HomeMy WebLinkAbout1992-03-02 (Regular) Meeting MinutesI
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Ca 11 to Order
ENGLEIIOOO CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Rgular Session
Narch 2, 1992
The regular meeting of the Engl e Jod Cfty Council was called to order by Mayor Wiggins at 7:35 p .m.
2 . Invocation
The invocation was g iven by Council Member Bullock .
3 . Pledge of Alle9iance
The Pledge of Allegiance was led by Mayor Wiggins.
4. Roll Call
Present:
Absent :
A quor1111 was present.
Also present:
5 . Minutes
Council Mltlbers Hathaway, Yan llvke, Gulley, B~llock , Habenicht, Waggoner, Wiggins
None
City Manager Fraser
City Attorney DeWitt
Deputy City Manager Hartin
Cfty Clerk Crow
Neighborhood Services Adnin 1strator Stitt,
Conwnun 'ty Development
Executive Officer Ol son, Safety Services
(a) COUNCIL ~OIBER BU~LOCK MOVED, ANO IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULA ,' MEET IN& OF FEBRUARY 18, 1992.
Ayes : Council Members Bullock, Van Dyke , Hathaway,
Habenicht, Waggoner , Gulley, Wiggi ns Nays: None
Mot io n carried .
5 . Pre-scheduled Visitors
[ngl~ City Council Minutes
Narch 2, 1992 -Page 2
(a) Barbara Holthaus and Mark Barc1.uk , representing the Swedish Med ical
Foundation presented a framed drawing depicting the historic Mayflower Build •
ing, built in the early 1930s. The Mayflower Building was the first bu i lding
constructed on the property now known as the Swedish Medical Center. Mayor
Wiggins accepted the drawing on behalf of the City and expressed appreciation
to the Swedish Medical Foundation for Its presentation .
7. Non-scheduled Visitors
There were no non-scheduled v Is Hors .
8. C011a1unlcat1ons, ~rocluatlons and AppointHnts
(a) A resolut• •n appointing Kathy Christle as the School Board's rep -
resentative on the Parks and Recreation Commission was considered . The
resolution was assigned a number and read by t i tle:
RESOLUTION NO . 43, SERIES OF 1992
A RESOLUTION APPOINTING KATHY CHRISTIE TO THE PARKS AND RECREATION COft4lSSION
FOR THE CITY OF ENGLEWOOD, COLORAOO, AS ENGLEWOOD SCHOOL BOARD REPRESENTATIVE.
COIIICIL MDIIER ltlLLEY MOVED, All> IT WAS SECOfl>ED, TO APPROVE RESOLUTION HO.
43, SERIES OF 1992,
Ayes:
Nays:
carried . Ms.
Co1111cil Mellbers Bullock, Van Dyke,
Habenicht, Waggoner, Culley, Wiggins
None
Chrlst1e's tem of office will expire February
Hathaway,
l, 1996 .
\b) A proclamation recognizing Heather Venard as a noainee for the YMCA
Mayors and Conmlssioners 1992 Youth Award was considered .
COUNCIL NDIBER HAIDIICHT NOYED, AND IT MAS SECONDED, TO APPROVE A PROCLAMATION
HONORING HEATHER VEW,illl.
Ayes: Council Mellbers Bullock, Van Dyke, Hathaway,
Habenicht, Waggoner, Gulley, Wiggins
Nays: None
Motion carried . [See Agenda Item 12Bii for a related action .]
(c) A proclamation recogn i zing Mary White as a nominee for the YMCA
Mayor s and Corrm i ssioners 1992 Youth Award was considered.
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COUNCIL NENBER HABENICHT MOVED, A.Ill IT WAS SECONDED, TO APPROVE A PROCLAH~TION I
HONORlN6 NARY MHITE.
Aye s: Council Members Bullock, Van Dyke, Hatha 1-1a},
H~benicht, Waggo~er, Gulley, Wig gins
Nays : None
Motion carried . The proclamation wa s read i n its en 1 irety an d pre se nted l o
Ms. White. [See Agenda Item 12Biii for a related action. J
(d) A proclamat io n recognizing Keith Va n No t e as a no mi nee fo r th e Y~iCA
Mayor s an d Comm iss ion e r s 1992 Youth Award wa s consi de red.
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En9l1WOOC1 City council Ntnutes
March 2, 1992 -Page 3
CCUl:IL NEJtllEll HAIDIICHT, IIOVED, AND IT WAS SECONDED, TO APPROVE A PROCLANA •
TUIN HONORING KEITH VAIi NOTE.
Ayes: Council Mcm~~r , Bullock, Van Dyke, Hathaway,
Habenicht, ~il,i.•1,· ·,. Gulley, Wiggins
Nays: lone
Motion carried . The proclamation wu ud in its entirety and presented to
Mr. Van Note . [See Agenda Item !281'1 for a related action .]
9 . Public Hear in g
No publ ic hearing was schedule~ before Cou nci l .
ID . Approval on Second Read1ng
COUNCIL MENIER HATHAWAY MOVED, MD IT VAS SECONDED, TO APPROVE ON SECOND READ -
ING A&EMDA ITEN 10 (a) AS FOLLOIIS:
(a) ORDINANCE NO. 10, SERIES OF 1992 (COUNCIL Bill NO . 7, INTRODUCED BY
COUNCIL MEMBER GULLEY), ENTITLED:
AM ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY CONPANY ANO THE STATE DEPARTNENT OF
TRANSPORTATION FOR PROJECT FCU (CX) 08S-2 (054) · PE. SUCH CONTRACT PROVIDES
FOR THE CONSTRUCTION AND MAINTENANCE OF THE NAVAJO TRUCK ROUTE AND THE RAILWAY
SPUR CROSSING.
Ayes: Council Nllll>ers Bullock, Yan Oyk1, Hathaway,
Habenicht, Waggoner, Gulley, Wiggins
Nays: None
Hotion carried . For the record it was clarified that the lighting , referred
to In the agree11ent as 111ercury vapor, ts 111etal halide.
11. Ordinances, Resolutions and Notions
(a) Neighborhood Services Adm inistrator Stitt presented a reconnenda -
tion fro11 the Department of Conaunity Develol)lllent. to adopt a resolution ap -
prov i ng an Amended Planned Developnent for property located at 2400 West Un io n
Avenue. Nr. Stitt adv ised Council that this property had been purchased re -
cently from the City by Waste Management Denver South. The Planning Col'llllis-
sion held a publ le hearing on January 23 , 1992, relative to the Planned
Development, a~d recol'll!lends approval by City Council, with the recomendatlon
contingent upon approval by the Utilities Manager of the su~face drainage sys -
tem. Waste Management Denver South has submitted a time frame for construc-
ti on of the surface drainage system which has been accepted by the Ut i litie s
Department. With this acceptance, it is staff 's recommendation that the
resolution be approved without a pub li c hearing before City Council .
Council Member Habenicht expressed conc ern with regard to the public hearin g,
stating that in her opinion it would be appropriat e to hold a publ ic he aring
beca use of the history of the property. She does not believe it would ad -
versely affect the plan , only enhance the credibility of the governmenta l pro-
cess . Di sc ussion ensued .
Englnood City Council Ntnutes
lllrch 2, 1992 • Page 4
COUNCIL NEl9ER HABENICKT NOVm TO SCHEDULE A PUBLIC HEARING OH APRIL 6, 1992,
7: 30 P .M. CONCERNING THE PLANNED DEVELOPMENT FOR PROPERTY AT 2•00 lfEST UNION
AVENUE.
The motion died for a lack of a second.
The resolution was ass i gned a number and re1d by title:
RESOLUTION NO. 44, SERIES OF 1992
A RESOLUTION APPP.OVING THE AMENDED PLANNED DEVELOPMENT IN CASE NO. 1-92 APPL!·
CANT WASTE KANAGEMENT OF DENVER SOUTH .
COUNCIL NDIIER HATHAWAY Novm, All> 1T IIAS SECOfl>ED, TO APPROVE AGENDA ITEM
11(1) • RESOLUTION NO. 44, SERIES OF 1992.
Council He11ber Bullock advised he would absta i n from voting because of a
potential conflict of interest.
Council Member Habenicht stated ~he would be voting in opposition o~l y beca use
of Cou ncil's decision to not hold a public hearing theroby circuONenttng due
process for the citizens .
Vote results \
Ayes:
Nays:
Abshtn :
Motion Cilrried .
Council Helllbers Yin Dyke, Hathaway, Gulley, Waggoner,
Wiggins
Council Hember Habenicht
Council Me•ber Bullock
(b) Executive Officer 01 son, S1fety Services Depart1110nt, presented a
recommendation to adopt a bill for an ordinance approving an Intergovernmental
Agreement creating a Hazardous Material Response Board. Hr . Olson enumerated
the advantages a"~ 11 able to the Cf ty by the creation of th1 s Board. Discus -
sion ensued rela ~ive to the City 's financial obligations, donation of equip -
ment, future impl1cattons, training, etc . The authortty and potential control
of the Board, if approved, was also discussed, as were other means of ac -
complishing the same purpose without the establishment of a quasi gove rnmental
board.
The City Clerk was asked to read Council Bill No. 8 , entitled :
COUNCIL SILL NO . 8 , INTRODUCED BY COUNCIL HEHBER VAN DYK E
A BILL fOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN TltE
CITY OF ENGLEWOO D, COLORADO , THE ARAPAHOE COUN TY BOARD OF COUNTY COHHISSIONERS
ANO THE ARA~AHOE COUNTY SHERIFF 'S DE PART MENT CREATIN G A HAZARDOUS MAT ER!Al
RESPONSE BOARD.
COUNCIL HEHBER VAN DYKE MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
ll(b) • COUNCIL BILL NO. 8.
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Englewood Ctty Council "tnutes
Narch 2, 1992 • Page 5
Council Member Van Dyke spoke in fav!lr of th:? interqovernmental agreement
citing it as a means to reduce the economic burden among the cities and at the
same time Increasing the response potent l 1l in this federally mandat ed
program.
Council Member Habenicht stilted she is in agreement with Council Member Van
Dyke and strongly supports intergovernmental agreements between ent i tie s .
However , she has definite concerns about the dstablishment of a quasi
governmental board and providing that board with authority but without a di -
rect line of accountability to the voter. Yherefore, s;,e announced she would
be voting in opposition.
Vote results:
Ayes :
Nays;
Motion carried.
Council Members Bullock, Van Dyke, Hathaway, Gulley,
Waggoner, Wiggins
Council Member Habenicht
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COUNCll NDIIElt HATIIAIIAY IIOYED. MID IT VAS SFCONOED. TO SUSPEND TIIE RULES OF
OMuat All> IRIN& FORIWtD MENDA ITEN 12(b)(H).
Ayes: Council Henlbers Bullock, Van Dyke, Hathaway, Gulley,
Waggoner, Habenicht, W1gg1ns
Nays: None
M:ition carried.
12. (b) (11) A r!solution supporting the nomination of Heather Venard for
the YMCA Metropolitan Nayors and Con11issioners 1992 Youth Award was con-
sidered . The resolution was assigned a number and read by title:
P.ESOLUHON NO. 45, SERIES Of 1992
A RESOLUTIOfl SUPPORTING HEATHER VENARD FOR THE YMCA METROPOLITAN MAYORS AND
Cot941SSIONERS 1992 YOUTH AWARD.
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
12(b)(ii) • RESOLUTION NO. 45, SERIES OF 1992.
Ayes: CoU11cil Members Bullock , 'Ian Dyke , Hathawa y. Gu l 1 ey,
Nays:
Motion carried.
i ts ent i rety and
Waggoner, Habenicht , Wiggins
None
The proclamation approved as Agenda Item B (b) wa s read in
pr e 5ent ed to Ms . Venard .
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12 . General Discussion
(a ) May or 's Choice
Mayor Wig g i ns de f e rred to Coun ci l Member 's Cho i -e.
Englewood City Counc11 Minutes
March 2, 1992 -Page 6
(bl Council Member's Choice
(I ) A resolution supporting the Reglo~al Transportation District's
decision to pursue construction of the Metro Area Connection (MAC) Transit
Corr Hor utilizing an al 1gnment from Auraria Campus t o 1-25 and Broadwa y was
di scu.sed. The resolution was assigned a numbet" a~d read by t itle:
RESOLUTION NO. 46, SERIES OF 1992
A RESOLUTION SUPPORTING THE REGIONAL TRANSPORTATION DISTRICT 'S DECISION TO
PURSUE CONSTRUCTION OF THE METRO AREA CONNEC TION TRANSIT CORRIDOR UTILIZ ING AN
ALIGNMENT FROM AURARIA CAMPUS TO 1-25 ANn BROADWAY.
COUNCIL MENIER HATHAWAY ttOV£D, All> IT WAS SECONDED, TO APPROVED AGENDA ITEM
12(b)(i) -RESOLUTION NO. 46, SERIES OF 1992.
Ayes: Council Members Bullock, Van Dyke, Hathaway , Gulley,
Waggoner , Habenicht, Wiggins
Nays: None
Motion carried.
(11) This agenda 1te• was 110ved forward -see page 5.
(iii) A resolution supporting the nomination of Ma r y White for the
YMCA Metropolitan Mayors and Ca.iissioners 1992 Youth Award was considered.
The resolution was assigned a number and read by title:
RESOLUTION NO. 47, SERIES OF 1992
A RESOLUTION SUPPORTING MARY IIHITE FOR THE YMCA METROPOLITAN MAYORS AND COM -
MISSIONERS 1992 YOUTH AWARD.
COUNCIL MEMBER HABENICHT MOVED, AHO IT WAS SECONDED, TD APPROVE ABENDA ITEM
12{b)(i11) -RESOLUTION 47, SERIES OF 1992,
Ayes: Counci 1 Members Bullock, Yan Dyke . Hathaway, Gulley ,
Waggoner, Habenicht, Wiggins
Nays: None
Motion carried.
(iv) A r esol ut ion supporting the nomination of Keith Va n Note for
the YHCA Metropolitan Mayors and Commissioners 1992 Youth Award was con-
sidered. The resolution was assigned a number and read by title:
RESOLUTION NO. 48, SERIES OF 1992
A RESOLUTION SUPPORTING KEITH VAt-1 NOTE FOR THE YH CA METRO PO LITAN MAYO RS ANO
COMMISS IONER S 1992 YOUTH AWARD .
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
12(b)(iv) -RESOLUTION 48, SERIES OF 1992,
Ayes: Council Members Bu l lock, Va n Dyke, Hathaway , Gl1 lley ,
Waggoner, Habenic ht, Wiggins
Nays : None
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Englewood City Council Minutes
March 2, 1992 -Page 7
Motion carr i ed.
(v) Counc i l Member Gulley :
l . She ind i cated she had received a complaint abou t the remov t : of a ha ndi-
cap access ramp at an apartment at 3655 South Pearl Street. She requested
staff investigate the complaint .
2 . She inqu i red about the next meeting of the Privat i zation Conrnittee ; s he
was advised the connittee will meet Friday, March 6 at 8 :15 a .m. In Conference
Room A.
3 . With regard to the Farmers ' Market no longer being able to use the park -
ing lot on South Acoma Street, Ms. Gul l ey requested that staff work with the
Chllllber's Economic Development C01111ittee to identify other locations where the
market may be welcome. Various problems associated with the 11arket and the
EOOA 's posit i on in th i s matter were discussed .
(vi) Council Member Habenicht:
l. She thanked Council for its support of her attendance at the NLC Con -
ference in Washington, 0. C. In addition to representing the City of Engle -
wood as a member of the Colorado contingency, she will participate as a member
of NLC 's FAIR Policy Connittee. She requested that Council assist her in
prioritizing the 1992 legislative issues.
2. She shared copies of her response to the Rocky Mounta In News editorial
concerning HB1193, Privatizat i on.
3 . With regard to parking problems in the residential areas adjacent to
Swedish Medical Center, she rel11ed "1". Wood 's coraents concerning enforce -
111ent. She advised Council she plans to bring this back to Counc i l after she
has an opportunity to review it. Council Member Hathaway suggested Ms .
Habenicht review recent minutes of the Swedish Task Force for additiona l i n-
sight into the matter .
4. Ms . Habenicht inquired about the Concrete Task Force and was advi sed the
group wi ll be assembled by the middle of next week (week of March 9 , 1992).
(vii) Coun c il Member Waggoner suggested Counc i l cons i der Initi at -
ing a committee to develop an action plan with regard t o revenues and Ci t y
services . He expressed concern over the City 's options if rev l!nues continue
to decline and he would like to establ i sh a po i nt of st abi l i t y. Af te r f urt her
disc ussion ,
COUNCIL MEMBER VAN DYKE "OVED, ANO IT WAS SECONDED, TO AUTHORIZE THE FORMATION
OF A REVENUE COMMITTEE TO ADDRESS REVENUE CONCERNS AND CITY SERVICES AND TO
DEVELOP AN ACT ION PLAN FOR BOTH SHORT AND LONG TERM CONCERNS OF THE CITY OF
ENGLEWOOD.
Ay e s : Count i 1 Mem be r s Bul 1 oc k, Van Dyk e, Hat away , Gu lley ,
Waggoner , Hateni cht , Wiggi ns
tJ ay s: None
Englewood City Council "inutes
Narch 2, 1992 -Page 8
Motion carried .
(vii i ) Council Membe r Van Dyke:
l . With regard to shopping carts i ndiscriminately left througho ut the City,
Ms. Van Dyke suggested City staff do whatever it can to re t rieve the carts an d
r eturn t hem to the approp ri ate stores.
2 . She shared copies of the program for the Eigh t h Annual Southwestern
Regional Solid Waste Symposium to be held in Oklahoma City March 31 -April 2 ,
1992. She is a scheduled presenter on March 31st and r equested Counc i l's ap -
proval of her use of discret i onary funds for mileage . After furthe r
discussion,
COUICIL MENIER VAN DYKE MOVED, lilll IT WAS SECONDED, TO AUTHORIZE THE EXPDIOI·
TURE OF APPROXIMATELY $100 FOR MILEAGE EXPENSES FRON FIRST QUARTER DISCRETION-
MY FUNDS.
Ayes:
Nays:
Hotion carried.
Counc i1 Members Bullock, Van Dyke, Hathaway, Gu ll ey,
Waggoner, Habenicht, Wigg i ns
None
(Ix) Council Metlber Bullock:
I. He advised Council he will be in Washington, o.c. on business later 1n
March and i s willing to extend his trip by one day for the opportunity of lob -
bying various l99islatnrs and IIM!llbers of Congress. In order to do so, he re-
quested Council's approval of expenditures for one night's lodging and one
day's per diem. After discussion,
COUNCIL NE'llllER VAN DYKE MOVED , MIi IT VAS SECONDED, TO AUTHORIZE COUNCIL MEN-
IO. BULLOCK'S EXPOOITUR.ES, NOT TO EXCEED THE FIRST QUAlTER DISCRETIONARY
FUIIDS, FOR THE PURPOSE Of LOIIYINC IEIIERS OF CONGRESS IN WASMIN&TON, D.C.
Ayes : Counc i l Mellbers Bullock, Van Dyke , Hathaway , Gulley,
Nays:
Hotion carried .
Ci ty Attorney i n
Waggoner, Habenicht, Wiggins
None
Hr. Bullock requested the ass i stance of the City Manage r an d
scheduling the best use of his time in t his effort.
(x) Mayor Wiggins reported on the unveil i ng of the rest or ed Cher-
r elyn Horsecar which took place Sunday, March 1 , 1992. He co mmend ed th e
craftsmanship of t he restorat i on . He encouraged everyone to view the Ho rsecar
wh i ch is on display at Cinderella City and expressed hope that everyone wi 11
co ntr ib ~te ge ne rou s ly to the fu nd f or its pr opos ed new home i n Ci ty Hall .
13 . City Manager's Report
Hr. Fras e r d id not have any mat t e rs to bring be for e Cou nc il .
14. Ci ty Attorney 's Report
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Englewood C1ty Counc11 Minutes
March 2, 1992 -Page 9
(a) Hr . DeWitt provided in formation concerning the sett l ement of Case
No . 80 CW 039 -0£NV£R/PLATTE CANON. He requested auth orizat i on to procee d
with the settlement .
COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO AUTHORIZE SETTLEMENT IN
CASE NO. BO CW 039 -DENVER/PUTTE CNION,
Ayes; Council Members Sul lock, Van Dyke, Hathaway, Gu lley ,
Waggoner, Habenicht, Wiggins
Nays : None
Motion carried.
{b) Hr. DeWitt spoke at length concerning SUPERFUND, specifically
Adolph Coors Bottling Company 's posit i on which affects adversely the burden of
liability for municipalities.
15. Adjour,-nt
COUNCIL MENIER IIATIIAIIAY MOVED TO ADJOUIN. The meeting adjourned at 9:00 p .m.