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HomeMy WebLinkAbout1992-10-05 (Regular) Meeting MinutesI I I. Call to Order ENGLEVOoD CITY COIJNCJL £NGLElfOOD, ARAPAHOE COUNTy, COLOIIAD() Regular Session October !!i, lt92 The regular meet i ng of the Englewood Ci ty Council was called to orde r by H~yo r Wigg f ns at 7:37 p .m. 2 . Invocation The l nvocat f on was g i ven by Counc i l He mber Bul l ock. 3 . Pledge of Alleg~ance The Pledge of Allegiance was led by Hayor W1gg fns. •· 1to11 can Presen t: Absent: A quorum wa s present. Al so pr e s ent : 5. Ni nutu Counc il l'IN!ber s Hathaway, Yan Dyke , Gulley , Bullock, Habe nfcht , Waggoner, Wigg i ns None Ci ty Nanager Fraser City Attor ey DeW i tt Assi stant City Hanager Re i d De puty Ci t y Clerk Ellis Directo r Herkel , Co 11111untty De ve l opmen t Planning Admin is t ra to r Stit t , Corrm unfty De vel opment Direct or fon da , Ut ili t i es (a) COUNCIL H£HBER BULLOCK MOV£0, AND IT WAS SECONDED , TO APPROVE THE III 'IUTES OF TH£ REGULAR MEETING OF SEPTENBER 21, 1992 . I\ es: Council Members Bullock , Van Dyke, Hathaway, Haben ich t , Waggo ne r , Gulley , Wiggins /l ays : Non e Motion carried . 6 . Pre-scheduled Visi to rs There wer e no pre -sc heduled visito r s. Englewood City Council Minutes October 5, 1992 -Page 2 7. Non-scheduled Visitors There were no non-scheduled visitors. 8. C011111Un1catlons, Procla•attons and Appointments (a) A proclamation declaring the week of October 24 through November I, 1992 as Red Ribbon Week was considered . COUNCIL "EMBER HATHAWAY MOVED, ANO IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAl"ING THE WEEIC OF OCTOBER 24 THROUGH NOVE"BER I, 1992 AS RED RIBBON VEEIC. Ayes: Nays: Motion carried. Council Members Bullock, Van Dyke, Hathaway, Habenicht, Waggoner, Gulley, Wiggins None (b) A proclamation declaring the week of October 4 through IO , 1992, as Fire Prevent1on Week was considered. COUNCIL NDIIER GULLEY MOVED, NII IT IIAS SECOIIIED, TO APPROVE A PtlOCLMATION PROCLAIMING 11fE liitElt OF OCTOIEII 4 TlltOUGH 10, 1992 AS FIRE l'IEYmllJN WEEK. Ayes: Council Mellbers Bullock, Van Dyke, Hathaway, Habenicht, Waggoner, Gulley, Wiggins Nays: None Motion carried . (cl A proclamation declaring the month of October, 1992, as Crime Pre- vention Month was considered. COUNCIL MEIIIER GULLEY NOVEl, NII IT WAS SECONDm, TO APPROVE A PllOCLANATJOM PROCLAIMING THE MONTH OF OCTCBER, 1992 AS CAINE l'lEYOOJOlt IIONTH. Ayes: Council Members Bullock, Van Dyke, Hathaway, Habenicht , Waggoner, Gulley, Wiggins Nays : None Motion carried. {d) A proclamation declaring the week of November 22 through 29, 1992 as National Bible Week was considered. IIAYOR WIGGINS MOVED, AND IT WAS SECONDED, TO APPllOVE A PROCLAIIATION PROCLAIM- ING THE WEEIC OF NOVEMBER 22 THROUGH 29, 1992 AS NATIONAL BIBLE WEEIC. I Ayes : Council Members Bullock , Van Dyke, Hathaway , I Habenicht , Waggoner, Gulley, Wiggins Nays: None Hotion carried . (e) COUNCIL "EMBER VAN DYICE MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET DOUGLAS WERT Z'S LETTER OF RESIGNATION AS A MEMBER OF THE CLEAN, GREEN, AND PROUD COMMISSION. Ay~s : Coun c il Mem bers Bull ock, Van Dyk e, Hatha way, I I Englewood C1ty Counc11 N1nutes October 5, 1992 -Page 3 Nays : Hot i on carri id . 9. Public Hearing Habenicht, Waggoner, Gulley, Wiggins None (a) CO\lltll "DIIER BULLOCK IIOVED, ANO IT WAS SECONOm, TO OPEN THE PUILIC HEARING TO RECEIVE CITIZEN INPUT ON THE CREATION OF A NEW ZONE CLAS- SIFICATION: 8-3, BUSINESS. Ayes: Council Members Bullock, Van Dyke, Hathawl.Y, Habenicht, Waggoner, Gulley, Wiggins Nays: None Hotion carried and the public hearing opened. Director Herkel, Co11111unlty Development, explained that interest in rezoning the subject property located at 2280 West Evans CUN! about as a result of a Board of Adjustllll!nt and Appeals action; and additionally that the property is spl i t between the two zone districts 8-2, Business on the north and R-2·C, Medium Density Residential on the south side. In 1983, the Board granted a variance to allow Robert Kurtz the right to operate a truck repair facility at 2280 Vest Evans. In 1989 the board teralnated the use because Mr. Kurtz was In non-compliar · 1 with the conditions l1111osed In the 1983 variance. Subse- quently, the p: ,;ierty was taken back by the lender, Ollnlbank. In OCtober 1990, Olnnlbank subllltted an application for rezoning of the southern portion of this property fr011 R-2-C to B-2. This application was withdrawn by the applicant in Decl!llber 1990 and no further action was talt'!n until the present owner of thE property, Willia Forlngton, appr,,ached the City concerning pos- sible rezoning. At that time, staff developed the proposal for the 8-3 Busi- ness district to meet the proposed needs. Pllanntng Ad■tnlstrator Stitt provided proof of notice of publtc hearing which was published in the Englewood Herald on Septl!tllber 17, 1992. He maintained that the 8-3 zoning would form more of a transition into the adjacent in- du~trlal areas fr0111 s0111e of the existing uses that occur in the Evans corri- dor. "r. Stitt explained that that doe not aean the proposed zone district would promote industrial uses . He stated the nature of the area Is signifi- cantly different fr011 other 8·2 areas in the City. Staff felt it was impor- tant to address historically how the area has developed on a regional basis, no t just the Englewood portion. The proposed zone includes p~otections that provide extra landscaping, fencing, and set-back requirements which the exist- Ing B-2 zoning does not have . The major difference between the 8-2 and 8-3 ts that the auto related conditiona1 uses , now in the 8 -2, become permitted uses in the 8-3. In addition , contractor and trades have been included and re - stricted so as not to allow heavy contractors to have storage yards . This in clus i on would permit some types of development that may not nr.ed the typ a of facili t ies that you find i n an in du s trial area , but which wou l d benef i t f rr,r the expos ure on the Evans Corridor . Mr . Stitt noted that, eve ~. though th ,' ,: 3 allows au t o r el ated uses as permi t ed uses, staff has i ncluded the sam e r es trict i ons that appl v un der t he conditional use provision in the 8-2 l~~e . As a result , staff con · ~nds tha t the new zone classification R-3 wi ll ~r.! !r ess the needs of the busine ~s corrrn unity and also protect the adjacent resident i al developme nt in t hat ar ea . Englewood City Council Ninutes October 5, 1992 -Page 4 Council Member Gulley asked Mr. Stitt to explain the process staff followed in determin i ng the area should not be rezoned as Industrial. Mr . Stitt stated staff looked at it in terms of the types of uses that are there currently. Staff determined that 1-1 uses were not appropriate on Evans Avenue which ser - ves as a cOlllllercial corridor; which Is significantly different fro~ the com- mercial corridor on Federal Boulevard, Hampden Avenue or the northern and southern parts of Broadway. In response to Ms. Gulley's Inquiry, Mr. Stitt cor,firmed that Denver's B-4 zon1ng allows for more uses than are being pro- posed in the B-3 zone and It would provide a 111eans of co111peting with the adja- cent areas. Mr . Stitt advised that sever1l property owners have contacted the City over the last couple of ye~rs expressing Interest in :,sing property along the south side of Evans for auto related uses. They chc;~ to look elsewhere when they discovered it was either not per111tted or a i:•mditlonal use. He noted the B-3 zone would permit those uses by right and s t i ll provide for the same protection as the B·Z zone. With regard to Mr. Stltt's c01aents about the B-3 zone providing protections and at the s11111! time bringing the area into SOM sort of confomlty with the Denver zoning that Is already there, Council ltetlber Habenicht asked if the Denver coaerclal zoning extends as far south along that r ~~ridor as the area proposed by this change. Mr. Stitt stated he believes it does, but with the exception of one u·H between Vallejo and Zuni, -,st .of DHver's zoning is . half a block deep on either side of Evans. Ms. Habenicht asked 1f the B-3 zoning would be 110re than half a block deep In this particular instance. Mr. Stitt stated that in the area between Vallejo and Zuni staff ts proposing that the area be rezoned fr0111 Eva.ns to Adrhttc extended and Includes a portion of what is now zoned R-Z-C. In response to questioning froa Ms. Habenicht, ""· Stttt conftnied that th• area Is probably not COlll)lrable to the Denver corri• dor. Ms. Habenicht expressed concern that If the B-3 zone ,.re approved it would set a precedent for other areas of the City. She asked if the Planning and Zoning Coanission had considered how it might affect other zoning issues. Mr. Stitt stated a si ■ilar question caae up before the C«-ission, and their response was that ult i111ately City Council has control over what wil 1 be re- zoned. At this point and ti111e Mr. Stitt felt the Evans corridor was the only corridor where the 8-3 zoning would be appropriate. Discussion ensued regard- ing other areas of Englewood where we have Industrial or c0111111rcial areas abutting residential areas. Hs. Habenicht pointed out that by approving the B-3 zone It might be a WlY of encroach i ,1 ) further l11to the residential areas by using the zoning as a buffer. Mr . !nitt stated ~he City is conwnltted to protecting the neighborhoods . He did not feel the proposed 8-3 zone would set a precedent. Ms . Habenicht stated she was not looking at it as a precedent so mu ch as having someth i ng in place that could be utilized for that purpose. Mr . Stitt noted it is a tool that could be used , however, Council's policy to protect neighbor hood s would override the rampant use of the 8-3 as a zoning tool. Council Member Hathaway asked if there were any conditions , either wl th or without the B-3 zoning, that would affect the Enterprise Zone efforts in thi s particular area . M~. Stitt stated he was not aware of any suc h conditions. Emily and Manuel Guardado , 1957 South Galapago Street , owners of the lot south of Ev ans and east of Zuni, stated they are in favor of the proposed B-3 zone I I I I Englewood City Council N1nutes OCtoblr 5, 1992 -Page 5 di st ri ct . They have a landscape company and 1«1uld like to use their lot to s tore the tractors and trucks which are used In the course of their busines s. She stated I t i s clean and fenced and they do not bother the neighbors. Dis - cus si on ensued regarding the fact that their business Is not a permitted use under the R-2-C and It would still be a non -confon11ing use under the proposed 8 -3 zone. COUNCIL NDIBER HATHAWAY MOVED, ANO IT IIAS SECOll>ED, TO CLO E THE PUILJC HEARING . Ay e s: , Nays: Not i on carried and Council Me •bers Bullock, Habenicht , Waggoner, Gulley , None the public hearing closed . Van Wiggins Dyke, Ha t haway, (b) COUNCIL MENBER GULLEY MOVED, NII 1T WAS SECOll>m, TO OPEN THE PUBLIC HEARIN& TO RECEIVE CITIZEN IIIPUT OIi RllOIIINI A PORTION OF THE AlEA IOUIIIED IY VEST EVANS AVENUE, SOUTH ZUNI STREET, IIEST ADIIATlC PLACE All) SGU1ll AAIITAH ~rlt£ET FROII 1-2 All) R-2-C ZOlllllli TO 1-3 ZONIIII. Ayes: Council Metlbers Bullock, Yan Dyke, Hathaway, Habenicht, Waggoner, Gulley, lltgglns Nays: None Motton carried and the public h~artng opened. All testtaony was given under oath . Planning Adllintstrator Stitt provided proof of posting and proof of notice of pub I tc hearing which was published in the Englewood Herald on Septellber 24, 1992. He noted this is a public hearing to consider the rezoning of property located along the west Evans corridor in Engll!IIIOO<I. He passed out ups to Council and the audience to assist with the discussion. Mr . Stitt stated this rezoning came about, I n part, from actions taken by the Board of Adjustntent and Appeal. He pointed out the property that generated 110st of the interest in this rezoning t s owned by llilllilll For1ngton. Nr. For1ngton 's two pieces of property run all the wa:· fr011 Enns to West Adria t ic Place extended 1.nd be - c1use of that there have been numerous prcb l eas as the property 1s split between 8-2 zoning on the north and R-2-C zoning on tl1e south . He noted, as Mr. Merkel prev i ously ind1c1ted, there was an attuipt at one point by the l ender to rezone that portion fro11 R-2 -C to 8-2. Staff had encouraged the bank to consider rezoning the entire block to .address a wider range of pr ob - lems . Ultimately t hey withdrew that applicat i on. Hr . Stitt advised that wh en Hr . For i ngton purchued the property staff 11ade it cle.ar to hi 111 th;i t he could use t he front half of t he prope r ty for any use permi tted i n the 8 -2 , but the r ea r half woul d have to be used str i ctly for R-2 -C purpo s e s. Hr. Stitt emphas i zed there are two im port ant pa r t s to t he rezon i ng e ffort . One is to dd dre s s th e long tP.rm goal s of t he City i n terms of redeve l op me nt , and staff f eels re zo nin g t he are a t o B-3 wou l d be a s t e p In that direct i on . Th e sec ond i s su e i s t o add r e ss the imp act rez oni ng woul d have on the re s i den - tial commu nit v s outh of t he R-2-C zoned d i strict. It i s s taff 's content ion th at wit h t hi protecti on s and reg ul ations inc luded i n thP. 8 -3 Zon e Distr ict the property t o t he south of Adri at ic e xtended wou l d be adequ ate l y pr ote cted . He noted the people who l ive sou t h of Adri atic wi l l be im pa cted , but he f ~lt Englewood City Council Nlnutes October 5, 1992 • Page & suffl c lent safeguards have been incorporated t o mit I gate the iqiacts. Mr. StHt felt at this point it would be very difficult to visualize the R-2 -C area being developed as residential. He explained that most of the properties are landlocked and can not be developed until West Adriatic goes through. The I only properties that technically can be developed are those that have access to either Vallejo or Zuni. He stated staff feels that this particular rezon- ing will accomplish the goals of furthering development while protecting the Interests of both the business and residential c011111Unitles. Council Member Waggoner questioned street right-of-ways In the area. Mr . Stitt stated that six properties have not dedicated right-of-way . Discussion ensued regarding the City's efforts to obtain right-of-ways and It was noted that even If the area Is rezoned the properties could not be developed until the street goes through. Responding to questions fr1111 Council lleab@r Gulley, Nr. Stitt advised that an alley does not exist on Warren between Zuni and Vallejo. He noted the area Is co11prlsed of single-family residences or duplexes, with the exception of two lots on the V1llejo side . If Adriatic goes through that would open up the possibility of developing approximately ten lots with single-fuily residences or duplexes. He confinned that until two 25 foot strips ne dedicated the street could not go through. Discussion ensued. Council Me11ber Habenicht noted Hr. Stitt had •ntloned earlier that there Is a conn1tment to the residential neighborhoods. She asked if rezoning In the R- 2-C to a nisidentlal buffer, which ■1ght Increase our residential neighbor- hood, was considered. She suggested ~ sort of 1p1rt•nt, concl0111nf• dwlling or senior citizen high-rise. Mr. Stitt stated that so■e options had been considered, but not specifically a high dnstty residential zone. He noted the ze11 i ng considered was based prlNrlly on the Forlngton property, and how that adj.\:ent property is IMrlng used. Council Mellber Habenicht questioned the specifics of the final vote by the Planning and Zoning C«-lssion on their recoanendatlon to propose a 8-3 Zone District . Mr. Stitt reviewed the various steps taken by the Planning and Zoning C011111ission during the course of finalizing their re<:oMendation . He stated the input at the public hearing was pri111rlly frOIII two ca~ps: I) one group was in favor of the rezoning because they owned cOllllll!rclal property on Evans or were interested in obtaining connercial property on Evans and 2) homeowners t ha t either 1 ive on Adriatic or in adjacent areas on Warren. He ·, confirmed the Comiss ',ons final vote of 4 ayes, 2 nays , 2 absent, and I abstenti on. !-!a :·k Apodaca, 2351 Wes\ Warren Avenue, noted that when dis c ussion first start-I eci he had an open mind, but after 1 istening to it he a s ked hi mself what the reaso n~ where for all this change. He noted Hr . Stitt had explained it was bas I ca li ~• a cnange started by a bank that wanted to get one piece of hnd operable for them. Mr Apodaca stated he looked for other reasons there mi ght be to brbg i n li ght In dus trial or the t ype of businesses allowed by B-3. a, opposed , the rest of the City of En9 iewood , and he could not find any other reason . The l ots are be in g utilized and busines s is thriving at this time. Across t he s treet on t ne Den~• side , wi th their more libe r al zon e . there i s a I I EnglMIO<ld ctty Counctl N1nutes October 5, 1992 -Page 7 bingo parlor, a bar, and P T's, as well as a lot of empty lot~. He stated he was also upset that the residents were not really consulted to deter111ine what impact this would have on them, jus the business people. He advised he and his neighbors have 1lways been willing to work with 1nyone interested in starting a business in their area. Mr. Apodaca stated there ire a lot Gf in- dustrial sections in the area which allow body shops ilWay from residential, with plenty of access. He advised the residents had consulted with a couple of realtors and they had been advised that anytime light industry hits, there will be a 2~ decrease in property values. He did not want his house depreci- ated anymore. He could not see a good buffer either . He noted the Pl anning and Zoning C011111isston had told him they would like to keep at le1st an alley or something between business and residential. Nr. Apodac1 contended that If the 8-3 zone were approved ilnd if Adriatic would go through, there would not be a buffer . He e,cpressed co ,, .. ern regarding sufficient parking. He advised Council that several of his neighbors were unable to attend the public hearing to express their opposition to the proposed 8-3 zone. He subll1tted a letter into the record from a neighbor opposini the new zone . In closing, he stated he thought It was a lot of work to rezone for one business. He contended It effects a lot of people In a very negative way, when a si111ple adjustaent for the person or persons would suffice. Council Nember Hilthaway 1sked if It was true he had no quarrel with putting Adrlat ic through provided 1 t stays resident hi Ofl both sides. Mr. Apodaca stated that was true, but he would have serious reservations If It ended up being business on the northern side. He questioned if the new zone district still has the adult entertainment section in 1t. City Attorney Dellitt ex- plained they are permitted everywhere under very stringent provisions; and he confinaed that it 1s allowed use in virtually every c0111Nrc1a1 and business zone that the City has. Discussion ensued . Hr. Apodaca could not understand why they have to rezone s~nce there are vi - able, new, active businesses in the area. He stated It would be d i fferent if the area was in a downgrade, but there are two new gas stations, a shopette which is full, two car lots , and two other businesses. Dennis Kelley, 2393 West Warren Avenue, reiterated the concerns expressed by Hr . Apodaca regarding the adult enterta i n111ent provisions. City Attorney DeWitt responded to his questions . Hr . Kelley discussed his apprehensions about dedicating r i ght -of-way . He st;.ted he could not see any advantage to rezon i ng at this time. He respectfully asked that Council deny this change In zoning from R-2-C to 8-3 because he felt it would be detrimental to t he neigh - borhood and would s top de velopment in the back of the R-2·C area . Mayor Wiggins asked Hr. Kell ~y if he would be receptive to dedicat i ng the 25 feet to cut a street .~rou~h on West Adriat i c should Counc i l not approve this rezon i ng . Hr . Kelley :a i d yes, if they can get the r es t of i t ; all he wanted was some assurance of th e type of development that would be in there. Coun c il Mem be r Hat haway s tated t hat s he understood that Hr. Kel l ey di d no t curre t ly have any structures or res i dences on that particular strip al ong Zuni. Hr. Kelley confirmed t hat he did not have any structures on the back half of hi s pr ope rty. Ms. Hat hawa y sugge s ted that Council reconwnend to the Englewood City Council Minutes October 5, 1992 -Page 8 Housing Authority that they conlict the owners of property in question for consideration as a "Project Rebuild ." She stated she has talked to the rest• dents several times over the years and they have a problem, reaardless of ded- icating. No matter what they do, if they dedicate 25 feet, they do not have enough lot size on either side of the house. Mr. Stitt concurred. Sherrel Price, 2157 South Zuni, Denver, expressed concern that by adding busi - nesses In the ~rea, they would experience an Increase in traffic and the crime rate. The letter that was submitted by Mr. Apodaca could not be read into the record as Mr. DeWitt opined 1t was hearsay; however, he stated 1t could be attached as part of the public record, and Council was given an opportunity to peruse the letter . COUNCIL NENIElt YAN DYICE MOVm, AND lT WAS SECOIIIEII, TO CLOSE THE PUILIC HEARINQ. Ayes: Council Mellbers Bullock, Van Dyke, Hathaway, Habenicht, Waggoner, Gulley, Wiggins Nays: None Motion carried and the public hearing closed. 10 . AJproval on Second biding Council Heaber Van Oylte asked to bring fon,1rd Agenda Ite• 10 (c) for consideration. \.;'.';Jl Moan VAIi DYKE MOVED, MD JT WAS SECOIIIED, TO APPROVE WI SECOIII READ- ' · A8EIIIA JTDI 10 (c) AS FOLLOWS: (c) OfIDlNANCE NO. 39, SERIES OF 1992 (COUNCIL BILL NO. 37, ItfTROOUCED BY COUNCIL MEMBER VAN DYKE), ENTITLED: AN ORDINANCE AMENDING TITLE 6, CHAPTER I, BY ADDING A NEW SECTION 12, TO THE ENGLEWOOD MUNICIPAL CODE 1985, WHICH GENERALLY PROHIBITS THE lNSTALLATION OF SOLID FUEL BURNING DEVICES AND RESTRICTS THE REPAIR AND REPLACEMENT OF SOLID FUEL DEVI CES. Ayes : Nays: Hot1on carried. Co uncil Members Bullock, Van Dyke, Hatha•ay, Habenicht, Waggoner, Gulley, Wiggins None COUNCIL "EMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE ON SECOND READ- ING AGENDA ITEM 10 (a) AS FOLLOWS: (a) ORDINANCE NO. 40 , SERIES OF 1992 (COU NCIL BI LL NO . 35, INTRODUCED BY COUNCIL MEMBER HATHA WAV), ENTITLED : AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SE CTION 12, Of THE ENGLEWOOD MUNICIPAL CODE 1985 BY ADDING A NEW SUB SECTION 12 .1, WHICH CREATES A NEW ZONE CLASS IFICAT ION 8-3 BUSINESS DISTRICT . I I I I Englewood City Council Ninutes October 5, 1992 -Page 9 Council Member Gulley iSked tf any ~f the businesses currently •~lsting along Evans are considered non -confo r,,l rr ,1·.e s and 1f the 8-3 would bring anyone Into conformity. •·. Stitt H~t , ,, .... to his know ledge thern are no non- conforming uses. une auto r e p .i ,• business 1s consl <!ered a legal non - conforming use and It would be a pA <'fll i tted use under the 8-3 1one . Council Member Habenicht stated she underst1nds the City, throug~ the efforts of the Phnn t 11g and Zoning Com1isslon, pl .ins to update the Compre;,enslve Plan within a year . She offero d, since thi s p1rticul1r Issue has not be~n resolved for a nu11ber ot years and ·i nt e as Indicated by Mr. Stitt, the Ph,,nlng and Zoning COtffllisslon had not l ooked Into a lot of alternatives, that pet~aps It would be beneficial to the bus i nesses and residents tn that u•ea tf Council postponed the i ssue at this time. CCUK:IL ll£JIIO HAIENlCHT NOV£D, AND IT WAS SECOIIDED, TO TABLE ON SECOND IEAD- Jita MDIDA lTBI 10 (11). Ayes: Nays: Council Melabers Habf,nlcht, Waggoner, Gulley Council Melnbers Bu llock, Van Oyke, Hathaway, Wiggins Motion defeited. Vote results on 110tlon to approve on second reading agend• Ilea 10 (1): Ayes: Council Metlber Waggoner Nays: Council "811bers Bullock, Van Dyke, Hathaway , Habenicht , Gulley, Wiggins MotiJn defeated. CGUW;IL NENIO HATHAWAY NOVED, AND IT WAS SECONDED, TO APPIIOYE ON SECOND IEAD- IN& AGENDA ITEM 10 (b) AS FOLLOWS: (b) ORDINANCE NO. 41, SERIES OF 1992 (COUNCIL BILL NO. 36.1, INTRODUCED BY COUNCIL MEMBER GULLEY), ENTITL£D: AN ORDINANCE APPROVING THE REZONING OF PROPERTY BOUNDED BY THE CENTERLINES Of WEST EVANS AVENUE AND SOUTH ZUNI STREET, THEN EAST ALONG THE CENTERLINE Of WEST EVANS AVENUE TO THE CENTERLINE OF SOUTH RARITAN STREE T, THEN SOUTH ALONG THE CENTERLINE OF SOUTH RARITAN STREET 10 THE CENTERLINl or WEST EVANS AVENUE • WEST ADRIATIC PLACE ALLEY ; THEN WEST ALONG THE CENTERLINE OF WEST EVANS AVENUE -WEST ADRIATIC PLACE ALLEY TO THE CENTERLINE OF SOUTH VALLEJO STREET ; THEN CONTINUING WEST ALONG THE CENTERLINE OF THE WEST EVANS AVENUE • WES T ADRIATIC PLACE ALLEY EXTENDED TO THE CENTERLINE OF SOUTH ZUNI STREET ; THEN NORTH ALONG THE CENTERLINE OF SO UTH ZUNI STREET 10 THE CENTERLINE OF WEST EVANS AVENUE , FROM 8-2 , BUSINESS TO 8 -3 , BUSINESS ALSO, BEGINNING AT TH E CEN· TERLINES OF WES T ADRIATIC PLACE EXTENDED AND SOUT H ZUNI STREET; THEN NORTH ALONG THE CENTERL INE Of SOUTH ZUNI STREET A DISTANCE OF 163 FEET; THEN EAST TO THE CENTERLINE OF SOUTH VALL EJO STREE T; THEN SOUTH TO THE CE NTER L INE Of WEST ADRIATIC PLACE EXTEN DED ; THEN WES T ALONG THE CENTERLINE OF WEST ADRIA T IC PLACE EXT ENDED TO THE CENTERLINE OF SOUTH ZUNI STREET FROM R-2-C, HEDIUH DENSITY RESIDENCE TO B-3 . BUSINESS. Ayes : None Nay ~: Cou nci l Me mber s Bullock , Va n Dyke , Hathaway , Englewood Ctty Council Minutes october 5, 1992 -Page 10 Habenicht, Waggoner, Gulley, Wiggins 11otion defeated. 11. Ordinances, Resolutions and Notion~ ( a) 01 rector Merk.el presented a recorrmendatlon from the Department of Conn•mlty Develop111ent to approve funding for the Slllal l Bus inPss Development Corporation. Ht stated th1s org1n1zatlon wou1d aake 1oans to tnglewood busi- nesses that have b11n unable to find bank financin g. He noted the Corporation will have a five me11ber board. Mr. Merkel pointed out that Hie City's 1991 business survey found that 5!1X of the respondents felt that existing funding possibilities did not meet their requlre111ents. Loren Shepherd, Englel,jood D()l,jntol,jn Development Authority member, provided an update on the status of the Corporation. He advised that the Challlber of COIII· merce has donated SZS,OOO : He stated he has incorporated the org1nlutton as a non-profit corporation , advanced the S50.00 filing fee, obtained I federal identlfic1tion number, ind opened a bank account. Mr. Shepherd indicated he anticipates r1ce1Ylng the S50,000 pledged by the EDOA in 1 111tt1r of a few days. Fro111 a time able standpoint he stated they would like to get a board fully appointed and el ected prior to the end of October. Hopefully the board would bl in a positi on to 111ke some decisions to get the loan process iden- tified, publicized, and functioning. He stated ht ts hopeful S11all business loans would bl available by the first of tht year. Council Metnber Habenicht co11111ented that it is an excellent Idea and something that is needed In this conmunity. She felt Mr. Shepherd had been very In • struaenlal In nursing this project along and she was very excited to Sff tt collll! before Council. Council Member Ha thal:ay questioned Mr. DeWitt regnding page one of the BYLAWS 4.3 Selecti on of Directors . Lengthy discussion ensued regarding the selection of directors for tile Corporation. It was agreed to amend the BYLAWS 4.3 Selection of Directo~s to create three subparagraphs. lhe Resolution was ass i gned a number and read by title: RESOLUTION tlO. 81, SERIES OF 1992 A RESOLUTION AMENDING THE APPROVED 1992 BUDGET APPROPRIATING MONIES FOR THE ENGLEWOOD SHAL L BUSINESS DEVELOPMENT CORPORATION . I COUNCIL MEMBER HATHAWAY NOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 I (a) -RlSOLUTION NO. 81, SERIES OF 1992. Ayes : Council Members Bullock, Van Dyke, Hathal,jay, Habenicht, Waggo ner, Gulley, Wiggins Nay s: Non~ Motion carried. (t>) Director Fonda presented a rec o endati on frorr. the Util itie~ De • par tme nt to approve a contract with Mounta i n States Pi pe i n t he amoun t of $45,062.36 for new wat er meters. He expla i ned that the Utilities Department I I Englewood City Council Nlnutes October 5, 1992 -Page 11 decided to purchase all the water 11eters needed for the entire year in one lar ge bid package as a cost-saving measure. Discussion ensued . COUNCIL IIOIIH IULLOCIC NOVED, NfD IT WAS SECONDED, TO APPIIOVE THE CONTRACT 111TH NOUNTAJN STATES PIPE JN TIIE MOUNT i)f s•s.062,36 FOi WATER METEIS ANO RELATED EQUIPll£NT. Ayes: Nays : Motion carried. Council Members Bullock, Van Dyke, Hal,enicht , Waggoner , Gulley, Wiggins None Hathaway , (c) City Attorney DeWitt presented a reco-ndation fron the City At - torney's Office to adopt a bill for aR ordinance lncreasln9 the property value on misdemeanor~ from S300.00 to $400 .00. He noted the State Legislature In- creased the misdemeanor limits which allows the City opportunity to fill the gap and allow these cases to be fll -1 In Municipal Court. This saves the police officers and 111erchants tt1111 and provides for a high level of en force11ent. The Deputy City Clerk was asked to read Council Bill No. 40, entitled: COUNCIL BILL NO . 40 , INTRODUCED BY COUNCIL HEHBER GULLEY A BILL FOR AN ORDINANCE ANENDING TITLE 7, CHAPTER 6F, SECTIONS 3A, 4, 5, AND 9C, OF TH£ ENGLEIIOOO llJNICIPAL CODE i985, WHICH INCREASES THE AMOUNT OF fl>NE - TARY JURISDICTION. COUNCIL IIOIIER llll.LEY NOVEi>, NfD IT WAS SECONDED, TO AHIIOYE A8ENDA ITEN 11 (c) -COUNCIL llll IIO. 40. Ayes: Council Mubers Bullock, Van Dyke, Hathaway, Habenicht, Waggoner, Gulley, Wiggins Nays: None Motion carried. 12 . General D scusslon (a) Mayor's Choice Mayer Wigg i ns did not have any matte .s to bri ng before Council. (b) Co 11nci1 Member 's Choice (i) Council Member Gull~y: 1. She advised th at the Housing Author ity is look ing at exercising an option on two lots south of 332 2 South Penns y lvania for Project Build. The Author ity req uested feeu-back from Council. They are aware that Council has been more supportive of tearing down old structures rather th~n de veloping empty lot s ; however , Ms. Gulley stated s he thought this acqu isition i s a good idea. Di s - cus sion ensued. Council Me mb~r Hat ha way stated th i s is the last option that the Englewood Housing Authority has from Swedish lo buy prope ;·t y In that area . Englewood City Council Ntnutes October 5, 1192 -Page 12 Mayor Wiggins asked i f anyone on Council had a~y problem with it . They agreed they would not . 2. She noted she has received a request fro• a cit i zen on Sher11an for a stop sign at Shel"fflan and Lehigh becau se of s peed i ng. Discussion ensued. 3 . She stated she 1s interested 1n including an In t er nal auditor i n the 1993 Budget a s suggested In the report from Van Schooneveld and Co ., Inc. (I i ) Council Member Waggoner: 1. He acknowledged receipt of the information he had requested concerning travel and conference, tuition and training , and professional services. Ols- cusston ensued . 2 . He had received an inquiry from Ben Rider on the paving of Yale fr011 Tejon to Zuni. A petition had been submitted and he wanted to know when the area would be in a paving district . Discussion ensued. 3 . He had received a complaint froe Marie Smolski , 3276 South High Street, regarding a building permit for a new Sears hot water heater. He asked to see a copy of t he permit . 4. He questioned the status of the Municipal Solid Waste (MSW) Plan. Coun- cil Nelllber Hathaway provided an update and noted it will be subattted to Coun- cil by the Clean, Green, and Proud C011111ission. Discussion ensued . 5. He expressed concern that lhe City's contribution to the Eaployee Non- Emergency Pension Fund was cut fr0111 7S to 5.363S. He understood the Pension Board was unaware of this cut. City Manager Fraser stated the City's obliga - tion under the ordinances is to provide the UKJunt of 1110ney required on an annual bas ls to amort i ze the fund according to projected unfunded 11 ability. For the first t i me in a number of years, because of investments in preced1n1 years, the amount of money required from the City is less than it ha.s been . He noted the benefit levels have not changed. Discussion ensued. 6 . He questioned why two people were put on half-time in Information Ser - v i ce s i n order to hire a consultant in the Administrative Services Department . City Manager Fraser explained the recent changes made i n the Ad111inistrative Serv ices Department wh i ch wi ll ult i mately provide for the development of pro- gram s and appl i ca ti ons i n microco mputers consistent with the Ci ty 's computer master plan . I 7 . He inquired abou t an othe r empl oyee who terminated becaus,e of st d ff reor -I gan i za ti on i n Adm i nistrative Se r vi ces . Ci ty Manager Fraser s t t ed he und er - stands that i t was a performance probl em and that the pos i ti dn wa s s ubse que nt- l y f i lled by a person in the departme nt who wa s work i ng part -time . (ii i ) Counc i l Mem be r Hath awa y: I. She sh ared co p ies of t he Legis lat i ve Cou nc il of t he Ge ne r al As s emb l ies Ana l ysis of the 199 2 Ballo t Pr op osal s . I I £ng1M«>Od City Council Minutes October 5, li92 -Page 13 2. She advised she has received information on a Law Enforcement Eaergency Service Transl a tor 1.1h Ith \ranslates English to Spanish, French, Vietnamese, Chinese, Korean, ltal1nn, German, Japanese, and Russian. She asked that it be passed along to the Police Departinent. Ms. Hathaway explained the system is a service the City could contract for which would provide acces~ to any of the languages by dialing a 1-800 number through the dispatch syste~. She pointed out the City might want to look into this , particularly as the highest minori- ty population at Englewood High School Is Caucasian/Asian, not all of which speak English. 3. She stated she would like to direct a letter, under the Mayor's signa- ture, to the DRCOG Board regarding the RTD MAC line . She ask1d for Council's feel Ing as to whether they agree or disagree to the extensirn line as 1t is proposed. She noted Council has al ready passed a re sol ut 1 on endorsing the concept. Hs. Hathaway explained that what they are looking at is saying that Council would like to amend the endorsement to hold off on the extension until such time as the Alternatives Analysis is complete. Lengthy discussion ensued. (iv) Council Hember Van Dyke advised Council she will be relocat- ing after the first of the year, one block south of her district. If the re- districting does not support the change, she will tender her resignation at that time. (v) Council Member Bullock advised City Attorney DeWitt that he had obtained the telephone number and address of Virginia Smith regarding the b-b gun and air gun ordlniince . Mr. DeWitt will follow up on Hs . Smith's concern. 13. City Manager's Report Mr. fraser did not have any matters to bring before Council . 14 . City Attorney's Report (a) Hr. DeWitt noted the City has received an applicat i on for an escort serv i ce. According to State Statute we are mandated to deal with the subject. He asked if Council agreed with his suggestion to have the Liquor Licensing Authority review the matter and come back with a recllll'lllendation. Discussion ensued. He noted he wi 11 prepare a reso 1 ut 1 on on the matter for Council 's consideration at the next meeting. (b) Hr . DeWitt noted the City has received a letter from ACCE entitled "The Oppos i tion ." ACC[ is very much opposed to anything varying from the quan ti ty of the pollutant that has been discharged . (c) Mr . DeWitt discussed the City's m:i.ssage therap i st ordinance enacted last year. He noted the i ntent of that ordinance was to enable qualified, licensed therapi sts to obtain a City licen se . Council Member Van Dyke stated it is working to prevent the negat ive factor from coming into the City whi ch is not an iss ue here. What is at issue is that the requirements are too s tringent; as a result , professionals have not applied to come into the City . Englewood City Council N1nutes October 5, 1992 -Pap 14 She cited the S2500 bond as be i ng restrict i ve . Hs. Van Dyke contended that the profession is holistic therapy for Improved health. Hr. DeWitt suggested Council focus exclusively on the training aspect, stating that if a licensed establishment becoMes involved 1n illegal activities then the City could han- dle It tn the same manner as businesses holding liquor licenses. Discussion ensued. (d) Hr. DeWitt noted IBM and HP are getting out of the Lowry Coalition. They have settled with Waste Management and have agreed to pay • premium of one and one half times the liabil lty. They are paying a premium and a 1 so their final dues in the Coalition and they are stepping out . He noted there will be more requests for funds, but for the most part the Coalitions activi- ties are winding down. Virtually all they are doing now ts inventory and clean-up work. 15. Adjourn111tnt The meeting adjourned at 9:58 p.m. I I