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HomeMy WebLinkAbout1993-04-19 (Regular) Meeting MinutesI I INGLIWOOD crrY COUNCU. ENGLIWOOD, ARAPAHOE COUNTY, COLORADO R,plarSealoa April 19, 199J I. Call to OTder The regular ..-ing of the Englewood Ci1y Council was called to order by Mayor Wiggins II 7:H p.m. The inv,:x:maa -gMD by Council Member Bullock. 3. f'WF Ill Allepuce The Pledge of Allegiance was led by Mayor Wiggins. 4. Roll Call Absent: A quorum ,ns pn:ocnl CA,unciJ Mcmbcn Hathaway, Saunders, Gulley, Bullock, Habenicht Waggoner, Wiggim Nooe Al5o present: Cily Manager Frucr 5. Mwala Cily Attorney DeWitt Assislant Cil)' Manager Reid Assislant Cil)' Mauger Wcdding-Sa>tt Dcpuiy Cil)' Cieri< Ellis Dircdor Esterly Public Worts Diffl:lor Merkel Communily Development Dircdor Haya Financial Savica (a) CO'i/NCIL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 5, 199J. Motion carried. Ayes : Council Members Bullock, Saunders, Hathaway, Habenicht Waggoner, Gulley, Wiggins Nays: None 6. Pre-tebeduled Visitors (a) The Englewood High School Hooors History Class offered several suggestions for the future use of Cinderella Ci ly. 7. Noa-tdleduled Visitors There were oo oon •schcdulcd ,isil ors . 8. C.--aicatioos, Procbmatiou and Appoi•-•tJ Ea&l<wood City Coudl April 19, 1'93 P1cel (a) A proclamation docllring the-" ol April lS, 1993 through May I, 1993 as Crime Victims' Righu Weck wu considual. COUNCIL MEMBER IIATIIA WAY MOVJ:D, AND IT WAS SECONDED, TO PROCLAIJII mE WEEK OF APRIL 15, 1993 TIIROUGII MAY I, 1993 AS CRIME VICTIMS' RIGHTS WEEK IN TUE CITY OF ENGLEWOOD. Ayes : Council Membcts Bullacl<. Saundcn, Hathawa y, Habenicht. Waggoner, Gulley, Wiggins Nai~: None Motion carried. (b) A proclam:ition declaring May I , 1993 as Epsilon Sigma Alph a Daywu considered . COUNCIL MEMBER GULLEY MOVED, AND IT WAS SECONDED, TO PROCLAIM MAY I , 1993 AS EPSILON SIGMA ALPHA DAY. Ayes : Council M bcn Bullacl<. Saundc11, Hathaway, Habenicht. Waggoner, Gulley, Wiggins Nai~: None Motion carried. (c) A proclam:ition declaring May l, 1993 as Inter-Faith Task Fora: Day was considered . COUNCIL ME~mER GULLEY MOVED, AND rr w AS SECONDED, TO PROCLAIM MA y l, 1993 AS INTER-FAITII TASK FORCE DAY. Ayes : Council Members Bullacl<. Saundc11, Hathaway, Habenicht. Waggoner, Gulley, Wiggin; Nai~: Nooe Motion carried. (d) A proclaruatioo boooring Julie Vogel the 1993 Colorado State Spelling Bee Champion was considered . COUNCIL MEMBER BULLOCK MOVJ:J, AND IT WAS SECONDED, TO PllOCLAIJ\1 JULIE VOGEL AS ENGLEWOOD'S FOREMr,sT SPELLER AND OFFER IIER TIIE COMMUNITY 'S SUPPORT AND BEST WISHES AS ~ilE HEADS FOR mE NATIONAL SPELLING BEE CUAMPIONSIIIP. Motion carried. Ayes : Council Mcmbc11 Bullacl<. Saundm. Hathaway, Habenicht, Waggoner, Gulley, Wiggins Nays : None Mayor Wiggins presented the Proclamation and T-shirt to Ms. Vogel . 9. Public lleariag (a) COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GA TBER CITIZEN INPUT ON PROPOSED PA VlNG DISTRICT NO. 37. Ayes : Council Members Bullacl<. Saundm, Hathaway, Habcro icht. Waggoner, Gulley, Wiy,gins Nays : None Motion carried and the public hc'aring opened . Mayor Wiggi ru stated that the purpose of the public bearing is , , consider the propo,cd Paving District No . 37 . I I I I la ......... Ckyc-dl Aprll It, 1'9l PaaeJ All ICIUJDOII)' wu gival IIJldcr 001h. Diroctor e.tcrly IWal the propoocd ordinlnoc lo form Special Improvement Dilllrirt No 3 7 provides ror the consuuction o(the 2000 to 2300 blocks of West Yale Avenue. He provided proof o/ uticc or public hearing whlcb wu publiJhcd in the Englewood llcrald oo Mlln:h 18, March 25, and April I, 1993 . Mr. Estc,ly DOied CouuciJ approved Raolution No. 34 addRasiDg the intent lo form this paving district and Resolution No. 35 which provided funding for the City's portioo olthis project should it be approved. He pointed out tlw the City's stn:ct system bas been impnMd to .-minimum City SWldards through P"'in& improw:mcDI districts unce 1956 . Tbc ccot oC the impnwancnt districu bas bccu borne by the City and the adjacent propcny owncn . He explained that ~ district strcc11 arc rcfcm:d to Council in scvcral "~ys including requests from citizeal, ptt,pcny OWDCII, Council mcmbcrt, thnlugb petitioning, or as the result oC maintenance problems . Yale Avenue, aside from the temporary hard swfacing, is basicalJy a din and gnvd road which was pctitiollcd for indmioo in a paving dilllrict in 1992 for consuucuoo in 1993 . In response to Council's qucsti0111. Mr. Eslaly provided infonnatioo regarding the temporary la)-cr oC asphalt which was applied to the cxist.ing bu:. Discussion ensued. Council Member Bullock staled be would be VOiing agai.ml the proposed ordinance as be objects lo the p..,_i tnnsfa oC funds and the fact tlw ooc or two land .,.....,. appear lo be uoduly inOucncing the process. He eaeowapl Counci l to vote agai.ml the proposed ordiuair:c and proa<d "ith the original project schedule. Many Suuoo. 2740 South Vallejo, stated he docs DOI ha\,: froolage on Yale. He questioned the definition or half-a-l>lodt and the validity of the cstimales . He contcodcd the charges arc DOI equitable. ungtby discussion ensued. Diloctor Esterly confirmed that Public Scrvia: Company will absorb the cost or mo,i ng the p0"-cr pol<s and trusformcn ""pan citbcir Fruchue Agreement with the City. Council Member GullC) explained that if this is DOI app1"'-cd tooight Mr. Sutton nocds lo undcmand that ii .. ;11 be propo<cd in the paving district DCXt yw and that the ligwtS will DOI change app,a:iativcly . Mr. Sunon requOll<CI specifics for his particular-. Mr. Eslaly stated staff would be glad to meet "ith him. Bill Da,is. 2727 South Tejon, rch this paving project should ha\,: been done 15 years ago. However, he questioned the basic formula and maintained that the people °"ning adjacent propcnics should pay for it. Mr. Esterly confirmed that this is the same formula used tbrougboUI the City . Council Member Waggoner t."J)lained that usually then: arc two assessments tlw a property rcc:civcs during the cow,c of the paving district programs One is called a front stn:ct assessment and the other a side stn:et assessment. The rront stn:cl assessment is normally determined by the way the lots arc laid out which is then assessed lo the abutting propcnics. The side strccll arc assessed on a ,:one basis and assessed for paving only . Mr. Da\'is q"cstioned the faimcs1i or the as.scssmcnts. Director Eslcrly olfc,al to go over the formula stcp-l>y-stcp. Director Esterly respoodcd lo Council's c:oncems regarding the formula. Cwt Sullan, attorney rq>r<senting R & R MiUwork, Inc., mbmittcd three photos and a leucr of objection for the record. Mr. Sullan stated that Colorado~ Statutes (CRS) § 31-25-502 only allows , municipality to assess costs against propcnics especially benefited by the imp1""Cmcn~ CRS § 3 l ·l'· • .1 8 req ui res that the benefits rocci\'cd exceed the levies against the propcny owner, CRS § 31-25-513 r -uvi dcs that no COSIS shall be ISSCSICd against the propcny lo wlucb the diJtrict obstructs rca.qooable acccs! Iv ·3it stroct or alley, and CRS § J 1-25-507 defines the benefits. It is the position ofR & R l\liUworb, Ins., at this poin~ that lhC) will roccive oonc of the benclill described in section 507 as a result of this special district He apprisal Council of the concerns of Mr. Ron King ciR & R Millwork, Inc . Specifical ly, Mr. King contends the proposed improvements will result in the loss ol all of his company's emplll)'CC parking along West Yale A,'Cnuc , increase risk to his expensive woodworking equipment as a result of Yale !nslcwood City C-U April 19, 1'93 Paae4 Avenue being widened within a few feet of the busineaa JKt"UICI, the poaibilily of omni vehicles pcnclrating the rear waU of his shop, and may reoull in WIier drainage problcma. He poinlcd out that Mr. !(fog also is conccmal that the Cily may II aomc poinl doc:ldc that the d1111 collection syatcm, which is vilal 10 bis business, ,iolalcs some 1ype of safety rogulatioo or building code due 10 ill proximi1y 10 toe road. II was confumed that Mr. King objet1al ID the peviDg of Yale at any time In the future. Council Member Gulley pointed out that this lln:el bu bccD on a paving schccMc for a nwnl>cr of year,; ond Iha! Council 1w bean! from quile l number of people who would lilcc lhc llrcct included in Ibis yca~s pl an. Council Member Waggoner rcilcrllcd 1h11 the petition ,.,.. IUCteSlful . Mr . King. 20\/0 Well College Avenue. 1111m his main conccm is 1h11 the paved road will be abcul six feel from the baclc of his building. He rcilemm the coacems pm'iously addrascd by Attorney Sullan . Discusaion ensued ~prding lbc anticipaml parting problems. Paul Edstrom, 2267, 2269, 2271, and 2273 Well Yale, spoke in favor of the diJtrict. He mainlalncd that 1he properly owners that will benefit the -m also bearing the largest share of the COIi. II wu his co nlcntion thal all properly°""""' being uscad wiU bcodit either din:ctly or indirectly. Mr. Edstrom poinied oul the impot1ance of oonsidcring the environmental pollution caused by the dust He thanked the Cily for their dfons toward mitigating some of the problems by the lemporary paving. but he did not feel lhe temporary paving would last through ~ freeze/thaw cycle. Mr . Edstrom encoumged Council to approve the project for this year as 60% of the properly .,.,,.,. have indical.ed their approval. Council Mcrnl>:r Bullodc inquired what the balana: in the PIF would have been 1>ilhoo1 the transfer from lhc General Fund. Ci1y Muagcr Fraser DOC<d lhat without the transfer of funds the PIF balance would be considen>d exuancly low. There being nc one cite present lo speak to the issue. Mayor Wiggins asked for a motion to close the public hearing. COUNCD., MEMBER BULWCK MOVED, AND IT WAS SECONDED, TO CWSE THE PUBLIC HEARING. Ayes : Council Membcrl Bullodc. Saunders, Hathaway, HabenichL Waggoner, Gulley, Wiggins Nai~: Nooe Molion carried and the public hearing closed. (b) Diro:tor Esterly proacr,1ed a recornme"'"'°"" from the Dcpartmcnl cf Public Wcrlts to adopt a bill for an onlinancc c-reating Special lmproYCrncnt District No. 37 . The Depuly Cily Clcrl< was asked 10 Rad Council Bill No. 18, entitled: '.'OUNCil. BILL NO . 18. Wll!.ODUCED BY COUNCil. MEMBER WAGGONER A Bll.L FOR AN ORDINANCE CREATING SPECIAL IMPROVEMENf,DISTRICT NO. 37 , IN THE CITY OF ENGLEWOOD , COLORADO; ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB, Gt.rn1:R, SIDEWALK, AND STORM DRAINAGE IMPROVEMENTS , TOGETIIER wrrn NECESSARY INCIDENTALS; AND SETIING FOR1ll 01HER DETAil.S IN CONNECTION wrrn THE DISTRICT. COUNCD., MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM, (II) -COUNCD., 80.,L NO. II. Ayes: Council Mcmbcra SaWldcrs, Hathaway, Habcnich~ Waggoner. Gulley Nays: Council Mernbcn Bullodc. Wiggins Motion carried. I I I I l:•llewood City Coad! ilpril 1', 1993 PapS 10. Approval on Sec:oad Rudin& COUNCIL MJ:MBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO Al'PROVI ON SECOND READING AGENDA ITEMS 10 (a) THROUGH (c) AS FOLLOWS : (a) ORDINANCE NO. 17, SERIES OF 1993 (COUNCIL BIIJ.. NO. 14, nmlODUCED BY COUNCIL MEMBER Guu.EY), E1'ITITLED : AN ORDINANCE AMENDING 'J1ll.E 8, CHAPI1!R 2, ARTICLED OF nm ENGLEWOOD MUNICIPAL CODE 1985 BY ADOPTION OF TIIE NATIONAL ELECTRICAL CODE, 1993 EDmON, INCLUDING AP:'ENDICES AND nm UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR nm NATIONAL ELECllUC CODE, SUBJECT TO CERTAIN EXCEPTIONS, MODIFICATIONS, AND AMENDMENTS . (b) ORDINANCE NO. 18, SERIES OF 1993 (COUNCIL BILL NO. 15, INTRODUCED BY COUNCIL MEMBER BULLOCK), ENlTILED: AN ORDINANCE CREA TING SPECIAL IMPROVEMENT DISTRICT NO . 36, IN 1llE CITY OF ENGLEWOOD, COLORADO: ORDERING nm CONSTRUCTION AND INSTALLATION OF STREET PA VINO , CURB , Gl!ITIR, SIDEWALK, AND STORM DRAINAGE IMPROVEMENl'S, TOGETI!ER Wl1ll NECESSARY INCIDENTALS ; AND SETTING FOR1ll 01llER DETAILS IN CONNECTION Wl1ll TIIE DISTRICT. (c) ORDINANCE NO. 19. SERIES OF 1993 (COUNCIL BILL NO. 16, nmlOOUCED BY COUNCIL MEMBER HATHAWAY), EN1111.ED : AN ORDINANCE APPROVING A LEASE FOR REAL PROPERTY IN 1llE 3400 BLOCK OF sourn ACOMA (PARKING LO'I) BETWEEN 1llE ENGLEWOOD URBAN RENEW AL AU1110RrrY AND nm CITY OF ENGLEWOOD . COI.ORADO . Ayes : Council McmbCIS Bullock, Saunders , llalbaway, Habcnicbl. Waggoner. Gulley, Wiggins Nays : Nooe Motion carried . 11 . Ordinances, Reaolutioas and Motion, (a) Director Mcrl<el presented a recommendation from the Planning and .ZOning Commission to adopt a n:solulioo approving the final plat of the Ness Subdivision . He advised thal the property is approximately 3.38 acra localed on the east side of the 3300 block of South Plallc Rivu Drive. Mr. Ness, Pruidcnt of Ness Manufacturing, has worl<cd closely with Slaff to n:locate bis Air Fora, target business in the City of Englewood. Mr. Merkel advised thal the Planning and 1.oning Commission held a public hearing on March 16, 1993 to comidor the pR1iminaJy plat and it was unanimouoly app1'0'.-cd. The final plat was considcn:d b)• the Commission on April 6, 1993 and the Commission >Otcd unanimously to recommend approval of the Ness Subdivision . He advised that staff also recommends applO\-al . Council Member Waggoner questioned if the subdivision approval would ruult in the elimination of any exi sling access for adjacent property. Lengthy dilcussion ensued. Mr. Waggoner felt the plat should reflect the right of access for a ]l3lCd to the cast which might otherwise be landlocked. The resolution was assigned a number and read by title : RESOLtrnON NO. 38 , SERIES OF 1993 ElllkwoodCilyc-11 April 1,, 1993 Pase, A RESOLUTION APPROVING 1llE SUBDIVISl•)N OP PROPERTY LOCATED ON TilE EAST SIDE OF TilE 3300 BLOCK Of' SOU'Jll PLA Tl'!! RIVHR DRIVE. COUNCD.. MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM NO. 11 (o)-RESOLUTION NO. 31. Council Member Habenicht rcqUC$led clarificalioo orthe ICCtSI issue. Discussion cnsual. City Man.iger Fraser agn:cd to research tile issue . Motion carried. Ayes : Council Members Bullock, Saunders, Hathaway, Habcnichl Waggoner, Gulley. Wiggin, Nays: Nooe (b) Diru:tor Esterly presented a rccommcodalioo fiom the Dcpanmcnt or Public Worlts to adopl a n:oolutiOll to negotiate and n-ard a c:oolJIICI for the 1993 Microswfacing Program . He advised that the proposed resolution allows for a ncgOUllcd contnlCI which is an exception to the bid process. Mr. Esterly stated that Bituminous Asphalt Scaling Specialist, Inc. (BASS), orNorth Little Rock. Arkansas has placal 890.000 ,quarc yards o(Englewood design pn,ducls in the City during the last six years. He c.,-p laincd that sta.fT continues to monitor sluny all and microlw&cing constructed in the m,t,opolitan nrca and that during the previous six ......,. the workmamlllp o( other contractors has been oC a Imm quality than that PfO\udcd by BASS. Inc. Microowfacin& ruiuh~ highly specialized consuuction cquipmcnl requiring continuous microswfacing cquipmcnt that can apply llandard sluny productJ. Althoogh the number or continuous microsurfacing IIIICbincs continues to grow throughoot the country, none are Ol>ncd or opcralcd by Colorado contraclon II this time. Mr. Esterly explained the steps sta.fT has taken to insure a quality microsurfacing emulsion fi>rmula. He advised that $406 ,000 is available in tile Public lmpr0\-cmcnt Fund, Road and Bridge ICCOWII ror 1993 . For 1993 sta.ff is n,comrncnding a contract ,.;th BASS, Inc. ror approximately 204,000 squan: yards o(miaoswfacing. which equates to 80 blocks or about 10 miles o(Eoglc,,ood strccu. Council Member Gulley questioned the ag,ccmcnt ,.;th regard to the portion or Clarkson onncd by Cherry Hills. Dia:ussion ensued. The resolution was assigned a number and read by title : RESOLUTION NO. 39, SERIES OF 1993 A RESOLIJTION ALLOWING FOR A NEGOTIATED CONTRACT FOR TI!E MICROSURFACING PROGRAM 1993 INSTEAD OF 1llE COMPETITIVE BID PROCESS UNDER SECTION 116 (b) OF THE HOME RULE OIARTER AND THE ENGLEWOOD MUNICIPAL CODE 198~ '."r.CTION 4-1-3 , AND AWARDING A NEGOTIATED COITTRACT FOR nns PROGRAM FOR MAINTENANCE OF THE ENGLEWOOD STREET SYSTEM. COUNCIL MEMBER BULWCK,MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM ll(b)-RESOLUTION NO. J,. Cou ncil Member Habenicht expressed appn:hension about the legality or circumventing the competiti ve bid process. City Attorney DeWitt responded tbal the issue has been thoroughly reviewed by stall and an exemption is poaible with Ccuncil's apprDYal by resolution. Discussion ensued. It was n,confirmcd that there is nothing available locally thal rnalCbtl the ability or technology of BASS, Inc. Council Member Waggoner maintained that it bas been approximately five years since the first app lication or ~lurry acal and we are just now experiencing the first indication or problems. Mr. Esterly agreed the wear is starting to show on some strcclS, but that it is possibly too soon to pass judgment on the success or failure or the program . I I I I h&lew_. C11J C.-CU Aprll 19, l"J Paae7 Votcrosull>'. Motion carried. Ayes : Council Mcmbcn Bullock, Sawlden, Hathaway, Habcnich~ Wqgoncr. Gulley, Wiggins Nays : None (c) Diroctor Haya pracnled a rccommcodalion fiom the Dq,aruncot oCl'ioancial Services 10 adopt a bill for an ordinance authorizing the tlllllfer o(fiandl flom the City of Englewood Volunteer Fircfightcn' Ptmion Fund to the City oC Sheridan Volwllccr Firdlghten' Pension Fund. She DOied that the cities oC Englewood and Sheridan have !Joen. over the laa few years, uying 10 determine how the voluntccn •'ho previously warted for Englewood's volUDICCr fuc l'fogram and who now wort for Sheridan's ,'OIWIICCr program will m::cive their pcosiolls. Ms. Haya ,wed the Englewood Filcmco's Pension Board recommends that Council approve the propmcd ordinaocc transferring the funds from Englewood ID Sllaidao in order to ICllle the malter. She explained that the amount to be transferred is approximatdy $56.034 iftransfcmd by June 7, 1993. The Dcput)• City acrt was asked 10 read Council Bill No. 17 .2. entitled: COUNCll. Bll.l. NO. 17 .2, INTRODUCED BY COUNCll. MEMBER GULLEY A Bill. FOR AN ORDINANCE AtmlOIUZING nlE TRANSFER OF FUNDS FROM THE CITY OF ENGLEWOOD VOLUN'IBER FIREMEN'S PENSION FUND TO THE CITY OF SHERIDAN VOLUN'Icl:R FIREMEN'S PENSION FUND. COUNCIL MEMBER GULLEY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM NO. U (<) -COUNCU. Bn.L NO. 17.l. City Manager Fraser advised !hat this plan bas bcco ~ and appnl\-cd by the City of Sheridan. Motion carried. Ayes: Council Membcn Bullock, Saunders. Hathaway, Habeoich~ Waggoner, Gulley, Wiggins Nais: None (d) Diroctor Hayes proscoled a rcc:ommcodalion f'rnm the Department of Financial Services 10 approve a n:solutioo amending the 1992 Annual Budget by transferring appropriated monies between departments and divisions for the City orEnglewood. She DOied !his would be a rctroacti"e appropriation and transfer oC6mds for 1992 and adcquale appropriations have been made in the Gcocral Fund. Ms. Hayes C."J>laincd that once the year is closed and the books are fioaliud Slaff dctertoiocs if any shifts in fund ing :uc requiltd. Slaff is n:qucsting additiooal appropriations of $10,0SJ from M:\'Coucs in lhc Parts and Recreation Trust Fund 10 cover cxpcoditurcl for lbc Horaccar Project and Scou property expenses . The Donors Fund r=ived contributions for the Library, Rccn:atioo and Safely Services which will be appropriated to CO\'O' related expenditures. The Capital Equipment Rcplaccmcnl Fund requires an additional appropriation from fund balances to cover additiooal expenses incurred lo replace a rescue un it. The fiMI item is a $20,000 appropriation f'rnm the Gcocral Fund to the Concrete Rcplaccmcnl Distri ct 1992 as lbc high DWDbcr of distri ct voluotccn raised the COIi af the projoct. In response to Council Member Habcnicbt's inquiry, Ms. Haya coofirmcd lhat lhc money contributed to the Donors Fund is used for lhc specific purpose for which it,... donated. Council Member Waggoner asked if the money for lhc n:scuc unit rcplaocmcnl would COl'lC out of !he Cap ilal Equipment Rcplaccmenl Fund balance. Ms. Hayes confirmed lhal ii would . taa,ew ... City Caudl April 1,, l!l,J , .... The n:solution was assigned a number and road by tiUc : RESOLUTION NO. 40, SERil!S OF 1993 A RESOLlITION AMENDING nm APPROVED 1992 BUDGET AND APPROPRIATING MONIES FOR TllE CITY OF ENGLEWOOD . COl' ,t,fEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGE .. ITEM NO. 11 (d)-RESOLUTION NO. 40, Mot ion carried . Ayes : Council Mcmbcn BuUock, Saundcn, Hathaway, Habcnichl Wagoner, Gulley, Wigins Na)~: None (c) Dir<elor Hayes prcacnu:d a n:commcndalion from the Dcpanrncnt of Financial Sc,viccs to approve a rcaolution amcoding the 1993 Annual Budget and transferring appropriated monies bctwccn departments and divisions for the City of Englewood. She explained that the majority of the items included in thiJ resolution involve a transfer of money from the General Govcmmcnt Coatingcacy Department to lhc varioos departments within lhc C',cncral Fund for pcnonal services as a result of the contract negotiations and finalization oCtbc 1993 pey plans. Additiooally, Lbcn: is an appropriation of $10 ,000 for the hiring of a halftime intern to supply support scrvicc, for the Environmental Sen-ices recycling program; and an appropriation of $50,000 for lhc feasibility study and lhc golf aJWlt cxpansioo projoct . Counci l Me mber Habenicht asked if Lbcn: is any c:omlation between this resolution and the S% cul in all departments this year. Ms. Hayes advised Lbcn: is DOI a dinicl aim:lation, that the transfer from lbc Co ntiogency fund rq,roscnu salaly iocrcasc:s and benefit pacbp based on cooltaCI ncgotialioos and final ii.ati ons of pay plans for 1993. City Manager Fn.scr explained that each department bas been asked to work "ithin a 5% guideline, however, thiJ clislribulioa of monies from the Contingency Fund adequately ~ccts the planned spending for 1993. The resolution was assigned a number and road by title : RESOLUTlON NO. 41 , SERIES OF 1993 A RESOLUTION AMENDING nm APPROVED 1993 BUDGET AND APPROPRIATING MONIES FOR nm CITY OF ENGLEWOOD . COUNCIL MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (e) • RESOLUTION NO. 41, Ayes : Council Membcn Bullock, Saunclcrs. Hathaway, Habcnichl Waggoner, Gulley, Wiggins Nays : None (f) City Anomey DeWitt presented a n:commcndalion to adopt a bill for an ordi nance authorizi ng the rc issuancc and sale of Colorado Industrial Development Revenue Bonds for the Safeway, Inc . Projoct . He C.'<J)lained that this is a request made by Safeway to refinance their projcct's current outstanding obligations . Mr. DeWitt advised that it is exempt under Amendment No . I and Safeway agrees ID pay all the costs associat ed wilh lbc rcis.ue . City Allorncy DeWitt ainfirmcd that lhia wiU DOI impac:t our bood nting or abili ty to issue any other bonds and the indcmniflCltion will oovcr any SEC liability. I I I I hslewood City C..U April 19, 1993 Pap,9 City Manager Frucr cxplainod, ill rapoase to an inquiJy 6om C.ouncil Member Waggoner, that there are fees coUccu,d for Ille initial ~ and i-..ce ol lmdril~ DcwloplllCIII Revenue Boads for costs incumd by Ille City. Rdmanca pr-..t • diJfaml clra1mlla1.1c:e and are IIIUl!Jy done to take advantage of the bond nwkCI. In response to Council Member Hathaway, Mr. DeWiu identified other outstanding revenue development bonds . The Deputy City CICllt was aslcod to read Council Bill No. I 'I, cntiUod : COUNCIL BILL NO . 19, !NTRODUCEO BY COUNCIL MEMBER HABEN!Clff A BILL FOR AN ORDINANCE AIJJHORJZING nil! ISSUANCE AND SALE OF NOT TO EXCEED $3 ,8S0,OOO CITY OF ENGLEWOOD, COLORADO INDUSTRIAL DEVELOPMENI' REVENUE BONDS (SAFEWAY INC . PROJECT) SERIES 1993 TO CURJI L REFUND ON AUGUST I, 1993 , CITY OF ENGLEWOOD, COLORADO'S OlTl'ST ANDING $4 ,S00 ,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS (SAFEWAY STORES, INCORPORATED PROJECT) SERIES 1983; RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN; AIJJ'HORIZING nil! EXECUTION AND DELIVERY BY CITY OF ENGLEWOOD, CXlLORADO Of A LOAN AGREEMENT, BOND INDENTURE OF TRUST, TAX REGULATORY AGREEMENT, PAYING AGENT AGREEMENT, REMARKETING AGREEMENT, BOND P\lllCHASI! AGREEMENT, SAID BONDS AND CLOSING DOCUMENTS IN CONNECTION lllEREWTrn; MAKING CERTAIN FINDINGS NECESSARY TO ADOPTTIDS ORDINANCE; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWTTII. COUNCll. MEMBliR HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM NO. 11 (I)· COUNCll. BILL NO. 19. Motion carried. Ayes: Council McaD:,t Bullock, !.aundcn, Hathaway, Habcnicb~ Waggooor, Gulley, Wiggins Nays: None 12. General Dilawioa I. Mayor Wiggins pointed out the ocod to 5dcct a Citi1.en oC the Year and conduct a town meeting. Cowicil asreod to cooduct a Town Meeting May 24, 1993 to honor Englewood'• Citizen ohbc Year and 10 pro,idc an opportunity for citiuns to expresa opinions a1xiut Cinderella City. 2. Mayor Wiggins questioned the status of the lease with Mr. Koluy for the fire S1:tion at Fodera! and Oxford . City Manager Fraser "ill follow-up and provide the requested infonnation. 3. , Mayor Wiggins requested an update oo the status oCthe woodpile at General Iron WOll<s. Discussion ensued. Staff will chcclc :.110 the situation. (b) ·1 Member, Choice (i) Council Member Bullock : I. He r,,questod that a Code Enforcement Offic..: ho sent to 2730 South Williams. He transmitted copies of his projected Colorado Municipal League expenses . Mr. Bullock stated he focls the conference is worthwhile and provides a good 'ICIWOrking opportunity . He requested that counc il approve an c.'(J>Cndi twe covering half of the projected expenses . 1 • .,.,. .... Cttyc-u April It, 19'3 Pap, 10 COUNCil. MEMBIR BULLOCK MOVID, ANO IT WAS SICONDID, TO APPllOVE AN EXPINDITUU OF SJOt.15 FOR BJS ATTENDANCI AT 1111 COLORADO MUNICIPAL LEAGUE CONRRINCE. Ayes : Nays : Council Membcn Bullock, Sawldcrs, Hathaway, Habcnich~ Waggoner, Gulley, Wigsins None Motion carried. (i i) Council Member Habenicht l . She stated she would also like to attend lhc Colorado Municipal League Confe= as a member or lhc Policy Committee n:prescnting l!nglewoocl. Ms. Habellicltl llalcd she feels it is a valuable co1tfeta1CC and an cxcdlent opportunity to nct\\"/il~ wi ta ,::o,ux:il mcmben from other communities. She requested approval ohhc: cntin: IIIDOWII o(S46J 50 COUNCil. MEMBER GULLEY MOVED, AND IT WAS SECONDED, TO APPROVE AN EXPENDITURE or s.63.50 FOR COUNCil. MEMBIR HABENICHT TO ATTEND THE COLORADO MUNICIPAL LEAGUE CONRRINCL Ayes : Council McmlJers Bullock. Saulldcrs. Hathaway , Habcnich~ Wagoner, Gulley, Wigins Nays: None Motion carried. 2. Ms. Habcruc\l t questiortod tbe SlalUS oflhc sit uation involving BB ~""' and squirrels . She cmphasiltd the importance of resolving the issue. 3. She rocommeodod. sina: acllnl n:vcoucs an: DOI u negalivc as the aoticipal<d 1993 budget projections, that Council misit this issue as_,. employocs may hive been uoocccssarily impacted. City Manager Fraser suggcsled the City "hold the aJU11C' for a few mon: months aoci at that time take a closer look at thc n:vcnucs. (iii) Council Member Waggoner: I . He questioned the status or a home under construction at Floyd and Downing. Discussio n ensued. 2. He asked when Council could cxpccl =mmcndalioos from the Clean, Groen and Proud Commission on the trash removal issue. Discussion eosucd. (i••) Council Member Gulley rcqucslCd a n:pon detailing the City or Englewood em pl oyee classifications. 13 . City Maa1p,r '1 Choice (a) Mr. Fraser ad\iscd that staff is working ,.;th Coor, in an cffor to find co mmoh grou ed tha l ..ill serve in legislative efforts ..ith ,c,;.,.rd to Supcrfund and the potential re rcauthoriza lion or CERCLA. (b) Mr. Fraser n:mindcd Counci l that Community Development would like each Council member to provide names of three or four citiu:ns who may be intci'CSlcd in participating in lhc visioning process . (c) Mr. Frucr thanked Cc·uncil and stafffor a sua:cssful workshop. He stated the dialog and din:ctioo setting wen: very hel pful . I I I I r: ........ City c-:11 Aprillt,l"l Pap II (d) 26 , 1993. Mr. Frucr adviltd CoonciJ that thcte is no study OCSGion ,chcduled for Monday, April 14 . City Atton1ey'1 Choice (a) Mr. DcWill n,quested Council granl aulhorily 10 defend lhe Cily of Englewood in a fire insurance claim alleging damages as a rcsull of waler leaking from lhc Cily Dilch in10 Donald DcBhem's property. Discussion cmucd. COUNCll, MEMBl:Jl BULLOCK MOVED, AND IT WAS SECONDED TO AUmORIZE mt CITY ATTORNEY TO DEFEND THE CITY or ENGLEWOOD IN mtS MATTER. Motion carried. Ayes: Cooncil Mcmben Bullock, Saundcn, Halhaway, Habcnieh~ Waggoner , Gulley, Wiggins Nays : None (b) Mr. DcWin requested pcnnission to fioalizc lhc stipulation regarding lhc Will°"s Wellhead Protection District. COUNCIL MEMBER GULLEY MOVED, AND IT WAS SECONDED, TO APPROVE THE STIPULATION. ' Motion carr.:.xl. Ayes: CoonciJ McmbcB Bullock, Saunders. Halhaway, Habcnich~ Waggoner, Gulley, Wiggins Nays: None (c) Mr. DcWiu poin1ed out problems encountc"'1 by Cily of Englewood police officcB in responding to complaints about barlcing dogs . Lengthy discussion ensued . (d) Mr. DcWill asked iflherc was a desire to chanic policy on Industrial Dcvclopmcn1 Bones . The response was no . I 5. Adjountmeat COUNCIL ~MBER HATHAWAY MOVED TO ADJOURN . The meeting adjourned at 9 :55 p.m.