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HomeMy WebLinkAbout1989-11-20 (Regular) Meeting MinutesI I l. Call to Order AMENDED . SEE ►HNUTES OF 12/4/89 FOR ADDITIONAL INFORMATION WITH REFERENCE TO ITEM 9(9), PAGE 8 ENGLEWOOD CITY COUNCIL ENGLEWOOO, ARAPAHOE COUNTY, COLORADO Regular Session November 20, 1989 The regular meeting of the Englewood City Council was called to order by Mayor Van Dyke at 7:37 p.m . 2. Jnv~catton The invocation was given by Council Member Koltay . 3, Pledge of Alle~iance The Pledge of Al l egiance was led by Mayor Van Dyke. 4. Roll Call Present : Absent: A quorum was present . Also preser:t : 5. Minutes Councl'I Members Hathaway, Koltay, Kozacek, Byrne, Habenicht , Clayton, Van Dyke None City Manager Fraser City Attorney DeWitt Deputy City Clerk Ellis Director Fonda, Utilities Director Wanush, Community Development Director Waggoner, Public Works Director Stanley, Safety Services (a) COUNCIL MEMBER KOZACEK NOVEO, ANO IT WAS SECOIIIEO, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 5, 1989, Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent : None H.:ition carried . 6, Pre-scheduled Visitors Englewood City Council lleet1ng November 20, 1989 • Page 2 (a) Mayor Van Dyke presented a recorrrnendation to adopt a resolution to honor Dorothy Ro mans for her planning and coordination of the annual Holiday Parade . The Reso l ution was assigned a number and read by title: RESOLUTION NO . 58, SERIES OF 1989 A RESOLUTION COMMENDING DOROTHY ANDREWS ROMANS FOR HER LONG AND DEDICATED SERVICE IN ORGANIZING THE ANNUAL PARADES IN THE CITY OF ENGLEWOOD FOR THE PAST TWENTY YEARS . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 58, SERIES OF 1989, Ayes: Nays: Absta i n: Absent: Moti on carried. Council Members Koltay, Hathaway, Haben i cht , Clayton , Van Dyke None None None City Manager Fraser read the resolution i n its entirety . Kozacek , Byrne, Ms . Romans expressed her appreciation to the many workers, sponsors and counc i l members who have helped her with the parades. Counc i l Member Hathaway suggested that they move to agenda Item 6b . (b) Walt Tomooka, Chairman of the Englewood Downtown Development Authority and Pollyanna Hayes . Executive Director of EDOA presented a specia l proclamation and pl aque honoring Dorothy Romans for her efforts in organ 1zing the Holiday Parade . Ms . Romans stated she appreciated the recogn i tion. Counc i l Memb er Habenicht stated she derived a lot of pleasure from partic i pating in the parade this year. She personally thanked Hs. Romans for her efforts . • * * • • MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO AMEND THE AGENDA TO ADD ITEM 6(b2), PRESEN1'ATION OF AN AWARD FRON ARAPA~OE COUH'TY FOR THE ENGLEWOOD PLAZA. Motion Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Nays: Absta i n: Absent: carried . Habenicht, Clayton, Van Dyke None None None (b2) Mayor Van Dyke stated that just that morning the Arapahoe County Corrrntssloners presented to the City of Englewood, the Englewood :owntown I I I I Englewood C1ty council lllet1ng November 20, 1989 • Page 3 Development Authority, and the Englewood Urban Renewal Authority an award for a public project that represents beautification In the Arapahoe County area. This was awarded for the Englewood Downtown Plaza. Ms . Van Dyke noted that this is the sixth award the Englewood Plaza has received to date. (c) Mayor Van Dyke presented a resolution honoring city employees for their participation i n the Holiday Parade and preparation of the City Float. The Resolution was assigned a number and read by title : RESOLUTION NO . 59, SERIES OF 1989 A RESOLUTION COMMENDING ENGLEWOOD CITY EMPLOYEES, CITY STAFF AND VOLUNTEERS FOR THEIR MANY HOURS OF SERVICE IN HELPING PREPARE THE CITY FLOAT AND FOR PARTICIPATING IN THE ENGLEWOOD HOLIDAY PARADE . MEMBER HATHAWAY MOVED, AND IT WAS SECOll>ED, TO APPROVE RESOLUTION NO. 59, SERIES OF 1989. Ayes: Nays: Abstain: Absent: Motion carr i ed . Council Members Kolhy, Hathaway, Habenicht , Clayton, Van Dyke None None None Kozacek, Byrne, City Manager Fraser asked the City employees, Explorers, and Cub Scouts that were present to come forward to be recognized for their participation in the Holiday Parade. He read the reso l ution In its entirety and expressed his appreciation to all the volunteers who gave of the i r t im e and talents. Mr. Fraser noted that the City Float won First Prize (S200 .00) and the float co11111ittee has awarded the prize money to the Explorers to help defray the i r costs In working as volunteers for the City of Englewood. Council Member Cliyton noted that quality of life in the conmunity is reflected in things like the parade ind connunity participation. He stated that the parade has been i tremendous event over the years, being one of the high points in the community. Council Member Hathaway stated the representatives of Lake City, our sister city, commented on how clean and friendly they found the City of Englewood. She noted all their connents were very positive. (d) Jerry Mayhem, Oepa.-tment of Housing and Urban Development , presented the City with a Joint l/;:ntu1·e for Affordable Housing Special Recognition Award. Housing Auth,•rity (hairman Tom Burns was present and expressed pleasure that the City has been presented with the award; he also expressed appreciation for the cooperation wh i ch exists between the City and the Englewood Housing Authority. (e) Bill Hamilton, former Englewood Fire Chief, requested the Council reconsider their decision and purchase a ladder company for the fire Division . Mr . Hamilton provided Council with documentation of the official actions that Englewood City Council Netting November 20, 1989 • Page 4 led "to the ult im ate phasing out and sale of the snorkel truck•; and statistical data that wou l d support the need to purchase the ladder truck, purchase of which was originally approved at Council's budget retreat In 1988, but later denied by the then Act i ng City Manager . Council Member Kozacek supported Hr . Hamilton's po .Ilion. Council Member Clayton stated that we have a special citizen's committee that will address these concerns . He was confident they would come back to Council with recommendations that would address the ladder truck, rescue, location of fire stations and all of the other diverse issues. Council Member Habenicht asked City Manager Fraser to explain how response Is made to a fire in a building with more than three stories. City Manager Fraser explained that we depend on the Mutual Aid Agreement, to provide us with certain types of apparatus and manpower to assist us In the event of an emergency. Council Member Kozatek stated that the City is undergoing an evaluation by the Insurance Commission. He expressed his concern that wi th fire trucks frequently out of serv ic e, a fire station being shut down temporarily, a paramedic unit that goes out of service temporarily, we will be reclassified, which will result in higher insurance rates city-wide . Mr. Fraser confirmed that there were no funds allocated in 1989 or funds identifi ed in 1990 for purchase of a ladder truck. Discussion ensued. Mayor Van Dyke stated that she would like to review the Fire Protection Service Committee's reconmendat i on before she could support Hr . Hamilton's position. Hs . Van Dyke stated she appreciated the i nformation he had prov i ded . Mr. Hamilton stated it was his understanding that the committee (Fire Service Delivery Committee), of which he Is a member, was dlr~cted to study the problems of the delivery of the fire service for six months and then report t he co nclusions and recommendations to City Council . He expressed deep concern about delaying this decision to 1991 . Discussion ensued regarding the time schedule for reviewing the committee's recommendations . Council Member Kozacek noted that Cherry Hills will be disbanding their fire Department and joining the Castlewood Fire District . (f) Steve Neyer, Chairman of the Englewood Parks and Recreation Conmisslon, requested funds for the Holiday Lighting Contest. COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECOtllED, TO ALLOCATE $300.00 FOR THE HOLIDAY LIGHTING PROGRAM FROM "AID TO OTHER AGENCIES" ACCOUNT. I I I I En9ltw00d City Council lltttln9 NOYfflber 20, 1989 · Page 5 Ci t y Manager Fraser clarified the funding would be allocated out of the 1989 Budget . Council Member Clayton withdrew his mot i on; Council Member Habenicht withdrew the second . COUNCIL MEMBER CLAYTON MOVED, ANO IT WAS SECONDED, TO DIRECT CITY MANAGER FRASER TO FIIII A SOURCE TO FUND TH£ $300.00 REQUESTED FOR THE HOLIDAY LIGHTING CONTEST. Ayes : Nays: Abstain: Absent : Motion approved. Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke None None None 7. Non -scheduled Visitors (a) Clyde Wigg i ns, Councilmember -elect, stated that during his campaigning for City Council the citizens expressed the following opinions: -they do not want any reductions 1n the Fire and Police Departments -very upset over City Council's health and dental plan • upset over the direction City Council and the Administration appear to be headed. Hr. Wiggins urged Council to listen to the voice of the cit i zens and resc i nd the plans to make cuts in the Police and Fire Departments. (b) William Haidon concurred with Hr . Wiggins ' collll!!!nts. He provided Council with copies of a document he previously filed with the Ci ty Clerk and commented he had not had a response. Hr. Haidon questioned why the ladder company , which had been approved i n 1988 by City Council, had not been purchased . Di scussion ensued . Mr. Ha i don was assured the matter would be researched . (c) Gary Dounay expressed concern over the present administration's decision not to replace the ladder truck and other cuts in the Fire Department. He felt it imperat i ve for the city to have a ladder truck based on dangerous Incidents wh i ch have occurred 1n the metro area and which could occur in Englewood . He also expressed concern ove r cuts i n the Police Department . Hr . Dounay suggested Council reev1Juate their position on this matter . Counci l Member Clayton stated he felt the Council should ~ake the i r decision for the long-tenn, not the short-term, based on the rec011111endations of the Fire Service Del i very Comm i ttee, Chief Stanley and Chief Olson. Council Member Habenicht stated that City Manager Fraser has operated under the direct i on of Council to reduce expenditures. Englewood City Council Netting November 20, 1989 -Page 6 Discussion ensued regarding the possibility of altering the budget to provide more funds for protective services. (d) Howard McGregor stated that It was Inappropriate to reduce the Police Department at this time, in fact he felt it should be Increased. (e) Officer Gordon Madonna, Preside nt of the Englewood Police Senefft Assoc!atlon, lodged their formal objection t the final reading and acceptance of the budget as It stands now . He also inquired as to the date of the Spec i al Election and the wording of the ballot. City Attorney Dewitt responded th~t Council had directed city staff to ask the Associations if thy had any thoughts on a date for the election. Officer Madonna stated that he would reconmend January 23rd or 30th of 1990. (f) Selwyn Hewitt r~quested Council to consider providing some financ i al assistance to the Arapahoe Philharmonic, as they have in the past . He noted that the City of Englewood does not have a representative on the Cultural Facilities District Co11111ittee. Mr . Hewitt felt this was Inappropriate. Mayor Van Dyke stated the City had lodged a formal co~plaint to the County Commissioners regarding this lack of representation. Discussion ensued regarding the su11111er concert series for the Plaza . (g) Marge Hoelter spoke concerning the cuts in the Police and Fire Departments. She urged Council to reconsider their cuts and the health insurance benefits for council members. Ms. Hoelter urged Council •to feel the pulse of the people out there, we really voted for you in good faith, and we would like for you to listen to us and please represent us.• Ms . Hoelter also criticized the spending of money for redecorating, etc. Discussion ensued; Ms . Hoelter was assured her statements would be cons i dered. (h) Randy Pickrel objected to an article which appeared in the Sentinel regarding firefighters using personal leave to drop manning levels to a dangerous and critical level i n order to make a political statement. Hr. Pickrel explained that firefighters will work out a shift -swap rather than use personal leave in order to keep units open. He stated that we need increased manpower and a ladder truck . He took issue with statements made by Hr. Clayton which Mr . Pickrel felt were incori ·~ct and out of context. Extensive discussion ensued. 8 . Conrnun1cattons and Procluiattons (a) COUNCIL MEMBER HATHAWAY MOVED, AHO IT WAS SECONDED, TO DECLARE THE WEEK OF DECEMBER 3 THROUGH 9, 1989, AS "CITIES FIGHT BACK AGAINST DRUGS WEEK.• Ayes: Counc i l Members Koltay, Hathaway, Kozacek, Byrne, I I I I EngllWOOcl ctty Council lllettng November 20, 1989 • Page 7 Nays: Abstain: Absent: Habenicht, Clayton, Van Dyke None None None Motion carried. (b) MAYOR YAN DYKE "DYED. ANO IT VAS SECONDED, TO PROCLAJ" THAT PUBLIC POLICIES OF THE UNITED STATES SHOULD PRDNOTE THE FULL AND UNRESTRICTED ACCESS TO INFORMATION TO THE HONES OF THE CITIZENS OF ENGLEWOOD, WHETHER IN THE FORN OF VOICE. VIDEO, OR DATA AND A WAY TO ACHIEVE THIS GOAL IS "OPT IN AMERICA" FIBER OPTIC TECHNOLOGY. Discussion ensued as Ayes: to the purpose of this proclamation; vote results: Council Members Koitay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carried. 9. Consent Agenda ( a) (b) (c) (d) (e) (f) (g) (h) "inutes of the Englewood Downtown Development Authority meeting of October 11, 1989 . Minutes of the Englewood Housing Authority meeting of September 27, 1989. Minutes of the Englewood Liquor Licensing Authority meeting of October 18 , 1989. Minutes of the Englewood Urban Renewal Authority meeting of November 1, 1989. Minutes of the Board of Adjustment and Appeals meeting of October 11, 1989 . Council Bill No. 37 for an ordinance fixing the tax levy and establishing a mill levy for the Englewood Downto~n Development Authority. Council Bill No. 38 for an ordinance adopting the budget for the City of Englewood for the fiscal year 1990. Council Bill No. 39 for an ordinance constituting the annual appropriation bill for the fiscal year 1990. COUNCIL MDIBER KOZACEK MOVED, AHO JT WAS SECONDED TO ACCEPT CONSEiIT AGENDA ITE"S 9 (a) THROUGH (e). Ayes: Nays: Abstain: Absent: Motion carried. Council Members Koltay, Hathaway, Habenicht, Clayton, Van Dyke None None None Koza c k, Byrne, COUNCIL NENBER CLAYTON MOVED, AND IT WAS SECONDED TO CONSIDER AGENDA JTENS ~ (f), (g), AND (h) SEPARATELY. Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Englewood City Council Nttt1ng November 20, 1989 • Page 8 Nays: Abstain: Absent: Motion carried. Habenicht, Clayton, Van Dyke None None None (f) COUNCIL MEMBER CLAYTON NOVED, AND IT WAS SECONDED TO APPROVE CONSENT AGENDA ITEM 9 (f) AS FOLLOWS: Ordinance No. 33, Serles of 1989 (Council 8111 No. 37, introduced by Council Member Clayton), entitled : AN ORDINANCE FIXING THE TAX LEVY IN HILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF All TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, AND ESTABLISHING A HILL LEVY FOR THE ENGLEWOOD, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY. Ayes: Nays: Abstain: Absent: Motio~ carried. Council Members Koltay, Hathaway, Koza~ek, Byrne, Habenicht, Clayton, Van Dyke None None None (g) Council Bill No. 38, introduced by Council Member Koltay, entitled· A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1990 · was considered on second reading. COUNCIL MEMBER KOLTAY MOVED, ANO IT WAS SECONDED TO APPROVE CONSENT AGENDA ITEM 9 (g) AN ORDINANCE 1\DOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1990. Discussion ensued regarding an appropriate method to amend the budget at this stage and the implications which would be involved. COUNCIL MEMBER HABENICHT MOVED, ANO IT WAS SECONDED, TO AMEii> THE 1990 BUDGET TO ADD THREE POLICE PATROL POSITIONS, THREE FIREFIGHTER POSITIONS, AND OHE POLICE/FIRE DISPATCH POSITION TO THE SAFETY SERVICES DEPARTMENT, REPRESENTING AN APPROXIMATE INCREASE OF EXPENDITURES OF S335,00O, WHICH AMOUNT INCLUOES SALARIES AND BENEFITS FOR THOSE POSITIONS; ALSO TO DIRECT THE ADMINISTRATIVE STIAFF TO PRESENT ALTERNATIVES TO COUNCIL TO FUND THOSE POSITIONS, THOSE I 1ERNATIVES TO INCLUDE: I 1) TWO OR THREE ALTERNATIVES THAT INCREASE REVENUES TO BALANCE THOSE COSTS; 2) TWO OR THREE ALTERNATIVES THAT DECREASE EXPENDITURES TO BALANCE THOSE COSTS: 3) TWO OR THREE ALTERNATIVES THAT COMBINE ADJUSTMENTS TO REVEIIJES AND EXPENDITURES TO BALANCE THOSE COSTS. Council Member Habenicht reviewed the information and data she had compiled in support of the amendment. AMENDED. SEE MINUTES OF 12/4/89 FOR ADDITIONAL INFORMATION WITH REFERENCE TO ITEM 9(g) - I I Englewood City Council lleet1nt Nove~ber 20, 1989 -Page 9 Lengthy discussion ensued with various council members reiterating their Individual positions regarding the budget and proposed cuts . Due to Inappropriate disruption from a citizen In the audience, the following motion was made : COUNCIL MEMBER CLAYTON MOVED, All> IT IIAS SECONDED, TO RECESS THE MEETING FOR FIVE MINUTES. Motion Ayes: Nays: Abstain : Absent: carried. Council Members Koltay, Hathaway, Habenicht, Clayton, Yan Dyke None None None Kozacek, Byrne, The meeting reconvened at 9:55 p .m. Roll Call : Present : Absent: Council Members Hathaway, Koltay, Kozatek, Byrne, Habenicht, Clayton, Van Dyke None Various council members restated their Individual positions In regard to the amendment proposed by Ms. Habenicht; upon a call for the vote, the results were: Ayes: Nays: Abstain: Absent: Motion defeated. Council Members Kozacek, Habenicht Council Members Koltay, Hathaway, Byrne , Clayton, Van Dyke None None Addit i onal discussion ensued regarding the original motion for the Ordinance adopting the budget for the City of Englewood for the fiscal year 1990 . Council Member Koltay stated that this budget (even with all the cuts), for the first time since the half-cent sales tax increase went into effect, will be utiliz i ng the half-cent sales tax as a revenue source . Vote results to approve Consent Agenda Item 9(g) as follows : Ordinance No . 34, Series of 1989 (Council Bill No. 38, introduced by Council Member Koltay), entitled: AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1990. Ayes: Nays: Abstain : Absent: Motion carried. Council Members Koltay, Hathaway, Byrne, Habenicht, Clayton, Van Dyke Council Member Kozacek None None Englewood City Council Neet1ng November 20, 1989 -Page 10 (h) Council 8111 No. 39, introduced by Council Member Clay t ~n. was considered on second reading. COUNCIL MEMBER CLAYTON NOVEO, ANO IT WAS SECOfl>EO, TO APPROVE CONSENT AGDIIA ITEM 9 (h). Ordinance No. 35, Serles of 1989 (Council 8111 No. 39, Introduced by Council Me~ber Clayton), entitled: AN ORDINANCE APPROPRIATING HONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY 1, 1990, AND ENDING DECEMBER 31, 1990, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1990. Ayes: Nays: Abstain: Absent: Motion carried. JO . Public Hearing Council Members Koltay, Hathaway, Habenicht, Clayton, Van Dyke None None None Kozacek, Byrne, It was explained that no Public Hearing was scheduled this evening; however, a public forum Is to be held, the purpose of which Is to explain to the audience the proposed water rate Increase. T~erefore, the following motion was made: COUNCIL MEMBER HATHAWAY MOVED, ANO IT WAS SECONOEO, TO CHANGE AGENDA ITEM JO TO REFLECT THE NAME "PUBLIC FORUl'I" IS OPPOSED TO "PUBLIC HEARING" BECAUSE OF THE LEGAL OPINION THAT WE DO NOT REQUIRE A PUBLIC HEARING ON THIS PARTICULAR SUBJECT. Ayes: Nays: Abstain: Absent: Motion carried. Council Members Koltay, Hathaway, Kozacek , Byrne, Habenicht, Clayton, Van Dyke None None None Stu Fonda , Director of Utilities, presented data concerning the proposed water rate increase for the benefit of the audience . Hand -outs were available which provided information concerning the necessity for the increase to provide funds for future water system development . He explained the increase is estimated to be 30%. Mayor Van Dyke informed the audience they would have the opportunity to address this item at the DPcembrr 4, 1989, City Council meeting. 11. Ordinances, Resolutions and Notions (a) A recoirmendatlon from the Planning and Zoning Connisslon to adopt a bill for an ordinance amending the Englewood Municipal Code's Sign Code section was considered . The Clerk was requested to read Council Bill No. 40, entitled : II I I I Englewood Ctty CouncH NHtlng November 20, 1969 • Page 11 COUNCIL BILL HO. 40, INTRODUCED BY COUNCIL MEMBER CLAYTON A Bill FOR AH ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTION 19, ENGLEWOOO MUNICIPAL CODE 1985, COMPREHENSIVE ZONING ORDINANCE, REGARDING THE SIGN CODE. COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL BILL NO. 40, SERIES OF 1989. Richard Wanush, Director of Connuntty Oevelol)tllent, presented background information concerning the recoanendatton from the Planning and Zoning Commission. Mr . Wanush noted that these changes to the Comprehensive Zoning Ordinance require a public hearing before the City Council; consequently, Mr. Wanush recollll'lended that tf the Council 8111 ts approved on first reading that further discussion of these changes be made at that pub l ic hearing. He reco11V11ended the date of December 18, 1989 for the public hearing. Mr. Wanush responded to various questions. Vote results on approval of Council Bill No . 40: Ayes: Nays: Abstain; Absent: Motion carried. Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke None None None MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO SET A PUBLIC HEARIN& FOR DECEMBER 18, 1989, FOR CONSIDERATION OF AMENDMENTS TO SECTION 16-4-19, OF THE ENGLEWOOD MUNICIPAL SIGN CODE. Ayes : Council Members Koltay, Hat~away, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carried. (b) Director of Community Development, Wanush presented a recommendation from the Planning and Zoning Corrmisslon to adopt a bill for an ordinance approving the resubdivision of Yale/Tejon Industrial Park and an adjoining unplatted parcel to be known as Natkin Industrial Park . The Clerk was asked to read Council Bill No. 41, entitled: COUNCIL BILL NO. 41, INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE APPROVING THE RESUBDIVISION OF A PORTION OF THE YALE-TEJON INDUSTRIAL PARK AND TO SUBDIVIDE THE UNPLATTED PORTION OF THE SITE TO BE KNOWN AS NATKIN INDUSTRIAL PARK. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE ON FIRST READING COUNCIL BILL NO. 41, SERIES OF 1989. Mr . Wanush provided additional infol"llation regarding the resubdlvision and the plat. He explained that this would allow the sale of property, anJ would not expand the ability to build, nor Increase the density, and that the zoning Englewoocl C1ty council Neetfng November 20, 1989 • P1ge 12 would remain the same. Ayes: Nays: Abstain: Absent : Motion carried. Vote results: Council Members Koltay, Hathaway, Kozacek, l1rne, Habenicht, Clayton, Van Dyke None None None (c} Director Waggoner, Public Works, presented• reco11111end1tion to adopt a bill for an ordinance approving a contract with the Colorado Departinent of Highways on Santa Fe linprovHM!nts. The Cl~rk was asked to read Council Bill No . 43, entitled: COUNCIL BILL NO. 43, INTROOUCEO BY COUNCI L MEMBER KOZACEK A BILL FOR AN ORDINANCE APPROVING FIRST SUPPLEMENTAL CONTRACT WITH THE STATE DEPARTMENT OF HIGHWAYS IN CONJUNCTION WITH THE SANTA FE AND DARTMOUTH IMPROV£MENTS. COUNCIL MEMBER KOZACEK MOVED, AND IT WAS SECONDED, TO APPROVE ON FIRST READING COUNCIL BILL NO. 43, SERIES Of 1989. Ayes: Council Member Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyk~ Nays : None Abstain: None Absent: None Motion carried . (d} Director Wa nush, Community Development, pr esented a recommendation to adopt a resolut i on approv i ng the Rental Rehabilitation Program Appl i cation for Fisc al Year 1989. The Resolution was assigned a number and read by title: RESOLUTION NO. 60 , SERIES OF 1989 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, THROUGH ITS DEPARTMENT OF COHMUNITY DEVELOPMENT, TO FILE AN APPLICATION FOR THE FISCAL YEAR 1989 RENTAL REHABILITATION PROGRAM FUNDS FOR THE HOUSING REHABILITATION PROGRAM. COUNCIL MEMBER KOLTAY MOVED, ANO IT WAS ~ECOIIJED, TO APPROVE RESOLUTION NO. 60, SERIES OF 1989. Ayes : Nays: Abstain : Absent : Motion carried . Council Members Koltay, Hathaway, Habenicht, Clayton, Van Dyke None None None Kozacek, Byrne , (e) Director Stanley, Safety Services, presented a recommendation to adopt a resolution establ ishing an experimental Safety Services Division Chiefs Program. After explanation and discuss i on, the Resolution •as assigned a number and read by title: I I I I Englewood Ctty Council lleettng November 20, 1989 -Page 13 RESO t.UTION NO. 61, SERIES OF 1989 A RESOLUTION FOR THE ESTABLISHMENT OF AN EXPERIMENTAL PROGRAM : TO APPOINT ONE POLICE DIVISION CHIEF POSITION OUTSIDE THE CLASSIFIED SERVICE OF THE CAREER SERVICE SYSTEM, AND TO ESTABLISH A POSITION OF FIRE DIVISION CHIEF OUTSIDE THE CLASS IFIED SERVICE OF THE CAREER SERVICE SYSTEM. COUNCIL NEJIBER KOLTAY MOVED, AND IT IIAS SECONOED, TO APPROVE RESOLUTION NO- ~l, SERIES OF 1989. Ayes: Nays: Abstain : Absent : Hot 10,, carr1 ed . Council Members Koltay, Hathaway, Habenicht, Clayton, Van Dyke None None None Koz.acek, Byrne, (f) Director Fonda, Utilities, presented a recDIIIIH!ndatlon from the Bi -City Wastewater Treat111ent Plan t to approve by mtion a long-term lease f or over -the -road tractors with Ryder Truck Rental. Oiscuss •ion ensued . COUNCIL MENSER HATHAWAY MOVED, AHO IT IIAS SECONDED, TO APl'ROVE 8Y MOTION A LONG TERM (FIVE YEAR) LEASE FOR OVER-THE-ROAD TRACTORS 111TH RYDER TRUCK !':ENTAL. Ayes : Nays : Abstain: Absent: Motion carried. 12. C!ty Manager•~ Report Counc i l Members Koltay, Hathdway , Kozatek, Byrne , Habenicht , Clayton, Van Dyke None None None Hr . Fraser presented inf~l'"ffla ~ion and stat !~t ics from the Department of Safety Services, Fire D1vlsi (!J ,.,-,.,, '11d to the decis i on to consider the temporary closure of the Federal ~-,.: .:t ion. 13. Ctty Attorney's Re~urt (a) Hr. DeW i t t informed Counc i l that Omnibank University Hills has f il e1 suit against the Ci ty of Englewnod and the Board of Adjustment and Appeals . H~ requested authority to answer the compla i nt and provide Counc i l wl th a sunrnary of the suit at the next meet i ng. COUNCIL NENBER CLAYTON MOVED, AND IT WAS SECONDED, TO AUTHORIZE THE CITY ATTORNEY TO DEFEND THE crn IN THE ABOVE MATTER. Ayes: Council Menbers Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: none Absent: None Motion carried. Englewood City Council Meeting November 20, 1989 -Page 14 (b) Council was informed the City had rece i ved a protest with respect to residency requ i re~ents for council members. Mr . DeWitt made a recommendation that no action be taken in that regard. Council Member Kozacek inquired as to the reason for that recommendation. Hr. DeWitt stated that the Colorado Supreme Court has establ i shed the maximum residency requirement for the minimum that a City can establish as one year . He fe l t that the three year requirement as set forth In our City Charter prohab l y Is a violation of the civil rights of the citizens of Englewood . Discussion ensued. COUNCIL MEMBER HATHAWAY MOVED, ANO IT WAS SECONDED, FOR THE CITY ATTORNEY TO PURSUE A DECLARATORY JUOGMENT FROM THE DISTRICT COURT IN THE IIATTE1l OF RESIDENCY AS FAR AS CANDIDATES FOR PUBLIC ELECTION IN THE CITY OF ENGLEVOOD. Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent : None Motion carried . (c) Mr. DeWitt circulated a letter of appreciation from the Association of Code Enforce~ent Off i cials to Daniel Brotzman . COUNCIL MEMBER KOZACEK MOVED, AND IT WAS SECOfllEO, TO ACCEPT THE LffiER OF APPRECIATION RECEIVED BY ASSISTANT CITY ATTORNEY BROTZMAN, Ay es: Council Members Koltay, Hathaway, Kozacek, Byrne , Haben i cht, Clayton, Van Dyke Nays: None Abstain : None Absent: None Motion carried . 14. Ge neral Discussion (a) Mayor 's Choice (I) Mayor Van Dyke re~i nded the new City Council members that there would be a brief meeting, illllledlately following the Council meeting, to di scuss the appointment of Mayor and Mayor Pro Tem for 1990 -1 991. She stated the meeting was open to the press. (ii) Mayor Van Dyke read a statement Into the record concerning the recent election, complimenting Mr. Berlin, and reiterating her promises made to the community during her cal!lpa1gn. (b) Council Member's Choice (I) Council Member Hathaway requested Agenda item 14 (b} (i), a resolution stating Englewood 's support for E-911 service in the City of I I I I EnglMIOOd City Council Meeting November 20, 1989 -Page 15 Englewood and throughout Arapahoe County, be assigned a number and read by title: RESOLUTION NO. 62, SERIES OF 1989 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD STATING SUPPORT FOR E-911 SERVICE IN THE CITY Of ENGLEWOOO ANO THROUGHOUT ARAPAHOE COUNTY. COUNCIL "EMBER HATHAWAY NOYED, Ml IT WAS SECONOEO, TO APPROVE RESOLUTION NO. 62, SERIES OF 1989. Ayes: Nays: Abstain: Absent: Mot i on carried . Council Members Koltay, Hathaway, Habenicht, Clayton, Van Dyke None None None Kozacek, Byrne, (ii) Council Member Hathaway requested Agend a Item 14 (b) (11), a resolution appointing Anna Chavez to complete a term o~ the Englewood Downtown Development Authority, be assigned a number and r ~ad by tttle : RESOLUTION NO. 63, SERIES OF 1989 A RESOLUTION APPOINTING AN l~A CHAVEZ TO COMPLETE A TERM ON THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. COUNCIL "EMBER HI.THAWAY "OYED, AHO IT WAS SECONDED, TO APPROVE RESOLUTION NO. 63, SERIES OF 1989. Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht , Clayton, Van Dyke Nays: None Absta i n: None Absent: None Motion carried . Ms . Chavez's appointment is effective immediately with an expiration date of June 30, 1992. (Iii) Council Member Clayton requested Agenda item 14 (b) (11 1), a resolution authorizing a reward of ftve thousand dollars for tnfon,at1on leading to the arrest and conviction of any person stealing campaign signs for Englewood Munic i pal Election, be assigned a number and read by title: RESOLUTION NO . 64, SERIES OF 1989 A RESOLUTION AUTHORIZING A REWARD OF FIVE THOUSAND DOLLARS FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF ANY PERSON STEALING CAMPAIGN SIGNS FOR AN ENGLEWOOD MUNICIPAL ELECTION. COUNCIL ME"BER CLAYTON MOVED, AND IT WAS SECONDED TO APPROVE RESOLUTION NO. 64, SERIES OF 1989. COUNCIL MEMBER HATHAWAY NOVED, ANO IT WAS SECOl«>EO TO MOO THE REWARD ANOUNT TO $500,00. Englewood City Council fleeting November 20, 1989 -Page 16 Discussion ensued concerning the dollar amount of the reward. Vote results: Ayes: Council Members Ko lt a-1 Hathaway, Byrne Nays: council Members Koza \•!:, Habenicht, Clayton, Van I Dyke Abstain: None Absent: None Motion to amend was defeated. COUNCIL MEMBER CLAYTON MOVED, TO AMEND THE REWARD ANOllfT TO $1000.00. The motion died for lack of a second . Various Council Members expressed their opinions. Vote results on the original mot i on: Ayes: Council Member Clayton Nays: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Van Dyke Abstain: None Absent : None Motion defeated; Resolution No. 64, Series of 1989, did not carry. Council Member Clayton stated that he felt the theft of the s i gns does fundamental damage to our democratic process. Discussion ensued. (iv) Council Member Clayton requested Agenda Item 14 (b) (iv), a resolution requesting the National League of Cities to sup~~:·~ ~he management and beneficial use of municipal sewage sludge rather than disposal, o~ assigned a number and read by title: RESOLUTION NO . 65, SERIES OF 1989 A RESOLUTION REQUESTING THE NATIONAL LEAGUE or CITIES TO SUPPORT THE MANAGEMENT AND BENEFICIAL USE OF MUNICIPAL SEWAGE SLUDGE RATHER THAN DISPOSAL . Coun ci l Member Clayton explained he understands the City of Littleton plans to pass a similar resolution as well so both resolutions can be sent to the National League of Cities to advance the position that sewage sludge and Its disposal should be cons i dered on a site by site basis , rather than on a national guideline basis . COUNCIL NEHBER CLAYTON MOVED, AND IT IIAS SECONDED, TO APPROVE RESOLUTION NO. 65, SERIES OF 1989. Ayes: Nays: Abstain: Absent: Motion carried. Council Members Koltay, Hathaway, Habenicht, Cliyton, Van Dyke None None None Kozacek, Byrne, I I Englewood City Council llletlng November 20, 1989 -P1ge 17 (v) Council Member Hathaway mentioned she had recently attended a meeting of the Hetro Denver Citizens League and will share, when possible, information on how Englewood citizens may join the organization. Ms. Hathaway explained that the purpose of the 01"9anlzation is to further regional activities from an apolitical standpoint. (vi) Council Member Koltay questioned the procedure of servicing fire trucks at the servicenter. (vii) Council Member Habenicht presented five items: 1) presented two DRCOG issues to be voted on and asked for an evaluation from Clty staff and direction from City Council. 2) stated she had attended the meeting of the Business Professional Women's local chapter at which Sharon Winkle was honored as "Woman of the Year". 3) stated she had participated in the Englewood Public Library ope n house . 4) commended the Utilities Department for the innovative program on the water main maintenance and rehabilitation prograM, 5) complimented Jennifer Oounay, youth Parks and Recreation Co!lfflission member, on her participation with the Cultural Facilities District on behalf of the drama program. 15, Adjournment COUNCIL HEHBER KOZACEK MOVED TO ADJOURN. The meeting adjourned at 11:35 p .m. I •/",'/ 'lt.t . Deputy City Clerk