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Home My WebLink About1990-03-05 (Regular) Meeting MinutesEIISLEIIOOD CITY COUNCIL DIGLOIOOO, MAPAHOE COUNTY, COLOIADO R!fular Stss1on !larch 5, 1990 l. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Van Dyke at 7:40 p.m . 2. Invocation The 1nvocat1on was given by Father Welch, St. George's Episcopal Church . 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Van Dyke . 4 . Roll Call Prese ·t: Absent: A quorum was present. Also present: 5. Minutes Council Members Hathaway, Koltay, Wiggins, Bullock, Van Dyke Council Members Clayton, Habenicht City Manager Fraser City Attorney DeWitt City Clerk Crow Director Fonda, Utilities (1) COUNCIL MOIIER HATHAWAY MOVED, AND IT WAS SECOll>ED, TO APPROVE THE NIIIUTES OF THE RE6UW MEETING OF FEBRUARY 20, 1990. Ayes: Council Members Kolt11, Hathaway, Wiggins, Bullock, Van Dyke None Council Helnl.ers Clayton , Habenicht Nays : Absent: Motton carried. 6 , llanaral Discussion {a) Mayor's Choice Mayor Van Dyke did not have any •alters to bring before Council . Englewood City Council Minutes March~. 1990 -Page 2 (b) Council Member's Choice (I) Council Member Koltay presented a Resolution opposing House 8111 90-1008 relating to restrictions on operations of Housing Authorities. He explained that in his opinion the 8111 has been proposed as a response to the problems the City of Denver is experiencing with 1ts Housing Authority, and he stated that Englewood's Housing Authority has not had the same type of problems. Evan though the 8111 could be beneflclil to SOl!le Housing Authori- ties, the Englewood Housing Authority 1s asking for Council's support to op- pose the Bill. The Resolution was ass19ned a n11111ber and read by title: RESOLUTION NO. 26, SERIES OF 1990 A RESOLU'irON OPPOSING HOUSE BILL 90-1008 RELATING TO RESTRICTIONS ON OPERA- TlONS OF HOUS[NG AUTHORITIES. COIIICIL MEMBER ICOLTAY MOVED, AND IT WAS SECOfllED, TO APPROVE RESOLUTION NO. 26, SERIES OF 1990. Ayes: Nays: Absent: Motion carried. Council Members Koltay, Hathaway, Wiggins, Bullock, Van Dyke None Council Me!llbers Clayton, Habenicht (11) Council Member Koltay presented Information concerning a Quit Claim Deed fr0111 the City of Englewood to C. J. Glynn and Nancy Glynn for prop- erty adjacent to Fox Street and Mansfield Avenue. Mr. Koltay explained that the City previously had quit claimed 1n error this piece along with other property to another Individual. The matter has becolll8 a dispute between the two neighbors. Since a Quit Claim Deed does not carry any warranty or guaran- tee, it Is the City Attorney's opinion that the Quit Claim Deed to the Glynns should re110ve the City from the dispute and would assure the Glynns the City has no Interest in the property other than the right-of-way 1n the City Di tch which runs under the property In question. The Clerk was asked to read Council Bill No. 11, entitled: COUNCIL BILL NO. 11, INTROOUCED BY COUNCIL MEMBER KOLTAV A BILL FOR AN OROIHANCE AUTHORIZING [SSUANCE OF A QUIT CLAIM DEED TO A PORTION OF THE REAL PROPERTY NEAR THE INTERSECTION OF FOX STREET ANO MANSFIELD AVENUE. COUNCIL .. £NIER ICOLTAY MOVm, ANO IT WAS SECOll>ED, TO APPROVE ON FIRST READING COUNCIL ~Ill NO. 11, SERIES OF 1990. City Attorney DeWitt responded to questions about this procedure, offering to discuss it further with Council Member Bullock prior to the second reading. £ntlMIOOd City Council N1nutes March 15, 1110 • P191 3 Vote results: Ayes: Council Members IC.oltay, Hathaway, Wiggins, Bullock, Yan Dyke Nays: Absent: Nona Co uncil Matllbers Clayton, Habenicht Motion carried. 7. Pre-scheduled V1s1tors (a) Ennet A. Moss ■an, 1430 E. Bates, presented a suggested change to Section 137:6 of the Charter which would alleviate future possib11 lty of hiving a ballot question similar to the one put to the electorate at the January 30, 1990, special election. Nr. Moss1111n stated that ballots should be clear, concfse and logical; thlt the vote should reflect the wishes of the electorate; and that ballot questions should not be redundant. He felt Ques- tion No. I (EPBA Senior Patrol Pay Category) was unclear and redundant since two of the options were Identical in essence. He presented an analysis of the possibility of how the vote might not have reflected the true wishes of the electorate. N11or Yan Dyke explained to Nr. Moss■an that Council was aware of the situation, but at the tillll! there were no alternative choices as the Charter is very specific •bout the ballot wording for 11111)asse referend1111 is- sues. Sha assured Nr. Noss ■an that th1s Section of the Charter 111111 be re- viewed, along 1111th several other sections, for possible a■endllents to the Charter. B. Non-scheduled Visitors There were no non-scheduled visitors. 9. Ca.un1catlons and Procla■at1ons (a) COUNCIL MENIER HATHAWAY NOVED, AND IT WAS SECOll>PI, TO ACCEPT IIITH RElllET LINDA IIAIIIIARTNER'S RESIGNATION FRON TIIE PLNIIIll8 Mil ZONING COIIIISSION. Ayes: Nays: Absent: Motion carried. 10. Consent Agenda Council Me■bers Kolhy, Hat!laway, Yan Dyke None Council Helllbers Clayton, Habl!11 •cht There were no tte■s to be considered under Consent Agenda. 11. Pub11c Hearing No public hearing was scheduled. 12. Ordinances, Resolutions and Notions Wiggins, Bullock, Englewood City Council "lnutes Karch 5, 1990 -Page 4 (a) Di rector Fond• presented a rec011'111endat1on from the 81-Ci ty Super - vt,sm·y C111111tttee to adopt a bill for an ordinance approving the agreement for technical uslstance at the Lowry landfill Cleanup Site wtth GeoTrans, Inc., and an agree11ent to share those technical services with the Ctty of Lakewood. n Mr. Fonda explained that Englewood , as a Potenttally Responsible Party (PRP), requires techntcal ass1 ~hnce to take part tn the Remedial Invest lgat Ion/ Feastbtltty Study at the Lowry Landfill Cleanup Site. The agreement with G6o • Trans, Inc., would provide the as~istance needed , a~ri the agreeinent with Lake- wood would set forth ground rules for sharing the technical assistance. Hr. Fonda conflnned the cost of $42,028 would be shared by the Bl-City Wastewater Treatment and City of Lakewood on a 50/50 basis. There are sufficient monies In the Sewer Fund to cover this expenditure . The City Clerk was asked to read Council 8111 No. 8, entitled: COUNCIL BILL NO. 8, INTROOUCEO BY COUNCIL HEHBER HATHAWAY A BILL FOR AN ORDINANCE APPROVING AN AGRE~ENT FOR CONSULTING SERVICES BETWEEN GEOTRANS, INC., AND THE CITIES OF LAKEWOOD, LITTLETON, ENGLEWOOD AND AN AGREE- MENT FOR THE COfiltON DEFENSE AND SHARING OF TECHNICAL SERVICES BETWEEN THE CIT- IES OF LAKEWOOD, LITTLETON AND ENGLEWOOD RELATING TO THE LOWRY LANDFILL SUPER- FUND SITE. COlltCIL NDIBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE ON FIRST RE.AD- IN6 COUNCIL Bill NO. 8, SERIES OF 1990. Ayes: Council Members Koltay, Hathaway, W1ggins, Bullock, Van Dyke Nays: None Absent: Council Hembers Clayton, Habenicht Hotton carried. (bl City Attorney DeWitt presented a bill for an ordinance amending t~e Englewood 111.1nicipal Code by imposing a fine of $1,00D for vtolatl~ns o~ "an ! tary sewer pretreatment regulations. He explained this aniendment to the Code Is N!quired by the Environmental Protection Agency. He further explained that each day a violation occurs is considered a separate offense. He cMfirmed that Council Bill No. 10 replaces Counci l Btll No. 7, previously consldere<.I by Council , The Ctty Clerk was asked to read Council Bill No. 10, entitled: COUNCIL BILL NO. 10, INTRODUCED BY COUNCIL MEHRER BULLOCK A Bill FOR AH ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 6, ENGLEWOOD HUNICIPAL CODE 1985, BY IMPOSING A FINE OF $1,000 FOR VIOLATIONS OF SANITARY SEWER PRETREATMENT REGULATIONS. COIIICIL NEIIIER BULLOCK NOYED, AIII IT WAS SECOll>ED, TO APPROVE ON FIRST READING COIIICIL BILL NO. 10, SERIES OF 1990. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Yan Dyke n J EnglMIOOCI City Council lltnutes March s. 1990 • Page 5 Nays: Absent: None Council Metllbers ClaYton, Habenicht Notion c:arried . (c) City Manager Fraser presented a rec011111endation from the Depart11Bnt of Safety Services for purchase of a Aerial Ladder Truck. Mr. Fraser ex- plained that if approved he would be sending a letter to Si110n Laddar Towers, Inc., confirming the City's order of the truck currently under construction. Mr. Fraser stated that appropriate financ i ng would be arranged prior to the delivery, with delivery expected late In 1990. COUIICJL IIEIIIEll IIATIWIAY MOVED. AND IT WAS SECOIIIED, TO APPROVE THE PlllCHAS[ OF A FIRE AERIAL APPARATUS FRON SIMON LADDER TMRS, INC, Ayes: Council Metllbers Koltay, Hathaway, Wiggins, Bullock, Yan Dyke Nays: None Absent : Council llelllbers Clayton, Habenicht Motion carried. 13. City llanager's Report Mr. Fraser did not have any matters to bring before Council. 14. City Attorney's Report (1) Mr. DeWitt provided an update on the Colorado Court of Appeals Decision In the Araps Old Gun Shop Eat1n' and Drinkln' case, which upheld the suspension ordered by the Englewood Liquor Licensing Authority. (b) Hr. DeWitt provided an update on Fire and Pol Ice Pension Associa- tion l itigation, stating the Association has agreed to turn over to the Cit1 approxl ■ately SS9,000 as stipulated in the agreement. (c) Mr. DeWitt Informed Council that the Colorado Supreme Court has declined to hear the City's Certiorari Review of the Leyden case; therefore, the case will be referred back to the trill court. It is anticipated that certain other evidence will be considered. Mr. DeWitt estimated it will take a few 110nths, but stated 1t Is difficult to give a definite tfme frame con- cerning this Mitter. (d) A Resolution correcting the 1990 salary for the City Attorney was assigned a n11111ber and read by title: RESOLUTION NO . 27, SERIES OF 1990 A RESOLUTION ESTABLISHING ANNUAL SALARY FOR THE CITY ATTORNEY FOR THE CALENDAR YEAR 1990. COUNCIL NENIEI ICOLTAY MOVED, AND IT 11AS SECOIIIED, TO APPROVE RESOLUTION NO. 27. SERIES OF 1990. ~es: Council Metlbers Koltay, Hathaway, Wiggins, Bullock, Yan Dyke EnlllWOOd C1t1 Council Nlnutts !larch S, lHO • Pa .. II MlYS: None Absent: Council Melllbers Clayton, Habenicht Motton urrled. 15. Mjou...-nt COWICIL IIDIIER HATHAlfAY IIOYm TO MIJOUIIII. The IIM!etlng adjourned at 8 :25 p.m. ~~&~ y er