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HomeMy WebLinkAbout1989-02-21 (Regular) Meeting MinutesI I 1. Call to Order ENGLEWOOD CITY COUIIC IL EN&LEIIOOD, ARAPAHOE CotlfTY, COLORADO Re9uhr Session February 21, 1989 The regular meeting of the Englewood City Council was called to order by Mayor Van Dyke at 7:34 p.n. 2. lnvocat1on The invocation was given by Council Member Koltay. 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Van Dyke . 4. Roll Call Present: Council Members Hathaway, Koltay, Kozacek, Byrne, ~abenlcht, Clayton , Van Dyke Absent: None A quorum was present. Also present : 5. Minutes City Manager Fraser City Attorney DeWitt City C 1 erk Crow {a) COUNCIL MEMBER KOZACEIC MOVED, COUNCIL MEMBER KDLTAY SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 6, 1989. Ayes : Council Members Koltay, Hathaway, Kozacek, Habenicht, Nays: Absta i n: Absent: Motion carried. Clayton, Van Dyke None Council Member Byrne None 6. Pre-scheduled Visitors {a) John Krell Ing, 3131 South High Street, and George Allen, 2799 South Downing, were present and urged Council to reconsider their participation In the City's medical Insurance plan and to rescind the resolution appropriat i ng Englewood C1ty COunc11 Minute~ February 21, 1989 -Page 2 the funds for th i s cove r age . They presented a co11111unicatlon signed by 45 En- glewood residents i ndicating opposit i on to Council 's action i n this matter. Thc•y questioned the ethics Involved in this decision, stating t hat the Charter and State Statute prohibits the granting of an increase i n compensation during current terms of office. Discussion ensued with various Council me mbers stating the i r position. Mayor \Ian Dyke stated she would encourage furth•ir debate on the matter, ex - plain i ng that Council had spent considerable time looking at alternat ives to insuran ce coverage for Council members . Co unc 11 Member Habeni cnt s ated she had been surprised at the negat1,•e thoughts wh i ch had surfaced after Counc il 's decision on this matter. She was in favor of establishing a citizens panel to review the matter . Council Member Kozatek stated he did not feel th i s repre- sented compensation as it was simpl; a benefit that will protect Council from a financial burden if faced witn a severe medical problem. Mayor Van Dyke reiterated that as there appeared to be a number of citizens In the comm unity who oppose the position taken by Council , perhaps a citizens comm i tteP should look at alternatives . She did stress, however , that the majority of tne Coun - cil members feel the compensation Is justified. She did agree to the es- tablishment of a non -partisan task force to rev i ew the matter and to report their reconmendation to Council at this ye.r's budget retreat when Council would cons i der the 1990 budget appropriations. Council Member Clayton stated he appreciated Mr. Allen and Mr. Kreiling coming forward to bring these con • cerns to Council's attention. He offered to share with them information rela • tive to Section 89, IRS Code, relative to non-discrimination rules wnich could have a major impact on all employers who maintain benefit plans . He noted that failure to sa ti sfy these requirements and tests cou l d result i n adverse tax consequences for both the employer and hi s employees. He stated t hat it was his opinion that Sect i on 89 st i pulates that offi cers of the City are re - quired to receive benefits as well as anyone else on the CH y payroll. Coun- cil Member Hathaway suggested that the citizens committee should review Coun - cil 's total compensation package to determine what is approp r iate for Council. Mr. Kr e i ling and Mr. Allen restated their pos i tion and requested that Council recon s ider the i r decision . Council Member Koltay stated he was of the opinion that this benefit was always available for Council , prev i ous Counci l s as well as the current Council , and that th i s Council had dec i ded to select it. He felt there were j ustifiable reasons why Council sho uld partic i pate in the City 's insurance plan. Di scussion ensued about the selection of the non- partisan committee. COUNCIL MEMBER KOLTAY MOVED, COUNCIL MDIIIER CLAYTON SECONOED, THAT A FORMAL VOTE BE TAKEN TO REAFFIRM COUNCIL'S DECISION TO PARTICIPATE IN THE CITY'S IN- SURANCE PLAN. AN AYE VOTE MOULD REAFFIRM THAT PAR,1CIPATJON. Motion Ayes: Council Members Koltay, Hathaway, Kozacek , Habenicht , Nays: Abstain: Absent: carried. Clayton, Van Dyke Council Member Byrne None None I I I I Englewood Ctty Council Minutes February 21, 1989 • Page 3 NAYOR YAN DYlt£ IIOYED, COIMCIL IWIB£R CLAYTON S£COlll£D, TO PROCEED WITH FORM• TION OF A NON-PARTISAN CITIZEN COtlMITTEE TO STll>Y THE ISSUE OF COUNCIL IN· SURAIICE CONPPISATION MD TO REPORT IACX TO CITY COUNCIL PRIOR TO THE IUOGET RETREAT SCHEDULED LATE IN SEPTDIIER. Council Me•ber Kozacek reconnended that any citizen appointed to this corrmlt- tee should not be bi ased In the qatter, and be willing l ~ look at all facts prior to making a recom,nendation. COCIICIL MENIER HATHAWAY ROVED TO MDII TH£ NOTION TO IK.-'.,i..UDE THE IIHOL£ OF COIN:IL 'S CONP£NSATION PACICA&£, NOT ,JUST INSlllANCE. The amendment was acceptr.d by Mayor Yan Dyke and Council Member t\a_vt::-n , the makers of the original mr,tion. Council Member Byrne stated she was of the opinion th t: h wc uld be best to rescind Council's participation in the insurance plan lmiedlalely, not to wait for the results of the co11111ittee's reconnendat l on . Vote results on the motion as a111ended: Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne , Habenicht , Clayton, Van Dyke Nays: None Abstain: None Absent: None Mot i on carried . (b) Jack Arrowsmith, Englewood Jaycees, pr!!sented, a proposal for the 19B9 Fourth ~f July celebration. Hr. Arrowsmith ; ressed that such a celebra - tion should bring the co11111unlty together by city-w i de participation. He pro- vided Council with an overv~e111 of the event and requested Ci t:; Council 's sup- port as hlghl lghted in the proposal. A oroposed budget was presented which included a SS,000 contr i bution freq the City. Mayor Van Dyke assured Mr . Arrowsmith that Council would,~ ~illing to provide support to th ts effort, but she quest toned the City's ab11 tty to contrl bute funds In the amount of $8,000, and di d not feel a decision could be made at this time. Mr. Arrowsmith stated he 111as not expecting an Immediate response. The matter was discussed further, and it was concluded that there is definite i nterest on Council's part to reinstitute the Fourth of July as a celebration In Engle111ood . Staff was directed to work with the Englewood Jaycees to develop a more detailed, formal proposal . It was suggested that other clubs and organizations could be encouraged to become involved in this celebration. 7. Non-scheduled Vts1tors There were no non-scheduled visitors. 8 . Coauntcat1ons and Proclaaattons (a) A proclamation honoring Bev Doolittle, a fa110us artist who will be visiting Engle\llOod for a showing of her works, was considered. En911WOOd City Council Ninut•s F•bruary 21, 1989 -Page 4 IIAYOR YAN DYKE IIOYED, COUNCIL NEIIIIER HATHAWAY SECOIIIEIJ, TO DECLARE FEIRUARY 25, 1989, AS BEV DOOLITTLE DAY. Ayes: Council Members Koltay, H1thaway, Kozacek, Byrne, Habenicht, Clayton , Van Dyke Nays : None Abstain: None Absent: None Mot i on carried. (b) COIN:ll NE .. ER KOZACEK MOVED, COlllCIL NEIIBER BYRNE SECOIIIED, TO ACCEPT THE RESIGNATION OF ROSS CIIAVFORD FRON THE NOIIEIIEHENCY EMPLOYEES RE- TIREMENT BOARD . Ayes: Nays: Abstain : Absent : Counc i l He~bers Koltay, Hathaway, Habenicht, Clayton, Van Dyke None None None Kozacek, Byrne, Motion carried. 9 . Consent Agenda COUNCIL MEMBER KOLTAY NOV I:..,, -:..:>!Jft ;J L NDIIER CLAYTON SECONDED, TO ACCEPT COIi- SENT AGENDA ITEMS 9 (a) THROUGH (i,): (a) (b) (c) (d) (e) (f) (g) Minutes of the Board of Adjustment and Appeals meet i ng of January II , 1989 . Minutes of th e Englewood Downtown Devel opment Authority meetings of January 11 and 18, 1989 . Minutes of the Englewood Liquor licens i ng Authority meet i ng of February l, 1989. Hi nutes of the Nonemergency Ret1 rement Soard meet t ng of November 30, 1988. Minutes of the Park s and Recreation Connisslon meeting of January 12, 1989 . Minute of the Planning and Zoning Co11111lssion meeting of Febr uary 7, i r Min uses of Febr Ayes: Nays : Abstain : Absent: of the Englewood Urban Renewal Authority's annual meet i ng ary 1, 1989 . Council Me mb ers Koltay, !1athaway, Kozacek, Byrne, Habenicht, Clayton , Van D)ke None None None Mot ion carried. COUNCIL HD!BER CLAYTON IIOYED, COUNCIL MEMBER KOZACEK SECONDED, TO APPROVE CON - SENT AGENDA ITEMS 9 (h) AND (1): (h) Ordinance No. 6, Serles of 1989, introduced by Council Hetnber Kozacek, entitled : I I I I Englwood ctty eouncn Ntnutes Febru,•y 21, 1989 -Page 5 AN ORDINANCE APPROVING AH AGREEMENT WITH GEOLOGICAL SURVEY, UNITED STATES DE- PARTMENT OF THE INTERIOR, FOR JOINT FUNDING FOR WATER RESOURCES INVESTIGATIONS FOR STREAM-GAGING STATION AHO WATER QUALITY MONITOR ON SOUTH PLATTE RIVER AT ENGLEWOOD. (I) Ordinance No . 7, Serles of 1989, Introduced by Council Member Kozacek, entitled; AN ORDINANCE APPROVING THE CONTRACT ENTITLED "BYLAWS AND INTERGOVERNMENTAL AGREEMENT, COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY FDR WORKERS' COMPEN- SATION" BETWEEN CIRSA/WC AND THE CITY OF ENGLEWOOD. Ayes: Nays: ,\bstaln: Absent: Mot I on carri,ed. 10. Publ 'c Hearing Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke None None None Mayor Van Dyke called for a motion to reopen the public hearing which was Ini- tiated on ,ianuary 16, 1989, concerning a Planned Develop111ent for Swedish Medi- cal Center. COUNCIL IIEIIBER CLAYTON IIOVED, COUNCIL IIEIIBER KOZACEK SECONDED, TO REOPEN THE PUBLIC HEARINQ TO CONSIDER THE PLANNED DEVELOPMENT OF SWEDISH IIEDICAL CENTER. Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Absttin: None Absent: None Motion carried and public hearing reopened. Mayor Yan Dyke explained that a ;,umber of citizens had spoken during the pre- vious meeting, addressing the pros and cons of the Issue. She advised that basically the represenhtlves of Swedish and the attorney representing the Dunns were asked to present any aspect of the ~atter which was not addressed in the previous meeting . She also advised that If anyone present had new re lev.in t evidence, they would be gi v•m an opportunity to present It. All tes- timony was given under oath. Patricia Merck, Vice President and General Counsel of Swedish Medical Center, 501 East Ha111pden, advised th.it Swedish had complied with Council's previous direction to prepare and submit a brief setting forth the significant issues of the Planned Oevelop111ent and the vacations wliich are pending before Council. A copy of that brief was submitted for the record to the City Clerk . Ms. Merck stated th.it the brief had bF ,n filed previously with the Mayor and the City Attorney. She reported that Swedish had made every effort to comply with Council's other direction rehtive to mediation/arbitration of the issues between Mr. and Mrs. Homer Dunn .ind Swedish Medical Center. She submitted for Englewood City Council Nlnutes February 21, 1989 -Page S the record copies of correspondence between Swedish and the Dunns which Indi- cated that no mediation had bean agreed to by the Dunns and that no progress had been made as to the Dunns' objections to the proposed Planned Development. She advised Council that Swedish had made an offer for the Dunns' property, but that it had been rejected. In light of procedural Issues which have been raisej by the Dunns ' attorney, Mr. Huckeby, ~he requested, on behalf of Swedish, that Council remand these pr oceedings back to the Planning Connission , allowing Swedish the opportunity to cure or remedy whatever Matters might jeopardize the Planned Development. She advised Council that the Planning Commission's schedule would permit the Conrnlsslon to rehear the matter on March 21, 1989. She confirmed that no arbitration had taken place between Swedish and the Ounns. Richard Huckeby, attorney representing Eleanor and Hollll!r Dunn, came forward. He explained It had been necessary for him to be In Canon City on January 16. Hr. Huckeby applauded Swed I sh' s request to have the matter r1111anded back to the Planning Commission. He opined that the vacation of any street in the City was of connunlty Interest and that the citizens should be given ample notice of the City's Intent to vacate the alley In quest io n and Pennsylvania Street. He felt there had been ser i ous procedural problems with the public hearings. He tnfonaed Council that the Dunns did not feel they were In a position to mediate matters with Swedish . He joined Swedish In suggesting that this process be started over, cementing that Information might be deve l- oped which would assist Council in making a decision. Concerning Swedish's offer to purchase the D1.mns' property, he stated that even though the offer was generous, he had been Instructed by the Dunns that they did not wish to sell their property . They have lived there for over 30 years and wish to con- tinue to live there relatively undisturbed. He dtd not feel that the Dunns should be required to give up any rights for the convenience of another enterprise. Mayor Van Dyke asked if anyone was present with additional infor11ation which should be made part of the record of the public hearing . No one came forward. Council Hember Koltay expressed dismay about I) the hck of cooperation between the part i es and 2) the lawsuit which had been filed against the City. He stated he was ot pleased with the outcome. Council Member Kozacek asked both parties to seriously consider all aspects of this matter, stating that both parties should reconsider what they are doing, and how those actions will affect the community and the City . Hayor Van Dyke stated she was disappointed that the parties are no closer to agreement now than they were on January 16th. She felt it was apparent that both parties have indicated they wish to refer the Planned Development back to the Planning Commission. I I I I Englewood City Council Nlnutes February 21, 1989 -Page 7 COUNCIL NEIIBER CLAYTON NOVED, COUNCIL NEIIBER KOLTAY SECONDED, TO CLOSE THE PUBLIC HEARING. Ayes : Council Members Koltay, Hathaway , Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent : None Motion carried and public hearing closed. Kozacek, Byrne, COlKIL NEIIBER BYRNE MOVED, COUNCIL NEIIBER KOLTAY SECIMl)ED, TO REFER THE PLANN£l> DEVELOPNENT AS PRESEIITED IY SWEDISH MEDICAL CENTER IACIC TO THE PLAN - NING AND ZONINI COIIIISSION TO ADDRESS TECHNICAL PROCEDURES ANO PROVIDE OPPOR- T\IIITY FOR ADDITIONAL COIIIEIITARY. Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent : None Motion carried. 11. Ordinances, Resolutions and Notions (a) and (b) COUNCIL MENIER HATHAWAY MOVED, COUNCIL NEIIIER CLAYTON SECON· DED, TO TABLE AGEIIIA ITEM ll(a) • ORDINANCE (COUNCIL llLL NO. 50) APPROVING THE VACATION OF THE RIGHT-OF-WAY FOR THE ALLEY, AND AGEIIIA ITEN ll(b) -OR- DINANCE (COUNCIL BILL NO. 51) APPROVING THE VACATION OF THE RIGHT-OF-WAY FOR SOUTH PEIIISYLYMIA STREET. COUNCIL NENBER ICOZACEIC MOVED TO AMEND THE NOTION TO INCLUDE THE REFERRAL OF THE TVO VACATIONS BACK TO THE PLANNING All> ZONING CotlNISSION. The amendment was accepted by Council Members Hathaway and Clayton, the makers of the or i gi nal mot i on . Vote results on the amended 110tion: Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenich t, Clayton, Van Dyke Nays: None Abstain: None Absent: None Mot i on carried . (c) COUNCIL NEIIBER BYRNE MOVED, COUNCIL NENBER KOZACEIC SECOIIIED, TO TABLE AGEIIIA JTEII ll(c) -A RESOLUTION REGARDING THE PutlfjED DEVELOPMENT OF SWEDISH NEDICAL CENTER, Ayes : Nays: Abstain: Absent: Motion carried. Council lletnbers Koltay, Hathaway, Habenicht , Clayton, Yan Dyke None None None Kozacek, Byrne , Englewood City Counc11 Ntnutes February 21, 1989 -Page 8 12. City Manager's Report Hr. Fraser did not have any matters to bring before Council. 13 . Ctty Attorney's Report (a) Hr. DeWitt requeste01 a1o t horl~y to defend the City in the lawsuit filed by Eleanor and Hom :-r •-•"'" ag, inst the City. COUNcll 14Dli1£R KOZACEi;. ,.'IV ;), .. t)!JMCIL MENIER CLAYTON SECONDED, TO AUTHORIZE TH[ CITY ATTORNEY TO DEF[t,'; r !; CITY IN THE REFEREHCm LAIISUIT. Ayes: Cou11c11 Me,nbers Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carried. 14 . General Discussion (a) Mayor 's Choice (I) Mayor Van Dyke announced that in conju"ctlon with the procla - mation honoring Bev Doolittle, she proposes that the City of Englewood pur- chase a limited edition of Ms. Doolittle's current print. MAYOR VAN DYKE NOVED, COUNCIL MENIER KOLTAY SECONDED, FOR THE CITY OF DNILE- WOOO TO PURCHASE A LIMITED EOITION OF NS. DOOLITTLE'S CURRENT PRINT, PRESENTLY ON DISPLAY AT LAPORTA GALLERY. Council Member Clayton reco11111ended that the print be clearly identif i ed as property of the City and that the City Manager formulate procedures relative to Its hanging, storage, and prepare a schedule of showings . Council Member Kozacek stated he would vote for this purchase as he considered it a forerunner to the City's cultural arts program. Council Member Hathaway requested that the cost be made a matter of record. Mayor Van Dyke informed Council that there was an approximate cost of 5500 to include the framing, etc. The print is titled "Sacred Ground ." Council Member Byrne inquired about the cost of insurance and was assured that the print would be covered under the Ci ty's general liabi lity insurance . Vote results: Ayes: Nays: Abstain: Absent: Motion carried. Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke None None None I I I I Englewood City Council Nlnutes February 21, 1181 -Pav• I (b) Counc i l Member's Choice (I) At Council Member Clayton's request, the City Attorney dis - cussed payment of the legal fees for the Career Service Board . He advised Council that I letter written by Jack Olsen, former City Attorney , to the Ca- reer Service Board attorney, stated that a prev ious Council had approved the appeal and use of those funds. Hr. DeWitt h;,5 j 11st received a copy of the letter . He advised Council that two issues mus t be dealt with: 1) cons i der approval of the fees, and 2) set future policy for use of City funds in simi - lar situat i ons . He reconmended pa)'IIN!nt of the fees at the present time. COIIICIL NENIEII CLAYTON NOVED, COUNCIL NENIER KOUAY SECOIIIED, TO AUTHORIZE PAYMENT Of LEGAL FEES FOR THE CAREER SERVICE IOAIID . Ayes: Council Members Ko l tay, Hathaway, Kozacek, Byrne , Habenicht , Clayton, Van Dyke Nays: None Abshln : None Absent: None Mot ion carried . (11) Council Member Kozacek requested that the minutes reflect the ~mount he will be paying and the amount the City will be contributing toward his insurance during 1989: City contribution · S272 per mnth; his payment - $23 per month . (111) Council Member Koltay made reference to a letter enclosed In the Council Packet which Indicated several parents are very concerned about day care problems . He suggested this be addressed by the School/City Corrmlt- tee. He further directed staff to look into these reco111nendations to see if the City and School District could address the matter . He was i nformed that the matter had al ready been brought to the at tent I on of t he School/City Corrm1ttee . (iv) Council Member Clayton in qul red as t o the status of the Bus Bench Contract; he was advised it was being red r afted at the request of the Ci ty Manager and should be available for Council 's cons i deration mid -March . (v) Council Member Byrne advised Counc l l that the Jasmine Chinese Cuis i ne Restaurant had opened and she highly reco111nended It. She also men - tioned that Phar-Hor Drug was opening on the 22nd of February. 15 . Adjournaent COUNCIL MEMBER KOZACEK NOVm TO ADJOURN, The 111eeting adjourned at 9:19 p.m.