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HomeMy WebLinkAbout1990-11-05 (Regular) Meeting MinutesI . Call to Order ENGLEl/000 CITY COUNCIL EN&LEWOOO, ARAPAHOE COUNTY, COLORADO Regular Session Nov•ber &, 1990 The regular 11eetlng of the Englewood City Council was called to order by Mayor Van Dyke at 7:35 p.m. 2. Invocation The invocation was given by Council Member Wiggins . 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Van Dyke. 4. Roll Call Present: Absent: A quoruN was present. Council Members Hathaway, Koltay, Wiggins, Bul l ock , Clayton, Habenicht, Van Dyke None Also present : City Manager Fraser City Attorney DeWitt City Clerk Crow 5 . Nlnutes Director Barthlome, Administrative Services Division Chief Moore, Safety Services Director Wanush, COITlllunity Development Director Fonda, Utilities (a) COUNCIL NENBER HATHAWAY MOVED, ANO IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR NEETING OF OCTOBER 15, 19110. Council Member Habenich t requested one addition, i.e., Agenda Item 12(b)(v), page JO is to reflect that 1 copy of Ms. Habenicht's complete statement 1s on file in the City Clerk's office. Ayes: Nays : Motion carried. Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None 6. Pre-scheduled Visitors Englewood City Council "inutes Nov111ber 5, 1990 -Page 2 There were no pre-scheduled visitors. 7. Non-scheduled Visitors (a) Pat Martinez, 4600 South Inca Street, reminded Council of the 1,158 signatures she had previously submitted Indicating support to keep a big book- mobile in service. (b) Ruth Teter, 3903 South Logan Street, presented Information concern- Ing problems In her neighborhood with high school students parking on the street instead of in the parking lot prov•ded by the school and with trash being deposited along the i r street and in their yard. She suggested the City restrict the parking along Mansfield and Logan to "permit parking only.• She co11111ented that the students have abused their privileges by depositing trash in the neighborhood and by not parking In the designated lot, stating a closed ca~pus is long overdue. Mayor Van Dyke complimented Hrs. Teter on her presen- tation, and suggested this information should also be presented to the School Board as these problems need to be addressed by the School admin i stration as well as the City. Council Member Koltay co11111ented the School/City Committee is concerned about these problems, and he wi ll continue to pursue a solution. (c) Klmbrelle HcKissick , 3894 South Grant Street, concurred in the com- ments made by Hrs . Teter . She requested that Council consider extending "per- mit parking only" to include Grant Street. (d) Lois Lighthall, 2945 South Logan Street, suggested that the school might consider "selling" parking permits to the students as a possible solu- tion to the parking problems . In addition, Ms . Lighthall expressed a deep concern about the manner in which Kells Waggoner , after 27 years of service, had been let go . Ms. Lighthall felt t here is a personal vendetta being ex- hibited, and that 1t 1s time for Council to take back their authority and responsibility for setting policy. Council "ember Koltay respor,ded to Ms . Lighthall explaining that at the budget retreat he had proposed a budget cut of $167,000 and as part of the budget cut he had targeted certain pos1t1ons. However, after the matter was discussed with the other council members, it was agreed that the specific positions to be cut should be a decision of the City Manager, not Council. Hr. Waggoner's ret 1 rement e ligi bil i ty was discussed. Hr . Fra•er confirmed that Hr. Waggoner is elig i bl e for retirement benefits in . two dif .. irent plans. He offered to discuss this matter, or any other matter, with Hs . Lighthall. Ms . Lighthall also commented about the number of execu- t i ve sessions being held by Council . 8. Comuntcations and Proclamations (a) A resolution concerning reappointments of youth members to the Parks and Recreation Co111111ssion was considered. The resolution was assigned a number and read by title : RESOLUTION NO. 85, SERIES OF 1990 A RESOLUTION REAPPOINTING JENNIFER DOUNAY AND MARY WHITE AS YOUTH MEMBERS OF THE PARKS AND RECREATION COMMISSION . Englewood City Council Minutes Nov1111ber 5, 19110 -Page 3 COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 85, SERIES OF 1990. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Yan Dyke Nays: None Motion carried . The reappointments will expire June l, 1991. Mayor Van Dyke presented a Certificate of Appointment and a logo lapel pin to Ms. Wllite. Councl1 Member Habenicht explained that Ms. Dounay was not able to be present due to a previous conmitment . 9 . Consent Agenda COUNCIL MEMBER WIGGINS NOVEO, AND IT VAS SECONDED , TO APPROVE CONSENT AGEJIIA ITEM 9 (a) AS FOLLOWS: (a) ORDINANCE NO . 46, SERIES OF 1990 (COUNCIL Bill NO. 48, INTRODUCED BY COUNCIL HEMBER WIGGINS), ENTITLED: AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE ENGLEWOOD DEPARTMENT OF SAFETY SERVICES, AND THE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAY SAFETY, STATE OF COLORADO FOR LAW ENFORCEMENT ASSISTANCE FUND. Ayes : Nays : Motion carried. 10. Public Hearing Council Members ~oltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None No public hearing was scheduled. 11. Ordinances, Resolutions and Motions (a) Director Barthlome presented a recommendation from the Department of Administrative Services to approve a one-year agreement with Hile High Of- fice Supply Company to provide "desk-top del i very" of office supplies to the City's various departments . Ms. Barthlome enumerated the savings to be real - ized by thts stockless inventory sys t em . She ad v,sed that appropriate control of departmenta l inventories has been discussed with the departments , and Ms . Barthlome does not foresee th i s as a problem. COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE THE AGREEMENT WITH MILE HIGH OFFICE SUPPLY COMPANY TO PROVIDE "DESK-TOP DELIVERY" OF OFFICE SUPPLIES FOR THE PERIOD NOVEMBER 1, 1990 TO OCTOBER 31, 1991. Ayes : Council Members Koltay, Hathaway , Wiggins, Bullock, Clayton, Habenicht , Van Dyke Nays : None Mot i on carried. (b) Division Chief Moore presented a reco11111endation from the Departinent of Safety Services to adopt a bill for an ordinance amending the Englewood Munic i pal Code in an effort to provide regulations for the us~ and possess i on EngllWOOd City Counct1 Minutes Nov•b•r !, 1990 -Page 4 of atr guns, bb guns, and pellet guns. This matter was presented at an ear- lier Council 111eetlng but tabled for redrafting to provide neutral gender ver - bage . The City Clerk was asked to read Council Bill No. SI, entitled: COUNCIL BILL NO . 51, INTRODUCED BY COUNCIL MEMBER CLAYTON A BILL FOR AN ORDINANCE REGULATING THE USE AND POSSESSION OF AIR GUNS, BB GUNS, AND PELLET CUMS AMENDING TITLE 7, CHAPTER 6, ARTICLE C AND ADDING A NEW SUBSECTION 7-6C-3 A. 6. COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECONOED, TO APPROVE ON FIRST READIN& COUNCIL BILL NO. 51, SERIES OF 1990 . Discussion ensued concerning restrictions being placed on a i r guns versus those placed on firearms. Council Member Wiggins stated he does not feel this additional legislation i s necessary. Division Chief Moore explain~d that pas - sage of this ordinance would alleviate some of the problems encou llt ,!!red by the police. Vote results: Ayes : Nays : Motion carried. Council Members Koltay, Hathaway, Ou ll ock, Clayton, Habenicht , Van Dyke Council Member Wiggins (c) Di rector Wanush presented a recommendation from the Department of Community Development to adopt a bill for an ordinance establishing a Keep America Beautiful Cornnission. Mr. Wanush explained the function of the Com- mission, which would consist if 15 members to be appointed by Council. The creation and consequent funding of the Co1m1isslon was discussed. The City Clerk was asked to read Council Bil l No. 52, ent i tled: COUNCIL Bill NO. 52, INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE AMENDING THE ENGLEWOOD MUNICIPAL CODE 1985 BY ADDING A NEW CHAPTER 8 TO TITLE 2, ENTITLED KEEP AMERICA BEAUT IFUL COMMISSION. COUNCIL MEMBER HATHAWAY "OVED, ANO IT WAS SECONDED, TO APPROVE ON FIRST READ- ING COUNCIL BILL NO. 52, SERIES OF 1990. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. Enthusiasm was voiced about the direct i on In which the City Is moving in this regard . (d) City Manager Fraser presented a bil 1 for an ordinance author i zing certain expenditures as outlined in the 1991 Englewood City Budget deta il ing those steps which have led to this po in t. He stated this document represents a critical t ur n in the direction of the Ci ty In its efforts to provide higher levels of Improved services through the City without ask i ng the taxpayers to pay higher taxes. I _, Englewood City Counc11 Minutes NovHber 5, 1990 -Page 5 He mentioned the three Issues wh i ch l>ave bern debated through the budget pro- cess -the bookmobile , domestic vio1enc.?, and fire services. He e,cplatned that the budget betng presented Includes funding for the bookmob il e program in the an;ount of $125,000; based on Council di rection, no funds have been in- cluded for the domestic vi olence program; and as uetermined at the budget workshop, $353,000 has been i nc luded for fire services to provide 21 fire- fighters per shift to man four fire stations and staff two paramedic units. Hr . Fraser continued by advising Council that the on-going expenditures e,cceed the on-going revenues In the 1991 budget by approximately $340,000, and that an appropriation from the Fund Balance has been in cluded to make up this dif- ference. Though it Is within Council's discretion to balance the budget in this manner, Mr . Fraser strongly encouraged Council to consider amending the budget to balance expenditures with revenues. The Ci ty Clerk was asked to read Council Bill No. 58, ent i tled: COUNCI L BILL NO . 58 , INTRODUCED BY COUNCIL MEMBER CLAYTON A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORA - DO, FOR THE FISCAL YEAR 1991. COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE ON FIRST READIN6 COUNCIL BILL NO. 58, SERIES OF 1990. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL BILL NO. 58 WITH RESPECT TO LIBRARY SERVICES TO REQUIRE THAT THE CITY LEASE-PURCHASE A FULL-SIZE BOOKHOBILE AND 1l COMPUTER TERMINALS FOR USE IN SCHOOLS LOCATED IIITHIM THE CITY OF ENGLEWOOD PREVIOUSLY REFERRED TO AS STAFF RECOMHENOATJON NUMBER THREE FOR 19qt, DATED OCTOBER 15, 1990, Afte r considerable discussion about the manner in which this amendment would affect Cou n~il 8111 No. 58 and whether or not the 0 1 Ion should be left open to renovate t he existing bookmobile, the motion '·o amend was offered as fol lows: COUNCIL "EMBER HABENICHT "OVED, AND IT IIAS SECONDED, TO AMEND COUNCIL BILL NO. 58 BY ADDING SECTION ID TO INCLUDE THE FOLLOWING INFORMATION: SECTION 10. THE CITY SHALL ACQUIRE A NEW FULL-SIZED BOOKIIOBILE AND ELEVEN (11) COMPUTER TERMINALS FOR USE IN SCHOOLS LOCATED WITHIN THE CITY OF ENGLEWOOD, PREVIOUSLY REFERRED TO AS STAFF RECOMMENDATION NUt!BER THREE FOR 1991, DATED OCTOBER 15, 1990. Vote results on the motion to amend: Ayes : Council Members K l tay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. Council Membe r Habenicht expressed apprec ·iation t o Council on behalf of the Library Advisory Board and other concerned Englewood citizens. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONOf.0, TO AMEND COUNCIL BILL NO. SB 111TH RESPECT ro DOMESTIC VIOLENCE TO REQUIRE THE CITY TO RETAIN ITS CURRENT Englewood City council Nlnutes Novemoer 5, 1990 -Page 6 DONESTJC VIOLENCE PROGRAN, INCREASING THE BUDGET OF MUNICIPAL COURT BY $27,971 WITH THE FUNDS CotllNG FRON THE FlNl BALANCE. COUNCIL MENBER BULLOCK MOVED, AND IT WAS SECONDED, TO TABLE THE NOTION. Ayes : Council Members Koltay, Wiggins, Clayton, Bullock Nays : Council Members Hathaway, Habenicht , Van Dyke The mot i on to table the amendment to Counc i l Bill No. 58 was approved. COUNCIL NENBER CLAYTOH MOVED, AND IT WAS SECONDED, TO AMEND THE SAFETY SERVICE/FIRE DIVISION OF THE BUDGET, DELETING $353,000 FOR INCREASED STAFFINB OF THE FIRE DIVISION BEYOND ITS NECESSARY LEVEL. Council Member Habenicht strongly urged Council to n,it vote in favor of this amendment. She stressed that the Fire Service Delivery Committee had spent many hours studying the matter and had made its rec,,lll!la ndations to continue fire service staffing at 21, and to keep the Federal F1re Station open until an intergovernmental agree ment combining our services with Sheridan has been provided . She referred to a letter Council received from Gary Dounay, Oounay & Associates, which contains pertinent deta ils of the importance of maintain· ing the manning levels at 21 as recommended by the Fire Service Delivery Com- mittee. Council Member Habenicht continued by stating she feels this manning level can be adequately funded without raising taxes or seeking other revenues for the i nterim period until agreement is reached with Englewood's neighboring communities . She reiterated the fund Balances for the past several years, and she urged that Council "go with the recommendations of the Fire Service Deliv- ery Committee and fund it out of the Fund Balance.• Council Member Koltay concurred with Ms. Habenicht.'s assessment of the Fire Service Delivery Committee's recommendations, but he asked Council not to lose sight of the fact that they were "recommendations• which may or may not be accepted. He stated presently Englewood is offering and delivering •great fire suppression and service in general." He further stated that in his opinion, with or without the add i tional manning levels, Council will continue to assess fire serv i ce as a primary function to be provided by the City. He commented that better than 60% of the respondents to the City survey had indi- cated satisfaction with the fire service being del i vered . He concurred with Mr . Clayton that these funds should be deleted from the budget. Council Member Bullock pointed out that the budget as it stands is not apart from the Fire Service Del i very Committee recommendation, in that there was an alternative suggested for manning levels of 18 with a new station to be lo- cated in the vicinity of Bellev i ew and Windermere . He added that the need for a new station at that location would be offset by the completion of agreements w1th Sheridan and Littleton to provide first response to the southwest areas of the City. In connection with Mr. Bullock's comments, City Manager Fraser offered that the budget as presented does not include funds for a new fire station as sug• gested by the Fire Service Delivery Committee, but staff has pursued the com- mittee's recommendation to enhance agreements with Littleton and Sheridan for increased automatic aid for both rescue and fire service to that area. Fur- ther, that the budget as presented ls consistent with Alternative B which was Englewood C1ty Council ~1nutes Nov111ber 5, 1990 -Pa;t 7 to pursue thret• stations and to seek improved agreements with Littleton ind Sheridan. Council Member Hathaway pointed out that the issue is not whether the Federal Fire Station is funded, the issue is to fund fire service. The closing of a specific fire station does not necessarily impact the level of services which can be provided by the City as evidenced 1 n the past by the closure of the station at Quincy/Pearl and the station at Belleview/Ehli. She stated she would support deleting the $353,000 from the budget based on her bel i ef that the City can continue to provide fire service as outlined 1n the criteria of the Fire Service Delivery Committee. Council Member Clayton, in defense of his motion, stated that the bottom line of the issue Is what kind of service the City can provide in the most afford- able fash i on. He strongly suggested that Council follow the recommendations of the City's fire service professionals who have, for many decades, stated that the Federal Fire Station is "unnecessary and wasteful." He stated Coun- c il has the obligation to provide adequate safety services to the citizens in a prudent and economical fashion. Council Member Habenicht responded to comments made by various councilpersons: I) to Mr. Koltay concerning the results of the City survey with regard to fire services, she commented that the results indicate how the community feels about the services being provided at this time, not how the cit i zens would feel with the changes necessary i f these funds are deleted from the budget; 2) to Hr . Bullock's comments about the recommendation of the Ftre Service Deliv- ery Committee, she agreed that there was an Alternative 8, which was the second alternative, with an 18 manning level that also included building a new fire station, she agreed that the Fire Service Delivery Committee recommenda- tion also spoke about response time and automatic/mutual aid agreements. However, she stated those items were not alternatives to the two major recom- mendations. She opined the Fire Service Delivery Committee wants the agree- ments in addition to either Alternative A or Alternative B, which ls the im- portant point to consider. She pointed out that a manning level of 18 equates to a real manning level of 14, and that in order to have 17 or 18 people on service, a manning level of 21 ts required . She informed Council that she had endeavored to seek additional input from fire sources outside City staff, and as a result of that input she Is convinced a minimum of 17 (based on a manning l evel of 21) is necessary. There being no further discussion, Mayor Van Dyke called for the vote on Hr. Clayton's motion to amend the budget deleting $353,000 from Safety Services/ Fire D1v1sion . Vote results: Ayes : Counc il Members Koltay, Hathaway, Bullock, Clayton, Van Dyke Nays : Council Members Wiggins, Habenicht Motton to amend Council Bill No. 58 was approved . There being no further amendments presented, Mayor Van Dyke ca 11 ed for the vote on the motion to approve Council Bill No. 58, as amended. Prior to the vote being taken, City Manager Fraser identified the following dollar amount changes as a result of the various amendments: Englewood City Council N1nutes MOVHber s, 1990 -Page 8 Section 2, page 2, under Expenditures: Safety Services changed to S8, 957,324; General Government changed to $88,099; Total Expenditures changed to $20,745,459; Fund Balance, December 31 changed to $3,127,353. Vote results : Ayes: Nays: 11otton carried . Council 11embers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None (e) Ci ty Manager Fraser presented a bill for an ordinance authorizing funds to City departments as outlined in the 1991 budget as amended and ap - proved by City Council. Hr. Fraser expla i ned this ordinance represents actual allocation of the budgP.t funds to the city departments. He identified various changes necessary for consistency with amendments approved by Council in its adoption of the 1991 budget evidenced by Council 8111 No . 58. Section l, page 1, General Fund: Safety Services changed to $8,957,324; General Government changed to $88,099; Total General Fund changed to $20,745,459. Section I, page 2, Total of all funds changed to $65 024 ,097. The City Clerk was asked to read Council Bill No. 59, entitled: COUNCIL BILL NO . 59, INTRODUCED BY COUNCIL HE11BER CLAYTON A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCA L YEAR BEGINNING JANUARY I, 1991, AND ENDING DECEMBER 31, 1991, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1991. COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE ON FJRST READINI COUNCIL BILL NO. 59, SERIES OF 1990, WITH THE CHANGES NOTED BY CITY MANAaER !'RASER. A question was raised by Council Member Bullock concerning payment of external attorneys. It was explained that presently those funds remain within depa r t mental allocations . Cuunc 2 I Member Habenicht inquired if there was a way to incorporate funds for domes 1c violence Into the appropr i ations ordinance without it being in the ~udget ordinance, or possible t o authortie the app;,opriatlon from the Fund BA i ance. 11r. Fraser and Hr . DeWitt concurred this would not be possible. Vote results on Council Bill No . 59: Ayes: Council l1e11bers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None 11otion carried. 0 ' ..... Englewood City Council Minutes Nov•ber 5, 1990 -Page 9 ( f) City Manager Fraser presented a bi 11 for an ordinance fixing the tax levy in mills upon each dollar of the assessed valuation of all taxable property within the City of Englewood and establishing a mill levy for the Englewood Downtown Development Author I ty. Hr. Fraser stated that the mll l levy being proposed would sustain the 1991 budget as approved. The City Clerk was asked to read Council Bill No. 50, entitled: COUNCIL BILL NO. 50, INTRODUC ED BY COUNCIL MEMBER HATHAWAV A Bill FOR AN ORDINANCE FIXING THE TAX LEVY IN HILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF All TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, ANO ESTABLISHING A HILL LEVY FOR THE ENGLEWOOD, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE ON FJRST READ- ING COl.lflCIL Bill NO. 50, SERIES OF 1990. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. Council Member Hathaway commented that the mill levy does not represent an increase for 1991, additionally that the mill levy for the Engle- wood Downtown Development Authority actually represents a decrease. *. * * * COUNCIL BILL 50 .l -A BILL FOR AN ORDINANCE FIXING THE TAX LEVV IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF All TAXAB LE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY AND FOR LIBRARY SERVICES AND FIRE DELIVERY SERVICES. Council Member Koltay offered to table Council Bill No. 50,l, In light of the overwhelming ritizen response he rece i ved during the past week that indicates there is a large number of citizens who would like the opportunity to vote on the 1ssue of raising thn mill levy tn provide additional library and fire del very servi~es. COUNCIL MEMBER BULLOCK NOVED, ANO IT WAS SECONDED, TO TABLE COUNCIL BILL 50.1. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock , Clayton, Habenicht, Yan Dyke Nays: None Motion i:arried. COUNCIL BILL so.2 -A BILL FOR AN ORDINANCE ASSESSING AN ADDITIONAL TAX LEVY OF ONE AND ONE-HALF MILLS FOR LIBRARY SERVICES. Council Member Koltay offered to table Council Bill No. 50.2, citing the same rationale as stated regarding Council Bill No . 50 .1. Englewood C1ty Council M1nutas Nov•b•r 5, 1990 -Page 10 COUNCIL MEMBER HATHAWAY MOVED, ANO IT WAS SECONDED, TO TABLE COUNCIL BILL NO. 50.2. Ayes: Nays: Motion carried. Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None . .. *. COUNCIL BILL NO. 50.J -A BILL FOR AN ORDINANCE ASSESSING AN ADDITIONAL TAX LEVY OF ONE AND ONE-HALF HILLS FOR FIRE SERVICES DELIVERY. Council Member Koltay request i ng the tabling of Council B111 No. 50.3. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO TABLE COUNCIL BllL NO, 50.3. Ayes: Nays: Hot I on carried . Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None • * • * • COUNCIL BILL NO. 50.4 · A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO ANO ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY. Mayor Van Dyke stated that in light of Council 's approv ,1 of Council 8111 No. SO, it would be appropr i ate to tab l e Council Bill No. 50 .4. COUNCIL MEMBER HABENICHT ltOVW, MIO IT IIAS SECONDEI' TO TABLE CCUNCIL BILL NO, 50.4. Ayes: Nays: Motion carried . Council Members Koltay, Hat .,aw11y, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None • • * * * (g) Council Member Koltay presented a bill for an ord i nance repealing Ordinance No. 61, Series of 1987, passage of which would reduce the City's sales tax rate by 1/2 cent on t he dollar . The City Clerk was asked to read Council Bill No. 5. entitled : COUNCI L BILL NO. 53, INTRODUCED BY COUNCIL MEMBER KOLTAY A BILL FOR AN ORDINANCE REPEALING ORDINANCE NO . 61, SERIES OF 1987, AND CONSE- QUENTLY REDUCING SALES TAX RATE BY 1/2 CENT ON THE DOLLAR. COUNCIL MEMBER KOLTAY MOVED, ANO IT WAS SECONDED, TO APPROVE ON FIRST READING COUNCIL BILL NO. 53, SERIES OF 1990. 1 I Englewood City council "lnutes Nov111ber 5, 1990 -Page 11 Council Member Koltay noted it Is Counc i l 's intention to rev i ew the 1/2 cent sales tax Increase every six months . He stated, even with the increase 1n place, the URA Districts are not producing adequate revenue to meet the bond payments. Mr . Koltay explained the original Intention of the 1/2 cent sales tax increase was to "cure a deficit." He felt that as the City of Englewood Is projecting revenues in excess of last year, and has a reserve of $3 mil- lion , the 1/2 cent tax Increase should be resc i nded . Ccunc11 Member Hathaway questioned the Impact on the 1991 Budget If the 1/2 cent sales tax were repealed as of January I , 1991 . City Manager Fraser responded It wou ld be an estimated Sl .9 million i n reduced revenue, approximately 10% of the General Fund . Mayor Van Dyke quest i oned the f i scal impact over the next few years If the 1/2 cent tax were ~emoved . Ci ty Manager Fraser s tated t here would be substantial reductions In the opera- tions of the City, also some poss i ble i~plicatlons with respect to the Urban Renewal Author i ty (URA). He noted there Is no evidence to support the change In buying patterns as a consequence of the 1/2 cent change In sales tax . He adv i sed Council that to repeal the 1/2 cent sales tax Increase would mean that all General Fund op erations would have to be revised by Monday, November 19, 1990. Mayor Van Dyke questioned what port i on of the budget i s represented by proper- ty tax mill levy. City Manager Fraser advised that the property tax represents about $1.37 mil - lion of the current assessment of 5.4 mills that goes to General Fund opera - tions. He estimated property tax mills would have to be i ncreased by another 7 mills to equal the 1/2 cent sales tax . Council Member Cl ayton stated he would like to eliminate the 1/2 cent sales tax, but feels It Is inextricably bound into the URA situation, and wi t h the downturn In the economy the City must conti nue to work hard on Its economic development act ·i v1t i es. He stressed the importance of cont l nul ng the efforts to upgrade housing . Mr . Clayton was of the opinion It ls the excess revenue that has made i t pos s ible for Council to appropriate one-half million dollars for housing. If the 1/2 cent sales tax is retained, he hopes those funds will continue to be allocated to special projects that will even t ually work towards making Eng l ewood a viabl e retail and industrial center, and In turn make En- glewood a better place to live . He stated he was uncomfortable spending the money for operations; how ever, a substantial po rt ion has been used to bui l d up the reserve fund . Vote results : Ayes : Nays: Mot i on defeated . Council Member Koltay Council Members Hathaway , Wiggins, Bullock, Clayton, Habenicht , Van Dyke Englewood City Counc11 Minutes Nova1ber 5, 1990 -Page 12 (h) Council Member Koltay offered a bill for an ordinance amending sec- tions of the Englewood Municipal Code relating to emergency medical transport fees which would allow for collection of emergency medical transport fees from residents of the City. The City Cl erk was asked to read Counc 11 8111 No. 55, n entitled: COUNCIL BILL NO. 55, INTRODUCED BY COUNCIL MEMBER KOLTAY A BILL FOR AN ORDINANCE AMENDING TITLE I, CflAPTER 6F, SUBSECTION 11, EMERGENCY MEDICAL TRANSPORT FEES TO INCLUDE RESIDENTS OF THE CITY OF ENGLEWOOD. COUNCIL MEMBER KOLTAY MOVED, AND IT WAS SECONDED, TO APPROVE ON FIRST READlN6 COUNCIL BILL NO. 55, SERIES OF 1990. Council Member Clayton stated the City of Englewood has rescue capacity far In excess of what is actually used and this is a benefit which can be provided to our citizens with no increase 1n equipment or manpo1-:er . He could not justify taxing the citizens for rescue ser\'l ce and then charging a transport fee. He stated the only way he would support this fee would be 1f the Fire Division Budget could actually be reduced. COUNCIL MEMBER BULLOCK MOVED TO AMEND COUNCIL BILL NO . 55, ADDING SUBSECTION F, UfllER l-6F -ll, TO READ: CITIZENS OF ENGLEWOOD, WITHOUT INSURANCE, SHALL NOT BE FOUND IN VIOLATION OF THIS ORDINANCE IF THEY ARE UNABLE OTHERWISE iO PAY THE FEE. The motion died for a lack of a second . Council Member Habenicht agreed with Council Member Clayton's conclusion. Counci l Member Koltay reiterated that the City continues to prov ide a service which i s of great benefit to the c i tizens, and he ts unable to find comparable cities that provide this service at no cost. He cited abuse of the transport service and stated, in his opinion, it is a fee that should be recovered by the City. Hr. Koltay noted a second rescue i s being added, with the expecta- tion of larger call loads and more transports to handle it. He feels the fee for this additional service should be "burdened" by the people using it . Council Member Hathaway explained, as the original sponsor of the bill creat- ing fee~ for non-residents, her rationale wa that residents ended up sub- sidizing .. .,n-residents. She feels the transport service can be provided to residents within the current budget. The original portion of the non-resident fee was to keep that second rescue operational and help offset the costs. Council Member Habenicht stated she wanted to offer a rebuttal to Council Mem- ber Koltay's statement. She recently watched a public television program ex- amin i ng transport fees. The program indicated It was debated across the coun- try and it was "up for grabs" as to whether a community charged a fee. Charg- ing a fee was usually based on the proximity to a hosp i tal within their com- munity . Ms. Habenicht concluded, that although this might not be the norm here, it seems to be 'very much a norm in the nation". En9lewood City Council Minutes Nov•ber 5, 1990 -Page 13 Council Member Bullock stated he could see how his amendment probably circum- vented the original Intent of t.he bill. However, he has a problem with not being able to recover money frnm Insurance companies , where It 1s possible. Ha agrees 1t Is a service provided to citizens which is paid for with their taxes. He noted Englewood has the largest geriatric population in the Denver metro conrnunlty, so Englewood ls unique and the service is very much 1n line with our type of conrnunlty . He noted he would like to table the council bill 1n order to re-write It to address both concerns. He stated he would have to vote against it without the insurance provision added. COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECOIIIED, TO TABLE COUNCIL Bill NO. 55. Ayes : Council Members Wiggins, Bullock Nays: Council Members Kolhy, Hathaway, Clayton, Habenicht, Van Dyke Motion to table failed, Council Member Wiggins pointed out that one of the reconnendations of the Fire Services Delivery Conrnlttee Is that the ci t lze~~ be billed for this service. Vote results on the original motion to approve Council 8111 No. 55: Ayes: Council Members Ko l tay, Wiggins Nays: Council Members Hathaway, Bullock , Clayton , Habenicht, Va n Dyke Motion fa i led and Council Bil l No . 55 was not approved . (i) City Attorney DeWitt nr ~t cnted a recommendat i on to adopt a bil l for an ordinance approv i ng a suppl em~nt t u a t r ust 'ndenture relating to the out - standing Floating Rate Demand Industrial Develop ment Revenue Bonds relative to Swedish HOB I, Ltd . Mr. DeWitt assured Counc i l the City has no financial bur- den as a result of this action ; further th i s act i on does not affect the City 's abil ity t~ issue f uture bonds. Th e Ci ty Clerk was asked to read Council Bi ll No . 54, entitled: COUNC IL BILL NO . 54, INTRODUCED BY COUNCIL MEMBER CLAYTON A BILL FOR AN ORDINANCE APPROVING A SUPPLEMENT TO A TRUST INDENTURE RELATING TO THE OUTSTANDING FLOA TING RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1985 (SW EDISH HOB!, LTD. PROJEC T). COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECr.HDED, TO APPROVE ON FIRST READIN6 COUNCIL Bill NO. 54, SERIES OF 1990. Ayes : Coun c il Members Koltay, Hathaway , Wiggins, Bullock, Clayton, Habe ni cht, vci ii !lyke Nays: None Motion carried. (j) Director Fonda presented a reconrnendation from the Department of Utilities to approve the purchase of a Geographical Information System (GIS). Hr. Fonda ment i oned tha t several Ci ty departments will be able to utilize the system through tie-in capabilities. He expla i ned the various w1ys in which the system would prove advantageous to the City . A conrnittee of departmental EngllWCIOd C1ty Council M1nutes NoVNlblr 5, 1990 • Page 14 representat 1ves was involved in reviewing the proposals of several vendors, two vendors were invited to demonstrate their systems, and It ts the reco-n- dat1on of the co11111ittee that the system be purchased from Herrick and Company . Funds totaling S246,232 are available in the Pif , the Water Fund, and the Sewer Fund. CDl!N C!L tlEMIER BULLOCK NOYED, AND IT WAS SECOIIIED, TO APPROVE THE MERRICK AIIII CO,Hl~,jy PROPOSAL FOR ACQUJSJTlON -AND IMPLEMENTATION OF A &E06RAPHJC INFORM· TIOfl SYSTEM (&IS) IN THE AMOUNT OF $246,232. Ayes: Council Hernbers Koltay, Hathaway, Wiggins, Bullock, Clayton , Habenicht, Yan Dyke Nays : None Motton carr i ed. (k) Di rector Fonda presented a recommendation from the Bi-City Super- visory Co11111lttee to amend the Wastewater Utility Ordinance relative t o ltmtta- ttons on discharge. The proposed amendment s are in accordance with industrial pretreatment requiremen ts set forth by the Env ironmental Protection Agency (EPA). Mr . Fonda explained that current restric ti ons are more str i ngent than needed to co mply with EPA; t he mo re stri ngent restrictions are not needed to protect t he plant or the sludge product . The proposed 1 i mitations on dis- charge have been submitted to EPA , and no objection has been raised to these changes . Mr . Fonda and Mr . DeWitt assured Council the se changes would have no adverse affect on previously cited offenders . The City Clerk. was asked to read Coun cil Bill No. 56, entitled: COUNCIL BILL NO. 56 , IN TRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE AMENDING TITLE 12 -2-7 AMENDING THE LIMITATIONS OF DIS - CHARGE IN ACCORDANCE TO EPA REQUIREMENTS FOR INDUSTRIAL PRETREATMENT. Ayes : Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenic ht, Van Dyke Nays : None Motion carr i ed. 12. General Discussion (a) Mayor 's Choice Mayor Van Dyke di d not have any matters to br i ng before Counc i l. (b) Council Member 's Choice (1) Council Member Koltay stated he had personally at t empted to contact several residents of the 3900 bl ock of South Logan Street and had received pos i tive co l!l11 ents i n general for Inst i tuting a parking permit situa- tion. He advised Council he intended to survey res i dents of the 3800 block of Grant for the same purpose, as he looks at this as an on -going problem in and around the hi gh school. He would also like to see the area along E•st Mans- field re-signed to "Permit Parking Only.• Mr . Koltay indicated he would be discussing the poss i bility of issuing permit s to the students with the School/ City Co11111ittee . Englewood City Council Minutes Nov•b•r 5, 1990 -Page 15 COUNCIL NENBER KOLTAY NOYEO, AIIJ IT VAS SECOIIIEO, TO DIRECT STAFF TO RE-SIGN AS "PERMIT PARKIN& ONLY" THE 3900 ILOCK OF SOUTH LOGAN STREET. City Manager Fraser suggested an appropriate approach may be to "ring the high school" with permit only parking, requiring permits on any streets within a reasonab l e walking distance of the school. He noted that staff's reluctance in the past to be Involved with enforcement of concerns around the school has been the only stumbling block to this solution; however, with changes that have recent ly occurred, staff would probably be agreeable to this Idea. Council Member Hathaway added sh11 r•!p r esents the other permit parking area in the 3100 and 3200 blocks of Acoma . The residents I n that area are hap py with the situation as It has been vigorously enforced. Ms. Hathaway questioned why staff, prior to this time, has not enforced the permit only parking area by the high school. C tty Manager FrHer clarified he had not been referri ng to enforceme,·,t In t he permit area , he was talking about expanding the permit area . Council Member Wiggins felt the concerns are the same for residents living next to parks. He stated he lives next to a park and has the same problems with tr~ff1c and trash, but has lear ned to live with It. Mr. Wiggins ex- pressed concern that the res trictions are getting "out of hand." Council Member Habenicht sympathized with the parking and trash problems. She stated she would suoport permit only park i ng in the 3900 block of Logan, however, she had a real concern about having any sort of parking permit where there's not a frontage to a residence, and that would be the ca se on Mans- field . She would like to see the School/City Committee address the permit only parking issue In t erms of the special events at the high school, i.e ., graduation, competitions . Counc il Member Clayton addressed Council Member Wiggins' concerns, statln t he difference between schools and parks is the high school has adequate par I ng, whereas the parks do not . In most cases the high school has parking sr-,r u far In excess of what they need . He agreed there are special events at i e high school that make the situation difficult . Hr. Clayton feels the high school has not made an effort to encourage people attending special events to use the appropriate parking lot. He stressed the importance of work i ng close- ly with the school district to solve this problem . Mr. Koltay reiterated his position, stating there Is a need for permit only parking . Vote results: Ayes: Nays: Mot I on carried . Council Membe r s Koltay, Hathaway, Bullock, Clayton, Habenicht, Van Dyke Council Member Wiggins Englewood City Council Minutes Nov..tltr 5, 1990 -Page 16 COUNCIL MENIER KOLTAY MOVED, AND IT WAS SECONDED, TO DIRECT STAFF TO RE-518N MISFIELD AVENUE VEST OF LOGAN STREET TO BROADWAY TO INDICATE "NO PARKIN& DURING THE DAY," After further discussion, Hr . Koltay withdrew the motion concerning signing of Mansfield until additional information Is provided. (11) Council Member Habenicht offered three items: 1. She encouraged the School/City Committee representatives, Mr . Koltay and Mr . Wiggins, to attempt to find ways to address special events at the high school, especially during the evenings, in order to acco11111odate the surrounding neighborhood as well as visitors to the school. 2. She shared a letter from Adel 1ne Czarny in whlctl Ms. Czarny expressed gratitude to Council for the recently approved resolution. 3. She lnfonned Council she had been Invited to seek nomination to the Na- tional Women In Municipal Government th ;-ough National League of Cities. She Inquired about Council supporting her In this endeavor. After dis- cussion, Ms. Habenicht was requested to provide more details about the commitment should Ms . Habenicht be elected to office . (111) Counc11 Member Clayton inquired about possible 11tlgatlon regarding a gentleman disputing his sewer bill. He asked City Attorney DeWitt to consider negotiating a, there Is such a small amount of money involved. City Attorney DeWI tt noted the Water and Sewer Board offered a co,nprom1se which is vary favorable to the gentleman. Mr . DeWitt explained that In the 1930's and 1g4o's people were obligated to come into the municipal system. However, many times they would pay for the tap, but not actually connect to the system. This person was required by law to connect, which he did not do. He Is now seeking return of funds that should have been pa1d all along. Hr. DeW i tt noted It would be a policy decision 1f Council wished to address the Issue. He was unable to predict possible costs of defending the case In Dis• tr1ct Court. He stated it Is a "principle case." 13. City Manager's Report Mr . Fraser did not have any matters to bring before Council. 14. City Attorney's Report Mr. DeWitt d1d not have any matters to bring before Council. 15. Adjour11Mnt COUNCIL NEtl8ER KOLTAY MOVED TO ADJOURN, The meeting adjourned at 10:01 p.m . ~:/✓<Lur ty er.