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HomeMy WebLinkAbout1989-02-06 (Regular) Meeting MinutesI I Ca 11 to Order EN&LEl/000 CITY COUNCIL EHGLEIIOOD, ARAPAHOE Coutm', COLORADO Regular Session February 6, 1989 The regular meeting of t he Englewood City Council was called to order by Mayor Pro Tem Clayton at 7:33 p.m. 2. Invocation The invocation was given by Council Member Koltay . 3. Pledge of Allegiance The Pledge of Alleg ia nce was l ed by Mayor Pro Tem Clayto n. 4 . Roll Call Present : Absent: A quorum was presen t . Council Members Hathaway, Koltay , Kozacek, Haben i cht, Clayton Counc i l Members Byrne , Van Dyke A 1 so present : City Manager Fraser City Attorney DeWitt City Clerk Crow 5 . Ninutes Act i ng Director Freeman, Finance Denn i s Stowe/Gail Hill , Wastewater Trea t ment Director Kuhn , Parks and Recreation (a) COUHCJL MEMBER KOZACEJC NOYEJ>, COUNCIL NEHBER KOLTAY SECOIIIED, TD APPROVE THE MINUTES OF THE REGULAR MEETING OF JAHUARY 16, 1989. Ayes: Council Members Koltay, Hathaway, Kozacek, Habenicht , Mot i on Nays: Abstain: Absent : carried. Clayton None None Council Hembers Byrne , Van Dyke 6. Pre-scheduled Visitors There were no pre -scheduled visitors Englewood City Council llinutes F11b:-•,ary 6, 1989 -Page 2 7 . Non-scheduled Visitors There were no non-scheduled visitors . 8. Commun1cat1ons and Proclamations (a) COUNCIL "EIIBER KOZACEK IIOVED, COUNCIL IIEIIBER HABENICHT SECONDED, TO DECLARE THE WEEK OF FEBRUARY 12 • 18, 1989, AS CHILD PASSENGER SAFETY AWARE- NESS WEEK. Ayes: Nays: Abstain: Absent: Council Members Koltay, Hathaway, Kozacek, Habenicht, Clayton None None Council Members Byrne, Van Dyke Motion carried. (b) COUNCIL MD!BER KOZACEK flOYED, COUNCIL IID!BER HABENICHT SECONDED, TO DECLARE THE IIONTH OF FEBRUARY AS AIIERICAN HISTORY MONTH. Ayes: Council Members Koltay, Hathaway, Kozacek, Habenicht, Clayton Nays: None Abshin: None Absent: Council Members Byrne , Van Dyke Motion carried. 9 . Consent Agenda COUNCIL HEHBER KOZACEK IIOVED, COUN1.;JL IIEHBER HABENICHT SECONDED, TO ACCEr-'T CONSENT AGENDA ITEMS 9 (a) THROUGH (g): (a) (b) (c) (d) (e) (f) (g) Minutes of the Engl ew ood Downtown Development Authority meetings of December 14, 1988, J anuary 11 and January 18 , 1989. Minutes of the Englewood Housing Authority meetings of October 26 and November 9, 1988. Minutes of the Englewood Liquor Licensing Authority meeting of January 18, 1989. Minutes of the Englewood Nonemergency Pension Board meeting of De- cember 14, 1988 . Minutes of the Englewood Parks and Recreation Convnission meetings of December 8, 1988, and January 12, 1989. Minutes of the Englewood Plann i ng and Zoning Conwnission meet in g of January 10, 1989 . Minutes of the Englewood Public Library Advisory Board meeting of January 10, 1989 . Ayes: Nays: Abstain: Absent: Council Members Koltay, Hathaway, KoLacek, Habenicht, Clayton None None Council Hembers Byrne, Van Dyke Motion carried. I I I I Englewood C1ty Counc11 Ntnutts February 6, 1989 -Page 3 JO. Public Hearing No publ i c hearing was scheduled . 11. Ordinances, Resolutions and Motions (a) Acting Director Freeman presented a reco11111endation from the Finance Department to adopt a Bill for an Ordinance approving the Colorado Inter- governmental Risk Sharing Agency/Workers' Compensation (CIRSA/WC) Inter- governmental Agreement and to approve a Resolution amending the 1989 budget. Ms. Freeman provided i nfonnat ion concerning discounts and fees, losses and claim histories. It was explained that CIRSA/WC would provide a better cost control containment program, and will be looking at claims quicker and better to avoid recurring cla ims. Specific training sessions will be Integrated into the program . COUNCIL BILL NO. 7, INTRODUCED BY COUNCIL HEHBER KOZACEK WAS READ BY TITLE; A Bl LL FOR AN ORDINANCE APPROVING THE CONTRACT ENTITLED "BYLAWS ANO INTER - GOVERNHENTAL AGREEMENT, COLORADO INTERGOIIE~ENTAL RISK SHARING AGENCY FOR WORKERS' COMPENSATION" BETWEEN CIRSA/WC ANO THE CITY Of ENGLEWOOD. COUNCIL NEHBER KOZACEK HOVED, COUNCIL MEMBER HABENICHT SECONDED, PASSAGE OF COUNCIL BILL NO. 7, SERIES OF 1989. Ayes : Council Members Koltay, Hathaway, Kozacek, Habenicht, Clayton Nays : None Abstain: None Absent : Counci l Members Byrne, Van Dyke Motion carried . The Resolution amending the 1989 Budget to provide for the additional fees was assigned a number and read by title: RESOLUTION NO. 9, SERIES OF 1989 A RESOLUTION AMENDING THE 1989 BUDGET. COUNCIL "E"BER KDZACEK "OYEO, COUNCIL "E"8ER KOLTAY SECONDED, TO APPROVE RESOLUTION NO. 9, SERIES OF 1989. Ayes: Council Members Koltay, Hathaway, Kozacek, Habenicht, Clayton Nays: None Abstain: None Absent: Counc i l Members Byrne, Van Dyke Motion carried. (b) A recommendation from the Bi-City Wastewater Treatment Plant Super- visory Co11nlttee to approve a Bill for an Ordinance authorizing the City Man- ager to sign a joint funding agreement for and on behalf of the City of Engle- wood and the United States Department of Interior Geological Survey (USGS). Englewood City Counc11 Nlnutes February 6, 1989 -Page 4 Dennis Stowe, Manager, Wastewater Treatment Plant, explained the agreement provided funding for two stations which are maintained by USGS. COUNCIL BILL NO. 5, INTRODUCED BY COUNCIL MEMBER KOZACEK, WAS READ BY TITLE : A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT WITH GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT Of INTERIOR , FOR JOINT FUNDING FOR WATER RESOURCES INVES- TIGATIONS FOR STREAM-GAGING STATION AND WATER QUALITY MONITOR ON SOUTH PLATTE RIVER AT ENGLEWOOD. COUNCIL NENBER KOZACEK MOVED, COUNCIL MENBER HABENICHT SECONDED, PASSAGE OF COUNCIL BILL NO. 5, SERIES OF 1989. lyes: Council Members Koltay, Hathaway, Kozacek, Habenicht, Clayton Nays: None Abstain: None Absent: Council Members Byrne, Yan Dyke Motion carried. ( c) A reco111111endat Ion from the Bi-City Staff and Supervisory C011111ittee to approve by motion the purchase of an Automated Chemistry System from Lachat Instruments was considered. COUNCIL MEIIBER KOZACEK MOVED, COUNCIL MEMBER HABENICHT SECONDED, TO APPROVE THE PURCHASE l)f Aft AUTOMATED CHEMISTRY SYSTEM FROM LACHAT INSTRUMENTS FOR $27,821. Council Member Kozacek explained the purchase of this equipment was an effort to upgrade our p 1 ant equipment to continue to meet EPA standards . The bid process was di scussed. It was confirmed that this equipme nt is considered "specialized equipment " which limits those able to bid upon it ; also, it is necessary that the equipment meet EPA approval which limits the bidding pro - cess further . It was explained that the equipment will increase the accuracy and precision of required testing. Mr. Stowe assured Council that after re- view of the various bids, the bid from Lachat Instruments best meets the re• quirements of the plant and the equipment ~&s EPA approval . He further com- mented that the State bid lists had been r e~ i ewed and this equipment was not ava i lab le In the State of Colorado . Vote results: Ayes: Nays: Abstain: Absent: Motion carried . Council Members Koltay, Hathaway, Kozacek, Habenicht, Clayton None None Council Members Byrne, Van Dyke (d) A reco11111endation from the Bi -City Staff and Supervisory Co11111ittee to approve by motion the purchase of an Atomic Absorption Spectrometer from Perkin-Elmer was considered. I I I I Englewood C1ty Council Minutes February S, 1989 • Pav• 5 COUNCIL MENSER KOZACEK MOVED, COUNCIL MENIER HABENICHT SECONDED, TO APPROVE THE PURCHASE OF AN ATOMIC ABSORPTION SPECTROMETER FRON PERKIN-ELMER FOR $44,767.40. Mr. Stowe and Hs. Hill , Chief Lab Analyst, responded to questions concern i ng tne bid process, confirming that the current equipment is over nine years old and is no longer repairable . Hs. Hill explained that the alternate Item, AS- 70 Furnace .O.utosampler, which had been Included in the one bid was not re - quired equipment. This equipment will lesson the need to contract for some tests, but not 311 . Hs. Hill confirmed that Perkin -Elmer equipment is ~ons1s- tently rated high by other similar laboratories. Funds for the purch ase of this equipment are available In the Bi -City Joint Venture Fund. Vote r esult s: Ayes : Nays : Abstain: Absent: Motion carried. Counc i l Members Koltay, Hathaway , Kozacek , Habenicht, Clayton None None Council Members Byrne, Van Dyke (e) A recommendat Ion from the Parks and Recreat Ion Depart,nent to ap - prove by motion th~ purchase of an Eagle Cybex Variable Resistance Weight Sys - tem for the Engiewood Recreation Center was cons i dered . COUNCIL MEMBER KOZACEK MOVED, COUNCIL MENSER CLAYTON SECONDED, TO APPROVE THE PURCHASE OF THE EA6LE CYIEX VARIABLE RESISTANCE WEIGHT SYSTEM FOR THE RECRE- ATION CENTER IN THE AJIOUNT OF $27,460. Director Kuhn r esponded to questions an<l stated that the Recreation staff had evaluated various weight systems and had concluded that the Eagle Cybex Vari - able Resistance We i ght Syste m best meets the needs of the Center's limited space and for its abili t y to give a total body workout . Th i s system received hi gh marks and good reconwnendations from other cent.ers using the equipment. Hr . Kuhn also commented that t he equipment was hi ghly recommended by the medi• cal industry , and he thought i t would be a bi g drawing card for the Recreation Center and would help on market i ng the weight program . He explained that the equipment will be installed in one -half of t he stretching room as there was no spa ce ava i lable in the weight room. He confirmed that this equipment t s to- tally different from the present equ i p111ent and would add variety to the pro - gram. He did not feel there would be a negat i ve impact upon the current pro• gram nor make the current equ i pment obsolete. Data was not available con• cerning the poss i ble increased number of people who will use the new equipment nor the expected revenues as a result of the new equipment. Council Member Clayton stated hi s oppos i t i on to the the purch ase based on the lack of documentat i on available at the present time. It was confirmed by Council Mem- ber Kozacek that purchase of the equipment had been discussed by the Parks and Recreation Conmission as one alternative to the problems with the physical size of the current weight room . Hr. Kozacek felt this was an opportunity to enhance the current equipment . It wu also pointed out that the funds had been approved at the c,,uncil 's budget retreat. Hr. Kuhn offered to prov i de Council with additional information. He stated that the weight program 1s Englewood City Council Minutes February 6, 1989 -Page 5 utilized extensiYely and that surveys which have been conducted i ndicate that there is a need for more variety in equipment. Council Member Kozacek called for the question. Vote results: Ayes: Nays: Abstain : Absent: Motion carried . Council Members Koltay, Hathaway, Kozacek, Haben1 cht Council Member Clayton None Council Members Byrne, Van Dyke 12 . City Manager's Report Mr. Fraser did not have any mat te rs to bring before Counc i l. 13. C1ty Attorney's Report (a) Mr . DeWitt provided Council with copies of the Court's decision conc ~rning Arap's etal vs . Englewood Liquor Licensing Authority. (b) An offered settlement with Hoffschneider Concrete Construction, Inc. in the amount of $2,400 was reco11111ended by Mr. DeWitt . COUNCIL MEJIIBER KOLTAY MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO ACCEPT THE SETTLEMENT OF $2,400 FROM HOFFSCHNEIDER CONCRETE CONSTRUCTION, INC. Mr. DeW i tt conf i rmed that this settlement did not preclude the City from pur- suing fur t her col l ect i on from ~he bond company in this .matter . Vote results: Ayes: Nays : Abstain: Absent: Motion carried. Council Members Koltay, Hathaway, Kozacek, Habenicht, Clayton None None Counc i l Members Byrne, Van Dyke (l') Mr. DeWitt provided Council with infomation received from Colorado Municiµ~i League {CML) regarding variou s legislative issues . Mr. DeWitt was of the opinion that these were public policy issues which should be reviewed by Counci 1. 14 . General Discussion (a) Mayor's Choice {i) Nayor Pro Tern Clayton, on behalf of Mayor Van Dyke who was absent due to illness, presented a Resolution relative to global wanning and the greenhouse effect . The Resolution was assigned a number and read by title : RESOLUTION NO . 10, SERIES OF 1989 I I I I Englewood City Council Ntnutes February 6, 1989 • Page 7 A RESOLUTION TO COMMIT RESOURCES TO ALLEVIATE THE PROBLEMS OF GLOBAL WARMING AND THE GREENHOUSE EFFECT . Di scussion ensued relat i ve to "co11111itment of resources;" Council was assured by Mr . DeWitt that this ten11inology carried no monetary oblig~tion or act. Vote re s ults: Ayes : Nays : Abstain : Absent: Motion carried . Council Members Ko l tay, Hathaway, Kozacek, Habenicht, Clayton None None Council Members Byrne, Van Dyke (b) Council Member's Choi ~e (i) Council Member Koltay presented a Resolution concerning several appo i ntments to various Boards anc t Commiss i ons as follows : Board of Adjustment and Appeals Lois Lighthall reappointed to a frur-year term from February 1, 1989 to February I, 1993. Career Service Board Janet Kerz i c reappointed to a four-year term from February 1, 1989 to February 1 , 1993 . Election COffllTllssion Janice Wa 1 ters appointed to a four -year term from February 1, 1989 to February 1 , 1993 . Planning and Zoning COlllftisslon Marjorie L. Becker for balance of term exp i r i ng February l, 1991 . W. Hark Barber to four-year term from February I, 1989 to February I, 1993. Thomas Gerlick to four-year term from February l , 1989 to February 1 , 1993 . Pub l ic Library Board Mary Dounay reappo i nted to a four -y ear term from February I , 1989 , to Februa ry 1, 1993. John L. Gray appointed to a four-year ter m from February l, 1989 , to February I, 1993. Urban Renewal Authority Council Member Erica Byrne r eappo i nted to five -year term from February 5, 1989 , to February 5, 1994 . Pursuant to Sect i on 31-25-105 CRS, term is not contingent upon tenure i n office. Water and Sewer Board Neil Neunian reappo i nted to a six-year term from February 1, 1989 to February I, 1995. Englewood City Council Minutes February&, 1989 -Page 8 lhe Resolution was assigned a number and read by title: RESOLUTION NO. II, SERIES OF 1989 A RESOLUTION APPOINTING MEMBERS TO TERMS ON BOARDS AND COHHISSIONS OF THE CITY OF ENGLEWOOD. COIIICJL NENBER KOLTAY MOVED, COUNCIL N£NBER HATHAWAY SECONDED, TO APPROVE RESOUJTJON NO. 11, SERIES OF 1989. Ayes: Council Members Koltay, Hathaway, Kozacek, Habenicht, Motion !lays: kbstafo : Absent: carried . Clayton t-lonr. None Council Members Byrne, Van Dyke (Ii) Council Member Hathaway presented a resolution relative to atten- dance requirements of Boards and Conrnissions. The Resolution was assigned a number and read by title: RESOLUTION NO . 12, SERIES OF 1989 A RESOLUTION REQUESTING RECOMMENDATIONS CONCERNING ATTENDANCE REQUIREMENTS FOR THE CITY'S BOARDS AND C0fot1ISSJONS. COUNCIL MEMBER HATHAWAY MOVED, COUNCIL HEtlBER KOL TAY SECONDED, TO APPROVE RESOLUTION NO. 12, SERIES OF 1989. Mayor Pro Tem explained that this Resolution allows for the establishment of rules for attendance of Board and Commission Members . Vote results: Ayes: Nays: Abstain : Absent: Motion carried. Council Members Koltay, Hathaway, Kozacek, Habenicht, Clayton None None Council Members Byrne, Van Dyke {Iii) Council Member Habenicht presented a Resolution appointing members to the Code Review Conrnittee as follows: I District I Jan Bile, Paul Hendricks, Jack York I District II R. J. Berl in District Ill Katherine Fischbach, Roxy Haines District IV Eva Eisenberg, Ruth Code Board and Corrmission Members: Carl Welker, Board of Adjustment and Appeals Ron Fish , Planning and Zoning Conrnission City Staff: Rick DeWitt, City Attorney Rich Wanu sh, Director of Conrnunity Develop111ent Al St an l ey, Division Chief, Po l ice Department I I Englewood City Council Minutes February 6, 1181 -Page 9 The Resolution was assigned a number and read by title: RESOLUTION NO . 13, SERIES OF 1989 A RESOLUTION APPOINTING MEMBERS TO THE CODE REVIEW C~ITTEE. COUNCIL MENSER HABENICHT MOVED, COUNCIL MEMBER HATHAWAY SECONDED, TO APPROVE RESOLUTION NO . 13, SERIES OF 1989. Council Member Koltay stated that the formation of the Code Review Connlttee is something that Council has wanted to do for some time, and also that the general public has indicated ls needed. He welcomed the newly appointed members . Discussion ensued relativP. to the requirement of the City Attorney as a member. COUNCIL MEMBER CLAYTON MOVED TO ANEND THE RESOLUTION IN SECTION 3, DELETING THE CITY ATTORNEY AS AN APPOINTED MEMBER OF THE CODE REYIEV COMMITTEE. After further discussion, Mr . Clayton withdrew his motion. COUNCIL Hii"l!llEI. ".:.2,\CEIC MOVED, COIIHCIL MEMBER HABENICHT SECOIIIED, TO AMEND SEC- TION 3 01· !ti:.6Ll.f/Hl N NO. 13 TO READ: Vote "SECTION 3. THE FOLLOWING MEMBERS FRON CITY STAFF OR REPRESENTA- TIVES THEREOF SHALL BE EX OFFICIO MEMBERS OF THE CODE REVIEV CON- MITTEE AND AVAILABLE AS NEEDED." results on the amendment: Ayes: Council Members Koltay, Hathaway, Kozacek, Habenicht, Clayton Nay~: None Abstain : None Absent: Council Members Byrne , Van Dyke Motion carried. Prior to vot i ng on the passage of Resolution No. 13 as amended, Hr . DeWitt suggested confirmation from Council that the ex officio members of the cornnit- tee would be allowed to part ici pate in all discussions of the is s ues, and to make recommendations thereto; however, as ex officio members they would not be considered voting members of the committee. Council agreed to this concept. Vote results: Ayes: Council ~t~bers Koltay, Hathaway, Kozacek, Habenicht , Clayton Nays: None Abstain: None Absent: Council Members Byrne, Van Dyke Motion carried and Resolution No. 13 approved as amended. Englewood C1ty Council N1nutes February s, 1989 -Page 10 (iv) Council Member Koltay conmentdd concerning the b1dd1ng pro- cess and requested the City Manager to direct staff to re-evaluate the current process giving consideration to first, the general En1lewood area, then throughout Colorado, then regionally, and lastly the whole United States . He I felt more bids than three should be requested and considered. This would en- hance Council's reception toward bid awards. Mayor Pro Tem Clayton agreed and stated further than he did not feel ildequ;i.te infomatlon ls always provided for Council to base their decisl ;,r,_; upon. 15. Adjournment COUNCJL NENBER KOZACEK NOVED TO ADJOU~Jt. The meeting adjourned at 8:40 p .m . ~,,<, µ:I ,a,,,✓. I