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HomeMy WebLinkAbout1988-06-06 (Regular) Meeting MinutesI I ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY , COLORADO Re ul ar Sess1on June 6, 1988 Ca 11 to Order The regular meeting of th e Eng 1 ewood City _,,unc il was ca 11 ed to order by Mayor Van Dyke at 7:43 p.m. 2. Invocation The invocation wa s gi ven by Council Me mb •r t c.l \3y . 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Van Dyk e . 4. Roll Call Pre sent: Ab se nt : A quorum was pr esent . AlsJ present : Council Member s Hathaway, Koltay, Kozacek, Habenicht, Clayton, Van Dyke None . A v,,cancy was noted. Acting City Manager Varga s City Attorney DeWitt City Cl erk Crow Police Chief '1olmes As s istant o·,,,ctor Romans, Planning Executive ( •r•,ctor Hinson , Urban Renewal Authority • * •• It Before proceeding with the regularly scheduled meeting Mayor Van Dyke ex - pla i ned she wished to pre sent to Joe Silo a small token of Council's apprecia - tion for his years of dedicated service to the City of Englewood as Council Member At -large . She stated that she and the other members of Council were s addened by Mr . Silo 's decision to resign, but respected his decision . She commented further th at Mr. Silo and his expertise will be sorely mi ss ed in the months to come. Mr. Bi 1 o recel ved the p 1 aque and the good wishes of Council. 5. Minutes Englewood City Council Minutes June 6, 1988 -Page 2 (a) COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER CLAYTON SECONDED, TO APPROVE THE .,INUTES OF THE REG UL AR MEETING OF MW 16, 1988. Ayes: Counc il Members Ko ltay , Hathawa y, Kozacek, Hab eni cht, Nay s : Abstain : Abser,L Moti on carr ied Clayton, Van Dyke None None None 6 . Pre-scheduled Visitors (a) St ~1en Ell i s, President of Ram Hill Re scue, Ir.c .• 1825-35 West Union Avenue , address ed Council r el ative to Agenda Item l I (d) -a proposed bil l for ordina nc e re';ti n•.i t o towing regulations. Mr . El l i s o f fered comments and cautioned Council of~ ,,sib l e problem s which co uld re su lt s from awarding a towing contract ba sed so le ,y on l ow -bid pro ce dures . Mr. Ellis expressed his concer n over the "co nflict of int ere st" issue and how it would affect some of his emp l oyees. COUNCI L MF.HS r KOZAC EK MOVED, COUNCIL MEMBER CLAYTON SECONDED, TO BRING FOR- W~"ij AG H lu A !Tf'H !!{d) -COUNCIL BILL NO . 19, SERIES OF 1988. ,:i ,: ·,: Co uncil Members Ko ltay, Hathaway, Kozacek , Hab enic ht, Nays : Abstain: Ab sent: carried. Clayton, Van Dyke None None None Chief Holmes, Engl ewoo d Pol ice Department, add re ss ed some of the issues raised by Mr . Elli s . He exp la 1 ned the purpose of the pr opose d ordinance was to eliminate some of the problems which have occurred under the existing or- dinance . He stressed that any contract which would be awarded woul;i not be awarded solel y on a "le·• bid" ba s is . Other criter i a would be con s idered, i.e ., guaranteed service l eve l , res ponse t ime, insuran ce, equipment, etc . He reiterated the Po 1 i ce Depart me nt 's respons i bi 1 ity to provide adequate service and to assure prot ection of the c i tizenry . He a 1 so exp lain ed that under th e existing ordinance the pol i cing of t he companie s and t heir storage lots is not cost effective nor efficient for the City. Chief Holm es responded to various questions of Council stating that so me of the specific pro blem s encountered included the necessity for ba ck ground inve stigations of personnel, inspection and maintenance of equipment, bickering between companies , d ifferences in I prices, etc . Various ways to alleviate some of th ese problems were suggested I by Council. Council Memb er Kozacek s tated hi s opposition to a co ntract of this nature being awarded if the award was at the discretion of one person. Acting City Manager Varga s explained the criteria which is followed in all bid awards , s tating the Char ter stipulate s that Council appro ves aw ard s based on "lowest and best bid." Furt her discussion ensued. COUNCI L BILL NO. 19 , INTROD UC ED BY COUNCIL MEMBER CLAYTON, WAS READ BY TITLE : A BILL FOR AN ORDINANCE REPEALING AND REENACTING TITLE 5, CHAPTER 9 , ENGLEWOOD MUNICIPAL CODE 1985, RELATING TO TOWING SERV ICE S. I I Englewood City Council Minutes June 6, 1988 -Page 3 COUNCIL MEHBEI\ CLAYTON HOVED, COUNCIL HEMBER KOLTAY SECONDED, COUNCIL BILL NO. 19, SERIES OF 1988 . Coun c il Member Kozacek expre ss ed hi s opposition to the Bill as "it does not lock in a fair and equitable decision of who gets the contract." Coun c il Mem - ber Clayton and Mayo r Van Dyke expressed concern s ab ou l. the Bill, both com- menting that com petition ;, healthy and that we need to I · '<l wa ys to inc rease, not limit it. How eve r , th ey s tated they would be s uppnrt ·,n q th o ordinan ce. Vote results: Aye s: Nay s: Abstain: Ab se nt : Motio n carried. Council Member s Ko ltay, Hathawa y, Cl s,lun, Van Dyk e Counc i 1 Member s Kozacek, Habenicht None None Co un c i 1 Member Ha be ni cht exp 1 a i ned that she fe 1t the prob 1 ems were not severe enough to warrant the changes, that the matter co uld be addressed in a dif- fere nt manner . Council Member Koltay requested that Mr. Ell is be prov i ded a copy of the prop ose d ordinance . Mr . Ellis returned to the podiu m and res ponded to, .rt ain s tatements of Ch ief Ho 1 mes . He c 1 a irne d ba ck grou nd checks were not current 1 y being conducted by t he Po 1 ice Department; he stated Ram Hil 1 Rescue had never filed a comp 1 a int against anyone, that contracting with a large number of companies would mean a huge amount of work ; he wa s conc ern ed about the possible conflict of interest stipulation and how it would affect his employees . Acting City Manager Va rgas responded concerning the conflict of interest is - s ue , stating the City of Englewood and its employees hold a public trust; therefore, t here i s a standard of conduct and behavior that the City has es- tab 1 i s hed th r ough ordinances and administrative procedures to safeguard that public trust. Mr . Vargas requested an opportunity to present this matter to Co un c i 1 i n a more deta i 1 ed manner for furt her consideration . Co un c i l Mem ber Kozacek stated hi s co nce rn about the passage of this Bill when so many prob 1 ems ex ist conce rni ng it . He urged Co unc i 1 to 1 ook at thi s furth er . 7. Non-scheduled Visitors Ther e were no non-schedu 1 ed visitor s. 8 . Conwnunic at ions and Proclamation s (a) COUNCIL MEMBER HABENICHT HOVED, COUNCIL MEHBER KOZACEK SECONDED, TO DESIGNATE JUNE 14, 1988 AS 'FLAG DAY' IN ENGLEWOOD, COLORADO. Ayes: Counc i 1 Member s Ko ltay , Hathaway, Koza cek , Habenicht, Cl ayto n, Van Dyke Nay s : None Abstain : None Absent: None Englewood City Council Minutes June 6, 1988 -Page 4 Motion carried . (b) MAYOR VAN DYKE MOVED, COUNCIL MEHBER HATHA\JAY SECONDED, TO PROCLAIM THE MONTH OF JUNE 1988 AS 'RECYCLING HONTH" IN THE CITY OF ENGLEWOOD. Aye s: Council Members Ko ltay, Hathaway , Kozacek, Habenicht , Clayton, Van Dyke Nay s: None Abstain: None Ab sent : None Motio n carried. {c) COUNCIL MEHBER CLAYTON HOVEO, COUNCIL HEHBER KOZACEK SECONDED , TO ACCEPT THE COMMUNICATION FROM THE PARKS AND RECREATION COMMISSION TO RFVIEW RECOMMENDATIONS REGARDING THE ENGLEWOOD GOLF COURSE . Aye s : Council Member s Ko ltay, Hathaway, Kozacek, Habenicht, Clayton, Van Dyke Nays: None Abstain : None Absent : None Motion carried. 9. Consent Agenda COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER KOLTAY SECONDED, TO ACC£PT CON• SENT AGENDA ITEMS 9 (a) THROUGH (g). {a) (b) {c) {d) (e) {f) {g) Minutes of the Fi re Retirement Board meeting of January II , I 988 . Minutes of the Board of Career Service Commissioner s meeting of March 17 , 1988. Minutes of the Englewood Downtown Develop me nt Authority meeting of April 13 , 1988 . Minutes of the Board of Adju stment and Appeals meeting of April 13, 1988 . Minu tes of the Parks and Rec re at ion Cammi ss ion meeting of April 14, 1988 . Mi nutes of th~ Urban Renew al Authority meeting of May 4, 1988. MinutP.s of the Liruor Licensing Authority meeting of May 4, 1988 . Ayes : Nays : Abstain : Absent : Coun c i 1 Member s Koltay, Hathaway, Kozacek, Habenicht, Clayton , Van Dyk e None None None Motion carried. 10. Public Hear 1rr No public heari ng was sc heduled. II . Ordinances, Resolutions and Motions I I I I Englewood City Council Minutes June 6, 1988 -Page 5 (a) Assistant Director Romans presente d a recommendation from the Plan- ning and Zoning Commission to adopt a bill for an ordinance amending Title 16 of the Englewood Municipal Code regarding the Land scape Ordinance. Ms. Romans stated there had been a public hearing concer ning changes to the Landscape Ordinance on May 2, 1988; several amendments had been propo sed at the hearing , and the matter had been referred back to the Planning and Zoning Co11111i~sion . The bi 11 for an ordinance now under consideration incorporates those amend - ments . Ms . Romans further stated that the amendments had been reviewed by the Greater Englewood Chamber of Co11111erce Governmenta 1 Liai so n Commit tee. She brie fly detai l ed the various amendments and responded to co11111e nts of Council. CO UN CIL BILL NO . 11.J, INTRODUCED BY COUNCIL MEMBER S BILD /CLAYTON, WAS READ BY TIT LE : AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTION 18: LANDSCAPE ORDINAN CE, ENGLEWOOD MUNICIPA L CODE 1985. COUNCIL HEHBER CLAYTON HOVED, COUNCIL HEHBER KOZACEK SECONDED, TO APPROVE COUNCIL BIL' ~O. 11. 1, SE lES OF 1988, AS AMENDED. I t was clarified that Cou 11cil Bill No. 11.1 as amended would require a seco nd reading . Council Member Kozacek stated he would abstain from voting on this matter due to a possible future conflict of interest. Vote results: Ayes: Counc i 1 Memb ers Ko ltay, Hathaway, Habenicht , Clayton, Van Dyke Nays: None Ab st ain : Council Member Kozacek Absent : None Motion carried. Council Member Kozacek commen ted that Council should consider the restrai nt of trees, shrub s, etc. in street medians in an effort to con- serve water. ( b) Assistant Di rector Romans presented a recommendation from the Com- munity Development Depar tment to adopt a bill for an ordinance wh ich would provide for the vacation of ob sol ete utili ty easements, for dedication of land adjoin ing 300 West Belleview Avenue for street purposes, and for dedicat i on of a five-foot ea sement for s i dewa 1 k and s i gnage purposes i ~ connect ion with the Si 1 ver Cliffs Deve 1 opment under de ve 1 opment by Sanford Metze 1. She confirmed tha t the Utilities Department had inspected the water/sewer lines to confirm that our standard s had been met. COUNCIL Bl LL NO . 17, INTRODUCED BY CO UN CIL MEMBER KO L TAY, WAS READ BY TITLE : A BILL FOR AN ORDINANCE VA CATING EASEMENTS IN RETURN FOR DEDICATION OF TWO PARCELS OF REAL PROPERTY FROM SANFORD K. METZEL, D/B/A SANFORD COMPANIES, IN CONNECTION WITH THE SILVER CLIFF DEVELOPMENT AT 300 WEST BELLEVIEW AVENUE. COUNCIL HEHBER KOLTAY HOVED, COUNCIL HEHBER CLAYTON SECONDED , TO APPROVE COUN- CIL BILL NO. 17, SERIES OF 1988. Englewood City Council Hinute s June 6, 1988 -Page 6 Aye s: Nays : Ab stain : Absent: Mot ion carried. Council Members Kolt ay , Hathaway, Koz ac ek , Hab enich t, Clayton, Van Dyke None N~ne Non e (c ) Chief Holmes present ed a recommenda tion from th e Po l ice Department to adopt a bill for an ordinance am~nd ir.g Ti tle 4 of the Eng lewood Municipal Code relating to Emergency Telepho ne ~e rvi ,0 A~, 'ior ity. He explained that th e origi nal ordinance approved in 1987 (Ordi nanc ~ No. 45 ) st ipulated that to be- come effect iv e all involved governmental entities mu s t sign the agreement. As t he City of Littl eto n did not en te r i nto th e agr eement, it now beco me s neces - sary to am end Ordi na nce No. 45 , Series of 1987 . With the ap prova l of Council Bil I No. 18 , the Emerge nc y Telephone Service Authority -E911 can beco me a reality. Ch ief Hol mes r es ponded to quest io ns and exp 1 a i ned the improvement s whi ch will be r eal ized with the establishment of E911. COUNCIL BILL NO . 18, INTRODUCED BY CO UNC IL MEMBER KOZACEK , WAS READ BY TITLE: A BILL FOR AN ORD I NANCE AMENDING ORDINANCE NO . 45, SERIES OF 1987 , ANO OR - DINANC E NO. 60, SERIES OF 1987 , CODIFIED IN TITLE 4, ENGLEWOOD MUNICI PA L CODE 1985, PERTAINING TO EMERGENCY TELEPHONE SERVICE AUTHORITY. COUNCIL HEHBER KOZACEK HOVED, COUNCIL HEHBER HATHAWA Y SECONDED, TO APPROVE COUNCIL BILL NO. 18, SERIES OF 1988. Ayes: Counc i 1 Mem ber s Ko ltay, Hathawa y, Kozacek, Habeni cht , Clayton, Van Dyke Hays : None Abstain : None Absent : None Motion carried . (d) Agenda Item II(d) -Council Bill No . 19 , Series of 1988, was ap- proved elsewhere in these mi ~utes. See Pages 2 and 3, Item 6 (a). ( e) Acting City Manag er Varga s pre sented a rec ommendation to adopt a bi 11 for an ordinance authorizing execution of docum en s to facilitate the sale of c i ty -owned property in Trolley Square . He ex plained that the or- di nance co ntains a Purchase and Performan ce Ag reeme nt and a Promissory Note relative to the sale of the prop erty to JWM Properties , Inc. Ri chard Hinson, I Executive Director of the Engl ewood Urb an Renewal Authority was present. He I ass ured Council th at the documents bei ng presented addressed their previously ex pressed concern s, i .e ., that the prop erty be sold for fair market value es - tab 1 i sh ed by profess i ona 1 appra i sa 1 s, a method to determine th e rent iss ue, method of meeting the Urban Renewa 1 Authority's ca sh fl ow r equirements with regard to the Physical Whimsical leas ehold condemnation case, and the expedit- ing of the r enovation of Troll ey Square . He stated the docum ents addressed the issues agreed to by Council and JWM as st ipulated in th e l etter o• former City Manager McCown dated April 25, I 988 . The me t hod of es tab 1 i sh i n·J a fair market value wa s discu ss ed . Coun cil Membe r Kolt ay inquired of City Attorney DeWit t about the st ipulati on of a first de ed of trust. He informed Mr . DeWitt I I En gl ewo od City Council Minutes June 6, 1988 -Page 7 that he had been unabl e to l ocate that stipul •• iun in the document. Mr . DeWitt req ue sted a brief recess to res earch the matter. COUNCIL MEMBER KOZACEK MOVED TO RECESS FOR TEN MINUTES. The meetin g reconvened at 9 : 40 p . m. with a 11 m~mb ers present. Mr . DeWi t t ex- plained that the document had undergon e severa l revisions . that at some point the stipu lation c lau se had erroneou s ly been removed. He recommended that the clause be inserted as Paragraph 13 as follows : "13 . The purchase money note pa yable to Se 11 er sha 11 be secured by a fir st deed of trust superior to all other i nt erests. Purchase r sha 11 obtain the nece ssa ry re 1 eases and s ubordination as is neces sary." Subsequent paragr ap hs to be renumbered 14 and 15 respectively . Mr . DeWitt requested that the agreement as ame nded by initial ed by each Council Member indica ti ng their approval of thi s change. CO UNCIL BI LL NO . 20 , INTRODUCED BY CO UNCIL MEMBER KOZACEK, WAS READ BY TITLE : A BILL FOR AN ORDINANCE AP 0 RO VING AN AGREEMENT FOR THE SAL E OF REAL PROPERTY , SAID PROPERTY COMMON LY REFERRED TO AS THE "KltlG SOOPERS SITE." COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER CLAYTON SECONDED, TO APPROVE COUNCIL BILL NO. 20, SERIES OF 1988, AS AMENDED. Regardin g the appraisal price, Council Me mber Koltay stated it was hi s under - standing th at staff and the Englewood Urban Renewal Authority will contact JWM in an attempt to resolve the di screp ancy in price without t he need of a third appraisal. Vote results: Ayes: Nays: Abstain : Absent : Moti on carried . Council Members Ko ltay , Hathawa y, Kozacek, Haben i ~ht , Clayton , Van Dyke None None None (f) Acting Direct or Freeman presented a recommendation from the Finance Department to adopt a resoluti on am end i rig the 1987 Budget. Ms. rreeman ex- plained there were three funds which require 1987 bu dg et am endments i n order for the 1987 financial report t o be i n leg al com pliance. Th e amendm ents do not re quire all ocation of any new funds and do not adversely impact any of the three funds . Golf Course Fund -the 1987 budg e t needs to be adjusted to re fle ct the unan - t icipated increas e in sales vo lum e and the non -budgeted "costs of good s" so ld in the pro shop -S32, 000. Engl ew ood City Council ~inutes June 6, 1988 -Page 8 Speci a 1 Ass es sment Funds -Governmental Accou nting Stand ard s Board {GASS) now requi res that separate budgets be establish ed for Sp e,·. I al Ass essment Funds, one for const r uction and one for debt servic•!, hence th e l wc, b~d ge t s: Specia l Assessment Debt Service Fund -$590 ,000 Specia l Ass essme nt Con s truc tion Fund -$397 ,000 . Ms . Fre em an responded to qu e stions of Coun ci l conc erning propo sed federal law . She stated t ha t no final dec i s ion had been mad e for the accounting method ; wh ich will ha ve to be adopted to comp ly with th e propo se d law. • • Mayor Van Dyke left the Chair at 9:46 p.m. • • The re so lution was assign ed a numb er and read by title. RESOLUTION NO . 34 SERI ES OF 1988 A RESO LUTI ON AMENDING THE 198 7 BUD GET . COUNCIL HEHBER KOZACEK HOVED, COUNCIL HEHBER HATHAWAY SEC r>~OED, TO APPROVE RESOLUTION NO . 34, SERIES OF 1988. Ayes: Council Member s Kolta y , Hat haw ay, Ko zacek, Haben icht , Mot ion Nays : Ab s tain : Ab se nt : carried. Clayton No ne None Ma yor Van Dyke {g) Acting Director Freeman presented a recommendation from the Finance De partment to adopt a resolution approvin g the ICMA Retirement Trust and ap- poi nti ng the ICMA Retireme nt Corporation a s Trustee for investment of City ICMA funds. Ms . Freeman explained this action was re quired by 1ew regulations of the Security Exc hange Com'll i ssion (SEC). Ms. Freeman con : irr.:a d there would be no additional administrative expenses for the City . • • Hayor Van Dyke res~med the Chair at 9:57 p.m . Th e resolution was assigned a numb er and read by title : RESOLUTION NO . 35 SERIES OF 1988 • • A RESOLUTION ADOPTING THE ICMA RETIR EMENT TRUST AND APPOINTING THE ICMA RE - TIREMENT CORPORATION AS TRUSTEE FOR INVESTMENT OF ICMA FUNDS . COUNCIL HEHBER KOLTAY HOVED, COUNCIL HEHBER KOZACEK SECONDED, TO APPROVE RESOLUTION NO. 35, SERIES OF 1988. Aye s : Co uncil Members Ko ltay , Hathaway, Kozacek, Habenicht, Clayton, Van Dyke Nay s: None Abstain : Non e Abs en t : None I I I I Englewood City Council Minu te s June 6, 1988 -Page 9 Motion carri ed. ( h) Acting City Manag er Varga s pres ented a recomme ndation to adopt th e Six -quarter Budget for Apr il , 1988 , throug h Se ptember , 1989. He exp lained t hat thi s wa s bei ng broug ht to Cou nc il for its qu arterly review. No new fund s are be ing requested anJ sc heduled projects rema in the same . Mr . Va r ga s r e - quested reaffirmation of t he Publi c Improvem ent Fun ds by motion . COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER KOLTAY SECONDED, TO ADOPT THE SIX-QUARTER BUDGET FOR THE PERIOD APRIL, 1988, THROUGH SEPTEMBER, 1989. Mot ion Ayes: Cou nc i 1 Member s Ko ltay, Hathaway, Koza cek, Haben icht, Nay s : Abstain : Abse nt: carried. Clayton , Van Dyke None None None (i) Act i ng City Manager Vargas submitted fo r Co uncil 's app r cve tne Lice nse Ag r eem ent between th e City of Engl ewood and the [ngl ew ood ~ultural Center con cerning the sc ulp t ur e by John Scott entitl ed "Cortr, Back My Br others". l he agreement stipulates the specific 5ite for the location of the sc ulpture, in surance cove rages for 1 i ability, etc. He informed Cou nc i 1 that the agree ment had been r ev iew ed and s ign ed by t he Engl ewoo d Cultural Center and John Scott. COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER 1':0ZACEK, MOVED TO ACCEPT THE LICENSE AGREEMENT BETWEEN THE CITY OF ENGLE\100() AND THE ENGLEWOOD CULTURAL CENTER REGARDING THE •COME BACK MY BROTHERS • SCULPTURE. Aye s: Co uncil Mem bers Koltay, Hathaw ay, Kozacek , Ha benicht, Clayton, Van Dyk e Nays : None Abstain : None Absent: None Motion carried. Cour,cil Member Hath away wa s commended for her efforts i n be - ha 1f of thi s agreement. Coun c i1 M~mber Hathaway announced the Engl ewood "Come Back My Bro thers" Rendezvous sch~duled for Augus t 26, 27, and 28 . She stated that the sculpture will be dedicat ed at 2:30 p.m. on Augu s t 28th . 12. City Manager 's Report Mr. Vargas did not have any matters to bring before Cou nc il. 13. City Attorney 's Report ,k. DeWitt pr ese nted Cou nc i 1 1~ith t he fo 11 owing : (a) City Attorney budget report (b) rep ort concerning bond s for construction and exc avat io n pernits (c) verbal up date of the Mountain States Tel ep hone & Tel egra ph case an d the Petersburg Dit ch case. 14 . General Discussion Englewood City Council Minutes June 6, 1988 -Page 10 (a) Mayor 's Choi ce Mayor Van Dyke did not have any matters to bring before Counc i l . (b) Coun c il Member's Choi ce There were no furth er matt e rs to be dis cussed . 15 . Adjournment COUNCIL MEMBER KOZACEK MOVED TO ADJOURN. The me eting adjourn ed at 10 :11 p.n,. City Clerk I I