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HomeMy WebLinkAbout1990-05-01 (Regular) Meeting MinutesEJ16LEIIOOO CITY COIIICIL EN6LEWOOO, AR/.PAHOE COUNTY, COLORADO Rgular 5ess1on Nay 1, lHO l. Call to Order The regular ••ting of the Englewood City Council was called to order by Nayar Yan Dyke at 7:37 p.m. 2. lnvocat 1on The invocation was given by Council Me•ber Wiggins. 3. Pledge of A11eg11nce The Pledge of A11egiance was led by Mayor Van Dyke. 4. Roll Call Present: Council Membe r s Hathaway, Koltay, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Absent: A quorum was present. Also present: None City Attorney DeWitt City Clerk Crow Director Wanush, Community Development Di rector Waggoner, Public Works NOTE: City Manager Fraser entered the meeting at 7:47 p.m. 5. Nlnutes (a) COUNCIL NEHIER KOLTAY NOYm, NI) IT WAS SECONDED, TO APPROVE rHi: MINUTES OF THE REGULAR MEETING OF APRIL 11, 1110. Ayes: Council Hefflbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Notion carried. 6. &tneral Dtscusston (a) Mayor's Choice Englewood City Council Nlnutes Nay l, 1990 • Page 2 (1) Mayor Van Dyke advised Council of invitation by Greater Engle- wood Chamber of Connerce to meet with the Chamber on Hay 22, 1990, 5:30 p.m. at Woody's, Golf Course Clubhouse. (It) Mayor Van Dyke asked that a resolution be considered naming Beverly P. Stmon as the first recipient of an annual award desig nating an out- standing citizen of Englewood. The resolution was assigned a n1Jmber and read In Its entirety . RESOLUTION NO. 43, SERIES OF 1990 A RESOLUTION NAMING BEVERLY P. SIMON ENGLEWOOD'S OUTSTANDING CITIZEN OF 1990. NAYOR. YAN DYKE NOYED, AND lT WAS SECOIIIEO, TO APPROVED RESOLUTION Ill. 43, SERIES OF 111110, Ayes: Council Members Koltay, Hathaway, Wiggins , Bullock, Clayton, Habenicht, Van Dyke Nays: None Motton carried. Resolution No. 43 will !Je presented to Ks. Sl11on by members of City Council at the Town Meeting, May 15, 1990 . (b) Council Member's Choice (1) Council Member Habenicht advised Council she would be In at- tendance at the Town Meeting, having successfully postponed a jury duty sum- mons. She also reported the satisfactory resolution of a citizen's inquiry about police response time 1n a recent incident; she complimented the Police Department for the speedy apprehension of the suspect. (Ii) Council Memb~r Wiggins asked how inquiries are being handled concerning the EURA bond default, as he has received several. Mayor Van Dyke advised that inquiries of that nature should be referred to the City Manager's secretary; Mayor Van Dyke intends to respond to them personally. (111) Counc il Member Hathaway brought forward two items: (1) She asked that a ,.esuluthm en!.iorsing the concept of "teen leisure center • be approved . The• ,olut l on was assigned a number and read by tit 1 e : RESOLUTION NO. 44, SE RIES OF 1990 A RESOLUTION SUPPORTING THE TEEN LEISURE CENTER CONCEPT. COUNCIL MENBER HATHAWAY "ovm. Nil IT WAS SECONDED, TO APPROVE RESOLUTION NO. 44, SERIES OF 1990. COUNCIL MEMBER HABENICHT NOYm, ANO IT WAS SECONDED, TO POSTPONE CONSIDERATION OF RESOLUTION NO. 44 TO PROVIDE NORE TINE TO CONSIDER THE NATTER, Ayes: Council Members Wiggins, Clayton, Habenicht Nays: Council Members Koltay, Hathaway, Bullock, Van Dyke Mot i on defeated. l Eng1IWOOCI City Council Ninutes NIY 1, 1990 • Page 3 Council Member Clayton expressed concern about the need for such a center; he also objected to supporting a specific organization with limited information available. COUNCIL NENIER BULLOCK MOVED, AND IT IIAS SECONDED, TO SUSPEN!l THE RUL[S TO PERMIT &ARY KOZACEIC TO SPEAK TO COUNCIL CONCERNJll6 THIS SUBJECT. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Vin Dyke Nays: None Motion carried. Gary Kozatek, 1260 West Oxford Avenue, disputed Mr. Clayton's comments, rtat- ing that sufficient data had been provided. However, ha went over the specifics of Teen Leisure Center, Inc., a non-profit organization. He stressed the need for a place for youth to congregate outside the established school programs, the Recreation Center, and Cinderella City Hall, citing prob• 1 ems with those places. The various programs were d lscussed extens Ivel y, after which Council Member Bullock called for the vote on passage of Resolu- tion No. 44, series of 1990: Ayes: Council Members Koltay, Hathaway, Bullock Nays: Council Members Wiggins, Van Dyke, Habenicht, Clayton Hot ion failed. Mr. Kozacek requested a reason from each Council Member who voted In opposition. Mayor Van Dyke explained that since the vote had bettn called for before she had an opportunity to question him about some points of concern, she felt un• able to support Resolution No. 44. She encouraged Hr. Kozacek to pursue the 1ssuc at a fut1,rc study session . Council Member Clayton reiterated his previous conments about the lack of in- formation and stated he still questioned the need for a center of this r.1ture. Council H!!mber Habenicht explained she had voted "no" as she was not ready to vote "yes." That was her purpose in attelllf,t1ng to postpone action. She did not feel the Issue had been addressed adequately. Council Member Wiggins stated h, did not feel a need for the Teen Leisure Cen- ter. Therefore, he did not support 1t. It was agreed that Council would schedule time at a future study session for further discussion with Hr. Kozacek. (111) · (2) Council Member Hathaway lnfor111ed the Mayor that at the May 21st Council meeting she would be calling for a definitive vote concerning the status of the Federal Fire Station. 7. Pre-scheduled Visitors There were no Pre-scheduled Visitors. Englewood City Council Minutes Nay 1, 1990 -Page 4 8. Non-scheduled Vt1ttor1 (a) Gary Kozacek, 1260 West Oxford Avenue, speaking on behalf of Veto Binetti, 3712 South Broadway, requested that Council reconsider the paving 0 district assessment for Mr. Blnettl's property at 3700 South Broadway (for paving and concrete In the 000 block of East Kenyon). Mr. Kozacek explained that Mr. Binetti had been informed his assessment would be $1,703.92; however, he feels that the figure should be adjusted because he felt he had suffered considerable loss of business when the left-hand turn Into his business loca- tion was disallowed. Mr . Binetti was advised that a response to his concern would be available at the public hearing on May 21. (b) Robert Fischbach, 4640 South Knox Court, presented several problems concerning fire protection which he did not feel had been adequately addressed by City Council: 1) lack of manpower; 2) only one rescue unit In operation; and 3) the consideration of closing any of the fire stations, especially the Federal Fire Station. After presentation of those concerns, Mr. Fischbach asked specifically: I) that Council consider the wishes and desires of the citizens of the City who have the right to expect adequate fire protect Ion; 2) that Council confer with fire staff personnel in regards to solutions they m1ght have; 3) that Council consider the wishes of the Fire Service Delivery Task Force. Mr. Fischbach concluded stating, "Englewood taxpayers deserve the amount of fire protection that they are paying for.• The matter was further discussed; the question of when a report can be expec - ted from the Fire Service Delivery Task Force was raised . Nr. Fraser advised that a report shoul<J be available early August prior to Council's budget del lberatlons. Council Member Habenicht stated she would oppose any further action concerning this issue until a reco11111endatlon from the Fire Service Delivery Tuk Force was received ; Mr. Fischbach agreed that this seemed sensible. Council Member Bullock informed Council he had recently met with citizens of the Centennial area, and advised Council that he did not feel decisions based on pure statistics is always appropriate . He further connented that the Federal Fire Stat i on represents the City's conwnltment to the Centennial region. It was confirmed that the Fire Service Delivery Task Force was at liberty to meet with or without a facilitator or with a facilitator of their choice, and that when fonned they were charged to address the fire service dal Ivery In "whatever manner it was necessary and appropriate from their perspective with- out any Input or direction from City Council." 0 Englewood City Council Minutes Nay 1, 1990 -Page 5 Council Momber Hathaway explained why she was pushing for a decision, one way or the other , on the Federa l Fire Station, stat i ng that when Council voted on February ZO to keep the station open i t was with the inten t ion of doing so on a two-month basts to be reviewed at the end of April with the two previous mnths. She stressed the Importance of letting the Fire Serv i ce Delivery Task Force complete Its study without Council •muddling up the process.• Also im• portant is to give clear direction to the admin1stration about Council's Intent. Mr. Fischbach brought up again the manpower level, which was further discussed along with other issues previously mentioned by him . In conclusion It was suggested that Hr. Fischbach feel free to attend meetings of the Fire Service Delivery Task Force; he advised Council that his wife ts a member of the Task Force so he t s quite aware of their efforts. He stressed again that fire protection affects all citizens of Eng l ewood, not j ust the Centennial area citizens, that overall fire prote ction needs to be reviewed for the entire city. Mutual aid was mentioned and briefly discussed. (c) 11 -, Waechter, 3127 W. Tufts Avenue, stated he felt there is a genera 1 cons.,;1sus that the Fi re Service De 11Yery Task Force wt 11 be reconaend- tng the closure of the Federal Fire Station. However, he asked what would happen I f the recm,nendation 1s to keep 1t open and he said no one sea111s to have an answer to that question. He asked about how the recently purchased fire truck i s to be manned with current unning levels . He also stated the rescue unit situation could not be solved without additional manpower. He cited two incidents for which It was necessary to uti l ize Sheridan for tran~- port as even pr i vate transport was unavailable. He does not feel th,t Sheridan services equate to services performed by Englewood personnel; al so that the payment of Englewood taxes should provide services performed by En- glewood personnel, not Sheridan. He further co11111ented that he would do "whatever Is necessary • to assure that services to his area are performed by Englewood, the city that receives his tax dollars. 9. eo-un1cat1ons and Proc1 ... t1ons (a) The City Clerk was asked to read a proclamation declaring May l, 1990, as "Englewood law Day.• COUNCIL MDIIER BULLOCK MOVED, ANO IT WAS SECONDED, TO PROCLAIM NAY 1, 11190, AS "ENILEWOOO LAW DAY.• Ayes : Nays: Motion carried. 10 . Conse1;c Agenda Council Members Koltay, Hathaway, Wiggins, Bu l lock, Clayton, Habenicht, Van Dyke None There were no Items to be considered under Consent Agenda. Englewood C1ty Council Minutes May l, 1990 -Page 5 11. Public Hearing No public hearing was scheduled. 12. Ordinances, Resolutions and Motions 01 rector Wanush presented reconmendat 1 ons from the Department of Co11111un I ty Development relating to amendments to the Englewood Municipal Code for the adoption by reference of various UnifoY'II Codes and Standards (Agenda Items 12(a), (b), (c), (d), (e), and (f) as indicated below). Mr. Wanush also reco11111ended that Agenda Item 12(g) be approved as to the administration of the Uni fonn Codes once adopted; he further recommended that the organizat Ion al chart Included 1n Agenda Item 12(g), Council 8111 No. 24, be deleted. Mr. Wanush briefed Council on the various recOfllllended modifications . (a) The City Clerk was asked to read Council 8111 No. 14, ent,tled: COUNCIL BILL NO. 14, INTRODUCED BY COUNCIL MEMBER :1ATHAWAY A BILL FOR AN ORDINANCE REPEALING CHAPTER 2A (BUILDING CODE) OF TITLE 8, EN• GLEWOOD MUNI CIPAL CODE 1985, AND REENACTING A NEW CHAPTER 2A, ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 1988 EDITION, INCLUDING APPENDIX CHAPTER 12 -DIVISION II; CHAPTER 23 -DIVISION I; CHAPTERS 26, 32, 49, 51, 55 AND THE UNIFORM BUILDING CODE STANDARDS, WITH CERTAIN EXCEPTIONS, MODIFICATIONS ANO AMENDMENTS. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE ON FIRST READ- ING COUNCIL BILL NO. 14, SERIES OF 1990. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton , Habenicht, Yan Dyke Nays: None Motion carried. (b) The City Clerk was asked to read Council 8111 No. 15, entitled: COUNCIL BILL NO. 15, INTRODUCED BY COUNCIL MEMBER KOLTAV A BILL FOR AN ORDINANCE REPEALING CHAPTER 2B (MECHANICAL ODE) OF TITLE B, ENGLEWOOD MUNICIPAL CODE 1985, ANO REENACTING A NEW CHAPTER 28 ADOPTING av REFERENCE THE UNIFORM MECHANICAL CODE, 1988 EDITION, INCLUDING APPENDICES A ANO B, WITH CERTAIN EXCEPTIONS . COUNCIL NEIIIER KOLTAY NOVEi>, AND IT WAS SECONDED, TO APPROVE ON FIRST READING COUNCIL BILL NO. 15, SERIES OF 1990. Ayes: Council Members Koltay, Hattlaway, Wlggi'ns, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. (cl The C1ty Clerk was asked to read Council Bill No. 16, entitled: 1 l Engltl!OOd City Council Ninutes Nay 1, 1990 -Page 7 COUNCIL BILL NO. 16, INTRODUCED BY COUNCIL MEMBER WIGGINS A BILL FOR AN ORDINANCE REPEALING CHAPTER 2C (PLllf!BING CODE) OF TITLE 8, EN- GLEWOOD MUNICIPAL CODE 1985, AND REENACTING A NEW CHAPTER 2C ADOPTING BY REFERENCE THE UNIFORM PLUMBING CODE, 1988 EDITION, WITH APPENDICES AND INSTAL- LATION STANDARDS, SUBJECT TO CERTAIN EXCEPTIONS, MOD I FICATIONS AND AMENDMENTS. COUNCIL MEMBER IH&GINS NOYED, AND JT WAS SECOIIIED, TO APPROVE ON FIRST READIN& COUNCIL BILL NO. 16, SERIES OF 1810. Ayes: Council Me~bers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenic~t, Van Dyke Nays: None Motton carried . {d) The City Clerk was asked to read Council Bill No. 17, entitled: COUNCIL BILL NO. 17, INTRODUCEO BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE REPEALING CHAPTER 20 ( ELECTRICAL CODE) OF TITLE II, ENGLEWOOD MUtHCIPAL CODE 1985, AND REENACTING A NEW CHAPTER 20 ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1990 EDITION, INCLUDING APPENDICES AND THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRIC COOE, SUBJECT TO CERTAIN EXCEPTIONS, MODIFICATIONS AND AMENDMENTS. COUNCIL NEMER HABENICKT "°YEO, AND IT WAS SECONDED, TO APPIOYE ON FIRST l£AD- IN6 COUNCIL BILL NO. 17, SERIES OF 1990. Ayes: Council Members Kolhy, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motton carried. (e) The Ci ty Clerk was asked to read Council 8111 No. 18, entitled: COUNCIL BILL NO . 18, INTRODUCED BY COUNCIL MEMBER CLAYTON A BILL FOR AN ORDINANCE REPEALING CHAPTER 2E (FIRE CODE) OF TITLE 8, ENGLEIIOOO MUNICIPAL CODE 1985, AND REENACTING A NEW CHAPTER 2E ADOPHNG BY REFERENCE THt: UNIFORM FIRE CODE, 1988 EDITION INCLUDING APPENDICES 1-t, 11-8, lll·A, 111-8, 111-C, Y-A, VI-A, AND THE UNIFORM FIRE COOE STANDARDS, 1985 EDITION SUBJECT TO CERTAIN EXCEPTIONS, MODIFICATIONS AND AMENDMENTS. COUNCIL NEIIBER CLAYTON NOYEO, AND IT IIAS SECONDED, TO APPROVE ON FIRST READIM COUNCIL BILL NO. 18, SERIES OF 1190, Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Yan Dyke Nays: None Motion carried. (f) The City Clerk was asked to read Council B111 No. 19, entitled: COU~CIL BILL NO. 19, rnTROOUCED BY COUNCIL MEMBER KDLTAY Englewood City Council Minutes May 1, 1990 -Pav• 8 A BILL FOR AN ORDINANCE REPEALING CHAPTER 2F (DANGEROUS BUILDING COOE) OF TI · TLE 8, ENGLEWOOD MUNICIPAL CODE 1985, AND REENACTING A Nal CHAPTER 2F ADOPTING BY REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1988 EDITION, SUBJECT TO CERTAIN EXCEPTIONS, HOIJIFICATIONS AND AHENDHENTS. COIINCJL MEJIBER KOLTAY NOYm, AND IT WAS SECONDED, TO APPROVE ON FIRST READJN6 COUNCIL BILL NO. 19, SERIES OF 1990. Ayes: Council Members Kol tay, Hatt.away, Wl9gl ns, Bullock, Clayton, Habenicht, Yan Dyke Nays: None Motton carried. (g) The City Clerk was a~ked to read Council Bill No. 24, entitled: COUNCIL BILL NO. 24, INTROOUCED BY COUNCIL MEMBER BULLOCK A BILL FOR AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 8, ENGLEWOOO 11\JNICIPAL CODE OF 1985 TO REFLECT SPECIFIC ORGANIZATIONAL CHANGES WITHIN THE DEPARTMENT OF Cotl1UNITY DEVELOPMENT AND WITHIN THE DIVISION OF BUILDING AND SAFETY. COUNCIL MEMBER BULLOCK NOVED, AND IT WAS SECOll>m, TO APPROVE ON FIRST READING COUNCIL BILL NO. 24, SERIES OF 1990. COUNCIL NENBER BULLOCK NOVEO, AND IT WAS SECONDED, TO MEtll SECTION 3 OF COUN- CIL BILL NO. 24 TO READ: SECTION 3. SUBSECTION M, SECTION 5 CHAPTER I TITLE 8, JS HEREBY REPEALED. Vote results on amendment 1110tlo11: Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motton carried. Vote results on motion to approve Council 8111 No. 24 as amended: Ayes: Council Members Koltay, Hathaway, Wiggi ns, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motton carried. Director Wanush called to Council's attention an error existing In the title of Council Bill No. 18, explaining that the "1985 Ed i tion• of the Uniform Fire Coda Standards should correctly read "1988 Edition.• COUNCIL MENIER CLAYTON JtOVED, AND IT WAS SECONDED, TO RECONSIDER COUNCIL BILL NO. 18, SERIES OF 1990. Ayes: Nays: Motton carried. Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None Englewood C1ty Counc:11 Minutes Nay l, 1990 -Page 9 COUNCIL NDIBER CLAYfON MOVED, AND IT WAS SECOtl>ED, TO ANDI> THE TITLE OF Clllll- CIL BILL NO. 18 TO REFLECT THE CORRECT IIOIDlN81 A IILL FOR AN ORDINANCE REPEAUNI CHAPTER 2E (FIRE coot) OF TITLE a, DI- ILEIIOOO IIUNICIPAL CODE 1985, AND REENACTIN& A NEW CHAPTER 2E ADOPTING BY REFEIIENCE THE UNIFORM FIRE CODE, 1988 EDITION, INCLOOJIIG APPDl>ICES 1-C, 11-1, Ill-A, 111-B, 111-C, Y-A, ¥1-A, AND THE UNIFORM FIRE CODE STAN- DARDS, 1988 EDITION SUIJECT TO CERTAIN EXCEPTIONS, NOOIFICATIONS AND ANEIDIENTS. Vote results: Ayes: Nays: Motion carried. Council Members Kolhy, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Yan Dyke None (h) Director Waggoner presented a reconnendatlon from the Department of Public Works to adopt a resolution allowing for a negotiated contract with Bituminous Asphalt Sealing Specialists (BASS), Inc. Hr. Waggoner explained the contract, not to exceed S250,000, would cover the 1990 Slurry Seal Pro- gr111. Adequate funds are budgeted In the Publ le ]11prove111ent Fund, Road & Bridge Account for 1990. Discussion ensued concerning the success of the slurry seal process during the previous three years. The resolution was as- signed a number ind read by title: RESOLUTION NO. 45, SERIES OF 1990 A RESOLUTION ALLOWING FOR A NEGOTIATED CONTRACT FOR THE SLURRY SEAL PROGRAM 1990 INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SECTION ll6(b) OF THE HOME RULE CHARTER ANO THE ENGLEWOOD MUNICIPAL CODE 1985, SECTION 4-1-3, AHO AWARD- ING A NEGOTIATED CONTRACT FOR THIS PROGRAM FOR MAINTENANCE OF THE ENGLEWOOD STREET SYSTEM . COUNCIL MENIER BULLOCK MOVED, ANO IT VAS SECONDED, TO APPROVE RESOLUTION NO. 45, SERIES OF 1g90. Ayes: Nays: Motion carried. Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None 13. Ctty Manager's Report Mr. Fraser did not have any matters to bring before Council. 14. City Attorney's Report (a) Council was Informed that the Interceptor Agreement with South Arapahoe and Southgate will be presented to Council w1thln the next mnth. (b) Mr. DeWitt stated that fomal acceptance by Council of the deed from the Englewood Downtown Development Authority for the parking lot property will be scheduled on the agenda in the near future. 1En91awod ctty Counc11 lltnuus lay 1, 1190 -,.,. 10 15. MIJourr.nt COIIICIL IIEJIIER HATIWIAY IIOVED TO ADJOURN. The meeting adjourned at 9:10 p.■.