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Home My WebLink About1989-01-03 (Regular) Meeting MinutesI I Call to Order ENSLEIIOOO CITY COUNCIL ENSLEWOOD, ARAPAHO£ COIMTY, COLORADO Regular Sessfon January 3, 1989 The regular meeting of' the Englewood City Council was ca.lled to order u.)' tl~yor Van Dyke at 7:33 p.m. ~-Invocation The Invocation was given by Council Member Kohay. ~ Pledge of Allegiance Th~ Pledga of Allegiance was led by Mayor Yan Dyke. 4 . Roll Call Present: Council Members Hathaway, Koltay, Kozacek, llyl'l,e. Habenicht, Clayton, Van Dyke Absent: None A ~uorum was present . Also present : Acting City Manager Vargas City Attorney DeWitt Citv Clerk Cl"Ow Director Wanush, Conwnunity Development Dlrecto~ Ragland, Engineering Services (a) COUHcIL MENIER KOZACEK NOtm, COUNCIL NOIBER BYRNE SECOhlJED, TO APPROVE THE MINUTES OF THE REGULAR NEETJNG OF DECEMBER 12, 1988, Ayes: Council Nenbers Koltay, Hathaway, Kozacek, Nays: Abstain : Absent: Motion carried . Habenicht, Van Dyke None Council Member Clayton None B_vrnll, (b) COUNCIL NDIBEA ICOZACEK MOVED, COUNCIL MENIER BYRNE SECINlm, TO APPROVE THE MINUTES OF THE REGULAR NEETINII OF DECDIBER 19, 1988. Ayes: Council MelltH!r~ Koltay, Hathaway, Koracek, Byrne , Habenicht, Clayton, Van Dyke Englewood City Council N1nutes January 3, 1989 • Page 2 Nays: None Abstain : None Absent: None Motion carr i ed. 6. Pre-scheduled Visitors There were no pre-scheduled visitors. 7 . Non-scheduled Visitors (a) Eleanor Dunn, 3419 South Pennsylvania Street, addressed Council concerning the alley and street closing proposed by Swedish Medical Center. She wished to present a petition she circulated in opposition to the c l osures. Mayor Van Dyke reQuested that the pet it Ion be presented at the publ fc hearing wh i ch is scheduled for January 16, 1989, In order for t ha t information to be an official part of the public hear i ng record . 8. Connunlcat1ons and Procluaattons (a) COIIICIL MENSER ICOZACE( NOVED, COUNCIL NfJIBER CLAYTON SECONDED, TO RECEIVE A LffiER FRON DOYET J. BARBRE ADVISING THAT HE DID NOT PLMt TO SEEK REAPPOINTIIENT TO THE PLANNING AND ZONING COMMISSION. Ayes: Council Members Koltay, Hathaway , Kozacek, Byrne, Haben i cht, Clayton , Van Dyke Nays : None Abstain: None Absent : None Motion carried. 9. Consent Agenda COUNCIL NENBER KOLTAY MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO ACCEPT CON- SENT AGENDA ITEMS 9 (a) THROUGH (d): (a) Minutes of the regular meetings of the Englewood Downtown Deve l op- ment Author I ty of November 9, December 7, 1988, and the special meet i ng of November 28, 1986. (b) Minutes of the Library Adv i so r .v 8oard meet i ng of December 13, 1988 . (c) Minutes of the LiQuor Licensing Authority meetings of December 7 and 21 , 1988 . (d) Minutes of the Englewood Urban Renewal Authority mee t ing of Dece m- ber 7, 1988 . Ayes : Nays: Abstain: Absent: Motion carried. Council Members Koltay, Hathaway, Habenicht, Clayton, Van Dyke None None None Kozacek, Byrne , COUNCIL NEM8ER BYRNE NOVED, COIIICIL NENBER HABENICHT SECONDED, TO APPROVE CON• SENT AGENDA ITEIIS 9 (e) ANO (f): I I I I Englewood City Council Ntnute1 January 3, 1989 -Pap 3 (e) Ordinance No. J, Series of 1989, Introduced by Council Member Kozatek, entitled : AN ORDINANCE APPROVING AN AMENDMENT TO THE AGREEkENT BETWEEN THE CITY OF EN - GLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY AND GRANTING TO ENGLEWOOD HOUSING AUTHORITY $190,000 FOR ADMINISTRATION OF THE HOUSING REHABILITATION PROGRAM. ( f) Ordinance No . 2, Series of 1989, introduced by Council Member HabP.nicht, entitled : AN ORDINANCE APPROVING RENEWAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND CENTRAL COLORAOO LIBRARY SYSTEM FOR PARTICIPATION IN THE CENTRAL COLORADO LIBRA Y SYSTEM PUBLIC LIBRARY RECIPROCAL BORROWING PROGRAM . Ayes: Nays: Abstain: Absent: Hotton carried . 10. Public Hearing Council Helllbers Koltay, Hathaway, Kozacek, Byrne , Habenicht, Clayton, Van Dyke None None None No public hearing was scheduled. IJ. Ordinances, Resolutions and Motions (a) Acting City Manager \'argas presented a recomnendation to adopt a Bill for an Ordinance a~ending the [nglewood Municipal Code to effect a con- solidation of the Finance and Employee fcelations Departments to be known as the Department of Administrative Services. He explained this would result In a savings of SSS,000 and would have no negative Impact upon the operations of the adml~istratlon of the City. COUNCIL BILL NO. I, INTRODUCED BY MAYOR YAN DYKE, WAS READ BY TITLE: A Bill FOR AN ORDINANCE AMENDING TITLE 1, CHAPTER 6 , ENGLEWJOD MUNICIPAL CODE 1985, DEPARTMENTAL ORGANIZATION OF THE CITY OF ENGLEWOOD . MYOR YAN DYKE MOIIED, COUNCIL MEMBER KOZACEK SECOIIIED, PASSAGE OF COUNCIL BILL NO. 1, SERIES OF Jgeg. Ayes : Nays: Abstain : Absent : Motion carried. Council Members Koltay, Hathaway, Habenicht, Clayton, Yan Dyke None None None Kozacek, Byrne, (b) Ol r~ctor WHush presented a recmmiendation from the Dep1rt111ent of Co:m,unity Develop111ent to adopt a Bil ! for an Ordinance approving an easement for an existing encroachment at 1655 West Yale Avenue. Hr . Wanush explained Englewood City Council Minutes January 3, 1989 -Page 4 that tn 1976 an industrial building had been constructed which extended ap- proximately 5.4" into the drainage way easement. The property Is under pur- chue consideration and needs to be cleared to satisfy the title company's requirements. The encroachment has been reviewed by the Technical Review Com-I mittee and the Parks and Recreation Department, and It hiS been determined that the encroach~ent would have no adverse effect upon the drainage way ease- ment . Mr. Mills, property owner, was available to answer questions. COUNCIL BILL NO. 3, INTRODUCED BY MAYOR VAN DYKE, WAS READ BY TITLE: A BILL FOR AN ORDINANCE APPROVING AN EASEMENT FOR THE ENCROACHMENT OF A BUILD- ING AT 1655 WEST YALE AVENUE, ENGLEWOOD, COLORADO, INTO THE NORTHWEST ENGLE· WOOD DRAINAGE WAY. MAYOR VAN DYKE NOVEO, COUNCIL NENBER ICOZACEIC S[CONDEO, PASSAGE OF COUNCIL BILL NO. 3, SERIES OF 1989. Ayes: Nays: Abstain : Absent: Motion carried. Council Members Koltay, Hathaway, Habenicht, Clayton, Van Dyke None None None Kozacek, Byrne, ( c) Di rector Wanush presented a rl'commendat ion from th~ Department of Community Development and the Department of Engineering Services to adopt a Resolution authorizing the City to file an application for multi-purpose Small Cities Community Development Block Grant to fund Housing Rehabilitation and the Broadway Big Dry Creek Bridge lmprove11ent projects. Mr . Wanush provided uackground Information about the grant process and specific lnfonnation about the four programs which will be submitted. A. The Housing Rehabilitation portion consists of: I) 2) 3) 4) Mobile Home Rehab, Final Phase WAND Rental Un :ts Regular Rehab General Administr1tion Subtotal B. Improvements to Big Dry Creek Bridge $201,000 153,000 100,000 30,000 $484,000 116,000 Total Grant Application S600,000 . The Resolution was assigned a number and read by title : RESOLUTION NO. I, SERIES OF 1989 A RESOLUTIO.~ AUTHORIZING THE CITY OF ENGL(WOOD, THROUGH ITS DEPARTMENTS OF CUMMU~ITY DEVELOPMENT AND ENGINEERING SERVICES, TO FILE AN APPLICATION FOR A MULTI-PURPOSE SHALL CITIES COMHUNITY DEVELOPMENT BLOCK GRANT TO FUND THE HOUS- ING REHABILITATION PROJECT AND THE BROADWAY BIG DRY CREEK BRIDuE IMPROVEMENT I I I En9lewo;;;f C1ty Counc:11 Ninutes January 3, 1989 • P191 5 PROJECT FOR THE CITY OF ENGLEWOOD, COLORADO, AND FOR ADOPTION OF THE CITIZEN PARTICIPATION PLAN. COUNCIL NEMIER KOZACEK MOVED, COUNCIL NENBER HATHAWAY SECONDED, TO RESOLUTION NO. l, SERIES OF 1989, Ayes: Council Nembers Koltay, Hathaway , Kozacek, Habenicht, Clayton, Van Dyke Nays : None Abstain: None Absent: None Motion carried. APPROVE Byrne, (d) Director Ragland presented a recOftlllendatlon from the Engineering Services Departmen t and the Uttl I ties Department lo adopt a Bill for an Or- dinance approv i ng the contract wtth the Colorado Department of Highways for design and construction of the rechannel lzatlon of little Dry Creek and re- placement of the waterline. Ms. Ragland explained this work was In conjunc - tion with the Improvements oetng made to the Dartmouth/Santa Fe i ntersection, and Includes upgrading of a 12" waterline to a 24" waterline as recommended by the Utilities Department and approved by the State Highway Department . Esti- mated costs of the Improvements is $575,000 . Funding was explained: $125,000 was appropriated in the 1988 Public lmprovenient Fund for the Little Dry Creek Rechannellzatlon constl·uctlon . An agreement for matching funds from Urban Drainage and Flood Control District was signed by the City in September , 1988. Colorado Department of Highways has agreed to fund ~125,000 of the estimated costs. The upgrading of the waterline ($31,045) will ~ paid from the Water Enterprise Fund . Responsibility dm, to a possible faillii-e :Jf the rechan- nelization was discussed, and the proposed design was explained. COUNCIL BILL NO. 2 , INTRODUCED BY COUNCIL MEMBER KOLTAY, WAS READ BY TITLE: A BILL FOR AN ORDINANCE APPROVING CONTRACT BETWEEN THE CITY OF ENGLEWOOD ANO THE STATE DEPARTMENT OF HIGHWAYS, DIVISIO~ OF HIGHWAYS, FOR DESIGN ANO CON - STRUCTION OF THE RECHANNELIZATION OF LITTLE DRY CREEK AND REPLACEMENT OF THE WATERLINE IN DARTMOUTH AVENUE. COUNCIL NEMBER KOLTAY NOVEO, COUNCIL NENBER KOZACEK SECONDED, PASSAGE OF COUH- Cll Bill NO. 2, SERIES OF 1989. Ayes: Council Members Koltay , Hathaway, Kozacek, Byrne , Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carried. (e) Director Ragland pres P.n ted a rec011111endatton fro111 the Engineering Services Department to adopt a Bi 11 for an Ord1 nance approving a Software Development Agreement with Arapahoe County for computer services . The need for the software in conjunction with paving district information was explained by Ms. Ragland; cost of the program would be a one-time charge of $I,372 . Discussion ensued concerning the advisability of the City developing i ts own Englewood City Council Minutes January 3, 1989 -Page e data base as well as util !zing the pror.>sed software program for Utilities billing . COUNCIL Bill NO. 4, INTRODUCED BY COUNCIL MEMBER HABENICH T, WAS READ BV TITLE: A BILI. FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD ANO ARAPAHOE COUN TY BOARD OF COUNTY COMMISSIONERS FOR COM- PUTER PROGRAM TO PROVIDE PROPERTY OWNERSHIP LISTS TO THE CITY FOR PAVING DISTRICTS. COIJJjCJL MEMBER HABENICHT MOVED, COUNCIL MEMBER BYRNE SECONDED, PASSAGE OF r.ouNCJL BILL NO. 4, SERIES OF 1989, Ayes : Council Heqbers Koltay, Hathaway , Kozacek, Byrne, Nays: Abstain : Absent · Mot i on carried. Habenicht , Clayton, Yan Dyke None None None (f) Director Ragland presented a reco11111endatlon from the Engineering DepartR1ent to adopt a Reso l ution approving a temporary easement with the Colorado Department of Highways for construction of Dartmouth/Santa Fe IR- provements. The Highway Department requires additional room to construct the improvements, and Ms. Ragland expla i ned that the temporary easement is for the area west of Cushing Park plus the current parking lots. The iraprovements will include rechannelization of Little Ory Creek, construction of the new railroad bridge, construction of the new Cushing Park park i ng lot, and removal of the ex i sting parking lots along Dartmouth. t he easement prov i des that after construct i on the improvements become the property of the Ci ty . Di scus- s i on ensued concerning the park i ng lots on Dartmouth. The Reso l ution was ass i gned a number and read by title : RESOLUTION NO . 2, SERIES OF 1989 A RESOLUTION APPROVING THE TEMPORARY EASEMENT AGREEMENT BETWEEN THE CITV OF ENGLEWOOD, COLORADO, AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGH - WAYS , STATE or COLORADO, FOR CONSTRUCTION PURPOSES IN CONNECTION WITH THE DARTMOU TH/SANTA FE IMPROVEMENTS. COUNCIL MEMBER KOZACEIC MOVED, COUNCIL MEMBER HATHA14AY SECONDED, TO APPROVE RESOLUTION NO. 2, SERIES OF 1989. COUNCIL MEMBER HATHi\WAV MOVED, COUNCIL NEMBER KOZACEK SECONDED, TO AMEND RESOLUTION NO. 2, SERIES OF 1989, TO ADD AN •s• AFTER •PARKING LOT" IN THE BODY OF THE RESOLUTION WHEREVER THERE IS A REFERENCE TO THE EXISTING PARKING L~TS LOCATED ON DARTMOUTH AVENUE, Ayes: Council Members Koltay, Hathaway , Kozacek , Byrne, Habenicht, Clayton, Van Dyke Nays : None Abstain: None Absent: None I I I I Engl.wood C1ty Counc11 Nlnutes January 3, 1919 -P191 7 Motion carried; Resolution amended. Further discussion ensued concerning the access route 1lternatlves from Dartmouth to Cinderella City. Vote results on Resolution No. 2 as a111ended: Ayes : Council Members Koltay, Hathaway, Koz;acek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carried. (g) Director Ragland presented a reconmendation from the Enginl!erlng Services Department to adopt a Resolution approving a license agreemen t with U. S. West Conmunications, Inc., for Installation of telephone conduit and buried cable in South Platte River Drive. Ms. Ragland explained th1s was also in conjunction with the i mprovements at Dartmouth and Santa Fe; U.S. West has requested pemission to Install conduit, buried cable and other appurtenances within the South Platte River Drive r i ght-of-way, Including attaching conduit to the bridge over Little Ory Creek . The license agreeHnt sets forth U. S. West's responsibilities and costs i f It becomes necessary to relocate the conduit. Tile Resolution was assigned a number and read by title: RESOLUTION NO . 3, SERIES OF 1989 A RESOLUTION APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND U. S. WEST COfot1UNICATIONS, INC., TO INSTALL A CONDUIT UNDER THE SOUTH PLATTE RIVER DRIVE BRIDGE AT LITTLE DRY CREEK. CDUNCJL MEMBER HATHAWAY MOVED, COUNCIL NENBER KOZACEK SECONDED, TO APPROVE RESO LUTION NO. 3, SERIES OF 1989. Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Cl ayton, Van Dyke Nays : None Abstain: None Absent : None Motion carried . • • * • • Ci ty Attorney DeW i tt advised Council that he had received notice from the City's Water Attorneys that they would like to reconsider proposed ac- tions set forth i n Agenda Items 11 (h), (1), and (j). Hr . DeWitt recom- mended tabling those agenda Items. Agenda Items 11 (h), (I), and (j) all pertained to the City's intent to appropriate, store, divert, and put to beneficial use previously unappropriated water. (Hr. DeWitt lnfor11ed Council he would advise the Water and Sewer Board of this action.) • • • • • Englewood City Counctl M\nutes January 3, 1989 -P11• B (h) COIIICIL MENIER KOZACEK NOVED, COIIICIL MENIER kOLTAY SECONDED, TO TABLE AGENDA ITEN ll(h), Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carried. (I ) COUNCIL MEDER KOZACEK MOVED, COUNCIL NENBER KOL TAY SECOIIIED, TO TABLE AGENDA ITEN 11(1). Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent": None Motion carried. (j) COUNCIL MENIER kOZACEK NOVED, COUNCIL MEMBER KOL TAY SECONDED, TO TABLE AGENDA IT£N ll(j). Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carri ed. (kl A Resolution establishing the City Attorney's salary for the calen- dar year 1989 was considered. Mayor Van Dyke announced the Council had agreed to a 2% i ncrease which would establish the salary at $61,480 . The Resolution was assigned a number and read by title: RESOLUTION NO. 4, SERIES OF 1989 A RESOLUTION ESTABLISHING ANNUAL SALARY FOR THE CITY ATTORNEY FOR THE CALENDAR YEAR 1989. COUNCIL MEMBER CLAYTON NOVED, COUNCIL MEMBER HATHAWAY SECONDED, TO APPROVE RESOLUTION NO. 4, SE IES OF 1989. Ay es : Council Members Koltay, Hathaway, Kozacek, Byrne , Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carried. 12 . City Manager's Report Hr. Vargas expressed his appreciation to Council for having appointed him Act- ing City Manager for the past eight and a half months. I I I I Englewood City Council Minutes January 3, 1989 -Paget 13 . City Attorney's Report Mr. DeWitt expressed his appreciation to Council for their support during 1988, and he hoped he wou 1 d prove worthy of their supp c,rt dur Ing 1989. 14. General Discussion (a) Mayor's Choice Mayor Van Dyke thanked Mr. Vargas for his efforts during his tenure as Acting City Manager . (b) Council Member's Choice (i) Council Member Kozacek Informed Council that at the next regu - lar meeting he would be sponsoring legislation relative to civilian employees of the Police Department and supervisory employees of the City being elig i ble to join certified un ions. (Ii) Council Member Clayton clarified he will not be entering Into any further contractual agreements with the Hous Ing Authority during his tenure as a Council Member due to potential conflicts of Interest. (Iii) Council Member Clayton suggested City Council consider send - ing a Council Member to the Waste Management seminar to be held in Florida and sponsored by National League of Cities. He offered to attend if Council so decided. The matter will be discussed in a future study sessfon. ( iv) Council Member Kozacek requested that alternatives to the transfer tax at the CDI transfer station be discussed . The subject was set for study session on January 29, 1989 . (v) Council Member Habenicht presented a Resolution opposing the placement of a toll on C-470. The Resolution was assigned a number and read In its entirety by the City Clerk: RESOLUTION NO . 5, SERIES OF 1989 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, STATING ITS OPPOSITION TO PLACING A TOLL ON THE USE OF C-470 TO FINANCE OTHER QUAD- RANTS OF THE 470 BELTVAY. COUNCIL MEIIBER HABENICHT MOVED, COUNCIL MEMBER CLAYTON SECOfllED, TO APPROVE RESOLUTION NO. 5, SERIES OF 1989. Discussion ensued about the manner of funding and tolls in general . It was clarified that the point being made was that the City opposed placing a toll on C-470 to finance other quadrants of 470. Vote results: Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke EngllWOOcl C1ty Counc11 N1Mltes January 3, 1181 -Page 10 Nays: None Abstain: None Absent: None Motion carried. 15 . AdJour,-nt COUNCIL NEMBER ICOZACEIC MOVED TO ADJOURN. , • 1 • .._,,c,0 <,_·L ,t_ City Clerk The meeting adjourned at 8 :37 p.m. I I