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Home My WebLink About1989-03-06 (Regular) Meeting MinutesI I Ca 11 to Order ENGLEWOOD CITY COUNCIL l'N&LEVOOD, ARAPAHOE COIIITY, COLORADO Regular Session Narch 6, 1989 The regular meeting of the Eng l ewood City Council was called to orde r by Mayor Van Dyke at 7:36 p.m. 2. Invocation The invocation was given by Council Melllber Ko l tay. 3. Pledge of Allegtanc• Pledge of Allegiance was led by Boy Scout Troop No. 92. 4. Roll Call Present: Council Members Hathaway, Kol t ay, Kozacek, Byrne, Habenicht, Clayton, Yan Dyke Absent: None A quorum was present . Also present : 5 . Minutes City Manager Fraser City Attorney DeWitt City Clerk Crow Pol i ce Chief Holmes Director Fonda, Utilities Director Wanush, Comunity Development Acting Fire Chief Olsen (a) COlltCIL NENBER KOZACEI( NOVm, COUNCIL IIDIIER BYRNE SECONDED, TO APPROVE THE NlllJTES OF THE REGULAR NEETING OF FEBRUARY 21, 1989. Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne , Habenicht, Clayton, Van Dyke Nays : None Absta i n: None Absent : None Motion carried. 6. Pre-scheduled Visitors Englewood City Council Minutes March I, 1989 -Page 2 There were no pre -;cheduled vis i tors. 7. Non-scheduled Visitors There were no non-scheci ul ed Yi ~i t rs. 8. C01111Unicat1ons and Procluat 1ons (a) COUNCIL Ntlt8ER KOZAC£i MOVEO, COUNCIL NENBER HATHAWAY SECONDED, TO ACCEPT THE RESIGNATION OF ROHA L'.' H. FISH AS A MEMBER OF THE ADVISORY TASK FORCE/ENVIRONMENTAL NUISANCE COOE ~, Ayes: Cuu ~c il 1-:r-mbers Koltay, Hathaway, Kozatek, Byrne, Habenicht , Clayton, Van Dyke Nay•: None Abstain: None Absent: hotion carried. None (b) Council Member Kozatek presented his letter of resignation as a rr ,:.,\,er of the Housing Authority to provide Council Member Koltay an opportunl - t .;· t o serve as a member of the Authority. COUNCIL MEMBER BYRNE MOVED, COUNCIL MEMBER CLAYTON SECONDED, TO ACCEPT COUNCIL NENBER KOZACEK'S LffiER OF RESIGNATION FROM THE ENGLEWOOD HOUSING AUTHORITY. Ayes: Counc i1 Members Hathaway , Byrne, Haben t cht , Clayton , Van Dyke Nays: None Abstain: Council Members Koltay, KozacPk Absent: None Motion carried . Mayor Van Dyke expressed appreciation to Mr. Kozacek for his participation as a member of the !lousing Authority during the last few years. 9. Consent Agenda COUNCIL NEMBER CLAYTON MOVED, COUNCIL MENBER KOLTAV SECONDED, TO ACCEPT CON- SENT AGENDA ITENS g (a) THROUGH (f): (a) (b) (c) (d) (e) ( f} Minutes of the Board of Adjustment and Appeals meeting of February 8, 1989. Minutes of t he Englewood Downtown Development Authority meeting of February 8, 1989 . Minutes of the Fi re Retirement Board meeting of January 24, 1989. Minutes of the Englewood Housing Authority's Annual meeting of January 25, 1989, and minutes of the regular meetings of January 25 and February 22, 1989. Minutes of the Planning and Zoning Conrnission meeting of February 22, 1989 . Minutes of the Public Library Advisory Board meeting of February 14, 1989. Ayes: Nays: Council Members Koltay, Hathaway, Habenicht, Clayton, Van Dyke None Kozacek, Byrne, I I I I En9lewood Ctty Counctl Ninutes March S, 1989 -Page 3 Abstain: None Absent: None Motion urried. 10. Public Hearing No pub li c hearing was scheduled. 11 . Ordinances, Resolutions and Notions (a) Chief Holmes presented a reco-ndation from the Police Department to adopt a bill for an ord i nance amending Title 4, Chapter 8, Section 2 of the Englewood Munlcip&l Code 1985, Imposing for 911 service an etnergency telephone charge of S.45 per month per exchange access facility within the City of En- glewood. Chief Holaes responded to questions and advised Council that the E911 serv i ce should be available early 1990. Council Member Kozacek asked the City Clerk to read Council 8111 No. 8 entitled: COUNCIL Bill NO . 8, INTRODUCED BY COUNCIL MEMBER KOZACEK A BILL FOR AH ORDINANCE AMENDING 4-8-2, ENGLEWOOD MUNICIPAL CODE 1985, IMPOS - ING FOR 911 SERVICE AN EMERGENCY TELEPHONE CHARGE OF S.45 PE R. MONTH PER EX· CHANGE ACCESS FACILITY WITHIN THE CITY DF ENGLEWOOD. COUNCIL MEMBER KOZACEK MOVED, COUNCIL NDIBER HATHAWAY SECONDm, COUNCIL BILL NO. 8. Council Member Habenicht stated her objection to the establishment of addi- tiona l outside authorities; however, she explained she would be voting in favor of th i s since E9ll is a very important service which wi ll benefit the cit i zens i" emergency response situat i ons . MYOR VAN DW.E IIOVED, COUNCIL NEIIIER HABDIICHT SECOll>ED, TO AIIEN> COUNCIL BILL NO. 8 TO INWl)E THE EFFECTIVE DATE OF NAY 1, 1989 IN 4-8-Z C, OF SECTION l. Ayl!S: Council Members Koltay, Hathaway, Kozacek, Byrne , Habenicht, Clayton, Yan Dyke Nays: None Absta i n: None Absent : None Motion carried anu Council Bi l l No . 8 amended . Vote results on original motion as amended: Ayes: Counc il Members Koltay, Hathaway, Habenicht, Clayton, Yan Dyke Kozacek, Byrne, Nays: None Abstain: None Absent: None Motion carried . (b) Director Fonda presented a rec01mendation from the Water and Sewer Boud to adopt I bill for an ordinance approving Supplenient No. 114 to the Englewood City Council Ntnutes Narch &, 1989 • P•~• 4 Southgate Sanitation Di strict' s Connectors Agreement with the City of Engle - wcod to include an addit i onal 33 acres within its district bound ar ies. "r. Fonda explained that the 33 acres were to be used for a church and a c011111unity center. Counci 1 Me111ber Haben i cht asked the City Clerk to read Council Bi 11 No. 10, entitled: COUNCIL BILL NO. 10, INTRODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 114 TO SOUTHGATE SANITATION DISTRICT 'S CONNECTORS AGREEMENT WITH THE CHY OF ENGLEWOOD TO INCLUDE ADOI - TIONAL LAND WITHIN ITS DISTRICT BOUNDARIES. COUNCIL MENSER HA8ENICK1' MOVED, COUNCIL NEMIIER KOZACEK SECOll>ED, COUNCIL BILL NO. 10. Ayes: Nays: Abstain: Absent: Motion carried. Council Nenbers Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton. Van Dyke None None None (c) Director Fonda presented a reconnendation from the WatP.r and Sewer Board to adopt a bill for an ordinance approving Supplement No. 115 to the Southgate Sanitation District's Connectors Agreement with the City of Engle- wood to include an additional 1.5 acres within its district boundaries. Hr. Fonda explained the 1.5 acres were to be used for a sing le -family home . Coun- cil Member Habenicht asked the City Clerk to read Council Bill No. 11 entitled : COUNCIL Bill NO. 11, INTRODUCED BY COUNCIL MEMBER HABENICHT A Bill FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 115 TO SOUTHGATE SANITATION DISTRICT'S CONNECTORS AGREEMENT WITH THE CITY OF ENGLEWOOD TO INCLUDE ADDI· TIONAL LANO WITHIN ITS DISTRICT BOUNDARIES . COUNCIL MEtlBER HABENICH"' MOVED, COUNCIL NEIIBER KOZACEK SECONOEO, COUNCIL BILL NO. ll. Ayes: Nays: Abstain : Absent: Motion carried. Council Members Koltay, Ha~haway. Kozacek, Byrne, Habenicht, Clayton, Van Dyke None None None (d) Di rector Fonda presented a reconmendat i on fro111 the Water and Sewer Board to adopt a bl 11 for an ordinance approving a joint funding agreement with Geological Survey, United States Department of Interior (USGS) for in - stallation, operation and maintenance of I streanflow gaging station with data collection platform on the South Platte River at Union Avenue in Englewood. Hr. Fonda explained the USGS will pay for half the costs; they will also build, operate and maintain the station. The estlMated Installation cost Is S22,700 with the first year of operation and maintenance estlMated at S3,300. I I I I Englewood Ctty Counctl Ntnutts ,1rch 6, 1989 -Pap 5 Costs will be shared equally. Council Melllber Kozacek asked the City Clerk to read Council Bill No. 12, entitled: COUNCIL Bill NO. 12, lNTROOUCED BY COUNCIL MEMBER KOZACEK A BILL FOR AN ORDINANCE APPROVING A JOINT FUNDING AGREEMENT WITH GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR (USGS), FOR INSTALLATION, OPERATION AND MAINTE tlANCE OF A STREAMFLOW GAGING STATION WllH DATA COLLECTION PLATFORM OIi THC SOUTH PLATTE RIVER AT UNION AVENUE IN ENGLEWOOD. COUNCiL KiMBER KOZACEK NOVED, COUNCIL NDIBER IYRHE SECONDED, COlllCJl Bill NO. 12. Ayes: Nays: Ab,.ta1n: Absent: Motion carried. Council Metnbers Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke None None None (e) Otrector Wanush presented a reconaendat Ion fr0t11 the Phnn1ng and Zoning Co•1sslon to adopt a bill for an ordinance Ulend1ng Title 16, Chapter 4, ~ectlon 16, Englewood Municipal Code 1985, relating to the Flood Plain Dis· trict of the Comprehensive Zoning Ordinance. Mr. Wanush provided background Information concerning the establishment of the Flood Plain District and the federal regulations pertaining to It. He explained that 1110st of the changes being proposed were requested l:.v the Federal E11ergency Management Agency (FEHA) and are considered "housekeeping• changes. He lnfomed Council that he would go into more detail concerning those changes at the required Public Hearing, and he rec011'111ended Apr11 3, 1989, as the date for that hearing. Council Member Clayton asked the City Clerk to read Council 8111 No. 13, entitled: COUNCIL BILL ND. 13, INTROOUCED BY COUNCIL MEMBER CLAYTllN A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTION 16, ENGLEWOOD MUNICIPAL CODE 1985, RELATJ~G TO THE FLOOO PLAIN DISTRICT OF THE COMPREHENSIVE ZONING ORDINANCE. COUNCIL MEMBER CLAYTON NOVm, COUNCIL MEMBER KOLTAY SECONDm, COUNCIL Bill NO. 13 AND SET THE PUBLIC HEARING DATE FOR APRIL 3, 1989 AT 7:30 P.M. Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke ~ays: None Abstain: Non~ Absent: None Motion carried. Mr. Wanush ad~lsed Council that as a result of the extensive improvenents c011tpleted on Little Dry Creek, the City would soon be subnlittlng map change details to FEM which when approved would alleviate tte downtown area flood plain problems and eliminate the requlreaent for flood plain in- surance In that area; such Insurance would still be optional. Englewood City Council Minutes Narch 6, 1989 -Page 6 (f) Acting Fire Chief Olsen presented a reconnendat1on fr0111 the Fire Department to adopt a bi ll for an ordinance amending Title I, Chapter 6F, En - glewood Municipal Code 1985, by the addition of a new Section 11 relating to emergency medical transport fees. Hr . Olsen explained that the fees would I pertain only to non-residents of the City and that the fees would be for transport only, not paramedic service . Hr. Olsen responded to questions and various concerns of Council . Staffing was discussed, as was the need to keep both ambulance units available at all times for e111ergency responses . Counc i l Member Koltay asked the City Clerk to read Council Bill No. 14, entitled: COUNCIL BILL NO. 14, lNTROOUCED BY COUNCIL MEMBER KOLTAY A BILL FOR AN ORDINANCE Al1END irl r.' TITLE 1, CHAPTER 6F, ENGLEWOOD MUNICIPAL CODE 1985, BY THE ADDITION OF A NE~ SE CTION 11 RELATING TO EHER~EN Y MEDICA L TRANS- PORT FEES. COUNCIL NENBER KOLTAY MOVED, COUNCIL NEIUILII CLAYTON SECONDED, COIIICIL BILL NO. 14. Further discuss Ion ensued. Council Member Habenicht stated sne had ser l ou!l doubts about i nit l at i ng this program, stat Ing there were several quest l on!l raised about the or dinance which hadn't been fully addressed. She Intended to vote NO. Hr. Clayton felt the issues are being dealt with successfully by other convnunities in the metropolitan area and that the City Nanager wu capable of adm1n 1ster1ng the program 1n a sensitive and responsive manner. Hr. Koltay corrmented that this particular issue was discussed at the budget retreat and that statistics presented i ndicate that 821 of the estimated 1900 emergency calls are for transport and only 30% represent residents . He point - ed out that people other than Englewood c i tizens were benefiting from these services which are funded by tax dollars. He also felt the administration of the program could address the problem of those who could not adequately afford it . He strongly recommended that staff invest igate contracting out th i s ser - vice and the bi ll i ng of con!lequent fees . Counc i l Member Hab enicht reiterated her pos i tion, stating that she agreed that the arguments presented were economically sound , but philosophically she still had re!lervat i on and wou l d still be in opposition . Hr. Koltay called for the vote. Ayes : Nays: Absta i n: Absent : Mot i on carried. Counci l Members Koltay , Hathaway, Kozacek, Byrne, Clayton, Van Dyke Council Member Habenicht None None (g) City Attorney DeWitt presented a recommendation to adopt a bill for an ordinance amending Title 7, Chapter 6E , Section 2, Engl ewood Mun i cipal Code 1985, relating to offenses in volving minors. Nr. DeWitt explained that our code requ i rements were in conflict with ct?rhin state statutes relative to individuals between the age s of 18 and 21 being allowed to purchase femented I I I Englewood Ctty Counctl Ntnutes March e, 1111 -Page 7 malt beverages . Jn light of certain questions raised by Council Hellber Clay - ton, Mr. DeWitt reco11111ended tabling the passage of Council Bi ll No . JS until the ~atter was reviewed further. COUNCIL NDIIER CLAYTON NOYm. COUNCIL NDllER KOZACEK SECOfllm, TO TABLE A&£NDA ITDI ll(h) -COUNCIL IILL NO. 15 • A IILL FOR AN ORDINANCE AIIENDIN& TITLE 7, CHAPTER IIE, SECTION 2, ENGLEWOOO IUIICJl'AL CODE 1985, RELATING TO OFFENSES INVOLVING NINORS. Ayes: Council Helllbers Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain : None Absent: None Motion carried. Discuss i on ensued concerning charter/code conflicts with State Statute~. Mr. DeWitt explalnad the differences in state-wide ■atters, mixed concern matters and local concern ■alters as those ■atters affect hol'IM! rule cities. H~ conc1tlded by advising Council that only Council has the right to amend infonnation co11tained In the code. (h) Ci t y Attorney DeWitt presented a recofflllllndation to adopt a resolu - t ion stating the Intent and understanding of the City of Englewood with respect to the pJ rchase of City -generated power by Public Service co~pany of Colorado pursuant t~ Article 13 of the franchise granted to said company. Mr . DeWitt explained that the franchise was approved by the registered voters on June 21, 1988. Public Service C011~•iny has requested that clarification be ma...:e with respect to the City's understand i ng that any purchase of City- generated power will be made in accordance wi th applicable rules and regula - tions of the Publ i c Util i ties Comm i ssion and in accordance with Public Si rvice Company's tariffs . This Resolution wou l d establish that clarificati on. The Resolution was assigned a nu~ber and read by t i tle : RfSOLUTION NO. 14, SERIES OF 1989 A RESOLUTION STATING THE IN TENT ANO UNDERSTANDING OF THE CITY OF ENGLEWCOD WITH RESPECT TO THE PURCHASE OF CITY-GENERATED POWER BY PUBLIC SERVICE COMPANY OF COLORADO PURSUANT TO ART!CLE 13 OF THE FRANCHISE GRANTED TO SAID COMPANY. COUNCIL NDl8ER KOLTAY NOYED, COUNCIL MENIER CLAYTON SECONDm, TO APPROVE RESOLUTION NO. 14, SERIES OF 1989. Ayes : Counc i l Members Kolta y, Hathaway, Kozacek , Habenicht, Clay t on, Yan Dy ke Nays: None Absta i n : Council Member Byrne Absent : None Hotion carritd . Ms. Byrne expla i ned she absta i ned from voting on th i s matter as she i s emp1oyed by Publir Service Company and did not wis h her vote to be construed as a po s s i ble conflic t of i nte r est. 12. C~ty Manager's Repor t Mr . Fraser d i d no t have any matters to bring before Council . Engl.wood City Council Nlnutes Narch a, 11a1 -•••• a 13 . City Attorney's Report (a) Hr. DeWitt requested a few minutes of Council's time at the conclu- sion of the ~eating to discuss a procedural matter. 14. General Discussion (a) Mayor's Choice (1) A resolution appointing Council Member Koltay to the Housing Authority was •~~lgned a number and read by title: RESOLUTION NO. 15, SERIES OF 1989 A RESOLUTION APPOINTING COUNC ILMAN ROGER KOLTAV TO FILL THE UNEXPIRED TERM OF COUNCILMAN KOZACEK EXPIRll 1G JULY l, 1989. MAYOR YAN DYKE NOVED, COUiiCIL MENBEA KOZACEK SECONDED, TO APPROVE RESOLUTION NO. 15, SERIES OF 19B9. Ayes: Council Hellbers Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: Council Member Koltay Absent: None Motion carried. Congratulations were offered to Hr. Koltay on this appoint- ment. Mr. Kolta) thanked Council for this opportunity. (b) Council Member's Choice (I) Council Member Clayton infonned Council that he had received notice from Colorado Municipal League that he had been appointed to National League of Cities Energy, Environmental Quality and Natural Resources Corrmittee for 1989 . Congratul,tlons were offered. (ii) Council Mr ~r Clayton Informed Council t at he had received a request for a donation from Joan Mason, representing the South Platte River· fest Weekend In connection with The Greater Denver Kayak Challenge, scheduled for June 3, and The Great Re lay Race, scheduled for June 4. Hr. Clayton sug· ges ted that this request for funds be added to the neKt study session agenda for Council's consideration. COUNCIL NEMBER CLAYTON MOVED, COUNCIL HENBER KOZACEK SECONDED, TO RECEIVE THE LffiER FRON HS. IIASON. Motion Ayes: Nays: Abstain: Absent : carried. 15. Adjour,-nt Council Members Koltay, Hathaway , Habenicht, Clayton, Van Dyke None None None Kozacek, Byrne, I I Entlewood C1ty Counc:tl Nlnute1 llllrcll I, HII • ,,.. I COUNCIL NDIIER ICOZACEIC NOVED TO ADJOURN. The 111eettng ad j ourned at 8 :35 p ,,a,