HomeMy WebLinkAbout1995-09-05 (Regular) Meeting MinutesI
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COWRADO
Regul ar S.ulon
Se11tembcr 5, 1995
Call to Order
TI1c rcgulnr meet ing or the Englewood Ci 1y Counc il wns ca lled to order b) Muyor Pro Tcm Haben ic ht at 7:34 p.m
lnmcalion
TI1c in\'ocat io n was gi\'c n by Co unci l Member Wi gg ins.
J. Plcdic or AllcRi anrc
The Pledge or AJlcgiancc was led by Mayor Pro Tcm Habenicht
~-Roll Call
Present
Absen t:
Council Members Hathaway . WaJdman. Wiggins. Habe nic ht .
Vom1it1ag. Waggoner
A quorum was present.
Mayor Bums
5. Minurcs
Also present: City Manager Clark
Ci ty Anorncy Brol7Jnan
Assist:1111 10 1h c City Manager Grace
Deputy Ci ty Clerk Castle
EMS Coordinator Ulrich
(a) COUNCIL MEMBER WIGG INS MOVED, f .ND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 21, 1995.
Ayes : Cou nci l Members Hmhaway, Vom1i1L1g. Wi ggi ns. Habc ni ch1 .
Waggoner. Wald man
Na)s: No ne
Motion carried .
Absc nl: Mayo r Bums
6. Schedu led Vi si1ors
(a) Ken Hnm ldse n. JO 18 South Washington Street , was present to discuss Agenda Item
11 (b) (i). an ordinance pcna ining to potbellied pigs. Mr. Haraldscn c.q,rcsscd suppon for all o"ing
resi dents of Englcw1X>d 10 own such pigs , staling that they arc in1clligcn1 . easy 10 train and \'cry clean . He
s.ii d tlc1 t a reside nt of hi s block owns one and he find s it delightful.
[aaJ<wood City Council
S.picmberS, 1995
Pace 2
Respondin g 10 Counci l Member Vonnillag, Mr . Har.ildscn staled thal his neighbor 's pig is li censed and
he Is unsu re how long he has had ii . He said the pi g is confined in the back ya rd and 1he 0"11er docs nol
t.'lkc ii out for walks .
7. Non-sc heduled Vl1lton
n) Janek Remillard. 4550 Soulh Knox Co urt , exp lai ned the physical and social
chame1cris1ics of pigs o.s well as some interesting hi storica l infonnaUo n. He fee ls I.hat potbellied pi gs
111.,kc cxcc llcn 1 pets if properly cared for .
Responding 10 Counci l Member Vormillag, Mr. Remill ard said he feeds a special pig diet to hi s pig which
ca n be purchased in moSI feed st ores .
8, Communkattious, Proclamation s and A11 11oin1mcnts
a) A Procla m,11i lm dec lari ng the week of Scp lcmbcr 17 throu gh Scplcmbcr 23 . 1995 as
Consti tution Weck was co nsidered .
COUNCIL MEMBER HATHAWAY MOV'£D, AND ITWAS SECONDED, TO APPROVE A
PROCLAMATION DECL.~ii;i,G THE WEEK OF SEPTEMBER 17 THROUGH SEPTEMBER
2J, 1995 AS CONSTITUTION WEEK IN THE CITY OF ENGLEWOOD .
Ayes : Council Members Hathaway , Vorminag. Wiggins, Habe nicht .
Waggoner, Waldman
Nays : None
Abscn1 : Maror Bums
Motion carried .
9. Public Hearin~
No public hearing \\':lS schedu led bcrorc Counci l.
10. Conscnl Agend;a
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (i) TH ROUGH (iii) ON FIRST READING
(a) Approve on First Reading
(i) PROFESSIONAL ENG INEER ING SERVICES FOR THE
LIT!l..ETONIENGLEWOOD WASTF:'.'.',\TER TRE ATMENT PLANT PHASE lb EXPANSION .
(ii ) RESOLUTION NO . 5'l . SER IES OF 1995
A RESOLUT ION ADOPT ING AN INVESTMENT POLICY FOR THE CITY OF ENGLEWOOD .
Vole results:
(iii) APPROVAL OF CITY MANAGER 'S EMPLOYMENT AGREEMENT.
Ayes : Council Mcm~rs P,ath.1way, Von nit t..1g. Wi ggi ns. Habenicht ,
Waggoner. WakJ111 .. 1n
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En&Jewood Clly Council
September 5, 1995
Pai:e 3
Nays : None
Absent Mayor Burns
Motion carried .
COUNC IL MEMBER HAT HAWAY MOVED, AND !TWAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS IU (b) (I) THROUGH (vi) ON SECOND READING.
(b) Appro\'C 011 Second Readi ng
(i) ORDINANCE NO. 45. SERIES OF 1995 (COlJNC IL BILL NO . 48),
INTRODUCED BY COUNC IL MEMBER HABENI CHT
AN ORD INANCE AMEND ING TITLE 4. CHAPTER I. SECTIONS I AND 2, OF THE ENGLEWOOD
MUNICIPAL CODE 1985 REQUIRING COUNCIL TO REVIEW AND ADOPT A INVESTMENT
PO LI CY BY RESOLUT ION ANNUALLY .
(ii) ORD INA NCE NO . 46. SERIES OF 1995 (COUNCIL BILL NO. 49),
INTRODU CED BY COUNC IL MEMBER HATHAWAY
AN ORDINANCE AUTHORIZING AN EXTENSION OF TIME FOR THE 1994 ARAPAHOE
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE
ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD TO
Al.LOW FOR THE COMP LETE EXPENDI TURE OF FUNDS .
(iii) ORDINANCE NO . 47 . SERIES OF 1995 (COUNCIL BIL L NO . 52 ),
INTRODUCED BY COUNC IL MEMBER HATHAWAY
AN ORD INANCE APPROVING A LEASE BETWEEN CRAIG HOSPITAL AND THE CITY OF
ENGLEWOOD , COLORADO TO OBTAI N AIRSPACE OVER A PUBLI C STREET, SOlJlll
CLARKSON STREET. BEl WEEN EAST GIRARD A VENUE AND EAST HAMPDEN A VENUE , FO R
THE CONSTRUCTION , M.l!NTENANCE AND OPERATION OF A TWu LEVEL PEDESTRIAN
OVERPASS .
(iv) ORD INA NCE NO . 48. SE RIE S OF 1995 (COUNC IL BILL NO . 54),
INTRODUCED BY COUNC IL MEMBE R VO RMITIAG
AN ORDINANCE AMENDING TITLE J, CHAPTER 6. SECT IO N 7. SUBSECTION 7, OF THE
ENGLEWOOD MUN ICIPAL CO DE 1985 . INCREASING THE BENEF ITS FOR RETIRED MEMBERS
AN D BENEFI CIA RIES OF THE ENG LEWOOD !'ON-EME RG ENCY EMPLOYEES RETl.!lEMENT
PLAN DY 3%.
(\') ORDI NANCE NO . 49. SERJES OF 19°1 (COUNCI L BILL NO. 55).
INTRODUCED BY COUNCIL MEMBER HA THA WAY
AN ORD INANCE AUTHORJZ ING AN INTERGOVERNMENTAL AGREEMENT ENTffiED CITY
DITCH/HIG HLIN E CANAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO ,
AND THE CITY AN D COUNTY OF DENVER. COLORADO.
(\'i) ORD INANCE NO . 50, SER IE S OF 199 5 (COUNC IL BILL NO . 16),
INTRODUCED BY COUNC IL MEMBER HA lliA WAY
Eopewood City Council
September 5, 1995
Pa&< 4
AN ORDINANCE AUTHORIZI NG AN ll'ITERGOVERNMENT AL SETI1.EMENT AGREEMENT
BETWEEN TI-IE CITY OF ENGLEWOOD , COLORADO, CITY AND COUNTY OF DENVER,
COLORADO AND CYPRUS CLIMAX METALS COMPANY PERTAINING TO WATER RJGITTS .
Vole rcsult1:
Ayes :
Nays:
Absent:
Mo1ion carried.
Council Member, Hathaway. Vormillag. Wiggins. Habcnichl.
Waggone r, Waldmnn
None
MayorBwns
11 . Ordinances, Rcsolulion s and Motion s
(a) Approve on First Read ing
(i) Ji m Ulrich . EMS Coordin.1 1or for the Dcp.1nmcnt of Safet y Scn•iccs.
recommended approval of aulhori1,.31fon for the City M.inagcr to npprorc con1mc1s "ith mnn.1gcd hc:illh
care companies for providing emergency transpon.1tion services to their clients .
Respon di ng 10 Council Member Wiggins. Mr. Ulrich staled lhal lhe City has been successful in nxciving
p.1ymcnts from the ambulance se rvice in the pasl and the number of peop le asking for payment subsidies,
so far. is si.,c .
Council Member Habenicht asked if then: \\i ll be any differentiation for residents. Mr . Ulri ch responded
that a discount is ncgotialcd for IOo/• to 15% \\ith the ma.nagcd health care companies for residents who
subscribe 10 th em. TI1e di scou nt currently given to uninsured residents is 20-/o. so the City will actually be
making more money with the man.1gcd health care comp.1nies .
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO ALLOW TIIE
CITY MANAGER TO APPROVE AND ENGAGE IN CONTRACTS WITH MANAGED HEAL TH
CARE COMPANIES FOR PROVIDING TRANSPORT SERVICES TO THEIR CLIENTS.
Ayes : Council Members Ha1haway. Vom1i1tag. Wiggins. Habenicht .
Waggoner. Waldman '
Nays : None
Absent · Mayor Bums
Mo1 ion carried .
(b) Approve on Second Readin g
(i) Co unci l Bill No. 50 . allouing for and rcgul :uin g mi ni ature Vietnamese
pol bellied pigs by issuance of a pcnnit was consi dered .
COUNCIL MEMBER WAGGONER MOVED, AND ITWAS SECONDED, TO TABLE
COUNC IL BILL NO. 50 INDEFINITELY AND INSTRUCT THE CITY MANAGER
ADMIN ISTRATIVELY TO ALLOW UNTIL SEPTEMBER JO , 1995 FOR OWNERS OF
UNLICENSED POTBELLIED PIGS TO OBTAIN A ZOOLOGICAL PERMIT WITH THE CITY
AND GRANDFATHER IN THE EXISTING POTBELLIED PIGS.
Ayes : Council Members Hath.1way, Vonnittag. Wi ggins , Habeni cht ,
Waggoner. Waldman
Nays : None
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E■ckw..,.. City Council
Sepkmber 5, I 995 , ... s
A!Y.cnl:
Motion carried.
MnyorBums
Mayor Pro Tcm Habenic ht clari fied •.hat this will create a window or oppor1unity for owners of currently
unlicensed pocbcllicd pi gs to obtain a 1.oologi cal pcm1i1 and be grandfathered in prior to a moratorium
cre:1tcd by postponing the issue for an indefinite pr iod or lime .
(ii) An ordinance aut.hori z .ng the sale of the City of Englewood FcdcraJ Fire
S1n1ion propcny, localed al 4065 Soulh Federal 13-0ulc,'llfd, was considered.
The Deputy City Clerk re.id Ordinano.: No. ! 1 by title :
ORD INANCE NO. 5 I, SERJES OF 1995 (COUNC IL BILL NO . 57), INTRODU CE D BY COUNCIL
MEMBER WIGGINS
AN ORDINANCE AUlllORIZING THE SALE OF THE CITY OF ENGLEWOOD FEDERAL FIRE
STATION LOCATED AT 4065 SOUTH FEDERAL BOULEVARD .
COUNCIL MEMBER WIG GINS M<Jv,·o, AND !TWAS SECONDED , TO APPROVE AGENDA
ITEM II (b) (ii) -ORDI NANCE NO .~•. SERIES OF 1995.
Ayes : Council McmbcB Hathaway . Wiggins. Waggoner. Waldman
Nays : Council Members Vormittag. Habenicht
Abse nt : Mayor Bums
Motion C'UTicd.
12. General Di s.:ussio n
(a) Mayo(s Choice
I. Ma yor Pro Tcm Habenicht sha red \\itb r.o,LnCil that Arapahoe County may take to a vote of the
people a proposed s.,Jes tax to help fund ccn.1in fu11ctions of the County . May\lr Pro Tem Habenicht
related that shi: attended n Comuy Commissioners meeting al Mayor Bums ' request. She requested at that
meeting that the Co mm issioners postpone a decision on this matter until such time as the City of
Englewood co,dd look further into the proposal and how it might affect us . The Commissioners agreed to
posoponc deciding :•hc1hcr 10 pl ace 1hc questi on on lhc ballol until Monday, Scplcmbcr 11 , 1995 . She
in\'ilcd discussion frmn Council. Ms . Habenich t related that some co nce rns \'o iccd by staff include the
fact that the additional sales ta.\: burden will affccl muni cipal competitiveness within the melro area.
ha\'in g a negati\'c impacl on those cities th.11 alrc.1dy have a hi gher s::1les t.1x co mp.ired to the cities
ndjace nt 10 us. an d the fact thal the S1ntr. has been promoting a sa les ta.\: for highway s. Another issue that
st:1ff has helped idemify. she said, is our competing ballot issue in\'olving funding of Salc1y Scniccs
communi cations issues and concern that the County Rl.1)' not ha\'e looked i1110 nltcrnati\'e so urces of
funding . Also. she s.1id. the 9 11 charge for co mmuni cat ions has been reduced .
Ci ty Manager Cla rk sai d auothcr co ncern is that pan or the County's propos.,l includes a jail c.,:pansion.
co unhousc remodeling and c.xpansion of the District Attorney 's offi ce . Since these arc building
improvements and will 11.1,·c lasti ng value. one of the conccms is whether tllC County Commissioners have
considered financing thmu gl· 'le s.ilc of bonds . He said we arc in a favor::iblc credit m.irket and interest
rates should be ra,'Orable. ~ .... re importantl)', he stated. the costs can be spread. not only over the broader
ta.x base , but over the life of Lhe imp rove ment s.
En&lewood City C .. KII
Stptembu 5, 1995
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Com1cil Member Hathaway suggested dmning a lcucr to the Commissioners stating 1ha1 the City of
Englewood has no problem "ith the tax, BS lon g ns th ey exempt Incorporated municipalities. She feels the
unincorporated pan of the coun1y bcncfi1s more from the county services, anyw.1y, ""ith the cxCCJ)lio n of
the jail and th o couns.
Mayor Pre, Tcm Habeni cht said that double taxation or municipal residtnts was also Identified by st r as a
co ncern . She said 1ha1 staff ,.;11 be meeting 10 draw up A leller or concc, n, "i lh Council 's suppon .
Council Member Hnth.Jway suggested th.1.11. since Council will not be me eting again before the
Commi ssione rs m,cct to decide the issue , a decisio n should be m.1dc as io whal th e lcnc r shou ld include .
Cou nd l Member Wig Yns sai d he docs not suppon the tax unlCM incorporat ed nrcas are c.xcludcd and
docs not reel Englewood ,.;u benefit rrom it .
MAYOR PRO THI HABENICHT MOVED, AND IT WAS SEC ONDED, THAT COUNCIL
TAKE A POSITION OPPOSING THE SALES TAX UNLESS IT ONLY APPLIES TO
UNINCORPORATED AREAS OF ARAPAHOE COUNTY, AND SEEK ALTERNATIVE
FUNDING SOURCES.
Council Member Hathaw:iy sa id
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that the concerns voiced by staff should be included in lhc letter.
Ayes :
":,,ys :
Absent
Motion ca rri ed .
Counci l Members Haih.1way. Vonni1t..1g. Wiggins. Haben icht.
Waggo ner. Waldman
None
Ma yo r Bums
2. She ca lled 10 Counci l's attention an RTD Board meeting 10 be hold September 19, 1995 10
consi der rund ing. budget propos.1ls and di scussio n of light rail for the southwest co rridor . She asked that
Assistant to the Ciry MaMgcr Grace E-Mnil the mcc1ing notio: to Council .
(b) Council Mcmbe~s Choice
(i) Cou ncil Mcrubcr H~llhmvny related that she has gi\'en some infonnatio n to Cit)'
Anomcy Brotzm.111 and requested thnt the City look at drrl fling a compromise as pa rt or the home
occ up.1lions issue in lhc RIA District to allow chi ld ca re facilities as a co nd itional use. She sai d there nrc
SC\·enlccn stale licensed childca re facililiL:S in RIA currently. so me of whic h have been in C.l(istencc for
1wcmy years or more .
(ii) Council Member Vonninng sa id he has SC\·crnl arc.1s of concern for City
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Manngcr Clark . He expressed di slike for lh..:-City Ml nngcr's visio n for the Cily, s.1ying lhat he had not
asked ci1i1.cns wlull 1hc visio n should be . Al so, he said Mr . Clark Isis ncm asked him for hi s pcoon.il I
opini on on an)1hin g and he docsn 'I feel he cares what Mr . Vormiltag 's opinion is . lie also c.xprcsscd
diss.i1i !faction \\ith 1he way Mr. Clark hires a nd fires employees . He staled that he would like 10 know th e
duties of AssiSlnnt 10 lhc Ci1y Man.1gcr Grace in a detailed job desc ripti on. He complimented City
Mar-1gcr Clark on the good job he Isis done on Cinde rell a City.
(iii) Co uncil Member Wiggins sni d he would like 10 have Code Enforcement look :u
J 396 So uth Acom., Street. He sai d there is :t \'Ch ic le I he re "'i lh expired pl ates, SC\'Crn l \'Chicles and trash
in 1he driven-:1 y. Also. bc lwccn th e alley of8ro.1dway and Acom., in '.hc-'300 block near the pcrsonnCI
service nnd Liquor B.1rn . there arc :1 rew vc l1iclc s wilh code \'iolalions .
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(iv) Cound l Member Waldman asked th.it the homeowner al Pc.:irl Strcc1 and
L:1)1011 A,-cnuc , directly across the street from Duncan I nrk. be contaclcd nbou1 lhc ir trees which arc o,'Crha nging Lhc sidewalk .
13 . Cily llfana~cr's Rc11 or1
(a) Cily Mall/lger Clark spoke lo lhc Cindere lla Ci ty report for Augusl 31 , 1995 , pointing
ou 1 th.al. und~r Millcr-Kilchcl,. 1tw: draft dc\'c lopmcru agrccmc n1 is for all practical purposes complc1cd
001 "~ arc still 11~i 1ing on lhe impl emen1mion cxltibi1. He louehcd on each ilem or 1he report , explaining the current stmus of lhc project .
(b) Mr. Cla rk introd uced lob Simpson, U1 e new manager or lhe Neighborhood and Business
Dc\-c.lop mc111 Di\ision. Mr. Simpson p• :viousl~ worked for the Ci1y of L.1kcwood .
(a) Cil) Allor'lcy Brotzman distributed a resolution cona-ming ncgoliation and a potential
condcmn.11ion action rcgardil,!! a piC('f" ::-;-ropcny needed for parks and recreation purposes.
TilC rcsolu 1io n w.is assigned n number and read by tit le:
RESOLUTION NC fl , SERIES OF 1995
A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF AN EASEMENT ON
CERTA IN LANDS WITHIN THE CITY OF ENGLEWOOD , COLORADO TO PROVIDE iMPROVED
RECREATIONAL FACILITIES IN THE CITY OF ENGLE WOOD. COLORADO.
COUNCIL MEMBU WAGGONER 1110VED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 14 (a)· RESOLUTION NO . 60, SERIES OF 1995.
A)cs : Council Members Hmhaway. Vonnittag. Wiggins. Habenicht.
Waggone r. Waldm.1n
Nays : None
~forio n ca rried . 4-bscm : M,1}or Burns
15. Adjournment
COUNCIL MEMBER HATHAWAY MOVED TO ADJOURN . TI1e mcc1ing adjourned al 8:16 p.m.