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HomeMy WebLinkAbout1991-01-21 (Special) Meeting MinutesI I l. Ca l l to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Spec1al Session January 21, 1991 The special llll!et i ng of the Englewood Ci ty Counc il was called to order by Mayor . Van Dyke at 7 :SO p .m. 2. Invocation The Invocation was given by Counci l Member Bullock. 3 . Pled9e of Allegiance The Pled(Je of Allegiance was led by Mayor Van Dyke . 4. loll Call Present : Absent: A quorum was present. Council Members Hathaway, Koltay, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None Also present: City Manager Fraser City Attorney DeWitt Ci ty Clerk Crow 5 . Minutes Planning Administrator Romans, COft'IIUn l ty Developaent Dire ctor Fonda, Ut i liti es (a) COIJNCll MEMBER HATHAWAY IIOVED, ANO IT WAS SECOMOED, TO APPROVE THE MlNUTES OF THE REGULAA MEETING OF JANUARY 7, 1991, Ayes : Counc 1 Member s Ko ltay, Hathaw ay, Wiggins , Bull ock , Clayton, Habe nicht , Van Dyke Nays : None Hot i on c arr ied . 6. Pre-scheduled Visitors There wer e no pre -sc hedu led visitors . 7 . Mon-scheduled Visi tors Englewood City Council Minutes January 21, 1991 -Page 2 Due to the special st atus of the meeting, no non -scheduled visitors were per • mitted to speak. 8 . Connunlcatlons and Proclamations (a) COUNCIL HE~BER HATHAWAY NOYEO, AND IT WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION OF ANNA CHAVEZ AS A HEHBER OF THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. Ayes : Counci l Mem bers Koltay, Hathaway , Wiggins, Bullock , Clayton, Habenicht, Van Dyke i~;:ys : None Motion carried . rouncil Member Hathaway requested that Counc 1 interview Nei l HcElhinn1,y for po::s,~le appointment to fulfill Hs. Chavez' tem of office, as suggested by the Eng1t :•ood Downtown Development Autho• ,ty. 9 . Public Hearing -C1>nsider11tlon of AllandMnts to the Eng l ewood Nunlcipal Code to Include a new sec tion entltl" Title 15, In response to envlrON1ent1l and nuisance Issues. COUNCIL MENIER HABENICHT lt:.'VEO, NII Ii' WAS SECOIIIEO, TO OPEN lliE PUBLIC HEAR- ING CONCERNING MOIDIIDITl'i ~O THE EIIILEWOOO IUIICJPAL COOE, Sfl£CIFICALLY THE ADDITION OF TITLE 15. Ayes: Nays: Motion carried. Coundl Members Koltay, Hathaway, Wiggins, Bullock, Clayton, H3benicht, Yan Dyke None Evidence existed of the Proof of Publication of the Notice of Pubilc Hearing In the [nql ewood Sentinel, the leg<& 1 newspaper of the City of Englewood, on Decamber 27, 1990. All testimony was presented under oath . Dorothy Ro•ans, Planning Administrator, Co.1unity Developnient, noted that the code changes being suggested were ln response to concerns yojced by the citizens who worked with the Planning and Zoning Commission on the Comprehen- sive Zoning Ordinance. It was felt that the City needed to do a better job enforcing the eOtll'llercial, Industrial and housing sections of t he Code . In 1988 City A orney DeWitt was charged with identifying the ord in ances In que~t i on, and a Task Force was appointed by Council to review these sections of t he Code. Ms. Romans identified the members of the Task Force as Ray Berlin (Chairman), Jan Bilo, Ruth Cole, Eva Eisenberg, Katherine fischbach, Roxy Haines , Pau l H~n drlcks, Jack York , ~arl Welker , Ron Fis h and Thad Carson, in recognition of their hard work . Al Stanley, Di rector of Safety Services , Ri c k DeWitt, City Attorney , Rich Wanush , Director of Corm1unity Develop ment, served as ex-off i co members and acted as advisors; also, a number of s taff people served i n a res ou rce capacity. The Task Force present ed th eir report af ter two yea rs of s t ud y and the Planning Co11111 ission he ld a public hearing on Tit l e 15 . Ms . Romans s la ted th at regulat i ons affect i ng the en vironm ental codes , specifically weeds , t rash , l itter , hobby ve hi cles, de r elic t ve hic l es , and recreation veh i cles, wer e I I I I Englewood City Council N1nutes January 21, 1991 -Page 3 addressed i n three different sections of the code and enforced by three different City departments . Hs. Romans reviewed several ?f the proposed code changes. Upon Council Member Ha~enlcht 's request, she also reviewed the Planning Co11111isslon's recon111endations. Ms. Romans noted the following changes are suggested by the Conrnlsslon (changes are den,ted by underscoring): -add to the definition of trash container: "paper or plastic bags are not permitted as trash containers exce~t for grass cl i ppings and leaves, If properly secured or if they ~r~ in containers as described above" -weeds be cut if over eight Inches as the Co11111lssion felt six inches was too restrictive -add "shall ret110ve or cause the remova i of said weeds or grass to a site authorized for such disposal or to a c011post pile." -add "no vehicle should be parked In front of the front set -back of the principal structure unless located on a concrete, brick paver, or asphalt surface, gravel or other similarly finished hardened or dust free surface . • -to abandoned Ice boxes add refrigerators/freezers. She noted definitions fn,a various titles, which pertain to the 1nviron11ental ordinances, were c0111blned. rhe definitions have been included in Title 15 so that it is self-contained. Discussion ensued regarding the changes suggested by the Planning C111mlsslon, as a result of Its public hearing, as opposed to the draft subllitted by the Task Force. Counct1 Member Habenicht questioned whether the trash remova1 c011pantes had been contacted regarding the "tightly fitting lids on trash containers .• Ms . Romans stated she had not discussed it with thn. Di scussion ensued regarding the definition of weeds. Council Member Hathaway expressed concern that anyone subscribing to the Ci ty 's recycling project would be In vio1ation regarding the restrictions on trash container . Mayor Van Dyke stated Ci ty Attorney DeWitt was aware of that possibility. Hr . DeWitt stated when the final proposal for the recycling project is completed the de f i nition of a trash container may need to be reviewed, as wel1 as other prov is ions , i n order to facilitate the implementation of the pilot recycling program. Gary Christopher, 3109 South Che rokee , r esi dent and bu siness owner, complained about receiving a "courtesy warning • last spring two days after cleaning his back yard. He felt the code restr i ctions were 'nit-picking" and the enforcement wa s a form of harassment. Mr. Christopher agreed that if Englewood Ctty Counc11 N1nutes January 21, 1991 -Page 4 something was real l y an "eyesore," a warning and ticket shoul d be Issued . He stated that when he and his wife moved to Englewood 15 years ago to open up a bu~iness, they thought Englewood wou ld be a great place to live . Now they are not so sure and are at the point of leaving , moving both their business and I thei r residence . He was very upset over the regulations against vehicles parked on the street for over 72 hours , the restriction on he ight of weeds , and the restr i ctions of derelict vehicles. He cited different Interpretations of the ode as a problem . Cou ncil Member Clayton po i nted out that the 72 hour restriction on parkir,g is part of the Uniform Traffic Code over wh ic h the Ci ty has little contro l. Mr. Clay to n stated the "courtesy notices" were instit uted as a result of complaintr. from c i tizens who felt they were being t i cketed with no opport unity to co~p ly with the Code •or refute the charges, other than in court. COUNCIL NENBER BULlOCK MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. Ayes: Nays: "°tlon carried. 10 . Consent Agenda Council Members Koltay, Hathaway, Wiggins, Bullock , Clayton, Habenicht, Van Dyke None (a) Council Meaber Habenicht requested Agenda lteM JO (a) be withdrawn from the Consent Agenda In order to prov1de an opportunity for further discus - sion. The C1ty Clerk ~as asked to read Agenda JteM 10 (a), entitled: COUNCIL BILL NO. 63-1990, INTROOUf.ED BY COUNCIL MEMBER HATHAWAY A BILL Foti AN ORDINANCE AMENDING ENGLEWOOD NUNICJPAL CODE 1985 BY REPEALING PARTS OF TITLE 6, TITLE 11, ANO TITLE 16 AND ADDING A NEW TITLE 15. (CLERK'S NOTE : ORDINANCE NO. 2, SERIES or 1991, WAS INCORRECTLY ASSIGNED PRIOR TO FINAL APPROVAL; NO. 2 SHALL BE RESERV ED FOR THIS ORDINANCE UPON FINAL PASSAGE BY COUNCIL.) COUNCIL MEMBER CLAYTON NOVED, AND IT VAS SECONDED, TO APPROVE AGEIIIA ITEN 10 (a). Council Member Habenicht stated she would like to amen d the ordinance to re - flect those changes rec orm,ended by the Planning and Zoning Corm,ission which had been brought to Council 's attention during the public hearing . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO AMEND PAGE 6, DEFINI- TION OF "TRASH CONTAINER" TO READ AS FOLLOWS: TRASH CONTAINER A CONTAINER OF METAL, WOOD OR PLASTIC WITH A TOP OR COVER THAT CAN BE SECURELY FASTENED ON TH[ CONTAINER TO PREVENT THE CONTENTS FRON BEING CARRIED OR SCAT- TERED BY THE ELEMENTS OR ANIMALS. PAPER OR PLASTIC BAGS ARE NOT PERMITTED TRASH CONTAINERS EXCEPT FOR GRASS CLIPPINGS ANO LEAVES, IF PROPERLY SECURED, Q!L!f I I I Englewood City Council Minutes January Zl, 1991 • Page 5 THEY ARE IN CONTAINERS AS DESCRIBED ABOVE. [UNDER · SCORING DENOTES ADDITION] City Attorney DeWitt pointed out this change might create an enforce,nent prob • lem; further, that the added words were repetitive . Vote results on above amendment: Ayes: Council Members Hathaway, Bullock, Clayton Nays: Council Members Koltay, Wiggins, Haoenicht, Van Dyke Motior, failed. Council Member Habenicht explal11ed that she had de ci ded to vote against the motion based on Mr. DeWltt's conm,ents concerning the confu - sion which may be caused by the added verbiage. Mr . DeWitt further pointed out that grass clippings could be in either plastic bags or metal containers, but that garbage and paper can only be 1n metal, wood, or plastic containers with a secured cover. Council Member Hathway suggested Agenda Item 10 (a) be tabled in order to provide 110r1 opportunity to discuss the details of the ordinance, and she sug- gested that each council 1111iaber offer their proposed a111endlllt!nts In writing. Mayor Van Dyke c011curred. COIIEIL NENIEI IMTHMIAY IIOVED, AID IT W S€CGIIJED, TO TAIU MEIIIA JTEII 10 (1). "1es: Nays: 14otton carried . Council lllllbers Koltay, Hath1w1y, Clayton, Habenicht, Van Dyke .Council Mefflbers Wiggins, B11llock Mayor Van Dyke confirmed that her intent is to consider more fully the recom- 11endations of the Planning and Zoning Comnission, and In addition she would encourage council llellbers to add their own uiendlnents, utilizing the City At - torney's office to incorporate the 11Mndments Into the docuaent. Council Mellber Hathaway coanented that she feels Council should take into con - s lderat Ion the co11111ents brought forth by Hr. Christopher during the pub lie heart ng, as wel 1 as contents of the suhlli tted docu11ent along wl th the ex- pressed concerns of the Plann i ng and Zoning Co11nlssion . She stated it would make more sense to work through that process first rather than try to do so at this time . Council Member Wiggins disagreed, stati ng the drafted information has been before Council for at least six months. Additionally, he c<>n111ented that the current information was in Council's packet wh i ch was delivered last Thursday (l/17/91) and that proposed changes should have been offered prior to the meeting . Council Member Habenicht co11111ented that it Is important to ta ke Into consider - ation th e colffl!ents made at the public hearing and the sug ge stions made by the Panning and Zon ing Commission in~ matter of this magnitude; fu rther this is the proper ven ue for consideration of com plex ch ang es to the Code. [nglewoocl City Council Ntnutes January 21, 1991 -Page 6 Council Member Bullock concurred with Hr . Wiggins, stating that putting off a decision shows the ineptness of this body. He was of the opinion that Mr. Christopher's concerns are more wi th enforcement than with contents . He ex - pressed a great deal of fru s tration with the process . After further discussion ; COUNCIL MEMBER KOLTAY MOVED, AND IT WAS SECONDED, TO REMOVE FROfl THE TABLE AGENDA ITEM 10 (a). 1'Yes : Nays : Motion carried . Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton Council Members Habenicht, Van Dyke COUNCIL MEMBER BULLOCK MOVED, AHO IT WAS SECOND£0, TO APPROVE TJlLE 15 IN ITS CURRENT FORM (COUNCIL BILL ftO, 63-1990). COUNCIL NEIIIER KAIENICHT MOVED TO MIENO PAGE 9, 15 -3-1 A. TO REAi> AS FOLLOWS: A. CUTTIM OR REIIOYIN& OF WEEDS. EVERY OIINER Wl)/f». OCCUPAlff Of REAL PROP · ERTY SHALL CUT, OR CAUSE TO IE CUT, ALL VEEDS Ol &WSES OVER El~l INCHIS Ill IEllNI' IIIGIUN& l1IER£Ofl Allt SIIAl.l U.,[, OI CMISE TII: I A OF, SAID WEEDS OR &IIASS TO A SITE AlffltlllllZED FROII SUCH DISPOSAL OR TO A CONNST PILE. [UNDERSCORING DENOTES CHANGES AND ADDITION) --- lhe motion failed for a lack of• second. COWICll NEMER HAIDIICHT MOVED, Alll IT WAS SECOll>ED, TO MEND PA£! 14, 15-5-2 C. Z. TO READ AS FOLLOIIS1 C. Z, NO VEHICLE SHALL IE PARKED IN FRCINI' OF THE F1IONT SEllAClt OF THE PRIIICIML STlUCTUU IIILESS LOCATED ON A CONCRETE, BRIClt PAYER, AS· PHALT SURFACE, GRAVEL OR OTHER SIMILARLY FINISHED HARDENED OR DUST FR[E SURFAC[. [UNDERSCORING DENO TES CHANGES MD ADDITION] Ayes ; Nays: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton , Habenicht, Van Dyke None Motion carried. COUNCIL MENIER HABENICHT MOVED, AND IT WAS SECotllEO, TO ANEHD PAGE 17, 15-6·2 TO READ AS FOLLOWS: 15-6-2 ABANDONED ICEBOXES, REFRIGERATORS , FREEZERS: IT IS .'£REBY DECLARED TO BE A NUISMCE AND SHALL BE UNLAWFUL FOR MY PERSON TO STORE, MINTAIN, ABANDON OR PLACE ANY UNUSED ICEBOX, REFRIGERATOR, FREEZER OR OTHER CONP ARTMENT CAPABLE OF IEING TIGHTLY CLOSED IN ANY PLACE OR LOCATION WHATSOEVER WHICH IS ACCESSIBLE TO CHILDREN OR THE GENERAL PUBLIC WITIIOUT FIRST REMOVING THE DOORS OF SUCH ICEBOX, REFRIGERATOR, FREEZER OR OTHER COflPARTHENT. [UNDERSCORING DENOTES CH ANGES AND ADDITIONS. I I I I En9lewood City Counc:11 Minutes January 21, 1991 -Page 7 Aye s : Nays : Mot i on c arr ied . Co uncil Me mbers Ko l tay , Hathaw ay , Wigg i ns , Bulloc k. Cl ayton, Haben i cht , Van Dyke No ne 01 s cuss ion ensued concerning trashhau l ers and the! r needs wh en it come s to "t i ght f i tt in g lids " on trash co n:ai ner s. COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO ANENO ON PAGE 7 THE DEF- INITION OF "WEED" TO REMI AS FOLLOWS: WEED WEEDS, GRASS, IRUSH OR OTHER RANK OR NOXIOUS YEGETA- TJOM WHICH IS IN EXCESS OF SIX INCHES (6") IN HEIGHT AND SHALL SPECIFICALLY INCLUDE: lllOIEED (CONYOLVU- LUS), LEAFY SPRUCE (EUPHORIIA ESULA), CANADA THISTLE (CIRCIIII ARYENSE), RUSSIAN KNAPIIEED (CENTAUREA PIE.RIS), PERENNIAL SOVTHISTLE (SONCHUS ARYENSE), PUNC - TURE ¥IN£ (TRIIUIUS TERltESTIUS), SJLYElt LEAF POVERTY MEED (FRANSERIA DISCOLOR), IIOUSSEEAll POVERTY WEED (YHlASPI ARVEISEL), lltSTAADS (IWSIF.A), PURPLE- FL!>WEIED IIWIICHEIIIY (QUIIICULA LOIATA), RUSSIAN TNlS - TLE (SALSOLA PESTlFER), FIREIIEED (ICOCHIA SCOPAltlA), REDIOOT PIIVEED (M\RMTIIIS lt£TIOFLDUS), SMDIUlt (C£NClllUS TIIMOJDES), HAIRY STICIClltED (LAPPIJLA OC· CIDENTALIS), IUFFWIIUIS (SOLNUI llESTVATUN), COIIION RMIIEED (MIROSIA ELATlOY), COCICLEllll (XMffltlUN CON- UIE) I c-SIWlOIIElt (HELIAlfTHUS CEIITICULARIS) I DAIIIEI.UII (LEW11IIIIOIE TAVWCUN), DI OT1ID PUNT 01 OFFDIUM VEIETATIOII WHICH IS ltEMmlED AS A COIIIIIN NUISMIC£. THIS LIST JS NGT nrrBIDED TO IE EXCLUSIVE, IUT IIATtlEI 15 INTEIDED TO IE INDICATIVE OF TNDSE nPES OF PLANTS IIIICH ARE CONSIDEIIED NOXIOUS AND A DETRIMENT TO THE PUILIC HEALT11 Nit WtTY IUJ SHALL NOT INCLIIIE FLOWER GAIIDENS, PLOTS OR SHRUIIERY, VEIETAILE IAIOENS AND SMLL &RAIN PLOTS (WHEAT, BAILEY, OATS AND RYE). Hr . Clayton expla i ned he preferred a 110re definitive won:11119 which wo uld be ■ore conc l us i ve and enforceable , and less l ikely t o pro1110 t e neighborhood dis · putes . The pros and cons were fully exp l ored and dis cussed , after which the vote results were : ' Ayes : Co uncil Members Ko ltay, Clayton , Bu l lock Nays: Coun ci l Members Hathaway , Wiggin s, Haben i cht, Va n Dyke Motion failed. COUNCIL NENBER CLAYTON MOVED, AND IT WAS SECOIIIED, TO MElill TITLE J5 THROUGH - OUT THE DOCUMENT CHANGING ALL REFERENCES TO "OWNER OR OCCUPAHT" TO READ: ·oc. CUPAHT OR OWNER.• Aye s: Nays: Hol i a n c arri ed . Council Membe r s Kolta y , Hath away , Clayton , Bul lcck, Van Dyk e Cou nc il Membe r s Wiggi ns, Ha be nic ht Eng l ewood City Council Minutes January 21, 1991 -Page 8 COUNCIL NENBER CLAYTON MOVED, AND IT IIAS SECONDED, TO AMEND PAGE 15, 15 -5-3 A., ADDING A NEIi SUBPARAGRAPH 5 TO READ AS FOLLOWS: A. 5. THE OWNER OF A HOBBY OR DERELICT VEHICLE SHALL REGISTER ANO OBTAIN AN ENGLEWOOD STORAGE PERMIT ANO PAY AN ANNUAL NON-TRANSFERABLE STORAGE PERMIT FEE OF $100.00 FOR EACH AND EVERY HOBBY OR DERELICT VEHICLE WHICH IS NOT STORED AT ALL TINES IN A FULLY ENCLOSED GARAGE IN RESIDENTIALLY ZONED DISTRICTS OF ENGLEWOOD. Co uncil Member Clayton expla i ned the i ntent to be that derel tct veh ic l es s hould either be licensed, enclosed in a garage, or moved to so me other c i ly. Di scuss i on ensued concerning vehicles to which this s t orage permi t fee wou l d be applicable . Council Ment>er Bullock concurred that the City of Englewoo d was adversely affected by the number of derelict vehic l es and he would l i ke to see the City rid of them. It was confirmed for Council Membe r Hathaw ay that this a111endment wo·Jld not change the number of vehicles which cou l d be s to r ed on a resident's property, but it would require them to be licensed ; the restriction of the number vehicles which could be stored would remain the same . Council Meaber Koltay stated he would support the amendment . He que s- tioned if it would actually result in less derelict veh i cles, stating instead it would probably result in aore licensed derelict vehic l es. The question was called for and the vote results war ■: Ayes: Council Nellbers Koltay, Hathaway , Wiggins, Bullock , Clayton, Van Dyke Nays: None Abstain: Council Metlber Habenicht Notion carried. Council Neaber Habenicht explained she had abstained because in her opin i on there had been inadequate tl111e to explore and discuss the a111ndaent before Mr. Bullock called for the question, essentially cutting off further discussion. City Manager Fraser pointed out the need for an effective dlte for the reg- istration and issuance of the pemits called for 1n the approved amendment. City Attorney DeWitt suggested that instead of 1Nndin9 §15 -5-3 5. to show the effective date, that the ordinance itself should be amended adding a new Sec- tion 3 on Page 19 tlllll8dlately f ollowing §15 -6-6 C. which would Indicate that ITTT-3 A 5 and §15 -5-3 B 4 sha 1 not bec0111e effective until after a specified date. Dis cuss i on ensued concerning these two sections; intent was indi cated that both sections (15-5 -3 A 5 and 15-5-3 8 4) were to be amended ; however, Co uncil Member Clayton's motion concerning reg i strat i on and permit fees for derelict veh i cles only referenced and amended 15 -5-3 A by add i ng s ub se ct i on 5; no actu - al motion was made amend i ng 15 -5-3 B t o add subsection 4. (see Pfges 7 & 8) COUNCIL NENBER CLAYTON MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL BILL NO. 63 BY ADDING SECTION 3 OH PAGE 19 TO READ: §15-5-3 A 5 and§ 15-5-3 8 4 SHALL NOT BE EFFECTIVE UN TIL Af ;ER AUGUST 1, 1991. Counci l Hem ber Hat ha wa y s t ressed t he impor ta nce of publici z ing the f ac t t hat af t er Augus t I, 199 1, derelic t ve hicles must be reg istered and t ha t a Sl OO I I I I E~glewoocl C1ty Counc11 Minutes January 21, 1991 -Page 9 permit fee has been established . City Manager Fraser agreed it ls Important to help the citizens understand what their responslbll tties are under the Code . He informed Council that staff is preparing a biannual letter to all citizens hlghlight.ing various require111ents of the Code. He described this as a process of "friendly mailings to the citizens.• Vote results: Ayes: Nays: Cou11cil Members Koltay, Hathaway, Wiggins. Bullock , Clayton, Haben i cht, Van Dyke None Hollon carried. With reference to 15-5-2 Vehicles -Parking/Storage Regulations for Residen- tial DI stricts, Mayor Van Dyke suggested deleting C. 4. (a) and (bl wllich describes vellicles which may be stored on private property under certain stan- dards . After considerable discussion, specifically about boats and detached ca~pers and the possibility of amending the section to Incorporate exceptions during certain periods of the year, the following 1110tton was made: MAYOR VAN DYlE IIOVED, MD 1T IMS SECONDED, TO MEND PME 14, lll)El 15-5-2 C, 4. a. DELETING "A BOAT, TRAILER, SMLL TRAILER, OR• TH£ SECTION THEREFORE TO READ: C. 4. a. DETACHED CANPERS SHALL IE PARKED OR STORED GIil Y IN A &ARM£ 01 OTHER ENCLOSED STRIJC1VU OR IN THE AREA IDEITIFIED AS THE R£Al YMD Of THE PROPERTY IN MY RESIDENTIAL ZONE DISTRICT. NO SUCH YEMJCLE SHALL IE STORED OR IWIK£D UNLESS IT 15 SlCUIELY ILOCUD DR IESTIAIN£D FRON IIJYINI, TDPPLJNI OR FALLJNI. Vote results: A,es: Nays: Council "8!11bers Koltay, Bullock, Clayton, Van Dyke Council Meltbers Hathaway, Wiggins, Habenicht Motion carried. Council Member Hathaway connented there Is a need to realistically deal with conwnerc1al vehicles which are brought hOM in residential areas and parked on the streets. Sha was of the opinion tt aay be unfair to restrict s011eone from their fair means of trade if the vehicle ts being used for that person to get to and from work. She suggested at some point in time that situation be con- sidered as an amendment to this ordinance . City Attorney DeWitt suggested that co .. ~t'l consider deleting 4 . a. under 15- 5-2 C. changing 4. b. to 4. a. Dlscus ,l on ensued . IIAYOR VAN DYKE MOVED, AHO IT WAS SECONDED, TO AMEND PAGE 14, DELET!NG 4. a . FRON 15-5-2 C. ~ INCORPORATING 4. b. INTO 15-5-2 C. 4. TO READ: C. 4. DETACHED CAJIPERS SHALL BE STORED lN THE AREA IDENTIFIED AS THE REAR OR SIDE YARD ANO SHALL BE STORED ON BLOCKS OR SUPPORTS NOT NORE THAN SIX INCHES (6") IN HEIGHT, OR OM ITS LOADING JACKS OR APPARA- TUS AT THEIR LOWEST LIMITS, ALL LOADING EQUIPMENT SHALL BE IN GOOD REPAIR. Englawood City Council Minutes January 21, 1991 -Page 10 Vote re sults : Ayes: Council Members Koltay, Hathaway, Wiggins , Bullock, Clayton, Van Dyke Nays : Motion carried. Vote results on amendments: Council Member Habenicht approva l of Agenda Item 10 (a) including all approved Ayes : Council Members Koltay, Hathawa y , Wiggins, Bullock, Clayton, Habenicht, Va n Dyke Nays: None Motion carr1 ed . City Attorney DeWitt 1 n formed Counc 11 it would be necessary to republish this item as amended prior to its final approval. City Manager Fraser infor11ed Council that the next reading of this item will be at the February 19th meeting . Council Member Koltay offered appreciation to the Task Force, to the Planning and Zon i ng Co•ission, and to staff for their efforts in the adoption of this section of the Code . To those who might object to the restrictions contained in Title 15, he co-nted there are few co-,nities left who have not ad- dressed these issues and adopted slMllar restrictive covenants. He stated his opinion that these changes would be advantageous to our co111111unity and a credit to the people who worked toward this end . 11. ONllnances, lesotutlons and Notions (1) Director Fonda presented a recoaendatlon fr0111 the Bi -City Super- visory COtlllllttee to adopt a bill for an ordinance approving an easement to the Public Service Coapany of Colorado for the installation of gas line service to replace the existing gas line which will be disconnected for construction pur• poses at the Bi-City Wastewater Tr11t11ent Plant. Mr. Fonda stated thera would be no financial i11p1ct upon the City 1s I result of this ease111e11t. The Ci ty Clerk was asked to read Council Bill No. 9, entitled: COUNCIL BILL NO . 9, INTRODUCED BY COUNCIL MEMBER HATHAWAY A Bill FOR AN ORDINANCE GRANTING PUBLIC SERVICE COf1PANV OF COLORADO A UTILITY EASEMENT FOR A GAS LINE ON THE PROPERTY LOCATED AT THE Bl -CITY WASTEWATER TREATMENT. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE ON FIRST READ· ING COUNCIL BILL NO. 9, SERIES OF 1991. Ayes : Council Members Kolt .iy, Hathaway , Wigg i ns, Bullock , Clayton, Habenicht , Van Dyke Nays : None Motion carried. (b} Council Member Bullock proposed a bill for an ordinance proh ibiti ng candidates for election to the office of Ci ty Co unc il of the City of Englewood from ac cepting Political Act io n Committee (PAC) contributions from interests located outside the City. The City Clerk wa s asked t o read Counci l Bill No. 10, entitled : I I I I Englewood City Council Minutes January 21, 1991 -,age 11 COUNCIL BILL NO. 10, INTROOUCEO BY COUNCIL HEHBER BULLOCK A Bil l FOR AN ORDINANCE PROHIB ITING CANDIDATES FOR ELECT ION TO THE OFFI CE OF CITY COUNCIL FOR THE CITY OF ENGLEWOOD FROfl ACCEPTING P.A.C. (POLIT ICAL ACTION C~ITTEE) CONTRIBUTIONS FROl4 INTERESTS LOCATED OUTSIDE OF THE CITY. COUNCIL NENBER BULLOCK MOVED, AND IT WAS SECONOm, TO APPROVE ON FIRST READING COUNCIL BILL Nij, 10, SERIES OF 1991. Hr . Bullock explained the purpose i n proposing th i s leg i slation I s to pr eve nt exterior PACs fr0111 influencing the results of mun i cipal elections by con - tributing large sums of money to c.indidates . He stated the legislation as proposed wou l d prevent Pol i t i cal Action Connlttees who are not d i rectly touched or concerned by the actions of the City or City Council fr011 hav i ng a voice in City affa i rs . He urged support of Council Bill No . 10 . Before add i- t i onal di scussion , however, he offered the following alll!ndllll!nt: COUNCIL MENIER BULLOCK NOVm, AND IT WAS SECONDm, TO ADD AN ADDITIONAL SEC- TION TO READ: SECTION 9. MY COUNCIL NDIIER SHALL HAYE STANDINC TO REQUEST THE CITY ATTORNEY TO BRIii& A COIIPLAINT ON IIDIALF OF THE CITY FOIi VIOLATIONS OF THE FOREGO!• IN IUIICIPAL COURT. He explained the purpose of the amendaent is "to give it teeth" to provide necessary enforc111ent. The a111endaent was thoroughly discussed with Council Metllber Habenicht stating her opposition. Current reporting laws were discussed . Vote results: Ayes: Nays: Alllend111nt carried . Council Ne■bers Koltay, Hathaway, Wiggins, Bullock , Clayton Council Ne■bers Habenicht , Yan Dyke Impl i cations of specific sections and word i ng of the council bill were ques- tioned and It was agreed to discuss each sect i on separately to reach consen sus of understanding. Section I. No candidate or elected officia l shall accept a con - t ri bution of any ki nd from a pe rs on or pol i t i cal conwn l tt ee not residing in [nglewood . Cou nc i l concurred that Section 1 as wr i t t en wa s gen e rall y und er stood. Howe ver , concern s wer e r a ised abou t t he exact me an in g of "co ntributio n ." After much discussion and const e rnat ion on the part of se vera l coun ci l persons a mo t i on l o ame nd wa s propos ed : £n9lewood Clty Counc11 Nlnutes January 21, 1991 -Page 12 COUNCIL NEMBER HABENICKT MOVED, AN> IT WAS SECONDED, TO AMEND SECTION I BY ADDING THE WORD "MONETARY" TO READ: SECTJON 1. NO CANDJDATE OR ELECTED OFFICIAL SHALL ACCEPT A MONE- TARY CONTRIBUTION OF ANY KIND FROM A PERSON OR POLITICAL COMMITTEE NOT RESIDING IN ENGLEWOOD. Various ques ti ons were ra i sed . Whether or not unsol icited fliers wou l d be considered a vi olat i on was discussed . It was determ i ned t hat unsol icited flier s would not be considered a violation . Whether or not an E~glewood bu s i - ness person who does not reside i n Englewood would be prevented from making a monetary contribution was brough't up , ind 1t was stated that an Englewood bus i ness person, regardl ess of residen cy, does have a franch i se by vi rtue of the business ownersh i p and would not be prevented from contributing . Vote results on amendment to Section I: Ayes: Council Members Koltay, Hathaw ay, Wigg i ns, Bullock , Clayton Nays: Council Members Habenicht, Van Dyke Amendment carried . Section z. No amendments were proposed . Section l. Any candidate or elected official who accepts PAC resources of any type shall be barred froa voting on any Issue which di - rectly touches or concerns the PAC or Its affiliated organizations. and Section 4. Any candidate or elected official who acc ,,pts PAC resources of""any type shall not be barred fro111 voting on any i ssue 1f such Issue only lnc1 d ntally touches or concerns the PAC or its affil i - ated organization . Council Member Habenicht questioned i f a candidate Is not allowed to accept contributions from outside PACs why 1s there delineation about anyone who does. Further d i scussion ensued about conflicts o f Interest and how this sec- t i on and Section 4 could adversely affect future voting on major complex is - sues involving varied matters (e.g ., Title 15). COUNCIL HEMBER KOLTAY HOVED, AND IT WAS SECOIIJED, TO STRIKE SECTIONS 3 AND 4, Before voting, there was additional dialogue about how "conflicts of in teres t" could/should be monitor ed . Vot e r e su lt s on ame ndm ent to s t r i ke Sect i~n s 3 and 4 : Ayes : Co uncil Members Koltay , Ha th away , Wiggi ns, Bull oc k, Cl ayton Nays : Counc il Member s Ha ben i cht , Va n Dy ke Am endment car ried . I I I I Engl-4 Ctty Council Minutes January 21, 1991 -Page 13 Section S. Acceptance of any type of resource, finanr;al or otherwise, from any citizen group whose member shi p inc ludes citizens who do not reside within the City of Englewood shall constitute a violation of this ordinance . A questlot, was raised concerning 111hat constitutes 1 "citizen group.• After lengthy discuss i on, COUNCIL NEIIBER BULLOCK MOVED, AND IT WAS SECONDm, TO AMEND SECTION 5 BY IN- SERTING THE PHRASE "OR WHO DO NOT HAVE A PHYSICAL PRESENCE" BETWEEN THE WORDS "RESIDE" AND "WITHIN" TO READ: SECTJON 5. ACCEPTANCE OF ANY TV,E OF RESOURCE, FINANCIAL OR OTHEII- IIISE, FRON liNY CITIZENS &ROUP WHOSE NDIIERSHIP INCLUOES CITIZENS WHO DO NOT RESIDE OR 11HO DO NOT HAVE A PHYSICAL PRESENCE WITHIN THE CITY OF EN- GLEIIOOO SHALL CONSTITUTE A VIOLATION OF THIS ORDINANCE. Whether a group Made up of citizens, regardless of their residency, but which did not "have a physical presence" within the City could support a candidate WIS brought up. Council Metnber Bullock strongly stated the group could not contribute by virtue of Its lack of physical presence within the City which in his opinion ~isfranchised such groups fr011 participation in the local election process. It was pointed out, however, that Englewood individuals within the group cer- tainly could ■ake contributions on their own. Concern WIS raised about the poss lb11 ity of this leading to "sneaky and quiet ways• of support Ing candidates fina11chlly and non-financially. Council Mellber Bullock explained that the proposed leg1slatfon •ts directly meant to circ111111ent organizations like the South Metro Chaaber of Connerce and Board of Realtors fr011 pooling their resources which Include 1110stly outside Interests outstde of the City and di vvying up contributions in-kind to support a candidate for an office In Englewood when they th•selvas do not have a di- rect franchise In the City and have no oosiness tnfluencing our elections ." Council Me■ber Habenicht disputed th is statetnent c-nting she did not fee l these groups were attempting to "buy candidates" or "direct or pull strings " by their support. Council Member Bullock countered stating examples which In his opinion proved his point. Further debate ensued. The question was cal l ed ; vote results were: Ayes: Council Me mbers Koltay, Hathaway, Wiggins , Bullock, Clayton Nays : Council Members Habenicht, Van Oyke Am endment carr ied. It wa s clar ified that should South Metro Chamber of Commerce, or a similar or ganizat i on, have a location with in the ci ty 1 lmits, then by virtue of it s Englewood Ctty Council Ninutes January 21, 1991 • Page 14 phy sic al presence, no problem would exist in accepting contribut i ons from the organization . Section 6 . No amendments were proposed. Section 7. No amendments were proposed . Section 8. All forfe ited amounts shall be deposited to the General Fund of the City. City Attorney DeWitt questioned the need for Section 8. COUNCIL NEJIIER BULLOCK NOYED, MO IT WAS SECONDED, TO STRIKE SECTION 8. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Cl1Yton, Habenicht Nays: Council Nellber Yan Dyke Amendment carried. Section 9 . Any Council Member shall have standing to request the City Attorney to bring a CClllplaint on behalf of the City for violations of the foregoing In Municipal Court. City Attorney DeWitt point out that §l-7A-l of the Englewood Munic i pal Code deals with this matter and he questioned the need for Section 9 in this legislation. Council Netlber Bullock responded th1t Section 9 is critical to establish "very clearly and concisely" who has standing. He urged the SKtion rnain as writ- ten. Discussion ensued regarding exactly who does have standing. COUNCIL NEIIIEl HATIWIAY IIOYED, AND IT IIAS SECOIIJED, TO MEND SECTION 9 TO READ: SECTION 9. NfY CITIZEN SHALL HAYE STAll>INB TO ll[QUEST TH£ CITY ATTOIINEY TO IRING A CONPLAINT ON IEIW.F OF THE CITY FOR VIOLATIONS OF THE FOREIOI• IN NUIIICIPAL COURT. Ayes: Nays ; Amendment carried. Council Metllbers Kolhy , Hathaway, Wiggins, Bullock, Clayton Council Membe rs Habenicht, Van Dyke City Attorney DeWitt po i nted out th at the legislation as written does not fit into the Code, and he su ggested an amendment be made to id ent ify this as §1·5· 2 CAMPAIGN CONTRIBUTIONS and that ea ch section be identified as a sub section under §1 -5 -2. COUNCIL MEMBER BULLOCK NOVED, AND IT WAS SECONDED, TO AMEND COUNCIL BILL NO. 10 TO IDENTIFY ANO ENACT §1 -5-2 CAMPAIGN CONTRIBUTIONS WITH SUBSECTIONS A THROUGH F INCORPORATING SECTIONS l THROUGH 9 AS PREVIOUSLY IDENTIFIED AND AMENDED, HAVING DELETED BY ~OTlOHS SECTIONS 3, 4, ANO 8. I I I I Englewod City Council Nlnut11 January 21, 1111 -Page 15 Ayes: Nays: Anlendm~nt carried. Council Members Koltay, Hathaway , Wiggins, Bullock , Clayton Council Members Habenicht, Van Dyke COUNCIL MEMBER CLAYTON MOVED, AND lT VAS SECONDED, TO ADD ANOTHER SUB-SECTION 6 TO READ: 6. NOTHING IN THIS ORDINANCE SHALL PttEVEHT NIY OR&ANIZATION, BUSINESS, ASSOCIATION, CITIZEN, OR GROUP FRON Ell>ORSJINI OR SUPPORTING ANY CANDIDATE AS LON& AS NO IIONEY OR OTHER CONTRIBUTION IS GIVEN TO THE CANDIDATE OR HIS CMPAIGN ORGANIZATION EXCEPT BY INOIVIOUAL RES!· DENTS NIU BUSINESSES LOCATED WITHIN THE c1n LIMITS OF ENBLEVOOO. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht Nays: Council Member Van Dyke Anlend11ent carried. COUNCIL NEJIBER KOLTAY NOVED TO FURTHER NIEi) SUBSECTION A (PREVIOUSLY IDEN- TIFIED AS SECTION 1) BY REMOVING TH£ VOIIDS •PERSON" NI> "Oil.• Council Member Bullock urged that Subsection A reaaln as approved. The inotion died for a lack of a second. Mayor Van Dyke asked for closing c-nts. Council Nellber Koltay had none. Council Nellber Hathaway stated the aaandllents clarified necessary points, and she would be voting in favor. Council Nlllber Wiggins c01111ented to Mr. Bullock that he was sorry "tt got so torn up." Mr. Bullock stated "it still has Its teeth." Mayor Van Dyke stated she disagreed In principle, that "we're mixing politics with legislature .• She does not think PAC 1110nles represent a large part of the elective process; that individual contributions can easily circumvent PAC 110ney. Lastly, that thfs would place requirements on future Council candi- dates and future Council Members and that she Is not comfortable doing so. Council Member Habenicht stressed that the current system works, candidates give full disclosure of the funds they receive. By passing this, •we're open- ing the door to quiet, underhanded backdoor kinds of deals • which "brew and fester corruption." For that reason she opposes it, preferring a system which keeps things in the open. Council Member Clay t on conwnented that In his opinion PAC money ls not a big factor i n the City . Nor does he th i nk PAC money is necessary for Ci ty t ·~c- tions. He feels it is unfortunate that the debate has focu sed around the on - go i ng and hist or i cal controversy bet ween the Sout h Metro Chamber of Co mm erce En9lewood City Council "1nutH January 21, 1991 -P•t• 19 and the Greater Englewood Chamber of Conmerce ; further, that it wo uld be un - f ortunate if the debate were misunde rs tood by cit i zens , residents , or Engle - wood bus i ness people that th i s Council i s no longer I nteres ted in support i ng South Metro Chamber of Co11111erce . He stated he would vote in f avor as "phi losoph i cally , we should keep our elect i ons on a local bas i s ." Coun ci l Member Bul l oc k re i terated hi s po s ition s l atin g, "I t 's Inh erently wrong f or any organ i zat i on who does no t have a dire c t fran ch ise i n t he Ci ty of En - glewood to be able to I nfluence 1ts pol i t ics and to take resources, not only from bu~l ne s •"t s or Interest within Englewood, but fr om a lar ge con stituenc y outs !:Je ~f ;:11 ~lewood and then to pool those resources into a c-oncentra ti c,n of res,.,.r ; •• .;:·J leverage those resources to be able to give those re sources t o cand1 1'1t es bJ way of influenc i ng the elections here in Englewood ." He s tron g - ly ur9~d passage of Coun ci l Bi ll No . 10 . Vote results: Ayes : Co uncil Members Koltay , Hat haway, Wiggins, Bu l l~ck, Clayton Nays: Council Melllbers Habenicht, Van Dyke Amendment carried, and Council Bill No . 10 as 111e11ded was approved on first reading. (c) Council Member Habenicht presented a resolut i on approving Engle - wood's 111embership In Alllerlcan Connun i tles for Cleanup Equ i ty . The resolution was assigned a number and read by title: RESOLUTION NO . 3, SERIES OF 1991 A RESOLUTION APPROVING THE CITY OF ENGLEWOOD'S HE"8ERSHIP IN MERICAN COMJNI - TIES FOR CLEANUP EQUITY. COUNCIL MENIER HABEN ICHT IIOYED, MD IT WAS SECOll)ED, TO APflAOVE RESOLUTION NO. 3, SERIES OF ,~91. Council Melllber Habenicht ,..inded Council she had brought this matter to their attention previously, and that City Attorney DeWitt had reviewd the litera- ture concerning American Coauntties for ~leanup Equity . She advised that 1n Hr. DeWitt' s opinion metlbershlp in the organlzat Ion would be helpful to the Ci ty in Its pursuit of resolv i ng Superfund legislation . Vote results: Ayes : Nays: Motion carried . Council Members Koltay, Hathaway, Wiggins , Bul l ock, Cl ayton , Habenicht , Van Dyke None Du e t o t he s pec i al s t atus of the mee ti ng, no d i sc us s ion occurred un der Agenda It ems 12, 13 , 14. • * * • * I I I Englawood City Council Rinutts January 21, 1991 -Page 17 JS . Adjourn11ent COUNCIL "EMBER SULLOCk NOYEO TO ADJOURN. The meeting adjourned at 11:00 p.m . - ",Al ( (,, ((.