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HomeMy WebLinkAbout1995-10-02 (Regular) Meeting MinutesI I I. Call lo Order ;."i'!Gl".EWOOD CITY COUNCIL ENGLEWO \r, ARAPAHOE COUNTY, COLORADO Rqular Seaaioll October 2, 1995 The regular meeting of the Englewood City Council was called 10 order by Mayor Bums al 7:39 p.m. 2. lnvoc11ion The invocation was given by Counci l Member Wi ggins. 3. Pl edge ol Allegiance TI,c Pledge of Allegiance was led by Mayor Bums. 4. Roll Call Presen t: Absent: Counci l Members Hathaway. Waldman. Wiggins . Habenicht. Vomlittag. Waggoner. Bums None A quorum was present 5. Minutes Also present: Ciry Manager Clark City Allorncy Bn>12m:1n k sistant to the City Ma.Mgcr Grace City Clerk Ellis Director Gryglcwi cz. Financial Services (a) COUNCIL MEMBER HA TIIAWA Y MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAJl MEETING OF SEPTEMBER 18, 1995. Ayes : Cowicil Members Hathaway. Vormiuag. Wiggins . Habenicht . Wraggoncr. WaJdman. Bums Nays : None Motion carried. 6. Scheduled Visiton (a) Lora Swcpston. a schedu led ,isitor . \\ilS 1101 prese nt. (b) Joan Smallwood. 4737 South Fox. addressed the issue of home occup.1 1ions as it re lat es to daycare , She noted th.it Council is sumcwhat familiar with her si tuation . that she moved to Englewood three months ago and si nce then has been asked IJy the Ci1y to lcrminatc her business of pro,•iding daycare . She sta ted that it has come to her a11cnt1{}t1 the result of a little rcscnrch . since she last spoke \lith Council , 1ha11l1crc arc 16 liccnscd daycares •11 ll>c R-l ·A areas of Englewood . She remarked lhat some of those daycare homes have existed fo r 20 )l.l\l'i and several of the lndic.-s are prcscnl th is eveni ng. Ea.,.,.0GdChyCCN1ocll 0cloller1, 1995 Pap, 2 Ms. Small"ood maintained lhal as she is pn:acn~y the only one thal has been n:qucsted 10 1crmina1c her business, wluch she rcprds u somewhat diocrimillllo,y. She said lhat she has been told lhal she is the onl y one 1ha1 Building and Zoning could dctcmlinc was doing dayCIJC. Ms . Smallwood pointed 0011ha1 daycarc is not a black market business. bol a very public business wilh names, addresses and phone numbers avai lable 10 anyone looking for child can:. She noted lherc docs not seem 10 be a very good method ol' cnforccmcnl for boilding and zoning lypc of ordinances such as lhc ones lhal exist in lhc n:strictions or 1hc R-1-A distriCI. The curn:nl lllClhod, she pointed oul , pilS neighbor against neighbor . She said she kno"~ Council is concerned with noise. however she feels childn:n pla yi ng is a .... ry normal residential noise . She no&cd 1hat anothe r concern is traffic and, as the Stale regulations will only allow a d.iycan: 10 can: for six full time childrcn plus two before and aller school childn:n. you may be looking a1 rour 10 six cars coming imo a neighborhood twice a day. Ms. Smallwood stated she li,'CS one block from Clayton Elcmcntary School and the amount oflrnffic !Lal occurs lhr.rc ,.;,h teachers and pa,enlS is certainly not hampcn:d in an)"'~Y by just six additional cars. The other issue, she noted, was lhal daycarc ,.;11 bring undesirables or rilT ralT inlo the City. She Slated &he docs not ,cc how hard working pan,nlS wilh small chi ldren can be considcn:d undesirable people . Ms . Smallwood submiHed 10 Cooncil a copy of S1n1c Rcgula1ions for daycare. She explained 1ha1 daycarc providers arc fingerprinted and submit to CBI checks. their homes arc scrutinized by Social Services for safely and health rcgulations . She staled lhal they arc probably the only business 1ha1 has 10 give lhcir clienlS numbers and names of people 10 call if they foul up. She asked that Council consider allo"ing clients 10 come into the homes and encouraged Council 10 make an exception for d.1ycare 35 lhcy nrc \'Cf)' good for the community and compatible with the community. She called Counci l's anention to a lcuer which she assumed they rccci,·cd from Artie Grisby or me Colorado Family Child Care Association. She pointed ou11ha1 Ms. Grisby states how comp.,.tiblc cbycarc is ,,ith a communily. Ms. Smallwood noted lhal lherc is certain ly nothing more residential in a neighborhood than the rearing or childn:n. She asked lhal Cooncil table the issue for funhcr considcr:tUon and for 1hc inclusion of daycares in lhc R-1-A 1.o nc. (c) Dineen Vi11c1oc, 3822 West Greenwood. stated she is one of lhc rilT ralT as she has chosen home daycare for her child . She feels she should have lhc choice of public daycare versus private daycare during lhc mos1 impressionable years of her child 's life, from birth to six yca,s of age. She staled she chooses in-home daycare as she knows everyday who is taking care of her. Ms. Viuctoc noted thal in her instance she docs not go p35l lhc door when she drops off or pick ups her child . She maintained 1ha1 a barking dog nc.,1 door is more irritating 1ha1 listening to a chi ld ha,ing fun and living their life. She wanted Council 10 know 1ha11hc childrc.n arc the ones thal ,.;11 be alTccted by the restrictions on in-home daycare. Ms. Vi11e1oc comme nlcd that she docs not want 10 force her child in to a situation she is not ready for and remove her from U,c d.iycare situation she has known for foor years. Ms. Vinctoc stated 1lc11 at lhc time her child is ready for public school she ,.;u be old cnoogh and capoble cnoogh 10 handle a ~!..!up ii'ualion . She conlcndcd thal. if the City takes away d.1ycarc. they arc taking away a lot of inco me for the an.11. She noted that she docs not live in Englewood.. but she drives len miles oul of her way to bring her d,ild 10 the d.,ycarc home . She staled 1hat while in Englewood she stops at the local gas station, plSI <1fficc and bank . She Slated she chose Engltl'ood because she likes lhc location and lhc peop le as!.!°;~ ·t~ls it is safe and secure . Ms . Villetoc commented lhat she represents a lot of the people from her chilcl'!' daycare home . She commen1cd that by eliminating daycare they arc also taki ng away an individua ls ri gh t to cam a living mthcr than go on welfare. Ms . Viuetoc asked that Council talcc her concerns into consideration . (d) Tish Bea uford, President or the Engltl'ood Jaycees, sta led she is pulling in a last lobby clTon 10 persuade the Conncil 10 grant funding for the Englewood Jaycees . She noted that the Jaycocs ha,'C existed in the Ci ty for over 60 years, 1hcy arc non-profit and ha\'c given unlimited and unselfish community senicc to lhc City. Ms. Beauford staled that lhc Jaycees community projccts include working ,.;o, lhc Engltl'ood R<ercalion Center lo host lhc Easter egg hunt and facililale the Halloween cami\'31 , they help raise funds lo suppon Cla)10n Elc1ncn1ary School 's AELC Program for low income families and I I I I E ■&lewood City Cou ■cil October 1, 1~5 P11<3 help facilitalc bingo for Craig Rchabilitalion Hospital . She staled Iha! in 1995-1996 lhe Jaya:a plan lo implement an "Englc"ood Hip), School Studcnl oflhc Tenn". 10 acknowledge academic excellence. sports activily and communiiy service . In addilion. she s~11ed lhal lhc Ja ycees arc very active in lhc Colorado Aids ProjCCI . Ms. Beauford explained Iha! lhc Jaya,cs ope"'lc strictly on donalions and !hey nppra:iatc any funding lhc Cily may be able lo offer . She advised lhal lhe Englc..ood Junior Chamber or Comrncra: will be hosting a Crime Fra: America Seminar 11 lhc Englewood Chrunber orCorruncroc office al 770 West Han1pdcn. Suilc 100, on Ot1obcr IS . 1995 at 6 :00 p.m. Ms. Beauford staled ii is free, open 10 lhc public and is a great "'"l' lo learn 10 prolCCI younclf from crime. In clooing Ms. Beauford Slaled lhal she hopes Council will find a way to aulhorizc whalcvcr funding lhcy deem appropriale and lhal lhc JaytCCS look forward 10 worlting with the Cily in 1995 and 1996 , 7. No■-Kbcdulcd Visitors (a) Julie Gritter. 2895 South Bannock . stated she has lived at this addn:ss for 13 ycan and has just become licensed by 1he Stale or Colorado 10 provide home d.1ycarc . She poinled oul lhal 10 become liccnscd by lhc SU1e she had 10 be fingcrprinled , a background check ""' cond ue1ed. all or her family mcmben had 10 ha\'c physicals. her yard and house wcrc checked oul by lhe Slate, she attended 12 to IS hours of classes and she is licensed in CPR and lirst aid . Ms . Griller advised she made the choice lO go into the daycarc business after being in the ""ricing ""rid for I l lo 15 years. She addressed lhc concerns regarding traffte and noise. M, Griner stated there is not 1ha1 much ooditional traffic except belwccn 7:~S a.m. and 8:30 a.n>. and lelwccn 4:30 p.m. and 5:30 p.m. She advised lhal she cares for four full-time chi ldren al this time. ''"' of them being brother and siS1cr . Conscqucn1l y, thcrc arc only lhra: additional cars coming to her home . She sai d lhal lhc parcnlS she provides da)<:an: for arc very hard working people. nor riff raJI Ms. Griner Slaled tllll lhcrc is no n:al addilional noi,: ond 1ha1 barlcing dogs, can speeding do"TI lhc stra:t and some neighbors an: more irri lating. She a<l w. J that lhc Stale restricts home dayca re prmidcrs 10 six full-umc and two pan-time children . Ms. Griner sta led she is also a \'cry acii\'c block captain in the Neighborhood Walch Program . (b) Vera Monlez. 2925 Soulh Elati Slrect , staled she is a licensed child care provider . She commented tha1 she "ill t"!' 10 address issues thal ha,-e OOI been CO\-ered by previous spcaken. Ms . Mon1cz acMsed 1ha1 some daycare. providcn arc oo lhc Food Program and lhcy arc checked four times a year 10 make sure 1hcy feed the children righl and ha\'e lhe righl number or ch ildrcn . They arc inspected yc.,rly and most anend six houn or !raining yearly. She nOled lhe commcnl from a previous Council mecling rcgarding ri lf rrufboolClcd her. Mayor Bums asked wh ere the riff rarr comment came from . Ms. Montez stated it was a comment that was made about a month ago . Council Member Hathaway advised that the comment was made by an R-1-A resident addressing some conc:cms. Ms . Montez stated she wanted 10 address the concern about undesirabl e people . She commented that the people that use daycare se n i ces arc professional people , neighbors . teac hers and lhcy arc the voters or this oommunil)'. She ~11ed they may nol li\'c in Englt1'ood, bul lhcy ,.;11 sho p here al Englewood 's grocery stores etc. She ack nowled ged that chi ldren ca n be noisy at times, but in talking to her neighbors Lhcy told her they hardl y knew the kids were there . Ms . Montez stated that being li censed means that she is a prorcs.,ional and keeping the noise d01'11 is whal lhcy do because ii means she is keeping lhc kids busy . She commented that she directs their play to posith-c learning experiences. Ms . Montez noted that anot her comment was that the dayca re providers were sclf•scrving. She objected as her daycare busi~ is not in jcop.,rdy because she li\'CS in zoned area that would eve n allow a child care center. Ms. Montez advised thal she has the qualificatio ns for a child care cente r but th.it is not what she chooses to do. She Slalcd 1ha1 life wilh child carc should 1101 be limilcd 10 1hc lowe r priced homes . Child care providers. she poi nted ou t, arc stay .it home moms that want to st.1)' home to take care of their own children and Ea...,,ood Clly Council October 2, 1995 Pop:4 supplcmenl the fami ly income . She suggested 1ha1 Council exempt family child care from the 1.0ning rcgulalions since they provide a nccdcd &ervicc. (c) Shelley Gibson. 5020 Soulh Galapago, staled she has been a dayc:ue provider sina, I 1988. She asked that Council lift the daycare home 1.0ning n:strictions throughout Englewood. Ms . Gibson stated it never dawned on her that there were any zoning restrictions because when she began daycare there "~"' two other home based businesses on her block. She advised that in eight years of running a qualily daycare home she has provided child care for scveml Englewood school teachers, nn Englewood Police Dispatcher and olhcr Englewood rcsidcols. She stated she has ocver had any complaints from her neighbors and some of her clients arc her neighbors. Noise is not an issue as the kids in her care arc nol nny noisier 11um the kids that live next door to her. Regarding the traffic issue she noted that right now she has three cars coming and going and they stay 10 lo JO minutes and usually just one at a time . Ms . Gibson said thal she likes the sense of community that Englc·wood has and that is one reason she likes living here. She feels home daycare contributes to community. that it is not a threat the neighbors or the Cily. Jr the ordinance is not changed. she commented. it can pil neighbor against neighbor al a time when we need to working together in the neighborhood. She concluded by saying that the real losers in thi s case arc Lhe chi ld ren lh.1t they care for C'\'cryday . (d) Linda Montgomery , 7479 Soulh Depew Sll'CCI. stated she ,nc,'Cd from Englewood about a year ago. She noted tliat she ran a home daycare in Englewood for eight years and her mochcr still docs daycare in Englewood . She commented 1ha1 Counci l should ask themselves if they would like !lie privilege of choosing who \\i ll can: for their children or grandchi ldren, nieces or ncp~ She advisod that because of Slate licensing restrictions daycare homes ha,,. to be so spotless and the yards so well maintained that 1hosc homes an: probably Ilic nicer looking homes in the area. She asked that they consider the fact tlul nOI all chi ldren do well in large centers. 8. Communications. Proclamation1 and Appointments (a) A proclamation commending John J. Lay for his dedicated service to the citil.Cns of Eng le\>ood and c.,prcssing appreciation for his caring attiludc and love for the City of Englewood, and honoring him for forty years of business in Englewood. was considered . CITY COUNCIL UNANIMOUSLY MOVED AND SECONDED, TO APPROVE A PROCLAMATION COMMENDING JOHN J. LAY FOR HIS DEDICATED SERVICE TO TH ~ CITIZENS OF ENGLEWOOD AND EXPRESSING APPRECIATION FOR ms CARING ATTITUDE AND LOVE FOR THE CITY OF ENGLEWOOD. Ayes : Council Members Hnthaway. Vonnittag. Wiggins. Habenicht . Waggo ner. Waldman . Burns Na ys: None Motion ca rried . {b) A proc lamalion dccla ri ,1r t.!1c month of October 1995 as Crime PrC\'f'nl io n Month in the Ci1y of Englewood was considered. COUNC IL MEMBER IIATIIAWA Y MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING THE MONTH OF OCTOBER l'.>95 AS CRIME PREVENTION MONTH IN THE CITY OF ENGLEWOOD. Ayes : Council Members Hathaway, Vonnilt ag. Wi ggi ns . Habenicht. Waggoner, Waldman, Bums Nays : None Motion carried . I I I E ■sl<woocl City Council October 2, I 995 Pa,:,5 Mayor Bums pf'cscntcd the procl amation to Nancy Peterson. Community Relations Offic.cr . (c) A proclamation doclaring the day of October 11, 1995 as Na1ural Disaster Aware ness Day in the Cily orEnglcwood was considered . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO PROCLAIM THE DAY OCTOBER 11, 1995AS NATURAL DISASTER AWARENESS DAY IN THECITVOF ENGLEWOOD IN THE HOPES THAT WE DO NOT GET ANOTHER NATURAL DISASTER. Motion carried. Ayes : Council Members Hathaway. Vonniltag, Wiggins. Habcnichl , Waggoner. Woldl11JIJl. Bums Nays : None Mayor Bums presented the proclamation to Safely Services Deputy Director Olson . (d) A procl amntion declaring lhe week of October 81 h through 151h. 1995 as Fire Prc\'cntion Weck was considered . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO PROCLAIM THE WEEK OF OCTOBER 8Tl-l THRQUGH 15TH, 1995 AS FIRE PREVENTION WEEK. Motion carried. Ayes : Council Members Hathaway, Vonni11ag. Wiggins . Habcnichl , Waggoner. Waldman. Bums Nays : None Mayor Bums prcscnlcd the proc lamation to Nancy Peterson. Community Relatio ns Officer. (e) A proclru1e11 ion declaring lhe week of October 23rd through Oc:1obcr JO, 1995 as Red Ribboo Weck in Englcm>od ""' cons idered . COUNCIL MEMBER HATHAWA V MOVED, AND IT WAS SECONDED, TO PROCLAIM THE WEEK OF OCTOBER 23RD THROUGH OCTOBER 30, 1995 AS RED RIBBON WEEK IN ENGLEWOOD. Motion carried . Ayes : Co uncil Members Hathaw;ty. Vonniuag. Wi ggins. Habcnichl , Waggoner. Waldman. Bums Nays : None Mayor Bums presented the proc lamation 10 Nancy Peterson . Comm unity Relations Officer . 9. Public Hearing (a)-COUNCIL MEMBER HATHAWAY MOVED, AND ITWAS SECONDED, TO OPEN THE PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON THE 1996 PROPOSED BUDGET FOR TUE CITY OF ENGLEWOOD. Ayes : Council Member, Ha1ha"~Y-Vormiuag. Wiggins , Habenichl , Waggon er. Waldman. Burns Nays : None Moti on carried and 1hc publi c hearing opened . t:■llewood City CCNlatU October 1, 1995 Pac<6 AJI lcstimon)' was given under oath . Financiol Scniccs Direclor GryglC\\icz prcscnled, for lhc: ,.xord, Proof of Publication lhal notice of the public bearing was published in lhe Englewood Herald on Scplembcr 21, 1995. The Proposed Budge!",.. submiued 10 Council on Scplember IS , 1995 . He S'.aled lhe purpose of lhis public hearing is 10 g.11hcr citi1.cn inpul on the 1996 Proposed Budget. Marilyn Brcncngcn, 3028 Soulh Emerson Way , Sl21od she Is rop,esenting the Englewood Public Library Boan!. She acknowledged members of !he Board prcscnl in lhc •udiena:. She advised Iha! lhc Board is prcscnl to follow up on a letter I.hey sent lo Council objecting to a staff cul l.hat was recommended in the 1996 Library Budge!. She noted thc1• understand lhc SIAIT cul was nx:ommcndcd due lo lhc decrease in 1he number or books checked 001 or !he Library . Ms . Brcncngcn poinled out that librnries have progressed from being only a place 10 check 001 books 10 being a place lo also get or access information in many other formalS . She staled our changing world makes libraries such as the EnglC\\'OOCI P-ablic Library crucial 10 ACCCSSing th..11 information in lhosc other forma ts. She commented tbal just a few of the ways you can get th.it infom1ation is with computers and CD-Roms which can much more easily and rapidly be updated 1han books. compuler access to other libraries in 1he S~11c. 001 or S1a1e and world ,.;de aa:css by way or the internet. inter-library loo ns. a \\idc ra nge of programs and many other fonnat s. She said that library staff is crucial in obtaining that inform.1tio n and culling staff "i ll slow down the process . She said the Library Board would like 10 be a part oflhc Ci1y's goal in reaching the communiry and again disoouraged Counci l from losing anymore suff. She feels lhal pooplc who ha\-c 10 wail for a long pcried of time 10 gel assistaucc "ill probably go elsewhere . Thal would mean going 10 new and newly updaled libraries 001 or Englewood . As pan of the Public Library Board 's fi,-c year plan. she said, the bo:ud has Sludied lhc demograph ics or 1he communi1y and sun·eycd lhe palrons. They arc working hard 10 meet lhc needs of 1hc palrons. bul she feels ii "i ll be difficull if addilional staff is lost . Susa n Van Dyke. 3390 Soolh Emerso n S1rcc1 , spoke as a cilizcn of Er.glrn'OOCI and not as a rcprcscntalivc or her employer. Waste Management She recommended lhc designatio n of budgetary funds 10 hire an cmironmcntal specialist to work wi!h the Clean. Green and Proud Commission and to facilit.Bte the implementation oftlte Integra1cd ED\ironmental Pl an adopted by City Council Rcsolutior.. She stated that lhe Clean. Green and Proud Commission \\115 di sa ppoin1ed 10 sec Dana Glazier dcpan from the Ci1y . She said Iha! Mr. Glvier and lhc Commission collectively developed many oulstanding communily en,ironmenlal projCCIS. including Spring Clean-up , lhe aulumn leaf and lire drop-olT. the Proud Propcny Program, Ado pl a Garden and 1hc Household Hazardous Wasle Program . She said the Commi ss ion is composed of community \'olunt~rs who ,·oluntccr the ir time for monthly meetings and SC\'eml Saturdays a yea r. Commission members take pride in their community and ll)' 10 make it a better place lo li\'c. She reminded Council th.1t this is the only commission that requires active p..1nicipation of its members abo\'e and bcyond the regular monthl y board meetings, Ms . Van Dyke reminded Council that . in 1992. th ey supported lhc concept of addressi ng environment.al I concerns by passi ng a resolution in support of the Int egra ted Environmental Plan . Ms . Van Dyke referred I lo 1hc miss ion sta lcmcnl of lhe docum enl. reading 1hc s1a1ed goals . She reca lled Iha! passage or lhis resolution was the first step in addressing the implementation of an CD\~ronmcntal services office "i thin lhc Ci1y . She said she is person.illy disappoinled 10 sec lhal the Cily h.is dropped 1hc imp lcmentalion or 1hi s plan e\'en though environment.al concerns arc at an all lime high . She asked if ii is common practice to support legislation during one council tenn and with the passage of time and change in admini slration to allow a resoluti on this import.int 10 be forg ollcn , Ms . Van Dyke sa id the members of the Clean . Green and Proud Commission feel for gotten and she said she is personally offended . as tl'C cha irpe rson for 1h e com mi ssion , 10 h:1,·e not received a fri end ly I I Eoslewood Clly Council October l , 1995 PIE< 7 telephone call or a lcncr from the City informing the Commission of impending changes resulting from the n:moval or Dana Glazier as stoff liaison . She said she is distressed that the City Manager's office has noc provided the Board with some dirtetion as 10 who his n:pl1c:cmcnt will be or what is 10 bcoomc or the Commission . Ms. Van Dyke stated that the Clean, Gn:cn and Proud Commission has schedulc:o a meeting for October IO, 1995 and she would like lo know if a City n:prcscntative will be at the meeting. whether an agenda is being prcpan:d and if the Commission still has the right to hold its meetings in City Hall . Ms . Van Dyke implored Council to review lhc lntcgralcd Environmental Plan and make a nxommcnd.11ion for its implementation or develop an allcmatc plan that would allow the Commission to continue to promote good environmental practic:cs in Englewood . She said the Clean. Green and Proud Commission unanimously requests Council's consideration in hiring an environmental services expert to 0\-Crsc:c the environmental programs aln:ady developed and to ensun: the development and 1mp lcmcntat1on of good environmental policies far into lhc future . Council Member Ha1h;1wny asked if m.:mbcrs of the Clean . Green and Proud Commission received a letter O\'er the weekend reg; ru in staffing of the li aison position . Ms. Van Dyke sai d she has not received the lcncr. Bill Clai1on. 958 East Co rn ell . applauded Council 's doc:ision to add money to Project BUILD . He said it is nn investmen t in Enplcwood's future~• replacing old. out of t.latc housing with new modem housing that will 3Uract families and citi1,ens who "ill participat,~ on boards and commissions and will be good ne ighbor s and friends . He encouraged Counci l's continued support of the project . Kris1cn Anderson. 7242 Sou1h Acoma StrccL Lit1le1on, Colorado. spoke on behalf or the Bookmobile Co mmittee . She said the commi ttee has we-riced very hard thi s year and has earned enough funds to keep the bookmobile on th e ro.1d for the rest of the year . She said citizens and children of Englewood have also contributed to the elTo rt by p.1nicipating in such act ivities as a Wonder Walk and a penny drive. She said n:ading is stn:ssc:d by all lhe schools and childn:n ,.;,11 bookmobile cards in her first grade class check 001 two books each week . She feels there is a need in m .. 1ny families for books and many children who have a strong desire to re.id \\ill be very dis.,ppo inted if library books arc not available for them . She said 1he Rocky Mountnin Nc,1~ has rnado $5 ,000 pledge for next year if the bookmobile is in the budget . She encouraged Counci l to consi der the need.~ of lhe children of the community when preparing lhe budget . Mayo r Bums asked if anyone else would like 10 sp::ak to lhe im.ic . There was no response . COUNCIL MEMBER WIGGINS MOVED , AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING . Ayes : Council Members Hathaway. Vom,illag . Wiggins . Habenicht . Waggoner. Waldman . Bums Nays : None Motion carried and the publi c hearin g closed . (b) COUNCIL MEMBER WIGGIN S MOVED, AND ITWAS SECO NDED , TO OPEN THE PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON THE STATE HIGHWAY USERS TRUST FUND. Ayes : Council Members Hathaway . Vom,ittag. Wi ggins, Haben icht . Waggoner. Waldman . Bums Nays : None Mo1ion ca rried and the public hearing opened . E ■llewood City Cou ■c:11 October 2, I 995 Pagel hit tcstimoay w.as given under oath . Financial Services Din:ctor Frank Gryglewicz staled thal as part of the budget process City Council has held a public hearing 1o gather public input r,:garding the disposition of the Highway Users Trust Fund I monies . He said these monies come from recs assessed from the registration of drhus and vehicles, p.,sscngcr mile taxes on common carriers, and princ ipally from the excise ta, on gasoline. The Slate of Colorado and counties nxx:ivc ninety-one percent of lhc tocal revenues, and the remaining nine percent is remitted to the Staic 's cities . He explained that an indhodual city 's allocation is based on how many autos arc registered in the city as well as how many miler. of stn:cU the ciry bas. Mr. Gryglcwicz advised 1h11 the Ciry has 1'l.tgc1ed $775,000 for 1995 and has c:c\lec1cd $551 ,417 as of August JI , 1995 . He staled the City has bull;< JJd $885 ,900 for 1996. Di rtct or G1nsowicz submitted. for the record, Proof of Publication tha1 notice of the public hearing was published in lhc Englewood Herald on September 21, 1995. · Co -, ~e , ,bcr Hathaway asked. when they figure the number of miles of ro,dway in Englewood, if 1hey incl urJc t!1::-S.t..-1 tc Highways that arc "ithin 1hc City. Mr. Grygltmicz Sl31cd h'.: was not sure and would ha \'e 10 """"'ii the SL1lules. Ms. Ha1hn"~Y asked. if they do include 1hc Stale High"~Y• would there be an) rcstrictfons on using that money for other purposes. such as assisting "i th landscaping or any other addenda 10 tl,c Sanla Fe projoct or aoy other projoct in lhe Cily. Din:ctor Grygl.,.icz. n:od ing from the Council Comm uoication. advised tha1 the Stale Sta1u1es say that the m ·enuc r=ived may be used for any IJl)C of co nstruction, reconst ruction. iq,air of lhe stn:c1 infrastruc1urc. signals, safely in the public riglll or way. and ror highway oonstrucuon ancl ~\ntcnancc cqui;:;;i".nl. Administration expenditures cannol c.xcccd fi\'C pcrccnl of rt\'CllU C: Council Member Hathaway Sl:dc J ·.he did 1 ~~ rccci\'c a Cou~:;~! Communication for th.is Agenda 11cm in her packc1. (Clerk 's nocc : ll was determined thal lhc Council C-ammunication was not included in Council's packet : copies were made and distribulcd to Cv<!ncil.) Gal)' Ko7.8CCI., 1260 West O><ford. S:Olcd lhal all of Arapahoe Counry pa)~ an t!Xlra $I0.00 on lheir li cense fees as \'otcrs. )'Cars ago, appnn'Cd lhc fee because we had a nice Santa Fe C.onid~,r and we were ll)ing 10 spread the cost ac ross lhe Counl)•. He added thal the Staie go\'emmenl decided 1ha1 sounded so good thal they added $10 .00, bul nolhing "~ done abool th.: addilional $10.00 that"" had passed. Mr Ko1.acclc commenlcd 1lc11. C\'en 1hough Arap.1hoc Counly residcnls pay an additional $1 0.00 every year for license plalcs. the Highway Dcpanmcnt has 1101 come forn~ lo assess or give us any additional funds . He staled that hiscori ca lly money has been funn eled out of the Santa Fe corridor and during his tenure on Council there was o\lcr $5 million iu nnclcd away from the Corridor that has OC\'Cr been replaced . He comcndcd Lha t instead of 1cplacing the money 1h(..-y sc... lcd down the ;:;,uj,. t considerably. Mr. Koi.acck stated he feels that Cou nci l needs to take note that lhjs has taken pl.act ano take a fonnal actio n to show the HighWil)' Dcp.,nmcnt tha Council and the cili1.cns feel lhnt we ha\'c been slighted in some of our I measures as what we h.1,·c paid inUJ ,·crsm wh.11 we ha\'c rccci\'cd . He staled he wou ld Hkc 10 sec Council as least din:ct the Cily 10 dirccl lhc ,ssuc back lo lhe High"~Y Department Mr . Kozacck noted lhal he anticipates there will be a great need 10 ha\'c a light down at thi:: Englewood Recreation Center as soon as lhe Oxfo rd and San la Fe Corridor opens . He lalked aboul lhc need 10 add ross lhe safely issue of rcsidenis crossi ng I.he: strccl at the Recreation Center . Mr. Koracck concluded by encouraging Cou ncil to consider 1h:11 residen ts arc paying more and dese rve more of the Highway Funds than they ha\'e bee n receivi ng . Co uncil Member Waldman asked if the SI 0.00 Mr. Ko1.acck referred to is for E-470 fW1ds and nol Santti Fe funds . Council Member Wiggins staled that is right I I Enslewood CIIJ Couocll October 2, I 99S Paae9 Mr. Ko7.aed< Slalcd that the $5 million th.it ns pullcd out of the Santa Fe Corridor Funds ""nt to the E• 470 Fund and wa.s nc,~r rcimbur.sccl to the Santa Fe Corridor funds . He Slatcd it n.s agreed to by public hearings and the PUC hearings that that funding was to go for this strip through the Englewood scctioa and that money was funnclcd •"~Y to go to the E-470 projccl . So, he noted. we an, payi ng an additional fund lhat we arc llOC reaping the benefits front Mayor Bums asked if anyone else ,.,,uld like to speak to the issue. There"~ no response . COUNCIL MEMBER HATHAWAY MOVED , AND ITWAS SECONDED, TO CLOSE THE PUBLIC HEARING REGARDING THE STATE HIGHWAY USERS TRUST FUND. Ayes : Council Members Ha1h.1way. Vorm ittag. Wiggins. Habenicht , Waggoner, Waldman, Bums Nays: None Motion carri cd ond the publi c hearing closed . COUNCIL MEMBER HATIIAWA Y MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS to (a) (i) and (ii) ON FIR~T READING . (a) Approve on First Reading (1) COUNCIL BILL NO . 6 1, INTRODUCED BY COUN CIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE AMENDING TITLE 3, CHAPTER 8. SECTION I. SUBSECTION 6, OF THE ENGLEWOOD MUNICIPAL CODE 1985 ENTITLED VOLUNTEER FIREFIGHTERS PENSION FUND . ("/ COUNCIL BILL NO . 64 INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE CITY OF ENGLEWOOD. DEPARTMENT OF SAFETY SERVICES AND THE COLORADO DEPARTMENT OF TRANSPORTATION. OFFICE OF TRANSPORTATION SAFETY FOR RINDING A LAW ENFORCEMENT ASSISTANCE FUND (LEAF) PROGRAM IN THE CI TY OF ENGLEWOOD. COLORADO . Vote rcsulu: Motion ca rried . Ayes : Co un ci l Members Hath.1way. Vom1 i11ag. Wiggins . Habe nic ht , Waggon er. Waldman. Bums Nays : No ne COUNCIL MEMBER HATHAWAY MOVEII , AND ITWAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS IU (b) (i), (ii), (iii), (i,•) ind(,-) ON SECOND READIN(:. (b) Approve on Seco nd Reading Enpewood City Council October 2, 1995 Pace 10 (i) ORDINANCE NO . 52, SERIES OF 1995 (COUHCIL BILL NO. SJ), INTRODUCED BY COUNCIL MEMBER HABENICIIT AN ORDINANCE AMENDING TITLE 4, CHAPTER 8, SECTION 2, PARAGRAPH A. OF THE I EN GLEWOOD MUNICIPAL CODE 1985, REDUCING THE 911 SERVICE SMERGENCY TELEPHONE CHARGE TO 281 PER MONTII PER EXCHANGE ACCESS FACILITY WlllllN lllE CITY OF ENGLE WOOD . COLORADO. (ii) ORDINANCE NO . 53 , SERIES OF 1995 (COUNCIL SILL NO. 58), INTRODU CED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUlllORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE CITY OF CHERRY HILLS VILLAGE. COLORADO WITH RESPECT TO lllE MAINTENANCE OF AN AREA IN THE CHERRY HILLS VILLAGE WASTEWATER COLLECTION SYSTEM . (iii) ORDINANCE NO . 54. SERIES OF 1995 (COUNCIL BILL NO . 59), INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE REPEALING AND REENACTING TITLE 7, CHAP'ItR 6D, SECTIONS I AND 2, OF THE EN GLEWOOD MUN ICIPAL CODE 1985 RELATING TO PROST ITUTION . (iv) ORDINANCE NO. 55 , SERIES OF 1995 (COUNCI L BILL NO . 62), INTRODUCED BY COUNCIL MEMBER HATHAWAY A ORDI NANCE ACCEl'TTNG THE DONATION OF A 1930 MODEL A ANTIQUE FIRE TRUCK AND A 1948 CHEVROLET BARNETT AMBULANCE FROM THE ENGLEWOOD VOLUNTEER FIRE DEPARTMENT TO THE CITY OF ENGLEWOOD, COLORADO. M ORD IN ANCE NO . 56 , SERIES OF 1995 (COUNCIL BILL NO . 63), INTRODUCED BY COUNCIL MEMBER HA TIIAWAY AN ORDINANCE AUlllORIZ ING AN INTERGOVER NMENTAL AGREEMENT BETWEEN THE UNITED STA TES DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY AND THE CITY OF ENGLEWOOD , COLORADO ENTITLED "DEPARTMENT OF THE INTERIOR GEOLOGI CAL SURVEY JOINT FUNDING AGREEMENT FOR WATER RESOURCES INVESTIGATIONS ." Vote n:sulls: Aye s: Council Members Hathaway, Vormiuag. Wiggins . Habc nich1 . Waggoner . Wa ldman . Burns Nays : None Motion carried . 11 . Ordinances, Rcso lulion s 11nd Motions (a) Approve on First Readin g There were no additi ona l items submiual for appro va l on first reading. (Sec Agenda Item lO -Consent Agenda .) I I I E ■ctewood Clly Cou ■cll October 2, 1995 Pace II (b) Approve on Second Reading (i) Council Bill No . 25, approving amcndmcnlJ to Englewood ', Home Occupations ordinance was considered. COUNClL MEMBER HATHAWAY MOVED,AND IT WAS SECONDED, TO TABLE AGENDA ITEM 11 (b) (I) -COUNCIL BILL NO. 25 UNTIL ,,N INDEFINITE TIME TO ,LWW FOR FURTHER CONSIDERATION . Motion carried . Ayes : Council M.•mbc rs Hathaway, Vorminng , Wiggins, Habenicht , Wai gone ,. Waldman, Bums Nays : None 12 . General Discussion (a) Mnyo(s Choice l. Mayor Bums advised that he "ill appear tomo rrow morning at the Dcn\'Cr Water Board to sign the AMAX agreement. He noted th is is a c:ompiicat cd .. grccmcnt regarding the City's water rights. wh ic h appears to be very good for the City of Englewood . 2. Mayo r Bums noted he anendcd the Colorado Muni ci pal League 's Altomcy's Conference in Co lorado Springs last Thursday and Friday. He stated it was an cxccllcnt co nference and he will brin ging a repon 10 Council shon ly. He th.1nkcd Council for the opponunil)' to att end the conference. 3. Mnyor Burns co~•mn tl od tb:.;1 the City 's tree and limb n:t00\'31 program is prococding apace . He st:itcd the City apprcciatl'.S rt). ~-;,j, .M ' cocpcrn ti on during this cffon. (b) Council Mcmbc(s Choice (i) Council Member Hathaway : I. She asked , as tl,e dead line for licensing pot belly pigs has come and gone, how many people actually filed for a license or renewed a license . Deputy Director Olson stated he will find out and rcpon back to COWlCil . 2. She staled that Council rrcc.ivcd a mcmoraud~m prior to t"night 's meeting regarding the budget schedule. Ms . Hmhaway poinl cd out thal it indi cates thal Counci l will not be ha~ng a Study Session on the budget on Oelobcr 9, 1995 . She noted that she understands it is difficult to have the budget ready for second reading and adoption by November 6, 1995 . She added that she also reali zes it ",.. City m .. ,nagcment's deci sion not to have a bud get retreat per sc . Ms . Hathaway staled she would be more than willing to comm ii to pan or a Saturday to di scuss the bodget. COUNCIL MEMBER HA TIIAWA \' MOVED TO ELIMINATE THE OCTOB ER 9, 1995 STUDY SESSION AND THAT COUNCIL SCHEDULE A BUDGET Rl rREAT SATURDAY. (Clerk 's note : The moti on was never seconded. The moti on died for lack ora second .) Counci l discussed va ri ous .sc hed ulin g conflicts. 1: ...... -City Cllllac:11 Octoller 2, 1995 Pap,12 Council Member Hathaway stated that Council commitment lasl wcdt to not have a Study Session on the Budget on October 9. I 99S. which is the same nigh! as • candidate"s forum, was based on the City Manager 's infomiation that they did not have ani1hi.,g particularly planned. She stated she knows, from pmious experience on Council . what the budget srhcdule is . Ms. Hathaway feels Council should have known the schedule far enough in advance to determine if a Study Session should have been schedule . City Manager Clark stated that the only reason a change was R100mmcndcd was because it was his original impression that there was a sufficient amoun t of time to make adjustments to the budget all the ,my up and until November 7th. He explained that as he talked to City Attorney Brotzman late last wcdt he diSCO\•crcd that that ncxibility docs not exist Mr. Clark swed that the original intent W"5 to allo ;v Council ample oppo~unity to "'"Ike adjustments all the way th11JUgh the process up to and includinP, ti c C\~ning ofOct<Jbcr 16. 199S . lengthy discussion continued regarding \'arious scheduling co nilK..a Council Member Hathmvay commented that she was kind of 13k II l'3Cl: by the fact that they dcci<I-:'. llOI 10 h.1\'C a n:trcat in the first pl3':C . She stated there is something 10 be said for having the prcscntatio,rs and decision making all in the same day. She felt the budget process 1. • been somewhat disjointed thi s year. that the information Council has r=ivcd has been somcwht. '..::?ful . but she has yet to R<\>ive some oflhc information she asked for 1wo weeks ago. Ms. Halh...,r.\,•: ('t)Rtcndcxi thnt Cou1x.:i '1 -ou1d ha\'C ample 1imc to make 1hcir dec isions There was additional discussion regarding ·1·: ·•~ time to set a Srudy Session to discuss the budget. Mayor Bums encouraged Council . ir they ha -.~ ~ific questions.. o: '-'<'1-,lc; lik e background information on spocifie items. to request that staff provide the infomllltion prior to the Study Session on the budget. Council agreed o meet in Study Session Monday. October 9. 1995 at S:30 p.m. and break from approxima tely 6:45 to 7:30 p.m. to auend a candidate forum and lhcn resume lhc mc.:cting . (ii) Council Member Vonnittag : I. He questioned Director GryglC\\;cz regarding the State Highway Users Fund . Mr. GrygiC\\ic-L expla ined that the City lcu budgeted $77S .OOO for 199S and has oollected SSSl .417 as of August 31 , 199S . Council Member Vormittag asked if the $77S .OOO ,.;u be used to repair streets and such in Englewood so it really ";11 1101 cost us an)1hing out of the budget . Mr. Gryglcwicz stated that the City docs budgel for the revenues but the funds arc used basically for st.reel repairs and lhe purchase of strccl repair equipment. Council ~lcmbe r Waggoner noted that the City has to send in a rcpon annually justifying all of the C.'-pcnscs . Discussion ensued . 2. He stated he had ad,;sed the City app roxi n.itel y two or three l'ttks ago of a tree that needed to be lrimmcd at aboul Franklin and Dartmouth Street and of a trailer p.1rkcd in the slrcct of few blocks dom1 . He heard from a resid ent th.11 there was n tick et on the trailer and a notice or some thing on the front door but th.11 nothing else has been done. Mr. Vormittag ques1ioncd the Cit y's prorcdurc in thi s instance and asked for an upd.11e on the tree and lhe trai ler. Ci1y Manager Clark s.,i d he ,,i ll check l'i th staff and provic.c him ,,ith an updaic . I I I I t1&1ewood Clly c .. ac11 O<tober 2, 1995 '""' IJ Discussion ensued . J . He asked ir Llic Council "ill be giving any money to the Jay=s as requested by Tish Beauford . President or the Enr.lcwood faycees at tonight's meeting . Co<, •cil Member Hl1lha"~l' stated that she was pretty sure the Ci ty sent the Jaycees a solicitation letter. but they had not sent the City~ fo~I request for funding from Aids to Other Agencies. Couucil Member Waldm.,n stated he """Id like to know why the Jaycees have suddenly changed their rocus or fund raisin g. He commented thal when he was in 1l-tc Jaycees 1hcy held ccnain on-going projects to fond themselves. Discussion ensued. Council Member Vormittag asked th.it t faycccs be gh·cn the opponunily 10 fill out the fom1 to req uest runding assistance through Aid 10 Other Agencies . (iii) Com1eil Mrmbc · Wiggins agreed "i th Mayor Bums · comments on the tree limb removal cffon. He feels the City is doing a fin e job. 13 . c;t)' Mana ~r 's Rtport (a) Ci~· Manager Clark presented a Cinrlrrclla City Status Repon dated October 2. 1995 . I-le st.i tcd he also wanted to rcpon that Miller /Ki tchell and Mcrc:rnti!c h.1 vc C.\"ch.,ngcd pro form., inJonnatfon . Counci l Member H.1tluway asked. as Em1ronmen tal Due Diligence is listed under both Mercantile and Montg.>mcry Wards. if it is Equitabh: or Mi llcr/Kitchell's intention to pursue some or those costs from Mercantile and Montgomery Ward. Ci1 y Manager Clark C.<J>lained that Mcrcanule would be a sepornle o••TICrship and Equitable has indicated th.1t they would not participate in any cmi ronmcntal clean.up of Mercantile . Howc\"cr, they did indicate that they would CO\"er the cost of the study for that p.1nicular location as a part of the O\'crall project . Also. he ad,iscd that . due to the unique relau onship under the terms or the list Equitable had to get permission from Montgome ry Wards to go in and do the study . When the original Sltr\'C)' was done a coup le of months ago they did not include the Wa rds store. but since th.ii time Equilnble lw obtained a li censing agree ment from Wards 14 . Cily A1torncy's Rc(H>r1 City Attorney Brotz.m.1 n did not hm·c any matters to bri ng before Co uncil . 15, Adjoomme.nl COUNC MEMBER HATH AWAY MOVED TO ADJOURN . The mccti'.1g adj ourned at 9:IO p.e,.