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Home My WebLink About1992-09-21 (Regular) Meeting MinutesI I I. Call to Order EHGLEVOOI) CITY COUNcJL £N6LEVOOo, ARAPAHo£ COfMTY, COLOttAOo !!9ular Sesston Sept•ber 21, 1992 The regular meeting of the Englewood City Councfl w1s c1lled to order by Mayor Wiggins at 7:34 P-•· 2. Jnvocatfon The Invocation Wis g i ven by Council fllember Bullock. 3 . Pledge of All1gtanc1 The Pledge of Allegl1nce w1s led by Mayor Wiggins. 4 . Roll Call Present: Absent: A quorum w1s present. Council Ne.tiers Hathaw1y, Yin Dyke, Bullock, Habenicht, W1ggon1r, Wiggins Council Heliber Gulley Also present: City Manager Fraser City Attorney DeWitt Assistant City Manager Reid Deputy City Clerk Ellis Employee Services Specialist Caudill, Administrative Services Directo r Hayes, Financial Servi ces Utilit i es Manager Wo i ka En vironmental Serv ic es Administrator Glazier. Community Development Planning Administrator Stitt , Co11111unity Development 5. Mi nutes (a) COUNCIL MENSER BULLOCK H0Y£O, AND IT WAS MINUTES OF THE REGULAR ME£TtHG OF S(PTEMBEA 8, 1992. Ayes: Council Members Bullock , Nays: Absent : Motion carried. Habenicht, Waggone r, Wiggins None Council Member Gulley 6 . Pre -scheduled Visitors SECONDED, TO APPRO~( 11athaway , Englawood Ctty Council Minutes Sept•ber 21, 1992 -Page 2 (a) Hartin Stefanie, a representative of the Color;ido Association of Chiefs of Police, advised that the City of Englewood Poli~e Department has met their Profess i onal Standards Co.plhnce Program. Jje stated the Professional Compliance Program is composed of over 100 standards dealing with police ad - ministration and police procedure . He presented a plaque and State Accredita - tion CertificQ to Safety Services Director Stanley. Director Stanley thanked Hr. Stefanie and noted that the award was the result of dedication and hard work on the part of staff. (b) Employee Services Special 1st Caudill announced that the City of Englewood has once again won a Loss Prevention Award . She Introduced Chris Krall, CIRSA Loss Control Manager, and Harle Jaeger, CJRSA Deputy Executive Officer. Hr. Jaeger conmended the City of Englewood for compliance with the CIRSA loss control standards. He noted the City of Englewood has been very responsive to the l o ss control program and is the first city in the pool to achieve a perfect score. He c-nded the City Council, manage111ent, and all employees for their efforts. Hr. Jaeger s1,ted Englewood's credit is $32,000, which is by far the largest credit of any city in the progr111. He noted the City's good loss history has brought the contribution down in the Worker's Compensation pool and kept it stable in the Property Casualty pool. He stated CIRSA is thankful to have the City of Englewood as a aeal>er of CIRSA. City Manager Fraser recognized the contribution of the employees throughout the organization which have resulted In the awards. He pointed out that DI- rector of Administrative Services Barthloae and E1111loyee Services Specialist Caudill have been Instrumental in developing progr•s that have been adopted by each department to reduce Worker 's Cunpensation Injuries and general liability claims. He noted it has been a conscious effort of each department to bring this under control. Hr. Fraser introduced Tim Greer, the Executive Director of CIRSA , and thanked him for the support he has given the City of Englewood. 7. Non-scheduled Vtsttors (a) Webelos Pack 170, sponsored by Clayton Elementary School , were in attendance to observe the City Council meeting. (b) Eva Eisenberg, 4955 South Galapago, complained about water pressure in her area . Discussion P-nsued. Staff was directed to review the s i tuat i on and report to Ms . Eisenberg and Council . (c) Harvey Bentley, 3270 South Grant, stated he had recently moved to the City , and shared various thoughts, ideas , and sources of revenue for City Council to consider . 8 . Co11111unications, Procla~atlons and Appoint11ents (a) A proclamation proclaiming September 20 -27 , 1992 as Constitution Week was considered . I I I I Engl.wood City Council Ninutes Septeaber 21, 1992 -Page 3 COUNCIL MENIER HATHAWAY MOVED, AND IT WAS UCONDED, TO APPROY( A PROCUNATION PROCLAININ6 THE WEEK OF SEPTENIER Z0-27, 1992 AS COHSTIMION WEEK. Ayes: CouncH Hetnbers Bullock, Van Dyke, Hat.haw1y , Habenicht , Waggoner, Wiggins None Council Member Gulley Nays : Absent : Motion carried. 9 . Public Hearing (a) COUNCIL MENIER VAIi DYKE MOVED, AND IT WAS SECONDED, TO OPEN THE PUBIC HEARING TO RECEIVE CITIZEN INPUT ON THE CITY'S 1993 PROPOSED OPERATING BUDGET. Ayes: Hays : Absent: Motion carried and the Council Members Bullock, Habenicht, Waggoner, Wiggins Hone Council Member Gulley public hearing opened . Van Dyke, Hathaway, Director Hayes, Financial Services Department, provided ,proof of notice of public hearing which was published in the Englewood Herald on September 3 , 1992 . She noted the Proposed 1993 Budget 1s a status quo budget allowing for the same level services as the 1992 Budget. The General Fund repN!sents the •aJor portion of the budget with approxlutely a 3.!n increase over the 1992 Budget. Ttle budget includes a fund balance of Sl ,280,924.00 i!I ttle General Fund which represents 15 .5~ of expenditures. Ms . Hayes advised that the bud - get includes 2 aills of property tax levy, as authorized by the City Charter, for the Public lmprove111ent Fund and the tax rate of 10.35 aills as total taxes for the 1993 General, Debt Service, and Public ilnprovet11ent Funds . Charles Conger, 3373 Vest lllonaoUtft Avtnul, spoke in opposition to tha proposed 2 mill increase. He noted the Valley Sanitation district has been assessing a SS0.00 yearly user fee for deteriorating l Ines for the last five years and they are recommending continuing the fee for another five years . He stated whethe r. it i s called a user fee or tax it is the same. He objected to the City's involvement in revitalizing Cinderella City. Hr . Conger also cited the hiring of an Assistant City Manager and Di rector of C01T111unity Oevelopment as unnecessary. In response to questions from Council Member Bullock, Hr. Conger confirmed he would prefer a cut in services rather than an increase in taxes and felt the i ssue should be put to a vote of the taxpayers . Mayor Wiggins requested Director of Utilities Fonda contact Hr . Conger regard • in9 the Valley Sanitation District user fees. Co u~cil Member Hab enicht po in ted out that the Assistant City Manager and Com- mun i t y Develop men t Director positions are not new administrat i ve positions. Bil Clayton, 958 East Cornell Avenue, recal 1ed the City Manager adv isi ng Counc i l in 1988 that 3n increase in property tax was absolutely necessary for Eng lewood 's economi c health. He noted that the tax i ncrease d i d not take Englewood City council Nlnutes S.pteaber 21, 1992 -Page 4 pl ace .ind Englewood hu grown lean !r ar ,d 110re efficient In the ensuing years. He noted the general fund has Increased by 141 since 1988. Mr . Clayton stated that during this time homes have been devalued, property and sales taxes have increased, and businesses have fa 1~ed. He contended "we cannot tax ourselves I into prosperity .• He feels thl t.ltt of Englewood spends l'IIOre money per citizen than any city In the metro area. Mr . Clayton encouraged Council to look harder at the budget and eliminate current unnecessary programs, to not start any new unnecessary programs, and continue to Insist on innovation and efficiency . Fred Hawley, 3024 South Corona Street, noted .e had perused the Proposed 1993 Budget, The Citizen, and articles in the Engl ~wood Herald regarding the pro- posed budget . He felt the proposed Increase In property tax was unjustified. He felt some of the Items listed In the Public lmprovl!ftlent Fund were optional. Hr. Hawley stated he has had to cut budgets in the past and he thought nothing about a SI or less cut . Council Member Bullock ask~1 lf F ~. Hawley is In favor of putting the proposed tu Increase to a vote of t •· tfl!•N l e. Mr. Hawley responded that he did not think a tu Increase wu necessar; 1n Englewood. COUNCIL NOIIER BULLOCK IIOVED, AND IT IIAS SECONDED, TO CLOSE THE PUILIC HEARi,_, Ayes: Council Nellb1rs Bullock, Yan Dyke, Hathaway, H,benfcht, Waggoner, Wiggins Nays: None Absent: Council ,.._ber Gulley Motton carried and the public hearing closed . (b) COUNCIL MEMBER HATHAWAY NOYED, AND IT IIAS SECOIIJED, TO OPEN THE PUBIC HEMING TO RECEIVE CITIZEN INPUT ON THE HJIHIMY USER TIIUST FUND. Ayes: Council Nellbers Bullock, Yan Dyke, Hathaway, Habenicht, Waggoner, Wiggins Nays: No ne Absent : Council Member Gulley Motion carried . Director Hayes, Financial Services Department, prov i ded proof of notice of publ le hearing which was published in the Englewood Herald on September 3, 1992. She noted State Statute requires that Council hold a public hearing before they determine disposition of the funds . She explained that each year the City receives revenue from the State Highway Users Trust Fund. This revenue comes from the fees that are asse ssed from the registration of drivers I and vehicles, passenger mile taxes on comrnon carriers, and pr i ncipally from the excise tax on gas . The State and Coun ty receive a portion of the revenue and 9% is remitted to the cities based on t he number of auto registrations and miles of streets in those cities. The reve nu e is received monthly and can be used for any type of construction, reconst r ucti on. repair of the street in - frastructure , signals , safety In the publ ic ri ghts -of -way , and for construe • tion and highway maintenance equ i pment . I I EnglM«!Od City Council Minutes Stpt..,.r 21, 1992 • Page 5 Hr. Waggoner asked If the projected figure for 1992 reflected an increu c IJ\• -r past years. Ms. Hayes stated in 1991 we r e•·'l'\1-:i a $672,000 and in 992 a rnl 1993 It is projected that $698,000 will be rer.eived . There were no citizens present who wished to address City Council concerning the Highway User Trust Fund. COUNCIL NENBER HATtlAWAY NOYED, ANO IT VAS str.~NOED, TO CLOSE T'41:. PUILJC HEARIN8. Ayes: Council Hetllbers Bullo~k. Van Dyke, Hathaway, Habenicht, Waggoner , Wiggins Nays: None Absent: Council Hetlber Gulley Motion carried and public hearing clo!e~. 10 . Approval on Second Reading COUNCIL NOIIEA HATHAWAY NOVED, All) JT WAS SECONDED, TO APPROVE ON SECOHD READ· 1111 AaENDA ITENS 10 (1) AND (b) AS FOLLOWS: (a) ORDINANCE NO. 37, SERIES OF 1992 (COUNCIL BILL NO. 33, INTRODUCED BY COUNCIL MEMBER HATHAWAY), ENTITLED: AN ORDINANCE REQUIRING FRANCHISEE TO PAY THE COSTS INCURRED BY THE CITY Of ENGLEWOOD, COLORADO, IN FRANCHISE NEGOTIATIONS. (b) ORDINANCE NO. 38, SERIES OF 1992 (COUIIICIL Bill NO. 34, INTRODUCED BY COUNCIL MEMBER HATHAWAY), ENTITLED: AN ORDINANCE APPRO~ING THE CITY OF ENGLEWOOD, COLORADO ENTERING THE JOINT ANO COOPERATIVE INTERGOVERNMENTAL AGREEMENT FOR A GREATER METRO CABLE CONSORTIUM. Ayes: Nays: Absent: Motion carried. Council Menlbers Bullock, Van Dyke, Hathaway, Habenicht, Waggoner, Wiggins None Council Member Gulley II . Ordinances, Resolutions and Motions (a) Utilities Manager Wolka presented a rec011111endation from the Ut i li - ties Department to approve by motion an easement encroachment for Silver Cliff Apartments . He noted this tssue was discussed and tabl ed at the September 8 , 1992 City Council meeting in order to determine If the encroachment ts the flood way. He advised the facilities are encroaching into both the water and sewer easement and into the drainage easement. He noted the retaining wall is in the flood way. Mr. Woi ka explained that the flood way is an approx im ati on, and it appears that the concrete retaining wall is on or about on the JOO -year flood pla i n bound~ry and , t he re fore, delineates the flo od way . COUNCIL MEMBER WAGGONER MOVED, ANO IT WAS SECONDED, TO APPROVE THE LICENSE AGREEMENT FOR AN EASEMENT ENCROACHMENT FOR SILVER CLIFF APARTMENTS. Englewood Cl ty Councl 1 Minutes Septtllber 21, 1992 -Page & Ayes: Nays : Absent : Motion carried. Council Hembers Bullock, Van Dyke, Hathaway , Habenicht, Waggoner, Wiggins None Council Hember Gulle y (b) Env i ronmenta l Serv i ces Adm i nistrator Glazier presented a recommen - dat i on from the Department of Co11111unlty Develol)lllent to approve a bill for an ord i nance restricting conventional wood burning devices i n Englewood in order to enhance l ocal a i r quality and assist in meet i ng acceptable levels of pol - lutants . He noted the Denver 111etro aru faces three serious air pollut i on problems : carbon monox i de , particulate matter and the brown cloud. Because of these air quality problems the Environllll!ntal Protection Agency has required tha t the State submit plans that obtain and 11alntaln acceptable levels for these pollutants. If the State does not obtain or maintain these required levels, the EPA can impose stringent penalties until cCN11Pli1nce Is 111et. Hr. Glazier adv ised that recent studies have shown that emission from conventional or non -cert1f1ed fireplaces or stoves account for zs, of the brown cloud, up to 301 of particulate mat t~r . and 5~ to 101 of the region 's carbon 110noxlde emissions . There are an est i mated 250,000 conventional wood burning devices In the Ntro area. He stated the Regional Atr Quality Council estimates that without restrictions an additional 30,000 devices could be added over the next several years . Hr . Glazier also po i nted out that Senate Bill No . 92-137, re - cently passed, requires all 1111n i ctpallties or counties within the Denver Ntro area to adopt similar provisions by January I, 1993. Discussion ensued. The Deputy City Clerk was asked to read Council 8111 No . 37, entitled : COUNCIL BILL NO. 37, INTRODUCED BY COUNCIL HEHBER YAN DYKE A Bill FCR AN ORDINANCE MENDING TITLE 6, CHAPTER l, BY ADDING A NEW SECTION 12, TO THE ENGLEWOOD MUNICIPAL CODE 1985, WHICH GENERALLY PROHIBITS THE IN - STALLATION OF SOLID FUEL BURNING DEVICES AND RESTRICTS THE REPAIR AND REPLACE - MENT OF SOLID FUEL DEVICES. COUNCIL NENBEl VAN DYKE MOVED, AND IT WAS SECOll>m, ll(b) • COUNCIL BILL NO. 37. Ayes : Coun c il Members Bullock , Nays : Absent : Mot i on carr i ed. Haben i cht, Waggoner, Wigg i ns None Counc il Member Gulley TO APPROVE AGENDA ITEM Van Dyke, Hathaway, I (c) Env i ronmenta l Services Adm i ni strator Glazier presented a recommen -I datlon from the Depart ment of Community Development to adopt a reso l ution of- f er i ng incent i ves to co nve r t conventional wood bur ni ng dev i ces to clean burn - Ing app l i ances. He re i t erated that there are an estimated 250,000 convention- al woo d burn i ng uni t s i n th e De nve r metro area . All of these contr i but e t o a i r quality problem s . He advised that cleaner burn i ng EPA Phase II cert i fie d gas or pe llet burning un i s pr od uce up to 90,. le s s pollutant s. Hr . Gla zier add ed that the Re g io na l Ai r Qu al i ty Coun ci l has rec ently set a goa l of con- verting 15 ,000 f irep l aces and s tove s annually i n or de r to comply with Fe der al I I Englewood City Counc:11 N1nutes S.pt•ber 21, ltt2 • Page 7 A 1 r Quality Standards. tto,r>·1 -r , ._,,rrent ly convers Ion rates to cleaner burning units are only about 5%. 1 ., :,,.•ed that a local bahk 1s offering loans that are easier for consu:wers to use and less expensive than typical retail spon- sored loans. To encourage participation to convert, a cooperative effort has been undertaken by manufacturers ar,d retailers to offer special discounts in pricing on natural gas l ogs, f1rephce, pellet stoves, new technology wood stoves, and inserts. He pointed out that I disposal and recycling progra• for old wood stoves has been arranged . Mr . Glazier noted the cost of permits average between SlS .00 and $35.00. The ant i cipated loss to the City of issu- ing these pemits without a fee is between 51000.00 and SlS00.00 for the next year. Discussion ensued. The Resolution was assigned a number and read by title: RESOLUTION NO. 80 , SERIES OF 1992 A RESOLUTION AUTHORIZING A "NO FEE" PERMIT FOR THE CONVERSION OF IIOOO BURNING STOVES AND FIREPLACES TO SOLID FUEL BURNING DEVICES THAT COIIILY WITH COLORADO PHASE I 11 AND EPA PHASE 11 STANDARDS. COUNCIL NEJIIO HATIWfAY MOVED, All) JT WAS SEC0tl>£D, TO APPltOYE MEIIDA ITEII 11 (c) -RESOLUTION NO. 80, SERIES OF 1992. Ayes : Council Neflbers Bullock, Van Dyke, Hathaway, Habenicht, Waggoner, Wiggins Nays: None Absent: Council Member Gulley Motion carried. (d) Planning Ad11inistrator Stitt presented a rec011111endation froa the Department of CoalllUnity Oevelol)lll!nt to approve a bill for an ordinance 111end- 1ng the Englewood Municipal Code to Include regulations governl119 recycltng operations. He noted there have been soae recent situations that h1v1 pointed out certain short coniings tn the current ordinance because recycling type operations are not treated as a distinct class of uses . They are handled as either "use by right" or they are strictly prohibited. He advised the amend- ment would add a "use by right" category with restrictions; ff the business has outside storage ;• becomes a •conditional use.• He noted •conditional use • Is addressed in t, nroposed ordinance and would require a public hearing before the Plann ing an • oning Conmission. He discussed the basic criteria that distinguishes a "1>~-,nitted" verses "conditional use.• He reco-nded a public hearing be scheduled for October 19, 1992 . Council Member Habenicht questioned what changes would have to be made In the ordinance to require a more lengthy process for the conditional use . She stated she felt sometimes these things go un~oticed by people, even though the City does everything the law requires. She felt everything we do should pro- vide for the publ ic 's access to the information as much as possible. Various option s were discussed. Mr . Stitt noted "conditional use" hearings require leg al notice and the prop- erty must be posted . Englewood City Counc i l Ntnutes Sept...,_r l, ltH -Pa .. 8 City Manager Fr aser stated that this concern I s part of the reason th i s 1111end - ment was dr afted, as it has been recognized that these issues can have an im- pact on the c&ilr!U nity and it Is Important to •go through a more public process than what ha s been required i n the past.• Coun ci l Member Waggoner questioned if there 1s a way to Incorporate a perfor- mance bond requlreinent I nto the ordinance to address areas whare recyclable mater i als are stored outside . City At t orney DeW i tt concurred that this 111 l ght be a requ i re11111nt that th ~y would need to look. at i n the future . He d i scus sed s0111e possible problem s. Di scussion ensued regarding requ i ring a bond . The Deputy City Clerk was asked to read Council Bill No . 3B, en t itled : COUNCIL BI LL NO. 38, INTRODUCED BY COUNCIL HEHBER BULLOCK A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTION 13 -l ·l LIGHT INDUSTRIAL DISTRICT; TITLE 16, CHAPTER 4, SECTIO!f 14 -1-2 GENERAL INDUSTRIAL DISTRICT ; AND TITLE 16, CHAPTER 8 , SECTION 1, OF THE ENGLEWOOD MUNICIPAL CODE 1985 . COUNCIL NENIEI Mllloat MOVED, All> IT IIAS SECOll>ED, TO APPROVE MDl>A JTEN 11 (d) -C~ll IILL NO. 38, Ay~s : Counc i l Nellbers Bullock., Van Dyke, Hathaway , Habenicht, Waggoner, Wiggins Nays : None Absent: Council Mellber Gulley Mot i on carried. COUNCIL NENIO IULLOCK NOVED, AND IT VAS SECOll>ED, ON THE ANDDIDITS FOi OCTOIEl lt, 1911 AT 7130 P.N. Ayes : Council Mnbers Bullock, Nays: Absent : Hotion carried . Habenicht, Waggoner , Wiggins None Council Hellber Gulley TO SET TH[ PIIILIC HEARIN& Van Dyke, Hathaway, (e) Ci ty Attorney DeW i tt pre sented a recOll'llll!ndation to approve as amen - ded Council Bi 11 No . 36 .1 , rezon i ng a port i on of the area bounded by West Evan s Avenue, South Zuni Street . West Adriat ic Pla ce, and South Rar i tan Stree t from B-2 and R-2-c to B-3. COUIICIL KEKBER HATHAWAY "°VED, AND IT WAS SECONDED, TO APPROVE AGENDA ITE" 11 (e) -COUNCIL BlLL NO. 36.1 . Ay e s : Council He mber s Bulloc k, Van Dyke, Hat haway, Haben icht , Wagg one r, Wiggins Nays: Non e Absent : Council He mber Gulley Motion carried . 12 . General Di s cus s i on I I I I EnglftlOOd City Council 111nutes Sept•ber 21, 1992 -,age 9 (a) Mayor 's Cho i ce Mayor Wiggins d i d not have any matters to bring before Council . (b) Coun ci l Member 's Cho i ce (i) Counci l Member Waggoner asked i f l '·y Manager Fraser was pro - ceed i ng with the sgs,ooo contract for a market analysis of Ci ndere l la City without first submitting an overall plan. City Manager Fraser stated he wi l l be proceeding with the analysis and staff is working on dr.ve l oping a plan which will be submitted for Council 's consic!antlon at the October S, 1992 Ci ty Co uncil 111eetlng. (11) Council Member Habenicht questioned If the S95,000 for the market analysis of Cinderella City had been prev i ously l.pproprhted. City Manager Fraser confirmed that these monies have been appro pr i ated In the 1992 Budget . (iii) Counc i l Member Van Dyke distributed a travel request to at- tend the 8th International Conference on Sol Id Waste Manage111ent in Philadelph i a from November 15 -18, 1992, to present the City of Englewood's Integrated Environ111ental Plan. COUNCIL IIENIER IIATIWIAY NOYm, MD IT WAS SECOll>m, TO A,,ROYE CIIIICIL IIDIIER YAN DYKE'S TRAVEL RECIUEST FOR $780.00 TO ATTEJI> THE 8TH llrrERNATJONAl CON- FERENCE ON SOLID WASTE IWIMDEIT IN PHILADELPHIA NOYEJIIER 15-18, 11112. "31es: Council Mewlbers Bullock , Van Dyke, Hat haway, Habenicht, Waggoner, Wiggins Nays: None Absent : Council Me!llber Gulley Hotton carried . Council Member Van Dyke thanked Counci l for their support . (iv) Co uncil Member Bullock stated Council Member Ha t haway I s dr aft i ng a re s olut i on fo r Council 's cons i derat i on s t ating t he Ci ty of Engle - wo od w111 not support t he Metro Area Connect i on (MA C) line unt i l t he alterna- tive s anal ysi s is compl eted . 13 . City Nanager's Report Mr . Fr ase r d i d no t have an y ma t t er s to bring before Counci l . 14 . City Attorney's Report (a) Hr . De Witt pa ssed ou t copies of a Re lea se and Wa iver Agree ment between the Ci ty of Englewood and Lee Overcamp . I n ord er t o r eso l ve t he d is - pu t ed c l aim t he City Attorney recorrmende d set t leme nt i n the amou nt of $34 7 .91 . COUNCIL MEMBER VAN DYKE MOVED, AND IT WAS SECONDED, TO APPROVE SETTLEMENT OF THE OVERCAHP SUIT IN THE AMOUNT OF $347.91. Ayes: Council Members Bu l lock, Van Dyke , Hatha way. [n9l~ Ctty Counctl Ntnutes Stptlllller 21, 1992 -Page 10 Nays : Absent : Motion carried . Habenicht , Waggoner, Wiggins None Council Helllber Gulley (b) Mr . DeWitt briefly discussed the Cra fg Nelson Worker 's Comp ensation Claim. (c) Mr. DeWitt reported on Assistant City Attorney Charles Grfm 's funeral . Discussion ensued regard i ng the appropriate way to remetnber hi m. (d) Mr. DeWitt noted his deputment wfll be undergoing cho1n9!ts and he anticipates I different format. 15 . Adjour~t Dll[R HATHAWAY lfOV[D TO ADJouRN. The meeting adjourned at 9 :04 p.M. I I