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HomeMy WebLinkAbout1995-08-07 (Regular) Meeting MinutesI I ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO llq,ilarSalioe Au11111 7, 1995 I. Call 10 Order The n:gular meeting of the: Englewood City Council wa., called 10 order by Mayor Bums al 7:38 p.m. 2. Jn,·oc.alion The in,·ocation was given b)• Council Member Wiggins. 3. Pled,c of Allcpaoa, The Pledge of Allegiance was led by Mayor Bums . 4. Roll Call Present: Absent A quorum was present Council Member> Hathm,~y. Waldman. Wiggins. Habcnich~ Vonninag. Waggoner, Burns None Also present City Manager Clarit City Auomey Brotzman 5. Minutes Assislan1 10 lhe City Manager Grace City Clerk Ellis Planning Administnllor Sli11 Dirmor Esterly, Public Works Diroctor Gryglewicz. Financial Services (a) COUNCIL MEMBER HATHAWAY MOVED , AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 17, 1995. Ayes : Council Members Hathaway , Vom1i11ag. Wiggins. Habenicht . Waggoner, Waldman. Bums Nays : None Motion carried. 6. Scbcdul<d VIJitora TitC:rc were no scheduled visi1ors. 7. Non-scheduled Visiton (a) Peter Scoll , Allomcy for Front Range Plating. 4500 South Navajo, commented on Agenda ilem 11 (a) (i) which deals "i lh the grant or an excl usive private casement or a pubhc righ1-or- way on Slanford . He sta led Front Range is opposed lo this prima ri ly because they need access 10 thal road 10 gel cranes in 10 tin equipment 01110 their roof when lhcy l"C$Urfacc Ihc roof or repair and maintain the Ea&l<wood City Council A ■..-7,1995 Pap: 2 cleansing. scrubbing an~ c ,oling unilS n,quircd for their mclll fuushing business. Mr. Scott Advised that if they cannoc aa:cs, the b•j•<!ing on &anford. in addition ta hindering regular maintenance or Ote building. there is a risk of ;pi lling pollutanlS and contaminanlS into the atmosphere . As it is proposed, he noccd, Windsor lndustri t1 \\OUld ha,-e the right to fence and block off access and prevent the service or the I roof units. He pointed oui tk1> originally the City considered \'acating this particular right-of-way, which would still permit Front Range access to a 20 foot strip that 1>oold rc\'Crt back to them . Apparently, he commented. Public Works decided that there was a possibility that Front Range would not sell that portion or the right-or-way to Windsor Industries . He noted that the City, rather than allow that to happen . elected to granl a temporary , private casement for that right-or•way . Mr . Scott questioned whether Council has the authority, b)· Statute. to grant an easement or othciwise lease a stn:ct or alleyway under CRS § 3 1-15-702 (I) (a) (I). (b) Tom Francis, President or Windsor Industries. stated they n,qucsted that the City vacate the SU<cl. Stanford, which ends in a cul-de-sac to the cast Mr. Francis explained that Windsor Industries o"ns buildings on both sides or Stanford. using the building on the south for tr.lining purposes . He cited problems associated ,vith the fact that the street ends in a cul-de-sac. i.e. inability to landscape , traffic entering the area and turning around as they diSCO\u the dead-end . He C.'J>laincd that Windsor Industries has 351:.cd the City to vacate that area "ith the idea that Windsor Industries "oold purchase from Front R.ingc Plating their half of the stn:ct. ho\,~-er Front Range declined to do that. Consequent ly, Mr. Francis stated their request is to lease the stn:ct from the City which pro,i des income and reduces maintenance cost to the City and. in the C\·ent Windsor lllO\'CS. the Ci ty will still have street . In addressing pmious comments made b)• Mr. Scot~ Mr. Francis pointed out that whcncvcr cranes have appeared to scnicc the roof units at Front Range Plating they ha,,: al"~ys been situated cast of their building on Windsor propcny. He noted Windsor h:ls RC\'Cr gi\'CO them any problem over lhat situation . (c) Tish Beauford. President or the Englewood Junior Chamber or Commen:c (Jaycees), ad1iscd that they arc sponsoring the Carson and Barnes Cin:us on August 12, 1995 at Stapleton Airport . She thanked Mayor Bums fo r the Proclamation proclaiming August 12, 1995 as Circus Day in Englewood and encouraged CVCl)'Ol1C ID attend. (d) Pete MccBn.in , ExecutiV'C Director or the Colorado Restaurant Association , addressed Council regarding Agenda Item 11 (a) (ii). He stated he is speaking on behalf of the Association 's Englewood mcmbeBhip and in the name or good public policy. Mr. MccBman commented that thi s proposal is ill advised and "ill pl~cc burdensome restrictions on a lot or people. He stated thal a better way to handle the situation is to suspend. revoke or deny renewal 10 those licensees that arc causing problenu. rather than subjecti ng all establishments to this proposed ordinance . Mr. Mcmman noted that Section A or the proposed ordinance is already in the State Liquor Code and enforceable at this time . He stated he feels Section Bis \'ague and. based on an opinion from the Attorney General's Office, is unenforceable . He questioned the wording or Section B, i.e. who has to rcpon. definition ofimmediately and disorderly act. He commented that unless the section is clearl y defined it "i ll be impossible to interpret. Mr. Mccrsm.111 stated that suspension or rc\'oc:ation of a liquor license cannot occur for violations of local ordinances. He stated that he and Ci ty Attorney Brotzman have discussed this issue and disagree , as Mr. Brot i man argues that Home Ruic cities ma y enforce these types or regulations . Mr . Mccrsman offered, as an altcrnath·c. free of charge the Association ·straining scmin:ir on responsible alcohol scnicc. He stated they welcome the participation of the Englewood Police Ixpartmcnl. Mr . Mccrsma.n concl uded by s.,ying 1h.11 he worries th.11 this proposed ordinance will create opportunities for abuse and harassment. He urged Cou OO I ro take a strong look at the ordinance and \'Ole against it. 8.' Communications, Proc:l1m1tio1·i1 !Id AppointmcntJ (a) A p1oclan.ition dccl arin6 August 12. 1995 as Cin:us Day in 1he Cit y or En&lewood was considered. I I I la&l<woodCllyCCM1KII A■pll 7, 1995 P1aeJ COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO PROCL,\IM AUGUST 12, 1995 AS CIRCUS DAY IN TH E CITY OF ENGLEWOOD, COLORADO. Ayes : Council Members Hathaway , Vonnittag, Wiggins , Habenicht . Waggoner, Waldm an . Bums Nays: None Mot.ion carried . Mayor Bums presented the proclamat ion to Tish Beauford. 9. Public Hearing COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON THE SOUTH DENVER MEDICAL PLAZA PLANNED DEVELOPMENT. Ayes : Council Members Hathaway , Vonn.iltag. Wiggins. Habenicht. Waggo ner. Waldman . Bums Nays: None Motion carried and the publi c hearing opened . All testimony was gi\'cn under oath. Planning Administrator Still stated this is a public hearing for the South Denver Medical Plaza Planned 0.:--clopmcnt which is a dcv-clopmcnt for a 43.000 square fooc medical office buildin g located in the 3200 block of South Lincoln Strccl. He noted this mauer was brought before the Planning and Zoning Commission and approved in April , 199 S with the condition that l"'O iSSlJCS that were not resol\'cd would be rcsoh·cd before being prcscnlcd to Council for final consideration . The issues were that an agreement be c.,ccuted bctl'-ccn the Archdiocese of Denver and the developer for additional parking and that adequate protection be provided for the Coty ditch which runs through the parking lot 0181 is being dc\'clopcd for this property. Both of the issues ha\"e been n:sol\"ed . Mr. Stitt advised that the appli cant and their architect an: ready to make a formal presentation . In response to Mayor Burns, Mr. Stilt advised that the agreement with the Archdiocese of Denver provides for approximate ly 25 spaces in a parking lot that is operated by Saint Louis Chwch . He stated it is a reciprocal agreement betwee n the corponuion dc\'cloping th is medical building and the Archdiocese so that in the event Lhc Church requires additional parking for their functions in the C\'cnings or on l'ttkcnds they can use the medical office building parking and the medical building will have ncccss to 25 spaces during business hours . COUNCIL MEMBER HATHAWAY MOVED, AND !TWAS SECONDED, TO ADOPT STAFF INFORMATION THAT CO UNCIL RE CEIVE D PREVIO US LY AND THE PLANNING AND WNING COMMLSSION'S FINDINGS OF FACT. In response to Mayor Bums. Mr. Still explained that the detention pond is designed so that water flowin g off the site would leave tJ1c site at its historic rate in its undeveloped state and would be detained on the site until it could flow off. Mr. Still added that this is a standard treatmen t for surface drainage. Council Member Hathaway asked if there arc other areas in the Ci ty that ha\"e this type of surface drainage. Planning Administrator Still staled that almost every development that has a high degree of impcnncablc surface v,ould have some type or retention or detention , ii might be surface or roof top but that is standard . Ms. Hatha\\~Y asked if we have had any problem l'ith those . Mr . Still anS\1~red not that he is aware of. lalltwood City Condi Aupuc 7, lffl P■p,4 Mayor Bums asked when: the wau:r goes when it lca,u the si te , Mr, Stilt Slated he is oot sure specifically in this case, hoMMr gcocnlly lhe waler is directed to I stn:et or an alley. He noted that the closest adjacent storm sewer in this i1151ana: is probably located at Lincoln or Floyd. Council Member Waggoner noted that tlt is is true as long as it docs not drain cxccpl at hi!11oric rates . Mr . Still stated he believes that is the standard. Vott ttt;tlll: Motion carried. Ayes : Council Members Hatha\\~y. Vorrn ittag, Wiggins. Habenicht , Waggoner, Waldman. Bums Nays : None Planning Administrator Still presented Proof of Notice of Publi c Hearing which w.LS published in the Englewood Herald on July 20, 1995 . !Cieri<·, note : Certification of Posting of oticc of Public Hearing was presen ted to the City Clerk . I Frank RcnlCS. 320 1 Sou th Lincoln Stred. asked wha t \\i ll h.1ppcn to the nlley in the 3200 block of South Lincoln Stree t. He stated ~,c retention pond for the alley is the center of the alley and when it rains the water is approxim:llcl y eight to ten inches deep and docs not leave until lhc sun dissipates it. Mr. Rcmcs stated this is the only alley between Lincoln Street an d Broadway that has Macadam (asphalt). all the other alleys arc concrete from approximately Yale A\'cnuc to the 3600 ~,ock . lie stated he is very concerned about the alley and the number of cars that an: going through the alley. He requested the City count the number or cars acccssinr the allq· at the present time and then ttta.i n after the building is constructed . Mr. Remos asked how high the medical building will be and if a traffic impact study"~ conducted for the intersection at Broadway and FlO)d A venue . He noted that for many years he has been tl')ing to get the City to install a left tum sigMI going cast on Floyd Avenue and the City put up a no left tum sign at that :ntcrsection . Mr . Rcmcs noted that unless yoo live in that area it probably docs not bother yoo at all , Howc\'cr he lh'CS io that block and to tum south he must go around the block . He noted that people cont inue to tum left at the intcrscclion a"'1 he asked that the City do somethi ng about that intersection &nil allow a left tum . He stated this situation was created by tl,c City when they realigned that street. If this build ing is constructed something should be done about that in tersection. Paul F. Glo\'ka. 2757 South Bannock. swed it is his understanding that the City o"ns the propcny between the public sidewalk and the str<c:I. If so. he asked why the property owner has the right 10 h.,vc trees cut down in that area . He noted in the 2700 block of South Bannock and on Acoma there are three big maple trees abou t 80 to 100 years old "ith a big X them. Mr. Glovka has been tol d the propcny °"1\Crs wanl them taken out. Mayor Bums explained 10 Mr. Glo,,ka Lhat he inadvertent ly signed up 10 speak at the public hearing regarding the South Dcn\'er Medical Pl3Zll Planned Dc\'clopment. He assu red Mr . Glo\'ka th.it staff will look into his oonccm. Mr. Glo\'ka added lhal rep.1iring the sidewalks is a waste or time as the handicapped accessible areas arc hampered by the fact that cars consislently pan< across the si dewa lk in the driveways . Earl LadC\\ig. propcn y owne r in the 3200 block of South Lincoln Street , stated he addressed th e Planning Commissio n on this issue and hi s concerns arc si milar to those expressed by Frank Rcmcs . He concurred wilh Mr. Rcmcs comments rcg.1rding water l"Clcntion. noted that right now when it rains the water ju st sL1nds there and unless the alley is rcpaincd it \\ill rema in quite a problem . Mr . Lade"ig sta ted he is a propcny owner in the area. he h.15 seen the plons and has no objection to the medical building itself. He noted traffic through that all ey tra\'CIS at 35 -10 mil es an hour to get away from the lights on Broadway and the alley is not posted whh speed limh signs. I I I I E■pewood City Council Auput 7, 1995 Paa,5 Council Member Habenicht asltal Mr. Ladewig for clarifK:ation of his concerns . She staled she understands he docs not object to the building itself, that hi s concern is for the alley, i.e. alley drainage, speed of traffic. She asked what his real cona:m is and what remedy he is seeking . Mr . Ladewig stated he reiterated Mr. Rcmcs comment&, that the alley !s in need of repair, the alley ;5 used as a highway, the alley cum:ntly retains its own water whenever it rains. He noted with a Macadam parking lot and the additi on of the medical build ing there is going lo be more "ater run off. He staled Iha! people use the all ey instead or Broadway and trn,-cl al the same speed or raster than they would along Broadway. Counci l Member Habenicht concluded that his concern is that , with the addition or this medical building. alley traffic will increase and "ill cxaa:rbate the speeding problem. Mr. Ladewig sta led these arc his concerns . Council Member Hathaway noted Mr. Ladewig commented at the Planning and Zoning Commission Public Hearing that he is conccmcd that the wooden rena: on his south property line woold be damaged. As he did not mention this cona:m this evening she'asked Mr. Ladewig irthe issue has been resolved. Mr . Ladewig staled that he has been told that the curb line or the parking lot that will be on the north end or that property will be at least li\'c fret away from his wooden foncc . He staled the dc:\-clopcr, hn\'e been \'Cf)' coopcml.i\'C, Counci l Member Habenicht asked that staff address the concerns expressed by Mr. Remcs and Mr. L.,d.,.ig. Mayor Bums staled he also has oonccms alx>ut 1hc drainage issue and 1raffic problems in the alley which he would like addressed . James C. Morgan. Vice President or Lee Architects. sta ,ed he wanted lo address tho concerns that ha\'e been expressed this evening. The detention designed for the property is on the southwest portion or the building and the discharge is into Easl Floyd A\'cnuc, not into the alley . He noted there is no aa:css from their development into the adjacent alleyway . Mr . Morgan stated the Planning and Zoning Commission has charged them with improving the existing public righ1-<1r-way with rcspcct 10 all the concrete curbs, si~ewalks, etc . adjacen t to the da-clopment for both the building site itself and the adjacent parking lot site. He staled this was agreed 10 and accepted as a conditio n of the Planning Commission approval. The proposed dc·\'clopment . he noted. is "ithin the rcsidenlial heigh! limit which is not to exceed 35 feet. Mayor Burns stated he noticed on the pla1is that there is a detention pond area on the nonhwcst comer of the parking lot 10 the north or the building. Mr. Morgan apologi ,.cd and staled there is a portion or the parking lot on the north side or the building where the p.irking lot itsclr "ill be used as the detention pond and another portion in the southwest part . Mayor Burns asked for the location of n:lcasc for the detention pond on th e nonhcasl p.1rt \.d .he parkin g 101. Mr. Morgan staled that docs go into the alley . Mayor Bums asked if he or .-'taJT has measured to de1erminc what kind ,1storic now there has been from this si te into Ute alley or if the)' arc awaJt tha.l the alley has sunk and retains water. Mr . Morg.in stated that is probably a true sta temr.nt as the alley is in pretty L>Jd condition so water th.ii runs through lhcrc is subject 10 seepage 10 the substnxt. Council Member Waggoner sta ted there is a stalcmcnt in the recommendati ons. and he assumes this proposed development is subject 10 the recommendations , that says all adjacent concrete must be brought up 10 City standards . He noted there an: two different types or concrete , one that is made with cement and one is made with asphalt . Mr. Waggoner stated asphaltic concn:te is whal is used in thal all ey so he assumed that thi s means that the adjaa:nt alley "i ll be brought up lo Cit y standa rds . Mayor Bums stated he has the same question . Mr. Morgan stated he reels they would agree 10 the requirement 10 bring up 10 City standards the portion all ey that is adjacen t 10 their property. r.o un ci l Member Waggoner asked ;r it would be cement concrete . Mr. Morga n staled it would probably be as phalt P,1\ing . Mr. Waggone r stated ~ood City CCN111tll Aap117, 199S ,..,., that asphalt Just docs not hold up in alleys and noted his pcnonal prcfercnoe would be for the alley to be pa,ul "i lh cement concrclc . Kirby Roa, n:prcscnting 3299 South Lincoln Stnx:t Partncnhip. noted they have no vehicular access to the alley way . He stated they recognize the condilioo or the alley, but that he cannot speak as to whether they ,-;11 """'to 1<>1ally redo the alleyway in concrete . In n:sponsc to Mayor Bums, Mr . Morgan stated he reels it is fair to say the alley, all the way through that block. is in a substandard state . Council Member Wiggins suggested, as an alternative, letting the water drain 10 Floyd rather than leuing it go to the alley . He asked if that would be morc aa:cptable to the dcvclopors than rq,airing the alle)' way. as it appcan the alley is the City 's problem . Mr. Morgan stated they would a&r= to make that adjustment to the drainage plan and connect it back to the detention on Floyd. Mayor Bums asked ir there is eoougb room next to the bu ilding to do that. Mr. Morgan advised that they can hold the detention and just have controlled disbursement. The consensus or Council is that this is acceptable. Mayor Bums Sl3led that is a good solu tion . Council Member Hatha"~Y asked if staJT agn:cs "ith this as well. Planning Administrntor Still advised that the nonnal proa:dun: for upgrading an alley or street is to pl ace it in a pa,ing distri <1 . Consequently, staJT suggests that at such time as the cntirc alle)' needs to be rcpa\'cd that i! be handled in that manner and thal this dc\'clopmcnt not be required to make any irnprm-cmcnts to the alley. Discussion ensued. Council Member Habeni cht asked if any traffic impact studies have been done rclath·c to the intersection or Flo)'d and Broadway. Mr. Morgan Sl3lcd they "•re not n:quircd to do a lnlflic impact study . He noted they ha,-.: a total or 141 parl<ing spaces. including lhc parking spaces they have access to through the nx:iproca.l p:uk ing agreeme nt , which is a fairly minor impact in terms of traffic count on a roadway . Mayor Bums staled he has wondered about this as the intencction or Floyd and Broadway is an ongoing issue. He asked if Director Esterly had any comment as to whether this development will have any impact on lha1 in1crsoction. Public Works Director Esterly slated that when lh is proposed project wen t through the review process they looked at the traffic impacts of it and the traffic that will be generated from lhis silc is minor in relation to tl1c total traffic at that intersection . Consequently. the City did not require any special traffic studies for this particular development at tha t loca tion . Mr. Est erly advised lhnt then, arc on-going studies of that location. Council Member Habenicht stated that Mr. Esterly indica1cd that there is not a significant Impact from th is panicuJar proposed dC\•clopmcnt. how"Cvcr other comments indicate there is a significant problem at that location . She asked if. even though the proposed development will not signifi cantly impact the area, it could possibly make it a li!Uc bit "'"sc. Direct or Esterly staled that every development that occurs anywhere along the Broa dway corridor could be construed as impacting this particular intersection and that includes project s as far down as Highlands Ranch . He maintained lhnt the n<1gnitudc of the traffic generated by thi s dc\'clopmcnt "i ll not h.1\'C a noticeable impact on the intersecti on . Council Member Halhaway staled that Post Office traffic Impacts thi.11 intersection nnd whe n King Soopcrs expands thei r parking 101 it "ill imp.1ct that in tersect ion . She asked ir the City has n:quircd them to put contingel1C)' funds into perhaps upgrading the signal at that intersection . Ms . Hathaway stated ifwc hnvc not then it seems unrealistic to rcquirc this applicant to do so. Director Ester ly stated that they have not rcquired an)1hing or King Soopers as far as upgrading that signa l, however as they control the property at that intersection they arc commiued to a future acquisition or right-<>f•way along Floyd that will allow for an additional lane for turning movements at that loca tion . He added thnl this project docs not control I I I I E■illewON City CIMl■cil A■pll 7, lffl Pap,7 propcny al lhat inlc=tion, the City oonlr.\ls a 101 of ii as lhc City owns a parking lot al lhal location . Dir,cuuion ensued . COUNCIL MEMBER HATHAWA V MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. Ayes : Council Members Hathaway, Vormiuag. Wiggins. Habcnichl. Waggoner, Waldman. Bums Nays : None M01ion camcd and the public hearing closed. In response 10 Council Member Ha1haw.iy , City Auomcy Brotzman explained lhal Council ~ill consider the raolution, approving Ibis Planned Dc\'Clopmcnl with porsiblc ooodilions, at lhc August 21 , I 99S regular City Council meeting. 10. Coasc,al Agenda COUNCIL MEMBER WALDMAN REMOVED AGENDA ITEM IO (a) (ii) FROM THE CONSENT AGENDA. COUNCIL MEMBER HATHAWA V MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i), (iii), (iv), (v) and (,i) ON FIRST READING. (a) Approve on First Reading (i) CONTRA CT Wllll STI MOBILE COMMUNICATIONS IN THE AMOUNT OF $20 ,770.20 FOR THE RADIO MAINTENANCE CONfRACT. (iii) MOTION EXTENDING THE '✓ AN SCHOO NE VELD AND CO ., INC . CONTRACT FOR AUDIT SERVICES FOR THE 199 5, 1996 AND 1997 AUDIT YEARS . (iv) CONTRACT Wllll WILLIAMS EQUIPMENT (V AC CON) IN THE AMOUNT OF $142 .7S0 .00 FOR THE PURCHASE OF A SEWER LINE CLEANINGN ACUUMING MACHINE (VACTOR TRUCK). M CONTRACT WITii ROCKY MOUNTAIN DECKS & FLOORS INTHE AMOUNT OF $21,960 .00 FOR THE REPAIR OF THE ENGLEWOOD RECREATION CENTER INDOOR RUNNING TRACK SURF ACE. (,i) CONTRACT WITii PRESTIGE POOLS IN TiiE AMOUNT OF $26,850 .00 FOR THE REPLAC EMENT OF TiiE ENGLEWOOD RECREATION CENTER SWIMMING POOL DECK SURF ACE . Vole Rcsulu : Motion carried. Ayes : Nays : Council Members HaLhaway. Vom1i1tag. Wiggins , Habenicht . Wa ggo ner , Waldman . Bums None 10 (a) (ii) Council Member Waldman expressed concern tlia1 lhc proposed co uncil bill amcoai ng sections of the Code relating to the investment of municipal funds allows one person. the Direc1or of Financial Services . to invcs1 the City's funds without con trol . 1:1&1<WON City COUJKII Auf,11117, 1995 Pace ■ Cily Manager Clark explained lha1 the Cily has adoplcd an lnvcs uncnl Policy which indicates which instrumenu arc invcstcd in . He ootcd Council ,.;11 be n:vicwing the Investment Policy at the next Sludy Session . Overall n:sponsibilily for the Investment Policy implementation, he staled, is the Cily Manager's which is dclcg.1tcd to 1he Din:ctor ofFinancial Services. Mr. Clark maintained lhal Council's concerns ,.;u probably be cleared up by taking a lool< at the Investment Policy. Furthcrmor<, he staled, thero is another layer or prolcclion through Colorado State law which n,quiros all financial institutions to have any investments , particularly over the insurcd n,quiroments. to be oollatcraliz.od and the City is rcstrictcd to m.'lking in\'cstmcnts only in Colorado institutions . He noted the City has an investment advisor that provides a quarterly report . Council Member Habenichl askcd if the Investment Policy is r<vicwocl by Council 01>ch year and adoplcd by ordinance or rosolution. City Manager Clark stated the Policy is adoptcd by n:s,siution . Din:ctor Gryglc,.icz ad,isocl lhat the curr<nl Investment Policy was adoptcd in 1993. Mr. Clark noccd lha1 ii is staffs ' rccommcndalion 1ha1 lhc Policy be adopted e1~ry year by rosolulion . Cnu ncil Member Habcnichl concurred ,.;Ill Council Member Waldman rogarding .h.: accountability issue. Sh e stated she reels it is imponant to maintain check$ and balances and that she might be more si..;P90rti\-c if the issue were to come to Council as an ordinance a.~ opposed 10 a resolution . Cily Altomcy Brotzmnn stalcd t1u,1 al lhis lime Council do,:s noc r<vicw lhc policy every year and what Financial Services is proposing is tha1 Council rc-.icw this cwry year by resolution . not just when something changes in the Code . He pointed out that the intent 1:i to ha\'c Council review the policy more onen . Council Member Habenicht staled her concern docs not involve frrqucncy . bul ra1hcr 1he level or accountability. Discussion ensued . City Manager Clruk suggested Council pul this issur on hold unt!i Council reviews ti1c cntfrc ln\'cstmcnt Policy so they can sec how C\'Cf)1hing fits together. Discussion cusucd . Director Gl)·glcwia explained that Lhc intent or th is proposed council bill is to cl ariry two conflictinK items . 1bc Code. he pointed out . has not been upd.11cd in some time anti the lnvcstmcni Poli cy has been reviewed and adopted by Council numerous (jmcs . The proposed chanf,CS \\ill defer to lhc Investment Policy and directs th.at it will be rC\i cwcd annuall y and adopted by rcs ulution. thus clarifying which is in effect . Mr. Gf)•g,lcwia stated that the City"s Investment Policy is \'Cry extensive. has more chcd. and balances and is more conscrvati\'C than State law. City Manager Clark noted this can be put into ordinance fonn irCouncil wishes . howc\'c r staff feels th is will work much easier for present and ru1urc Councils and staff by doing is by resolution . Discussi~n ensued . Cou ncil Member Hathaway stated she would like to mo\'c to tab le thi s item in li ght or th e fact th.it Co uncil has not reviewed the ln\'CSt.mc nt Policy . Mayor Burns agreed with Ms . Hathawa y. COUNCIL MEMBER IIATIIA WAY MOVED, AND IT WAS SECONDED, TO TABLE CONSENT AGENDA ITEM 10 (a) (ii)-COUNCIL BILL NO. 48 TO THE AUGUST 11, 1995 CITV "".OUNCIL MEETING . Ayes : Council Members Ha1lc1way. Vormittag. Habcnichl . Waggoner. Waldman. Bums Nays : Co uncil Member Wiggins I I I I E ■&lcwood City CCN1ndl Aupu17, 1995 , ... , Motion carried . COUNCIL MEMBER HATHAWA V MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I) THROUGH (, II) ON SEC OND READING. (b) Approve on Scc.,nd Roading (i) ORDINANCE NO. 36 , SERIES OF 1995 (COUNCIL BILL NO . JS), INlllODUCED BV COUNCIL MEMBER HA THAW AV AN ORDINANCE APPROVING SUPPLEMEJ\rT NO. 126 TO THE SOUTHGATE SANITATION DISTRICT 'S CONNECTOR 'S AGREEMEJ\rT WITH THE CITV OF ENGLEWOOD, COLORADO FOR THE INCLUSION OF LAND WITHIN THEIR DISTRICT BOUNDARIES . (ii) ORDINANCE NO . 37 . SERIES OF 1995 (COU1'CIL BILL NO . 39). INlllODUCED BY COUNC IL MEMBER HA THA WAY AN ORDINANCE SUBM ITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION PROPOSED AMENDMEJ\rTS TO THE CHARTER OF THE CITV OF ENGLEWOOD, COLORADO REGARDING FINANCE ADMINISTRATION (iii) ORDINANCE NO. 38. SERIES OF 1995 (COUNCIL BILL NO. 40), INlllODUCED BY Ci~, "'lCIL MEM.aF•. Y., AGGONER AN ORD!},'·.:,·.~ ~u:: ,!11 TING TO A VOTE OF THE r.EGISTERED ELECTORS OF THE STA'Ic. OF COLORAT.Kl W"l'J AKE OWNERS 0~ PROPERTY WTTlUN OR RESlDEJ\rTS OF CONCRETE REPLA :EMEr, f [)Is TRICT 1995 OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUN ICIPAL ELECTION A QUE <;nON AUTHORIZING THE ISSUANCE OF DEBT TO PAY FOR THE IMPROVEMENTS . (iv) ORDINANCE NO . 39, SERIES OF 1995 (COUNCIL BILL NO. 41). INlllODU CED B\' COUNCIL MEMBER HABENICIIT AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT GENERAL MUNICIPAL ELECTION A QUESTION RELATING TO THE ISSUANCE OF BONDS AND AUTHORIZATION FOR A PROPERTY TAX INCREASE TO PAY FOR Tw. PROPOSEU IMPRO VEMENTS TO THE COMMUNICATIONS FACILITY AT THE SAFETY SERVICES COMPLEX AND THE PURCHASE OF COMMUNICATIONS EQUIPMEJ\rT. (v) ORDINANCE NO . 40 , ~ERi., OF 1995 (COUNCIL BILL NO . 42), INlllODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT GENERAL MUN ICIPAL ELECTION A QUESTION RELA 1.!NG TO THE ISSUANCE OF BONDS AND AUTHORIZATION OF A PROPERTY TAX INCREASE TO PAY FOR THI: PURCHASE OF FIRE EQUIPMEJ\rT . (,;\ ORDINANCE tlO. 41. SERIES OF 1995 (COUNCIL BILL NO . 45), INlllODU CED BY :OUNCIL MEMBF :t HATHAWAY AN ORDINANCE AMENDING THE WASTEWATER UTILITY ORDINANCE TITI.E 12, CHAPTER 2, SECTION 7, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO DAILY Ea&lewood City Couacll Aua,,117, 1995 Pace 10 MAXIMUM ALLOW ABLE INDUSTRIAL LOADING OF POUNDS PER DAY FOR POLLIIT ANTS AT 11iE LITllEIONIENGLEWOOD WASTEWATER TREATMENT PLANT . (vii) ORDINANCE NO. 42 , SERIES OF 1995 (COUNCIL BILL NO . 47), INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT BETWEEN HE HUDSON FOUNDATION AND 11iE CITY OF ENGLEWOO D, COLORADO FOR A DIVERSION GATE STRUCTURE AND PIPE TO BE PLACED ON 11iE CITY DITCH. Vote raults: Ayes : Council Members Hathaway , Vonnittag. Wiggins. Hobenicht . Waggoner, Waldman. Bums Nays : None Motion carried. 11 . Ordiaaaca, RHolulion1 and Motions (a) Appro,~ on First Reading (i) Dinxtor Esterly pn:scnled a n,commenda tion fo,m the Dcpartmen.t of Publi c Works to adopt a bill for an ordinance authorizing the City to cnlcr into a :case agreement "ith Windsor Industries for their use of a uact ofland held by the City as right-of-way for Stanford A\'enuc . He explained that this proposal was initiated by Community OC\-c:lopmcn1 as an economic dc\'clopmcnt issue . Ch~r the last eight years. he ootcd. Windsor has assem bled parcels of propcny as its operations have continued to expand. Mr. Esterly Slated that lease of the right-of-way \\ill provide incrascxl security and allow men cfricicnt use of l\'lllable land for partting and landscaping. He Slated it is unlikely that Stanford will be extended continuously to the cast as the~= significant grade problems in addition to the City ditch being there. He ooted the ad>antage to the City in providing a long tenn lease is that if Windsor decides to disassemble the propcny the City would still ha,~ the public right-<>C-way to sm,e all the parccls that would then exist ar1in . StalTbelicvcs they ha,~ negotiated a fair lease proposal with Windsor Industries and ~commend that Council approve the lease. Council Member Hatha"~Y asked City AUornC)' Brotzman if appro,~I of this lease can be mad e contingcr.t on a signed agreement between Windsor and Front Range Plating for Front Range 10 have access to that propcny. Ci ty Auorncy Brotzman stated the onl y panics to the lease m the City and Windsor as the City owns that propcny . Director Esterly pointed out that Item No . S of the lease. which addresses "Rights ofGrantor". states that the City of Englewood "n:scrvcs the full right to the undisturbed 0"11crsh ip. use and occupancy of the Easement Propcny in.'-Dfar as said ownership, use. and occup,mcy is consi51ent with and docs 1101 impair the rights granted 10 Grantee ." Funhennorc , he staled, ii says that if we go in there and disturb anything it is Windsor Industries ' rcsponsibilil y lo pay for any damage that is done . Cllu ndl Member Hathaway stated that she is asking. if Front Range needs the access and cannot get the access because the City has granled this agreemen t to Windsor Industries. who has to enforce it. City- Alt umey Brotzm3n advised that the City must provide enforcement Council Members Waggoner and Hathaway stated that 1hcy feel the Ci1y should have th is in \\riling . Cit y Manager Clark statc.d the City re•ains some casements in the agreement and asked ifan casement can be retained frt r Front Range to access the propcn y. I I I E■ate,,eod City C•llcil Aup1117,l995 Pall" II Council Member Wnggoncr staled Fronl Range has indicaled they need 10 get lhrough on the cast side of the building. which is Windsor propc,ty. He suggcs1ed both parties get together and provide an access lease prior 10 Council approval . City Manager Clark staled we cannot fora: Windsor 10 grant an cascrncnl to Front Range. Council Member Hnlhaway Slated lhat Windsor Industries has indicaled they do not have a problem with Front Range ICCCS5ing their propcny for purposes of building and equipment maintenance . She staled she would like lo sec ii in writing. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO TABLE AGENDA ITEM I l(a) (i) • COUNCIL BILL NO.« UNTIL SUCH TIME AS WINDSOR INDUSTRIES AND FRONT RANGE PLATING CAN GET TOGETHER AND REACH AN AGREEMENT FOR PUBLIC USE. Mayor Burns stated he "i ll abstain from voting as he realized as he reviewed 1his that he represented a privalc client in about 1988 or 1989 that sold the building to Windsor Industries and his client supplied a consi derabl e pan of the campus for the company. Motion carried. Ayes: Na)~: Abstain : Counci l Members Hnthawa y. Vormittag. Habenicht . Waggoner. Waldman Council Member Wiggins Mayor Burns (ii) Director Gryglcwicz pr=nted a recommendation from the Dcpart.'TICnt of Financial Ser.i ces to adopt a bill for an ordinance amending the Liquor Licensing Authority section or the Englewood Municipal Code relating to conduct ofliquor establishments by adding Section 12 to Title S. Cha pter J A. He explained that Section 12 . paragraph A addresses the conduct of the licensed establishment and mirrors State Statute. Section 12, paragraph B sets fonh the n,quircments for reporting of any unlawful or disonlcrl y act and Section 12. paragraph C establishes the penalty for violations of these sections. In response to Co uncil Member Hathaway, City Attorney Brotzman confirmed that paragraph A is Ilic Slate Liquor Code , paragraph B is not in the S1a1e Liquor Code . He explained tha t paragraph B basically requires a phone ca ll to lite police dcpannicnt if there is a ba r fi ght. Mr . Brotzman noted that most of the liquor licensees call the poli ce . hpwcvcr. t~ City has had two incidents were bar fights moved ou1 into th e scrcc1 and the police were n01 called. Both cases came before the Liquor Licens ing Au1hori1y and because we did not have lhis requ irement in our code we were somewhat restricted , Council Member Hathaway asked. in answer to Mr . Mccrsman 's question. whether Home Ruic cities can cnfon:c different standards of Stale regulations as paragraph Band C arc EnglC\\<>Od 's modificalion of the Liquor code. City Attomey Brotzman stated Engl ewood is a Honic Ruic municipality and the Attor ucy Gcncrars opinion. which is included in Council's packet , is in response 10 • statutory city . He confirmed that as a Home Ruic municipal ity we can enact legislation in th.is area as Denver. LittJcton. Westminster and Aurora already ha\'e . He staled the language in paragraph B and C mirrori the language in all of the municipalities that have adopted lhcsc restrictions . Mr . Brot1.m.1n stated that there is no cri minal penalty under paragraph C. He explained that police calls arc not held against the li censee al Ilic to me of renewal , bul , if they do not call in a liquor viola1ion , lhai is held against the lice nsee . Cou nci: Member Hatha\li"n)' stated Lhru Mr. Mccrsman also mentioned the wording in paragraph Band she ag:-ccd wilh hi s concerns . Specificall y, she pointed out that as th e p.1rngrnph reads now i1 appc..irs that two people h.1,·e 10 make the repon . E■atcw,,od Clly CINl ■tll Aupll 7, 1995 Pap 12 Council Member Waldman questioned the rcponing lime frame and asked if the paragraph could be amended 10 change "shall immedialcl y rcpon " 10 "shall rcpon within 48 boon" or "within 24 houn." City Altorncy Bro11.man staled 1ha1 the in1cn1 Is that if 1herc 11 a bar fighl and the bar owner rightfull y puls 1he fighlcn out in the stnrt "" ..ut an immcdialc phone call to the police dcpartmcnl in order 10 ha\'C the police brcalc up lhe fight. This is lrying to pm'Cnl si mply ,roving 1he fighl out inlo the strcc l and closing the doors . Council Member Waldman questioned. getti ng back to Mr. Mccnman 's commcnu. what constilulcs disorderl y conduct . Chy Auomcy Brotzman advised that pangnph A addresses that. The Clerk was asked lo read Council BiU No. 46 by tillc: COUNCIL BILL NO . 46 , INTRODUCED BY COlf'ICIL MEMBER HAlllAWAY A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER J A. OF lllE ENGLEWOOD MUNJCIPAL CODE BY ADDING A NEW SECTION 12. DI SO RDERLY BEHAVIOR : REPORT BY LICEN SEE PERTAINING TO LIQUOR LICE NSING AUTifORlTY FOR lllE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SL :ONDED, TO APPROVE AGENDA ITEM 11 (a) (II) -COUNOL BILL NO. 46. COUNCIL MEMBER HATHAWAY MOVED, AND 11' WAS SECONDED, TO AMEND PARAGRAPH B TO READ "ANY UCfii SEE, OR ANY MANAGER OR AGENT OR EMPLOYEE OF A LICENSEE, SHALL IMM r >'.IATELY REPORT TO THE POLICE DEPARTMENT ANY UNLAWFU L C'R ',l.,{\ll UERLY ACT OR CONDUCT AS SPECIFIED IN PARAGRAPH A ABOVE COMMn,, i 11/i r m; L CENSED PREMISES." Council Member Habenichl commented tha1 if she owned a bar and someone used profane language she could ask that pcnon to quit using profane language and it stops then there is not problem . She pointed oul that because the way this proposed ordinance is ""rdcd because there has been an offense 1hc licensee would be obliged 10 call in the rcpon of profane language . Ms. Haben ichl sta«d she feel s 1his places an undue burden on the lice nsee . She not d the concern sccn\S 10 be when the disorderl y co nduct goes out side of the Premise: and she requested that Mr. Brow nan come up with the appropriate wordin g th.11 would all evialc the licensee of this undue burden. Vote reJUlts on amendment: Ayes : Nays: Mot io n carried . Counc il Members Hathaway. Wi ggi ns, Haben icht. Waggonrr. Waldman, Bums Council Member Vonnitta g Council Member Waldman staled 11,11 ~Js biggest cow.:cm "ilh this pro pc:.:d ordinance is if City docs nol grant a liquor license what authori1 y do we ha,'C to suspend or revoke. Council Member Hathaway expl ained that the City 's Liquor Licensing Authority h.'IS the au1hori1 y to do lhc susocnsion or l'CVOCdti on. Cily Anorncy Brotzman suued tha1 1he Liq uo r Licensing Aulhority has the power t, issue. suspend and n:vokc liquor licenses currcnlly. Council Member Wiggins , addressing Counci l Member Waldman 's concern regarding 1he rcponing period . advised 1ha1 lhc phrase to repon "immodiatcl y" is used under 1hc S1a1u1c governing motor vehi cle acc idents. He expl ain ed that imrm .. -di a1cly means within a rcaso n.ibl c time period whi ch is all they ca n ask for . I I I I la&l<w""'1 City CIMlncll A■pul 7, 1995 Paae lJ Council Member Habenicht staled that she fully suppons the intent of this ordh\811Q:, but at the same time she fcclJ '""Y uncomfortabl e as thi s sccms like an unnocosary (,ur /.cn on the liccnsce because oflhc fact we arc uying to take care or things outside the licensed prcmisci:. She feels this obligates them within the premises which could open them to all sons of harassment by an unsatisfied customer, etc . If the language oflhc ordinancc reflected the intcn~ she staled, it would be much easier to suppon and she fell the Restaurant Associatior. would probably suppon that as .. ~11 . Lengthy discussi on ensued and City Allomcy Brotzman clarified the inten t oflhc proposed ordinancc . Vote ra,,itJ on Council Bill No. ,6 u amended : Ayes : Council Mcmbcn Hathaway, Wiggl!L<. Waggoner, WrJdman, Bums Nays: Council Mcmbcll Vormittag, Habcni r.ht Motion carried. (i ii) Ci ly Manager Clarlc and City Anomcy Brotzm,n ~-::scntcd a recommendation from lhc Ci ty Attorney to adopt a bill for an ordinance submitting to a \'Ole of the registered electors of Englewood a proposed Chancr Rc,ision on Career Scr\icc System . City Au omC\ !lrotzman explained that this adopts the full implementation of a hearing officer ra1hcr than an ad t'•l· ·".immittcc . City Manager Clark ad\iscd th.11 this incorporates all oflhc Career Scr\icc Board -erommcndations. The Cleric was asked to read Council Bill No. 38 by titl e· COUNCIL BILL NO. 38 . INTRODU CED BY COUNC I. •·~EMBE R HA THA WAY A BILL FOR AN ORDINANCE SUBMITnNG TO A VOTE OF THE REGISTh-L; ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENE"AL Mt ,NICIPAL ELECTIO N PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF ENGLEWOOD, COLO RADO REGARDING THE ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT DEFINlTIONS, BARGAINING RIGKTS , SUBJECTS FOR COLLECTIVE BARGAINING , IMPASSE RESOLUTION , THE CAREER SERVICE SYSTEM. CAREER SERVICE BOARD , DUTIES AND POWERS OF lllE CAREER SERVICE BOARD AND EFFECTIVE D.'.TE-VESTED RIGITTS UNDER THE CAREER SERVICE SYSTEM TO PROVIDE FOR A BINDING AiU!ITRATION PROCESS . COUNCIL MEMBER IIATIIAWA Y MOVED, AND IT WAS SECONDED , TO APPROVE AG £l\/DA ITEM 11 (a) (iii)· COUNCIL BILL NO. JI. Ayes : CounciJ Members Ha1haway. Vorminag. Wiggins. Habenicht. Waggoner. Waldman. Bums Nays : None Motion ca rried. (iv) City Allorncy Brotzma n presented a reco mmendati on to adopt a bill for an ordinance prohibitin g jury trials for juveniles in Municipal Court . He explained that ~urrcntly under th e j.-<:ncral penalti es of the Cily ju\'cnil cs may nol be sc n1cnccd 10 jai l. As they may not be sen tenced to jail he recommen ded that the trial by jury also eliminated . Mayor Bums quest io ned whether lhis paMCS constitutional muster. Mr. Brownan assured him it docs . The City Cle rk was asked 10 read Counci l Bill No. ~3 by titl e: COUNCIL BILL NO . 43. INTRODUCED BY COUNCIL MEMB ER WIGGINS A BILL FOR AN ORDINANCE AMENDING TITLE I. CHA PTE R 4, SECT IO N I, BY ADDING A NEW SUBSECTIO N C, ENT ITLED TRIAL BY JURY FOR JU VEN ILES . 11....,_.. Cky Couodl Au,:u,t 7, 1995 Paae 14 COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (1) (Iv) • COUNCIL BILL NO. 43. Motion carried. Ayes : Council Mcmbcn Hathaway. Vormiuag. Wiggins. Habenicht Waggoner. Waldman, Bums Nays: •.Jone (b) Appro,·: on Second Reading There we,c no odditional ilcms submitted for approval o, second rna<'ing. (Sec Agenda llem 10 -Conscnl Agenda.) 12. Gatcnl Discuuion (a) Mayo(s Choice I, Mayor Burns s1a1ed tha1 we did no1 r=il'C. ir lhc Scna1e version of th< ~,,dgc 1. lh<: ligbl rail funding roquc:st of SIS million . The SIS milli on incl•.dcd $6 million for final planning and spccificalions, $7 million for ri ghl-of-w.iy acquisitions and $2 .ru!hoa for lhe Cinden:lla Cily n:d<,'Clopmcnt. He staled 1his project is far from de.id and then: may be other sowa:s of funding . He stated the National Highway System Bill is still ali\'C and ~i ll be put to bed in September and that can autho rize new starts for the legislation . 2. Mayor Bums slalcd thal he was able 10 panicipalc in National Nigbl Out. visi ted several pl aces and found it 10 be an excellent experience . 3. Mayor Burns arlviscd thal be ns at Ted's Custom Tailor 's on Salurday and was told 1ha1 then: was a bn:ak -i n al the ston: next to bis. The burglars had cul the window out. He Wldcrstands thn:c or four places"= hit at the same time along Broa<h.ay and thal this happens a IOI. He asked for information on tbr police palrols in that area and how IJ,c police dcpartmcnl coordinalcs with the burglar alam1 systems IU this se<:ms to be a constant threat to lhc businesses along Broa,Jway. (b) Cou nci l Mcmbe(s Choice (i) Council Member Hathaway . n:poning as a member of the DRCOG Board of Dircc1ors. rc.-poncd that Eric is requesting that we allow them a 208 Pcnnit for expansion of their sewer treatme nt plant. She advised that Counci l may rcc:ci\'e calls from Eric council members relative to this request . Ms. Hathaway advised that there is kind of a co nsensus of the DR COG Board that since Eric h,1s hi storicall y sho\\11 that they cannot com pl y wi1h thei r dii:c!1arr,c nnit regulations that maybe ii is not at this time an astute move to allow them 10 expand thei r plJnt. She sta ted that at thi s f me she \\ill bf \'Oting no to their expansion request . (ii) Council Member Wiggins : I. He asked 1ha1 Conncil Member Habcnichl clarify her E-Mail message thal asked if we liked 1hc walls/Dartmouth dccoralions . She confirmed tha1 this is the low rise. the cin:ular half moon lhal goes up on the west side . Mr . Wi ggins asked what control 1he City has over the Highway Departm ent. Maror Burns advised thal lh is issue came up al lhc Tri -Ci ties mccling lasl week and Dircclor Esterly advised 1ha1 1hosc arc modular and can be lifted out Mr . Bums asked Council Member Habcnichl if 1he next step is to appro.1ch the Hi ghway Dcp.,nmcnl. I I I I EoaJtwood Clly Council Aupll 7, 1995 Pase 15 Council Member Habenicht said yes, but noted they intend to look at the original drawings to sec how that tracks with what was pracnted. She advised that most or the Littleton City Council members arc not happy \\ith ii. Mayor Bums sai d it was probably an honest attempt to make the wall look belier, but he agrees it is prett y strange . Counci l Member Wiggins asked lhal Council rccci,•e copies of the ori ginal plan for comparison . Counci l Member Habenicht agreed and added that that is what U,cy askro • al tl\C Tri-Ci ti es mocting . Council Member Hathaway commented that that particular design,,.,.,." •• or pattc m ibc clluu she ll design that exists in the Down to\1111 Development Authorit}' ~ ,,IY; Jt, f that. gn.nted. it is not n perfect representation of it . bui ,: ~ paucm it and m....,~,l ,rr~\I •• l:.11 1 they had in mind. Counci l Member Habenicht c.xplaincd that it was suppose to ;-e i"' . .et h.mg to break up the mollOlony of wha t \11'3S considcn:d an ugly wall and this was the so lution . S1 -: ~· d lh...: sh ·~ was looting for so me focd back ,;ith her E-Mail me.<sage. Discussion ensued. 2. Mr. Wiggins a<hiscJ that there is a weed problem at the pri\'atc lot at the northeast comer of Huron and Bellevi ew. which occurs ann uall y. Also. he noted there arc weeds at the southeast corner of Hickory and Prentice . J. He asked ir South Suburban polled a pcnnit for the concn:te woric along the sidcw.!lk on the \\<St side of South Suburban . adjacent to Windermere and ir they will be co rn pl)ing \liilh City concrete requirements. 4. He stated the sprinklers at Belleview Parle ncod 10 be adjusted as there arc some di)• spots and he advised he has talked 10 Chris Ko rba about this and he \\i ll take care or it. (iii) Mayor Bums asked if they ever got au anS\\cr on th e landsca ping issue al Windennere and Belleview outside tile renccs for the ball field . He stated they mowed it. but it is a mess and he asked ir there is any plan 10 landscape the area . Counci l Member Wiggins stated he has plans and he offered to brin g them in . Di scussio n ensued . (iv) Counci l Member Waggoner : I. He slll led al Nati onal Night Out he received three co mplaint< thal he wanted to pass along . He ""' told th e street by Juli a Temple . al Girard and Lafayette . never gets S\,c pt. He ""' ad\i scd that people arc sti ll turning lei\ a11he inter=tion or Broadway and Floyd and they suggested directi onal arrows on the pa\'ement or at least some good enforcement. Also , sc\'eral peopl e complained abou 1 the lack of visi bil ity or patrol officers in northeast Englewood. as they do not sec officers in that an:a very often . 2. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TllA T COUNCIL SUPPORT THE PARADE ASSOCIATION IN THEIR EFFORTS TO SPONSUR THE HOLIDAY PARADE IN ENGLEWOOD BY , 1 -~T RIBUTING SOME IN -KIND SERVICES TO THE EXTENT OUTLINED BY THE CITY M , · 'GER AND BY CONTRIBUTING MATCIIING CONTRIBUTIONS NOT TO EXCEED Sl,000. la&lffoed City CO',acll ~7,lffl Pqol6 Council Member Wiggins noted Coo.ll'I< l 's Aid 10 Other Agencies Budgci Is SlOO In the hole . He asked ~ he re lhc funds will come from . Mayor Bums stated he felt lhc moti OI •i<>uld be made subject to avai lability of funds . Council Member Wiggins sta ted il Jc.,1 U i' the Parade Association is going lo be able to raise the funds and "ith what they have it appears the; ,,, conic very close 10 whal Ibey want Counci l Member Waggoner stated he l>ill leavc his motion as stated. Council Member Wiggins stated he will ",.. for lhc first part oflhc motion, bur noc 10 give them any more money as lhc:y have enough in.;.,,.s _,;ces, ""II over $5 ,600 . Mayor Bums asked ir Council Member \",.:t ggoncr \\ill be \\ii ling 10 splil his motion 10 ,·otc first on supponing the Parade Association aLlJ t.hcn second on the money. Council Member Waggoner rcilcrntcd th:u he wanted to vote on tl1c motil'n as M.-U cd . Vote rcsulu: Ayes : Council Members Vom1ittag. Habenichl , Waggone,, Waldns1 n Nays : Council Members Hathaway. Wiggins. Bums Motion carried. Mayor Bums stated that the only n:ason he voted against it is because they do not know where the money is oo ming from and he did not feel comfonablc doing thal. He nored he certain ly supports rhe ;1.irade . Council Members Wiggins and Hathaway concurred 11i1 h Mayor Bums comment (v) Counci l Mcmher Waldman : l . He advised that there is a malfunct ion ing li ght at Pcnnwood Circle and Bellewood Dri ve . 2. He stated that he spoke at length "ith the block captain for the section of South Pearl Street located on the cast si de of Duncan Par!<. regarding the opening of the restroom at Duncan Park . He ad,iscd thal previously he has discussod this issue "ith residents on South Pennsylvania Street. ·nie oonccms ,·oiccd 10 Mr. Waldman bY lhc residents in\'olvc lighting in lhc park, problems with the l."O ndiuon of the restrooms and lhc unattracti\'c appearance of the temporary port-a-potties . Mr. Waldman suggested placin g a "ood camou fl age around lhc pon-a-pollics rather tha n trying to re-open the n:suooms. Council Member Habenicht staled that the area in question was one of her neighborhood watch slops and ~he has discussed the probl ems "ith the residents there. She related that some of lhc impro\'cmcn1 s in lighting h.we been done and she understands that although some of the lighting projects lake a litll e bil of time . they ,.;11 be accomplished . Ma)or Bums requested a further i'Cport on what's going on there and what the plans arc. 3. He relaled tlLit he discussed the incident al th e Engle11ood Golf Course relating to an alleged liquor violation ni th th e president of the men 's club . Mr. Waldman said that . if Counci l has further discussions on lhc matter. he would like to receive input from persons who were present during the Incident so !hat all poin ts of view will be heard . 4. He received hm mcss.,gcs on his answering machine from a woman requesting he call Represcn1n1ive Dan Scl111efc 1 about nn issue nboul whi ch he ILid no knowledge . He asked about the appropriate response lo thi s l)'pc of request . I I I I Ead<w-Cky Council A•ptl 7, lffl Pa&el7 Cooncil Member Hathaway said she feel s the response is the pmonal choice of the Council Member . Council Men.Le, Hall<'nicht stated that she , too, received• cal l from thi s group and was ab le to make several phone calls. ,ner which she dctennincd this was not a municipal issue . 5. He asked about the status of the Home Lumber propcny. ti.tr. Clark stated that he Yiill find out when the appraisal on lhc Dropcr1y is due . (vi) Council Mcmocr \'.'~ggoncr : I. He thanked staff for looking at signal policy , noting that some ornic lights \\i ll be flashing much earlier. 2. He noted rcp;ir of the dam is slow and he expn:sscd his desire tlc1l the work be speeded up . 13 . City Manager's R,pon (a) City Manager Clark discussed Cinderella City. He said that all subsc,ntive issues have been agreed to by Equitable and the Cit)' except for the cmironmcntaJ cleanup rcsponsibilily. r ; ,·table 's enginee ring department has prepared prclimina;y cost estimates. which the City· rece ived today. They \\ill not yet be released publicl y. Miller-lGtchcll has asked Mr . Clark to be a go-be twee n in negotinll ll!IF "i th Equitable. He related that the purchase and sale agreement whereby Equitable deeds the shoppi ng -:enter to the City is being reviewed by Equitable . He said that he and Mayor Bums are scheduled to nw ,; '1 th Mcrcanti lc -s corporate officers on August 22 . 1995 in Cincinnati . He said he has nothing DC\\ to 1.:po rt \\ith regard to Montgomery Wards . (b) City Manager Clark requested Council approve Mayor Bums ' accompanying him to Cincinnati on AlJgust 22nd , Discussion ensued regarding the OCCC$ity of Counci l's \'oting on c.xpcnditurcs of Lhis type when the funds are not being taken from Council's budget. · COUNCIL MEMBER VORMIITAG MOVED, AND IT WAS SECONDED, TO AUTHORIZE MAYOR BURNS TO ACCOMPANY CITY MAN AGER CLARK TO TRAVEL TO CINCIN NA TI TO MEi.:T WITH RErRESENTATIVES FROM MERCANTILE. Ayes : Council Members Hathaway , Vorminag. Wiggins. Habenicht. Waggoner. Waldman . Burn s Nays : None Motion carried. (c) Cil y Manager Clark recom men ded that Counci l go in10 Exccuti\·e Sess ion immedi at ely follo"ing the City Council meeting to discu.s! ~ -:-rsonncl matter . COUNCIL MEMBE!l HABENICHT MOVED, AND IT WAS SECONDED, TO GO INTO EXECUTIVE SESSION IMMEDIATELY FOLLOWING TUE COUNCIL MEETING TO DISC SS A PERSONNEL MA ITER. Motion carried. Ayes: Council Members Hathaway , Vom1ittag, Wiggins , Habenicht , Waggoner . Waldman . Bums Nays : None EnsJcwoo4 Cily CCMladl Aucull 7, lffl P ■~ II 14. City Atloraty'1 Report Cil y AIIOrtlC)' Brotzman did not have any maucrs to bring before Council . IS . Adjournment MAYOR BURNS MOVED TO ADJOURN . The meeting ldjoorru:d at 9:SO p.m. ,:~tf fl{ ✓City erk I I