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Home My WebLink About1989-04-17 (Regular) Meeting MinutesI I l. Call to Order EN6LEWOOD CITY COUNCIL ENGLEVOOO, ARAPAHOE COUNTY, COLORADO Regular sesston Aprtl 17, 1989 The regular meeting of the Englewood City Council was called to order by Mayor Van Dyke at 7:32 p.m. 2. Invocation The invocation was given by Council Member Koltay. 3. Pledge of Allegiance The Pledge of Allegiance was led by Boy Scout Troop No. 92. 4 . Roll Call Present: Absent: A quorum was present. Also present: 5 . Minutes Council Members Koltay, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Council Member Hathaway Note : Council Member Hathaway entered the meeting at 7:35 p.m. City Manager Fraser City Attorney DeWitt City Cl erk Crow Director Wanush, Conrnunity Development Director Waggoner, Publ ic Works (a) COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER BYRHE SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 3, 1989. Ayes: Council Members Koltay, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Absta i n: None Ab!;ent : Council Member Hathaway Motion carried. • * * * * Englewood C1ty Council Minutes April 17, 1989 • Page 2 Council Member Hathaway entered the meeting at 7:35 p.m . 6. Pre-scheduled Visitors (a) Perry Croak, Loyalty Day Chairman for the Colorado Veterans of For- eign Wars, addressed Council concerning the upcoming Loyalty Day festivities. Lo i s Clayton, who is assisting Hr. Croak, also was present. The Loyalty Day parade is scheduled for April 29, 1989. Mayor Van Dyke accepted Hr. Croak 's invitation to be the Grand Marshall. 7 . Non-scheduled Visitors (a) Ken Haraldsen, 30la South Washington, spoke to Council about trash removal. He expressed concern about the number of senior citizens in Engle- wood who exist on a fixed income and the additional burden mandatory trash removal would be to those individuals. He urged Council to look for ways t o convert trash to energy, stating we should be developing long-range plans for trash disposal . (b) Stanley A. William s of Denver (Englewood business address : 3470 South Logan Street) informed Council he was concerned about proposed actions on Council's agenda, specifically ll(b), (c) and (d) with reference to Swedish Medical Center's Planned Development. His concerns Included traffic conges- tion, noise, pollution, etc ., which he did not feel had been adequately ad- dressed. He informed Council that Hr. and Hrs . Dunn have agreed to allow him to negotiate on their behalf with Swedish Medical Center for the sale of their property on Pennsylvania Avenue. He clarified that he was not actl~g in a legal capacity, that Jim Kramer Is their legal counsel. 8 . Connunlcations and Procluatlons (a) COUNCIL MEMBER KOZACEIC MOVED, COUNCIL MEMBER CLAYTON SECONDED, TO DECLARE MAY 1, 1989, AS "LOYALTY DAY.• Motion Ayes: Council Hembers Koltay, Hathaway , Kozacek, Byrne, Nays; Abstain: Absent: carried. Habenicht, Clayton, Van Dyke None None None (b) COUNCIL NDIBER BYRNE MOVED, COUNCIL MDIBER HA8ENICHT SECONDED, TO DECLARE THE WEEK OF APRIL 30 THROUGH MAY 7, 1989, AS "DAYS OF RENEMBRANCE OF THE VICTIMS OF THE HOLOCAUST.• Motion Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Nays : Abstain: Absenl: carried. Habenicht, Clayton, Van Dyke None None None I I I I Englewood City Council Minutes April 17, 1989 -Page 3 (c) COUNCIL MENIER HATHAWAY MOVED, COUNCIL MEMBER kOZACEK SECONDED, TO DECLARE THE WEEK OF APRIL 23, 1989, AS "NATIONAL CONSUMERS WEEK.• Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain : None Absent: None Motion carried. (d) COUNCIL MEMBER KOLTAY NOYED, MAYOR VAN DYKE SECONDED, TO DECLARE THE WEEK OF MAY 7 THROUGH MAY 13, 1989, AS "IIJNICIPAL CLERICS' WEEK.• Ayes : Council Members Koltay, Hathaway, Koucek, Byrne, Habenicht, Clayton , Van Dyke Nays: None Abstain : None Absent : None Motion carr i ed. City Clerk Crow thanked Council for their recognition of t he work contributed by Municipal Clerks throughout the world for the benefit of municipal government. (e) COUICIL MEMBER CLAYTON MOVED, CIXIICIL MENIER IYRNE SECOlllED, TO DECLARE THE WEEK OF APRIL 16 THROUGH 22, 1989, AS "VOLtlfTEER WEEK.• Ayes : Council Members Koltay, Hathaway, Kozacek, Byrn e , Habenicht , Clayton, Van Dyke Nays : None Abstain : None Absen t : None Motion carri ed . 9. Consent Agenda (a) (h) (c) (d) (e) (f) (g) (h) ( i) Minutes of the Board of Adjust ment and Appeals meeting of March 8, 1989. Minutes of the Englewood Hous i ng Authority meeting of March 29, 1989 . Minutes of the Englewood Urban Renewal Authority meeting of April 5, 1989. Minutes of the Planning and Zoning Corrmission meeting of Apr il 4, 1989 . Minutes of the Water and Sewer Board meet i ng of Februa ry 14, 1989 . Ord i nance repealing and reenact i ng sec t ions of the Englewood Munic i pal Code relating to Munic i pal Court contempt powers and pro - tection against domestic violence . Ordinance repealing and reenacting sections of the Englewood Municipal Code relating to Police and Fire Alarm System Bus i nesses. Ordinance amending the Englewood Municipal Code relating to the Nonemergency Employees Retirement Plan and Trust. Ordinance anending sections of the Englewood Municipal Code relat - ing to owner liability of parking violat i ons. COUNCIL MEMBER KOZACEK NOYED, COUNCIL MEMBER HABENICHT SECONDED, TO ACCEPT CONSENT A6Ell>A ITEMS 9 (a) THROUGH (e). Englewood Ctty Counctl Minutes Aprtl 17, 1989 -Page 4 Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carried. COUNCIL MEMBER HABENICHT NOVED, COUNCIL MEMBER HATHAWAY SECONDED, TO APPROVE CONSENT AGENDA ITEMS g (f) THROUCH (t) AS FOLLOWS: ( f) ORDINANCE NO. 14, SERIES OF 1989, INTRODUCED BY COUNCIL MEMBER BYRNE, ENTITLED: AN ORDINANr'° ,,14ENDING TITLE l, CHAPTER 7, SECTION 2, ENGLEWOOD MUNICIPAL CODE 1985, BY ADDING NEW SUBPARAGRAPHS RELATING TO JURISDICTION AND POWER OF THE ENGLEWOOD MUNICIPAL COURT . (g) ORDINANCE NO. IS, SERIES OF 1989, INTRODUCED BY COUNCIL MEMBER HATltAWAY, ENTITLED: AN ORDINANCE REPEALING AND REENACTING TITLE 5, CHAPTER 11, RELATING TO POLICE ANO FIRE ALARM SYSTEM BUSINESSES, ADDING A NEW SECTION 11, TO TITLE 7, CHAPTER 6B, RELATING TO AGENCIES OF PUBLIC SAFETY, AND RENUMBERING SECTIONS II AND 12, OF TITLE 7, CHAPTER 6B, ENGLEWOOD MUNICIPAL CODE 1985. (h) ORDINANCE NO. 16, SERIES OF 1989 , INTRODUCED BY COUNCIL MEMBER KOL- TAY, ENTITLED: AN ORDINANCE AMENDING TITLE 3, CHAPTER 6, ENGLEWOOD MUNICIPAL CODE 1985, THE CITY OF ENGLEWOOD NONEMERGENCY EMPLOYEES RETIREMENT PLAN AND TRUST. (i) ORDINANCE NO. 17, SERIES Of 1989, INTRODUCED BY COUNCIL MEMBER KOZACEK, ENTIT .. ED: AN ORDINANCE AMENDING TITLE 11, CHAPTER 1, ENGLEWOOD MUNICIPAL CODE 1985, BY ADDING A NEW SECTION 11 RELATING TO OWNER LIABILITY FOR PARKING VIOLATIONS . Ayes: Nays: Abstain: Absent: Motion carried. IO. Public Hearing Council Members Koltay, Hathaway, Habenicht, Clayton, Van Dyke None None None No public hearing was scheduled . II. Ordinances, Resolutions and Notions Kozacek , Byrne, I I I I Englll!OOCI Ctty Council Minutes April 17, 1189 • P191 5 (a) Director Wanush, Co.unity Development, presented a reco111111endat1on from the Building 1nd Safety Division to adopt a bill far an ordinance &mend- ing sections of the Englewood Municipal Code relating to licensing of electri- cal contr1ctors . Mr . Wanush explained that State statute no longer allows cities to charge a fee for the registration of electrical contractors. This will me1n an approximate annual loss of $10,000. Hr. Wanush advised Council that Council 8111 No. 21 11s0 .idds the requlreinent that Chss E Co1ttr1ctors be required to pass an ex111ination. Council Member Kozacek asked the City Clerk to read Council Bill No. 21, entitled: A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 7, SECTIONS 5 AND 10, ENGLE- WOOD MUNICIPAL CODE 1985, REGARDING LICENSING OF ELE CTRICAL CONTRACTORS. COUNCIL NEMER ICOZACEK NOVm, COUNCIL MENIER CLAYTON SECONDED, COUNCIL BILL NO. 21, SERIES OF 1989. Ayes: Nays: Abstain: Absent: Motion carried. Council Members Koltay, Hathaway, Habenicht, Clayton, Van Dyke None None None Kozatek, Byrne, (b) A reconnendation from the Planning and Zoning Commission to adopt a resolution approving the Planned Developrtent for Swedish Medical Ce r ter was considered. After discussion and upon advise of the City Attorney, COUNCIL NEKBER HABENICHT MOVED, COUNCIL MEMBER KOZACEIC SECONDED, TO TABLE AC- TION ON ABENDA ITEN ll(b) · A RESOLUTION ENTITLED: A RESOLUTION ADOPTING THE flll>INGS, CONCLUSION Nil DECISION OF THE CITY COUNCIL OF THE CITY OF ENGLE- WOOD, COLORADO, REQARD]IIG THE PLNIIED DEVELOPMENT BY swm1SH MEDICAL CENTER OVER THE NEXT FIVE YEARS. Ayes: Council Members Koltay, Hathaway, Kozatek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carried; Item ll(b) tabled. (c) A recommendation from the Planning and Zoning Connission to adopt a bill for an ordinance approving the right -of-way vacation for the north 375 feet of the alley located between South Logan and South Pennsylvania in the 3400 block filed by Swedish Medical Center in conjunction with their Planned Development was considered. Council Member Clayton asked the City Clerk to read Council Bill No. Z3, entitled: A BILL FOR AN ORDINANCE VACATING THE RIGHT-OF-WAY FOR THE NORTH 375 FEET Of THE ALLEY LOCATED BETWEEN SOUTH LOGAN AND SOUTH PENNSYLVANIA IN THE 3400 BLOCK, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. COUHCJL MEMBER CLAYTON MOVED, COUNCIL MEMBER KOLTAY SECOlllED, COUNCIL BILL NO. 23, SElllES OF 1989. Englewood Ctty Council Minutes April 17, 1989 -Pages Council Member Kozacek stated he would be opposing passage of Council Bill No. 23 as he was not convinced there would not be a negative impact upon the resi- dents of the area. Council Member Hathaway concurred. Council Member Habenicht stated she was not convinced this was the brst way and would be I voting against the Bill. Council Member Clayton shted he did not know of another way to get this issue before Council for debate until it was passed on first reading. Mr. DeWitt confinHd that past practice was for the Bill t •1 be passed on first reading. He stated that voting in favor of this particular 8111 does not bind the Council to vote for it on second reading. further dis- cussion ensued. MAYOR VAN DYKE MOYm, CDIIICJL NEIIIER CLAYTON SECONDm, FOR COUNCIL TO Jf/JOURN TO A SHORT EXECUTIVE SESSION TO DISCUSS A LEGAL NATTER. Ayes: Council Members Koltay, Hathaway, Kozace~, Byrne, Nays; Abstain: Absent: Motion carried; Council Habenicht, Clayton, Van Dyke None None None moved into Executive Session at 8:10 p.m .. AT 8:19 P.M. NAVOR YAN DYKE Hovm, COUNCIL MEMBER CLAYTON SECONDED, TO RECON• VENE IN REGUW SESSION WITH ALL MEMBERS PRESENT. Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays; None Abstain; None Absent: None Motion carried. Mayor Van Dyke conmented that the legal concerns had been resolved. Council Member Kozacek announced he would stjll be opposing passage of Council Bill No. 23. There was further discussion; Council Member Koltay called for the question on the motion to approve Council 8111 No . 23 on first reading: Ayes: Nays : Abstain: Absent: Motion carried. Council 11embers Koltay , Byrne, Clayton, Van Dyke Council Members Hathaway, Kozacek, Haben i cht None None COUNCIL MEMBER HABENICHT MOVED, COUNCIL MEMBER BYRNE SECONDED, TO INCLUDE AGENDA ITENS ll(c) and ll{d) -COUNCIL BILLS NO. 23 AND 24 RESPECTIVELY, BOTH RELATING TO VACATION OF PROPERTY IN CONNECTION WITH SWEDISH MEDICAL CENTER'S PLAMNEO DEVELOPMEHT -IN THE PUBLIC HEARING SCHEDULED FOR NAY 15, 1989, CON- CERNING SAID PLANNED DEVELOPMENT, Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Oyke Nays: None? Abstain: None Absent: None Motion carried. (d) Council Member Clayton asked the City Clerk to read Council Bill No . 24, entitled: I I I Englewood C1ty Council Ntnutes Apr11 17, 1989 -Page 7 A BILL FOR AN ORDINANCE VACATING THE RIGHT-OF-WAY FOR THE SOUTH 366.10 FEET OF THE 3400 BLOCK OF SOUTH PENNSYLVANIA STREET IN THE CITY OF ENGLEWOOD, COU NTY OF ARAPAHOE, STATE OF COLORADO . COUNCIL MENIER CLAYTON MOVED, COUNCIL NEJIBER KOLTAY SECOll>ED, COUNCIL IILL NO. 24, SERIES OF 1989. Council Member Clayton noted for the record that It has been Council's consis - tent pra ctice to pass on first reading proposed ordinances and then have a public hearing to .adequately examine the issues Involved in the final pc1ssage of the ordinance under considerat i on. Council Members Kozacek, Hathawa~. and H2benicht each expressed the i r opposit i on to the passage of Council 8111 No. 24, citing tnffic problems, possible negative impacts upon the area , etc. Vote results: Ayes: Nays: Abstain: Absent: Motion carried . Counc i l Members Koltay, Byrne, Clayton, Van Dyke Council Members Hathaway, Kozacek, Haben i cht Ncne None ( e) City Manager Fraser presented a recommend at I on fro11 th@ Depart111ent of Financial Services to adopt a Resolution amending the 1988 budget of the Golf Course Fund. Mr . Fraser explained that th i s act i on wu necessary to balance the 1988 budget for expenditure of approved, but non -budgeted, funds . The Resolut i on was ass i gned a number and read by title: RESOLUTION NO. 22 , SERIES OF 1989 A ~(SOLUTION AME~DING THE 1988 BUDGET ~O,'.!!t~i l MEMBER KOZACEK MOVED, COUNCIL MEMBER HATHAWAY SF.CONDED, TO APPROVE H SOLUTJON NO, 22, SERIES OF 1989. Ayes : Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays : None Absta i n : None Absent : Non£< Hotion carried. (f) Director Waggoner pre sented a recorrme ndatlon from the Public Works Department to adopt a resolution allowing for a negotiated contract for the 1989 Slurry Seal Program . Hr. Waggoner informed Council that the approximate cost would be $240,000, and he confirmed that our past eKperience with Bitum i nou r, Asphalt Seal Ing Speclalfsts, Inc., has been very satisfactory. This comp 1.ny , so far , is the sole provider of the process. The Reso l ution was assigned a number and read by t i tle : RESOLUTION NO. 23, SERIES OF 1989 A RESOLUTION ALLOWING FOR A NEGOTIA1 ED CONTRACT FOR THE SLURRY SE~L PROGRAM 1989 INSTEAD OF THE COMP ETITIVE BID PROCESS UNDER SECTION 116(b) F THE HOME £ng1e.ood City Council linut11 April 17, 1919 • P191 I RULE CHARTER AND THE ENGLEWOOD MUNICIPAL CODE 1985, SECTION 4-1 -3, AND AWARD - ING A NEGOTIATED CONTRACT FOR THIS PROGRAM FOR MAINTENANCE OF THE ENGLEWOOD STREET SYSTEM . COUNCIL IWIIER KOLTAY MOVED, COUNCIL REIBER KOZACEK SECOll>ED, TO APPROVE RESOLIJJION NO. 23, SERIES OF 1989. Ayes: Council Members Koltay , Hathaway , Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent : None Hotton carried. 12. City Manager's Report Hr. Fraser did not have any matters to bring before Council. 13 . City Attorney's Report Mr. DeWitt discussed the follow i ng matters with Council: {a) Status report regarding decision of Cou r t in the matter of City of Englewood vs. Arapahoe County Co11111tssioners regarding water . (bl Issue paper regarding SUPERFUND, the topic of several recent Ed i torials In the Englewood Sentinel . (c) Requested author i ty to file Entry of Appearance regarding Appl i ca- t i on No . 89A -17OR -Atch i son, Topeka and Santa Fe Railway Company concerning access to Santa Fe Drive . COUNCIL MEl'4RER KOZACEK MOVEO, NAVOR VAN DYKE SECONDED, TO AUTHORIZE THE CITY ATTORNEY TO FILE IN THIS MATTER. Ayes : Council Members Koltay, Hathaway, Kozacek, Byrne, Haben i cht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carried. Various access points and interchanges on the Santa Fe Cor r i - dor were discussed. (d) Distributed boundary map between Englewood and Cherry Hills Village . (e) Status repor t on Ranch Creek/Koppers right -of-way/easement m tter . 14 . General Discussion (a) Mayor 's Cho i ce Mayor Van Dyke did not have any matters to bring before Council . I I I I Englewood City Council Minutes A,rtl 17, 1989 -Page I (b) Council Member's Choice (1) A Resolution concerning the appointment of Janet Kerzic, Ca- reer Service Conmissioner, was assigned a number and read by title: RESOLUTION NO. 24, SERIES OF 1989 A RESOLUTION CORRECTING THE TERN OF JANET KERZIC ON THE CAREER SERVICE BOARD. COIIICIL NEIIBER HATHAIIAY MOVED, COUNCIL MEMBER ICOZACEIC SECOfllED, TO APPROVE RESOLUTION NO. 24, SERIES Of 1989. Ayes: Council Hembers Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Yan Dyke Nays: None Abstain: None Absent: None Hotton carried . (ii) Council Hembe" Clayton presented materials which had been received via the Bookmobile concerning his recent survey in the Englewood Sen - tinel. Also Included were several drawings by Englewood students which he wished to have transmitted to the Director of Libraries. Hr. Clayton read a poem which had been authored by Shel Silverstein entitled •overdues.• (iii) Council Member Kozacek, the City's alternate member of Den- ver Regional Council of Governments (DRCOG), requested voting direction from Council concerning support of a resolution encouraging Denver citizens to ap- prove construction of the new Denver airport . Hr. Kozacek stated his opposi- tion to this Council encouraging citizens of another co11111unity to take on this responsibility. He felt the airport should be a state-wide airport, not just Denver. Council Member Habenicht, the City's delegate member of DRCOG, sp~ke in favor of the airport, stating that the total metro region has a stake in the project. However, she also requested Council's direction In this matter, and stated she or Hr . Kozacek wo"ld vote accordingly . COUNCIL HENBER HABENICHT MOVED, MAYOR YAN DYKE SECONDED, TO AIITHORIZE THE CITY'S REPRESENTATIVE IN ATTEHDAHCE AT THE DENYER REGIONAL COUNCIL Of GOVERN· MENTS MEETING ON APRIL 19, 1989, TO SUPPORT THE RESOLUTION URGING DENYER VOTERS TO SUPPORT THE AIRPORT. Council Member Kozacek stated he was not opposed to the ai rport itself, only the way In which Denver has handled the matter; he would be voting against the motion . Council Member Byrne stated she would be abstaining as her employer supports the issue and her husband's employer is opposed to it. Vote results: Ayes: Council Hembers Hathaway, Habenicht, Clayton, Van Dyke Nays: Council Hember Kozacek Abstain: Council Members Koltay, Byrne Absent: None Notion carried. Council Member Koltay stated he had abstained because he did not feel he could a,ake an informed decision regarding the matter. Council Member Clayton explained he had voted •yes" reluctantly; however, he felt Englewood ctty Counctl 11nut1s Apr11 17, 1989 • Page J G there would ultimately be an economic benefit as a result of the airport 's construction and we would baa beneficiary of that economic boost. 15. AdJourraent COUNCIL "EN8ER KOZACEK NOVED TO ADJOl!RH. The meeting adjourned at 8:40 p.m . I