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HomeMy WebLinkAbout1988-05-02 (Regular) Meeting MinutesI I 1. Ca 11 to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Re ul ar Session Hay 2, 1988 The regular meeting of the Eng 1 ewood City Counc i 1 was ca 11 ed to order by Mayor Van Dyke at 7:34 p .m. 2 . Invocation Th e invocation was given by Cour.c i 1 Member Ko ltay . 3. Pledge of Allegiance The Pledge of Allegiance was lerl by Mayor Van Dyke. 4 . Roll Call Present: Council Members Hathaway , Koltay, Kozacek, Bile , Habenicht, Clayton, Van Dyke Absent: None A quorum was present. Also present : City Manager McCow n City Attorney DeWitt Assistant City Manager Vargas City Clerk Crow Acting Director Romans, Community Development Di rector Kuhn, Parks and Rec re at ion 5. Minutes (a) COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER SILO SECONDED, PROVE THE MINUTES OF THE REGULAR MEETING ~F APRIL 18, 1988. Mot ion Ayes : Council Members Koltay, Hathaway, Kozacek, Habenicht , Clayton, Van Dyke Nays : Abstain: Absent : carried. None None None 6 . Pre-scheduled Visitors There were no pre -scheduled visitors. TO AP · Bil o, Englewood City Council Minute s Hay 2, 1988 -Page 2 7 . Non -schedu 1 ed Vis it ors Ther e were no non-sc heduled vis itors . 8 . Corrrnunications and Proclamati ons (a) COUNCIL HEH8ER CLAYT ON HOVEO, COUNCIL HEHBER KOZACEK SECONDED, TO DECLARE APRIL 30, 1988 AS BUDDY POPPY DAY. Ayes: Cou nc il Members Ko ltay , Hat haway, Kozacek , Bi 1 o, Ha benicht , Cl ay t on, Van Dyke Na y s: No ne Ab st ai n : None Ab se nt : None Motion carr i ed . (b) COUNCIL HEHBER HATHAWAY HOVEO, COUNCIL HEHBEk KOZACEK SECONDED, TO DECLARE THE WEEK OF HAY 2 -8, 1988 AS PUBLIC SERVICE RECOGNITION WEEK . Aye s : Co unc il Mem bers Ko ltay , Hath awa y, Ko zacek , Bi le , Hab enicht , Cl ay ton , Van Dyke Nay s : None Ab st ain : None Ab sent: Non e Mot i on car r ied. 9 . Consent Agenda COUNCIL HEHBER HATHAWAY HOVEO, COUNCIL HEHBER HABENICHT SECONDED , TO ACCEPT CONSENT AGENDA ITEHS 9 {a) THROUGH ( e) ANO TO APPROVE CONSENT AGENDA ITEHS 9 (f) THROUGH (i ). (a ) Mi nutes of the Parks and Recre at ion Comm i ssi on meeti ng of Marc h 10, 1988 . (b) Minut es of t he Planning an d Zon i ng Commi ss i on me eting of Ap r il 5, 1988 . (c ) Mi nute s of the Publi c Li brary Advi sory Boa r d meeti ng of llpril 12, 1988 . (d) Tra nsmittal of r eplie s t o Pa vi ng Distric t No . 32 assessme nt pr otest l etters. (e) Ordin an ce No. 11 , Ser ies of 1988, i ntroduce d by Coun c il Me mber Ko l - t ay , entitl ed : I AN ORD I NANC E APPROVIN G THE WHOLE COST OF TH E I MPROV EMENT S MAO [ I WITHIN PAVING DISTRI CT NO . 32 , IN THE CIT Y OF ENGLEWOOD , CO LORADO ; AP PROVING ANO CO NFIRMING THE APP ORTIONMENT OF SAID CO ST lO EACH LOT OR TRA CT OF LANO I N SAID DI STRI CT; AS SESSING A SHAR E OF SAID COST AG AIN ST EA CH LOT OR TRACT OF LANO ; AN D PRE SCRIBING THE MANNER FOR TH E COLLECT IO N AN O PA YM ENT OF SP.iO AS SES SMENT . (f) Or di na nce No . 12, Se r ies of 1988 , i ntroduce d by Co unc il Mem ber Cl ay ton , en ti tl ed : I I Englewood City Council Minutes Hay 2, 1988 -Page 3 AN ORDINAN CE VA CATING A PORTION OF THE RIGHT -OF-WAY IN THE 3500 BLOCK OF SOUTH JASON STREET , IN THE C !TY OF ENGLEWOOD, CO UNTY OF ARAPAHOE , STATE OF COLORADO. (g) Ordinance No . 13, Seri es of 1988 , introduced by Council Memb er Kozacek, entitled: AN ORD IN ANCE AMENDING TITLE 2, CHA PTER 4, SECTION 2, ENGLEWOOD MU NIC I PAL CODE 19 85 REGAR DING PARKS ANO RECREATION COMMISSION. (h) Ordinan ce No . 14 , Series of 1988, i ntroduced by Council Memb er Kozacek, ent itled: AN OR DINAN CE RELATING TO THE OPERATION OF A G,\S ANO ELECTR!f SYSTEM WITHIN THE CITY OF ENGLEWO OD ANO SUBMI TTING TO THE QUALIFIED ELEC - TORS OF THE CITY OF ENGLEWOOD THE QUESTION OF WHETHER THE CIT Y OF EN GLEWOOD SHO ULD GRANT A FRANCHISE TO PUBLIC SER VI CE COMPANY OF COLORADO, ITS SUCCESSORS, TRANSFEREES, ANO ASS I GNS, TO ERECT , CON - STRUCT, OPERATE ANO MAINTAIN IN, UPON , ALONG, ACROSS, ABOVE , OVER ANO UNDER THE STREETS, ROADS, HIGHWAYS , AVENUE S, ALLE YS, VIADUCTS , BRIDGES , SIDEWALKS , PUBLI C UT I LIT! ES ANO OTHER PUBLIC EASEMENTS, PUBLIC WAYS ANO OTHER PUBLIC PLACES , DEDICATIONS ANO RESERVATIONS IN THE CITY OF ENGLEWOOD , BOTH NOW IN EXI STENCE ANO AS MAY BE CRE- ATED OR ESTABLISHED DURING THE TERM OF THI S FRANCHISE, ANY FACILI- TIES REQUIRED FOR THE TRANSMISSION, DISTRIBUTION , AND SALE OF GAS AND ELECTRICITY WITHIN THE CITY OF ENGLEWOOD ; FIXING THE TERMS AND CONDITIONS THEREOF; PROVIDING FOR THE CALLING ANO HOLDING OF A SPE- CIAL ELECTION UPON SAID QUESTION, THE DETERMINING OF TH E RESULTS THEREOF, AND FOR THE EXECUTI ON AND DELIVERY OF SAID FRANCHISE AC- CORDING TO ITS PROPOSED TERM S, IF TH E RESULT OF SUCH VOTE OF THE QUALIFIED ELECTOR S AT SUCH ELECTION SHALL BE IN THE AFFIRMATIVE FOR THE GRANTING OF SAID FRAN CHISE. (i) Ordinance No. 15 , Serie s of 1988 , introduced by Council Member Clayton , ent it 1 ed: AN ORDINAN CE AMENDING TITLE 4 , CH APTER 3 , SECTION 9 , "MALLEY CENTER TRUS T FUND ," ENGLEWOOD MUNICIPAL CODE 1985 , RELATING TO TRUSTEES . Before voting , Cou nci l Me mbe r Clay ton stated he wi shed to abstain from voting on Agenda Item 9 (e) -Paving Di strict No . 32 Assessments , as he lived and owned prop erty within the Di strict. He was advised that having made that st atement , he could ab stain from voting on the Consent Agenda i terns . Council - me mber Clayton wi shed it to be known that hi s ab stention was directed solely to Agenda Item 9 (e), otherwise he would acce pt and approve all other Consent Age nda I terns . Ay es: Nay s: Abstain: Ab sent: Co uncil Members Koltay, Ha t haway , Kozacek, Bilo, Habenicht, Van Dyke None Council Member Clayton None Englewood City Counci 1 Hi nut es Hay 2, 1988 -Page 4 Motion carr i ed. 10. Public Hearing (a) May or Van Dyke announ ced that th e purpose of th e pub 1 i c hearing wa s l o co nsider an ordinan ce on final reading amending Title 16, Chapter 4, Sec- ti on 18 of the Compr ehen s ive Zoning Ordinance pertaining to land sca pi ng . COUNCIL HEHBER KOZACEK HOVED, COUNCIL HEHBER CLAYTON SECON!:JED, TO OPEN THE PUBLIC HEARING. Aye s: Counc i 1 Memb ers Ko ltay, Ha th away, Kozacek , Bil o, Habenicht, C 1 ayton, Van Dyke Nay s: Non e Ab stai n: None Ab se nt : None Mayor Van Dyke declared the mot ion carried and the publi c hearing open. Acti ng Director Romans, be ing duly sworn , presented testimony relative to the Landscape Ordinance which was adopted by Ordinance No . 2 , Series of 1984, as a result of the Goa 1 s and Courses of Action in the 1979 Comprehensive Pl an . She ex plained that during the past two or three years certain glitches had been revea 1 ed and that some of the sections were not easily interpreted ; therefo r e, the Planning Commission had reviewed this chapter of the Code. She enumerated the various pr oblems which the Plann i ng Convnis s ion had reviewed. A public hearing before the Convnission was held on April 21, 1987, and amendments were submitted to the City Council; however , it was Council's decision at that time to refer the amendments back to the Planning Commission based on concerns which were expressed by the Governmental Affairs Liaison Committee of ~he Greater Englewood Chamber of Convnerce . The Convnl ss ion and the committee re - viewed those concerns and arrived at a joint conc urrence as to an,endments to the Landscape Ordinance. Those amendments are reflected in proposed Council Bi 11 No . l I. Ms . Roman s exp 1 a i ned the 1 ogi c behind the amendment s. She pr es- ent .,d Counc i 1 with a 1 i st of monie s which had been deposited into the Land - sca pe and Fine Arts Account totaling $3 ,984.47. She explained the formula uti l ized to arrive at these deposits and she explained the new forrnula as con- tained in the propo sed ordinance . Ms. Roman s responded to qu estions of Coun- c i 1 co ncerning the Land , ,:ape and Fine Arts Ac cou nt and the poss i bi 1 ity of a 1- 1 owing money r equired under thi s sectic,n of the ordinance to be spent on beautification of the front of the structure when 1 andscaping was not pos- sible. The minimum depth of ro ck and bark , and the requirement of a polycloth unde r lay when landscaping with rock and/or bark was discussed as well as the minimum sizes of landscaping s tock . There was no one present ott.2r than Ms. Romans who wi s hed to speak in favor or opposition to the propo sed ordinance. COUNCIL HEHBER KOZACEK HOVED, COUNCIL HEHBER BILO SECONDED, TO CLOSE THE PUBLIC HEARING. Ay es: Council Members Koltay, Hath awa y, Kozacek, Bilo, Habeni cht , Clayton, Van Dyke Nays : None I I I I Englewood City Council Minutes Hay 2 , 1988 -Page 5 Ab stain : None Ab se nt : Non e May or 'Jan Dyke dee 1 a red the motion carried an d the public he .i-i ng clo se d. COUNCIL 81 LL NO , I I, SER I ES OF 1988, INTRODUCED BY COUNCIL MEMBER BI LO WAS READ BY TITLE : AN ORDINANCF AMENDING TITLE 16, CHAPTER I , SECT ION 18 : LAN DSC APE ORDINANCE , ENGLEWOOD r.JNICIPAL CODE 1985 . COliNCIL MEMBER BILO MOVED, COUNCIL MEMBER HABENICHT SECONDED, FOR PASSAGE OF COUNCIL BILL NO. 11. Mr. Bilo stated the i ntent of :ouncil Bill No. 11 is i o c larify and update the Land sc ape Ordinance in order to creat e an attractive environmental atmosphere for the con stituency, busine ss owners and visitors to the City of Englewood . COUNCIL MEMBER KOZACEK MOVED TO AMEND COUNCIL BILL NO. 11 REL.'ilVE TO MINIMUM LA!◄DSCAPING REQUIREMENTS (§16-4-18 C. 1. c. (4) ROCK ANO STOI /E) BY CHANGING THE MINIMUM DEPTH FOR ROCK BEDS FROM 3' TO 2'; AHO FURTHER TO ADD A NEW SUB- PARAGRAPH (5) REQUIRING THE USE OF POLYCLOTH (NOT PLASTIC) AS AN UNDERLAY. The motio n , wh ich did not receive a second, was discu ssed in depth . The merit s of polycloth as opposed to plastic were pre sented by Council Member Kozacek and were confirmed by Director Kuhn , Parks and Recreation Department . A generic name for polycloth was discussed . City Attorney DeWitt suggested more research on the matter and offered to work with Mr . Kuhn to provide the prop ar wording for the amendments being suggested. COUNCIL MEMBER BILD MOVED, COUN CIL MEMBER KOZACEK SECONDED, TO TABLE THE AMENDMENTS. Ayes : Counci l Me mbers Hathaway , Kozacek, Bil o, Clayton Nays: Counc il Me mbers Ko ltay, Habenicht , Van Dyke Abstain: No ne Absent: None Mot ion carried and amen dments tab 1 ed, Council Member Bilo called for the question . Council Member Clay ton asked to offer other amendment s. Mayor Van Dyk e recog - nized Mr . Clayton who presented the r easoning for various amendme nts which he was proposi ng : 1) §16-4 -18 B. 2 .-provide an optivn to the requirement of depositing monies in the beautification ac count (PIF) to permit owner of the business to spend an equal amount to improve the exterior appearance of the building side facing the street. Al so -cla ri fy that the measurement of the lot area would be based on square feet. 2) §16-4-18 C. 1. c. (2) -eliminate all minimum size requirements for de.:iduou s trees, evergreen tree s, flowering dec iduous and evergreen shrubs and hedges. Englewood City Council Minutes Hay 2, 1988 -Page 6 3) §16 -4-18 C. l. c. (1) -delete the deciduou s tree requirement. Counci l Member Clayton was willing to offer the amendment s Individually or as on e amendment. As the amendments had not be en offered in mot ion form, Ma}or Van Dyke ,;uggested tabling the Cou ncil Bill and t o direct the City Attorney to revise the proposed ordinance for co ns iderati on at the next Council meeting . COUNCIL HEHBER CLAYTON HOVEO, COUNCIL HEH8ER KOZACEK SECONDED, TO TABLE COUf.- CIL BILL NO. II. Council Member Bilo ca lled for a point of order , stating he had called for the question previous to Council Member Clayton offering amendments . The matter was taken under advi seme nt by the City Attorney, who stated that since the Mayor had recognized Counc i 1 Member Clayton, she had es sent i a 11 y overruled the ca 11 for the question. Vote results on the motion to tab 1 e: Ay es: Council Membe rs Koltay, Nays : Abstain : Absent : Motion carried. Clayton, Van Dyke Counc i 1 Member Bi 1 o None None Hathaway , Kozacek, Habeni cht, lt was suggested that thi . , tter be presented to the Planning and Zoning Com - mission and to The Great,. Englewood Chamber of Commerce for their input. Council Member Clayton st ated that in the future he would prefer that Council have an opportunity to provide input into propo sed ordinances before they are to be considered by the Planning and Zoning CorM1ission at a public hearing . 11 . Ord I nanc ~s, Reso 1 ut Ions and Hot Ions (a) A recommendation from the Bi -C ity Wastewater Treatment Plant Super - visory Committee to adopt a bill for an ordinance authorizing a Joint Funding Agre ement with the U. S. Geological Survey was considered. CQUNClL BILL NO . 16 , lNTRODU CED BY COUNCIL MEMBER KOZACEK, WAS READ BY TITLE : A BILL FOR AN ORDINANCE APPROVING THE JOINT FUNDING AGREEMENT BETWHN THE CITY OF ENGLEWOOD Bl -CITY WASTEWATrn rREATMENT PLANT AND THE U. S. GEOLOGICAL SUR - VEY FOR THE OPERATION AND MAINTENANCE OF A STREAM-GAGING STATION LOCATED ON TH E SOUTH PLATTE RIVrn AT ENGLEWOOD . COUNCIL HEHBER KOZACEK HOVEO, COUNCIL HEHBER HATHAWAY SECONDED, COUNCIL BILL NO. 16, SERIES OF 1988. City Manager Mccown informed Counc i 1 that the previously approv ed agreement between the City and U.S.G.S. was lo provide maintenance of the gag i ng station by U.S.G.S., but did not incl ud e t he performance of the actual read-outs of the equipment . He explained th at Sl,275 is 50% of the total estimate -Engle- wood would pay 60%, Littleton 40%. I I I I Engle1o1ood City Council Hinute s Hay 2, 1988 -Page 7 Vote results: Aye s: Counc i 1 Member s Ko ltay, Ha th away , Kozacek, Bi 1 o, Habenicht, Clayton, Van Dyke Nay s: None Abstain : None Absent: None Motion carried. (b) A recommendation from the City Manag er to adopt a resolution ap - pro priating fund s for '.he Urban Renewal Authority wa s considered. RESOLUTION NO. 21 SER IES OF 1988 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. HAYOR VAN DYKE HOVED, COUNCIL HEHBER KOZACEK SECONDED, TO APPROVE RESOLUTION NO. 21, SERIES OF 1988. Cit; Manager Mccown explai ned the need of the Urban Renewal Authority for ad - d itional monies. He recommended two sources of fund s to meet their need s: I) S72,000 from the PIF fund balance and 2) $98,000 from escrow monies. Council f'•c ~ber Habenicht stated her opposition to the use of the es ~r 1w monies. Coun- ;' Member Kozacek stated his concern about the appropriatio · ,,1 monies from •he various funds; how ever , he stated he would support the adoption of the resolution . Mayor Van Dyke expressed her confidence in staff's management of the funds. Mr . Mcc own confirmed that the monies would be considered a loan and would be added to the S778,000 note covered by the Su bordinate Debt Agree - ment. The mon I es wi 11 be kept in the Pub 1 i c Improvement Fund and drawn upon as necess ary by the Urban Renewal Authority . Vote results: Ayes: Nays: Abstain: Absent: Motion carried . Council Members Koltay, Hathaway , Kozacek, Bilo, Clay- ton, Van Dyk e Council Member Habenicht None None (c) Di scussion ensued relative to the pro ce ss of pre senting the amen~- ment s to the Landscape Ordinance and of the public hea r ing to consider thos ~ amendments . 12. City Hanager' s Re por t Mr . Mccown did not have any matters to bri ng before Council. 13 . City Attorney 's Report (a) Mr. DeWitt suggested that the agre em ent regarding the statue "Come Back My Br others " be considered at the next .study se ~s ion. Englewood City Council Hi nutes Hay 2, 1988 -Page 8 (b) He announced that the water me ter ordinance had been recorded with th e Arapahoe County Clerk and Recorder's office on 1,pril 15, 1988. He has prov I ded the Ut i 1 it i es Department with a 1 is t of tit 1t companies in the Denver area and ha s suggested that a copy of the ordinance be sent to those title companies along with a City boundary map. 14. General Discussion (a) Mayor 's Choice ( i) NAVOR VAN DYKE HOVED, COUNCIL HEHBER KOZACEK SECONDED, TO PR0 - CLAIH NAY 1 -7, 1988 AS NATIONAL EXTENSION HOHEHAKER'S WEEK. Ayes: Counc i 1 Member Ko ltay , Ha th away, Kozacek, Bi 1 o, Habenicht, Cl ayton, Van Dyke Nays: No ne Abstain : None Absent: None Motion carried. (b) Council Member 's Choice (i) A resolution appointing a new member of the Englewood Do wntown Development Authority was considered . RESOLUTION NO . 22 SERIES OF 1988 A RESOLUTION APPOINTING A BOARD MEMBER TO FILL AN UNEXPIRED TERM ON THE ENGLE - WOOD DOWNTOWN DEVELCPMENT AUTHORITY . COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER CLAYTON SECONDED , TO APPOINT JOE WHARRY A MEMBER OF THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY EFFECTIVE IM- MEDIATELY TO A TERM TO EXPIRE JUNE 30, 1990. Ayes: Counc i 1 Member Ko ltay, Hathaway, Kozacek, Bi 1 o , Habenicht , Cla yton, Van Dyke Nays: None Abstain: None Absent: None Motion carried . (ii) A reso 1 ut ion supporti ng Counc i 1 Member Habenicht' s cand idacy for the Colorado Municipal League Board of Directors was considered. RESOLUTION NO. 23 SERIES OF 1988 A f'' SOLUTION ENDORSING COUNCIL MEMBER AL EX HABENICHT FOR NOMINATION TO THE COLlJRADO MUNICIPAL LEAGUE EXECUTIVE BOARD. COUNCIL MEMBER CLAYTON MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO APPROVE RESOLUTION NO . 23, SERIES OF 1988 . I I I Englewood City Council Hinutes Hay 2, 1988 -Page 9 Aye s: Counc i 1 Member Ko ltay, Hathaway , Koza ce k , Bil o, Habenicht, Clayton, Van Dyke Nay s: None Abstain: None Absent : Non e Motion carried . Coun ci l Member Kozac ek offered t o as s i st Co uncil Member Hab enich t in her candidacy and wi shed her 1 uck . I 5. Adjournment COUNCIL HEHBER KOZ ACEK HOVED TO AQJOURN . The mee ting ad jour ned at B: 34 p. m.