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HomeMy WebLinkAbout1991-03-18 (Regular) Meeting MinutesI I ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session "arch 18, 1991 ). Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Van Dyke at 7 :30 p.m . 2 . Invocation The Invocation was given by Council Member Wiggins. 3. Pledge of Alltg11nct The Pledge of Allegiance was led by Mayor Van Dyke . 4. Roll Call Present: Absent: A Quorum was present. Also present: 5. 11\nutes Council Mem bers Hathaway, Koltay, Wiggins, Clayton, Haben ic ht, Van Dyke Council Member Bullock City Manager Fraser City Attorney DeWitt Assistant City Manager Hartin City Clerk Crow Director Wanush, Co1111111nity Development Director Esterly, Public Works Director Long , Library Services Director Black, Recreation Services (a) COUNCIL HEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MARCH 4, 1991. Ayes: Council Members Koltay, Hathaway, Wiggins , Clayton , Habenicht , Van Dyke Nays: None Absent : Council Member Bullock Motion carried . (b) COUNCIL 11EMBER CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE THE 111NUTES OF THE SPECIAL MEETING OF MARCH S, 1991. Englewood City Council "inutes "arch 18, 1991 -Page 2 Ayes; Nays: Absent: Motion carried . Council Members Koltay, Hathaway, Wiggins, Clayton, Habenicht, Van Dyke None Council Member Bullock 6. Pre-scheduled Visitors {a) City Manager Fraser presented the Employee of the Month award t o Donna Gottberg, Library Services Secretary. Mr. Fraser complimented Ms. Gott - berg as being someone who truly exemplifies the type of employee the City wishes to recognize. 7. Non-scheduled Visitors (a) Don Styes , 4320 South Lipan Street, stressed caution in changing the Massage Parlor Code, stating he is proud of the fact that the City of En - glewood no longer has any massage parlors In its corporate limits. However, he stated he recognizes the need for legitimate massage therapists and sugges- ted that an exception could be added to the Massage Parlor Code to permit the licensing of legitimate massage therapists. After further discussion, City Attorney OeWi tt offered to review the ordir ~nee and present opt l ons. Hr. Styes questioned the proposed reductions in llt ensing fees of massage parlors, stating the fees may well be the reason we do not have any massage p·-lors In Englewood. (b) Ron Lunders, 3000 South Washington Street, concurred in Mr . Styes' stated concerns. He urged caution in 111&ndin9 the Massage Parlor Code . He suggested that massage therapists be required to be sponsored by a medical doctor, hospital, etc., in order ta perform their operation at another location . 8 . C011111Unications and Procluations (a) COUNCIL MEMBER HABENICHT MOVED, AND JT WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION OF JOHN VANSCIVER FRON THE ENGLEWOOD WATER ANO SEWER BOARD. Ayes: Nays : Absen t : Motion carried. Council Members Koltay, Hathaway, Wiggins, Clayton, Habenicht, Van Dyke None Council Member Bullock I (bl Council Hember Ha~enicht proposed the nomination of l1 sa Cobb, a I worthy young member of the community, to receive the Metro Mayors and Corrrnis- sioners Youth Award. Susan HcDonnel of the Victims Assistance Program intro - duced Lisa, advising Counc1i of Lisa's qualifications for t~e award . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION RECOGNIZING LISA COBB FOR HER UNFAILING COURAGE IN THE FACE OF ADVERSITY AND FOR HER EXCEPTIONAL COl1MITMENTS TO HER FAJIIILY, FRIENDS AND THE COMMUNITY, IN I I Englewood Ctty Counc11 Ntnutts Narch 18, 1991 -Page 3 SUPPOlT OF HER NONINATION FOR THE METROPOLITAN IIAYORS All) CONMISSIONERS YOunt AWARD. Ayes : Council Members Koltay , Hathaway , Wigg i ns, Clayton, Habenicht , Van Oyke Nays : None Absent : Council Member Bullock Motion carr1 ed . Mayor Van Dyke presented Li Sil with t he proc\amat 1 on, and Council Member Haben i cht presented her wi th a bouquet on beha lf of the City Council . 9 . Approval on Second Reading COUNCIL IIEJIIER HATHAWAY IIOYED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 9 (a) THROUGH (b) AS FOLLOWS: (a) ORDINANCE NO . 17, SERIES OF 1991 (COUNCIL BILL NO . 8, INTRODUCED BY COUNCIL MEMBER HABENICHT} ENTITLED: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO HUMANE SOCIETY AND THE CITY OF ENGLEVOOO CONCERNING THE ENGLEWOOD ANIMAL SHEL - TER BEING OPERATED BY THE COLORADO HUMANE SOCIETY. (b) ORDINANCE NO. 18, SERIES OF 1991 (COUNCIL BILL NO . 16, INTRODUCED BY COUNCIL NEIIBER HATHAWAY) ENTITLED: AN ORDINANCE ESTABLISHING A DISCOUNT OF 5" FOR All SPECIAL ASSESSMENT PAYMEN TS MADE WITHIN THIRTY (30) DAY AFTER FINAL PUBLICATION OF THE ASSESSING OR · DINANCE BY AOOJNG A NEW SECTION 10 TO TITLE JI , CHAPTER 2 . Ayes: Nays : Absent: Motion urried. 10 . Public Nearing Council Members Koltay , Hathaway, Wiggins , Cl ayton, Habenicht, Vaft Dyke No ne Council Member Bullock No publ i c hear i ng was scheduled . 11 . Ordinances, Resolutions and Mot i ons (a ) and (b) Di rec t or Wanush pres ented recommen dat i ons fro m the Pl anni ng and Zon i ng Commis s ion to adopt t wo bi lls for ordinance s annexing six pa rcel s of rea l property wh ic h are comp letel y surround ed by t he Ci ty . Hr . Wanush pro- vided in format i on co ncern i ng the annexat i ons , ex plaining that both anne xat i on s meet the criteria establ 1 shed by State Statutes for the an nexat i on of en - clave s,, wh ich wo uld al l ow Counc il to annex the are as by ordinance . Hr . Wanu s h explained th at st aff had met with the owner s of the pr ope r t i es i nvol ved . Zonin g wa s br i e f l y d i scussed . Zon ing wi l l be determi ned l at er , but for Coun - cil 's i nfo r ma t ion , Mr . Wa nush explained t hclt t he area covered by Agenda Item Englewood City Council Minutes Narch 18, 1991 -Page 4 ll(a) contains a lumber company and a rental operation, and it will be sugges- ted that the area be zoned 8-2. The rental operation would be a permitted use i n 8 -2; the l umber company would not be a permitted use. but would become a non-conforming use . It is proposed that an anneicat1on agreement be entered I into with the owner of the lumber company which acknowledges the 8-2 zoning, but wa ive s the non-conforming provisions to allow the lumber company to main- tain itself and Improve its quality as long ~s it remains a lumber company. As the annexation agreement would be a condition on the annexation, Hr . Wanush reco11111ended a public hear i ng be held concern i ng Agenda Item ll(a). He sugges - ted Hay 6, 1991 as the hearing date explaining that pub lic ation requirements precluded having the hearing sooner. With regard to the areas covered by Agenda Item ll(b), Hr. Wanush explained a public hearing i s not required by State Statute; however, if Council decides to hold a public hearing, he recorm,ended both hearings be conducted on Hay 6, 1991. Discussion ensued concern i ng the zoning process, as well as the differences between the City's codes and those of Arapahoe County and how these differen- ces ~1ght affect the property owners_ A question was raised by Council Kelllber Wiggins concerning a railway spur on one owner's property_ Mr. Wanush agreed to discuss the matter with the owner to alleviate any confus i on which exists - (a) The City Clerk was asked to read Council Bill No. 18, entitled: COUNCIL BILL NO_ 18. INTROOUCED BY COIMCIL MEMBER WIGGINS A BILL FOR AN ORDINANCE ANNEXING A 5 .14Z5+ ACRE PARCEL OF REAL PROPERTY TO THE CITY DF ENGLEWOOD, COLORADO . COUNCIL NEIIBER IIUIGINS NOVm, AND IT IIAS SECOfl>ED, TO APPROVE AGEIIJA ITEM 11(1) -COUNCIL Bill NO. 18, SERIES OF 1991. Ayes: Council Melllhers Koltay, Hathaway, Wiggins, Clayton , Habenicht, Van Dyke Nays: None Absent : Council Hember Bullock Motion carried . (b) The City Clerk was asked to read Council Bill No . 19, entitled: COUNCIL BILL NO. 19, INTRODUCED BY COU NCI L HEMBER WIGGINS A BILL FOR AN ORDINANCE ANNEXING FIVE PARCELS OF REAL PROPERTY TO THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER WIGGINS MOVED, AND JT WAS SECONDED, TO APPROVE AGENDA ITEM ll(b) · COUNCIL BILL NO . 19, SERIES OF 1991. Ayes: Council Membe rs Koltay, Hathaway, Wiggins. Clayton, Habenicht, Van Dyke Na ys: None Abse nt : Council Member Bullock Motion carried. I I I EnglllWOOCI Clt1 Council Nlnut•s March 18, 1991 -Pav-5 Council Member Hathaway stated she would be i n favor of hold in g public hear - ings on both annexations , In accordance with Council's policy statement to be open , hon ~st , and up front as much as poss i ble concerning Its decis i ons . COUNCIL MEMBER HATHAWAY NOYED, AND IT WAS SECOftOED , TO HOLD A PUBLIC HEARING OH NAY 6, 1991, 7130 P.M., IN REGARD TO THE PROPOSED ANNEXATIONS SET FORTH IN COUNCIL BILL NOS. 18 AND 19. Ayes : Counc i l Members Koltay, Hathaway , Wiggins , Clayton , Haben i cht , Van Dyke None Counc i l Member Bullock Nays : Abse nt : Hot ion carried . (c) Director Wanus h presented a reco11111endation fr011 the Department of Conrnunity Development to adopt a bi l l for an ord i nance amend i ng the Englewood Municipal Code relating to Neighborhood Service Officers . Hr . Wanush ex - plained this action is one of several which 1s necessary due to the organiza- tional changes ilnpleinented January I, 1991 . The change ensures that all code enforcement officers have the authority to enforce the necessary prov i sions of the Code. The City Clerk was asked to read Council 8111 No. 17, entitled : COUNCIL BILL NO. 17, INTROOUCEO BY COUNCIL MEMBER HATHAWAY ~ BILL FOR AN ORDINANCE AMENDING TITLE 6, CHAPTER 5, SECTION 1, AND TITLE 7, CHAPTER 6A, SECTION 5 ENGLEWOOO MUNICIPAL CODE 1985, RELATING TO ISSUING SUH - l«lNS ANO COMPLAINTS BY NEIGHBORHOOO SERVICE OFFICERS . Cross -tra i ning and organliat1onal trade certification were explained. COUNCIL IIDIIEA NATIWIAY NOVED, NI> IT WAS SECONDED, TO APPROVE AGENDA ITEM ll(c) -COUNCIL IILL NO, 17, SElllES Of 1991, Ayes: Council "9mbers Koltay, H1thaway , Wiggins, Clayton, Habenicht, Yan Dyke Nays : None Absent: Counc i l Member Bu l lock Motion carried. (d) Director Esterly presented a recommendation from the Department of Pu~llc Works to adopt a resolution amending t he 1991 Publi c Improve ment Fund . Hr . Esterly expla i ned the need for add i t i ona l funds In the amo un t of $234,500 fer four projects : Ci ty Ha ll Asb es t os Abate me nt Pav i ng Dis tr ic t 34 /C oncrete Prog r am 199 1 Libr ar y Carpet Repl ace ment Re cr eat ion Center Off i ces Tot~I S 90 ,000 85 ,000 25 ,000 S 34 ,500 S2 34 ,500 Englewood C1ty Counc11 Nlnutes Narch 18, 1991 -Page 6 City Manager Fraser po i nted out that the increased costs in Pav i ng Di strict 34/Concrete Program 1991 are the result of changes requested by City Council (the i nclusion of two streets which were removed from Paving Di strict No . 33). Addit io nally, he pointed out that the funds for the Recreation Center Offices were not PlF funds but were lottery funds from the Conservation Trust Fund Revenues. The resolution was assigned a number and read by title: RESOLUTION NO . 27, SERIES OF 1991 A RESOLUTION AMENDING THE 1991 PUBLIC IHPROVEHENT FUND AND THE CON~'t:VATION TRUST FUND. COUNCIL NENBER CLAYTON NOVED, AND IT WAS SECOIIJED, TO APPROVE AGENDA JTEH ll(d) -RESOLUTION NO. 27, SERIES OF 199.1. Council Member Clayton co11111ented upon the remodeling costs for offices at the Recreation Center. It was h t er poin t ed out by Director Bhck that these costs al so included the Improvements necessary to the telephone system in - stalled in 1985 which is no longer efficient or repairable. Director Long explained the additional funds for the Library carpet were being requested as the original estimate for the PlF project was inadvertently based on discon - tinued and Inadequate stock which 1s not acceptable. Vote resu;ts : Ayes: Nays: Absent: Motion carried. Council Members Koltay, Hathaway, Wiggins, Clayton , Habenicht, Van Dyke None Council Member Bullock (e) Director Esterly presented a rec011111end1tlon from the Dep1rtment of Public Works to lfprove the expansion of the current custod1al services con- tract with Janitronics to Include the Englewood Recreation Center. The in- creased cl eanllness and efficiency which w11 l ruult was exph1ned by Mr . Fraser, who stated the additional costs of S32,300 for 1991 will be funded as follows : Public Works• S10,000; Recreation Departnient -S22,300 . COUNCIL MEMBER CLAYTON NOVEO, AND IT WAS SECOIIIED, TO EXPAND THE 19 fl JANlTRONICS CONTRACT TO INCLUOE THE ENGLEWOOD RECREATION CENTER AT AN ADDI- TIONAL CONTRACT COST OF $32,300. Ayes: Council Members Koltay, Hathaway, Wigg i ns, Clayton, Habenicht, Van Dyke Nays : None Absent : Council Me mber Bullcck Motion carried. 12. General Discussion (a) Mayor 's Choice Mayor Van Dyke did not have any matters to ~ri·: :fore Council. I I I I £n9lewood Ctty Council Ntnutes llarch 18, 1991 -Pat• 7 {b) Council Member's Choice {i) Council Member Clayton: l . In connection with earlier discussion concerning the contract with Colora- do Humane Society for operation of the anl11al shelter, he suggested the 24 - hour notice stipulated in Section I, Sub-section E, refers on l y to the City's obligation to give notice to Inspect the facility and equipment for repair or replacement. City Manager Fraser pointed out that the Center will be open to the public seven days a week should anyone want to inspect the premise . 2. Hr , Clayton offered a brief oral report on his attendance at National League of Cities Conference in Washington, D. C., specifically as the con- ference related to SUPERFUND . He 111et with congressional representatives while In D.C. In an effort to garner support i~ this matter. (ii) Council Member Habenicht expressed appreciation to Mr . Fraser, his staff, and Susan HcDonnel for their combined efforts in honoring Lisa Cobb. (ill) In the absence of Council Member Bullock, Mayor Van Dyke presented his concerns about the Aduis County assassnent of sludge fees. City Attorney DeWitt was asked to review the •attar for possible adnl1n1stratlve remedies. (iv) Council Member Wiggins: 1. He inquired about the status of 4700 South Huron Street. Mr. Fraser stated an offer had been made; he will keep Council apprised. 2 . A brief discussion ensued concerning the status of Cinderella City. 3. The proposed re-designation of the South Platte River fro11 Recreation Class 2 to Recreation Class 1 by the Colorado Water Quality Control C011111ission was explained by Mr . Fraser. (v) Council Member Koltay asked Council to Join him In wishing the City Clerk a happy birthday. Following a resounding rendition of the traditional "Happy Birthday to You,• a cake with the "appropriate" number of candles was presented to Pat. 13. City Manager's Report (a) Mr . Fraser advised Council the City Is entering Into a one-year contract with American Money Maniilgement Association in compl lance with the previously approved Investment Policy. Proposal were submitted, Interviews were conducted, and Mr. Fraser has determined this Is the best firm to assist the City in maximizing Its Investments. (b) He br i ef Counc i l on the ramifica t ions of Senate Bil l 222 concerning State co ntribution s for f; re and po li ce member s · benefit s. He re co mmend ed En9lewood City Council Ntnutes March 1B, 1991 -Page 8 that Council state I ts opposition by notifying Representative 81 ickensderfer and Senator Considine. COUNCIL NENBER HABENICHT MOVED, AHO IT WAS SECONDED, TO AUTHORIZE TRANSMITTAL OF THE CITY'S OPPOSITJOH TO SENATE Bill NO. 222. Ayes: Council Members Koltay, Hathaway, Wiggins, Clayton, Habenicht, Yan Dyke Nays : None Absent: Council Member Bullock Hotton carried. (c) Concerning House Bill 1282 regarding publ le Information reporting requirements for Issuers of certain non -rated public securities, Hr. Fraser explained the financial consequences to the City should this 8111 become law. He provided Council with a proposed letter stating the City's opposition which would be sent to Representative Bl i ckensderfer and Senator Considine. COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECOll>ED, TO AUTttORIZE TIWISIUTTAL OF THE CITY'S OPPOSITION TO HOUSE Bill NO. 12B2, Discussion ensued relative to the EURA bonds and how these requirements would affect the City. The liability associated with deficiencies 1n disclosure were po i nted out. It was suggested that Colorado Municipal League be sent a copy of the letter of opposition. Vote results: Ayes : Nays: Absent : Motion carried . Council Members Kolt1y, Hathaway, Wiggins, Clay t on, Habenicht, Yan Dyke None Council Member Bullock (d) Mr. Fraser shared infomation concerning "Great outdoors Colorado" and encouraged Counc i l to review It and to establish a position In the near future. 14. Ctty Attorney's Report a) Hr . DeWitt transmitted a proposed ordinance establishing City holidays. (b) He provided a report on the estimated costs of the vict i ms assis - tance program. (c ) He advised Council they may receive inquiry calls concerning tap charges initiated by South Arapahoe Sanitation District. (d) He in fo rmed Council that at Hr . Fraser 's re quest he had prepared an a 1 ternat i ve draft ord inancc concern i ng recreation fees. He requested that Council review it and offer their comme nts . I I I I Englewood City Council Ntnutes March 18, 1991 -Page 9 (e) He requested a motion terminat h g animal faci l ity contracts with all entities other than the Colorado Humane Society . COUNCIL MEMBER CLAYTOff MOVED, ANO 1T WAS SECONDED, TO TERHINAH ALL CURRENT ANIMAL SHELTER CONTRACTS 111TH THE EXC EPTION OF THE CONTRACT WITH COLORADO HUMANE SOCIETY . It was confirmed th;,t 1 ' i• ,o lved jurisdictions had been notified of th is act1 on. Vote results: Ayes: Nays: Absen t: Hotion carried. Council Hember s Koltay , Hathaway , Wiggins, Clayton, Habenicht, Van Dyke None Council Member Bullock (f) Hr . DeWitt provided background informa tion on the City 's sewage sludge litigation against the insurance carriers. He reconrnended that ANDER · SON, KILL, OLICK & OSHINSKY be reta ined as special counsel to conti •1ue this l1tigatfon on behalf of the City. COUNCIL NENB E CLAYTON NOVm, AND IT WAS SECONDm, TO AUTHORIZE THE LAW FIRM OF ANDERSON , (ILL, OLICIC I OSHINSKY, P.C., WED ON IIR. DEWITT'S RECONIIENOA- TION, TO PURSUE LtTIQATlON IN THE LOWRY LANDFILL CASE. Ayes : Council Me mbers Kol tay, Hathaway, Wigg; ns, Clayton, Habenicht, Van Dyke Nays: None Absent : Coun c il Member Bullock Hotion carried . (g) Hr . DeWitt offered add i tional i nformation concerning the nationw i de efforts of American Co11111Unit 1es Cl ean -up Equity (ACCE), an organization the City recently joined . Hr . DeWitt is attempting to get other Colorado conrnuni• ties to join ACCE and pl ans to mee t with Kevin Murphey, its key spokesman, while in Californ i a in the near fut ure. He will be providing Mr. Hurphey with Englewood 's pol Icy statement and cop ies of letters Council has sent to Its representatives concerning the subj ec t o f sewage sludge, etc . The future con - sequences and implications of land fi l l c lean -u p was discussed further . 15. Adjournment COUNCIL MENBER KOLTAY "OV EO TO ADJOURN. The meet ing adj ourned at 9 :1 2 p .m.