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Home My WebLink About1994-10-03 (Regular) Meeting MinutesI I These minuies were C:OITCClcd on page 9: Agenda 11cm 13 should be City Mana~cr Clark A,enda ltem 14 should be Acting City Auorncy Semple ENGLEWOOD CITY COUNUL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO RtplarScssloa October J, 1994 I. Call to Order The regular meet ing of the En gk"ood City Council 11,is ca lled to order by Mayo r Gull ey at 7:28 p .111. 2. Invocation 11,e invocation was given by Council Member Wiggins. 3. Pledp, o( Al~ance The Pledge of Allegiance was led by Mayor Gulley . 4 . Roll Call Presen t: Absent: Council Members Hathaway, Burns, Wiggi ns, Habeni cht , Vom1it tag, Waggoner, Gulley Nooe A quorum was present. Al so pr=nt: City Manager Clark Acting City Attorney Semple Assistant City Mi., igcr Reid Assistant City Allomey Brotzman City Clerk Ellis Director Esterly, Public Works Director Slanley , Safety Servi ces Director Merkel, Communily Devel opment Director Fonda, Utilities S. Minutes (a) COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUll:S OF THE REGULAR MEETING OF SEPTEMBER 19, 1994. Motion carried . Ayes : Council Members Hathaway, Vormittag, Wiggins, Habcnich~ Waggone r, Burns, Gulley Nays: Nooe (b) COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECOND ED, TO APPROVE THE MINUTES OF TOE SPECIAL MEETING OF SEPTEMBER 24, 1994. Ayes : Council Members HaU,away, Vom1 i11ag, Wiggins, Habe nicht , Waggoner, Burns , Gull ey Nays: None EngleM,od City Council Octcbcr 3, I 994 Pagel Motion carried. 6. Prc-sch,dukd Vlsllors The re were no prc~schcduJcd visl lors. 7. Non -scheduled Vbllors (a) Ken Haraldsc n, 3018 Soulh Washington Slnlcl, encouraged Council 10 find a way 10 co ntinue the Holiday Parade tradition, which he reels is important 10 Englewood, and he questioned the cost . Mayor Gulley confirmed !hat the 1994 Holiday Parade has 1101 been cancdcd. However. it is 1101 in lhe 199 5 Budget. She C.'Pl<SScd hope lhal lhc community will elect lo raise fwids for lhe parade. She ad\'iscd Iha! lhc Cily budgeted Sl ,000 in cash and another Sl ,000 for in-kind services for the 1994 parade. Mayor Gull ey and Council Me mber l!albaway pointed oul thal if the communily docs not su ppon th e fundin g of the project lhc parade may ha,-e to be canceled in 199 5. Council Member Habcnichl a<hisod that the decision to cancel the parad e would be made by the Englewood Parade Association, not lhe Ci1y. 8. Communications, Proclam11ioe1 ud Appointments (a) considered. A proclamation declaring the monlh of October 199 4 as Crime Prevention Month was COUNCU.. MEMBER IlA TUA WAY MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAIIIATION PROCLAIMING THE MONTH OF OCTOBER 1994 AS CRIME PREVENTION MONTH IN THE CITY OF ENGLEWOOD . Motion carried . Ayes : Council Member> Hathaway, Vonnitta g. Wiggins . Habeni cht , Waggoner, Bums. Gulley Na)>: None Mayor Gull ey prcsco1ed lhc proc lamation 10 Marie Dymek, Public Education Specialist. Safely Scr\iccs. (b) A proclamation declaring the week of October 9 through IS, 1994 as Fire Prevention Weck. COUNCU.. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED , TO APPROVE A PROCLAMATION PROCLAIMING THE WEEK OF OCTOBER 9 THROUGH 15, 1994 AS FlRE PREVENTION WEEK. Ayes : Council Members Hathaway, Vonnittag. Wiggin s. Haben ic ht . Waggoner, Bums. Gulley Nays : None Motio n carried . Mayo r Gull ey prcscnled the proclamation 10 Marie Dymek. Publi c Educa tion Special isl. Sa fety ',."'ices . I I I I llo&lewood City C..lldl <><t•rJ,1994 Pac,,3 Council Member Hathaway ldviaod thal the Jdfenon Fire Slalion will be having an open house on OcldJer 15, 1994 Crom noon to 4:00 p.rn. (c) A proclamation dcclariog the day ofOctcbcr 12, 1994 as Nalural Disaslcr Awareness Day in the Cily orEnglewood. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMJNG THE DAY OF OCTOBER 12, 1994 AS NATURAL DISASTER AW..UU:NESS DAY IN Tin: CITY or ENGLEWOOD. Ayes: Council Momben Hathaway , Vormittag, Wiggins. Habcnich ~ Waggoner, Bums. Gulley Nays: None Motioo earned. Mayor Gulley prcscrlled the proclrunation 10 Marie Dymek. Public Educalion Speci alist. Safely Sc"iccs. 9. Public Hearin g No public hearing was sc heduled before Council . 10. Approval oe Sttaod Reading There-were no items oc second reading. 11 . Onliauca, Ranlutlons and Moliou (a) Din:ctor Esterly and Director Mcrlccl prcscnlr.d a recommendation from the Depanmcn1 of Public Works and the Dcpartmcnl of Community Dcveiopmenl 10 ,op.eve, by ruo1io n, an •dditional PIF cxpcndilWC of S4 7,500 lo install a new HV AC system in lhe Englewood Animal Sheller. Din:ctor Esterly staled that for the past year and a balf the City of Englcwnod bas been working -.,lb the Colorado Humane Society to resolve conce rns al the animal sheller. The primary concerns an, lhc heating. \'CDtilaling and air conditiooing system and lhe tcm0\'11 of an old incineralor. The proposed changes to lhe HV AC system -.ill provide lhe minimum RICOCIUDCDdcd air changes of lcn to l\ffive per hour wilb all c.,cbangc air c.'<hausted 0111Sidc and all fresh air broughl in and healed . He rcla1ed lhal lhc Dcpartmcnl or Public Works bas bids out on Ibis project and tbe sclcction oC a contractor is ck:pcndenl upon Council's aulhori7.ation oflhc additional expenditure. The lotal estimated cost is $47 ,500 and funds for Ibis project an, available in lhc Public lmprovemcnl Fund, fund balance. The additional energy= of ~eating all ootsidc air introduced inlo the faci li ty, "'" be borne by lhc Colorado Humane Society. Responding to COIIOCil Member Halha"~Y, Director Merkel staled lha1 . ;ng in this constru ction "'II pm-cnl the City from operatin g the sheller in the same manner as prcvio\.U.+J Lf it beco mes necessary to take the shelt er back from the Humane Society. He s..'lid it will be more cxpcnsh·c to mnin tni n, howc\'c r, because of the incrcasa! pa)1nents lo Public Sc"icc Com pany. ' In n:sponsc to COIIDCil Member Hathaway, Din:ctor Esterly su1ed that the HVAC cquipmcnl is not sci up so that lhc recirculation cyc le is variable. Mr. Meri<el advised lhal oic Ci ty's conlract "'lb the Hu mane Society expires in May, 1996 . Discussio n ensued regarding potential odor and lhc Ci1y 's continued part icipation in the operation or the pound. !ta...,._. 01y Coudl l>ctobtr J. 1'94 l 'q,t 4 COUNCll. MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE AN ADDIDONAL PIF EXPENDITURE OF $47,500 TO INSTALL A NEW BVAC SYSTEM IN TIIE ENGLEWOOD ANIMAL SHELTER. Motion carried Ayes : Council Mcmbcn Hathaway, Vormittag. Wiggins, Haben icht , Waggoner, Bums, Gulley Nays : None (b) Director Esterly prcocntal a ra:ommcooation from the Dcpartmcot of Public Works 10 adopt a bill for an ordinaocc approving the pwcbuc of two para:ls of land, a pcrm:mcnt casement, and two temporary casements, located along WC$ Dartmouth Avonuc, by L'>c Colorado Department of Transportation (CD01) for the construction of U.S. Highway BS. Previously, Resolution 42, Seri es of 1994, allowed the Stale to lalte possession and use of the land. COOT ,.,11 pay the City of Englewood $9 ,370 for the pwchasc ofland for right-<>f-way, and for the granting of casements. He related that, aft er construction is complete , the land ,.,11 be turned back over to the City. Responding to Mayor Gulley, Director Esterly confirmed that COOT ,.;11 replace and repair areas damaged by this project The City Cieri< was asked 10 read Council Bill No. 53 by title : COUN CIL BILL NO . 53 , INTRODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE APPROVING THE PURCHASE OF TWO PARCELS OF LAND, A PERMANENT EASEMENT AND TWO TEMPORARY EASEMENTS LOCATED ALONG WEST DARTMOI.JJll A VENUE BY THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF U.S. HIGHWAY BS . COUNCll. MEMBER HABENICHT MOVED, AND IT W .\S SECONDED. TO APPROVE AGENDA ITEM 11 (b) -COUNCll. BILL NO. 53, Cow...il Mea.bcr Waggoocr asked tloc pwposeoflhcpcrmancotcascmcnt in Pan:d PE-16 . Director Esterly responded that it will be for the sound wall that goes down the side of the channel. In response to Council Member Bums, Mr. Este rly confirmed that the le\'el of South Santa Fe "'II be dropped another six feet and he further cxplainal the steps that will be laltcn in order 10 bring all facets or the construction 10 the proper lcvol and facilitate the lranSition. Vo<c results . ' .fotion carri ed . Ayes : Council Mcmbcts Hathaway, Vormittag, Wiggins. Habenicht , Waggoner, Bums. Gulley Nays : None (c) City Manager Clark presented a recommendation lo appro\'c two intergovernmental agrccmcr'I•~ authorizing fled maintenance scMccs to olhcr agencies. He stated tha1 most of the concern in,.ol\·cs ~.e City's liability. Mr. Clark staled CIRS A has not been able 10 locate any other source or bridge insurance , consequently an}1hing related lo the vehicles still falls under the City's regular insuran ce policy and is subject to the City 's dcductiblcs. He feels this i, a "comfort issue" and rca,mmcnds t1• agreements be approved if it is fell the liability exposure is acccplable or at least minimal , and if th,. Cj1y wants to continue 10 promote inlergovcmmcmal cooperation . However. if Council is uncomfortal·~c ·t\ith I I I I laalcwoed City C-8 OccottrJ,1'94 , ... s the potential cxpcllUR, be ftds Ibo~ abould be denied and the Cily of Sheriddn will be notified thal service will be di scontinued. Mr. Clult -lllff r=mmcNls approval of the agrocmcnlS, u the CXJJOIUfC Is cxmsidcml DO g,catcr lhan wi th any other activities the City conducts . Council Member Vonni nag asked if the maximum payable out of Ci1y funds is $100 ,000 . Mr. Clark co nformal that the insurance wi ll take over after lhal, bul lhe Ci1y will have 10 pay for any ncccs~,,y lc g.11 defense . Director Esterly confirmed for Council Mcmbc:r Waggoner that there arc DO ICrVice gua'1U\lccs. Mr . Wa!8()1lCr cxprcacd bis opinion 0111, iflhc Ci1y bas enough time for staff to do the City of Sheridan's work, then th e Cily is o,-mta!Tcd. He stated it ii bis position that lhcrc shoold be some guarantees. Lengthy discussion ensued :i:gardina ochcdulin& llalli"I, and service guaranincs. Ci1y Manager Clark and Director Esterly rospondcd to Council's coaocrm. Mr. Clark stated be would be inclined, if the agrocmcnlS crea te a m:mpo,.,:r problem. to terminak the service and focus on the Ci1y'1 own needs. Din,ctor Esterly advi50d lhot the Ci1y bas budgeted ~.000 in m'Cnuo from lhcsc agreements in 1995 . Mayor Gulley exprcssr.d her support of the agrccmcnts u she feels it works out eco nomical ly and is., service to other communities and schools. Ms. Galley pointed out that the schoo ls, arc in fact. port of our own community. Council Member Halhan\,iy commcalcd that lbc rity ii only loclti ng al approxima1ely 100 boon of labor ove r a year's time. Din,ctor Esterly ofl'eml further information on stalling levels. (i) The Cily Clerk was asked lo read Council Bill No. 15 by lill e: COUNCIL BILL NO . 15, INTRODUCED BY COUNCIL MEMBER HA TI!A IV A Y A BILI. FOR AN ORDfNANCE APPROVfNG AN INlc.RGOVERNMEITT AL COITTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE CITY OF SHERIDAN . COLORADO FOR SHERIDAN'S VEHJCLE MAINTENANCE. COUNCU. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM II (c) (i) • COIJNCU. BILL NO. 15. Motion carried. Ayes: CDuncil Mcmbcn Halbaway, Vonnittag. Wiggins, Habcnich~ Waggoacr, Bums. Gulley Na ys : Nooe (ii) •. The Cily Clerk \\ti ukcd lo read Council Bill No . 16 by tille : COUNCIL BILI. NO. 16, INTRODUCED BY COUNCIL MEMBER HA THA IV A Y A BILI. FOR AN ORDfNANCE APPROVfNO AN INTERGOVERNMEITT AL COITTRACT BETWEE N THE CITY OF ENGLEWOOD, COLORADO AND THE ENGLEWOOD PUBLIC SCHOOLS FOR ENGLEWOO D PUBLIC SCHOOL 'S VEHJCLE MAINTENANCE. COUNCU. MEMBER HATHAWAY MOVED, AND IT WAS S£CONDED, TO APPROVE AGENDA ITEM 11 (c) (ii)· COUNCIL BU.L NO. 16. Uouoo carried. Aye,: Cooncil Mr.nllen Hathaway , Vonniltag. Wiggins , Habcnlct,l, w._, Bum&, Gulley Nays : Nooe (d) Dir<etor Slanlcy prosclllal a rccommcodalion from the Department of Safety Services 10 adopl • bill for an ordinance approving thc Law Enforccmcnl Assistance Fund (LEAF) Contract, enabling 1hc City of Englewood to enter into a contract wilh the Colorado Dcpanmenl ofTransponation for DUI detection and cnforccmcnl fundint~ He a-i 11111 this is a ranstilution of the Highway Safety Grants 1h.11 1hc City has been operating on since 1989. He IMll<d tha1 lite City did not participate In 1994 . This is a $25,000 gmn~ the in-kind malch is pcrwonnel and equipment. In _.., to Council Member Hathaway, ~ Stanley confirmed thal lite Ci~,•• share is $35,000 and explained •.bat thc grant money will allow tbe deportment to bin: office,s, 011 an ow:nim, basis. spccifically to dctoct and appn:hcnd DUI dm,:rs. The Cily Clerk was asked 10 read Council Bill No. 52 by title : COUNCIL BILL NO . 52, INJllODUCED BY COUNCIL MEMBER WIGGINS A Bill R.,il AN ORDINANCE APPROVING 1lIB CONTRACT BETWEEN TIIE ENGLEWOOD DEPARTMEITT OF SAFETY SERVICES FOR LAW ENFORCEMEITT ASSISTANCE FUNDS AND THE COLORADO DEPARTMENT OF TRANSPORTATION, OFFICE OF TRANSPORTATION SAFETY FOR FUNDING A LAW ENFORCEMEITT ASSISTANCE FUND (LEAF) PROGRAM IN THE CITY OF E GLEWOOD, COLORADO. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (d) • COUNCIL BILL NO. 52. Motion carried . Ayes : Council McmlJcrs Hathaway, Vonnillag. Wiggins, Habenich~ Waggoner, Bums, Gulley Nays : None (e) Dir<etor Merkel presented a recommendation from the Planning and Zoning Commission to adopt a bill for an ordinance amending thc Comprehensive Zoning Ordinance regarding Home Occupations and 10 schedule a dale for a public hearing on this mailer. He staled lhat 1 .o Planning and Zoning Commission considcn:d this amendment to the Zoning Ordinance in 1993 . Basically the amcndmcut changes a few of lhc provisions lO climinatc rcstrictiom on cosmetology, and beautician work , it eliminates lhc ma.~mum si1.c of electric molars that could be used for home occupations, it allows tutoring of up to four individuals and it also made. consistcnl v-ith other residential zone districts , the allowana: of home occupations in R•l·A. The Commission held a public hearing in October of 1993 and I made a rocommcndation to City Council in February of 1994. He noled Iha! Council held a Public Forum I on Jul )' 18, 1994 and the ,mjorily of comments n:ccivcd "~"' in suppon of the propo..cd amendmenlS . On September 19, 1994 Council considcn:d the proposal amcndmcnlS in study session . Mr. Merkel nolcd lh c proposal amendments brings day ca.re and home ocx.up:ttions restrictions into compliance with State SlalUlc . The Planning and Zoning Commission rocommc,,ds Counci.l adopt lite amendments . Di r<etor Mertel staled ~ if ii is appropriale, Council 5hould SCI ,1 pu blic hearing 10 consider the proposed amendments. Mayor Gulley encouraged Council to pass this on lint reading and consider amendments lo the proposed ordinance after the public hearing. I I ~ City CauKII Odella-3, 1994 Paae7 Di5CUSSion ensued . The City Clcrlt was asked 10 road Council Bill No. 50 by lille : COUNCIL DILL NO. 30, ll'Tl'RODUCBD B'< COUNCIL MEMBER BURNS A Bil _FORAN ORDINANCE AMENDING Tl11.B 16, CHAP11lR 4, OF THE Bl'IGLBWOOD MUNICIPAL CODE, 1985, REGARDING HOME OCCUPATIONS COUNCIL MEMBER BIJltNS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (el· COUNCIL BILL NO. 30. Ayes: Council Members Hathaway, VormitUlg. Wiggin.'-Bums, Gulley Nai~: Council Members Habenicht. Waggoner Motion carried . COUNCIL MEUBER BURNS MOVED, AND IT WAS SECONDED, TO SET A PUBLIC HEARING ON COUNCIL Bil.L NO. 30 FOR Tll£ REGULAR CITY COUNCIL MEETING NOVEMBER 7, 1994 AT 7:30 P.1,L A)'es : Council Members Hathaway, Vormittag. Wiggins. Habenicht. Wag<ioncr , Bums, Gulley Nays : Non< Molioo t uried. (I) Dirator Fonda pn:scoled a ru:ommentlation from the Utilities Dcparuncnt to approve, by motion. the purchase or water mclers and rdatcd equipment from Mountain Stales Pipe, in the amount orS27 .IOO . He stated that the City saves money by purchasing. once a year, all or the water mclers n,quiml for tbe next racl,-c months . About ! :o thirds or the mclcrS are used for the mc1er conversion proc:'CSS and the remaining stock ,.;11 be used to replace: inactive or poorly functioning meters as pan of the water meter maitJtcoaooe prOfnm. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE THE PURCHASE OF WATER METERS AND RELATED EQUIPMJ)NT FROM MOUNT ', STATES PIPE, IN Tll£ AMOUNT OF S27,100. In response to Council's questions, Mr. Fonda addressed the differe nce in lhc bid proposals submiued and the meter com-crsion proc:'CSS. He staled that the City ,.;u be purchasing approximately 400 to 450 meters and confirmed thal the City docs not make money when resellin g meters to Engl ewood customers for new installations as pan of th e OaH?tc to meter co nversion process . Vote results : Ayes : Nays : Molioo carried. Council Members l'.alhaway , Vormittag. Wiggins. Habenicht , War.r:oncr, Bums. Gulley None (g) Assistant Cily Attorney Bl'OIZman presented a ru:ommendation from the Ci ty Attorney's Offioc to adopl a bill for an ordinance amending the Englewood Municipal Code to clarify 11,e Ci ty of Engl , -ood 's snow and ioc removal policies. He staled the pro~ ordinance alla..• citizens to shovel sidewalks. but no1 parking lots, i nto the City strcclS. Ea.,.,. .... Clly c:.adl October J, 1994 Papi The City Clerk was asked 10 =d Council Bill No , 51 : COUNCIL Bll.L NO . 51 , INffiODUCED BY COUNCIL MEMBER HA 11lA WAY A BILL FOR AN ORDINANCE AMENDING TI1LE 11 , CHAPTER 3, SECTION 2, OF 11iE I ENGLEWOOD MUNICIPAL CODI! FOR 11iE CITY OF ENGLEWOOD, COLORADO IN ORDER TO CL ARIFY REMOVAL OF ICE AND SNOW. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (&) -COUNCIL BILL NO, 51. Council Member Hathaway staled there is concern ""°'11 the downtown district. particularly the 3300 and 3400 block of South Broadway, shoveling sno w into Broadway, _..ssistant City Anomcy Brotzman stat ed ·it is his understanding that this iJ aa:cptable to Public Works because it is sidewalk , Vote results : Motion carried. Ayes: Council Mc:mben Hathaway, Vonninag. Wiggins. Habenicht , WIMIJncr, Bums. GulJcy Nays : None 12 . General Disc-•llioa (a) Mayo(s Choice Mayor Gul ley did not ha\'e any matten to bring bcfon: Council . (b) Council Mcmbc:(s Choice (i) Council Member Wiggins comme nted that he supports Council Memben Habenicht and Waggoner on amendments 10 the home occu pation on!' oaocc . (ii ) Council Member Habenicht ,wed she ge nerally supporu the home occupation ordin:mcc, howc\'cr she ,.;u support it "i th amendments and that is why she \'Ol<d agruost passage of Council Bill No . 50 on fim reading. Council Member Hathaway questioned Council Member Habeni cht and Council Memb:r Waggoner as 1, their concerns. Discussion ensued. (ii i) Council Member Bums : I. In n:sponsc 10 Mr. Bums ' concerns n:ganling the budget process, Mayor Gulley adriscd 11-,1 Council ,.;11 address budget issues and concerns al the October 10, 1994 Study Sessi on. 2. He questioned the status of the medical office building al Clarkson and U.S. ns, fo r which Council prcvio-1Sly oppl'O\'Cd zoni ng. City Manager Clari< r<SpC>ndcd that no building pcnnit has been issued and expressed his bclicf th:11 the owne rs a,c 51iU working ,.;th the neighbor. I I ~ac,.c .... u OtllllerJ,1"4 ..... , Dimctor Merkel explained thal lhc O\mCr lost !heir conltaetor, and Ille conlractor will be lhc one receiving lhc building pcnnil. (iv) Council Member llabcnichl shared wilh C-Ouncil Member Bums Ihm lh c Ci l)' mainwns a high fund balaoce because problems were anlicipalcd . Council Member Halliaway oddcd Uia1 lhc recommendation of some of1hc bond counsels oi 1hc lime was 10 maintain a high fund balance and Iha, a cnmfonablc cushion wns 15% of yoor General Fund Budget 13. City Muac<r'1 Choice ~~r AaiftS Cii, > f:naelf Few did not have any mailers 10 bring before Council . 14. Ci1y A1tonoey '1 Clioke 1... Q, (f · · · ' eounc ·1 . -fl "1 tµ t ~ did not ha,'C any mailers 10 bnng be,ore 1 . rtrb':,~/l'p IS. Ad)ounomeal COUNcn. MEMBER VORMITTAG MOVED TO ADJOURN . The meeting ad)Oumcd at ~:28 p.m. I