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Home My WebLink About1988-04-18 (Regular) Meeting MinutesI I 1. Ca 11 to Order ENGLEWOOD C ITV COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session April 18, 1988 The regular meeting of the Englewood City Co uncil was ca 11 ed to order by Mayor Van Dyke at 7:35 p.m. 2. Invocation Th e invocation was given by Council Member Ko ltay. 3 . Pledge of Allegiance The Pl ed ge of All egian ce wa s l ed by Mayor Van Dyke . 4. Roll Call Present: Counc i 1 Members Hathaway, Koltay, Kozacek , Bil o, Habenicht , Clayton, Van Dyke Abs ent : None A quorum was present. Al so present : 5. Minutes City Manag er Mccown City At t orney DeWitt As s istant City Manager Vargas City Cle r k Crow Director Fonda, Utilities (a) COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER CLAYTON SECONDED, TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF APRIL 5, 1988. Aye s : Counc i 1 Member s Ko ltay, Hathaway , Kozacek, Bil o, Nay s: Abstain: ft.bsent: Motion carried . Hab eni cht, Clayto n, Van Dyke Non e None Non e (b) COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF APRIL 11, 1988. Aye s: Counc i 1 Member s Ko ltay, Hath away, Kozacek, Bi 1 o , Hab eriich t, C.ayton, Van Dyke Englewood City Council Minutes April 18, 1988 -Page 2 Nays: None Abstain: None Ab sent: None Motion carried . 6 . Pre-scheduled Vi si tors Th ere were no pre-sc hedul ed vis itors. 7. Non-scheduled Visitor s There were no non -schedu led v isitors . 8 . Conrnunications and Proclamations (a) COUNCIL MEMBER CLAYTON MOVED, COUNCIL MEMBER HABENICHT SECONDED, TO DECLARE THE WEEK OF APRIL 24 -30, 1988 AS 'READING IS FUN WEEK.• Ayes : Council Members Koltay, Hathaway, Kozacek, Bila, Haben ich t, Clayton, Van Dyke Nays : None Abstain : None Absent : None Mot ion carried . (b) COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION OF DAVE CIANCIO FROM THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY . Ayes : Counci 1 Members Ko ltay, Hathaw ay , Kozacek, Bi 1 o, Habenicht, Clayton, Van Dyke Nay s: None Abstain : None Absent: None Motion carr i ed . Staff was directed to respono to Mr . Ciancio's l etter . (c) COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO RECEIVE THE LETTER FROM PENNY A. DIETRICH, EXECUTIVE DIRECTOR OF ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY, RECOMMENDING THE APPOINTMENT Of JOI:: WH/~RY, COAST TO COAST HARDWARE, OR GARY OXMAN, WAGNER'S DINETTES, TO FILL THE VACAnCY CREATED BY MR . CIANCIO, SAID VACANCY TO EXPIRE JUNE 30, 1990. Aye s: Counc i 1 Me mbers Kol tay, Ha th away, Kozacek, Bil o, Habenicht, Clayton , Van Dyke Nays : None Abstain : None Absent: No~e Motion carried . 9 . Consent Agenda COUNCIL MEMBER KOZACD : MDV ED. COUNCIL MEMBER BI LO SECONDED, TO ACCEPT CONSENT AGENDA ITEMS 9 (a ) TH'(OUGH ( h) • I I I I Englewood City Council Minutes April 18, 1988 -Page 3 Ayes : Coun cil Members Koltay, Hathaway, Kozacek, Bilo, Habeni cht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Mot ion carried. As a point of order, it was clar ified that Co nse nt Agen da Item s 9(a) through (g ) s hould be accepted , 9(h) should be approv ed. COUNCIL HEHBER KOZACEK HOVEO, COUNCIL HEHBER BILO SECONDED, TO ACCEPT CONSENT A'iENOA ITEHS 9(a) THROUGH (g) ANO TO APPROVED CONSENT AGENDA ITEH 9(h). (a) Minutes of the Board of Career Service Commissioners meeting of January 21, 1988 . (b) Minutes of the Liquor Li censing Authority meetings of February 17 , March 2, and March 16, 198B. (c) Minutes of the Englewood Housing Authority Annual Meeting and Regu - 1 ar Meeting of February 24, l 988. (d) Minutes of the Urban Renewal ~uthority meeting of March 2, 198B . (e) Minutes of the Board of Adjustment ar,tl .~p pe ais meeting of March 9, 1988. ( f) Minutes of the Downtown Development Authority meeting of March 9 , 198B . (g) Minutes of t he Planning and Zoning Commission meeting of March 22 , !9B8. (h) Ordinance No . 10, Series of 1988, amending Title 3, Chapter 6, En- glewood Municipal Code, 1985 , relating to the City of Englewood Non-emergency Employees Retirement Pl an and Trust. Ayes : Council Members Koltay, Hathaway, Kozacek, Bile, Habeni cht, Clayton, Van Dyke Nays : None Abstain : None Absent : None Motion carried . Staff wa s directed to assist Council by clarifying this mat - ter for future meeting s . 10. Public Hearing No public hearing was scheduled. 1 I. Ordinances, Resolutions and Hot ions (a) A recommendation from the Park s and Recreation Department to adopt a bill for an ordinance amending the Englewood Municipal Code regarding the appointment of a Trustee to the Malley Center Trust Fund Committee was con- sidered. Council Member Clayton no t ed that this wa s not a recommendation from the Park s and Recreation Depa r tment , that it had arose from a discussion of Council . COUNCIL BILL NO . 15 , INTRODUCED BY COUNCIL MEMBER CLAYTON , WAS READ BY TITLE : Englewood City Counci 1 Hi nute ;; April 18, 198& -Page 4 A BILL FOR AN ORDINANCE AMEN DING TITLE 4 , CHAPTER 3 , SECTION 9, "MALLEY CENTER TRUST FUND ," ENGLEWOOD MUNI CIPAL CODE 1985, RELATING TO TRU STEES . COUNCIL HEHBER CLAYTON HOVED, COUNCIL HEHBER HABENICHT SECONDED , PASSAGE OF COUNCIL BILL NO , 15, SERIES OF 1988, Mr. Clayton exp lain ed that thi s ordinance affec t s only th e Tru s tee to be ap- µointed from the City Council who shall serve during tenure in office. Mr . Clayton is recommending that the City Coun c il have the option t o appoint a Cr;1: ·c i 1 Me mber to serve during t enur• or a citizen of Eng 1 ewo od to be ap- pointed for a two -year term , which would allow Council the o ption eve r y two ye ars to either reappoint a Council Me mb e ,· or to appoint another citizen . Discussion en sue d concerning t he pro p,i ser, wordi ng of §4 -3-9 A. 1. "O ne trustee to be appointed from the City Counci l who s hall serve during tenure in offi ce or a citizen of Englewood to be appointed for a two year term ." COUNCIL HEHBER BILO MOVED TO AHENU THE WORDING IN SECTION 1 OF COUNCIL BILL NO. 15, §4-3-9 , BY STRIKING AFTER TH< WORD 'OFFICE' THE WORDS 'OR A CITIZEN OF ENGLEWOOD TO BE APPOINTED FOR A TWO YEM TERM " AND TO INSERT AFTER THE WORD "O FFICE' THE WORDS 'OR A CITIZEN OF ENGLEWOOD TO BE APPOINTED TO SERVE AT COUNCiL'S PLEASURE.' COUNCIL HEHBER K~ZACEK SECONDED THE MOTION TC AHEND, Mr. Bilo explained that he felt this would give Council t he nece ssa ry control of the appointment . COUNCIL HEHBER CLAYTON MOVED TO FURTHER AMEND THE WORDING STATED ABOVE BY ADD- I NG AFTER THE WORD 'PLEASURE," THE PHRASE 'BUT NOT TO EXCEED A TWO-YEAR TERM. Thi s amendment was acceptable to Mr . Bilo and Mr . Kozacek, who made and secon- ded the first amendment. However, Mr . Clayton withdrew the motion to amend after further discussion. He then offered another amendm ent. COUNC'L HEHBER CLAYTON MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO ADO AFTER THE WORD 'PLEASURE,•, THE PHRASE 'OR FOR A TWO-YEAR TERM." After discussing the ma tter forther Mr. Clayton withdrew t he second amendment. City Attorney DeWitt clarified the wording as now proposed: "One trustee to be appoint ed from the f.ity Cou ncil who sha ll serve during tenure in office or a citizen of ~.,g,ewood to be app oi nted to serve at Council 's pleasure." COUNCIL HEHBER CLAYTON HOVEO TO AMEND TO ADD THE WORDS AFTER "AT COUNCIL'S PLEASURE' THE PHRASE ', OR FOR , TERM NOT TO EXCEED TWO YEARS." COUNCIL HEH- BER KOZACEK SECONDED THE MOTION. Be fore voting, the City Clerk rea d t he e ntire sect ion as it would read if both amendments were approved : I I I I Englewood City Council "lnutes April 18, 1988 -Page 5 'One t r ust ee ,o be appointed from the City Council who shall serve during tenuri In office or a citizen of Englewood to be app oi nted t o serve at Council's pleasure, or for a term not to exceed two years ." Vote re sults on am endme nt adding the words ", or fo r a term no t to exceed two year s.": Aye s : Cou nc i ' Members Koltay , Hathaway, Kozacek , Bilo, Habenicht , Clayton Nays : Mayor Van Dyke Abstain: None Absent : None Moticn carried. Vote re sult s on amendment striking the words "for a two year term ' and adding after "appointed" the words "to serve at Council's plea sure , or for a term not to exceed two years." Aye s : Council Memb ers Koltay, Hathaway , Kozacek, Bilo , Habenicht, Clayton Nays : Mayor Van Dyke Abstain: None Absent : None Motion carried, and Council Bill No . 15, Series of 1988, as amended, wa s duly approved on first reading . (b) Ci ty Manager Mccown presented a recommendation to adopt a bill for an ordinance providing for a 25-year franchise agreement with the Public Ser - vice Company and for the estab li shment of a special election on June 21, 19B8 . Mr. Mccown explain ed that he had highlighted the key provisions of the agree- ment in the Council Communication . He informed Council that Mr. Jim Chambers, District Manager, and Mr. Tom O'Donnell, Attorney, both representing Public Service Company, were present should Council need additional information . COUNCIL BILL NO . 14, INTRODUCED BY COUNCIL MEMBER KOZACEK, WAS READ BY TITLE : A BILL FOR AN ORDINANCE RELATING TO THE OPERATION OF A GAS ANO ELECTRIC SYSTEM WITHIN THE CITY OF ENGLEWOOD ANO SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD TIIE QUESTION OF WHETHER THE CITY OF ENGLEWOOD SHOULD GRANT A FRANCHISE TO PUBLIC SERVICE COMPAN Y OF COLORADO, ITS SUCCESSORS , TRANSFEREES , ANO ASSIGNS , TO ERECT , CONSTRUCT, OPERATE ANO MAINTAIN IN , UPON , ALONG, ACROSS, .\BOVE, OVE~ ANO UNDER THE STREETS, ROADS , HIGHWAYS, AVENUES, ALLEYS, VIADUCTS, BRIDGES , SIDEWALKS, PUBLIC UTILITIES ANO OTHER PUBLIC EASEMENTS, PUBLIC WAYS ANO OTHER PUBLIC PLACES, DEDI CATIONS ANO RESERVATIONS IN THE CITY OF ENGLEWOOD, BOTH NOW IN EXISTENCE ANO AS MAY BE CREATED OR ESTABLISH[O DURING THE TERM OF THIS FRANCHISE, ANY FACILITIES REQUIRED FOR THE TRANSHIS - SION, DISTRIBUTION, ANO SALE OF GAS ANO ELECTRICITY WITHIN THE CITY OF ENGLE - WOOD ; FIXING THE TERMS ANO CONDITIONS THEREOF; PROVIDING FOR THE CALLING ANO HOLDING OF A SPECIAL ELECTION UPON SAID QUESTION , THE DETERMINING OF THE RESULTS THEREOF, ANO FOR THE EXEC UTION ANO DELIVERY OF SAID FRANCHISE ACCORD - ING TO ITS PROPOSED TERMS, IF THE RESULT OF SUCH VOTE OF THE QUALIFIED ELEC - TORS AT SUCH ELECTION SHALL BE IN THE AFFIRMATIVE FOR THE GRANTING OF SAID FRANCHISE. Englewood City Council Minutes Apri 1 18, 1988 -Page 6 CO i NCIL HEHBER KOZACEK HOVED, COUNCIL HEHBER CLAYTON SECONDED, FOR PASSAGE OF COUNCIL BILL i )O. 14, SER,ES OF 1988, AND TO ESTABLISH JUNE 21, 1988, AS THE DAT E FOR THE SPECIAL ELECTION. Aye s: Council Me mb er s Koltay, Hatnaway , Koza cek, Bilo, I Habenicht , Cla y ton , Van Dyke Nay s: None Abstain : None Abs ent : Non e Moti on carried. Hr . Mccown wa s com plimented on the summary of the detail s of the agre eme nt and the members of the negotiating committee were commended for their cont ributions . It wa s stated for the re cord t hat the City will be r eim- bursed for the costs of the special electi on. (c) City Manager Mccown pres ented a recommendation to adopt a reso l u- tion allowing for a negot i ated contract for the 1988 Slurry Seal Prograrn and permitti ng the award of said contract to Bass , Inc., in an amount of $195,000. RESOLUTION NO . 18 SER IES OF 1988 A RESOLUTION ALLOWING FOR A NEGOTIATED CONTRACT FOR THE SLURRY SEAL PROGRAM 1988 INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SECTION I 16(b) OF THE HOME 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 EN r.LEW OOD STR EET SYSTEM. COUNCIL HEHBER HATHAWAY MOVED, COUNCIL HEHBER KOZACEK SECONDED, TO APPROVE RESOLUTION NO, 18, SERIES OF 1988. COUNCIL HEHBER KOLTAY HOVED, COUNCIL HEHBER CLAYTON SECONDED, TO AMEND SECTION I OF THE RF.SOLUTION, PAGE 2, LINE I, ADDING AFTER '1988' THE WORDS 'IN AN AHrUNT NOT ··o EXCEED $195,000 '; SECTION I TO READ: 'SECTION I. THE DEPARTMENTS OF ENGINEERING SERVICES ANO PUBLIC WORKS ARE HEREBY AUTHORIZED TO NEGOTIATE A CONTRACT FOR SLURRY SEAL PROGRAM 1988 IN AN AMOUNT NOT TO EXCEED $195,000 IN LIEU OF THE COMPETITIVE BID PROCESS AS ALLOWED BY SECTION 116(b) OF THE ENGLEWOOD HOHE RULE CHARTER ANO SEC- TION 4-1-3-1, ENGLEWOOD MUNICIPAL CODE 1985.' Vote results on the am endment : Ayes: Counci 1 Members Ko ltay, Hathaway , Kozacek, Bilo, Habeni cht, Clayton, Van Dyke Nays : None Abstain : None Ab sen t: None Motion carried . Vote result s on the or igi nal motion to approv e Resolution No . 18 as amended: Ayes : Council Memb ers Koltay , Hathaway , Kozacek, Bilo, Hab enicht, Clayton , Van Dyke Nays : None Abstain: None I I I Englewood City Counc11 Minutes April 18, 1988 -Page 7 Absent: None Motion carried . (d) A resolution opposing "Lotto" form of gamb ling in the State of Co lorado wa s considered . RESOLUTION NO . 19 SER IES OF 1988 SP ONSOREO BY COUN CIL MEMBER KOZACEK A RESOLUTION OPPOSING THE "L OTTO" FORM OF GAMBLING IN TH E STAT E OF COLORADO . COUNCIL MEMBER KOZACEK MOVED, COUNCIL HEHBER HAWAWAY SECONDED, TO APPROVE RESOLUTION NO. 19, SERIES OF 1988. Council Member Kozacek explained that t his issue had been brought up at a Parks and Recreation Co1M1ission meeting and that the Commission voted in favor of such a resolution with the stipulation that the resolution is not against "Lotto" bu t i s aga i nst the idea that the monies to be derived would be ear- marked for prisons, etc ., not for recreational purposes. Oi sc ussio n ensued concerning the wording of the reso lution . Various Council Member s stated their positions on this matter. COUNCIL HEHBER CLAYTON MOVED, COUNCIL MEMBER KOLTAY SECONDED, TO TABLE APPROV- AL OF RESOLUTION NO. 19, SERIES OF 1988. Ayes : Council Members Koltay, Bilo, Habenicht, Clayton , Van Nays : Abstain : Absent: Motion carried . Dyke Counc i 1 Members Hathaway , Kozacek None None ( e) City Manager Mccown presented a recommendation from the Bi -CI ty Supervisory Co1T1T1ittee to adopt a resolution approving the Long Range Master Plan for the Bi-City Wastewater Treatment Plant . Mr. Mccown explained that this matter required approval by both cities involved, Englewood and Little- ton; Littleton wi ll be considering the matter Tuesday, April 19th . Th e resolution basically states that the City of Englewood approve s the plan, that we wi 11 sec ure engineer s t o effectuate Pha se la , immediately collVllence review - ing l b, •efine and seek grant or loan assistance which may be available from the State or Federal government. He recollVllended approval of the resolution . RESOLUTION NO . 20 SERIES OF 1988 A RESOLUTION APPROVING A LONG -RANGE MASTER PLAN FOR TH E LITTLETON/ENGLEWOOD Bl-CITY WASTEWATER TREATMENT PLAN. MAYOR VAN DYKE MOVED , COUNCIL HEHBER KOZACEK SECONDED, TO APPROVE RESOLUTION NO. 20, SERIES OF 1988 . Englewood • ity Council Minutes April 18, 1988 • PaJe 8 Council Member Ko zacek stated for the record that the funding for thi s would be coming from po s sible grants and /or loans from the Federal government , that the long -range master plan would not hav e a direct impact on tap fee and usage at this time , and further that i t wou ld not affect the gen eral budget in any wa y. Uti lit ie s Di rector Fonda re s pond ed to que stions concerning the time frame , stating that it would take two to three months to get an engineer on board, nine mo nths to a yea r for the pre -desig n and detail design . The target date to begin constructi on, if approved by both Councils, i s mid-to lat e 1989 with a three to five year total build-out. Funding through long-term loan grant wa s di scu ssed . Concern was expres se d about odor reduction and moving forward certain items in Phase lb to Phase la to accomplish this . Mr. Fonda assured Council thi s would be done as soon as pos si ble. Regarding the odor reduction , it was suggested that an article be printed in the Englewood Sentinel or The Citizen to advise the cit i zens of thi s action . He also assured Council that effort would be made to pursue an y grant monies which might become available. Mr . Fonda was complimented for his concern and dedication to improve employee safety and to decrease hazardous situations. Vote results: Ayes : Nays : Ab sta in : Absent: Mot ion carried . Council Members Koltay, Hathaway, Kozacek, Bilo , Habenicht, Clayton, Van Dyke None None None 12. City Manager's Report Mr. Mccown did not have any matters to bring before Council . 13. City Attorney's Report (a) Mr. OeWi tt presented information and requested direction from Coun - cil on the following matters : ( i) Water cases concerning the Town of Morri son , City of Thornton , Roxborough Village Metropolitan District , Town of Castle Rock , City of Westminster and 0 . C. Burns Realty and Trust. COUNCIL MEM8ER KOZACEK MOVED, COUNCIL MEMBER HABENICHT SECONDED, TO DIRECT THE CITY ATTORNEY TO PROCEED AS NECESSARY IN THE CASES IDENTIFIED IN AGENDA ITEM 13(a)(i). Ayes : Nay ~: Abstain : Absent : Motion carried. Council Member s Ko ltay, Hathaway , Kozacek , Bi 1 o, Hab enicht, Clayton , Van Dyke None None None (ii) Hoffschneider Concrete I I I I Englewood City Council Minutes April 18, 1988 -Page 9 COUNCIL MEMBER KOLTAY MOVED, COUNCIL MEMBER CLAYTON SECONDED, TO DIRECT THE CITY ATTORNEY TO PURSUE THE RECO 'IERY OF THE BONDING MONIES ($2,000) .\NO TO PURSUE THROUGH OTHER APPROPRIATE f-'IENUES THE BALANCE OF THE MONEY ($4,700). Ayes : Council Members Koltay, Hathaway, Kozacek, Bilo, Habenicht , Clayton, Van Dyke Nays: None Abstain: None Absent: Non e Motion carried . (iii) Sign Code Violations . COUNCIL MEMBER KOZACEK HOVED, COUNCIL MEMBER HATHAWAY SECONDED, TO TABLE AGEN- DA ITEM 13(a)(iii). Ayes: Council Members Ko ltay, Hathaway, Kozacek, Bil o, Habenicht, Clayton Nays : Mayor Van Dyke Abstain: None Absent: None Mo tion carried. (iv) OR Ltd . v. City and Leyden v . City COUNCIL MEMBER CLAYTON MOVED, COUNCIL MEMBER HABENICHT SECONDED, TO AUTHORIZE THE CITY ATTORNEY TO PROCEED IN THE HATTER OR LTD. V. CITY WITH THE PRO VI SION THAT WE NOT INSIST THAT THE CURRENT ORDINANCE THAT IS IN CONFLICT BE UPHELD AS A CONDITION OF THAT APPEAL. Ayes : Council Members Koltay, Hathaway , Kozacek, Bilo , Habenicht, Clayton Nays : Mayor Van Dyke Abstain: None Absent : None Motion carried . COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MEHBER KOZACEK SECONDED, TO DIRECT THE C !TY ATTORNEY TO PURSUE THE APPEAL OF LEYOON V. C !TY. Ayes: Council Members Koltay, Hathaway, Kozacek, Bila, Habenicht , Clayton Nays : Mayor Van Dyke Abstain : None Absent : None Motion carried . (v) City Attorney DeWitt advised Council that action taken this evening under Agenda I tern 11 ( a) conforms to Roberts Rules of Order ; two amendments of a particula r issue are permitted . Council Member Koltay in- quired about Council's adopted Rules and Pro ced ure s, and requested that a copy of the Rules and Procedures would be available at all times. Council Hember Englewood City Council Hi nutes April 18, 1988 -Page 10 Kozacek also requ ested that each chairperson of th e boards and commissio ns be pr ov i ded a copy of the Rules and Pro cedures, as adopted by Council. 14. Genera 1 Discu ssi on (a) Mayor 's Cho ice Mayor Van Dyke did not have an y matters to bring befo re Council. (b) Council Memoer's Choice (i) COUNCIL MEMBER KOZACEK MOVED , COUNCIL MEMBER BILO SECONDED, TO APPOINT RUSSELL HATHAWAY, AS YOUTH MEMBER OF THE PARKS AND RECREATION COMMIS- SION TO A TERM TO EXPIRE OCTOBER 1, 1988. Ayes : Counci l Mem bers Kollay, Kozacek, Bilo, Hab eni cht , Cla yton , Van Dyke Nay s: None Abstain : Council Me mber Hath away Absent: None Motion carried. Coun c il Member Hathaway stated s he abstained as s he had a 'di rect personal involvement with the perso n in qu estion", namel y her son. 15. Adjournment COUNCIL MEMBER KOLTAY MOVF.D TO ADJOURN. The me eting adjourned at 9 :00 p .m. I I