The URL can be used to link to this page

Home My WebLink About1995-05-15 (Regular) Meeting MinutesI I ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHO[ COUNTY, COLORADO Rc111lar Scuioa May 15, 1995 I. Call to Order The regular meeting or the Englewood City Counci l was called to order by Mayor Bums al 7:30 p.m. 2. 1a,·oc1tion The im'OCation was gi\'cn by Counc il Membe r Wiggins . 3. Pied,:< of All<giance The Pledge or Allegiance ""' led by Mayor Bums . 4. Roll Call Present: Absent A quorum ""-as prcscn L Council Members Hathaway. Waldman. Wiggins. Vorminag. Waggoner. Bums Council Member Habenicht Mayor Bums staled that Cooncil Member Habenich1 is anending an RTD work session and will join the meetin g la 1cr. 5, A-linules Also pn:sent City Manager Clark City Allomcy BrolZman Ci ty Clerk Ems Planning Administrator Stitt • Director Bl ack. Recreation Sciviccs Engincc.ring r-..tanagcr Kahm Director Grygl<1';cz. Financial Services (a) COUNCIL l\f[I\IB[R WIGGINS MOVED. AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF I\IAV I, 1995. Mot.ion carried. N11ys . Absent: 6. Scheduled Visitors Counc il Members Hathaway. Vonn illag. Wiggins. Waggoner, Waldman . Burns None Council Me mbe r Habenicht (a) JclJ He ighlS . 3570 South Downing Strocl . a member or lhc Englewood Junior Chamber or Commcroc . advised Cou nci l or the services u,e organi1.a1ion could olJcr the City or Englewood . He related that the ory,ani1..ation would like to help in such ai-:as as house painting. the adopt-a-park and adopt-a-strccl programs. Recreation Cen ter acti\•il ics and anywhere they can be of se rvice . E■skwoocl Clly Council May 15, 1995 Pase l Mayor Bums thanked Mr. Heighu and Ilk. Junior Chamber oC Commerce and S1lllcd lhal . as a fonncr J.C .. he appn:cia1cs all lhey do. 7. Non-,chcdulcd Vi1iton (a) Dave Pascal . 51 Englewood Parkway. expressed his sup port for the Troll ey Squa re rcdcvclopmcnl and applauded King Soopcrs for their \\i llingncss to in\'cst in lhc community, (b) Jim Sullivan r,portcd on the progress or n:dcvelopmenl nego1 ia 1ions for Troll ey Square . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO BRING FORWARD AGENDA ITEM II (a) (ii). Ayes : Council Members Hathaway. Vo nniuag. Wi ggins. Wa ggo ner. Waldman . Bums Nays · None Absent : Counci l Member Habeni cht Motion carried. 11 (a) (ii) Planning Administra1 or Stitt presented a recommendation rrom the Dcpartmen1 or Community Dc\'Clopcncnl 10 adopt a n:solution apprO\i ng the proposed Trolley Square Planned Dc'\'clopmcnt. He related that City staff discussed six issues in recent weeks al meetings \\ith lhc applicant . Planning and 1.oning Commission members and rcprcsc111a1ivcs from the Englewood Do\\-nto\\'D Dc\•elopmenl Authori ty. Those items include lhc mid-block Broadway right-in . right-out access: design or the Broadway wall : lhc development potential and development or lhc pad site on the oorthcasl comer or lhc prope rty: additional landscaping in the parking lot : the signage or th r. ent ire dc,·clopmcnt : and the ligh ti ng on the si lc . Mr. Stin ad,iscd 1h.11 the mid-block right-in. right-out access was agreed lo by all parti es. The condition was imposed. however. lhat lhc City Publi c Works SlalT\\ill assist in the design of the is land in the mid - block access and Iha ! the sidewalk treatment will continue through the area to achie\'e ointinuily . He related that the issue with the "-all concerns maintaining an urban ch.1rnctcr in do\\11t o\\11 while providing visi bilit y for the King Soopc:rs dc\·clopmcnt. All parties in\'ol\'cd in the meetings agree that a wall no higher than th ree feet. six inches can be built . "ilh columns on either end that can be no taller than nine foct. six inches . An adwtional column \\i ll be added so th at there will be three col umns on each scgmcnl or wall . If the height of the wall ultimat ely has to be lowered to enhance \'i si bilit y. the heigh! of the co lumns \\i ll al so be dropped propo rt ionmely. Mr. Stitt st.1 1cd th.it lhc pad located on the northeast comer of lhc site will not be shown on the pl.,n. since it s design wi ll be tcnanHlri\'cn. The applicant has agreed to brin g th.It back as an amendment 10 th e Planned De\'e lopmcnt when a tenan t is signed . He said 1ha1 conditions were not imposed on the parking lot landscaping because 1hc original Pl an ned Dc\'e lopmcnt filed in the l 9W's for this location co mpli es \\ith Cil y landsca ping requirements . It is the opin ion or staff and all but one Planning and Zoning Commi ssio n member that additional landsca ping is no t necessary. Mr. Stitt also rclalcd 1ha1 lherc will be thrccjoinl identifi ca ti on signs at lhc loca ti on. 111c size and type of these signs \\ill be in compliance "i lh c:odc . I I I I lallewOCNI Oty Couacll May 15, 19'5 PaceJ Site lighting. he said, will be in compliance ,.;th Zoning Ordinance regulations . Thsrc is a maximum height of twenty-five feet for the lights. The applicant wishes to inc=sc lighting for safety purposes, causing concern lhal the lighting will spill OUI onto Broadway . Mr. Still said lhal this will be mo :i torcd . Council Member Waggoner poinled 001 that the access point on Broadway ,.;11 have no negative impdct on 1mJTic, according 10 a me.monllldum from Doug Clark . He also mentioned the EDDA members that were involved in the meetings woultJ like to have seen more parking lot landscaping included in I.he plan . Mr . Waggoner said that he is disappointod, also, at the lack of parking lot landscaping. Counci l Member Wiggins asltod for confirmation that ve hicles nonhbound on Broadway ,.;u not bl. allowod 10 tum left into the puking lot Mr. Still confirmed the statement, staling that the design of the access will significantJy discourage left turns, Responding 10 Ma)>r Bums. Mr . Still staled that two existi ng entrances vn Floyd Avenue and Englc..ood Parkway v.i ll be retained. The access on the nonhc:t ~ rom-.:r of the si te will be closed. however. because ora rigt.t tum lane th.11 ~ill be added a t sometime m the fururc on Fl oyd A\'cnuc. Council Member Waggoner inq ui red about a lane on the nonh side of Englewood Parkway from Acoma all the way to Broadway indicucd in one of the conditions. Mr. Sun explai ned lh.'lt it v.iU be an C).1.ra 1um l•nc in the C\·cnt that the shops on that side of Englewood Parkway arc dcmolish::d . This \\i ll pro,i dc n=ssibility for additioMI bus traflk Rcspo,lding to Council Member . :mil t?.&, Mr Still confimlod that development of the pad site on the nonhcast corner ,.;11 also be required 10 go through the public hc:.ring pro.css \\ilh Planni ng and Zoning :md "ill be an amendment to this Planned Development. 1nc resolutio n was assigned a number and read by till c: RESO LUTION NO . 39. SERIES OF l 99 5 A RESOLUTION APPROVING lllE DILLON COMPANIES (KING SOOPERS) PLANNED DEVELOPMENT FOR 1liE REDEVELOPMENT OF TROLLEY SQUARE WHICH IS LOCATED IN 1liE 3300 BLOCK OF SOUTH BROADWAY IN 1liE CITY OF ENCLEWOOD. COLORADO . COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVt; A<)ENDA ITEM 11 (a) (i i)· RESOLUTION NO. 39, SERIES OF 1'95. Ayes : Council Members Hratt\A"''.lY, Vom,inag. Wi ggi ns. Waggo ner. Waldman, Bums Na ys : None Absent : Counci l Member Habcn icl ll Motion carried . 8. Communications, Prod1matiun1 and Appoi~lmtt1b' (a) A proclamation decla ri ng the wcclt on:tay 14 through May 20 . 199 5 as Emergency Modical Scn·iccs Weck was considcn:d . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING nu: WJ:E K OF MAY 14 THROUGH MAY 10, 1995 AS EMERGENCY MEDICAL SERVICES WEEK. Ayes : Na ys · Abse nt: Council Mc,n.\>Crs Hathaway, Vormitt.1g. Wiggins . Waggoner . Wa ldman. Bums None Ccunci l Mem ber Habenich t Eealewood City Couocll May 15, 19'5 Pac<◄ Motion carried . Mayor Burns p<CSCnled lhc proclamation to Safety Services Director Stanley. (b) A proclamation declaring lhc wcclt of May 21 through 27. 199.1 as National Public Woru Wedi. was considcrod. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED , TO APPROVE A PROCLAMATIOI' PROCLAIMING THE .VEEK OF MAY 21 THROUGH 27, 1995 AS NATIONAL PUBLIC WORKS WEEK. Motion earned. Ayes: Council Members Hathawa y. Vonnittag. Wiggins. Waggoner, Waldman. Bums Nays : None Absent: Cooncil Memtx-• Habenicht Mayor Bums presented 1hc proclamatio n 10 Engineering Manager Kahm . 9. "'blic R:,riag (a) COUNCIL MEMBER WIGGINS MOVED, I.N D IT WAS SECONDED , TO OPEN THE PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON THE PROPO SE D CONCRETE REPLACEMENT DISTR ICT NO. 1995. Ayes: Nays : Abstain : Absent : Council Members Vonninag.. Wiggins , Waggor.cr, Waldman . Bums None Council Mem ber Hathaway Council Member Habenicht Motion carried and the publi c hearing opened . Cooncil Member Ha\haway explained tlmt she \\ill abstain as she has property in the proposed district. Council Member Waggoner Staled th.ii he h,,s rccci\'cd four lett ers rcg,1rding lhc Conr rctc Di stricc and asked that lhcy be entered in10 the rcoord . The lcltcrs were fro m TI1omas E. Coffe lt . Richard an d Lynne Kerr. Syhia P. Berger an d David and Nancy Guldncr. All testimony was gi\'e n under oath . Publ ic Works Engineeri ng Marmger Kahm provided proof of Notice or Public Hearing. which was published in the Eng lewood Hera ld on April 20 . April 27 and May I. 1995. Mr. Kahm sta ted that fof the I past SC\'Cral years. Council h.1s been concerned with the ge ne ra l con diti on or1he Ci ty's publi c and privat e I concrete and h.,s directed staff to proa:cd with proposed Concrete Replacement District No. 1995. Relating action leading 10 1hc crca1 ion or th e Dis1rict . Mr. K.1lun said that Council formed major co ncrete districts in 199 1 and 1992 . Council then directed staff to go forward with the program for 1993 and identify the Chy's worsl four or fi\·e hundred locatio ns of co ncrete throughou t Lhc City and fom1 a di sv ic 1. The TABOR Amendment (Taxpayers Bill of Righi,' ·a 1992 created the inability for the City to se ll bonds for long tcnn financini for concrete improvement without \'01c r approval. TI1is si tuation has ddayed nccdcd repairs until now . Today's program co nsist s or impovcmcnts adj•ccnt to 330 properti es "ithin the City . Mr. Kahm stated that , or the original 383 propcrtks identified. fifl)·-thrcc propcn y owner . 113\'C obtained permits and aa:o mp lishcd the concrete rcpahs . Costs for the concrclc districts , as "ith previous paving di stricts. arc borne by both the adjacent prop<:rty owncn. through specia l assess ment s and by the City through moni es budgeted in the Public lmp ro\'c mcnt Fund (PIF). Concrete Replacement District No . 1995 is sched uled for co nstmc.1ion during th e su mmer of 1995 . He rcl :ued 1hat the total I I Eapewood City Cau<II May 15, lffl P1r;e5 projcct "°"' is estimated II $677,000, wilh $325,000 being borne by the Ci:y lhrough the PIF. and asscssmcnll tOlaling $352,000. Sioc:c bonding for lhis program is not available 11 lhis time. Mr . Kahm said ii will be necessa,y for the Chy 10 o!Jt.ain inlerim financing for the privale ponion of the construction in the amoont of $270,000. Mr. Kahm distribulcxl an infom1ati1>n handout 10 members or lhc audience who wished 10 obtain one , enlilled "Proposed Concrele Rcpl o.::cmcnl Districl No. 1995 ." The hnndoul includes a map oflhc proposed district. proposed schedule for the district, and an illustration of typical concrete sections. Mr. K •hm poio1ed out imponan1 cialcs oo the schedule and disr.usscd their impact. He staled tha1 owners who w,sh lo do lhcir own cx,ncrotc worlt have until July 2 1, 1995 lo pull a permit for that wnrlt, and all priva •• '"'"' must be completed by Friday, July 28. 1995 . The City's project i.s anticipated to b..'gin July 24 . 1995. ending October 20. 1995 . He explained lha1 lhe calendar also indicates lha1 stalT"ill compile assessmenll in early 1996, after which an 8SICSSlllCnt process wilh ano'hcr public hclri1111 will talr.e place . Those wishing to do so may pay cash wilhin lhiny days of that ordiN>11e<: and receive a five portent discoun•. on the asscssmcnt. The City will otherwise certify lhe llSSCSSmcnts to Arnp.1hoc County in August of 1996 , wilh paymcn1 due wilh propcny iaxcs in 1997 . Mr. Kahm said lhat stalT n:aommcnds that an election involving persons in this di strict be held in No\·cmbcr, 1995 to decide the possibility of selling bonds to pro,;dc lor,g tcnn financing for those in the district . Mr. K.ahm explained the last p.1ge ofll'.c handout. which dcpiels typical concrete sections. Responding 10 Council Member Waggoner, Mr. Kahm confirmed lhnt 1hc Janua,y I, 1997 deadline is for p.iymcnt of lhc full amount of lhc assessment unless the property 0Y.11crs vole to extend financing out over a lon g period or lime . If distri ct property 0\\11Crs vote lo extend the linancing. Council Y.ill ha\'c the optio n of selling bonds for a possible ten years . This is possible only if th e vote p.1.SSCS. Mayor Bums clarified lhal the Nm1'mbcr \'ote ~ill only pcna in to lhc melhod of financing . Mr. Kahm •greed. and added lhal Council has lhc aulhorly by ordinance 10 require that 1he concrete work be done. TABOR requires lhat lhc Ci1y go to a ,'Ole oflhe electoralc to s,11 bonds . The City has deferred tltc project for two years. hoping to be able lo oblain the long tcnn financin g for the district to lessen the financial burden of the property a..ncrs. By tl,e same lokcn. 1hc purpose of h.1Ying the district, as opposed 10 h.wing Counci l just require the work be done under the ordin.,ncc process. is that . under 1hc ordinance process. lhe cost would be due in full "ilh a len pcrecnt penally by lhc County "''h nc.\1 year 's ta.,cs for work done this yea r. Sy fom1ing a district . the City is provi ding an extra year to have these other oppo rt uniti es available . Mayor Burns further clarified that Counci l at this time is \'oting whethe r to do the improvements or not . and the voters will decide the method of financing and whether 1herc is an extended period of time for them to pay for the impro\'emcn1s. if there is an election . Mr . Kahm said that prcviom: ckctions invo l\'cd all of!hc clcctorn lc in the Cil )' and th e way the b.11101 questions were wrinen suggc.-,tc.d the City was incurri ng debt and raising taxes . He sta ted lh,11 he docs not fee l it is fa ir 10 1he people who arc act uall y p.1ying Ilic bill s. Responding to Council Mt.:mbcr Vom1i11..1g. Mr. Kahm said the a\'crage cost of concrete replnccmc11t in this di strict is approximately $1 ,000. ¥-ith the res idential assessments running from to S.SAOO and commercial assessments from S4 30 to $11.900 . Using $1,000 as an c.~1mple , he s.1id th.11. typi call y, one tenth of the assessment is due each year. with simple interest on the unpaid balance. If 1hc bonds se ll 31 cighl pcrtent. the first year lhcrc "ill be cighl pcrccnl in1cres1 on S 1.000. which would be $80 for a total principal and interest p.1)1ncn1 ofSl80. The next year, th \: p,i 1;d pal would be down 10 $920 . Eigh t pe rce nt of S920 is Sil, so tJ,c payment would be $172 . Mc rci1 em1cd that . if the clcctomtc docs not vote 10 finan ce the project by selling bonds. the en tire amou11 1 will be due in one year \\ith propcny laxes . E■iltwood City C-■cil May 15, 1'95 Paae6 Mr , Kahm said tbal. of the 330 properties still in the di su ,ct. there will be some u:ro asscssmcnli due to the ract lhal scvcn properties, witboul bencfil or a pcnnil or inspcclion have done improvemenli since last ra11. They will be asked lo lal:.c out the proper pcnnili so the City will hav,: a ru:ord orthc "1lrk being done . He also mentioned four o<hcr properties where work was partially completed, i.e. sidewalk repairt done bul not curbs and gullert . He said lhal fon y-four or lhc propcnics in lhe program have changed owncrt since the process llcgan , Rick Campbell, 3754 Soulh Jason SIRd. stated lhal he owns a commercial propcny In 1hc district behind which an alley has been marlr.ed for n:placcmcnl He said he is the only propcny owner on the block who is being assessed for the repairt, He asked why an individual woold be singleu oul when 1hc alley is used by several businesses . He said large postal delivery lrucks use lhc alley rrcqucntly , ' Mayor Bums suggested lhat Mr. Campbell get in tooch ,.;tl, Mr. Kahm regarding this ques1 ion . Many Gilben , 2795 Soutl, Acoma Stn:ct. said lhat she owns a pica: or propcny in the district where the old City 5C"'Cr NDS through . She related that the manhole co,u is raised quite • bit and asked irthnt can be comacd al the same time. Mayor Burns agai n suggested that Cit: .lalf be a otacted directly. Kevin Coursey , 3660 South Galapago Street. said there is a draina ge problem at llml intersection . lu the \%inter a snowplow can't remove the ice and a m.1d grader is necessary. He said he will be very unhappy if he has to spend $4 ,500 for a new curt, and guucr, only to ha,'C it tom up in the winter by road graders. M.1yor Burns urged Mr. Kahm and his staff"""' "i lh Mr. Courtcy to be sure that doesn 't happen , Eriks Ausclis, 4209 Soulh Shemian Stn:ct. said his sidewalk is marlr.ed for possible n:placcmcnt. He related that the sidewalk began to sag after the drain grate was replaced , He said he would like to be on the list for definite replacement. Mayor Bums asked Mr. Auscli s to speak "ilh Mr . Kahm regardin g th is m.111cr. John Ayala , 4140 South Delaware Strcct, said he feel s that other propcn ics on his bloclt arc more in need of concrclc repair than his . He asked if the Cily is going to lake another look al which propcnjcs h.:we the greatest need for repair. He wan1cd to know if ind i\ri duals arc being singled out Mr , Kahm responded that the li st ""' originally compiled in 1992 , TI,c direction sta ff has had from Counci l since thal time is not 10 add 10 the list . Council's intent was 10 have one more large district , the li st pul together in 1992 , and then re-<. 13Juate th e concrc1e polic)' of the City. He said th.11 st.."lff can now identi fy at least 200 additional propert ies th.ii probabl y arc in as b.1d co ndition as th ose on the list . Mayor Bums said that Council can address those addi tional properties in some manner J;ue r on , but not in thi s co ncrc 1c di strict. Ci ty Manager Clark asked if the additiona l sidewalks arc be ing marked for repai r or was that discontinued because of previous Cou ncil action. Mr. Kahm responded that additional sidc\l.,a lks arc not being marked . Returning to the issue raised by Mr. Ca mpbell , Mayor Bums asked how stn tT goes about assessing property owners for alley repairs. Mr. Kahm responded that the City is not assessi ng pri vrue individuals for public streets and alleys and that some clarification may be needed ,.;th Mr, Campbell , T)liicall y concrete that is the City's responsibility is ns1rked \lith a "B" and is usua lly nt alley and street intersections , A large poni on of the City's concre te budget is dedicated to handicap ramps , I I I I laslewood City C•11<II May 15, 1'95 Page7 Courcil Mcul,cr Wq~onc r said pan of the City's prog,am in the paSI bas included any'.hing lhat has to do w, ·h st:.rm SC'A-cr.,. Mr. Ayala said be docs no1 feel lhat he should have to bear lhe expense of repairing his concrete when his ncighbon do no!. Mayor Bums reiterated lha l those properties will be addressed Bl a later time. Mr. Ayala did not feel ll wt "'"' glisfac1oiy bccausc he has 10 bear the expense now and fee ls his neighbor< shou ld al50 so tha l all lhc properties arc brough1 up to SIJlndard. Christine Wclch. 1122 West Oxford Place. said lhc asscssmcnt for ooncrctc on her property is $2.392 . As a single pare•~ that amount is too high for her ID pay by July if she chooses to ha\'C a private contractor . She asked Council to oonsidcr extending lhc dcadllnc for pnvate ccnstruction . She said she would like to be afforded a choice as to having a pri,-alc contractor perform the'"'"' or ha,ing lhc C'ity do it. She said 1he July deadline leaves her no choice . She asked aboul guidelines for assuring th.11 the ccntracton hired by the City ,.;11 charge fairly for the work they perform . ~lr . Kahln rcspoodcd that it is imponan t for the City to know th.11 concrete wont done prh-a1cly is going to be doac before the City 's contractor leaves lhc job site. The Ci 1y can show a liule ncxibility in tcmu of the actual date for com plet ion or the pri \'alc "-ork. but it is critical that at least a pcm1i1 be taken ou 1 by the Jul y cut off date so lhe Cily will have a list of propcny owncn who 1'ill be doing !heir own work. These people ,.;11 no1 be able 10 participalc in the bond because priva1e 1't>rk mU51 be completed by earl y Fall so 1h31 lhc City k,o"~ ii has been accomplished. and lhcsc things will all happen prior 10 a bond sale . Hiring a pr~vatc contractor or choosing lo have the City contractor make the concrete repairs i.s strictly the choice of lhe propcny 01'11Cr. Rcspond;og to Council Member Waldman. Mr. Kahm related that !here is eamomy of scale on such a large conll =-ct . Only large contractors can bid on the project . because only large contractors can bond on a half million dollar project . Large conlractors ha,·c union emp loyees and thei r unil prices may noc be as fa\'orablc as a small contractor that indi\'iduals can hire prh'alcly . Prices arc b.,scd on monitored bids on other projects in the metro area. Mr. Kahm said lhal in his cxpcriena:. if homcowncn cm afford to hire pri\'atcl y. they will sa,-c an average of thiny percent off1hc city's estimates. Cou..no.l Member Vomlittag said he feels a deadline extension is feasible for persons h.1\ing work done pri\'atcly. He said 1ha1 only a few of lhcm might no1 follow through 1'ith completion and suggested that lhc Ci1y 's contractor would be able 10 come baclc and complete !hose few project. Council Member Waggoner !'.ilid the conlraaor ~ill wam lo move out of the area after finish ing U1crc and that returning later 10 the area would be cosOy for the contractor . Su:,-c Wood. 41 10 South Elati Street. is an employee of the Arapahoe Coun ty Engineering Dcpanment and works \\ilh subdivision plats for Englewood and Arnp.1hoc County . He said 1hat the right s-of•way th.11 arc dcd icaicd "i th the subdivision plats arc dcdi c.1 1cd to the Cit y and inc lu de sid ewa lks . curbs and guucrs and asphalt He sajd tJ,c ci ti 1.cns of Englewood hnvc already paid ta.xcs fo r the maint cM ncc for the righlS.o()f•way . He asked (or clarification as to why chizcns should be assessed for maintcnanc:c that should already have been paid for lhrough ta.,es on the curb and guncr . Counci l Member Waggoner said there h.u been for a numl>cr of years an ordinance that pla ces the responsibility on the citi ze ns . Thcn:sa Gu1hrie. 3605 South Aroma Street asked why propeni es in her neighborhood that were ns,rked originalli• arc not marked now. She said there arc also propcnics in her nei ghborhood 1'ilh """° concrete than hers but aren 't m..irked for repl acement. Also. she rel ated 1hat there is a tree on her propcn y that is marked for removal , which she bclie\'CS is lhe City's rcspons ibili 1y. The con crete thal must be E, 'ewoo<I Chy CoullCII ~., •~. 1995 Pace ■ replaced surrounds this uce. She said !he llCC will not be removed, however, until aflcr she has had her concrete w-on: done . which she intends to do with a private oontractor . Mr. Kahm said the City will"'"" with her lo have lhc llCC laltcn OUI and replaced In conjWlClion with h« pri\•a1c concrete work . Addressing Ms . Guthrie 's rmt question regarding previously marlted propcnics lhal arc no longer marltcd. Mr. Kahm said in 1992 there were two classifications of ooncrcle , cxtn:mcly bad and marginal. Council elected to only require 1hat the ~orSl of the co ncrete be replaced. Adrienne Morris. !092 West Oxford Place, said she called some of the conlraelors on the list because she wanted lo do a COIi comparison . She said she called si x and gOI hold of lwo, both of whom lold her lhal Ibey do DOI do residential . She asked if 1he propcny owners must use the list of conlraclors J)rO\;dcd by the Ci ly. Mr . Kahm said any con uaaor can be used as long as Ibey arc licensed and bonded . He cautioned Ms. Morris to ask to sec the required Ch y concrete pcrmil bc i.'l rc allowing the contractor to begin work . Council Member Wiggins said that cont.rac1ors on 1hc Ci1 y's list must guarantee their work for two yc.,rs. (Cleric's N01e : CoUR<iu Member Habeni cht entered lhc meeting al 8:43 p.m.( Mr . Kahm said there is an asscssrncnl dcfcnal program through lhe Englewood Housing Authority . Unde r certain dmlmstanc:cs &rra.ngcmcnu can be made 10 defer p.1ymcnts for concrete n:placcmcot until the propcn y changes hands at a ruturc date Mr. ~hm said there has been some confusion over the City ordinance tying Lhc application date 10 the formation ordinance or the district . In fact . in past years. the City has always worlted off the assessment ordinance because 1h.11 is when the bills arc due. Ncx1 year, when there is an assessment ordinance , there will be a clause th.11 allows another sixty cLiys 10 apply for deferred assessments. Responding to Council Member Vom1i1ta g. Mr . Kahm s.1id the dercrrnl is available wheth er the program is financed throu gh the sale of bonds or not Keith HulTncl , 4120 South Lipan Street. s.1id he purchased hi s home about a month ago and has 1wo areas Iha! arc lagged . One has a hairline craclt 1ha1 supposedl y goes back lo 1992. He s.1id there has ob\iously hccn no movcmcnl in the ooncrctc and docs DOI feel ii needs 10 be rcpl ac'Cd. He asked for a list of co ntractors and questio ned one or the low assessments orS68 .00 . Mr. Kalun explained that there arc circumstanc...-cs where possibly onl y one root or a sidewalk stone ext ends across a propcn y line and on the bids the Cily pays a co ntracto r on a unit basis per square foot or concrete poured . There being no one else present 10 speak to the issue. Mayor Burns asked for a motion to close the pu bli c hearing. , COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLI C HEARING REGARDING THE PROPOSED CONCRETE REPLACEMENT DISTRICT NO. 1995. Ayes : Council Members Vormiltag. Wi ggi ns. Habenic ht . Waggoner. Waldman. Burns Nays : None Abstain : Council Member Halhaway Moti on carried and !he publi c hearin g closed. JO . Conscnt A~nda I I I E■llewood City c .. ■c11 May IS, lffl Page9 MAYOR BURNS PULLED AGENDA ITEM 10 (1) (vi) ON FIRST READING FROM THE CONSENT AGENDA. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE ON FIRST READING C NSENT AGEN DA ITEMS 10 (1) (i), (ii), (iii), (iv), (v), (\ii), and (,iii). (a) Appro,·e on First Reading (i) COUNCIL BILL NO. 13 , INTRODUCED BY COUNCIL MEMBER HATIIAWAY A BILL FOR AN ORDINANCE AMENDING TITLE J, CHAPTER 8. SECTION I. SUBSECTIONS I AND 4. OF 1llE ENGLEWOOD MUNICIPAL CODE. 1985 WHICH PERTAINS TO FIREFIGHTERS ' PENSION FUNDS. (ii) COUNCIL BILL NO. 22 . INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE AMEND ING TITLE 4. CHAPTER 7. SECTION 11 OF 1llE ENGLEWOOD Ml/NlCIPAL CODE 198 5, TO EXTEND THE LIMITED WAIVER OF WASTE TRANSFER SURCHARGE TO DECEMBER 3 I. 1998. (iii) COUNCIL BILL NO. 21 . INTRODUCED BY COUNCIL MEMBER IIATiiAWAY A BILL FOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 4. SECTION 5. SUBSECTION I. OF THE ENGLEWOOD MUNICIPAL CODE ENTITLED TAX ON STORAGE . CONSUMPTION AND USE . (ivi COUNCIL BILL NO. 20. INTRODUCED BY COUNCIL MEMBER HATIIAWAY A BILL FOR AN ORDINAN CE AMENDING TITLE 4. CHAPTER 4. SECTION 18 . OF THE ENGLEWOOD MUNICIPAL CODE ENTITLED SERVICE CHARGE ON RETURNED CHECKS . (v) COUNCIL BILL NO . 24 . INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, SECTION 4. SUBSECTIONS I. J AND 7; AND TITLE 4. CHAPTER 4. SECTION 5, SUBSECTION ~ OF THE ENGLEWOOD MUNI CIPAL CODE 1985 RELATING TO SALES TAX . (,ii) CONTRACT WITH TURF IRRIGATION SUPPLY , INC .. IN THE AMOUNT OF $5 2,203.75 FOR THE PURCHASE OF A RADIO IRRIGATION CONTROL SYSTEM . (,iii) APPROVAL OF AN ADDITIONAL $10 .000 EARNEST TO CONTINUE TIIE CONTRACT AND HOLD TIIE PROPERTY (A 5760 ACRE F ARMSITE) UNTIL CLOSING SC HEDULED OCTOBER JO. 1995 (FOR THE APPLICATION OF LITTLETON /E NGLEWOOD WASTEWATER TREATMENT PLANT BIOSOLIDS). Vole results : Ayes: Council Members Hathaway, Vormittag. Wiggins. Habenicht. Waggoner. Waldman , Burns Na ys : None f.a&lewaod CIIJ C•ncll May 15, 19'5 P•IO Motion carried . CO UNC IL MEMb F.R HATHAWAY MOVED, AND ITWAS SECONDED, TO APPROVE ON SECOND READING CONSE:,T AGENDA ITEMS 10 (b) (I) and (Ii). (b) Approve on 5ccond Reading (i) ORDINANCE NO . 15. SERIES OF 1995 (COUNCIL BILL NO . 16, INTRODUCED BY CCUNCIL MEMBER HA IBA WAY) AN ORDINANCE AUTHORIZING AN lmcRGOVERNMENT AL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO. ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS AND WASTE MANAGEMENT OF COLORADO. INC. APPROVING TI!E FIRST AMENDMENT TO THE CON SOLID A TED AMENDMENTS TO AGREEMENTS DEALING WITH TIIE CITY OF ENGLEWOOD PROVIDING TREATMENT FOR WASTEWATER ORIGINATIN G AT THE COUNTY LINE LANDFILL . (ii) ORDINANCE NO . 16. SERIES OF 1995 (COUNCIL BILL NO. 17 . INTRODUCED BY COUNCIL MEMBER HA IBA WAY) AN ORDINANCE AUTHORIZ ING AN INTER GOVERNMENT AL AGREEMENT BETWEEN THE CITY OF ENG LEWOOD . COLORADO AND THE CITY OF CHERRY HILLS VILLAGE . COLORADO WITH RESPECT TO THE CITY OF ENGLEWOOD'S MAINTENANCE OF AN AREA IN THE CHERRY HILLS VILLAGE WASTEWATER COLLECTIC\N SYSTEM . Volt raultJ: Ayes : Council Members Hathaway. Vonnittag. Wiggins. Habenicht . Waggoner. Waldman. Bums Nays : None Motion carried 10 (a) (vi) Directo r Black prcsc n1cd a rcco mmcnd1tion from the Dcpanmcnt of Rccrc1tion Sc n iccs to appro\'c amendme nt s to the Pro ::Putt Sys1cms. Inc . Agreement enabling Pro ::Pu tt to c.xpand 1hcir opera tions and extend their tease . He introduced Scott Simpson. O\\llCf of Rh-crsidc Pro ::Pun. Inc . Mr. Black sai d the expansion "ill include bicycle rentals. a minia1urc drag strip with junior dragstc rs. and bumper boats. The curren t agree ment will be extended to lhc year 20 10. He explained LhaL under lhc current agrecmenl. the City rccch•cs ten percent of lhc gross sales , Th is will increase to cle\'cn perce nt in 1996 and "ill increase one percent each year nti l it rc.ichcs fifteen percent Mr . Btxk said staff is recomm endin g th e ado ption of a bill for an ordinance amend ing the club house lease agreement. He sai d Mr. Simpson woul d like to sta rt the bicycle rent.ii immcdi:u ::ly and begin the construction on the dragstrip with the hope or completing it by the end or the su mmer. Mr . Simpson will wait for a year or so on 1hc bumper boats to be sure there is enough sp ,1cc "ith the drngsters in 1crms or stopping and turning around di stance . He praised Rfrcrsidc for their clean and s.1fe operation . Ma)Oi Bums asked if noi se rrom the dra gsters will connict ,,ith the golf course . Mr . Bl11ck sai d there is currently noise from the go--ca rt s, but there have been very few compl ai nls from the golfers . With the dragstcrs there is on ly noise for about four set0nds and lhal is not seen as a problem . He said thnt Mr. Simpson has agreed to correct noise problems if they arise . Mr, Simpson said the dragstcrs "ill cause no more noise than lhc lnwn 1110\\i ng equipmen t already makes at the go lf co urse . He s.1id the drn gslc rs will be set up on the west si de , fu1thcr awa y from the go lf course than the go-cans currently arc . I I I I la&leweodCltyC•ac:U May 15, 1995 Paa,: II Cooncil Member Wal dman asked about the localion or the bike rental, seeing no access to the bike paths thJOugh the back rena:. Mr. Simpson rapondod that the bikes will be rented oot or the clubhouse and will use the path between his properly and the river. lie acknowledged that gotrers will share the polh \\i th bikers. but stated that the)' do that currcnt l)'. Director Black runhcr explained the layout or the project . He said thal, althoogh bikers and gotrcrs currcnUy use the same bridge across the Sooth Platte River, the City will be applying in the future for a gmn t to build another bridge just for the bikers. Mr. Black said that the improvements proposed by Mr. Simpson will ~nablc him to remain compctiti\'C \\ith the new thirty•six holes or miniature golf to be insta lled at Sou th Suburban 's Regiona l Park . Council Member Hathaway said= had been some conc:m that the second miniature golr course ti.al he 's taken out is the one des igned for handicapped patrons . Howc\'c r, she sai d Mr . Si mpson told hrr that he is goi ng to con\'crt the first one to handicapped as l'CII. (I) KESOLUTION NO . 40, SERIES OF 1995 A RESOLUTION AMENDING AN AGREEMENT PROVJDl l<G RECREATION SERVICES OF THE ENGLE WOOD MUNICIPAL GOLF COURSE . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (1) (>i) (I) -RESOLUTION NO. 40 , SERIES OF 1995 Ayes : Council Members Hathaway . Vom1ittag. Wiggins, Habcnichl. Waggoner. Waldman, Bums Na)~: None Motion carried. (2) COUNC IL BILL NO . 19, IN'JRODU CED BY COUNCIL MEMBc.R WAGGONER A BILL FOR AN ORDINAN CE AUTHORIZING THE CITY OF ENGLEWOOD TO EXTEND THE LEASE OF THE PRO ::PUTT SYSTEMS. IN C. CLUBHOUSE BUILDING WHICH IS LOCATED AT THE ENGLEWOOD GOLF COURSE . COUNCIL MEMBER WAGG ONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (1) (,·i) (2)-COUNCIL BILL NO. 19. AyCS : Counc il Members Hathaway, Vormilta g. Wi ggins . Habeni cht. Waggoner, Waldman . Burns Nays : No ne Mot ion carried . I l . Ordinanc es. llcJOlulions and Motion s (a) Appro\'C on First Reading (i) A recomme ndat ion from the Dcp.1nmcn1 or Public Works to adopt a bill fo r an ordinance approving the form,11i on of Co ncrclc Replacement District 1995 was con sidered . The Cit y Clerk was asked 10 read Co uncil Bill No. I 8 by titl e: COUN CIL BILL NO . 18, IN'IRODU CE D BY COUNCIL MEMBER WIGGINS l:aakweool Cly Condi May 15, l!l!IS I'•&< 11 A BILI.. FOR AN ORDINANCE CREA TING rQNCRETE REPLACEMENT DISTRICT NO. 1995. IN 1llE cnY OP ENGLEWOOD, COLORADO; 1llE llEMOV AL AND REPLACEMEITT OF SlJB.. STANDAllD Cl/RB, GlJITER. AND SIDEWALK. TOGETHER Wl1lf NECESSARY INCIDE!l,'TALS; AND SE.Tl1NG FORlll {)11{ER DETAILS IN CONNECTION Wllll ll!E DISTRICT. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (i) • COUNCIL BILL NO . II. Ayes : Council Members VormitL1g, Wiggins. Habenicht. Waggoner. Waldo . ian. Bums Nays : None Abstain : Council Member Hathaway Motion carried (ii) This Agenda 11cm was mo,-.d forward . Sec p.1gcs 2 and 3. (iii} Director Gryglcwicz presented a recommendation from lhc Dcpanmcnt of Financial Services to adopt a bill for an ordi nance c.~tc nding the reba te of Sales and Use Tax on purchases of machinery and machi ne tools. He said the program rebat es two percc:111 of the 3.5 pcrcc.nt s.1lcs or use La.~ on mac hines and machinco•. The bill is i ntcndcd lo make entities th.11 use n1..1chi ncs and machine tools more compet itive in the ~1arkct . TI,c City Clerk was asked to read Council Bill No. 23 by title : COUNCIL BILL NO. 23 . INTRODUCED BY COUNCIL MEMB ER HA ll!AWA Y A OII.L FOR AN ORDINANCE EXTENDING THE CITY OF ENGLEWOOD REBA TE OF SALES AN,) USE TAX ON PURCHA SES OF MACHIN ERY AN D MACHINE TOO LS . COUNCIL MEMBE R HATHAWAY MOVED, AND IT WA S SECONilED, TO APPROVE AGENDA ITEM 11 (a) C,ii) • COUNOL BILL NO 23. Ayes : Council Members Hathaway. Vonni1 1,1g. Wiggi ns. Habcnichl. Waggoner. Waldm.,n. Burns Nays : None Mo1ion carried . (b) Appro\'e on Second Read ing There were no ad ditional items submi ncd fo r App rova l on second readi ng. (Sec Agenda hem 10. Con~lll Agenda.) 12, General Discussion (a) Mayo(s Choi ce I . Mayor Bums discussed his attendance at the Colorado Municip.11 League Elected Officials Workshop in Glenwood Springs. He sai d he '-'111 ha,·c a report for Council at the next meeting. 2. Mayo r Bums ach;scd that the Engl""ood Historical Society has n:a:ivcd a SI 00.000 gram for restoration of the Depot from the Colorado HiSlorica l Socie1y. (b) Counci l Mcmbc(s Choice I I I I h&kwoad City Council MaylS,1'95 Pa,:, 13 (i) Council Member Hathaway noted Littleton approved funds in the amount of $2.000 for the South Metro Homeless Committee . Because Englewood previously committed to honoring Linlcton 's commhmcnt. she requested an appropriation to the South Metro Homeless Commiucc . COUNCIL MEMBER HATHAWA V MOVED, AND IT WAS SECONDED, TO APPROVE AN APPROPRIATION OF 52,000.00 TO THE SOUTH METRO HOMELESS COMMITTEE. Ayes : Council Members Hathaway, Vom1ittag. Wiggins, Habenicht . Waggoner. Waldman. Burns Nays : None Motion carried . (ii) Council Member Wiggins complained about the lack of moving air in the Co unci l Chambers and dir<>cied staff to take care of the problem . (iii) Council Member Habenicht: I. She C.\'plaincd that she was late because of a Regional Transporuuion Distri cl planning meetin g. She discussed th e meeting and commended RTD for responding positi\'cly to the call lo include municipalities in the plannin g process for mass transit. 2. She complemented Libra ry Director Hank Long for his help with the Englewood HistoricaJ 1 Society grant proposal . Ms. Habenicht stated he did a won,lcrful job . (i v) Council Membe r Waggoner staled that, since Concrete Rcplaccmcnl Distri ct No . 1995 is supp:>SC to take care of the major concrete problems in th e Cil y, ii is time to brainstorm for future concrete replac:cmcnl policies . (,•) Council Member Waldman cornmenlcd on citizen concern regarding damage by snowplr>',rS to concrete . He rcqucsicd a study 10 sec if this ca n be a\'oidcd . He said Littleton has a program in place that makes concrete replacement easier for its citizens and suggested studying their procedure. 13 . City Managu's Report (a) City Manager Clark recommended tha t Council go into Exccuti\'c Sess ion immcdia1ely fotlo\\i ng the regular City Council meeting to discuss a real estate mancr rel atin g to Cinderella Ci ty . (b) Mr. Clark reminded Council that he will be attending the lnl cma tiona l Conference of Shopping Centers tomorro\\' and will be there through Thursda y. He will repon back to Council next week . 14 . City Attorney's Report City Auomey Brotzman did not have any m:uters 10 brin g before Co uncil. i 15 . Adjournment COUNCIL MEMBER HATHAWAY MOVED TO ADJOURN . The mcctin~ adjoumod at 9: 12 p.m. ~(Uii, Qlylcrk