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HomeMy WebLinkAbout1989-07-10 (Regular) Meeting MinutesI I l. Call to Order ENGLEWOOD CITY COUNCIL ENGLEVOOO, ARAPAHOE COtllTY, COLORADO Regular Session July 10, 111811 The regular meeting of the Englewood City Council was called to order by Mayor Van Dyke at 7 :40 p.~. 2. Invocation The invocation was given by Council He~ber Koltay. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Van Dyke. 4 . Roll Call Present: Council Members Hatha way , Koltay, Kozacek , Byrne, Habeni cht, Clayton, Van Dyke Absent : None A quorum was present. Also present : 5. Minutes City Manag~r Fraser Ci ty Attorney DeWitt Ci ty Cl erk Crow Di rector Wanush, Co11111unity Development Director Freeman , Financial Services Hike Wolka, Utilities Manager (a) COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER CLAYTON SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 111, 11189. Ayes : Council ~embers Koltay, Hathaway, Kozacek, Byrne, Nays: Habenicht, Clayton, Van Dyke None Absta i n : None Absent: Motion carried. None 6 . Pre-scheduled Visitors Englewood City Council Ntnutes July 10, 1989 -Page 2 (a) Werner Schnackenberg, 3675 South Cherokee Street, expressed disap- pointment about Council's cut of funds to Interfa ith Task Force (IFTF). He stated he hoped this would be• te~por1ry cut. He emphasized that in almost every category of service provided by IFTF, Englewood citizens comprised the I largest number; he felt IFTF deserves to receive strong support from the City of Englewood, and he Jrged Council to usign • high priority to its future support. Mr. Schnackenberg was advised that Councl l would consider all oca- t Ions of 1990 contribution funds at the budget retreat in September. (b) Wi .1liam Klibbe, 2905 South Delaware Street, scheduled to speak con- cerning skateboarding, did not appear. 7. Non-scheduled Visitors (a) :iherman Salazar, 4742 South Decatur Street, addressed Council on behalf of several citizens who recently experienced problems with sewage back- flow from the Valley Sanitation District service. Kr. Salazar asked what the City of Englewood plans to do to assist those people relative to expenses in- curred, etc. Ci ty Manager Fraser informed Mr. Salazar that the Valley Sanita- tion District had !:een advised of the City's concerns, and suggestions for appropriate action are being made directly to the District. It was also pointed out that it is not within the City's authority to Intervene directly In this matter. City Attorney DeWitt stated research had been done conceming this matter, that a number of alternatives were available; however, those al- ternatives had not been reviewed with Council. Mr. Salazar was provided a copy of Mr. DeWltt's research data, and it was strongly suggested that the group consider legal action against Valley Sanitation District. Mr. Salazar reiterated his position and asked if the City would accept the insurance claims. Mayor Van Dyke assured Hr. Salazar that Council was still reviewing all options, but that she could not at this time commit Council to such an action. (b) Ken Waechter, 3127 West Tufts Avenue, was present and asked several questions about the water restrictions. He lnfonr,ed Council that Cente nnial Acres had not received notice until late Monday, which had caused c~nsiderable confusion . He expressed concern about the water being pumped out o f Mclellan Reservoir for use by Hi ghlands Ranch, and he asked about storage capacity; he also inq uired about the Bear Creek water plant . Mr. Fraser offered to provide him additional information. 8. Conmunications and Proclamations (a) A communication from the Parks and Recreation Commission reconrnend- ing two items, as follow ~, was considered: J. Estat;l ishment of a committee charged with the development and implementation of a public fireworks program in 1990; 2. That staff be assigned to investigate potential sites suitable for development as a water park site. I I I Englewood City Council Minutes July 10, 1989 • Page 3 COUNCIL MENIER KOZACEK NOVED, COUNCIL MENIER CLAYTON SECONDED, TO APPROVE THE RECOIOIENDATION AS OUTLINED IN AGENDA ITEM 8(1). After discussion, Council Members Kozacek and Clayton withdrew the 110tion. COIIICIL MENIER CLAYTON IIIVED, COUNCIL NENIR IYRNE SECOll>ED, TD ACCEPT THE COfl1UNICATIDN FRDN PARKS AND RECREATION COIIIISSION IE&ARDINII THE ESTA8LISIIIOO OF A COIIUTTEE FDR FIRE WORKS DISPLAY IN lll!I01 FURTHER, THAT STAFF INVESTHATE THE POSSIBILITIES FOR DEVELDPIIOO OF A WATER PAltlt SITE. Ayes: Counci l Members Koltay, Hathaway , Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carried. (b) COUNCIL MEMBER HATHAWAY MOVED, COUNCIL RENIER CLAYTON SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION OF 1111. IIARK BARBER FRON THC PLWINI NII ZONIH& COMMISSION. Council Me11ber Hathaway requested that a letter of ap- preciat Ion be sent to Hr. Barber. Ayes: Council Members Koltay, Hathaway, Kozatek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent : None Motion carried. (c) COUNCIL MEMBER HATHAWAY NDVED, COUNCIL MEMBER KOZACEK SECOlllED, TO ACKNOWLEDGE RECEIPT OF KAY MCLAUGHLIN'S DECISION NOT TO SEEK REAPPOINTMENT AS A NENBER OF THE ENGtEIIOOD LIQUOR LICENSING AUTHORITY. Ayes: Council Members Koltay, Hathaway , Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Absta in: None Absent : None Motion carried. 9. Consent Agenda (a) (bl (cl (d) (e) (f) (g) Minutes of the Englewood Downtown Development Authority meetings of Hay 10 and Ju ne 1', 1989. Minutes of the F.nglewood Housing Authority meetings of April 26 and Hay 31, 1989. Minutes of the Englewood Liquor Licensing Authority meeting of June 21, 1989 . Minutes of the Englewood Parks and Recreation C011111tssion meeting of June 8, 1989. Minutes of the Englewood Planning and Zoning Co111111ss1on lll!ettng of June 20, 1989. Minutes of the Englewood Public Library Board meeting of June 13, 1989 . Bill for an ordinance aµprovlng for the pa,.,ent of a fine in lieu of suspension of a liq~or license (second reading). Englewood City Council Ninutes July 10, 1981 -Page 4 (h) 8111 for an ordinance providing for a 11unictpal election to 111end the City Charter to provide for the granting of franchises by or- dinance (second reading ). COUNCIL NENIER CLAYTON NOVED, COUNCIL NENIER KOLTAY SECOIDED, TO ACCEPT CON- SENT AGENDA l'rENS 9 (a) THROUGH (f), Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain : None Absent: None Mot i on carried. Council Member Haben i cht requested that Item 9 (g) be withdra wn from the Con - sent Agenda for additional discussion . (g) COUNCIL BILL NO. 28, INTRODUCED BY COUNCIL MEMBER CLAYTON, ENTITLED: A BILL FOR AN ORDINANCE ADDING A NEW SECTION 11 TO TITLE 5, CHAPTER 3A, ENGLE - WOOD MUNICIPAL CODE 1985, PROVIDING FOR THE PAYMENT OF A FINE IN LIEU OF SUS - PENSION OF A LIQUOR LICENSE . Council Member Habenicht inqu i red how the maximum/minimum amount of the fine as stipulated in 5-3A-ll B was determined . Ci ty Attorney DeWitt clarified that those amounts are established by State statut e . COUNCIL MEMBER HABENICHT NOVEO, COUNCIL NENBER BYRNE SECONOED, TO APPROVE AGENDA ITEM 9 (g). Ayes : Nays: Abstain : Absent : Hotton carried . Series of 1989 . Counci l Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke None None None Counc 11 Bil 1 No . 28 1 s hereby assigned Ordinance No. 24, COUNCIL MEMBER CLAYTON MOVED, COUNCIL NENBER KOLTAY SECONDED, TO APPROVE CON- SENT AGENDA ITEM 9 (h) AS FOLLOWS: (h) ORDINANCE NO. 25, SERIES OF 1989 (COUNCIL BILL NO . 30), INTRODUCED BY COUNC I L MEMBER KOLTAY, ENTITLED: AN ORD INANCE SUBHITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD , COLORADO, AT THE REGULAR MUNICIP~L ELECTION TO BE HELD NOVEMBER 7, 1989, A PROPOSED AMENOHENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, SECTION 128 OF ARTICLE XIV , PROVIDING FOR THE GRANTING OF FRANCHISES BY ORDINANCE. Ayes: Coun ci l Members Koltay , Hathaway , Kozacek, Haben i cht, Clayton, Van Dyke Nays: None I I I I EngllWOOd Ctty Council Mtnutes July 10, 1989 -Page 5 Abstain: Absent : Hotton carried . JO. Pub11c Hearing Council Member Byrne None No pubfic hearing was scheduled . 11. Ordinances, Resoluttons and Motions (a) Director Wanush presented a reco11111endat lo n from the Department of C01T111unlty Development concerning a bill for an ordinance which would approve the transfer of funds ($300,000) to the Hous i ng Authority for the administra- tion of the Housing Rehabil i tation Program. The funds which are to be trans- ferred are from the recently approved C01111111nlty Development Block Grant. Hr. Wanush provided Information concerning regulations and income guide li nes. He also informed Council that the City has been operating this program for 13 years In cooperation with the Englewood Hous i ng Authority. Council Member Koltay asked the Clerk to read Council Bill No. 29, Series of 1989, ent i tled: A BILL FOR AN ORDINANCE APPROVING TRANSFER OF FUNDS APPROVED BY THE STATE DE- PARTMENT OF LOCAL AFFAIRS FOR THE CITY OF ENGLEWOOD, FROM THE CITY TO ENGLE - WOOD HOUSING AUTHORITY FOR ADMINISTRATION OF THE CONTINUING HOUSING REHABILITATION PROGRAN PURSUA~T TO AGREEMENT , COUNCIL MEMBER KOLTAY MOVED, COUNCIL MEMBER HABENICHT SECONDED, COIJICIL BILL NO. 29, SERIES OF 1989. Ayes: Nays ; Abstain: Absent : Hot ion carried. Council Members Koltay , Hathaway, Habenicht, Clayton, Van Dyke None None None Kozacek , Byrne, COUNCIL MEMBER KDLTAY MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO ACCEPT THE ENGLEWOOD HOUSING REHABILITATION LOAN AGREEMENT. Ayes: Counc i l Members Koltay , Hathaway , Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Ab sta i n : None Absent : None Motion carried . (b) A reco11111endatlon from the Water and Sewer Board to award the bid for construction of the Hillsl~e sewer line to Ti erdael Construction Coinpany In the amount of $26,666 was considered. COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER HATHAWAY SECOtllED, TO AWARD THE 81D TO TIERDAEL CONSTRUCTION CONPANY IN THE AIIOUNT OF $26,666 FOR CONSTRUCTION OF THE HILLSIDE SEWER LINE. Englewood City Council Ntnutes ~uly 10, 1989 -Page 6 Ayes : Nays: Abstain: Absent: Motion carried. Council Members Kol !ay, Hathaway, Kozacek, Byrne, Habenicht , Clayton, Va11 Dyke None None None Hr. Wolka, Utilities Manager, confirmed that the bid of $26,666 was lower than the Engineer's estimate. It was also stated that this work 1s being done i n conjunction with Paving District No . 33. (c) 'lty Manager Fraser presented a recommendation from the departments of financial Services and Public Works regarding award of bids for f~ur pieces of equipment under the Capital Equipment Replacement Fund (CERF). Mr . Fraser concurred In the reconmendation as set forth in the Council Communication for Items I, 2, and 4. Concerning lter,1 3, Mr. Fraser explained that It has been suggested by the Utilities Department that the award for thl! Rubber tired wheel loader/backhoe s~ould be made to Case Power• Equipment In the amount of $S6,910.77 rather than to Honnen Equipment Company in the amount of $64,500 . The Ut 11 ities Department has decided that the equipment bid by Case, with minor modlficatloqs, is technically acceptable. After further discussion, COUNCIL MEMBER HATHAWAY IIOYEO, COUNCIL NDIBER HABENICHT SECONDED, TO AIIARO BIDS AS FOLLOWS: (1) TRANS-VEST FREIGHTLINER IN THE AMOUNT OF $29,824 FDR ONE TILT CAB DUIIP TRUCK (STREETS DIVISION); (2) HONNEN EQUIPMENT COMPANY IN THE AMOUNT OF $29,490 FO~ ONE RUBBER TIRED WHEEL LOADER/BACKHOE (PARKS DIVISION)1 (3) MCPECK MOTOR COACH CORPORATION IN THE AMOUNT OF $54,460 FOR ONE TYPE 111 FIRE RESCUE VEHICLE (FIRE DIVISION); ANO (4) CASE POWER I EQUIPMOO IN THE AMOUNT OF $56,910,77 FOR ONE RUBBER TIRED IIHECL LOADER/BACKHOE (UTILITIES). Ayes : Council Members Koltay, Hathaway, Koza~ak, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carried. 12. City Nanager's ~eport (a) Hr. Fraser requested that Cou ncil consider a proposal for an up- grade to the City's telephone system to ~e presented under Genera l Discussion, Council Member 's Choice. I (b) Hr. Fraser transmitted a drafted memorandum to members of the Coun-I cil Compensation Corrrnittee and announced that the committee is scheduled to meet July 20, 1989, at 6:00 p.m. COUNCIL MEMBER KOZACEK MOVED, COllftCIL NENBER HATHAWAY SECONDED, TO ACCEPT THE DRAFT OF THE MENORANDUN TO THE COUNCIL COl1PENSATION CDNIUTTEE. Ayes. Council Members Koltay, Hathaway , Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None I I Englewood City Council N1nutes July 10, 1989 • Page 7 Abstain: None Absent; None Motton carried. 13. Ct\y Attorney's Report (a) Mr. DeWitt provided Information to Council concerning: (I) Lowry Landfill Sult (11) Waste Disposal & Recycling (I i i) Swedish Medical Center Air Rights. Mr. DeWitt stated the bill for an ordinance approving air rights lease would be on July 17, 1969, agenda . (Iv) Draft of ordinance uendlng the Englewood Hun1clpa1 Code to conforwi to the recent reorganization of Administrative Services. Mr . DeWitt stated the bill for an ordinance would be presented to Council during August. Mr. DeWitt agreed to provide Council with a sunnary of said bill. The City Clerk was Instructed to have copies of tt11 drafted bill available for the public. 14. General Discussion (a) Mayor's Choice ( i) Mayor Van Dyke reminded Council that interviews for various boards and con,lsslons are scheduled for July 11th at 5:1S p.m. (b) Council Member's Choice (i) Counc i l Member Hathaway presented two tte•s for consideration: (1) A proposal of Northern Teleco11111 Merid i an Systems, Inc. (NTHSI) for an update of the City's current telephore system . The Clerk was asked to assign the Re~~lution a number and read it by title; RESOLUTION NO. 38, SERIES OF 1989 A RESOLUTION APPROVING A PURCHASE AGREEMENT WITH NORTHERN TELECO!t4 MERIDIAN SYSTEMS, INC . (NTHSI) FOR ACQUISITION OF SL ·lST TELEPHONE SYSTEM HARDWARE AND SOFTWARE . COUNCIL NEtlBER HATHAWAY ~OWED, COUNCIL KOZACEK SECONDED, APPROVAL OF RESOLU - TION NO, 38, SERIES OF 1989. Director Freeman, Financial Services Department, provided background infonna •• tion on the proposed upgrade, expla i ning that the proposal of $84,890 ts a result of the pending merqer of NTHSI with US West and represents an oppor- tunity for the City to meet Its current and future telecommunication needs at a considerable savings . She explained that these savings of approximately $9,000 to $18,000 wou 1d not be present tf we participated In an open bid situation. She assurtd Council that the proposal from NTMSI was technically sound , the equipment Jnd update would be state•of•the art. The cut•over date is scheduled for Sept.ember 29th. She also assured Council that US West has stated they have a ful 1 connttment to Northern Teleconrn' s customer base . Englewood Ctty Council Ntnutts July 10, 1989 -Page 8 Various means of infoming the citizens of the direct dial numbers were dis- cussed. Council Member Hathaway called for the vote. Vote results: Ayes: Nays: Abstain: Absent: Motl on carried . Council Members Koltay, Hathaway, Kozacek, '!Yrne , Habenicht, Clayton, Van Dyke None None None (2) Council Member Hathaway reminded Council that the Fanner's rlarket's first day is July 11th and will be held on the south end of the parking lot at 3400 South AcOffla. (11) Council Member Kozacek requested a review by staff of various ordinances which require citizens to file complaints against each other rather than allowing police off i cers to file complaints. ( 1 ii) consideration: Council Member Clayton presented two items for (1) He requested that a letter be sent to Arapahoe County Co11missioners listing various cultural items wh i ch Englewood would like to see considered and included by the County's Cu l tural Council, such as the Engle- wood Symphony. (2) He felt the City of Englewood should look for a means to provide immediate relief to tho ~e citizens of Englewood who were adversely affected by the sewage backflow of Valley Sanitation District, and suggested that perhaps loans from the Housing Rehabilitation Program could be used for this purpose. COUNCIL MEMBER CLAYTON MOVED, COUNCIL MEMBER HABENICHT SECONDEO, TO DIRECT STAFF TO LOOK FOR FUNDING METHODS TO ASSIST THOSE CITIZENS AFFECTED BY VALLEY SANITATION DISTRICT'S SEWAGE BACKFLOW AND TO SPECIFICALLY LOOK AT THE HOUSING REHAB PROGRAM AS A POSSIBLE MECHANISN. Afte r discussion, the vote resu l ts were: Ayes: Nays: Abstain: Absent: Motion carried. Council Members Koltay , Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Oyke None None None (iv) Council Member Habenicht advised she would be sharing copies of numerous articles of common interest. She also inquired if other council members had received calls concerning recent code enforcement efforts, stating she had had numerous cal ls lndicat i ng that the weeds were not bad enough to warrant a warning. Also, relative to the report from the Code Review Task Force, she suggested that Council consider reviewing as soon as possible those I I I Englewood Ctty Council NlnutH July 10. 1989 -Page 9 sections regarding recreat1oniil vehicles. Nr. Fraser advised th.it Council will be 111eetlng with the Code Review Task Force in August, after which Council could prioritize the results of the report. ( v) Counc 11 Member Byrne c11111p 11mented Mr . Fraser and iaemt-ers of staff for the Ir recent code enforcement efforts, stat 1 ng she had received numerous calls indicating this work was 1ppreci,1ted. She requested that stiff look for long tenn solutions to the b1ckflow problem. Mr. Fraser stated he would be providing an options report for citizens who reside In Englewood but are in Special Districts. IS . Adjournaent COUNCJL NEM8ER HATHAWAY NOYED TO ADJOURN. The meeting adjourned at 9:45 p.111.