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HomeMy WebLinkAbout1991-05-20 (Regular) Meeting MinutesI I EN6LEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Re ular Session "ay 20, 1991 I. Cal l to Order The regul ar meeting of the Englewoo d City Counc11 wa s called to order by Mayor Va n Dyke at 7:31 p.m. 2 . Invocation The invocation was given by Council Member Bulloc~. 3. Pledge of Allegiance The Pledge of Allegiance was led by Boy Scout Troop No . 92 . 4 . Roll Call Present: Absent: A quorum was present. Also present: 5. Minutes Coun c il Members , Koltay, Wiggi ns, Bullock, Clayton, Habenicht, Yan Dyke Co unc il Member Hathaway Acting City Manager Martin City Attorney DeWitt C Hy C 1 erk Crow Dana Glaz i er, Waste Ma nagement Coordinator Director Esterly, Public Works City Engineer Kahm, Public Works Director long, l ibrary Serv ices Supervisor White , Servicenter Garage Director Fonda, Utilities/Waste wat ~r Treatment Director Hayes , Financial Services (a) COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO TABLE AGEN- DA ITEM 5(a) TO JU NE •3, 1991. Ayes: Counc il Me mbers Ko ltay, Wiggin s , Bu l lo ck. Clayto n, Habenicht, Van Dyke Na ys: None Absent: Counci l Membe r Hat haw ay Motion ca rr ied. En9lewood City Council Nlnutes Nay 20, 1991 -,.,. 2 • • • • • COUNCIL MEMB ER BULLOCK MOVED, AND IT WAS SECOlllED, 10 BRING FORWARD AGENDA ITEM B(b) -A PROCLAMATION HONORING PRIVATE FIRST CLASS LEAMON R. LANE. Ayes: Council Members Koltay, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Hays: None Absent: Council Member Hathaway Hotton carried . The City Clerk read the prcclamation in its entirety . COUNCIL MENBER BULLOCK HOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEH B(b) -A PROCi.AMTION HONORING PRIVATE FIRST CLASS LEAMON R. LANE. Ayes: Council Members Koltay, Wiggins, Bullock , Clayto;,, Habenicht, Van Dyke Nays: None Absen t: Council Member Hathaway Hotion carried. Mayor Van Dyke presented the proclamation to Mr. lane, who was given a stand- ing ovation in apprec i ation of his contribution to Operation Desert Storm. Mr. lane t nt rod ~~ed family members and thanked Council for this recognition . 6 . Pre-scheduled Visitors (a) Mayor Van Dyke, assisted by Dana Glazier, Waste Management Coor- dinator, presented Certificates of App rec i at ion to the fo 11 owing groups fo r their partici pat ion in the April 27th Bag -a -Thon clean up efforts in the City of Englewood : Cub Scout Pack No . 170 Cub Scout Pack No . 347 Girl Scout Brownie Troop No. 46 Earth Savers Anonymous, Flood Middle School . Mr. Glazier al so pre sented Scout badges and /or tree seedling s to representa- tives of t he various groups. The f ol l ow i ng participants wer e not in attendance. Ce r tif ic a t es of Ap precia- tion wtl be ma11 ed to: En gl e ood Business and Profe ssi ona l Wo men 's Ass oc iat ion Sw edish Med ical Center Cent e n 'al Lutheran Pre -School Gir l Scout Tr oops, Kiva Serv i ce Unit Girl Scou t Troop No . 1954 Girl Scou t Br owni e Tro op No . 1991 G'r Scout Bro wni e Tro op No. 1829 7. No n-sche du led Visitors I I I I Englewood City Council N1nutas Nay 20, 1991 -Paga 3 {a) Darrell Chapman, 3620 South Elatl Stree t, thanked Council for the opportunity to present his concerns. He stated he had misunder stood the par • ticulars of the paving district/concrete replacement program . He and h is wife are retired and the assejsrr,ent is beyond their means at thi', t i me . even th ough he agreed there is a need for the repairs. Mr. Chapman complair'ld of the short not ice, payment plan, and the port I on of the pav i ng for wh i ch he Is bei ng tield responsible {for the alley east of thf, 3600 block of South Elati Street). Council Member Bullock agreed with Mr . Chapman as he felt the seven resid ~nts were t; Ing required to pay a disproportionate share. He hoped the Issue c•, 1ld be resolved through a pro rata bas1s . Acting City Manager clarifi ed the only portion of the al l ey being repaired Is a fourteen foot cross-section; not the parking spaces. Discussion ensued regarding the actual cost to Mr. Chapm an , as well ~s payment option s. Council Member Habenicht questioned whether the alley was petitioned Into the district voluntarily . Ae.lng City Manager Hartin explained the alley was not petitioned; the alley hi; been included as a result of di s cussion with area residents and staff 's concern with the ongo i ng high cost of mai~tenance . (b) Robert Mickle , 36B0 South Elati Street, stated he ha~ prepared and circulated the petition which had been subm;tted to Council requesti n) exemp· tion from the paving distr ict. He had al so misunderstood the puq,ose of the paving district , as he felt It related only to sidewalks. Mr. Mickle noted the alley is I n "a little rough shape • as the apartMent owners have reneged on their promi se to prov i de upkeep, and continue to drain the swt11111ing pool ~ater down the alley . He noted •the apartment manager had appeared at the Puhl it Hearing, not a taxpayer . {c) Carrie Samuelson, 3849 South Grant Street, stated her p. )perty I~ part of the concrete district. She agreed th e designated area ~a~ a lot of concrete that needs to be repaired, but di s agreed with the homeowners being assessed for 100% of the cost. Hs . Samuelson stated all ~it izens benefit from the repairs, consequently lt should be considered a C 1 Improvement. She questioned t he City 's estimate of th e cost and the st3tJ . o f the property pre - viou sly exempted from the district . She req,1estetl ~.!!r property also be exempted . Ma yor Van Dylce expla i ned the original cost estimates .. l:re deteri.'in ed earlier in the year when the country was at wa r: the City i s rnnfident U.at when lh e bids come in they will be su bstantia l ly lower. She noted the pe opl~ previ~us - l y exempted from th e concrete district are only e xerrpted on a t'!mporary basis . Ms. Samuelson asked thl~ the same consideration be gi ven to her request for ex emp tion. Ms . Van 0yke en,phasizerl tha the City 1>1ould ,ontin11e o work with her. (d ) Rut h Welle, 3800 South Sherman Street, voiced lhe s ame concerns with the concrete district as previously noted. She was concerned with the Englewood Ctty Counctl "tnutes Nay 20, 1991 -Page 4 lack of communtc;.tion . Hs. Welle stated the road-graders cause a lot of damage to the pavement and curbs, and she objected to the property owners having to pay for the repairs when they do not cause all the damage. Council Member Clayton stated Council has work"d f'l1 lwo years on improving co1TV11unication and asked for any suggestions Hs. Welle might have . lliscussion ensued regardlnQ publications, notifications an~ bids. Mayor Van Dyke agreed the issue of the City sharing the cost is valid; but the precedent Is that 95% of thi> c1ty properly owners have been addressing con - crete repairs for the last 30 to 40 ye ars and have consistently paid their share . She noted Council wi 11 be appointing a concrete tas k force, in the fall, to address the concerns expressed by the citizens . The City will work with the citizens, on an individual basis, to make the process as painless as possible. Ms. l'an Dyke stated that In the "final analys is City Council has to come up with an agreement as to what Is best for the Clty based on a number of factors.• Council Member Habenicht confirmed the public hearing date had been published in the Sentinel. (e) Jeanne HcWi 11 i ams, Heekur, concerning property at 3795 South Grant Street, stated she appreciated the postponeme nt of the repairs to her mother 's property. However, she is still very concerned for her neighbors who were not given the same opportunity. She would lilte to see all the citizens benefit from the concrete task force and questioned future notifitiltion procedures. Discussion ensued . Mayor Van Dyke emphasized that the majority of the citizens want to move forward with the district. Hs . HcWl111ams e J; I at ~ reiterated some people do not feel that way . ( f) Nick Farrow, 2545 South Clarkson Street, requested that Council approve the use of Centennial Laite by Boy Scout Troop 92 for water training during the months of May, June and July, 1991. Mr. Farrow stated that the training would be under the supervision of Council Member Clayton. Mayor Van Dyke advised Mr. Farrow consideration would be given to his request . (g) Sandi Duran, 3636 South Elati Street, addressed the anticipated repairs to the alley east of the 3600 block of South Elati Street . She felt it was only fair that the people who use the alley the most should pay more. As everyone is in economic straits , and she felt it was unfair to impose this expense on the homeowners on such short noti ce. She asked for Cou ncil 's con- sideration in this matter . Discussion en sue d on ways to determine who uses the alley the mos t. (h) Glenn Thach , 4201 South Pearl Street, stated it would be a was t e to invest Council 's time and the citizens money forming a committ ee to study the issue. He felt the City should take full responsibility and qu it "haggl ing over it." Mr . Thach contended it had been a "totall y ill-conce iv ed pr nje ct from the beginning." I I I Englewood City Council Minutes "•Y 20, 1991 -Page 5 Council Member Bullock stated he had observ ed that Mr . Thach had one six foot section of co ncrete designated for re pair and he expressed amazement that Counc i l would be threatened wlth recall over one section of co ncrete . Discus- sion ensued betwee n Mr. Bul l ock and Mr . Thach regarding the best metho d of financing the concrete district . Mr. Thach noted he was appearing on behalf of his neighbors who were not in attendance, and he d isagreed with the district i n princ i pal . (1) Shirley Condreay, 36B6 South Elati St reet, questioned why the alley ha d to be completely torn out and replaced with concrete. She noted most of her neighbors do not use the alley. People drive down the alley at an exces- sive rate of speed , once it is paved she felt it would only encourage them to drive faster. Ms. Condreay expressed the confusion she felt, upon receiving notificat i on, as to the exact repairs she would be responsible for. Hayor Van Dyke discussed pa ving with concrete as opposed to a sphalt . 8. Communications and Procla~ations (a) COUNCIL MEMBER KOLTAY flOVED, ANO IT WAS SECONDED, TO RECEIVE THE PETITJOff SIGNED BY TWELVE JtlllYIDUALS OPPOSING THE l£ltOVAL AHO REPLACEMENT OF THE ALLEY IN THE 3600 BLOCK BETWEEN ELATI AND DELAWARE AS PROPOSED IN PAVING DISTRICT NO. 34 . Ayes: Nays: Absent: Motion c arried. council Members Koltay , Haben icht, Van Dyke None Counci l Member Hat~away Wlgg ins, Bul 1 ock, Clayton, (b) Thls item was acted upon earlier 1n the meeting; see Page No. 2. 9. Approval on Second Reading Counci l Member Habenicht requested that Agenda Item 9(a) be withdrawn from the items to be approved on second reading for additional discussion. COUNCIL MEMBER KOLTAY HOVED, ANO IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (b) THROUGH (d) AS FOLLOWS: (b) ORDINANCE NO . 29 SERIES Of 1991 (COUNCIL BILL NO. 27, INTRODUCED BY COUNCIL MEMBER BULLOCK). ENTI TLED: AN ORDINANCE ESTABUSHING THE ANTISCAVENGING OF RECYCLABLE l'r1 TERIAL FOR THE CITY OF ENGLEWOOD , COLORADO IS HEREBY ADDED TO TITLE 6 , CHAPTER 6, SECTIONS I ANO 2 OF THE ENGLEWOOD MUNICIPAL CODE 1985 . (c) 0 DINA NCE HO . 30 . SERIES OF 199 1 (COUNCIL BI LL NO. 28, INTRODUCED BY COUNCIL MEMBER BULLOrK), ENTITLED : [nglewood City Council "1nutes Na.y 20, 1991 -Page 6 AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS F THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED REGULAR MUNICIPAi. ELECTION A PROPOSED AMEND - MENT TO THE CHARTER OF THE CITY OF ENGLEWOOO. COLORADO, BY LIMITING TERMS OF OFFICE FOR ENGLEWOOD COUNCIL MEMBERS. (d) ORDINANCE NO. 31 , SERIES OF 1991 (COUUCIL Bill NO . 2 9, INTRODUCED BY COUNCIL MEMBER CLAYTON), ENTITLED: AN ORDINANCE APPROVING SUPPLHIENTAL NO. 118 FOR LOT 2. OF THE TOM MOORE SUB- DIVISION, ARAPAHOE COU NTY, COLORADO, TO SOUTHGATE SA NITATION DISTRI CT'S CON - NEClOR' S AGREEME:NT WITH THE C ITV OF ENGLEWOOD TO INCLUDE ADDIT JOHAL LAND WITHIN THEIR DISTRICT BOUNDARIES. Ayes: Nays : Absent : Motion carriP.d. Council Members Koltay , Wiggins, Bul lock, Clayton, Habenicht, Van Dyke None Council Member Hathaway 9. (a) Discussion ensued concerning Agenda Item ll(a), Council Bill No. 26, entitled: COUNCIL BILL NO. 26, INTRODUCED BY COUNCIL MEMBER KOLTAY A BILL FOR AN ORDINANCE CREATING PAYING DISTRICT NO. 34/CONCRETE REPLACEMENT DISTRICT NO . 1991, IN THE CITY OF ENGLEWOOD . COLORADO; ORDERING THE CONSTRUC- TION ANO INSTALLATION OF STREET PAVING , CURB , GUTTER AND SIDEWALK IHPRDVE - MENTS, ANO THE REMOVAL ANO REPLACEMENT OF SUB-STANDARD CURB , GUTTER, AND SIDE- WALK, TOGETHER WITH NECESSARY INCIDENTALS ; AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT. Acting City Manager Mar ti n explained that additional publication and another reading would be required if Council Bill No. 26 is further amended . This would resu lt in substantial delay to the project. COUNCIL "E"IER BULLOCK "OVED, AND IT WAS SECONOEO, TO APPROVE AGENDA ITDI 9(a) -COUNCIL BILL NO. 26. Council Member Habenicht spoke of her special interest in the Paving District/ Con crete District. She shared a history of the situation and asked Counc i l to I consider a solution which would not harm the Pav i ng Distr ict and would "hold I harmless" the people in the Con crete Distri ct who are "unduly oppressed " by financia l problems at th e present time . She stated she does not oppose the Paving Distr ict; she does not oppose the voluntary porti",>ns of the Concrete Di s rict; she does oppose the mandatory inclusion of property in the Concrete Di str i ct. Among other thi11gs she fe els inadequa te notice was g i ven co nce rn - ing the Concret e District, and t hat communications su ffe re d due to ma j or reor - ganizations which took place during the preparatory time. She expressed con- ce rn abo ut the pr ecedence of officially ex cludi ng or postpo ning some manda t ed I I Englewood City Council Minutes May 20, 1991 -Page 7 properties while keeping others in. She commented that to go ahead with the mandatory portion of the concrete d i strict is not in the public Interest. COUNCIL MEMBER HABENICHT MOVED TO AMEND TO REMOVE THE MANDATORY CONCRETE PROP- ERTIES, THE MANDATORY PORTION FROM THE DISTRICT, AND ALLOW All PEOPLE WHO WANT TO BE VOLUMTARILY IN THE DISTRICT TO CONTINUE. Discuss i on ensued conce··nlng the exact portion of the di strict to be removed, resulting in a revi sed motion : COUNCIL tlEtlBER HABENICHT HOVED TO AMEND TO REMOVE FRON THE DISTRICT ALL OF ZONE 2 WITH THE EXCEPTION OF ANY VOLUNTARY CONCRETE WITHIN THE DISTRICT. The motion died for lack of a second . Council Member Habenlc r t a~ked for information concerninq the history of the alley in the 3600 block ~a t ween Elati and Delaware . Acting City Manager Martin explained that according to t ,1 e records available the alley was built by the apartment complex and there was discussion and ver - bal indication from various parties that the agreement was that the apartment complex was to maintain the alley. However, Ms. Martin, added there I s noth· Ing on record that substantiates that. Approximately two years ago the City concluded that as the alley was in terrible condition and the apartment com- plex was not maintaining it, that the City would do so in a minor way . Discussion ensued about the City's maintenance of other alleys within its boundaries, and it was explained that adjacent property owners lliY for con · struction of an alley; once constructed, the City assumes responsib il'ty. Council Member Bullock asked if there was any possible fi nancial rel i ef avail- able to citizens which the City could offer . Acting City Manager Martin clarified the financial options: I) ten-year payment option after assessments are set 2) cash payment up front with a 5\ discount 3) special assessment deferral plan for certain income l evels/age restrictions which results in a 1 i en on the prope r ty unti l the property changes ownership. Council Member Clayton suggested that other opt i ons may be developed for low interest loans for citi zens on a fixed income between now and January I , 1993 when the firs t payment on the ten-year payment plan is due . Co uncil Member Bullock asked Mr. Mickle (3680 South Elati Street) if a Sl3 a month payment (assuming a SISCO assessment) woul d pre sent a financial burden . Hr. Hickle returned to the podium and stated h is point, and his nei ghbor s, i s , "Why are we be i ng fo r ced t o do it hi s way?" He s uggested removing t he as - phalt, r eplac ing it wi t h gr avel. If t he apa rtment compl ex or someo ne e l se wants concre te then th ey should p.J for i t. Englewood C1ty Council Minutes May 20, 1991 • Page 8 Coun cll Membe r Habenicht offered t hat perhaps the City should rev isit th is issu~ to determ in e where the r es ponsibility li es. Council Member Koltay suggested speci fic que stions co uld be posed to the Ci ty 's eng i neer s. Director Esterly and Pro j ect Engi neer Kahw. cam e forward . Counci l Member Ko l tay as ked about the configuration of the prop e rty owner s on both side s of the alley in questio n. Esterly sta ted it i ~ a 50 /50 split wit h 50% from t he apartm en t co pl ex and 50% lower density residential on the wes t si de . Counc il Member Ko l tay requested an explanation o f the probl em with the alley . Esterly exp l ained it is constructed out of asphalt , it ha s been patched numerous times resulting in a continuous line of patches most of which were done pr ior to the City taking on the maintenance after the apartm ent com- plex denied it was their .responsib ility . Esterly continued. stating there is no wri tten record wh i ch says t he apart ment co mplex is res po ns ib l e for th e al- ley 's maintenance ; that as a last recourse the City assumed re s ponsibi li ty for repai ri ng potholes in the alley. The alley is i n poor condition , there is a strong posslbil ity that within a short period of time complete f ailure wi ll occur. At this po i nt th ere Is an opportunity to save some of the base of the alley . In response to other questions by Mr . Koltay, Hr . Kahm stated th ere have been 65 to 70 volunteers added to the District; that approximately 40-50 pe rmits have been issued to those citizens who have chosen to do the work through pri- vate contractors. Dis c ussion ensued regarding use of the alley by the apartment complex for its pool drainage. Mr . Esterly explained that the alleyway s are part of the drainage system , further he Is not aware of anything which would prohi bit them from doing so. Council Member Clayton inquired about the procedure for inclusion of an alley i nto a district. It was explained that alleys c an be included by petition with a majority being adequate for i nclusion . Mayor Van Dyke offered Council Members one last opportun i ty to state the i r position in this matter. Council Member Habenich t r es ta ted i n detail her pos i tion , stating s he would be voting agains t it and she urged the rest of Council to join her . Coun cil Member Clayton stated his posit i on i n s up por t , sta t ing th at pos t pone- I ment wi l l not solv e th e pr oble m. He offered that many citizen s have at their I own expense initi ate d concrete repairs pursuant to the formation of the dis- trict . He opined t hat ade quate no t ice was given consistent wit h t he law and cons i stent wi t h the proced ures used by the City since 1962 . He spoke abo ut those citizens who f elt taxes should be raised to pay for con c rete repa irs fro m t ax mone y. He questioned t he ade quacy of a tax increase of 8/10 of a mil l as s ugg es e by Ms . Mc Wi l l i ams, an d he questioned the f airness of such an increase for t hos e ci t izens wh o already have personall y paid for co ncre te re- pair s, who have met that responsibility, and who wo l1ld no now be will ing to he 1 p pay for others through their tax money. He cone l uded by suggesting the I I Englewood C1ty Council "1nutes "'Y 20, 1991 -Page g City "work on some low income loans, work on concrete standards, and continue to replace hazardous and intolerable concrete throughout the City." Council Member Habenicht took exception to Hr. Clayton's comments about fund- ing of the district through a tax increase. She stated that was not the issue she had put forth. She said, "the issue is that we as a City, both on the staff through no fault of our own but through all of these problem s that have e~acerbated the problem, really need to do good by these people ." Coun cil Member Koltay offered his point of view, stating he had reviewed the d is trict in great deta i l regarding the mandatory portion. He opined that to remove the mandatory portion does not address the need of the district, that without the manda t ory portion, concrete would never be replaced. With regard to the District's formation in general, the formati on offers the ability of f in ancing that other peop l e who do not have that ability to achieve regardless of their financial circumstances. He spoke of those people who did want their alleys paved who have waited pa - tiently for several years to be included in a district. He spoke of people who had signed petitions who have no intention of fixing the concrete without the mandatory provision . He concurred with Hr . Clayton that adequate notice had been given, that excellent coverage had been provided by the newspapers, the Sentinel In particular . He stated in his opin i on staff had done every - thing Council has asked of them, and he is certain staff would still be will- ing to meet with concerned citizens about this district. He concluded by ad- vising Mrs. Samuelson and Mrs . Welle, both in his District, that he would not be moving to exempt them as requested from the Concrete District. Council Member Bullock, speaking to the ai;dience, stated his concern for the people being assessed for the 3600 block Elatl/Delaware alley; and his concern for Hrs. Samuelson and Hrs. Welle. However, he concluded that to exempt any further properties would delay the project . Vote results on approval of Counci ' Bill No . 26 with no further amendments: Ayes: Council Members Koltay, Wiggins, Bullock, Clayton, Van Nays: Absent: Dyke Council Member Habenicht Council Member Hathaway Moti on carried . Council Member Koltay reque s ted that City staff continue to meet with i ndi • viduals to solve, administratively, existing difficulties . Mayor Van Dyke supported that r • uest, directing st aff to pursue financial options all uded to by Hr. Clayton and Hr. Bullock. Council Member Bullock suggested that Hr. Hickle, Mr s . Condreay and Hr s. Duran might see k re1ief through the Englewood Hou s ing A.uthor i ty. and he provided th em with a con tact name and phone number. Englewood City Council Minutes May 20, 1991 -Page 10 Bernadine Hickle, 36B0 South El~~i Street, addressed Counc i l concerning the apart men t complex using the alley for dra i nage of the swimmin g poo l. She com• me nted that even if the alley is replaced with concrete, the concrete would be adversely affected if the pr act 1 ce continued . She feels the swimming poo 1 should be drained using the sewer, not the alley, and asked why the residents across the alley should have to pay for the concrete when the poor condit io n results from the dra in age of the pool down the alley. 10 . Public Hearing No public hearing was scheduled . 11. Ordinances, Resolutions and Motions {a) Director Long presented a reconrnendation from the Department of Library Services to approv ~ by motion the bid of Farber Specia l ty Vehicles in the amount of $93,127 for the purchase of a new bookmobile. Two bids were received, one from Farber for S93,127, and one from Ohio Bus Sales for Sl00,275. Mr. Long explained that Council approved In the 1991 budget SB3,930 for this purchase; however, the reco111110ndation Is to approve the award of bid to Farber In the amount of $93 ,127, keeping in mind th i s is $9,197 over the projected amount. The difference in cost covers a generator which will make the vehicle a self-conta i ned unit independent of external electrical connec - tions, a drive 1 ine retarder, and includes an engine upgrade. Mr . Long ex- plained that If approved a 2o,; deposit will be made to Farber, delivery of the vehicle will be six to eight months. The engine upgrade was questioned and explained by Hr. Long and Hr. White, Servicenter Garage Supervisor . COUNCll MEMBER HABENICHT 110VED, AND 11 WAS SECOflOED, TO APPROVE THE BID OF FARBER SPECIALTY VEHICLES IN THE AMOUNT OF S93,127 FOH THE PURCHASE OF THE BOOKIIOBJLE VEHICLE. Discussion ensued relative to a supplemental budget appropriation . It was confirmed that the bid of $93,127 includes the additional f unds for the entire purchase . Vote results: Aye s: Nays : Absent: Motion carried . Council Members Koltay, Wiggins, Bullock , Clayton , Habenicht, Van Dyke None Council Member Hathaway I (b } Director Fond a presented a recommendation from the Bi -C ity Super • I visory Committee to ad opt a bill for an ord i nanc e approving a modif ic ation to an easement to the Pub lic Serv i ce Company for the reloc at io n of powe r lines to the Bi-C i ty Plant. The City Clerk was asked to read Council Bi ll No . 33 , entitled : COUNC 1 L BI LL NO. 33, 1 NTRODUC EO BY COUNC IL MEMBER BULLOCK I I Engl.wood City Council Minutes Ney 20, 1991 -Page 11 A BILL FOR AN ORDINANCE GRANllNG PUBLIC SERVICE COMP~NY OF COLORADO A UTILITY EASEMENT ON CITY PROPERlY LOCAlEO Al THE Bl-CITY WASTEWATER TREATMENT PLANT . COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) -COUNCIL BILL NO. 33. Ayes: Council Members Koltay, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Absent: Council Member Hathaway Motion carried. (c) Director Fonda presented a recol!l'llendation from the Bi-City Super - visory Commi t tee to adopt a bill for an ordinance approving an agreement between the C.olorado Department of Highways and the Cities of Eng lewood and Littleton for grant of deed and use of a portion of the Bi -City property for the construction of Lipan Street. The City Clerk was asked to read Council Bill No. 37. entitled: COUNCIL Bill NO . 37, INTRODUCED BY COUNCIL MEMBER BULLOCK A BILL FOR AN ORDINANCE APPROVING SPECIAL WARRANTY DEEDS ANO EASEMENlS BETWEEN THE COLORADO STATE HIGHWAY DEPARTMENT ANO THE CITY OF ENGLEWOOD AND THE CITY OF LITTLETON FOR POSSESSION ANO USE OF A PORTION OF THE BI-CITY PROPERTY NEEDED FOR SOUTH SIINTA FE IMPROVEMENTS AND APPROVING AN AGREEMENT FOR CON- STRUCTION OF IMPROVEMENTS AT THE Bl -CITY SITE. COUNCIL MENIER BULLOCK NOYED, ANO IT IIAS SECOIIJEO, TO APPROVE AGENDA ITEM ll(c) -COUNCIL BILL NO. 37. Ayes: Council Members Koltay, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Absent: Council Member Hathaway Mot i on carried. (d) Director Hayes presented a recommendation from the Department of Financial Services to adopt a re solution ame nding the 1991 General Fund budget to a llow expenditures and revenues to be accounted fo r in connection wi th the 4th of July fireworks display and celebration. Cost of the event is estimated at SJS,000 which will be offset by dona tions from various civic groups and businesses. The resol ution was assig ned a number and read by title : RESOLUTION NO. 43. SERIES OF 1991 A RESOLUTION AMENDING THE GENERAL FUND 1991 BUDGET . COUNCIL "EMBER BULLOCK NOYED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM ll(d) -RESOLUTION NO, 43, SERIES OF 1991. Ayes : Counci 1 Member s Kolt ay, Wigg i ns , Bul lock, Clayt on , Habenicht , Va n Dyk e Na ys: None Ab sent: Coun ci l Me mbe r na th awa y Mot ion carr ied . Englewood City Council Minutes May 20, 1991 -Pag, 12 (e) City Attorney DeWitt presented a reco111Tienda l ion to adop t a bill for an ordinance amending sections of the Englewood Municipa l Code pe r ta i ning to sh oplifting . The Ci t y Clerk was asked to read Coun c i l Bi ll No. 34 , entitl ed: COUNCI L BILL NO. 34 , INTRODUCED BY COUNCI L MEMBER BULL CC K A BI LL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 6F , SE CT ION J (B), EtlG LEWO OD MUNI CIPAL COOE 1985 PERTAINING TO SHOP LI FTING. COUNCIL HEHBER BULLOCK HOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM ll(e) -COUNCIL BILL NO. 34. Ayes: Council Members Koltay , Wiggins . Bullock , Cla .vt on, Habenicht, Yan Dyke Nays: None Absent : Council Member Hathaway Hotton carried. Council Member Habenicht co111Tiented this is a posit i ve way to show the Ci ty 's s upport of the business commu nity. (f) City Attorney DeWitt presented a reco111Tienda t ion to adopt a bill for an ord i nance amend i ng sections of the Englewood Mun i cipal Code relat i ng to general penalty provisions. Hr . DeWitt stated this amendment clarifies that other penalty provis i ons ex i s .; 1t does npt add to , increase, or mod i fy the penalty . The City Clerk was asked to read Council Bi ll No . 35, entitled: COUNCIL BILL NO. 35, INTROOUCED BY COUNCIL MEMBER BULLOCK A BILL FOR AN ORDINANCE HEREBY AMENDING TITLE J , CHAPTER 4, SE CTION l(A), EN- GLEWOOD MUNICIPAL COOE 1985 PERTAINING TO GENERAL PENALTY . COUNCIL "EIIBER BULLOCK HOYED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM ll(f) -COUNCIL BILL NO. 35. Ayes: Council Members Koltay, Wiggins, Bullock , Clayton , Habenicht, Van Dyke Nays: None Absent: Council Member Hathaway Hoti on carr ied. (g) A r es olu t i on adopting ground rules for t he City Coun cil of Engle- wood was cons i de red. Mayor Van Dyke explained that a t ask fo rc e had been ap - poi nt ed t o he lp est ablish ground rule s to hel p prom ot e smo other f unct1o ni ng of pub l ic mee ti ngs and study sess i ons . The r e so lu t i on wa s ass ign ed a numb er and read by title : RESOL UTION NO. 44 . SER I ES OF 1991 A RESO LUTION ADOPTING GRO UND RU LES FOR TH E CITY COUNCIL OF TH E CIT Y OF EN GLEWOOD. Cou nc i 1 Member Bu 11 ock offer ed th at it wo ul d be nece ss ary for th e I· ayo r as le ad er to diligentl y enfo rce t hese rules even though it may be un le as ant at t i mes to do so. I I I I EnglNOod C1ty tounctl Minutes Nay 20, 1991 -Page 13 Council Member Habenicht offered a friendly amendment wh i ch was not accepted by Hr . Bullock ; therefore , Ms . Habenic ht reoffered her proposal in the form of a motion. COUNCIL MEMIER HABENICHT MOVED, AND IT WAS SECONDED, TO AMEND SECTION I.E. OF RESOLUTION NO. 44 BY ADDING: "ANY VOTE TAKEN WILL BE FORMALIZED AT THE NEXT REGULAR MEETING." Vote results on the i-.yes: Nays: Absent : Mot i on fa i 1 ed. amendr.i!'nt; Coun,il Members Koltay, Habenicht Counc i l Members Wiggins , Clayton, Council Member Hathaway Vote results on approval of Resolution No. 44: Bullock , Van Dyke Ayes: Council Members Wigg i ns, Clayton, Bullock, Van Dyl · Nays : Council Members Koltay, Haben ic ht Absent: Council Member Hathaway Mot i on carried. 12. General D1scusston (a) Mayor's Choice ( i) With regard to the Colorado Municipal League conference in June, three Council Members have requested approval of their attendance and related costs, those members being Ms. Habenicht , Hr. Clayton, and Mayor Van Dyke . The re~uests were accompanied by letters of justification. ln accor- dance with Council 's Travel Polley, approval Is required prior to the travel. MAYOR VAN DYKE MOVED, Atll IT WAS SECONDED, TO APPROVE COLORADO NUNICIPAl LEAGUE CONFERENCE ATTENDANCE OF COUNCIL MEIIBERS HABENICHT, CLAYTON, AND VAN DYKE, lengthy discussion ensued concerning justification of sending a contingency to Colorado Municipal League. Council Member Habenicht and Clayton verbalized In depth their justification for the City's participation in CML and their rep- resentation of the City in various activities and coll"ITllttees . Vote res ults: Ayes: Nays: Absent: Mo t io n carried . Council Members Bullock. Cl ay ton, Habeni cht , Van Dyke Council Members Ko ltay, Wiggins Coun cil Member Hathaway MAYOR VAN DYKE P1OVED, AND IT WAS SECONDED, TO APPROVE COLORADO HUNICIPAL LEAGUE CONFERENCE ATTENDANCE FOR COUNCIL HEMBER BULLOCK. Mr. Bullo ck offered a friend l y amendmen t that only regi str ati on cos t s are being requested. Englewood City Council N1nutes Nay 20, 1991 -Page 14 Th f s amendment was accepted by Mayor Van Dyke and Council Member Habenicht , makers of the motion. Mr. Bull ock offered, as justificalion for his attendance, that he is running for Lhe Executive Board and he explained the specific issues he hopes to ad -dress which will be of benefit to t he City. Vote results: Ayes : Nays: Absent: Motion carried . Council Membe rs Koltay , Wiggins , Bullock, Clayton, Habenicht, Van Dyke None Council Member Hathaway (11) A resolution relative to the Comp r ehensive Clean Air Resolu - tion being proposed by the Unite d States Conference of Mayors was considered. Mayor Van Dyke asked City Attorney DeWitt If he had any cormients; he stated that the resolution exprP.sses support for the position being taken by the U. S. Conference of Mayors with regard to certain amendments to the Clean Air Act. The resolution was assigned a number and read by title: RESOLUTION NO . 45 , SERIES OF 1991 A RESOLUTION SUPPORTING THE UNITED STATES CONFERENCE OF MAYORS WHICH APPLAUDS CONGRESSIONAL ACTION ON HOYING TOWARDS N4ENDHENT OF THE CLEAN AIR ACT . IIAYOll VAN DYKE l!OVED, AND IT WAS SECOll)QJ, TO APPROVE RESOLUTION NO. 45, SERIES OF 1991. Brief discussion ensued concerning the "Metropolitan Statistical Area" and •con solidated Met ropo litan Statistical Area.' Vote results: Ayes : Nays : Absent : Motion carried. Council Members Koltay, Wiggins, Bullock , Clay to n, Habenicht , Van Dyke None Council Member Hathaway ( i Ii) Mayor Van Dyke shared information she obtained as a r ep- resentative of Urban Drainage and Flood Con trol concerning its fl as h flood protection program. (Iv) She announ ced th at the State of Colorado ha s dec lared July 22 through July 28, 1991 as Colorado Bi ke Week . Wed nesd ay of that week is "Colorado Bike to Work Day" and she directed staff to Implement and coo r dinate that as a City event. (b) Council Memb er's Choice (i) Cou ncil Membe r Koltay discussed three issues: I I I I Englewood City Council Minutes Nay 20, 1991 -Page 15 I . Project BUILD -he req uested to see a copy of t he bid packets which have been se nt to qualified contractors as reported in a rece nt Council Newsletter . He commented about numerous errors which were co nt ained n a recent e er mailed to contractors; he suggested more careful proofreading and reque s ted that this be brought to the attention of the author of the letter. He asked Council to provide him with any ideas or inp ut they might have concern i ng Project BUILD . Counci 1 Member Habe nicht stated her concern about involving undevel oped property; she would l ike t o see Project BUILD pri mar i ly us e deve l- oped property which can not be rehabilitated easily or which is substandard , allowing private contractors to deal with totally undeveloped property . Mr . Koltay asked to see the applications which were processed for the position head ing Project BUILD . 2. He advised Council he intends to bring forward a reso lut i on to i mpose a fee for offenders i n domestic violence cases. 3. He encouraged Council to tour the facility of Ambulance Service Company, and he requested staff feedback on the City's interaction with Ambulance Ser - vice Company and use of their services. 11 . Council Member Wiggins d iscussed two items: I . He requested that a letter to s ent to the Men's E Softba ll Team concern· ing their lnappropr11te conduct at Belleview P1rk, adv ising them if this con- tinues the Hen's E Softball Team w111 no longer be welcome to use the park facilities. 2. He stated h1s position concerning the request for funds from Denver Reg i onal Council of Government. He opposed making any addit io nal payment at this time . ii i. Council Member Habenicht add ress ed two items : I. She informed Council that Lisa Cobb, whom the City nomi nated , has been selected to rece Ive the Metropolitan Mayors and Co11111i ss i oners Youth Award. She proposed the City provide add itional re cogni tion for Lisa at a school assembly . COUNCIL M~BER HABENICHT NOVED, AND IT WAS SECONDED, TO OIRECT STAFF TO PRE- PARE A PROCLAMATION IN HONOR OF LISA COBB ANO TO PARTICIPATE IN THE ASSENBLY AT WltlCH THE PROCLAMATION JS TO BE PRESENTED. Aye s: Council Members Koltay, Wigg ins, Bu l loc k, Cl ayton, Habenicht , Van Dyke Nays: None Absent: Cou ncil Me mber Hatha~ay Mot ion c arried . The event is scheduled for May 23 , 1991 . a t 9:30 a .m. Mrs. Ha benich t offe re d to advi se Council of the loca tion. 2 . She sugg e sted it would be a appropriate ti me to reevaluate th e parking restrictions in th e high sc hool neighborhood based on the fact that some re si - den t s seem pleased with it while others seem very di ss atisfied . She su ggested Englewood City Council Nlnutes Nay 20, 1991 -Page 16 a survey be conducted so that any changes necessary could be Implemented prior to the next school year. iv . Council Member Clayton brought forward three items : I. He suggested touring Hartin Manufacturing Company at an early date In an effort to retain the business at its Englewood location . 2. He announced t hat work on the Union Avenue Darn is moving forward with construction pl anned for this fall. 3. He told Coun c il that he had been informed by Jay Hutch i son, Lakewood City Engineer , of a meeting scheduled for May 25, 1991 in Wash i ngton, 0. C., by American ColTl!lunities for Clean-up Equity (ACCE). The meeting will be attended by members of ACCE from across the nation along with high level White House staff and various members of Congress who have expressed an interest in specific concerns with regard to CIRCLA, reauthorization, liability of municipalities, etc. With Council's approval, he felt his attendance would prove advantageous to the City. Lengthy discussion ensued concerning the lack of pertinent information, Council's travel policy which requires advance ap- proval, the lateness of the request, and the potential l i ability the City may face in this matter . NAVOR YAN DYKE IIIOY[D, AND IT lfAS SECOIIIED, TO SUPPORT COUNCIL NENBER CUYTOH' S TRAVEL TO lfASHINGTON, D,C, OH NAY 25, 1991, TO ATTEND A MEETING WITH AMERICAN C~UNITJES FOR CLEAN-UP EQUITY WITH CERTAIN CAVEATS. The caveats were discussed: upon receipt of pertinent information, Hr. Clay- ton is to seek Council's majority approval via telephone poll after discussing the data with the City Manager to determine who would be the most appropriate person to attend . Vote results: Ayes : Nays: Absent: Motion fa i 1 ed. Council Members Koltay , Clayton, Van Dyke Council Members Wiggins, Bul l ock, Habenicht Council Member Hathaway Council Member Koltay stressed that with a potential liability of s200 ,ooo,ooo it would behoove the City Manager to determine 1f the City should be repre- sented. The r efore , Mr. Clayt on was requested to prov i de the City Manager with whatever additional information he may receive concern i ng th is meeting . I Counc i l Me mbe r Haben ic ht fe l t th i s s it uation serves as an exa mple of th e pr ob-I l ems Council may encounter with the Travel Pol i cy, and she sugges ted i t may be nece s sary t o r evi ew that pol i cy . v . Counc il Membe r Bullock adv ised Council tha t he and Counc i l Mem- be r Hath away had att ende d a Denve r Reg i ona l Council of Go ver nments ' se ssion at wh i ch De nver 's wa er ne eds were d i sc uss ed . He advise d Council the re is a nee d t o rem a in diligent in t he pr otec t i on of En gl ewood 's wa ter rig hts . I I Englewood City Council N1nutes May 20, 1991 • Page 17 13. Ctty Manager 's Report Ms. Martin did not have any matters to bring before Council. 14 . City Attorney's Report Mr. Oe Wttt dtd no t have any matters to br i ng befo re Council. 15. Adjournment The meet i ng adjo urned at 10:20 p .m.