HomeMy WebLinkAbout1988-11-07 (Regular) Meeting MinutesI
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ENGLEW OOD CITY COUNCIL
ENG EliOOD, AIIAPAHOE COUNTY, COLORADO
Regular Session
November 7, 1988
I . Ca 11 t o Order
The r egular meeting of the Eng l ew,•-1 City Cou nci l was ca ll ed to order by Ma yor
Van Dyke at 7:30 p.m.
2. Invocation
The invocation wa s g iv ~n by Coun ~il Member Koltay.
3 . Pledg e of Allegiance
Th e. Pl edge of A 11 eg i an ce was led b.v Mayor Van Dyke.
4. Roll Call
Presen t : Council Membe • s Hathaway , Kol tay, Kozacek , Byrne,
Habenicht, CLyton , Van Dyke
Absent: Non e
A qu orum was prese nt.
Al so presen t :
5. Minutes
Acting City Manager Vargas
City Attorney DeWitt
City Clerk Crow
Di r ec tor Wan ush, Community Deve 1 opment
Di rector Ragland , Engineering Services
(a) COUNCIL HEH8ER KOZACEK MOVED, COUNCIL MEMBER KOLTAY SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR MEETING OF OCTOBER 17, 1988.
Ayes: Council Memb ers Ko ltay , Hat haway , Kozacek, Byrne ,
Habenicht , Cl ay ton , Van Dyke
Na ys: No ne
Ab s t ain: None
Absent: None
Motion carr ied.
(b ) COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER KCUAY SECONDED, TO
APPROVE THE MINUTES OF THE SPECIAL MEETINGS Oi" OCTOBE~ 20, 1988.
Ayes : Cou ncil Mem bers Koltay, Hath away, Kozacek, Byrne ,
Habenic ht , Clayto n, Van Dyke
Englewood City Council Minute s
November 7, 1988 -Page 2
tla ys : None
Absta in: None
Absen t: None
Mo t ion ca rr ie d .
6 . Pre-s cheduled Visitors
(;) Sus ie Sc hneider, 2990 South Grant Street, addr e:;sed Coun c il con -
cerning the cl osu re of the Miller Building . She s tressed the value of and
need for the cl asses offered at that location. Rec overy co s ts and higher f ees
were di sc ussed . Ms. Schne id er concluded by reque s ting Council to reconsid er
their po s iti on i n thi s matter .
Oth er c itiz ens, both residents and non -residen ts, who addressed Council and
joined Ms . Sc hre ider in requesting that the Miller Building not be closed,
were Jo se ph L. ,;ootee, 1421 E. Bates Parkway; Dorothy Schwab, 4795 South Inca ;
Lill ian Mi les , 675 We st Fremont Drive, Littleton; Shari Adamial :, 343 We st
Pow ers Pla.c e , Lit t 1 eton; Greg Wa s i 1, 4285 South De 1 aware ; ,.nd Carolyn
Hart zell, 4729 So uth Logan.
7. Non-sch ed uled Visitors
(a) El ea nor Dunn , 3419 So uth Pennsylvania, adv ised Council of receipt
of letters from the City [dev elopment authority] relative to Swedish Medical
Center 's planned development advising her of the closure of her alley and
street whic h would ad verse ly affect access to mail service, tra s h pickup,
emergency 5e r vi ce s , and street parking. She mentioned a petition signed by
over 60 people who are against this closure. Ms . Dunn stated she had given
Counc i 1 Mem ber Clayto n copies of the letters ; Council Member Clayton inquired
concerning i nforma tion in the letter, stating he did not see any notice of
affected mail se rvice, trash pickup, etc . Ms . Dunn responded by stating if
the s treet were clo se d, those services would cease and it would affect family
1 iving in Engl ewood . She informed Council that the matter was schedu led be -
for e Planning an d Zoning Commiss i on November 15th.
Dir ec t or Wanu sh, Community De ve lopment, was asked to address this matter. Mr.
Wanu sh advi sed Council that Swedish Medical Center ha s requested a Planned
Deve l op me nt affecting the area between Girard and Hampd en for a new parki ng
garag e, a vac ation of an alley , and partial vacation of Pennsylvania . He as-
sured Cou nc il th at there would be total access to the hou ses on Pennsylvania.
The ma tt er is to be before the Planning Commission in a public hearing on
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November 15 ; the 1 et ter, Ms . Dunn a 11 uded to are notices of that public hear -I
i ng. Any r eco mm endation from the Planning Commission concerning thi s matt er
wou l d be re f erre~ to City Counci l. Normal procedure for the vacation of
s treets wa s expla in ed by Mr. Wanu sh. He also stated it did not appear that
mail del i very, trash serv ice, etc. would be adver se ly affected .
Mayo r Van Dy ke urged mem ber s of Coun c il to attend th e public hearing on Novem -
~er 15th. Mr. Var gas suggested a joint meeting with tt,e members of Plann i ng
and Zoning Comm i s sio n prior to th e public hearing .
8 . Communica ti ons and Proclamations
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Engl ewoo d City Council Minutes
Nov emb er 7, 19 88 -Page 3
(a) COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER CLAYTON SECONDED, TO
DEC LARE OC TOBER 24, 1988, AS WORLD PEACE DAY. Mayor Van Dyke explained this
wa s be i ng ap proved r etro acti ve l y,
Ayes: Co un c il Mem bers Ko ltay , Hathawa y, Kozacek, By rne,
Ha benic ht , Cl ay ton , Van Dyk e
Nays: Non e
Absta in : Non e
Abse nt: None
Motion carried .
(b) COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO
ACCEPT THE LETTER FROM CHAIRMAN TOMOOKA, ENGLEWOOD DOWNTOWN DEVELOPMENT AU-
THORITY CONCERNING APPOINTMENT TO THE BOARD.
Ayes: Council Member s Ko ltay, Hathaway, Kozacek, Byrne,
Hab enicht , Clayton , Van Dyk e
Nays: None
Absta in : None
Abse nt: None
Motion carried .
9. Con se nt Agenda
COU NCI L MEMBER KOZACEK MOVED, COUNCIL MEMBER KOLTAY SECONDED, TO ACCEPT CON-
SENT AGENDA ITEMS 9 (a) THROUGH (g):
(a) Minutes of the Police Retirement Board meeting of September 8 ,
19 88 .
( b) Minutes of th e Englewood Downtown Development Authority meeting s of
Septem ber 14 and October 12 , 1988.
(c ) Minutes of the Fi r e Retirement Board meeting of October 4, 1988 .
(d) Minu tes of the Englewood Public Library Board meeting of Octobe r
11, 1988 .
(e) Mi nutes of the Urban Renewal Authority meeting of October 12, 1988 .
(f) Minutes of the Parks and Recreation Commission meeting of October
13, 1988 .
(g) Minutes of the Liquor Licensing Au t hority mee t ing of Oct ober 19,
1988 .
Ayes :
Nay s :
Absta in :
Abse nt:
Moti on carried.
Co unc il Mem bers Kol tay, Hathaway, Kozacek, Byrne ,
Habeni cht, Clayton , Van Dyke
Non e
None
Non e
* * * * *
Coun ci l Me mber Koz acek requested that Consent Agenda Item 11 ( h) • An Ordinance
amend ing the Eng l ewo od Mun icipal Code relating to trees, be removed from the
Co nse nt Agenda and acted upo n se pa rate l y.
* * * * *
Engl ewood City Council Hi nutes
Nove mb er 7, 1988 -Page 4
COUNCIL MEM8ER HATHAWAY MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO APPROVE
CONSENT AGENDA ITEMS g ( i) AND (j):
(i) Ordi nance No. 32, Se ri es of 1988, introduc ed by Counci l Member
Ha lhaway, enl ill ed :
Atl OR DINANCE AMENDING TITLE 10 , CHAPTER 2, SECTION 8 , lNGL ·WOO D MUNI CIPAL
CODE 1985, BY ADD IN G A SUB SECT ION PROVIDING FOR CO ST REC0 VERY FOR PUR -
CH AS E OF PUBLIC RIG HT-O F-WAY .
(j) Ordinanc e tl o . 33 , Ser i es of 1988 , introduc eei uy Cou nci l Member
Kozacek , en t itl ed:
Ml OR DINANCE APPRO VING THE CONNECTORS AGREEMENT BETl'EE N THE CITY OF EN -
GLE WO OD AND THE SAN IT ATION DISTRI CTS IT SERVES .
Ayes : Counc il Members Ko ltay , Hathaway, Kozac ek . Byrne,
Habenicht, Clayton, Van Dyke
Nay s : None
Abstai n: None
Ab se nt : Non e
Mot ion ca r r ied.
(h) COUNCIL i<ILL NO. 32, INTRODUCED B: CO" ,i, 1 ,1 fl'.8 tR BYRNE , WAS READ
BY TITLE:
A BI LL FOR AN ORD itlANCE AMENDING TITLE 11 , CHAPTER 5, SECTION 8 , ENGLEWOO D
MUNICIPAL CODE 1985, RELATING TO TREES .
COUNCIL MEMBER BYRNE MOVED , COUNCIL MEMBER CLAYiON SECONDED, PASSAGE OF COUN-
CIL BILL NO. 32, SERIES OF 1988, ON FINAL READING. Council Member Kozacek
stated hi s oppo s ition; di sc us si on ensued .
Ayes: Council Members Ko ltay , Hathaway, By r ne , Habenicht ,
Na ys:
Ab stain:
Ab se nt:
Mot i on carri ed .
Van Dyke
Counc i 1 Membe rs Koza cek, Clayton
None
None
ORDIN ANCE tlO . 34, SERI ES OF 1988, WAS ASSIGNED TO CO UN CIL BILL NO. 32 .
Counc il Member Clayton exp lained his "no " vote, base d on hi s belief this wo uld
be a continuing prob l em and wou ld be co nsidered a nuisance ordinance.
10. Public Hea ri ng
COUNCIL MEMBER KOZACEK MOVED, COUNCIL 11El1BER CLAYTON SECONDED, TO OPEN THE
PUBLIC HEARING TO CONSIDER AH ORDINANCE OH FINAL READING APPROVING CHANGES TO
THE 8-2 BUSINESS SECTION OF THE COMPREHENSIVE ZONING ORDINANCE.
Aye s : Council Members Koltay, Hathaway, Kozacek, Byrne ,
Haben icht , Clay t on , Van Dy ke
Nay s : None
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Eng 1 ewood City Counc i1 Hi nutes
November I, 1988 -Page 5
Abstain : None
Ab sent: None
Mot i on ca ,-ri ed .
Dir ec \01· Wan ush, Comm unity Oe vel opment Depar t ment , duly sworn , provided back -
groun d informa tion on the rec omme ndation of the Planning and Zoning Commi s sion
to ame nd Ti t l e 16, Ch apter 4, Se ction 12 of the Eng l ewood Municipal Code 1985,
B-2 Bu si nes s Zone Di s t r i ct of the Compreh ens ive Zoning Ordinan ce. He :xplained
that the ;pecifi c chang es would deal with the treatment of automobile s ales ,
r et a il sales , aut em obil e lea s ing, recreational vehicl es, etc . He advised
Co unci l that th e cha nges be ing r ecommended were the result of a comm ii tee com -
po sed of se l ec t ed mem bers of the Chamber of Commer ce, selected member s of th e
car deal ers hip comm unity , members of the Plan •1ing Commi ss ion, certain members
of th e City Co unc il , and Dorothy Romar,s, staff member of Conrnunity
Devel op ment.
Th e co mmi t t ee's r ec omm endations were presented to the Pla nnin g Cammi ss ion in
pu bl i c heari ng on October 4, 1988, and are now being fo rward ed to the City
Cou nc il . He ex pl a ined the current ordinance calls for automobile sal es and
l easi ng to be a con ditional use in the 8-2 Di strict requiring: 1) a 10 ' land -
sc ap e se tba ck (not r equi rp j of other conditional uses in the 8-2) and 2) reap -
plicati on for cond it ion al use status for any cha nge of ownership of a sales
l ot. It ,;as fe lt by th e co mm ittee that thi s wa s unfair treatment directed
towar d a s ingle use r an d should be changed. The change being recommende d is a
ch ang e from co nditional use to a permitted USP.. Mr . Wanush affirmed t hat all
the ot her re qu i r em ent s of the zoning ordinance would apply, i .e ., that parking
r equ i r eme nt s, lands caping, setbacks . sign code, fence s and ret2ining walls
wou l d appl y to this use and would require conformance by all new users.
Specifics changes we re detailed as follows : ·) Under Permitted Principal
Use s, automo bil e l eas ing; automobile sa l es at retail by a licensed dealer,
rec r eatio nal veh i c l e s and boat s (sale s ,. lea se) hav e been added; 2) deleted
th at pa rt o f Sec tion 2 relative to these same uses; 3) added language to
clar ify th e ex is t ing condition of automobile service stat ion s; 4) added a sec-
t ion .entit l ed "Ot he r Provisions and Re quirements" specifying t hat no use shall
be perm itted within the Dist r ict which would bec ome a nuisanc e by emitting an
ob no xious or dan gerous degree of heat , odor, \11 ar e , radiation or f umes , or
undue or ex cessive no i se be yond an y boundary 1 ino of the lot upon wh i ch t he
use i s loc ated.
Di sc uss ion ensue d re l ati ve to previ ou s conditional use rationale , whether this
cha nge would r es ult in a proliferat ion of car lots ; Mr. Wanush did not feel
tha t wou l d happe n.
The City Clerk con firmed that publication requirements of the public he aring
ha d been met.
Co unci l Member Koz acek r equested thut Mr . Gerl ick pres ent te s t iinony relative
to thi s ma tt er .
To m Gerl ick , 115 5 Wes t Prin ce ton Pl ace and owner of an auto dealership located
in th e 4800 bl ock of So uth Br oadway , was duly sworn . He s tated he felt the
Englewood City Counci 1 Hi nut es
Nov ember 7, 1988 -Pag e 6
pro po se d chan ges wou ld sa t i s fy anyon e in the car business and still me e t the
r equiremen t s o f the City , and that it wa s a very good chang e to the current
req uireme nts .
Th e r e we re no o th e r per sons wi shing to addres s this matt er .
COUNCIL MEMBER KOZACEK MOVED, COUNCIL HEHBER CLAYTON SECONDED, TO CLOSE THE
PUBLI C HF.ARING.
Ay es: Co uncil Members Kol tay, Ha th away,
Habenicht, Clayton, Van Dyke
ila r s : None
Abstain: Nono.
Absent: None
car ri e d, and the public hearing wa s clo sed.
Kozacek, Byrne ,
rr1J 1:r IL BI LL NO. 3 7, INT RODUC ED BY COUNC IL MEMBER CLAYTON , WAS READ BY TITLE:
/, ,D UN CIL BILL FOR AN ORDINANCE AMENDING TITLE 16-4-12 (cOMPREHENSIVE ZONING
ORD III M!C E), B-2 BUS INES S ZONE DI STRICT, ENGLEWO OD MUNICIPAL CODE I,85.
COUNCIL MEMBER CLAYTON MOVED, COUNCIL HEHBER KOZACEK SECONDED, PASSAGE OF
COUNCIL BILI. NO . 37, SERIES OF 1988, ON FINAL READING .
Motion
Ayes: Council Memb ers Kol tay, Hathaway, Koza cek, Byrne,
Nay s :
Abstain:
Absent :
ca rried .
Habenicht, Clayton , Van Dyke
None
None
None
ORDINAN CE NO. 35, SERIES OF 1988, WAS ASSIGNED TO COUNCIL BILL NO . 37.
11. Ordinances, R2solutions and Motions
(a) A recomm endation from the Engin.~ring Services Department relative
to t he crea t i on of Paving District No. 33 was considered . Acting City Manager
Vargas explained that a pub lic hearing had been held previously concerning
t hi s matter . Director Ragl and, Engineering Services, stated this District
cons t i tute s the fo urth yea r of the Ten Year Program . Originally , there were
33 bl ocks proposed for the District; after considering t es timony given at the
publi c hearing on October 20 , 1988 , the Di s tri ct had been revised by postpon -
in g for one ye ar t he following:
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3800 block of South Del aware Street , I
3400 block of So uth Eme r so n Street ,
000-10 0 blocks of Wes t Kenyon Avenue, and
310 0-3200 blocks of Sou t h Shoshone St ree t,
l e av i ng 27 block for co nstruction and /or reco nstruction. Estimated costs:
ass es s able -$702,450 , City costs incl udin g contingency -S435 ,750, total
cos ts -SI , 138,200. The Engineering Ser vices Department r ecommends approval
of th e creation of the paving district.
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Engl ewood City Council Hi nutes
No vem ber 7, 1988 -Page 7
Discu ss ion ens ued concer ning bond interest rate s and the delet ion of t he 3500
through 4000 bl oc ks on So uth Bann oc k . Co un ci l Membe r Koltay expressed his
oppo s iti on to th e in clu s ion of that street.
COUNCIL BILL NO . 38 , INTRODUCfD BY COU NCIL MEMBER HATHAWA Y, WA S READ BY TITLE :
A BILL FOR AN ORD INANCE CREAT ING PAVING DISTRI CT NO . 33 IN THE CITY OF ENGLE -
WOO D, COLORADO, ORDER IN G THE CON STRUCTION AND INSTALLATION OF STREET PAVING ,
CURB AND GUTTER AND SID EWALK IMPROVEMENTS , TOGET HER WITH NECE SSAR Y HICIDEN -
TALS; PROVIDING FOR THE ISS UAN CE OF BOND S IN PA YMENT FOR SAID IMPROVEMENTS ;
AND SETTING FORTH OTHER DETAILS I N CO NNECTION WITH THE DISTRICT .
COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER KOLTAY SECONDED, ';OUHCIL BILL
NO. 38 , SERIES OF 1988.
COUN CIi. MEHu ER CLAYTON HOVED, COUNCIL MEMBER KOLTAY SECONDED, TO AMEND COUNCIL
BILL HO . 38, SERIES OF 1988 , TO REMOVE FROM PAVING DISTRICT NO. 33 AND POST-
PONE FOR ONE YEAR BANNOCK STREET SOUTH OF HIGHWAY 285, TO THE NORTH LINE OF
WEST OXFORD AVENUE (3500 THROUGH 4000 BLOCKS OF SOUTH BANNOCK STREET),
Discu ssion en sued co nce rning the sa f ety is su es , parking prob lem s, and testimo-
''} which had been pre sented by the Bannock Street property owner s.
Vot e results on t he
Ayes :
Nays:
Abs t ain :
Abse nt:
Motion defeated.
ame nd me nt to Council Bill. No. 38 :
Cou ncil Member s Ko ltay , Clayton
Council Members Hathaway , Kozacek,
Van Dy ke
None
None
Byrne , Habenicht ,
Vote results on original mo ti on to approv e Co un ci l Bill No . 38:
Ayes: Coun cil Members Ko ltay , Hathaway , Kozacek, Byrne,
Habenicht, Van Dyke
Nays: Cou ncil Memb er Clayton
Abstai n : None
Ab se nt: None
'lotion car ri ed. Counc il Member Habeni cht expre ssed for the record that co n-
sidera tion wa s to be given to those people on Bannock Street who exp re ssed
concern over curb cuts. Co uncil Member Kozacek st ated that he would be
strongly opposed to changing Bannock Street from on~-way to two-way traffic .
( b) Ac ting City Manager Varga s prese nted a recomme nd ation to ad opt a
bill for an ordi nan ce adopting the 1989 budg et. Mr . Varga s explained that two
publi c hea ri ngs on the budge t had been held previously , ex t ensive r eview of
the budget had been done by Coun ci l and as a re su lt of that review $295 ,000
had bee n i de ntifi ed and cut from the budget origi nally pro po se d . He st ated
the Ge neral Fund of the 1989 budg et was based on total revenues of
Sl 9 ,028 ,462 , Ge neral Fund expe nditures of SIB ,600,195 (2.1% reductio n from the
1988 Bud get); Public Improveme nt Fund reve nu es Sl ,448 ,000 , expenditures
SI ,24 7 ,000; Enterpri se Funds expe nditures: Water Fund S4,009,091 -Sewer Fund
SS ,590,086 -Go lf Cou r se Fund $901,3 30 ; I nt , •·na l Se r vice Funds $1,293 ,927 ; Bi-
Engl ewoo d City Coun c il Minute s
Novemb er 7, 1988 -Page 8
City Jo int Venture Fund -$7 ,3 57 ,286 ; Debt Servi ce Fun e' r evenue s $54 4 ,556 ,
ex penditures S5 47,922; Lottery Fund rev enu es SlOl ,000, expcr.ditures SI00,000 ,
COUNC IL BILL NO. 39 , IN TROD UCED BY COUNCIL MEMB ER KOZA CEK, WA S READ BY TITL E:
A BI LL FOR AN OR DIN ANC E ADOPTING THE BUDGET OF THE CIT Y OF ENGLEWO OD, COLORA -
DO, f OR THE FI SCAL YEAR 1989.
COUNCIL MEMBER KOZACEK II0\'<'0 , COUNCJI. HEHBER CLAYTON SE CONDED, PASSAGE OF
COUNCIL BILL NO. 39, SERIES OF 1~88. &efore voti ng , t here was d i scu ss ion con -
ce ·ning ce rt ain i t em" : "'·,ii }lamb er Habeni cht wi shed consid ered, i.e., equi -
tau ic ,, .,, bet.,,,e en .... 11 n, ••ati ona l pr ograms , poli ce ac cr editation, poli ce
r ese rv es, and t h,, c l o, .. ·c ,; :1 ill er Building . I t was suggested by Mayor Van
Dy ke tha t th ese ma'..t ers •:". ,, bP add ress ed in study sess ion s.
Vot e r es ul t s :
Ayes :
Nays:
Absta ;n:
Absent:
Mot i on carried.
Council Memile rs Ko lt.;y , Hathaway, Koz acek, Byrne ,
Habenicht, Clayton, Van Dyk e
None
Nnr,~
No ne
( c) Acti ng City Manag er pre ,ented a recomme ndation to adopt a bi 11 for
an ordina nce appr opriat i ng men es for i.he 1989 budget.
CO UNCIL BILL NO. 40 , INTR OD UCED BY COUNCIL MEMBER KOZACEK WAS READ BY TITLE :
A BILL FOR AN ORDI NAN CE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE
CIT Y OF ENGLEWOOD , COLORADO , IN THE FISCAL YEAR BEGINNING JANUARY 1, 1989, ANO
EN DING DECEMBER 3 1 , 1989 , CONSTITUTIN G WHAT IS TERMED THE ANNUAL APPROPRIATION
BI LL FOR THE FI SCA i. YEAR 1989 ,
COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER KOLTAY SECONDED, PASSAGE OF COUN-
CIL BILL NO . 40, SERIES OF 1988. Council Memb er Hab enicht wa s assured that
ame ndme nt s to th e spec ifi c dep artmental approp r iations are permitted at any
t i me du ring the yea r by Cou nc il Res olu t ion .
Ayes : Coun cil Memb er s Koltay , Hathaway, Kozacek, Byrne,
Hab enich t, Cla yton, Van Dyke
Nays : None
Abst ai n : None
Abs ent: None
Mo t ion carried.
( d) Act ing Ci t y Mana ge r Vargas presented a recomme ndation to adopt a
Reso l ution approving the Si x -quarter Budget for the period October 1988
t hrough Mar ch 1990 . Mr . Va rg as noted that the 1988 change s reflect an effort
to pu t t he bud ge t in order by r eallocation of fund s. A fund balanc e of ap ,
prrr x i ma tel y S7 ,L:., is esti mate d for the Public lmp r ovem 2nt Fund . Regarding
t he Slurry Seal , , ,un t , Cou ncil Member Koltay emphasiz ed t hat thi s program
sho ul d be conti nu l in an effor t to preserv e the street s , The Re sol ution wa s
ass i gn ed a numbe r and r ead by t itle :
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Engl ewood Ci ty Council Hi nute s
Nov ember 7 , I 988 -Page 9
RESO LU TION il'l. 72
SERI ES or 1988
A RE S,li UI IO N AMEND I NG THE PUBLIC IM~ROJ EM ENT FUND .
COUNCIL HEHBER CLAYTON MOVED, COUHC,L 11EHBER KOZACEK SECONDED, APPROVAL OF
RESOLUTION NO . 72, SERIES OF 1988.
Aye s : Co uncil Memb ers Kol tay, Hathaw ay, Kozacek , Byrn e,
Habenic ht, Cl ayto n, Van Dyke
Nays : None
Abs t a in : None
Ab se nt: None
Mot ion car ried .
(e) Acting City Manager Var g.;s presented a recommendation from the En -
glewood Urban Re newal Author ity ([Ul t \) to adopt a Re so lu tion approving the
i ssuanc e of add i t ional s ubt,rdinat e ·1eht. Mr . Varga s ex plained that EURA
wis hed to ask th e Englewood Retirement Board for a loan of S621,750 from pen-
sion fund s , that City Council mu st approve all new loan requests of EURA as
stipulated by previ ous agree ment; this Resolution grant s that permission. Th e
Re so lu t io n was assigned a number and read by titl e:
RESO LUTI ON tlO . 73
SERIES OF 1988
A RESO LUTI ON AUTH ORIZING THE ENGLEWOOD URBAN RENEWAL AUTHORITY TO NEGOTIATE A
LOAN WIT H THE ENGLE WO OD NONE MERGENCY EMPLOYEE RETIREMENT BOARD.
COUNCIL HEHBE R BYRNE MOVED , COUNCIL MEMBER KOLTAY SECONDED, APPROVAL OF
RESOLUTION HO . 73, SERIES OF 1988. The proposed use of funds , if loaned by
the Engl ewood Retireme nt Board, were di sc ussed. Council Mem ber Kol tay, who
serves as a mem ber of the Ret irem ent Board, explained the loan request as a
op por t unity for the employe es of th e City to invest in th ems elves for their
best i nterest ; ho wever , he di d suggest that EURA inform Council of the "bottom
doll ar " that may be needed in the future . Pending lit i gation was also dis -
cussed. Co un c i l Member Byrn e, a member of EURA , assured Council that she
woul d relay that inform ation to the other memb ers of EURA .
Aye s: Cou nc il Membe rs Ko ltay, Hathaway, Kozacek, Byrne ,
Hab eni cht, Cl ayto n, Van Dyke
Nays : None
Abs tain: None
Abse nt : None
Moti on carr i ed .
(f) Act in g City Manage r Varga s presented a rec ommendation fr om the
Wat er and Se wer Bo ard to adopt a bill for an ordinance approving Supplement
No . 113 , ann exi ng 0.5 acres t o the Southgate Sanitation Di s trict .
CO UN C 1 L 8 I LL IIO. 4 1, ItHROOUCEO BY CO UNCIL MEMBER KOZACEK, WAS READ BY TITLE :
Engl ew ood Ci ty Council Minutes
Novemb er 7, 1988 -Pag e 10
A BILL FOR AN ORD I NANCE APP ROVING THE AN~E XATI ON OF THE PROPERTY DE SC RIBED IN
SUPPLEMHIT NO. 113 TO HI E SO UTHGATE SA NIT ATION DISTRICT 'S CONNECTOR'S AGREE -
MENT WITH THE CITY OF EN GLEWO OD TO I NCLUDE AD DITIONAL LANO WITHIN THEI R DI S-
TRICT BOUNDARIES.
COUN CIL MEMBER KOi.ACEK MOVED, COUNCIL MEMBER HABENICHT SECONDED, PASSAGE OF
COUN CIL BILL NO. 41, SERIES OF 1988.
Ayes : Counc il Member s Ko ltay, Hathaw ay, Kozac ek, Byrn e,
Habe ni ch ·,, Cl ayton, Van Dyke
Na ys : None
Abst ain: None
Ab se nt: None
Moti on ca rr ied.
12. City Mana ger's Report
Mr. Va rgas d i d not have any mat t er s to bring before Co un c il.
13. City At torney's Report
Mr. Oe\litt transm itted copi es to Council as follows :
(a) Information re lati ve t o Centenni dl Acres anne xation dated April 4 ,
1962.
(b) Informat i on re l at iv e to Special Improvement Di s tricts ' time limits .
(c ) Cop i es of Notice of Intent to circulate petitions calling for two
Charter Amend ments : 1) granting authority to Career Service Board to modify
dec i sio ns of City Manag er , and 2) allowing nonemergency employees of th •;
Poli ce Depart me nt to become members of the Englewood Police Benefit Associa-
tion (EPB A) and t o be repre sented by EPBA in negotiations. Mr. DeWitt advised
Coun c il t hat th e petitions calls for a Special Election for approximately
Mar ch 24, 1989. Di scu s sion ensued .
COUNCIL MEMBER CLAYTON MOVED, COUNCIL MEMBER HABENICHT SECONDED, TO CIRECT THE
CITY ATTORNEY TO PREPARE THE NECESSARY PAPER WORK FOR A CHARTER AMENDMENT
ELECTION TO BE PLACED ON THE NEXT REGULARLY SCHEDULED MUNICIPAL I LECTION TO
ADDRESS THE ISSUE OF WHETHER OR NOT THE CAREER SERVICE BOARD MAY OR MAY NOT
MODIFY DISCIPLINARY DECISIONS OF THE CITY MANAGER.
Ayes: Cou nc il Me mbers Koltay, Hathawa y, Koz ace k, Byrne ,
Habe ni cht , Clayton, Van Dyke
fl ays : No ne
Abs tain: No ne
Absent: No ne
Motion carried .
Cou nc i l Membe r Clayton sugg es ted that s taff correspond with the Englewood
Pol ic e Bene fit Assoc iation (EPBA) relative to the issue of nonemergency em -
ploy ees being membe rs of th e EPBA. Mr . DeWitt explained that the petition
whi ch will be c i rc ul ated , if s uffici ent signatures are obtained, will result
i n an or d ina nce call in g for Cha r ter ch ange s . The ne ed for a special elect i on
fo r one or both i ss u~s was di sc us sed.
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Englewo od City Council Minute s
Novemb er 7, 1988 -Page 11
(d) Infor mation relative to Arapahoe Co unty 's attempt to acquire an
i nt er es t in Arap ah oe Wat er and Sa ni tation Di strict with intent to dis solve the
Di st ri c t an d c re at~ a county -wide utility , usi ng general fund s . Mr . DeWitt
r eco mm,,n ded t hat th e City i nterve ne in a law suit betwe en Aurora and Arap ahoe
County to ad vance the City's interes t, prot ect our wat er rights, an d prot e~t
th e Gene ral Fund co ntr ibution s of the residents and bu sine ss es of t he City of
En ql P1·•oc,d ,
COU ti C 1 L MEM BER HASEN ICHT MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO ALLOW THE
CJT Y ATT ORNEY TO ENTER INTO A LAWSUIT AS STIPULATED BY THE CITY ATTORNEY.
Ay es : Counc i 1 Member s Ko ltay, Hathaway , Kozacek, Byrne,
Hab enicht, Clayton , Van Dyke
Na ys: Non e
Absta i n : None
Absent : None
Mo io n r a,ri ed .
(e ) Mr . De Witt provided Council with an update concerning the applica-
!;N , for a Hot el /Restaurant li r ·or license at the Golf Cour se Clubhouse.
( f ) Mr . De Witt advised Counc i 1 he would not be present at the November
?I , 1988 , mee ti ng; Charle s Grimm, Assistant City Attorney, wo uld r ep resent his
offi ce th at eveni ng.
14. General Discu ssi on
(a) May or's Choice
( i ) 'layer Van Dyke announced that there would not be a quorum
pre se nt at t he r egu l ar l y sche duled meeting of De cember 5 , 1988 .
HAYOR VAN DYKE MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO RESCHEDULE THE REGU-
LAR MEETING OF DECEMBER 5, 1988, TO DECEMBER 12, 1988, TO COMMENCE AT 7:30
P.H.
Ay es :
Nay s:
Absta i n:
Absen t :
Mot ion car ri ed .
Co un cil Members Ko ltay , Hathaway , Kozacek , Byrne,
Habe nicht , Clayton, Van Dyke
None
Nnne
Non e
(bl Counc il Memb er's Choice
(i) A r esolut i on appointing Mr s . Dana Breier to the En glewood
Downto wn Deve l opme nt Authority was considered . Th e Re solution wa s assi gned a
number and rea d by titl e :
RE SO LUTI ON NO. 74
SER I ES OF 1988
A RE SOL UT IO N APPO I N1!NG A MEMBER TO A HERETOFORE UNFILLED POSITION ON THE
BO ARD OF EN GLEWOO D DOWNTOWN DEVELOPME~T AUTHORITY .
Engl ewood Ci ty Council Minutes
Nov emb e r 7, 1988 -Page 12
COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER KOZACEK SECONDED, APPROVAL OF
RESOLUTION NO . 74, SERIES OF Jg8B.
Ayes: Council Members Ko ltay, Hathaway , Koz acek, Byrne,
Nays :
Abs tain:
Abse nl:
Moti on carr i ed. Mrs.
ex pire June 30 , 1990.
Habeni cht, Clayton, Van Dyke
Non e
None
None
Drei e r 's appointment i s effective immediately and wi ll
(i i) A Reso lution appointing Gregg Birdsa ll to th e Eng l ewood Down -
tow n Dcve l op ment Au thority was conside red . The Resolution wa s as sig ned a num-
ber and read by t i tl e :
RESOLUTI ON 11 0 . 7 5
SER I ES OF 1988
I HtSOLUT I Oi l APPO INT !NG A MEM BER TO A HERETOFORE UNFI LLEO POSITION ON THE
[ OARD OF rnG LEWOOD DOWNTOWN DEVELOPMENT AUTHORITY .
LOUN CIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER KOZACEK SECONDED, APPROVAL
RESOLUTION NO. 75, SERIES OF 19BB.
Ayes : Council Me mbers Ko ltay , Hathaway, Kozacek, Byrr.
Hab e nicht, Clayton, Van Dyke
Na ys: None
Abstain : None
Abse nt : None
Motion carr i ed. Mr. Bird s all 's appointment i s effective immediately and will
ex pire Jun e 30 , 1990 .
(iii) Council Member Kozacek commented upon a ~il fety hazard at
City ll all, namely no emergency exit lights in various areas of the building.
Mayor Va n Dy ke directed Mr. Vargas to investigate the matter .
(iv ) Counc il Member Habenicht informed Council of communications
fro m Den ver Re gi onal Counci l of Governments to the Urban Systems Committ ee
con cernin g recommende d change s to the Federal Aid Urban Sy s tem Boundary Map .
Mem bers of Cou ncil will be prov ided with copies of the co mmu nications.
(v) Council Memb er Clayton inquired regarding s tatus of the policy
fr om t he Parks and Recreatio n Commission concerning free golf play. Mr . Var -
ga s advised he 11 ould chec k on the matter.
(vi) Cou ncil Member Clayton suggested some means be devised to
identify and meas ure th e quality of life in Engl ewood .
(v ii ) Co uncil Member Koltay inquired r egarding the high sc hool
area pa r king pe rmit s ign s, i ns tallation, di s tribution of permits, and enforce -
me nt o f the ne1·1 po l icy . Mr. Varga s provided that information .
(viii) Council Member Hab enicht mentioned the Volunteer Recogni-
tion pol i cy and sugg es ted it be considered soon in study session.
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Englewood City Council Minutes
November 7, 1988 -Page 13
( i x ) Cou nc il Member Habenicl ,t suggested t.hat an improvement be
made to the not ification to appointees of Counc i 1 's board and convni ss ion
appoi ntments .
15 . Ad journment
COUN CIL MEMB ER KOZACEK MOVED TO ADJOURN. The meeti ng adjourned at 10 : 17 p . m.
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City c lerk