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HomeMy WebLinkAbout1991-05-06 (Regular) Meeting MinutesI ENGLEIIOOD CITY COUNCIL EN6LEWOOD, ARAPAHOE COUNTY, COLORADO Re ular Session IIAY 6, 1991 I . Call to Order The regu l ar meet i ng of t he Englewood Ci ty Counc i l was called to ord e r by Ma yor Van Dyke at 7 :34 p .m. 2 . Invocation The invocation was given by Council Member Bu l lock. 3 . Pledge of Allegiance The Pledge of Alleg i ance was led by Mayor Van Dyke . 4 . Roll Call Present: Abse nt : A quo r um was present. A 1 so presen t: 5 . "tnutes Council Members Hathaway, Koltay, Wiggins, Bullock , Clayton , Habenicht, Van Dyke None City Manager Fraser Ci ty Attorney DeW itt Deputy Ci ty Clerk Ell i s Retired Planning Administ r ator Roman s, ColTl!I. De v. Director of Recreation Bla c k Brian Brown , Recyc l ing Coo r di nat or Di rector of Bi-City, WWTP 1 Utilities Fon da Di recto r of Public Works Es t erly Div isi on Ch i ef Moore (a) COUNCIL HEHBER WIGGINS HOYED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL IS, 1991. Ayes: Co unci l Membe r s Koltay, Hathaway, Wigg i ns, Bullock, Clayt on, Habenich t , Va n Dyke Nay s: None Mot i on carried . 6 . Pre-sched uled Vis i tors Englewood City Council. May 6, 1991 Page 2 (a) Don McKee and Bob Stef appeared on behalf of Eng lewood 's Senior Baseba 11 league (MSB L), a non-prof it Co 1 orado corporation. Mr . McKee ask ed Council to reconsider their request to rent the Harry Wise baseba11 fteld for the summer season. He submitted a letter to Council from MSBL, offering back-I ground information and requesting use of the field . He noted they used the field in 1988 and 1989; and contributed several thousand dollars i n field rental charges and some of their players have assisted in the f ie ld ma i n - tenance . Since then, they have been denied use of the fiel d due to alleged wear and tear. Mr. Fraser st ated he would rev i ew the s i t uation with staff and d iscuss any alt ern at i ves wi th Mr . McKee and Mr . Stef. (b) City Manager Fraser presented the Employee o f the Month award to Bil1 Amack, Chief of Building Maintenance, commenting upon Mr . Amack 's han - d1ing of requests promptly and dependably, and his cour t eous, professional manner. (c) Ralph Campbell, State Forester, presented Englewood 's 1990 Tree City USA Award to Mayor Yan Dyke . He appeared on behalf of the Nat i onal Arbor Day Foundation and the Colorado State Forest Service. (d) Nicolas Farrow, of Boy Scout Troop 92 did not attend . He ~as to discuss the use of Centennia l Park Lake for c anoeing. Council Member Clayton assured Council he would follow-up on the request. COUNCIL MENBEA HABENICHT MOVED, ANO IT WAS SECONDED, TO BRIN& FORWARD AGENDA ITEK B(B) THE PROCLANATION HONORING ZACH T. NIES. Ayes : Council Hembers Koltay , Hathaway, Wigg in s , Bullock, Clayton , Habenicht, Van Dyke Nays: None Hotion carried. 8. (b) COUNCIL MEMBER HABENICHT MOVED. ANO IT WAS SECONDED, TO RECOGNIZE ZACH T. NIES AS AN OUTSTANDING YOUTH CITIZEN IN ENGLEWOOD, COLORADO. Ayes : Council Members Koltay, Hathaway, \oliggins, Bullock, Clayton, Habenicht , Yan Dyke Nays: None Motion carried. Mayor Yan Dyke presented the award to Za c h Nies. (e} Seven Englewood High School students ad dre ssed Counci l regarding t he pros and cons of the junk enforcement ord i nance , In conjunct i on with their participat i on in Student Govern ment Day. Mr . Graebner , head of the Oepa r t men of Social Studi es for Englewood High Sc hool, was presen t an d int rod uced each student . The s tudent participants were Autumn Shields , Je nn ifer McCoy . Don Bennett, So nj a Callahan , Shawn Palmer, Bro ck McKinney , an d Mo r gan Sh ea. The students respon dej to questions from Coun cil. 8. Corrrnunic ations and Proclamations (a ) COUNCIL HEHBER CLAYTON HOYED, AND IT WAS SECOND ED , TO DECLARE THE WEEK OF HAY 12 -1B, 1991 AS NATIONAL HISTORIC PRESERVATION WE EK. A es : Cou ncil Members Ko ltay , Hathai,,dy. Wigg i ns, Bu ll ock . Cl ayt on . Habenicht, Van Dy ke I I I Englewood City Council, May 5, 1991 Paga 3 Nays : None Motion carri ed . [CLERK'S NOTE : AGENOA ITEM 8 (a) WAS INADVERTENTLY ACT ED ON OUT Of ORDER.] 7. Non-scheduled V1s1tors (a) Jeanne HcWil l iams. of Meeker, appeared on behalf of her mother. Helen HcWil l; ams, 3795 South Grant. She stated she had been under the mis· taken impression, after speaking to Council March 25th , that Council had real- ly listened to the valid case she and the other cit ize ns had presented. She expressed her anger over learning that Council had reaffirmed their commit - ment to proceed with the Concrete Replacement District No . 1991. at the study session April 1st . Mayor Van Dyke stated, she too felt they had reached an accord at the March 25, 1991 City Council Meeting . She advised Ms. HcWilliams that official ac- tion i s never taken in study session. Hs . Van Dyke noted she had understood the opportunity to reassess would be provided to everyone in the district; ~rimari l y addressing hazardous concrete . Hs . Williams stated she didn't feel that had happened. She als o was concerned that the city was only re-examin i ng concrete pursuant to a complaint. Hs. McWilllams stated her mother had contacted all those who signed the petition she had subm i tted at the March 2~, 1991 meeting . Many of them interpreted the April 8th letter as the final say in the matter and felt to protest further would be to no avail . Ms . McWllliams advised Council she had written to Mr . Est erly requesting specifics on development of the concrete criteria and up-to-date job descrip - tion for Isadore Bueno and Hr . Esterly; his response did not address her con - cerns. She complained about the length of time it took to respond. Ms. McWilliams assumed , from Mr . Esterly 's response, that Hr. Bu eno does not have an Engineering Degree ; she questioned his qualifications for marking the concrete. She noted that several areas i n the City of Englewood have been repaired with asp halt . When her mother questioned Mr. Esterly regarding th is he had rep l ied the City ha s a budget to adhere to. She pointed out that citizens are also on budge ·.s. Ms. Hclolilliams commented on an article i n the Sentinel , that spoke to th e fact , that people had volunteered to pa r ti cipate in t he program . She took exception to this as the letter they had received mandate d the ir participation . Mayor Van Dyke explained th at c i tizens residing ou t side the di s tr i ct have been given the opportunity to voluntarily replace their co ncrete . Ms . McWilliams requested t he program be te r minated at this t i me . COUNCIL MEMBER KOLTAY MOVED AND IT WAS SECONDED, TO BRING FORWARD AGENDA ITE M 9(E), COUNCIL BILL NO. 26. Ayes: Coun c i l Member s Koltay , 11athaway , Wi gg ins . Bull ock , Cl ay ton, Habenich , Van Dyke Englewood C1ty Council, Nay I, 1991 Page 4 Nays: None Motion carried. He stated he felt It appropriate , at this time, to he Y the cit,zens wi shing to address th i s iss ue. (b) Glenn Thach, 4201 Sou th Pearl , spoke In opposition to the Concrete Replacement Dis trict No. 1991. He agreed with the corrrnents made by Ms. McW i l - liams . Hr . Thach felt the project had been inconsistent and gro~sly mi s- managed. He was very upset with the fact that concrete was re-evaluated onl y if requested to do so. He noted many citizens were unaware of that option. He felt the procedure was knowingly misleading and Irresponsible. Mr . Thach asked Counc i l to reconsider the program. He brought up the suggestion made by Ms. McWilliijmS at the March 25th meeting, to increase the mill l evy to address the sidewalk replacement issue . He reiterated it was his understanding the City of Englewood is the only major city In the area that holds the residents completely responsible for concrete replacement. He questioned why the City's budget is SS00,000 behind in concrete repair; and what happened to the funds allocated for that purpose. City Manager Fraser stated all the money allocated for concrete repair has been spent for that purpose . Between 1987 and 1989 the City did not allocate money for concrete improve111ents, because the City did not have a capital pro- gram at that time . The capital program is being re-estab l ished this year. City concrete will also be replaced during this program, at a cost of $300 ,000 . Council Member Clayton stated that because of the downturn 1n the economy, the City has exp erienced some shortfalls in revenue, and with~ut a tax increase, the money has not been there for capital improvements . He noted there are approximately 1200 families paying for conc r ete they've already had replaced. Hr. Clayton stated he Is unable to come up with a fair way to assess the con - crete replacement charges. Discussion ensued regarding calcu l ating a property tax i ncrease to cover the cost of concrete replacement . Mayor Van Dyke noted his is a valid discussion, but it ne eds to be address ed by a sub-conrnlttee or at the administration level, at another t ime . She asked that they focus on the immediate concern as to whether the concrete replace- ment prog ram sh ould b€ appr ov ed or examine othe r alternatives . Mr . Thach fe l t the study s ess ion notes indicate the i ss ue wa s no t approp riate- l y ad dre ssed . Mayor Van Dy ke st at ed Council is reticent to address rai s in g property ta xe s a s Cotin c i 1 has be en very f i r m, for t he 1 ast 4 to S years ha rroperty taxes sh ou l d not be r aised. Hr. Th ac agree d. s tating t he i ssue neefls to be explored further , ~:,d he re- quested the project bP put on ho ld . I I I I Englewood City Council, Nay&, 1991 Page 5 Mr . Wiggins noted Mr. Thach has one section marked as mandatory . Mr . Thach stated he Is standing up for all the citizens who are Intimidated by Council and are unwil 11 ng to come forward. He noted he disagrees, in pr in - ci pa 1, with the program. Council Member Clayton noted a mill levy is assessed against business property at twice the rate of re~idential property. He advised Mr . Thach that Council has spent a cons i derable amount of time in the la st three years discussing other ways to address this issue; and while i t may seem the study sess i on came along and there was no discussion, in ac tuality, this has been a vigorously debated i s s ue. Hr. Thach stated he had been advised by an engineer at Harding, Lawson & As - sociates that spalling concrete is not necessarily bad . He stated he is still concerned with the method of marking concrete for removal. He a pp rec i ated Council listening to his concerns. {cl Robert Hickle, 3680 South Elati, spoke concerni ng the alley east of the 3600 block South Elati Street . He and his neighbors had misunderstood the Intent of the district, as they thought it only encompassed sidewalk repair. They felt they were "stuck" with the district. He reviewed specific problems Nith the alley. He felt it wou l dn't be long before the cement would begin cracking without a sub-base, as the City intends to put in 8" of concrete with no reinforcement. Hr. Hickle stated he and his neighbors don 't feel the alley needs to be repaired. Member Hathaway stated the al1 •iy was part of an improvement plan at least 3 years ago and it was brought t., ouncil 's attention by residents living im- mediately behind the apartment t ::ilding. She noted, the current manager of Villa Parada Apartments, appeared before Council at the Public Hearing, March 25th and addressed some of their dra i nage problems; they are wi 11 i ng to pay for repairs in their portion of t he alley. (d) Edra Stan l ey, 3895 South Grant, in opposit i on to the concrete rep l acement about the time limit they've been given. Sl,700.00 more than the first estimate. agreed with all previous co111nents district program. She complained She stated her last estimate was Counc i l Member Bullock asked how she would feel about being exempted from the district this year and bei ng put on notice for next year. Ms . Stanley stated it mi ght help , but she would still have to pay for it. (e ) Shirley Condrea y, 3886 So uth Elati , stated she wa s oppo s ed to re - pairs in t he alley eas t of the 3600 block of South Elati St r eet. (f) Ken Condreay , 3690 South Elati, s tated he was opp ose d to re pa i r s in the al l ey east of the 3600 block of South E1ati Street. Jeanne McWi lliams ca me forward aga in to s t ~t& she wo uld be glad to mee t with Council regarding calculat i on s for a propo sed mill l evy in cr ea se. She st at ed the,-e are busines ses s lated to hav e concrete repl.c,d. Englewood City Counci l , "•Y 5, 199 1 Page I She addressed Hr . Bullock 's question to Ms. Stanley, regarding dela ying her r e placement one year . Ms . McWil 1 i ams felt defe r ri ng replace ment one ye ar would no t be ac ceptable , as they do not want this expenditure hang i ng over th ei r he ads. Ms . Mcwilliams read the sect i on of the April 8th letter to res i - dent s, add ressing marg i nal concrete . She s t ated a Public Works official had adv i sed that wi th i n the next two yea r s, t he ma r g in al co ncrete would nee d to be rep l aced . She stated she does con s ider some concrete a hazard . Ms . McW i 11 i ams noted Counc i1 ha d ment i on ed some peop 1 e had al ready pa id for concrete replaceme nt; she advised Counc il her fa t her ha d also prev i ously pa id the Ci t y for Concre t e repai r s a few yeas ago. Co unc il Me mber Cla yton commente d that Pavin g Di s tr i ct No . 34 i s alm os t at the end of a ten year program to re -pave the entire City , which has included con- crete s idewalk rep l acement . Counc i l Me mber Ko ltay po i nted out he d i d advise Ms. HcWill i ams of the discu s- sion during study ses s ion and he had tr i ed to explain t o her that formal ac - tion occurs during regular City Council meetings . He noted all of the dates for the Concrete Replacement Prog r am had been publi s hed , and the property owne r s had rece i ved notice of t he f i nal read i ng scheduled for May 6th . Discussion ensued regarding the confusion among citi zen s regard i ng study session . Council Member Koltay stated we are not do i ng a pavement overlay and so it is not an issue in th i s part i cular district, as they are replac i ng concrete . Patching ~aterials were discussed. He also stated he felt a tax increase to cover concrete replacement is a gross inequity to most of the c i tizens of the COnfflunity. Everyone owning property in the c ity wil l be faced with repairs to the i r concrete; how they may choose to pay for it is another i ssue . l'ls . HcWilliams suggested a letter be sent to c i tizens asking if they would rathe r see th e ir taxes i ncreased or pay the concrete re pl acement ou t of the i r pocket. Mayor Van Dyke agreed it was a possibility. Dis cuss ion ensued regarding the payment made by Ms . McWil 1 i ams parent s i n 1971 . Counc il Membe r Ko l tay stated he had an equal nu mber of people reque s ting in - clu si on in the distr i c t and he would want i np ut from staff a s to how these people wou l d be affected by put ting off a portion or al l of the d i str ict. He perso nall y fe lt t he re is never a good t i me to r e pl ace con cre t e . Ms . McWil 1 i ams as ked Co un ci 1 t o remembe r that a 1 a t of t he conc rete mar ked is not ~azar dous. She al so denied tha t any of her mo t her 's concre t e presen t s a ha:ard. Counci l Me mber Hab enicht noted a study gr oup would be appointed t o rev i ew fu- t ure conc re t e re placement, whi ch she su ppo rts, as it is a ve r y com plex iss ue . Some of t he remedi e s Cou nci l had hoped would t ake pl ac e, pr i or t o the s eco nd re ad ing of the counci l bill, have perh aps not taken pla ce to her satisfaction. I I I I Englewood City Counctl, Nay 6, 1991 Page 7 From her perspective, the concrete portion of the Paving District No. 34, wa s in it i a 11 y 1 nc l uded to respond to Counc 11 Member Ko ltay' s request to inc 1 ude two alley ways in the district. Council i ntended to include additional con · crete beyond that wh i ch is in the right-of-way for those who volu~teered. The mot i vation for creating the concrete portion of the paving district was one of convenience for the residents and property owners; now it was pr imarily to address the serious conditions of deteriorating and hazardous concrete In t he district or City. She felt it would be appropriate to reevaluate this prog r am and postpone further action on concrete unt il a more equitable program hat addresses the Ci ty 's most deteriorated and hazardous concrete is devised. COUNCIL MEMBER HABENICHT MOVED, AND IT NAS SECONDED, TO REMOVE FROl1 PAVING DISTRICT HO. 34 ALL CONCRETE WORK IIHICH JS HOT VOLUNTARY. Council Mem;;er Hathaway suggested that the motion be clarified to reflec t that concrete work to be removed is from Concrete Replacemen t District No. 1991, not Paving District No . 34. Council Membe r Habenicht accepted it as a friendly amendment . Counci 1 Member Bullock suggested Council consider exempting the people who feel there has not been enough time or that the concrete markings have been ar-h'trarily made. He felt those exempted should realize the i ssue will be re- ~ a111 1ned next year . It would give Council an opportunity to examine the is- ,u~s in a more consistent manner; perhaps looking into patching. Mr. Bullock o ffered a friendly amendnent tl,at NOTICE BE GIVEN TO THOSE EXEMPTED, THAT THE ISSUES NILL BE RE-EIMJNED NEXT YEAR TO INCLUDE PATCHING IDEAS Mil RE- EXANJNATJOH OF THE CONCRETE . City Attorney DeW itt suggested that Council Member Bullock's friendly amend - ment be considered in a separate motion in order to keep the leg islation clean. Council Member Bullock withdrew his motion. Discussion ensued regarding the implic at io ns of Council Member Habenicht's motion. Council Member Cl ayto n wanted to make sure that if the motion is approved, those people in the district that want to take care of their concrete at thi s time and ta ke advantage of the financing would be allowed to. In response to concerns expressed by Counc i 1 Member Hathaway , City Att orn ey DeWitt noted that citizens who have already poured their concrete are no t part of the District . City Manager Fraser explained, at the pre sent time, there are approxi mately 370 properties included in the district. Three hund red of the properties were in cluded originally In the concrete program, with most of those ident i fi ed as mandatory replacement. The f i nancing and the cost of financing for th i s dis - trict was based on a certain number of propert i es and a certain volu me of re - pair. If this proposed amendment were to pass , the City would have to re- assess the costs per property . It co uld dramatically affe ct the cost. Englewood Ctty Council, "'Y &, 1991 Page 8 Council Member Clayton po i nted out they have heard very little opposition lo the Concrete District , other than from Hs . HcWilliams and Mr. Thach. He sug- gesti;d it would be appropriate to exempt their properties for another ye ar , but he does n~t agree with pulling the di strict. Council Member Koltay questioned how thi s amendment would affe ct the scheduled June 21, 1991 final date for concrete cons t ruction . He al so que stioned the general impact of backing the project up 30 days . Hr. Esterly stated they are working on a very tight schedule, and backing the project up 30 days can create construct i on problems towards the end of the year; i .e., when final pavement patches can be made at the end of the program . He noted they can easily mar.e arrangements for people making a firm co1m11tment to be included in the district and assessment process. Hr. Koltay discus sed the issue of cutting some of the concrete along the roadway. He understood i t was not the pr eferred method . Hr . Esterly advised , that as soon as labor is involved in th e process, 1t will be more expen,tve . He stated he would be unwilling to recommend it as a good alternative ; it would be difficult to get a contractor to guarantee the work for any period of time, and they do not have a history of work experience in traffic areas. On a larger scale, Mr. Esterly's not convinced the concept of patching would be chea per . Council Member Habenicht questioned the effect, in terms of cost, of removing all but the voluntary paving from the concrete portion of the district . Hr. Esterly stated 1t would reduce the bonds sold by about 40'X. overall, drop- ping from $532 ,000 worth of work to $332,000. One of the Impacts would be some of the small fees would be imposed on the other participants. Mayor Van Dyke reiterated the opportunity would be provided to people i n the mandatory district to do their concrete on a volunteer basis. Mr. Esterly emphasized that the intention of the letter sent out reconfirming the City's position to proceed with the dis trict was to bring people forward if they wished to discuss the district further, and to keep them informed. Every property owner in the distr ic t r eceived the letter. Out of 300 property owners, Public Works received requests fr om abo ut 25 people to have their property re-examined, which was done . Counci l Member Hathaway referred to Mr . Esterly 's previous commen that patch might end up be i ng higher than just having the concrete re placed. She asked, under our current building permit system, if we allow people t o patch concrete in the City of Englewood. Hr. Esterly sta ted our current regulations and standard s do not allow patching . Council Member Koltay stated he believes Coun cil ha s the au t ho rity o r em ove peop l e on a case by case ba s is , those that have petitione d t o be r emo ved, as they have in past dis tr icts. He f e lt thi s was the step lo take at t his time. as he could not s upport removi ng a large port i on of the distri ct. I I I I Englewood C1ty Counc11, May 6, 1991 Page g City Manager Fraser, responding to Mayor Van Dyke , stated Council has several options: -by mot i on del e te a group of people ; by motion amen d the district to include specific properties; proceed with t he district and direct staff to work wit h indi- viduals to come to conclusi ons with respect to their indiv id ual properties . There are a number of things that can be done with respect t o the final ad - ministration of this distr ic t. If Council were to adopt the ordinance as presented this evening, staff would proceed as the distr i ct is formulated , then provide additiona l direct i on to staff with respect to how that i s covered for the property owners with on -going concerns . They could amend by specific address those properties or i ginally identified as being a part of the dis- trict . If they c hose to amend the council bill, it would have to be re - pub l ished in full . nd considered for final reading again in two weeks. Mayor Van Dyk e asked for th e time limit for a property owner to peti ti on for removal from the district . City Manager Fraser stated Council could amend •t tonight, bring it back in two weeks, amend it again and start the process all over . The unfortunate part is if Council does not pass the ordinance on final reading, staff would not be able to proceed with the bonds , and that strategy could feasibly defeat the entire district. Council Member Koltay stated he intends , after the vote on the other issue, to make a motion to remove from the district all residents who have requested it. Counc11 Member Bullock questioned how Council intends to identify the resi - dents to be removed fr0111 the district. Council Member Koltay sta ed he had received three letters 1n protest . He would recommend they be removed from the district. CI ty Manger Fraser advised Council of another letter that had been received r eque s ting removal from t he distri ct from Bernard ine Hanson, 3796 South Sher- an Street. Discussion ensued regarding the ind i viduals that would be removed from the di stric t. Ci ty Attorney De Witt s tated he would like t o confirm that the residents to be exe mp t are part of the concrete district. Mr. Esterly noted the alley east of the 3600 block of So uth Ela ti Street , whi ch Mr . Mickle spoke to , is part of the paving district , not t he co nc ,·ete d i strict. Coun c i l Member Bullock asked Edr a Stanley i f she would li ke to be re moved fro m the distri ct . Ms. Stanley st ated she was no t quite sure what t hat me ant. Mayor Van Dyke explained it basic al ly mean t , at thi s t i me , she woul d not be Englewood City Council, Nay 6, 1991 Page 10 required to replace her concrete. She advis ed Ms. Stanley that Counctl i n · tends to study the si tuat i on in the next year, wh ich could change Implementa- tion of the concrete program. Ms . Stanley stated s he would like to be removed. (g) Vi rginia Crook, 3960 South Grant , r equested s he be removed from t h concrete district. Vot e results on Cou ncil Member Habenicht's moti on to remo ve from the Concrete Replacement Dis trict llo . 1991 , all concrete wo r k that is not mandatory : Ayes: Me mber Habenicht Nays: Me mb r s Koltay, Hathaway , Wiggins, Bullock, l.layton, Van Dyke Motion defeated . COUNCIL "EMBER KOLTAY "OVED, AND IT WAS SECONDED TO APPROVE COUNCll. BILL NO. 26., ENTITLED: COUNCI L BILL NO. 26, INTRODUCED BY COUNCIL MEMBER KOLTAY A BILL FOR AN ORDINANCE CREATING PAVING DISTRICT NO. 34/CONCRETE REP LACEMENT DISTRICT NO. 1991, IN THE CITY OF ENGLEWOOD, COLORADO; ORDERING THE CONSTRUC- TION ANO INSTALLATION OF STREET PAVING, CURB, GUTTER ANO SIDEWALK IMPROVE- MENTS, ANO THE REHOVAL ANO REPLACEMENT OF SUB -STANDARD CURB, GUTTER, AND SIDE- WALK, TOGETHER WITH NECESSARY INCIDENTALS; ANO SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT . COUNCIL MENIER KOLTAV NOYED ANO IT WAS SECOIIIED TO MEND THE MOTION TO EXENPT THE FOLLOWING RESIDENTS FRON PARTIC IPATION IN THE CONCRETE REPLACEMENT DIS- TRICT NO. 1991 AS FOLLOWS: HELEN NCWILLIANS, 3795 SOUTH GRANT STREET &LEN THACH, 3201 SOUTH PEARL STIIEET RUTH SCHROEDER, 4211 SOUTH PEARL STREET BERNARDINE HANSON, 3796 SOUTH SHEMAN STREET VIR&JNIA CROOK , 3960 SOUTH GRANT STREET EDRA STANLEY, 3895 SOUTH GRANT STREET Ayes: Nays: Motion carried. Members Koltay , Hathaway, Bullock , Clayton, Habe nicht , Van Oyke Member Wigg ins [CLERK'S NOTE: IT WAS DETERMINED THAT COUNCIL MEMBER HABENICHT 'S MOTI ON TO AM[NO WAS OUT OF ORDER · IT WAS RECONSIDERED) COUNCIL NENBER HABENICHT MOVED ANO IT WAS SECONDED, TO REMOVE FROH CONCRETE REPLACEMENT DISTRICT HO. 1991 ALL CONCRETE THAT IS NOT VOLUNTARY. Aye s: Member Habenic ht Na ys: Members Koltay, Hathaway , Wiggin s, Bullock, Cl ayton, Van Dyke Motton defeated . I I I I Englewood City Council, Nay 6, 1991 Page 11 Council Member Habenlc~t expressed concern for the people who are unaware of the opportunity to be removed from the district; particularly in light of all the misunderstandings that have occurred. City Manager Fraser stated a number of residents have volunteered to partici - pate in the district. We have the proviso, to exc lu de peop l e fr om the forc ed aspects of this district i f they voluntarily seek to have the concrete re- placed. This al lows the City some discretion between now and June 21st to work with those owners, and to come up with an acceptab le convnitment from them to take care of the concrete . They do not necessarily have to participate in the district at this point and we have some time frame flexibility. The resi- dents are co11111itted to take care of concrete targeted for mandatory replace- ment, and the City needs to seek some means for getting it repaired . Council Member Hathaway noted the council bil l will come before Council at the next meeting on second reading , she questioned whether they could accept any requests for exemptions received between now and then . City Attorney DeWitt stated they would have to amend the counc 11 bill again and have another reading. Counci I Member Hathaway felt Council Member Habenicht was concerned that we may not have addressed everyone that wanted to be considered, and Council does have the option to a111end the council bill at the next meeting. H1yor Van Dyke asked City Manager Fraser if Ms. Habenicht's concern could be addressed administratively. City Manager Fraser felt at some point Council should take a stand. Council has had an opportunity to l t s ten to concerns, and taken steps to deal with those properties. He stated staff will do everything possible to mitigate the negative effects. However, we have concrete throughout the City that needs to be repaired. Since 1962 It has been a policy of this City that the citizens pay for repairs to their adjoining property. He again encouraged Council to proceed, and deal with individuals experiencing hardship . we have the financ- ing option, as well as several other things that can be done to mitigate fis- cal effects of the district. Technically, Council could amend this again , however there is a date beyond which we cannot get the bonds done and proceed with the work in a t im ely manner. The amendment tonight sets the program back another two weeks; and he felt anything beyond this puts the end of the proj- ect in jeopardy. When concre te work is done adjacent to the pave men t, they cut into the pave ment and go back and pat ch it. As it is now the district will be concluded in September and we will be gett Ing into freezing wea ther when the patches wi l l be difficu l t to attain . Mr . Fra ser felt another two week de lay was not appropriate. Counci 1 Me mber Habenicht stated s he unders Lands Hr . Fr aser's co ncerns; she asked about the pos s ib i l ity of hav i ng an open motion t hat wo uld al low r es i- dents , between now and the nex t meeting, the opportunity o be included in th e mot ion ; she felt this would be a little more eq uitable . Eng1ewood C1ty Counc11, Nay 6, 1991 Page 12 City Attorney DeWitt st ated the opt i on Council has Is to table the motion and act on it at the next meeting. The problem is It wil l add two more weeks to the sc hedule . In response to Member Habenicht' s open motion inquiry, he stated it would not be possible , as the legisla ti on would fail basic constitu- tional requirements. Councll Member Kolta _y stated he believes he must represent his ent i re dis - tr i ct. He feels all the residents i n the district have had the same oppor - tunitie s as the indiv i duals present. He noted he ls con fident , at this point t hat Coun c il has reached resolution with a large number of people in the dis- trict; he has encouraged residents with concerns to come forward and address the Issues. He feels Council should go forward with the d is trict . Council Member Clayton stated he resides in the district and he wa s notified in a timely fashion . He feels Council has demonstrated their will lngness to hear citizen co11111ents and change the criteria, and has been willing to exempt certain propert i es from the district. He agreed i t is time to move forwa rd. It was confirmed that people i n the paving distri ct and the concrete replace- ment district are operat i ng with i n the same time frame . Council Member Hathaway noted the alley east of the 360 0 block of South Elati Street Is part of Paving District No . 3' and it was deferred a couple of years ago. Ms . Hathaway requested staff send a letter to Robert Mickle, Shirley Condreay and Ker. Condreay outlining the history of this alley and why it is being piVed as part of Paving District No. 34, She did not feel it was ap- propriate at this time to remo~e the alley from the paving di strict. She not- ed there has been test im ony in favor of the repairs from close to three fourths of that bl ock. Council Member Habenicht stated she supports Paving District No. 34; however, she has a problem with the Concrete Replacement Distr i ct No. 1991. Because of this, she feels compelled to vote against Paving District No. 34 . Vote results on Council Member Koltay 's motion to approve Council Bill No 26 as amended : Ayes: Nays : Motio n carried . Me mbers Koltay, Hathaway , Wiggins , Bullock , Clayton, Van Dyke Member Haben i cht Mayor Van Dyke staled the exempted properties will be deleted and staff will do whatever can be done to mitigate the problems of any additional residents in the area. Council Member Haben ich t co nf ·rmed they wil l be continui ng t he s tudy of t he concrete replacement . Jeanne McWil l iams reque s ted all residents exempted from the progra be no tified in wr iting. I I I I Englewood C1ty Counc11, May 6, 1111 Peg') 13 (h) Steve Puryear, 2320 West Harvard Avenue, submitted a petition signed by residents of West Harvard Avenue requesting a reduction of the speed l i mit on West Harvard . They wo uld like to discourage traffic going to and from the junk yards and crusher . Council Member Hathaway questioned Hr . Pur ye ar re gard i ng his con cerns, and noted his close proximity to the Alternat ive High School. Hr. Pu ryea r agreed a lot of the speeding down Harvard could be a t tributed to the students. Mayor Van Dyke advised the citizens the petition submitted would be passed on to admlnlstrat i on to analyze their concerns, and come back with a reconvnendation. (1) Art Hoss, 2330 West Harvard Avenue, advised Counci l that two weeks ago, while att empting to slow someone speeding, six guys jumped Hr. Puryear and beat him up. These people have been evicted since that incident. In the last year he stated he had complained to police approximately 60 times in a five week period . He was told by an officer that until a ch i ld was hit , a car was hit or property was damaged, there was nothing they could do. {j) Bill Hiller, 2319 West Harvard Avenue, stated he 1 Ives across the street from a home where there have been serious problems for the last three months. He complained of pol Ice response time and stated their lives have been threatened. He contended the neighbors were dealing In drugs. Hr. Hiller requested the police department change their scanning system. He em - phasized the seriousness of the situation. Council Member Hathaway suggested they set up a neighborhood watch and she volunteered to help facilitate the program . Hr. ~iller was agreeable. (k) Inez Miller, 2319 West Harvard Avenur!, repeated her husband's con- cerns. She noted when they call the pol ice t o report an incident, the cars acro s s the street are gone within 5 minutes. (l) Hark Gibbings , 2340 West Harvard Avenue , stated he had just pur - chased his home and he too complained of the excessive speed of cars traveling West Harvard . He expressed concern for the safety of the children . (m) Bret Lu dwig, 2266 West Harvard Avenue, no ted his wife Lind a was also present. He concurred with his neighbors' comments. Mayo r Van Dyke agreed it appeared to be a very serious problem. She observe d they seem t o have a good neighborhood gro L. that is willing to work together, which wil l be a key component to changin g th ings. Inez Miller stated that other ne i ghbors shoul d have been pre s ent, but "th ey are scared to death." HEHBER VAN DYKE HOVED, AND IT WAS SECONDED, TO RECESS. Ayes: Council Hembers Koltay, Hathaway, Bullock , Clayton , Habenicht, Van Dyke Englewood C1ty Council, Nay 6, 1991 Page 14 Nays : Council Member Wiggins Motion carried . The meeting recessed at 10:04 p.m . The meeting reconvened at 10:15 p.m . Roll ca11 : Present: Council Members Hathaway, Koltay, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Absent : None A quorum was present. 9 . Approval on Second Reading COUNCIL NC'111ER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) THROUGH (d) AS FOLLOWS: (a) ORDINANCE NO. 23, SER!ES OF 1991 (COUNCIL Bill NO . 21, INTRODUCED BY COUNCIL MEMBER CLA1TON), ENTITLED : AN ORDINANCE AMENDING TITLE 7, CHAPTER 7, SECTION 6 , OF THE ENGLEWOOD H\JNICIPAL CODE 1985, RELATING TO THE ESTABLISHMENT OF FIRE LANES. (b) ORDINANCE NO . 24, SERIES OF 1991 (COUNCIL BILL NO . 22 , INTRODUCED BY COUNCIL MEMBER BULLOCK), ENTITLED: AN ORDINANCE REPEALING ORDINANCE NO. 28, SERIES OF 1989, WHICH APPROVED AN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA (CORPS OF ENGINEERS) AND THE CITY OF ENGLEWOOD . {c) ORDINANCE NO. 25, SERIES OF 1991 (COUNCIL BILL NO. 24, IN TRODUCED BY COIJNC JL MEMBER CLAYTON), ENTITLED: AN ORDlNANCE CREATING A REBATE OF SALES AND USE TAX ON PURCHASES OF MACHINERY AHO MACH INE TOOLS FOR BUS!NESSES JN THE CITY OF ENGLEWOOD , co•_ORADO . (d) ORDINANCE NO . 26 , SERIES OF 1991 (COUNCIL Bill NO. 25 , IN TRODUCED BY COUNClL MEMBER HAlHA~AY), ENTITLF.~· AN ORDINANCE APPROVING AN EASEMENT FOR THL <::·• ,.,· ;,, ,,1 NlTAT!ON DISTRICT BI G OR Y CRE Ei< INTERCEPTOR AT THE Bl-CITY WASTEW A:, . ' ,,.<:•H PLANT. Ayes: Na ys: Mot ion carried. Counc i l Me',~ t'S Kr '• . 1at haway , Wigg in s, tlullock , Clay to n Ha· ·'cht , Van Dyke None JO. Public Hear i ng -Consideration of annexations of parcels of real property to the City of Engl ewood. COUNCIL NENBER CLAYTON MOVED, AHO IT WAS SECONDED, TO OPEN THE PUBLIC HEARING . Aye s: Counc :1 Members Koltay , Hat hawa y . Wiggins , Bu llock, Clayton, Habenic ht, Van Dyke I I I Englevood City Council, Nay 6, 1991 Page 15 Nays : Non~ Motion carried . City Atto-ney DeWitt submitted a resolution, to be considered by Council, with respect to the Home Lumber Company property dea l ing with various aspects of the annexation as proposed in Council Bill No . 18 . All testimony was presented under oath. Dor othy Romans, retired Planning Administrator, Co11111unity Deve lop me nt , was asked to stand in for Richard Wanush , Director of Co11111unity Development, as he was taken ill . Hs. Romans stated that Section 31 -12 -106 of the Municipal An · nexation Act of 1965 , provides that municipal I ties may annex unincorporated land that has been completely surrounded by the municipality for at lust three years. A unilateral or involuntary annexaUon is permissible , unless there are conditions placed on the annexation. Ms . Romans stated the agree - ment with Home Lumber and the area being annexed by Council 8111 No . 18 would probably meet that criter i a, and so a hearing is required . The area addressed in this Council Bi ll has been co111pletely surrounded by the City since 1984. The areas identified in Council 8111 No . 19, 1n the Tufts, Windermere and Mariposa area have been surrounded by the City since the early 1960's. The City, on at least three occas i ons, has started annexation proceedings in th i s area . Prtmaril y, because they were part of another annexat 1 on on the west side of Santa Fe, which was aborted ; consequently the annexation of the pre- vi ously noted areas were also aborted . She also noted , the current property owners also owned the property in 1971. Consequently , this is the fourth time they have been involved in an annexation. Ms. Romans explained the provi s ion is in the State Statute because it is diffi cult for county government to pro· vide service to the areas that are completely su r rounded by a city. She s tated it 1s particularly confusing for the emergency serv ice s , where no on e knows for sure who has jurisdiction. Access to the properties is over pub lic right -of -way with i n the City of Englewood. She noted that none of the land Is held in i dentical ownership . Evide nce was entered into the record of the Proof of Publicat i on of the Not ice of Public Hearing i n the Englewood Sentinel, t he lega l newsp aper of the City of Englewood, on March 21 , 1991 , Ma rc h 28, 1991 , Ap r il 4 , 1991 and Apri l 11. 1991. Hs. Romans detai led the previous ~ttempts to annex the parcels. Ms . Romans s tated she is aware that Mr. Noyes, who owns th e property at 4590 Sou t h Win ermere Street , 1s extremely un happy with staff as he believes they have not responded to his concerns . She apologized to Hr. Noye s and s ta ted she wou ld personall y foll ow-up ·n the morning . The Ar apa hoe Count y Co mmi ssioners ha ve been notif ied of the in ent to annex . She had been en coura ged by he Cou nt y Plann i ng Depa r t ment that thh is t he pro per proc edur e t o f ollow in as muc h as it is diffic ult f or the Count y to pro ide serv i ce to these enclaves. The Pn clave s ar e ·n various s pecia l dis - ric t s. The City will Init iate th e withdnw al fro m the approp r i at e dis t ri ct s. Englewood C1ty Counc11, Nay 6, 1991 Page 16 Sh~ contended the City can provide services to the propert i es that are pro - iJOSed to be annexed . Ms . Ro:iians addressed the i ssue of utilities for the properties on Bel l eview. Arapahoe Rental is concerned because the City does not have water and sewer available at this time to provide service to those properties . They are receiving water from Denver r19 t,t 1•' w, and have septic tanks , and it was Ms . Romans ' understanding this arrangefi~,nt ~ou1d continue. Ms. Romans stated an annexation brochure was prepar ed and distr i buted to all the people in the annexation area . Hs. Romans informed Council that one of the requirements of t~e State Statute is that following an annexation the City must bring the r .1exed territ,:ry under the cover of the Coinprehenstve Zoning Ordinance and · i-r, Comprehensive Zoning Hap within 90 days from the effective date of the ann •~,lion . The businesses have expressed concerns with the matter of the z Ip code, as they have a year 's supply of statements, calendars, etc., which have been printed. They currently have a Littleton mailing address. Ms. Romans was told by the postmaster that zip codes do not change with annexations . She suspected 1f the City desired to pursue the issue they would have to talk to one of our congressional representatives. She wanted to assure the business owners, that upon annexation, they would not inwnediately have an Englewood zip code . She noted that when an address has changed in the past, the City has always given people at least a year's notice, recognizing the expense . Counc 11 Member Hathaway pointed out the peop 1 e to be annexed by Counc i 1 Bil 1 No. 19 currently use an Englewood malling address. Council Hamber Habenicht asked if Hs. Romans anticipated any difficulty in withdrawing the properties from the special di stricts. Hs. Romans did not, but she yielded the question to Hr. DeWitt. City Attorney DeWitt stated they have had no problem in the past. However, the people have an obl i gation to be part of any bond indebtedness liability. When the bond ts paid off , they are relieved from the bond indebtedness; which does not include the standard mill levy. Hs . Romans stated on the other hand, they do not assume the City of Engle- wood 's bon d i ndebtedness when they annex , becau se they d i d not ha ve an op por - tunity t o vole on it. I City Attorney Dewitt exp la i ed the di fference between the zon i ng and ann ex- ation issues . He stated the annexations are being co ns i de red du ri ng this I publ i c hear 'ng . The r e wi l l be a publ i c hearing held ~v both the Pla nni ng Com- is si on and the Ci t y Counc 'l on the zoning aspe c ts. He ask ed, an yone wi sh ing to addr es s Coun c i l ton igh t , t o keep i n mind th ey are onl y · de al i ng with the annexa t i on issue at t his t i e. He encourag ed , anyo ne i nt e r es ted in aodress tn g t he zonin g i s s ue, to ap pe ar be f ore th e Pl ann ing Commis sion and /or Cou nci l at the t i me tho se pub lic he ari ngs are hel d . Mayo r Va n Dyk e aske d if anyone wi shed to addr e ss Co uncil r eg ardi ng Co uncil Bi l l No . 18 ur Council Bill No. 19 . I I Eng1twood City Counc11, May 6, 1991 Po11ge l "! Don Noyes, one of the owners of the property at 4590 South Windermere, stated this 1s the second time Englewood has tried to annex this property. The firs t time he had to quit c 1aim deed the front of h1s property to the City of Engle - wood in order to get a building permit . He s tated the City of Englewood does not know they own 1t; it is not in the legal record of the annexat io n. Mr . Noyes adv ised Counci l they are annexing their own property . He also had to give the City a qu i t claim deed, as well as pay a 3% use tax on the cost of the build i ng. When th e Santa Fe /Union annexation was t hr own out of court, he came back to the city and asked for his pro perty back and the use tax he had paid. The City told him they would not give the prope r ty back to him or refund the tax he had paid. Now, he 1s in the same boat again, and he wanted to know what City Council wants this time , more money , property, etc. He not- ed he has asked the City to respond to his concerns with no response. Mr . Noyes st .,ted emphatically he i s in opposition to this annexation. Mayor Van Dyke stated unfortunately th is situation occurred in 1974 which pre - ceeds this Council. She stated she can understand his frustration. C1ty Manager Fraser, stated he had not heard these concerns before, and the th i ngs Mr . Noyes cited are not the practices of the City today. He offered to personally meet with Hr. Noyes to review his concerns and talk about spe cif ic s. Olscuss i on ensued . Council Mem ber Clayton pointed out to Hr. Noyes that many of the Council Mem - bers were elected to City Council because of their concerns with the way the City has treated various individuals. He stated it is not his intention to depr i ve him of his property without some compelling reason. Mr. Clayton con- tended ft did not appear to him that this annexation would require Hr. Noyes to give up any property or right -of-way, or pay the City any money to do that . He was conffde"t Hr. Fraser would meet with him and arr i ve at an equitable solution. Council Member Wiggins questioned the lack of response from staff. Discussion ensued. Council Member Wiggins personally apologized to Mr. Noyes for the breakdown in communication. City Attorney DeWitt reaffirmed this is an unconditional annexation. City Manager Fra ser noted tha t during the 1 as t five or six months st aff has been in touch with a nu mber of business owners and managers. They found some things to work on that are rather healing in na t ure. In most instances they have been able to convince peop le that t imes have changed and we are in the busin ess of dealing with people in a rea s onable and fair manner. He noted he looks forwa rd to an opportunity to reestablish a relat io nship with Hr . Noyes. MEMBER HATHAWAY MOVED, Aye s: Na ys : Motion carr ied. AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. Members Koltay , Hathaway , Wi ggins , Bul l ock, Clayton. Habenicht, Van Oy ke None Englewood Ctty Council, "•Y 6, 1991 Page 18 The Dep uty City Clerk wa s asked to read Ordinance No . 27, entitled: ORDINAN CE NO . 27, SERIES OF 1991 (COUNCIL BILL NO. IB, INTRODUCED BY COUNCIL MEMBER WIGGINS) AN ORDINANCE ANNEXING A 5 .1 425 + ACRE PARCEL OF REAL PROPERTY TO THE CITY OF ENGLEWOOD, COLORADO. COUNCIL "["BER HATHAWAY NOVED, ANO IT WAS SECONDED, TO APPROVE ORDINANCE NO. 27, SERIES OF 1991. Ayes: Nays: Motion carried . Members Hathaway, Habenicht, Van Dyke Member Koltay Wiggins, Bullock, The Oeputy City Clerk was asked to read Ordinance No . 28 , entitled: ORDINANCE NO. 28, SERIES OF 1991 (COUNCIL Bill NO. 19, INTRODUCED BY WIGGI N~) Clayton , AN ORDINANCE ANNEXING 5 PARCELS OF REA L PROPERTY TO THE C !TY Of ENGLEWOOD, COLORADO. COUNCIL "ERBER CLAYTON MOVED, AHO IT WAS SECOftOED. TO APPR.OVE ORDINANCE NO. 28, SERIES Of 1991. Ayes: Nays: Motion carried. Members Hathaway, Habenicht, Van Dyke Hember Koltay Wiggins, Bullock, Clayton, Council Me mber Koltay stated the annexat ion issue could have been addressed and then postponed until all the concer ns exp r essed in the hearing were addressed . COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO ADD A RESOLUTION TO THE AGENDA TO APPROVE THE ANNEXATION AGREEHENT WITH GUETZ ENTERPRISE AND THE CITY OF ENGLEWOOD . Aye s: Nay s: Motion carried . Members Ila th away , Habenicht, Van Dyk e Me mber Koltay l.'i gglns, The· ~solution wa s assigned a number and rea d by t i tl e : RESOLU TIO NO. 35, SERIES OF 1991 Bu l lock, Cla yt on. A R[SOl ~T lON APPROVING THE ANNEXATION AGR EE IE IT W!lH GUETZ EI TE RPRISES (110 E LU MBER) AD lHE CIT Y Of EN GLEW OOD. I I I I Englewood C1ty Counc11, Nay 8, 1991 Page 19 Council Member Clayton was concerned that Home Lumber would be within their ~i ghts If they would choose to expand. City Attorney DeWitt stated they could not legally address thijt concern in the resolution; however, there would be an opportunity to do so in the rezoning of the annexed parcel. Mr. Guetz s tated he understood it had been in c l uded. City Att orney DeWitt stated it did not addre ss property he does not currentl y o-..in. Discussion ensued. City Attorney DeWitt clarified the legal ramifications of this request . Council Member Clayton asked If a statement could be i ncluded in the agreement that the City of Englewood would consider favorably a rezoning of adjacent property, if Guetz Enterprises were to purchase and request said rezoning. City Manager Fraser noted that Hr . Guetz has, with in the property he currently owns, the ability to expand his business. He 1s not restricted, as a typical non-conforming use, to the existing buildings and layouts. He agreed with the City Attorney that Council 1s precluded fro111 dealing with zoning speculation on other land. City Attorney DeWitt advised that the request is technically improper under t he City's zoning laws for a number of reasons; and the ability to bind future councils is limited . Discussion ensued. COUNCIL NE1'18ER CLAYTON IIIYED, AND IT VAS SECONDED, TO TABLE RESOLUTION NO. 35, Ayes : Members Koltay, Hathaway , Wiggins. Bullock, Clayton, Habenicht , Van Dyke Nay s : None Motion carried. 11. Ordinances, Resolutions and Ko t i ons (a ) Jerr ell Black , Director of Rec reat i on, pres ented a r ec ommendat i on t o award a bi d for the purchase of ten motorized golf ca r ts . Mr . Bl ack recom - mended the contract be awarded to Bo yd Di st r ibuting Co mpany , Inc ., I n th e amount of S20 ,900 . COUNCIL "E"BER HATHAWAY "OVED, ANO IT WAS SECONDED, TO AWARD THE GOLF CART BID TO BOYD DISTRIBUT ING CO"PANY, INC . Aye s: Members Kolta y, Hathaway , Wi gg ins. Bu ll oc k, Clayto n, Habenicht , Va n Dyk e Nay s : None Ho io n c arr i ed . En9lewood City Council, May 5, 1991 ,.,. 20 Coun c 11 Member Ko ltay ques ti oned th e fact that only t wo golf cart compani es su bm it t ed bi ds . He d i r ected Mr . Bla c k to inves t i gate . (b) Jerrel 1 Black, Di re ctor of Recreat i on , presented a jo i nt recormn en -I datlon from the Rec re ati on Department and the Park s and Rec reat i on Commi s s io n to adopt a re sol ut i on that wou l d al l ow EnglewoJ d busi ne sses th e use of recre - ati on fa c iliti e s an d progra ms at th e re si dent fe e s truc t ure . Th e r e solut i on wa s a ssi gn ed a number and read by ti tle: RESOLUTION NO. 36 , SER IES OF 1991 A RESOLUTION ESTABLI SHING RATES FOR PARKS AND RECREAT ION SERVICES FOR REAL PROPERTY OWNERS , PE RSONS ANO CORPORATIONS THAT OWN ANO/OR OPE RATE BUSIN ESSES WITHIN THE CITY or ENGLEWOOO BUT 00 NO T RESIDE WITHIN TH E CORPORAT E BOUND ARIES OF THE C !TY . Council Member Habenicht agreed with the Intent of the motion, but offered an amendment TO CHANGE THE WORDING OF SECTION 1. TO READ AS FOLLOWS: "FOR PUR- POSES OF ENGLEIIOOO PARKS AND RECREATION PROGRAMS AND FACILITIES THE FOLLOWING PERSONS AND ENTITIES SHALL IE CHARGED AT TH[ SAME RATE AS RESIDENTS. • •• •: FURTHER, THAT SECTION 2. IE MENO[D TO READ: "FOR PUttPOSES OF QUALIFYING FOR RESIDENT RATES, TIit PEISON, PARTNERSHIP AND CORPORATION MUST IE LICENSED AC- COltDJll6 TO EIIGLEVOOD ORDINANCE AND HAVE A PHYSICAL PLACE OF BUSINESS WITHIN THE CITY BOUNDARIES. • Council Member Clayton accepted the change as a friendly amendment . COUNCIL NEIIBER CLAYTON NOVEO, AND IT WAS SECOlllED, TO AMEND THE WORDING OF SECTION 2. TO READ AS FOLLOWS: "FOR PURPOSES OF QUALIFYING FOlt RESIDENT RATES, THE PERSON, PARTNERSHIP AND CORPORATION NUST BE LICENSED IF REQUIRED BY ENGLE - WOOD ORDINANCE ANO HAVE A PHYSICAL PLACE OF BUSINESS WITHIN THE CITY BOIJN'J- ARI ES . • Aye s: Nay s: Mot i on c ar r ied . Mem bers Koltay , Hat haway , Wigg ins , Bu ll ock , Clayton , Habenicht, Va n Dyke None COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 36, SERIES OF 1991, AS AIIENOEO. Ayes : Mem be rs Ko1ta y , Ha t hawa y, Wig g ins , Bul l dc k, Clayton, Hab en i cht, Van Dy ke Nays: None Motion carried . (c) Br i an Bro wn, Recycli ng Coor din at or , presented a recomm en da tion f r om the Dep artmen t of Co unity Dev elopm ent t o adopt a b i ll for an ord inan ce pro• hibi t tn g sc avengi g of recycl able mater i al s in t he Ci t y of Engle wood. lhe Depuy Ci y Cler was as ked to read Council Bill No. 27 . enti t led: COU NCI L BILL HO. 27 , I NT RODUCED BY COUNCIL MEMB ER BULLOCK I I I Englewood City council, Nay e, 1991 Page 21 A BILL FO R AN OROINANCE ESTABLISHING THE ANTIS CAVENGING OF RECYCLABLE MA TER IA L FOR THE CITV OF ENGLEWOOD, COL ORADO IS HEREBY ADDED TO TITLE 6, CHAPTER 6, SECTION I AND 2 OF THE ENGLEWOOD MUNICIPAL COD[ 1985 . COUNCIL NENBER BULLOCK NOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL BILL NO . 27, SERIES OF 1991. Ayes: Nays : Motion carried . Members Koltay, Hathaway, Wigg i ns, Bullock, Clayton , Habenicht , Van Dyke None (di Stewart Fonda, Director of Bi-City Wastewater Treatment Plant, presented a proposal to approve an increase in the des i gn contract with Brown and Ca ldwell for the Phase IA expansion at the Bl -Ci ty Wastewater Tr eatment Pla nt in the amo unt of S81 ,644 .00 . He requested Council appropr i ate f un d~ for this additional cost. IIEIIBER CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE BY MOTio,1 THE INCREASE IN THE OESIGN CONTRACT WITH BROWN All> CALDWELL FOR THE PHASE IA EXPANSION AT THE Bl-CITY WASTEWATER TREATIIENT PLANT IN THE AMOUNT OF $81,644.00. Ayes: Members Koltay, Hathaway, Wiggins, Bulloc ,(, Clayton, Habenicht, Van Dyke Nays : None Motion carried . (e) Stewart Fonda , Director of Bi -City Wastewater Treatment Plant, presented a proposal to apr~ove the purchase of two grinder pumps fro m Vaugh n Company, Inc. for use in anaerobic digesters at the Bi -City Wastewater Treat - ment Plant. NENBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE THE PURCHASE OF TWO GRINDER PUMPS FRON VAU&Hff CONPANY, INC, IN THE AffOIJNT OF $31,429. A.ves: Members Ko l tay, Hathaway, Wiggins, Bullock, Clayton, Haben i cht, Van Dyke Nays: None Mot i on carried . (f ) Stewart Fonda , Director of Util Hi es, presented a recommendation from the Water and Sewer Board , to approve the annexation of property to t he Southgate Sanitat i on Dist ric t. The De puty City Cler k wa s asked lo read Coun - cil Bill No . 29. entitled: CO UNCI L Bill NO . 29. INT RODUCED BY COUNCI L MEMBER CLAYTON A BIL L FOR AN ORDIN ANC E APPROV IN G SUPPLEMENTAL NO. 118 FOR LOT 2. OF THE TON MOORE SU BDIVIS ION, ARAPAHOE CO UNTV , COLOR ADO TO SOUTH GA TE SAl!TATIOtl DIS TRI CT'S CONNECTOR 'S AGREEMENT WITH THE CITY OF ENGLEWOOD TO IN CL UDE AD DITIONAL LAND WI THIN THEI R DISTRIC T BOUNDAR IES. MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL BI LL NO, 2 9 , SERIES OF 1991. Eng1ewood City Lc ~nc11, Nay 6, 1991 Page 22 Ayes: Nays: Hot Ion carried . Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habeni ch t, Yan Oyke None (9) Division Chief Robert Moore, Safety Service s , presented a recommen • dation from the Safe ty Services Department to approve a resolution establish • i ng a policy supporting drug free school zones within the Ci ty of Eng1ewood . The resoluti on was assigned a number and read by Litle: RESOLUTION NO. 37, SERIES OF 1991 A RESOLUTION ESTABLISH ING A POLICY OF ORUG FREE ZONES IN THE CI TY OF ENGLE - WOOO, COLORAOC. NEMBER WIGGINS MOVED, ANO IT WAS SECONDED, TO APPROVE RESOLUTION NO. 37, SERIES OF 1991. Ayes: Members Koltay . Hathaway, Wiggins , Bullock , Clayton , Habeni cht, Yan uyke Nays : None Hoti on carried. (h) Charles Esterly, Oirector of Public Works, present ed a recommenda- t i on from the Department of Public Works to approve a resolution allowing the award of a negotiated contract to Bituminous Asphalt Sealing Specialist Inc. of Arkansas for the 1991 Hicrosurfaclng Program. City Manager Fraser stated they have previously utilized the competitive bid process, however they have not had a successful application from any one other than this firm . They continue to be lieve this is the sole so ur ce available for this particular type of application, which has worked extraordinarily well for the ~ity. he resolution was assigned a number and rea d by title: RESOLUTI ON NO . 38 , SERIES OF 1991 A RESOLUTION ALLOWING FOR A NEGOTIATED CONTRACT FOR THE MICROSURFACING PROGRAM 1991 INS TEAO OF THE COMPETITIVE BID PROCESS UNOER SECTION 116 (B) OF THE HOHE RUL E CHARTER AND THE [NGLEWOOO HUNICIPAL COD E 1985, SECTION 4-1-3, AND AWARD- I G A NEGOTIATED CONTRACT FOR THIS PROGRAM FOR MAINTEUANCE OF THE ENGLEW OOD SH.EE T SYSTEM. MEM BER HATHAWAY HOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO . 38, SERIES OF 1991 . Coun cil Me mber Ko ltay commente d that s i nee 1987 we hav e same t ype of sys t em. He suggested one other wa y to ap proac h th e con e fu ure, is to put it out for com pel i l ive bi d fo r a four or n ,·ac . t h I I I I En91ewood City Council, "'Y 6, 1991 Page 23 Council Member Habenicht questioned whethe r the unit price is the same as the square yard price. Mr . Esterly stated it is not, and exp l ained they have switched to a ton -ba sis. Ayes : Nay s: Motion carried . Members Koltay, Hathaway, Wiggins , Bullock , Clayton. Habenicht, Van Dyke No ne (i) Charles Esterly, Director of Public Wo rks, presented a reconvnenda - t i on to enter into con tract with West Hazmat to s tabil ize and remove lead con - taminated soil in the 1600 block of West Wesley Avenue in an amount not to exceed ~30,300 . "E"BER HATHAWAY NOVEO, AHO IT WAS SECONDED, TO APPROVE A CONTRACT WITH WEST HAZNAT CORPORATION IN THE AMOUNT OF $30,300 TO FINISH THE CLEAN-UP AND DECON- TAMINATION OF THE AREA ALONG WEST WESLEY. Ayes: Members Kol tay, Ha"thaway, Wt ggi ns, Bullock , Clayton, Haben ic ht, Yan Dyk ,! Nays: None Motion carried. Counc i 1 Member Clayton questioned if we have any recourse; and whether the previous owner of the land un avoid negligent liability of this type by bankruptcy. City Attorney DeWitt stated yes, at the present time; but he his pursu i ng this through other aven ues. He has been work i ng with the Attorney General's office over the last year. Once the totdl damage is assessed, he will deter~i ne if there is some type of criminal l i ab ility . Council Hember Clayton req ue sted he keep Coun cl l appr i sed of the sit uation . (j) Agenda Item ll(j) was assigned a number and read by title : RESOLUTION NO. 39, SERIES OF 1991 A RESOLUTION FOR REAPPOINTMEN T OF MARVIN W. FOOTE AS AN ASSO CIATE MUNI CIPAL JUDGE . COUNCIL "EMBER BULLOCK HOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO . 39. Ayes: Nay s : Motion carried. Members Koltay , Hathawa y, Wi ggins . Bull ock, Clayto n, Habenicht , Van Dyke None (k) City Attorney DeW i tt pre s ented a reco mmendation t o approve a resolution establishing the hol i day s the City of Engl wood s hall ob serve. The reso l ution was assigned a nu mber and r ead by t i le: RESOLUTION NO. 40 , SERI ES OF 1991 Englewood City Council, Nay 6, 1991 Page 24 A RESOUITION ESTABLISHING THE HOLIDAYS THE CITY OF ENGLEWOOD SHALL OBSERVE. COUNCIL NE"BER HATHAWAY "OVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 40, SERIES OF 1991. Ayes: Hays: Moli on carried . 12. General Discussion Members Koltay, Hathaway , Wigg ins, Bul lock, Clayton, Habenicht, Van Dyke None (a ) Mayor 's Choice Mayor Van Dyke stated that Dorotr.y Romans had been named Englewood's Outstand· Ing Citizen of 1991, and had been recognized formally at the Town Meeti ng held Hay 2, 1991 at Charles Hay Elementary . The resolution was assigned a number and read by title: RESOLUTION NO. j4 , SERIES OF 1991 A RESOLUTION NAM! tG DO ROTHY ANDREWS ROMANS ENGLEWOOD'S OIJiSTA NDING CITIZEN Of 1991 . NAVOR VAN DYICE NCVED, AND IT WAS SECONOED UNAN I"OUSLY, TO APPROVE RESOLUTION NO. 34. Ayes : Nays: Motion carried. Memben Koltay, Hathaway, Wiggin s, Bullock, Clayton, Habenicht, Van Dy~e None {b) Counci l Member 's Choice ( i) A resolution concerning a gent r al 11 .enue pol icy wa s considered . Counc i l Member Clayton added a section to the reso l ution adopting a general reven ue policy for th2 City of Eng l ewood, setting levels of service an d defin- ing the priorities. The re so l ution was ass i gned a nu mbe r and re ad by tit le : RESOLUTION NO . 41 , SERIES OF 1~91 A RESO I. Tl ON ADOPTING A GENERAL REVENUE POLI CY FOR TH E CIT Y OF ENGLEW OOD. COUNCIL NEHBER CLAYTON HOYED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 41, SERIES OF 1991. COUNCIL HEKBER HABENICHT HO~ED, AND IT WAS SECONDED, TO TABLE RESOLUTION NO. 41, SERIES OF 19Sl, DUE TO T~E LATENESS OF THE HOUR AND THE COMPLEXITY OF THE POLICY. Aye5: fla ys: Moti on defe at ed. Me b~rs Wi ggins, Ha benicht ~ bers Ko ltay . Hatha wa y. Bullock. Clayton, V n Dyke I I I I Engl~ C1ty Counc11, Nay 6, 1991 Pl\ge 25 COIJNCIL NENBER WIGGINS ltOYED, ANO IT WAS SECONDED, TO AMEND LEVELS OF SERVICE, TO NOY£ LIBRA.RY FRON PRIORITY 2 TO PRIORITY 4. Council Member Clayton ac · cepted the motion as a friendly amendment. Council Member Habenicht felt the c1tizens of Englewood are used to having their services beyond minimum, as stated under Section I, General Revenue Policies, line one . She was concerned about the limitation of only providing those services of public safety , adequate physical infrastructure, and library service s . COUNCIL NENBER HABENICHT ltOVEO, ANO IT WAS SECONDED, TO STRIKE FRON SECTION l, FIRST PARAGRAPH, THE WORDS "AT A NININUM." Coun c i 1 Member Clayton noted they were charged with deve 1 oping pri or1t ies, which they have done. Priorities means if Cinderella City were to fail , if we were to have a depression, what types ~f thin~s would we absolutely never want to cut. He felt it is important to determine priorities. Ayes: Nays: Notion defeated. Members Wiggins, Habenicht, Van Dyke Nembers Koltay, Hathaway , Bullock, Clayt on COUNCIL NENBE!l HABENICHT 110YEO, All) IT WAS SECONDED, TO INClllJE All CITY SER- VICES LISTED IMOER THE LEVELS OF SERVICE ON PAGE 2. Council Member Hatha\llay ag reed with Council Member Clayton, that priori ties are going t o change from year to year and she does not want to predispose any othe r city council, as a part of this revenue policy, to any 11st of what's really essen t ial . She noted she will be voting against this ainendment. Council Member Koltay commented on the general word i ng of the first paragraph under Section J. He stated It was written with the idea that if a City were destroyed , what type of services would a city r equire at a minimu~. knowing there would be no tax base for a few days and perhaps they would be operat1ng out of a trailer. He felt the verbiage is very clear. Council Member Hab enic ht reiterated her po si tion. Vote results : Ayes : Nays: Moti on defeated . MAYOR VAN DYKE MOVEn, Ayes : Nays: Ho ll on carried . Members Habenicht, Van Dyke Members Ko l tay, Hat haway, Wigg ins. Bullock, Clayton AND IT WAS SECONDED, TO RECESS. Members Hathawa y, Bul lock , Cl ayto n. ~abenicht , Van Dyke Members Koltay, Wiggin s It wa s de termined the rec ess wa s unn eces ary . Englewood C1ty Counc11, Nay 6, 1991 Page 26 Roll wa~ called: Present : Members Koltay , Hathaway, Wi ggins, Bullock, Clayton, Habenicht, Van Dyke Absent : None A quorum was present . Discussion resumed on Agenda Item 12 (bi(i) COUNCIL NENBER HABENICHT MOVED, AND IT WAS SECONDED, TO AMEND PARAGRAPH THREE av ADDING AFTER PURCHASIN6 SERVICES THE WORDS "OF THE SANE OR HIGHER QUALITY.· Council Mem ber Clay to n asked that Counc i l keep i n mind that privitizing may offer an oppo r tunity to change service or reduce a service that i ~ r,o t necessary. Ayes : Members Habenicht Nays : Members Koltay, Hath awa y , Wiggins, Bullock, Clayton, Van Dyke Motion defeated . COUNCIL NENBER HABENICHT NOV£D, AND IT W SECONOED, TO AMEND PARAGRAPH FOUR TO READ: "THE CITY MANAGER IIILL, IN EACH OEPARTIIENT AND DIVISION, CONSTANTLY SEEK AND EVALUATE ALTERNATIVE NEANS OF PRO VIDING CITY SERVICES FOR THE EXPRESS PURPOSE OF MJNJNIZING THE COST OF PROVIDING SERVICES TO OUR CITIZENS WITHOUT REDUCING THE QUALITY.• Ayes : l'lembers Wiggins , Habenlch ~ Nays : Memb ers Koltay, Hath aw a y, t,ullock, Clayton, Vdn Dyke Motion defeated. COUNCIL NENBER HABENICHT "OVED, TG REPLACE ON PA6E TWO, FIRST PARAGRAPH, IN T\10 PLACES, SCHOOL IOAlill liHH SC~L DISTRICT. Council Member Clayton ac - cepted it as a friendly amendm en t. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED TO ELIMINATE THE LAST LINE OF PARAGRAPH TWO ON PAGE TIIO -"PERSONS WHO CHOOSE NOT TO USE THE SERVICE ARE NOT USERS, AND WILL NOT BE ASSESSED THE FEE ." Council Member Hab enicht s tated the cost should not ex c eed th e program, so that cost recovery would be total. Council Member Koltay felt t he wording o ffers a choice; i f s ome or..! .:hooses not to partic i pate they should not be a ssess ed a fee . Co un c il Member Habenicht st at ed l hat is not the conc ern s he is addre s sing . Ayes: Wiggin s , Habenicht , Van Dyke Nay s: oltay, Hathawa y, Bulloc k, Clay on Motion defeated. HAYOR VAN DYKE HOVED, AND IT WAS SECONDED TO REVERSE PRIORITY 3 AND 4, HAKING QUALITY OF LIFE, PARKS, RECREATI ON, CULTURE AND LIBRARY, PRIORITY 3 AND HUNICIPAL COURT, PRIORITY 4, Council Member s Ko llay dis ag reed wi t h cha nging the pr ior iti es . I I I I Englewood City C~uncll, Nay 6, 1991 ,.,. 27 Ayes: Nays: Members Habenicht, Van Dyke Members Koltay, Hathaway, Wiggins, Bul lock, Clay ton Motion defeated. Council Member Habenicht, expressed deep concern that a report she had pre - pared regarding prior ities, was not included. The statement she made was that when the committee endeavored to prior iti ze services provided by the City of Englewood, that the conrnittee recognized there were func tions within each ser- vice area that could be prioritized. She discussed her conc erns with t he pr i or ity list. COutlCIL MENSER HABENICHT MOVED, AND IT WAS SECONDED, TO ELIMINATE THE PRIORITY RANKING IDENTIFICATIONS AND PUT THEM ALL ON AN EQUAL LEVEL. Ayes: Members Habenicht, Van Dyke Nays: He.mbers Koltay, Hathaway, Wigg ins, Bullock, Clayton Motion defeated. t.~JL MDlliR WIGGINS MOVED, ANO IT WAS SECONDED, TO CHANGE PARAGRAPH THREE UN PAGE 2 T~ READ1 "NOR RETAIN A GENERAL Flll> BALANCE IN EXCESS OF ONE THIRD OF THE CURRENT GENERAL FUND EXPENDITl.aE IUD6ET." Council Member Bullock felt th i s was a prudent amendment. Council Member Wigg i ns stated he was 110re comfortable with one third. Council Member Clayton stated he has an on-going distrust of govern ment generally, that if they are given money they wi 11 f in d a way to use it· he also felt we would be in violation of the Charte r , Article X, Part I. 83 (f) and 88. Ayes: Nays : Motion c arried. Members Wigg ins, Habenicht , Bullock , Van Dyke Members Koltay, Hathaway, Clayton Cou1cil Member Clayton called for the quest ion . Vote resu lts on the moti on to approve Resolution No. 41 , Series of 1991 , as amended : Aye s: Na ys: Motion carried. Members Knltay , Hathaway, Wigg i ns, Bullock, Clayto , Van Dyke Member Habenicht Counc i 1 Member Habenich t stated that al though she sup por ts the need f or a rev enue pol icy, she believe s the c it izens expect a quality of life and service that they have come to know. [f we want lo attract and keep business people in our communit y, we must continue to provide better than minimwn servi ces. As she Felt t is revenue po 1 icy does not add ress thi s i ssl•e. she co 1 d not sup port i t. Council Mem be r Wiggins requested Council rece iv e informat i on in a more ti mel y manner. no duri ng a Council Meeting. Eng1ewood City Counc11, Nay 6, 1991 Page 28 Council Member Koltay thanked members of Council for su~po:·ting the policy. 1 ii) A Resolut ion authorizing aid to Limon , was assigned a number and read by title: RESOLUTION NO . 42, SERIES Of 1991 RE SOLUTIO N AUTHORIZING THE PAYMENT OF ONE THOUSAND TWO HUNDRED DOLLARS (Sl,200) TO THE CITY OF LIHON , COLORADO. MENIER BULLOCK MOVED, ANO IT WAS SECONDED, TO APPROVE RESOLUTION NO. 42, SERIES OF 1991. Council Member Hathaway suggested they issue a challenge to other cit i es, as they did 1ast year, to see 1f 1t will generate more funds . Council Member Bullock ac ce pted i t as a friendly amendment. Co•mcil Hemb Ar Clayton felt a plaque should be sent along with the funds to the effect that the citizens of Englewood are pleased to be able to provide ass istance to citizens of Limon In their ti~e of need . Council Member Habenicht stated she supports giving aid to our neighbors . However, she quest i ons the wisdom of supporting the revenue policy wh ich calls for auster i ty and still move to support someone else . Vote results : Ayes: Nays: Hotio;, carried . Members Koltay , Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None (i ii) Cou nc il Me mber Bullock stated agenda item 12 b (ii i), a resolut i on re ga rd i ng the sale of the Federal Fire Statton, is being handled in an exped i - tious manner, therefore th is resolution is no longer prudent . He withdrew the res olution . COUNCIL MENBER KOLTAY NOVEO, ANO IT WAS SECONDED, TO TABLE AGENDA !TEN 12 b (111). Ayes: Nays : oll on carri ed. Members Ko ltay, Hathaway, Wiggirs, Bullock, Cl ayt on, Habenicht , Va n Dyke None (i'I) The Deputy Cily Cl er k was ask l'.'d t o rea d Council Bi ll No. 28 , en tit leo: COUNCIL BILL NO. 28. IN lROD UCEO B COUIKIL ME11 BER BU LL OCK A BILL FOR AN ORDINANCE SUBMITTI NG TO A VO TE OF TflE REGISTERED ELECTORS OF THE CITY Of ENGLEWOO D AT THE NEX T SCHEDULED REGULAR MUN ICIPAL ELECTION A PROPOSED I I I I Englawood City Council, Nay&, 1991 Page 29 AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, COLORADO BY LIMITING TERMS OF OFFICE FOR ENGLEWOOD COUN CIL MEMBERS. NENBER BULLOCK NOVED, ANO IT WAS SECONDED, TO APPROVE COUNCIL Bill NO. 28. Counci1 Member Habenicht expressed concern that Council is unnecessarily ·clut • tering the ballot with charter issues . She is also concerned they may be eliminating an alternative for the electorate, rather than expanding choice s of the voter. Councll Member Hathaway stated she would 1 ike to add a friendly amendment, changing THE FOURTH WHEREAS, TO READ:• IIHEREAS, IN THE RECENT PAST NATIONAL RE-ELECTION." Council Members Bullock accepted the friendly amendme nt. Council Member Wiggins offered another friendly amendment to LIMIT THE TERNS OF BOARD ANO COIWIISSION NENBERS. Council Member Hathaway pointed out that board and comlission members are not elected, they are appointed. Council Member Wiggins withdrew his friendly mendment. Ayes: Nays: Motion carried . Members Kolby, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None (v) The Deputy City Clerk was aske d to read Council B111 No. 31, entitled: COUNCIL BILL NO . 31, INTRODUCED BY COUNCIL MEMBER BULLOCK A BILL FOR AN ORDINANCE AMENDING TITLE I , CHAPTER 5, BY ADDING A NEW SECTION 9, OUT OF STATE TRIPS. COUNCIL MENIER BULLOCK NOVED, ANO IT WAS SECONDED, TO APPROVE AGENDA ITEM 12(b)(v) • COUNCIL BILL NO. 31. Discussion ens ued rega rd ing the implications of this cou nci l bi ll. Vote results: Aye s: Members Hathaway, Wiggi ns, Bul lor~ Nay s: Members Koltay, Clayton , Hab en lch., Van Dyke Moti on defeate d. (vt) COUNCIL HEHBEI: BULLOCK MOVED, AND IT WAS SECONDED, TO TABLE AGENDA ITEH 12 b (Y1) UNTIL THE NEXT REGULARLY SCHEDULED HfETING . Ayes : Members Koltay, Ha thaway . Wiggi s. Bulloc. Clay to n. Habenicht, Van Dyke Nay s: Non e Motion car ied . Englewood City Council, Nay 6, 1991 P191 30 (vi') Council Member Koltay adv i sed of two local companies he had become aware o f that might be able to assist with our concrete problems , Colorado Ready ~i x and Stcwe Western Dis tributing, (viii) Council Hember Hathaway requested that staff look into the reason I Arapahoe County Sheriff 's deput i es have been patrolling in the City of Englewood. (ix) Council Member Habenicht noted that Lisa Cobb had been selected to receive the Metropol itan Mayors and Commissioners Youth Award. (x) Council Member Bul l ock stated he had expected information regarding the issue of the 111ayor being selected by the voters to be on this agenda. City Attorney DeWitt responded it was a very complex issue, wh ic h will require further discussion. 13. City Manager's Report Hr. Fraser did not have any matters to bring before Council. 14. City Attorney's Report Hr. DeWitt discussed Resolution No . 35, which was tabled ea rli er in the meet- ing. He stated that the concerns he had raised earlier in the meetin g had been resolved to his satisfaction; therefore , he advised it would be appropri - ,te to proceed with a vote on this item at this time. COUNCIL HDIIER CLAYTON IIOYED, ANO IT WAS SECONDED, TO TAKE RESOLUTION NO. 35 OFF THE TABLE. Ayes ; Hays; Hollon carried . Members Koltay, Hathaway, Wiggins, Bullock. Clayton, Van Dyke Member Habenicht lhe resolution was read by title: RESD LUlION NO. 35 , SERIES OF 1991 A RESOLUTION APPROVING THE ANNEXATION AGREEMENT WITH GUETZ ENTERPRISES (HOM£ LU MB ER) ANO THE CITY OF ENGLEWOOD . COUNCIL HEHBER CLAYTON HOVED, ANO IT WAS SECONDED, TO APPROVE RESOLUTION NO . 3~, SERIES OF 1991. Co unci l Me mber Ha ~enic hl stat ed she wou ld be voling aga i nst lhi:. re sol utiin, becaus e she doe s not want to be involved i n something tha t may not be l~gal . Ay es: tlay s : Molton c arried. Members HathJ way , Wigg ins , Bu ll ock. Clay to . ·an Oyke •e bers olt ay, Hab en icht I I I Englewood c,ty Counc,1, "•Y 6, 1111 ,.,. 31 Council Member Koltay stated he voted against thi s resolution, as he had on the other annexation Issues, In order to remain consistent . IS. Adjourment COUNCIL "E"BER BULLOCK "OYED TO ADJOURN. The meeting adjourned at 12 :20 a .m. I Deputy