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HomeMy WebLinkAbout1991-02-04 (Regular) Meeting MinutesI I I. Ca 11 to Order ENGLEWOOD CITV COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Re ular Session February 4, 1991 The regular meeting of the Englewood City Council was called lo order by May or Van Dyke at 7 :35 p .m. 2 . Invocation The inv~cation was given by Council Member Bullock. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Van Dyke . 4. Roll Call Present: Absent: A quorum was present. Also present: S. Minutas Council Melllbers Hathaway, Koltay, Wiggins, Bullock , Clayton, Habenicht, Van Dyke None City Manager Fraser Assistant City Attorney Grimm City Clerk Crow Director Wanush, Co11111unlty Development Acting Director Fonda, Public Works Director Black, Recreation {a) COUNCIL MEMBER WJ66JNS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JANUARY 21, 1991. Ayes: Council Members Koltay, Hathaway, Wiggins , Bullo ck, Clayton, Habe ni cht, Van Dyke Nays : None Mot ion carried. (C[TV CLERK 'S NOT[: COUNC :L MEMBER BULLO CK MADE REFERENCE TO A CHANGE HE WIS HED HAD [· AFT ER DISCUS51NG THIS WITH MR. BU LLOCK, IT I/AS DETERMINED THE JANUA RV 21 . 1991 , MINUTES DID NOT REQUIRE CORRECTIVE ACTION .) 6 . Pre-scheduled Visitors En9l1woou City Council Minutes February 4, 1991 -Page 2 (a) Mayor Van Dyke presented on behalf of the City the 199 1 con l ribu- t ions to the follow ing agencies: Court Hous e, Inc. Meals -on-Wheels Arapahoe Menta l Health Arapahoe Philharmonics Ho1iday Parade Corrrnittee Gateway Battered Women lnterFaith Task Force Save -t he-Horsec ar Committee $ 2,500 3,000 2 ,(1 00 I ,t 0 2,000 2,500 13,000 I, 500 . (b) Resolutions a~, 1inting/reappoint i ng members tc., various boards and corrmi ssi ons were cons idereJ. The resolutions were ass i,Jned nu mbers and read by title: (i) RESOLUTION NO . 4, SERIES OF 1991 A RESO U'TI ON REAPPOINTING JAHES TOT1 0l'l TO fliE ENGLEWOOD URBAN RENEWAL AUTHORI - TY FOR THE CITY OF ENGLEWOOD. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 4, SERIES OF 1991. Ayes: Nays: l'lotion carried . Council Members Koltay , Hathaway, Wiggins, Bullock , Clayton, Haben i cht, Van Dyke None Kr. Totton's appolntnient will expire February 5, 1996. (I i ) RESOLUTION NO. 5, SERIES OF 1991 A RESOLUTION REAPPOINTING BETTY WILSON TO TH[ ELECTION COMMISSION FOR THE CITY OF ENGLEWOOD. COUNCIL MEMBER HATHAWAY MOVED, ANO IT VAS, SECOIIIED, TO APPROVE RESOLUTION NO. 5, SERIES Of 1991. Ayes: Nays: C ncil M mbers Kolta.y, Hathaway, Wigg ins, Bullock, C dy ton, Habenicht, Van Dyke None Motion carried. Ms. Wilson 's a pointment wil l expire February I , 1995 . (111) RE SOLUTION NO. 6 , SERIES OF 1991 A RESOLUTION REAPPOIN TIN G LINDA COHN TO THE BOARD OF ADJUSTMENT ANO APPEALS FOR THE CITY OF ENGLEWOOD. COUNCIL MEMBER HATHAWAY NOVED, AHD IT WAS SECOND ED , TO APPROVE RESOLUTION NO. 6, SERIES Of 1991. Ayes : Nay s: Moti on carried. Council Members Koltay. Hathaw ay, Wiggin s , Clayton, Habenicht, Van Dyke None Ms. Cohn 's appointment will expi r e Feb ruary I, 1995 . Bullo ck, I I I Englewood City Counctl Mtnutes February 4, 1991 -Page 3 (iv) RESOLUTION NO. 7, SERJES OF 1991 A RESOLUTION REAPPOINTING DONALD SEYMOUR TO THE BOARD OF AD J USTMENT AND AP - PEALS FOR THE CITY OF ENGLEWOOD. COUNCIL MEDER HATHAWAY MOVED, All> IT WAS SECONDED, TO APr~OYt RESOLUTION NO. 7, SERIES OF 1991. Ayes : Council Members ,:olt ay, Hathawa y , Wiggin:;, Bullock, Clayton, Habenic ht , Van Dyke Nays: None Motion carried. Mr . Seyinour's appointment will expire r ,,t ruary 1. 1995. Mayor Van Dyke presented Mr. Seymour with the Appointment f.ertlflcate and the City's logo lapel pin In appreciation of his efforts as a mera ~er af t he Board of Adjustment and Appeals . {v) RESOLUTION NO . B, SERIES OF )99) A RESOLUTION REAPPOINTING CARL WELKER TO THE BOARD OF AOJUS 1l-lEflT AND APPEALS FOR THE CITY OF ENGLEWOOD. COUNCIL MOIIER HA11WIAY NOVm, AND IT IIAS SECOll>ED, TO APPROVE IESOLUTION NO. 8, SERIES OF 1991. Ayes: Nays : Motion carried. Nr. Council Menlbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habtntcht, Van Dyke None Welker's appotntaent will expire February I, 199S. (vi) RESOLUTION NO. 9, SERIES OF 1991 A RESOLUTION APPOINTING NEIL McELHINNEV TO FILL A POSITION OH THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHOIIITV FOR THE CITY OF ENGLEWOOD . COUNCIL NEMIIER HATHAWAY MOVED, AND IT WAS SECONOm, TO APPROVE RESOWTION NO. 9, SERIES OF 1991. Ayes: Nays: Counc l Members Koltay, Hathaway, Wiggins, Bullock, Clayton , Habenicht, Van Dyke None Mot I on carrl ed . Mr . Mc[lhinney's appointment will e xpire June 30, 1992. (vii) RESOLUTION NO. 10 , SERIES Of 199 1 A RESOLUTION APPOINTING RUTH SMITH TO FILL A POSITION ON THE ELECTION COr-t41S - SION FOR THE CITY OF ENGLEWOOD . COUNCIL MEMBER HATHAWAY "OVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO . 10, ~ERIES DF 1991. Ayes: Na ys: Moti on carried . Ms . Council Members Koltay, Hathaway , Wi ggin s , Bullo ck, Cla yton , Habenicht , Van Dyke None Smith's appo intme nt wi ll exp i re February I, 1992 . 7. Non-scheduled Vis i tors £ngl•wood C1ty Council Ntnut•s February 4, 1991 -Page 4 (a) Selwyn Hewitt, 4915 South Pearl Street, corrmended Council for their efforts In addressing the issue of certain nuisances and environmental prob - lems which exist in the co11111unlty . He tOfflllented, however, that certain parts of the code as 1t is proposed require further review specifically as it re-I l at es to "hobby ind derelict vehicles.• He suggested that Council consider exempting one hobby vehicle per residence from the $100 registration/permit fee . He stated i n his opinion it Is excessive to charge a fee for a hobby vehicle just because the veh i cle is not licensed or used on a daily basi s but otherwise maintained . He was also concerned about collectors' cars and recre - ational vehicles, con t rol of which he did not feel was ad dr essed by the pro - posed changes. Again, he suggested ex empting one vehicle of any type (motor home, hobby, aut011ob1le, boat, etc .) which is properly maintained from the registration/permit fee. It was explained to Mr. Hewitt that one purpose of the propos ed changes is to rid the City of its "junk car problem.• Mr . Hewitt agreed that unsightly vehicles or vehicles in disrepair should be el lminated, but he countered there Is a dHference between those vehicles and vehicles which are totally whole and serviceable hut for one reason o~ another are not licensed . He contended that the kind of vehicle he was suggesting be exempted is not an eyesore or a detriment to the c-,nity. It was pointed out that effective J1nua .y l, 1991, 111 collector vehicles will require insurance before collector plans can be issued. The definitions of "derelict v•hlclt" and "hobby vehicles• were discussed. COUNCIL NDIIEl CLAYTON MOVED, MD IT IIAS SECOIIIED; TO IIJNG FOIIIIARD AGENDA ITE" ll(d}. A.res: Nays: Council Nelllbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None Motion carried. • • • • • II . (d) The City Clerk was asked to read Council Bil l No. 63 .1, entitled: COUNCIL BILL NO. 63.1 , INTRODUCEO BY COUNCIL HEHBERS HATHAWAY ANO CLAYTON A BILL FOR AN OP.OINANCE AM EN DING ENGLEWOOD MUNICIPAL CODE 1985 BY REPEALING PARTS OF TITLE 6 , TITLE 11, ANO TITLE 16 AND ADDING A NEW TITLE 15. COUNCIL HEHB£R CLAYTON HOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL BILL NO. 63.1. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECOIIIEO, TO SUSPEND THE RULES TO ALLOW OTHER CONCERNED CITIZENS TO SPEAK TO THIS ISSUE. Aye s : Counc il Members Koltay , Ha t haway, Wig g i ns , Bull ock, Cl ayton. Haben i cht , Van Dyke Na ys: No ne Mot i on ca r r ied. I I Englewood Ctty Counc11 Minutes February 4, 1991 -Page 5 Betty Keena, 4801 South Ka lama th St eet, brought t ~ Counc 11 ' s attention a situation which might arise if it were necess,·1 fo 1· ~ 111ecnc eslding in the City to store a vehicle for I friend or rehtive ,,tio has belln called to active military duty. Counc 11 Member Clayton responded to Mr. ,<ew1 t t · co11111enls. He exp hi ned he feels the issue 1s hr broader and invo lv• t'I• re than the appearance of Mr. Hewitt's hobby vehicle; that there are a tre,:1c ~t-us ~umber of cars throughout the City which are not maintained and "which are rotting Into the ground ." He stated this ts an issue where the good of the co11111u,lty must overshadow the rights of the Individual In order to deal effectively with the rrobll!fll. He stressed that a 1 icensed, Insured vehi ci e would not be subject to the permit fee. He pointed out the effective date of August 1, 1991, gives owners an opportunity to get rid of vehicles in disrepair. Concerning Hs. Keena's com- ment, he felt a special permit could be issued for military service personnel. Council Member Habenicht expressed concern over the possibility that by legis - lating the SlOO permit fee, we may be creating situations whereby people with yard space may be willing to store hobby(derel let vehicles for others, a situation which would not alleviate the pro ifcratlon of excessive junk vehi- cles. She felt Nr. Hewitt's s1199estfon of exe11pting I singular vehicle would possibly stop the proliferation. COUNCIL NEJIIEI HAIDICHT IIOftD, Allt IT IIAS SICOIIJED, TO AIIDI» 15-1·1 A S TO ADO A NOVISION TO UDll'T ON£ VEHICLE PO HOUSEHOLD FROII TIE RUISWTION MD PEIIIUT FEE REQUIIENEIIT , The pros and cons of such an exe111ption were discussed. Mr. Clayton ca.anted there would not be 1111ch point to the ordinance H each residence had one ex- empt ion. The SlOO pen11it fee "puts tHtll" into the ordinance. It was clarified that the pen1lt fee fs •vehicle specific.• Again, 1t was pointed out that ff a vehicle were licensed and insured tt would not COIN! under the provision of the pe1'1111t. Vote results on proposed amendlnent: Ayes: Council Nelllbers Habenicht, Van Oyke Nays: Council Members Koltay, Hathaway , Wiggins, Bullock, Clayton Motion failed. Mayor Van Oyke asked for final connents before voting on Council Bill 63.1 . Council Member Koltay offered tr, .. he felt the SlOO permit f ee will address the matter of unsightly veh i cles · disrepair; that citations will result in owners getting a permit or getting Id of the vehicle. Council Hember Hathaway added that the City does conduct auctions for derelict/junk vehicles which are left on the street. Mayor Van Oyke stated s he supports the ord i nance as being a step in the right dire c tion even though Counc i l may re ceive cons i derable feedback about the "one c a r." En9lewood City Counc l l K!niites February 4, 19\11 -P19• ti Counc 11 Member Habenicht stated she too supports the s-: 11 which shows a con - certed effort on the par t of concerned cit1zens representing both s1des of the issues who came toge he r a~d through their efforts have presented Council with Title I!'>. Council Member Clayton s tated he can understand how attached some folks are to their vehicles: howeve r, ~~ nopes they will reconsider and decide whether or not those vehicles should be stored in their yards . He hopes Englewood 's ap- pearance will be the bene fici ary of those decisions " Council Member Bullock had no collllN!nt. Further discussion ensued about ad111in1stering certain provisions of the or - dinance . It was agreed that prior to August J, 1991, various enforcement points need to be discussed with the Ci ty Attorney. The Intent was clear that a licensed, insured, operable vehicle regardless of Its type was eKempt fro~ the $100 per-.1t fee. Council Menlber Habenicht offered that there is confusion between the defini- tion of hobby vehicle and derelict vehicle especially since the definition of hobby vehicle Includes dere l ict vehicle; further, that perhaps classic vehi- cles should be ex911Pted or SOIIII! note should be ■ade that licensed vehicles are not included. Assistant City Alt0MM!)' Grl• explained that that Is acc1111- plished by cals~ion. Council Member Hathaway called for the question: vote results on approval of Council 8111 63.1: 1'Yes: Nays: '4otion carried. Council Heabers Kolhy, Hath111u1y 1 Wiggins, Bullock, Clayton, Habenicht, Van Dyke None Hr. Hewitt returned to the podium and again expressed his concern about multi- ple vehicle storage . • * • • * At this point, Council returned to the agenda • Non -scheduled Visitors . 7. (bl Betty Keena, 4801 South Kalamath Street, addressed Council concern- ing Council Bill No. 10 .1 • PAC contributions. She stated this wou ld be a difficult bill for a candidate to argue against, and it is very unlikely that she will become a candidate. Therefore , she has no vested interest In whether or not the bill Is passed. Her main concern was how the bill would be enfor- ced and what the cost of enforcement would be. She mentioned that no statute of limitations was included in the bill wh ich puts people who run for office at a d i sadvan tage . She COl!ITlented abo ut the problems Involved in corporal ions whe n it becomes necessary to verify qualified contributi ons . She rem i nded Co unc i l that It is camion practice for corporations to establish an offi ce as the business requires from ti m o time , which also ma ke s it difficult to determine "ph ysic al presence ." M,. Keena offered sever al scenari os whi ch in I I I I En91-,oc1 City Council "1nutes February 4, 1991 • P19e 7 her opinion might taint contributions or a candidate's ability to accept cer - hln 110nles or sponsorships. She stressed the record keeping aspect of the proposed ordlnanci? and wondered what City depart,ent would be charged with enforcing It. She urged that the bill not be passed; however, if Counci l i ntends to pass it, she recolffllends finding out the co s t of enforcement. ShP also urged that statutory limits be included. Another o~tion would be to fol - low fonner Senator Cole 's exa~ple of accepting no contributions . Council Member Bullock countered Ms . Keena 's remarks, advising that many of her questions and conments had b~en addressed at the last r.o,nc i l meeting . He mentioned , 1111ong other th I ngs, that statutory limits are 11\l':. necessary, ,hat people or organizations outside the City do not have a fran chi se or right to influence City elections, that the court is the proper pi ac e to determine validity of charges of violation. He corrmented the ordinance 1~es not sugge s t add i tional reporting requlreaents. Ms. Keena responded. Counc 11 Member Habenicht suggested bringing for ·ward Agenda Item ll(c) If further debate Is necessary . COUNCIL NEJIIEII IIAIBIICHJ NOYED, AND IT IIAS SECONDED, TO N I N& FORVAIID AGENDA ITEN ll(c). ~es: Nays: Notion carried. Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None • • * •• 11. (c) The City Clerk was asked to read Council Bill No. JO .I, tnt1tltd: COUNCIL BILL NO . JO. I, INTRODUCED Bl COUNCIL MDIIER BULLOCK A BILL FOl AN ORDINANCE PROHIBITING CANDIDATES FOR ELECTION TO THE OFFICE OF CITY COUNCIL FOR THE CITY OF ENGLEWOOO FROM ACCEPTING PAC (POLITICAL ACTION C~ITTEE) CONTRIBUTIONS FROM INTERESTS LOCATED OUTSIOE OF THE CITY, AMENDING ENGLEWOOO tfJNICIPAL CODE 1985, TITLE I, CHAPTER 5, SECTION 2 BY AOOING A NEV SUBSECTION 12. COUNCIL NEMl1EII BULLOCK MOVm, AND IT WAS SECOIIIED, TO APPROVE AGENDA ITE.N ll{c). Council Member H1ben1cht stated that several of Hs . Keena's co111T1ents mirrored her own conce ~ns . She stated the ordinance targets two groups, in particular the South Het,·o Chamber of Commerce and the South Suburban Board of Realtors , both of whom have i11te;rest in Englewood but are physically located outside the City. However, in her opinion, both groups have de1110nstrated through Inter - viewing , endor s ing , and contr i buting funds to candidates for local elect i on s that they seek thoughtful , info rmed candidates who wi 11 work to improve the conwnun i ties they serve. She took particular offense to the second "Whereas • i n the ord i nanc e wh i ch ind i cates there is a direct connection betw een the PACs and the vot i ng records of certain count I 1 persons . She continued by stating the or d i nance ch astises t wo gro ups who have proven to be positive forces i n Englewood City Council Minutes February 4, 1991 -Page 8 the south metro region for being good citizens, for striving to enhance real estate and economic development markets. The Bl 11 goes on to say that If either of these groups would move their office into the City, then their i n- fluence and money woul d be okay . As she finds the second "Whereas" onerous and wi thout reason, COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO STRIKE THE SECOfilO "WHEREAS" FROII COUNCIL BILL NO. 10.l. Council Member Habenicht explained she objected to the inflammable contents of the second "Whereas.• further, that it contained numerous uncalled -for innuendoes. Vote results: Ayes: Nays: Notion failed. Council Members Clayton, Habenicht, Van Dyke Council Members Koltay , Hathaway, Wiggins, Bullock Council Helllber Bullock expressed regret that Ms. Keena had left the meeting before he had an opport · ,ity to respond 110re fully to her c~nts. He stated this bill is an effort .o point people in the right direction . He reiterated his belief that the best fact-finding foMIII ts the court syste ■, letting a neutral party detennine the facts. He disagreed with Ms. Habenicht that the forces of the South Metro Chamber of COIINrce and the South Suburban Board of Realtors have been positive, and he stated the "revolving door" relationship set forth in the second "Whereas" has happened and that is the reason for this ordinance. Council Neaber Hathaway explained t~at It Is her Intent in voting In favor of this ordinance to e11•inate all PACs even those within the City if they en- dorse a "revolving door" relationship. She concurred with Ms. Keena that there may be enforcement problems but felt those probleas could be worked out. She offered that this Is a prerequisite for things about to happen on the State level as well as the national level. She spoke about the need for all elected officials to hold themselves accountable. Council Member Bullock agreed this 1s a good time to bring this matter for- ward, that rl'cently Senator Consldin•? and President Bush both spoke against PACs. I Council Member Clayton stated he had not solicited funds from either the South Metro Chamber or the Greater Englewood Chamber. He was not certain if he had received a smal ~ contribut io n from the Board of Realtors. He did state, I however, that he i ~tents to continue supporting financially the programs of the South Metro Chamber and that he would support si milar programs of the En - glewood Chamber if they are offered. He felt that there are several groups who are not located in the city limits which are still important to the Ci ty . He stressed the importance of the South Metro Board of Realtors to the fu t ur e of the City of Englewood, and he reminded Council not to forget that it s t ill has to work with t he se organizations . He stated he has no quarrel with the philosophy of getting rid of PAC money ; therefore , he is willing to g i ve this ord i nance a try . However , he expressed that it sh ould be okay to accept money I I Englewood City Counctl Minutes February 4, 1991 -Page 9 from a relative or friend toward a campaign even though that relative or friend did not reside In Englewood. COUNCIL NEMER f.lAYTON NOVED, All> lT WAS SECOfl>ED TO AIIENO SUBPARAGRAPH &. TO READ AS FOLLOWS: G. NOTHING IN THIS CODE PROVISION SHALL PREVENT MY OR&ANIZATION, AS - SOCIATION, CITIZEM, IUSINESS OR GROUP FRON DIXlllSIN& OR SUPPORTING MY CAIIJIDATE AS LON& AS NO MONEY IN EXCESS OF ,50 FRIii MY CON· TRIIUTOR OR OTHER CONTRIBUTION IS GIVEN DIRECT( TO THE CANDIDATE ~AIIIN OUMIZATION EXCEPT IY lll>IVIIIUAL RESIDENTS MD BUSINESSES LOCATED IIITMIN TME CITY UNITS OF DIGLEWOOO. [UNDER· SCORING DENOTES ADDITIONAL WOROING] Ayes: Nays : Council Metlbers Koltay, Clayton , Van Dyke Council Members Hathaway, Wiggins, Bullock, Habenicht Hotton hlled. City Manager Fraser suggested a change in the wording of Subparagraph E for 1110re efficient enforce111ent . COIIICIL MENIER IUl.LOCl NOVED, All> IT WAS SECOIIIED, TO MEND SUIPAIAIIWH E. BY D£LETINII TME NOIIDS "PAC (POLITICAL ACTIOII CONNITTEE)" All> INSERTINII TME WORD "-.MIFUL", SUIPMMIAPH E. TO READ AS FOLLOIISI E. VIOLATI• OF THIS ORDllWICE SHALL c•snME A PENALTY ASSESSIIENT EQUAL TO THE MOllff OF TME lltUllfUl COlfflllUTlON UP TO JURISOJC· TIOIIAL LINITS OF TltE MUNICIPAL COUIT'S LAIIFUL ABILITY TO IMPOSE. Ayes : Council Members Kalt-,, Hathaway, Wiggins, Bullock, Clayton Nays : Cou.nc11 Mellben Habenicht, Yan Dyke Motion to aae carried. Mayor Yan Dyke offered an opportunity for final coaents bi!fore voting on Council Bill No. 10 .1 IS aniended . Council Me~ber Habenicht stated Mr. Bullock's Int ent to have the courts de cide on matters concerning alleged violations sounds like litigation which sounds like a cost to the taxpayer. She strongly reconmended voting against the bi 11 . Mayor Van Dyke stated she did not believe this bill I s the best way to address the matter. She believes the bill Is poorly written, that It does not addres s the issue of ethics, that it targets specific organizations . She suggested th at If Council chooses to address the ethics Issue of PAC contributions, the best way to do so would be to pass a resolution stating that position. She requested that staff prov ide a cost analysis of the record keeping and en- forcement for implementation of this particular ordina nc e. She closed her convnents by stating she did not support the ordin ance. Englewood City Council Ninutes February•• 1991 -Page 10 Cou ncil Member Bullock countered Ms. Habenicht's conrnents stating he did not understand why she was against the ordinance 1s it takes the power away from "big mon ied people, the PAC organizations, and puts it back in the hand s of the people.• He plans to pursue an ethics package to present to Council as he I deems there is a need for one. He concurred that it is a noble ob j ect i ve to elimin ate all PACs and he would su pport that If a constitutional means became available . He urgea support and approval of the proposed or dinance stating Englewood has an opportunity to make national history by eliminating the out - side interest of PACs. He called for the que sti on . Vote results on approval of Council Bill N~. 10.l as •mended : Ayes: Council Members Koltay, Hathaway , Vlggins , Bullock , Clayton Nays: Council Members Habenicht, Van Dyke Motion carried; Council B l No . 10.l as amended approved. • • * * • At this point, Council returned to the agenda -Connunl c ations and Proclamations. 8 . C-,iications and Proclaations (a) COUNCIL NENIER CLAYTON IIOV[D, MD IT US SECOIIDED, TO PROCUJN FEBRUARY 3, 1991 THROUGH FEIIUARY I, 1991, AS "l(ATIONAL IIUlN AIIAR£NESS VEEX.• Ayes: Council Members Kolhy, Hathaway, Wiggins, Bullock , Clayton, Habenicht, Van Dyke Nays: None Motion curled. (b) COtllCJL IIDIIER HATHAWAY NOVED, AND IT 11AS SECONDEI>, TO PROCLAIN THE IIOlfTH OF FEIIUARY, 1111, AS •MERJCM HJSTOIY NONTM. • Ayes: Council Me11bers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried . 9. Consent Agenda COUNCIL MEIIIER CLAYTON IIOVm, AND IT VAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 9 (a): ORDlNAIICE NO. 3, SERIES Of 1991 (COUNCIL BILL NO. 9, IICTROOUCED BY COUN• CIL MEMBER HATHAWAY), ENTITLED: AN ORDINANCE GRANTING PUBLIC SERVICE CON l~ANY OF COLORADO A UTILITY EASEMENT FOR A GAS LINE ON THE PROPERTY LOCATED AT THE Bl-CITY WASTEWATER TREATMENT. Ayes: Cou ncil Member s Koltay, HHhaway, Wiggins , Bullock, Clayton, Habenicht , Van Dyke Nay s: None Motion carr i ed. I I I Englewood City Council Nlnutes February 4, 1111 -Page 11 10 . Public Hearing COUNCIL NE,.ER HATHAWAY MOVED, AND IT WAS SECOll>ED, TO OPEN THE PUBLIC HEARING TO CONSIDER PROPOSED REZONING$ EVIDENCED IY COUNCIL llll NOS. l TIIROUGH 7 WHICH VERE INTROOUCED AND APPROVED ON FIRST ROOINI ON JANUARY 7, 1991 . Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock , Clayton, Habenicht, Van Dyke Nays : None Hotton carried. Entered into the record was ev i dence that the Notice of Publ 1 c Hearing was published in the City's legal newspaper, Enqlewood Sent i nel, on January 17. 1991. Certifications of Posting of the affected property were also entered into the record . All evidence was presented under oath . Director Wanush presented background Information concern Ing the rezon i ngs, Identifying each parcel and expl inlng the current zoning and the proposed changes. He connented that each parcel 1111t the criteria for rezoning as set forth In the Zoning Ordinance. lhe Planning Coalssion held a public hearing on the rezoning of these seven parcels of land. He eaphaslzed that no cre - ation of non-conforwtng uses would result fr011 these rezoning actions . Dis- cussion en sued concerning the zoning OIi parcel 5 (Council Bill No. 5) as an aut01110the rehted use. Mr. Wanush responded, lnforw1ng Council that the Plannt1111 c-tsston and ZOlllng staff consider autoaottve related use Inap- propriate fo ~ this parcel of land. There were no persons present who ■hhed to lddress Council concerning the rezDn1ng of the seven parcels of land . COUNCIL MENIER KOLTAY IIOYED, AND IT IIAS SECONDED, TO CLOSE THE PUBLIC HEARING. Ayes: Council Neabers Koltay, Hath1way, Wiggins, Bullock, Clayton, Habenicht, Van Dylr.e Nays: None Motton carried. (1) COUNCIL BILL NO. 1, INTRODUCED BY COUNCIL NENBER KOLTAY, WAS READ BY TITLE: A BILL FOR AN ORDINANCE APPROV I NG 1,1E RE!ONING OF PROPERTY BOUNDED BY THE CEN - TERLINE OF WEST DARTMOUTH :WENUE ON THE NORTH, THE CENTERLINE OF WEST EASTMAN AVENUE EXTENDED ON THE SOUTH, THE ATlSF RAILROAD RIGHT-OF -WAY ON THE WEST, ANO THE EASTERN PORTION OF CUSHING PARK ON THE EA ST FROH 1-1, LIGHT INDUSTRIAL TO R-2, MEDIUM DENSITY RESIDENCE . COUNCIL IIEJIBER KOLTA" MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA !TEN 10(1}. Ayes : Council Mefflbers Koltay, Hathaway, Wiggins. Bul loc k , Clayton, Habeni cht , Va n Dyke Nay s : None Hot ion carried . Ordinance No . 4 , Series of 1991, i s hereby ass igned . Englewood City Council Minutes Ftbruary 4, 1991 • Page 12 (b) COUNCIL BILL NO . 2, INTRODUCED BY COUNCIL MEMBER HATHAWAY , WAS READ BY TITLE: A BILL FOR AN ORDINANCE APPROVING THE REZONING OF PROPERTY BOUNDED BY THE CEN-I TERLINE OF WEST EASlMAN AVENUE EXTENDED ON THE NORTH, THE CENTCRLINL OF WEST FLOYD AVENUE ON THE SOUTH , THE AT&SF RAILROAD RIGHT -OF-WAY ON THE WEST, AND THE CENTERLINE OF THE HURON/INCA ALLEY FROM 1-1, LIGH T INDUSTRIAL TO 8-1, BUSINESS. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEN lO(b). Ayes: Council Members Koltay, Hathaway , Wigg ins, Bullock, Clayton , Habenicht. Van Dyke Nays: None Mot i on carried. Or dinance No. 5, Series of 1991, is herE l·y as si gned . (c) COUNCIL BILL NO. 3, INTRODUCED BY COUNCIL NE~B(R WIGGINS, WAS READ BY TITLE : A Bill FDA AN ORDINANCE APPROVING THE REZONING OF PROPERTY lOCATE.D ON THE SOUTHCAST CORNER OF THE INTERSECTION OF SOOTH El.All STREET AND IIEST FLOVD AVENUE FROM B-2, BUSINESS TO 8-1, BUSINESS. COUNCIL IIENIU WIIIINS IIOYED, MD IT IIAS SECGIDED, TO APPUV£ AGENDA ITEM lO(c), Ayes: Council Metllbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Yan Dyke Nays : None Motion carried. Ordinance No. 6, Serles of 1991, is hereby assigned . (d) COUNCIL Bill NO. 4, INTRODUCED BY COUNCIL MEMBER HATHAWAY, WAS READ BY TJTLE: A Bl ~L FOR AN ORDINANCE APPROVING THE REZONING OF PROPERTY BOUNDED BY THE CEN- TERLINE OF U.S . 285 (WEST HAMPDEN AVENUE) ON THE SOUTH, THE Al&SF RAILROAO RIGHT-OF -WAY ON THE WEST, THE EAST PROPERTY LINE OF THE PROPERTY IDENTIFIED AS 999 WEST HAMPDEN AVENUE ON THE EAST, ANO APPROXIMATELY 500 FEET OF THE SOUTH- WEST CORNER OF THE CINDERELLA CITY PARKING LOT ON THE NORTH , FROM 1-1, LIGHT INDUSTRIAL TO B-I, BUSINESS. CCMICIL NENBER HATHAWAY MOVED, AND IT VAS SECONOED, TO APPROVE AGENDA ITEN lO(d). Council Memher Hathaway stat~d she bel ieved Council Bil l No. 4 was originally i ntroduced by Council Member Habenicht ; Co uncil Melltber •H abenicht concurred stating she felt the minutes had Incorrectly i dentified the sponsor as Council Member Hathaway. Therefore, Council He111ber Hathaway withdrew her mot ion and deferred to Hs . Habe nicht. COUNCIL MENIER HABENICHT MOVED, AND IT WAS SECONDED, TO AMEND THE JANUARY 7, 1991, CITY COUNCIL MINUTES TO CORRECTLY INDICATE COUNCIL BILL NO. 4 WAS INTRO - DUCED BY COUNCIL MEMBER HABENICHT. I I I [n9llllfOOCI City Council Minutes February 4, 1991 -Pap 13 Ayes: Nays : Motion carried. Council Members Koltay, Hathaway, Wigg i ns , Bullock, Cl ayton, Habenicht , Van Dyke None [CITY CLERK 'S NOTE : AT THE TIME THE HOTION WAS HADE THERE WAS NO EVIDENCE BEFORE THE COUNCIL OR THE CLERK TO SHOW WHO MADE THE NOTION. IT HAS BEEN VERIFIED THAT THE MINUTES OF JANUARY 7, 1991, CORRECTLY REFLECT THAT COUNCIL MEMBER HABENICHT INTROOUCED COUNCIL BILL NO . 4. CONSEQUENT- LY, NO CORRECTION TO THOSE MINUTES IS NECESSARY . COUNCIL BILL NO. 4 WAS PUBLISHED ON JANUARY 10, 1991, UNDER THE CORREC T SPONSORSHIP.) COUNCIL MEJIIER HABENICHT MOVED, AND IT VAS SECONDED, TO APPROVE AIEIIIA ITEM lO(d). Ayes: Council Members Koltay, HathilWilY, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays : None Motion carried. Ordinance No. 7, Serles of 1991, ts hereby assigned . (e) COUNCIL Bill NO. 5, INTROOUCED BY COUNCIL MEMBER CLAYTON, WAS READ BY TITLE: A Bill fl'lll. AN ORDINANCE APPROVING THE REZONING OF PROPERTY ADJACENT TO U.S. HIGHWAY l85, ALONG THE SOUTHWEST ENTIIANC( TO CIND£RELLA CITY ANO THE PROPERTY IDENTIFIED AS 711 VEST HAMPDEN AVENUE FD 8-2, BUSINESS TO 8 -1, BUSINESS. COIIICIL IIEJaEI CLAYTON N0\:£11, MD IT IIAS SECONDO, TO APPIOVE MENDA ITER IO(t). Ayes: Cou ■ctl Mabtlrs Koltly, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke N11s: None Motton carried. Ordinance No. 8, Series of 1991, 1s hereby assigned . (f) COUNCIL BILL NO. 6, JNTROOUCEO BY COUNCIL MEMBER BULLOCK, WAS READ BY TlTLE: A Bill FOR AN ORDINANCE APPROVING THE REZONING OF PROPERTY BOUNDED BY WEST GIRARD AVENUE ON THE NORTH , THE CENTERLINE Of U.S . HIGHWAY 285 (HAl1POEN AVENUE) ON THE SOOTH, THE CENTERLINE OF SOUTH ELATI STREET ON THE WEST, AND THE ALLEY ON THl EAST SIDE Of CITY HALL FROM I-1, LIGHT INDUSTRIAL TO 8-1, BUSINESS. COlJICJL NEMIER BULLOCK IIOVED, AND IT IIAS SECOlllm, TO APPR.OVE AGENDA ITEN 10( f). Ayes: <:ouncil Members Kollly , Hathaway, Wiggins , Bullock, Clayton, Habenicht, Van Dyke Nays : None Hoti on carried . Ordinance No . 9, Serie s of 1991, is hereby ass i gned . (g ) COUN CIL Sill NO. 7, INTRODUC ED BY COUNCIL HEM BER KOLTA Y, WA S READ BY TITL E: Englewood City Council Minutes February 4, 1991 -Page 14 A BILL FOR AN ORDINANCE APPROVING THE REZON I NG OF PROPERT Y BOUNDED BY THE CE N- TERLIN E OF WEST HAMPDEN PLACE TO THE NOR TH, THE CEN TERLIN E OF U.S . HIGHWAY 285 (WEST HAMPDEN AVE~UE) ON THE SOUTH , THE CENTERLINE OF SOUTH DELAWARE STR EET EX TENDED ON THE WEST , AND THE CENTERLINE OF ENGLEWOOD PARKWAY ON THE EAST FROM 8 -2, BUSINESS TO B-1 , BUSINESS . COUNCIL NEIIIIER KOLTAY MOVED, ANO IT WAS SECONDED, TO APPROVE AGENDA ITEM lO(g). Ayes : Counc i l Me mbers Koltay , Hathaway , Wig gi ns, Bullock, Clayton , Haben i cht, Van Dyke Nays: None Motion carri ed . Ordinance No. 10, Ser i es of 1991 , is her eby as si gn ed . 11 . Ordinances, Resolutions and Notions {a) Act i ng Director Fonda presented a recoaendatton from the Publ le Works Department to adopt a bil 1 for an ordinance approv i ng a contract with the Colorado DepartMnt of Hi ghways for a project that will i mprove the sig • na11ut1on along South Bro1dway between Belleview and Littleton Boulevard. The l11prov-nts have been recoaended by Denver Regional Council of Govern - ments. The Stile will provide all funds (approxl•ltely $70,000) except for Indirect costs Incurred by Englewood, not to exceed S850 . A similar contract w111 be entered into by the State with the C!ty of LI ttleton . The City of Englewood will coordinate and Interconnect the traffic s i gnal equtpaent with the City of Littleton's Traffic Control Syst• at the City's .upense and at no additional cost to the State . The C~ty Clerk was asked to read Council 8111 No. 12, entitled: COUNCIL Bill NO. 12, INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE APPROVING A CONTRACT BETWEEN THE COLORADO DEPAR TMENT OF HIGHWAYS AND THE CITY OF ENGLEWOOO FOR FUNDING TO IMPROY£ TRAFFIC SIG - NALIZATION ALONG SOUTH BROADWAY. COUNCIL NEl'IIER HATIIAWAY MOVED, NI> IT W SECOlllED, TO APPROVE ON FIRST READ - ING COUNCIL IILL NO. 12, SERJ r s Of 19~1. Ayes: Council Me~ber s Koltay , Hathaway, Wiggins, Bulloc k, Clayton , Habeni cht , Vin Dyke Nay s : None Motion carr i ed . I (b) Dire ctor Bl ack pre sented a r ecommend ati on fro m t he Recreat i on De - partment to ado pt a r esolution transfe rring 546,000 from Golf Cour se Reta i ned I Ear nin gs t o t h~ 1991 Golf Co ur se Budget for t he "1 0 ,000 Tr ee s Proj ect." Hr . Black expl a i ned tha t staff wi l l be construc ting the project from Ox ford Av en ue no rth to the Be ar ~r ee k pedest ri an br l dge , wh ic h wi l l lower the cos t and r e- duce long -term maintenan ce . He assure d Coun c il , thi s transfer did no t affect t he current lan dsc aping fund s f or t he golf co urs e . He recomme nded pa ss age . The reso l ut i on wa s assi gned a number an d re ad by title: RESDLUTIO~ NO . 11, SER IES OF 199 1 I I Entlewood Ctty Counctl Minutes February 4, 1991 -Page 15 A RESOLUTION AMENDIN G THE GOLF COURSE 1991 BUDGET . COUNCJL MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 11, SERIES OF 1991. Mayor Van Dyke mentioned that a match i ng grant from the Co r ps of Eng i neer s may be available for partial reimbursement of some of the costs i f the Ci ty con - structs t he project . In response to a quest i on by Counc i l "8mber Habenicht concern in g the contribu - t i on value of the 10,000 Tree Project to the City, Mr . Black advised the t otal cost of the project fr011 Union Avenue north is approximately $200,000 . Vote results : Ayes: Council Members Kolhy , Hathaway , Wigg i ns, Bullock , Clayton , Haben i cht, Van Dyke Nays: None Motion carried . Council Member Hathaway advised that Tom Hunds , Editor , En-tewood Sentinel, hu volunteered to usist in the "1 0 ,000 Tree Project:" tty eniployee volunteers were di c ussed. (c) This ite~ was 110ved forward . See Page Nos. 7, B, 9 , and 10. (d) This itea was 111>ved forward. See Page Nos . 4, 5, and 6. 12. leneral Discusston (a) Mayor 's Choice (I) Mayor Van Dyke brought one It• to the 1ttent ion of Counc 11 and staff concerning the budget cut affecting street sweering. She coaented on the 1110unt of dirt, sand, and gravel which has acciau ated on the streets as I result of the few snow storas thus far Into the winter season, especially in the business areas. As she has received nu•rous calls cmipl1tntng about the accu111uhtion, she inquired if there was I poss1b111ty of addressing this proble111 in spite of the budget cuts. Mr . Fraser responded stating the budget reduction for street sweeping contem - plated no reduction of services during the winter months. However, he pointed out the difficul t ies encountered in attempting to sweep the s tree ts pr i or to a thaw . He assu~ed Council that as soon as pos s ible , probably within the next day or two , the street sweepers would be back In force . The budget reduction and Its impact was di sc ussed further . Cou ncil Hember Hathaway conwnented that in her experience Engle11.>od ' s streets are second to none i n the Denve r metr o area , and that condi t i on I s a result of th e s and i ng . (b) Counci l Me mber 's Ch o ic e Englewood City Council Minutes February 4, 1991 -Page 16 (i) Council Member Habenicht proposed a resolution concerning the libPr3tion of Kuwait from Iraq. lhe resolution was assigned a number and read by title: RESOLUTI ON NO. 12, SERIES OF 1991 A RESOLUTION SUPPORTING THE PRESIOENl OF THE UNITED STATES, THE CONGRESS ANO THE UNTIED STATES ARMED FORCES IN THEIR EFFORTS TO LIBERATE KUWAIT FROM IRAQ. COUNCIL NEMER HABENICHT IIOVED, All) IT WAS SECONDED, TO APPROVE RESOLUTION NO. 12, SERIES OF 1991. Ayes: Nays: Hotton carried. Council Members Koltay, Hathaway, Wiggin s, Bullock, Clayton, Habenicht, Van Dyke None (Ii) Counc i l Member Clayton : l) Proposed that the City use less sand, reducing the necessity to sweep as often . He did compliment staff on ■aintenance of Broadway through Eng l ewood. 2) Announced his appointr.ient to National League of Cities Policy Co11111lttee for Ene "gy, Environment and Natural Resources . 3) Announced Boy Scout Troop No. 92 plans to volunteer its services to the "10,000 Tree Project.• 4) C1a1ented about the Revenue Policy proposed by himself and Council Member Koltay and requested It be scheclulld for discussion In the near future. ( it I) Council Netlber Habenicht connented there are good th I ngs and bad things about the sanding. It 1s cerliinly needed when it's icy, but it 1s a haza rd when the Ice clears up. Leaving the sand on the streets ts a ~~fP.ty concerr , not just 1n 1esthetf~ on~. (Iv) Council Member Wiggins in qu ired about the status of the ,rety/parktng Issues for Flood Middle School , particularly as it rela tes to access from U.S. 285. Hr . Fraser will provide that information shor tly. (v) Council '1elllber Hathaway stated there Is a "GLAD " BAG-A-THON meeting Tuesday, February 5, about which she has advised the Keep America Beautiful Coordinator . She reminded Council and staff about the kick-off of the "GLAD" BAG-A-THON, April 6 at Mile High Stadium. She requested volunteers for Englewood's lip -sync performance. (vi) Council Me mber Koltay: I ) Referring lo th e discu ssion dur i ng study session with the Englewood lio us- ing Authority, Hr. Ko l tay suggested a one-time exception be made to the Housing Rehab il itation Loa n Agreement to allow the Housing Author i t y t o rev i ew an appli cati on fr om Ki nnick i nni c Realty for r ehabi l Hat i on of an I I I I £ng1M«ICICI Ctty Counc11 N1nutes February 4, 1991 -Page 17 apartment building. As t!11, agreeinent is ••rltten, eligible prope rties over four dwell in g units are excluded . COUNCIL NEMBER KOLTAV NOVED, ANO IT WAS SECONDED, TO APPROVE A ONE-TINE WAIVER TO SECTION 8, SUBSECTION 2 OF THE ENGLEWOOD HOUSING REHABILITATION LOAN AGREE- NOO IN OROER FOR THE ENGLEWOOO HOUSING AUTHORITY TO ACCEPT AND REVIEW AN AP · PLICATION FRCIN IC INHlCK'llf.UC ll£ALN. Coun cil Member Cla yton co11111ented he has no objection to the Housing Au - thority accepting and re·, awin g the application ; however, he stressed the need for these funds to \J~ u ;('Id fl rst by those citizens who wished to rehabilitate their resi g1,,.·.;..; ~ ating he wou l d have ser ious reservations about appro ;"lg an arnrige :•l!•t providing funds for r ehab of the building in question. Council Hemt. .• , Koltay assured Council no other action would be taken without furth-Jr · discussion on the matter _ This action would only allow the Housing Authority to accept and review the application. Vote resu lts: Ayl?S: Nlys : P4ot ion carried. Cou nc il l'ie:nbe rs Koltay, Hathaway , Wiggins, Bull ock, Clayton, Habenicht, Van Dyke None 2) With reference to the recent clai• of Nancy K. S•lth concerning a sewage problem, COUNCIL NEMER KOLTAV MOVED, NI> IT VAS SF.CONDm, TO ACCEPT THE RELEASE OF All CLAIN$ DATED JNIJARY 31, 1111. A)les: Counc11 Members Koltay, Hathaway , Wigg i ns, Bullock, Clayton, Habenicht, Van Dyke Nays: None Notion carried . Council Metllber Koltay c01111ended Dire ctor Fonda, Ci ty Attorney DeWitt and Ms . Smith on the resolution of this matter . 3) Transmitted copies of a prop osed ordinance regarding employee residency requirements; requested this matter be discussed at the upcoming study session. 4) Advised Council that he will be bringing forth a request for $75,000 ad- ditional fur.ds for the Hous i ng Rehabilitation Prograr!'. expla i nin g how these funds wo uld be utilized. (v ii) Council Hember Bullock requested that al l Ci ty Building In - spectors be present at the Business Town Meeting on February 6 , 1991 . 13 . City Manager's Report (a) Hr . Fraser conrnenled further on the s and /grav el i ssue, noting that the effort this year ha s been considerably more aggre ssi va than in t he past . The adequacy of the City 's safety efforts was discussed, especia l l y in thos e areas where there are problem in tersec tion s. Mod i f ic at i on s to th e progr am are being s ugge s ted by staff, keep i ng i n mind s a fe ty as well as co s t s. Eng~ewood City CO'.mc:11 Minutes February 4, 1991 -P•t• 18 (b) 11r . Fra s er provided additional inform.iitton on employee volunteers for the "10,000 Tree Project.• 14. City Attorney's Report (a) Mr. Grinn expressed appreciation for Council's action on the re lease of the Sm i th claim. IS . Adjourmaent COUNCIL NENIEI kOLTAY IIOVm 10 ADJOURN. The meeting adjourned at 9:52 p.m. I I