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Home My WebLink About1991-03-04 (Regular) Meeting MinutesI I I. Call to Order EN&lEWOOO CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COl~RADO Re ul ar Session Narch 4, 19!11 The regular meeting of the Englewood City Council was called to ord e r by Mayo r Van Dyke at 7:37 p.m . 2. lnvocatton The i nvocation wa s given by Counci l Member Bullo c k. 3. Pledge of Allegiance The Pledge of Allegiance was led by H1yor Van Dyke. 4. Roll Call Present: Absent: A quorum was present. Council Members Hithaway, Kolby, Wtg g i ns, Bullock, Clayton, Habenicht, Van Dyke None Al so presen t: Ci ty Manager Fraser City Attorney DeWitt City Clerk Crow Director Wanush, Co11111unity Develop men t 5 . Minutes (a) COUNCIL MEJIBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEErJNG OF FEBRUARY 19, 1991 . Ayes : Council Henbers Koltay, Hathaway, Wigg i ns , Bu ll ock , Clayton, Habenicht Nays : None Cou nci l Member Van Dyke Abstain : Mot i on ca r r i ed . 6 . Pre-scheduled Visitors There were no Pre -schedul ed Visitors. 7 . Non-schedu '.ed Visitors Englewood City Council N1n~(IS March 4, 1111 -P191 2 (a) Leland Condreay, 4867 South Fox Stree t, addre ssed Council concern - ing the City's nepot ism policy . He urged that It be revised to be le ss restrictive by removing "uncle, aunt, first cousin, ne phew, nie ce" from th e definition of "i l!ll1ediate fa111ily." He presented seve ral reasons for thi s I r equest. Counci l Member Bullock suggested the issue be rev iewed by Council. CI ty Manager Fraser offered comments in support of the ne pot ism pol i cy nd agreed the matter should be reviewed further before a dec i sion to change th e policy l s contemplated . Hayer Van Dyke advised Mr . Condreay he would be ad - vised of any decis i ons. (b) Ken Haraldsen, 3018 So uth Washington !,tree t, expressed concerns over financial impl I cat.ions of Denver's proposed b,,seball stadium and I ts af - fects upon all metro citizens. He quoted from an article which appeared in the March 4th Denver Post, and urged Council to do anyth i ny poss i ble to det er this project . Since the project was approved by the me tro voters , Co~ncil did not believe much could be done in this matter. 8 . Comnun1cations and Proclaaatlons (a) A resolution ilppointing Oeryl Vaughn Gease to the Englewood Urban Renewal Authority was assigned I nuNber and read by title: RESOLUTION NO. 25, SERIES OF 1991 A RESOLUTIOM APPOINTING DERYL VAUGHN GEASE TO FILL A POSITION ON THE ENGLEWOOD URBAN RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD. COUNCIL NENIER BULLOCK 11ovm. AND IT IIAS SECONDED, TO APPROVE RESOLUTION NO. 25, SERIES OF 1991, Ayes: .:ounc:il Metlbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carr i ed . Hr. Cease was presented a Certificate of Appointment and an Englewood logo lapel pin. His appointment will expire February 5, 1992 . 9. Consent Agenda COUNCIL NENBER HATHAWAY "°VED, Alll IT IIAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS g (e) THROUGH (b) AS FOLLOWS: (a) ORDINANCE N.O. 14, SERIES OF 1991 (COUNCIL BI LL NO. 11 , INTR OD UCED BY COUNCIL MEMBER HA THAW~Y) ENTITLED: AN ORDINANCE GRANTING PUB LIC SERVICE COMPANY OF COLORADO A UTILITY EASEMEN T ON f.l TY PROPERTY LOCATED AT THE Bl -CITY WASTEWATER TREATMENT PLANT . (b) ORDINANCE NO. 15 , SERIES OF 1991 (COUNCIL BI LL NO. 13 , I NTRO DUC ED BY COUN CIL ~;EMBER HATHAWAY) ENTI TL ED : AN ORDINANCE APPROVING TYE CON TRACT BET WEEN THE CITY OF ENGLEWOOD ~NO THE DE- PARTMEN T OF HI GH WAYS, Di VISION OF HIGHWA Y SAFETY, STA TE OF CO LORAD O, FOR A COMMUN !TY OUTREACH PROG RI-H. I I I E.nglewood City Council Minutes March 4, 1991 -Page 3 Ayes: Nays: Motion carried. 10. Public Hearing Council Members Koltay, Hathaway, Wiggins, Bullock , Clayton, Habenicht , Van Dyke None No public hearing was scheduled. 11. Ordinances, Resolutions and Notion" (a) Director Wanush presented a reconrnendation from the Department of Con11 1unity Development to adopt a bil 1 for an ordinance approving an agreement between the Colorado Humane Society and the City of Englewood whereby the Humane Society would assume operation of the Englewood Animal Shelter. Finan- cill i111pl !cations were eicplained; discussion ensued concerning the increased service levels at the shelter and in code enforcement. The City Clerk was asked to read Council 8111 No . 8, entitled: COUNCIL Bill NO. 8, INTRODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR All ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO HUWtE SOCIETY AND THE CITY OF ENGLEWOOO CONCERNING THE ENGLEWOOD ANIMAL SHELTER BEING OPERATED BY THE COLORADO HUMANE SOCIETY. COUNCIL NENIH HAIDIICHT MOVED, AND IT WAS SECON)ED, TO APPaOVE MENDA ITEM ll(a) -COUNCIL IILL NO, 8, Hr . Wanush responded to several questions posed by Council Ml"mber Clayton. Mr. DeWitt confirmed that the indemnification clause is adequate. COUNCIL IIENIEl CLAYTON MOVED TO ANEND COUNCIL llLL NO. 8 IY DELETING THE FOL- LOWIN8 PMA&IWtl ON PA&E 5 lll>ER SECTION l. lltlCH liEADS AS FOLLOWS: 0. PROHIBITED TRANSACTION: THE CONTRACT SHALL NOT GIVE OR SELL ANY ANlliAL FOR RESEARCH PURPOSES. Hr. Clayton stated that it does not make sense to euthanize the animals when the State spends thousands of dollars to purchase research animals. After further discuss 1 on. Mayor Van Dyke suggested more research should be done , coordinating t·' matter with the other entities involved. Mr . Clayton offered that it is time for someone to take a stand on this issue . Vote results on the Ayes: Nays: amendment: Council Members Council Member s Van Dyke Motion to amended de feated. Koltay and Clayton Hathaway, Wiggins, Bullock , Habenicht, Before voting on the original moti on , Council Member Habenicht stated she wil l support passage even though she has certain reservations about the matter . Englewood City Council Minutes March 4, 1991 -Page 4 She reque s ted that the record reflect that a complete and comprehensive revi ew of the µrogram be provided to Council one year from the effec ti ve date of th e changes. Vote results on the original motion to approve Agenda Item 11 (a) -Counci 1 Bill No . B: Ayes: Nays: Mot i on carried. Counc i l Members Koltay, Hathaway , Wiggins, Bul loc k, Clayton, Haben i cht , Van Dyke None (b) Director Wanush presented a recorrmendation from the Department of Commun tty Development to adopt a bi 11 for an ordinance approv i ng a contract between the State of Colorado and the City of Englewood implementing and an- alyzing a recyc ling program In conjunction with the grant received from t he Colorado Office of Energy Conservation. As there are certa in time con - straints, Hr . Wanush explained an emergency clause had been added to the Coun- cil Bill. The City Clerk was asked to read Council Bil l No. 15, entitled: COUNCIL BILL NO. 15, INTRODUCED BY COUNCIL HEHBER HABENICHT A BILL FOR AN ORDINANCE AUTHORIZING A CONTRACT BETWEEN THE STATE OF COLORADO ANO THE CITY OF ENGLEWOOD IMPLEMENTING ANO ANALYZING A RECYCLING PROGRAM AND DECLARING AN EMERGENCY. COUKCIL ltENIER HABENICHT IIOYm, AND IT VAS SECONDm, TO APPROVE AGEIIJA ITE" ll(b) -COIIICIL IILL NO. 15. Ayes: Council Members koltay, Hathaway, Wiggins, Bullock, Clayton, Haben icht, Van Dyke Nays: None Hot1on carried. (c) C1 ty Manager Fraser presented a recOIIIIN!ndat ion from the Publ le Works Deparlllll!nt to adopt a bill for an ordinance establishing a five percent discount for all special assessment payments made within 30 days of f i nal publicat ion of the assessing ordinance. The City Clerk was asked to read Council Bill No. 16, entitled: COUNCIL BILL NO. 16, IN TRODUCED BY COUNCIL HEHBER HATHAWAY A Bill FDR AN ORDINANCE ESTABLISHING A DISCOUNT OF FIVE PERCENT (5%) FOR ALL SPECIAL ASSESSMENT PAYMENTS HADE WITHIN THIRTY {30) DAYS AFTER FINAL PU BLICA· TION OF THE ASSESSING ORDINANCE BY ADDING A NEW SECTION 10 TO TITLE JI, CH AP · HR 2. COUNCIL MEMBER HATHAWAY "DYED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEt< ll(c) · COUNCIL BILL NO, 16, Council Membe r Clay ton announced he would be absta i ning as he owns pr operty within th e di strict . He strongly encouraged defeat of the bi 11, s tating t hat by giving discounts to some of the residents, the rest of the c itizen s wo uld be charged mo re . I I I I Englewood C1ty Council Minutes March•• 1991 -Page 5 Council Hember Hathaway po i nted out that Council Bill No. 16 establishes a general policy about all future special assessment distr i cts, no t Paving Di s - t rict No. 34 in partlcuhr . After further discussion, Council Member Claytor, concurred his abstention would not be necessary . Vote r esults: Ayes : Nays : Motion carri ed . Council Me~bers Koltay, Ha t haway , Wigg ins , Bullock , Habenicht, Van Dy ke Coun c il Member Clayton 12. &eneral Discussion (a) Mayor 's Choice ( i) Mayor Van Dyke presented a letter which i s be i ng ma 11 J .:.I to Representative Bl ickensderfer express i ng Englewood's support for an amended House Bill No. 1265 (the MTDC bi ll). (i i) The need for a Special Council Meeting for the second reading of Council B111 No . 15 was proposed. COUNCIL IIEIIIU INDUCHT NOVtD, AND IT VAS SECOIIDm, TO S£T A SPECIAL IIEETIN8 FOi IIMCM 5, 1111 AT 7130 A.N. FOi lllE NIPOSE OF PASSIM AN ENEUDICY OR- DINANCE ON SECOND READIN& AND FOi IIAIVEI OF NOTICE OF SAID IIElTIN&. Ci ty Attorney DeW i tt responded to questions concerning the approval procedure for emergency ordinances. He also explained that the @mergency clause had been added to Council Bill No. 15, as it Is imperative the recycling program gets unden11,Y by Jun@ I, 1991, and that no City funds should be disper5ed prior to approval of the agreetnent with th@ State . Therefore, I t is necessary to process the or dinance and the contract as quickly as possible i n ord@r for the grant funds to be ava i lable. Vote results: Ayes : Nay s: Motion carri ed . Council Melllbers Koltay, Hathaway , Wiggins , Bullock , Clayton , Habenicht, Van Dyke None (b) Council Member 's Choice (i) Counc i l Me mber Bul l oc k: I. He urged Counc i l Membe rs to support in any way poss i ble t he troop s. 2 . He in formed Coun cil t~a t mem be rs of his f am il y wi l l be ce le bra ti ng t hei r 50 t h wedd i ng ann ive r sary a ~~ he i nQu i red i f some type of r @co gn l t ion wou ld be a ppro priate . Mayor Van Dyke s ugg ested he co uld reQuest a proclamat io n . (ii) Co unc i l Me mber Cl ayto n : [ngltwOOd City Council Minutes Narch 4, 1991 -Page 6 I. He urgP.d Council to stop by the library to view the new computer program "Colorado ON-LINE." He explained how the program works, its benefits and costs. He announced he wi1 1 be working with the Greater Englewood Chamber of Commerce to encourage participation in the data base. 2. He announced a meeting called by the City of Lakewood to discuss munic i pal liability for solid waste and sewage sludge -March 14, 1991 , 9:00 a .m. He will be attending and suggested that staff might also be interested . Mr. Fraser advised that staff will be present. 3. Regarding the letter to Representative Blickensderfer (Agenda Item 12(a)(i), he requested direction from Council concerning its position on the level of sales tax increase . After discussion, it was Council's decision that the letter to Representative Bl i ckensderfer expresses the stance Council wishes to take in this matter. (iii) Council Member Habenicht: 1. A letter from Jess Gerardi thanking Council for the citizens breakfast. 2. She stated she had received a letter fr011 Susan Jackson who recently spoke to Council on behalf of the Massage Therapist Law and Legislation Coalition. Mayor Van Dyke advised she had recently directed City Attorney DeWitt to con - sider addressing changes in the current ordinance to allow legitimate therapists to practice tn the City of Englewood. (iY) Council Mellber Wiggins: 1. Philhannonic concert tickets -he inquired how they were to be used. After .,uch discussi'ln it wu decided the April tickets would be dispersed through the Malley Center in conjunction with "John Rotolo Day.• It was sug- gested that the Hay tickets be offered to board and co11111lssion me11bers as a "thank you" gesture. 2. He asked for a status report on Arapahoe County Utility Advisory Board's offer to act as a central resource for all Arapahoe providers. Hr. Fraser confirmed it would be to Englewood's best interest to have representation at the meetings to monitor the situation. 3. Complaint from Lois Lighthall concern i ng i larms -he inquired if there is any means of dealing with this problem . Ci ty .e.~torney DeWitt offered to re- view the Code and advise Hr. Wiggins . 4. He stated the County Co1T111issioners have been notified by South Suburban Parks and Recreation District that the request for a mini-golf course and bat- ting cage at the location of Belleview and Windermere has been pulled. 1-;j Counc i l Member Koltay proposed a resolution provid i ng addi · tiona l funds for the City of Englewood Hous Ing Rehabilitation Program . The resol ution was assigned a number and read by title: RESOLU TION NO . 26, SERIES OF 1991 I I I I Englewo«MI C1ty Counc11 Minutes March•• 1991 -Page 7 A RESOLUTION AMENDING THE GENERAL FUND 1991 BUDGET . COUNCIL MEMBER KOLTAY MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 25, SERIES OF 1991. Council Member Koltay provided information concerning the on-going rehab pro- gram as It Is currently administered by the Housing Authority explaining there are six remaining completed appl icat1ons requesting funding for the i r proj - ects . These six have been on the l ist for over a year. Hr. Koltay proposed a transfer of $75 ,000 from the General Fund, stating it would be prefe r able to coniplete these rehabs before the City embarks on the new BUILD project . Discussion ensued concerning the repayment process and the source of current funds, the bulk of which has come from Co11111unlty Development Block Gran t monies. Council Hember Habenicht stated she 1s uncomfortable transferring money from the General Fund for this purpose, exphining there may be needs of a more general concern to the connunity for which the General Fund monies may be needed . For those reasons, she stated she could not support the Resolution. There was further discussion about the waiting list system and this being a means to discontinue the waiting list process. Vote results: Ayes: Nays: Motion carried . Council Mellbers Kolhy, Hathaway, Wigg ins, Bullock, Clayton, Yan Dyke Council Member Habenicht 13 . City Manager's Report (a) Ir. response to Council Member Wiggins recent inquiry about the 911 surcharge, Mr. Fraser advised the current ordinance is sufficient and there is no need to update it . (b) Hr. Fraser transmitted copies of a press release Issued by South Suburban Parks and Rec rut ion DI strict concerning the mi nhture golf course and batting cages. (c) He provided Council will clarifying information on the eligibility of property to be included in the 1991 Concrete Replacement Distri ct . (d) Hr . Fraser provided background information concerning the Corp s of [.1gineers grant appl !cation, which was approv ed by Council in 1989 , for im - provements to Oxford Park in conjunction w1 th Urban Edges and South Suburban Park Found a tion. Th e original agreement called for the City to apply fo r grant funds from the Corps of Engineers which , if approved, wou ld be matched by Urban Edges and SautL Suburban. The Corps of Engineers has adv ised the fu nds are available ; however, Urban Edges and South Suburban are not in a posit i on to match the funds. Hr . Fraser asked for d i rection i n this matter . The di rection given Hr . Fraser , aft er thorough d iscu ssion , is t o adv ise the Englewood City Counci l Minutes March 4, 1991 -Page 8 Corps of Engineers the City is not proceeding with the improvements as match - ing funds are not available. 14 . City Attorney 's Report (a) Hr . DeWitt spoke briefly about the fairgrounds property and the possibility of further Planned Developments at that l ocation. (b) He transmitted copies of a draft council bill amending the Code relative to code enforcement officers and park Ing enforcement personne 1 wi 11 be on the agenda for the next regular meeting . This code change is necessary based on the recent realignment of personnel from Pol i ce Div i sion to Ne ighbo r- hood Services. (c) He advised Cou ncil that his offi ce i s working on several spec i al improvement district waiver agreements in connection with the 1991 Concrete Replacement District . He will keep Council advised. (d) He transmitted an article concerning SUPERFUND for Council 's review . 15. Adjourraent COUNCIL MEMBER KOLTAY MOV£D TO ADJOURN. The meeting adjourned at 9 :18 p.m. ~oA({l_,.,/ I I