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HomeMy WebLinkAbout1992-03-16 (Regular) Meeting MinutesI I ENGLEWOOD CITV COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session March 16, 1992 1. Call to Order The reg ul ar meet i ng of the Englewood Ci ty Count l l was called to order by Mayor Wiggins at 7:40 p.m . 2. Invocation The i nvocation was g i ven by Council Member Bullock. 3. Pledge of Allegiance The Pledge of Alleg i ance was led by Mayor Wigg i ns . 4 . Ro11 Call Present : Absent: A quorum was present . Also present: S. Minutes Council Members Hathaway, Van Dyke, Gulley, Bu ll ock, Habenicht, Waggoner , Wigg i ns None Ci ty Manager Frase r City Attorney DeWitt Deputy Ci ty Manager Mart i n City Clerk Crow Director Barthlome, Adm i ni strative Services Di rector Hayes, Financial Serv i ces Utilit i es Ma nager Wo i ka Director Esterly, Pub li c Works (a ) COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MARCH 2, 1992. Ayes: Counc i l Me mbers Bu l lock , Van Dyke, Hat hawa y , Habe nich t , Waggoner , Gull ey , Wiggin s Na ys : No ne Mot i on c.rri ed . (b) COUNCIL MEMBER GULLEY MOVED, ANO IT WAS SECONDED, TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF MARCH 9, 1992 PUBLIC HEARING. EnglNOOd City Council Minutes March 16, 1992 -Page 2 Aye s: Na ys : Abst a i n: Mot i on carr i ec. Co unc i l Members Bullock, Van Dyke, Hathaway , Waggon er , Gulley , Wiggins None Counc i l Member Habenich t 6. Pre-scheduled Visitors (a) Sue Chynoweth , Reven ue Div i sion, Fi nanc i al Se r vices Department , was hono r ed as the Ci t y of Englewood 's Employee of t he Month for March . (b) William Forlngton was not present as scheduled. 7 . Non-scheduled Visitors (a) Gary Kozatek, 1260 West Oxford Avenue, addressed Council concern i ng the State Highway construction along the Santll Fe corridor, specifically the ac (ess roads . He wanted Co uncil to be aware that the State, dur i ng a publ i c hearing be f ore the Publ i c Ut i lities Corrmlssion , had agreed to furn i sh alterna- tive routes during the construction phase which would avoid resident i al streets . 8. c-ntcatlons, Proclaaatlons and AppotntNnts There were no Items to be considered under thi s section . 9. Public Hearing No public hea~i ng was sc eduled before Council . 10. Approval on Second Reading COUNCIL MEMBER YAN DYKE MOVED, AND IT VAS SECOIIDEO, TO APPROVE ON SECOND READ- ING AGENDA ITEM 10 (a) AS FOLLOWS: (a) ORDINANCE NO. 11, SERIES OF 1992 (COUNCIL BILL NO . 8, tNTRODUCEO BV COUNCIL MEMBER VAN DYKE), ENTITLED : AN ORDINANCE APP ROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF EN · GLE WOOD , CO LORAD O, TH E ARAPAHOE CO UNTY BOARD OF COUNTY COMMISSIONERS AND TH[ ARAPAH OE COUN TY SH ERI FF' S DE PARTMENT CREATING A HAZARDOUS MATERIAL RESPONSE BOARD . Ayes: Nay s : Moll on carried. Cou ncil Member s Bull oc k, Van Dyke , Hathawa y, Waggo ner , Gulley , Wigg i ns Co un c il Me mber Haben i cht 11 . Ordinance s, Resolution s and Mot i ons I I I I En9lewood C1ty Council Minutes March 16, 1992 -Page 3 ( a) Di rector Barth 10111e presented a reco11111e ndat ion from the Department of Admin is trative Services to approve a t wo-year lease wi th Le,ian and Associ - ates for ten new Sharp copiers. Hs. Barthlome explained the bidding process, an d recolTlllended approval of the second low bid of Lewan and Associates in the amoun t of $4 ,408 .08 per month . COUNCIL MEMBER VAN DYKE MOVED, AND IT WAS SECONDED, TO APPROVE THE BID OF LE- WAN AND ASSOCIATES IN THE AMOUNT OF $4,408,08 PER MONTH FOR A TWO-YEAR LEASE FOR TEN SHARP COPIERS. Ayes : Nays : Motion carried. Council Members Bullock, Yan Habeni cht, Waggoner, Gulley, Wiggins None Dyke, Hathaway, ( b) DI rector Hayes presented a reconrnendat ion from the Department of Financial Services to adopt a bill for an ordinance amending the Englewood Municipal Code relative to Going Out of Business Sales . Ms. Hayes stated the amendment would allow the S50 license fee to be refunded to the licensee after the final sales tuces are re.itted to the City. Additionally, the sales tax deposit will be calculated at the current sales tax rate of 3-1/2'. and licen- ses shall be locat i on specific and limited to one per year per license . The City Clerk was asked to read Council Bill No . 10, entitled : COUNCIL BIL L NO. 10, INTRODUCED BY COUNCIL MEMBER VAN DYKE A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 12, SECTION 3, OF THE ENGLE - WOOD MUNICIPAL CODE WHICH DEALS WITH GOING OUT Of BUSINESS SALE LICENSE. COUNCIL NENIEI VAN DYKE IIOVED, AND IT IIAS SECOND£D, TO APPIIOVE MENDA ITEM ll(b) -COUNCIL BILL MO. 10. Ayes: Council Members Van Dyke, Hathaway, Habenicht, Wag- goner, Gulley, Wiggins Nays: Council Member Bullock Motion carr i ed. (c) Utilities Manager Woika presented a reco11111endatl on from the Utili - ties Department to adopt a bill for an ordinance approving an agreement wi th South Suburban Park and Recreation District for groundwater underlying the Arapahoe County Fairgrounds. Hr. Woika explained the procedure by which the water wou l d be tran s ferred utilizing the City Ditch. He also confirmed that the Distri ct would compensate the City for the construction and pumping costs . The City Clerk wa s asked to read Council Bil l No . 12, entitled : COUNCIL BILL NO . 12, INTRODUCED BY COUNCIL MEMBER GULLEY A BILL FOR AN ORDI NANCE APPROVING AN AGREEMENT WITH SOUTH SUBURBAN PARK AN O RECREAT ION DISTRICT AND THE CITY OF ENGLEWOOD WHEREB Y SOUTH SUBURBAN GIVES APPROVA L TO ENGLEWOOD FOR THE WITHDRAWAL OF THE GROUNDWATER UNDERLY ING THE ARAPAHOE COUNT Y FAIRGROUNDS . Englewood City Council Minutes Narch 18, 1992 -Page 4 COUNCIL NENBER GULLEY NOVED, ANO IT WAS SECOfl>ED, TO APPROVE AGENDA ITEN ll(c) -COIJICJL BILL NO. 12. Ayes: Nays: Motion carried. Council Members Bullock, Van Habenicht, Waggoner, Gulley, Wiggins None Dyke, Hathaway , (J) Director Esterly presented a recommendation from the Department of Public Works to adopt a bill for an ordinance approving easements for property located at the southeast corner of West Quincy and South Windermere. Discus- sion ensued relative to Council Bill No. 13, copies of which had been provided with the agenda packet, and Council Bill No. 13.l, a revised version . City Manager Fraser reco11111ended passage of Council Bill No . 13.2 which reflects the needs of the property owner and pro f·ects the City's right-of-way for future roadway purposes. Council Member Habinlcht pointed out that Council Bill No. 13 reflected the study session discussion and she preferreJ either to pass Council 8111 No. 13 or postpone action in order to allow property owners In the area to express legitimate concerns. City Manager Fraser and City Attor- ney DeWitt explained the details of the penaanent easement and the temporary ease11ent as described In Council Bill No. 13.2. After much discussion, the City Clerk was asked to re1d Council 8111 No. 13, entitled: COUNCIL BILL NO. 13, INTRODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE APPROVING AN EASEMENT AGREEMENT BETWEEN GLENVIEW, LTD. · FRONT RANGE ijEVERAGE COMPANY AND THE CITY OF ENGLEWOOD. COUIICIL IIDIIEI MIDllCHT MOVED TO APNOYE MUIDA ITDI ll(d) -COUNCIL BILL NO. 13. The motion died for a lack of a second. The City Clerk was asked to read Council Bill No. 13.2, entitled: COUNCIL BILL NO. 13.2, INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE APPROVING AN EASEMENT AGREEMENT AND A TEMPORARY EASE- MENT AGREEMENT BETWEEN GLENVIEW, LTD., ANO THE CITY OF ENGLEWOOD. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENOA ITEM I ll(d) • COUNCIL BILL NO. 13.2. I Ayes: Council Members Bu l lock, Van Dyke, Hathaway, Wiggins Nays : Council Memb er s Habenicht, Waggoner , Gulley Motion carried. Dur i ng discussion of this agenda item, Council Member Bullock req uested that staff review pro perties in the Navajo /Windermer e project wh i ch may involve c ircumstances for which s imilar offers may be made. I I En911WOOd C1ty Counc11 Minutes March 16, 1992 -Page 5 (e) City Atto rn ey DeWitt pre sented a r eco111nendat i on to adopt a bill for an ordin ance amen din g t he pr ocedur e fo r selling Project BUILD prope rties . Hr . OeW i t t ex p 1 a t ned t he pro bl ems be i ng en cou ntered with t he f i nan c Ing of t he se proper ties becau se of t he deed restr i ct i ons. The re co11111endat i on i s to no lo nge r 11 st those restr i ctions on the deed an d to have them approved 1n a sep - ar at e docum ent . The City Cl e r k was as ked t o read Co uncil Bi ll No . 9, en ti tled : COUNCIL BILL NO . 9, INTRODUCED BY COUNCIL HEH BER HABENI CHT A Bill FOR AN ORDINANCE AM ENDING THE PROCEDURE FOR INVOKING TERMS OF SAL E ON PROPERl IES WHICH WERE DEVELOPED FOR THE "BUILD " PROJECT . COUNCIL MEMER HABENICHl MOVED, AND IT WAS SECONDED, lO APPROVE AGENDA ITEtl ll(e) -COUNCIL IILL NO . 9. Counc i l He111ber Habenicht expressed her support of these changes. Di scussion ensued . Hr . DeWitt responded to var i ous quest i ons and conwnented upon the need to move these propert i es in order for Project BUILD to move forward . Vote resu1ts: Ayes: Nays : Motion carried . Counci1 llellbers Bullock, Van Dyke, Hathaway, Habenicht, Waggoner , Wigg i ns Counc11 Member Gul l ey (f) City Attorney DeWitt presented a reconrnendation to adopt a bil1 for an ord i nance a111endlng the Englewood Municipal Code rehtive to alcohol con- sumpt i on by mi nors . The City Cler k was asked to read Council Bill No . 11 , entitled: COUNCIL BI LL NO. 11, I NTRODUCED BV COUNC I L HEHBER BULLOCK A BILL FOR AN ORD I NANCE REPEALING AND REENACTING TITLE 5 , CHAPlER 3C, SEC TION 5 , OF THE ENGLEWOOD MUNIC I PAL CODE. COUNCIL ME"BER BULLOCK KOVED, AHO IT WAS SECONDED, TO APPROVE AGENDA lTEM ll(f) -COUNCIL BILL NO. 11. Aye s: Co unc il Memb e r s Bull ock, Van Dyke , Hat haway, Habe ni cht , Waggo ner , Gull ey , Wig gi ns Nay s: No ne Mot ion c arried. 12. Genera l Discussion (a) Mayor 's Choice May or Wiggins proposed reve r sing the order of Agenda Items 12(a) and 12(b ), ther eby providing Cou ncil Members the op por t uni t y to present their choi ce s firs . Counci l concurred with th is propo sa l for fu t ure meetings. Englewood City Council Nlnutes March 16, 1992 -Page 6 (bl Council Hember's Cho i ce ( i) Council Member Gulley Inquired about an agenda for the April II, 1992 meeting with the departmental directors regarding goals and objec- tives of the City for 1993. It was determ i ned that Mayor Wiggins and Council Member Gulley would work with City Manager Fraser to set the agenda. (ii) Council Member Waggoner: 1. He conwnented that he would like to see more active enforcement of park i ng restrictions throughout the community . 2. He would l ike the City to encourage complete recycling procedures If at all possible . (iii) Council Member Habenicht presented an abbreviated report from the National League of Cities conference in Washington, D. C., which she attended March & -10, 1992. S0111e of the highl lghts of the conference in- cluded attendance at the Finance, Administration and Intergovernmental Polley Co11111H tee; the Energy, Envl ronrnent and Natura 1 Resources Steer1 ng Cammi ttee; various meetings concerning issues affecting SUPERFUND and ACCE legislation; briefing sessions; lobbying sessions with various legislators and/or their !:tiff representatives . Hs. Habenicht attended several seminars and workshops offered at the conference, various luncheons and round table networking meet- in gs. Her overall impression is that the conference was very worthwhile. A more complete version of her report, Including attachments, Is available in the library for public perusal. (iv) Council Member Hathaway: I . With regard to her recent question about street markings, Hs. Hathaway stated the streets are now marked; however, in her opin i on it would be better to have the streets marked prior to sending out the notices. 2. She inquired about the posslbil lty of having a larger parking area, or at least a 15-minute parking spot, on the north side of West Floyd to accommodate a new bicycle business in that area . 3 . She offered kudos to staff, especially the Victi ms Assistance personnel, for their response to the r ecent Mossbarger fire. 4 . Ms. Hathaway inquired about scheduling another Town Meeting and she sug- gested that consideration be given to naming a Busi ness Person of the Year as well as a Citizen of the Year for 1992 . (v} Council Member Bu l lock: I. He spo ke briefly o f his planned legislati ve visits while in Washington , D. C .. t his month. 2. He r equested that the City Manager review Hr. Noyes' pro pe rty along with other~ ·operties along Winderm ere and Tufts . I I I I Englewood City Council "fnutes "arch l&, 1992 -Page 7 13. City "anager 's Report Mr . Fraser did not have any matters to bring before Council . 14. City Attorney's Report (a) Mr . DeWitt spoke briefly concerning Congressman Schaefer's commit- ment to ask Representative Al Swift for ACCE legislation hearings . IS. Adjournment COUNCIL "E"BER HATHAWAY "OVED TO ADJOURN . The meeting adjourned at 8 :55 p.m.