HomeMy WebLinkAbout1989-02-06 (Regular) Meeting MinutesI
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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.
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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.
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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
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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:
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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
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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,,,✓.
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