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HomeMy WebLinkAbout1992-09-08 (Regular) Meeting Minutes' ' l. Call to Order £NGL£Wooo CITY COCJNclL [NGL£WOoo, ARAPAHo[ COUNTY, COLORADO Rl!gular Sessfon September 8, !992 The regular meeting of the Englewood City Council was cal l ed to order by Mayor Wiggins at 7 :34 p .m. Z . Invocation The Invocation was given by Council Member Bullock . 3. Pledge of Allegfance The Pledge of Allegiance was led by Mayor Wiggins. 4. ltoll Call Present: Absent: A quorum was present . Council Metllbers '!athaw-,, Van Dyke, Gulley, Bullock, Habenicht, Waggoner, Wiggins Hone Also present: City Manager Fraser S. Minutes City Attorney DeWitt Assistant City Manager Reid Deputy City Clerk Ellis Ut i lities Manager Wolka Planning Administrator Stitt, Connuntty Development Director Esterly, Public Works ( a) COUNCIL N£NBER GULLEY NOVEO, ANO IT WAS SECONDED, TO APPROV£ THE NINUTES OF THE REGULAR NECTIHG OF AUGUST 17, 19512. Ayes : Council Members Bullock, Van Dyke, Hathaway, Waggoner , Nays : Absta i n: Mot i on carr i ed . Gulley , Wigg i ns None Counc il Hember Habenicht 6. Pre-scheduled Visitors Englewood C1ty Council N1nutes Sapt•ber a. 1992 -Page 2 (a) Recreation Services Hanager Bob Burgener, Golf Course was honored as the City of Englewood's Employee of the Month for September. (b) A resolution appointing Glori& Ulrich to the Englewood Public Library Board was considered . The resolution was assigned a number and read by t it le: RESOLUTION NO. 77, SERIES OF 1992 A RESOLUTION APPOINTING GLORIA ULRICH TO THE PURLiC LIBRARY BOARD FOR THE c1rv OF ENGLEWOOD, COLORADO. COUNCIL MEMBER VAN DYKE MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO, 77, SERIES OF 1992. Ayes: Nays: Motion carried. Council Members Bullock, Van Habenicht, Waggoner, Gulley, Wiggins None Dyke , Hathaway, Ms. Ulrich stated she was looking forward to serving or the library Board. (c) A resolution appointing Barbara Fout to the Englewood Liquor Licensing Authority was considered. The resolution w1s assigned a nU111ber and read by title: RESOLUTION NO. 78, SERIES OF 1992 A RESOLUTION APPOINTING BARBARA FOUT TO THE LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MENBER HATHAWAY MOVED, ANO IT WAS SECONDED, TO APPROVE RESOLUTION NO. 78, SERIES OF 1992. Ayes: Nays: Motion carried. Council Members Bullock, Van Dyke, Habenicht, Waggoner, Gulley, Wiggins None Hathaway , (d) A resolution appointing Barbara Davis to Englewood 's Clean, Gr een , and Proud Co1T111ission Wis considered. The reso l ution was assigned a number and read by title : RESOLUTION NO. 79 , SERIES OF 1992 A RESOLUTION APPOINTING BARBARA DAVIS TO THE CLEAN, GREEN AND PROUD COMMISSIO FOR THE CITY OF ENGLEWOOD , COLORADO . COUNCIL "EHBE~ HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 79, SE RIES OF ,992. Aye s: Nay s: Motion c arried . Co uncil Members Bullock , Van Habe nicht, Wagg oner, Gulley , Wiggins None Dyk e , Hathaway , I I I I Englewood City Council Minutes Sept•b•r 8, 1992 • Page 3 7 . Non-scheduled Visitors There were no non-scheduled vis itors. 8. Co"'11unicat1ons, Proclamations and Appointments (a) A proclamation proclaiming the month of September, 1992 as Square Dan ce Month was considered. COUNCIL NDIBER YAN DYICE MOVED, AND IT WAS SECOlllED, TO PlOCLAIN THE IIONTH OF SEPTEMBER 1992 AS SQUARE DANCE NONTH. [Cl erk 's Note : A fonnal vote was not taken.] (b) COUNCIL NENBER HATHAWAY NOYED, AND 1T WAS SECOIIIED, TO ACCEPT 111TH REGRET JIN TYNAN'S LITTER OF RESIGNATION AS A MEMBER OF THE ENIILEVOOD POLICE PENSION BOMD. Ayes: Nays: Motion carried. 9 . Public Hearing Council Members Bullock, Yan Dyke, Habenicht, Waggoner, Gulley, Wiggins None No public heartng was scheduled before Council. 10 . Approval on Second Reading Hathawl.Y, tl)l,!MCIL NEIIID COLLEY IIOYED, MD 1T IIAS SECOIIIED, TO APPROVE ON UCOII> READING Al~ENDA ITEJI JO (a) AS FOLLOWS: (a) ORDINANCE NO. 36, SERIES OF 1992 (COUNCIL BILL NO. 32 INTROOUCED BY COUNCIL MEMBER GULLEY) ENTITLED : AN ORDINANCE APPROVING AN INTERGDVERNMENTAL AGREEMENT BETWEEN THE CITY OF EN• GLEWOOD, COLORADO AND THE CITY OF SHERIDAN, COLORADO ESTABLISHING A JOINT POLYGRAPH DIVISION. Ayes: Nays: Motion carried. Counc i l Members Bullock, Van Dyke, Hathaway, Habenicht, Waggoner, Gulley, Wiggins None II. Ordinances, Resolutions and Motions (a) Utilit i es Manager Woika presented a reco11111endation from the Utili - ties Department to approve by a license agreement an easement encroachment for S i1 ver Cll ff Apa r tments. He noted this 1i cense agreement approves the en - croachment of a pool deck and a retaining wall into the water an d sewer ease - ment and a large reta ini ng wa ll i nto the drainage maintenan ce e-is ement. The Water and Sewer Board has reviewed and recommends approval o f the easement . EngllllllOOCI City Council Minutes Saptlltlber 8, 1992 • Page 4 In response to an inquiry from Council Member Gulley, Hr. Woika confirmed that this is an at-risk type of contract; the property owner would be held respon- sible for the entire cost of removal and re i nstallation and any subsequent damage. Council Member Waggoner questioned whether the encroachment was in the flood way of Big Ory Creek. Lengthy discussion ensued. COUNCIL MEMBER WAGGONER MOVED, AHO IT WAS SECOll>ED, TO TABLE AG£NOA ITEII 11 (a) • A LICENSE A&REDIEtfT FOR AN EASEMENT ENCROACIIIENT FOR SILVER CLIFF APART- MENTS UNTIL IT WAS DETERMINED IF THE ENCROACIIIENT WAS IN THE FLOOD VAY. Ayes: Council Members Bullock, Van Dyke, Hathaway , Habenicht, Waggoner, Gulley, Wiggins Nays : None Mot ion curt ed. (b) Planning Adm i nistrator Stitt presented a reconnendation from the Department of Co11munity Development to adopt a bill for an ordinance creating a ne1o1 zone classification, 8-3, Business, and to set October S, 1992 as the date for the Public Hearing on the issue. The Planning and Zoning Co111111ss1on had considered the new zone classification over the course of several meetings and a public hearing and is rec011111ending that Council establish the zone clas- sification as B-3, Business. He noted the purpose of the new zone dtstrict ls to recognize the unique character and conditions that exist on a portion of the existing B-2 zone district in Englewood along Vest Evans Avenue. He pointed out that that area is significantly different than other 8-Z areas in Englewood. The current 8-2 zoning does not provide for the saae type of uses that the area adjacent to the West Evans corridor allows which is located in the City of Denver. The Denver portion uses ire 110re auto related. Some of those uses are permitted in the current B-2, but they ire peraitted as condi- tional uses . The B-3 would also include special contractors and construction trades as a pemitted ~se, which is not peraitted in the 8-Z zone. He dis - cussed several options that had been considered by the Planning and Zoning Commission. In summation, he explained this would provide a transition zone between co11111erci1l and industrial uses since that B-2 area 1buts a portion of the 1-1 and 1-2 Industrial Districts. There was some concern expressed at the Conrnission's public hearings by the residents in the adjacent R-2-C areas and, to address their conc ~r ns, fencing and screening requirements ...ere Increased where 8-3 areas would abut or be adjacent to residential areas. He explained whether a business abuts the R-2 -C or abuts a house that happens to exist in that 8-2 or 8-3 area, those screening requirements would apply . Hr. Stitt stated the Planning and Zoning Commission believes the proper types of protec- tion for those residential areas have been applied, along with more incentive for redevelopment in that corridor. Council Member Gulley asked if they had cons i dered rezoning the area in - dustrial . Hr . Stitt stated yes, but that area is geared more towards a com- mercial corridor, and that by converting the B-2 to 1-1 it would allow many types of uses that would be fa irly incompatible with the adjacent commercial development. The Deputy City Clerk wa s asked to read Council Bi ll No . 35 , enti tled : I I I I Entlewood C1ty Coun c i N1nutes Sept•ber 8, 1992 -~6ge 5 COUNCIL BILL NO. 35 , INTROOUCEO BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTION 12, OF THE EN - GLEWOOD MUNICIPAL CODE 1985 BY ADDING A NEW SUBSECTION 12 .1, WHICH CRf TES A NEW ZONE CLASSIFICATION 8-3 BUSINESS DISTRICT. COUNCIL NDIBER HATHAWAY IIOVED, AND IT WAS SECONDED, TO APPROVE A&ENDA ITEN ll(b) -COUNCIL ~ILL NO, 35. Counc il Member Habenicht questioned the vote on the approva l of the new zone district by the Planning and Zoning Conrnission. Mr . Stitt explained that the Planning and Zoning CoR111lss i on voted on the recommendation at their August 4 , 1992 meeting, the vote was S ayes, 2 absent, I abstention . Council Member Habenicht stated she would vote in favor of the .ordinance on first read i ng with the understanding that it is a very controversial issue , and she will be considering cit i zen co-nts during the public hearing. Council Member Gulley asked about the effects of this change on the residen- tial community in that area . Mr. Stitt replied that he did not think It would have a great Impact. There was s0111e concern expressed at the public hearing that the inclusion of . the adult use provisions would Irreparably hara that area. He pointed out it ts an allowable use In the 8-2 zone district and it was included in the 8-3 zone district to keep those zone districts consistent. In tenas of the other uses, several lnqul rles have been received fr011 lndi- vidual sand businesses who were Interested in either relocating their business fr0111 one part of Englewood to that area or relocating fNIII SOllle other part of the 111etro area. Those types of businesses (auto body shops/auto repair) were not compatible with that zone district . He e,iplained that this issue c1111e about because of problems associated with some of the lots which are zoned B-2 but the rear portions of the lots are zoned R-2-C. The Connission be11eves the change from 8-2 to 8-3 w111 provide more of a stimulus for that area to redevelop as It allows uses which are prevalent in that area. Council Member Waggoner questioned if there are other areas In Englewood that would lend Itself to this classification. Mr. Stitt stated there are a couple of areilS that have a large portion devoted to auto related uses, and on the surface it might seem reasonable that this new zone district would apply, but he would counsel against it . He felt the area near Swedish Medical Center would be exper i encing growth in the service rehted Industry to support the Center. He stated Evans Aver11,n is a secondary c011111ercial corridor and Its nature is significantly differnnt from Broadway , Federal or East Hampden. Council Member Habenicht noted r.at Hr . Stitt had made the cor,111ent that it was unlikely th at the B-3 would develop in terms of duplexes because it would be adja cent to the businesses. She asked If he felt the residential area that has developed there would have developed if this zoning were in place . Hr . St i tt replied he was not sure It woul d have developed in the same way . He offered further i nformat i on about the unique parcels exist i ng In that area. Engl.wood C1ty Counc11 N1nut•• S.pt•bar a, 1992 -P•t• 6 City Attorney DeWI tt commented that the quest ions and discussion regarding this subject are issues which should be raised again at the public hearing . City Manager Fraser assured Council that these tssues would be incorporated into the Public Hearing presentation . Vote results on Agenda Item Jl{b) -Council Bill No . 35: Ayes : Nays : Motion carried. Council Members Bullock, Van Dyke , Hathaway, Habeni cht, Waggoner, Gulley, Wiggins None COUNCIL ME"8ER HATHAWAY NOVED, AND IT WAS SECONDED, TO SET A PUBLIC HEARING FOR OCTOBER 5, 1992 AT 7:30 P.M. TO CONSIDER THE ESTABLISHMENT OF A B-3 ZONE CLASSIFICATION. Ayes: Nays: Hotion carried. Council Hellbers Bullock, Van Dyke, Habenicht, Waggoner, Gulley, Wiggins None Hath1111ay, (c) Phnning Ad11intstrator Stitt presented a rec-ndation fr0111 the Department of Connuntty Developcnent to adopt a bill for an ordinance rezoning a portion of the area bounded by Vest Evans Avenue, South Zuni Street, West Adriatic Place, and South Raritan Street fr011 B-2 and R-2-C to 8·3, and to set October 5, 1992 as the date for the Public Hearing on this utter. Council "811ber Hathawij' Inquired If this Council Bill is contiguous to Council Bill No. 35 and if it addresses sOtN of the concerns of the residents. Mr. Stitt stated this would be the implementation of the B-3 zone district. The Deputy City Clerk was asked to read Council Bill No. 36, entitled: COUNCIL Bill NO. 36, INTRODUCED BY COUNCIL MEMBER GULLEY A BILL FOR AN ORDINANCE APPROVING THE REZONING OF PROPERTY BOUNDED BY THE CEN- TERLINES OF WEST EVANS AVENUE AND SOUTH ZUNI STREET, THEN EAST ALONG THE CEN- TERLINE OF WEST EVANS AVENUE TO THE CENTERLINE OF SOUTH RARITAN STREET, THEN SOUTH ALONG THE CENTERLINE OF SOUTH RARITAN STREET TO THE CENTERLINE OF WEST EVANS AVENUE · WEST ADRIATIC PLACE ALLEY i THEN WEST ALONG THE CENTERLINE OF WEST EVANS AVDlUE · WEST ADRIATIC PLACE ALLEY TO THE CENTERLINE OF SOUTH VALLEJO STREET i THEN CONTI NU ING WEST ALONG THE CENTERLINE OF THE WEST EVANS AVENUE · WEST ADRIATIC PLACE ALLEY EXTENDED TO THE CENTERLINE OF SOUTH ZUNI I STREET; THEN NORTH ALONG THE CENTERLINE OF SOUTH ZUNI STREET TO THE CENTERLINE I OF WEST EVANS AVENUE, FROM R-2-C, MEDIUM DENSITY RESIDENCE TO B-3, BUSINESS ALSO, BEGINNING AT THE CENTERLINES OF WEST ADRIATIC PLACE EXTENDED ANO SOUTH ZUNI STREET; THEN NORTH ALONG THE CENTERLINE OF SOUTH ZUNI STREET A DISTANCE OF 163 FEET; THEN EAST TO THE CENTERLINE OF SOUTH VALLEJO STREET; THEN SOUTH TO THE CENTERLINE OF WEST AD RIATIC PLACE EXTENDED; TH EN WEST ALONG THE CENTER - LINE OF WEST ADRIATIC PLACE EXTENDED TO THE CENTERLINE OF SOUTH ZUNI STREET FROM B-2, BUSINES S TO B-3 , BUSINESS . I I Englewood City Council Minutes Sept•ber 8, 1992 -Page 7 COUNCIL MEMBER GULLEY MOVED, AND IT WAS SECONDED, TO APPROVE A&Efl>A ITEN 11 ( c) -COUNCIL BILL NO. 36. Ayes: Nays : Motion carried. Council Members Bullock, Van Dyke, Hathaway, Habenicht, Waggoner, Gulley, Wiggins None COUNCIL MEMBER GULLEY MOVED, AND IT WAS SECONDED, TO sa A PUBLIC HEARING FOR OCTOBER 5, 1992 AT 7:30 P.H. ON THIS ISSUE. Ayes: Council Members Bullock, Van Dyke, Hathaway, Habenicht, Waggoner, Gu l ley, Wiggins Nays: None Motion carried . It was requested that maps be provided for the publ le hearing reflecting specific areas for the proposed rezoning . (d) Director Esterly presented a rec011111endation from the Department of Public Works to approve a contract for 1992's Overlay Progru to Bit111inous Roadways of Colorado, Inc. 1n the U10unt of $70,271 .25. He noted this was the lowest qualified bidder . He stated the City's past experience with Bituminous Roadways has been very satisfactory. Mr . Esterly conf1raed the project should be completed in late Novellher. COUNCIL NEMER WA&IONER IIOVED, All> IT VAS SECOIIIED, TO APPROVE TIIE CCIHTUCT FOR THE 1992 OVERLAY PROGRAII TO BITIIIIMOUS ROADWAYS OF COLORADO, INC. IN THE MOUNT OF $70,271.25. Hr . Esterly, in response to Council Member Haben i ht's question, stated that l 1/2" is standard for an overlay treataient, but the condition of the existing roadway determines how much material is remo ve d. Vote results: Ayes: Nays: Hotfon carried, Council Members Bullock, Van Dyke, H~thaway, Habenicht, Waggoner, Gulley, Wiggins None (e) Ass i stant City Manager Reid presented a reconmendation from the City Manager's Off i ce to adop t a bill for an ordinance requiring franchisees to pay costs incurred by the City in franchise negotiations . He noted the City cu rre ntly grants franchises to companies who provide services to Engle- wood citizens that utilize the City 's rights -of-way. He advised that current - ly there are franchises with Publ ic Service Company and TeleC0111r.unlcations, I nc. (TCI), and in the past these companies h~ve reimbursed the City for the costs associated with f r anchise negotiations; however, the repayment has never been formalized by Counci l policy . The Federal Cable Act, wh i ch makes provi • sions for the repayment of franchise renewal costs, is the catalyst for for - ma liz in g the repayment of franchise negotiat i on costs. The Deputy City Clerk was asked to read Council Bill No. 33, entitled : Englewood City Council Minutes Sept•ber 8, 1992 -Page 8 COUNCIL BILL NO . 33, INTROOUCEO BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE REQUIRING FRANCHISEE TO PAY THE COSTS INCURRED BY THE CITY OF ENGLEWOOD, COLORADO, IN FllANCHISE NEGOTIATIONS . COUNCIL "E"BER HATHAWAY MOVED, ANO IT WAS SECONDED, Tli APPROVE AGENDA ITEM ll(e) -COUNCIL BILL NO. 33. Ayes: Council Members Bullock, Van Dyke , Hathaway , Habenicht, Waggoner, Gulley, Wiggins Nays: None Motion carried. ( f) Ass I stant City Manager Reid presented a recomendat ion from the City Manager's Office to adopt a bill for an ordinance approving an inter- governmenta l agreement that will formalize our participation in the Greater Metro Cable Consortium, an ad hoc organization with approximately 20 members. The Consortium aims at meeting two specific goals: renewing several metro area city cable franchises within the next three years, and exploring the oppor- tunity to create a long term clearing house for dealing with cable Issues. He explained in detail the benefits the City may realize by participating in the Consorti1m, both in the renewal process t1nd in establishing new franchises. City Manager Fraser and City Attorney DeWitt concurred that by collectivizing the contract the City will have more bargaining power. Other advantages were enumerated by Mr. Reid, who responded tfl questions posed by Council. The Deputy City Clerk was asked to read Council Bill No. 34, entitled: COUNCIL BILL NO. 34, lNTROOUCEO BY COUNCIL MEMBER HATIIAWAY A BILL FOR AN ORDINANCE APPROVING THE CITY OF ENGLEWOOD, COLORADO ENTERING THE JOINT ANO COOPERATIVE INTERGOVERNMENTAL AGREEMENT FOR A GREATER METRO CABLE CONSORTIUM. COUNCJL "E"BER HATHAWAY MOVED, ANO IT WAS SECONDED, TO APPROVE AGENDA ITEM ll(f) • COIJIICJL BILL NO. 34. Ayes : Council Members Bullock, Van Dyke, Hathaway, Habenicht, Waggoner, Gulley, Wiggins Nays: None Motion carried. 12. General Discussion (a) Mayor Wiggins stated Council needs to name a CML Policy Co11111ittee appo i ntee by Septe mber 30 , 1992 . Coun ci l Member Haben i c ht stat ed it wa s her understan d ing and assumption that she wou ld cont i nu e in that rol e. I I I I Englewood City Council ~inutes S.pt .. ber e, 1992 -Page 9 COUNClL "EMBER SULLOCK "OVED, AND IT WAS SECONDED. TO APPOINT COUNCIL "E"BER HATHAWAY TO THE C"L POLICY COMITTEE. Council Member Habenicht suggested that if this c011111ittee appoint111ent is to be changed, that all previous appointments be reconsidered. She announced th at she has been appointed to chair the CML Finance and Administration Con111ittee. Mayor lliggir.s questioned City Attorney DeWitt as to the status of th1s ap • pointment and asked it the:-e is a conflict. Kr . DeWitt stated there are rio set rules to establish co11111ittee appointments. Discussion ensued regard ·,:-; previous procedure . After consultation with Council Melllber Hathaway, Council Het11ber Bullock withdrew his motion. COUNCIL MEMBER GULLEY MOVED. AIIJ IT WAS SECOIIIEO, TO REAPPOINT COUNCIL MElfBER HABENICHT TO THE C"L POLICY COMITTEE FOR 1993. Council Mentber Van Dyke suggested a written policy be established clarifying the procedure for appolnt•nts to CHL and DRCOG. City Manager Fraser stated staff would prepare the policy for Council's consideration . Vote results : Ayes: Nays: Motion carried. Council "81nbers Bullock, Van Dyke, Hathaway, Habenicht, Waggoner, Gulley , Wiggins None (b) Counc il HeCllber's Choice (1) Council He•ber Bullock: 1. He advised staff of a weed problem in the alley of the 2700 block between Bannock and Acoma. City Manager Fraser noted staff has been following up on overgrown weeds 1n all the alleys. 2. He mentioned the CML District III dinner/social hotir, September 30, 1992, which he plans to attend. 3. He stated he had been contacted by KBNO, a station that services the Hi spanic population. Extensiv e discussion ensued concerning the relocation of QXI and the relationship between the two stations. Assistant City Manager Reid has been work ing with the two stations in an effort to find alternatives o accommodate the needs of both stations. {ii) Council Hember Van Dyke wonde red whether there was some th ing the City might do to facilitate the removal of dead trees. City Ma nager Fr aser noted there is a propo s al in the 1993 budget to recreate the forester program, which if approved, would address the problems which have e sc alated due to the unique weather patterns experienced during the past two years . Englewoo4 City ~unc11 Minutes Sept•ber 8, 1992 -Page 10 (i i i) Council Member Habenicht: I . She withdrew the reso l ution support i ng the Colorado Children 's First Act and Init i ative Petition for Ballot Issue. 2 . She quest i oned the st atus of the City Attorney and City Manager evalua- t i ons . Council Member Hathaway stated they had already been delivered and t he Mayor had met with both gentlemen . Lengthy discu s sion ensued regarding the appropr i ate procedure to follow. COUNCIL KENBER HABENICHT NOVED TO SCHEDULE SEPARATE EXECUTIVE SESSIONS TO RE- VIEW THE CITY ATTORNEY AND CITY MANAGER EVALUATIONS, RECEIVE THEIR COIIIENTS AND PREPARE THE FORMAL EVALUATION STATEJIIENT. 1he mot i on d i ed for l ack of a second . (iv) Council Member Waggoner : 1. He clarified, with regard to the City Attorney and City Manager evalua - tions, th1t It WIS Council 's Joint decision at the ye.r-end evaluation to reevaluate in sh 110nths. He stressed that it was not totally his idea to reevaluate in six months. 2. He noted that he finds'1t helpful to have a rup to refer to when asked to cons i der easements. 13 . City Manager's Report (a) Mr . Fraser stated he and Assistant City Manager Re i d would be at - tending the ICMA Conference in Reno next week. Director of Safety Services Stanley wi ll be Acting City Manager during his absence . He advised that be - cause of the ICHA Conference there wi ll not be a study session on September 14 , 1992 . (b) Hr . Fraser reminded Council that the new Connunlty Development Di- rector , Lee Merkel, starts Tuesday, September IS , 1992 and that there would be recept i on later that week . 14. City Attorney's Report (a) Hr. DeWitt d i scussed the Bruce Amendment. He stated he Is rev i ew - i ng the Bruce Amendment to determ i ne its impact s. (b) Mr . DeWitt noted he i s work i ng with Sprint on the payment of their bu si ne s s occupat io n ta x. (c ) The City Attorn ey advised tha t As sistant City Attorney Cha rle s Grinvn's hea l th is decl i ni ng an d he does not have a good pro gnosis . (d) Hr. DeWitt d i scuss ed the De nv er In s urance Sui t i n Tri al Court con - cernin g SUP ERFU ND and advised t ha t t he judge ruled aga i ns t th e Ci t y on t hei r I I I I Engl.wood C1ty Counc11 Ntnutes Sept111ber 8, 1992 -Page 11 motion for surrrnary judgment . He stated he felt it was appropriate to appeal the case. (e) Mr. DeWitt noted that Coors had filed a mot ion to include the City of Englewood in the City and County of Denver case which was filed earlier this year . The motion was denied. He discussed the reasons for the denial . (f) Mr. DeWitt discussed the status of the Storage Tech case in relationship to the Lowry clean-up. (g) Mr . DeWitt conrnented that a proposed agreement wou l d be forthcoming among the municipal entities of Englewood, Littleton, Lakewood, Glendale and the Metro District that states the procedure agreed upon in the event one of the entit i es enters into a lawsuit or agreement with EPA. {h) Mr . DeWitt discussed the statu· of the court case regarding the complaint of barking dogs at 3420 South Sherman. {i) Mr. DeWitt provided Council with an update regarding the following liquor Authority matters: -The Drug Store Liquor license of MO Liquor and Drug was sus- pended for fourteen days, six of which will be held in abeyance ; they will pay a f i ne in lieu of the suspension for e i ght days. -The Tavern Liquor license of Blizzards was suspended for 30 days, all of which will be held in abeyance until the end of the year barring no further violations . The City Attorney al so advised that the owners of the Gothic Theatre are trying to develop some type of a conrnunity base response for that neighborhood . {j) Hr . DeWitt discussed the current Wastewater Treatment Plant regulat i ons. (k) Hr . DeWitt discussed the status of the Rotolo , Smith, and Scott estates. (1) Hr . DeWitt commented on the status of the Lowry Coal iti on . IS . Adjournment COUNCIL ,HEMBER HATHAWAY HOYED TO ADJOURN. The meeting adjourned at 9 :20 p.m .