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HomeMy WebLinkAbout1989-08-07 (Regular) Meeting MinutesI I I. Ca 11 to Order EH&LEIIOOO CITY cot.well EHeLEVOoo, ARAPAHOE COUNTY, COLORADO Regular Sesston August 7, 1H9 The regular meeting of the Englewood City Council was called to order by Mayor Van Dyke at 7:37 p .~. 2 . Invocation The Invocation was given by Counc i l Helllber Koltay. 3. Pledge of Allegtance The Pledge of Allegiance was led by Hayo r Van Dyke . 4 . Roll Call Present: Council Hembers Hathaway, Koltay, Kozacek, Byrne , Habenicht , Clayton, Van Dyke Ab se nt : None A quorum was present. Also pre sent : 5 . Hfnutes Ci ty Hanager Fraser Ass i stant Ci ty Attorney Grlnm City Cle r k ("OW Directo r Wanu sh , Co11111U nfty DeveloJ)lll!nt ;a) COUNCIL HENB£R K0ZAC£K HOVED, AND IT WAS SECOHDED, TO APPROVE TH£ HINUTES OF THE REGULAR MEETINGS OF JULY 10, 1989 AND JULY 17, 1989, Ayes : Counc il Members Koltay, Ha t haway , Kozacek, Byrne , Nays : Abstain : Absent : Motion ca r ried . Habe ni cht , Clayton , Van Dyke None None None 6. Pre-scheduled Visitors There were no pre-scheduled vi s itors. 7. Hon-scheduled Visitors Englewood City Council Minutes August 7, 19&9 -Paga 2 (a) Hi ckey Horton, 2870 South Acoma Street , addressed Council concern- ing the near drowning of his daughter at Cushing Parle He requested that Council consider i nstalling a fence around both ponds to alleviate the danger of a similar occurrence . He stated that U,e City's code required that swim-I ming pools be fenced; he felt a similar requirement should be applied to the ponds . Mayor Van Dyke assured Hr. Horton the Council would consider his request and advise him of Its decision after consulting with staff. A two - week t i me period was agreed upon. (b) Audrey Horton, 2261 South Fox Street, explained she was the grandmother of the girl who almost drowned at Cush i ng Pirk. She Info rmed Council that two years ago she had requested the City to consider fencing the ponds but had not been given serious consideration . She reiterated her con- cerns and asked Council to seriously l ook at the problem. (c) Betty Keena, representing the South Metro Denver Chamber of Com - merce, was present . She introduced two other representatives of the Chamber : Olck Harrison, Pres i dent, and Brian Voight , Vice President in charge of economic development. Ms. Keena stated that the South Metro Denver Chll!ber of Commerce strongly supported the establishment of an Englewood Economic Oevelopment Coalition -Agenda Item ll(c). As a inember of the Englewood Oown- town Task Force, she fel t the Task Force had achieved its purpose and had been successful; she and others who had been involved be l ieve it is tiM to be con- cerned about the economic development of the City as a whole, not just the downtown area. She again stated the Chamber's support of the Resolution to be considered under Agenda Item ll(c). 8. C0111ntun1cat1ons and Proclamations (a) COUNCIL "EMBER HATHAWAY KOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF BILL DRAPER FROM THE PLANNING AND ZONING CONIISSIDN. Ayes: Council Members Koltay, Hathaway, Kozatek, Byrne , Habenicht, Clayton, Van Dyke Nays : None Abstain: None Motion Absent : carried . None 9. Consent Agenda ( a) (b) (c) (d) (e) Minutes of the Board of Career Service Commis s ioners' Special Hear - ings of J une 22, 1989 , July 5, 1989 (2), and July 6, 1989 (2); and Fi nd i ngs, Oecision and Order of the July 6 , 1989 Specia l Hearing (signed and dated July 20, 1989). Minutes of the Eng l ewood Downtown Oevelopment Author i ty meetings of June 14 and July 12, 1989. Minutes of the Englewood Parks and Recreation Comisslon meetings of June 8 and July 13, 1989. Mi nutes of the Englewood Plann i ng and Zoning Comiss i on meeting of July 18, 1989. Minutes of the Englewood Public Library Board meeting of July II, 1989. I I I Englewood City COunct1 Minutes August 7, 1989 -Page 3 (f) (g) (h) Minutes of the Englewood Urban Renewal Author i ty meeting of July 12 , 1989. Council Bill No. 29 approving transfer of funds for administration of the continued housing rehabilitation progra~. Council Bill No. 31 approving the Swedish Medical Center Pedestrian Overpass over East Hampden Avenue. COUNCIL MEMBER KOZACEK MOVED, AND IT WAS SECOlllED, TO ACCEPT CONSENT A&EJIDA ITEMS 9 (a) THROUGH (f). Ayes: Nays: Abstain : Absent: Hotton carried. Council Members Koltay, H1tha111.1y, Kozatek , Byrne, Habenicht, Clayton, Van Dyke None None None COUNCIL MEMBER KOLTAY IIOVED, ANO IT WAS SECOll)EO, TO APPROVE CONSENT AGENDA ITEMS 9 (g) THROUGH (h) AS FOLLOWS: (g) ORDINANCE NO. 26, SERIES OF 1989 (COUNCIL BILL NO. 29), INTRODUCED BY COUNCIL MEMBER KOLTAY , ENTITLED: AN ORDINANCE APPROVING TRANSFER OF FUNDS APPROV,D BY THE STATE DEPARTMENT OF LOCAL AFFAIRS FOR THE CITY OF ENGLEWOOD, FROfl THE CITY TO ENGLEWOOD HOUSING AUTHORITY FOR ADMINISTRATION OF THE CONTINUING HOUSING REHABILITATION PROGRAM PURSUANT TO AGREEMENT. Count 11 Membe r Clayton expressed concern about the housing rehab program, specifical l y incomplete audits for 1987 and 1988. Mayor Van Dyke stated the audits have been completed, that perhaps Mr . Clayton had not yet received a copy . (h) ORDINANCE NO. 27 , SERIES OF 1989 (COUNCIL BILL NO. 31) INTRODUCED BY COUNCIL MEMBER HABENICHT, ENTITLED : AN ORDINANCE APPROVING A LEASE BETWEEN THE CITY OF ENGLEWOOD AND SWEDISH HOB I, LTD. AND SWEDISH HOB 11 PARTNERSHIP TO OBTAIN AIRSPACE OVER PUBLIC STREETS. Vote results for Consent Agenda Items II (g) and (h): Ayes: Nays : Abstain: Absent : Motion carried. 10 . Pub11c Hearing Counc i l Members Koltay, Hathaway, Kozatek, Byrne , Habenicht, Clayton , Van Dyke None None None No public hearing was scheduled. EngllWOOd City Council N1nutes August 7, 1989 -Page 4 11. Ordinances, Resolutions and Notions (a) C1ty Manager Fraser presented a rec011111endation fro11 the Public Works Oia,partment to adopt a bill for an ordinance approving an agreen1ent with I the U. s. Corps of Engineers for partial funding of the Oxford Park Improve• men ts. Hr . Fraser explained that the costs of the project, est l11ated at $181,800, would be on a SO/Soi share basis with the City providing the front money of $90,246 and the Corps of Engineers a like a110unt. The City should be reimbursed its share by Urban Edges and South Suburban Park Foundation, u both organizations have conmitted to raise the money for this purpose. Mr. Fraser stressed that it ts important to understand that the Corps has provided a caveat about these funds, that reimbursement is not 10°' guaranteed; however, he did assure Council that In all likelihood the funds expe:ided by the City would be reimbursed. He also informed Council that an agreement between the City and Urban Edges/South Suburban Park Foundation would be forthco11i ng. Council Member Clayton asked the Clerk to read Council 8111 No . 32, entitled: A BILL FOR AN ORDINANCE APPROVING AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF ENGLEWOOD FOR RECREATION DEVELOPMENT Of THE SOUTH PLATTE RIVER LOCAL FLOOO PROTECTION PROJECT DOWNSTREAM FROH CHATFIELD LAKE. Mr . Clayton proposed a change In the agreement on Page 9, Article 19, to read: "ARTICLE 19 • SECTION 221 CERTIFICATION. The Sponsor recognizes that It must meet the requirements of Section 221 of the Flood Control Act of 1970, 42 U.S.C. l962d-5b, and in furtherance thereof, the chief legal officer of the Sponsor has certified, as Exhibit D, attached hereto and made a part hereof, tnat the Sponsor is legally capable of perfor~ing the obligations of this agreement. In addition, the chief financial officer of the Sponsor has cert i fied, in Exhibit D-1 attached hereto and made a part hereof, that the Sponsor is financially c11pable of perfomlng the obligation of this agreement." With that change to the agreement, COUNCIL MEMBER CLAYTON NOVED, AND JT WAS SECONDED, TO APPROVE COUNCIL BILL NO. 32, SERIES OF 1989. Discussion ensued concerning the configuration of Oxford with ingress and egress to the proposed park area. It was the consensus of Council that those problems could be more appropriately addressed at a later time. Concern was also expressed about the lack of assurance of reimbursement and that subject I was discussed in depth. Mayor Van Dyke stressed that both Urban Edges and South Suburban Park Foundation are strongly committed to the project, and she explained that if funds were not raised by those organizations, the project itself would not progress and she did not see the City at risk. Vote results: Ayes: Nays: Counc 11 Members Kol tay, Hathaway, Kazacek, Byrne, Habenicht, Clayton, Van Dyke None I I EngllWOOd Ctty Counctl Ntnutes August 7, lNt -Page 5 Abstain: None Absent: None Hotion carried. (b) DI rector Wanush presented I reconnendat Ion fr0111 the Department of Conrnunity Developnent to adopt a resolution supporting an application for En- glewood's participation in the Colorado Single Family Mortgage Revenue Bonds. Hr. Wanush provided Council with copies of a current status report of the Colorado local Mortgage Bond Program. Hr. Wanush explained that approval of this Resolution would authorize the City and County of Denver to apply for housing funds on behalf of Englewood, Denver and other 111etropol1tan cities, further that we would be delegat.ing to Denver the authority to issue the bonds, expense of which will be borne by Denver . He explained that the City had participated in slnilar consortlums for the past three years, that In 1987 the City had received Sl .6 mill Ion and In 1988, $780,000 toward hous i ng for first-time ho11e owner~. By participating in the consorti11111 1 the City would save considerable expense which could have prohibited Englewood fr011 par- ticipating on Its own . Methods of promoting the program were discussed. The Resolution was assigned a number and read by title: RESOLUTION NO. 43, SERIES OF 1989 A RESOLUTION DECLARING THE SUPPORT OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE APPLICATION BY THE CITY ANO COUNTY OF DENYER, COLORADO, FOR AN ALLOCATION FROM THE STATEWIDE BALANCE PURSUANT TO THE COLORADO PRIVATE ACTIVITY BONO CEILING ALLOCATION ACT FOR USE IN CONNECTION WITH A PROGRAN TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW AND HIDDLE INCOME FAMILIES AND PERSO~~ WITHIN THE CITY AND COUNTY OF DENVER ANO CERTAIN OTHER CITIES ANO COUNTIES IN THE STATE OF COLORADO, INCLUDING THE CITY OF ENGLEWOOD ; AUTHORIZING THE DELEGATION TO THE CITY AND COUNTY OF DENYER OF THE AUTHORITY OF THC C ITV OF ENGLEWOOD TO ISSUE REVENUE BONDS TO FINANCE THE PROGRAM WITHIN THE CITY OF ENGLEWOOD; ANO AUTHORIZING THE EXECUTION ANO DELIVERY OF A DELEGATION AGREEMENT BY ANO BETWEEN THE CITY OF ENGLEWOOD AND THE CITY ANO COUNTY OF DENVER IN CONNECT ION WITH THE PROGRAM. COUNCIL HEHIER CLAYTON HOVEO, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 43, SERIES OF 1989. Ayes: Nays: Abstain: Absent: Motion carried. Council Members Koltay, Hathaway, Habenicht, Clayton, Van Dyke None None None Kozacek, Byrne, (c) Director Wanush presented a reco11111endatlon from the Englewood Down- town Task Force to adopt a resolution supporting the formation of an Englewood Econonlc Development Coalition. He expl1lned that the Task Force, which is composed of representatives of Englewood Downtown Development Authority, En- glewood Urban Renewal Authority, City Council, Greater Englewood Ch1111ber, and the South Hetro Denver Chamber of Conrnerce, were concerned about City-wide economic development and were of the opinion that the formation of a Coalition Englewood C1t1 c~unctl Minutes August 7, HO -Page & Is crlt lcal for Il e future of Englewood. Mayor Van Dyke strongly urged ap- proval of the res ol ution. The Resolution was assigned a number and read by title: RESOLUTION HO. 44, SERIES OF 1989 A RESOLUTION SUPPORTING THE FORMATION OF AN ENGLEWOOD ECONOMIC )EVELOPHENT COALITION. CO-SPONSORS IIAYOR VAN DYKE AND COUNCIL NEMIER HABENICIIT IIOVED, NII IT VAS SECONDED, TO APPROVE RESOLUTION NO, 44, SERIES OF 198g, Before voting, Council Member Clayton stated for public record that this ts an on-going expression of Council's concern for the economic future of Engl8'10od, to work with the connunity to f1nd reasonable alternatives to the City's econ011lc problems and to provide an improved environment for the citizens and business community. Council Member Hathaway inquired concerning appointments to the Coal it Ion. After discussion, it was determined that It would be appropriate to advertise the vacancies and also to solicit reco11111endatlons from Council. Vote results: Ayes: Nays: Abstain: Absent: Motion carried. Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke None None None (d) A reconmendat Ion from the Department of Public Works to adopt a re solution expressing apprectat Ion for a donation from the Howard E. Abbott Memorial Fund was considered. The Resolution was assigned a number and read by title: RESOLUTION NO. 45 , SERIES OF 1989 A RESOLUTION DECLARING THE APPRECIATION OF ENGLEWOOD CITY COUNCIL FOR THE DONATION RECEIVED FROM THE HOWARD E. ABBOTT MEMORIAL FUND FOR THE PURCHASE OF TREES TO BE PLANTED AT THE ENGLEWOOD MUNICIPAL GOLF COURSE AS A LIVING TRIBUTE TO HIS HEHORY. COUNCIL NENBER BYRNE MOV r~. AND IT VAS SECONDED, TO APPROVE RESOLUTION NO. 45, SERIES OF 1989. Ayes: Nays: Abstain: Absent: Hotton carried. Co uncil Ple11bers Koltay, Hathaway, H~benicht, Clayton, Van Dyke None None None Kozacek, Byrne, I I I I Englewood City Council N1nutes August 7. 1981 -Page 7 Council Member Clayton stated he was pleased to hive Mr . Abbott honored in this manner. Council Member Byrne expressed pleasure In having more trees planted at the golf course. 12. City Nanager 's Report Mr. Fraser did not have any matters to bring before Council. 13. City Attorney's Report Mr. Grimm did not have any matters to bring before Council. 14 . General Discussion (a) Mayor's Choice ( i) MAYOR VAN DYKE MOVED, ANO IT WAS SECOIIIED, TO RESCHEDULE THE REGULAR MEETING OF SEPTDIIER 4, 1989, TO SEPTEMBER 5, 1989. DUE TO WOR DAY HOLIDAY. Ayes: Nays: Absta i n: Absent: Motion carried. Council Members Koltay, H1thaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke None None None (bl Council Member's Choice ( i) Council Member Kozacek publicly announced his candidacy for reelection as Counc i l Member, District IV. (ii) Council Member Koltay reminded those present of the meeting of the Colorado Department of Highways, August 16, 1989, 7:00 p.m., 1t Clayton Elementary School, to reevaluate the Oxford/Santa Fe Intersection. (i ii ) Council member Clayton requested staff to nake Inquiry con- cerning the administration of the canoeing program operated by Fort Collins on its City Park lake. (iv) Council Member Habenicht expressed appreciation to Parks and Recreation Department and to all other persons who had participated in the production of "The Music Han.• 15. Adjourn111ent COIIIClL NENBER KOZACEK IIOYED TO ADJOURN. The meeting adjourned at 8:24 p.n . ~,,,,. ,XI tu-.£ City erk