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HomeMy WebLinkAbout1994-06-06 (Regular) Meeting MinutesI I I. Call toOnler ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO RqularSeuloa Jue6,1!194 The regular meeting of the Englewood Cily Council -called lo order by Mayor Gulley at 7:32 p.rn . 2. m-ocallon The in,-ocajoa was gi\'al by Council M<mbcr Wiggins . The Pledge of Allegiance was led by Mayor Gulley. 4. 11G11 Call Present Abocnt: t:ouncil Mcmbcn Hathaway, Bums, Wiggins, Habenich t, Vorminag, Waggoner, Gulley None A quorum 1'115 ~t Also present : Acting Cily Manager Fonda Ci1y Anomcy DcWin Assistanl Cily Manager Reid Cily Cl<rl< Ellis Operati ons Manager Kavinslcy, Public Worts Park, Technician II Slcpbcnson Chief Accountant Gryglc:wicz Acting Din:ctor Stowe, Utilities Director Merkel , Community Dcvclopmcn 1 Acting Director Kahm. Public Works Director Black. Recreation Services S. Mi■uta (a ) COUNCll. MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE TH£ MINUTES OF THE REGULAR MEETING OF MA V 16, 1!194. Motion canicd. Ayes : Council Members Hathaway, Vorminag, Wiggins, Habcn ich1 , Waggoner, Bums, Gulley Nays : None (b) COUNCll. MEMBER HATHAWAY MOVED , AND IT WAS SECONDED, TO AP~ROVE THE MINUTES OF THE SPE.:IAL MEETING OF MA V 2J, 1!194. Ayes : Council Members Hathaway, Vormitlag, Wiggins, Habenicht , Waggoner, Bums, Gulley Eas1<nHCltyC-11Mi.ta J_,,1994 , ... 1 N■y1 : Noac Motion carried. 6. Prc-KKd■l<d Vlsicon (a ) Artist John Scott stated be Mlllld like to take back the lndiat1 sculpture wh ic h he donated 10 the City tilled "Come Bad< My l.irothm.• He pointed out 11ml the uca IS unk,mpl , the sc ulpture hns been vandaliud, the skull tnd spear stolen. !he "plaque wns ncv, r redone tr, the !nit in l nnd proper \lo'Ording", the lighting that ... was 10 be done hu nna been done" and he \~,\S to bVJll7.C the sc ulpture \\i lhin l\\l> yt3n of being donated. He ~cag:,d the cfli ns Jf'RoscllW)' La ?ortll,10 rai se the ·raliber of cullUIC" in the City . COUNCIL MEMBER WAGGONER MOVED, AND IT-WAS SECONDED, T.lAT THt CI T Y Of ENGLEWOOD llLINQUISB ANY RIGHTS TllA T THEY ~UY HAVE TO THE lNDIAN SCULPTURE PRODUCED BY JOHN SCOTT. Ayes : Council Mcmbcn Ha(J,av.,;,y, Vormit ta8, Wie_t:1iS. Habeni'.;,1. Waggoner, BWM. Gulley Nai~: None Motion carried. (b) Don Hanneman. Project Supcrintcodcnt for Castle ~ock Construe11,,n Compou y. staled they are the constructio n contmctor for the Soulh Santa Fe Drive project from Iliff to U.S. 285 . He pointed out that the project ..ilJ impact the City of Englewood. c,pc,cially at the intersection of South Santa Fe Drive and Dartmouth. Mr. HannclDIUl provided I brief synopsis of the construction sc hedule and responded to Council 's questions reprding podcsUian ICCCSS at Dartmouth and Santa Fe, in,poct of \\~lcr drainage in the walkway under Santa Fe. the lack of response to the first public meeting on thi s issue nnd construction configuration. 7. Non-scheduled Visiton (a) Ken HaBld■co. 3018 South Washingion. acknowled ged D-Day and the lh·es that "~re s.icrifiecd for the freed om we enjoy today. Mr. Haraldscn roqucsted the Englewood Citizen cany an article on the dangm posed by bees, yell ow jackets and hornets and appropriate treatment. Council Member Hathaway suggested the possibility of discussing the issue al the Swedish/City meetin g on Friday as Swedish is the "first line of defense" other than the City's paramedics. 8. Communications, Proclamatiot11 and Appoiatmcnll (a) A proclamation honoring Englc,,'OCJd residents Masao and Viola W:ikimura on the occasion of their 50th Wedding Annh'CtSOI}' was considered . The procltun.1tion was read in its entirety. COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO PROCLAIM JUNE 11, 1994 AS MASAO AND VIOi.A WAJCIMURA DAY IN THE CITY OF ENGLEWOOD , COLORADO. Ayes : Council Members Hathaway , Vorminag. Wi ggins. Habeni cht. Waggoner. Bums. Gull ey I I I I a:.c,.,.tod City c....u M1- Jue 6, 1994 ·•·J Nays : None Motion carried. Mayor Gulley presented Masao and Viola WakitDW11 with the proclamation. (b) A proclamation dcclariog the mooth of June, 1994 as Colorado Recycling Month in Englewood, Colorado was considered. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING TIIJ: MONTH OJ JUNE, 1994 AS COLORADO RECYCLING MONTH IN ENGLEWOOD, COWRADO. Motion carried. Ayes : Council Mamba1 Halhrny, Vonnittag, Wiggins, Habcnich~ Waggoner, Bums. Gulley Nays : None Mayor Gulley pn:xnted the proclamation to Susan Van Dyke. a member of the Clean, Grten and Proud Commission and Dana Glazier, Eavironmcntal Scnica Coordinator. 9. Public Hearin& (a) COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC BEARING 1'0 RECEIVE IN1UT ON THE REWNING REQUEST OF THE BLOCK BOUNDED BY WEST JEFFI.RSON AVI.NUI ON THE NORTH, SOUTH GALAPAGO STREET ON THE EAST, WEST KINYON AVENUE ON THE SOUTH, AND SOUTH BURON STREEl' ON THE WEST FROM 1-1 (LIGHT INDUSTRIAL) TO R-2 (MEDIUM DENsm· IU:SIDENCE~ A.~1 Council Membcn llatlia"'IY, Vonnitta g, Wiggins, Habenicht , Waggoner, Bums. Gulley I, ,s: None Motion carried ar. he public hcariog opened. All testimony ,.. ~,-en under oath . Director Md•'•• Dcpanmcnl of Community Ocvclopmcn~ was duly sworn in and provided proof of Notice of Pu blic Hearing, which was published in the Englewood Herald on May 19, 1994 . He advised that this rezoning has bcco a pan of the Comprcbonsivc Plan for the City of Englewood for some time as a targCI 10 provide a buffer zone in the t<:Sidcntir' ,,a ... th of Kenyon and the industrial and commcn:ial an:a 10 the north . The property, owned by the hollbcrgs, was dc\elopcd for ~e:c,thouscs, ho"-c-'Cr it has been unused and "under utilized" for appmxi .nately 20 ycan;. Mr. Merkel explained that the proposal is to construct 14 single famil y unilS and six multi-ratnily unilS. He advised that the applicant, Tim Sh ipl ey, will be requesting that then: be a continuation of the public bearing to June 20 , 1994, whi ch will allow him to fulfill his obligations to the Hollbergs . Tim Shipley, 8534 Double Header Ranch Road. Morrison. submi11ed certification of sign postin g. He n:spondcd to questions posed at the May 16, 1994 Council Meeting. Mr. Shipley stated that the proposed project docs not include an alley. This decision, he explained, was reached by a consensus of staff and hi s own dcsin: to create a project withoot a place to collect uash, old cars, etc. Mr. Shipley ex pl ained he is working ,.;,h At1ing City Manager Fonda n:gardiog poteotial solutions to running sewer lines without an allci· to provide access. He clarified that then: an: 12 single fumily homes in the projCC1 and a total of six townhomcs . The townhomcs "ill be on the north end to act as a buffer. h ....... Ck)'C.UCUMJ .. 1a Ju .. ,, 1994 .... Council Manba Halhany questioned. u far u the lad< of an alley 11 concerned, whether Ille Fire Dcpartmcnl bu exp~ concern aboul the lack of aa:aa lo any of lhc propc:nics. Mr. Shipley suucd he has no1 initwcd the building pcrmil applicallon proccsa which will address thal ilSUC. However, ii Is his bclicftbal as Uic,c is a hydranl on the comer of Kenyon and Huron Sired, and 1ha1 bloc:k is 392 feel lon g, lhnl lhcn, is rc:aoaable IICCCII lo all polnU on that block from Iha! hydrant Council Member Hathaway advised Iha! rcsidcnu In thc ldjacenl arcu on lhc cas1 hn,'C expressed conrern U 10 wbcthcr Ille projc,::I will blend In with thc ncipbo,bood. Mr. Shipley swcd 1h11 the project W1IS designed q,ccific:alJy for thc City ofl!"l)cwood, lo bl<ed, 110110 be inlruSi,'C, and IO be built "ilh quolil y building materials. He advised that seven of the bomcs be bu !Aken n:scrnatioos for arc for lhc Applcwood Plu wbicb have been buill in l!aglcwood al,ady al 3 100, 3110 Sou1h Corona Strccl. 3820 Soulh Elati SlrCCI and 3390 Sooth Emerson SlrCCI . Mr . Ship:cy m i ""cd archi1cctural drawings of lhe proposed townhomcs. In l<5j)O<\SC 10 City Attorney DeWitt, Mr. Shipley Slalcd that be feels 1hc R-2 zo ning is comp,uible \\ith other uses in the neighborhood and docs no1 believe 1-1 zoning is feasible al this time for the site . Mr. Shipley n:,qucstcd Council delay voting on the rezoning mailer unlil June 20, 1994 10 allow him 10 oblain his financing and close so lhal the Hollbergs arc no< exposed 10 a possibility of rezoni ng without closing. which thc Hollbcrgs arc strongly opposed lo. COUNCIL MDIJIER. HATHAWAY MOVED, AND IT WAS SECONDED , TO CONTINUE TIIE PUBLIC llEAJUNG TO JUNE 20, 1'94 AT 7:JO P.M. Ayes: Council Mcnlbcn Halllaway, Vorrniuag. Wiggins. Habcnichl, Waggoner, Bums. Gulley Nays: None Motion carried and the public hearing is continued 10 June 20, 1994 . 10. Public Foram lo Gatbcr Cillua Input 011 the 1995 Badret There was oo one present 10 spcalc to Ute issue. 11. Sttood R.udlng (a) COUNCIL MEMBER. HATHAWAY MOVED, AND IT WAS SECONDED, TO TABLE AGENDA fn:M II (a) TO JUNE 20, 1994 AS FOLWWS: COUNCIL BILL NO . 26, INTROD UCE D BY COUNC IL MEMBER HATHAWAY A BILL FOR AN ORDCNANCE APPROVCNG THE REZONING OF LOTS 1-32. BLOCK 21 . ENGLEWOOD WHICH IS LOCATED 3652-3698 SOIJllf HURON STREET AND 3651 -3 699 SOUTH GALAPAGO STREET FROM 1-1 . LIGHT fNDUSTRJAL TO R-2, MEDIUM DENS ITY RES IDE NCE . A)'CS : Counci l Mcmbcn Halha"~Y, VonnitLig. Wiggins. Habenicht. Waggoner, Burns, Gulley Nays: None 1.fotion carried and Council Bill No. 26 is 13blcd to lune 20, 1994. 12. Ordinaacca, llctolutlons and Motions I I I I laatew,,o,I City C-■dl Mlala J ... ,. 1"4 Pap,5 (a) Opallonl Ma.oaecr KaYUlll<y and Parks Technician II Stephcnoon presented a r=mmcndation from the Department ol Public Woru to IIJlPIO"C, by motion, the implementation or a Prococt Our Parks (POP) prog,am in Englewood. Mr. Kavilllky IWod that this prognm has been endonlCd by staff and rccommcodcd by the Parks and Rccn:ation Commission. Mr. Stephenson stated tluu the Parb DqJutmcnl ltlll; after cootulting with Safely Services, dc\'Cloped this program in an elf on to control vandalism and inrnasc citiz.cn involvement. The idea iJ to blitz the neighborhoods around the parlcs ,.;th brochures explaining the prognm. The progrun rewards citi ,~ns ,.;th a froc day pass to th e Eng lewood Recreation Center for providlng information rcsuhing lo the app rehension of vandals . Council Member Habenicht expn,ssed concern about the reward aspoct or the program . Mr. Stephenson noted that this is an experimental program, th.11 the hope is this will be mccnth-c for those citizens th.it might not otherwise call . Council Member Wiggins applauded the ParlcJ Ocpanmcnt on the proposed program and he agrocd \\ith offering the """"'1. Council Member Hathaway commcodcd everyone invol\'t•I in putting the proposal program together . She stated this is another way to show that the City ofEnglcwood ,.;u nDI tolerate gangs and graffiti . COUNCll. MEMBER BA TBA WAY MOVED , AND IT WAS SECONDED, TO IMPLEMENT THE PROTECT OUR PARKS PROGRAM IN ENGLEWOOD. Various methods or am'Cttising the p,ogram ,..,. discussed. Council Member Wiggins rcqucsl<d staff look into adding more signs in Belleview Parle Indicating alcohol is prohibited. V01e results : Ayes : Council Members Hathaway, Vormittag. Wiggins, Habenicht. Waggoner. Bums. Gulley Nays : None Motion carried. Mayor Gulley thanked the Parlcs staff for their concern and elTons . (b) Chief Acooootant Gryglcwicz presented a r=mmendation from the Dcpanment or Financial Scrviccs to adopt a bill for ao ordinance amending the General License Provi sions of the City 's Miscellaneous Licensing r<gulations . l!c explained the intent of the proposed changes is to clarify and in some inslanccs simplify the proccdurcs and rcquircmcntJ for attaining miscellaneous licenses in the Ci ty. The City Council , i,~e Greater Englewood Chamber or Commerce and the Engl ewood Downtown Development Authority have ;:'C\ioosly re,icwed the proposed changes and have give n it thr.i r approval. Council Member Hathaway commended Mr. Gryglcwicz and everyone who has worked on the amcndmcntJ. The City Clerk was asked to read Council Bill No. 27. entitled : U)lJNCIL BILL NO. 27, INTRODUCED BY COUNCIL MEMBER HA TIIA WAY lllcte,,...S City Coudl Mi.ta June 6, 1"4 Pace6 A BILL FOR AN ORDINANCE AMENDING Tl11Jl 5, CHAYl'ER I, OF THE ENGLEWOOD MUNICIPAL CXlOE 1985, GENERAL LICl!NSI! PROVISIONS AND REPEALING TI11.E S, CHAP'l'ER I, SECTION 10, ADVERTISING ON CITY BENOIES AND Rl!INST A TING IT AS TITI.E 12, CHAP1ER 6, OF THE ENGLEWOOD MUNICIPAL CODE 1985. COUNCIL MEMHR HATHAWAY MOVED, AND IT WAS SECONDEn, TO APPROVE AGENDA ITEM 11 (b) • COUNCIL Bll.L NO. 17. Motion carried. Ayes : Council Membcrt Hathaway, Vonnillag. Wiggi ns, Habenich t, Wagoner. Bums, Gulley Nays : Nooe (c) Chier Accountant GryglC\licz presented a recommendation from the Department or FiMncial Services to adopl a bill ror an ordinance amending the Amu.semcnts License Provi sions or the Cily 's Miscellaneous LicenJing regulations . He explained that ~ic intent or the proposed amendment is to nllow amusement cc-sters and arcades to transfer locations by filing no appropriate app lication and pa)ing a $25 .00 tnnsf.T rec. Mr. Gryglc..icz advised that sta!Twill meet "ith Council at a later Sludy session to m i cw other propoocd changes to the Amusements IOClion or the Code. The City Clerk was asked to read Council Bill No. 29, enti0ed : ' COUNCIL BILL NO . 29 , IN'lll.ODUCI!D BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE AMENDING Tl11Jl S, CHAPTER 2B, SECTION 8, PARAGRAPH C, OF THE ENGLEWOOD MUNlCIPAL CODE 1985, ALLOwrNG AMUSEMENT CEt-ITERS OR ARCADES TO TRANSFER LOCATIONS BY FILING AN APPROPRIATE APPLICATION AND PAYING A LICENSE TRANSFER FEE . COUNCll. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) • COUNCIL BILL NO. 19. Ayes : Council Membcrt Hathaway, Vom1itL1g, Wiggins . Habeni cht. Waggoner, Bums, Gulley Na)~: None Motion carried. (d) Chier Acxountanl GryglC\>icz presented a recommendation from the Dcpanment of Financial Ser.i ces to adopl a resolution approving a mid-year transfer or runds. He explained the resolution amends the 1994 Budget to transfer $10.470.70 from the Public lmpro\'ement Fund to th e Conservation Trust Fund and appropriates $36,000.00 for the cost or improvements to the Floyd and Broadway parking lot The cost of the improvements Mil be completely offset with m'Cnues rrom the tcnnnt, B & B Conoco. The resoluti on was assigned a number nod read by ti0e : .... RESOLUTION NO . 52, SERIES OF 1994 A RESOLUTION AMENDING THE 1994 BUDGET OF THE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO APPRO VE AGENDA ITEM 12 (d) • RESOLUTION NO . 52, SERIES OF 1994. I I I I lalleweN CkJC-UMbucta J-'·"" Pace 7 Council Member Halbaway qUCllioood wlly ii WU proi-1 I.bat the filDds be taken out of the Col\lCIVMlon TNII Fund In the Ii,. place. Mr. Gryglcwic:z lllviml that. In the post. the Conservation Trust Fund tnndcnal lollcry monies 10 the Public Improvement Fund 10 account for the construction of Loucry funded projccls. The ConscMtion Trust Fund now aa:ounlJ for ill own construction . Discussion ensued. Vote results: Ayes : COUllCil Memben Halhaway, Vorminag. Wiggins. Habenicht . Waggoner, llw'N, Gulley Nays: None Motion carried. (e) Chief AcaJUDtant Gryglcwic:z prueotcd a rocommcndation from the Firelighters Pension Board to adopt a bill for an ordinance Clllblishlng I.be City's Self-Insurance Fund as the means for acoounting for and paying the 20% supplcmcalal cfuability to old hire firefighter rocipients. In the p.'\Sl the payments ha\'C been made from the actual Pcruioo Fund. City Allomcy DeWitt advised that the fircfigblcs 's pcnsioa anomcy has indicated that he is co ncerned with ccnain \l<>rdiog in paragraph E. Mr. DcWin stated he feels the issue con be rcsoh'Cd. Di scussion ensued. Mr . DcWiu n:spondcd to Council Member Wiggins concerns and explained that the proposal ord inan ec pro,idcs for • separate 11XOW1ting of the 20% Supplemental Disability Benefits . The City Clcrlr. was asked lo road Council BW No. 30, entitled : COUNCIL BILL NO. 30, INl1lOOUCED BY COUNCIL MEMBER WIGGINS A BILL FOR AN ORDINANCE AMENDING Tl11J! 3, O!APTER 8, SECTION I. SUBSECTIONS 2 AND 3, OF 1llE ENGLEWOOD MUNICIPAL CODE, 19ll5 ESTABLISHING 1llE SELF-INSURAN CE FUND FOR PAYMENT OF 20-/4 SUPPLEMENT AL DISABILITY BENEFITS FOR QUALIFYING ENGLFWOOD FlREFIGH!llRS. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM ll (<) • COUNCIL BILL NO. JO. Motion carried. Ayes : Council Mtmbcn Hathaway, Vormittag, Wiggins, Haben icht , Waggoner, Bums, Gulley Nays : None (0 Acting Director Sta" prcscn:cd a recommendation from the Water and Sewer Boa rd 10 appro\'C, by motion, the purchase of a supervisory Control and Data Acquisition System (SCAD A) with computer information processing . He noted that the Utilities Dcpanmcnl opcr.:ncs a lclcm ctry system to monitor remote facilities from the Allen Filter Plant The existing system was installed in 1980 and is obso lete. Mr. Stowe stated that the SCADA S)'5lCm is based on radio communications and will in clud e computer hardware and software to continuousJy mm,itot on-line data and provide alarms to the operations di,ision to make cornction if need be to tho distribution system. The cost of the syste m is $70,3 04 .10. The system is included in the 199~ budget at $58,000 . He c.xp laincd that the differe nce between the budgeted and requested amount is the computer ponion of the SCADA System . E ■sJe,rood Chy Caadl MlNla June f 1994 Pace• In n:sponsc to Council Member Hathaway, Acting Director St°"" ■dviJod that the syacm ,.ill be housed al the Allen Filter Plant and the radio froquoncica have 1-1 lppnMd by the FCC. It was noled thal this cost is hued on a SWc bid. COUNCIL MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVJ~ THE PURCHASE OF A SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM (SCADA) IN THE AMOUNT OF S70,J04.10, Ayes : Council Mcmber1 Hathaway, Vonniltag, Wiggins, Ha benicht . Waggoner, Bums, Gulley Nays : None Molion carried. (&) Acting Din:ctor Stowe presented a ra:ommc'ldation from the Utilities Dcpanment '" ado pt a bill foe ao ordinance appm-ins the grant ol cascmcot and right-<>r-way between the City or Englewood and the Cit y or Littl eton foe a draina;ie easement on the Mclellan Rcsc,voir propcny . He cxp lni ncd th.nl surface water drainage first flo ws to a pump station. which is des igned to hand le a two yc.1 r sto nn event, l'ith CJ<ccss 0\-erllow going into Mclellan Rcsccvoir. Council Member Vonnittag pointed out lhal Council should ha,,. rccch'Cd a map or the affocted area . Discussion ensued. 17,e Ci ty Cleek was asked lo read Coanci l BiU No. 25, entitled. COUNCIL BILL NO. 25, INlllODUCED BY COUNCIL MEMBER BURNS A BILI. FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL PERPETU AL EASEMENT AND RIGIIT-0<'-WAY TO CONSTRUCT, MAINTAIN , OPERATE AND RECOI\STRUCT STORM WATER OVERFLOW Otm.ETS FOR SURFACE WATER DR .\rNAGE FROM ADJACENT LAND , FILTER FENCING FOR TRAPPING SEDIMENTS (ENVIROFENC E). A PERIME'I~ WALL AROUND 1lfE EXTERIOR OF TIIE ADJACENT SUBDMSJON KNOWN AS SOlffi-lPARK SUBDM SION FILING NO. I I, BETWEEN 1lfE CITY OF ENGLEWOOD. 11-IE CITY OF LITl1.ETO N AND PENINSULA HOMEOWNERS ASSOCIATION . rNC . FOR 11-IE CITY OF EN GLEWOOD PROPERTY KNOWN AS MCLELLAN RESERVOIR. COUNCIL MEMBER BURNS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 12 (&) -'COUN CIL BILL NO. 25. Discussio n ensued n:garding m i cw of the proposed ordinane< by the Water and Sewe r Board . Mayor Gulley ad,iscd that the Board is awan: or this pro posal . C:ounci l Member Waggoner agn:cd ,.;,h Council Member Vormillag that a map should have been pro,ided. Motion carried. A)'CS : Couoci l Member1 Hathaway , Vonnillag. Wiggins. Habenicht, Wag,;Jnc r, Bums, Gulley Na)~: None (h) Acti ng Dirocto r Stow< proscn ted a roco mmcndation fr om the Li11lc1on/Engl ewood Wastewater Treatme nt Pl an t lo ap prove a n:solution authorizing a pri e< list for provi ding lnbomtory I I I I laslcwOMCIIJC-,l- Juae6, 1"4 Pace9 analyaca for indullrial uacrs. Ile llaled 1h11 tbc lndwlrial Pn:lrealmcnl Dlvillon pcrmiis industries in bolh the Liuldon 1111d EagJ.......i aervice-. 11lllle industricl an, n,quirod lo do sclC mo1tl1oring ol !heir discharges 10 tho plant Al Utls lime prelRllmenl analysis has been conlracled 10 oulSldo labonuorics and lhe indWlries an, billed for tho coot clwp,d by tbc contrac:I labonuory. Mr. Slowe advised Iha! lhc Little1onll!nglf:W00d WIIICMUr To,atma,t Planl laboratory bu Ibo equipment and manpower 10 begin running some ollho analysis in-house . Tbc proposed price list has been dcvclopod 10 charge lhe customers for this \\'Orie . Lengthy discussion ensued regarding the we oflho labonlory for requests by busin esses other 1h.1n 1hc pcnnilled industries. Cily Allomey DcWill advised Iha! ii is his undemanding Iha! thc propo.scd cosu closely approxi n·.dt e lhc actual cost or pn,Yidiog the service . Acting City Manager Fonda confumod 1h11 approval from the Liltlelon Ciry Council is nol =ry on Ibis pn,posal. only approval Crom tbc E.n3'eMIOd City Council . In response 10 Council Member Habenicht. City AtU>mey DcWill explained Iha! Council must approve all charges impoocd upon citizens. Council Member Halhaway qucsti~ocd tbe potential Uabili1y or conducting these ICSIS. Di S1.-ussion ensued . The resolution was assigr.d a awnlx:r and <.ad by title : RESOLITTION NO . SJ, SERIES OF I 994 A RESOLIITION APPROVING FEES FOR 11IB LABORATORY ANAL Y~IS PROVIDED BY THE LITTl.ETONIENGLEWOOD WASTEWATER TREATMENT PLANT LABORATORY. COUNCIL MEMBER HABENICHT MO,VED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 12 (h)-RESOLUTION NO. 53, SERIES OF 1994. Acting Diru:tor Stowe, ia response to Council Member Bwns, advisod Iha! there are approximarcly JO permitted industries in tbc Li1Ue1oo1Englev,'0Ud am, aad the EPA is considering regulations tha t \\i ll increase the pcnnilled business liL Motion carried. Ayes : Council Members Halhaway, Vonnill.ag, Wiggins, Habcnichl , Waggor.cr, Bums, Gulley Nays: None (i) Director Merkel prcscnlcd a rccommcnc..:· ,n from the Dcpanmenl of Communi1y Dc\'clopmcnl 10 adopl a resolution aulhorizing staff to ICI up uic ndministration of loan assistance for the Englewood Small Business Dc\'clopmenl Corporation. Mr. Merkel recommended tab ling the rcsolulion unlil the program has been considcml fun.bcr by the Englewood Housing Authority, City Council reprcscniati,-cs and the Engl""""'1 SmaU Business Dc\'clopmcnl Corporation . The in1en1 is 10 allocalc Project BUILD funds for supplemental ocooomie development projects . Because, by Slate S1a1u1 e, 1he Ci1y can not provide assistance directly to businesses, the Engl""""'1 Small Business De\'elopment Corporation will be used to administer the funds . Mr. Merkel staled Iha! rather lh.10 lu,rry the program 10 acco mmodale specific businesses, guidelines should be established carefu lly "ilh !he in vo h·cmcn1 of 1hc E■&lcwood CIIJ C-U Ml■■ta J ... ,, 1'94 , .... . Englewood Housing ',utbority Bo■nl, UDC> Projoct BUILD funds arc involval. While the program is being dcvclopcd. tradi.ioaal io■D funds cu be utilized for buliJicacs in need of immcdiale assistana:. COUNCIL MEM IER HABENICHT MOVED, AND IT WAS SECONDED, TO TABLE AGENDA ITEM 12 (I) -, OLIJ1-,ON ISTABIJSHING A LOAN ASSISTANCE PROGRAM AND APPROVING MONIES POR Tf1E ENGLEWOOD SMALL BUSINESS DEVELOPMENT CORPORATION. Ayes : Council Members Hatha•~. Vonninag, Wiggins, Habenicht , Waggoner, Bums, Gulley None Motion carried and the raolution is tabled. (j) Acting Director Kalun proscnlcd a n,commcndation from lhc Dcpartmcnl of Public Works to appro,-c. by motion, a COOlraCI for alDSIJuCtion of Concrcle Rcplaccmcnl Prognam I 99~. The lowest 1cchnicaJJy acccpcablc bid was submiltcd by N.,. Design Construction Company in the amounl of SI 30,30S.OO . Mr. !Wun rclalcd that this company has pcrfonncd satisfactorily on many occasions in lhe p351 and al l conauc being rcplac,d is the City's responsibilil)•. Handicapped mops will be conslrueled al 1hc new curt, returns. He staled thal lhcrc is $1&0,000.00 available in lhe Public Improvement Fund for lh is project . He pro,idcd a breakdown of lhc program costs. COUNCIL MEMBER HA l'HAWA Y MOVED, AND IT WAS SECONDED, TO APPROVE A CONTR~CT FOR CONSTRUCTION OF CONCRETE REPLACEMENT PROGRAM 1994 TO NEW DESIGN CONSTRUCTION COMPANY IN mE AMOUNT OF SIJ0,305.00. Motion carried. Ayes: Council Members Hathaway, Vorminag, Wiggins, Habcnichl , Waggoner, Bums, Gulley Nays : None (It) Acting Director Kabm prcacntcd • n,commcodation from the °"Partmcnt of Public Works lo adopt a bill for an ordinance eslablishlng asscssmcnu for Paving District No. 37 and a resolution ootifii ng propcny OWDCB oC asscssmcnlS and lo establish July 18, 1994 al 7:30 p.m. as a dale for a publi c braring on ISlmlllCIIIS. He advised that Ordinance No. 21 , Series of 1993 cn:ating Paving District No. 37 was approved April 19, 1993. The purpose of the district was for lh• construction and inslallation of strccl paving, and placcmcnl of curt,, gu!lcr, and sidc:w:ilk lo meet Cily Slandards, specifically in lhc 2000 10 2300 blocks of West Yale A,-cnuc. Mr. !Wun staled lhc Cily alloc,ucd funds for lhc project in lhc amoont of$3S7,000.00 from tbc City's General Fund . The original cstim:ue for the Cily's share was $229,000 .00 -..ith ....-.n.:nll Cllimaled II $128,000 .00 . As lhe project w:is completed lhe :isscssmenlS came in al $112 ,07S.41 and lhc City 's portion al $260 ,366.73 . The City 's portion of th is project is $31 ,000 .00 higher than lhc original cstimale because nf lhc additional rcquircmenl to construct a fire wall lo prolcct lhe building al 2090 West Coll ege Avenue. (i) The City Cieri< was asked lo read Council Bill No. 32, enlitled : COUNCIL BILL NO. 32 . INTRODUCED BY COUNCIL MEMBER HATIIAWAY A BILL FOR AN ORDfNANCE APPROVING THE WHOLE COST OF TilE IMPROVEMENTS MADE WITHIN PA YING DISTRICT NO. 37 IN TilE CITY OF ENGLEWOOD , COLORADO : APPROVI NG AND CONFIRMING THE APPORTIONMENT OF TilE COST 10 EACH LOT OR TRACT OF LAND IN SAID DISTRICT ; ASSESSING A SHARE OF Tiffi COST AGAINST EACH LOT OR TRACT OF I I I I E■&l<wood OCy C-U Miaatn Juae6,1"4 Pace 11 LAND ; AND PR.ESCRJBINO TilE MANNER FOR TilE COLLECTION AND PAYMENT OF rnE ASSESSMENJ'S. COUNCIL MEMBER H !,THAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (l<)(l}-COUNCIL BILL NO. 31. Motion carried. Ayes: Council Membcn Hathaway, Vonnittag, Wiggins, H>bcruch~ Waggoner, 8111115, Gulley Na)-s: None fti) The raolutioo MS aligned a nwnber and read by title : RESOLIITION NO. S-4, SERIES OF 1994 A RESOLtrnON AtJlllORIZING TilE NOTIFICATION OF PROPERTY OWNERS OF ASSESSMENTS wmnN PAVING DISTRICT NO . 37 AND ESTABLISHING A DATE FOR A PUBLIC HEARING ON TilE ASSESSMENTS. COUNCIL MDOEJl HATHAWAY MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 12 (k)(II) -RESOLUTION NO. 54, SERIES OF 1994. Co unci l Member Bums asked if the assessments must be voted on by the public in an election . Mayor ' Gulley n:spoodcd that an election is nol ncccssa,y because it was funded through the General Fund . Ayes: Council Mcmbcn Halhaway, Vormittag, Wiggins, Habenicht, Wagg,,ncr, 8111115, Gulley Nays: None Motion carried. The public bearing is SCI for July 18, 1994 at 7:30 p.m. (I) Acting Director Kahrn presented a recommendation from the Dcpanmcnt of Public Woric.s to adop( a bill for an ordinance approving an Intergovernmental Agm:ment with the City of Thornton 10 exchange RD!omilling services for goods provided by Thornton. CurrcnUy, and for the last several yea,s, the City bas provided RD!omilling services to the cities of Westminster and Lit.0clon in exchange for paint striping and concn:te work respectively. Through the proposed agm:ment wuh the Ci ty of Thornton. the City of Englewood \\ill receive items of choice, including sand/sail. hot mixed asphal t. or crushed aggregate for an amount totaling $12,314 .40 . This figure is derived from a ro1omill charge of 35 cents per square yard. The Deputy City Cleric was asked to read Council Bill No. 33 , entiUcd . COUNCIL BILL NO . 33, INTROD UCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE AlllllORIZING AN INIBRGOVERNMENT AL AGREEMENT BETWEEN THE CITY OF THORNl'ON, COLORADO AND THE CITY OF ENGLEWOOD , COLORADO FOR AN EXCHANGE OF TilE CITY OF ENGLEWOOD'S ROTOMILLING SER VIC ES TO THE CITY OF TIIORNTON FOR SAND/SALT. HOT MIXED ASPHALT, OR CRUSHED AGGREGATE MATERIALS . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 12 (1)-COUNCIL BILL NO. JJ. Eas)ewood City Cau,dJ Mlata Juae ,, 1994 Paa<ll ActinL Dirtctor Kalun, in r<SpOOIC to Council Member Vormilllg. odvised that the City oC Englcwood ,.,11 provide the ~omiU and the opcnton, and the worlt will take approximately thttc clays. Discussion elllUCd ropnlilla the need for an intc,govemmcntal agn:cmcnl A)-.s: Cruncil Mcmbcn Hathaway, Vonninag, Wiggins, Habenicht . Waggoner, Bum!. Gulley N•>~= None Motio n ca rried. (m) City Attorney DeWitt pn:scntcxl a n:aimmcndation from the City Attorney 's Offi ce 10 adopt a bill for an ordinance authorizing an Intergovernmental Agreement between lhe City or Engle wood and the City of Sheridan relati,-c 10 the golf COW11C . He passed out copies of the agrccmcnl and advised thal the contra.."1 was dcli\-crod to the Sheridan City Attorney. Direct or Black rapoodcd to Council Member HaUtaQ)''s concerns regarding Sheridan 's PUD process . City Attorney DeWitt advised that if the PUD docs not pass the agreement is null and >'Oid. Council Member Waggoner Slated there are financial implicatioos in the COSI of stonn drainage that goes through the golf aiunc and the cost ia lieu of taxes and questioned wbcthcr they would affect lhe pa)m cnl of the bonds for the golf COW11C. Mr. Bladt stated it will not affect the bonds . The bonds requi re a rese rve or $400 ,000 .00 . M.1yor Gulley asked that City Attorney DeWitt explain the stalemcnl in the council communi ca ti on tha l there may be Amelldmcn1 I issues crated by thil polic'J. Mr. DeWill staled that the Ci ty of Sheridan is imposing a ctwg,c here and he docs not believe there is a legal obliption on the part of the City of Englewood to pay that charge. There is an argumcol that the charge is in fact a tax . Discuss ion ensu ed . Council Mcmbu Hathaway stated I.hat the payment in lieu or taxes is based on a 3.5% increase in fees at th e Golf Cow1C. Discussion ensued. The City Cieri< was asked 10 road Council Bill No . 31 . cntiUcd : COUNCIL BllL NO . 31 , INTRODUCED BY COUNCIL MEMB ER HA IBA WAY A BILL FOR AN ORDINANCE AUIBORIZING AN INTERGOVERNMEt-IT AL AGREEMEt-IT FOR PA YMEt-IT IN LIEU OFT AXES BETWEEN THE CITY OF SHERIDAN, COLORADO AND IBE CITY OF ENGLE WOOD, COLORADO. COUNCIL MEMBER HATHAWAY MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 12 (m) • COUNCIL BILL NO . 31 . Council Member Habenicht staled that she feels it is important to cooperate with Sheridan and recogni ze lhc City ofEngl.--'OOd 's obligations lo them . She docs not foci this is lhe best allemati,-c, but thal ii is a viable allcmativc. Council Member Waggoner raised questi ons regarding the Mutual Prmisions on pa ge 3 of the ord inance . Ai-cs : Council Mcmben Hathaway, Vonnillag, Wi ggi ns, Habenicht, Waggoner, Bums, Gulley Nnys : None I I I I !aalcwood City Coooadl Mb,Jta J ... ,. ,,,. P■p lJ Motion carried. 13. Gcntnl Dbal- (a) Mayo(s Choio, I. Mayor Gulley n,qucsu,d Council diJICUSS the issue of establ ishing a Career Servi ce Bo.ird aucndanco policy at a study session in the very near futwo . Co uncil Member Hatha•'I)' requested 1h11 the City Attorney review Code provi sio ns governing the Caree r Sc"ice Board 10 soc if Council can require them to hive ■n attendance policy. 2. Mayor Gulley agn,cd with Km Hanldoen thll I gestwe of appn:ciation is in order in commemoration or the 50th anoh'Ctlll)' oC D-Day . Council Member Hathaway suggested the City <0nsidcr doing something 10 recognize D-Day as pan of the City's Founh or July celebration. (b) Council Members Cho ice (i) A resolution in suppon of the continuod design and constructio n of the U.S. 285/B roadw.iy lntcn:bange ,.,.. coosidcrod. The resolution was assigned a number and rcad by title : RESOL!ITION NO . 55 , SERIES OF 1994 A RESOL!ITION IN SUPPORT OF l1IE INCLUSION OF l1IE DESIGN AND CONSTRUCTION OF l1IE U.S. 285/BROADWAY INTERCHANGE IN THE 1995-2000 TRANSPORTATION IMPROVEMENT PLAN . CPUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM IJ (b)(i) -RESOLUTION NO. 55, SERIES OF 1994. Motion carried . considered. Ayes : Council Member, Hathaway, Vonniuag, Wi ggi ns, Habenicht , Waggoner, Burns. Gulley N.iys : None (ii) A resolution approving Aid to Other Agencies funding for 1994 "~' The rcso lulion was ass igned a number and read by titic : RESOLlITION NO. 56, SERIES OF I 994 A RESOLlITION SPECIFYING AID TO OTIIER AGENCIES FOR 1994 BY 1llE CITY OF ENGLEWOOD , COLORADO. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM IJ (b)C,i) • RESOLUTION NO. 56. Ayes : Council Memben Hathaway , Vormittag, Wiggins , Habenich t, E■pewood City Couadl Ml■attt J■■e6, 1994 ,.,. 14 Waggoner, Bums. Gulley Nays: None Motion carried. (iii) Council Member Hathaway: I. Sbe discussed the City 's commitmcnl to the U.S . 285/Bmadway Interchange proJcct . Ms . Hnthaway sta ted she intends 10 auach Resolution No. 55 lo the memorand um, ilSll -d by Public Works Diroctor Esterly, to all DRCOG board members. Ms. Hathaway stated that if the, ty commilS to matching funds for the c:omu,IClioo of the bridge. it could oost bet,..,.,. 1.6 and 2 '11illion dollors. She feels the budgeting prncess in the Fall of 1994 should addrosa these possible cost.,, Council Member Waggoner questioned wbclhcr the highway dcpertmcnl makes the local funding m:uch on major highway projocls. Cooncil Member Hathaway rorpondcd that the City did not pmiiously guarantee the matching funds because oflhiJ prcsumplion and consequently the construciion was dropped from the Transportation Improvement Plan (TIP) in May. 2. She coocum:d -.ith Mayor Gulley's conccms rcganling a Career Scniee Board auendancc policy and c.,'Jlrcsscd her thanks to Sue Bradshaw, Exccuth-e Assistant to the City Man.1ger, for the memorandum regarding board and commission aucndanee policic:.s. (iv) Council Member Vorminag staled he aa,,,odcd the RTD Light Rail meeting .. ,1h Council Member Hathawa y, Bill Cla)10n from the Board of Adjustment and Appeals and th e Chamber of Commerce, and Assistant City Manager Reid. He ootcd he found the meeting very in1crcsting. M Council Member Wiggins : I. He asked Assislanl City Manager Reid to cboclt the llalus of the Federal Fire Station . Mr. Wiggins ad,i scd he noticed a sign posted offering the building for sale or lease. 2. He remarked that the property owned by the City, on the southwest comer of Broad\\~)' and En&lcwood Parkwny, is not being properly cared for and requested staff lo look into the matter. 3. He ad\iscd that the restrooms al Belleview Parl< retain waler inside and have a terrible od or. He requested stafT sa: about correcting the problems. 4. Hr. stated he ,.ill be on vacatio n and unable to attend next week's study session . (vi) Council Member Habenicht stated she appreciated the Sunday bud ge t meeting. She requested that stalTprepan: materials regarding City finances that can be distributed consistently at Englewood Somethi ng to Talk About meetings. Council Member Hathaway suggested using something similar lo lhe 1994 Budget at a 'Glance . (\ii) Council Member Waggoocr : I. He asked that stair follow through wi!h the ret urn of the John Scou In dian scu lptur e and asked wh eth er a quit claim deed will be ncccssa,y . I I I I l:a&lcwood City c.adl Mlata ...... ,. 19'4 Pa~l5 Cily Allomcy DeWilt IClpOlldcd that he bu not reviewed the conllaCI r=ntly and a r=ipt might suffice for the n:tum oC tbc ,culptuR. 2. Ho commcntal thal IWf should be walking the parb and medians in the 5ln:CU to find out where the weeds and graffiti an:. He feels that if the areas are not maintained, it is hard to justify nddlng new medians to lhc succt.s . (,iii) Council Member Burns : I. He llaled be aif"Cd with Council Member Waggoner, that if the City builds something th ey should maintain it 2. Council Member Hathaway n:spoodcd to Council Member Burns concerns regarding the U.S. 285/Broadway interchange. J . Council Member Bums stated "we an: all pushing for the light rail line" and he continues to nltcnd meetings oo the propo<al. 4. He requested an update on the Tri-Cities Planning Committee. 5. He pmidcd an update on the cffor1 to move the depot (L,) Council Member Hathaway staled that sbe has rc<:ei,i:d calls regarding the Sherman Stn:c1 propc,ty, across from On:banl Place, advising that trucks have pulled into the alley om the last two weekends and taken din and they do DOI know if it was dono "leplly or illegally." She staled tlc11 there is cono:m O\U the dUSI mated from that property when the wind blows and neighbors would like 10 know what the plans arc for that propc,ty. 14 . City Mao•r'1 Cloolc:e (a) Acting City Manager Fonda asked that Council advise Assistant City Mnnagcr Reid, by the next City Council meeting on June 20, 1994 , of any items they would Ii.kc 10 see on tl1c November ballot. (b) Acting City Manager Fonda staled he will not be al the lune 20, 1994 City Coun cil meeting. 15 . City Attorn,y'1 Choice (a) Mr. DeWitt presented a recommendation to adopt a bill for an ordinance authori zing the City ofEngl""ood 10 lease the minialwe golfc:our,e clubhouse building 10 Pro ::Puu Systems, Inc. Director Black noted that this item was brought up by SC\'eral council members at a stu dy sess ion a couple of months ago and it was taken lo the Parks and Recreation Commission . Staff was requested 10 look into the Small Business Loan Program. which is no1. feasible at thi s time, and an in,·cstmcr.t from the Cit,·. He stated lhat the Parks and Rocrcation Commission made a unanimous recommendation to Counci l to · suppor1 Riverside in their change of ownership cfforu. Mr . Black staled that City Allomey De Win h.1s advised that the City cannot in,-cst in the corporation. The Parks and Recreation Commission mad e the decision 10 recommend purchasing the building and leasing ii back 10 PRO ::PUTT Systems, Inc. The City Clerk was asked 10 read Co unci l Bill No. 34 , entitled : EaskWoodCityC... Mi..ta Juae6, 1994 Pase 16 COUNCIL BIU. NO. 34, llm\ODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AlTTHORJZING THE CITY OF ENGLEWOOD TO LEAS E TO TI IE PRO ::PUTT SYS'JEMS, INC . CLUBHOUSE! BUILDING WHICH IS LOCATED AT 1llE ENGLEWOOD GOLF COURSE. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONI IED, TO APPROVE AGENDA ITEM 15 (a) -COUNCIL BILL NO. 34. Arcs : Council Mcmbc11 Hathaway, Vonr.iuag. Wiggins. Habcn ic h1. Waggoner, Bums, Gulley Na)~: None Motion carried. Cily Allomcy DcWiu staled that Council needs 10 appro\'e , by motion. lhe purchase of 1he pro perty. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECO!','DED, TO APPROVE TII E BILL OF SALE AS FOUND IN THE JUNE 6, 1994, COUNCIL COMMUNICATION FOR AGENDA ITEM 15 (a) IN TIil: AMOUNT OF $39,000.00. Motion carried. Ai cs: Council Members Halhaw.iy , Vormiuag. Wiggins. Habcn ichl War,.goner. Bums. Gulley Nays: Nooe (b) Mr. DeWitt staled that Waste Management is defending lhe Cily againsl cl aims made by 1he Environmcnlal Prot<Ctioo Agency (EPA). (c) Mr. De Will staled that Thomas Plateing has rca:i\'ed Notice of Violation of the Unifo nn Fire Code and Building Code \\ilh respect to lwardous materials and oc:cupancy viobtions . (d) Mr. De Will ad.,.iscd that a negligence case, iD\-olving lhe inspection of fumac<s brought agamst lhc Cily of Engle1'-ood • number oC years ago. has been dismisacd by District Coon . 16. Adjou!11m<at COUNCIL :.tUlBER BURNS MOVED TO ADJOURN . The meeting adjourned at 9:50 p.m. ~ ·. ,/-(l(;)(.Jll IL, City Clerk I I