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HomeMy WebLinkAbout1988-06-20 (Regular) Meeting MinutesI I ). Ca 11 to Order ENGLEWOOD C ITV COUNCIL ENGLEWOOD, ARAPf.HOE COUNTY, COLOAADO Re ular Session June 20, I 98C The regu 1 ar meeting cf the Eng 1 ewood City Council was ca 11 ed to order by Mayor Van Dyke at 7 :35 p .m. 2. Invocation Th e inv ocat ion was given by Council Me r.:ber Koltay. 3 . Pledge of Allegiance The Pledge of Allegiance was led by Ma yor Van Dyke. 4 . Roll Call Present : Absent : A quorum wa s present. A 1 so present : Council Members Hathawa y, Ko ltay , Kozacek, Habenich t Clayton, Van Dyke None; a vacancy was noted . Act i ng City Manager Varg a s City Attorney Deait t City Clerk Crow Pol ice Chie' Holmes Acting Di rec ·:or Freeman, Finance CO"~~IL HEHBER KllZACEK HOVED, COUNCIL HEHBER CLWTOH SECONDED, TO BRING FOR- WAKD AGENDA ITEH 14(b)(i). Ayes: Counc i 1 Mem ber s Ko ltay, Hathaway, Kozacek, Ha benic ht, Clayton, Van Dyke Mot ion Nays: Abst ai n : Absent : car ried . None None None A resolution app oin ti ng Eri ca M. Byrne t o the [·0 lewond City Council was as- sig ned a number and read by ti t1 e: RESDL UT ION NO . 36 SERIES OF 1'.•88 Englewood City Council Minutes June 20, 1988 -Page 2 A RESOLUTION APPOINT IN G ERICA M. BYRNE TO ENGLEWOOD CITY COU NCIL . COUNCIL HEHBER KOZACEK HOVED, COUNCIL MEHBrR HATHAWAY SECONDED, TO APPROVE RESOLUTION NO . 36, SERIES OF 1988. Mot io n Ayes: Council Membe r s Ko ll ay, Ha th"way, Kozace~., Habeni ch t , Nays: Ab s tain: Absent: carried. Cl ayton , Van Dyke None None Non~ Muni c ipal J udge Parkinson performed the swearing-in ceremony of Erica M. Byrne as Eng lei,ood City Council Member At-la rge. Ms. Byrne wa s welcomed and con- grat ulated by the other members of Co un c il . 5 . Minutes (a) COUNCIL MEMBER CLAYTON MOVED, COUNCIL HEHBER KOZACEK SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 6, 1988 . Motion Ayes : Council Memb~rs Koltay, Hathaway , Kozacek, Habeni cht , Nays : Abstain : Absent : carried. Clayton, Van Dyke None Coun c il Member Byrne None 6. Pre-scheduled Visitors (a) Dan Clayton, 958 East Cornell , representing Boy Scout lroop No. 92 , was present and requested permission to use Centennial Lake for canoe training and testing . He explained the training would be under the direction of qualified canoe in s tructors. This would be a summer training program under adult supervision . All participants would be required to wear life jackets . CHy Attorney DeWitt confirmed that a permit agreement would meet the legal requi r ements . Mayor Van Dyke informed Mr. Clayton that Council would take the matter under advi se ment ind notify Troop No . 92 of its decision . (b) Darlene Grun inger, Abandone d Vehicle Offic er, Englewood Pol ice De- partment, offered support of the propos ed ordinance relative to towing ser- vices (Agenda Item 9(1)). Officer Gruninger explained the change being pro - posed would assist in the monitoring o f the co mp,nies who contract with the I City for vehicle wr ecker and towing services; it wJuld be more cost effective I and provide more control. Officer Gruninger responded to questions of Coun- ci l . Discussion en sued. In r~sponse to a question concerning the possibility of conflict of interest for certain employees of the City, City Attorney DeWitt confirmed that the propo se d ordi nan ce as written was independent from and did not affect emp loyment status. 7. Non-scheduled Vis i tors (a) Doyle W. Irwin, 1101 West Quincy Avenue, ad dr essed a code enforce- ment problem at 1109 West Quincy Avenue . He s tated his appreciation of the I I Englewood City Council Mi nutes June 20 , 1988 -Page 3 efforts made by th e City lo correct the problem; how,1ver, he wanted Council to know that the problem s till exists and needs to be monitored co ntinu al ly . He wa s ass ured that Council would s upport t he enforceme nt of t he CodP. (b) Isabella Knigh t, 302 ! South Lincoln Street , brought to Counci l 's attention various traffic problems which continue to exist in the City , specifica ll y on U.S. 28 5 between Laf uyette Street and Univ ersity Bo ul evard. She was of the opinion a dang ero us situation exists in thi s area. She al so felt th ere shou ld be l eft turn lane s on Dartmouth Avenue. She stated that many ~eople avoi d shopping at Ci ndere l la City due to the irregu lar traffic patterns that surround it. She further commented that t he Fire Department s hould do a better job in monitoring its equipment to prevent exhaust fumes . (c) Police Chief Holme s pre se nted detailed information relative to the Civil Defense procedure established by t he City. He ex pla ine d that the system wa s installed more t han 25 years ago using federal fund s to provide warning for air/nuclear attack s. Since that time no money has been received or ap- propriated for the upkeep of the system. Some of the sirens are inoperable and the others are marginal. Chief Holmes explai•0 ~ the "fan-out" system of notification of Cou nci l of the national warning (_ in -"Ch ec kerboard". Act - ing City Manager Varga s requested that Council be ~rovided copies of t he sys- tem so they would be aware of the 'fan-out' and the procedure which is fo 1- 1 owed in a nat iona l warning and/or test. Di scussion ensued concerning the equipment , co sts of updating the sy stem, pos si ble alternative s which .:ou ld be utilized as a interim solution, etc . A detailed report will be sub11,itted to Counc i1 . 8 . COf1111unicat1ons and Proclamations (a) COUNCIL MEMBER HATHAWAY HOVED, COUNCIL HEHBER KOZACEK SECONDED, TO RECEIVE A LETTER FROH DAN GREEN, CHAIRMAN OF THE ENGLEWOOD DOWNTOWN DEVELOP- MENT AUTHORITY, CONCERNING TWO VACANCIES. Ayes: Council Member s Koltay, Hathaway , Kozacek, Byrne , Habenicht, Clayton , Van Dyke Nay s: None Abstain : None Motion Absent: carried. Non e 9 . Consent Agenda COUNCIL HEHBER KOZACEK HOVED, COUNCIL MEMBER CLAYTON SECONDED, TO ACCEPT CON- SENT AGENDA ITEHS 9 (a) THROUGH (h). (a) (b) (c ) (d) (e ) Minute s of the Planning and Zoning ColMlission meetings of May 3 and June 7 , 1988 . Minute s of the Library Advis o ry Board meeting of May 10, 1988 . Minutes of the Boa rd of Adjus t ment and Appeals Commissio n meetings of May 11 and June 8, 1988 . Minutes of the Downtown De velo pment Authority meeting of May II, 1988. Minutes of the Parks and Rec reation Convnission mee ting of May 12, Enylewood City Council Minutes June 20, 1988 -Page 4 1988 . (f) Minute s (g) Mi nute s (h) Minute s Ay es: Na ys : Abstain: Absent : Motion carried. of the Liquor Licensing Authority meeting of June 1, 1988. of the Urban Renewal Authority me eti ng of June 1, 1988. of the Water and Se wer Board meet ing of June 13, 1988 . Council Members Ko ltay, Ha t h away, Kozacek , Byrn e, Habenicht, Clayton , Van Dyke None None None COUNCIL MEMBER KOZACEK MOVED , COUNCIL MEMBER CLAYTON SECONDED, TO WITHDRAW CONSENT AGENDA ITEM 9(j) -COUNCIL BILL NO. 17, SERIES OF 1988, IN ORDER FOR IT TO BE VOTED UPON SEPARATELY. Aye s: Council Memb ers Ko ltay, Hathaway, Kozacek, ~yrne, Habenicht, Clayton , Van Dyke Na ys: None Ab stai n: None Ab sent: None Mot ion carried . (j) COUNCIL BILL NO . 17 , INTRODUCED BY COUNCIL MEMBER KOLTAY A BILL FOR AN ORDINANCE VACAllNG EASEMENTS IN RETU RN FOR DEDICATION Oi TWO PARCELS OF RE AL PROPERTY FROM SANFORD K. METZEL, 0/B/A SANFORD COMPANIE~, IN CONNECTION Wilk THE SILVER CLI FF DEVELOPMENT AT 300 WEST BELLEVIEW AVENUE . Council Member Kozacek stated his opposition to the Silver Cliffs Development based on heavy density housing and related problems to the neighborhood . COUNCIL MEHBER CLAYTON MOVED, COUNCIL MEMBER ICOLTAY SECONDED, TO f,PFROVE COUN- CIL BILL NO. 17, SERIES OF 1988, ON FINAL READING. It wa s clarified that the dedication of land includes both acceleration and deceleration lane s; also that a traffic study was required by the original agre eme nt. It was pointed ou t that the easement was obsolete and no longer need ed by the Ci • y. Ayes : Nays: Abstain : Absent: Motion carried . Council Members Ko ltay, Clayton, v,,n Dyke Council Member Kozacek Non e None Hathaway , Byrne, Habenicht , COUNCIL MEMBER CLAYTON MOVED, COIINCIL MEMBER KOLTAY SECONDED, TO APPROVE CON- SENT AGENDA ITEMS 9(1), (k), (1), and (m): (i) Ordina 1,,e No. 18, Series of 1988 , introduced by Council Member s Bi1o /Cla y ton, entitled : AN ORDINAN CE AMENDING TlTLE 16, CHAPTER 4, SECTION 18 : LANDSCAPE ORDINANCE , ENGLEWOOD MUNICIPAL CODE 1985 . I I I I Englewood City Council Minutes June 20, 1988 -Page 5 ( k) (1) Ordinan ce No . 19, Se ri es of 1988 , introdu ced by Coun c il Member Koza ce k, entitl ed : AN ORDINAN CE AMENDING ORDINAN CE NO . 45, SERIE S OF 1987, AND OR - DrnANCE NO. 60 , SERIE S OF 1987 , CODIFIED IN TITLE 4, ENGLEWOOD MUNICIPAL CODE 1985 , PERTAINING TO EMERGENCY TELEPHONE SERVICE AUTHORITY . Ordinance No . 20, Serie s, of 1988, introdu ced by Coun c il Member Clayton , entitled : AN ORDINANCE REPEALING AND REEN AC TING TITLE 5, CHAPTER 9 , EN GLEWOOD MUNICIPAL CODE 1985 , REL ATIN G TO TOWING SERVI CES. (m) Ordinanc e No . 20 , Series of 1988, introduced by Council Member Kozacek , ~nt it led : AN ORDl!,AN CE APPROVING AN AGREEMENT FO THE SALE OF REAL PROPERTY , SAID PR l 1i' RTY COMMONL Y REFERRED TO AS TH E "KI NG SOOPERS SITE ." Ayes: Council Member s Ko ltay, Hathaway , Kozacek, Byrne, Habenic ht, Clayton , Van Dyke Nays : None Ab stain : None Absent : None Motion carried. 10. Public Hearing No public hearing was scheduled . 11. Ordinances, Resolutions and Motions (a) Acting Director Freeman presented a recommendation from the Finance Department to adopt a resolution ac cepting the low bid from Hanifen Imhoff, Inc ., for the lease/purchase of a fire pumper and authorizing the City Manager to enter into said lease/purcha se agreement . The resolution was assigned a number and read by title: RESOLUTION NO . 37 SERIES OF 1988 ,, ,!E SOLUTI O~ APPROVING A LEASE /PURCHASE AGREEMENT illTH HANIFEN IMHOFF , INC., FOR THE ACQ UiSITION OF EQUIPMENT FOR THE CITY OF ENGLEWOOD . COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER KOLTAY SECONDED, TO RESOLUTION NO. 37, SERIES OF 1988 . Ayes : Counc i l r1embers Koltay, Hathaway, Kozacek, Habenicht, Clayton , Van Dyk e Nay s: None Ab stain : None Ab sent : None APPROVE Byrne, Englewood City Council Minutes June 20, 1988 -Page 6 Mot ion carried. (b) Acting City Manager Vargas presented a recommendation from the De - partment of ~ommunity Development to adopt a resolution app rov ing modifica -I t ions of an existing encroachment at 3495 South Broadway. He explained the owners of Csardas Hungarian Restaurant were remode ling and expanding their location and wished reaffirmation of the encroachment . They plan to install an exterior arched column line from the existing roof edge to the sidewalk below . It is recommended that the request be approved . The resolution was as s ign ed a number and read by title: RESOLUT I ON NO. 38 SERIES OF 1988 A RESOLUTION APPR OVING THE ENCROACHMENT OF AN EXTERIOR ARCHED COLUMN LINE AT- TACHED TO AND HANGING FROM AN EXISTING ROOF, WHICH ROOF ENCROACHES NOT MORE lllAN ONE FOOT INTO THE SPACE ABOVE THE RIGHT -OF -WAY FOR SOUTH BROADWAY ANO WEST HAMPDEN AVENUE IN THE CITY OF ENGLEWOOD , COLORA DO . COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER CLAYTON SECONDED, TO RESOLUTION NO. 38, SER I ES OF 1988. Aye s: Council Memb ers Koltay, Hathaw ay, Kozacek, Nays: Abstai o : Abs ent: ~otion carried. Hab eni cht, Cl .yton, Van Dyke None None None APPROVE Byrne, Mr . and Mrs . Hellvig, owners of this property, were compli n,~nted on the pro- posed improvement within the downtown area . ( c) Acting City Manage r Vargas pre sented a recommendation from the Wat er and Sewer Board to approve a proposal from Rebecca Herbst for a hi stori- cal cle arance study on Boreas Pa ss Ditch No . 2 rehabilitation . COUNCIL M~HBER KOZ,'.f EK MOVED, COUNCIL MEMBER HABENICHT SECONDED, TO APPROVE THE CONTRACT WITH REBECCA HERBST FOR A HISTORICAL SITE PROJECT IMPACT STUDY FOR BOREAS PASS DITCH NO. 2 REHABILITATION. Ayes: Counc i 1 Members Ko ltay, Ha ~haway, Kozacek , Byrne, Motion Nays: Abstain: Ab sent: carried. Hab enicht , Cla y ton, Van Dyke None None None ( d) A reso 1 ut ion appointing Council Member Hab enicht to represent t.he City on the Board of Denver Regional Council of Governments was assigned ~ numb er and read by tit 1 e: RE SOL UT ION NO. 39 SERIES OF 1988 I I I Englewood City Council Hinute~ June 20, 1988 -Page 7 A RE SOL UT ION APPOINT ING COUNCIL MEMBER ALEXANDRA (ALEX) HASEN I CHT AS THE C ITV OF EN GLEWOOD 'S REPRESENTATIVE TO DENVER REGIONAL COUN CIL OF GOVERNMENTS (DRCO G). HAYOR VAN DYKE HOVED, COUNCIL HEHBER CLAYTON SEC ONDED, TO APPROVE RESOLUTION NO. 39, SERIES OF 1988. Aye s: Co un c il Memoer s Koltay , Hathaway, Koza ce k , Byrne , Haben icht , Clay ton , Van Dy ke Nay s: None Ab sta i n : None Ab sent: None Mot i on c arried . ( e ) A re solution appointing Coun c i 1 Member Kozacek to serve as Alter - nate Repre sentative to Denver Regional Council of Gov ernments was assigned a numb er and read by title : RE SOL UT JON NO . 40 SERIES OF 1988 A RE SOLUTION APPOINTING COUNCIL MEMBER GARY KOZACEK AS ALTERNATE REPRESENTA- TIVE OF THE CI TY OF ENGLEWOOD TO DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG). COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER HABENICHT SECONDED, TO APPROVE RESOLUTION NO. 40, SERIES OF 1988. Ayes: Counc i 1 Members Ko ltay , Hathaw ay, Byrne , Habenicht, Nays : Abstain: Absent : Motion carried. Clayton, Van Dyke None Counc i 1 Member Kozacek None (f) A resolution appointing Council Member Hathaway to serve as Trustee of the Malley Center Tru st Fund wa s assigned a number and r ead by title: RESOLUT JON NO . 4 I SERIES OF 1988 A RESOLUTION APPOINTING COUNCIL MEMBER RITA HATHAWA Y TO MALLEY CENTER TRUST FUND BOARD . COUNCIL MEMBER CLAYTON MOVED, COUNCIL MEHBER HABENICHT SEC ONDED, RESOLUTION NO. 41, SERIES OF 1988. Ayes : Council r~mber s Koltay , Kozacek , Byrne, Nays: Abstain: Ab sent : Motion carried . Clayton , Van Dyke None Council Memb er Ha t haway None TO APPROVE Habenicht , Englewood City Council Minutes June 20, 1988 -Page 8 (g ) A r es olution con cerning th e Cultural Fac ilit ies Di strict Referendum to be voted on Nov emb er 8 , 1988, was ass igned a number and r ea d by t It 1 e: RESO LU TION NO . 42 SERIES OF 1988 A RESOLUTION IN FAVOR OF THE CULTURAL FACILITI ES DISTRI CT REFER ENDUM TO BE VOTED ON NOVEMBER 8 , 1988 . COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO APPROVE RESOLUTION NO. 42, SERIES OF 1988. Council Member Clayton spoke in oppo s ition l o th e re so lu t i on, s tating he felt it was another attempt to ta x the citizen s on a broad governmental basis for things we may not want to support ; he felt we should not give up the right to support the art s of our choice, giving that right to a taxing entity. He s tated further th at this would put Englewood at a taxing disadvantage . He urged Counc i l to vol e against this resolution . Council Member Habeni cht s lated her support of the r es o 1 ut ion en couraging the qua 1 i fi ed e 1 ec t ors to seriously con s ider and study the i s sue . Coun c il Memb er Kozacek stated hi s support ba sed on the f act that it would be voted upon, illowing the people to de cid e if addit i onal laxe s should be approved. Council Member Hathaway stated her support based on the creation of the Cul- tural Facilities Di strict for the metropolitan area which includ e Englewood, thereby permitting better access for the citizens of Englewood and providing us with tho se benef its. Council Member Ko llay fe 1t the formatio n of the Cultural Facilities Di str1 ct would be pr ef erential to the City ; however, he did not feel t hat sales tax 1s a proper way to fund cultural activities and would therefore be in opposition to t he resolution as pr es ently written. Coun c il Memb er Byrn e stated she would be interested in seeing what the citi ze ns of Engl ewood would pre f er an d therefore it should be voted upon by the people . COUNCIL MEMBER CLAYTON MOVED TO AMEND THE RESOLUTION, DELETING OUR SUPPORT OF THE PROPOSAL BUT ENCOURAGING THE CITIZENS OF ENGLEWOOD TO VOTE ON THE HATTER. COUNCIL MEMBER KOLTAY SECONDED THE MOTION TO AMEND. An amendment to the re solu t ion wa s sugge s ted by City Attorney DeWitt, i .e , the title would read : "A RE SOL UT ION ENCOURAGING TH I:. ENGLEWOOD RESIDENTS TO CONS IDER AND VOTE ON THE ISSUE OF THE CULTURAL FAC ILITIES DISTRICT REFERENDUM TO BE HELD ON NOVEMBER 8 , I 98e ." I I I I Englewood City Council Minutes June 20, 1988 -Page 9 ~ll "Whereas " paragraphs woul d remain the same. Th e \'esolution paragraph would read : "NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY or ENGLEWOOD , COLORADO THAT: "THE COUNCIL ENCOURAGES THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD TO VOTE ON THE REFERENDUM OF THE NEWLY CRE ATED CULTURAL FACILI - TIES DISTRICT IN THE DENVER METROPOLITAN AREA." Vote results on the amendment to Resolution No. 42, Series of 1988 : Aye s: Council Membe rs Kol tay, Hathaway, Kozacek, Byrne, Habenicht, Clayton , Van Dyke Nay s: None Ab st ain : None Abser.t: Nor,o Motion amendiny the re solution carried . Vote results on pa ssage of the resolution as amended: Ay es: Council Members Ko ltay , Hathaway , Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Ab stain : None Abse ,. : None Motion carried approving the resolution as amended . Council Member Clayton urged that this Council be cognizant of other taxing entities' attempt s to levy additional taxes upon our citizenry . (h) A resolution concerning the review of the sales tax rate wa s con- sidered. The resolution was assi gned a number and read by title : RESOLUTION NO. 43 SERIES OF 1988 A RESOLUTION GIVING NOTICE OF REVIEW OF SALES TAX. Council Membe r Hathaway proposed that the resolution paragraph would read: "NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CIT Y OF ENGLEWOOD, COLORADO THAT : "NO TICE IS HEREBY GIVEN THAT THE SALES TAX INCREASE HAS BEEN REVIEWED AND ITS DI SPOSITION IS STILL UNDER CONSIDERATION." COUNCIL MEMBER HATHAWAY MOVED, COUNCIL HEHOER Clf,YTON SECONDED, TO RESOLUTION NO. 43, SERI ES OF 1988. Ayes : Council Member s Ko ltay , Hathaway, Kozacek, Habenicht , Clayton , Van Dyke Nay s : None Absta i n: None Absent : None APPROVE Byrne, Englewood City Council Minutes June 20, 1988 -Page 10 Motion carried . It was explained that the half -ce nt sales tax has been re - vi ewed ex t ens ively by Council, it's review will be continued for the ne xt seve ral s tudy sessio n. Suggest i ons concerning the di s po s ition of the half - ce nt sa le s tax wer e so li c ited by Council Member Ha t hawa y. 12 . City Manager's Report Mr. Varga s did not have any matters to bring before Council. 13 . City Attorney's Report Mr. DeWit t submit led a copy of the City Attorney 's report on budget issue s to Cou nc il Member Byrne. He al so stated that he would be submitting a forma l r equ es t extending the t emporary po s ition of As s istant City Attorney to Decem - ber 31, 1988 . 14 . General Discussion (a) Mayor's Choice Ma yor Van Dyke did not have any matter s to bring befor~ Council . (b) Cou nci 1 Member 's Choice (i) Thi s item -Resolution appointing Ei·ica M. Byrne to the Engle - wood City Council -was moved forward and acted upon earlier in the ... ~~ting - see Reso lution No. 36 , Series of 1988, pages I and 2 of these minut ,s. (ii) A resolution regarding appointments to the Englewood Downtown Devel opment Authority wa s cons i de r ed. The resolution was assigned a number and read by title : RE SOL UT ION NO. 44 SERIES OF 1988 A RESOLUTION APPOINTING MfMBERS TO FILL POSITIONS ON THE BOARD OF ENGLEWOOD DOWNT OWN DEVELOPMENT AUTH 'JRITY. COl 1HCIL MEHBER HATHAWAY HOVED, COUNCIL HEH8ER KOZACEK SECONDED, TO APPROVE RESOLUTION HO. 44, SERIES OF 1988 . Ayes: Council Members Koltay, Hathaway , Kozacek , Byrne, I Habenicht , Cla yton, Van Dyke I Nays : None Abstain : Non e Ab sent: None Motion carried . Appointments are as follow s: Kev i n Steele (Safeway) and Ken Platou (Swedish Medical Center), both appointments for four-year terms expir - ing June 30, 1992 . * • * • * Council Member Kozacek thanked Boy Scout Troop No. 92 for t heir attendance . I I Englewood City Council H1nutes June 20, 1988 -Page II • * ••• Mayor Va n Dyke ex pressed appreci ation to the audience for their attendance . 15. AdjOUM1~ent COUNCIL HEH8ER KOZACEK HOVEO TO ADJOURN . The meeting adjourned at 9 :25 p .m. r