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HomeMy WebLinkAbout1988-05-16 (Regular) Meeting MinutesI I 1. Ca 11 to Order ENGLEWOOD C !TY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Re ular Session May 16, 1988 The regular meeti ng of the Eng l ewood City Council wa s ca ll ed to order by Mayor Pro Tern Clayton at 7:35 p.m . 2. Invocation The invocation was given by Cou nc i 1 Member Ko ltay. 3. Pledge of Allegiance The Pledge of Allegiance wa s led by Mayor Pro Tern Clayton. 4 . Roll Call Present : Absent: A quorum was pre se nt . Al so present: 5. Minutes Counc i 1 Members Hathaway, Koltay, Koza eek, Bi 1 o, Habenich t, Clayton Mayor Van Dyke Ac t ing City Manager Varga s City Attorney DeWitt City Clerk Crow Direct or Ragland , Engineering Services Fire Chief Broman Di rector Winkle , Library Services (a) COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER HATHAWAY SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY 2, 1988, Aye s: Council Member s Ko ltay, Hathaway, Kozacek , Bi 1 o, Habeni cht , Clayton Nays: Non e Abstain: None Abse nt: Ma yor Van Dyke Mot io n ca r ried. (b) COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO APPROVE TH E MINUTES OF THE SPECIAL MEETING OF MAY 9, 1988. Englewood City Council Hinutes Hay 16 , 1988 -Page 2 Ay es: Coun c il Members Koltay, Habenicht, Clayton Nay s: Non e Ab stain: Non e Ab se nt : Ma yor Van Dyk e Mol io n carr i ed . 6 . Pre-scheduled Visitors Ther e were no pre-scheduled vi sitors . 7. Non -s cheduled Visi t ors Ther e were no non -sc hedul ed visitors. 8 . Co11111unications and Proclamations Hath away, Koza cek, Bila , COUNCIL HEHBER HATHAWAY HOVED, COUNCIL HEHBER KOZACEK SECONDED, TO ACCEPT WITH DEEP REGRET THE RESIGNATION OF JOSEPH V. BILO, JR ., AS COUNCIL HEHBER AT-LARGE EFFECTIVE HAY 31, 1988. Statements of r egre t and apprec iati on for services wer e tendered to Mr . Bi 1 a. Ayes: Counc i 1 Me mbers Ko ltay, Ha th awa y, Koza cek , Habenicht, Nay s: Ab stain : Absent : Motion carried . Clayton None Council Member Bila Mayor Van Dyke COUNCIL HEHBER KOZACEK HOVED, COUNCIL HEHBER KOLTAY SECONDED, TO ACCEPT THE FOLLOWING COHHUNICATIONS CONCERNIN G THE COUNCIL HEHBER AT-LARGE VACANCY: (a) LETTER FROH DON WILLIAMS ( b) LETTER FROM THAD CARSON ( c) LETTER FROM DON SHITH AND TO ACCEPT WITH REGRET THE RESIGNATION OF LOIS STERLING FROH THE PUBLIC LI BRA RY BOARD. Aye s: Counc i 1 Member ·, \.a 1 tay , Hathaw ay, Ko :-ac ek, Habe nich t, Clay ton Na ys: Nf'l ne Ab st ain : None Absent: Ma yor Van Dy k~ Malian carried. COUNCIL HEHBER KOZACEK MOVED, COUHCIL HEMBER HATHAWAY SECONDED, TO PROCLAIM :1 AY 15 -21, 1988, AS NATIONAL DIGESTIVE DISEASE AWARENESS WEEK. Aye s: Co un c il Memb ers Koltay , Hathaw ay, Kozacek, Bila, Habe nicht , Clayton Na ys: None Abstain: None Abs ent : Ma yor Van Dyk e Moti on carried. I I I I Englewood City Council Minutes Hay 16, 1988 -Page 3 COUNCIL HEHBER HABENICHT MOVED, COUNCIL MEMBER SILO SECONDED, TO RECEIVE THE REVISED ENGLEWOOD PUBLIC LIBRARY DISRUPTIVE BEHAVIOR POLICY FROM THE LIBRARY ADVISORY BOARD. Aye s: Counc i 1 Members Ko ltay , Hathaway , Kozacek, Bila, Habenicht, Clayton Nays: None Abstain: None Ab sent: Mayor Van Dyk e Mot ion carried. 9 . Consent Agenda COUNCIL MEMBER HABENICHT MOVED, COUNCIL MEMBER HATHAWAY SECONDED, TO ACCEPT CONSENT AGENDA ITEMS 9 (a) THROUGH (e) AND TO APPROVE CONSENT AGENDA ITEH 9 (f). (a) Minute s of the Englewood Housing Authority meeting of March 30, 1988. (b) Minutes of the Urban Renewal Authority meetings of April 6 and 13, 1988 (c) Minutes of the Election Corrrnission meeting of April 12, 1988. (d) Minutes of the Planning and Zoning Commission meeting of Ap ril 19 , 1988. (e) Minutes of the Liquor Licensing Authority meeting of April 20, 1988. (f) Ordinance No . 16, Series of 1988, introduced by Cou ncil Member Kozacek, entitled: AN ORDINANCE APPROVING THE JOINT FUNDING AGREEMENT BETWEEN THE CITY OF ENGLEWOOD Bl-CITY WASTEWATER TREATMENT PLANT AND THE U. S. GEOLOGICAL SURVEY FOR THE OPERATION AND MAINTENANCE OF A STREAM - GAGING STATION LOCATED ON THE SOUTH PLATTE RIVER AT ENGLEWOOD . Ayes : Counci 1 Members Ko ltay , Hathaway, Kozacek, Bi 1 o, Habenicht, Clayton Nays : None Abstain: None Absent: Mayor Van Dyke Mot ion carried. 10. Publ ic Hearing No public hearing was scheduled. 11. Ordinances, Resolutions and Motions (a) Director Ragland presented a recommendation from the Engineering Ser vi ces Department to adopt a resolution accepting a utility easement adja- cent to Englewood Parkway, South Acoma Street , and U. S. 285 . She explained that the easement wi 11 be used for both underground and above ground fac i 1 i - ties neces sary for electrical and t elephonr, transmissions, traffic control Englewood City Council Hinutes Hay 16, 1988 -Page 4 tra nsmissions and traffic signs, accent light s , and und erground gas lin es. The easement agreem ent has be en reviewed by the City Attorn ey. The reso 1 ul io n wa s assigned a numb er and read by tille : RESOL UTION NO. 27 SER I ES OF 1988 A RESOL UTI ON ACCEPTING UTILITY EASEMENT ADJACENT TO ENGLEW00D PARKWAY, SO UTH ACO MA STREET AND U. S. 285 FOR UTILITY PUf!POSES . COUNCIL HEHBER KOZACEK MOVED, COUNCIL HEH8ER BILO SECONDED, TO APPROVE RESOLU- TION NO. 27, SERIES OF 1988. Ayes: Council Member s Koltay, Hathaway , Kozacek, Bi la , Habenicht, Clayton Nays: None Ab stain : Non e Ab se nt : Ma yor Van Dyke Motion carried . {b) Fire Chief Broman pre se nted a recommendat ion from lhe Fire Depa rt- me nt to adopt a re solution approving a request to the De partment of Highwa ys lo petition the Colorado State Patrol for hazardous material route des ignat i on on behalf of the City of Englewood . Chief Broman responded to que stion s of Co uncil, di sc us s ion ensued. The resolution was assigned a number and read by l i tl e : RESOL UTION NO. 28 SERIES OF 1988 A RESOLUTION REQUESTING THE CO LORADO DEPARTMENT OF HIGHWAYS TO PETITION ON BEHALF OF THE CITY OF ENGLEWOOD FOR A HAZARDOUS MATERIAL ROUTE DESIGN ATION THROUGH THE C !TY. COUNCIL HEHBER KOLTAY HOVED, COUNCIL HEHBER KOZACEK SECONDED, TO APPRO\'E RESOLUTION NO. 28, SERIES OF 1988. Ay es: Counc i1 Member s Ko ltay , Hathaway , Kozacek , ~; ·, o, Habeni cht , Clayton Nays: None Ab stain : None Absent : Mayor Van Dyke Motio n carri ed . I (c) Di r ector Winkle pre sented a r ec ommendation from the Library Adviso-I ry Board to adopt a resolution approving the Libr ary Services and Con struction Act Grant Application reque s ting funds for the Dyni x-Irving Connection -Phase Two t o the Colorado State Library . Director Winkle explained the provision s of th e grant which would pr ovid e $99 ,100 to the four Oynix l ibraries to pur - chase and install ne cessary equipm ent. Each of the four libra r ies would pro - vi de an additional $7,000 from their annual operating budg et s, starting in 1989 , as member ship dues to the IRV !NG Library Network. The reso 1 ut ion was as signed a number and re ad by title : I I Englewood City Council Minutes Hay 16, 1988 -Page 5 RESO LUTION NO. 29 SER IE S OF 1988 A RESOLUTION AP PROV ING THE LIBRARY SERVICES /\ND CONSTRUCT ION ACT ( LSCA) GRANT APPLICATION REQUESTING FUNDS FOR "DYNJX-IRVJI/G CONNECTION -PHASE TWO." COUNCIL HEHBER HABENICHT HOVED, COUNCIL HEHBER HATHAWAY SECONDED, TO APPROVE RESOLUTION NO. 29, SERIES OF 1988 . Ay~s: Council Memb ers Koltay, Hathaway, Koz acek, Bi la , Habeni cht, Clayton Nays: None Ab s tain: None Ab se nt : Mayo r Van Dyke Motion carried . (d) Director Winkle pre . nted a recommendation from the Library adv iso- ry Board to adopt a resolution approving submittal of grant proposal to Colorado State Library requesting funds for extension and improv ement of library services. She explained the purpo se of the grant project "Plann i ng fo r Englewood Public Library Services 1991-1995" is to create a five-year cy- cle of plans commencing January I, 1991 . She further explained there would be no additional cash ex penditure on the part of the library should the grant be approve d . The resolution was assigned a number and read by title: RESOLUTION NO . 30 SERIES OF 1988 A RESOLUTION APPROVING THE LIBRARY SERVICES AND CONSTRUCTION ACT (LSCA) GRANT APPLICATION REQUESTING FUNDS FOR "PLANNING FOR ENGLEWOOD PUBLIC LIBRARY SER- VI CES 1991 -1995." COUNCIL HEHBER HABENICHT HOVED, COUNCIL HEHBER KOZACEK SECONDED , TO APPROVE RESOLUTION NO . 30, SERIES OF 1988 . Ayes: Council Memb ers Ko ltay, Hathaway , Kozacek, Bil a, Habenicht, Clayton Nay s: None Abstain: None Absent: Mayor Van Dyke Motion carried . Council Member Koltay expressed appreciation t J the Library staff for their effort s in advising City Council of these o•,portunitie s to apply for grant funds . I 2. CI ty Hanager' s Report Acting City Manager Varga s advised Co uncil of corrective action re quired co n- 0erni ng the approval of Consent Agenda Items at the May 2, 1988, Counci l meeting. COUNCIL HEHBER HATHAWAY HOVEO, COUNCIL HEHBER KOZACEK SECONDED, TO CORRECT ACTION TAKEN AT THE i~W 2, 1988, COUNCIL HEETING BY HOVING TO ACCEPT CONSENT Englewood City Council Hinutes Hay 16, 1988 -Page 6 AGENDA nrns 9(a) THROUGH (d) AND TO APPROVE CONSENT AGENDA ITEHS 9(e) THROUGH ( i ) AS FOLLOWS: (a) Minute s of th e Parks and Recreation Commi ss ion meeting of March 10 , I 1988. (b) Minute s of the Planning and Zonin g Commiss i on meeting of April 5, 1988. (c ) Minute s of the Public Library Advi sory Soard meeting of April 12, 1988 . (d) Transmittal of replie s to Paving District ~c . 32 assessment prote st letters . (e) Ordinance No . II, Series of 1988, introducr·d by Council Member Kol - tay , entitled : AN ORDINANCE APPROVING THE WHOLE t:0ST OF THE IMPROVEMENTS MADE WITHIN PAVING DISTRICT NO . 32, IN Tl1t ·11y OF ENGLEWOOli, COLORADO; APPROVING AND CONFIRMING THE APPORT 01\Mi.N1 OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; AS SE SSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND ; AND PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENT. (f) Ordinance llo. 12, Series of 1988, introduced by Council Mem ber Clayton, entiti~o: AN ORDINANCE VACATING A PORTION OF THE RIGHT -OF-WA 'i i ii 11-::' jsoo BLOCK OF SOUTH JASON STREET, IN THE C ITV OF ENGLEW00 t1 CC 'JN TY OF ARAPAHOE, STATE OF COLORADO. (g) Ordinanc~ No . 13 , Series of 1988, introduced by Council Member Kozacek, entitled : AN ORDINANCE AMENDING TITLE 2, CHAPTER 4, SECTION 2, ENGLEWOOD MUNICIPAL CODE 1985 REGARDING PARKS AND RECREATION COMMISSION. (h) Ordinance No. 14, Serie s of 1988, introduced by Council Memb~r Kozacek, entitled: AN ORDINANCE RELATING TO THE OPERATION OF A GAS AND ELECTRIC SYSTEM WITHIN THE CITY OF ENGLEWOOD AND SUBMITTING TO THE QUALIFIED ELEC - TORS OF THE CITY OF ENGLEWOOD THE QUESTION OF WHETHER THE CITY OF ENGLEWOOD SHOULD GRANT A FRANCHISE TO PUBLIC SERVICE COMPANY or COLORADO, ITS SUCCESSORS, TRANSFEREES, AND ASSIGNS, TO ERECT' CCN -I STRUCT, OPERATE ~ND MAINTAIN IN, UPON, ALONG, ACROSS, ABOVE , OVER AND UNDER THE STREETS , ROADS, HIGHWAYS, AVENUES, ALLEYS , VIADUCTS , BRIDGES, SIDEWALKS, PUBL i C UT I LIT I ES AND OTHER PUBLIC EASEMENTS , PUBLIC WAYS AND OTHER PUBLIC PLACES DEDICATIONS AND RESERVATION S IN THE CITY OF ENGLEWOOD, BOTH NOW IN EXISTENCE AND AS MAY BE CRE- ATED OR ESTABLISHED DURING THE TERM OF THIS FRANCHISE , W' FACILI - TIES REQUIRED FOR THE TRANSMISSION, DISTRIBUTION, AN D SAL.: OF GAS AND ELECTRICITY WITHIN THE CITY OF ENGLEWOOD; FIXING TH E TERMS AND CONDITIONS THEREOF; PROVIDING FOR THE CALLING AND HOLDING OF A SPE- CIAL ELECTION UPON SAID QUESTION , THE DETERMINING OF THE RESULTS I I En~ 1 ewood Ct ty Council Ml nutes Hay 16, 1988 -Page 7 THEREOF , ANO FOR THE EXECUTION ANO DELIVERY OF SAID FRANCHISE AC - CORDING TO ITS PROPOSED TERMS, IF THE RESULT OF SUCH VOTE OF THE QUALIFIED ELECTORS AT SUCH ELECTION SHALL BE IN THE AFFIRMATIVE FOR THE GRANTING OF SAID FRANCHISE. ( i) Ordinance No . 15 , Series of 1988, introduced by Council Member Clayton, entitled: AN ORD INANCE AMEN DING TITL E 4 , CHAPTER 3, SECTION 9 , 'HALLEY CE NTER TRUST FUND ," ENGLEWOOD MUNICIPAL CODE 1985, RELATING TO TRUSTEE S. Co unc i l Member Kozacek requested that in the future sta ff indicate on the agenda which items are to be "ac cepted" and which are to be "approved." Aye s: Counc i 1 Members Ko ltay , Hathaway , Kozacek, Bi 1 o , Habenicht, Cl ayton Nay s : None Abs t ain : None Absent : Mayor Van Dyk e Motion carried . 13. City Attorney's Report (a ) Mr . DeWitt pre se nted information concerning a resolution whi ch would accept the subsurface utility easement for the purpose of owning , 0perat i ng , and m. i nta in Ing the box culvert under the Li ncor Property at the old King Soopers site . He explained that the box culvert extended from Cherokee/Girard to [lat i/Fl oyd Avenue . He reconwnended approva 1 of the re sol u- t icn and easement agreement to enhance the development and t.n clarify the rights between the City of [n glewo~1 as the easement owner and the owner of the property. The reso 1 ut ion was assigned a number and read by Ii t 1 e : RESO LUTION NO . 31 SER IES OF 1988 A RESOLUTION ACCEPTING SUBSURFACE UTILITY EASEMENT FOR THE PURPOSE OF OWNING , OPERATING, ANO HAINTAINING THE BOX CULVERT (CONOU '. T) UNDER THE LJNCOR PROPERTY AT THE OLD KING SOOPERS SITE. MAYOR PRO TEM CLAYTON MOVED, COUNCIL HEHBER KOZACEK SECONDED, TO APPROVE RESOLUTION NO. 31, SERIES OF 1988. Ayes: Council Mem be rs Koltay, Hat hawa .v , Kozacek , Bi lo , Habenicht , Clayton Nays : None Ab stain : None Ab se nt : Mayor Van Dyke Motion carried. (b) Mr . DeWitt provided Council with information concerning the Wylie se ttlement . Englewood City Council Hinutes f.la y 16, 1988 -Page 8 (c) He also advised Council that an ordinance had been drafted for the ir considerati on concerning basement ceiling heights . Thi s information w i 11 be sent to Council in the ne xt packet. (d) Mr. DeWitt requested that Council schedule time at the next s tud y ses sion ~o di scuss matters which he had hrought to their attention in his let - ter of May 12, 1988 . 14 . General Discussion (a) Mayor's Choice Ma yor Pro Tern Clayton did not have any mat t ers to bring before Council . (b) Council Member's Choice (i) A resolution concerning appointments to the Englewood Downtown De vel oprr.-mt Authority was considered . The resolution was assigned a number and read by tt tle. RES OLUTIOI ' NO . 32 SERIES OF 1988 A RESOLUTION RESCINDING AN APPOINTMENT AND APPOINTING A NEW BOARD MEMBER TO FILL AN UNEXPIRED TERM OF THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY . COUNCIL HENBER HATHAWAY MOVED, COUNCIL HENBER KOZACEK SECONDED, TO ADOPT RESOLUTION NO . 32, SERIES OF 1988. Co un c il Member Hathaway explained that the pr evious appointment of Joe Wharry, Coast to Coast, to the Downtown Dev elopment Authority, must be rescinded as Mr. Wharry is no longer as sociated with Coast to Coast . Resolution No. 32 rescinds Mr . Wharry' s appointment and appoints Gary Oxman, Wagner's Dinettes , to fill the unexpired term resulting from the resignat;~n of Dave Ciancio , said term to expire June 30, 1990 . Vote results: Ayes: Council Members Koltay , Hathaway, Kozacek , Bilo, Habenicht, Clayton Nay s : None Abstain: None Abs ent: Mayor Van Dyk e Motio n carried. I (ii) Representat iv es of the Citizen s Coalition for Legislative I Reform, Jane Urschel and Ken neth Tanner, addressed City Council relat i ve to · "Th e Gavel Proposal ." It was explained that this is a nonpartisan issue. Th e Gavel propo sal would amend the Colorado Constitution to give all elect~d rep - res entat i ve s a voice in the legislative process by eliminating the "pocket veto,• the 'killing " of bil'l s by the Hou se Rules Committee , and the 'binding caucu s." Ms . Urs chel re spo nded to various que st ions . Fire Chief Broman st ated hi s support of this pro posal . Cou ncil Member Kozacek requested to co - spons or with Council Member Hathaway the propo sed reso 1 ut ion, which wa s ass ig - ned a number and read by title : I I Englewood Cl ty Council Ml nutes May 16, 1988 -Page 9 RESO LUTION NO. 33 SER I ES OF I 'l88 CO -SPON SORED SY COUNCIL MEMBERS HATHAWAY AND KOZACEK A RE SOLUTION FAVORING TH[ "GA VEL PROPOSAL ." COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER RESOLUT!Oh NO. 33, SERIES OF 1988. Aye s: Council Member s Ko ltay, Habenicht, Clayton Nay s : None Ab stain : None Abse nt : Ma yor Van Dyke Mot ion carried . KOL TAY SECONDED, TO APPROVE Ha t haway, Kozacek, Bilo , (iii) COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER HABENICHT SECONDED, TO RECEIVE A LETTER OF APPLICATION FROM KEN WAECHTER, 3127 WEST TUFTS AVENUE, STATING MR . WAECHTER'S INTEREST IN APPOINTMENT TO THE COUNCIL MEMBER AT-LARGE VACANCY . Ayes : Council Members Ko ltay, Hathaway, Ko zacek, Bil o, Habeni cht, Clayton Nays: None Abstain : None Absent : Mayor Van Dyke Mot ion carried. 15 . Adjournment COUNCIL MEMBER KOLTAY MOVED TO ADJOURN . The meeting adjourned at 8 :35 p .m.