HomeMy WebLinkAbout1988-12-19 (Regular) Meeting MinutesI
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I. Ca 11 t o Ord er
ENGLEWOOD C !TY COUNCIL
ENGLEUOOD, ARAPAHOE COUNTY, COLORADO
Re ul ar Sess ion
December 19, 1988
Th e regula r meetin g of the Engl ewo r.d City Co un ci l wa s call ee to orde r by M.~~r
Van Dyke at 7 :30 p.m.
2. Invocation
Th e invocation was given by Counc i 1 Memb er Ko ltay .
3. Pledge of Alleg i anc e
The Pledge of All eg iance wa s l ed by Ma yor Van Dyke .
4 . r!oll Call
Present: Counc i 1 Members Hathaway , Ko ltay, Koz ac ek, Byrne ,
Hab eni cht , Clayton , Van Dyke
Ab se nt : None
A quorum was present.
Al so pres ent :
5. Hinute s
Acting City Manag er Vargas
City Attorney De Witt
City Cl erk Crow
Assistant Di rector Roma ns, Co mm unity Devel opme nt
Di rec tor Wanu sh, Community De ve 1 opment
Th ere were no minu te s submit t ed fo• approval .
6 . Pre-s cheduled Vi sitor s
(a) Dorothy Roman s , Ass i stan\. Director of Comm unity Deve lo pment, and
Steve Neyer, Cha i rman of Park s and Re c re at ion Comm i ssio n, presented award s to
the wi nn ers of t he 1988 Holiday Lighting Com pet ition as follow s:
Old Englewood Holiday Categ ory
Cathy, Jim and Joel Burrage, 4301 S•Juth Bannock Street, 2nd Pl ace
Mr . and Mr s . Donald W. Ez ell , 3163 Wes t Union Av enu e , 1s t Place
Engl~1.ood City Council Hinutes
December 19, 1988 • Pa ge 2
Tr aditional Rel i ious Cate or
Mr. and Mrs. William~-Neyer , 4312 South Jason Street, 3rd Pla ce
Mr. and Mr s. Dwi!Jht . atham, 297 1 Scut h Emer son Street, 2nd Pla ce
Lynette Warren , 3821 South Galapago Street , 1s t Place
Art is tic/Bes t Lighting Category
Jim and Bonnie Brown , 3201 South Cherokee Stree t, 3rd Place
Mr. and Mr s. Thom Berube , 4301 South Elati Street, 2nd Plac e
Jason Hagon, 324 7 We st P iml i co Avenue , I s t Pl ace
Congratulations were extended to the winners . Ms. Romans and Mr . Ney er were
thanked for their efforts, as were th e numerous judges and co ntributors.
(b) Jim Vigi l wa s not present as sc heduled. Council Member Hatha way
advised that she had spoken to Mr . Vi gi l about his concerns with par ::in g prob -
l ems on t he east side of 3700 South Inca Street.
7 . Hon-scheduled Vis i tors
There were no non-scheduled vis it ors.
8. Co11111unicat ions and Pr oclamat i ons
There were no Communications or Proc lam ations for consideration .
9 . Con se nt Agenda
COUNCIL HEHDER KOZACEK HOVED, COUNCIL HEHBER CLAYTON SECONDED, TO ACCEPT CON·
SENT AGENDA ITEHS 9 (a) THROUGH ( c) :
(a)
(b)
(c)
Minutes of the Board of Adjustment and Appea l s m~eti ng of November
II , 1988.
Minutes of the Pa rks and Recreation Commission meeting of Nov ember
10 , 1988
Minutes of the Planning and Zoning Co mmis s ion meeting of Decemb er
13 , 1988.
Ayes:
Nay s :
Absta i n:
Counci l Memb ers Koltay , Hat hawa y,
Ha ~e ni cht, Clayton, Van Dyke
None
None
Koza ce k, ByrnL,
Motion
Absent:
carried.
None
10. Public Hear i ng
No pub li c hear i ng wa s scheduled.
11. Ordi na nces, Re soluti ons and Motions
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(nglewood City Council Minutes
Oecembar 19, 1988 -Page 3
(a) Acting City Manager Varga s presented a recommendation from th e
Library Advi sory Board to adopt a Bill for an Ordinance approving an agreem ent
between the City of Englewood and the Central Colorado Library Syst em. Mr.
Varga s explained this was an annual agreement which se ts the parameters under
which the citizens of Eng l ewood ca n borrow material s from other library di s •
tricts and those districts can in turn borrow ma teria l s from '.he Englewood
library . There is a fee formula for these tran sactions ; it i ~ estimated that
the City will receive $15 ,000+ during 1~89.
COUNC 1 L Bl LL NO. 49 , IN fRODUCED BY COUNCIL MEMBER HABENl CHT, WAS READ BY
T lTLE :
A BILL FOR AN ORDINANC[ APPROVING RENEWAL AGREEMENT BETWEEN THE CITY OF ENGLE -
WOOD AND CENTRAL COLORADO LIBRARY SY STE M FOR PARTICIPATION IN THE CENTRAL
COLORADO LIBRARY SYSTEM PUBLIC LIBRA RY RECIPROCAL BORROWING PROGRAM.
COUNCIL HEH8ER HABENICHT HOVEO, COUNC I L HEHBER BYRNE SECONDED, COUNCIL BILL
NO. 49, SERIES OF 1988.
Ayes :
Nay s:
Abstain :
Absent:
Motion carried.
Council Member s Koltay, Hathaway,
Habenicht , Clayton, Van Dyke
None
None
None
Kozacek , Byrn e ,
(b) A recommendation from the Planning and Zoning Commi ss ion to adopt a
Reso 1 ut ion approving the Planned Deve 1 opment for Swedish Medi ca 1 Center for
dev elopment of property bounded by Eas t Girard Avenue, East Hampden Avenue ,
South lrygan Street, and South Ogden St r eet was considered. Director Wanush
was available to answer questions . Discussion ensu ed as to pro per procedure.
COUNCIL HEHBER CLAYTON HOVEO, COUNCIL HEHBER HATHAWA Y SECONDED, TO TABLE AGEN-
DA ITEH ll(b) -A RESOLUTION ADOPTING THE FINDINGS, CONCLUSION ANO DECISION OF
THF. CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, REGARDING THE ~LANNEO
DEVELOPMENT BY SWEDISH MEDICAL CENTER OVER THE NEXT FIVE YEARS.
Mot ion
Aye s : Council Members Koltay, Hatha way, Kozacek , Byrne ,
Nays:
Abstain :
Absent :
carried.
Habenicht, Clayton, Van Dyke
None
None
None
COUNCIL HEHBER KOZACEK HOVEO, COUNCIL HEHBER BYRNE SECONDED, TO SET JANUARY
16, 1989, AT 7:30 P.H. AS THE DATE AND TIHE FOR A PUBLIC HEARING TO CONSIDER
THE PLANNED DEVELOPMENT FOR SWEDISH MEDICAL CENTER.
Ayes: Counc i 1 Member~ Ko ltay , Hathaway , Kozacek, Byrne,
Habeni cht, Clayton, Van Dyke
Nays : None
Abstain : None
Absent: None
Moti on carried .
Englewood City Council Hinutes
December 19, 1988 • Page 4
(c) A recommendation from the Planning and Zo nin , Commission to adopt a
Bi l I for an Oi·dinance approving the vac ation of the right-of-way for 375 feet
loca l ed in the alley in the 3400 block be tween South Logan and South Pennsyl -
va nia was considered.
CO UN CIL BILL NO . 50, INTRODUCED 8\' CO UN CIL MEMBER HAT HAWAY . WAS READ BY TITLE:
A BILL FOR AN ORDINANCE VA CATING THE RIGHT-OF-WAY FOR THE NORTH 375 FEET OF
THE ALLEY LO CATED BETWEEN SO UTH LOGAN AND SOUTH PENN SY LVANIA I N THE 3400
BLOCK, CITY OF ENGLEWOOD, CO UNTY OF ARAPAHOE, STATE OF COLORADO.
COUNCIL MEMBER HATHAWAY HOVED, COUNCIL MEMBER CLAYTON SECONDED, COUNCIL BILL
NO. 50, SERIES OF 1988.
Mayor Van Dyke explained that it is a procedural matter to consider and ap -
prove Council Bills of this nature on first reading. which will provide Coun-
c i 1 the opportunity to exp 1 ore the i ss ues pri oi· to tl·e pub 1 ic hearing set for
J anuary 16, 1989, at which time the Council Bills ~•n be considered on final
readi ng.
Co un cil Member Hab en i cht staled she wou ld be voting in oppo s ition at this time
due to lack of publi c input and other concerns.
Council Mem ber Hathawa y s uggested that the representative s of Swedis h Medical
Ce nter could be excused s in ce t heir presentation will be made at t he publi c
hearing , Janua r y 16 , 1989 .
Vote results :
Mot ion
Center
to the
Ayes : Council Members Koltay , Hathaway, Kozacek, Byrne ,
Clayton, Van Dyke
Nays : Council Me mber Haben ic ht
Abstain : None
Absent : None
carried . Mayor Van Dyke i nvited representatives of Swedish Medical
to return on the 16th of January, 1989, to present information relative
Planned Deve 1 op ment.
( d) A recommendation from the Planning and Zo ning Commission to adopt a
Bill for an Ordinance approving the vacation of the right -of -way for 366.10
feet located in the 3400 block of So uth Penn sy l vania was considered.
COUNCIL BILL NO . 51 , INTRODUCED BY COUNCIL MEMBER CLAYTON, WAS READ BY TITLE:
A BILL FOR AN ORDINANCE VACATING THt RIGHT-OF-WP.'/ FOR THE SOUTH 366.10 FEET OF
THE 3400 BLOCK OF SOUTH PENN SYL VANIA STREET IN THE CITY OF ENGLEWOOD, COUNTY
OF ARAPAHOE, STATE OF COLORADO.
COUNCIL MEMBER CLAYTON HOVED, COUNCIL HEHBER KOLTAY SECONDED, COUNCIL BILL NO .
51, SERIES OF 1988 .
Counci l Member Kozacek ex plain ed he would vote "Yes" on first reading, but
will be giving it se riou s cons id erat ion before it s final reading.
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Englewood City Council Minutes
December 19, 1988 -Page 5
Council Member Hathaway concurred, and ex pre ssed a concern set forth by the
Air Pollution Control Division, State Health Department, i.e ., that increased
traffic on Pennsylvania Street in front of the Dunn residence might create an
,1ir quality probl em. As there were s till rep re se ntatives of Swedi sh present ,
they were ad vis ed to addr ess thi s question during the public hearing. Council
Memb er Habenicht stated she was concerned about th e impact on Logan Street as
a result of th e in -an ~-out traffic from the parking garage. This co ncern will
also be addres se d at the public hear in g.
Vote results:
Aye s:
Mays:
Abstain :
Absent :
Motion carried.
Counc i 1 Member s Ko ltay, Hath awa y, Kozacek, Byrne,
Clayton, Van Dyke
Counc i 1 Memb er Habenicht
None
None
{e) Acting City Manager Vargas present ed a re commendation from the
Finance Department to adopt a Reso 1 ut ion which would amend the I 988 General
Fund Budget and the Self Insurance Fund. Mr . Vargas reported that it appears
that our expenditures for 1988 will be approximately S600 ,000 less than bud -
geted . He explained the two amendments being recommended: Section 2 of the
Resolution deals with a lease purchase for a fire pumper, and in ord er to meet
accounting procedures it is necessary to acknowledge receipt and expenditure
during the year in which they are made ; therefore, $180,000 lease proceed s
will offset the SIS0,000 purchase expenditure. Se ction I of the Resolution
transfers Sl68,0~0 from the General Fund Budget to the Se lf In surance Fund to
cover the deficit experienced in that fund. The Re sol ution wa s assigned a
number an d read by tit 1 e :
RESOLUTION NO. 92 , SERI ES OF 1988
A RESOLUTION AMEND ING THE 1988 GENERAL FUND ANO THE 1988 SELF INSURANCE FUND .
COUNCIL HEHBER KOZACEK HOVED, COUNCIL HEHBER HABENICHT SECONDED, APPROVAL OF
RESOLUTIO~ NO. 92, SERIES OF 1988.
Ayes : Counc i 1 Members Ko ltay , Hathaw ay, Kozacek, Byrne,
Habenicht , Cl ay ton , Van Dyke
Nays : None
Ab stain : None
Absent: None
Motion carried .
{f) A Resolution concerning the 1989 General Fund tran s ferring 522,900
from the General Fund Balance to the City Council Budget wa s assigned a number
and read by title :
RESOLUTION NO . 93, SERIES OF 1988
A RESOLUTION AMENDING THE 1989 GENERAL FUND.
Engl ewoo ~ City Council Hi nutes
December 19, 19e8 -Page 6
COUNCIL HEMBER KOZACEK HOVED, COUNCIL HEHBER HATHAWAY SECONDED, APPROVAL OF
RESOLUTION NO. 93, SERIES OF 1988.
Ayes: Council Memb er s Ko ltay, Hathaway, Kozacek, llab eni cht ,
Clayto n , Van Dyke
Nay s: Council Member Byrne
Ab stain: Non e
Ab se nt : None
Motion carr i ed .
(g) A ,·,elution appointing Joseph W. Esch as Associate Muni cipa l Jud ge
was discussed . •ere wa s some question as to wheth er Mr . Esch wi shed to con-
tinue in thi s capacity.
COUNCIL HEHBER HATHAWAY HOVED, COUNCIL HEHBER KOZACEK SECONDED, TO TABLE AGEN-
DA ITEM ll(g).
Aye s: Council Members Koltay , Hath away ,
Habeni cht , Clayton , Van Dyk e
Koza cek, Byr ne ,
Nays : None
Ab st ain: None
Absent : None
Motion carried .
(h) A Re sol ution appointing John W. Smith III as Associate Munici-~l
Judg e wa s assigned a number and read by title:
RES OLUTION NO . 94 , SER IE S OF '988
A RESOLUTION APPOINTING JOHN W. SMITH I I I AS ASSOCIATE MUNICIPAL JUDGE FOR A
FOUR -YEAR TERM.
COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER CLAYTON SECONDED, APPROVAL OF
RESOLUTION NO. 94, SERIES OF 1988.
Aye s : Council Memb ers Ko 1 tay, Hathawa y, Kozacek , Byrne,
Habeni cht , Clayton, Van Dyke
Nay s: None
Ab stai n : None
Absent : None
Moti on carried.
(i) A Reso l ution app oi nting Haydn Swearingen as As soc iate Municipal
Judge wa s assigned a numb er and read by title:
RESO LUTION NO . 95, SER IE S OF 1988
A RESOLUTION APPOINTING HAYDN SWEARINGEN AS ASSO CIATE MUNICIPAL JUDGE FOR A
FOUR-YEAR TERM .
COUNCIL MEMBER HATHAWAY MOVED , COUNCIL HEHBER CLAYTON SECONDED, APPROVAL OF
RESOLUTION NO. 95, SERIES OF 1988 .
Aye s: Col'nc i 1 Members Ko ltay , Hathaway, Kozacek , Byr ne ,
Hab enicht , Clayto n , Van Dyke
Nays : Non e
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Englewood City Council Hi nutes
December 19, 1988 -Page 7
Abstain: None
Ab sent: None
Motion ca rried.
(j) A Resolution appoi nting Thoma s J . Bur ns as As so ciate Municipal
Judg e was assi gned a number and read by title:
RES OLUTION NO . 96 , SERIES OF 1988
A RESOLUTION APPOINTING THOMAS J. BUR NS AS ASSOCIATE MUNICIPAL JUDGE FOR A
FOUR-YEAR TERM.
COUNCIL HEMBER HATHAWAY MOVED, COUNCIL MEMBER CLAYTON SECOHDEL APPROVAL OF
RESOLUTION NO. 96, SERIE S OF 1988.
Ayes : Co un ci l Me mbers Ko ltay, Hathaway , Kozacek , Byrne,
Habenicht , Clayton, Van Dyke
Nays : None
Abstain : None
Ab sent: Non e
Motion carried.
12. City Manager's Repor t
Mr . Varga s did no t have any matters to bring before Co unci l .
13. City Attorney 's Re port
Mr . DeWitt transmitted t hree items to City Cou nc il for their review:
I. Nation 's Cities Weekly article entitled "How will cities r espo nd
and how can EPA ease funding short fa 11 s?"
2. Muni ci pal News arti cle en t itled "Accou nting Rules Irk Auditors "
regarding Governmental Acco unt ing Standards Board ( GAS B) propo sed
ru l es.
3 . Information regard i ng rules and criteria of conduc t of hearings as
co ndu cted by Councils (Soon Yee Scott v. City of Englewood).
14. General Discussion
(a) Mayor 's Choice
(i) Mayor Van Dyke propo se d a Re so lution recommending the appoint -
ment of Council Member Clayton to the Energy Environm ental and Natural
Resource Policy Committee of the National League of Cities. She explained
that the City of Englewood does not currently have a representative on thi s
committee and that it would bo.hoove the City to become more actively i nvolved
in order to communicate its .po sition and concerns . She sta ted that Mr . Clay-
t on has a keen interest in serving the City in thi s capacity . The Resolution
'I/as assigned a numb er and read by title:
RESOL UTION NO . 97 , SERIES OF 1988
Englewood Ci ty Council Hi nutes
December 19, 1988 -Page 8
A RESOLU TION RECOMMEND I NG THE APPOINTMENl OF COUN CILMAN WILLIAM A CLAYTON JR.
TO THE ENERGY EN VIR ON MEIHAL ANO NATURAL RESOURCE POLICY COMM ITT EE OF THE NA -
TION AL LEAGUE OF CITIES.
HAYOR VAN DYKE HOVED, COUNCIL HEHBER KOZACEK SECOND, APPROVAL OF RESOLUTION
NO . 97, SERIES OF 1988.
Counci l Memb er Clayton thanked Mayor Van Dyke for offering the Re s olution . He
inform ed Council that he had spoken to the EPA at NLC 's Congres s of Cities in
Boston rec entl y. He felt it was possibl e th at progre s s may be mad e relative
to the Su perF un d s ite at Lowry Lan df ill . He had advi se d Ken Bueche, Director
of Colorado Municipal League of hi s intere s t in serving on t his NL C Policy
Committee. He stated it would be helpful if Lit t l eton, joint owner of the Bi -
City Wa stewat er Treatment Pl ant, wo uld al so s pon sor his nom i nation. He ad -
vised Council of the finan c ial burden associated with thi s appointment, stat -
ing it would mean his mandatory attendance at various meetings through the
year in ad dition to the reg ul ar NLC me eti ngs. Mr. Clayton assured Counc i 1 he
planned to devote co nsiderable time and effort on behalf of the City if ap -
point ed . Mayor Van Dyke stated she felt t he expe nse would be justified .
Vote results:
Ayes : Council Members Ko ltay, Ha t h away , Kozacek, Byrne,
Habenicht , Clayto n, Van Dyke
Na ys : None
Abs t ain : None
Ab se nt: None
Moti on carried .
(b) Council Memb er 's Choice
(i} A Res olution establishing salaries for th e City At t orney and
hi s assistants wa s ass i gned a numb er and read by title.
RESOLUTION NO . 98, SERIES OF 1988
A RESOLUTION ES.TABLISHING ANNUAL SALARY FOR THE CITY ATTORNEY ANO HIS ASSIS -
TANTS FO R THE CAL END AR YEAR 1989 .
COUNCIL HEHBER KOZACEK MOVED, COUNC I L HEH8ER CLAYTON SECONDED , APPR OV AL OF
RESOLUTI ON NO . 98, SERIES OF 1988 WITH THE DELETION OF A SP ECIFIC SALARY FOR
THE CITY ATTORNEY .
The salaries wer e clarified as follow s :
Assist ant City Atto r ney (Pro sec ut or)
Paraleg al
Co nfidential Secreta ry
Vot e r e su lt s :
S35, 500
S32, 200
$24,500
Ayes : Co uncil Member s Kol tay, Hathaway, Kozacek , Byr ne ,
Habeni cht , Clayton , Van Dyke
Nays: None
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Englewood City Cou ncil Minutes
December 19, 1988 -Pag e 9
Ab stain : None
Ab se nt: Non e
Motion ca rried .
(ii) The Re solution establi shing annual salaries for Muni c ipal
Court Judge and Ass ociate Judges was ass igned a number an d read ~y title:
RESOLUTION NO. 99 , SER I ES OF 1988
A RESOLUTION i:S TABLISHING ANNU AL SALARIES FOR THE MUNICIPAL COURT JUDGE AND
ASS OC IATE JUDGE S FOR THE CALENDAR YEAR 1989 .
COUNCIL HEHBER HATHAWAY HOVED, COUNCIL HEMBER KOZACEK SECONDED, APPROVAL OF
RESOLUTION NO. 99, SERIES 1988, TO INCLUDE AN ANNUAL SALARY OF $53 ,950 FOR THE
HUNICIPAL COURT JUDGE AND DAILY SALARY OF $250 FOR ASSOCIATE JUDGES; THE
RESOLUTION TO INCLUDE A STATEMENT THAT THESE SALARIES ARE SUBJECT TO REVIEW
WITHIN SIX MONTHS.
Aye s:
Nays :
Abstain :
Ab sent :
Motion carried.
Counc i 1 Members Ko ltay , Hathaway,
Haben icht, Clayton, Van Dy ke
None
None
None
Kozacek, Byrn e,
(iii) Counc i 1 Mem ber Kozac ek t hanked tho se in attenda nce and in-
vited t hem to return .
(iv) Council tlem ber Koltay extended thanks to other Co un ci l Mem -
bers and the City admi ni strat ion for the opportuni ty of working with them
during 1988 , and he wi shed eac h and everyone a very Merry Christmas .
15 . Adjournment
COUNCIL MEMBER KOZACEK MOVED TO ADJOURN. The me uting adjourned at 8 :14 p.m .
City Clerk