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HomeMy WebLinkAbout1989-06-19 (Regular) Meeting MinutesI I Ca 11 to Order EN&LEWOOO CITY COUNCIL ENGLEIIOOO, ARAPAHOE COUNTY, COLORADO Regular Sess1on June 19, 1989 The regu l ar meeting of the Englewood City Council was called to order by Mayor Van Dyke at 7 :37 p.m. 2. Invocation The Invocation was given by Council Member Koltay. 3 . Pl edge of Allegiance The Pledge of Al l eg i ance was led by Boy Scout Troop No. 92 . 4 . Roll Call Present: Council Members Hathaway, Ko lt ay, Kozacek, Byrne , Habenicht, Clayton , Van Dyke Absent : None A quorum was present . Al so presen t : 5 . Minutes Ci ty Manager Fraser City Attorney DeWitt City Clerk Crow Director Waggoner, Public Wo r ks Utilities Manager Woika, Ut ilities (a) COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER CLAYTON SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 5, 1989. Ayes: Counci l Members Kol t ay, Hathaway, Kozace k, Byrne , Habenicht, Clayton, Van Dyke Nays: None Absta i n: Hone Absent : None Motion carried. 6. Pre-scheduled Visitors (a) Hr . Bob Egan of New Englewood Tree Service was not present as scheduled . Englewood Ctty Council "tnutes June 19, 1989 -Page 2 7. Non-scheduled Visitors (a) Jeff Lesher, 4119 South Sherman, representing Boy Scout Troop No . 92, requested pennission to use Centennial Park Lake for canoe training of Boy I Scouts . He assured Counc i l that the Scouts would fallow good safe t y practlc ~s and wear proper emergency equipment. The Scouts want to use t he lake two to three ti mes each month through September, and adult supervision wil l be pro- vided . It was confirmed that while the Scouts used the lake last year under a lease approved by Council, no problems or accidents occurred. Insu rance would be provided through Boy Scouts of America. City Manager Fraser requested an opportunity to review the matter with staff. Mayor Van Dyke advised Jeff that he would be hearing from the Ci ty regarding this request within a week or two . (b) The following citizens addressed Council concerning sewer problems which have been experienced as a result of Valley Sanitation Distr i ct's sewer lines: Jennifer Jacobsen, speaking on beh~lf of her mother Kay Jacobsen at 2936 West Union Avenue; James Balkema, 2946 West Union Avenue, and also the owner of 2996 West Union Aven ue; Kevin Rinnander, 2986 West Union Avenue; Sherman Salazar and Julee Salazar, 4742 South Decatur Street , both speak- i ng on behalf of Kay Jacobsen at 2936 West Union Avenue; Bob Van Anne, 3601 South Fairplay Way, Aurora , also speaking on behalf of Kay Jacobsen at 2936 West Union Avenue; William Ha l don, 4685 South Logan Street. Valley Sanitat i on Distr i ct is denying responsibility for the raw sewage back- up; the residents who are affected are requesting that the City of Englewood i ntervene in their behalf and/or assist them by providing relief in whatever form possible . After discussion, the group was assured the matter would he reviewed and an answer provided . Mr . DeWitt offered to assist the group i n securing phone numbers, etc ., for the Valley Sanitation Distr i ct 's Board of Di rectors . 8. Communicat i ons and Proclamations There we r e no col!W!lun i cations or proclamat i ons presented . 9 . Consent Agenda (a) (b) Minutes of the Englewood Parks and Recreat i on Cormi i ss i on meeting of May 11, 1989 Minutes of the Englewood Planning and Zoning Conn1ss1on ~eetlng of June 6, 1989. COUNCIL MEMBER KOZACEK "OVED, COUNCIL "E"BER CLAYTON SECONDED, TO ACCEPT CON- SENT AGENDA ITE"S 9 (a) THROUGH (b). Ayes : Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke I I I Engl-d ctty Counctl "1nutes June 19, 1989 • Page 3 Nays : None Abstain: None Absent: None Motion carried. 10. Public Hearing No public hearing was scheduled . 11. Ordlnancas, Resolutions and Notions (a) City Attorney DeWitt presented a recommendation from the Englewood Liquor Licensing Authority to adopt a bill for an ordinance which would pro - vide for the payment of a fine in lieu of suspension of a liquor license . Mr . DeWitt explained that this would provide an option t9 the Author i ty In deter - mining appropriate action to take concerning violations. Mr. DeWitt confinned that this procedure complied with state statutes , al so that several other municipalities had adopted similar legislation. After further discussion, Council Member Clayton asked the Clerk to read Council Bi ll No . 28, entitled: A BILL FOR AN ORDINANCE ADDING A NEW SECTION 11 TO TITLE 5, CHAPTER JA, ENGLE· WOOD MUNICIPAL CODE 1985, PROVIDING FOR THE PAYMENT OF A FINE IN LIEU OF SUS· PENSION OF A LIQUOR LICENSE. COUNCIL MEMBER CLAYTON MOVED, COUNCIL MENBER KOLTAY SECONDED, COUNCIL BILL NO. 28, SERIES OF 1989. Ayes: Nays: Abstain: Absent: Motion carried . Counci l Members Koltay, Hathaway, Haben i cht, Clayton, Van Dyke None · None None Kozacek, Byrne, (b) Cit,v Attorney DeWitt presented a recolll!'lendation to adopt a bill for an ordinance ulling for an election question to amend the City Charter to provide for the grant Ing of franchises by ordlnaince. Council Member Koltay asked the Clerk to read Council Bill No. 30, entitled: A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE C ITV OF ENGLEWOOD, COLORADO, AT THE REGULAR MUNICIPA L ELECTION TO BE HELO NOVEMBER 7, 1989 , A PROPOSEO AMENDMENT TO THE CHARTER OF THE CITY Of ENGLE· WOOD, SECTION 128 OF ARTICLE XIV, PROVIDING FOR THE GRANTING OF FRANCHISES BY ORDINANCE. COUNCIL MEMBER KOLTAY MOVED, COUNCIL NEJIBER KOZACEK SECONDED, COUICIL BILL NO. 30, SERIES OF 1989. Council Member Habenicht expressed concern over the proposed wording of Arti- cle 128 and suggested it be amended to give Council the option of either ap- proving franchises by ordinance or of submitting tne fflitter to the electors it an election. After discussion, Englewood City Council Minutes June 19, 1989 -Page 4 COUNCIL MEMBER HABENICHT MOVED, COUNCIL MEMBER KOLTAY SECONOED, TO MDII SEC- TIONS 1 AND 2 OF COUNCIL IILL NO, 30, TO INCLUDE THAT "COUNCIL MAY, AT ITS DISCRETION, CHOOSE TO HAVE A FRANCHISE ELECTION.• Ayes: Council Hembers Koltay, Hathaway, Kozacek, Habenicht, I Clayton, Van Dyke Nays: None Abstain: Council Member Byrne Absent: None Motion carried ; Council Bill No . 30 amended. Council Member Byrne explained she abstained due to her employment with a company who has a franchl se with the City of Englewood. Vote results on approval of Counc i l Bill No. 30 as amended: Ayes: Council Members Koltay, Hathaway, Kozacek, Habenicht , Mot i on Nays: Abstain: Absent: carried; Council Clayton, Van Dyke None Counc i 1 Member Byrne None 8111 No. 30 approved as amended . (c) City Manager Fraser informed Council that changes were being pro- posed in the airspace luse agreement between the City of Englewood and Swedish Med teal Center ; therefore, Mr. fraser reconrnended that Agenda Item ll(c), a bill for an ordinance approving said agreement, be tabled at this time. COUNCIL MEMBER KOLTAY MOVED, COUNCIL MEMBER CLAYTON SECONDED, TO TABLE AGElllA HEH ll(c). Motion Ayes : Nays : Abstain: Absent: carried. Council Members Koltay, Hathaway, Habenicht, Clayton, Van Dyke None None None Kozacek, Byrne, (d) A Resolution giving notice of review of the sales tax as required by Ordinance No . 61, Series of 1987, was presented by City Manager Fraser . Hr. fraser stated that Council had reviewed the matter in depth and had deter- mined the current condition of sales tax revenues warrant the continuation of the one-half cent sales tax. The Resolution was assigned a number and read by title: RESOLUTION NO. 37 , SERIES OF 1989 A RESOLUTION GIVING NOTICE OF REVIEW OF SALES TAX. COUNCIL MEMBER KOLTAY MOVED, COUNCIL 11EMBER KOZACEK SECONDED, TO APPROVE RESOLUTION NO. 37, SERIES OF 1989, Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Ha benicht , Clayton, Van Dyke Nays: None I I I Englewood City Council Nlnutas Jun• 11, 1181 -Paga 5 Abstain : None Absent: None Motion carried. (e) Director Waggoner presented a reco11111endation from the Public Works Departments to ipprove by motion a lighting project it the Englewood Municipal Golf Course Driving Range . Hr. Waggoner stated that bids had been received on the budgeted project with the low bid being received from Miupin Electric in the amount of $45 ,250 . COUNCIL MEMBER KOZACEX MOVED, COUNCIL NOIBER CLAYTON SECOlllED, TO APPROVE THE AWARD OF BID TO MAUPIN ELECTRIC IN THE AIIOUNT OF $45,250 FOR THE Ll&HTIN& OF THE GOLF COURSE DRIVING RANGE. Mr. Waggoner conflnned that the project should be completed by the end of July, 1989. Discussion ensued concerning the need to include funds In the 1990 budget for restroom facilities and a separate telephone line to the driv • ing range area. Vote results: Ayes: Counc i l Members Koltay, Hathaw~y, Kozacek, Byrne, Habenicht , Clayton, Van Dyke Nays: None Abstain: None Absent : None Motion carried . (f) Mi ke Wo i ka, Utilities Manager , presented a reco11111endation from the Water and Sewer Board to approve by mot ion the bid award for rehabi 11 tat ion of th e Boreas Pass Ditch No. 2. Mr . Woika stated thit of the seven bids rece i ved , Western Slope Utilities, Inc ., subm i tted the lowest qualified bid in the amount of $402,806. COUNCIL NENBER KOZACEK NOVED, COUNCIL MEMBER HABENICHT SECONDED, TO APPROVE THE AWARD OF BID TO NESTERH SLOPE UTILITIES, INC., IN THE AMOUNT OF $402,806 FOR REHABILITATION OF THE BOREAS PASS DITCH NO. 2. Ayes : Council Member s Koltay, Hathaway, Kozacek, Byrne, Nays : Abstain: Absent ; Motion carried . Habenicht, Clayton, Van Dyke None None None 12 . City Nanager's Report City Manager Fraser advised Council that the State Legislature w111 convene in special session to address several i tems . Colorado Municipal League i s requesting that member mun i cipalities Impress upon their legislators the Im- portance of addressing the issue of highway funding . He requested Council's authorization to corrmunicate Englewood 's concerns about the transportation package. Counc i l Members Kozacek and Clayton both agreed that support of the transportation package should be given, stipulating, however , that as a condi - tion of Englewood's support, this Council expects some funds to address the Englewood C1ty Counc11 Minutes June 19, 1989 -Page & needs of Hampden and Santa Fe. There was general concurrence a1110ng Council members. 13. City Attorney's Report City Attorney DeWitt provided a shtus report on Valley Sanitation Dis- rict, Silver Anvil and Standley Circuits with reference to pretreatment comp 1 lance. 14 . General Discussion (a) Mayor's Choice ( I) MAYOR VAN DYKE MOVED, COUNCIL MEtlBER CLAYTON SECONDED, TO RESCHEDULE THE REGULAR CITY COUNCIL MEETING OF JULY 3, 1989 TO JULY 10, 1989. Ayes: Council Members Koltay, Hathaway, Kozatek, Byrne, Habenicht, Clayton, Van Oyke Nays: None Abstain: None Absent: None Motion carried. Hayor Van Oyke explained this change was due to the Fourth of July holiday . (b) Council Member's Choice (I) Council Member Koltay inquired of Mr. DeWitt whether It ~ould be beneficial to the City to have a Council Hember approach South Englewood Sanitation District concerning the Connectors Agreement. Hr. DeWitt responded in the affimative. (ii) Council Member Habenicht expressed appreciation to the other members of Council for their support of her candidacy as a member of the Colorado Municipal League Board . She has been advised that her name will be included on the ballot . (ill) Council Member Clayton presented two items: l . He encouraged members of Council to participate in the Urban Drainage's South Platte River raft trip scheduled for July 21st. I 2. He stated a concern that the use of electronic mail between Council mem- bers might impact or li mit open discussion at the regular meetings and he en - couraged the City Manager to maintain a file of all electronic messages to be I available to the press and the public. Further discussion ensued. General consensus was that electronic mai l was working well; however, Council needs to be cognizant of the need to prov ide a synopsis of the issues under d iscussion . I I EngllWOocl C1ty Councfl Ntnutes June lt, 1181 -Page 7 15 . AdJourn .. nt COUNCIL NENBER KOZACEIC NOVED TO ADJOURN. The me eti ng adj ou rn ed at 9:06 p.m.