HomeMy WebLinkAbout1988-07-18 (Regular) Meeting MinutesI
I
Ca 11 to Order
ENGLEWOOD CITY COUHC IL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
JULY 18, 1988
~ ,
I r, ,t
r,·, .-I ·, <'I
.It .I ('
The regular meeting of the Englewood City Co uncil was called ti' ~r der by Mayor
Van Dyke at 7 :32 p.m.
2. Jnvocat ion
The invocation wa s given by Council Member Koltay.
3. Pledge of Allegiance
The Pledge of Allegiance wa s led by Mdyor Van Dyke.
4. Roll Call
Pre se nt : Coun c i 1 MP.mber s Hathaway , Ko itay, Kozacek, Byrne,
Habenicht , Clayton , Van Dyke
Absent: None
A quoru o1 was present ,
A 1 so present:
5. Minutes
Acting City Manager Vargas
City Attorney DeWitt
Utilities Manager Woika
Director Ragland, Engineering Service
Depu ty City Cl erk Ellis
(a) COUNCIL MEMBER KOZAC:EK MOVED, COUNCIL MEMBER BYRNE SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 5, 1988 .
Aye s: Counc i 1 Member s Ko 1 tay, Hathaway, Kozacek, Byrne ,
Habenicht , Clayton , Van Dyke
Nays: None
Ab s tain : None
Absent: None
Motion ca rried.
Englewood City Council Minutes
July 18, 1988 -Page 2
6 . Pre-scheduled Visitors
( a} There were no pre -schedul ad vis it ors.
7. Non-scheduled Visitors
Dennis Byron , 2762 Soutt, Sherman, addre;sed the Coun c il concerning code
violations and public d is turbances at 2754 South Sherman. He noted that
he has ca 11 ed the owner ~f the home severa 1 ti mes, who told Hr. Byron
that it wa s not his probl em, that he should call the police . Mr . Byron
asked the Council to advi se him of his options in this situation.
Council Member Clayton st,,ted he would be wil 1 ing to call the 1 andlord
and speak to him about. the sHuation, but that the tenant is really
responsible . He advised Mr . By,•on to call the poii ce i f the tenants are
violat i ng the noise ordinance ; code violations should be referred to the
Building and Code Enfo r cement Division .
Council Member Kozac t ~ direc ted staff to look into the code violations ,
noting his concern about the s ituation .
Mayor Van Dyk e st ated that Code Enforcement would check the home for any
code violation s and asked Mr . 8yron to call her personally if the prob-
1 ems continue .
Mayor Van Dyke announced that three other people had ind ·. ,ted they
wished to speak about th e same prob 1 em and she encouraged the , co do so .
Randy Perkins, 274 1 So ijti1 Sherman, asked if there was any w1 · che tenants
could be forced to wate r the yard and cut the weeds .
Council Member Clayton statod the code requires that weed! be less than
si x inches, but there is nc law that requires them to mal,r it look nice .
Council Member Byrne not ed that !.he Library has a copy of the Municipal
Code which they might wis h to stt iy in order to determine which codes are
being violated .
8 . Co11111unication ·; and Procl ,1mations
(a} COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER CLAYTON SECONDED, TO
PROCLAIM AUGUST 9, 1988, AS NATION~L NIGHT OUT.
Ayes: Counci 1 Members Ko ltay, Hathaway, Kozacek, Byrne,
Habenic ht, Clayton , Van Dyke
Na y s : None
Ab s tain : None
Absent : None
Motion carried .
I
I
I
I
Englewood City Council Minutes
July 18, 1988 -Page 3
{b) COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER KOZACEK SECONDED TO
PROCLAIM THE WEEKEND OF AUGUST 26-28, 1988, AS ENGLEWOOD RENDEZVOUS
Mot ion
WEEKEND .
Ayes :
Nays :
Abstain :
Absent :
carried.
Council Member s Ko ltay, Hathaway ,
Habeni cht , Clayton, Van Dyke
None
None
None
Kozacek, Byrne,
At the request of Council Member Hathaway, Mayor Van Dyke presented John Scott
with the signed proclamation.
9 . Consent Agenda
COUNCIL NENBER CLAYTON MOVED, COUNCIL MEMBER KOLTAY SECONDED, TO ACCEPT CON-
SENT AGENDA ITEMS 9 {a) THROUGH { c) •
{a)
{b)
{c)
Minutes of the Housing Authority meeting of May 25 , 1988 .
Minutes of the Board of Adjustment and Appeals meeting of June 22 ,
1988 .
Minutes
Aye s:
Nays :
Abstain:
Absent :
of the Urban Renewal Authority meeting of July 6 , 1988.
Council Members Ko ltay, Hathaway, Kozacek, Byrne,
Habenicht, Clayton, Van Dyke
None
None
None
Motion carried.
10. Public Hearing
No public he .ring was scheduled .
11 . Ordinances, Resolutions and Notions
{a) Actin g City Manager Vargas presented a reconvnendation from the
Wat er and Sewer Bo ~rd to approve an agreement between the City of
Englewood and the City of Cherry Hill s Village for extended water
service to the Frog Hollow area. The City of Englewood has been
approached by seven to ten residents of Cherry Hills Village to
provide water service to their home s. We are currently providing
water service to that genera ·1 area .
Michael Woika, 1806 South Logan, Utilities Manager, responded to
questions from Counc il. He confirmed they would be on water meters
and would pay tap fees . The lines will be installed according to
our specifications at no cost to the City of Englewood . Main -
tenance of the 1 ines will be the responsibility of the City of
Englewood.
Englewood City Co uncil Minutes
July 18, 1988 • Page 4
COUNCIL BILL NO. 23, INTRODUC£D BY COUNCIL MEMBER KOZACEK, WAS READ BY TITLE :
AN ORDINA NCE APPROVING AN AGREEMENT BETWEEN THE CIT Y OF ENGLEWOOD AND THE CITY
OF CHERRY HILLS VILLA GE FOR A FIJLL SERVICE WATER CONTRACT .
COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER HATHAWAY SECONDED, TO APPROVE
COUNCIL BILL NO. 23, SERIES OF 1988.
Ayes: Council Members Ko ltay, Hath away, Kozacek, Byrne ,
Habenicht , Cla yto n, Van Dy ke
Nays : None
Ab stai n : None
Ab se nt: No ne
Motion ca r ried .
(b) Acting City Man;ger Varga s presented a recommendation from Di rector
of Engineering Services to approve a contract with the Colorado
Department of Highways for design of the Broadway /Big Dry Creek
Bridge widening . The existing bridge is too narrow , creating a
traffic hazard . Thi s project would be expensive, but the Colorado
Department of Highway s is willing to pay a sub sta ntial part of the
expansion . Staff is r equesting approval of a $6000 .00 expenditure
to proceed with the preliminary design, which is included in the
$25,000 overall cost of the project.
COUNCIL BILL NO . 24, INTRODUCED BY COUNCIL MEMBER KOZACEK , WAS READ BY TITLE:
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE
DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, FOR WIDENING OF SOUTH BROADWAY
OVER BIG DRY CREEK BRIDGE BETWEEN CENTENNIAL AVENUE AND RAFFERTY GARDENS .
COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER KOLTAY SECONDED , TO APPROVE COUN-
CIL BILL NO. 24, SERIES OF 1988.
Ayes : Counc i1 Members Ko ltay, Hathaway , Kozacek, Byrne ,
Habenicht , Clayton , Van Dyke
Nay s: None
Abstain: None
Absent: None
Motion carri ed.
( c) Di rector Ragland, Engineering Services, presented a recommendation
I
to approve an agree ment with Urban Dr ai nage and Flood Control Dis-I
tri ct for partial fundi ng of Little Dry Creek Channel Improvements
at Dartmouth and Santa Fe Drive. She explained that the City has
been working on this project ~i nce December of 1986. It has been
determined that in the event of a 100-year flood the flows at the
box culvert under Cinderella City would be over 20 feet per se cond
and the erosion would be cat astroph ic. The Hig::waJ Department be -
came very concerned after studying the implications of that ki nd of
flow on the railroad bridges and the S,rnt J Fe bri culvert. The
Agreement provides that the City contribute Sl25,000, Urban
Ora i nage S 125,000 , and the Co 1 or ado Highway Departn;~nt i32 5, 000 .
I
I
Englewood City Council Minutes
July 18, 1988 • Page 5
The proposed structure is 100 feet long and 16 feet wide with baf•
fles in the bottom of the channel . There will be a pool of water
in the channel about six feet deep . Provisions h;.ve been made to
install chain 1 ink fences and to post the area as ::.fety measures .
Ms . Ragland responded to questions from the Council.
Council Member Clayton expressed concern over the safety factors
involved in having the pool of water . He recommended that emergency
acces s be included in the final design.
Mayor Van Dyke stated that she is a member of the Urban Drainage
and Flood Control Board and she would convey to them the safety
concerns .
COUNCIL BILL NO . 25, INTRODUCED BY COUNCIL MEMBER HATHAWAY , WAS READ BY TITLE :
A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD
AND URBAN DRAINAGE AND FLOOD CONTROL DISTRICT REGARDING DESIGN AND CONSTRUC-
TION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR LITTLE DRY CREEK fROM SAN-
TA FE DRIVE TO CINDERELLA CITY.
COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER CLAYTON SECONDED, TO APPROVE
COUNCIL BILL NO . 25, SERIES OF 1988.
Ayes : Council Members Ko 1 tay, Hathaway, Kozacek, Byrne,
Habenicht, Clayton, Van Dyke
Nays: None
Abstain : None
Absent : None
Motion carried .
(d) Acting City Manager Varga s presented a Resolution con senting to a
change of ownership of United Cable Television Corporation . He
stated that several years ago United Cable was given a 1 icense to
operate a cable system within the City of Englewood . Part of that
license included the provision that at any time there was a sale of
any of the holdings of the company they would notify the City for
its approval . United Cable is merging with United Artists and a
n,i w company called United Artists Holding Incorporated will be
cl'eated.
The resolution wa s assigned a number and read by title :
RESOLUTION NO . 48
SERIES OF 1988
A RESOLUTION OF THE CITY OF ENGLEWOOD CONSENTING TO A CHANGE OF OWNERSHIP OF
UNITED CABLE TELEVISION CORPORATION, PARENT COMPAHY OF UNITED CABLE TELEVISION
OF COLORADO, INC., MAJORITY STOCKHOLDER OF HOU~ \IN STATES VIDEO, INC ., THE
CURRENT HOLDER OF A FRANCHISE AUTHORIZING THE OPERATION AND MAINTENANCE OF A
CABLE TELEVISW " SYSTEM IN THE CITY .
Englewood City Counci 1 Hi nute s
July 18, 1988 -Page 6
COUNCIL HEH8ER CLAYTON HOVED , COUNCIL MEHRER KOZACEK SECONDED, TO APPROVE
RESOLUTION NO -48, SERIES OF 1988. Before voting, discussion ensued concern-
; ng Counc i 1 Mem be r Clayton's comment as to the relevancy of this ordinance
coming before Counc i 1. It was confirmed that the l eve l of service wi 11 not be
affec ted by the appro val of the change of ownership . Vot e results:
Ayes : Council Members Ko ltay, Hathaway , Kozacek, Byrne,
Hab enicht, Clayton, Van Dyke
Nays: None
Abstain : None
Absent: None
Motion carried.
( e) Acting City Manager Vargas presented a recommendation from the
Parks and Recreation Department to approve the purchase of a 1988
26-passenger coach . He stated that the 1988 budget approved fund-
ing to purchase a large capacity bus for a variety of recreational
programs . Lottery monies would be used to purchase the bus, at a
cost of $45 ,400 .75 . Discussion e nsue~. Mr. Vargas responded to
questions from Council, stating that alternative sources of funding
had been studied .
Council Member Clayton, a member of the Pa rks and Recreat io n Com -
mission, explained that the Commission supported this purchase
based on in formation that the 19-passenger bus currently in use is
unsafe for mountain travel . The shocks, steering, and brakes are
not adequate for the hills , grades and curves . If th e programs are
to be continued adequate transportation is es sent i a 1.
Council Member Koltay stated that he reluctantly supported this
reco11111endation as he felt the City is incurring a tremendous
liability . However , not i ng that the bus was only used Ill times in
1987 , he encouraged staff to 1 ook into alternative sources of
transportat ion .
Council Member Clayton agreed, stating that he supports this pur-
chase, be cause he is convinced the· unsafe vehicle incre ases our
1 i ability. He urged that the programs be di sce nt i nued if the bus
is not purchased.
1.l hd 4.,&.~.a "I /r -
Council Member Habenicht~olted-the results of the studies th at
had been don e in terms of contacting private companies .
I
COUNCIL HEHBER KOZACEK HOVED, COUNCIL HEHBER CLAYTON SECONDED, TO APPROVE THE I
PURCHASE OF A 1988 26-PASSENGER BUS FOR $45,400 .75 FROM THE AMERICAN TRANSPOR -
TATION AND EQUIPMENT COMPANY.
Council Membe r Kozacek cemented that he felt it was imperative
that this Council consider the needs of the youth in the City .
I
I
Englewood Cl ty Councl 1 Ml nutes
July 18, 1988 -Page 7
Council Member Habenicht stated that she doe s not want to cut any
of the recreation program s for the youth, se nior citizens or adults
in the co11111unit y, but !:he has some reservations ab out this pur -
cha se . Ms . Habenicht f elt she would l i ke to delay this pur cha se
until aft er th e budg et is reviewed t o determine if there would be a
wa y to pre serve t he prog r·am s and provide s afety without the
expenditure.
Discus s io n en s ued.
Cou nc il Member Byrne s ugge ~ted that t hi s matter be tabled for a few
we eks, in ord er for-her to review t he eco nomi c analysis Mr. Vargas
me ntioned .
COUNCIL MEM BE R HABENICHT MOHD , COUNCIL MEMBER BYRNE SECONDED, TO TABLE THIS
PURCHASE.
Aye s: Council Mem ber s Hat ha way, Byrne , Habenicht, Clayton
Nay s: Council Member s Koltay, Kozacek, Van Dyk e
Absta in: None
Absen t: None
Mo tion carried and the matter wa s tabled .
( f) City Attorney DeWit t pre sented the license agreement with the City
of Englewood and the Boy Scout s of America to use Centennial Park
lake for canoe tra i ning purpose s. He noted that the Certificate of
In s urance is sufficient to cover the City 's l i ability . Scouts mu st
observe all park r ules, a supervisor over the age of 30 must be
present at all times , and they are not allowed to store items in
the park .
COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER HABENICHT SECONDED, TO APPROVE
THE PRIVATE LICENSE AGREEMENT FOR BOY SCOUTS OF AMERICA TROOP NO. 92.
Discu ssi on ensued . It wa s confirmed t hat this is a non-exclusive
private l ice nse which do es not extend to other i ndi vidua ls and /or
groups . Council i s under no obligation to approve a similar
request from any other organ iz ation .
The vote resu lted as
Aye s:
Nay s:
Abstain :
Ab se nt:
Motion ca rried.
follows :
Council Memb er Ko ltay,
Habenicht , Van Dyke
None
Coun ci l Mem ber Clayton
None
12 . City Manager's Report
Hathaway ,
Mr. Vargas di d not have any matters to bring be fore Council .
Kozacek, Byrne,
Englewo ~' 'lty Coun cil Min ute s
July 18, . 88 -Pag e 8
I 3. City Attorney's Report
(a ) Mr . DeWitt r ecomm end ed a formal approval of the Settleme nt Agree -
me nt of Wylie vs. City of Engl ewoo d/ City of Sheridan be approved.
COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER CLAYTON SECONDED, TO APPROVE THE
SETTLEMENT AGREEMENT -WYLIE VS . CITY OF ENGLEWOOD/CITY OF SHERIDAN.
Aye s : Council Members Koltay, Hathaway, Kozacek , By rne ,
Hab eni cht, Clayton , Van Dyke
Na ;,: None
Ab sta in : None
Abs ent: None
Mot ion carried.
( b) Mr . DeWitt requ ested appro val to proceed with a suit to reco ve r
damages for th e roof at the Recreation Center .
COUNCI L ME MBER CLAYTON MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO APPROVE THE
CITY ATTORNEY 'S REQUEST TO PROCEED ON THE LAWSUIT TO RECOVER DAMAGES FOR THE
POORLY DESIGNED AND CONSTR UCTED ROOF ON THE RECREATION CENTER.
Ayes : Council Me1o1bers Koltay, Hathaway, Kozac ek , Byrne,
Haben icht, Clayton, Van Dyke
Nays : None
Ab st ain : None
Absent : None
Motion carried .
14. General Discussion
(a) Mayor 's Choice
Mayor Van Dyke did not have any matters to bri ng before Coun cil.
(b) Council Mem be r's Choice
( i) COUNCIL MEMBER HATHAWAY MOVED, COIJNCIL MEMBER KOZACEK SECONDED, TO APPROVE
THE LICFNSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HERITAGE
ASSOCIATION REGARDING THE USE OF CITY PMPERTY FOR THE ENGLEWOOD RENDEZVOUS
FOR THE WEEKEND OF AUGUST 25 THROUGH AUGU~T 28, 1988.
Ayes: Co un ci l Members Ko ltay, Hath away, Kozatek, Byrne,
Habenicht , Clayton , Van Dyke
Nays : None
Ab st ain : None
Ab se nt : None
Motion carried .
I
I
I
I
Englewood City Cou~cil Minutes
July 18, 1988 -Page 9
(it) A Resolution concerning an appointment to the Planning and Zoning Com -
mission was assigned a number and read by title:
RE SOL UT ION NO . 49
SERIES OF 1988
A RESOLUTION APPOINTING HELENE S. TOBIN TO A POSITION ON THE PLANNING AND
ZONING COMMISSION FOR THE CITY OF ENGLEWOOD.
COIJNC :L MEMBER HATHAWAY MOVED, COUIICIL MEMBER KOZACEK SECONDED, TO APPROVE
RESOLUTION HO. 49, SER! f.S OF 1988,
Ay es: Co unc i 1 Members Ko lt, , Hathaway, Kozacek, Byrne ,
Habenicht , Clayton, 1,an Dyke
Nays: None
Ab st ain : None
Ab se nt : None
Motion carried. The appointment is effective irrrnediately and wi ll expire
February I , 1991.
(iii) A Reso 1 ut ion concerning an appointment to the Board of Adjustment and
Appeals wa s assi gned a number and read by .itle:
RESOLUTION NO . 50
SERIES OF 1988
A r.i so ~UT!ON APPOINTING ELEANOR DUNN TO FILL A VACANCY ON THE ENGLE':IOOD BOARD
t1f 1..[JJUSTHE NT AND APPEALS .
COUNCIL MEMBER CLAYTON MOVED, MAYOR VAN DYKE SECONDED, TO APPROVE RE SOLUTION
NO. 50, SERIES OF 1988.
Ayes: Counc i 1 Members Ko ltay , Hathaway , Kozacek, Byrne ,
Habenicht , Clayton, Van Dyke
Nays : None
Ab st ain : None
Ab sent : None
Moti on carried . The appointment is effective i rrvn ediately and will expire
February I , 1992.
(iv) A Resolution concerning an appointment to the Publi c Library Board
wa s ass igned a number and read by title :
RESOLUTION NO . 51
SERIES OF 1988
A RESOLUTION APPOINTING LARILYN AS HLO CK TO Fill A VA CANCY ON THE PUBLIC
LIBRARY BOARD OF THE C !TY OF ENGLEWOOD .
Englewood City Council Minutes
July 18 , 1988 -Page 10
COUNCIL MEMBER HABENICHT MOVED, COUNCIL MEMBEP. HATH/1\IAY SECONDED, TO APPROVE
RESOLUTION NO, 51, SERIES OF 1988, Ayes : Counc i 1 Members Ko Hay, Hatha11a y , "ozacek, Byrne ,
Habenicht, Clay to n, Van Dyke
Nays : No~~
Abstain :
~bsent :
Motion carried . l~e
Non e
No,,e appointment is effective imme diately and expires February
I, 1990. (v) A Resolution conce rni ng a reappointment to the Englewood Housin g Au -
thority was assig1 ,ed a number and read by '.it1 1,:
RESOLUllON NO. 52
SERIES OF 1988
A RESOLU!ION REAPPOINTING R.J. BERLIN 10 THE EMGLEWOOD HOUSING AUlHORllY FOR A
FOUR -Y EAR TERM .
co•JHCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER KOLTAY SECONDED, TO APPROVE
RESOLUTION NO, 52, SERIES OF 1988, Ayes: Council Me mbers Ko 1 tay, Hathaway, Kozacek, Byrn e,
Habenicht, Clayton, Van DJke
Nays:
Absta i n :
Absent :
Mot ion carried. The
1, 1992 .
None
None
None reappointment is effective immed i atel y and expires July
15 . Adjournl!ll'nt
COUNCIL MEHBER KOZACEK MOVED TO ADJOURN, The meeting adjourned at 8 :45 p.m .
I
I