HomeMy WebLinkAbout1990-06-18 (Regular) Meeting MinutesENGLEWOOD CITY COUNCIL
ENGLEVOOD, ARAPAHOE COUNTY, COLORADO
Regular session
June 18, 1990
1 . Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor
Van Dyke at 7:30 p.11.
2. Invocation
The invocation was given by Council Member Wiggins .
3. Pledge of A11eg1anct
The Pledge of Allegiance was led by Mayor Van Dyke.
4 , Roll Call
Present :
Absent:
A quorum was present .
Also present:
s. Minutes
Council Members Hathaway, Koltay, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
None
City Manager Fraser
City Attorney DeWitt
Cit/ Clerk Crow
Director Fonda, Utilities
Director Waggoner, Public Works
(a) Counc i l Member Wiggins requested a correction I n the minutes of the
regular meeting of June 4, 1990: Page 3, Agenda IteM 6Blii, second vote con -
cerning Council Me111ber Habentcht's travel expenses to Colorado Munic1pal
League should reflect a "Nay • vote by Hr. Wiggins, not an "Aye" vote.
COUNCIL MEIIIER HATHAWAY NOVm, ANO IT VAS SECDIIJm, TO APPROVE THE MINUTES OF
THE lEIULAR MEETING OF JUNE 4, 1990, AS CORRECTm.
Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Nays: None
Motion carried.
Englewood Ctty Council Minutes
June 18, 1990 -Page 2
COIIIC1L MDIBER HATHAWAY MOVED, AND IT WAS SECOll>ED, TO APPROVE THE MIIIJTES OF
TME SPECIAL MEET1M6 OF IIAY 31, 1990.
A,yes: Council MHbers Koltay, Hathaway, Wiggtns, Bullock,
Clayton, Habenicht, Van Dyke
Nays: None
Motion carried.
6. aeneral Dtscusston
(a) Mayor's Choice
(I) Hayor Van Dyke asked Council to support a motion for the recy-
cling grant application from the Office of Energy Conservation on integrated
solid waste management. She explained the grant 1s being proposed by the Ci ty
of Englewood for possibly up to $200,000, and that there 1s the likelihood of
a joint participation In the grant with the City of Littleton. Additionally,
letters of support have been received from several surrounding local cities as
well as Denver Regional Council of Governments and Tri -County Health.
COUNCIL MEMBER CLAYTON MOVED, Nil IT WAS SECOflJED, TO SUPPORT ntE RECYCLING
GRAHT APPLICATION TO THE OFFICE OF ENERGY CONSEAVATION.
Mayor Van Dyke stated the application would be filed June 29, 1990; results
will be available August 14, 1990.
Vote results:
Ayes:
Nays:
Hot1on carried.
Council Members Koltay, Hathaway, Wiggins , Bullock,
Clayton, Habenicht, Van Dyke
None
(b) Council Member's Choice
(1) COUNCIL MENIER HATHAWAY MOVED, Nil IT WAS SECONDED, TO HOLD AN
EXECUTIVE SESSION ON JULY 25, 1990, CONCERNING Ill. FRASER'S HOUSING SITUATION.
A.Yes: Council Members Kol tay, Hathaway, Wigg Ins, Bullock,
Clayton, Habenicht, Van Dyke
Nays: None
Motion carried .
(11) Council Member Habenicht announced that a letter of apprecia-
tion has been received from School Superintendent Davidson for the use of the
Recreation Center on Prom Night; additionally, Ms. Habenicht stated that a
sim i lar letter Is being sent to the School Dis t rict thanking them for the use
of school faciltties for City town meetings. She appreciates this spirit of
cooperation.
(111) Council Member Clayton provided an update on the status of
the work at the Union Avenue Dam . He stated that hopefully construction w11l
start tills fall. He felt a considerable safety hazard will be eliminated by
this t1ine next year.
Englewood City Council Minutes
June 18, 1990 -Page 3
7. Pra-schtclultd Visitors
There were no pre -scheduled visitors.
e. Mon-scheduled Y1s1tors
(a) Pollyanna Hayes , Executive Director of the Englewood Downtown
Development Authority and coordinator of the Tu11eries Par!\ Festival, spoke
strongly In favor of Agenda Item 12(e), a bill for an ordinance which would
permit the sale and consumption of alcoholic beverages In the "Plaza" at Lit-
tle Dry Creek. She cited numerous reasons for her support: I) historically,
there has never been problems experienced with alcohol consumption at the Pla-
za during a special event; 2) the sale of beer and wine coolers generates a
great deal of revenue to offset festival expenses; 3) exactly 50% of the prof-
Its from beer and wine cooler sales is given to The Greater Englewood Chamber
of C0111nerce for scholarship funds; 4) beer and/or wine coo l ers are an integral
and expected beverage at most festivals throughout Co l orado; forblddi ng the
sale of these beve , ages may affect attendance In the future; S) as coordina-
tor, Ms. Hayes has always given careful thought to the responsible selling and
serving of alcoholic beverages, and has always met all the criteria set forth
by the Eng l ewood Liquor Licensing Authority; and 6) she Is In full agreement
with the liquor permit process and strongly feels that anyone desiring per111is -
sion to sell alcohol in the Plaza or anywhere else must demonstrate a respon•
sible nature and co11111itment to the safety and well-being of all Plaza visi-
tors. She urged that Council Bill No . 5.7 be approved and that alcoholic
beverages be allowed 1n the Plaza. Ms . Hayes conflr111ed that The Greater En-
glewood Chamber of Comnerce has requested permission to operate the beer booth
at the festival. She also confirmed that training by Coors will be given to
all Individuals involved in the selling and serv i ng of alcoholic beverages.
{b) Orris Saunders, 3139 South Ogden Street, expressed appreciation
that Council 8111 5.7 (Ag!!nda Ite..: 12(e)) has been amended to elim i nate the
Halley Center and the Recreation Center from those areas in which it would be
permitted to consume alcoholic beverages. He Inquired about the necess ity to
change the current statute regarding alcoholic beverages . Council Member
Clayton explained that the City was not technically in compliance with its own
ordinance when permission was granted to the EDDA to sell alcoholic beverages;
further, the Liquor Licensing Authority can Issue a pennlt to someone who has
legal possession of the premises, but Hr. Clayton was doubtful that the City
could legally do that under the present ordinance. Mr . Clayton explained he
would like the City to be In compliance with Its ordinances.
Hr. Saunde rs then Inquired if the disadva ntages of passing this might not out
weigh the advantages. He expressed concern about the Im age we may be project-
Ing to the co11111unlty . He persona l ly ls opposed to public consumption of al-
cohol. The granting of a Special Events Permit Issued by the Liquor Licensing
Authority was explained . Hr . Clayton offered that the proposed ordinance
would prohibit alcohol consumption in any of Englewood's parks; however, 1t
would allow groups similar to the Chamber of Colll!ll!rce to sponsor beer booths
at a co11111unity festival held at the Plaza . Hr. Saunders advised Council that
It was his perception , based on the ~ajorlty of his contacts, that there Is
strong opposition to the consumption of alcohol in public, even with a permit.
Englewood City Council Minutes
June 18, 1990 -Page 4
(c) Dave Ostby, 3595 South Washtngt~n, voiced strong opposition to con-
sumption of alcoholic beverages In the parks . He didn't wish to have his fam-
ily or friends subjected to intoxicated persons either 1n the parks or at com-
munity fairs.
(d) Betty Lou Acker, 3140 South Delaware, stated she was pleased to
learn that Council was not considering allowing alcohol in the parks; she fur-
ther felt it was unnecessary to permit it at community festivals. She was of
the opinion that the people of Englewood did not wish to have any more liquor
outlets In the City and further that a lot of people would not attend the fes-
tival 1f alcoholic beverages were to be served. If people are permitted to
gather and drink in the parks she warned there would be a lot of trouble. She
strongly objected to having alcohol sold or consumed In public places.
(e) Loyd Gross, 75 East Eastman, stated he also opposed alcohol in
public based on many of the reasons stated by Ms. Acker. He felt festivals
should be family oriented and did not care to •put up with drunks.• He also
advised Council of the problems he has encountered with the reopening of the
Gothic Theatre, stating that after every performance he finds beer bottles,
containers, etc. strewn up and down his street. It was clarified for Mr .
Gross that the Gothic does not have a liquor license; Hr. Gross agreed, but he
felt that whenever people are drink i ng, whether they buy it or bring it, they
have a tendency to discard their bottles, etc. in a negligent manner. Council
Member Hathaway suggested that staff investigate this situation as she under-
stands the Gothic management agreed to monitor and clean up the four-block
area around the theatre after each performance . Mr . Gross stated he appreci-
ates Council opening its session with prayer.
(f) Virginia Smith, 3165 South Sherman, stated she is opposed to l i quor
In the parks. She cited incidents at Bates/Logan park, stating that li quor
only make~ things worse. She feels that the parks are for kids. It was
clarified by Counc11 Member Hathaway that there is no intention to allow
liquor In Englewood parks.
(g) llarry HcCrum, 4730 South Washington, stated he works closely with
children, that the parks were built for children, not for adults to have beer
parties. He cited two incidents In which liquor has had an adverse affect .
He stated that *liquor affects the brain," and he did not Wilnt to see the cur-
rent ordinance changed.
(h) Eleanor Dunn, 3430 South Pe nnsylvania , explained that she and her
husband had come before Council two months ago and asked two questions. To
date no response has been received . She again asked if Ordinance No. 21,
Series of 1989 is a legal document; further, she ask~d about the plans for the
unvacated portion of 3400 South Pennsylvania. City Manager Fraser stated that
although ha had not talked personally to Hr s. Dunn, Director Wanush had re-
sponded to some of Hrs. Dunn's concerns . Hrs. Dunn stated that Swedish's
original plans were to make a cul -de-sac, but that now their plans are dif-
ferent. She advised that in January, 1990, the City Building Department sent
a letter to Phipps Construction Company, telling them to have their architects
COlffllence plans for the unvacated portion of the 3400 block. She asked If
Swedish owns the whole block and has the right to do this. She asked about
'"'I
....)
Englewood City tounc11 Minutes
June 18, 1990 -Page 5
their water, utilities and sidewalks. City Attorney DeWitt explained that
regarding the Dunn's water, sidewalks and access to their home, the ordinance
requires that those partlcuhr services are to be provided by the City . He
further advised Mrs . Dunn that Ord i nance No. 21, Serles of 1989, Is a legal
document, a law of the City of Englewood. Mrs. Dunn further lnqutred If the
City 1s going to allow Swedish to take over the whole street, remove th e ir
sidewalks, etc. Mr . DeWitt felt that question should be addressed by the DI-
rector of C011111unlty Develop1111nt. Mayor Van Dyke suggested that a 1111etlng be
~et up with all parties concerned In an effort to resolve the matter; she re-
quested that Council Member Hathaway coordinate the meeting. Swedlsh's
obligation to maintain the street was explained. Council Member Bullock
stated he would like to be Involved In the matter and Included In the meeting
suggested by the Mayor . He requested copies of all correspondence concerning
the natter. Mayor Van Dyke suggested that Hr . Bullock 11lght want ta review
Swedlsh's Planned Oevelop1111nt prior to the meeting.
With reference to the matter discussed by the non-scheduled vi sitors · Agenda
Items 8(1) through (g), tt was suggested to bring forward Agenda Item IZ(e).
COUNCIL MENIER BULLl!f.lC !'l:i~ED, AND IT WAS SECOlllEO, TO BRING FORWARD AIEll>A
ITEN 12(11).
Ayes :
Nays:
Council Members Koltay, Hathaway, Wlggtns, Bullock,
Clayton , Habenicht, Van Dyke
None
Motion carried.
• • • * •
12. (e) The City Clerk was asked t o read Counc i l 8111 Na . 5.7, entitled:
COUNCIL BILL NO. 5.7, INTRODUCED 8~ COUNCIL MEMBER CLAYTON
A BILL FOR AN ORDINANCE AMENDING TITLE 5, Clil\PTER 3C , SECTION 3, SUBSECTION C,
ENGLEWOOD MUNICIPAL CODE 1985, RELATING TO INTOXICATING BEVERAGES.
COCIICIL NENBER CLAYTON NOVm, ANO IT IIAS SECONDED, TO APPROVE ON FIRST ltEADINI
COIIICIL BILL NO. 5.7, SERIES OF 1990.
COUHCIL MEMBER WIGGINS MOVED, AND IT VAS SECONDED, TO AMEND COUNCIL BILL NO.
5.7, PAGE 2, DEFINITION OF ~PARK" TO READ:
PARK ANY AREA USED AS A PARK, PLAYGROUND, BEACH, RECREATION
CENTER, SCHOOL FACILITY OR ANY OTHER AREA IN THE CITY,
OWNED OR USED BY THE CITY AND DEVOTED OR DESIGNATED TO
ACTIVE OR PASSIVE RECREATION, EITHER ON A TEMPORARY OR
PERIIANENT BASIS, BUT SHALL NOT INCLUDE WAT IS COMMON-
LY REFERRED TO AS THE "PLAZA" IN THE EURA DEVELOPNENT,
OR CITY HALL.
Mr. Wiggins explained that In essence this proposed change woul d proh i bi t al-
cohol le beverages in th, parks, the Malley Center, the Recreation Center, and
schools. He 1 nfarmed Council that the Parks and Recreation C011111tsst0n had
Eng11wood Ctty Counc11 "lnutes
Jun■ 18, 1990 -Page 6
expressed strong opposition to a1cohol In the parks; however, the Co11111lsslon
had approved the wording of the suggested amendment.
D!scusslon ensued concerning the successful monitoring of sales and consump-
tion of beer and wtne coolers at last year's festival .
Council Member Habenicht Inquired ff this ordinance would require that there
must be a spec i al permit in order to consume alcohol in the Plaza. She wanted
assurance that this would not allow persons to consume alcoholic beverages In
the Plaza area at any time other than by permit. In response, Mr. DeWitt read
a portion of the operative provision of the proposed ordinance:
"5-3C-3 -UNLAWFUL TO POSSESS OPEN CONTAINER OF INTOXICATING LIQUOR IN
PUBLIC :
A. It shall be unlawful for any person to have In his possession or
under hts control In any public park Intoxicating liquor fn any
container of any kind or description which t s not sealed or on
which the seal Is broken.
Hr. DeWitt further stated that there t s a general prohib i tion In City facili -
ties of al coholic consumption, which generally works well except In the parks
due to their size and lack of patrol.
Hr . Fraser commented that In the Plaza If someone wished to sell alcoholic
beverages they would be required to obtain a te mporary license through the
Liquor Licensing Authority . He explained that in the past there have been
conflicts in the City code which stipul ates that there shall not be any al -
cohol consu•pt l on In such places as the Plaza . The main purpose of the pro-
posed changes is to provide the means for the Ci ty to permit the use of the
Plaza for an event for which a temporary license could be obtained from the
Liquor Licensing Authority and the State. Council Member Habenicht wanted
further clarificat i on to make certain ft was not being suggested that the Pla-
za was ar, area where people could bring and consume their own alcoho11c
beverages . Af 1:er further discuss ion , Council Member Bullock offered a
"friend l y amendment " to Council Member Wiggins original amendment, which was
accepted by Council Members Wiggins and Clayton, making the definition of
"Park " to read :
PARK ANY AREA USED AS A PARK, PLAYGROUND, BEACH, RECREATION
CENTER, SCHOOL FACILITY OR ANY OTHER AREA IN THE CITY,
OWNED OR USED BY THE CITY AND DEVOTED OR DESIGNATED TO
ACTIVE OR PASSIVE RECREATION, EITHER ON A TEMPORARY OR
PEIUIANENT BASIS, BUT SHALL NOT INCLUDE WHAT IS COMON-
LY REFERRED TO AS THE "PWA" IN THE EURA DEVELOPMENT,
OR CITY HALL, WHEN A PERMIT FOR SALE AND CONSUIIPTIOH
OF ALCOHOLIC BEVERAGES HAS BEEN APPROVED BY THE ENILE-wogo LI!~OR LICENSING AUTHORITY. (added text
un erl ine
Before voling on the amendment, Council Member Wigg Ins confi nned that the
Parks and Recreation Co11111ission had approved the word i ng of the definition of
"Park," except for the wording added as the "friendly amendment .•
i
Englewood Ctty COUnc11 Nlnutes
June 18, 1990 • Page 7
Vote results on the amendinent as ~11ended:
Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Nays: None
Motton carried; amendl'lent approved.
Before voting on passage of Council 8111 No. 5.7 as amended, Council M111ber
Bullock explained to the audience that If approved th1s would prohibit alcohol
tn the farks, prohibit alcohol in all public places within the City; 1t would
allow a cohol in City Hall and the Plaza, but only upon approval by the Engle-
wood Liquor Licensing Authority.
Vote results on approval of Council 8111 No. 5.7 as amended (first reading):
Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Nays : None
Motion carried.
9. Co.untcattons and Procl ... ttons
(a) COUNCIL MENIER HATHAWAY IIOVED, AND IT WAS SECONDED, TO ACCEPT WITH
REGREf BETTY KEENA'S llESIIINATION FRON THE EN&LEVODD URBM RENEWAL AUTHORITY.
Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Nays: None
Motton carried.
(b) COUNCIL NEMBER BULLOCK NOVED, AND IT WAS SECOll>ED, TD APPROVE A
PROCLANATION WELCOIIJNQ THE RELEASE OF NELSON MANDELA AND SUPPORTING THE SOUTII
AFRICAN PEOPLE'S DEMAND FOR FULL DENOCRACY.
Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Nays: None
Motton carried.
10. Consent Agenda
(a) ORDINANCE NO. 25, SERIES OF 1990 (COUNCIL BILL NO. 22.1) ENTITLED:
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE WITHIN PAVING
DISTRICT NO. 33, IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING
THE APPORTIONMENT OF THE COST TO EACH LOT OR TRACT OF LAND IN THE DISTRICT;
ASSESSING A SHARE OF THE COST AGAINST EACH LOT OR TRACT OF LAND; AND PRESCRIB-
ING THE HANNER FOR THE COLLECTION AND PAYMENT OF ASSESSMENT.
(b) ORDINANCE NO. 26, SERIES OF 1990 (COUNCIL BILL NO. 28 INTRODUCED BY
COUNCIL MEMBER HATHAWAY), ENTITLED:
Englewood City Council Hlnutes
June 1B. 1990 -Page B
AN ORDINANCE REGULATING SKATEBOARDS, ROLLER SKATES, ROLLER BLADES OR ROLLER
SKIS IN THE CITY OF ENGLEWOOD BY AMENDING TITLE 11, CHAPTER 1 OF THE ENGLEWOOD
MUNICIPAL CODE 1985.
(c) ORDINANCE NO. 27, SERIES OF 1990 (COUNCIL BILL NO. 30 INTRODUCED BY
COUNCIL MEMBER HATHAWAY), ENTITLED:
AN ORDINANCE AMENDING TITLE 11, CHAPTER 1, SECTION 18, ENGLEWOOD MUNICIPAL
COOE 1985 BY DELETING SECTION 12-3 OF ARTICLE XII OF THE MODEL TRAFFIC CODE
AND SECTION 25-Sh OF ARTICLE XXV OF THE HODEL TRAFFIC CODE AND ADDING NEW PRO ·
VISIONS AS TITLE 11, CHAPTER l, SECTION 12 AN D 13 PERTAINING TO DEFINING HAND-
ICAPPED PERSONS, SIGNED HANDICAPPED PARKING SPACES, AND PUNISHMENT OF
VIOLATORS.
(d) ORDINANCE NO. 28, SERIES OF 1990 (COUNCIL BILL NO . 32.1 INTRODUCED
BY COUNCIL MEMBER KOLTAY), ENTITLED:
AN ORDINANCE AMENDING TITLE 9, CHAPTER 3A, SECTIONS 2 AND 4, ENGLEWOOD
MUNICIPAL CODE 198S, DEALING WITH HOUSING REGULATIONS.
COUNCIL HDIIER KOLTAY HOYED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA
!TENS I (a) THROUGH (d).
10
Ayes:
Nays:
Motion carried .
11 . Public Forum
Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton , Habenicht, Van Dyke
None
Mayor Van Dyke announced the Council wll 1 convene ln Public Foru111 to obtain
citizens' input regarding the 1991 operating budget.
(a) John Peterson, 3963 South Cherokee, advised Council he 1s the
Chairman of the Englewood Public Lfbrary Advisory Board. He expressed con-
cerns over the expected cuts to the budget for 1991 conment1ng that the cost
of personnel salary is slowly "squeezing out " appropriations for materials.
He acknowledged the library does not have "excess people lying about feather-
bedding.• Hr. Peterson stated the Library provides service to nearly two-
thirds of Englewood citizens every month. He advised Council that the Library
was automated under the Oynlx System. However, they are unable to take ad•
vantage of this service as the Library uses the old prime computer. Hr.
Peterson also advised Council that the bookmobile will, more than likely, need
to be replaced within the next f i ve years.
Discussion ensued regarding funding.
Council Member Hathaway requested a report of the Dynix System upd ate prior to
the budget review.
Englewood C1ty Council N1nutes
June 18, 1990 -Page 9
City Manager Fraser stated he would be glad to provide that update. Ha point-
ed out that the whole i nfonnation systems program had been set back signifi-
cantly for various reasons . He agreed with Hr. Peterson's opinion with
respect to the percentage of the budget that's dedicated to personnel versus
capital cost.
Mayor Van Dyke ca l led for anyone else In the audience who wished to speak to
City Council on the Issue of the 1991 budget. No one tame forward .
lZ. Ordinances, Resolutions and Notions
(a) Director Fonda presented a reconmendatlon from the Water anrl Sewer
Board to adopt a bill for an ordinance approving the Basin Interceptor Agree-
ment between the City of Englewood, Southgate Sanitation District, Sout h
Arapahoe Sanitation District and the South Englewood Sanltati on District No .
1. Mr. Fonda explained that essentially this agreement sets 1:p the funding to
ensure that the Interceptor sewer which runs from East Arapahoe Road to the
plant i.; funded in such a way that the capital expan s ion wil l occur through
tap fees on the remaining capacity that would be generated and a syste11 for
user fees to generate adequate revenues for the maintenance of the interceptor
sewer . This project Is In cooperation with the di stricts listed. The agree •
ment has been approved by the City Attorney and the attorneys representing the
various districts. This wi l l also provide an opportunity for the City to as-
sume the service for the South Englewood San 'i tation District wh1ch is a part
of the City south of Quincy . It will also open up service capacity to the
fairgrounds. The tl111e frame was discussed. Proper notice wi ll be given to
the affected residents. It was confirmed that the fees will be collected on
•new • taps, not existing taps.
1he City Clerk was asked to read Council Bill No . 31, entitled :
COUNCIL BILL NO . 31, INTRODUCED BY COUNCIL MEMBER WIGGINS
A 81 L FOR AN ORDINANCE APPROVING THE BASIN INTERCEPTOR AGREEf.lENT BETWEEN THE
CITY OF ENGLEWOOD, SOUTHGATE SANITATION DISTRICT, SOUTH ARAPAHOE SANITATION
DISTRICT , AND THE SOUTH ENGLEWOOD SANITATION DISTRICT NO. I .
COUNCIL MEMBER WIGGINS NOVED, AND IT WAS SECONDED, TO APPROVE ON FIRST READING
COUNCIL BILL NO. 31, SERIES OF 1990,
Ayes: Council Members Koltay, Hathaway , Wiggins, Bullock ,
Clayton, Habenicht, Van Dyke
Nays: None
Mot1on carried.
(b) Director Waggoner presented a reconnendatlon from the Public Works
Department to approve a bil 1 for an ordinance approving a supplemental con-
tract with the Colorado Department of Highways for construction of the Broad -
way and Big Ory Creek Bridge widening. Mr. Waggoner explained that the
original contract for the des i gn of this project was approved August, 1988;
the supplemental contract covers the construction phase at a cost of S19,000
(City's share).
Englewood C1ty Council Minutes
June 18, 1990 -Page 10
The City Clerk was asked to read Council Bi ll Nv. 34, entitled:
COUNCIL BI LL NO. 34, INTRODUCED BY COUNCIL MEMBER HATHAWAY
A BILL FOR AN ORDINANCE APPROVING A SUPPLEMENTAL CONTRACT BE TWEEN THE CI TY OF
ENGLEWOOD AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, FOR
WIDENING THE SOUTH BROADWAY BRIDGE OVER Bi~ ORY CREF.K BETWEEN CENTENNIAL
AVENUE ANO RAFFERTY GARDENS.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE ON FIRST READ-
ING COUNCIL BILL NO. 34, SERIES OF 1990.
Ayes: Council Members Koltay, Hathaway , Wi!jgins , Bullock,
Clayton, Habenicht, Van Dyke
Nays: None
Hot1on carried.
(c) City Manager Fraser presented a rec onmendation to adopt a resolu-
tion approving an agreement be t ween the City of Englewood and the Englewood
Firefighters Association (EFFA) in conclusion of the collect i ve bargaining
process; the contract Is for 1991, 1992, and 1993. Hr . Fraser explained that
the major economic Impacts of the contract are limited to wages which will be
based on a median comparison with other communities. Hr. Fraser rec011111ended
support for the agreement. Mayo r Van Dyke expressed p 1 ea sure with regard to
the speedy completion of the negotiation process with EFFA. Council Member
Hathaway st ated she Is pleased to see the change in the provision with regard
to personal leave guarantee, as she feels this will alleviate staffing
problems.
The resolu t ion was assigned a number and read by title:
RESO LUTION NO. 52, SERIES OF 1990
A RESOLUTI ON APPR OVING THE 1991-92 ·93 COLLECTIVE BARGAINING CONTRACT BY AND
BETWEEN THE CITY OF ~NGLEWOOD, COLORADO, AND THE ENGLEWOOD FIRE FIGHTERS AS·
SOCIATION , EFFECTIVE JANUARY l, 1991 THROUGH DECEMBER 31, 1993.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO.
52, SERIES OF 1990.
Council Member Habenicht asked about the financial impact of the wages being
tied to t he median when the CI ty i s faced with tight budget years and de•
creased revenues. Additionally, she Inquired about the possible necessity of
cutb ack in personnel.
City Manager Fraser explained that 1n order to maintain the quality of em -
ployees that the citizens require, th e City needs to ma i ntain a pay system
that Is competitive; setting the pay based on the median already established
for the next year by other conrnunit i es places our pay right In the middle. He
strongly recOfllllended a philosophy that encourages and ma i ntains a system which
1s viewed by the employees as being at least equitable. He concurred wi t h Hs.
Habenicht that as the cost of service continues to rise, Council will be faced
with the conflict of how much it can afford.
0
Engltwood City Council Nlnutes
June lB, 1110 -Page 11
Council Member Clayton c011pllmented Hr. Fraser and his staff for the amenable
and speedy conclusion of the negotiations with EFFA .
Council Me11ber Hathaway noted that the median pay 1s based on cities In our
general vicinity and that generally those cities are faced with similar
economic situations as Englewood Is. She did not feel the median rate is
going to be anything Englewood cannot handle for the next three years.
Council Member Habenicht concurred explaining the point she was trying to
bring out w:i.s that i ncreaslng personnel costs wll 1 have Its effect when the
City is In a cut -back mode.
Vote results:
Ayes:
Nays:
Hotton carried.
Council Metabers Kolhy, Hathaway, i11gglns, Bullock,
Clayton, Habenicht, Yan Dyke
None
(d) Director Fonda presented a reco11111endation from the Util fties De-
partment to approve the purchase of a new television sewer l in11 Inspection
system from Cues, Inc., at a cost of $82,195 to include truck, computer, and
color video camera. Mr. Fonda explained the funds are budgeted and available.
The system would save considerable money and has the potential for finding
l eaks 1n the system which will result in recovering the costs of purchase.
The unit could also be rented by other agencies when available. Discussion
ensued concerning personnel and hours of operation. Mr. Fonda compli111ented
INftlbers of his staff for preparation of the spec i fications which alleviated
the cost for an engineer. The possibility of assisting home owners with
damaged sewer lines was mentioned . This is not possible at the current time
as it would require a smaller camera: however, this ts something to consider
1n the future. Hr. Fonda confinned the equipment was being purch1sed by the
City, not as part of the Bi-City Wastewater Treat•ent. Hr. Fonda further ax ~
plained that the system would be used first In those areas which are suspected
of leakage, eventua:ly the whole water system will be Inspected . He offered
that the system will be very useful In finding obstructions.
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECOIIIED, TO APPROVE THE PURCHASE
OF A TV SEVER LINE INSPECTION SYSTEM IIAHUFACTURED BY CUES, )NC., IN -~E AIIOUNT
OF $82,115,
Ayes: Council Members Koltay, Hathaway , Wiggins, Bullock,
Clayton, Habenicht, Yan Dyke
Nays: None
Motion carried.
{e) This item was moved forward earlier in the meeting . See pages 5,
6, and 7 for action on Agenda Item 12(e),
(f) A bill for an ordinance submitting to a vote of the qualified elec-
tors of the City at the next scheduled regular municipal election a proposed
amendment to the City Charter relat i ng to age and residency requirements of
11embers of the City Council was considered.
Engla111>od City Council Nlnutas
June 18, 1990 -Paga 12
COUNCIL NEJIIBER HABENICHT NOVED, ANO IT WAS SECONOED, TO POSTPONE ACTION ON
A&ENOA ITEJII ll(f) UNTIL THE JULY 2, 1990, COUNCIL MEETING.
Ayes: Council He11bers Hathaway, Wiggins, Bullock, Clayton,
Habenicht, Van Dyke
Nays: Council Member Koltay
Motion carried. Mayor Van Dyke explained that certain members of Council feel
that changes should be made to refine the council bill prior to consideration.
(g) A resolution encouraging the development and use of environmentally
safe alternative technologies and products to replace the use o oton e-
deplet1ng compounds wa s considered. Council Member Bullock expla ned tbe
resolution was aimed to coincide with and in support of the Montreal P'rotocol.
He further explained that the resnlution is in the form of i nformational as-
sistance , educational, and consulting and cooperation venture with other
governmen ts. He feels it shows Englewood's intent of being environntentally
conscious.
The resolution was assigned a number and read by title:
RESOLUTION NO. 53, SERIES OF 1990
A RESOLUTION ENCOURAGING THE DEVELOPMENT AND USE OF ENVIRONMENTALLY SAFE AL-
TERNATIVE TECHNOLOGIES ANO PRODUCTS TO REPLACE THE USE OF OZONE-DEPLETING COM-
POUNDS AS WELL AS ENCOURAGING RESPONSIBLE ACTION ON THE PART OF ENGLEWOOD
CITIZENS.
COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECONOED, TO APPROVE RESOLUTION NO.
53, SEllIES OF 1990.
It was conftnned that passage of Resolution No. 53 would aid with the Recy-
cling Grant Application previously discussed. (Agenda Item 6ai, Page 2)
Council Member Clayton pointed out that, while i n support of the idea, there
1s considerable doubt that the release of chlorofluorocarbons affects the
ozone layer. He stated there is a diversity of opinion regarding this sub -
ject. He urged that Council be skeptical of some of the claims of how to bet-
ter save the earth .
Mayor Van Dyke expressed appreciation to Council Member Bullock for h1s spon-
sorship of Resolution No. 53 and for his efforts in comp111ng it .
Council Member Habenicht comrtented that the people she has talked to in the
sc1entific co11111unity have indicated that the posslb1lity does exist and the
statements set forth in the Resolution have considerable merit.
Council Member Hathaway stated she would support the Resolution; she explained
her original apposition to this as an ordinance, requiring enforcement, was
beca~se she feels "policing• may not be necessary as certain things are occur-
ring which indicate the Englewood conrnunlty is already quite environmentally
aware.
Vote results:
EntlftOOd Ctty Council N1nutH
June 18, 1990 -Page 13
Ayes:
Nays:
Motion carried.
Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
None
13. City N1n199r'1 Report
(1) In response to Council Member Clayton's cocmnents regarding the
speedy conclusion of the EFFA negotiations, Mr. Fraser co.ended the employees
from the Fire Division of Safety Services for coming to the negotiating table
with an attitude which 11ade 1t easy to ruch a solution acceptable to both
sides. He complimented those employees for their efforts .
14. Ctty Attorney's Report
(a) Mr. DeWitt requested that Council review the Procedures Manual for
possible changes . After discussion, it was decided this would be included on
the July 2, 1990 agenda .
(bl Mr. DeWitt asked that Council review Council Bill No. 29.l regard-
Ing res 1 dency requirements for Counc11 Members as proposed by Counc 11 Member
Habenicht.
(c) The proposal by the Nuisance Task Force was discussed. Mr . DeWitt
provided a su•ary of the changes and requested that Council review and advise
ht ■ how the changes should be made. He assured Council that the substance is
Identical to the recoanendatlons made by the Planning Corrnlssion. Mr. DeWitt
strongly suggested that the changes be made 1 n the appropriate l ocat I on
throughout the Code , but not as a separate tit 1 e to the Code . Approprl ate
format was discussed .
15. Adjourn■ent
COUNCIL MEMBER KOLTAY MOVED TO ADJOURN. The meeting adjourned at g:26 p.m.
~.#Lr City er