HomeMy WebLinkAbout1993-05-03 (Regular) Meeting MinutesI
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ENGLEWOOD CITY COUNCll,
ENGLEWOOD, AJIAPABOlt COUNTY, COLOllADO
Rqular Salioa
May 3, 1993
I. Call to Order
,The regular ..-ingof lhe Englewood City Council wu called to order by Mayor Wil!&ins at 7:31 p.m.
2. Invocation
1:ic invocation,.,.. given by Council Member Bullocl<.
3. Pkdr:,, of Allqju<,
The Pledge of Allcgiaooe MS led by Mayor Wiggins.
4. Roll Call
Present :
Absenc
A quorum was present.
Council Mcmbcn Hathaway, Sauodcn, Gulley , Bullock. Hahcni chL
Waggoner, Wiggins
Nooe
Abo pm,cnt: City Manager Fraocr
5. Minutes
City Attomey DeWitt
Assistant City Manager Reid
Assislaot City Manager Wedding-Scott
DcpUly City Clerk l!l1is
Di,dCIOr Mahl Community Dcvdopmcnt
Director Fonda Utilities
Director Slanley Safely Setvic:cs
Division Chief Lockwood Fire Operations
Director Esterly Public Works
Eosu-mg Manager KabJn Public Works and Chair of the
Non-Emergency Pension Boan!
(a) COUNCll, MEMBER BULLOCK MOVl:D, AND IT WAS SECONDED , TO
APPROVE THE MINUTES OF THE REGULAR MEETING OF APRU, 19, 1993,
Moti on carried.
Ayes : Council Members Bullock. Saunders. Hathaway, Habenicht ,
Waggoocr, Gulley, Wi ggi ns
Nays: None
6. Pre-,clKdulcd Visitors
(a) Payroll Technician. Roberta Skrivan. was honored .u the City of Englewood's Em plo yee
of the Month for May .
E ■&lewood Clly Cauc:U
M ■yJ, 1993
PalJ" l
(b) Ed Feist, Columbine Valley Council Member aod Denver Rtgiooal Council of
Go\'crnrncnts (DRCOG) l!xecutive Commituc member, p.-..tlllOd the DRCOG UlC8I Government
Innovation Award to Englcwooo's Public Woru Dcpenmcnt for Coopcrativc Service Delivery.
7. Non-,cbedul<d Visitors
(a) Henry Willioms, 4465 South Elati Street, questioned the Cily's intention regarding the
n:mo\'al of dead elms. Cily Manager Fraser cxplaincd the Cily is working on a program whereby the Ci ly
and propcny owners will work together to address the root of removing the dead trees . He stated the City
bas a budget that will provide mmc subsidy and llllf is working on I prderrcd ccntrnct with local vendors
providing tree rcmov.al services . Mr. Fraser pointed out the Cily is limited in what they can do if the trees
an: on pri,,.te propcny, unless they arc creating a b2ard.
Mr . Williams asked how long a vehicle can set on a propcrt)' before it has to be licensed. Panieulars of
his complaint were discussed .
(b) Dan Cook, 2133 Wes,. Wesley A,'Cnuc, objected to the time frame for the Planning and
Zoning Commission bearings on Caspian Way. His home is in the right-of-way for Caspian Way.
Discussion ensued. Director Merkel explained that the Commission "ill hold a Public Hearing on the
issue on June S, 1993 after which they will submit I rcconuncndation to Council as to whether Caspian
Way improvements should remain in the master street plan. It W'3S determined that the Council will strive
to hold a public hearing on .t,tly 5, 1993 .
(c) Richard Petau , a member of the Englev.ood Fire Dcpanmcn~ stated the members h:l\'c
co nsulted an attorney regarding the letl"I implications (complications) oftranstcrring the fuods from
engiewood's Yoluntocr Firefighters Pension Fund to Sheridan's VolUDl<Cr Firefightcr's Pension Fund .
(Clerk's Note : This refers to Agenda lier,, 10 (a)). Mr. Pctlli ~ that Council table the issue for two
weeks which would allow their attrmey time to prq,an, 1 written opinion . Mr. Petau agroed to provide
Council a copy of that opinion . Discussion ensued.
City Attorney DeWitt questioned how the Rtgular Pension Pw. has aoy affect on the Volunteer Pension
Pinn . Mr. Petau rcquCS1.ed that another mcmhcr oC the Fire Dcpanmcnt be allowed to respond .
(d) Michael Gruninger, 1 mcmbcr ol the Englewood Fire Dcpanmcnt , maintained that the
Pension Plan is not responsible to fund anything in the Cily oC Sheridan, and he could not. find where the
Pension Board ever ,1>1ed to send the Cily oC Sheridan $56,000. He also encouraged Council to table the
issue of the trnnsfer of funds pending receipt of the written O!)in 'on from their attorney, whi ch Mr.
Gruninger promised to provide to the Pension Board by the erul o! the week . LcngthJ discussion ensu ed .
Communications, Proclamations and A.ppointmcnu
(a) A proclamation da:laring the week of Mt.y 9 lhro"gh May 15, 1993 as Police Weck and
May 15, 1993 as Peace Officers Memorial Day..,.. considered.
COUNCIL MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO PROCLAIM THE
WEEK OF MAY9THROUGH MAY 15, 1993 ASi'OLICE WEJ:K AlfD MAY 15, 1993 AS
PEACE OFFICERS MEMORIAL DAY,
Motion carried.
Ayes : Council Members Bullock, Saunders, Hathaway, Habcnichl ,
Waggoner, Gulley, Wiggins
Nays : None
{b) A proclamation da:laring the week or May 16 • 22 . 1993 as National Public Works
Weck was conside red .
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E■&lewood City Coudl
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COUNCIL MEMIIEJI WAGGONER MOVED, AND IT WAS SltCONDED, TO PROCLAIM THE
WEEK or MA V 1, -11, 1993 AS NATIONAL PUBLIC WORKS WEEK.
Motion carried.
Ayes : Council Members Bullock, Sawldcrs, Hathaway, Habenich~
Waggoac:r, Gulley, Wiggins
Nays : None
9. Public Heariag
(a) COUNCIL MEMBER HATHAWAY MOVED, AND rr WAS SECONDED, TO
OPEN Till PUBLIC HE.ARING TO GATlll:R CITIZEN INPUT ON 11IE PROPOSED
CREATION Of A STORM WATER ENTERPRISE FUND.
Ayes: Coun.-;J Members Bullock, Saunders, Hathaway, Habenich~
Waggoaa-, Gulley, Wiggins
Nays: None
Motion carried and. tht public bearing opened.
Mayor Wiggins llalal that tht purpooe of tht public bearing is to amsider the proposed creation of a
Storm Wala Enterpri1c FUDd.
Bill Clayton, 958 Easl Comdl, objected to the..., of the torm "user foe" IS he feels the p,oposcd foe is an
illegal tax iDCRUe and DOI relolal to tht oervice being provided. Mr. Clayton expounded on his position
nnd urged Council DOI to = the utility or fund it with a tax inmase. He fell the issue should be
decided by the \'Olm.
Bob Cook, 4700 bloclt of South Bannock, felt 11'.o foe IUUCtun: is unfair and that it should lt least split up
on the front footage .
Council Member Bulloclc llalal when calculating the foe stalI ll1ClllplS to balance the administrative oost,
and that this proposal is a result of a fcderal JlllDdatc. DiJCUSSioo ensued regarding the usc of aerial
photos to dclcnnine front footage .
Council Member Habenicht explained that the fla1 nlc is only for residences and that the larger
co mmercial properties rate would be based on the impervious part of the land.
Council Member Waggoner questioned if the ISIICSSIDCIII had been based on the average residential area
and the pertenl of imperviousness. City Manager Frucr explained that because of the cxtromc differences
among commercial properties staff feels this method of assessing is justified ; however, in the case of
residential propctlics, given the cost and their size, sWf feels that the time and effort na:cssary 10 make
those caiculatioos is DOI warranted. Mr. Frucr poinlcd out that 80VCral optioos have been explored.
including the usc of aerial photo<.
City Manger Fraser, in response to Council Member Habcnich~ confirmed there ;.'OU!d be more dollars
generated by the commercial property.
Gary Dounay , #IS South Elali , commented on bis background. advising that he is employed by Morrison
Knudsen Corporation, an international gincaing and consulting firm. He staled it is his job to consult
on all the projecu and make sure they arc in compliance with .U stale and fcdcnil regulations ; in addition ,
he has al111051 20 years of cxpcricna: · ualing eovironrnc..lal regulations and identifying their
ux:hnicai nature . Mr. Doonay objected w the creation oflho. fund IS all current federal regulatioos that
come under the Clean Water Act apply lo thosc cities which have a population of 100,000; those
regulatioos will DOI become final for at least n,,, years; the Swc has oo regulations at th, present time :
and only industrial facilities will -1 to be monitored. He maintained the ordinance, IS ii oow stands . is
vague and perhapo arbitruy and capricious. He cxpn:sscd cooa:rn that this ordinance is a way of
ci rcumvtnting Amendment I. Mr . Dounay also suggested the residential community, churches and
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May 3, 1993
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business communlly should ■al h l pul in Ille position a( Wlbllditlng lbe COIU usoclalal v.ith • \'Ot)I small
scgmcnl or the industrial comaatily.
Director Fonda responded to lhc concems oCMr. C1l)1oo. Mr. Cook and Mr. Dounay. He provided proof
or notice or public hearing which was published in lhc Englewood ll<rald on April 8, 1993 . Mr. Fond.,
no led tha1 many other cities have passed this lypC or ordinance and lhc majorily or the recs are th-. 1jmcs
1hc rec p~ by lhc Ciiy or Englewood, lhc reason bcill8 those cities are actually using the fee to
construct their storm sewer,;. Englewood, over a period or time with money allocalcd Crom sales tax
m ·cnuc, C\'alualed and built a ,-.ry good storm water system. The City's storm waler system bas
performed ,-.ry well, altbougll ii ii ckloo IO Ille a,e wllcrc it v.i11 ncod to be n:vicwcd. Only one s DnD
sc \\-.r bas failed, and it ii in the Scenic V-1R1 and -fund<d by Urban Dlllnagc. Mr. Fooil.
c.,pirfocd the imponance a( cvalualing ud llllinlaiDlng the pipcl, b if a pipe collapocd ii would
p•, ,,ably COSl sevcm millioa dollar1, u oppcad IO repair COIU or IC\'Onl hundred thousand dolws. He
stressed tha1 the Ci1y v.i1l be doins maintallucc. capital ilcma, ming to stay ahead or changes and
rcquiremcnlS in the National Pollution DiJcharge Elimination Sywtcm (NPDES) and paying back. °''" a
period oflwo years, monies lha1 ha,-. been cxpcndod from the_.., fund. Mr. Fonda explained that the
nsscssmcnl for each business IS based 011 the actual square foot or impcnious area . Staff used the new
Geographic Information Syswn (GIS) and dctenniDcd lhc impc,viousncss area for every lot in the Ciiy.
A.s n:sidcnccs fall witb in a very close range, ii docs not seem administratively pnident to break out each
n:sidcncc. Th,: businesses ha>-. quite a spread tnd for that reason the asscssmcnt b based on exact square
footage. Jlcgarding lhc fc:daaI and SUIIC rcguilliclm. he agreed with Mr. Dounay that they an
subsl2111i 'ly up in the air. Ho IWal the Cily b trying to stay aiad or them and .iicd a report that b
required OJ O cities with a popilation a( 100,000 or ,_._ Ho noted it b qucstionable whether cities or less
than 100,000 must file this rq,ort. but staff C011tcnds the regulation can be read lo say that Englewood will
need to file it eventually, and many small cities filed the Part One application to protea thcmsd,-.s Crom
third party citiz.en lawsuits. Swril oCthe opinion the Ciiy will be required, at a minimum, to condu<t dry
\\-.alher monitoring to dctcrminc ilS backgn,und lcvcls. He advised that or the budgeted $120,000,
$13,000 is carmarlted lo do the NPDES work to enable the Cily to accw,itely estimate what our liability
will be when the federal and state mandalcs ue promulgated. Mr. Fooda pointed out that this budget only
takes can: or that level or effort for NPDES and for engincerill8 review of the entire storm ,.,...., sySlem.
He objected to the suggestion lhal this was a backdoor approach to Amendment I, u the Ci!y was
planning this ctTon long before Amcndmcnl I was enacted. Mr. Fonda also explained that when the
system originally,..,, built funding ror long tam mainlmancc was not included.
Co uncil Member Habenicht asked if Amendment I prG\idcs for exceptions in the case or fodcral
mandates. Ciiy Attorney DeWitt ad\'iJcd lhc Amendment bu nc impact on the ability or the fodcral
government to impose rcguiatioos, only at the llale lcvcl.
Council Member Bullock as1t.cd if the fund b dedicated, and he questioned if the Cily should not wail un til
1bc promulgation or the regulations in 1..-0 yean. Mr. Fonda advioed the fund ii dcdicalcd and can only be
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used for storm waler purposes: Mr. Fonda maintained thal csscn1ially we arc waiting. He explained 1ha1 I
ibis proposed ordinance addtcsscs only a small portion of the anllcipa1cd rcgi~ations : ,. .. arc holdmg back
on major concerns, ic. moniaoriog stat.iocs. but we -..iU participalc in the inexpensive d,y weather
sam pling which ,.;11 be required.
Ciiy Auomcy DeWilt noted the Ciiy reviews the propcaxl regulations u they come ou1 in order to malce
sure the ci!y bu an impact oa those rcgulatiom . The Ciiy consultJ with engineers as they monitor the
impact or the propoocd rcgu1atiom and lhosc expena arc bcins incurred at this time. Mr. DeWiu
poinled out that there is I aurcnt obligation to maintain the pnscnl infrastnlCIUrc . He poinlcd OUI that
Ibis propoocd ordinance also funds that activil)', and Ibis ii not solely an environmcnlal compliana: lypc
of issue . Discussion ensued.
Director ronda. in response to Council member Waggoner, advised thal staff has perused other ciiy
ordinances, ho\\'C\cr, the propoocd ordinance was basically customi ,.cd to the Cily or Englewood's needs.
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lllpewood City Caadl
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Council Member Waggoner qucgloncd the poaibility, a, Mr. Dounay has suggested. that the proposed
ordinance is so ._ tbal it could indudo u:b tbiDp u Pitt.et neeping. Mr. Fonda rd'ukd that
conlentlot. City Aaomey DeWia explalnod tbal Ibo City bu an obliplion to cSc.dop an lCCUllle fee a»i
thal ii be cSc.dopcd using coou that ""' exclusively oricnled Iowan! the acrvice provided.
Council Member Bulloct, addn:aing the argwnall that this is a way of ciraunvcnting Ameadmcot I,
questioned MW we bavc been fuDdillg our i~ in the pul, from what fund, and why is that
insufficient to aJotiDuc rw.ding it in the future. Mr. Fonda explalnod that sales laX r=ue for a period of
1imc from Cindadla City when it lint opened. wu clalic:al<d to bullcling the stonn water sewer system .
C uncil Member Saunders questioned if then: has been some oogoing inspection of the storm waler
scwe1t for tile past few yean 10 dctcnninc the cooditioo lllal Ibey arc in at !his time. Mr. Fonda stated ho
did not believe so .
Bill SchalTcr, 4438 South Elati, stated he had noticed oo bu property taxes that he was being billed for an
Urban Drainage and Soulh Saniialioo District No. I. lie assumed Ibey wcro related to storm sewer,. Mr.
Scbalfcr agreed "itb Mr. Dounay and asked that Council take the issue to a \'Ille of the pooplc.
Cily Manager Fraser explained the mill lc\,y clwp. bridly and DDl<d Ibey do DOI relate to IIOml ,,.....,,
He roi1ern1cd that the proposed ordinance is oriented toward assessing whal we have today and making
sure that we have a system that worb and allow the City to p,oporc for compliance with rqulations as
Ibey an, promulgated. Discussion ensued rqpuding the -fee . Mr. SchalTcr restated bis
posi tion .
Bal> Cook rtturncd to the podium and stated that be disqrccd with Mr. Fonda's contention that a 100-foot
propcny with JOO feet ofpa,'Cd SIRCI in froot would DOI contnbutc more runoff than a 50-foot property
,.;th 50 feel of improYcd strnCI.
Thero being no one rue p,-.it to speak to the iSRIC, Mayor Wigginl asked for a motion to close the
public hearing.
COUNCn. MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO CLOSE THE
PUBLIC HEARING. '
Ayes : Cotmcil Mcmbcn Bullock. Saunder,, Hathaway, Habcnich~
Waggoner, Gulley, Wiggins
Nays : Nooe
Motion carried and the pl!blic hearing closed.
(b) Dir<ctor Fonda pr<Sellled a RCOIIUIIClldatio from the Utilities Department to adopt a
bill for an ordinance creating a Storm Water Entcrprilc FWld.
COUNCil, MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE ON
SECOND RJ:AIIING AGENDA ITEM II (I,) AS FOLLOWS:
ORDINANCE NO. 20, SERIES OF 1993 (COUNCll. Bll.L NO. 13, IN11lODUCED BY COUNCIL
MEMBER BULLOCK). Etmn.ED:
AN ORDINANCE CREATING A STORM WATER ENTERPRISE FUND FOR THE CITY OF
ENGLEWOOD , COLORADO . THE PURPOSE OF nns ORDINANCE JS TO PROTECT THE
PUBLIC HEAL1ll, SAFETY AND WELFARE AND TO COMPLY WITH ALL APPLICABLE
FEDERAL AND STA TE LAWS WlflCH REGULATE THE DISCHARGE OF STORM WATER l1'ITO
THE WATERS OF THE UNITTD STATES OR WATERS OF THE STATE OF COLORADO BY
REQUIRING THAT PROPERTY OWNERS IN THE CITY PAY FOR A SHARE OF THE COST OF
THE FACll.lTIES AND PROGRAMS NECESSARY TO MANAGE STORM WATER RUN-OFF, BY
CREA TING IN TI1LE 12 , A NEW CHAl'TER 5 • STORM WATER FEES .
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Council Membc, Bulloc:lt poinled GUI thal this pr-1 ii DOI cnlirdy .,_. on tho fcdcral mandalc, it is
al., to mninllin our inf'ntlUuclwe. He swcd tho ugwnc:all cxprcad this CYCDing ~ well taken,
however, he woul,J ,uppon this ordinancc.
Council Member HalJenicht reminded Council I.bat tho City docs not have lD ioveotDry of tho swus of the
storm water S)'IICm. Sbc applauded Diroclor Fonda for bis forward lhi1'kin& and IWed she bc1icve, the
proposal ii wcll-intClllioocd. Howe=, Ml. llllbcnicht explaiocd lbc IIJongly feels that this ii a geocral
fund i,suc and colllO(JUCDOy should gc to a vote o(tbc people. Sbc swcd Ille would DOI vote in favor of
~d~ .
Vote rcsulll OD Qnlinancc No. 20 :
Ayes : Council Mcml>crs Bullock, Saunder,, Waggoner, Gulley, Wiggins
Na ys: Council Mcmbctl Hathaway, Habenicht
Mot ion carried.
10. Approval oa Suoad Rudl•C
Council Member Gulley pulled Agenda Item JO (a) from the CollSClll Agenda.
COUNCIL i\lEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE ON
SECOND READING AGEND~\ ITEMS 10 ~)AND(<) AS FOLLOWS:
(b) ORDINANCE t/O . 21 , SERIES OF 1993 (COUNCIL BllL NO. 18, INTRODUCED
BY COUNCIL MEMBER WAG'JONER), mTIU!D:
AN ORDINANCE CREATING SPECIAL IMPROVEMENT DIS1RJCT NO. 37, IN THE CITY OF
ENGLEWOOD, COLORADO; ORDERING TilE CONSTRUCTION AND INSTALLATION OF
STREET PA VINO, CURB, GlTITER, SIDEWALK, AND STORM DRAINAGE IMPROVEMENTS ,
TOGETIIER WITH NECESSARY INCJDEJ,ITALS; AND SETTING FORlll OTilER DETAILS IN
CONNECTION WITH TilE DISTRICT .
(c) ORDINANCE NO. 22, SERIES OF 1993 (COUNCIL BILL NO. 19, INTRODUCED
BY COUNCIL MEMBER HABENJO!l), EN'JTJ'LED:
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AN ORDINANCE AUlllORIZ!NG TilE ISSUANCE AND SALE OF NOT TO EXCEED $3 ,850 ,000
CITY OF ENGLEWOOD , COLORADO INDUSTRIAL DEVELOPMEJ,IT REVENUE BONDS
(SAFEWAY INC. PROJECI) SERIES l993 TO CURREITTREFUND ON AUGUST I, 1993, CITY OF
EN GLEWOOD, COLORADO'S OUTSTANDING $4,500,000 INDUSTRIAL DEVELOPMEJ,IT
RE VE NUE BONDS (SAFEWAY STORES , INCORPORATED PROJECI) SERIES 1983; RATIFYING
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CERTAIN ACTIONS HERETOFORE TAKEN ; AUlllORIZING TilE EXECUTION AN!) DELlVERY I
BY CITY OF ENGLEWOOD, COLORADO OF A LOAN AGRl!EMEITT, BOND INDENTIJRE OF
TRUST , TAX REGULATORY AGREEMEJ,IT, PAYING AGEJ,IT AG,ci:EMENT, REMARKI:i1NG
AGREEMEITT, BOND PURCHASE AGREEMEJ,IT, SAID BONDS AND CLOSING DOCUMEITTS IN
CONNECTION THEREW1TH; MAKING CERTAIN FINDINGS NECESSARY TO ADOPT nns
ORDINANCE; AND REPEALING ACTION HERETOFORE TAKEN CONFLICT HEREW1TH .
Motion carried .
Ayes : Council Mcmbcrs Bullock, SaWldcn, Hathaway, Habcnich~
Waggoner, Gulley, Wip,gins
Nays : Nooe
(a) COUNCIL MEMBER GULLEY MOVED, AND rr WAS SECONDED, TO
TABLE AGENDA ITEM 10 (a)· COUNCIL BILL NO. 17.1 TO THE NEXT REGULAR
COUNCIL MEETING MAY 17, 1993.
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Mayl, 1993 , ... ,
COUNCll. BILL NO. 17.l, INTRODUCED BY COUNCll. MEMBl!R GULLl!Y
AN ORDINANCE AtJlHORlZING 1llE TRANSFER OF FUNDS FROM 1llE CITY OF
ENGLEWOOD VOLUNTEER FIREMEN'S PENSION FUND TO 1llE CITY OF SHERIDAN
VOLI.Ml'El!R FIREMEN'!' PENSION FUND.
Ayes : Council Members Bullock, Saunders, Hathaway, Habcnich~
Waggoner, Gulley
Nays : Mayor Wiggins
Motion carried. Council Bill No. 17.2 is tabled to May 17, 1993.
11 . Onllnanc.., Raollltiou and Modou
(a) Diroctor Fooda presented a rocommcndation fn>m the Utilities Dcpanmcnl to adopt a
bill for an ordinance cstablishing user fees for the Storm Water Enterprise Fund . He explained that Ibis
council bill recommends a Dal rate charge ol $6.80 per year to be bilkd quarterly wilh the water and
SC\IU billings . All other classes of customers, besides residential , would be billed al lhc rate of .00226
dollan per oquarc foal of impervious a,ea wilhin their property boundaries.
The Deputy City Clerk was asked lo read Council Bill No. 20 , entillcd :
COIJNCll. Bll.L NO . 20 , INTRODUCED BY COUNCll. MEMBER BULLOCK
A BILL FOR AN ORDINANCE ESTABLISHING USER FEES FOP. TTl1.E 12, CHAPTER 5. OF THE
ENGLEWOOD MUNICIPAL CODE 1985 KNOWN AS STORM WATER UTILITY.
COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM NO. 11 (a)-COUNCll. BILL NO. 20.
Motion carried.
Ayes : Council Mcmbcn Bullock, Saunders, Habcnich~ Waggoner, Gulley,
Wiggins
Nays : Council Member Hathaway
(b) Diroctor Stanley and Division Chief Lockwood prcsculal a rocommcndation fn>m the
Department of Safety Services 10 adopt a rosolution aulhori?jng an cxpcrimcnlal program appointing fiv e
Safely Services Fin, Division administrative positions outside lhc clusified ICJviccs of the Ca=r Service
System. Mr. Lockwood advi...s that due to ffiCCl1I reductions cxpcricna:d in the Fin: Oivision ii has
become ncccssary to lower lhc stalling al lhc supprcs:sion leYd and morpnizc al the administrative level.
Slalf oonsiden:d Ibis propoal to be a viable allcroalive in onlor lo cn:atc oomc mobility within the
organization and establish a pay salary for lhosc positions commensurate "ilh n:spoosibility wilhoul
,iolating the Englewood Firefighters Association oo nlraet. The rca:n1 n:signation of two batlalion chiers
and one fin: fighter has made it ncccssary 10 adjust staffing lo acoornmodale those vacancies.
Lengthy discussion ensued rcganling lhc stability ol the service level , establishment of pay ranges.
co mpariJons bctwocn posilioas within the Police and Fin: Divisions, lhc fact lhat employees appointed 10
these positions would oot forfeit lhcir IIWUS as classified employees wilhin the Ca=r Service System and
lhe intention to operate lhe cxpcrimcnlal program for up to two yean. Diroctor Stanley amfirmcd, i[
staff determines Ibey \IOOld like to continue lhc program pcrmanenlly, the n,qucst would be submitted to
the Can,cr Scrvia: Board and Council \IOOld later receive lhc n:commendatioo in tlie form of an
ordinance.
The rosolulion was as.signed a number aod read by title;
RESOLlfTION NO. 42, SERIES OF I 993
lllclewoOd City Caucll
M17J, 1993
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A RESOLtmON FOR lllB ESTAIIUSHMl!NT OF AN BXPl!RIMl!NTAL PROGRAM WHICH
APPOINJ'S FIVE DEPAR'TMENJ' OF SAFETY SERVICES FIRE ADMINISTI\ATIVB POSmONS
OlITSIDE TilE CLASSIFIED SERVICE Of TilE CARl!Ell SERVICE SYSTI!M.
COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVF. AGENDA
ITEM 11 (b) • RESOLUTION NO. 41.
COUNCIL MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO AMEND
RESOLUTION NO. 42 IJY ADDING A SECTION 1. r. AUTHORIZING TUE EXPERIMENTAL
PROGRAM FOR UP TO A TWO YEAR PERIOD.
Motion carried.
Ayes : Council Manben Bullock, Saunders, Hathaway, Habcnich~
Waggoaor, GulJey, Wigiu
Nays : None
Vote rosulis on motion to approve RtlOlulioo No : as IIDClldod:
Motion carried.
Ayes : Council Meml> . BaUoclt, Saundm, Hathaway, Habcnicb~
Waggoocr, Guh..-y, Wigiu
Nays : None
(c) Diloctor Eaaty pRKDlal • r--.-adalioo from thc Department of Poolic Works to
3"·,it a bill for an ordinana: appn,oliag ID IDlcrpamncntal AgRGDent to provide \'Chicle maiDtcnancc
scn1tCS for the Ci1y of Sheridan :hrougb u., EngJewood Sctvicenler r aragc facilil)'. He Doted Council
bas .cxp,OISCd a desire to~ Cllablillug_'oinl IOMCC......, .-s with IUmJWlding communitica and
agencies. Negotiations \>ith thc Cil)' of Sbcrici1D bcpn in 1992 and ID offer was made to Sheridan to
shan: thc facilitica and services provided by the .l!.aglewood Scrw:lcalor. The agn,c:menl under
consideration coven vehicle maintcnana: only. Dilcu!sions with thc Cil)' of Sheridan have rosultcd in an
undcnlanding that each City is interested in c:oopcnlM: vehicle mainlcoancc on a trial basis. Sheridan
plans to continue basic mainlcnancc on their vcbiclcs. More complicalcd services and rcpain are
accomp lished by their stair of automoti,-e 1eebniciam. A rate of compensation of $28.0il per hour for
labor and a pans cost of io\-oio: plus 20% bas bcn ,qotialcd.
Council Mcrobcr Hatha•;ay questioned thc cost plm 20% m thc vendors cost for parts; she asked if this
might be consuued as constituting a prolil City Allamcy DeWitt lllled the concq,t ofprofil docs oat
enter into the issue. thal it ~-• ocpanuc coatr.lClual iauc. City Manager Fnscr advised thal it is standard
r,roccdurc to ~ thc cost MaJcialcd with bandliDg IIIIICrials and supplies and the negotiated amoont of
20% is an average cost.
Discussion ensued .
Director Esterly, in respomc IO Council Member Habenicht, explained that the figures provide d in the
swT analy sis in the COUDCil Communication rcpnling direct salary, salary bcocfilS, operating materials.
building operations and maialcnance, and adminisuativc overhead are based on the City's history for the
pn.'Vicus year and the number of bours the m<ehanics 1'0dced on the Englewood vehicles.
Council Member Habcnichl asked if there MS lll)'tbing in the contract or ordinance that addresses the
liabilil)' issue. Dil<Ctor Esterly stated it ;. not a specific line item, but there;. a "generic" admini<trativc
overhead cost of $3.00 per hour which is tied inlO CIRSA. He maintained the Cil)' is at a slight risk for
maintenance work, but contended it is oat a high risk operation . Lengthy discussion ensued regarding the
liability issue .
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lll&l<wood C1tJ Coudl
MayJ,19'3
Pqe9
Council Member G,~lcy n,questc:d a roport in six months ddailing how much time is lldually spcnl on
City of Sheridan vehicles, whclhcr it fill iDIO a regular working ocbedule, or wbether ii ClllSCI overtime,
and any related financial mailers.
Council Member Waggoner expressed cooccru thal the hourly 1'810 docs not include colllideration for
building COSIS, return on investment or capital equipment COIII 1h11 go into the Scrvicenler. He conlendcd
that ii is appropriate 10 factor !hose costs into the hourly ralC . Mr. Waggoner advised thal if lhc hourly
rate remains a! $28 .00 he would be voling against the conlnct. Director Eslerly maintained the position
thal ii is DOI app"'!'riate, at least in the lint year working with lriaJ figures, to saddle Sheridan with our
capilal oquipmcnl replacement costs. Mr. Waggoner explaincd be is rcfcnin& lo the building costs. Mr.
Esterly also confirmed relul11 on il1VCIIIIICIII is not reOcctcd in the costs. Lengthy discussion ensued .
Council Member Habenicht expressed concern 1h11 Ibis might be something that could appropriately be
consi dered for privatii.ation .
The Deputy City Clcrl< was asked to read Council Bill No. 27, cnti~ed:
COUNCIL BIIL NO. 27, INl1lODUCED BY COUNCIL MEMBER HATHAWAY
A BIIL FOR AN ORDINANCE APPROVING AN INll!ROOVERNMENI'AL CONTRACT BETWEEN
TilE CITY OF ENGLEWCXlD, C0L0RA00 AND TIIE CITY OF SHERIDAN, COLORADO FOR
SHERIDAN'S VEHICLF. MAINTENANCE.
COUNCll. MEMBER HATHAWAY MOVED,AND IT WAS SECONDED , TO APPROVE
AGENDA ITEMS II (c) -COUNCll. Bil.L NO. 27,
Council Member Bullock staled ii is his position thal the City needs 10 establish a working rel r:•onship
\\i lh the City of Sheridan and modify the agreement as needed. He pointed oul Englewood bar nc option
to cancel the agrecmcnl if ii docs DOI WOii< ouL
Council Member Habcnichl agreed, bowovcr, she rcilerated her concerns regarding the privatization issue .
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SICOw.>ED, TO AMEND
COUNCIL BILL NO. 27 TO ADD IN SECTION IA OF THI RESOLUTION AND PAGE I
PARAGRAPH I OF THE CONTRACT, THE WORDS "HANDLING FIE" AFTER (20%).
Council Member Hathaway explained she feels this amcotlmenl is nocessary as the 20'/, is perceived as
profit
Motion carried.
Ayes : Council Members Bullock, Saunders, Hathaw:iy, Habcnichl,
Waggoner, Gulley
Nays : Mayor Wiggins
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AMEND
COUNCll. BILL N0. 27 IN SECTION IA OF mE RESOLUTION AND PAGE I PARAGRAPH I
O F mE CONTRACT, TO INCREASE THE RATE OF S28.00 PER HOUR TO THE RATE OF
S35 .00 PER HOUR, THE RATE USED IN THE PRIVATIZATION STUDY DONE AT THE
GARAGE SEVERAL MONTHS AGO.
City Manager Fraser stated that Englewood was approached by the City of Sheridan almost 1hrcc years
ago aboul th.e difficulty they were cxpcriencin;, .,.:tting the pri vate SOC1or 10 adequately address their
vehicle mainlenance needs . Mr . Fraser 111ggcalal Council proceed with the hourly rate ofS21,.00 with tl1 e
understanding 1h11 this is an experiment !Ind the costs car, be rencr,01ia1ed if Council decides this cv,1 ld be
a feasible long-1enn relationship.
lqkwood Clcy Caall
May 3, 1993
Pae: 10
Voce n:sults OD Council Member Wagoaer'a amcndment mallon :
Ayes :
Nays :
Motion defeated.
Council Mcmhcr Waggoner
Council Mcmbcn Bullock, Saundcn, Hathaway , Habcoich~
Gulley, Wlgina
Vote n:sults on Council Bill No. 27 aa amcnd<d :
Motion carried.
Ayes : Council Memben Bullock, Saunders, Hathaway, Habcoicb~
Gulley, Wiggina
Nays: Council Member \I .f.,,,...,
(d) Chairman of the Noo-Emcrgency Pcmioo Board Kahm pn:scntcd a nx:ommcndatioo
from Englewood's Noo-Eme,gency Pension Boan! to adopt a bill for an ordinance approving 1 &.-.
pcrcau inc:rcasc in IIIOlllhly baldlt IIIIOUDII paid to thooc pcosioocn and bcndiciarics who were
n:cciving payments prior ID JIIIUII)' I, 1993 . This iDCTCUC-.Id be cffecti\-. July 1993. The indi\idual
illCRUC for crnplO)..,.. would rlDF botMcn S2 .00 and S96.00 per 1110111h depending on their particular
status. The average incnaoe for approxlmalcly 80 retirees and bcodiciarics "-ould be S20.00 a month.
The 51/, inc:rcasc would bunlco the plan by approximaldy $1 ,500 a moath or S18,000 a year. Mr. Kahm
noted that prior to mal.:ing this rccommcndation to Cowx:il, the Boan! C\'ahwcd the status of Uic plan and
conc luded that the pr-..c 1111fundod liability Ii ia thc ~-ofS155,000. Without this
increase thc unfunded liability -.Id be addrcslcd in~ 1997. With this Increase the
unfunded liability would be addressed "'thin ten years, .. IICCICpllble time pcrioo per actuarial
con,uitants.
The Deputy City Cler'< was asked to read Council Bill No . 26, entiUed :
COUNCll. Bill. NO. 26 , il'm\ODUCED BY COUNCll. MEMBER HABENICIIT
A BILL FOR AN OR!irNANCE AMENDrNG 111LE 3, OIAPTER 6, SE<:nON 7, SUBSECTION 7,
OF rnE ENGLEWOOD MUNICIPAL CODE 19&5, ENTJ11.ED rNCREASED BENEFITS FOR
RETIRED MEMBERS AND BENEFICIAIUES.
COUNCIL MEMBER hAIIENICHT MOVJ:D, AND IT WAS SECOND.ED, TO APPROVE
AGENDA ITEM 11 (d) • COUNCU. BILL NO. 26.
Motic, carried .
Ayes : Council Members Bullock, Saunders, Hathaway, Habcoichl ,
Waggoner, Gulley, Wiggins
Nays : None
12. ~n,ral DilClluion
!•~ Mayor's Ct.oioc
I . Mayo, Wiggins advillXI be rueivcd a letter from the City of Littleton Mayor Susan Thornton
asking for endorsement of her candidacy to the Colorado Municipal League Board of Din:c:tors a; a
rq,r.scotatlvc or cities ,-;th a population of at least 6,500 but less than 65 ,000. Council requested staff 10
draft a resolution ror consideration at the May 17, 1993 City Council Meeting.
2. Mayor Wiggins suggested Council nominate thc Honccar Restoration Commiucc for the Citiun
ofU.e Year award . Council Member Habenicht agreed llaling it is an excellent idea and a wonderful
~~turc of appreciation. Council concum:d and directed staff lo draft a resolution .
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Ea ..... ood City c...dl
May 3, 19,3
Pace 11
(b) Council Manbc:(1 Choice
(i) Council Men: Waggoner questioned the status of the Waste Transfer
Sun:harge. Cily Auomey DeWitt advised that an ordinance is being drafted which will deal with the
issue.
(ii) Counci l Member Habenicht
I. For the n:cord, Ml. Habenicht c:xplaillcd lbe bad voled in favor of the uscr fees for the Slonn
Wale r EnlerpriJc Fund even though lbe oppoocd the CSlablisbmenl of the fund iuelf. Sbe-ncd the
fee suucture as being equitable.
2. She nx;ucsted a brief update on "cedar mountain" and Cinderella City.
J. She n:qucsted an update on the decision rendered by U.S. District Coun Judge MalSCb n:gardin g
the Santa Fe Adult Book and Video Store.
City Allomey DeWitt provided a synopsu of Judge Malscb's opinion and staled there are several options
which be would like IO diacuss •ith Council in 1111 Executive Session. 1
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City Attorney DeWi tt discussed the status of "cedar mountain" a.,-t, ,ldviscd of specifics of the conlr.lct
between American Excelsior and Universal Entec. Mr. DeWitt .:,,J.l<i he would like 10 discuss some of th e
lcgol issues involving this situation in 1111 ~ Seaioa .
4. Ms. Habenicbl qucstioocd wbctber stalfbas addrmcd the conc:etm regardin g squirrels tnd BB
guns. City Manager Fraser stated staff continues 10 work with the neighbors in an attempt to ....,h,e u.c
conflict. Di scussio n cnsuc.d.
13 . City Man■&<r'1 CIKMe
(a) Mr. Fraser provided an updale of Cindcn:Ua City
(b) Mr. Fraser S1ll1cd be wouJd be ancnding the International Confereocc of Shopping
Centers (ICSC) in Las Vegas, where be will attend a IOrirs of meetings with prospective devciopcrs and
Equitable .
(c) Mr . Fraser ad\iscd be has contacted Roger Koltay regarding the Federal Fire Station
and Mr . Kollay indicated he "ill be opening a second glass operation al thal location .
(d) Mr. Fraser stated thal he would like 10 discuss "1th Council the possibility of acquiring a
number of properties in the City of Englewood. He n:qucstcd Council schedule an Executive Session 10
discuss the possibilities and determine wbcq,er staff should or should not negotiate for the propc:ties .
COUNCIL MEMBER GULLEY MOVED, AND IT WAS SECONDED, TO GO INTO
EXECUTIVE SESSION DUlllNG CITY COUNCIL STUDY SESSION MAY 10, 1993 TO
DISCUSS fflE NOTCH CASE (SANTA FE ADIJL T BOOKS AND VIDEOS), CEDAR
MOUNTAIN, AND NEGOTIATL'iG FOR PURCHASE OF A NUM BER OF PROl-fRTIES IN
THE CITY OF ENGLEWOOD.
Ayes : Council Members Bullock, Saunders. Hatha"~Y . Habonicht .
Waggoner. Gulley. Wi ggins
Nays : None
Motion carried.
!■&lewood City CCN&a< II
M■yJ, 1993
Pall" 11
(c) Mr . Fraser Sl8led llall'bu been talking with citi:zcns aboul the Outreach Program and
they arc considering preparing a video. He eOCOUJ11gcd Council to attend a facilitation training session on
Mny 12, 1993 with Carol O'Dowd.
14 . City Attorney', Clloltt
(a) Mr. DeWitt rcquc:&ICd Council grant authority to defend the Cily of EnglC\VOOd in the
Ce ntennial Water and Sanitation District lawsuit.
COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO AUTHORIZE THE
CITY ATTORNEY TO DEFEND TR! CITY OF ENGLEWOOD IN THIS MAITER.
Molion carried .
Ayes : Council Members Bullock, Saunders, Hathaway, Habcnich~
Waggoner, Gulley, Wiggins
Nays : Nono
1b) Mr. DeW itt discussed the status of the house under coosuuction at 3300 So. Downing
Street and noted there arc no specific code violations on the site . Discussion ensued .
(c) Mr. DeWitt handed ou, information from CML regarding a pl'Ol,..scd constitutional
amendment.
(d) Mr. DeWitt admcd that Tony Cisneros, 4747 South Windcrmerr ; has been charged
"ilh ,ioiating the City Code as he has pursued activities similar to that of "cedar mountain."
(c) Mr. DeWitt mentioood that Council will be rccei,ing information on various pension
issues . Discussion ensued.
(f) Mr. DeWitt stated he has received a letter from Mike Gruninge~s attorney and the
attorney seemed to generally agree with the Cily Attorney's opinion.
(g) Mr. DeWitt advised Council of a complaint from Mr. Frye regarding his son in which he
would like the City to obtain a disntissal of charges . Mr. DeWitt explained thal he has no authorily to
di smiss this case because there arc pending charges . Cily Manager Fraser staled that an internal affairs
in\'cstigation is pending based on Mr. Frye's allegations of inappropriate use of force against his son .
(h) Mr. DeWitt ad\iscd that the rumor going around thal Denver and Waste Managemenl
have sc~ied is unconfirmed but appears forth coming.
15 . Adjournment
MAYOR WIGGINS MOVED TO ADJOURN . The meeting adjourned at 9:56 p.m.
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