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HomeMy WebLinkAbout1995-12-18 (Regular) Meeting MinutesI I I. Call lo Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Se11lon December 18, 1995 The regular mr.cting of the EngJcwood City Cou ncil was called to order by Mayor Bums at 7:35 p.m. 2. In vocal ioa The in,·oc.ui on was gh-cn by Cot•ncil Member Wiggins. J . Pledge of Allegiance The Pledge or Allegiance was led by M:iyo r Burns . ~. Roll Call Prcscnl : Absent A quorum was present . Council Members Hathawa • Clapp . Wiggins. Habenicht. Vonnittag. Waggoner, Burns None Also proscni: Ci1y Manager Clark City AltomC)' Brot1.man 5. Minutes Assistant to the Cily Manager Gra ce Dcpu1y Cily Clerk Castle Acting Director of Utilities Stowe Suppon Sc"iccs Di,·ision Chief Moore Dep uty Director Olson . Safety Services (a) COUNCIL MEMBER HATHAWAY MOVED, AND ITWAS SECONDED , TO APPROVE THE MINUTES OF THE REGULAR MEETING OF DECEMBER~. 1995. Ayes: Council Members Hathaway. Vormitt:1g. Wiggins. Haben ic ht Waggoner. Clapp. Bums Nays : No ne The motion ea rn ed . 6. Scheduled Visilon (a) 1nc follo,,ing winners of !he 1995 Holiday Li ghtin g Competitio n were announced by Sus.in Van Dyke or the Clean. Green .in d Proud Commi ssion. wi1h the assis 1.1ncc or De puty Director or Safely Sc"•iccs Olson : Englewood City Council Dc<Cmbcr 18, 1995 Page 2 ~: Honorable Mcn1ion : Seco nd Place : Third Place : Honomblc Mention : A Holiday for Chi ldren A Cc lcbra1ion in Liglus Tammi and Rancbhl Headley 4315 Sou1h Lip.in S1rcc1 D"ighl P. La!ham 297 I Sou!h Emerson S1rcc1 Pctmanson Family 3918 South Elali Su~ct John & Wendy l>cH:;an 4020 South Del aware Street William Si mont on 298 I Sou 1h Chcrok · Strcc1 Warren Famil y 3820 South Galapago Street Richard and Alice Kl=u 4990 South Elati Strccl Martin and Karen Hickman 3215 Sou!h Williams Street Mike and Mellisa Bargas and Famil y 4104 South Sherman Strcc1 John and Pat Crump 5020 So u!h fox Street Mich.1c l G. Evans 3228 South Clarkson Street TI1c Brown Famil v 320 I Soulh Chcr~kcc Suee1 Richard and Peggy Cole 3017 South Pc nnsyh,ania Street Monie and Vicki L.1ubach 340 I South D0"11ing Street Ken Swa im 3905 Son!h Logan Street I I I I Engtc,,'OOd Cily Council Occcmbcr IR , 19~; Page 3 Mnvor's Award Wesley Peterson 4180 South El ati Strtct Mark Gre iner 2875 South Dclawan: Stn:ct ?\-ts. Van Dyke rccog niicd Stnn L.1 ngc . An n Nabhol 1 .. Andrea Mcnin-G ic m. Keith Lockwood. Al om1i n.,g and Bobbi Vomlillag.. the judges for the competition. and thanked them for thei r effo rts. Counci l Member Habenicht stated tll.11 there arc wholo blocks with ""ndcrful lighting and suggested that nc.,1 year there mi ght be some sort of neighborhood recognition . Council Member Hathnw;,) wggcstcd recognizing apartmen t complc.~cs. stating that Orchard Pl ace should rcc:ci\'c an honorable menti on tor pu ll ing red and green po rch lights on all of the apartments . Mnyo r Bums th.11\kcd Cou ncil Member Vo rm i1t.1g for hi s part in judging the co mpctilio n. as well as the others who p.1rticipa tcd . Non -sc hed uled \lisi ton There were no non-sc hed uled \'isit ors . 8. Communications, Proclamation s and Appoinlmcnts There were no communic:uions, proclam.,ti ons , or :1 ppointmcnts . 9. Publi c Hearing No public hearing was scheduled before Council. ID . Consent Agenda COUNCIL MEMBER HATHAWAY MOVED , AND ITWAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i) THROUGH (,i) ON FIRST READING. (a) Appro\'e on Fi rst Reading (i) PURCHASE OF WATER "1"1'ERS AND RELATED EQU IPMENT FROM MOUNTA IN STA TES IN TIIE AMOUNf OF $26,330 .32 (i i) PUR CHAS E OF TWO DEW A TERING PROC ESS GRINDERS FROM MI SCO ROCKY MO UNfA IN IN TIIE A~.OUNT OF $20 ,708 .00 . (iii) RESOLIJl'ION NO. 70 . SE RIE S OF 1995 A RESOLIJl'ION DES 1JN ATING THE BULLETIN BOARD IN TIIE LOBBY OF ENGLEWOOD CITY HALL AS TllE OFFI CIAL POSTING PLACE FOR AL L NOTI CES OF THE CITY OF ENGLEWOOD . EnaJcwood Ciiy Caucil Dca:mbcr IB , 1995 l'<lge 4 (iv> DESIGNATION OF Tl-IE ENGLEWOOD HERALD AS TIIE LEGAL NEWSPAPER FOR TI-ill CITY OF ENGLEWOOD . (v) Tl-IE SCHEDULING OF A PUBLIC HEARING ON JANUARY 15 , 1996 TO GATHER CITIZEN INPUT ON A PROPOSED AMENDMENT TO Tl-IE COMPREHENSIVE ZONING ORDINANCE CONCERNING SECTIONS 16◄-IOB, B-1 BUSINESS. AND 16-8 -1. DEFINmONS, WITH REGARD TO VETERINARY HOSPITALS AND CLINICS . (,1) RESOLUTION NO . 71, SERIES OF 1995 A RESOLUTION APP~.:>VING COMPENSATION PLANS FOR MANAGERIAL, SUPERVISORY , CONFIDENTIAL. UNCLASSIFIED AND ~ART-TIME m;NEFJTS-ELIGIBLE EMPLOYEES OF THE CITY OF ENGLEWOOD FOR THE YEA!l 1996. Voce ruults: Ayes : Council ~ ieml;c."'S Hathaway, Vonnittng. Wiggins. Habenicht . Waggooer, Cl app, Burns Nays : None The mo1ion carried. (b) Appro\'e on Second Reading There wtn:: no ilcms submillcd for approml on Second Reading. 11 . Ordinances., Resolutions and Motions (a) Appro\'c on First Reading (i) Acting Dinxtor 'i towc presented a recommendation from the Littlcton/Englcwoc.d Wastewater Treatment Plant Supervisory Commiucc to approve. by motion. the purch:.sc or an Infrared Spectrometer. Due to additional accessories nccdcd 10 make this lallora tory instn,ment functional . the price ran a little over that which was budgeted for 1995 . Mr. Stowe said the insuumcnt is u:iCd for dctcmlining oil. grease and hydrocarbons in wastewater and the river. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO AWARD THE BID FOR AN INFRARED SPECTROMETER TO NICOLET IN THE AMOUNT OF 523,293.00 . Responding to Council Member Vonnittag. Mr. Stowe s.1id the instrument will be installed in the hlbornlory and sunplcs will be brought 1hc1c for testing. Ayes : Nays : The motio n carried . Council Members Hatha\\'il)', Vom1i11 ag , Wi ggi ns, Habeni cht Waggoner, Clapp, Bums None (ii) Acting Director Stowe presented a nxommcndation from the Linlcton/Englcwood Wastewater Treatment Plant Su~rviso ry Con1111i1tcc to adopt a bill for an ordinance authorizing the purchase of a tlcncficinl Use. Fannsitc . He reminded Council that . about a year ago, the Cily Councils of Engl ewood and Littleton had dinxlcd that some farm sil cs be identified out in eastern Adams and Arnp:ihoc Counties . Three suitab le si tes were conside red. among which was the I I I I Englewood City Council December 18, 1995 Page 5 rcconuncndcd fifty -seven hundred acre site localed scvcnly-fivc miles from lhc planl and partially in Ad.mus and pani nll y in Arnpahoc County. He said it is a wheat famt . currently owned by the Linnc:bur family . He s.1id the contract includes a one year tenant lease agreement wi lh the Lin ncburs . whic h can be extended if they pcrfom, sat is factoril y. The Clerk was asked 10 read Co<mc il Bill No . 74 by title : COUNCIL BILL NO . 74 . ll'ITRODUCED BY COUNCIL MEMBER VORMITT AG A BILL FOR AN ORDI NANCE AUTHORIZING THE PURCHASE OF A FARMSITE FOR lllE BENEFI CIAL US E OF lllE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLAl'IT BIOSOLIDS MANAGEMENT PROGRAM . COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (1) (ii) -COUNC IL BILL NO. 74 . Responding to Mayor Bu ms. Mr . Stowe sai d that the permits required by the State of Colorado ha,·c bee n acquired. and also approvals fro m Adams Co unty. He confim,cd that Arapahoe County docs DOI yet have such a program . He al so stated tha t the Water and Sewer Board has heard thi s same prcscntatioo and recommends appm•·al. Responding to Col1 ncil Member Halhaway. Mr . Stowe staled th.al the m;Utcr has go ne through the Littleton/E nglewood Wastewat er Treatment Plan t Supervisory Commincc and th e City or Linlcton now. also , is going through lhis same approval process . Counci l Member Waggoner asked if an aoora isa l was 111,1de on th is propcny. Mr . St owe stated rhat a ce rtified appraiser co mpared Lllis si te wit h of.hers in the area and 1he su ggested price is based on the ap praiser 's rccommendmio n. Counci l Member Wa ggo ner asked why the section in the ccnler of the propcny was not included . Mr . Stowe sai d ii is 0\\1\cd by anot her fanncr and negotiations arc underway to aJso acquire thal piece or land . He said th e r i1 y al so 0\\115 aJlo ther site twenty mil es so uthwest or the recommended sile . Respondi ng to Council Membe r Waggoner . Mr . Stowe estimalcd acq uisiti on of this propcny Y.i ll probably meet •he Cit y's needs for the program through th e year 2015 and possibly a little beyond , AdditionaJ propcn y may be requi red ancr tha t time . Discuss ion ensued , Vote results : Ayes: Nays : The molion c.1 rri ed. Counci l Members Hath away. Vo rm iltag. Wiggins . Habenicht. Waggoner . Clapp , Burns No ne (iii) Aeling Direct or Stowe presented a reco mmendation from the Utilities Dcpanment 10 adop t a bill for an ordinance amendin g lhc Water U1ility CoJc regarding Arlininistra ti\'C Review and Appea ls. He sni d 1hi s will put inlo place a mec hani sm for citi ze ns to appeal the deci sio ns or th e Director of Utilit ies . 11 establi shes both a tim e fram e for response and a rec that ca n be imposed if the Englewood City Council December 18, 1995 Pagc6 person pr01cstin3 is not successful in their protest and provides for waiver or ,uch rce if the pcnon 11 indigent. Council Member Hathaway asked if th is eliminates the appeal process to City Council . City Allomcy Brotz.m.,n said there currently is no fonnal appeal . only an infonnal process after the Director makes a deci sion . unless lhc party takes the mau\,'.r to District Court . Council Member Wiggins asked about the proposal in parasraph D n:sa,ding a seventy-fi ve day lime period in which a public hearing must be held to n:vicw the decision or the Dircctor or Util ities. He fell th is was too lengthy . City Auomcy Brotzman said that allows for lwo Water and Sewer Board mcct.ings , in case the molter must be carried o,•cr to a second meetin g. He said that the thiny-fivc days allowed for rendering a decision is sci in an earlier section of the Code . The Cieri< was asked to rc3d Cou ncil Bill No. 72 by title : COUNCIL BILL NO. 72. INlllODUCED BY COUNCIL MEMBER II ATHAWAY A BILL FOR AN ORDINANCE AMENDING TITLE 12, CHAPTER ID , OF THE EN GLEWQQD MUNICIPAL CODE 1985 BY ADDING A NEW SECTION 6 ENTITLED ADMINISTRATI\1' REVIEW AND APPEALS . CO UNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, 1 ,,.... ! •.-1uw AGENDA ITEM 11 M (iii)· COUNCIL BILL NO. 71. Ayes : Council Members Hathaway. Vormiuag. Wi g);~ins. Habenicht Waggo ner, Cl app, Bums Nays: None The motion carried. (b) ApplO\'C on Second Rea ding There were no items submitted for app l'O \'al on Second Reading. 12 Gcncnl Discussi on (a) Mayo(s Choi ce I. Mayor Burns co ngr.uulalcd th ose who p.1rt ic ip.-ncd in the li ght ing display co mpetition thi s year . 2. Mayor Burn s th.1 nkcd Council for their work and cooperation ,,i1h th e dinner \''ilh the South Sub urban Parks and Rcc rcm ion Di st rict Bo.,rd last week. He said -the increased leve l r-r: LOO pcration between th e two entit ies will be worthwhile . (b) Counci l Mcm bc(s Choice (i) Coun cil Membe r Hatli.,way : I. She asked for an update on the Highway 285 improvements between Bro.1dway and Santa Fe Ori\'C , Sho 1aid she would like 10 h;arn whal lypo of inpul IIH: Cily has rllquostod from lhc bu1inC11C1 alo ng that st rip. I I I I Englewood City Council Dcccnlbcr 18, 1995 Page 7 2. Council Member Hatl u1way asked whether there has been an Increase in gra..fi ti and whether ccnain areas of town seem 10 be 1nrgctcd for these incidents . She sa id she has heard there is a new gang that is activel y rccmiling in the City and wondered if the graffiti is a result of that Suppon Services Dhision Ch ief Moore addressed Ms . Hathaway's questions. He rcponed !hat a tagger was arrested this momin g who admitted to numerous laggings and provided the detectives with infom1ation rcgnrdin,t 01hc r laggcrs. He said ns man v as I dozcn taggers ~ill be shut down as a rcsuh of this information. Di scu.s 1ion c:lSUcd . J . She asked tha t a reso lution regarding Aid to Olhcr Agencies fo1 1996 be rc..1 d. The i!!nlu~on was assigned II number and read by title : RE SOUJ llON NO. 72. SERIE S OF 199 5 A ~OLUTION SPECIFYING AID TO OTHER AGENCIES FOR 1996 iJY THE CITY OF ENGLEWOOD . COLORADO. COUNCIL MEMBUt HATHAWAY MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 12 (b) (i) (J) -RESOLUTION NO. 72, SERIES OF 1995.. Ay~: Council Members Hat haway, Vonn ina g. Wi ggins, Habcmcht. Waggoner, Cl app , Bums Nays : None motion rricd . C.0.1r,dl Member Hathaway recomme nded that the reci pients be in\ri lcd to 3 Council nu:cting in Janu.vy to n:cch·c the funds . (ii) Council Member Vormiuag: I. He \\ishcd everyo ne a Merry Christmas . 2. He than ked Mayor Burns for allowin g him 10 jud ge the Ma yo r's AYt ard c:ucgory in the lighHng contest . stating th.11 he r nj oycd ii very mu ch. (i ii ) Co un cil Member Wiggi ns Ytishcd <.-.er)·onc a Mcrr;. (h:istmas . (iv) Co uncil Member Clapp \\ishcd everJ on e a Merl) Chri sun,,s . (v) Council Member Wa ggoner: I. He ask ed about the pedestal in th e Pl a,.1 that fom1crl y held the statue of an Ind ian. and whether an) other an ""rk will be disp layed there. Counci l discussed the poss ibilit y of tl1c new Cultural Ans Com,ni ss ion takin g th is on :ts a _1 roj cc1. 2. Council Member Wa ggoner asked if th e City still scclts inpul from the users of Cit y services re ga rding th eir percept ion of the job the Cil y is doing. Funhcr, he would like to know how the dues p.,)ing membe rs of Englewood Downtown Devel opment Authori1 y (EDDA ) fee l about the pcrfonna ncc of EngJe,,ood Cily Council December 18. 1995 Pngc 8 1la11 entity . He would like to know if the)' an: ever asked how they foci abou t the job EDDA is doing for 1hcm . Co uncil Mcmbc.; Hathawa)' said a rcw years ago a survey was done of the businesses and . for the most p.1n . tile results were positive. Mr. Waggonct snid this is something tliat nocds to be done every so oOcn to soc how we an: doing. He suggcs1cd seek ing 1hc inpu1 pri or to dc\'clopmcnt of the downtown pl an. Discussion ensued. 3. He wished everyone a Merry Chri stmas. (\'i) Council Mcmbcr Habcnichl: I. She raised a coi.«-r.;; r\'.~ ·ding E9 I I se rvi ce . ci ting hc1 O\I. J n:.c ru c.,1>eri cncc where her address was not identified when she 1,mchet tcntl )' ca lled 9 11. She ll\ou g It rhe mallcr ~houk~ be addl"CSY.::d in some manner. 2. She wished C\'Cl')'Onc a Mf'fl')' Christmas. Ma)'Or Bun\!. \\ishcd C\'cryonc a l\.tc ny Christmas and tha nked Council for their good work throughout th e re. 13 . City Manager's Report (a) City Manager Clark rcponed on the progress of Cinderella City. He said ottomcys for Equitable ore m 1c,1ing =ly drafl language for the purchase and sale documcn is . which he hopes to ha,-c ready for Council in late January . Also. he has been negotiating with Mercantile pun.uant to the instructions or Council. In both the C1SC of Mercanti le a nd Equitable. the legal problem being dealt "1th co nc:cms who holds 1itlc to the pro pcny up until the actuaJ environmental abatement occurs . Thirdl y. he rcponcd 1h.1 t h~ has not hc.1rc.i runhcr on the negm iations with Montgomel)' Wards . (b) Cit y Moic1ger Cl3rk ,sked tlmt Council co mpl ete biographi ca l sheets requested by Assistant to the City Manager Grace . 14 . City Attorney's Repon (a) Cit y Att orney Bro11J11an asked ror consent or Co uncil to engage Attorney Nom ut n Beecher to aCI as special counsel "ith reg.1rd to the TCI Cable Consortium negoti atio ns . Mr . Brotzman explained tlsll the City of Englewood has been con tribu ting to legal expenses through the Cit y of Aurora for negotia tions in dranin g a rranchjsc agreement . Norman Bccche r h.'\S been working on th is agreement for the last sc,·crnl yc.irs as an employee or the City of Aurora . He is now in private practice and Mr. Brotzman would like to retain Mr. Beecher to continue with the project . Mr. Brotzman confinncd for Council Member H:nhaway th:u he has been s.11 isficd ,,i th Mr . Beecher's pcrfonn.1ncc up to this poilll . COUNCIL ME MBER HATHAWAY MOVED ,AND IT WAS SECONDED, TO APPROVE THE CITY ATTORNEY'S ENGAGEMENT OF NORMAN BEECHER TO ACT AS SPECIAL COUNCIL WITH REGARD TO THE TCI CABLE CONSORTIUM NEGOTIATIONS. Ayes : Council Members Hath.1way. Vonnittag. Wi ggi ns. H~bcnicht , I I I I Englewood City Council December 18, 1995 Pagc9 Nays : lllc motion carried . Wasgon.:r, Clapp, Burns None (b) Cily All am~• Brownnn said he has rccch·cd severa l inquiries rcgn rd ing use of discn.-t ionary funds . He a.U.cd if Council would like a more gcru:mH zcd statement regarding use of these funds . pro\'idcd they arc used for Counci l purposes. in the reso lut ion currc111l y being drat\cd for Council's co nsid era tion , Council Member Wi ggins stated thal he would 00 1 want a more gc ncral i7,ed statement. Council Member Hathn way ai;rccd that the resolution was drafted prclly well . She said , however, that the quarccrl y amount was 10 ha\'C been reduced to $75 .00 al the beginning of lase yea r. but the reduction was not rr.ncctcd in the dmft . Ci ty Allomcy Brot7Jll.111 asked if Counci l would like an issue of more p.1rticulari 1.cd items comi ng 10 Counci l for genera l apprn\'al. He sai d th.a l. O\'crall . there is 1101 a ge neralized sectio n. He asked if Cmmdl, ,au ld like 10 incorpor.u c ;i r--uvisi on tlml would all ow for ge neral i1em • not specifica ll y adrt rcss,d in the resolution. to be brough 1 up under Counci l Members' Choi ce as an issue to be appr0\'cd by Council at a publi c meeting. Counci l Member Clapp said th.11 she would like such 3 prO\·ision to be included . Council Member HNh:tway said he would also hkc 1his type of provision 10 CO\'c r the 5°/o gray area items th.it come up from tim e to time She sai d she would not like lo take an}thing out of th e draft, but just add a ge nera' stale mcnl. Mayo r Bums agreed that th is woul d be useful . (c) Ci ty Attornc:,, Brmz.111.111 ,,ishcd C\'cryone a Merry Chri stm as . 15. Adjournment COUNCIL MEMBER IIATHAWA Y MOVED TO ADJOURN . TI1c meeting adjourned :ti 8:30 p.m.