HomeMy WebLinkAbout1997-03-03 (Regular) Meeting Minutes•
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD. AUP.l80K COUNTY, COl.ORADO .,._..,_
11-'l,1"1 It
I. Call to Order
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The rogular meeting of lhc Engla,ood City u,u,cil -called IO order by Mayor B111111 II 7:42 p.m.
2. tn...tloa
Tiic invocation was given by Ccuncil Manbcr W,ujns.
J. Pied&< or AllciJ111«
Tbc Pledge of Allcginncc was led by Mayw 8llll15.
4. RoUCan
Abs,:nt:
A quorum wu prcse11L
Council lldlcmbm Clapp . Wiggins. "•benlchL Vormi,•g. Waggoner.
Bums
None
Also present: City M.....-Clallt
City ~ Broaman
City Cl<rlt Ellis
Dira:sor Elllcrly. Public Works
!Clerk's nore: The DistriC1 I Council sell is•:aantduc to th:: ,=II of Council Member Hathaway by a
majorily of !he vote at the January IJ. 1997 R.=aJI Eledion .J
S. Minutes
(a) COUNCIL MEMBER WlGGINS MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE llGlllAll MEETING OF FEBRUARY 18, 1!197.
Ayes : CouDC'l l!,,lombe!-s Vorminag. Wiggins. HabenichL Wa~oncr. Clnpp.
Bums
Nays: None
Mo1i on c:mied ,
6. Scheduled Visitor,
T11cre were no scheduled visi1ors.
7. Non-scheduled Vi si tor,
T.tcrc were no non-scheduled visi1or1 .
111 ..... ood City Council
Marth J, 1997
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8. II
(a) COUNCIL MEMBER IIAl!IN\~ MOVED, AND IT WAS SECONDED, TO
ACCEPT WITH REGRET DONNELL CURLIY'S LETl'ER o, RESIGNATION noM THE
ENGLEWOOD CULTURAL ARTS COMMISSION.
Ayes : Council Memben Vonninas. Wiggins, Habenicb~ w._. Capp.
Bums
Nays : None
Motion carried . 1
(b) COUNCIL MEMBER VORMllTAG MOVED, AND IT WAS Si;CONDfJI, TO
ACCEPT WITH REGRET STEVE MULHERN'S LETTER OF RESIG:oiA TION ROM THE
ErlGLEWOOD HOUSING AUTI!'ORITY.
Ayes : Council Members Vonnill:!8, Wiggins, Habcnich~ Waggoacr, Clapp.
Bums
Nays : None
Motion carried.
Mayor Bums 51:!lcd lhal Mr. Mulhern was an c.,ccllcn1 member and,.,, wish "'C could lm-c t.,pl him. but
wilh his job ii was just nol possible.
Council Member Vorn1i11ag nolcd Uc,1 lhey miss him on 1he Urban Renewal Au1hori1y also, Iba! be was
very good.
9. Public Hcartn1
No public hearing was scheduled before Council .
MAYOR BURNS REMOVED AGENDA ITEM 10 (a) (vi) FROM THE CONSENT AGENDA.
COUNCIL MEMBER VO RM ITT AC MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS JO (•l (i), (ii), (i ii ), (Iv) and (v) ON FIRST READING.
(a) Approve on First Rc.iding
(i) COUN CIL BILL NO. 16 , INTRODUCED BY COUNCIL MEMBER
VORMITTAG
A BILL FOR AN ORDINANCE AMENDING TITLES, OF TilE ENGLEWOOD MUNICIPAL CODE
l9 8S WlTil THE ADDITION OF A NEW CHAmR 19. ENTITLED DIRE CT SELLING LICENSES
AND ITINERANT VENDORS LI CENSE S AND WHICH REMOVES DIRE CT SELI.ERS AND
ITINERANT VENDORS FROM ORDIN ANCE NO . 25 . SERJES OF 1996 AND COUNC IL BILL NO .
11 . SERJES OF 1997. WHICH PERTAINS TO THE MORATORJUM OF LI CENSES IN TiiE CITY OF
ENGLEWOOD, COLORADO .
(ii) COUNC IL BILL NO. IS . INTRODUCED BY COUNCIL MEMBER
VORMITTAG
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lqlewootl("lcyC-'
Marc~ J, 1917
Papl
A Bill. FOR AN 0. JDIANCE AMENDING Tl1U! I, CHAPTER 8, BY THE CREATION OF TWO
NEW SECTIONS 7 AHO I, 0, nm ENGLEWOOD MUNICIPAL CODI! 1915, Rl!QUIJUNG
AFPJDA VIT Of OOl!H1' Ft& WRITE-IN CANDIDATES AND ALLOWING CITY COUNCll., BY
Rl!SOLUTION, TO CAJIIO!L .AM l!l.'.EcnoN II' ntl!RB ARI! NOT MORE CANDIDA TES TI{AN
OPPICES TO BE FlLU!D AT SUCH aECTIOK. '
(Iii) <XJlllllCIL BD..L NO. IS, llm!.ODUCED BY COUNCIL MEMBER ,
VORMrITAG
A BILL FOR AN ORDINANa A\ll1lORIZING AN EASEMENT AGREEMENT FOR mE CITY
RIGIIT-OF-WA YON 1llE OTY DITCH THROUGH TI{E PROPl!rtTY AT 835 WEST QUINCY
AVENUE .
(iv) COll!NCIL BILL NO. 17, INTRODUCED BY COUNCIL MEMBER
VORMrrrAG
A BILL FOR AN ORDINANCE AlITHORIZING AN OIL AND GAS LEASE BETWEEN TilE
LITI1.ETON/ENOLEWOOO WASTEWATER TREAThlEJlrl' PLANT AND J. MICHAEL McOHEE .
(v) ~Bill.NO. 10. INTRODUCED BY COUNCIL MEMBER
VORMrrrAG
A BILL FOR AN ORDINANCE APPROVING 1llE PuRCHASE OF A PAIH ... .cL OF I.AND. A
PERMANENT EASEMENT AND TWO TEMPORARY EASEMENTS LOCATED ALONG WEST
OXFORD A VENUE BY TTIE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE
CONSTRUCTION OF ST ATE.HI GHWAY 85 (NATCHES COURT o'RONTAGE ROAD).
Vole results:
Motion carried.
considered .
Ayes: Council Members Vormina g. Wi ggit s, ffabcnicht . Waggoner. Clopp ,
Bums
Nays: None
(vi) A res.:fl ution csiablish ing the annual s.11:ary Ii r the Ciry Man.igci was
The resolution was assigned a nmmbcr ;ind re.i d by tirle :
RESOLUTION NO. J&. SERIES O F 1997
A RESOLUTION ESiABL ISfll:NG 1llE ANNUAL SALARY FOR TuE CITY MANAGER.
COUNCIL MEMBER '1'ACCONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM JO (a) (,i) -Jr£SOLUTION NO . 38, SERIES OF 1997.
Ay~:. Counci l Members Vonn itr :'lg, Wigz in s Ha be nicht . Wa ggoner , 8 11rts
~:ays: Coun ci l Member Clo pp
Motio n carried .
CO UNCIL MEMBER WAGGONER MOVED , AND IT WAS SECONDED , TO APPROVE
CONSENT AGENDA rrl:MS It (b) (i) and (ii) ON SECOND READING .
!a ...... ood City Couacll
Mardi 3, lffl .. .,.
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(b) ApplO'IC oa ~ RC11din9 1r,
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(I) ORDINANO!N0.13,Sl!RIESOF 1,')'7,(COUNCILBIU.NQ.11,
INTRODUCED BY COUNCIL MEMBER WAGGONER)
AN ORDINANCE EXTE1'!!)"'!G 1111! TEt,tl'OIWl'I\ SUSPENSION OR MORATORIUN ON
CERTAIN MISCELLANEOUS RUSINESS LICENSES FOR AN ADDmONAL PERJODOf FOUR
MONTIIS.
(ii) ORDINANCE N9. 14, SERIES OF 19?7 /COUNCIL Bill. NO. 13 ,
INTRODUCED BY COUNCIL MEMBER VORMITI AG)
l.:-1 ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION I, SUBSECTION D. Of 1llE
ENGLEWOOD MUNlCIPAL CODE 1985.
Vole resullJI
Motion carried.
Ayes : Council Members Vormilla1, Wiuins. Habcaicht, w....,.,, Clapp,
Bums
Nays: None
II . Ordinuces,JlcsollltJwu ■nd Motion,
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(a) Approve on First Reading
(i) Director Este,iy proscntcd a recommendation from the Dqmtm,cm of Publie
Wori<s to adopt a bill for an ordinance forming a Concrete Utility , and rccommcnding the scning of a
publ ic hc:lrill£ to n,ccive citizen input on April 7, 1997 . He Slated tliat it mnains the ,apansibility of
every propeny owner to mninlain the concrete curbs. guncrs and sidewalks that an: adjac=t 10 their
properties. Mr. Esterly C.'J)laincd that the City leis historicilly been responsible for c,-.,.,,.. concrete
alleys and alley entrances . He advised tlc11 the Concrete Utility will provide a concrcie rq:llccmcnt
savings plnn and a payment plan lhnl is relatively convenient for the propcny owners IO-. using the
waler system billing. A portion of the fees for concrete on comer properties would be e:a:mp1cd and tl1is
ordinance plnccs that cxcmp1ion at 70%.
Cow1cil Member Waggoner asked ir thal c.'l:cmption is for the side street only . Director Esaerly sw.cd that
it is just .,.or the side strcct on comer propcnics .
Council Member Habenicht asked if the City will share in the cost of the concrete in fro m af the home or
is ii just if tl1cy ase part of the ulilily then ii is a savings plan . Director Esauly noted bo ~•little confu.<cd
as that sounds like 1wo different qu csti ous . Ms . Habenicht s.'Ud then answer the firs1. one. .;u the City be
p:-i~~ng for p.irt of the maintcn.,ncc of tl1c concre te iu front of the rcsidenc.c.. Mr. E5tcrly SZIIICd lhc City
would continue 10 p:-iy for maintenance or the concrete on curb rc1ums. would continue main&ain aod
rcp l:-icc or pro"idc in tl:c first pl:1 0::. lwndicappcd ran,ps at comers , would continue to =umtain alley
cntranrcs 1h:it arc concrc1e :-i nd woul d continue 10 rep ,ir, repl ace :md inst311 concrete C'QU. pall$. which
arc drnin:-i gc structures go in g across from one comer M anol11cr.
Council Me mber Habenicht 35kcd if there is any sh.ired cost belt .:en the City 3nd the: psopert)' O\\T.Cr on
rcs;Ucntial sidewa lk s. Director Esterly advised that the shared cost would only be for c:m:ma' propcrucs .
Cou ncil Member \V3ggoner added tlml i1 1s on ly on the side street. Ms. H:1 bc ni ch t s:vd tbcn this isn't a
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......... CllyOiaacll
.._.J,lffl .. ,
... .... Mr. l!ac,l)'~ lltal ii lsllt.alllll IOlllc CXICIIC lhllllll Ci.I)' ponlon oll~ lllllwill
......,.lellelml.b!,-h«a-.lPund_,
The ClilJClcrt""' ukcd !O ,ad O,,,n,;11 Bill ~io. 14 by llllc :
A ',J, d tj: I W. 1 l
COQNCIILIIIU .NOi J4. IH1llODUCEDBYC<',U!ll<;ILMl!MBER VOIU!f11TAG
A BJU. Rlll. AN ORDINANCE CREAlflNG A CONCRETE IJl'll.ITY AND ENTERPRJSE FUND FOR
1llE CJIY OF ENGLEWOOD. COLORADO . THE PURPOSE OF OOS ORDINANCE IS TO
PRarECT 1llE PUBLIC IIEALlll. SAFETY AND WELFARE AND TO COMPLY WITH ALL
APPUCABLE FEDERAL AND ST A TE LAWS WHICH REGULATE THE CONCRETE l!TILITY BY
CREATING IN TITI.E 12, A NEW CHAPTER 8 • CONCRETE UTILITY AND CONCRETE tmLITY
ENTllJ'IUSE FUND .
COIDl'C1L MEMBER VORMIITAG MOVED,•AND 11'W ~S SECONDED, TO APPROVE
AGDIDA ITEM 11 (1) (I)· COUNCIL BILL NO. 14 • ON FIRST READING.
ColUlcil Member Wiggins said he wanled them lo be awan: lhal 12·8•7A shows ii is 70% of1he local ma
of aiaaae along the secondary frontages. rather than !he previously discussed 50¾.
Coaaill Nombcl' Waggoner n:mindcd Council lhol we finished th', concrete district.<, per sc . We IIU1CII
0111 IIMDI ,ass ago and we ""re asked 31 lhc time lo come up ·,,ith an alternative source of funding . He
Slalaf-Ibis dfon with lllisconmte utility is a '"8111 olall those discussions in trying to co1no up wilb
a r...-ic way to lilnd COIICltle re,;,laccment within the City of En3lcwood .
• M.,y0< Bums pointed out Ow it dr..es lla\·e a fc,uure where you can opt out and yon can op< back in wider
~~circumstances at a lalCi time.
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Councill Member Habcnicbl 11.aled that she will vote no on ll1is because, ever since they bavc been
dilcalsiDg tbe coacretc i-. she ha• supponcd lhal there be some son of shared funding °'"" the
IIWlllltmalla: ol concrete by both the City and lhc propcny owner. Ms . Habenicht opined Ilia, this docs not
quisc F far eoough . She commented 11,at she thinks ll1is isjUSI a dilfercnl fundins meclianism . that it is a
"'Olldaful funding mechanism as far ns it goes. b111 1ha1 she thinks tlLat people in the co mmunity who
were baking to sec something differcnl were lookin g for more or a shared thing. 1han jus1 a dirTercn1 way
ofliudng.
Council Member Waggoner said he would have lo address 1ha1. He opined llial ifll,ey remembered the
charts .Mr. Esl crl y showed the m. i>c1wccn the cost of the Cit y shared fun cti on and what would come in
from,lk Concn:tc U1ili1 y, llia 111011 was about n 50/50 splil. He asked Dircclor Eslerly iflliat was not true .
Mr. Esluiy s;ud if tl,ey include l11c continuing fundi ng level for lhc handicapped ramp. ocw rcplacemcnl ,
whic:bl is a iittlc difTcrcnl fro m mai nlcn.,nce. Coun cil MC"mbc r Waggoner s.1id 1h.1t is true . Mr. Es1erly
noted! • was about even .
Cor.mdl Member Clnpp stared she would nlso have 10 vo le no on this. for b.1s ica ll y tl1c s.,mc reaso ns that
Council Member Hnbeni chl b.,s just ,.,pressed .
Vou,nsulu:
Ay es : Council Members Vonnitta g. Wiggins, Waggoner. Bur.ts
Nnys : Council Members Hnbenicht , Clapp
. Mori<■ .earned.
!■&lewoad City CINHIC:11
Mardi l, 1'97
P1ct6
Council Member Waaonet que,doMd wllelller c...-..... Ill die ,.,UC IINrlaa. Clly Aaomey
Brotzman advised thal 11111 does nol ..quire I p,Mlc---., .,. .. ii 11M .,_ n,quclllll Ima Nllic
Worb 10 do 10.
COUNCIL MEMBER WAGGONER MOVED, AN"J ff WAS Sl!CONDI.D, TO Sl!T A PUBLIC
HEARING ON THE CONCllrl'E UffLrrY, COm."C-U.m.L 1'10. I◄, PO ■ APRIL 7, 1''7 AT
7:J0P.M.
Ayes: Council Members v......., W,gglas, Hallealcbt, W1.-,, Olapp.
Bums
Nays: Na<,c
Motioncanicd.
(b) Approve on Second Reading
(1) Mayor Bums ,111ed 1haa he will allllain Inn voling oa Couacil Bill No. l2,on ,
Second Rending. just ns he did dlo,fjnc lime.~ ii......,. ... Housing Aulborily. .f
The ordinance was usigncd • number ond rad by lilJo:
ORDINANCE NO. IS . SERIES OF 1997 (COUNCR. Bil.I. NO. 12. INTRODUCED BY COUNCIL
MEMBER WIGGINS)
AN ORDINANCE APPROVINO AND AU'lllOIUZING THE EXECU11ON OF
INrERGOVERNMENTAL SUBORAN"IEl AGRl!EMEN'TS FOR 1HE 1997 ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT ~•LOCK GRANT PROGRAM BETWEEN TIIE ARAPAHOE BOARD •
OF cxr 'ITV COMMISSIONERS AND TIIE QTY OF ENGLEWOOD.
COl!-ICIL MEMBER WAGGONEk MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (b) (I) -COUNCIL BILL NO. 12, OIi SECOND READING.
Ayes: Council Members v..-g. Wiggins, Hallenich~ Waggoocr. Clapp
Nnys : None
Abstain: Mayor Burns
Molion cnrricd.
12. General Discussion
(a) Mayo(s Choice
I. Mayor Bums said he just w.1n1cd 10 n:ntiod .,.~..,. lh:lt thcn: is• Ncigloborhood Walch
mccling lomorrow nighl 01 lhc l\lialky Ccn1cr. He encoa:,gcd C\'cryonc in the Neighborhood Waleb
Progrnm 10 aucnd.
2. Mayor Bums ad,iscd tls11 he ,.;11 be oucndi ng R'lD 's "Guide lhc Ride " kick off progra m on
Timrsdny down at 1hc Convc111ion Ccn1cr. Al ong M1h ~ he nolcd.. there is a bill moving tJuough the
Legislature, Scn,11e Bill 55, to h.1vc a public \'Ole on the i.ac:reasc ofR1n's tax by 0.4 percen t.
J. Mayor Bums stn ted 1ha1 he h.,s been asked 10 :nd Counc il of the Citizen of the Yc:1r and
Town Meeting Celcbrntion thal we hold every year. usmay ID May. He s.1i d they arc encouraging
everyone 10 suggest peo ple they might have in mind for c:madid::J.tcs for Citizen of the Yc.1r for 1997 . He
asked th:it they plc.,sc let the Ci l/ know if they ha\"e pcopk: in mmd. M:1yo r Bums commented thm we •
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balewoMOC,Ca11IICII
Mll'tll l, 19'7 ... ,
haw al~ rocoanlud grc.11 people u CitiD!III or the Year and we m looking rorwud to 1h11 lpia tbll )'lilt. j , • -irr·~ 1111 )
(1>) Council Membc~s Choice I ,
(1) Council Member Clapp sai d she wanted lo follow up wilh the complaint she
recc'>ed II Uie meeting al All Souls. She staled she has no1 heard anylhlng back rrom City Manager
Clark )'Cl .,.J was wondering when she might hear something on lhal.
City Manager Clwk advised that tllC)' arc doinJ an internal invcstig.1tion and he has IIOI r=iYcd the
results from lhal yet. 1
(ii) COUNCIL MEMBER WAGGONER MOVID,ANO IT-WAS
SECONDED, THAT COUNCIL GO INTO EXECUTIVE SESSION IMMEDIATEL\'
FOLLOWING THE RJ;;GULAR CITY COUNCIL MEETING TO DISCUSS SEVERAL REAL
ESTATE TRANSACTIONS.
Ayes : Council Members Vonniuog. Wiggins. Habenich~ Waggoner. Clapp .
Bums
Nays : None
Motion carried.
(iii) Council Member Habenicht complimented Slaff on all of the hard ,.,,rte they did
pulling togttlier the firsl Tent Meeting. She commented lhal ii was unfonunale lhal ii was DOI a vc,y
good weather night. bul Chai in spite oflhe weather ii was marginally well aucnded. Ms. Habenicht Slated
lha1 a IOI or people pul a IOI or lime nud elron into ii and those people who came enjoyed it. She pointed
out lha1 maybe the acoustics weren't the greatest for the discussion meetings and a rcw people indic:lled
1ha1 they didn 't reali ze tl1cy were going on. that perhaps we should have announced them better. Ms.
Habenicht noted 1hat other than 1ha1 she was impressed with the displnys. She tl1011gh1 cver)t>ody was
rctlly c.xcitcd looking at the South Bro.1dway pl rin . which received a lot of attention. She opined we will
ha,·c a loc of discussio n abr.~t arch es com ing up . She said she thought it was a good effort and hoJ:""fuUy
11 the next one pr.c,pl e will take advanl:lgc or the meeting and come in a grea ter number. because she said
she thinks ii "ill work.
Ma)'or Bums advised lh.1t he fully inlcndcd 10 :lll cnd th.11 mccling, but lh11t he he:trd the set up was good
and the :utcndancc was not as good as we might have cxpcc!cd. He noted thnt he w:1s at a Housing
Authori ty meeting lhat ni ght that lnslcd so lat e he wns unable 10 mak e Lhc Tent Talk and he was ve ry
disoppoi ntcd .
(iv) Couucil Member Vonninag s.1id that he wanled lo piggy b.ick on what Coun cil
Member Hnbcnichl had said , He noted he was 1herc and he thought staff did an exce llent job provi ding
inform.1ti on. He commcn1cd lh.it the l:i )OUI ,v:1s re.illy nice and lhe lcms were bc.,utiful. He asked that
Ci~· Manager Clark let Jerrell Bln ck know th:11. Mr . Vormi!!::g slat ed they did a good job .
13. City Man:1~cr 's Rc11ort
City Man nge r Clark did no t have :my man crs 10 bring before Co uncil.
(Clerk 's nole : Agcnd.1 Item 13 (a) was a rcc0111 mend:11ion lo so into Executive Session im mediat ely
foll c"ing th e regular City Counci l 111cc1ing 10 di s-:uss lwo real cs1a1c transa cti ons . 1l1is item was
l■atewoM Qty C:.acll
M1rcb J, 1"7 , .. ,
lb ,uo: (liJ hoo.-.1 nl
,t If.
lddreaed by Couacll Member w.,,,,_. -■dcr C.oancil ~mben' Choice. See pap: 7, Ap:nda Item 12
(b)(ii).J
I~. CltJ Ananey•, Report
City Auomcy Brouman did not luM-, -10 brina bdoR Council .
15. Adjo,lr■i■eat
COUNCIL MEMBER WIGGINS IIIO\'D TO ADJOURN . The meeting adjourned at 7:59 p.m.
@g,,,4 d fll
ityCent
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