The URL can be used to link to this page

Home My WebLink About1988-08-15 (Regular) Meeting MinutesI I I . Call to Order ENGLEWOOD C ITV COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session August 15, 1988 The regular meeting of the Englewood City Cou ncil was called to order by Ma yor Van Dyke at 7:30 p .m. 2. Invocation The invocation was given by Council Member Koltay. 3. Pledge ot Allegiance Th e Pledge of Allegiance was led by Mayor Van Dyke . 4. Roll Call Present: Council Members Hathaway , Koltay, Kozacek , Byrne , Habenicht , Clayton, Van Dyke Ab se nt : None A quorum was present . Al so pres ent : 5. Minutes Acting City Manager Vargas Assistant r.ity Attorney Reid City Clerk Cr ow Parks Superintendent Kavi nsky (a) COUNCIL HEHBER KOZACEK MOVED, COUNCIL MEMBER BYRNE SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 1, 1988. COUNCIL MEMBER HABENICHT STATED THE KINUTES INDICATED THAT COUNCIL MEMBER CLAYTON VOTED 'NAY' ON ALL HATTERS BEFORE COUNCIL BUT THAT HR. CLAYTON HAD BEEN ABSENT FROH THE AUGUST 1, 1988 MEETING. THE CORRECTION WAS NOTED AND A VOTE TAKEN ON APPROVAL OF THE MINUTES AS AMENDED. Ayes: Council Member s Koltay , Hathaway, Kozacek, Byrne , Habeni cht, Van Dyke Nays : None Ab st2 in: Council Member Clayton Absent: None Motion carried. The recorded vote on Agenda Jtein Nos . S(a), S(a), 9(a) through (f), 9(g) through (i), JO, IJ(a) l l(b), ll(c), ll(d), ll(e), and Englewood City Council Hinutes August 15, 1988 -Page 2 14(b)(i) on the Augu st I , 1988, minutes are hereby corrected to show Coun c il Member Clayton as "Absent" rather than voting "Nay ." CLERK 'S COR RECTION : It should a 1 so be noted that the record ed vote on Agenda I It em No s. ll(d) and II(e), incorrectly showed Mayor Van Dyke as having vote d "Na y ." Mayo r Van Dyke wa s absent from the meeting of Augu s t I , 1988, from 8 :12 p.m. to 8 :18 p.m . and did not re cor d a "Nay " vot e on e ither of the Agenda I t ern s . 6 . Pre-scheduled Visitors (a) Lois Lighthall , 1540 East Girard Place, addre s sed Council concern - ing the intersection of Dartmouth Avenue and Downing Street. She was of the opinion that the current s ignage "No Right Turn from 6 a .m. to 10 p.m." did not impro ve the situation . She requ ested Council to recon s ider the s ignag e for thi s inter secti on and suggested a "No Right Turn When Children Are Pres - ent" sign . The matter was d iscu s sed , and Ms. Lightha 11 was assured the matter would be revi ewed . Ms. Lighthall also suggested that there be a city -wid e enforcement of the ordinance prohibiting parking within 20 feet of the corner . 7 . Non-scheduled Visitors There were no non-scheduled visitors . 8 . C011'111unications and Proclamations (a) COUNCIL HEHBER KOZACEK MOVED, COUNCIL HEHBER CLAYTON SECONDED, TO DECLARE SEPTEHBER II, 1988, AS 'GRANDPARENTS DAY .' Ayes : Council Members Koltay, Hathaway, Kozacek , Byrne, Habenicht , Clayton, Van Dyke Nays : None Abstain : None Absent : None Motion carried. {b) COUNCIL HEHBER HATHAWAY HOVED, COUNCIL HEHBER KOZACEK SECONDED, TO DECLARE SEPTEHBER 24, 1988, AS 'INTEGRITY DAY." Ayes: Council Members Ko ltay , Hathawa), Kozacek, Byrne , Habenicht, Clayton, Van Dyke Nays: None Abstain : None Absent: None Motion carried . 9 . Consent Agenda COUNCIL HEHBER KOZACEK HOVED, COUNCIL HEMBER KOLTAY SECONDED, TO ACCEPT CON- SENT AGENDA ITEMS 9 {a) THROUGH (g). (a) Minute s of the Non -emerg ency Pension Board meetings of April 20 and July 19, 1988 . I I I [nglewood City Council Hinutes August 15, 1988 -Page 3 (b) (c) (d) (~) ( f) (g) Minutes of the Fire Pension Board meetings of April 26 and Hay 31, 1988 . Minutes of the Housing Authority meeting of June 29, 1988. Minutes of the Downtown Development Authority meeting of July 13 , 1988. Minute s of the Liquor Licen si ng A•Jthority meetings of July 20 and August 3, I 988. Minutes of th e Planning and Zon i ng Commission meeting of Augu st 2, 1988 . Minutes Ayes: Nays : Abstain : Absent: of the Urban Renewal Authority meeting of Augu st 3, 1988 . Council Members Ko ltay, Hathaway, Kozacek, Byrne, Habenicht , Clayton, Van Dyke None None None Motion carried . 10 . Public Hearing No public hearing wa s scheduled. 11. Ordinances, Resolutions and Hot ions (a) Acting City Manager Vargas presented a recommendation to adopt a bill for an ordinance amending Title II, Chapter I, of the Englewood Municipal Code regarding the adoption of the Model Traffic Code . Mr. Vargas explained that this amendment would allow Council t~ make a determination as to signage of intersections to protect the health, $afety and welfare of the Englewood citizens after holding a public hearing t.o consider the matter. COUNCIL BILL NO . 21, INTRODUCED BY COUNCIL MEMBER KOZACEK, WAS READ BY TITLE: A BILL FOR AN ORDINANCE AMENDING TITLE 11, CHAPTER 1, ENGLEWOOD MU NIC IPAL CODE 1985, REGARDING THE ADOPTION OF THE HODEL TRAFFIC CODE ANO EXCEPTIONS THERETO , BY ADDING A NEW SECTION 11-1-3-2 . COUNCIL MEMBER KOZACEK MOVED, COUNCIL HEHBER HATHAWAY SE CO NDED, TO APPROVE COUNCIL BILL NO. 21, SERIES OF 1988. The requirement of holding a public hearing and receiving testimony was explained . Ayes : Council Members Ko ltay, Hathaway, Kozacek , Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain : None Absent : None Motion carried . (b) Acting City Manager Vargas pre se nted a recommendation from the De- partment of Engineering Services to amend Title II , Chapter 3A, of the Engle - wood Hunicip~l Code for the increase of the Annual Performance Bond require- ment for licensed concrete contractors . Mr . Vargas explained that the original bonding requirement of S2,000 was established in 1962 , and does not Englewood City Council Hinutes August 15, 1988 -Page 4 adequ atel y cover the cost s of most concrete work currently being done in En - gl ewo od . Staff i s recommending that the bond r equirement be increase d to SS ,000 ; if work is to ex ceed $5 ,000 then a SI0 ,000 bond would be required . This re comm endation i'; s imilar to requirement s of other cit ies surveyed about thi s matter. COUNCIL BI LL NO . 26, INTRODU CED BY COUNCIL MEMBER KOL TAY, WAS READ BY TITLE : A BILL FOR AN ORDINANfE AMENDING TITLE 11, CHAPTER 3A, SECTION 2, ENGLEWOOD MUNICIPAL CODE 1985, BY INCREASING THE ANNUAL PERFORMANCE BOND FOR LICENSED AND BONDED CONCRETE CONTRACTORS DOING WORK IN THE CITY OF ENGLEWOOD. COUNCIL HEHBER KOLTAY HOVED, COUNCIL HEl1BER CLAYTON SECONDED, TO APPROVE COUN- CIL BILL NO. 26, SERIES OF 1988. Ayes : Council Members Koltay, Hathaway, Kozacek , Byrne , Habenicht, Clayton, Van Dyk e Nays : None Ab st ain: None Absent : None Mot i on carried . Council Membe r Koltay req uested that other bonding require- me nts be r eviewed and evaluated for possible revision . (c) Assistant City At torney Reid presented a recommendation from the City Attorney to adopt a bill for an ordinance authorizing a quit claim deed to a portion of property at 3870 South Fox Street in exchange for payment of assessment for Pav i n9 District No . 7. Ms . Reid explained that the original as~;essment in 1959 t otaling $235 .06 had never been paid; in 1972 a Treasurer's Deed was issued to the City. In order to clear title to the property , a quit claim deed will be issued upon receipt of the assessment plus interest , now totaling Sl,792 . Interest rate was discussed . COUNCIL BILL NO . 27, INTRODUCED BY COUNCIL MEMBER HATHAWAY, WAS READ BY TITLE : A BILL FOR AN ORDINANCE AUTHORIZING ISSUANCE OF A QUIT CLAIM DEED TO A PORTION OF THE REAL PROPERTY AT 3870 SOUTH FOX STREET IN EXCHANGE FOR PAYMENT OF AS- SESSMENT FOR PAVING DISTRICT NO . 7 PLUS INTEREST THEREON . COUNCIL HEHBER HATHAWAY MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO APPROVE COUNCIL BILL NO. 27, SERIES OF 1988. COUNCIL HEMBER CLAYTON HOVED, COUNCIL MEMBER KOZACEK SECONDED, TO AMEND ,;ouN- CIL BILL NO. 27, DELETING FROM THE FOURTH 'WHEREAS' THE WORUS • ... AT THE CUR- RENT RATE OF 18% ... •; THE FOURTH 'WHEREAS ' WOULD READ: 'WHEREAS, IN EXCHANGE FOR A QUIT CLAIM DEED FROM THE CITY OF ENGLE- WOOD , AND THE CITY SHALL BE PAID $280.00 PLUS INTEREST FROM 1959 TOTALING $1,792.00.' Ayes: Council Members Koltay, Hathaway, Kozacek , Byrne , Habenicht , Clayton , Van Dyke Nays: None I I I I Englewood City Council Hinutes August 15, 1988 -Page 5 Abstain : None Ab~ent : Non e Motion car r ied on the amendm ent to Council Bi ll No. 27, Series of 1988. 'lote r esults on the passage of the original mo t ion : Ayes : Council Members Ko ltay, Ha t haway , Nay s: Abstain. Absen l: Habenicht , Clayton , Van Dyke Non e None None Motion carri ed . Kozacek , Byrne , ( d) Acting City Manage r Varga s pn,sented a recommend a ti on from the Finance Department to adopt a re solution r,xtend i ng an agreement with Price Waterhouse for the 1988 financial audit with an option for the 1989 audit. Th e normal three-year cycle wa s discussed, as were the qualifications of Pri ce Water hou se . The re solution was assigned a number and read by title : RESOLUTION NO . 5 7 SER I ES OF !988 A RESOLUTION APPROVING AN EXTENSION OF THE CONTRACT WITH PRIC E WATERHOUSE FOR THE 1988 AUDIT A~D AN OPTION FOR THE 1989 AUDIT . COUNCIL HEHBER KOLTAY HOVED, COUNCIL MEMBER HATHA l!W ,FCONDED, TO APPROVE RESOLUTION NO. 57, SERIES OF 1988. Ayes : Council Members Ko ltay, 1,,,. • ...... ,. Kozacek , Byrne, Habenicht , Clayton, Van Dyk~ Nays : None Abstain : None Absent: None Motion carried (e) Acting City Manager Va r gas presented a recommendation from the De - partment of Community Development and the Englewood Housing Authority to ap- prove by motion an agreement allowing the Englewood Housing Authl1rity to draw fund s from the Rehabilitation Fund for the deve l opment of eight modular homes . Th ~ lending of these funds to the Hou sing Authority would not ha •1e an impact up on the Rehabi 1 itat ion program. COUNCIL HEHBER KOZACEK HOVED, COUNCIL HEHBER HABENICHT SECONDED, TO AUTHORIZE THE EXECUTION OF THE AGREEHENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY ALLOWING THE HOUSING AUTHORITY TO DRAW UPON FUNDS UP TO AN AMOUNT OF $150,000 FROM THE REHABILITATION FUND cOR THE DEVELOPHENT OF EIGHT 110DULAR HOH ES. Ayes : Nays: Abstain : Absent : Motion carr i ed Council Member s Koltay , Hathaway, Habenicht, Clayton, Van Dyke None None None Ko l'acek, Byrne, Englewood City Council Hinutes August 15, 1988 -Page 6 (f) Acting City Manag er Varga s pre se nt ed a reconvn end ation from the Bi - City Supe r visory Committ ee to approv e by mot ion an agreem ent with Brown and Caldw ell for engineering design fees to impl ement the Lon g Range Master Plan, and to furth er approve an amendment to the 1988 budg et to i nclude S663,917 for I tho se fee s. The Long Rang e Master Pl an ca 11 s for expansion of the Wastewater Tre atment Plant, along with odor control mechanisms . It i s proposed that $663 ,917 will be s pent in 1988 , and the balance of $1 ,000,000 ex pend ed in 1989 . COUNCIL MEMBER IIABENICHT MOVED, COUNCIL MEMBER CLAYTON SECONOED, TO APPROVE THE I\GREEMENT WITH BROWN AND CALDWELL CONSULTING ENGINEERS FOR ENGINEERING DESIGN FEES TO IMPLEMENT THE LONG RANGE MASTER PLAN. It wa s clarified that the expenditure would be r , om the Sewer Fund and that ad equate fund s were available . It was als o stated that thi s was a mutual agre ement with the City of Littleton . Vote results : Ay es: Nays : Absta i n: Absen t: Motion carried Council Members Ko ltay , Hath away , Kozacek , Byrne , Habeni cht , Cla yton , Van Dyke None None None ( 9) Acting City Manager Vargas presented a recommendation from the Water and Sewer Board to approve by motion a lease agreement with L. L. Tuck for 31.91 share s of the Nevada Ditch Holding Company. Mr . Vargas explained that the lease is for the irrigation season of 1988 only , that the shares r e- vert back to us at the end of that t ime . COUNCIL MEMBER HABENICHT MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO APPROVE THE LEASE OF 31.91 SHARES OF THE NEVADA DITCH HOLDING COMPANY TO L. L. TUCK. Motion Ayes: Council Members Kol tay , Hathaway, Kozacek , Byrne, Nays : Abstain : Absent : carried Habenicht, Clayton , Van Dyke None Nune None (h' A r ecommendation from the Parks and Recreati on Co mm i ss ion to pur - cha se a 1988 twenty -six passenger bus was considered . COUNCIL Mr.iiBER CLAYTON MOVED, COUNCIL HEHBER HABENICHT SECONDED, TO APPROVE THE PURCHASE OF A 1988 TWENTY-SIX PASSENGER BUS FROH AHERICAN TRANSPORTATION AND EQUIPMENT COMPANY AT A COST OF $45,400.75. Park s Director Kavinsky r espond ed to Council . Co un ci l Me mber Kozacek stated that the newly purc hase d vehicle sho uld be add ed to the C.E.R .F. schedule so re placeme nt, when nec e ss ary , would be automatic . Council Member Clayton re- que s ted that an activi t y log be kept en tn e use of t he bu _ Mr . Kavinsky was I I I Englewoo d City Council Minutes August 15, 1988 • Page 7 thanked for prov id Ing the add it i ona 1 information whi ch Counc 11 needed to make thi s deci s ion. Vote re s ult s : Aye s: Nays: Ab stain: Ar se nt: Motion carried Counc i 1 Member s Ko ltay , Ha th away, Kozar.ek, Byrne, Habenicht, Clayton, Van Dyke None None None 12. City Manager 's Report Mr. Vargas requested that Co unc i 1 approve by motion a pub 1 i c hearing re 1 at i ng to the 1989 operating budget. He recomm ended the date of September 19 , 1988, at 7 :30 p.m., explaining the date of the 19th is prio r to Council 's bud get retreat. COUNCIL MEMBER HABENICHT HOVED, COUNCIL HEHBER KOZACEK SECONDED, TO SET A PUBLIC HEARING FOR SEPTEMBER 19, 1988, AT 7:30 P.H., FOR CITIZENS INPUT CON • CERNI NG THE 1989 OPERATING BUDGET , Mot ion Aye s: Council Member s Ko 1 tay, Hathaway , Ko zac ek , Byrne, Na ys : Ab stain : Absent: carried Habenicht, Clayton, Van Dyke None None None 13. City Attorney's Report Ms . Reid did not have any matters to br ing before Cou ncil . 14 . General Discussion (a) Mayor 's Choice Mayor Van Dyke did not have any matter s to bring before Council. (b) Counci 1 Member 's Choi ce (i) Co uncil Membe r Kozacek i nvited c itizens who would be interest - ed in serving on a co11111ittee to review various nuisance and environmental codes to co ntact him or other members of Council. (ii) Counc i 1 Member Ko ltay req ue sted staff to mee t with Willi am Ha yden to discuss certain matters concerning code enforcement. Englewood City Council Minutes August 15, 1988 -Page 8 15 . Adjournment COUNCIL KEHBER KOLTAY MOVED TO ADJOURN . The meeting adjourned at 8:1 9 p .m. City Clerk I I