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HomeMy WebLinkAbout1992-02-03 (Regular) Meeting MinutesI I ENGLEVOOO CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Retullr session February 3, 1992 ). Call to Order The regular meet i ng of the Englewood City Council was called to order by Mayor Wiggins at 7:39 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. loll tall Present: Absen t: A quorum was present. Al so present: 5. Hinutes Council Mellbers Hathaway, Van Dyke, Gulley, Bullock, Waggoner, Wiggins Council Member Habenicht City Manager Fraser City Attorney DeWitt Deputy City Clerk Ellis Netghborhood Services Administrator Stitt Director Esterly, Pub l ic Works Engineering Mana~ar kahm, Public ~jrks Division Chi~f Miller, Safety Services (a) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 20, 1992. Aye s: Council Members Bullock, Van Dyke , Ha t haway , Waggoner , Gulley, Wiggins Nay s: None Ab sen t: Council Member Habenicht Motion ca rried. [Clerk 's Note: Council Membe r Habenicht entered the meetin g at 7:40 p.m.] 6. Pre-scheduled Vis i tors Englewood City Council Minutes February 3, 1992 -Page 2 (a ) There were no pre-sc heduled vi si to rs. 7. Non-scheduled Vi sitors (a ) Joe Ta tar ka , 157 1 East Bates Parkwa y, i nt r oduced him se lf as the I newly ap poi nt ed Cha mber of Co11111erce Government Affa i r s Commit t ee Ch ai rman. He noted th e Cham ber o f Commerce has members a t tend the Eng l ewo od City Council mee ti ng s on a r ot at i ng ba sis in orde r to keep t he l in e s of commu ni cati on open . He re que sted Ci t y Coun cil's cont i nued suppor t . Mayor Wig g in s offered Coun c il 's cont i nued suppo r t. Co uncil Membe r Va n Dyke congratul ated Mr . Tatark a on hi s appointment . 8 . Connunlcatlon s , Proclamations and Appointments (a) COIIICJL MEMBER YAN DVKE MOVED, Nil IT WAS SECONDED, TO PROCLAIM THE WEEK OF FEBRUARY 2 THROUGH 8, 1992, AS "NATIONAL BURN AWAIENESS WEEK.• Ayes: Co unc i l Members Bullock, Van Dyke, Hathaway , Haben i cht , Waggoner , Gul l ey , Wiggins Nays : None Mot i on carried . (b) COUNCIL MEIIBER HATHAWAY MOVED, AND IT VAS SECONDED, TO DECWE THE MONTH OF FEBRUARY, 1992 AS "AIIJElllCAN HISTORY NONTH," Ayes : Council Mellbers Bullock, Yan Dyke , Hathaway , Habenicht , Waggoner , Gulley , Wiggi ns Nays : None Motion carried. 9 . Public Hearing (a) COUNCIL NEIIIER YAN DYKE MOVED, ANO JT WAS SECOll>ED, TO OPEN THE PUBLIC HEARING TO CONSIDER COUNCIL Bill NO. l, AltENDING THE ENGLEWOOD fllNICIPAL CODE TO ALLOW DEYELOPNOO OF COMNERCIAL PARKING LOTS AT THE REAR 12,000 SQUARE FEET OF SOUTH BROADWAY BUSINESSES. A.yes : Co uncil Me~bers Bul l ock , Van Dyk e , Hath awa y, Habeni c ht , Waggoner , Gu l l ey, Wig g in s Nay s: None Moti on c arried and pu bl i c hea ri ng ope ne d . Tim Ausfahl, co-owne r of A & A Tr ad i n' Post, 450 9 Sout h Bro adway, e ncouraged Council t o su ppor t the pro po se d amend ment . Ne ig hbo rhoo d Servi ces Adm i nistrat or St1 t t, ent e r ed i nt o the rec ord Pro of of Public a tion of Notice of Publ ic He aring , wh ich was pub l ished in the En lewood Heral d on J an ua ry 9, 1992. Mr . Stit t pres en ted the recommen dation rom t e Pl ann in g an Zoni ng Co mmissi on. He stated t he City has re cognized the prob - lem s along the Broad way co r ridor in terms of parking. Ma ny businesses do not have adequate parking and t he empl oyees tend to park in the residential areas. s a result of s eve ral i n-hou se studies and meetings wit h t he busine ss people and res i dents along Bro ad way, staff cam e up with a worka ble alter nat i ve. Th e a l terna t ive is focused in two ways. The fir s t is an amend ment to th e R-2 an d I I I Englewood City Council Minutes February 3, 1992 -Page 3 the R-2-C, which would allow development of a small parking area on the rear 25 feet of those properties abutting or adjacent to a B-2 Zone District. The lot could be leased to a business along Broadway. The other alternative is In the R-4 Zone District and i t entails a reduction in the required lot area for parking from 24,000 square feet to 12,000 square feet . This would encourage more off-street parking . Council Member Gulley qu e stioned the public hearing procedure . City Attorney DeWitt explained that this particular ordinance amends legisla - tion. Posting and the swearing 1n of witnesses is not required . There were no other citizens present who wished to address City Council con- cerning the proposed amendment . COUNCIL MEMBER VAN DYKE MOVED, AND IT VAS SECOfllED, TO CLOSE THE PUBLIC HEARIN&. ,\yes: Council Members Bullock, Van Dyke, Hathaway, Habenicht, Waggoner, Gulley , Wiggins Nays: None Mot i on carried and public hearing closed. COUNCIL NEIIIEII HMENICHT IIOVED, NI> IT MAS SECOIIIED, TO APPIOVE ON SECOND AEADINC AGENDA ITEM 9 !a): ORDINANCE ND. 4, SERIES OF 1992 (COUNCIL BILL NO . I INTRODUCED BY COUNCIL MEM- BER HABENICHT), ENTITLED: AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTION SN, BY ADDING A NEW SUBSEC - TION (5), ENTITLED PARKING AREA; TITLE 16, CHAPTER FOUR, SECTION 6M BY AOOING A NEIi SUBSE T(ON (5), ENTITLED PARKING AREA; AND AMENDING TIT LE 16, CHAPTER 4, SECTION 9,C. Of THE ENGLEWOOO MUNICIPAL CODE IN ORDER TO ALLOW DEVELOPMENT OF COMMERCIAL • -RKING LOTS AT THE REAR 12,000 SQUARE FEET OF SOUTH BROADWAY BUSINESSES . ,\yes: Nays: Motion carr i ed . Council Members Bullock , Van Dyke , Hathaway, Habenicht, Waggoner , Gulley, Wiggins None ( b) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEAR ING TO CONSIDER COUNCIL BILL NO. 6, CREATING SPECIAL IHPROVEHENT DISTRICT NO. 1992-ECJC. Ayes: Council Member s Bullock, Van Dyke, Hat haw ay. Habenicht, Waggone r. Gulley, Wiggins Nays: None Motion c arr ied and public hearing opened. Director Esterly . duly sworn , en - tered into the record Proof of Publication of Notice of Publ i c Hearing , which was published in the Englewood Herald on January 9 , January 16 , and January 23, 1992. Mr. Esterly presented the recommendation from the Depart ment of Public Works to create Special Improvement District No. 19gz.£ClC. He noted that South Santa Fe Circle was originally inc luded in Paving District No . 34, Englewood City Council Ninutes February 3, 1992 -Page 4 but was withdrawn pending resolut i on of own@rship issues and f i nancial mat - t@rs . The City agreed to endorse a special Improvement district, spec i ficall y for t his property, that would inc l ude water and sewer. Hr . Esterly noted the affected properties will be assessed in proport i on to their va l ue. Council Member Habeni cht asked if the assessments on the subplo ts were fixed . Oirector Esterly stated they were not, that they would be s t ructured re l ative to the va l ues of those properties. Council Member Habenicht asked for assurance that the fixed assessment s wo uld be set prior to f i nal approval . City Manager Fraser responded t hat Council would have the opportunity to re - view the as s essment s , which I s anoth41( step in the process. Hr . DeWitt stated staff anticipates the process to be ct,mpleted by September 30, 1992. Council Member Waggoner requested explanat i on of the antic i pated storm drainage improvements. Rick Kahm, Engir.cering Manager Public Works , duly sworn , stated most of the storm drainage would be ca rried on the streets . He noted s t orm drainage at the west end of t~e property will be carried in a drainage ditch and the City would be providing adequate eroding protection down into big Dry Creek at a point approx i mately half way between the street and Wyandot on the west side . Hr. K1hm stated the s t onri drainage improvements would be minor . Oiscusslon ensued. Don Ca111eron, 2706 West Rlverwalk Circle , Littleton, owner and developer of the property, duly sworn, spoke In support of the district . He noted he has owned the property for eleven years , during which t1~e he his attempted to develop a plan for use of the land. He noted two years ago the City encouraged him to subdivide the land, which proved difficult because of easements, power l ines and flood ways . He thanked Council and s t aff for their patience and assistance. There were no other citizens present who wi shed to add re ss City Co un c i l con- cern i ng the proposed improvement distri c t. COUNCIL HEHBER HATHAWAY l'IOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. Ayes : Counc i l Member s Bulloc k, Van Dyk e , Ha t hawa y , Hab e nicht , Waggone r, Gul l ey , Wigg i ns Na ys : None Motio n ca rr ied an d pub li c hear i ng c lose4. The cl erk wa s aske d to read Counci l Bill No . 6 , entitled: COUNCIL BI LL NO. 6 , INT RO DUC ED BY CO UN CI L ME MBER GULLEY A BILL FOR AN OR DrnANCE CREAT IN G SPECI AL IMPROVEMENT DI ST RICT ND. 1992-EC IC , IN THE CITY OF ENGLEWOOD. COL ORADO ; OR r ll JNG TH E CONS TRUC TI ON ANO INS TALLATION I I I I Englewood City Council Ninutes February 3, 1992 -Page 5 OF STREET PAVING, CURB, GUTTER, SIDEWALK, WATER, SANITARY SEWER, ANO STORM DRAINAGE IMPROVEMENTS, TOGETHER WITH NECESSARY INC ID ENTALS; AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT . COUffl:IL MDIIER &ULLEY NOVEO, AND IT WAS SECONDED, TO APPROVE AGENDA ITDI g (b) • COUNCIL BILL NO . 6 : Ayes : Nays : Mot 1o:i carried. Counci l Members Bullock, Van Haben 'lcht, Waggoner, Gulley, Wiggins None 10. Approval on Second Reading Dyke, Hathaway, COUNCIL MDIBER HATHAIIAY MOVED, AND IT WAS SECONDED, TO APPROVE ON SECOND READ- ING AGENDA ITEMS 10 (a) THROUGH (b) AS FOLLOWS: (a) ORDINANCE NO. S, SERIES OF 1992 (COUNCIL BILL NO . S INTRODUCED BY COUNCIL k£MBER HABENICHT) ENTITLED: AN ORDINANCE ADDING A NEW SECllON 13, TO THE INTERGOVERNMENTAL COOPERATION AGREEMENT WITH ARAPAHOE COUNTY RELATING TO ™E CONDUCT OF COll1UNITY DEVELOP - MENT BLOCK GRANT PROGRAMS FOR FEDERAL FISCAL YEARS 1992 THROUGH 1994 . (b) ORDINANCE NO . 6, S£PIE S OF 1992 (COUNCIL BILL NO. 63 INTRODUCED BY COUNCIL MEMBER HATHAWAY) ENTITLED: AN ORDINANCE ESTABLISHING THE APPOINTED POSITIONS OF POLICE DIVISION CHIEF AND FIRE DIVISION CHIEF AMENDING TITLE I, CHAPTER 6G, BY ADDING A NEW SECTION 9. Council Member Bullock questioned the reason for the inclusion, in Ordinance No. 5 , Section 1, of "prohibiting the use of excessive force by law enforce- ment agencies with in its juris~1ction against any individual engaged in non- violent civil ri ght demonstrations .• City Attorney DeWitt explained it was a HUD requirement, even though the City already has a policy to that effect. Ayes: Council Members Bullock, Van Dyke , Hathaway, Habenicht, Waggoner , Gulley, Wigg ins Nays: None Motion carried. JI . Ordinances, Resolutions and Notion s (a) Di vision Chief Hiller pr esented a reco111Tiendation from the Depar t - ment of Safety Services to approve a contract between the Englewood Department of Safety Services and the Co lora do Department of Transportation , Division of Highway Safe t y , for traffic grant funds. He stated this would fund the th i rd phase of t he or i ginal traffic safety program . Safety Services wou l d be ab le to hire an additional officer, to purchase a fully eq uipped pol ice vehicle , a microcomputer with network ing capabilities , and four speed detect i on dev i ce s . He not ed the purpose of the grant is to increase and i mprove the level of t raffi c s afe t y education and continu e effort s in th e are a of traffic enfor ce- ment programs. Englewood City Council Kinutos February 3, 1992 -Page 6 Council Hembei · Waggoner asked if they have determined speci fie locations for the JO% reduction as the ordinance refers to "t.arget locations" 1n Section I. Div i sion Chief Miller stated the "target locations " will incorporate "high - accident" locations and those areas identified by citizens as important for traffic enforcement activities. Council Member Gulley questioned the inethod of determining if they achieve a JO,, reduction in crashes at target locations. Mr. Miller stated they will use statistics from the Engineering and Traffic Department. Discussion ensued. Council Member Habenicht questioned 1f the financial consideration had been included in the budget and was assured it had been. The Oeputy City Clerk was asked to read Council Bill No. 4, entitled: COUNCIL BILL NO. 4, INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD SAFETY SERVICES DEPARTMENT ANO THE STATE G COLORADO DEPARTMENT OF TRANSPORTA - TION CONCERNING HIGHWAY SAFETY GRANT . COUNCIL KEIIIEA HATHAWAY NOYED, AND IT WAS SECOIIDm, TO APPROVE AIEJIJA ITEM l l (a) • COUNCIL Bill NO. 4. Ayes: Council Members Bullock, Van Dyke, Hathaway , Habenicht, Waggoner , Gulley, Wiggins Nays: None Motion carried. (b) Director Esterly presented I recOll'lllendation from the Department of Public Works to accept an Easement and Right of Entry Drainage Project Agree- ment between the C 1 ty of Englewood and FI rst Interstate Conwnerct al Mortgage Company for the Silvercllff Project. He noted an Easement and Right of Entry agreement is necessary for dralnageway maintenance for Big Dry Creek on the south side of the Sllvercliff Apart111ent Complex. Hr . Esterly advised tha t there is a traffic Issue which is unrelated to the drainage easement . Council Member Waggoner asked if the easement would allow Urban Dra i nage ac - cess to prov i de maintenance . Mr . Esterly stated it would allow the City or Urban Drainage to go into that area . Discussion ensued. The reso l ut ion was assigned a number and read by title : RES OLUTION NO . 8, SERIES OF 1992 A RESOLUTION ACCEPTING THE PERMANENT EASEHrNT ANO RIGH T OF ENTR Y A DRAINAGE PROJE CT AGREEMENT BETWEEN THE CITY Of ENGLEWOOD , COLORADO AND FI RST INTE RSTATE COMME RC IAL MORTGAGE COMPANY FOR THE SILVERCLIFF 'S PROJECT. I I I I Englewod C1ty Counc11 Minutes February 3, 1992 -Page 7 COUNCIL MEl'8ER GULLEY MOVED, ANO 11 WAS SECONDED, TO APPROVE RESOLUTION NO, 8, SERIES OF 1992, Ayes ; Nays : Motion carried . Council Members Bullock , Van Dyke, Habenicht, Waggoner , Gulley, Wiggins None Hat hawa y, (c) City Attorney DeWitt presented a reco11111endation from the City At - torney 's Offic~ to adopt a bill for an ordinance concerning water r i ghts from Dawson, Denver , Arapahoe, Laramie-Fox HI 11 s, and Dakota aqu ifers requiring deeded water rights 1 n connect ion wl th water service changes and regulati ng well construction. He nC1ted that Council had referred this council bill to publishing for three consecutive weeks. It was published January 9, January 16, and January 23, 1992 . He stated th i s ordinance is intended to protect the ground water resources of the City, beneath the City of Englewood boundaries ind would prevent private drilling without specific City approval. The Deputy City Clerk was asked to read Council 8111 No. 3, entitled: COUNCIL BILL NO . 3, INTRODUCED BY COUNCIL MEMBER GULLEY A BILL FOR AN ORDINANCE CONCERNING WATER RIGHTS TO, ANO THE USE OF, WATER FROM THE DAWSON, DENVER, ARAPAHOE, LARAMIE-FOX HILLS; AND DAKOTA AQUIFERS; REQUIR- ING DEEDED WATER RIGHTS IN CONNECTION WITH WATER SERVICE CHANGES Nil REGULAT- ING WELL CONSTRUCTION. COUNCIL MENIER &llLLEY MOVED, AND IT IIAS SECOll)ED, TO APPIOYE MEJIDA ITEM 11 (c) -COI.IICIL BILL NO. 3. A:Jes: Council Mellbers Bullock, Vin Dyke, Hathaway, Habenicht, Waggoner , Gulley, Wiggins Nays; None Motion carried. (d) Director Esterly presented a reco11111endatlon from the Department of Publ ic Works to adopt a resolution of intent to form Paving District No . 35, 1992 . He pointed out that Council held a town meeting on January 29, 1992 and presented this project to owners and business occupants a 1 ong the affected route . The resolution was assigned a number and read by title : RESOLUTION NO . 9 , SERIES OF 1992 A RESOLU TION DECLARING THE INTENTION OF THE CITY COUNCIL OF ENGLEWOOD, COLORA- DO, TO CREATE A SPECIAL IHPROVEHENT DIST RICT IN THE CITY, TO BE DESIGNATED AS PAVING DISTRICT NO . 35 , ADOPTING DETAILS ANO SPECIFICATIONS FOR THE PROPOSED DISTRICT, AND DIRECTING PUBL!CATIDN AND HAILING OF THE NO TICE OF HEARING TO THE OWNERS OF THE REAL PROPERTY IN THE DISTRICT . COUNCIL MEMBER HATHAWAV MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO, 9, SERIES OF 1992. Englewood City Council Minutes February 3, 1992 -Page 8 Council Hernber Bullock stated a number of bu siness owners had approac hed him regarding curb requirements . He requested Mr . Esterly check into the policy, as he wondered why It i ncluded curb requirem ents for the heavy i ndustrial areas . Vote r esu lts : Ayes : Na ys; Hotlon carr i ed. Council Members Bullock , Va n Dyke, Hathaway , Habenicht, Waggo ner, Gulley, Wiggins None City Attorney DeWi t t pointed out the Public Hearing Is set for March 9, 1992 . 12 . General Discussion (a} Mayor's Choice Mayor Wiggins deferred to Council Me111ber Hathaway. (b} Council "911ber 's Choice Council Member Hathaway stated the fol10111tng resolutions Nere being proposed by the Council Travel and Discretionary Fund Connlttee, wllich was comprised of herself, Mayor Wiggins and Council Member Van Dyke . She advised that Lorraine Hayes , Director of Financial Services, had requested Council consider amending the re,1olution regarding Council Discretionary Funds Policy to require that all receipts 111.1st be turned in within 15 days. (I) Council Helllber Hathaway proposed • resolution concerning Counc l l Travel Policy. The resolution was assigned a number and read by title : RESOLUTION HO. 10 , SER1ES OF 1992 A RESOLUTION AMENDING RESOLUTION NO . 49, SER1ES OF 1990 , FOR THE ADOPTING OF A TRAVEL POLICY FOR THE CITY COUNCIL OF ENGLEWOOD . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO . 10, SERIES OF 1992. Cou ncil Member Gulle y asked for an explanation of "expenses." Disc ussion ens ued . COUNCIL MEMBER HABENICHT MOVED, AND lT WAS SECONDED, TO AMEND SECTION 7 BY STRIKING "BY SUPER-MJORITY FIVE (5) OF.• Counc i 1 Mem be r Habenich t f e 1t it wa s inappropriate for Council to require a s uper -ma jor i ty , as it ma kes a minority r ule in some cases , and is co un - t erp r oductive to the business of the City and the dem ocra t ic process. I I I I Englwood Ctty Council Ntnutes February 3, 1992 -Page 9 Council Member Bullock e,cplalned that the "super-majority" requ i r ement was included as a result of what has been perceived as travel abuse in the past by council member s. He urged a vote against the amendment . c-,unci1 Member Gulley asked If a vote by super -majority is required for any other council policy. Mr . DeWitt stated some zoning lssues have required it i n ui_. past, but he was not aware of another instance for council pol Icy. Council HP.mber Habenicht reiterated her pos iti on . Vo te resu l t on amendment : Ayes: Council Members Habenicht , Waggoner , Gu lley Nays : Council Henber Bullock , Van Dyke, Hathaway , Wiggins Hotion defe~ted. Council Member Hathaway noted the "Conference Fonn " referred co In Section 8 would be submitted before the end of the week . City At t orney DeWitt suggested that Section 8 ~e deleted at this t i me . COUNCIL NEIIBER K'1'HAIIAY MOVED, NII IT IIAS SECONDED, TO DELETE SECTION 8 AND RENUIIIER 9 TO 8. Ayes: Nays: Motion carried . Council Melllbers Bullock, Van Habenicht, Waggoner, Gulley, Wiggins None Dyke, Hathaway , Vote results on Resolution No. 10 as uiended: Ayes: Nays : Hotlon carried. Counc i l Members Bullock , Van Dy ke, Hathaway, Waggoner , Wiggins Council Helllbe ~-Haben i cht, Gulley (Ii) Councl 1 Member Hathaway proposed a re sol ut1on regard Ing Council Discretionary Funds Policy . Council Hember Bullock asked for clarification of the new IRS mileage rate . Discussion ensued . The resolution was assigned a number and read by title : RESOLUTION NO. 11 , SER IES OF 1992 A RESOLUTION CONCERNING THE ENGLEWOOD CITY COUNC IL POL ICY MANUA L-US E OF Dl ~- CRETIONARY FU NDS. COUN ~IL HEMBER HATHAWAY HOYEO, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 11, SERIES OF 1992 . COUNCIL HEHBER HATHAWAY MOVED, AND IT WAS SECOlllEO, TO DELETE FROH THE EXPEN· DITURE FORH "S.21 IN TOWN" AND REFLECT THE ~URRENT ALlOWABLE IRS RATE. Ayes: Co unci l Mem bers Bullo ck, ./an Dyke , Hatha way , Englewood City Council Minutes February 3, 1992 •· Page 10 Nays: Hol i on carried. Habenicht , Waggoner , Gulley, Wi ggi ns None COUNCIL MEMBER HATHAWAY IIOVED, All) IT VAS SECONDED, TO AMEND SECTION 6 TO READ I "All RECEIPTS MUST BE TURNED IN WITHIN 15 DAYS Of DATE Of EXPENDITURE.• Ayes: Council Members Bullock, Yan Dyke , Hathaway , Habenicht, Waggo~e r, Gul l ey, Wigg i ns Nays : None oti on ca r ried. Cou ncil Member Waggoner requested clarificat i on of the definition of •·~ervice cl ub " and "city purpose " as referred to in the resolution . Discuss i on ~nsued . Council Member Habenicht requested an explanation of Section 2 . lengthy di s- cussion ensued. It was confir,ned that all discretionary funds should be used I nstate unless approved by City Council. Vote results on Resolution No . 11 as amended: Ayes: Council Melibers Bullock, Habenicht, Waggoner, Gulley , Van Dyke, Wiggins Hathaway, Nays: None Mo tion carried. (111) Council Hember Hathaway •ntloned she and Council Member Van Dyke would be participating In a producltfn called "Politics Unusual " to benefit the Temple Events Center, on Febru'l'ry 13, 1992. She Invited Council to attend. (I v} Council Member Bullock stated the city had denied a permit for a citizen, Hr . lrri zary, tu operate a print brokerage business out of his home . He directed staff to investigate and see what could be done . (v} Council He~ber Van Dyke expressed her concern over the fee paid by Harty French, owner of Annie's Book Stop , for a "Going Out of Bus i ness license.• She suggested that perhaps the ordinance could be amended to allow t he city to refund the fee If the business remains closed. Discussion ensued r egarding the intent of the ord in ance . She a s ked Ci ty Atto rn ey DeWitt to fol- l ow up on an amen dmen t or med i at e the situati on. Ci ty Manager Fraser note rl Mayor Wigg i ns had requested that this Item be brought forward fo r study ses- si on , at which ti me s taff wi ll submit r eco mmen da tions , Ms . Va n Dyke stated she would like to see th e City re im burse Ms . French as soon as she's met the equiremen t s . (vi} Counci l Member Gulleys ated she had not been advise d of th~ sta - us of th e NLC Steer i ng Committee Mar ch mee t ing . She ~:•:•C •i" ' th e an- nouncement of comm ittee app oi ntments i n the next week o·· t1- (vii) Co unc i l Member Wa ggon er not ed counci l ha d r e , ormation in their pac kets. He reques t ed " ~op ·· of a :, , ax area s . " nll:S ax i n- . ,i ,,nating s ales I I Englewood C1ty council Minutes February 3, 1992 -Pap 11 (viii) Council Member Habenich t: I . Hs . Habenicht stated there had been some talk in Arapahoe County about a possible class action suit regarding state red i stricting. She quest ioned the direction Council's involve111ent should take . Discussion ensued . Opt ions were discussed. Hs . Habenicht reiterated the Importance of keep i ng on top of this issue, as 1t is of serious concern to the City 's resid ent s. Time constraints were discussed . 2. She advised of her reappointment to tne NLC Fair Po l icy Connittee and requested approval to attend the NLC Conference March 7 through March 10, 1992 in Washingt on, D.C. cot11e1L M£NID VAN Dru NOVED, MD lwu SECONDED, To APPROVE COUNCIL MEMBER HABEMICHT'S REQUEST TO ATTEJII THE C COIFEllENCE tiARCH 7 THROU&H MRCH 10, 1992 IN IIASHIN&TON, D.C. A}tes: Council M rs Bullock, Van Dyke, Hathaway, Habenicht, Waggoner, Gulley , Wiggins Nays: None Motion carried. 3 . COUNCIL NEJeER IMIDIICHT IIOVED, NI> IT IIAS SECONDED, TO POSTPONE THE CON- CRETE DISTRICT All> FOIIII A TASK FORCE TO STUDY THE ISSUES AND FOLLIJII A STRICT TINELINE THAT WOULD ALLIJII M ALTERNATIVE PLAN OF RN>IIKI TO BE SUINITTED TO A VOTE OF THE P£0'1.E II IOYENIER. COUNCIL NEMER IUlLOClt OFFERED A FllEIIDLY ANENDIIENT TO COIITIIIIE IIITit THE PRES· ENT CONCRETE DISTalCT AS IT IS PltOflOStD AND FOIIII A TASK FORCE TO STIIIY ALTER- NATIVES FOil FUTuaE CONCRETE DISTRICTS. Council Member Habenicht stated she would agree to that with the caveat that she be appointed to the task force , which would be formed inrnediately. Ci ty Attorney DeWitt reiterated the constraints to be considered in scheduling an election during state or national election years. City Manager Fraser stated that going to a vote of the people is only one al - ternative an d there are a myriad of alternatives to be considered . He en- couraged Council to adopt the motion with Council Member Bullock's amendment , which would allow the City to continue to address the concrete problems and deal with the policy issue which has long-term impl ic ations . Cou nci l Member Hathaway requested a clarification of the mot i on. Council Member Habenicht restated her motion as amended: TO PROCEED WITH THE 1992 CONCRETE DISTRICT AS IT IS PROPOSED AND FORH A TASk FORCE TO STUDY ALTERNATIVES TO BE CONSIDERED FOR THE 1993 CONCRETE DISTRICT; THE TASK FORCE WILL REPORT TO COUNCIL BY THE FIRST CITY CliUNCIL HEETlNG IN JUNE 1992, Ayes : Council Members Bullock , Van Dyke , Hothaway, Englewood C1ty Council "1nutes February 3, 1992 -Page 12 Habenicht , Waggoner, Gulley , Wiggins Nays : None Motion c ar ried as amended. Coun c il H~rn ber Van Dyke sugge s ted M~yor Wigg i ns appo i nt a Task Force at his convenience . Counci l Member Habenicht agreed . Council Me mber Hathaway suggested that, if the inte nt i on Is to br i ng the en - t ire Ci ty up to a certa i n standard of concre te, the Task Force cons i der so me - thing sim i lar t o the JO Year Paving Plan . (i x) Mayor Wiggins: l. Mayor Wiggins 1dvised that the horsecar would be dlspl-,ed in Cinderella Ci ty for one ye1r and the Horsecar Co11111 i ttee would be seeking donations. 2 . He stated the Swedish Foundation would be donating a pencil sketch of the old Mayflower section of the hospital, if the City IIOUld agree to display It. Counc i l Member Habenicht questioned the l egal ramifications of accepting the gift. She requested a legal opinion. 3. He noted sf, new police officers hid been sworn In ind they are all cer- tified officers. 4. He requested staff be advised to keep the City vehicles clean. 5. He questioned why there Is I NO PARklNC restri ction across fro111 Swedish Hospital 1t Wash i ngton Street on the west side. He asked staff to look Into the situation. 13. City Manager's Report (a) Hr . Fr aser provided an upda t e of the si tua t ion at 4755 So uth Win- dermere, where they are r ec ycling shingles. Discu s sion ens ued rega r di ng va ri ou s co ncerns . (b ) He advi sed that the citizen survey had been di s tributed to 2 ,000 r andoml y se lected ad dresses . 14 . City Attorney 's Report (a) Mr. De Wi tt pas sed out a dra ft of t he en dangerm ent a ssessme nt of Lo wry . He no ted i t app ea rs th e Im pacts are mi nimal , wh ich would r ed uce our 1 i ability. (b ) He d i scussed t he issue of whe t her there is insu rance comp any l ia b ility f or Sup erfund dama ge s . (c) He pr ovided an upda te on the City of Denver lawsuit again s t prin - cipal waste hau l ers . The ACCE me mbe r s ha ve been mee t ing to dea l with the law - suit issues . He revi ew ed some of t he issues concerning the Ci ty and possi ble defe nse scenarios. I I I I Englewood City Council "1nutes February 3, 1192 -Page 13 (d) He noted Project Bu i ld will conduct two closings feh r uary 7, 1992 . Discussion en s ued . (e) He discussed the ACCE Political Action Agenda . (f) He passed out a memo dealing v l t h the Stipulated Penalties on Lowry and discussed the Implications . 15. Adjournment COUNCIL BER BULLOCK MOVm TO ADJOURN, The meeting adjourned at 9 :27 p .m.