HomeMy WebLinkAbout1990-08-20 (Regular) Meeting Minutesl. Ca l1 to Order
ENILEVOOO CITY CCUICIL
DIILEVOOO. ARAPAHO£ COUNTY• COLORADO
Regular S.111on
August 20, lHO
The regular Meting of the Englewood City Council was called to order by Mayor Pro Tn Habenicht at 7:35 p.m .
2. Invocation
Tbe Invocation was given by Council Member Wiggins .
l. Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Pro Tem Habenicht.
4. Roll Call
Present:
Absent:
A quorum was present.
Council Members Hathaway , Koltay, Wiggins, Bullock, Clayton, Habenicht
Council Member Van Dyke
Also present : City Manager Fraser
City Attorney DeWitt
City Clerk Crow
Director Waggoner, Public Works
Chief Accountant Lucas, Financial Services
Director Wanush, Connunity Developant
(a) COUICJL MENIER ICOLTAY NOVED, AND IT WAS SECONDED, TO APPROVE THE
MINUTES OF THE RE&ULAR MEETING OF AUGUST e, ltto.
11,yes: Council Members Koltay, Hathaway, Wiggins, Bullock,
Nays:
Abstain:
Absent: Motion carried.
Habenicht
None
Council Member Clayton
Council Member Yan Dyke
6 . Pre-scheduled Visitors
Englewood Ctty Council Ninutts
August zo. 1190 -Page Z
(a) City Manager Fraser presented Employee of the Month Awards to Jim
Hastlgren, Public Works, and Jim Morr t son, Connunity Development. Other Em -
ployees of the Month, not present, are Helen Aragon, Carl C;arrell and Carl
Pollock. Congratulations were offered.
(b) Police Officers Craig Nelson and Gordon Madonna, and representa-
tives of Englewood Explorer Post 1708 were presented two awards fro~ Law En-
forcement EKplorers Post Adv I sory Association of Colorado (LEEPAAC} by David
Rhodes, Denver Area Council of Soy Sco ut s of Alllerica . Mr . Rhodes conmented
upon the leadership of Officers Nelson and Madonna in the promotion of the
EKplorer system. Explorer members present were: Lt. Gary Schlake, Lt. Rop
Monthathong, Sgt. Chris Terrell, Sgt. Ryan Lyons, Explorer Jeremy Shaver, and
Sgt. Don Ktncade . Congratulattons were offered.
7 . Non-scheduled Visitors
There were no non-scheduled visitors .
8. ec-in1cations and Proclamations
There were no corrmunicat1ons or proclamations to be considered.
9. Consent Agenda
COUNCIL NENIEI HATHAWAY NOVED. AND IT VAS SECOIIIED, TO APPROVE CONSENT AGEIIIA
JTENS I (a) THROUGH (b) AS FOLLOWS:
(a) ORDINANCE NO. 37, SERIES OF 1990 (COUNCIL BILL NO. 38, INTRODUCED
8Y COUNCIL MEMBER HABENICHT), ENTITLED:
AN ORDINANCE AMENDING THE WASTE WATER TRANSMISSION AGREEMENT BETWEEN SOUTH
ARAPAHOE SANITATION DISTRICT, THE SOARD OF COUNTY COMMISSIONERS OF THE C(ll ',7Y
OF ARAPAHOE, THE CITY OF ENGLEVOOO AND WASTE MANAGEMENT OF COLORADO, INC.
(b) ORDINANCE NO. 38, SERIES OF 1990 (COUNCIL BILL NO. 39, INTROOUC 0
BY COUNCIL MEMBER HABENICHT), ENTITLED:
AN ORDINANCE TO APPROVE A JOINT STUDY AGREEMENT BETWEEN THE CITY OF LAKEWOOD,
THE CITY OF ENGLEWOOD, THE TOWN OF MORRISON, THE EVERGREEN METROPOLITAN DIS·
TRI CT, THE INDIAN HILLS WAT.ER DISTRICT, THE GENESEE WATER AND SANITATION DIS-
TRICT, AHO MOUNT CARBON METROPOLITAN DISTRICT.
Ayes:
Nays :
Absent:
Motion carried .
10 . Public Hearing
Council Me..bers Koltay, Hathaway, Wigg i ns, Bullock,
Clayton, Habenicht
None
Council Member Van Dyke
No public hearing was scheduled.
Englewood City Council Minutes
August 20, 1990 -Page 3
11. Drdtnances, Resolutions 1.nd llottons
(a) Director Waggoner, presented a recoll'llll!ndat1on from the Department
of Public Works, to approve the 1990 Concrete Replacellll!nt Project. Hr. Wag-
goner stated the majority of the work in the Project relates to deteriorated
work done by Colorado Seal and Stripe, Inc., during the 1986 paving d1strlct
and that Colorado Seal and Stripe had refused to •ake the necessary repairs.
The low bid was offered by E & J Concrete, Inc ., in the amount of S38,051.16.
In response to questions, Mr. Waggoner confinlN!d the City i s still endeavoring
to collect from Colorado Seal and Stripe, Inc., that a performance bond 1s
required for the contract with E & J Concrete, Inc.; that the occupants will
be advised of the work to be performed by the City, and further that the work
should be completed before the first of October .
COUNCIL MENIER KOLTAY MOVED, AND IT VAS SECOIIJEO, TO AVARD A CONSTRIJCTJ(lfj CON-
TRACT TO E l ,J CONCRETE, JNC., FOR THE CONCRETE REPLACOIOO PllOGIWI 1990 IN
THE AMOUNT OF $38,051.16.
Ayes: Council Members koltay, Hathaway, Wiggins, Bullock,
Clayton, Haben i cht
Nays: None
Absent: Council Member Van Dyke
Motton carried .
(b) Chief Accountant •ucas presented a reco11111endation from the Depart -
ment of Financial Services to approve by mot i on a contract for financ i al audit
services for 1990 -1992. Hs. Lucas stated that 23 bid requests were made with
12 responses received. Of those 12, five were Interviewed based on the
adequacy of staff and work hours assigned as well as reasonableness of cost
and experience. It ts the recomnendation of the Department of Financial Ser-
vices that Van Schooneveld and Company be ¥ppointed City Auditor for 1990-1992
with an option for renewal for 1993 -1994.
COUNCIL MENIER CLAYTON MOVED, AND IT WAS SECONDED, TO APPOINT VAN SCHOONEVELD
AND C(lfjPAN'f AS CITY All>ITORS FOR THE NW THREE YEARS (1990, 1991, AND 1992)
WITH A TWO-YEAR RENEWAL OPTION.
Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock,
Cl ayton, Habenicht
Nays: None
Absent: Council Member Van Dyke
Motion carried .
(c) Director Wanush, Conrnunlty Oeve l opinent, presented a reconnendatlon
frOID the Economic Oeve l opinent Coordinator to approve a Resolution supporting
an Enterprise Zone Applicat i on . Mr . Wanush explained that the designation of
an Enterp:·ise Zone, as authorized by the State legislature, permits certain
tax cred'tt incentives from the State for private enterprises to e,cpand and for
new businesses to locate in economically ,.. ~ressed areas of the State. He
enumerated the incentives: 1) 3i lnves\ .. ..,nt tax credit; 2) $500 job tax
credit or refund; 3) Double job tax credit or refund for agricultural process -
Ing businesses; 4) $200 job tax cred i t for employer health Insurance; 5) ex•
emption from State sales and use tax for manufacturing equipment ; 6) R & D tax
credits; and 6) a variety of local government tax Incentives to bP. used at the
Englewood City Coune11 Ninutes
August 20, 1990 -Page 4
d1scretion of the local goverrnaent. The rec011111end1tion is for the City of
Englewood and the City of Sheridan to submit a joint application for the
designation of each City's Industrial zones as an Enterprise Zone. The bound-
aries include tile 1ndustrtal 11reu essentially froa Broadway west to Federal
Avenue. Mr. llanush racDIIBl!nded approval of the Resolution, stating this would
provide an environment within which our economic development program could be
advanced, offering an ability to provide Incentives from both the State 11nd
local level. Upon questioning, Mr. Wanush explained the staffs of both cities
will be working together In a joint planning effort. The Resolution was as-
signed a nuar and read by title:
RESOLUTION NO. 65, SERIES OF 1990
A RESOLUTION SUPPORTING AN ENTERPRISE ZONE APPLICATION
cotKJL "911ER CLAYTON MOVED, AND IT WAS SECOll>ED, TO APPROVE RESOLUTION NO.
55, ,ERIES OF 1990.
Council Me111ber Clayton favorably c011111ented on this act Ion, stating it is
evidence of the continuation of progress the City is 1113king in the area of
econ011ic development and represents an opportunity for the City to provide
genuine Incentives for relocation and/or expansion In our area . Vote results:
Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht
Nays: None
Absent: Council Member Van Dyke
Motton carried.
(d) COUNCJL NENBER BULLOCK NOYED, AND 1T WAS SECOMIED, TO Sf"' A PUBLIC
HEARIN& DATE OF SEPTENBER 17, 1990, 7:30 P,N., CITY COUNCIL CIWIIH.: ro CON-
SIDER THE lHl PROPOSED OPERATING BUOGET.
Ayes: Council Me11bers Koltay, Hathaway, Wiggins, Oullock,
Clayton, Habenicht
Nays: None
Absent:
Motion carried .
Council Hember Van Dyke
12. General Discus • on
(a) Mayor's Choice
(1) Mayor Pro Tem Habenicht announced the next regular Ctty Coun-
cil meeting will be on Tuesday, Septe11ber 4, 1990, at 7:30 p.m. This change
ts necessitated by the holiday on Septe1,lber 3, 1990.
( 11) Mayor Pro Tem Habenicht stated that Council Member Clayton
has served during the put two years as the C1ty's delegate to Colorado
Mu~tctpal league's Policy Comnittee and she would like to see that designation
continued for another year.
Engl.wood City Council N1nutes
August 20, 1910 -Page 5
NAYOR PRO TEN HABENICHT IIOYm, AND IT IIAS SECONDm, TO DESIGNATE COUNCIL NEN-
IER CLAYTON AS THE CITY'S OELEIIATE TO COLORADO NUNICJPAL LEAGUE'S POLICY
COIIIITTEE.
COUNCIL NENIElt CLAYTON NOYm, AND IT IIAS SECONDm, TO MDII THE NOTION TO IN-
CLUDE 111E DESIGNATION OF COUNCIL NENIIEII HAIENICHT AS THE CITY'S ALTERNATE TO
THE COLORADO IUIJCIPAL LUIUE'S ,OLICY COIIIITTEE.
A)les: tounc11 Nabers Koltay, Hathaway, lliggtns, Bullock,
Clayton, Habtn1cht
Nays: None
Ab :ent: Council ltember Van Dyke
Motion carried to a111nd the original motion. Upon questioning, Council Member
Clayton conflnned ti.lilt ht did not foresee 1ny out-of-state travel expenses in
connection with the PC>Jlcy Co•lttee. Vote results on amended motion:
A)les: Coun c-11 Members Koltay, Hathaway, Wiggins, Bullock,
Clay t n, Habenicht
Nays: None
A~sent: Counci l Melllber Van Dyke
Allltnded motion carried .
( 111) Mayor Pro Tem Habenicht announced that the S11 k Threads, a
vocal 111us1clans group frDII Englewood High School, has won a Celebrity Star
Search talent contest. Also, she announced that Dan Clayton, Council Melnber
Clayton's son, had taken honors nationally In a fencing competition .
(b) Counc i l Member's Choice
(1) Council Member Kolby c011111ented upon the "door hanger• lte111
which h being used by Code Enforcement to c011111unlcate with members of the
coaunlty concerning weed, litter, trash and derelict vehicles. He further
c~ntld that the same process had been Initiated by Council a year and 1
half ago. He asked staff 'c o f1 nd out If copies of the previous notice were
still on file which could be used.
(11) Council Member Hathaway wished to initiate the pr,,cess on the
adoption of the Rules of Ol"der and Procedure for the City Council. The
Resolution was assigned a number and read by title :
RESOLUTION NO. 66, SERIES OF 1990
A RESOLUTION FOR THE ADOPTION OF THE RULES OF OROER AND PROCEDURE FOR THE EN-
GLEWOOD CITY COUNCIL, ENGLEWOOD, COLORADO.
COIIICIL NEMIER HATHAWAY MOVED, AND IT IIAS SECOlllED, TO APPROVE RESOLUTION NO.
11, SERIES OF 1990,
Council Member Hathaway suggested that council members should become f1111lli1r
wl th th Is document as the procedure becomes mandatory after pas sage. Vote
results:
A)les: Council Members l(oltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht
Enalewood City Council Minutes
Auaust 20, 1990 -PaGe a
N1,ys: None
Absent: Council Member Yan Dyke
Motion carried.
Council Member Hathaway comended the Department of Public Works for the time•
ly completion of the painting of cross walks, signs, etc . prior to the opening
of the schools.
( 111) Council Member Wiggins encouraged attendance to the Engle•
wood Downtown Development Authority concerts, corrmenting that the Diners will
be entertaining in the Plaza Thursday .
( Iv) Council Member Clayton shared h1 s recent canoe trip 1x-
perlence In Fort Benton, Montana, when he attempted to locate th ■ Police De-
partment and was Informed that the pol ice depa1 ·~ment does not work weekends or
nights.
In addltior,, with reference to the draft Derelict Vehicles ordina nce, Council
Member Clayton stated that he wl 11 discuss U1e matter further wl th the Cl ty
Manager before he brings the subject up again.
13. City Manager's Report
Mr. Fraser did not have any matters to b. ing ~efore Council .
14. City Attorney's Report
Mr. DeWitt offered several Items for Council's infomation:
(a) He advised Council that the SupreMe Court has declined to hear an
appeal of Arap's Old Gun Shop concerning the decision of the District Court of
Appeals which upheld the suspension levied by the Englewood Liquor L icens1ng
Authority. Mr. DeWitt stated this shou l d end the matter .
(b) With reference to the William Ha1don case, he reminded Council that
the Federal District Court had denied Mr. Haldon relief in this matter, ruling
in favor of the City of Englewood; however, it now appears that Mr. Ha i don has
filed for default judgment In Arapahoe Distri ct Court. Hr. DeW i tt plans to
advise the District Court Judge of the Federal District Court ruling which
should end the matter.
(c) Concerning the Leydon case, Mr. DeWitt informed Council that ef•
forts are still being made to have the case heard based on its merits. He
provided additional background i nformatlon and offered to discuss the matter
further In executive session 1f Council had further quest l cns.
(d) He lnfon11td Council that he would be circulating a drafted BB gun
ordinance for their r.onsideratlon.
{e) He transmitted copies of an article which appeared in The Quincy
Herald-Whig, Quincy, Illinois, on July 31, 1990 , about fire service and warn-
ing system equipment .
l'ntlNIOd Ctty Council Mtnutes Aufust 20, ltto • hge 1
15. Ad,fourraent
COIIICIL MDIIER HATHAWAY IIOYED TO AO.JOURM. The Meting adjourned at 8:30 p.■.