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HomeMy WebLinkAbout1994-09-06 (Regular) Meeting MinutesENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session September 6, 1994 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Gulley at 7:34 p.m. 2. Invocation The invocation was given by Council Member Wiggins. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Gulley. 4. Roll Call Present: · Absent: A quorum was present. Also present: 5. Minutes Council Members Hathaway, Wiggins, Habenicht, Vormittag, Waggoner, Gulley Council Member Burns City Manager Clark Acting City Attorney Semple Assistant City Manager Reid City Clerk Ellis Director Esterly, Public Works Director Fonda, Utilities (a) COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 15, 1994. Ayes: Council Members Hathaway, Vormittag, Wiggins, Habenicht, Waggoner, Gulley Nays: None Absent: Cowicil Member Bums Motion carried. 6. Pre-scheduled Visitors (a) Rich Chavez, Community Relations Liaison from the Rocky Mountain News, introduced Diane DeTuerk of Conoco, Inc. Ms. DeTuerk stated that Conoco would like to contribute $250 worth of gas coupons to help operate the bookmobile for one quarter year, as well as three more like contributions to cover a full year. Council Member Hathaway asked for clarification as to whether the year in question will be 1995, since the bookmobile committee has until the end of this year to raise funds. Englewood City Council September 6, 1994 Pagel Ms. DeTuerk confirmed that the four payments can be in 1995. Mayor Gulley expressed appreciation for Conoco's thoughtful contribution. Council Member Habenicht recognized the chairperson of the Save the Bookmobile Committee, Kristen Anderson, and other members of the committee in the audience. Council Member Hathaway asked if Conoco will want the contribution returned if enough money is not raised to operate the bookmobile in 1995. Ms. DeTuerk responded that Conoco currently has a Kids Now program operating which supports education. She suggested that, since the Library and the bookmobile both support that endeavor, the money should be used by the Library as the City sees fit to help the community. She also related that Conoco has sites available that will support fund raising for the bookmobile. (b) L. W. Fowler, Englewood citizen, was present to discuss Cedar Mountain. He expressed dissatisfaction with the handling of events leading up to the recent fire and resulting water problems. He related that he first contacted the City in October, 1990 to have the shingle operation stopped. He does not feel the City adequately responded to his concerns. He complained about "overkill" by the Fire Department in putting out the fire. Council Member Hathaway requested that Mr. Fowler be supplied with a chronology of the City's actions regarding Cedar Mountain since October, 1990. She pointed out that Cedar Mountain is a private entity. (c) Teresa Heidrick, Englewood citizen, discussed Englewood's water quality. She offered Council a sample of water drawn from her tap on August 24, 1994, the day after she was told the water was drinkable. She expressed dissatisfaction with the delay in informing the citizens that they should not drink the water and complained about many aspects surrounding the handling of the water situation after the Cedar Mountain fire. She stated that she was not able to use the water for drinking, bathing, watering her lawn and garden or to give to her pet. She repeatedly stated that the water was poison. She expressed distrust in the City regarding the future quality of the water. Mayor Gulley assured Ms. Heidrick that the water was safe for all those purposes and that the public was kept apprised of the problems as soon as they became apparent. She stated that the water was never poisoned. Ms. Gulley offered an explanation of Ute City's response to the situation and the City's water system. Mayor Gulley suggested that Ms. Heidrick may benefit by receiving the chronology offered to Mr. Fowler. Council Member Hathaway suggested that Mr. Fowler and Ms. Heidrick consider taking a tour of the Allen Filter Plant to see first hand how the water is processed. Council Member Hathaway stated that the City subscribes to all Federal Water Quality Regulations required of the plant. Council Member Vormittag requested that Ms. Heidrick be included on the mailing list for the City BrieIB. . (d) Todd Stone, of Leisure Design Systems, Inc., discussed the bid award for the Floating Dock System at Centennial Park. He feels his bid meets or exceeds' all the requirements and specifications with the exception of utilization of foam filler inside the dock sections to provide flotation. He cited non- specific environmental concerns associated with use of foam and explained that Leisure Design Systems, Inc. achieves flotation through a system of chambers which capture air. He quoted a specification listed in the bid package which states that environmentally sound packaging will be given preference when all Englewood City Council September 6, 1994 Pagel other evaluation criteria is deemed equal. He stated his company's bid was nearly $18,000.00 lower than the accepted bid and he feels this is an unnecessary expenditure of taxpayers' dollars. Responding to Council Member Waggoner, Mr. Stone stated that neither product manufacturer meets every specification exactly and agreed that Leisure Design Systems, Inc. pier does not achieve flotation by a positive means such as encased foam. He expressed his belief that a double standard was applied with the statements in the specifications regarding Englewood's environmental consciousness because the environment is the specific reason that his company does not use foam. · Mayor Gulley invited Mr. Stone to remain for the discussion of this issue under Agenda Item l la; 7. Non-scheduled Visitors There were no non-scheduled visitors. 8. Communications, Proclamations and Appointments (a) A proclamation declaring the week of September 17 through September 23, 1994 as Constitution Week was considered. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING THE WEEK OF SEPTEMBER 17 THROUGH SEPTEMBER 23, 1994 AS CONSTITUTION WEEK. Ayes: Council Members Hathaway, Vormittag, Wiggins, Habenicht, Waggoner, Gulley Nays: None Absent: Council Member Burns Motion carried. 9. Public Hearing No public hearing was scheduled before Council. 10. Approval on Second Reading There were no items on second reading. 11. Ordinances, Resolutions and Motions (a) Director Esterly presented a recommendation from the Department of Public Works to approve, by motion, the purchase of a floating fishing pier for Centennial Park from Recreation Systems/Recreation Plus Ltd., the lowest acceptable bidder, in the amount of $52,066.00. Council previously approved an intergovernmental agreement with the State of Colorado Fishing is Fun grant program for a project totaling $83,075.00. The total project amount includes a match of $40,000.00 by the City of Englewood which is budgeted in the 1994 Conservation Trust Fund Lottery Fund. Responding to Council Member Hathaway, Mr. Esterly stated that the project was previously pulled from the agenda as a result of Mr. Stone's concerns in order to review the information he presented, postponing the project three weeks. After review, Mr. Esterly does not believe the Leisure Design Systems, Inc. bid meets the City's needs. Council Member Habenicht asked why the specification regarding a positive means of flotation was included. Mr. Esterly related that the existing dock has foam encased in aluminum cylinders as a positive flotation device and the City is very satisfied with its performance. It has not been injurious to the Englewood City Council September 6, 1994 Page4 environment and is relatively maintenance free. Mr. Esterly feels the Recreation Systems/Recreation Plus Ltd. pier will carry the loads specified in the bid documents. Council Member Hathaway asked if the City has any experience with the trapped air type pier, to which Mr. Esterly responded that the City does not. In response to Council Member Habenicht, Mr. Esterly stated.that, after personally reviewing the material in the trapped air buoyancy, he does not feel it has enough buoyancy, without the trapped air, to hold up the loads that will be imposed. In response to Council Member Hathaway, Mr. Esterly advised the City did not offer to re-bid the entire project in order to allow Leisure Design Systems, Inc. the opportunity to re-bid using a foam system. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT WITH RECREATION SYSTEMS/RECREATION PLUS LTD. IN THE AMOUNT OF $52,066.00 FOR THE PURCHASE OF A FLOATING FISHING PIER FOR CENTENNIAL PARK. Ayes: Nays: Absent: Motion carried. Council Members Hathaway, Vormittag, Wiggins, Habenicht, Waggoner, Gulley None Council Member Burns (b) Director Esterly presented a recommendation from the Department of Public Works to adopt a resolution authorizing an agreement with the Colorado Department of Transportation (CDOT) for possession and use of a parcel of City-owned land at the Englewood Golf Course. Mr. Esterly related approval of this resolution will allow COOT to begin construction of South Natches Court while the City continues to negotiate with COOT to determine the fair market value of the property. Council Member Waggoner asked if COOT is willing to perform any mitigating services. Mr. Esterly stated that niay yet be negotiated. The resolution was assigned a number and read by title: RESOLUTION NO. 75, SERIES OF 1994 A RESOLUTION AUTHORIZING A POSSESSION AND USE AGREEMENT NECESSARY FOR THE CONSTRUCTION OF SOUTH SANTA FE AND OXFORD, BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE COLORADO DEPARTMENT OF TRANSPORTATION. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECOND.ED, TO APPROVE AGENDA ITEM 11 (b) -RESOLUTION NO. 75, SERIES OF 1994. Ayes: Council Members Hathaway, Vormittag, Wiggins, Habenicht, Waggoner, Gulley Nays: None Absent: Council Member Burns Motion carried. (c) Director Fonda presented a recommendation from the Water and Sewer Board to adopt a bill for an ordinance approving a license agreement with the City of Littleton to cross the City Ditch with a concrete pan. Mr. Fonda explained that this is a standard agreement where the City of Littleton needs to cross the City Ditch for storm water run-off. The City of Littleton will place a reinforced concrete pipe and then lay a drainage pan over it and will assume all liability for their actions, Englewood City Council September 6, 1994 Page5 Council Member Waggoner questioned whether there would be a chance of storm water getting into the ditch. Mr. Fonda felt storm water would not get in the ditch, even in a large storm. Discussion ensued. The City Clerk was asked to read Council Bill No. 49 by title: COUNCIL BILL NO. 49, INTRODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL LICENSE AGREEMENT BETWEEN THE CITY OF LITTLETON, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO FOR THE CONSTRUCTION OF A CONCRETE PAN AND RCP TO BE INSTALLED OVER THE CITY OF ENGLEWOOD'S RIGHTS-OF-WAY FOR THE CITY DITCH. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) -COUNCIL BILL NO. 49. Ayes: Council Members Hathaway, Vormittag, Wiggins, Habenicht, Waggoner, Gulley Nays: None Absent: Council Member Burns Motion carried. (d) Acting City Attorney Semple presented a recommendation from the City Attorney's office to adopt a resolution calling for a Special Election pursuant to Section 137:6, Impasse Resolution Procedure established by the Home Rule Charter of the City of Englewood, relating to the Englewood Police Benefit Association. Mr. Semple related that negotiations between the Englewood Police Benefit Association (EPBA) and the City ended in impasse. Subsequently, the EPBA filed a letter of dissatisfaction with the Mayor indicating disagreement with the Career Service Board's recommendation on compensation and retirement benefits. By Charter, Council is then required to call a special election and place the final positions of the union, the City, and the recommendation of the Career Service Board on the ballot. He stated the proposed resolution calls for the question to be placed on the November 8, 1994 ballot. Responding to Council Member Hathaway, Mr. Semple stated that the proposed resolution was not reviewed by the Englewood Police Benefit Association. He also responded that, by Charter, the City will bear the full cost of the election. Election costs were discussed. The resolution was assigned a number and rea.d by title: RESOLUTION NO. 76, SERIES OF 1994 A RESOLUTION CALLING FOR A SPECIAL ELECTION PURSUANT TO SECTION 137:6, IMPASSE RESOLUTION PROCEDURE, ESTABLISHED BY THE HOME RULE CHARTER OF THE CITY OF ENGLEWOOD, COLORADO, RELATING TO THE ENGLEWOOD POLICE BENEFIT ASSOCIATION/FRATERNAL ORDER OF POLICE LODGE #22. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (d).:. RESOLUTION NO. 76, SERIES OF 1994, Council Member Hathaway clarified that the boxes next to the questions will be blank on the ballot, even though they appear checked on the resolution. Ayes: Council Members Hathaway, Vormittag, Wiggins, Habenicht, Waggoner, Gulley Englewood City Council Septembe1· 6, 1994 Page6 Nays: Absent: Motion carried. 12. General Discussion (a) Mayor's Choice None Council Member Burns Mayor Gulley stated that council bills regarding maintenance agreements with other governmental entities, which were tabled in April, will be brought from the table at the next re~ar City Council meeting. Copies of the council bills, and an overview of answers to questions, will be included in the packet prior to the next study session. Further requests for information should be made known prior to the council bills being brought from the table. Council Member Waggoner asked the City Manager to review the council bills and analyze them with reference to manpower and costs. (b) Council Member's. Choice (i) Council Member Habenicht asked why a sign announcing a Public Hearing for a drainage matter in the City of Littleton was placed in the City of Englewood. The sign is located on South Santa Fe Drive, south of Cedar Mountain, just inside the city limit sign. (ii) Council Member Waggoner expressed appreciation to staff for contacting the State Highway Department regarding graffiti on the bridge at U. S. Highway 285 and South Santa Fe Drive. 13. City Manager's Choice City Manager Clark did not have any matters to bring before Council. 14. City Attorney's Choice Acting City Attorney Semple did not have any matters to bring before Council. 15. Adjournment COUNCIL MEMBER HA TBA WAY MOVED TO ADJOURN. The meeting adjourned at 8:33 p.m.