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Home My WebLink About1994-10-17 (Regular) Meeting MinutesI I ENGLEWOOD CITY COUNCV. ENGLEWOOD, ARI.J'AHPE COUNTY, C'OLOAADO fue,J lkr Session Octobtr 17, 199~ I. Call to Ord«:r Th e n:gular moetiog of the Englewood City Cr,uncll '"' called 10 order by Mayor Gulley rol 7:ln p.m. The invocation""' given by Council Memb<r Wiggin,. 3. Pledge or Allqio« The Pledge of Allegiana: was led by Ma)\!I Gui le')'. 4. Roll c,u Present: Absent: A q11 omm was present Council Members Hathaway, Bums, Wiggins, Hab<ni ch1, Waggoner . Gulley Council Member Vonni1.•ag Also present City Manager Clarlt 5. M.iautcs Aaing City Attorney Semple Assistant City Manager Reid City Cler'< Ellis P3llts Administrator Korba Din:dor Fonda. Utilities Din:dor Mertel, Community Development Assistant City Attorney Brotzman Deputy Din:ctor Olson, Safety Scrvia:s Din:ctor Gryglc..ia. Financial Scrvia:s Engineering Manager Kahm (a) COUNCIL MEMBER HATHAWAY MOVED,AND ITWAS SECONDED, TO APPROVE -1u; MINUTES OF TUE REGULAR MEETING OF OCTOBER J, 1994 WITH TWO CORRECTIONS ON PAGE 9 -AGENDA ITEM lJ TO READ CITY MANAGER CLARK AND AGEN DA ITEM 14 TO READ ACTING CITY ATTORNEY SEMPLE. Ayes : Nays : Absent: Mot io n carried. Council Memb<rs Hathaway, Wiggins. Hab<n icht. Waggo ner, Burn s, Gulley None Council Mcmb<r Vormittag t:nclewood City Couocll October 17, l'94 Pace 2 (b) COUNCIL MEMBER HATilA WAY MOVED, AND IT WAS SECONDED, TO APPROVE TUE MINUTES OF fflE SPECIAL MEETING OF OCTOBER 10, 1994. Ayes: Council Members Halhaway, Wiggins, Habcnichl , Wa ggoner, Burns, Gulley Nays: None Absent Council Member Vorminag Motion carried. 6. Pre-ocbedulcd Vlslton (a) Rhonda Davis. a member of the Clean. Green and Proud Commissio n, with the nssistrulce or Mayor Gulley, pn:scnlcd ccnificalcs and awards 10 1hc follo"ing 1994 Proud Propcn y Program partici panlS : Q111s1nndi ng Residential Propcoi es Victor and Vi cki e Bower Jim Mcfarland Bev Macs Susan Van Dyke D. M . Peacock Frod and Sonic Smilhcrs Rick and Cherrie Brnndl M•rga.rc l Prall Donna Johnson Clay and Lori Poncr Winners : 3rd Place 2nd Place 1st Place utstanding Mult i•Rcsidcntial Proocnics Mary Ryan 302 9 Sou lh Gr:1111 41 90 Soulh Lincoln 3896 Soulh El ati 3390 South Emerso n 4055 Soulh Cl•rkson 2863 Soulh Gr:1111 2297 West Wesley 30 I 9 South Loga n 3 14 5 South Cherokee 3322 South Pen nsy lvania R. M. Hendee 4045 South Cl•rkson Fran and Marge Bonomo 32 52 South High Julie Finin and Dave Silbcnnan 2919 South Lafaycuc Jim WhilJ!lcer and neighbor 3034, 3036 , 3038 So ulh Galap:,go 3285 Sou th Acom.,. No . I and No. 2 Winner: Jim Whitaker and neighbor 3285 Sou th Acoma. No . I and No . 2 Out sta ndi ng Business Propcnics Wi nner : Waste Managemen t 2400 West Uni on ~ts. Davis, on behalf of the Clean, Green and Proud Co mmi ssion. thanked c,·cryonc who p:irticip.11cd in th e program and the E1 .... .:wood Garden Center for thei r don ation . (b) ParL Admini strator Korba, on behalf of 1hc Ci1y. 1h .. 1nkcd al l of th e p.1ni cipan1 s of th e AUop l·A•Gardcn Program as , without th ei r clTons. th ere wou ld not have bee n :in y annual nowcr displa ys 1his year. Mr. Korba presented ccnificatcs and passes to the Dcn\'cr &tnnic Gard ens 10 lhc followin g vo lmu cc rs in thi s summer's Adopt·A.C.ardc n progra m: Em=nuru Lulheran Church I I I I En&lewood City C-il October 17, 1994 Page J Englelwod Clean, Green and Proud Commission G-cr Englewood Chamber of Commerce P.nglelwod Soccer Association Linda Mutz and King Soopcrt Employcca of the Malley Cent er Mr. Randy Pena Sandy lobanni5 ·111c Dcvelopmcnlal Pathways Interlink Progmm Dennis and Melinda Dalton The Engltwood Herald, Englewood Garden Center and Hudson Gard ens Staff o(the Englcwood/LiuJcton Wastewater Treatm ent Plant and Pci fTcr's Greenhou se Emplo)-ccs or II~ Fim lntemato Banlt Alfr= Vormil'.ag Tracy Crow Mayor GuUci· noted thal the gardens looked very nice lltis year and she thanked the \"Olunt ccn for thei r hard work. Sbc stated she is hopeful that the program \\ill con tin ue to grow . (c) Ken McDaniel , Pn:sidcnt ofll,c Englewood Elks Clowns and R.iy Chik. Ex.,ltcd Ruler of the Englewood Elks Lodge 2 122, advised that the Elks !.O<!ge uill sponso r a Hallo\\ttn Pany for all kid s from S:00 p.m. to 8,(30 p.m. on October 3 1, 1994 . Also. the Lodge will ha\"c a Sa nta Claus from December 19 through 23 . 1994. from noon to S:00 p.m. at the Elks Lodge . TI,c:y asked for the Cit y"s "'blessing." Mayor Gull ey qucstiooed whether the Lodge has specific needs which the City can meet. Mr. Chik sta ted they would like to sec some pubticity in the Englewood Herald and perhaps 11,e Citi ze n and City Briefs. He staled the Lodge "ill be contacting merchants soliciting donations, i.e. candy. Council Member Hathaway asked about the possibility of the Englewood Downtown Development Authority using one oftbc Lodge 's Santa Claus Clowns for an anticipated joint men:hant effon at Christmas time, as ...,u as placing a S..nta Oaus at City Hall . Mr. Chik stotcd the Lodge ui ll try very hard to do that as long as it docs DOI conllict with their project. He requested a li st or proposed tim es and locations . 7. Non-scheduled Visiton (a) Ri chard Edison, Pn:sidcnt of the Englewood Firefighters Association (EFF A), noted Council rccci\"cd 3 coloring book for Fire Prevention Month in their packets. He cs pl ai ncd th at lh c Associa tion \,ill give SS0.00, in Council's name. to the Sa\'e the Bookmobile Fund for a w~nning entry from Council. and an addition.1I $50 .00 if the entire Council en ters the con tesl. '1!r . Edison advised that the Firefighters Association voh:d to donate $500 .00 , and prcsc11 1 a. plaque , 10 1h c Sa lva tion Army 10 c:q>rcss appreciation for the food whic h they provided durin g th e shin gle fire . Counci l Member Hathaway noted that the Salvation Anny Council meeti ng is sc hedul ed fo r Oc1obcr 21 . 199 4 at noon. if the As.socfation would lik e to mnkc the ir presentation at 1ha1 time . Mr . Edison stated that the Firefighters Association will be donating an AT&T cellular phone to th e Englewood Fire Department for one of the ir tni cks. 8. Communications, Proclamations and Appo intm ents Enll<wood Cl1y C-U Odobtr 17, 1994 Pace 4 (a) A proclamation doclaring Ibo MICk ofOc1e,bcr 26 through 31 . 1994 as Red Ribbo n Weck was considered. COUNCIL MEMBER IIA TUA WAY MOVED , AND IT WAS SECONDED, TO PROCLAIM TII E WEEK OF OCTOBER 16 mROUr.H OCTOBER 31, 1994 AS RED RIBBON WEEK. Motion carried. Ayes: Council Members Hathaway, Wiggins, Habenicht. Waggoner. Burn s, Gulley Nai~: None Absent Counr.il Member Vonniuag (b) A pn,clarnation declaring lhc: week or October 24 through JO, 1994 as Noti onal Unfunded Mandates Weck was considered. COUNCIL MEMBER BURNS MOVED, AND IT WAS SECONDED, TO PROCLAIJII THE WEEK OF OCTOBER 24 THROUGH JO, 1994 AS NATIONAL UNFUNDED MAND ATES WEEK IN ENGLEWOOD . Ayes : Nays: Absent Motion carried. 9. Public Rea.ring Council Mcmben Hathany, Wiggins, Habeni ch1. Wagooncr, Bums. Gulley None Council Member Vom,iuag No public hearing was scheduled before COWlcil . 10. Approval N Second Rcadinc COUNCIL MEMBER HATIIAWAY MOVED.AND IT WAS SECONDED , TO APPROVE 0 SECOND READING AGENDA ITEMS 10 (1) THROUGH (<) AS FOLLOWS : (a) ORDINANCE NO. 48 , SERIES OF 1994 (COUNC IL BILL NO. 15, INrROD UCED BY COUNC IL MRIBER HA ll!A WAY). ENllll.ED: AN ORDINANCE APPROVING AN IN'lcRGOVERNMENT AL CONTRACT BETWEE THE CITY OF ENGLEWOOD, COLORADO AND TilE CITY OF SHERIDAN, COLORADO FOR SHERIDA N'S VEHICLE MAINTENANCE . (b) ORDINANCE NO . 49 , SERIES OF 1994 (COUNCIL BILL NO . 16. INTROD UCE D AY COUNCILMEMBERHAll!AWAY). ENTITLED : AN ORDINANCE APPROVI NG AN INTERGOVERNM ENTAL CONTRACT BETW EEN lllE CITY OF ENGLEWOOt •. COLORADO AND TilE ENGLEWOOD PUBLIC SCHOOLS FOR ENGL EWOOD PUBLI C SCHOOL 'S VEHICLE MAINTENANCE. (c) ORDINANCE NO. 50. SERIES OF 1994 (COUNCI L BILL NO. 5 1. INrRODUC ED BY COUNC IL MEMBER HAll!AWAY). ENTITLED : I I I Ens)ewood City COM■<U October 17, 1994 Paae5 AN ORDINANCE AMENDING TI1U! 11, CHAP'I1lR 3, SECJ1ON 2, OF nm ENGLEWOOD MUNICIPAL CODE OF nm CITY OF ENGLEWOOD, COLORADO IN ORDER TO CLARIFY REMOVAL OF ICE AND SNOW . (d) ORDINANCE NO. 51, SERIES OF 1994 (COUNCIL BILL NO . 52, INTRODU CED BY COUNCIL MEMBER WIGGINS), ENTITLED: AN ORDINANCE APPROVING 1llE CONTRACT BETWEEN 1llE ENGLEWOOD DEPARTMENT OF SAFETY SERVICES FOR LAW ENFORCEMENT ASSISTANCE FUNDS AND THE COLORADO DEPARTMENT OF TRANSPORTATION, OFFICE OF TRANSPORTATION SAFETY FOR FUNDING A LAW ENFORCEMENT ASSISTANCE FUND (LEAF) PROGRAM 1N 1llE CITY OF ENGLEWOOD , COLORADO. (c) ORDINANCE NO . 52, SERIES OF 1994 (COUNCIL BILL NO . 53, INTROD UCED BY COUNCIL MEMBER HABENIOIT), ENlTJl.ED: AN ORDINANCE APPROVING 1llE PURCHASE OF TWO PARCELS OF LAND , A PERMANENT EASEMENT AND TWO TEMPORARY EASEMENTS LOCATED ALONG WEST DARTMOlITH A VENUE BY TIIE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF U.S. IOGHWAY 85 . Ayes : Nai~: Absent: Motion carried. Council Members Hathaway, Wiggins, Habcnichl. Waggoner, Bums, Gulley None Council Member Vonnitlag 11 . Ordinances. Resolution• and Mociou (a) Director Fond.1 presented a recommendation from the Utilities Ocp,1nm cn110 adopt a bill for an ordi n.,ncc ap proving the Grant of Ease ment and Ri ght-of-Wa y bclwccn th e Ci ty of Eng lewood an d the City of Liulcton for a dra inage casemcn1 on the Mc.Lcll rm Rcsc,voir property . He exp la ined that 1h c purpose of the casement is to allow construction of ~1onn water overfl ow outlets for surface water drainage. 111c surface water drain.igc first flows to a pump station. whic h is designed to handle a two yc.;r storm . The excess runoff from a two year stonn o\'c rflows the pump sta ti on and fl ows int o the rcscr\'o ir . In response 10 Mayor Gulley, Director Fonda offen:d further e>-planation or 1hc diversi on process . The City Clerk was asked 10 ~ Council Bill No. 59 by tillc : COUNCIL BILL NO . 59, INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE AUTHORIZING AN l'i'rn::RGOVERNMENT AL PERPETUAL EASEMENT AND RIGITT-OF-WAY TO MAINTAIN AND OPERATE STORM WATER OVERFLOW OUTLETS FOR SURFACE WATER DRAINAGE FROM ADJACENT LAND, BETWEEN THE CITY OF ENGLEWOOD , THE CITY OFLITTLETON AND PENINSULA HOMEOWNER S-ASSOCIATION , INC ., FOR 1llE CITY OF ENGLEWOOD PROPERTY KNOWN AS MCLELLAN RESERVOIR. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) -COUNCIL BILL NO . 59, E■ ......... Chyc-ll Odokr 17, I "4 ••i:e' N3)'S: Absent Motion carried. Council Membcn Hathaway, Wiggins, Habenicht , Wa ggo ner, Burn s, Gulley None Counci l Member Vonniuag (b) Director Merk el presented a recommendation from the Departmen t of Comm unit y Development to adopt a bill for an onlinlnc:c appro,ing the vacation or South Cl ar kson/South Emerson alley in the 3400 block 10Utb (block 45 , EVIDllon Broadway/Addition). He noted that Agenda Item s 11 (b) and 11 (c) arc ri:latcd to Craig Hospital 's propoood expansion. The hospital propo.<es to co nstru ct a transitional can: facility directly across the llr0ct from their main hospital. This transitional C3Ie facilit y \1111 be used by those patient.s who need space and privacy to practice their independent living skills before being formally rclcosod by the hospital . The proposed dc:\'clopment will consist or 3 three-story building \lith full bascmtnt for a total g,oss area ofll6,500 ,quan: foct. In respect to the pm posed alley vaca ti on. Mr . Merkel explained that Craig Hospital and Swedi,h Mcdic:tl Center own all properti es adjacent to the all ey . Consequentl y, the proposed "3C3tion \11II hlwe minimal clfcct on the adjacent neighborhood . He sL11ed that stall' recommends that the City retain a utility and drainage casement ns other utilities in th e all ey and future traffic signal control lines may be located in the vacated right-of•w•y. In n:sponsi: to Council Member Wiggins, Mr. Merkel maintained that the applicants ha,,: agreed to accept ownership of the sewer line and Vtill assume maintenance responsibilities . He assured Mr . Wigg ins 1h:u Craig Hospital and S"'Cdish Mcdic:tl Center mil take care or any SC\IU line repairs tcqu ested by th e City. Council ~kmbcr Wiggins asked when Council VtiU be viewin g the pl :ms . Mayo r Gulley sL1 tcd th:u !he pl ans will be submiucd during the public hearing 10 be scheduled by Council. Counc il Member Habenicht questioned wheth er the va ca ti on or th e alley shou ld be depe ndent upo n app roval or the proposed planned development. Dirccto r Merkel noted if th e pro posed plann,J dc\'c lopmcnt is not appro\'cd there will be no rc..,son to vaca te the nll C)'. Ass istmll Ci 1y Anorn c}' Bro ll.man stated lhc vacati on can be hand.Jed indcpcndenily. Di scussion ensu ed. Council Member Habenicht asked if the City encourages the vaca tion or all eys . Mr. Merkel stated he is not aware of a City policy which encooragcs the vacation or all eys and that proposed vaca tio ns arc handled on a casc by case basis. Council Member Waggoner qucsi!-,ncd the reason for the City to ret ai n ownership or th e mnnholc at East Girard A\'cnuc. Discussion ensued. Mr. Merkel confirmed that the manhole ot East Girard A,-cnue i, in the ri ght-or-w:ay. After rurther discussion it was detennincd th.11 this issue will be addressed prior to Cou nci l receiving Council Bill No . 54 on final reading . In response to Council Member H.1bcnicht, Mr. Mc-rkel advised thnt no one spoke agains t the proposed planned dC'\i:loprncnt at the Planning and Zoni ng Comm iss ion Publ ic He.i rin g. Council Member thaway added that there ",:re no negative comments on the proposed pl anned dC\-clopment when Craig Hospital hosted a neighborhood meetin g. The Cit y Clerk w3s asked to read Council Bill No . 54 by title : COUNC IL Bll..L NO . 54 , INTRODUCED BY COUNCil.. MEMBER HA TiiA IV A Y I I I I Enclewood City Coudl October 17, 1994 Page 7 A BILL FORAN l)Rl)lNANCE VACATING 1lillALLEYOFTIIE 3400 BLOCK IN WHAT IS KNOWN AS TilE SOlJlli a.ARK.SON STREET/SOUTH EMERSON STREET ALLEY BETWEEN EAST HAMPDEN A VENUE AN!) EAST GIRARD A VENUE, IN 11-IE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. COUNCIL MEMBER BA THAW A Y MOVI.l>, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM l I (b) -COUNCIL BILL NO. 54. Ayes: Council Members Hathaway, Wiggins, !iabcnichl , Waggoner. Bums. Gulley Na,,'S : None Abs,nt: Council Me,nber Vonniltag Motion carried . (c) Director Merkel prcscotcd a recommendation fron1 the Depa rtment of Comm unity Development to set a date for a public hearing to gathtr input oo the Plann ed Developmen t fil ed by Cra ig Hos pital . COUNCIL MEMBER BA TBA WAY MOVED , AND IT WAS SECONDED, TO SET A PUBLIC HEARING FOR NOVEMBER 7, l995 AT 7:3-0 P.M., TO GAmER INPU T ON THE PROPOSED VACATION AND THE PLANNl:D DEVELOPMENT FILED BY CRAIG HOSPITAL. Ayes : Nays : Absalt: Motion carried . Council t,ofcmbcrs Hath.,way, Wiggins , Habeni cht. Wa~ncr. Bums. Gulley None Counci l Member Vormi1tag (d) Depuly Director Olson preS<:nlcd a recommendation from the Departmon 1 of Safr.1y Services 10 adop< a bill for an ordinance amending the Englewood Municipal Code by addin g a new section relating 10 Emergency Medical Transpon Fees . He stated Iba! since 198 9 the City has been charging non-rcsid<ou for ambulance uansponation services. The proposed ordinance "ill implement an nmbu lancc tronsportatioo fee for all persons, residents and non-rcsidenl5, lransportc-d by the Englewood Departmenl of Safety Sctviccs ambulance. Additiooally, fees for lranSportalion services will be raised 10 the.approximate lcvcl of the usual and customary fees presently being charged in the community. Deputy Director Olson S';icd that wilh the general inclQSC in fees the City will bill approximately S500.000 and 1he anticipalcd collection ra1c, to be collc:cted by a billing firm, should be between S220,000 and S350,000. Council Member Halbaway questioned whether there is a way lo amend the proposed ord imncc 10 indicate billing residents for 1ran5pon fees will not begin until January I, 1995. Dcpuly Dirce1o r Olson stated the implementation date is Counci l's decision . He pointed out th.11 the new rate structure is in pla ce for non-residents . Discussion ensued . In rcs[K>nsc to M.1yor Gulley, Mr . Olson explained that Counci l \\ill not be approvi ng the ra1cs as th e propo;cd ord inance allo"• for the Ci1y Manager to establish the ralcs . Co un cil Me mber Halha\\'3)' questioned wh'.:lher 3 penally schedule has been estab li shed as n:fcned to in J-G ~G-10 (D). which states that .. failure•.> pay the fee esta bli shed shall constitu te a vio11t ion of this sccuon ." Assistant Ci()' Attorney Bro 1,.man stated t.hat the General Penalty sec tion ofthc-City ·s code appli es and Iba! !he same pro,;siont apply 10 both rcsidenu and non-n.-si dcnts. Enpewood City C•adl October 17, 199' P1sel Coonci l Member Habcnidll cxprcsscd cona:m that lhe proposed fee for residents will plocc a burden on !hole who can l<ut afford iL She questioned lhe procedures lo be followed by lhe Ambulance Billing Re,i cw Panel . Cooncil Member Hathaway Slalod lht,1, as lhe Cil)' is considered Modican: participating, whalcvcr Medicare paya hu lo be acccplod u Ml poyment. In response 10 Council Member Waggoner 's concern regarding 1-6-G•IO (A) and (D). Dcpul)' Dircc1or Olson c.,cplalncd that, if a person refuses to pay the bill and refuses 10 come 10 the Rc"icw Pone I. then ii will be a violation. The City Clerk was asked 10 read Ccunci l Bill No . SS by title : CO UNCIL BILL NO . SS , INTRODUCED BY COUNCIL MEMBER WIGGINS A BILL FOR AN ORDINANCE AMENDING TITI.E I, CHAPTER 60, OF IBE ENGLEWOO D MUNICIPAL CODE 1985, BY TIIB ADDmON OF A NEW SECTION IO RELATING TO EMERGENCY MEDICAL TRANSPORT FEES . COUNC IL MF,MBER WIGGINS MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ll'F.M 11 (d) • COUNCIL BILL NO. 55. COUNCIL MEMBER IlATIIAWAY MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL BILL NO. 55 TO INCLUDE A "SECTION E" rnA T SHOULD READ • "THE EFFECTIVE DAT£ FOR IMPLEMENTATION OF THIS ORlJINANCE WILL BE JANUARY I, 1995.' Motion carried. Ayes : ~-,: Absent Council_,. Hathaway, Wiggins, Waggoner, Bl.fflS, Gull ey Council_, Habenicht Council Member Vormiuag Dcpu1y Director Olson responded to Cooncil Member llabcnichl 's questions regarding projected rc,-cnu cs and projected number of transports. Ms. Habcnichl expressed concern lhal a cilizce may reject emergen cy transportation because of lhe transport fee , which may prove life thrca1cning. Mr. Olson stnled thal if th e situation is life thrca1cuing lhc paramedics will not argue or worry about the fee , they will provide the emergency tmnsponalion. Vo1c rcsullS on Council Bill No. SS as amended : Ai-cs : Counci l Mcmbcrt Wiggins, Waggoner , Bums. Gulley Nays : Council Members Hathaway, Habcnithl Abscno: Council Member Vorminag Motion carried. (c) Di recto r Gl)•glcwic-l prese nted a rcc:onuncndation from the Dcp.1nmcnt of Fin:mci.11 Services 10 adopt a resolutio n tmnsli:rring funds 10 incrc:isc the Ri sk Managc mcnl Self-In suran ce Fund 's rescr,-cs due to large and unexpected claim settlements in pm'ious years. He staled lhc proposed resolution ltilrufcn funds rrom lhc General Fund Balance, Waler Fund Retained Earnings, Sewer Fund Rc1a111od Earnings , BiCit y WWTP Fund Retained Earnings, Golf Co urse Fund Retained E11mings , and 1hc Scr,,iccnlt, Fund Rttrun<d Earnings to lhe Risk Management Sclf•lnsumnce Fund which has been significantl y depicted. I I I la&f',wood 01)' ~ Octokr 17, 1994 Pace, Director Gryglewicz, in n:sponae ID Council Member Burns, clarified tllll '1c:re were a row largr and uncxpcc. J claimsin 1993 . In rcspou, IO Council Member Hathaway, Mr. Gryglewicz cooftrmod 1h11 this appropriation <"J pilJlli7.CS the fund for futon: acfJvitics, takes C2J'C or C\-crything IO this point and for future years al"! as in accordance ,tilh the diJcussion II last year's budget rctroaL Council Member Habenicht asked if lhe self insurance approach is the IMSt cc,1nomlcal. Mr . Gryglcwl cz staled tha1 it is . The resolution \.\'3S a£igncd a number and read by tit!c : RESOL\JTION NO. 77 . SERIES OF 1994 A RESOLUTION AMENDING TIIE APPROVED 1994 !3UDGET AND APPROPRIATING MONIES FOR 11-IE CITY OF ENGLEWOOD, COLORADO . COUNCIL ME~lB ER IL';fHAWAY MOVED, AND IT WAS SECONDED, TO Al'PROVE AGENDA ITEM II (t) • RESOLUTION NO , 77. Dirtetor Gryglc,.icz advised that "WLIC IMPROVEMENT FUND" should be dclc 1cd from Scc1ion I. COUNCIL MEMBER HATHAWAY AGREED TO AMEND RESOLUTION NO. 77, SERIES OF 1994 BY DELETING PUBI..IC IMPROVEMENT FUND FROM SECllON I AND THE SECOND CONCURRED, Council Member Hathaway questioned the cxa:t tow of the fuoos IO be transferred. Di=tor GryglC\1icz confirmed that the total is $215 ,289. V01e r=lts on the approval or Resolution ~·o. 77. Series or 1994 as amended : Mo1ion carried . Ayes : Council Members Hathaway, Wiggins. llabcnichl. Waggoner, Bums, Gulley Nays : None Absent Council Member Vormittag (f) Director Gryglcwicz presented a recommendatio n from rhe Dcpartmc nl of Financ io l Se rvi :cs 10 adopl a bill for an ordinance cst.,blishing the mill levy for propert y 1:i.«s 10 be co ll cc 1cd in 1995. He advised that the propo<ed ordinance sets the 1994 property tax mill levy for collcclion in 1995 al 5.88 mills for thc General Fund operations. 2.11 mills for the Communi1y Ccn1er Debi ScrYicc Fund •nd 4.397 mills for the Englewood Down ,own OC\clopmcnl Fund. Mr. Gryglcwicz nolcd 1ha1 th ese arc the same levels as last year, c.,ccp1 for the Community Center Debt Scni cc Fund , which decreased due to a bond refunding in 1994. The Ci1y Cler'< was asked 10 . · 1 Council BW No . 56 by tiUe: CO UNCIL BILL NO . 56, INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE FIXING TIIE TAX LEVY IN MILLS UPON EACH DOLLAR OF TI{E ASSESSED VALUATION OF ALL TAXABLE PROPERTY Wffil!N TIIE CITY OF ENGLEWOOD, EllllcwouJ City c-11 Octaller 17, 1"4 "-&elO COLORADO, A ND EST ABUSHJNG A MIU IJ!VY FOR 1llE ENGLEWOOD , COLORADO , DOWNTOWN !1EVELOPMENT A\JlliORITY. LOUNCIL ~•EMIIER HATHAWAY MOVED, AND !TWAS SECONDED, TO APPROVE AGENDA m M 11 (0 • COUNCIL BILL NO. 56, Ayes: Council Mcmllcn lhthawny, Wiggins . Habcnichl . Waggoner. Burns. Gulley Nays: None Absent: Council Member Vomliltag Motion carried. (g) Director Gryglcwicz pracnlcd a rocommcndation from lhc Department of Financi al Sen ices to adopt a resolution appropriating $39,000 from retained C:lroings of lhc Golf Course 10 be used for 1hc purchase oflhc clubhouse building oflhc Rh'Crsidc Minia111rt Golf Collr5C . He staled 1h:11 Council pmiously aulhorizcd lhc pun:base oflhc Riverside Clubhouse \\ilh lhc passage o[Ordin.,na: No. 30 or 1994. The resolution was assigned a numt,,, and read by tiOc : RESOLUTION NO. 78. SERIES OF 1994 A RESOLUTION AMENDING l1IB APPROVED 1994 BUDGET AND APPROPRIATING MONIES FOR TIIB CllY OF ENGLEWOOD, COLORADO . COUNC IL MEMBER BURNS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (g) • RESOLUTION NO. 78. In n:sponsc 10 Cow,ciJ Member Habcnich~ Dir<e1or Gryglcwicz ad,iscd Iha! 1hc Cily will rc.1li1.c income from the acquisition of this property as there is a sale/lease back so the City \\i ll be receiving lease P3)11\COIS. Vole results : A)'CS: Nays: Absent: Motioo carried. Council Members Hathaway, Wiggins. Haben icht . Waggo ner , Burn s. Gulley None Council Member Vormiltag (h) Dircaor Giyglcwicz pracnlcd a recommendation fn,m lhc Dcpartmc01 of Financinl Scniccs 10 adopt a resolution appropriating SS2 ,120 fn,m lhc Public lmprnvcmcnl Fund 10 be used for Anim.1.l Shelt er ImpfO\'tmcots . Cowlci l Member Waggoner stated he was under the impression the City intended to review the opcrali on or the Animal Shetter to determine the ncccssily or mainlnining this service. Council Member 1-lathnw:I\' noted lh.11 lhc Cily has a coa1n1e1 until 1996 and she undcrslood the imprnvcmenlS need 10 be done . · The resolution w:IS assigned a number and read by tiOc : RESOL UTION NO . 79. SERIES OF 1994 I I I lllilewoodCitJC-8 Odalltr 17, 19'4 Paa,, II A RESOLl111ON AMENDING 11IE APPROVED 199-4 BUDOBT AND APPROPRIATING MONIES FOR 11-IE CITY OF ENOLEWOOO, COLORADO . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (lo)· RESOLUTION NO. 79. Counci l Member Habenicht emphasiud her concern Iha~ by removing the incinerato r, the City might be removing a piocc of capital equipment 1h11 ffll)' be MOdcd In the fulure . Mayor Gulley poinlCd out lhal this i1em is a budget issue only. Council Member Hatha"'"l' stated Iha! she undc-:.u.1d the incinerator had no1 been used for years before the Cily turned ii 0\-cr to the Humane Society. Iha! j,c animals "~re being culhanizcd inst ead. nnd additionally, Iha! the iDciiicDlor may DOI conlonn to cumnt iir pollution conuol guidelines . Counci l Member Hatha..-ay questioned the fact lhll the pn,poocd resol ution indica tes the Dcp:,nment of Public Works is prq,aral to go out for bids and yet 1h11 has already been done. Discussion ensued. Council Member Hatbn2y agrml to leave the wonliag u it is. Vote rcsullS: Ayes: Nays: Abseal.: Motion carried . Council Mombcn Hatha ... ay, Wiggins, HabcnichL Wa81loner, Bums. Gulley Nooe Council Member Vonninag (i) Dirca·or GryglC\\ia. presented a recommendation from the Dcp.1nm cnt of Financial Services to adopt the 1995 Budget for the City oC Englewood . He staled 1ha1 the budgeted numbers in cluded In the proposed ordinance "~re discussed nnd ogrccd upon by Cou ncil al lhc September 23 and H. 1994 Ci l)' Council Budgel Workshop. (i) The Ciiy Cieri< was asked to read Council Bill No. 57 by 1ille: COUNCIL BllL NO. 57 . INTRODUCED BY COUNCIL MEMBER HA 1llA WAY A BllL FOR AN ORDINANCE ADOPTING 11-IE BUDGET OF THE CITY OF ENGLEWOOD . COLORADO, FOR 11-IE FISCAL YEAR 1995 . COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (i)(i) • COUNCIL BILL NO. 57. Ayes: Council Members Hathaway. Wi81l ins, Habcnich l, 1Va81lo ncr. Bums. Gulley Nays: Abscnl : None Council Member Vonniltag Motion carried. (ii) The Cily Cieri< was asked to read Council Bill No. 58 by title : COUNC IL BILL NO. 58 . INTRODUCED BY COUNCIL MEMBER HA THA IVA Y Ea ..... ood City C...CU Octol>or 17, 1994 Pap, 12 A BILL FOR AN ORDINANCf APPRO-mATING MONIES FOR ALL MUNICIPAL PURPOSES lN THE CITY OF ENGLEWOOD , COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY I, 1995 , AND E1'.JING DECEMBER 31, 1995, CONSTl1UTING WHAT JS TERMED TI-IE ANNL,AL APPROPRIATION Bll.L FOR THE FISCAL YEAR 1995 . COIDICIL MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I! (l)(ii) -COUNCIL BILL NO. 58. Aics : Council Memben Hathaway, Wiggins, Habenichl , Waggoner, Burns . Gulley Nays : None Absent: Council Member Vonnittag Motion carried . (J) Engineering Manager KahJn presented a recommendation from the Dcp.1nmcn 1 of Publi c Works 10 approve, by motion, the award of a construction contract to Trautman and Shreve Sc"ice Inc., in the amounl or $41 ,620, for Animal Shelter improven-.. He Slalcd that the Colorado Humane Society bas operated under conlnlCI al the facility since 1991 . In May of this year lhcy chose 10 cease operation as they wen: conecrncd I.hat the cxisti n, facilily was causing a Joe of illnesses and because it is 3n internal system which cin:ulatcs the air internally. Mr. Kabrn noled the proposed HVAC system "i ll use ouiside makeup air and then: ,.;11 be JO to 12 changes per hour as n,quin:d . The air \\ill be exh.1usted to the outside ,.,th fn:sh air being brought in. Tbctc an: additional utility costs associated \11th th is system. howC\'Cr. the Humane Society pays the utili ty bills at the facili ty. The engineers estimate for th is 1>0 nion of the proj ect was $37,000 and the low bid was Trautman and Shm-c in the amount of$~ 1,620 . ~·tr . K.o.hm stated that staff, taking into consideration the current construction market, fee ls th is is :i fair pri ce . The totnl project is cstimaled at $52 ,120, ,.;th $4 ,500 of that being attrib uted to the work des ign and $6 ,000 for the removal of the incinerator. Council Member Hathaway asked who will be rcmo\iog the incinerator. Mr. Kahm stated that has no1 been detemtincd at this poioL In n:sponsc to Council Member Waggoner, Mr. Kabrn conlinncd thal this agenda item co ncerns th e HVAC S)~lem only. ' COUNCIL ~lEMBER HATHAWAY MOVED, AND !TWAS SECONDED, TO APPROVE A CONSTRUCTI ON CONTRACT TO TRAUTMAN AND SHRE VE SERVICE INC.,~:-. '!'"E AJIIOUNT OF $41,620 FOR THE INSTALLATION OF A NEW IIVAC SYSTEM Ill THE ENGLEW OOD ANIMAL SHELTER Cou ncil Member Wiggins pointed out Iha! Trautman and Shreve Service, Inc. is an Englewood firm. Ayes : Nays : Absent: Mo ti on ca rri ed. Council Members Hathaway, Wir,gins, li.ibenicht , Waggon er, Bur ns . Gulley None Counci l Member Vormittag Council Member Hathaway stated that this should be a rcncction of what the Eng lewood fi rm s arc chargi ng in th e current construction markci . Mr. Kahm concuncd and he added thal th e Ci ly has on exten ded expe rience with the f11111 on other projects and they have done a good job. 12. General Di Kllssion I I I Ea;lewood City c....u Odallu 17, 1994 P11< 13 (a) Mayo(1 Choice I. Mayor Gulley &Wed thal she personally observed the nssistancc provi ded by 1he Sa lva1ion Arm y during the shlnglc fin,. As I raul~ she oen11 p,op0lll 10 the Lions Club IO increase 1hei r dona tio n 10 1hc Salvation Anny for thal IDOCllh. Tbc Lions Club inrn:ucd lbcir donation by $500, for a one monlh 101al ofSl,000 . Ms. Oolley COll1lllalled lhat she feds it is imponant to let the Salvation Anny know they arc •wrcciatcd by the collllllllllity. (b) Council Member's Choice (i) Council Member Habenicht presented• rocomrncndatio n 10 approve a resolution declaring the Eng)e,>ood City Council's opposition to Amcndmcnl 12, which will appear on 1he Nm-ember 8, 1994 General Election Ballot . · Th< resolution was assigned a number and read by title : RESOL\IT ION NO. 80 , SERIES OF 199 4 A RESOLUTION DECLARING TIIE ENGLEWOOD CITY COUNCIL OPPOSITION TO AMENDMEITT 12, WHICH WILL APPEAR ON TIIE NOVEMBER 8, 1994 GEN ERAL ELECTION BALLOT. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 12 (b)(i)-llESOLIJTION NO. 80, Council Member Habenicht oommcnted thal lcadcnhip is expected of persons who arc elected to public office and those pcnons arc ,'Coted wilh the n:sponsibility of studying and undemanding lhc issue. She stated she feels it is cxtrcmcly imponant lhat elected officials take lhcir rcsponsibili1ics seriously and make 1hc ci tizens •"an: of their position. Ms . Habenicht pointed out that. if Amcndmenl 12 passes. Council may be pm-cntcd from even passing a resolution of this type . Council Member Bums cxpr<SScd his belief Iha~ if Amendment 12 is defeated, muni cipnli1 ies should co nsi der combining cffons to prcscDI a proposal, ratbcr than always being on lhc defensive . Vo tc rc.4rults : Ayes : Nays : Absent: Council Member, Halha,.,iy, Wi ggins, Habe ni ch~ Waggoner, Burns . Gulley None Counci l Member Vonninag (i i) Co unci l Member Waggo ner staled tha1 he had received a leuer. and he assumed all of Council had also . fro m Jeffrey Hillman , National Sales Manngcr of E-Z Dock . Mr. Hi llm nn implied in the lc:ncr that there was some im propriety involved in the aw:irding or the bid for the no.1 1ing dock system at Cen tennial Park to another co mpany. Mr. Waggoner pointed out that he asked the comp:iny representative, Mr. Stone of Leisure ~ign Systems, Inc .. if their product meets City spccilica ti ons and ""' told lhat ii docs not which is why Ibey wen: not a"'1rdcd the bid. Ea ..... ood City Coudl Odolltr 17, 1994 P111tU (iii) Council Member Bums rdated thal he anendcd t'ic: Business Apprr.clntlon Breakfast. as well as Safety Day activities at the Police/Fin, complex. He llaled that both .. ,..., wonh whi le C\'CDlS . (iv) Council Member llallun,-.y llalcd lhal accas to Elm Trailer Parle was obstructed over lhc "'Cdu:nd bccallle ,. road comtruclioo at Santa Fe and Dartmouth. She !Mled lhal Castle Rock COIIIIIUC:lion ra:ti6cd lhc litullioo, ..,,.,:vcr, Council may be receiving calls from some or the n:side111s of that park if lhis happcnugain. She stressed Ute lmponnna: of Council remaining cogniza nt or 11',c fact Iha~ in addition to businca access, n:sidcnlial access should also be a conce rn . (Y) Council Member Wiggins stated he "i ll be out of 10"11 Mondny, Octobe r 24. 199 4. 13. City Manacer'1 Choice Ci ty Manager Clarlc did no< ha,-c any matten to bring bcfon: Council. 14. City Attomcy'• Cboi<:c Act ing City Allorncy Semple did DOI ha,-. any matters to bring bcfon, Cou nc il. 15. Adj<Mlmmcnt COUNCriJ UNANIMOUSLY MOVED TO ADJOURN . Th e meeting adjourned nt 8:42 p.m. J -/J"" 7Jfi;/f~ l(, ti J&;,cicrk I I