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Home My WebLink About1989-10-16 (Regular) Meeting MinutesI I Call to Order DIILEVOOD CITY COUNCIL ENGLEWOOD, ARAPMIOE COUNTY, COLORADO Rlauhr Session October 11, 1181 The regular meeting of the Englewood City Council was called to order by Mayor Pro Tem Clayton at 7:30 p.m. 2. Invocation The Invocation was given by Council hber Koltay. 3. Pledge of Allegiance The Pledge of Allegi;~ce was I~~ by Boy Scout Troop No. 92. 4. Roll Ca11 Present: Absent: A quorum was present. Also present : 5 . Minutes Council Me•bers Hathaway, Koltay, Kozacek, Byrne, Habenicht, Clayton Mayor Van Oyk!! City Manager Fraser City Attorney DeWitt cay Clerk Crow Director Fonda, Utilities (a) COUNCIL MEN8ER KOZACEK NOYED, AND IT WAS SECOIIIED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF OCTOBER 2, 1189. Ayes: Council Members Koltay, Hathaway, Kozacek , Byrne, Habenicht, Clayton Nays : None Abstain: None Absent: M.iyor Van Dyke Motion carried. 6. Pre-scheduled Vtsttors (a) Bonnie Stafford, 3270 South Shenaan Street, did not appear as scheduled. EngllWOOd Ctty Council Ntnutes October 11, 1989 -Page 2 7. Non-scheduled Ytsttors There were no non-scheduled visitors. 8. Coanunicattons and Proclaaattons (a) COUNCIL NEIIIER HATHAWAY NOYED, AND IT WAS SECONDED, TO ACCEPT JA,~JCE WALTERS' LffiER OF RESIGNATION FRON THE ENGLEWOOD ELECTION COMMISSION. Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne , Habenicht, Clayton Nays: None Abstain: None Absent: Mayor Van Dyke Motion carrieo. (b) 24, 1989, COUNCIL NENBER BYRNE NOVED, AND IT WAS SECONDED, TO DECLARE OCTOBER AS •u. N. DAY.• Ayes: Council ~em:..trs Koltay, Hathaway, Kozacek, Byrne, ~:abenir.ht , Clayton Nays : None Abstain: None Absent: Mayor I/an Dyke Motion carried. (c) COUNCIL MEMBER HA11WIAY MOVED, NI> IT WAS SECOll>ED, TO DECLARE THE WEEK OF OCTOBFR 22 -29, 1989, 4S "RED RIBBON WEEK.• Ayes: Council Members Koltay, Hathaway , Kozacek, Byrne, Habenicht, Clayton Nays: None Abstain: None Absent: Mayor Van Dyke Motion carried. 9. Consent Agenda (a) (b) (c) (d) Minutes from the Englewood Housing Authority meeting of August 30, 1989. Minutes of the Englewood Down t own Development Authority meeting of Septe~ber 13, 1989. Minutes of the Englewood Planning and Zoning C011111ission meeting of October 3, 1989. Council Bill No. 33 for an ordinance granting an encroachment for the building at 3653 South Inca Street . COUNCIL MEMBER ICOZACEK MOVED, ANO IT WAS SECONDED, TO ACCEPT CONSENT AGENDA ITEMS 9 (a) THROUGH (c), Ayes: Nays: Abstain: Absent: Council Members Koltay, Hathaway, Kozacek , Byrne, Habenicht, Clayton None None Mayor Van Dyke I I I I Englewood City Council N1nutes OCtober IS, 1989 -Page 3 Motion carried. COUNCIL NENIER HATHAWAY NOYED, AND IT WAS SECOll>ED, TO APPROVE CONSENT AGDIIA ITEMS I (d) AS FOLLOWS: (d) Ordinance No. 30, Series of 1989 (Council 8111 No. 33, Introduced by Council Met11ber Hathaway), entitled: AN ORDINANCE APPROVING AN ENCROACHMENT OF A PORTION OF A MASONRY BUILDING AT 3653 SOUTH INCA STREET, ENGLEWOOD, COLORADO. Ayes: Nays: Abstain: Absent: Mot ion c1.rried. 10. ~ub11c Hearing Council Metnbers Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton None None Mayor Van Dyke No public hearing was scheduled. 11. Ordinances, Resolutions and Notions (a) City Managir Fraser presented a reconnendation to adopt a bill for an ordinance amending sections of the Code pertaining to Food Delivery Vehi- cles and Food Ven1ors. He explained this would facilitate the licensing and pen1lttfng of food vendors on city sidewalks, city streets, and within city parks. Licensing of vendors on sidewalks and streets would comply with stan - dnd licensing procedures; pen1fts for vendors within city parks would be granted through the Finance Depart.ent with concurrence of Parks staff. Mayor Pro Te• Clayton connented that Council MeMber Habenicht had concerns regarding this Council 8111; he further stated he would support a motion to table the Item if, after discuss!~~, Council Member Habenicht still did not feel com- fortable with the Council Sill as proposed. The City Clerk read Council 8111 No. 35, introduced by Council Member Clayton, entitled: A Bill FOR AN ORDINANCE REPEALING AND REENACTING CHAPTER 4 OF TITLE 5, ENGLE- WOOD MUNICIPAL CODE 1985, RELATING TO FOOD DELIVERY VEHICLES AND FOOD VENDORS. MAYOR PRO UJI CLAYTOH NOV£D, AND IT WAS SECONDED, TO APPROVE ON FIRST READING COUNCIL BILL NO. 35, SERIES Of 1989. Council Melllbet H1benicht suggested postponing action on this Council Bill to allow an &mendllM!nt giving preferential treat111ent to non-profit c011111unity ori- ented groups who 111ight wish to be concessionaires at any perm1nent facility located in a city park . She felt this would assist groups to raise funds for c01111unlty projects. She rec~nded that any per1111nent cuncession in the 11 city parks be reserved for non-profit conrnunity and publ le school support Engllvood City Council Ntnut11 October 18, 1181 -P191 4 groups, and she requested that this suggestion be i ncorporated into the or - dinance. The suggestion was thoroughly discussed . There did not appear to bP consensus a110ng Council to add the stipulation to the ordinance itself, most members indicat i ng they would prefer to have it as part of the policy govern -I ing the issuance of permits . Ci ty Manager Fraser offered to Incorporate Ms . Habenicht's suggestion ~nto the Administrative Procedures under which perm i ts will be issued to park food vendors. Those procedures will be In the form of a Resolution and presented to Council for consideration at the same time Coun - c i l 8 111 No . 35 is scheduled for second reading . Further discussion ensued. Vote results : Ayes: Nays: Abstain: Absent: Motion urried. Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton None None Mayor Van Dyke (b) City Attorney DeWitt presented a reco11111endation to adopt a bill for an ordinance amending sections of the Code pertaining to Indecent Proposals . Hr . DeWitt explained that Council Bill No. 36 i s intended to broaden the basis with respect to the gender who can connlt an Indecent proposal . At the pres- ent time the Code proscribes conduct only with respect to males; the proposed ordinance would i nclude Indecent proposals by either sex. He stressed that he did not believe the current ordinance is unconstitutional, but the change would provide a broader basis. The Ci ty Clerk read Council Bill No . 36, introduced by Council Member Byrne, enti t 1 ed : A BILL FOR AN ORDINANCE AMENDING Till[ 7, CHAPTER 60, ENGLEWOOD MUNICIPAL CODE I 985, BY DELETING AND REENACTING SECTION 7 TH EREOF, RELATING TO INDECENT PROPOSALS . COUNCIL MEMBER BYRNE MOVED, AJIJ IT WAS SECOIIJED, TO APPROVE ON FIRST READING COUNCIL BILL NO. 36, SERIES OF 1989. Hs . Byrne explained that the part of the Code regard i ng this area applies only to males. She felt that any male arrested under the prov i sions of that sec- tion of the Code could claim the ordinance was unconstitutional because the State of Colorado does allow laws only wi th regard to men or only with regard to women. This proposed change st i pulates that "any person " shall not perform these acts . Vote results : Ayes: Nays: Abshln: Absent: Motion carried. Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht , Clayton None None Mayor Van Dyke I I I Eng1.-od City Council Nlnutes October 15, 1911 • Page 5 (c) Director Fonda !)resented a recoaendatlon from the Bl-City Super - visory C01111lttee to adopt • reso 1 ut I on approving an agre11111nt to perform a remedial lnvest1gat ·lon/feulbllity study for the Deep Groundwater Operable Unit at the Lowry Landfill. Mr. Fonda explained that It would be advantageous for the City to Join the other parties of the Lowry coalition 1n seeing that the work Is done rather than have the EPA do It; this aethod helps control the costs .ind provides us a large say 1n the ult.lute rewiedhl action . He ex- plained the cost Increase of $53,000 would be split 50/50 by both cities (Lit· tleton .ind Englewood). He rec01aended an 1111endlnent to the resolution In the 4th line of Section l, so that instead of• .•. City ... • the resolution would reid •. . . 81 -CI ty Wu tewater Treatllll!nt Pl iint, with other Respondents, ••• • Mr. Fondii responded to questions concerning openble costs. The Resolution was assigned a nl.lllber and read by title: RESOLUTION NO. 53, SERIES OF 1989 A RESOLUTION APPROVING SECOND Al"IENOEO ANO RESTATED AOMINISTRATIVE ORDER ON CONSENT RELATING TO LOWRY LANDFII.L SHALLOW GROUNDWATER ANO SUBSURFACE LIQUIDS AND DEEP GROUNDWATER RENEDIAL INVESTIGATION/FEASIBILITY STUDY COUNCIL NDIBER KOZACDC. IIOVED, NII IT lfAS SEC()ll)ED, TO APPROVE RESOLUTIGN NO. 53, SERIES OF 1989, AS ANEIIIED. Ayes : Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton Nays : None Abstain: None Absent : Mayor Van Dyke Motton carried. 12. City Manager's Report Hr. Fraser did not have any matters to bring before Council. 13. City Attorney's Report (a) Mr. DeWitt circulated a copy of a report received from EPA relative to yard waste, asking Council to review it . (b) With reference to previously distributed information rega r ding the Petersburg Ditch, Mr. DeWitt asked If Council concurred In his reco1111endatlon . This was confirmed, with no further action necessary . (c) Mr. DeWitt Informed Council that EPA Is serious about requiring a $1,000 penalty for violation of pre-treatllll!nt regulations. Mr. DeWitt asked Council to determine their wishes in this regard . (d) Council was Informed about two matters which may result in litiga- tion or extensive hearings: 1) an employee who has been discharged for driv- ing a city vehicle while under the Influence (DUI) and for not participating In an alcohol treatlDE!nt program; 2) a serious injury to a child fro11 a dog bite which required surgery, etc. Englewood C1ty Counc:11 Ntnute1 October 11, 1989 • Page I (e) Mr. DeWitt discussed briefly the Oimtnts Guidelines Issued by EPA with reference to charge backs to uch respondent in the Lovry Landfill matter. (f) Mr. DeWitt shared copies of the District Court's ruling with reference to the Englewood Police Benefit Association vs the City of Engle- wood . He lnfonned Council that Otstrtct Court Judge Watanabe had ruled against the City on every tssue presented. Mr. DeWitt recolllll!nded appeal to the Colorado Supreme Court. After thorough discussion of the ramifications of this rul tng and Its effect upon the upc0111ng election, the following action was taken: COUNCIL NENBER KOZACEIC NOVED, AND IT WAS SECONDED, TO DIRECT THE CITY ATTORNEY TO APPEAL TO THE COLORADO SUPREME COUil THE DECISION OF DISTRICT COURT JUDGE WATANABE IN THE NATTER ENGLEVOOII POLICE BENEFIT ASSOCIATION VS THE CITY OF ENGLEWOOD. . Ayes: Nays: Abstain: Absent: Hotton carried. Council Mellbers Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton None None Mayor Van Dyke 14 . General Discussion (a) Mayor's Choice Mayor Pro Tem Clayton did not have any matters to bring befor~ Council. (b) Council Member's Choice (I) Council Meftlber Kozacek wished to clarify for the record several matters which had been brought to his attention by various citizens he had talked with while campaigning for r ee lection : (1) He Wilnted i t to be known that he had opposed by mot ion th e cu ts of positions ind funds to both the Police and Fire Departments for 1990; (2) He wanted It clarified that he is opposed to the City of Englewood paying for the Tufts/Union connection; and (1) Regarding safety of children around schools, he wanted it known that three years ago he was instruinental In overriding the Uniform Traffic Code by getting stop signs placed around Clayton Elementary School, which has now been extended to include all Englewood schools, as well as other schools in the metropolitan area. Council Member Koucek conduded by requesting staff to proceed with design drawings to stripe Oxford Avenue frotn Winde•re to Broadway siMi- lar to striping on Belleview Avenue (•Id-lane for turning only and a single lane going In each direction). In response, Mr. Fraser informed Council that striping of Oxford was being reviewed by staff; the proposed design would be shared with Council in the near future . I I I I EnglllllDOd Cfty CounctJ Nfnutes October JS, ltlt -,, .. 7 (ff) Council filellber H1th1w•y stated she had been advised by the Littleton tr1fffc engineer that funds had been approved for double !Gft turns, all four ways, for the intersection of Belleview and 8ro1dw1y . 15. AdJour,_,,t COUNCIL NENl£R kOLTAY IIOVED TO AOJooRN. The 111eetin9 1dJourned at 8:35 p.m. J4r,,, ,,~ /4~,, - y ~.-----------