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HomeMy WebLinkAbout1991-02-19 (Regular) Meeting MinutesI I I. Call to Order ENGLEWOOO CITY CotMCIL EHGi.EWOOO, AltAPAHOE COUNTY, COLORADO ~lar Sessio•1 February ,9, 1991 The regular meeting of the Eng l ewood City Council was called t? order by Mayor Pro Tem Habenicht at 7:37 p.m . 2 . lnvocat ton The invocation was gi ven by Counc i l Member Bullock . 3. Pled9e of Allegtance The Pledge of Allegiance was leJ by Mayor Pro Tea Habenicht . 4 . Roll Call Present : Absent: A qu orum was present. Council Mellbers Hathaway, Koltay, Wiggins , Bullock, Clayton, Habenicht Council Mellber Yan Dyke Also present: C1ty Manager Fraser C1ty Attorney DeWitt City Clerk Crow s. Nfnutes Dire,tor Fonda, Utilities Department/Public Works Depart111ent Director Stanley , Safety St rvices Execut i ve Officer Olson, Safety Serv i ces (a) COUNCIL MENIER WIGGINS IIOYED, AND IT WAS SECOND ED, TD APPROVE THE MINUTES OF THE RE6ULAR MEETING OF FEBRUARY 4, 1991. Ayes : Council Members Koltay , Hathaw ay , Wigg i ns , Bu lloc k, Clayton, Habeni cht None Nays : Council Memb e r Yan Dyke Absent: Mot 1o n car r i ed. 6. Pre-scheduled Vi s itors Englewood City Council Nlnutes February 19, 1991 -Page 2 (a) LuAnne Mickel son, Ha 11 ey Center Supe r visor, i ntroduced Ma 11 ey Cen • ter employees, Jeanne Cleveland and Dona Kooy. Both e;;iployees were honored for the life -saving medical assistance they provi~2d recently to an Englewood citizen. (b) Susan Jackson, representing the Massage Therapist Law and Le gi s l a - tion Coalit i on, requested that Council consider amending the Englewoo d Municipal Code bringing it in to compliance with State statutes relating to licensing of massage therapists . Ms. Jackson stated that there are numer ous therapists living in Englewood who would like t o be licensed t o practice in Englewood. Certification and training reQuirem•!nts were discussed. (c) A resolution appointing Rache l Stoddard to the Englewood Public Li brary Board was considered . The resolution was as signed a number and read by titl e: RESOLUTION NO. 14 , SERIES OF 1991 A RESOLUTION APPOINTING RACHEL STODDARD TO FILL A POSITION ON THE ENGLEWOOD PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD . COUNCIL NEMBER HATHAWAY NOVm, AND IT WAS SECOfllED, TO APPROVE RESOLUTION NO. 14, SERIES OF 1991. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht Nays: None Absent: Council Member Van Dyke Motion carried. Ms. Stoddard was presented a Certificate of Appointment and an Englewood logo lapel pin. Her appointment will expire February I, 1995. (d) A resolution appointing Bill Drapt:r to the Englewood Planning and Zoning Cammi ss ion was considered. The resolution was assigned a m!lllber and read by title: RESOLUTION NO. 15, SERIES OF 1991 A RESOLUTION APPOINTING BILL DRAPER TO FILL A POSITION ON THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECOtllED, TO APPROVE RESOLUTION NO. 15, SERIES OF 1991. Ayes : Nays : Absent: Motion carr i ed. Mr . Eng l ewood logo lapel Counc i l Members Koltay , Hathaway , Wiggins , Bullock. Clayton, Haben ich t None Council Member Van Dyke Draper was presented a Certificate of Appointment and an pin. His appointment will expire Feb ru ary I , 1995. (e) A resolution appo i nting Valerie Williams to the Englewood Pub l ;r Li brary Board wa s cons id ered . The resolution was assigned a number and read by title : I I I I Englewood Ctty Council Minutes February ,9, 1991 • Page 3 RESOLUTION NO . 16, SERIES OF 1991 A RESOLUTION APPO IN TING VALERIE WILLIAMS TO FILL A POSITION ON THE ENGLEWOOD PUB LIC LIBRARY BOARD FOR THE CITY OF ENGL EWOOD . COUNCIL MEMBER HATHAWAY NOVED, AHO IT WAS SECONDED, TO APPROVE RESOLUTION NO. 16, SERIES OF 1991. Ayes ; Counc ll Member s Ko ltay. Hathaway, Wiggins, Bullock , Clayton, Habenicht Nays: None Absent: Council Member Ya n Dyke Motton carried. Ms . Willians was presented a Certificate of Appointment and an Englewood logo lapel pin. Her appointlllent will expire February 1, 1995. (f) A resolution appoint i ng Deryl Vaughn Gease to the Englewood Public library Board was considered. The resolut ion was ass i gned a nt1111ber and read by title: RESOLUTION NO. 17, SERIES OF 1991 A RESOLUTION APPOINTING DERVL VAUGHN GEASE TO Fill A POSITION ON THE ENGLEWOOD PUBLIC LIBRARY BOARD FOR THE CITY OF ENGL[WOO[).. COUNCIL NENBER HATHAWAY IIDVED, All) IT WAS SECOtllED, TO APPROVE RESOLUTION NO. 17, SERIES OF 1991. ~es: Council Metlbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht Nays: None Absent: Council Metlber Van Dyke Motton Cirried. Mr. eease was presented a Certificate of Appointeent and an Englewood logo lapel pin. His 1ppotnt11ent will expire February 1, 1992. {g) A resolution reappointing Helene Tobin to the Englewood Planning and Zon i ng Co-.ission was considered. The resolution was assigned a number and read by title: RESOLUTION NO. 18, SERIES OF 1991 A RESOLUTION REAPPOINTING HELENE TOBIN TO FILL A POSITION ON THE PLANNING AND ZONING COK'1ISSION FOR THE CITY OF ENGLEWOOD . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 18, SERIES OF 1991. Ayes : Council Me11bers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht Nay s: None Abse t : Council Member Yan Dyke Motion carried. As Ms. Tobin was not present, the Certificate of Appointment and l ogo lapel pin will be forwarded to her. Ms. Tobin's appo i ntm ent will expire February I , 1995 . Englewood City Council Minutes February 19, 1991 -Page 4 (h) A resolution reco1T111endin9 the appointment of Jess L. Gerardi lo the Arapahoe County Cultural Council was considered. The resolution was assigned a number and read by title; RESOLUTION NO . 19, SERIES OF 1991 A RESOLUTION RECOMMENDING APPOINTMENT Of JESS L. GERARDI TO THE ARAPAHOE COUN - TY CULTURAL COUNCIL. COUNCIL NEN8ER HATHAWAY "OVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 19, SERIES OF 1991, Ayes: Nays: Absent: Mot i on carried. Council Members Koltay, Hathaway , Wigg 1 ns, Bullock. Clayton, Habenicht None Counc il Member Van Dyke 7. Non-scheduled Visitors (a) Nark Apodaca, 2351 West Warren Avenue, asked Council to reconsider the inclusion of the S100 registratton/pemlt fee for non-licensed vehicles set forth in §1S-5-3 A 5 -Vehicles -Derelict and Hobby. He collllll!nted that a lot of people in Englewood simply cannot afford the fee ; with the curren ~ "hard th1es• s0111e, such as himself, cannot even afford to license or insure such vehicles. He urged that it be left open for further discussion, and he offered to serve on a co111111ttee for review of the matter. Counci 1 Member Clayton responded, stating that there 1111st be 300 to 500 non -operating vehi- cles In Englewood, over which there is no means of enforcement without this provision in the Code. He co111111ented that 1f approved it would becollll! effec- tive August 1, 1991, which gives suffictent time to identify special situa - tions which ••Y need to be e•empted. Nr . Apodaca agreed there are a nUlllber of cars which should be ell•inated; further, that he could agree ~ith a law that offered a workable time frame. Hr. Clayton offered to work with Hr . Apodaca to resolve h1s concern . (b) Matthew S. Acker/Roxanne Acker, 3923 South Pennsylvania Street, offered COlffllents about the problems they encounter with "parking by permit only" in the vicinity of the high school. They complained that they were only Issued two permit stickers regardless of the number of vehicles they own and that they could only be issued two visitor perm i ts, replacement of whlc il costs Sl5 each. They did not care for the restrict i ons, stating it caused a great deal of inconvenience for them and their guests . Mr. Acker did not see the purpose of the parking restrictions when the police only enforce it upon com- plaint . Mrs. Acker commented that they had bee~ told more than once when com- plaining that the Pol i ce Division had 1~adequa.e patrol cars to re s pond . She agree d that something needed to be dc,ne, but did not believe this was th e right solution. Hr. Acker coirmented that he preferred the two-hour parking limit rather than "parking by permit only ." Afte r further discussion, Mayor Pro Tem Habenicht ass~red t he Ackers this on-going problem wo uld be discussed by the School/City Comm i ttee . I I I I Englewood Ctty Counctl Ntnutes February 19, 1111 -Page 5 (c) Scott Simpson/J i m Herdener, operators of the Miniature Golf Course and Go-Kart Track, requested support from Council concerning proposed plans for another Mini-golf course to be built as part of the South Suburban Recre - ation District 's develop11ent of property fonnerly owned by Arapahoe County Fairgrounds. They were concerned about the proximity of another golf course so close to theirs at the Englewood Municipal Golf Course. They were con - cerned that the one proposed by South Suburban was to be tax support ed which put• them at a disadvantage and risks their Investments. After considerable discussion and explanat i on concerning Englewood's precarious position, Hayer Pro Tem Habenicht stated Council appreciates the concerns posed by Mr . Simpson and Hr . Herdener. The gentlemen were urged to press their position wi th South Suburban during the public hearing process . (d) Ray Barlow, 3120 South Corona Street, stated the provi slons of Council Bill 63.1 (Agenda Item 9[a]), specifically the $100 permit fee fo r unlicensed vehicles, was too general. He felt the provisions would penalize innocent people, i.e., owners of hobby vehicles, owners of cars being repaired which are not an Qyesore. He suggested that one unlicensed vehicle, which Is Intact and presentable, be allowed. He co-nted that the proposed $100 per- •it fee was too strict, too excessive. He felt there should be a way to tar- get eyesores without penalizing owners of presentable vehicles. Council Mell- ber Clayton adv! sed he had discussed th1 s with Hr. 81rl °" ilOd that he had urged Mr. Barlow to present his conments to Council . 8 . Co.am1catlons and Procluattons (a) COUNCIL NENIEI CLAYTON IIOYm, NII IT VAS SECONDm, TO DECLUE IIARCH 28, 1!191, AS •.JOHN ltOTOLO DAY" IN THE c1n Of EIIILEWOOD VITH THE PIIOVISlON THE PROCUMTION BE PREPARED TO JICUII( IIAYOI VAN DYU'S IIMt:. Ayes: Counctl Mlllbers IColtay, Hathaway, Wiggins, Bullock, Clayton, H1benicht Nays: None Absent: Council Helll>er Yan Dyke Motion carried. Council Member Hathaway requested that an effort be made to secure a si•ilar proclamattoti fr011 Englewood's State legislators, Considine and Blickensderfer. 9. Second lteadfng of council B111s {a) Council Bill No. 63.l amending the Englewood Municipal Code by restru_~urlng sections that relate to health, sanitation, and environmental issues was considered for second reading . The City Clerk was asked to read Council 8111 No. 63 .1, entitled: COUNCIL Bill NO. 63 .1, INTRODUCED BY COUNCIL MEMBERS HATHAWAY ANO CLAYTON A Bill FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE 1985 BY REPEALING PARTS OF TITLE 6, TITLE II, AND TITLE 16 AND ADDING A NEW TITLE 15. COUNCIL MEMBERS CLAYTON AND HATHAWAY JOINTLY MOVED, ANO IT WAS SECONDED, TO APPROVE AGENDA ITEM 9(a) -COUNCIL BILL NO. 63.1. Englewood C1ty Council Ntnutes February 19, 1991 -Page e Council Member Clayton offered evidence of the large number of derelict vehi - cles located throughout the City. He pointed out these are derelict vehicles, not of the type mentioned by Mr . Apodac1 or Hr . Bar l ow . He strongly urged passage of the ordin ance, which sets the effective date of enforcement on I derel ict vehicles for August I, 1991 . He stated this would pr ov ide adequate time to publicize the effec t of the ordinance, prov id e an opportunity to iden- tify special situations of those not in violation of the s pirit of the or · dinance. In his opin i on this action needs to be taken t o encourage fam ilies to live in Engle wood ; the current bad Image of the community will cont i nue wi thout this act i on . Council Member Habenicht commented that everyone who has spoken to this sec- ti on has acknowledged there is a pr oblem with dereli ct vehicles , further that everyone is interested In seeing the City cleaned up . However , rather than approving it as written, she offered the following motion: COUNCIL MENIER HABENICHT NOVED TO TABLE THIS SECTION1 FURTHER, THAT THE CODE ENFORCEMENT REVIEW CONNITTEE IE RECOIIVENED AS A ILUE RIIION CONNITTEE TO AD- DRESS THE ISSUE OF Jla CMS, TAKING INTO CONSJDEltATJON THE $100 PERMITTING FEE AND OTHER AVDIJ£S Of MOTIVATION AND ENFORCE.IIENT, IRINIJN& FORTH A PROPOSED OIIOINANCE ON THE ISSUf BY JIIE 30, 1991, TO IE ENACTED BEFORE OR NEAR THE PRO- POSED AU&UST DATE. The motion died for a lack of a second. COUNCIL NEIIIEI HABENICHT NOVED TO MEN> SECTION 15-5-3 A 5 TO INCLUDE EXEMPT- INII THE FOLLOIUIG: IIILICEIISED YEHICLES IN STIIIAIE FOi: FMILY NOaUI SEIVllll II THI AIUIED FOICH FMILY IIENIEIS AWAY OIi SMIATICAL LEAVE, ON OOEN>ED VACATIONS, IN MEDICAL FACILITIES, IN COLLEIE OR OTHEI 111115 OF TIIAININ& INDIVIDUALS UNABLE TO AFFORD LICENSJNII, INSURINII, MIJ/Oll OPERATING THEIR USUAL VEHICLE OI VEHICLES BECAUSE OF FINANCIAL DISTRESS, UIEIPLOYIIENT, ETC. , MIJ VEHICLES ACTIVnY IEINB WOUED ON THAT AIE OTHERIIISE STORm ELSEWHERE. Council Member Hathaway stated she would second the 110tion if the 11st exemp - t ion were el iml nated. Hs . Habenl cht agreed to ell mi nate "VEHICLES ACTIVELY BEING WORKm 11N THAT ARE OTHERWISE STORED ELSDIIERE.• Discuss i on ensued. Council Member Bullock felt the ordinance would be inef- fective If the amendment were approved . Counci l Member Koltay agreed, stating I the ord in ance contains provisions for abatement, that special situations should be dealt with on a case-by-case bas is . Council Member Clayton pointed out that with the effective date of August I, there is five months to identify special, uniqu e situations which can be dealt with separately . Mayor Pro Tem Haben ic ht disagreed, stating the amendment clearly identifies appropriate ex - emptions and that having the exemptions identified would not require litiga - tion, court costs, attorney's fees, etc . wh ich will otherwise be required . Council Member Bullock posed a question concerning the possibili ty oft.•·-~- flicts of interest which was discussed. I I En9tawood City Council Minutes February 19, 1991 • Page 7 Council Member Hathaway called for the vote; results of vote concern i ng May or Pro Tem Habenicht 's motion to aniend : Ayes : Council Membc • Haben i cht Nays: Council Member s Koltay, Hathaway , Wigg i ns , Bullo ck, Clayton Absent : Counc i l Member Van Dyke Motl on fa 11 ed. Vote re s ults on final readi ng of Counci l Bill No . 63 .1: Ayes: Counc il Members Koltay, Hathaway , Wigg i ns, Bull ock, Clayton. Haben i cht Nay s: None Absent : Council Member Van Dyke Motion carried . Council Bi ll No . 63.J is hereby ass i gned as Ord i nance No . I I, Seri es of 1991. (b) Council Bill No . 10 .I prohibiting City Counc i l cand i dates from ac • ceptlng Politica l Action Committee contributions from i nterests located out · side of the City of Englewood was considered on second reading. The City Clerk was asked to read Council 8111 No . JO.I, entitled: COUNCIL BILL NO. 10.1, INTRODUCED BY COUNCIL MEMBER BULLOCK A BILL FOR AN ORDINANCE PROHIBITING CANDIDATES FOR ELECTION TO THE OFFICE OF CITY COUNCIL FOR THE CITY OF ENGLEWOOD FROM ACCEPTING PAC (POLITICAL ACTION COl'MITTEE) CONTRIBUTIONS FRO! INTERESTS LOCATED OUTSIDE OF THE CITY, AMENDING ENGLEWOOD l«JNICIPAL CODE 1985 , TITLE T, CHAPTERS, SECTION 2 BY ADDING A NEW SUBSECTION 12. COUNCIL MENIER BULLOCK MOVm, Nil IT WAS SECOfl>m, TO APPROVE AGDl>A ITEM 9 (b} · COUNCIL IJU NO . 10.1. Mayor Pro Tem Habenicht strongly urged Council to vote against pasuge. At her request, Mayor Pro T• Habenicht' s c01111111nts are incorporated into these minutes: "I ask you, my fellow councilmerbers, to join me In voting no on th i s ordinance . I ask for your support in the defeat of this ord i nance for three reasons. Number l • the election process for members of the Englewood City Council works. It works we l l, an~ it doesn't need reform . I know that Tim has made soine assertions to t 11 e contrary. Certain l y if Tim 's susp i cions are trud, we wou l d ha ve a problem . Ti m has i ndicated that he suspec ts that because of South Metro Chamber of Commerce BacPac donated mon i es to Sus an Van Dyke 's campaign, she won . That It was this influence from an out side source that swayed a close elect ion and tha t in t ur n he r vo t e s go to benefit this group in a revolv i ng door . I take is sue wi th that, and I have some thing s to put f or th for Coun cil's co nsiderat i on to think ab out . The proposed prob l em that you 're try i ng t o re solve wi t h t his or d i na nce i s that out si de PA Cs an d out si de PAC monies EngltwOOd City Council Minutes February 19, 1991 -Page 8 are unduly influencing Englewood C1ty Council elections. The facts in this . I've looked up the facts by looking Into some of the records that we have in the City, in the City Clerk's office • I'd like you to rev iew this one fact . In the last election three candidates reported to receive montes from "outside' groups: 1. successful cand i date Susa n Van Oyke (winning by the narrowest margin) received $300 from the South Metro Chamber group; 2. successful candidate Clyde Wiggins (winning by a substantial margin) received $250 fro,~ the South Suburban Board of Realtor s group; 3. unsuccessful candidate Jan Schultz (losing by a substantial margin) received a total of SBOO from outside groups -S400 from the South Metro Chamber group, and S400 from the Colorado Realtors group . The conclusion that I co111e to from these facts is that there is no cor- relation between outside contributions and the results of elections, un- less it could be a reverse correlation. Because if you would note, the person that received the 11111st outside 1110nies lost by the greatest amount. The person who received the least of these monies, won by the greatest amount. I think it's also interesting to note that all of the 1110nies donated to the South Metro group for political action $700 were fr0111 City of Engle- wood businesses and individuals and S700 was donated to the City of En- glewood candidates. So in fact there weren't outside monies. The other proposed problem is because candidates receive 1110nies from in- dividuals or groups, they vote according to the wishes of these indi- •1iduals or groups . I don 't think that follows. looking at the contribu- tors and the votes, the contributors to the different campaigns of the council members that are here, on this council, and looking at the votes . reviewing the votes, I don't see any correlation on the part of eithi:r Susan Van Dyke or Clyde Wiggins . The conclusion that I draw that for the most part our City Council mem- bers th i nk and vote for themselves, including Susan, Alex, Tim, Bill, Rita, Roger , and Clyde. There ls not a correlation between councilmember votes and their campaign contribu t ors except for the strong possibility that there are ideological s imi larities in people who support each othe r . looking over the campaign financing reports, I find t hat we 're fortunate to have concerned citizens and businesses who are Interested in our com - munity and in our government. Most of our local PACs are made up of pa s t mayors and lo cal businesses . We have individual contributors. some who give upwards to $200 to a candidate. We have business contributors. We have businEss that pool their resources to support candidates. We hav e individuals th at pool the ir resources to support candidates. For the I I I I Entlewood Ctty Council Ntnutes February 19, 1991 • Page 9 most part, even with contributions, we finance our own campaigns. We have open reporting.• Council Member Bullock called for the quest ion. Council Member Habenich t continued . "This ord nance fixes nothing. Because nothing is broke, except maybe some of the future candidates who wi 11 have fewer people to go to for support. And what did all this money pay for? It paid for signs , fliers, local newspaper ads, and for celebration parties -big wingdings that cost in the $!Os of dollars . With the ordinance passing someone outside the community can tap the shoulder of a resident, have them make a contribution for them, and we have no clear tra i l of where the monies come from. I really think this Is a serious mistake, and I urge you to vote against it . I have heard that somebody called for the question . Will we please vote?" Vote results: Motion Seri es Ayes: Council Members Koltay, Clayton Nays: Council He~ber Habenicht Absent: Council Member Van Dyke carried. Council 8111 No. 10.1 ts hereby of 1991. H1thaway, Wiggins, Bullock, assigned as Ordinance No. 12 , (c) Council 8111 No. 12 approving a contract betwe en the Colorado De- partment of Highways and the City of Englewood for funding to improve traffic signalization along South Broadway was considered on second reading. The C~ty Clerk was asked to read Council 8111 No. 12 , entitled: COUNCIL BILL NO. 12, INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE APPROVING A CONTRACT BETWEEN THE COLORADO DEPARTMENT OF HIGHWAYS ANO THE CITY OF ENGLEWOOD FOR FUNDING TO IMPROVE TRAFFIC SIG- N.A' IZ.ATION ALONG SOUTH BROADWAY, CotKJL MENIER HATHAWAY NOVm, AND IT WAS SECOlllm, TO APPROVE AGEll>A ITEM 9 (c) -COUNCIL IILL NO, 12. Ayes: Council Hembers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht Nays: None Absent: Council Member Va n Dyke Motion carried. Council Bill No . 12 is hereby ass i gned as Ordinance No. 13, Serles of 1991. 10. Public Hea r ing No public hear i ng was scheduled . II . Ordinances, Resolutions and "otlons Englewood City Council Ninut ■s February 19, 1911 -Paga 10 (a) A reconnendation from the Englewood Electi on Conmlss1on concerning the redistricting of City Council districts was cons dered . The resolution was assigned a number and read by title : RESOLUTION NO. 20, SERIES OF 1991 A RESOLUTION ACCEPTING THE RECOHHENDATION OF lHE ENGLEWOOD ELECTION COMMISSION CONCERNING REAPPORTIONMENT OF CITY COUNCIL DISTRICTS. COUNCIL MEMBER Wl&&INS MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 20, SERIES OF 1991. Ayes : Nays: Absent: Motion carr1 ed. Council Members Koltay, Hathaway, Wigg i ns , Bullock, Clayton, Habenicht None Council Member Van Dyke (b) Director Fonda presented a reconmendation from the Bi-City Super- visory Co11111lttee to adopt a bill for an ordinance providing an easement to the Public Service Company to relocate power lines to the Bi-City Wastewater Treatment Plant. The City Clerk was asked to read Council Bill No. 11, entitled: COUNCIL Bill NO. 11, INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE GRANTING PUBLIC SERVICE COl'IPANY OF COLORADO A UTILITY EASEMENT ON CITY PROPERTY LOCATED AT THE BI-CITY WASTEWATER TREATMENT PLANT. COUNCIL MENIER HATHMIAY MOVED, AND IT WAS SECONDED, TO APPROVE ON FIRST ltEAD- 1116 COUNCIL BILL NO. 11, SERIES OF 1991. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht Nays: None Absent: Council Melllber Van Dyke Motion carried. (c) Di r ector Fondi presented a joint recorrmendat1on from the Water and Sewer Board and the Departnient of Utilities to approve an agreement with the Atchison, Topeka and Santa Fe Railway Company for a water pipeline crossing at South Navajo. The resolution was assigned a number and read by title: RESOLUTION NO . 21, SERIES OF 1991 A RESOLUTION APPROVING A PIPE LINE LICENSE WITH THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND THE CITY OF ENGLEWOOD FOR THE CONSTRUCTION OF A WATER PtPELIN[ ACROSS SANTA FE'S RIGHT-OF-WAY AT SOUTH NAVAJO STREET. COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 21, SERIES OF 1991. Ayes : Council Members Koltay , Hathaway, Wiggins , Bull ock , Clayton, Ha benic ht I I I I E"9lewood City Council Ntnutes February 19, lttl -Pat• 11 Nays : None Absent : Counc i l Member Van Dyke Mo ti on carr1ed . (d) Act i ng Director Fonda presented a reconmenC:at i on fro111 the Public Work s Department to adopt a Resolut i on of Intent to Form Pav 1ng Di str i ct No . 34/Concrete District 1991. Hr . Fonda expla i ned numerous s treet s and alley s will be involved in the pav i ng portion ; a vol unteer program is i ncluded i n the concret e distr i ct ; and a developer along Union Avenue will be allowed to put 1n Infrastructure . A public hearing is scheduled for Ma rc h 25, 1991 , after which the ordinance form i ng the Di stri ct will be considered. Mr. Fonda recom - mended approval of the Resolution of Intent, after which property owners wil l be notified . The resolut i on was ass i gned a number and read by t i tle : RESOLUTION NO. 22, SERIES OF 1991 [See below for motion correcting Resolution No . 22 to Resol ution No. 13) A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNC IL OF ENGLEIIOOO, COLORA - DO, TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN THE CITY, TO BE DESIGNATED AS PAV ING DISTRICT NO. 34/CONCRETE REPLACEMENT DISTRICT 1991 , ADOPTING DETAlLS AND SPECIFICATIONS FOR THE PROPOSED DISTRlCT, ANO DIRECTING PUBLICATION AND MAlllllG OF THE NOTICE OF HEARING TO THE OWNERS OF THE REAL PROPERTY IN THE DISTRICT. COUNCIL NDIIER BULLOCK NOYED, AND IT IIAS SECONDm, TO APPROVE RESOLUTION NO. 22, SERIU Of lHl. [See below for 110tion correcting Resolution No . 22 to Resolut i on No. 13) It was noted by City Attorney O.Witt that the resolution contains notice of a public hearing on this matter for March 25, 1991, at 7 :30 p.m. Cost are expected to be 15 to 201 higher for Paving District No. 34 than they were for Paving District No . 33 . The matter of a 5i discount for early pay - ment is an option to be discussed further by Counci l. Vote results: Ayes: Nays: Absent: Motton carried . Council Hl!tllbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht None Counci l Member Van Dyke Before cons i derat i on of the next agenda Hem, City Clerk Crow noted sh e had i nadvertently ass i gned the wrong number to the Reso l ution . Because of mailing and publ i cat i on requ i rements , No. 13 was prev i ously as s i gned t o thi s resolut i on. COUNCIL MEMBER BULLOCK MOVED, ANO IT WAS SECONDED, TO AMEND TH~ PREVIOUS NO - TION BY APPROVING RESOLUTION NO. 13, SERIES OF 1991, NOT RESOLUTION MO. 22 . Aye s: Counc il Members Kolta y, Hathawa y , Wiggins , Bull ock , Cl ayton, Haben i cht Englewood C1ty Council M1nutes February 19, 1991 -Page 12 Nays: None Absent ; Council Member Van Dyke Mo t ton ca rr i ed. Hs . Crow apologized for the confu si on. (e) Director Stanley presented a reconwnendation fro m the Department of I Safety Services to adopt a bil 1 for an ordinance approving an agreement with the Colorado Department of Highways for the development of a Traffic Safety Education Program f or the City of Englewood. The agreement would provide funding for a part -time education specialist to address the t raffic safety program In the schools , monlu for visual aids and materials, a small robot po 11 ce car, and al so monies to augment the DU I program. The need for video equipment for OU! enforcement was discussed . The use of over ti me monies for the DUI program was explained. It was pointed out that the City 's contribu • tlon to the program, $250 , represents only a of the total contract amount. The C1ty Clerk was asked to read Council Bill No . 13, entitled: COUNCI L Bi l l NO . 13, INTRODUCEn BY COUNCIL HEHBER HATHAWAY A BILL FORM ORDINANCE APPROVING TH£ CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAY SAFETY , STATE OF COLORADO FOR A COINJN~TY OUTREACH PROGRAK . COUNCIL MENIER HATHAWAY MOVED, AND JT VAS SECOll>ED, TO APPROVE ON FIRST READ- ING COIIICIL llll NO. 13, SERIES OF 1991. Addit i onal ca.ents were made concerning overtime funds for the DUI program. Vote results: Ayes: Nays: Absent; Motion Cilrried. council Mellbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht None Council Henber Van Oyke (f) Acting Director Hart i n presented a reco111nendation from the Depart- ment of Financial Services to adopt a resolution amending the 1990 Gen11ral Fund Budget to account for certain unforeseen personnel costs, i .e., wage / benefit adjustments for employees wh i ch were not known at t he t i me of the for - mulation of the 1990 budget in 1989 , and the Leydon set t lement. Hs. Hart i n explai n~d the budget adjustments involved taking $428 ,287 from General Gove r n- ment Budget to be applied as fo l lows: S323,287 to Safety Serv ices ; $21 ,000 to Municipal Court; $23,000 to Adm i nistrative Servi ce s; S25 ,000 t o Fi nance ; $36,000 to Connunlty Development . In addition $219,792 i s to be transferred from the General Fund /Fund Balanc e to Safety Ser vices. The resolut i on was assigned a number and read by title : RES OLUTION NO. 22, SERIES OF 1991 A RE SO LU TION AMENDING THE GENERAL FUND 199 0 BUDGE T COUNCIL HEHBER KOLTAY HOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 22, SERIES OF 1991. I I I Engl-«ld City Council Minutes February 19, 1991 -Page 13 It was confirmed that the $428,287 1n the Genera l Gove r nme nt Budget had been budgeted and set aside for the pu r pose of the wage/benef i t adjustment. Fu r - ther dis cussion ensued concerning the reapportionment of these funds. Vote results: Ayes : Nays: Abse nt; Motion car ri ed . Council l1e111bers Koltay , Ha t haway, Wigg i ns , Bullock , Clayton , Habenicht None Counc i l Member Yan Dyke (g) Acting Director Hartin pre s ented a recolll!Mlndation f r om t he Dep art- ment of Financial Serv ic es to adopt a reso l ution appropriat i ng add i tiona l funds to the 1990 Puhl ic Improvement Fund Balance. She explained t hat 33 of 51 Public Improvement Fund projects, active in 1990, had been completed . Of the 18 remain i ng projects, f1ve are over budget and reQu i re additional fund - i ng ; the other projects are under budget. Add i tional fund i ng in the amount of SS ,164.51 from the PIF Fund and a transfer of S3,772 .13 from the Golf Course Enterprise Fund Is necessary to balance these five projects. A typographical error under Section 1 -Source of Funds was corrected. The resolution was assigned a number and read by title: RESOLUTION NO . 23, SERIES OF 1991 A RESOLUTION AMENDING THE PUBLIC 111PROYEMENT FUND . COUNCIL NEIIIEI KOLTAY NOvm. MID IT WAS SECONDED, TO APPROVE RESOLUTION NO. ·1. SEllES Of 1191. AS COIIECTED. City Manager Fraser expressed appreciation to the Engineering Division for efforts made to close out these projects, some of which were seven or eight years old. Vote results: Ayes : Nays: Absent : Motion carried . Council Melllbe r s Koltay, Hathaway , Wiggins , Bullock , Clayton , Habenicht None Council Member Van Dyke (h) City Manager Fraser presented a recommendat i on to adopt a resol u- ti on oppos i ng House Bill No . 1054 because of i ts adve r se effects to gov ern men - tal l11111unity . The resolution was assigned a number an d read by t it le : RESO LUTION NO . 24 , SER IES OF 1991 A RESOLU TION OPPOSING HOUSE BI LL 1054. COUNCIL MEMBER HATHAWAY HOYED, AND IT WAS SECONDED. TO APPROVE RESOLUTION NO. 24, SERIES OF 1991. Englewood City Council Minutes February 19, 1991 -Page 14 Council Member Bullock co11111ented that even though he has compas sion for the young man who was i njured, he does not feel adjusting the entire system for an isolated instance Is appropriate. Council Member Hathaway adv ised she would like to provide a copy of Resol uti on I No. 24 to Denver Regional Council of Governments for it s rev i ew of this same topic. Vote results : Ayes: C~tmcil Members Koltay, Hathaway, Wiggins , Bullock, Clayton, Haben icht Nays: None Absent: Council Member Van Dyke Motion carried. 12. General Discussion (a) Mayor's Choice (1) Hayor Pro Te,n Habenicht co11111ented about the continuing prob - lems at the Gothic Theatre. Discussion ensued concerning alternative 111ethods of keeping Council posted on this and other similar situations . (b) Council Member 's Choice (1) Council Member Koltay offered to withdraw Agenda Item IZ(b)(I), a council bill concerning 9111ployee residency require11111nts. He ex- plained he had Informed the supporters of employee residency require111ents that approximately 883 signatures would be required to address this issue through the referendum process. He Is of the opinion this subject will be addressed by that 111eans. COUNCIL MEMBER KOLTAY MOVED, AND IT WAS SECOll>EO, TO TABLE INDEFINITELY AGENDA ITEM 12(b)(I). Ayes : Nays : Absent: Motion co1rried. Council Me111bers Koltay , Clayton , Habenicht None Council Hember Van Dyke Hathaway, Wiggins, Bullock , (ii) Council Member Koltay spoke concerning two other issues: I. Domestic violence: He restated his request for a reporting of actual costs of trying/defending cases on behalf of the City. Council Me mber Bul l ock added that the reporting should inc lude a comparison of account i ng costs. 2. Hiring statistics: He stated it is apparent there is a continuous need for dispatchers i n the Safety Services Depa~t ment, and he su ggested that the City could Initiate a trai n ing program for d isp atchers which would create a pool of trained per sonnel. l ◄e reiterated his belief th at the City need s to take a more aggres sive position In h i ring Englewood residents when they are qualified for open pos i tions . I I I Eng11W004 C1ty Council Ntnutes February It, 1991 -Page 15 (111) Council Member Wiggins spoke concerning two Issues; 1. Englewood's 911 monthly telephone charge : City Hanag!!r Fraser will pro - vide t hat information. 2. Warning s i rens; Since they have been installed, he inqu i red when they would be tested . Eicecutive Officer Ol son, Safety Services, advised that the sirens are mounted, not completely hooked up, but should be ready for testing in three weeks. They are mounted at I) Bates/Logan Park area, 2) Servicenter, 3) Pol ic e/Fi re Center, 4) Acoma Fi re Stat Ion, and S) Greenhouse . Advan ce notice will be g i ven before esting. {1v) Council Member Clayton posed two issues: I . Residency privileges for property owners : He Informed Counc i l the Parks and Recreation Conn1ssion had discussed the matter and it is the consensus of the Conmisslon that Counc i l consider establishing such a pol i cy . He asked the City Attorney to prepare an ord i nance to effect that change and that the mat- ter be scheduled for an upcoming study session . 2. Travel authorization/National League of Cities, Washington, 0. C. COUNCIL NENIER HATHAIIAY IIOVED, MD IT IIAS SECOIIJED, TO AUTHORIZE NECESSARY TRAVEL EXPENSES FOR •• CLAYTON'S ATTDIIANCE AT THE NATIONAL LEA&UE OF CITIES CONFHEIICE IN IIASHIIIQTOII, O.C. Ayes: Council Netlbers Koltay, Hathaway, Wiggins , Bullock , Clayton, Habenicht Nays: None Absent: Council Ne~ber Van Dyke Motion carried . 13. Ctty Manager's Report (a) Hr . Fraser requested authorization to forward correspondence to Representative Bllckensderfer relative to Council 's concerns with House Bil l No. 1265 , the Metropolitan Transportation Authority 8111 . COUNCIL NENBER HATHAWAY NOVED, All> IT VAS SECOIIJED, TO AUTHORIZE TRANSNITTAL OF SUBJECT LffiER. Ayes: Council Nembers Koltay, Hathaway , Wiggins , Bullock, Clayton, Haben i cht Nays : None Absent: Council Member Van Dyke Mot i on carried . Council Mem ber Hathaway requested a co py of the signed letter for her to present to Denver Regional iounc l l of Governments. Council Member Clayton requested that a similar letter be sent to Colorado Mun i cipal League and di re ctly to Metro polit an Transportat i on Development Co1T1T1ission . After discu ssion, City Manager Fraser su ggest ed a copy of the le tter be se nt to t he organ iz at i ons alon g wi th a letter fro m him about the subject. 14 . City Attorney's Report En9lewood City Council Minutes February 19, 1991 -Page 18 (a) Hr . DeWitt requested add1t1onal infor11ation concerning Hr. Clay - ton 's request for an ordinance regarding residential privileges for property owners. IS. Adjournment COUNCIL NENBER KOLTAY MOVED TO ADJOURN. The meeting adjourned at 10 :07 p .m. City Clerk I I