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HomeMy WebLinkAbout1987-07-20 (Regular) Meeting Minutes//me71c/e/ /J:l f e ;/ /a7t? /~ as ,1ztr /rf,L ENGLEWOOD C !TY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Re ular Se ss i on JULY 20, 1987 Ca 11 to Ord er Th e regular meeting of th e Englewood City Coun ci l wa s ca ll ed to ord er by Mayo r Oti s at 7:32 p .m, 2 . Invoca tion Th e i nvocat ion was g i ven by Cou nc i 1 Mem ber Hi gday , 3 . Pl edge of Allegiance The Pledge of Allegiance wa s l ed by Mayor Olis . 4 . Roll Call Prese nt : Ab sent: Counc i 1 Members Hi gday, Van Dyke , Kozacek, Bi 1 o, Otis Coun c i 1 Members Vobe jda, Brad shaw A quorum wa s present. A 1 so present : 5. Mi nute s City Manag er Mccown Acting City Attorney Rei d As si stan t City Man ager Vargas Acting Director Commu nity Development Romans Pol ice Chi ef Holm es Dep uty c·1 ty Cl er k Ellis (a) COUNCIL MEMBER KCZA CEK MOVED, COUNCIL MEMBER VAN DYKE SECONDED , TO APPROVE THE MINUlES OF THE SPECIAL MEETING OF JUNE 29, 1987 . Ay es : N~ys : Ab stain : Ab se nt : Council Memb er s Hi gday , Van Dy ke, Kozacek, Bilo, Oti s Non e None Counci 1 Me mbe r s Vobejda , Brad shaw Motion carri ed , (b ) COUNCIL MEMBER KOZAC EK MOVED, COUNCIL MEMBER VAN DY~.: SECONDED , TO APPROVE TtlE MINU Tr ' OF THE REGUL AR MEETING OF JULY 6, 1987 , Englewood City Council Minu tes July 20, 1987 • Page 2 Ayes: Nays: Abstain: Absent: Council Members ll igday, Van Dyke, Ko1acek, Bile, Ot is None None Council Members Vobejda, Bradsha w Motion ca rri ed. 6. Pre -s cheduled Vis it ors a ) Mr. Ho lley Cla pp, 4500 South Sherma n Street, addressed th e is sue o f pi t bul l s. He sta ted th at he likes dog s and he admires the pit bu ll s, but he do es have a problem with irre s ponsible own ers. Mr . Cla pp not ed th at th e pit bu ll has bee n bred spec ifi cally for fight - i ng and ha s l eth al capabi liti es . He ur ge d the Coun ci l to ado pt some type of ord in ance to encourage peop l e to be r espor,sib l e or at l eas t so methin g to pro vide some compe nsa tion to a victim. Mayor Otis informed him that th e City i s working on a vicious dog or - dinanc e and the St ate i s worki ng on some thin g which, he believes, sp ecifically addresses pit bulls. Council Mem ber Kozacek s tated that he felt it should be r equ ired that an v dog that i s not co n- fined be muzzled. Mr. Clapp s tated th at 1 1 did not feel it was necessary to take some on e's "ge ntle co lli e" and put a muzzl e on i t when th ey want to walk him down th e s t ree t , but he felt there wa s good reason to pick out a particu l ar br ee d of dog bec ause of the vicious propen s itie s that hav e bee n demonstrated by it and the vast numb er of fatalitie s that hav e tak en plac e over the la s t f ew year s in the United States . b) Craig and Denise Befus, 4009 Sout h Logan, discussed the ordinance re quiring new proper ty owners t o in s tal! water meter s . Th ey felt the ordinance was very in equitabl e and di scriminatory. Mr. Be fus s tat ed he wa s very fru strated beca use the City was not fl exi bl e in their time sc hedule (to se t up an appointment with customer ser- v ice), they were not notified until over five week s from the clos - ing dat.e of May 29, 1987 which l eaves them l ess than 50 day s to in s tall the meter, and the cost involved in in sta lling the meter is more than th ey can affo r d . Membe r lligda y assured th em that they wou ld get an extension and that som eo ne from th e City would wo r k with th em at a time co nv enient for th em. Mr. Higday stated that t he Water and Se wer Board recognizes that the installation of the me ters are causing some hom eowners probl ems. He noted that th e extent to which the monetary problems are solved would have to be determined by the Utilities Departm ent. Mr . Higday noted that within 30 days after th e ordinance 1,a s passed every rea ltor in th e south metro politan area wa s notifi ed and he advi se d Mr. and Mr s. Befus that, i n his personal opinion , they had grounds for a civil court action. Mr . Befu s stated that Be v Brad shaw told him that she was under the ifl'pres s ion that t ne installation , parts, labor etc, wou l d not cost a homeown er more than S75.00. Mr. Higd ay stated that three of the Cou,.~il Members are on the Water and Sewer Board and their recomm endatio n was t hat the property owner would be responsible for th e pri ce of t he water meter and installation up to I I Englewood City Council Minute s J uly 20, 198 7 -Page 3 s omewhere around Sl50.00. Mr . Higday stated th at the decision on the cos t wa s up lo th e Water and Sew er Board . Member Van Dyk e s tat ed that she asked th e staff to put t oget her a quide l i ne for co s t s which woul d be eq uitabl e. Member Kozacek s lated that it wa s hi s under s tanding that the in s tallati on of the wat er me t ers wa s s uppose t o he li ed into the cos t of the home and se ttled at th e t ime of c l os i ng. 7. Non-schedu l ed Vi s itors The following citizens expressed th e ir con ce rn s regarding Counci l bil l s No . 30. l and 31.1: a) Ke nn e th Wa ec ht er, 31 27 West Tuft s , s tat ed that th e way th e or - dinance was wri tten l eaves him co nce rn ed as to whether he wo uld be a ll owed to park hi s motor home on private proper t y i n a resid ent ial area. Member Bi l a ass ur ed h im he would . Mr . Waechter as ked if tha t mea nt that th e 6000 l bs. vehi c l e 1 imit did not apply t o motor homes or bi g trailer s. Memb er Bila se ated that Ms . Roman s would address thi s quest ion l at e r in the me e ti ng. Mr . Wa echter aske d about t he r eq uirement of ha ving the ar ea where you park th e moto r home pave d . Mr . Bila sta t ed tha t that i s pa rt of a ri ordinan ce whi ch ha s been i n effect for quit e awhil e, bu t that there had be en added term inology . b) Me rl Doane, 1201 Wes t Radcl iff , wa s concerne d with Cou ncil Bill No . 30 . I (p age 4) number 8 . Mr . Doane qu es tioned whet her he could park hi s boat trail er and campe r (h oc ked-up) ove rnigh t in front of his hou se so that he could depart e ar l y t he next morning. Member Bila a ss ured him he cou ld . c ) Clifton P. Col ema n, 390 1 South Galapago, stated t hat he had ap - peared at the Publi c Hea ring before t he Planning an d Zo ning Comm i s- sio n wh en thi s mat t er was discu ssed. He stated that the s l ide show presented by t he Planning and Zon in g Di visi on did not have an RV i n any of them . li e re se nt ed th e fact th at hi s RV, whi ch is va1 Je d at abo ut Sl50,000, is being com pared with junk cars an d abando ned ve hicl es. Mr. Coleman s tat.~d that hi s RV is 29 feet lon g, 1s ove r 6000 lb s. and is parked en tl •e Hree t on the s ide of hi s r esi den ce 65 fe et fro m th e co r ne•. Mr . Col ema n re s po nd ed to qu e stions from t he Counci l Mem ber s. Mr.mber llig day ques tioned whe ther it would be conceivabl e to elimi - nate RV's from th e Cou nci l Bill with out destroy ing the in te nt. Coun c i l Mem ber Bilo s tat ed it w;i s possibl e to do anything with a vo te. d) Floyd Mill er, 4540 So uth Inc a, s tated he has a 9 foot camp er that se t s on concrete in hi s dr i veway and aske d if that sti ll would be all owe d. Coun c il ass ured hi m it would. Englewoo d City oc11 Minu te s J uly 20, 19 87 -1,ge 4 Cou nci l Member Kozace k questioned Ms. Roma ns abo ut th e pr ocedure to fo ll ow wh e n a re s ide nt does not hav e access to t he backya r d . Co un c i l agreed to g i ve s t af f pe r mis s io n lo wo r k wi t h reside nt s on an i n - div i dual ba s i s in or der to avoid having r es id ent s come i n fo r a va r ia nce. May or Ot is st ated th at th ey would have l o ma ke t his a "Friendl y Amendme nt. 11 e) Ralph Se l by, 30 ~2 So ut h Pe nn sy l va n ia, ex pr essed hi s con ce r n over 1 aws th at h.ve bee n on th e book s for yea r s th at are outdated and ar e no t er•f o•ceG. fi e s t at ed t he in t ent of th e Ordin ance is verv goo d , bu t enf orci ng it i s anoth e r ma t te r. Mr . Se lby s t ated t hat i.l i s a ma tte r of i nter pr e t at i on for mo st of th e res tri c ti ons. f ) Le on Dr e he r , 44 55 South Ka lama th , quest i oned whe th er he could park hi s RV and boat in hi s bac kyard in th e win te r. Co uncil did not see a pr obl em wi t h thi s. Mem ber Koz acek s t at ed that he wou l d have l o com ply with lloe r e striction of se lling th em on ceme nt, as ph alt , or br ic k pa ve r s , and Mr. Koz ace k s ta l ed hi s conc e rn s abo u t thi s . Mr. Dr ehe r s tat ed tha t hi s RV was pa r ked on a con (r ete sla b with gr ave l . Coun c il did not f eel he would have a probl em with thi s . g ) Ke n Gat es , 4235 South In ca , s ta t ed that mo st of the r es ident s in hi s bl oc k have RV 's park ed i n th eir fr ont yard beca use th ey do not hav e an all ey. He staled hi s RV is pa rked off th e s treet in h i s driveway. Coun c il ass ured him t hat was all right. h) Lynwood Rou se, 1171 We st OxforJ Plac e, not ed he al so resented hi s RV being cla ss ified the s ame as a dump tru ck, etc . He suggested that they put plates on veh i cl es to identify tho se over 6000 lbs., which are not per sonal vehicl e s , and pe rhap s a sea sonal ordinance in ord~r that the per son who fi she s, for instan ce, would be ab l e to acc e ss their vehi cle s with out f ea r of be ing ticke t ed . He f e lt th e ordinances contradicted ea ch ot!1e r and he f e lt t he y needed a 1 ittle more planning. Coun c il Member 8il o s tated he has a probl em with large vehi cle s be in~ parke d on t he s lreet fo r n i ne, t e n or e 1 e ven month s. Mr . Rouse s tated that al one tim e he ha d hi s RV in stor age an d du r ing th at time th e r e were f iv e vehi cle s br oken in t o includi ng his . His in surance comp any didLacce pt hi s claim and i t co s t hi m S2000 t o repair the vanda 1 ism . M1·r Coun c il Member Bil o s t ated tha t it wa s hard to put an ordinan ce of this nature tog e th er in ord e r for en force ment agenci e s t o do th e ir job . Mr . Bilo s tated Coun c il wa s not trying to create hardships for anyone, they wer e ju s t trying t ,, protect an d pres e rve the homes and the reside ntial are as . i) Don R. Thoms en, 4801 South Ela t i , st al ed th at he ha ~ a sn ap-on to ol truck that he dr i ves to wo r k e ve r y day, ex ce pt t~,e we e kend, comi n, I I Englewood City Council Minutes July 20, 1987 -Page 5 home ab out 5:30 t o 6 :00 at ni ght and leave s a~ou t 7 :30 in th e morn - i ng . Ms. Roman s f elt that thi s could be work ed out as thi s wa s his sol e source of i ncome and transport at io n . j) Ro bi n Dillon , 4145 So uth Lipan , s t at ed th ey ha ve a drivewa y i n t he fr ont of the hou se but th er e is no access to the back of th e house. She st at ed t hat t hey ha ve a ut il ity t r ail er and wanted t o kn ow wh er e it co ul d be park ed . Th e Co un c il informe d her that it could not be pa r ke( on th e s t r ee t , but cou ld be pa r ked in the driv eway . k) Cha rl i P Gly n, 3097 West Chena ngo, s tat ed that he paid assessment s t o pav e t he s tree t which he fe el s g iv es him a right to park i n th e s t reet. Mr . Gl yn al so not ed th at he paid sa l es tax to the City of Eng 1 ewood when he purcha sed his RV. He did not und erstand how th e City c.1uld prohib i t parki ng on t he s treet of a vehicle that i s dul y li ce nse,, in s ur ed , and pro pe rl y op erat ed. 8. Corrrnuni cations and Procl amat i ,)n S No co mmunication s or proclamation s wer e r ece iv ed . 9. Con sent Ag enda Cou nc i l Member Kozacek r equested that I tern s 9 { e) and 9 { f) be pull ed fr om th e Consent Agenda . COUNCIL MEMBER HIGDAY MOVED, COUN CIL MEMBER BILO SECONDED, TO APPROVE CON SE NT AGENDA ITEMS 9 {a) THROUGH { d) . {a) Minutes of th e Engle wo od Housing Autho r ity me e tings of April 29 and May 27, 1987. {b) Minut es of the Liquo r Li censing Authority meeting s of June 3 and J une 17, I 98 7. {c ) Minute s of th e Boar d of Ad justment and App eals meeting of Jun e 10 , 19~7. (d ) Minute s of t h~ ~lannin g and Zoning Commi ss ion meeting of Jun e 16 , 1987. Ayes: Nays : Ab s t a in : Ab sent : Coun c il None None Council Mot ion carried . Memb ers Hig day, Van Dyke, Kozacek, Bila, Oti s Me mb er s Vob ej da , Br ad shaw ( e ) A motion made by Cou ncil Member Koza cek, seconded by Coun c il Member Van Dyke to pull Section 16 .4 -16 , Fl ood Plain Di strict and all def - initi ons pertaining t o th e Flood Plain in Section 16 .8 from Council Bi ll No . 30 .1 wa s withdr awn. Eng lewood City Council Hi nut es July 20, 1987 -Page 6 COU NCIL BILL NO. 30 . I , IN TROD UCED BY COU NC IL MEM BER BILO, WA S READ BY TITLE : AN ORDINANCE AMENDIN G TITL E 16 OF THE ENGLEWOOD MUNICIPAL CODE (COM PR EIIEli SIVE ZONING ORC.INANCE), SE CTIONS 16 .4, ZONE DI STRI CTS; SECTION 16 .4-1, RES TRI CTIONS; SE CTION 16.4-16, FLOOD PLA ltl DIS - TR I CT; SECTION 16.5, GENERAL REG UL ATION; 16.7 -4, VI OLA TION AND PEN- ALTY; ANO SECTION 16.8, DEFINITION S. COU NCIL MEMe ~R BILD MOVED, COU NCI L MEMBER HIGDAY SEC ONDED, PASSAGE OF COUN CIL BILL NO. 30 .1. Di sc uss ion ensued. Ms. Romans r esp ond ed to que st ions from Coun c il . Counci l Member Hi gda y stated th at th e Co un ci l Bill represen ts co n- s i derab l e wor k, st aff lime, etc . He sugge sted that th ey approve it, review all th e complain t s whi ch have be en re ce ived an d then ame nd it. F~llowing ada mant discu ssi on the vote re sulted as follows : Ay es : Nay s: Abstain: Abs ent: Council Memb ers Hi gda y, Van Dyke , Bile, Otis Co un ci l Membe r Ko zace k None Co un c il Members Vob ejda, Brad sh aw Motion ca r ried . Coun c il Bill No . 30.1 i s hereby as sig ned Ordinan ce No.JO, Serie s of 1987. ( f) CO UNCIL BILL NO . 31.1, IMTRODU CED BY COUNC IL MEMBER BILO, WAS READ BY TITLE : AN ORDINANCE AMENDING TITLE 6, CHAPTER 3 , AND CHAPTER JC, SECTIONS I ,\ND 2, ENGLEWOOD MUN IC I PAL CODE 1985, RELATING TO HOBBY -TYPE AND DER EU CT VEHICLE S. CO UNCIL MEMBER BILD MOVED, COUN CIL MEMBER HIGDAY srr ~rmED, PASSAGE OF COUNCIL BILL NO . 31.1 Co un ci l Memb er Kozacek st ated he wou ld oppos e this unle ss the Co un - c il Bill wa s amended to allow re sident s to deal directly with the staff inste ad of fi l ing a var iance and going through the Board of Adjustme nts and Appeal s. Cou ncil dec ided to change Sec tion 2, Item C to read : "Any person or party, with prop erty which ha s no adequate access to the rear y ard or who ha s no garage, may appeal to staff . Those se eking a variance or ot her hea ring before the Eng l ewood Board of Adjustment and App ea l s i n an y matt er relating to this section shall not be required to pay any f ee to the City for sai d proced ure." I I Englewood Ci t y Council Minutes Jul y 20, 1987 -Page 7 Cou nc i 1 Member Kozacek sta t ed that he would vote for thi s Counc i 1 Bill , but he want ed to amend it at a later lime in ord er to se pa- rate Ho bby Type from Dere li ct Vehi cl es. Fo ll owi ng di scuss ion th e vote re sulted as f oll ows: Ay es: Nays : Abstain : Ab sent: Co un cil Member s Hi gday, Van Dyk e, Ko zacek, Bilo, Oli s Non e Non e Coun c i 1 Members Vobejda , Brad shaw Motion carried . Di sc uss ion ens ued con ce rning th e poss ibl e nee d t o r ep ubli sh thi s b i l l i f ame nded in thi s fashion. CO UNCIL MEMBER BILO MOVED, COUNCIL MEMBER VAN DYKE SECONDED , TO RECO NSIDER COUNCIL BILL NO. 3 1.1 Ayes : Nay s: Abstain: Abs ent: Counc i 1 Membe rs Hi gday, Van Dyke , Kozacek, Bi 1 o, Oli s Non e None Counc i 1 Mem ber s Vobejda, Brad shaw Motion ca rri ed. COUNCIL MEM BER BILO MOVED, CO UNCIL MEMBER HIGDAY SECONDED , PA SS AGE OF COUNCIL BILL NO . 31. I AS OR I GI NALL Y PUBLISHED WITH NO AMENDMENTS. Co un cil Mem ber Ko zacek stat ed that he would be voting again st it beca use of the sec tion wh ich doe s not allow our administration to make the vari ances . Ay es: Nay s : Abstain: Absent : Council Members Higday, Van Dyk e, Bilo , Otis Counci 1 Mem ber Kozacek None Counc i 1 Memb er s Vobe jda, Brad shaw Motion carried. Coun ci l Bill No. 31.1 i s hereby assigned Ordinance No . 31, Series of 1987 . IO . Public Hea1•ing No publ ic hearing wa s sc hedul ed . II. Ordinances, Res olutions and Motions (g) COUNC IL MEMBER BILO MOVED, COUNCI L MEM BER VAN DYK E SECONDED , TO CALL FORWARD IIEM II (G). Englewood City Council Minutes July 20 , 1987 • Page 8 Ay es : Nay s: Ab sta in: Absent: Co uncil Member Hi gday, Van Dyk e, Ko zacek, Silo, Otis None None Co un c i 1 Mem bers Vobejda, Brads haw Motion carried. Don Ma za nec, of Mer cer, Mei dinge r & llan so n, pres en ted th e r ec omm en - dation frcm the Englewood Pen s i on Board whi ch wou ld bring t he cur - rent pensio n plan docu ment i nto a mor e logicall y co nstruct ed and comp r ehe nsibl e instrument, and lo make oth er min or improvement s lo the plan with out unduly increas ing th e plan's actuarially unfund ed 1 i abi 1 i ty. CO UN CIL BILL NO. 41, IN TRODUCED BY MAYOR OTI S, WA S READ BY TITLE : AN ORDINANCE REPEALING CHAPTER 6 (CHAPTERS 6A THROUGH GE) OF TITLE 3, ENGLEWOOD MUN I C I PAL CODE 1985, CONCERN ING RETIREMENT PROGRAM FOR NONEMERGENCY EMPLOYEE S, ANO REENACTING A NEW CHAPTER 6 OF TITLE 3, ENGLEWOOD MUNICIPAL CODE 19 85, ENTITLED "CITY OF EN GLEWOOD NONEMER - GENCY EMPLOYEES RET I REMENT PLAN ANO TRU ST AS RES TATED EFFECTIVE JANUARY l , 1987." MAYOR OTIS MOVED , COUNCIL MEMBER KOZACEK SECONDED, PAS SAGE OF COUN - CIL BILL NO . 41. Ayes: Nays: Ab stain : Ab se nt: Council Member Higd ay, Van Oyk ~, Kozacek, Bil a , Ol i s Non e None Co un c i 1 Member s Vobejda , Brad shaw Motion carried. COUNCIL MEMBER HIGDAY MOVED , COUNCI L MEMBER BILO SECONDED, TO RE - SC IND ENGLEWOOD MUNICIPAL CODE 85, TITL E 3, CHAPTERS 6A THROU GH 6E IN ITS ENTIRETY . Ayes : Nays: Abs tain : Ab se nt : Council Member Hig day , Van Dyk e, Kozacek, Bila, Otis None None Co un cil Members Vobcjda, Brad shaw Mot ion carr i ed. (a) Pol ice Ch i ef Holm es presented a recommendation to adopt an or- dina nce that would change the limit on Court Co st s. COU NCIL BILL NO. 37, INT ROD UCED BY COUNC I L MEMBER HIGDAY , WAS READ BY TITL E: AN ORD IN ANCE AMENDING TI TLE l, CHAPTER 7, SEC TION 5, TITLED "COU RT COS TS," ENGLEWOOD MUNICIPAL CODE, 1985. I I Englewood City Council Minutes July 20, 1987 -Page 9 COUNC IL MEMBER H IG DAY MOVED, COUNCIL MEMBER BI LO SECO NDED , PAS SAGE OF CO UN CIL BILL NO. 37 . Aye s : Nays; Abstain: Abser.t: Council Members II i gday, Van Dyke, Koza cek, Bi l o, Otis None None Co un cil Memb ers Vobejda, Brads haw Motion carried. (b) Pol ice Chief Holme s presented th e r ecommendati on th at would provide oth er alternatives to the court other than fine s , jail or suspended fi nes. COUNC I l BI LL NO. 38, IN TRODUCED BY COUNCIL MEMB ER KOZACEK, WA S READ BY TIT LE : AN ORDINAN CE AMENDING TITLE I , CHAPTER 7A, ENGLEWOOD MUNICIPAL CODE OF 1985, BY REPEALING AND REENACT IN G SEC TION 14 THEREOF RELATING TO IMPOSITION OF SENTENCE AND BY ADDIN G A NEW SECTION 15 ENTITLED "AL - TERNA TIVES IN SENTENCING." COU NCIL MEMBER KDZACEK MOVED , COUNCIL MEMBER BI LO SECONDED, PAS SAGE OF COUNCIL Bill NO . 38. Ayes: Nay s: Abstain: Absent: Council Membe rs Higday, Van Dyke, Kozacek, Bilo , Otis None Non e Council Mem ber s Vobejua , Brad shaw Mot ion carried. (c) Po l ice Chi ef Holme s presented the recommendation to adopt an or- dinance r equiring the use of sea t belts, consi stent with the new Co lorado statute . COUNC IL Bill NO . 39, INT RODUCED BY COUNCIL MEMBER BILD , WA S READ BY TITLE: AN ORD I NANCE AMENDING TITLE 11, CHAPTER I, SECT ION 10 , ENGLEWOOD MUNICIPAL CODE OF 19 85, ENTITLED "PENALT IES," BY RENUMBERING THAT SECTION TO READ TITLE II , CHAPTER I, SECTION 20; AND BY ADDING A NEW SECTION IO RELATING TO SAFETY BELT SYSTEM S • MANDATOR Y USE - CHILD RESTRAINT SYSTEMS -EXEMPT I ONS. COUNf. IL MEMBER BI LO MOVED, COUNC IL MEMBER H IGDA Y SECONDED, PAS SAGE OF COUNCIL BILL NO. 39. Council Memb er Koza eek stated that he was in opposition to the seat belt law and he would be voting against it. Englewood City Council Hi nutes July 20 , 1987 -Page 10 Ayes: Nays: Abs ta in: Absent: Cou nci l Memb er s Higd ay, Van Dyke, Si lo, Otis Cou nc i 1 Member Kozacek None Counci 1 Members Vobejda, Bradshaw Mot ion carried. (cl) RES OLUTION ND. 21, SER I ES Of 1987 INTRODU CED BY MA YOR OTIS, WAS READ BY TITLE: AN RESOLUTION ALLOWING FOR A NEGOTIATED CONTRACT FOR THE SL URRY SEA L PROGRAM 1987 IN STEAD OF THE COMPETITI VE BID PROCESS UND ER SEC- T I ON 116 ( b) OF HIE HOME RULE CHARTER AND THE ENGLEWOOD MUN I C I PAL CODE 1985, SEC TI ON 4-1-3, AND AWARDING A NEGO TIATED CONTRACT FOR TIIIS PROGRAM FOR MAINTENANCE OF Tiff ENGL EWO OD STREE T SYSTE M. MA YOR OTIS MOVED, COUNC IL MEMBER VAN DYKE SECONDED, TO AP PROV E RESO LUTI ON NO . 21. Discu ss ion ensued . Ay es : Nay s: Abs t ain: Ab se nt : Coun c il Mem bers Higday, Van Dyke, Kozacek, Silo, Oti s Non e None Counci 1 Member s Vobejda, Brad shaw Motion carried. (e) City Manag er Mcco wn presented Re so lution No . 22. RESOL UT ION NO . 22, SERIES OF 1987 INTRODUCED BY COUNCIL MEMBER VAN DYKE , WA S READ BY TITLE : A RESOLUTION SUP PORTING AND AUTHORIZING AN APPLICATION TO THE PUBLIC UTILITIES COMMISSION, JOINTLY WITH CITY OF SHERIDAN AND STATE DEPART MENT OF HIGHWAYS, DIVI SIO N Of HIGHWAYS, OF THE STATE OF COL ORA DO, FOR AUTHORITY TO TEMPORA RILY RELOCATE THE ATCHISON , TOPE - KA AND SAN TA Ff RAILWAY COMPANY 'S TRACK AND FACILITIES ONTO THE DENVER AND RIO GRANDE WESTERN RA! LROAD COMPANY'S RIGHT -OF -WAY BETWEEN BELLEVIEW AVENUE AND YALE AVENUE THROUGH THE CITIES OF LIT - TL ETO N, ENGLEWOOD AND SHERIDAN , COL ORADO. CO UNCIL MEMBER VAN DY KE MOV ED, MAYOR OTIS SECONDED, TO APP ROVE RE SO L UT ION NO . 22. Di scussion ensu ed. Council Member Koza ce k r e- quested that th ey send a note to th e Rai lroad s stating that th e intersec tion recently completed ha s a bad dip and it is haza rdous. Ayes: Nays: Abs tain: Abs ent : Council Members Higday , Van Dyke, Kozacek, Silo, Otis None None Counci 1 Members Vobejda, Bradshaw Mot ion carried. I I Englewood City Council Minutes July 20, 1987 -Page 11 (f) Mr. McCown presented Co un cil Bill No . 40. CO UNCIL BILL NO . 40 , INTRO DUCED BY COU NCIL MEM BER KOZACEK, WA S READ BY TITLE : AN ORD IN ANCE APPROVING A CONTRACT BETWEEN TIIE CITY (1F ENGLEWOOD AND STATE DEP ART MENT OF HIGHWAY S, DIVISION OF HIGHWAYS , FOR UPGRADIN G HIGHWAY /RAILROAD GRADE CROSSING PROTECTIO N UNDER FEDERAL SECTION 203 PROGRAM AT QUINCY ANO THE ATCIII SON TOPEKA & SANT A FE ANO DENVER & RI O GRANDE WESTERN RAILROADS. COUNCIL MEMBER KOZAC EK MOVED, COUNC IL MEMBER 11 1 GOAY SECONDED, PAS- SAGE OF COUNC IL BILL NO. 40 . Ayes: Nay s : Abstain: Ab sent : Council Memb ers Hi gday, Van Dyke , Kozacek, Bil e , Olis None None Cou ncil Memb er s Vobejda, Bradshaw Mot i on carried. 12 . City Manager 's Report Mr . Mccow n responded to a qu es tion regarding two ve hicle s driven by City Emp l oyees with·· plate number s 147 and 15 0. He sta ted that the cars wer e pur - chased on a used ba sis se veral years ago for the Paving Di stricts. The cost of those cars as well as all of the necessary equipment to keep them going i s charged to the Paving District. He al so noted that those are temporary peopl e driving them. 13. City Attorney's Report Ms. Reid did not have any matt er s t o bring befo r e Council. 14 . General Discussion (a) Ma yor's Choice (b) Ma y or Otis did not ha ve any matters to bring before Council. Co un c il Memb er's Choice COUNCIL MEMBER HIGOAY MOVED, COUNC IL MEMBER BILD SECONDED, TO AP- POINT CLYDE WIGGINS TO THE PARK S ANO RECREATION COMMISSION TO FILL A VA CAN CY EFFECTIVE IMMEDIATELY ANO EXP IRING FEBRUARY I, 1990. Ay es: Nays: Ab stain: Ab sent: Council Members Higday, Van Dyke, Kozacek, Bila, Otis None None Cou ncil Members Vobe jda, Brad shaw Motion carried. Englewood City Council Min utes July 20, 1987 -Page 12 Co un c il Member Koiacek asked t hat Ms. Romans wor k on Co un cil Bill No. 31. I to amend it to allow her Staff to go in and work with th e re s idents individuall y, so that they would av oid ap plying for a varia nce. He as ked th at there be an amendm e nt l o it at th e next Counc il meeting . City Mana ger McCown sta t ed that perhap s thq shoul d wail until the Ordinances were in effe c t before they bring back an y amendm ents. Mr. Koiacek asked that Staff expedite in any way pos s ible the park - ing l ot for Meadow Gold and the li ghts. /YI ne. Mr . Mccown s ~atep that the th ere are .-s,.;cx, l ighl s that have lo be in s talled in'tha{'pa rking l ot~ three of which be lon g lo th e City. The City requested the l ighls three lo four week s ago. Public Ser- vice ha s requested a se parate agreement with Meadow Gold to cove r the future e l ectrical cost s. The City is still wailing to gel the d€ed back and for Meadow Gold lo consummate the agreement with Public Serv ic e . Council Memb er lli gday asked the City Attorney's offi ce (at their earlie s t co nv enience) to prov ide th e Co uncil with a li s t of all of the court cases in which the City is involved, the Attorn ey assig - ned to ea ch case, and how much time and money we have s pe nt on eac h court case to dat e. 15. Adjournm ent CO UN CIL MEMBER III GOAV MOVED TO ADJOURN. Th e meeting adjourned at 10:00 p.m. I