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HomeMy WebLinkAbout1989-03-20 (Regular) Meeting MinutesI I ], Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Reguhr Session !!arch 20, 1989 The regular meeting of the Englewood City Council was called to order by Mayor Van Dyke at 7 :34 p .m. 2 . lnvocat1on The invocation was given by Council Member Koltay. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Van Dyke. 4 . Roll Call Present: Absent: A quorum was present. Also present: !i . 1!1nutes Council Members Hathaway, Ko lt ay, Kozacek, Habenicht, Clayton, Van Oyke Council Member Byrne City Manager Fraser City Attorney DeWitt City Clerk Crow Director Fonda, Utilities Executive Director Hinson, Urban Renewa l Authority (a) COUNCIL MEMBER KOZACEK MOVED, COUNCIL !!EMBER CLAYTON SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MARCH 6, 1989. Ayes : Council Members Koltay, Hathaway , Kozacek, Habenicht, Clay ton , Van Dyke Nays: None Abstain: None Absent : Council Member Byrne Motion carried. Englewood City Council Minutes Karch 20, 1989 • Page 2 6. Pre-scheduled Visitors (a) Vera Montez, Arapahoe County Family Child Care Association, was present and requested a Proclamation honoring the Week of the Young Child. COUNCIL "EMBER HATHAWAY MOVED, "AYOR VAN DYKE SECONDED, TO BRING FORWARD AGEN- DA ITEM 8{d). Ayes: Nays : Abstai n: Absent: Motion carried. Council Members Koltay, Clayton, Van Dyke None None Council Member Byrne Hathaway, Kozacek, Habenicht, COUNCIL MEMBER HATHAWAY MOVED, COUNCIL ME"BER HABENICHT SECONDED, TO DECLARE APRIL 2 -8, 1989, AS THE WEEK OF THE YOUN& CHILD, Ayes: Council Members Koltay, Hathaway, Kozacek, Habenicht, Clayton, Van Dyke Nays : None Absta in: None Absent : Council Member Byrne Motion carried. Mayor Van Dyke advised Ms. Montez that the signed proclamation would be for- warded to her . 7 . Non-scheduled Visitors (a) Barry Coleman, 3305 South Broadway , inquired about the poor quality and color of the water being received at his busine ss location , comparin g that water with the water he receives at his residence in Denver. Ut ilities Direc- tor Fond a responded to Mr. Coleman's complaints. He advi sed that the color is coming from rust build -up in the distribution main s, and that this is a dif - ficult problem which cannot be solved imediately . He informe d Council that the Utilities Department is systematically attemp tin g to correct the situa- tion. He stated that Denver gets thei r water from a different so urce and that comparisons can be mis 1 eadi ng . After further discussion, Mr . Fonda advised Council and Mr. Coleman that the Utilities Department would concentrate on the area i n which his business is located in an effort to improve the quality of water. 8 . C1111111unications and Proclamations (a) Municipal Court Fourth Quarter and Year-end Activity Report for 198B was received , COUNCIL "EMBER KOZACEK NOVED, COUNCIL MEMBER HATHAWAY SECONDED, TO ACCEPT THE "UNICIPAL COURT FOURTH QUARTER ANO YEAR-END ACTIVITY REPORT FOR 1988. Ayes: Council Members Koltay, Hathaway, Kozacek, Habenicht, Clayton, Van Dyke Nays: None I I I I Englewood City Council Minutes March 20, 1989 -Page 3 Abstain: None Absent : Council Member Byrne Motion carrl ed. (b) COUNCIL MEMBER KOLTAY MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO DECLARE THE WEEK OF MARCH 24 -31, 1989, AS COMMUNITY DEVELOPMENT WEEK. Ayes : Council Members Koltay, Hathaway, Kozacek, Habenicht, Clayton, Van Dyke Nays : None Abstain: None Absent : Council Member Byrne Motion carried. (c) COUNCIL MEMBER CLAYTON MOVED, COUNCIL MEMBER HABENICHT SECONDED, TO DECLARE APRIL 1, 1989, AS NISS ENGLEWOOD DAY, AND THE WEEK OF APRIL 1 -8, 19B9, AS NISS ENGLEWOOD SCHOLARSHIP PAGEANT WEEK. Ayes : Council Members Koltay, Hathaway, Kozacek, Habenicht, Clayton, Van Dy ke Nays: None Abstain: No ne Absent : Counc il Member Byrne Motion carried. (d) Approved previously -see Agenda Item No . 6(a), page 2. 9. Consent Agenda COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER CLAYTON SECONDED, TO ACCEPT CON- SENT AGENDA ITEMS 9 (a) THROUGH (f): (a) (b) (c) (d) (e) ( f) Minutes of the Career Service Board meetings of November 17, 1988, through February 2, 1989 (IO sets of minutes). Minutes of the Englewood Downtown Development Authority meeting of February 8, 1989. Minutes of the Englewood Election Commis sion meeting of February 16, 1989. Minutes of the Englewood Liquor Licensing Authority meet i ng of March 1, 1989 , Minutes of the Englewood Parks and Recreation Commission meeting of Febr uary 9, 1 89. Min utes of the Englewood Water and Sewer Board meeting of January 10, 1989 . Ayes : Nays: Abstain : Absent : Council Members Koltay, Hathaway, Kozacek, Habenicht, Clayton, Van Dyke None None Council Member Byrne Motion carried . Englewood City Council "lnutes March 20, 19B9 -Page 4 Counc i l Member Habenicht requested that Agenda Item 9(k) be withdrawn from the Consent Agenda, explain i ng she was opposed to passage of Co uncil Bil l No . 14 entitled: A BI LL FOR AN ORDINANCE AMENDING TITLE 1, CHAPTER 6F, ENGLEWOOD MUNICIPAL CODE 1985, BY THE ADDITION OF A NEW SECTION II RELATING TO EMERGENCY MEDICAL TRANS- PORT HES. Ms. Habenicht further explained she had concerns and question s which had not been adequately addressed and did not feel comfortable about supporting It. Hr. Koza t ek and Ms . Hathaway also expressed some concern s. COUNCIL ME"BER KOLTAY MOVED, COUNCIL "EMBER KOZACEK SECONDED, TO TABLE APPROV- AL OF COUNCIL BILL NO. 14 (AGENDA ITEM 9(k)) INDEFINITELY UNTIL FURTHER STUDY COULD BE ACCOIIPLISHED. Ayes : Nays : Abstain : Absent : Motion carried . Council Members Koltay, Van Dyke Council Member Clayton None Council Member Byrne Hathaway , Kozacek , Habenicht, COUNCIL "EMBER HATHAWAY HOVED, COUNCI L MEMBER CLAYTON SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (g) THROUGH (j): (g) Ord i na nce No. 8, Ser i es of 1989, introduced by Council Membe r Kozatek , entitled: AN ORDINANCE AMENDING 4-8-2 , ENGLEWOOD MUNICIPAL CODE 1985, IMPOSING FOR 911 SE RVICE AN EMERGENCY TELEPHONE CHARGE OF S .45 PER MONTH PER EXCHANGE ACCESS FACILITY WITHIN THE CITY OF ENGLEWOOD . (h) Ordina11ce No. 9, Series of 1989 , in t roduced by Council Member Habenicht, entitl ed: AN ORDINANCE APPROVING SUPPLEMENT NO . 114 TO SOUTHGA TE SANITATION DIS TRICT 'S CONNECTORS AGREEMENT WITH THE CITY OF ENGLEWOOO TO INCLUOE ADDITIONAL LANO WITHIN ITS DISTRICT BOUNDARIES . (i) Ord i nance No . 10 , Ser i es of 1989 , in t roduced by Co uncil Member Habenicht , ent i tled : I AN ORDINANCE APPROVING SUPPLEMENT NO . 115 TO SOUT HGATE SANITATION DISTRICT 'S I CONNECTORS AGREEMENT WITH THE CITY OF ENGLEWOOD TO INCLUDE ADDITIONAL LANO WITHIN JTS DISTRICT BOUNDARIES. (j) Ordinance No . 11, Series of 1989, i ntroduced by Counc i l Member Kozacek , ent i tled: AN ORDINANCE APPROVING A JOINT FUNDING AGREEMENT WITH GEOLO GICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR (USGS) FOR INSTALLATION, OPERATION I I Englewood City Council Minutes March 20, 1989 -Page 5 AND MAINTENANCE OF A STREAHFLOW GAGING STATION FOR DATA COLLECTION PLATFORM ON THE SOUTH PLATTE RIVER AT UNION AVENU E IN ENGLEWOOD . Ayes : Nays : Abstain : Abs ent: Motion carried . 10. Public Hearing Council Members Koltay, Hathaway, Kozacek, Ha b~nlcht, Clayton, Van Dyke None None r.ouncil Member Byrne No public hearing was scheduled . 11 . Ordinances, Resolutions and "ottons (a) City Attorney DeWitt offered a recommendation to adopt a bill for an ordinance amending Ti tle 7, Chapter 6E , Section 2, of the Englewood Mun i cipal Code 1985, relating to offenses Invo l ving minors. He Informed Coun- cil that passage of this revision to the Code would bring the City's code Into compliance with current state and national legislation relative t o ages of those permi t ted to purchase and dr i nk al coholic beverages. He advised Council that this matter had been reviewed by the Liquor Li censing Authority. Co uncil Member Kozacek asked the City Cl erk to read Council Bill No. 15, entitled : A BI LL FOR AN ORDINANC E AMENDING TITLE 7, CHAPTER 6E , SECTION 2, ENGLEWOOD MUNICIPAL CODE 1985 , RELATING TO OFFENSES INVOLVING MINORS. COUNCIL KEMBER KOZACEK "OVED, COUNCIL MEMBER CLAYTON SECONDED, COUNCIL BILL NO, 15, SERIES OF 1989. Ayes: Nays : Abstain: Absent: Motion carried. Council Members Koltay , Clayton , Van Dyke None None Council Member Byrne Hathaway, Kozacek, Habenicht, (b) City Manag er Fra ser presented a rec ommendation from the Police De - partment to adopt a bill for an ord i nance repe al ing and ree , ~ct i ng sections of the Englewood Municipal Code 1985 r ela t i ng to Pol i ce an d F1,~ Alarm Systems. Mr . Fraser explained that these Code changes would establish a system for fines and would provide di sincen ti ves for false alarms . Council Member Hathaway asked the City Clerk to r ead Council Bill NO. 17, ent i tled: A BILL FOR AN ORDINANCE REPEALING AND REENACTING TITLE 5, CHAPTER 11 , RELATING TO POLICE ANO FIRE ALARM SYSTEM BUSINESSES, ADDING A NEW SECTION 11, TO TITLE 7, CHAPTER 68 , RELATING TO AGENCIES OF PUBLIC SAFETY, ANO RENUMBERING SECTIONS 11 ANO 12 , OF TITLE 7, CHAPTER 68, ENGLEWOOD MUNICIPAL CODE 1985. Englewood Ctty Council Minutes March 20, 1989 -Page & Counci l Member Clayton expressed concern that perhaps th i s ordinance does not adequately address false alarms exper i enced by the schools and/or hospitals . After considera~le discussion, COUNCIL MEMBER CLAYTON MOVED, COUNCIL MEMBER HABENICHT SECONDED, TO AMEND COUNCIL BILL. NO. 17 TO EXCLUDE SCHOOLS ANO HOSPITALS. The matter was further di scussed . Mr. Fraser assured Counc i l that i t was not the purpose of the ordinance to fine schools or hosp i tals for problems over wh i ch they have no control; howev~r , Hr. Fraser felt that the adm i nistration of th i s ordinance cou l d be dealt with by rules and regulations yet to be es• tabli shed. He further assured Council that staff would be sens i tive to the spec i f i c problems of schools and hosp i tals and that Council would have an op - portun ity to review the rules and regulations before the ordinance went into effect, COUNCIL MEMBERS CLAYTON AND HABENICHT AGREED TO WITHDRAW THE MOTION TO AMEND. Council Member Hathaway called for the question on t he original motion , with the following results : Ayes: Counci l Members Hathaway, Kozacek , Clayton, Van Dyke Nays : Council Members Koltay, Habenicht Abstain: None Absent: Council Member Byrne Mot i on carried . Counc il Bill No. 17 was approved on f i rst reading. Co uncil Me mber Koltay explained hi s opposition to Council B11 1 No . 17, com• menting that i t appeared to be another f orm of taxation whic h wi l l adverse ly affect the bus i ness community . In light of the general fee l ing of Council in this regard , he felt it would have been better to table the matter . Council Member Habenicht stated she agreed that we need to address abuse, but she w.s concerned that the way the current ordinan ce i s wr i tten, it ~ould be "address- ing the problem before t he level of abu s e". Di scussion ens ued about whether the fines sho uld be considered a source of revenue or a deterrent to abuse. Mr . Fraser suggested that he bring this matter back to s t udy session and pro- vide Council with copies of the adm i nistrative regulations to review before the ordinance is considered on final. It was suggested that t he r egulat i on s be reviewed by the Governmental Affairs Committee of the Greater Englewood Chamber of Commerce . To provide more time for t heir preparation and review , COUNCIL NENBER KOZACEK NOVED, COUNCIL NENBER HATHAWAY SECONDED, TO DELAY THE SECOND READING OF COUNCIL BILL NO. 17 TO APRIL 17, 1989. Mr . Cl ayton fe l t the matter could be reviewe d and cons i dered at the next regu - l ar meeting, Apr i l 3, 1989 . Mr. Kozacek di sagreed and called for the question : Ayes: Counc'l Members Hathaway, Kozace k, Haben i cht Nays : Counci l Members Koltay, Clayton , Van Dyke Abstain : None Absent: Council Member Byrne Motion failed. Council Member Kozacek expressed concern about pushing this through when there are still quest i ons be i ng raised. Council Member Koltay I I I I Englewood Ctty Council Minutes March 20, 1989 -Page 7 agreed, explaining he had voted against 1t even though he feels the ordinance was well written and well defined. However, he felt some of these Questions should have been resolved in study session thereby not burden1ng the public with the specific h~ues of the matter, and that staff could have used the extra time to prepare the regulations, etc. (c) Director Fonda presented a recommendation from the Water and Sewer Board to adop t a Resolution to make a new appropriat1on of water from Bear Creek, and to operate a plan of augmentation and an exchange on Bear Creek and the South Platte River. Mr. Fonda expla i ned that Bear Creek wou l d b~ a poten- tially significant water source. He explained the Resolution, if approved, would be filed along with the water right application. He further explained the proposed augmentat i on plan and the exchange provis i on. lhe Resolution was assigned a number and read by t itl e: RESOLUTION NO. 16, SERIES OF 19B9 A RESOLUTION DEC LARING THE INTENT OF THE CITY OF ENGLEWOOD TO MAKE A NEW AP- PROPRIATION OF WATER FROM BEAR CREEK, A TRIBUTARY OF THE SOUTH PLATTE RIVER, AND 10 OPERATE A PLAN OF AUGMENTATION ANO AN EXCHANGE ON BEAR CREEK AND THE SOUTH PLATTE RIVER. COUNCIL HE11BER KOZACEK "OVEO, COUNCIL 11El18ER CLAYTON SECONDED, TO APPROVE RESOLUTION NO. 16, SERIES OF 1989. The quality of water in Bear Creek was question ed and discussed . Mr. Fonda assured Council that the quality of water in Bear Creek, at least this year, is better than that of the South Platte. He also explained that a substantial amount of the water would be turn -flows. Hr. Fraser added that this appears to be th e most economic means of expanding our wa t er supply. Vote results : Ayes : Nays: Absta i n: Absent : Motion carried. Council Members Koltay , Hathaway, Kozacek, Habenicht, Clayton, Van Dyke None None Council Me mber Byrne (d) Execut iv e Director Hi nson presented a recommendation from the En- glewood Urban Renew a 1 Authority to adopt two sep ,,rate r eso 1 ut i ons accepting the ded icat ions of (1) the Plaza at Little Ory Cr eek and (2) t he Inca Way street right-of -way from the Englewood Urban Rene wal Authority. By accept 1 ng the dedicat i ons , t he City will gain control and have maintenance of these two areas. The first Resolut i on relat i ve to the Plaza was assigned a number and read by title : RESOLUTION NO . 17, SERIES OF 1989 Englewood City Counc11 Ntnutes Nerch 20, 1981 -Page 8 A RESOLUTION ACCEPTING DEDICATION OF THE PLAZA AT LITTLE ORY CREEK BY THE CITY OF ENGLEWOOD FROM ENGLEWOOD URBAN RENEWAL AUTHORITY . IIAYOR VAN DYKE NOVEO, COUNCIL NEMBER KOZACEK SECONDED, TO APPROVE RESOLUTION NO. 17, SERIES OF 1989. Ayes : Nays: Abstain: Absent: Motl on carrl ed . Council Members Koltay, Clayton, Van Dyke None None Council Member Byrne Hathaway, Kozacek, Habenicht, The second Resolution relative to the Inca Way street right-of -way was assig- ned a number and read by t i tle : RESOLUTION NO. 18, SERIES OF 1989 A RESOLUTION ACCEPTING DEDICATION OF THE INCA WAY STREET RIGHT -OF-WAY BY THE CITY OF ENGLEWOOD FROM ENGLEWOOD URBAN RENEWAL AUTHORITY . MAYOR VAN DYKE MOVED, COUNCIL NEMBER CLAYTON SECONDED, TO APPROVE RESOLUTION NO. 18, SERIES OF 1989. Motion Ayes: Nays : Abstain: Absent: carried . Council Members Koltay, Clayton, Van Dyke None None Council Member Byrne Hathaway , Kozacek, Haben i cht, Mayor Van Dyke commented that accepting the Plaza dedication i s a pleasure . She expressed anticipation f or the use of the Plaza du r ing the coming summer months. Concerning the Inca Way dedication , Counci l Member Hathaway i nqu i red about the status of her suggestio n to stra i ghten out the roadways. Counril Member Clay - ton expressed co ncurrence to her suggestion. Mr . Fraser r e:sponded advising Council that the subject is scheduled for di sc ussion at th e April 10th study se s sion, along wi th acc e ss to the area, i.e ., Buyer's Club , Home Club. 12 . City Manager's Report Mr . Fraser did not have any matters to br i ng before Counci l . 13 . City Attorney's Report (a) Mr. DeWitt advised Council that the City of Englewoo ,I •.1as being sued by Homer and Eleanor Dunn to determ i ne the i nterpretation of ,erta i n or- dinance r,rovisions with respect to the City's zone code -Civil Action No. 89CVS4, Arapahoe Cou nty Di strict Court. Mr . DeWitt reques t ed au t hority to defend the City Council and the Planning Co mm iss i on . I I I I Englewood City Council Minutes March 20, 1989 -Page g COUNCIL MEMBER KOZACEK HOVED, COUNCIL MEMBER CLAYTON SECONDED, TO ALLOW THE CITY ATT ORNEY TO ACT ON THIS ISSU E. Mr. Clayton comented that it was discourag i ng to work so hard to try to resolve this matter and then be sued . Ayes : Council Members Koltay , Hathaway, Kozacek, Ha L~nicht, Clayton, Van Dyke Nays : None Abstain: None Absent : Council Member Byrne Motion carried. 14. General Discussion (a) Mayor's Choice Mayor Van Dyke announced there would be a joint town meeting with the Engle - wood Chamber of Conrnerce on April 27th at 11:30 a .m., at the Englewood High Schoo l AVS Restaurant. Council wil 1 be the guest speakers at the Chamber's luncheon . Mayor Van Dyke encouraged all Council members to attend. (b) Council Member 's Choice (ii Council Member Koltay suggested more police visibility, espe - cially in the evening hours, around the Plaza and walkway as a deterrent to vanda li sm. Mr. Fraser corrvnented that he had asked staff to prepare a report concerning the lack of lighting along the bike path. (ii) Council Member Clayton stated he had just returned from the National League of Cities Conference in Washington , D.C . He expressed concern about the trash issue and requested that the matter be set for study in Apr il or May . Mayor Van Dyke commented that she is presently pursuing a paper recy- cling program for the City. (iii) Council Me mber Habenicht i nformed Council she would provide them wi th cop i es of the pol icy positions adopted by NLC at the recent con- ference. She elaborated on the pos i tion taken by NLC concerning the issue of collection of Intersta te sales taxes. Council Member Clayton presented a d if- ferent point of view on this matter . Ms . Habe~icht will also provide Council with copies of a lobby in g guide wh ic h she secured at NLC. JS. Adjournment COUNCIL HEHBER KOZACEK MOVED TO ADJOURN. The meeting adjourned at 8 :41 p.m. --~~-}~~«·~~ l_ x/ a.M l