Loading...
HomeMy WebLinkAbout1989-04-03 (Regular) Meeting MinutesI I Call to Order ENGLEVOO.J CITY COUHclL £HGLEWOOD, ARAPAHOE COUNTY, COLORADo Regular Session Aprfl 3, 1!18!1 The regular meeting of the [nglewood City Council was called to order by Mayor Van Dyke at 7:37 p.m. 2 . Invocation The Invocation was given by Council Menber Koltay . 3 . Pledge of Allegiance The Pledge of Allegiance was led by Boy Scout Troop 9l . 4. Roll CaJJ Present: Council Members Hathaway, Koltay , Kozacek, Byrne, Habenicht, Clayton, Van Dyke Absent : None A quorum was present . Also present : Ci ty Manager Fraser City Attorney DeWitt City Clerk Crow 5. Minutes Director Wanush, Colll!lunity Development Director Freeman, Financial Services Di rector Fonda, Ut i lities (a) COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER KOLTAY SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF IIARCH 20, 1989, Ayes: Council Members Koltay, Hathaway, kczacek, Habenicht, Nays : Absta i n: Absent: Motion carried. Clayton, Van Dyke None Cour:11 Member Byrne None 6 . Pre-scheduled Vfsftors Englewood C1ty Counc11 Minutes April 3, 19B9 -Page 2 (a) Michael Didrickson, 3216 South Fox Street, was not present as scheduled; Hr. Didrickson did address Council prior to adjournment -see page 9 for further Information . (b) Hrs. Eleanor Dunn, Mr. Horaer Dunn, and Hr. Stan Williams spoke briefly concerning Swedish Medical Center 's Planned Development. 7 . Non-scheduled Visitors There were no non -scheduled visitors. 8. Cer1110ny Police Chief Robert Holmes was present; Mayor Van Dyke asked the City Clerk to read in i ts entirety Resolution No . 19, Series of 1989, entitled: RESOLUTION NO . 19, SERIES OF 1989 A RESOLUTION HONORING CHIEF ROBERT R. HOLMES UPON HIS RETIREMENT AS THE POLICE CHIEF OF ENGLEWOOD, COLORADO. MAYOR VAN DYKE MOVED, COUNCIL MENBER CLAYTON SECONDED, TO APPROVE RESOLUTION NO . 19, SERIES OF 1989. Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht , Clayton, Yan Dyke Nays: Nona Abstain: None Absent: None Motion carried . City Manager Fraser pres ented Chief Holmes with a retirement plaque expressing appreciation for Mr. Ho l mes' dedi cation durir.g his years of service. hayor Van Dyke offered her personal thanks to Chief Holmes and wished him well . 9. Consent Agenda (a) (b) (cl (d) {e) (f) (g) (h) Minutes of the Career Service Board meeting of March 16, 1989 . Minutes of the Englewood Downtown Development Authority meeting of March 8, 1989. Minutes of the Liquor Licensing Authority meeting of March I 5 , 1989. Minutes of the Parks and Recreation Co111Tiission meeting of March 9, 1989. Minutes of the Planning and Zoning Commission meeting of ,~arch 21, 1989. Minutes of the Public Library Advisory Board meeting of March 14, 1989. Ordinance amending Title 7, Chapter 6E . Section 2, of the Englewood Municipal Code 1985, relating to offenses involving mi nors. Ordinance repealing and reenacting sections of the Englewood Municipal Code 1985 relating to Police and Fire Alalrm System Busines .~es. I I I I Englewood Ctty Counctl Ntnutes Aprtl 3, 19B9 • Page 3 COUNCIL NENIIER KOZACEK NOVED, COtllCJL MEMBER BYRNE SECOfllED, Ti> ACCEPT CONSENT AGENDA ITEMS !ii (a) THROUGH (f). Ayes: Council Members Koltay, Ha t haway, Kozacek, By r ne, Habenicht, Clayton, Van Dyke Nays: None Abstain : None Absent: None Motion carried. • • * • * At the request of Council Member Haben i cht, Agenda l tP.m 9(h) was removed from the Consent Agenda and considered separately as follows:. (h) COUNCIL BILL NO. 17, INTRODUCED BY COUNCIL MEMBER HATHAWAY, EN TITLED : A Bl l '. FOR AN ORDINAN CE REPEALING ANO REENACTING TITLES, CHAPTER 11, RELATING TO ~,.1t ICE ANO FIRE ALARM SYSTEM BUSINESSES, AOOING A NEW SECTION 11, TO TITLE 7, Li l ':, 7 R 68, RELATING TO AGENCIES OF PUBLIC SAFETY, AND RENUMBERING SECTIONS II ANO!~, OF TITLE 7 , CHAPTER 68, ENGLEWOOD MUNICIPAL CODE 1985. Council Member Habenicht ,ixpla1ned her points of concern, ask i ng if the reg - ulations had been reviewed ~v the Chamber 's Governmental Affa i rs Committee as had been suggested at the last meeting; she further explained she would be moving to amend Section 2 of Council Bill 17, specifically 7-68 -11 C. 2 and 3 as she was of the opin i on we should be addressing abuse . The matter was fully di scu s sed . COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER KOLTAY SECONDED, TO APPROVE ON SECOND READING COUNCIL BILL NO. 17, SERIES OF 1989, COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER KOLTAY SECONDED, TO AMEND COUNCIL BILL NO. 17 TO ADD A THIRD "WHEREAS" AS FOLLOWS: "WHEREAS, THE CITY STAFF SHALL EVALUATE THIS ORDINANCE AnER THE FIRST YEAR, AND NAKE A RECOMMENDATION FOR ITS CONTINUANCE." Di scussion ensued; vote results on the amendment: Ayes: Counci l Members Ko l tay, Hathawa y, Kozacek N~ys : Council Members Byrne, Haben i cht , Clayton, Van Dyke Abstain : None Absent: None Hoti on fa i1 ed. COUNCIL NEMBER HABENICHT NOYED, COUNCIL NENBER HATHAWAY SECONDED, TO AJ1END COUNCIL Bill NO. 17 ON PAGE Z, SECTION 2, BY DELETING ITEN 2 OF 7-611-11 C, AND BY ADDING·. INCLUDING OVERSENSITIVE sm1NGs.• TO ITEM 3 OF 7-68-11 c. After discussion, Council Members Habeni ~ht and Hathaway withdrew the motion to amend . EntillWOOd Ctty Counctl Ntnutes Aprtl 3, 1989 -Page 4 COUNCIL NENBER HABENICHT MOVED, COlllCIL MENIER HATHAV.AY SECONDED, TO AIIEIIJ COUNCIL BILL NO. 17 ON PAGE 2, SECTION Z, ITEN 2 OF 7-68-11 C TO READ: 2. ALARM TRIGGERED BY NEGLIGENCE; FURTHER TO AMEND ITEM 3 OF 7-6B-ll C TO READ: 3. FAILURE TO CORRECT A MALFUNCTION IN AN ALARM SYSTEM WHICH HAS PREVIOUSLY RESULTED IN A FALSE ALARM, INCLUDING OVERLY SENSITIVE smINGS: Vote r esults on 110tion to amend: Ayes : Council Members Koltay, Hathaway, Ko zacek, Habenicht , Clayton, Van Dyke Nays: Co•tnc 11 Member Byrne Abstain : None Absent : None Motion carried. Council Member Byrne exp hi ned she felt the ordinance was clear as written and did not feel It woul d be a problem to enforce as original l y presented. Vote results on the origina l motion as amended : Ayes : Counc i l Members Koltay, Hathaway, Kozacek . Byrne, Haben i cht, Clayton , Van Dyke Nays: None Abstain: None Absent: None Mot i on carried . • • * * • Consent Agenda continued : COUNCIL NEMBER KOZACEIC NOVEO, COUNCIL MEMBER CLAYTON SECONDED, TO APPROVE CON- SENT AGENDA ITEM 9 (g): (g) Ordinance No. 12 , Ser i es of 1989, introduced by Council Member Kozacek , entitled : AN OROINANCE AMENDING TITLE 7, CHAPTER 6E, SECTION 2, ENGLEWOOD MUNICIPAL CODE 1985 , RELATING TO OFFENSES INVOLVING MINORS. Ayes: Nays : Abstain: Absent: Motion carried . JO. Public Hearing Counc i l Members Koltay, Hathaway, Kozacek , Byrne , Haben i cht, Clayton, Van Dyke None None None I I I I Englewood Ctty counctl Ntnutes April 3, 1989 -Page 5 Mayor Van Dyke announced that the purpose of the Public Hearing was to con- sider a111ending sections of the Englewood Municipal Code relating to the Flood Plain Ordinance. COUNCIL NENIIER KOZACEK NOYEO, COUNCIL NEMBER CLAYTON SECOll>EO, TO OPEN THE PUBLIC HEARING. Motion Ayes: Council Members Koltay, Hathaway , Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None carried and the public hearing opened. Koz.acek, Byrne, Di rector Wanush, duly sworn, offered Proof of Publication that notice of the public hearing was publ i shed In the Englewood Sentinel on March 16, 19B9. Hr. Wanush provided background infonnat Ion concerning the Flood Plain Drdin1nce and the changes which have been requested by the Federal E111ergency Management Agency {FEHA) to bring our ordinance I nto compliance with federal regulations. He exphlned that the Planning C011111ission held a public hearing on the pro- posed amendments on February 22, 1989 to consider the amendments; it 1s the recollllK!ndation of the Planning Commission that City Council approve the amend- ments . Hr. Vanush also entered into the record one copy of the Flood In - sunnce Rate Hap (FIRM) which will be in effect April 17, 1989 . Hr. Vanush identified the three major flood plain areas located in Englewood as: l) Lit- tle Dry Creek from approximately Clarkson and US285 to the area where it crosses under Santa Fe at approximately Dartmouth; 2) Big Dry Creek at Broad- way at the southern city limits, diagonally through Belleview Park and exit i ng the City at Santa Fe; 3) var i ous areas along the South Platte River . Also identified were three minor somewhat undefined areas located in northwest En · glewood, northeast Englewood, and across the southern part of Englewood . Hr. Wanush further adv i sed Council that FEHA would be furnished information rela - t iv e to the Little Ory Creek improvements which would further amend the flood plain, resulting In the entire downtown area being taken out of the Flood Pla i n Di strict. There was ~o one in the audience who wished to address Council about this pro- posed change to the Englewood Municipal Code. COUNCIL NEMBER KOZACEK NOVED, COUNCIL NEKBER BYRNE SECONDED, TO CLOSE THE PUBLIC HEARING. A,~s: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays : None Abstain: None Absent : None Motion tirried ind the public hearing closed. May or Van Dyke requested the Ordinance be assigned a number and read by title: ORDINANCE NO. 13, SERIES OF 1989, INTRODUCED BY COUNCIL MEMBER CLAYTON, ENTITLED: Englewood City Council Minutes April 3, 1989 -Page S AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTION 16, ENGLEWOOD MUNICIPAL CODE 1985, RELATING TO THE FLOOD PLAIN DISTRICT OF THE COMPREHENSIVE ZONING ORDINANCE. IIAYOR VAN DYKE MOVED, COUNCIL NENBER CLAYTON SECOIIIED, TO APPROVE ORDINANCE NO. 13, SERIES OF 1989. Ayes: Nays; Absta i n: Absent: Motion carried. Council Me111,1:rs Koltay, Hathaway, Hab r icht, Clayton, Van Dyke None None None II. Ordinances, Resolutions and Notions Kozacek, Byrne, (a) City Attorney DeWitt presented a reconmendation to adopt a bill for an ordinance repealing and reenacting sections of the Englewood Municipal Code relatiny to Municipal Court contempt powers and protection against domestic violence. Council Member Byrne asked the Ci ty Clerk to read Counci l Bill No . 16 entitled: A BILL FOR AN ORDINANCE AMENDING TITLE I, CHAPTER 7, SECTION Z, ENGLEWOOD MUNICIPAL CODE 1985, BY ADDING NEW SUBPARAGRAPHS RELATING TO JURISDICTION AND POWER OF THE ENGLEWOOD MUNICIPAL COURT . COUNCIL NEJIBER BYRNE MOVED, COUNCIL NEJIBER KOZACEK SECONDED, COUNCIL BILL NO. 16, SERIES OF 1989. Hr. DeWitt clarified that with enactment of this ordinance it would be clear that "no contact• orders prior to the trial can be entered and enforced by the Judge of Municipal Court. He explained that the Court has been concerned about "no contact" orders. Counc i1 Hember Byrne urged support of the or- dinance. Vote results: Ayes: Nays: Abstain : Absent: Motion carried. Council Members Koltay, Hathaway, Habenicht, Clayton, Van Dyke None None None Kozacek, Byrne, (b) A recomnendation from the Nonemergency Retirement Board to adopt a bill for an ordinance amending the Englewood Municipal Code was considered. Financial Services Director Freeman was available to answer questions. Coun - cil Member Koltay asked the City Clerk to read Council Bill No. 19, entitled: A Bill FOR AN ORDINANCE AMENDING TITLE 3, CHAPTER 6,, ENGLEWOOD MUNICIPAL CODE 1985, THE CITY OF ENGLEWOOD NONEMERGENCY EMPLOYEES RETIREMENT PLAN AND TRUST. COUNCJL "EHBER KOLTAY MOVED, COUNCIL MEHBER CLAYTON SECOlllm, COUNCJL BILL NO. 19, SERIES OF 1989. I I I I Englewood C1ty Council N1nut1s April 3, 1181 • Page 7 Council Member Koltay Informed Council that these 1te~s were reviewed by the RetlrHent Board and It had been determined by the Board that ch,r1ficatlon was necessary. Financial Impact upon the City was question ,d; it was clarified by City Manager Fraser that the changes being considered would not affect the budget in tenns of the City's contribution. After further discus - sion, Council Member Koltay called for the question. Vote results: Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carried. (c) City Attorney DeWitt presented a rec011111endation to 1dopt a bill for an ordinance amending sections of the Englewood Municipal Code relating to owner liability for parking violations. Mr. DeWitt explained this action would provide a reporting requirement of those people who lease automobiles. Council Member Kozacek asked the Ci ty Clerk to read Council Bill No. 20, entitled: A BILL FOR AN ORDINANCE AMENDING TITLE 11, CHAPTER 1, ENGLEWOOD MUNICIPAL CODE 1985, BY ADDING A NEW SECTION 11 RELATING TO OWNER LIABILITY FOR PARKING VIOLATIONS. COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER KOLTAY SECONDED, COUNCIL BILL NO, 20, SERIES OF 1989. Ayes: Nays: Abstain: Absent: Motion carried. Council Members Koltay, Hathaway , Habenicht, Clayton, Van Dyke None None None Kozacek, Byrne, (d) A reconnendat i on from the Public Works Department to adopt a resolution which authorizes Notice of Sale of Special Assessment bonds for Paving District No. 33 was considered. At the request of Council Hember Hath- away, the Resolution was assigned a nu~ber and read by title: RESOLUTION NO 20 , SERIES OF 1989 A RESOLUTION PROVIDING FOR THE NOTICE OF SALE OF SPECIAL ASSESSMENT BONDS OF THE CITY OF ENGLEWOOD, COLORADO, FOR PAVING DISTRICT NO. 33, IN THE PRINCIPAL AMOUNT OF S70S,OOO AND PROVIDING FOR THE PUBLICATION AND MAILING OF THE NOTICE. COUHCIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER CLAYTON SECONDED, TO APPROVE RESOLUTION NO. 20, SERIES OF 1989. Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays : None Abstain: None Absent: None Englewood City Council Minutes April 3, 1919 -P•t• a Motion carried . (e) A reco111nendatlon from the Water and Sewer Board to approve by mo- t ion the propos e' fro111 Jehn and Wood for engineering services to assist the City of Englewood In obtaining water rights on Bear Creek was considered . Utilities Director Fonda was available to answer questions. COUNCIL NENBER KOZACEK NOVED, COUNCIL MDIBER HATHAWAY SECOfllED, TO APPROVE THE RECONNElllATJON OF THE WATER AND SEWER BOARD (PROPOSAL OF JEHM l WOOO FOR EM• GINEERING SERVICES/WATER RIGHTS ON BEAR CREEK). Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None ~hstain: None ,\bJ c 1t: None Motion car;-;t?d . Kr. Fonda and his staff were conrnended for their efforts to further F"'har • .::e Englewood's water supply. 12. City ~an ager's Report Mr. Fraser did not have any matters to bring before Council. 13. City Attorney's Report Mr. DeWitt provided an update on acquisition of properties for the implementa - tion of Paving District No. 33 . 14. Genera l Discussion (a) Mayor's Choice Mayor Van Dyke did not have any matters to bring before Council. (b) Council Member's Cho i ce (i) At the request of Council Ne~ber Hathaway, a Resolution con- cern i ng the Code Review Committee was assigned a number and read by title : RESOLUTION NO. 21, SERIES OF 1989 A RESOLUTION APPOINTING THAD CARSON TO CODE REVIEW COft,IITTEE TO Fill A VACANCY CAUSED BY RESIGNATION. COUNCIL NENBER HATHAWAY MOVED, COUNCIL NENBER HABENICHT SECONDED, TO APPROVE RESOLUTION NO. 21, SERIES OF 1989. Ayes: Counc i l Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent : None Motion carr i ed. I I I I Engl.wood City Council Ntnutts April 3, 1989 -Page 9 (ii) Council Member Hathaway advised Council that Mr . Lore n Shep - pard has expressed interest in being appointed to the Housing Task Force Comm I ttee . • • * * * Michael Didrlckson, 3216 South Fox Street, informed Counc i l that he would ap - preciate be i ng allowed to address them. (Mr. Didrickson was listed on the agenda as a Pre-scheduled Visitor but was not present earl i er In the meeting.) COUNCIL MENBER KOZACEK MOVED, COUNCIL MEMBER CLAYTON SECONDED , TO SUSPEND THE RULES, PERNlTTlNG MR. DlDRlCKSON AN OPPORTUNITY TO ADDRESS COUNCIL. Ayes : Counc i l Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton , Van Dyke Nays: None Abstain: None Absent: None Motion carried. Mr. Didrickson apolog i zed for being late; he proposed that Council consider amending the Code whereby enforcement of the provision of issu i ng tickets to those persons who park within 5' of a private driveway be on a compla i nt ba- sis . Recently it was necessary for him to park i n front of his own driveway and consequently he received a ticket . After discus s ion, City Manager Frase r stated that he would review the matter with the command staff of the Police Dep artment . Mr . Didrlckson was thanked for bring i ng the matter to Counc il's attent i on . JS . Adjournment COUNCIL MEMBER KOZAC EK MOVED TO ADJOURN. The meet i ng adjourned at 8:41 p.m.