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HomeMy WebLinkAbout1988-03-28 (Special) Meeting MinutesI I 1. Ca 11 to Orde r ENGLEWOOD CITY COUNCIL ENGL EWOO D, ARAPAHOE COUNTY, COLORADO Special Ses s ion Harch 28, 1988 . ',, • ,'d 1:,j,f',Y The spec i a 1 meeting of the Engl ewood City Counc i 1 wa s ca 11 ed to orde r by May or Van Dyke at 7:35 p.m. 2. Invocat i on Th e i nvocation wa s given by Cou nc i 1 Memb er Ko ltay. 3 . Pledge of Allegiance The Pledge of All egia nce wa s led by Mayor Van Dyke . 4. Roll Call Pre se nt : Cou nci l Members Hathaway, Koltay, Koz acek, Bile , Habenicht , Cl .:y to n, Van Dyke Absent : Uone A qu orum wa s present. A 1 so pre s ent : 5. Hi nutes City Mana ger Mccown City Atto r ney DeW itt Assistart Ci ty Manager Va rgas City Cl erk Crow Acting Director Freeman, Finance Director Ragland , Engin ee ring Services Pol ic e Chief Hol mes Director Kuhn , Park s and Rec r ea tion (a) COUNCIL HEHBER KOZACEK HOVEO, COUNCIL HEHBER BILD SECONDED, PROVE THE MINUTES OF THE SPECIAL MEETING OF FEBRUARY 29, 19 88 . Ayes : Counc i 1 Members Ko ltay , Hathaway, Ko zace k, Nays: Habenicht, Cla yton , Van Dyke None Abst ain : None Absen t: None Mot ion carried . Englewood City Council Minutes March 28, 1988 -Page 2 ( b) COUNC l L MEMBER KOZACEK MOVED, COUNCIL MEMBER Bl LO SECONDED, PROVE THE MINUTES OF THE REG ULAR MEETING OF MARCH 7, 1988 . Ayes: Coun .: i l Member s Ko ltay, Ha th away, Koza cek, Haben i cht, Clayton, Van Dyke Nays: None Abs ta in: None Absent: None Motion carried . (c) COUNCIL MEMBER CLAYTON MOVED, COUNCI L MEMBER BILO SECONDED, PROVE THE MINUTES OF THE SPECIAL MEETING OF MARCH 9, 1988 . Ayes: Council Members Ko ltay, Hathaway, Kozacek, Habenicht, Clayton, Van Dyke Nays : None Abstain: None Absent: None Motion carried. TO AP - Bi l o, TO AP- Bi l o, (d) COUNCIL MEMBER KOZACEK MOVED, COUN Cl!. litMBf.R BILO SECONDED, TO AP- PROVE THE MINUTES OF THE REGULAR MEETING OF H.\Rt:H 21, 1988. Ayes: Council Members Ko lt. ,;-, Ha th away, Kozacek, Bilo, Habenicht , Clayton, V1n Dyke Nays: None Abstain: None Absent: None Mot ion carried . 6 . Pre-scheduled Visi tors (a) Mr. Jim Grumet, 3065 South Sherman Street, discussed code enforc e- ment concerns as they pertain to trash co 11 ect ion. He objected to the fact that the Code Enforcement Offi cer woul d only be responding to complahts and not patrolling the city for violation s. It was exp la ined to Mr. Grumet tha t due to the tremen dous volume of compla i nts during the summer months that it was not possible for the one officer to respond to all of th em in addition to pat rolling . Mr . Grumet felt a better method of trash collection would be more effective for the City. He was urged to pre se nt his ideas to the Planning and Zoning Commission. 7 . Non-scheduled Visitors Due to special meeting status, ther~ were no non-sc hedul ed visitors. 8. Col!ITlunications and Proclamations (a) COUNCIL MEMBER CLAYTON MOVED, COUNCIL ME MBER KOZACEI( SECONDED TO ACCEPT THE LETTER FROM DONALD HOYT, JR ., RESIGNING AS YOUTH M1,M BER OF THl PARKS AND RECREATION COMMISSION. Ayes : Co un ci l Members Ko l t ay, Ha th away, Ko zacek, Bil o, Habenicht, Cla y ton, Van Dyke Nays: None Ab stain: tlone I I I Englewood City Council Hi nutes March 28, 1988 -Page 3 Ab se nt : Non e Moti on ca rri ed . (b) COUflCIL MEMBER KOZACEK HOVED, COUNCIL HEHBER KOLTAY SECONDED, TO PROCLAIM THE HONTH OF MARCH, 1988, AS RED CROSS MONTH. Aye s: Coun c i 1 Memb er s Ko ltay, ~ath away , Kozac ek, Bi 1 o , Habeni cht , Clayt on, Van Dykr, Na ys: Non e Ab s tai n: Non e Ab se nt : None Moti on carried . (c) COUNCIL MEMBER HATHAWAY HOVED, COUNCIL HEHB~R HABENICHT SECONDED, TO PROCLAIM THE WEEK OF APRIL 2 -9, 1988, AS COHHUNITY OEVELOPHEHT WEEK . Ayes : Counc i 1 Members Ko ltay , Hathawa y , Ko za cek , Bi 1 o , Habeni cht, Clayton , Van Dyke Nays: None Abst ain : None Motion Absent : carried . None Council Member Hat haway sugg es t ed th at wh en po ss i bl e procl amati ons sh ou ld be approv ed by Coun ci 1 prior to the ev ent. 9 . Consent Agenda COUNCIL MEMBER HATHAWAY HOVEO, COUNCIL MEMBER HABENICHT SECONDED, TO ACCEPT CONSENT AGENDA ITEMS 9(a) THROUGH (f) ANO TO APPROVE CONSENT AGENDA ITEHS g(g) THROUGH ( i) • (a) (b) (c) (d) (e) ( f) (g) (h) (i) .. inutes of the Board of Adjustm ent and Appeals meeting of February 10 , 1988 . Minute s of the Englewood Downtown Developm ent Autho r ity me eting of February 10 , 1988 . Minute s of the Park s and Rec reation Commi ss ion mee ting of Fe brua ry 11 , )98 8. Minute s of th e Planning and Zoning Comm i s s i on mee tings of February 17 and Mar ch 8, 1988 . Minute s of the Liquor Li ce ns ing Autho rity mee tings of Fe br uary 17 and March 2, 1988 . Minut es o f th e Publi c Library Advi sory Board mee ting of Marc h B, 1988 . Ordinance No . 7, Seri es of 1980, authorizing a Joint Funding Agree- ment with the U. S. Department of Interio r Geological Survey fo r the riv er gaging s tation at the Bi-City Was tewater Treatment Plant. Ordinance No. 8 , Series of 1988, appro ving th e ac ceptanc e of a note from t he EURA for repaym ent of fund s adv anc ed for red evelo pmen t project ~. Ordinance No . 9 , Series of 1988 , approving an agreement between the Arapaho e County and the City of Englewood concerning the use of lottery funds for construction of a pedestrian bridge in Eelleview Park . Englewood City Council Minutes March 28, 198 8 -Page 4 Ayes: Cou nc i l Members Koltay, Hathaw ay, Koza cck, Sil o, Habenicht, Cl ayto n, Van Dyke Nays: None Abstain: None Absent: Non e Mot ion carr i ed. 10. Public Hearing No public hearing wa s sc hedu led. 11. Ordinances, Resolutions and Hot ions ( a) Acting Di rec tor Freeman presented a recommendation from the Finance Department to ad opt a bi 71 for an or dinan ce amending the Non -emergency Rel ire- ment Pl an and to al so adopt a resolution authorizing an optional Money Pur - chase Pl an for the non -emergency mid-manager, s upervisory and confidential emp loyees. She ex plained the amendment to the non-emergenc y retirement pl an would all ow those emp l oyees who were hired prior to the establishment of the pension plan in 1970 and who did not choose at that time to participate in the pension plan, an opportunity to be ves ted in the plan for their prior years of service through a buy-bac k option. There are tw o emp loyee s directly affected by thi s provision. The amendment furth er allows the mid-management and con- fidenti al employees to voluntarily choo se to ei th er remain in th e non - emergency defined benefi t pension plan or e l ec t to participate i n a money pur- chase plan, re fer re d to as a 401 Plan, which would be se lf -direct ed by the em ploy ee. ICMA/RC wou ld act as trustee for the money. The City's con tribu- tion will remain the same regardless of wl:ich plan the em ployee woul d choose. Council Member Koltay, Cou ncil 's representative t o the Retirement Board, ex- plained that the Board members had reviewed this amendment at great length, and the Board deemed no reasons to withhold these options which had bee n r e - quested by the employees. Ms. Freeman explained that the resolution would authorize the City Manager and the Finan ce Departm ent to enter into the agree- ment to set up the 401 Money Purchase Plan with ICMA . COUNCIL BILL NO. 10, INTRODUCED BY COUNCIL MEMBER KOLTAY, WAS RE AD BY TITLE: A BILL FOR AN OR DIN ANC E AMENDING TITLE 3, CHAPTER 6, ENGLEWOOD MUNICIPAL CODE 1985, RE LAT I NG TO CI TV OF ENGLEWOOD NON-EMER GENCY EMPLOYEES RET IR EMENT PLAN ANO TRUST. COUNCIL MEMBER KOLTAY MOVED, COUNCIL HEHBER CLAYTON SECONDED, TO APPROVE COUN- CIL BILL NO. 10, SERIES OF 1988. Aye s: Council Members Koltay, Hathaway , Kozacek, Silo , Nays: Ab stain: Abs ent : Motion carried. RESOLUTION NO. 13 SERIES OF 1988 Habenicht, Clayto n, Van Dy ke None None None I I I I Englewood City Council Hi nutes Harch 28, 1988 -Page 5 A RESOLUTION ESTAB LISHING A MON EY PURCHASE PLAN FOR NON -EMERGENCY MID - MANAGERS, SUPERVISORY AN O CONFIDENT JAL (M SC) l MPLOYEES AS AN OPT I ON TO THE NO N-E MERGENCY EM PLOYE ES RETIREMENT PLAN. COUNCIL HEMBER KOLTAY HOVED, COUNCIL MEMBER KOZACEK SECONDED, TO APPROVE RESOLUTION NO. 13, SERIES OF 1988 Ayes: Co unc il Members Koltay, Hatha way, Kozac ek, Bile, Mot ion Na ys: Ab s tain: Abs ent : carried . Hab eni cht, Clayton, Van Dyke Non e None None ( b) Concerning the reco mme nd ation from the Finan ce Department to accept the lo w bid from Hanifen Imhoff, Inc., for a l ease/pur chase of a fir e pumper , Ael ing Director Freeman requested tha t City Cou nci l table any action on thi s item at this time . She explained that until the fi re pumpe r is actually de - livered to Englewood, delivery now re sc hedul ed to May 2, it would be inap - propriate to enter into the l ease/purr;hase ag reement . She i s attempting to negotiate with the low bidder to se e if they will agree to keep the same interest rate and agreement in force unt il the fire ou mper is r ec eived. COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEHCER BILO SlCONDED, TO TABLE AGENDA , .• ,,t ITEM ll(b). (MOTION TO ACCEPT THE LOW ~iD AND A RESOLUTION APPROVING A LEASE// PURCHASE AGREEMENT WITH HAN I FEN IMHOFF, INC. FOR ACQUISITION OF EQUIPMENT FOR THE C !TY OF ENGLEWOOD) Aye s : Motion Nays : Abstain: Ab se nt : carried. Council Memb er s Kol tay, dathawa y, Habenicht, Clayton, Van Dyke None None None Kozacek, Bil o , ( c) Di rector Ragland presented a recommendation from the Di rector of Engineering Services to adopt a reso·1utio n to acr.ept an agreement and quit claim deed for street right-of -way on 700 East Kenyon Avenue . She explained that in 1986 the Eng i neering Service s Department had negotiated with Clyde 8 . Taylor , 3701 Sout h Clarkson Street, to acquire th e north 15 feet of his prop- etty for use as r ig ht-of -way. In exc han ge for thi s right-of -way , the City agreed t o construct E. Kenyon Avenue to City paving standards at the City 's expense . Such construction was completed in 1987 un de r Paving District No . 32. It was reco mme nded that a re so lution accepting the right-of-way and ap - proving the agre eme nt and quit ciaim deed be approved by Cou ncil . RESOLUTION NO . 14 SER IES OF 198 8 A RESOLUTION ACCEPTING RIGHT-OF -WAY ON EAS T KENYO N AVE NU E IN CONN ECTION WITH PAVING DISTRICT NO . 32. COUNCIL MEMBER BILD MOI :D, COUNCIL MEMBER CLAYTON SECONDED, TO APPROVE RESOLU- TION NO. 14, SERIES OF 1988 . Englewood City Coun ci l Minu tes March 28 , 1988 -Page 6 Ay e s : Council Me mbe r s Koltay , Hathaw ay , Kozac e k , Bil o , lab e nicht, Cl ay ton , Van Dyke Na ys : None Ab s tain: No ne Absent: None Mot ion carried. ( d) A recommend ation from the City Manag er lo ad op t a r es o 1 u t i on amend- ing the Six -quart er PIF budg e t for th e period of January , 1988, throug h June , 1989 was considered. Ci t ;· Mana ger McCo wn exp l ai ne d th at all of the items re- corded in the amendment were ~eviewed wit h City Coun c il at the March 14 , 19 88, study sess i on. RESOLUTION NO. 15 SER I ES OF 1988 A RESO LUT IO N AMEND I NG THE GOLF COURSE FUND ANO THE PUBLIC IM PROVEMENT FUND . COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER CLAYTON SECONDED, TO APPROVE RESOLUTION NO. 15, SERIES OF 1988 . Counc il Member Bilo quest i oned the loca - tion of the centralized storage/maintenance bui lding . Director Kuhn re s ponded that it wa s proposed to build it at 3600 So uth Clay. Council Me mber Si l o won - de red if it might not be more lucrative to buil d it on l and whi ch is currently for lease, but possibly for s al e, which i s located on t he north si de of Ox - ford, west s i de of the Pl atte River. He s uggest ed this mi ght be inv es tigated further. Aye s: Counc i 1 Members Ko ltay, Ha t haway, Koz ac ek, Bi 1 o, Habenicht, Clayton, Va n Dyke Nays : None Abstain: None Abse nt : None Moti on c ·i ed. ( e) City Manag er McCown pre sent ed a recommend at ion to adopt. a re so 1 u- t ion auth or izing a 1 icense agr eeme nt with Pub li c Service Com pan y tr, exte nd it s current franch ise unt i 1 a vote ca n be he 1 d on t he new franc hi se . He exp 1 a i ned that a verbal agreement on the terms of the franchise had be en reached with Pub 1 i c Service Company and that it would be pr e sented in writ ten form t o Coun- cil on April 4, 1988 . Th e licen se agre ement c urrently und e r con s ideration exte nd s th e terms and condition s of the franchise now in effec ', (3% franchise fee) until the specia l election sch eduled for Jun e 21, 1988. RE SOL UT ION NO, 16 SER IE S OF 1988 A RESO LUT ION APPROVING A LI CENSE AGR EEMENT WITH PU BLIC SERVICE COMPANY OF COLORADO TO EXTEND ITS FRAN CHIS E UNTIL SUCH TIME AS AN ELE CT ION FO R THE VOTE OF THE PEOPLE CAN BE HELD. COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER BILO SECONDED , TO APPROVE RESOLU- TION NO. 16, SERIES OF 1988. I I I I Englewood Ci t y Council Minutes Mar-ch 28, 19 88 -Page 7 Ay es: Nays: Ab s ta in: Ab se nt: Motion carried. Counc i 1 Members Ko ltay, Hathaw ay, Koz acek, Bi 1 o, Hab eni cht , Cla yton , Van Dyke None None None (f ) Chief Hol mes pr esented a reque st for approval of out-o f -s tate t raining mo ni es for Pol ice Department Armorer s at Co lt Firearms Fa ctory, April 6-8, 1988. Th ere would be no cost for t he cer tifi ed training ; the anticipated co st for travel for two armor ers would be Sl,241. He s t ated the monies are av ai la bl e i n the Poli ce Tec hnical Training Budget. COUNCIL MEMBER BILO MOVED, COUNCIL MEMBER KOLTAY SECONDED, TO APPROVE rn r OUT- OF-STATE TRAINING REQUEST. Aye s: Co un c i 1 Memb er s Ko ltay, Hathaway, Kozacek, Bi 1 o, Habenicht, Clayton, Van Dyke Nays: None Abstai n: None Abse nt: None Motio n carried. Mayor Van Dyke ,ug ge s ted that t he Counc i 1 might enjoy a dem - onst i·a ti on of th e new weap ons wh en they are received. (g) Dire ctor Ku hn pr esented a request from the Malley Cente r Tru st Fund Board of Trustees to approve an expe ndit ure of S2, 754 to co ns truct an entry at the sou th entra nce to the Malley Center . All expenditure~ from the Trust Fund must be approved by City Counc i 1. COV~L IL MEMBER KOZACEK MOVED, COUNCIL MEMBER CLAYTON SECONDED, TO APPROVE AU EXf'E N1JJTURE OF $2,754 TO CONSTRUCT THE ENTRY AS RECOMMENDED BY THE BOARD OF TRUSfEES. Ayes : Nays : Abstain : Absent : Motion carried. Council Members Koltay , Hathaw ay , Koza cek, Bilo , Habenich t, Clayton, Van Dyke No ne None None (h) Direc t or Kuhn rre sen t ed a r ec ommendation from t he Parks and Recre- ation Co mmissio n to appoi nt a City Counc il Member to serve as a Trustee of th e Mall ey Center Tru s t Fund as sti pulated by Or dinance No . 28, of 198 1. He ex- plained that Bev Bradshaw had served as a Tru s t ee as Coun cil 's representative du ri ng her tenure. Dis cussion ensued re 1 at i ve to Caunc i 1 changing the or- dinance t o permit Ms. Bradshaw's reap pointment to serve as Counc i 1' s repre se n- tative even though she is no longer a Council Mem be r. Alternative way s of accomp l i shing this were discussed. City At tor ney DeWitt offered to prepare an ord inan ce for Coun cil's consideration in this matter. COUNCIL MEMBER KOLTAY MOVED, COUNCIL MEMBER CLAYTON SECONDED , TO TABL E THE MATTER UNTIL COUNCIL CONSIDERS THE HATTER FURTHER . Ayes : Counci l Members Koltay , Hathaw ay, Koz ac ek, Bilo , Habenicht , Clayton, Van Dyke Englewood City Council Mi nute s Harch 28, 1988 -Pag e 8 Nays: None Abstai n : None Absent: None Mal i an carried . •• * •• Mayor Van Dyke ca lled for a r ecess al 8 :25 p.m . fo r briefing conc erning Agenda I t em Il(i) -the Go l f Coune Con ce ssi on Contract. Cily Council reconvened at 9 :25 p.m. Roll was cal l ed. Present: Council Members Hathaway, Kollay, Kozacek, Bila , Habe nicht , Clayton, Van Dyke. I 1. (I) The Golf Course Co nce ssio n Contracl was cons id ered. COUNCIL HEHBER CLAYTON HOVEO , COUNCIL HEHBER KOLTAY SECONDED, THAT THE GOLF COURSE CONCESSION LEASE ANO AGREEMENT BE AMENDED AS FOLLOWS: PAGE 3 -SECTION 5. OPTION FOR ADDITIONAL TERM. THE WORD ·rwo · INSERTED IN LINE I TO REAU: 'C ONCESSIONAIRE HAY EXTEND THIS AGREEMENT FOR TWO ADDITIONAL THREE YEAR TERMS, PAGE 4 -SECTION 9 . HOURS OF OPERATION . a) THE TIHE OF OPERATION FROH APRIL 1ST THROUGH SEPTEMBER 30TH CHANGED TO READ FROH 7:00 A.H . TO AT LEAST 10 :00 Poll. b) THE TIME OF OPERATION FROH OCTOBER I THROUGH HARCH 31ST CHAN~EU TO READ FROH 9:00 A.H. TO AT LEAST 8 :00 P.H. Vote re sults on the ame~dment to the Lease and Agreement: Ayes : Cou nc i1 Members Ko ltay, Hat haway , Habenicht, Cl ay ton , Van Oy ke None N2ys: Kc lacek, Bil o, Abstain: None Absent: Moti on carr ied . None COUNCIL HEHBER CLAYTON HOVED, COUN CI L HEHBER KOLTAY SECONDED, TO APPROVE THE GOLF COURSE CONCESSION LEASE ANO AGREEMENT AS AMENDED : Ayes : Counci l Member s Koltay , Hathaway, Kozacek, Bi l a , Cl ay- to n, Van Dyke Nays: I' ne Abstain : Coui1c il Me mber Habenicht Abs ent : No~e Motion ca rried. Counci l Member Hab enicht st at ed she wa s acQuainted with the co nce ssi onaires and chose to abs t ai n from voting for that reaso n . I I I Englewood City Council Hi nutes Harch 28, I 988 -Page 9 12. City Manager 's Report Due t o s pec ial meeting s tatu s , there was no disc uss i on un de r thi s sect i on. 13. City Attorney's Report Du e to s pec ial mee ting s tatL•s, th er e was no di scuss ion un der t hi s sect i on. 14. General Di scussion (a) Mayor's Choice Due t o s pec ial meeti ng status , there wa s no di sc us s ion und er this sec tion. (b) Council Membe r 's Choice A resolution appointing Engl ewood Downtown Developme~t bo ard members was considered. RESO LUTI ON NO . 17 StR JES OF 1983 A RESOLU1JON RATIFYING APPOINTMENTS TO TH E BOARD OF DIRE CTORS FOR THE ENGLE- WOOD DOWNTOWN DEVELOPMENT AIJTHORITY AND RATIFY ING THEI R TERM S OF OFFICE . COUNCIL HEHBER KOZACEK HOVED, COUNCIL HEHBER CLAYTON SECONDED, TO APPROVE RESOLUTION NO . 17, SERIES OF 1988. It was clarified th at thi s was an "ho use - keeping" action confirming the appointmen ts and their expiration dates. A que stion was rai se d as to the qualificat io ns of th e appointees, i .e ., property owner s , residents , lessee s. Coun c i 1 Me mber Hathaway offered to secure that information and supply it to the Council. Ayes: Council Members Koltay, Hathaway , Kozacek, Bile , Habenicht, Clayton, Van Dyke Nays : None Ab s t a in : None Abse nt : None Mot ion car r i ed. 15. Adjournment COUNCIL HEHBER KOZACEK HOVED TO ADJOURN. Th e meeting ad j ourned at 9 :33 p.m.