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Home My WebLink About1992-01-20 (Regular) Meeting MinutesI I ENGLEWOOD CITY COUNCIL EN6LEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session January 20, 1992 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Wiggins at 7:37 p .m. 2 . Invocation The invocation was given by Council Member Bullock. 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wiggins. 4. Roll Call Present : Absent : A quorum was present. Also present: 5 . 111nutes Council Members Hathaway, Van Dyke, Gulley, Bullock, Habenicht, Waggoner, Wiggins None City Manager Fraser City Attorney DeWitt City Manager Fraser Deputy City Clerk Ellis Malley Center Rec. Service Manager Mickelson Neighborhood Services Adm i nistr ator Stitt Housing Finance Specialis t Gr immett (a) COUNCIL IIEIIIIER HATHAWAY IIOVED, AND IT WAS SECONDED, TO APPROVE THE IIINUTES OF THE REGULAR IIEETING OF JANUARY 6, 1992. Ayes: Council Members Bul l ock, Van Dyke, Hath awa y, Habenicht, Waggoner, Gu l ley , Wig gi ns Nays: None Moti on carr i ed. 6 . Pre-scheduled Visitors (a) Kathleen Duncan, 616 Simon Center, felt the propos ed contract with volcr.d her concerns with the ACTS program and pointed out the advantages to Ar a1 ,a hoo Cou nty Transportation Serv i ces, to provide transportation for Engle -I woou's handicapped and elderly residents, would not meet the ir needs . She r tl l pa nts I n the taxi c oupon program. Ms . Du nc an subm i t ted a l is t o f sig- n ur os of persons that opposed the ACTS program . Co un c il Member Bullock. asked how quickly the t alC1 program could be re- im plemented . Halley Center Recreation Service Manager Mickel son stated the program could be r e-I mplemented upon Council's request . Co uncil Member Gulley questioned the feasibility of offering both programs . n s . Mickelson stated the program could be implemented at Council 's d i scretion . She pointed out one consideration might be budget constraints . Council Member Hathaway noted that the taxi coupon program has income limita- tions, and a mixed use between the taxi coupon program and ACTS would allow other seniors access to transportation assistance. Council Member Van Dyke asked about financial comparisons between the two programs. City Manager Fraser stated they anticipated the taxi coupon program to co s t 525,000 this year and the ACTS program Sl2,000. COUNCIL "ENIEJl VAN DYKE MOVED, AND lT WAS SECOHDED, TO EXTEND THE TAXI COUPON PROGRMI FOR A THREE NONTH INTERIN UNTIL THE ISSUE IS RESOLVED. Council Member Hathaway suggested aJ1ending the mot ion to inc l ude co nti nuin g the ACTS program dur i ng the three mon th period in order to see how the im- plementation works . Co uncil Member Yan Dyke agreed to this as a "fr iendl y amendment.'' The motion was ame nded to read as follow s: TO EXTEND THE TAXI COUPON PR06RNI AHO THE ARAPAHOE COUNTY TRANSPORTATION SYS- TEM PROGRAM FOR A THREE MONTH INTERIN IN ORDER TO EVALUATE BOTH SYSTEMS . Co un ci l Member Hab e ni ch t asked about t he co s t of runhing both progra s si mul- t aneously. 11s. Mickelson s tated i t wou ld cost app 1·oxim a t e l y S2 ,500 a onth to I reen act th e l alC i coupon program; i f the ACT S program we re to be full i ,pl e - ,en ted , it would co s t 53 ,000 for th e first quarter. She no ted he ACTS pro- g .. am wo uld ha ve l o be mod i fle d to acconmod a te tho se usi ng t he t a xi cou ro 1w o - gram. Ms. Mic kelson d isc u ssed the Older Americans Ac t Tran spu rta ion Progr am regu l ations . I I Englewood City Council Minutes January 20, 1912 -Page 3 Vole resu l ls: Ayes: Nays : Hollon carried as Counci 1 Habenicht, None amended. Members Bullock, Van Waggoner, Gulley, Wiggins Dyke, Hathaway , Slaff was directed to monitor the pr ograms . Council Member Habenich t request - ed staff solicit input from citizens In vo lved in the pro grams . 7. Non-scheduled Visitors (a) 8111 Young, Fire Division, Safety Services Department , was recog- nized and honored as Englewood 's Employee of the Month for January . (b) James Beck-.,! th, attorney for Bob's Auto Service, reiterated his protest of a-.,arding the tc,-.,ing contract to Hinson Towing. He encouraged Coun - cil to implement a rotation systet1 c011prlsed of Bob's Auto Service and Bob Hinson Towing Specialists. Hr . Beckwith provided copies of memorandums out- lining • contract rotation proposal and advising of statutory penalt i es for carriers acting without authority . 8. c-nications, Procl ... ttons and Appotntaents There -.,,re no co-,ntcatlons, proclU11ttons or appointments t o be considered. 9. Public Hearing on Council 1111 No. 81, an ordinance approving the rezon- ing of property bounded by East.an Avenue, South Ac0111a Street, Floyd AV911ue and South Lincoln Street froa 1-1, lustness to 1-2, Business. COIIICll IEIIIER VAN DYKE MOVED, AfCI IT IIAS SECotllED, TO OPEN THE PUBLIC HEARING. Ayes: Nays: Motion carried. Council Members Bullock, Van Dyke, Hathaway, Habenicht, Waggoner, Gulley, Wiggins None eighborhood Serv ices Administrator Stitt, duly sworn, entered into the record Proof of Publ ic ation of Notice of Public Hearing, which was publ;shed in the Engle wood Her~ld on January 2, 1992 and Certifications of Post;ng . Mr . Stitt presented the recommendation from the Planning and Zoning Co mm;sslon. He not - ed that staff , in an effort to address issues brough t to the i r attenti on regardi ng appropriate uses , began loo king at the nature of the downtown area at the time of the original zoning . At t ha t t i me, there was a nat ura l break between the us e s . However, as time has passed, there have be en some ch an ge s i n the nature and uses of the downtown area. Staff, in con j un c ti on with he Planning and Zoning Commissi on , met with the Cha mber of Co1M1erce and EDD A t o ta 1 k about the proposed change in zoning. lhey al so met w; th r es iden t s to address issues of conce r n. The comments from the two en ti t ies and r es i den s wer e incorporated into the staff report. Staff 's overa l l con ce r n i s to pro • i de for adequa t e zoning and opportunities , whi l e pr ot ect ing he r esidcn ia l and business character of the area. As a result , s taff r ecomme nded a Englewood City Council N1nutes January 20, 1gg2 -Page 4 modification of the proposed rezoning, which would still prov ide for t11o se "more intense auto related uses• in the 3200 block along Broadway, but would provide protection for the residential uses on the Lincoln and Acoma side. Cou ncil Member Hathaway asked if the boundary lines could be cut back to t he I a 11 ey line on the south half on South Acoma , and to the a 11 ey 1 i ne on the north half on Lincoln in order to keep the residential area fro m being rezoned 8 -2 . Hr. Stitt agreed that was an option . Council Member Waggoner asked for clarificat i on of the l egal description and pointed out a discrepancy. Discussion ensued regarding the original proposed rezon in g recommen da tion and the possibility of reducing the boundaries of the affected ar ea. Council Member Habenicht asked about the definition of adult entertainment under conditional uses. City Attorney DeWitt responded to her concerns. He noted the definition of 8-2 zoning Is not being changed; staff is only propos- ing a change in the area to which it applies. Discussion ensued regarding the procedure to follow if Council approved an amended legal description. Earl Ladewig, 3235 South Lincoln, duly sworn , stated he objected to the pro - posed rezoning. He felt however, that if Council were to approve the rezon- ing, they should rezone the entire area to B-2 "not just a piece of 1t." He responded to questions froa Council. Frank R-s, 3201 South Lincoln, duly sworn, expressed his confus1on over the exact area being considered for rezoning . Council Member Hathaway identified the area under consideration. Hr. Re11es conf ined he would like his property included in the B•2 zoning. COUNCIL MEMBER HATHAWAY NOYED, All> IT WAS SECOll>ED, TO CLOSE THE PUBLIC HEARING. Ayes: Nays: Mot i on carr i ed. Council Members Bullock, Van Dyke , Hathaway , Habenicht, Waggoner, Gulley, Wiggins None Council Member Hathaway asked for clarificati on of the lega l descript i on if t he boundary line was moved ba ck to Acoma. Discus sion ensued. Cou nc i 1 Bi 11 No . 81 , entitled: COUNCIL BILL NO. 81, INTRO DUCED BV COUNCIL MEMBER HA THAWA Y A BIL L FOR AN ORDINANCE APPROVING THE REZO NIN G OF PROPER TY BOUNDED BV EASTMArl AVENUE, SOUTH ACOMA STREET , FLOYD AVENUE ANO SOU TH LIN COL N STREET FROM B-1. BU SIN ESS TO 8-2 , BUS INESS . I I I En9lewood City Council Ninutes January 20, 1992 -Pa9e 5 COUNCIL NENBER HATHAWAY NOVED, AHO IT WAS SECONDED, TO APPROVE COUNC IL BILL NO. 81 IN ITS PRESENT FORlt. Council Member Van Dyke stated she could not support the mot i on, as she wa s opposed to changing a predominately residential area . Vote results; Ayes : Nays : Motion carried . Cou · cil Members Bullock, Hathaway , Waggoner , Gulley, Wiggins Council Members Van Dyke, Habenicht 10. Approval on Second RHdlng There were no iteas to consider on second read ing. 11. Ordinances, Resolutions and Notions (a) City Mil.Rager Fraser presented a reconwnendation to award the con · tract for vehicle wrecker and tow i ng services to Bob Hinson Towing Specialists . He advised that staff had reviewed the material and estimates, at Council's direction. He stated Bob Hinson Towing Specialists was low bid - der and the City has been satisfied with their current level of serv i ce . Council Hl!llber Waggoner stated he was disappointed that the tabulations had not been sublllitted wi th the first presentation. COUNCIL IIENIEI HATHAIUiY NOVm, TO ADOPT NR. BEtiCWITH'S PROPOSAL THAT PROPOSES A CONTRACT IOTATJOII FOi T1I£ CONTIIACT SERVICES FOR THE CITY OF ENGLEWOOD BETWEEN BOl'S TOWIN6 AND IOI HINSON TOIIIN6 SPECIALISTS. The motion died for lack of a second. COUNCIL HEIIIER 8ULLEl NOVID, ANO IT WAS SECONDED, TO APPROVE THE VEHICLE WRECKER AND TOWJliG SERVICE CONTRACT OF BOB HINSON TOWING SPECIALISTS. Ayes : Council \lllembers Bullock, Van Dyke , Habenicht, Wag- goner, Gulley, Wiggin s Nays: Council Member Hathaway Motion carried . (b) Housing Finance Spec i alist Gr i11111e tt presented a rec ommenda tion from t he Department of Conwnunlty Development t o adopt a bill fo r an ordin an ce amending the Intergovernmenta l Cooperation Agreement with Arapaho e Coun t y rega rd ing the Conrnunity Development Block Gran t Progra m. and declaring an emergency. She advised that, by law, any agency rece iving Federa l Funds through HUD mus t agree to su ppor t the excess I ve force ag reemen t , wh ic h pro - hi bi t s bloc king and entering an are a involv in g civil right s de onstrations and use of excessive force by police of fice r s . She note d that Safety Service s ha s stated we are already in compl iance. Ms. Gr i mme tt confirmed we ha ve been in comp liance s in ce 1990 . Englewood City Council Minutes January 20, 1992 -Page 6 Mayor Wiggins requested a motion to strike t he sect i on declar in g th i s counci l '· i 11 as an emergency. The Deputy City Clerk was asked t o read Council 8 111 No. 5, entitled: COUNCIL BILL NO . 5, INTRODUCED BY COUNC IL MEMBER HAB ENI CHT A BILL FOR AN ORDINANCE ADDING A NEW SECTION 13 , TO THE INTERGOV ERNM ENTAL COOPERATION AGREEMENT WITH ARAPAHOE COUNTY RE LATING TO THE CONDUCT OF CO MMUN I- TY DEVELOPMENT BLOCK GRANT PROGRAMS FOR FEDERAL FISCA L YEA RS 1992 THROUGH 1994 AND DECLARING AN EMERGENCY . Ci ty Manager Fraser advised it was not necessary to declare an emergen cy in this instance. He noted they have been I n touch wi th Arapahoe County and feel they can wo r k this out without ask1ng Council to come i n for another mee ti ng in the mo r ning to pass this as an emergency bi l l. He stated staff wo uld li ke to reserve the use of an emergency ordinance for someth i ng a 1 ittle more serious than they believe this to be . City Attorney DeWitt countered that there are mistaken views on emergen cy or - dinances and he clarified Council would not have to meet i n the morning. He advised they could handle it at the next council meeting. Hr. DeWitt noted emergency ordinances prohibit certain types of legal proceed ings aga i n~t the ordinance. Council Hember Gulley asked if the fundi'1g was i n jeopardy if lh i:; were not declared an emergency . City Manager Fraser assured her it wa s no t. Council Ne111ber Habenicht asked if this might cause problems i n our deali ng s wi t h Arapahoe ro unty . Ci ty Manager Fraser advised her staff had discussed the situation with Arapa- hoe County and they were In agree111ent . COUNCIL HEHIER BULLOCK MOVED, ANO IT WAS SECONDED, TO AMEND COUNCIL BILL NO. 5 BY STRIKING THE "DECLARING AN EMERGENCY" CLAUSE. Ayes : Council Members Bull ock, Van Dyke, Hathawa y. Habenicht, Waggoner , Gulley , Wiggins Nays: None Motion carried. COUNCIL HEHBER HABENICHT HOVED, ANO IT WAS SECONDED, TO APPROVE COUNCIL BIL L NO. 5 AS AMENDED. Aye s: Nays: Mot ion c arried . Cou nc i l Members Bul l ock, Van Habe ni cht, Waggoner , Gu lley, Wiggins None Dyke , Hathaway, (c) A resol ution concer ning the rea ppointment of Be rnard V. Bera rd i ni as As soc iate Mun i cipa l Judge wa s con si dered . The reso luti on was assigned a nu mber and re ad by ti t l e : I I I I Englewood C1ty Counc11 "1nutes January 20, 1192 -Page 7 RESOLUTION NO . 5, SERIES OF 1992 A RESOLUTION FOR REAPPOINTMENT OF BERNARD V. BERARDINI AS ASSOCIATE MUNICI PAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO. COUNCIL "~IER IULLOCK "°YED, ANO IT WAS SECONDED, TO APPROVE RESOLUTION NO, 5, SERIES OF 1992. Ayes: Nays: Motion carried. Council Members Bullock, Van Habenicht , Waggoner , Gulley , Wiggins None Dyke, Ha t hawa y. {d) A resolution designating the bulletin board In the lobby of Ci ty Hall as the '>ff i cial posting place for all notices of the City of Englewood was considered . The resolution was assigned a number and read by title: RESOLUTION NO. 6, SERIES OF 1992 A RESOLUTION DESIGNATING THE BULLETIN BOARD IN THE LOBBY OF ENGLEWOOD CITY HALL AS THE OFFICIAL POSTING PLACE FOR All NOTICES OF THE CITY OF ENGLEWOOD. COUNCIL NENIER GULLEY NOYED, AND IT IIAS SECOll>ED, TO APPROVE RESOLUTION NO. 6, SERIES OF 1992. Ayes : Nays: Motion carried. 12 . &e neral Discussion Council Me ■bers Bullock, Van Habenicht, Waggoner, Gulley, Wiggins None (a) Mayor's Choice Dyke , Ha t hawa y , (I) Mayor Wiggins reminded Counc i l of the interviews for pos i - t i ons on various boards and corrmlss1ons to be held January 27 , and 28, 1992. { i iJ He shared a copy of the first phase of the Comp r ehensive Fairgrounds Plan which addresses the area where the South Drive -I n was lo- cated. Discussion ensued . (bl Counc i l Member 's Choice (i ) Council Member Gulley : I. Sh e expre ssed concern over designa ti on of fie l ds f or soc cer r egard i ng t he En gl ewood Soccer As socia tion . Sh e req uested info rmat i on on t he method of de te r minin g field priorities. 2 . She ques ti oned the lack of a compen s ation plan f or em pl oyees classi f ied as Tempora r y/Par t-t i me and asked that Cou ncil addre ss t h i s Iss ue. Ci t y Man- ager Fraser s tated he has asked s t aff to rev i ew all par t-ti me posit i ons t o de te rmi ne if the y are perma nent and make s ur e the s tan dards s e t forth ar e uni- fo r mly app li ed . Englewood City Council N1nutes January 20, 1992 • Page 8 (ii) Council Member Waggoner : I. He offered i nsight i nto the designation of fields for soccer. 2 . He noted he had received informat i on regarding his earlie r request a bout police patrol vehicles , but felt it was too voluminous. He had de sired a short report. • * * * .. Mayo r Wiggins noted he had heard the Colorado Foxes had backed out of he ir contract wi th the Englewood Schoo l s. (Iii) Council Member Van Dyke: 1. She advised that the Superfund strategy connittee had asked that Council confirm a representative. Ms. Van Dyke stated that she would l i ke to continue i n t hat role with Council 's support. COUNCIL NEJIIER BULLOCK NOVED, AND IT IIAS SECONDED, TO APPOINT COUNCIL NENBER VAN DYKE TO THE ACCE CCIIIJTTEE. Ayes: Council Members Bullock, Hathaway, Habenicht, Wag- Nays; Absh1n ; Motion carried. goner, Gulley, Wiggins None Council Member Van Dyke Council Member Van Dyke stated she apprec iated their support . Council unanimously approved appointing Council Member Bullock to serve as an alternate to the ACCE CO!llfflittee. 2. She requested Council offer congratulations and support to Senator Bl i ckensderfer. 3. She advised of a fundraiser at Cindere l la City for St. Jude Researc h Hospital . She requested a pledge of $50.00 for Mayor Wiggins and herself. COUNCIL NEIIIIER GULLEY NOVED, AND IT WAS SECONDED, TO APPROVE A PLEDGE OF $50 .00 TO ST. JUDE CHILDREN ':-RESEARCH HOSPITAL ON BEHALF OF TERMINALLY ILL CHILDREN. Ayes: Cou nc il Memb er s Bull oc~, Van Dyke, Hathav1ay . Habeni cht, Wa ggon er , Gulley, Wiggins Nay s: None Mot i on carr i ed. (iv ) Council Me mbe r Bul lock: l. He rep orted on the Human Resources Committee Meetin g he had al tend ed. They dealt primarily with the Si ngle Entry Point fo r Hu man Services proj ec t which see ks to i mprove access t o soci al service prog r ams. He repo r ed the ORCOG mee t in g addressed the wate r qua lity asse ssment of Bear Cr eek Ba s ir. and the anticipat ed 1992 St ate Legis l ative program . I I I I Englewood City Counc11 Minutes January 20, 1992 -Page 9 2 . He noted he had received in formation on a one -d ay s e ssion on Gove rnment Grant Writing offered by DRCDG . COUNCIL MEMBER BULLOCK IIOVED, AND 1T IIAS SECONDED, TO SUPPORT SEND ING CHUCK REID TO THE 60VEIUIIENT &RANT WRITING SEMINAR. Co uncil Member Habenicht objected to this motion as she felt th is was an ad- minist rat i ve function and felt i t was in conf li ct with t he Charter. However sh e felt it was a wonderful suggestion . Council Member Van Dyke fel t the intent was to offer Hr. Reid the opportuni ty t o attend . Vote result s: Ayes : Nays : Motion carried. Council Hembers Bullock, Van Dyke, Ha~haw ay, Waggoner , Gulley, Wiggins Council Member Haben i cht • •••• Council Hellber Gu l ley questioned Council Member Bullock regarding the Single Entry Point as to whether they were looking at safeguards against abuse of the system . He noted the c011111ittee touched on the subject briefly duri ng theses- sion. Council Mellber Hathaway stated the idea was that the Si ngle Entry Point would reduce fraudulent use of social serv i ce programs . Discussion ensued . 3 . Mr . Bullock requested Counc i l's support In seeking hi s appo i nt ment to the CHL Executive Cornittee. COUNCIL NE"11ER VAN DYICE 110vm. AHO IT IIAS SECONOED, TO SUPPORT COlltlCJL HENBER BULLOCK'S APPOINTIIDIT TO THE YACMCY OIi THE CNL EXECUTIVE COIIUTTEE. Ayes : Council Members Van Dyke, Hat_hawa y, Hab enicht , Wag - goner , Gulley, Wiggin s Nays : None Abstain : Council Member Bullock Mo tion carried. 13. City "anager 's Report Mr . Fraser d i d not have an y ma tters to bring be fo re Cou nci l. 14 . City Attorney 's Report (a ) Hr. DeWi .t presented a resolution rel ati ng to the doub le t~xat1on of territory wit hi n the City of En glewoo d resulting from the overlappinC) of servi ce s provided by the lo cal governments an d because of t e annexation of ce rta in parcels as they relate to -rapahoe Coun ty Law Enf or ceme nt Authority. Ar apahoe Libr ary District, Littleton Fire Prote c t io n Dis ric . and South Sub - ur ban Met ro politan Pa r ks and Re creation District. 1h e resolution wa s a s signed a number an d read b/ ti t1e: Englewood C1ty Council "1nutes January 20, 1992. Page JO RESOLUTION NO. 7, SERIES OF 1991 A RESOLUTION RELATING TO THE DOUBLE TAXATION OF TERRITORY WITHIN THE CITY OF ENGLEWOOD RESULTING FROH THE OVERLAPPING OF SERVICES PROVIDED BY THE LOCAL I GOVERNMEN TS AND BECAUSE OF THE ANNEXATION OF CERTAIN PARCELS AS THEY RELATE TO ARAPAHOE COUNTY LAW ENFORCEMENT AUTHORITY, ARAPAHOE LIBRARY DI STR ICT, LIT TLE- TON FIRE PROTEC TION DISTRICT , AND SOUTH SUBURBAN METROPOLITAN PARKS & RECRE - ATION DISTRICT . COUNCIL MEMBER HATHAWAY MOVED, ANO IT WAS SECONDED, TO APPROVE RESOLUTION NO. 7, SERIES OF 1992. City Attorney DeWitt offered c1arificat l on of the areas 1 11 volv eJ. Vote results ; Ayes: Na ys: Mot io n carr i ed . Counc i1 Members Bullock , Van Dyke , Hathaway , Haben i cht, Waggoner, Gulley, Wiggin s None (b) He di stributed infonnation regarding the St . Louis School acqu is i • tion for Halley Center which has been co111pleted. The title has been cleared, and the transfer has been made. (c) He advised of a claim filed by Mr. Nazarenus against the City for alleged activities on the part of the police department. As sever.al i nves - tigations have revealed no wrong doing, a not i ce will be sent to Mr. Nazarenus indicating no further action will be taken. 15 . AdJourraent COUNCIL "ENBEa HATHAWAY IIIVED TO ADJOURN. The meeting adjourned at g ;J4 p.m. I