HomeMy WebLinkAbout1991-06-03 (Regular) Meeting MinutesI
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I. Ca 11 to Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Re ular Session
June 3, 1991
The regular meeting of the Englewood City Council was called to order by Ha yJ r Van Dyke at 7 :30 p .m.
2 . Invocation
The invocation was given by Council Member Bullock .
3 . Pledge of Allegiance
The Pledge of Al l egiance was led by Mayor Van Dyke.
4 . Roll Call
Present :
Absent:
Council Hembers Ha t haway, Kolt.iy, Bullock , Clayton, Habenicht , Van Dyke
Council Member Wiggins
A quorum was present .
/\l so present : City Manager Fraser
City Attorney DeWitt
City Cl erk Crow
Director Wanush, Community Develop me nt
5. "i nutes
(a) COUNCIL "£"BER CLAYTON HOYED, ANO IT WAS SECONDED, TO APPROVE THE "INUTES OF THE REGULAR "EETING OF HAY 20, 1991.
Council Mem ber Habenicht r equested a change on Page 4 , Agenda Item 7(e), l i ne
7, de l e ing the words "agreed, but" s o that lines 7 and 8 read : "c iti zens
want to move forward with the distr i ct. Hs. McW i lli a s r e i tera t ed so me peop l e do not feel that wa y."
Vote resul t s :
Ayes:
Nays :
Ab s tairi :
Cou nc i 1 Me mbe rs Ko ltay , Bu 11 oc k . C 1 ayton. Hab en i ch . Va n Dy ke
on e
Counc il Member Hathaway
Englewood C1ty Council N1nutes
June 3, 1991 -Page 2
Absent: Counc i l Mem ber Wiggins
Motion carried. The minutes were approved as amend ed.
(b) COUNCIL "E"BER CLAYTON "OYED, AND IT
"INUTES OF THE REGULAR "EETIN& OF NAY 6, 1991.
Ayes: Council Members Koltay,
Habenicht, Yan Dyke
Nays: None
Absent: Council Hember Wiggins
Motion carried.
6. Pre-scheduled Visitors
WAS SECONDED, TO APPROVE THE
Hathaway , Bullock , Clayton,
{a) COUNCIL NENBER HATHAWAY NOYED, .AND IT WAS SECONDED, TO PROCLAI"
JUNE 3, 1991, AS "WASTE IIANAGENENT OF DEMYER -SOUTH DAY."
Ayes: Council Members Koltay, Hathaway, Bullock, Clayton,
Ha benicht, Van Dyke
Nays: None
Absent: Council Hember Wiggins
Hoti on carried.
Mayor Van Dyke presented the proclamation to Mike Hagee, Manager of Waste Man-
agement of Denver-South. Appreciation was expressed to Mr. Magee for the com-
pany's participation 1n Englewood's efforts to improve its environment. Mr .
Magee shared this honor with other representa tives of Waste Manageme nt of
Denver-South who were present.
(b) City Manager Fraser presented the E l oy e of the Month award to
Ci ndy Petersen, Secretary, Wastewater Tr eatmen t Plan t, c orrmentl ng upon Cindy's
nu tstandi ng accomplishments.
Non -scheduled Visitors
{a) Gary Kozacek , 1260 Wes t Oxford, offered three i ssues for Cou nc il 's
consideration:
I . He explained how effective roll-offs have been for his and his neighbors '
tra sh col lecti on .
2. He r eported his neig hbor at 1220 West Oxfo rd had suffered a break-in ear -
lier this day; the neighbor had reported it to t he po l ice at noon and as of
6:30 p .m . no response had been ma de.
3 . He suggested that Council ask the State Hi ghway Dep ar tme nt to consider
ope ni ng Kenyon on a temporary ba sis duri ng the co nstruc tion phase of the Ox -
ford and Santa Fe corr i dor for bet ter access to Ho me Cl ub.
8 . Co11111unication s and Proclam ations
There were no addit i onal communication s or proclamat i ons for CounLil "s
considerat ion.
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Englewood City Council "tnutes
June 3, 1991 -Page 3
9 . Approval on Second Readtng
Counc i l Member Hathaway requested that Agenda Item 9(d) be withdrawn from the
items to be approved on second reading.
COUNCIL "EMBER CLAYTON MOVED, AND IT WAS SECONO[D, TO APPROVE CONSENT AGENDA
ITEMS 9 (a) THROUGH (c) AS FOLLOWS:
(a) ORDINANCE NO. 33, SERIES OF 1991 (COUNCIL BILL NO . 33 , INTRODUCED
BY COUNCIL MEMBER BULLOCK), ENTITLED:
AN ORDINANCE GRANTING PUBLIC SERVICE COMPANY OF COLORADO A UTILITY EASEMENT ON
CITY PROPERTY LOCATED AT THE Bl-CITY WASTEWATER TREATMENT PLANT.
(b) ORDINANCE NO. 34, SERIES OF 1991 (COUNCIL BILL NO. 34, INTRODUCED
BY COUNCILMEHBER BULLOCK), ENTITLED:
AN ORDINANCE AMENDING TITLE 7, CHAPTER 6F, SECTION 3(8), ENGLEWOOD MUNICIPAL
CODE 198S PERTAINING TO SHOPLIFTING.
(c) ORDINANCE NO . 35, SERIES OF 1991 (COUNCIL BILL NO. 35, INTRODUCED
BY COUNCIL MEMBER BULLOCK), ENTITLED:
AN ORDINANCE HEREBY AMENDING TITLE ), CHAPTER 4 , SECTION 1 (A), ENGLEWOOD
MUNICIPAL CODE 1985 PERTAINING TO GENERAL PENALTY .
Ayes:
Nays:
Absent:
Motion carried .
Council Members Koltay, Hathaway, Bullock, Clayton,
Habenicht, Van Dyke
None
Council Member Wiggins
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(d) City Attorney DeWitt explained the need for additional research and
clarification of specific issues concerning the access easement from Santa Fe
t o the Bi-City Plant as proposed i n Counc i l 8111 No . 37, and approved on first
r eading Hay 20, 1991, ent i tled :
COUN CI L BILL NO. 37, INTRODUCED BY COUNCI L MEMBER BU LL OCK
A BI LL FOR AN ORDINANCE APPROVING SPECIAL WARRANTY DEEDS AND EAS EMENlS BE TWEE N
THE COLORADO STATE HIGHWAY OEPARTMENl AND THE CITY OF ENGLEW OO D ANO THE CI TY
OF LITTLETON FOR POSSESSION AND USE OF A PORTION OF TH E Bl -CIT Y PR OPER TY
NEEDED FOR SOUTH SAIHA FE IMPROVEMENTS ANO APPROVING AN AGREE MEN T FOR CO N-
STRU CTION OF IMPROVEMENTS AT THE Bl-CI TY SITE.
COUNCIL HE"BER HATHAWAY "OVED, AND IT WAS SECONDED, TO TABLE AGENDA ITEH 9(d)
-COUNCIL Bill NO. 37 UNTIL FURTHER NOTICE.
Aye s: Co unc il Mem bers Kol t ay, llath aw ay. Bullock . Cl ayt on,
Ha b~nich t , Van Dyke
Englewood City Council Minutes
June 3, 1991 -Page 4
Nays : None
Absent: Council Member Wiggins
Motion carried.
City Manager Fra ser stated the City will encourage the State Hi ghway Depar t ·
ment to continue with the construction while these technic a1 ities are being
worked out .
10 . Public Hearing
No pub lic hearing was scheduled.
II. Ordinances, Resolutions and Motions
(a) Director Wanush presented a reco11111endat ion from the Department of
Community Development to adopt an ordinance approving participat io n wi th
Arapahoe County in their Urban County Conrnunity Development Block Grant Pro -
gram . Hr . Wanush explained the procedure wh i ch will assure the City of ap-
proximately Sl84,000 for each of the next three years . Mr. Wanush agreed to
find out if the City will be locked into the percentages stated in the Council
Communication. The City Clerk was asked to read Council Bil 1 No . 41,
entitled:
COUNCIL BILL NO. 41, INTRODUCED BY COUNCIL MEMBER HABENICHT
A BILL FOR AN ORDINANCE APPROVING ANO AUTHORIZING THE EXECUTION OF AN INTER·
GOVERN,,.ENTAL COOPERATION AGREEMENT WITH ARAPAHOE COUNTY RELATING TO THE CON-
DUCT OF COlt1UNITY DEVELOPMENT BLOCK GRANT PROGRAMS FOR FEDERAL FISCAL YEARS
1992 THROUGH 1994.
COUNCIL MEMIIER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
ll(a) -COUNCIL BILL NO. 41.
Ayes: Council Members Koltay, Hathaway, Bu1lock, Clayton,
Habenicht, Van Dyke
Nays: None
Absent: Counci1 Member Wiggins
Motion carried.
(b) Direc to r Wanush presented a recommendation from the Depa rtmen t of
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Commu ni ty Development to adopt a bill for an ordinance amending an agreement
with Phar-Mor Plaza regarding signage at the intersection of U.S. 285 and En ·
glewood Parkway . ~Ir . Wanush provided specifics about the proposed sign which
is detailed on Exhibit No . 2. The current sign is 54 sq.ft . and Signet I
Partners/Phar-Mor are requesting it be increased to 126 sq.ft. The Colorado
State Highway Department has indicated agreement to the proposed s1gn.
Lengt hy discu s s i on en sued about the s ize and design , about the Market Place
sign , and about t e assignment from Li ncor to Si gnet Partne rs . Th e Ci ty Clerk
was asked to read Co un cil Bi ll No. 30 , en t it l ed :
COUNCIL BILL NO . 30 , INTRODU CE D BY COUN CIL MEM BER HA BEN ICH T
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Englewood City Council Minutes
June 3, 1991 • Page 5
A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 6, SER I ES OF 1988, GRANTING IU
THE ENGLEWOOD UR BAN RENEWAL AUT HOR ITY (E URA) A RIGHT TO USE MUNICIPAL RIGH T-
OF-WAY, BY AOOJNG A NEW [XHIBlT NO. 2, WHICH WILL ALLOW AOOITJONAL SIGN AREA .
COUNCIL NENIER HABENICHT NOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEH
ll(b) -COUNCIL Bill NO. 30,
COUNCIL NEMBER CLAYTON ltOVED TO AIIEMD THE SECOHO WHEREAS TO READ:
• ••• TO INCREASE THE FACE OF THE SIGN FRON 54 SQ.n. TO 110 SQ.FT."
The motion died for a lack of a second .
COUNCIL HEHBER HABENICHT MOVED TO AMEND TO LIMIT THE HEIGHT OF THE SIGN TO 20 '
AND THE SQUARE FOOTAGE INCLUDING ALL SURFACE AREA TO i25 SQ.FT.
The motion died for a lack of a second .
Vote results on orig i nal motion to approve Agenda Item ll(b) -Council Bill
No . 30:
Ayes:
Nays:
Absent :
Hot ion fa i 1 ed _
Council Members Habenicht, Van Dyke
Council Members Koltay, Hathaway, Bullock, Clayton
Council Member Wiggins
Council Member Clayton reiterated his concern about increasing the size of the
sign to a degree which would be out of scale with the other signs in the area.
The design, which correlates with other signage on Englewood Parkway and which
was basically imposed upon Lincor/Phar-Hor, was discussed.
Mayor Van Dyk.e conmented that Co uncil wl 11 have an opportunity to conside r
this further when a new Exhibit is proposed .
(c) Director Wanush presented a recorrnendation from the Planning and
Zoning Co11111iss i on to set a Publ i c Hear i ng for June 17, 1991, to consider an
amendment to the 1-1 Zone District re~ulat l ons, and to approve, on f irs t read-
in g, a bill for an ordinance amending sect i ons of the Englewood Municipal Code
relat i ng to th ese regulations, specifically the deletion of "breweries" from
t he 1 ist of prohibited uses i n the 1-1 Zone District. Mr. Wanush stated the
Planni ng and Zoning Comm ission held a pub li c hearing on May 21, 1991 , an d
there were no object1ons posed at the hearing. The Planning and Zon i ng Com -
miss io n reconrnends tha t Counc i l change the zon i ng ordinance to permit
Bre weries i n the 1-1 Zone District . The City Clerk was asked to read Coun c i l
Bill No . 42 , en tit led:
COUNCIL BILL NO. 42 , I NTRODUCED BY COUNCI L MEMBER HATH AWA Y
A BIL L FOR AN ORD INANC E AMENDING TITLE 16, CHAPTER 4 , SECTION C, SUBSECTION 3,
OF THE ENG LEWOOD MUNlC!PA L CO DE 1985, BY DELETING TH E TER M BREWERY ANO DECLAR -
ING AN EME RGENCY.
[n9lewood C1ty Council Minutes
June 3, 1991 -Pa9e 5
COUNCIL MEMBER HATHAWAY flOYED, Atll IT WAS SECONDED, TO APPROVE AGENDA ITEM
ll(c) -COUNCIL BILL NO. 42.
The emergency nature of the ordinance was discussed, and the procedure/ I
time -frame was expla i ned by City Attorney DeW itt. City Manager Fraser empha ·
sized how the emergency time-frame would prove advantageous to the 1evelopment
of the proposed business without adversely affecting the ove r all procedure.
It was stated that unanimous approval is required for Council Bill No. 42 to
be considered as an emergency ordinance.
Vote results:
Ayes: Council Membe rs Koltay, H-atha ;.ay, Bullock, Clayton,
Van Dyke
Nays: Council Member Hab1r i cht
Absent : Council Member Wiyij .r.~
Motion carried . Council Bill No. 42 is ap~roved on first reading; however, as
a unanimous vote wa~ not received, it is not an emergency ordinance.
COUNCIL NEMER HATHAWAY NOYED, AND IT WAS SECONDED, TO SET A PUBLJC HEARIN&
FOR JUNE 17, 19!11, AT 7:30 P .N. TO CONSIDER ANENOl'IENTS TO TITLE 16, CHAPTER 4,
SECTION 3, SUBSECTION 3.
Ayes: Council Members Koltay, Hathaway, Bullock, Clayton ,
Habenicht, Van Dyke
Nays: None
Absent : Council Member Wiggins
Motion carried.
(d) City Attorney DeWitt presented a recommendation to adopt a bill for
an ordinance a11ending sections of the Englewood Municipal Code relating to
jurisdiction and power of the Englewood Municipal Court to issue "no contact
orders.• The City Clerk was asked t? read Council Rill No. 36, entitled:
COUNCIL BlLL NO. 36, INTRODUCED BY COUNCIL MEMBER BULLOCK
A BILL FOR AN ORDINANCE HERE BY AMENDING TITLE I, CHAPTER 7, SECTION 2, ENGLE·
WOOD MUNICIPAL CODE 1985 PERTAINING TO JURISDICTION· POWER OF THE ENGLEWOOD
MUNICIPAL COURT.
COUNCIL MEMBER BULLOCK 1'0VED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
ll(d) -COUNCIL BILL NO. 36.
Council Member Bullock strong ly urged passage of Council Bil l No . 36 . Council
Member Clayton concurred , exp 1 a i ni ng the success fu 1 i nv o 1 vement of Co 1 orad o
Municipal League Munic i pal Court and Law En forcement Commille e to this en d.
\/ot e results:
Ayes :
Na ys :
Absent:
Motion cHried .
Counc 11 Members Kolta y, Ha thaway , Bu lloc k. Clayton ,
Habenicht, Van Dyke
None
Counci l Me mbe r Wig gins
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Englewood C1ty Counci l Nlnutes
June 3, 1991 -Page 7
(e) A resolution establishing rates for Parks and Recreation Services
for non -re si dent property owners and business people in Englewood was con -
sidered. The reso l uti on wa s assigned a number and read by title:
RE SOLU TION NO. 46, SERIES OF 1991
A RESOLUT ION ESTABLISHING RATES FOR PARKS AND RE CREATION SERV I CES FOR REAL
PROPERTY OWNERS, PERSONS AND FOR PROF IT CORPORATIONS THA T OWN ANO/OR OPE RAT E
BUSINESSES WITHI N THE CI TY OF ENGL EWO OD BUT DO NOT RESIDE WITHIN THE CORPORATE
BOUNDARIES Of THE CITY.
COUNCIL MEMBER CLAYTON NOYED, AHO IT W~ SECOfllEO, TO APPROVE RESOLUTION NO.
46, SERIES OF 1991.
COUNCIL MEMBER HABENICHT MOVED, ANO · IT WAS SECONDED, TO MEND SECTION 2 Of
RESOLUTION NO. 46, BY DELETED THE WORD 'FDA", INSERTINQ THE WORDS "TO PAY ",
SECTION 2 TO READ AS FOLLOWS:
Vote
"SECTION 2. FOi PURPOSES OF QUALIFYIN& TO PAY RESIDENT RATES , THE
PERSON, PARTNERSHIP All) FOR PROFIT CORPORATION NUST BE LICENSED IF RE-
QUJRm BY EN&LENOOO ORDINANCE MD HAYE A PHYSICAL PLACE OF BUSINESS
WITHIN THE CITY BOllllARIES. THIS INCLUDES THE PERSON'S OR ENTITIES ' IN-
MEDIATE FMILY PERMANENTLY LIVING IN THE HOUSEHOLD,•
result on amendment:
Ayes; Counc il Members Koltay,
Nays:
Absent:
Yan Dyke
Council Member Bullock
Council Member Wiggins
Hat haway , Clayton, Habenicht,
Motion carr i ed.
Vote results on app roval of Resolution No. 46 as
Ayes: Count i 1 Member s Ko ltay,
Habenicht, Yan Dyke
Nays: None
Absent: Council Member Wiggins
Motion carried.
12. Genera l Discussion
(a) Mayor's Choice
amended:
Hathaway, F,u 11 oc k, Clay ton,
(i) Mayor Van Dyke presented a re sol ut ion suppo rt i ng the U.S .
Conference of Mayors' posit ion which calls upo n the U. S. Environmental Pro -
tection Agency to develop and promulgate regulations governing mod ern land -
fills, munici pal waste co mbus tor s an d r ecyc li ng facilities . The resolution
was assigned a number:
RtSOLUTION NO. 47, SERIES OF 1991
MAY OR VAN DYKE MOVED , AND IT WAS SECONDED, TO APPROVE RESOLUTION NO . 47,
SERIES OF 1991.
Englewood City Council Ninutes
June 3, 1991 -Page 8
Ayes:
Nays:
Absent:
Mot ion c arr i ed.
Council Members Koltay, Hath awa y , Bullock, Clayton,
Habenicht, Van Dyke
None
Counci1 Member Wiggin s
(ii) Mayor Van Dyke reminded Counc i 1 of the board and commiSs ion
interviews schedu led for June 4 , 1991, commencing at 6:00 p.m .
(b) Council Member's Choice
(i) COlllCIL NEMBER IIATIIAWAY MOYED, AND IT WAS SECONDED, TO SUPPORT
COUNCIL MEMBER CLAYTON'S TRAVEL TO WASHINGTON, O.C., TO PARTICIPATE IN THE
MERICAN COIIIUNJTIES CLEANUP FOR EQUITY (ACCE) MEETING.
Council Member Hathaway expressed the opinion t hat the travel expense would be
a minor investment when compared to the potential liability the City may face
in the Lowry Landfill and other municipal sludge issues. Council Member Clay-
ton ehborated about the value of the ACCE meeting. City Attorney Dewitt ,
having been asked to do so, enu111erated the guidelines set forth 1n Council 's
travel policy. It was suggested that Colorado's congressional de l egation be
Invited and urged to attend.
Council Member Bullock s tated he has heard negative comments about the number
of trips taken by Council, and he has made a corrrnitment to a segment of the
community to vote again s t this expense.
Vote results:
Ayes:
Nays:
Absent:
Motion carried.
Council Hembers Koltay, Hathaway, Clayton, Van Dyke
Council Members Bullock, Haben icht
Council Member Wiggins
(ii) Council Member Bullock presented a resolution authorizing a
memorial contribut i on to the R. Craig Nelson Memorial Fund. Discussion ensued
relative to the cont ri but ion amount and the purpose of the memorial fund.
City Manager Fraser urged caution in the decision because of the precedence
such a resolution might set.
Counc il Member Habenicht suggested it may be more appropriate to contribu te to
Cops and Kids in honor of Officer Nelson.
Council Member Clayton concurred with Mr. Fraser's col!'ITients concerning the
precedence such a contri bution would set .
COUNCIL KEHBER CLAYTON MOVED TO TABLE AGENDA ITEM 12(b)(i i ).
Co unc i l Member Kolt ay offered t o se co nd t he moll on i f it i s tab1ed t o Jun e I 7 .
1991. Co unci l Memb er Clayton ac ce pte d Lhat as a "fr i en dl y amen dme nt." Th e r e -
fo re, the motion read s:
" ... TO TABLE AGENDA ITEH 12(b){ ii) TO JUNE 17, 1991."
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Eng18'IOOCI Ctty Counctl Minutes
June J, 1991 -Page 9
Ayes: Co unc il Members Koltay, Hathaway, Clayton, Ha beni cht,
Van Dyke
Nays : Council Memb er Bullock
Absen t: Council Member Wiggins
Motion carried. Council Member Koltay expla i ned he had requested tabl i ng to
June 17th in or der to evaluate the issue and prov i de an opportun ity to ad dress
the matter with consistency ,
(iii) Counc il Member Bullock presented a resolu t ion concerning
board and cmm,i ssion term l i mitation . The resolution was assigned a number
and read by title:
RESOLUTION NO . 48 , SERIES OF 1991
A RESOLUTION LIMITING THE TERMS OF OFFICE FOR THE CITY OF ENGLEWOOD BOARDS AN D
COMMISSIONS MEMBERS TO TWO (2) TERMS IN ORDER TO BROADEN THE OPPORTUNITY FOR
PUBLIC SERVICE.
COUNCIL MENIER BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO.
48, SERIES OF 1991.
It was co nfirmed the r esolution i f approved would not be retroactive . Several
questions were raised and discussion ensued concerning the Impact of the
resolution on Council appointments. Mayor ~an Dyke urged that Council ret ain
some flexibility and offered as a "friendly amend111ent• that Section l re ad:
":i ect i on 1. The City Counc il of the City of Englewood hereby
adopts the general policy that no person may serve more than two (2) con-
secutive terms on any Boa rd or Conrnission. "
After further discussion, it wa s pr oposed that Section I read :
"Secti<m.._!_. The City Council of the City of Englewood hereby
ddopts tliegeneral guideline that no person may serve ... •
Th i~ met with Mr, Bu l lock 's approval as a "friendly amendment .• Furt her ques -
t i on s were posed relative to appointments to the Career Service Board and the
mayoral appointments ma de to th e Urban Renewal Authority and the Housing Au -
thor i ty. Mr . DeWitt conwnented that this "will be sub j ect to change· based on
thg needs of the City.
Vote resul t on approval of Resolution No . 4B with an amended Section I :
Ayes: Council Members Bullock , Van Dyke
Nays : Council Members Koltay, Hathaw ay , Clayton , Habenicht
Absent : Council Member Wiggins
Mo tion defeated. Counc i l Member Ko lt ay ex press ed the opinion th i s resolut i on
should be re -I ntroduced, as he believes it is positi ve to l i mi t terms.
(iv) Council Member Bullock pre sented a bill for ~n ordinance con -
cerning a Chart er amendment wh ic h would require th e po pula r election of the
Englewood City Council K1nutes
June 3, 1991 -Page 10
Mayor. Hr. Bullock co11111ented upon the popularity being expressed by the com-
mun I ty concerni n9 this proposed change. The City C 1 erk wa s as ked to rNd
Council Bill No . 38, entitled:
COUNCIL BILL NO. 38, INTRODUCED BY COUNCIL MEMBER BULLOCK
A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERE D ELECTORS OF TllE
CITY OF ENGLEWOOD AT THE IIEXT SCHEDU LED REGULAR MUNICIPA L ELECTION PROPOSfD
AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REQUIRING THE POPULAR ELEC -
TION OF MAYOR FOR A TWO (2) YEAR TERM.
COUNCIL MEMBER BULLOCK KOVED, ANO IT WAS SECONDED, TO APPROVE AGENDA ITEII
12(b)(1v) -COUNCIL BILL HO. 38.
Council Me mber Habenicht stated she did not support the idea of the pr oposed
Charter c hange; therefore, she would be voting against Council Bill No . 38.
Council Member Hathaway comented she too would be voting against Council Bill
No. 38, stating she believes to make such a change goes against the original
intent of the Charter. She suggested a change such as this should be accom-
plished by a "fair, unbiased group In a Charter Convention situation."
COUNCIL KEN8ER BULLOCK NOVED TO TABLE AGENDA ITEN 12(b)(iv) -COUNCIL BILL NO.
38.
Ayes:
Nays:
Atsent:
Hot Ion carried.
Council Members Koltay, Hathaway, Bullock, Clayton
Council Members Habenicht, Van Dyke
Council Member Wiggins
(v) Council Member Habenicht offered four items:
1. In response to a complaint from a citizen In the Centennia l area, she
requested that traffic in the area of Irving and Lowell be monitored for
speeding, and she wondered If a stop sign might be warranted at Tufts.
2 . She has received complaints concern i ng weeds growing on ci t y-owned prop-
erty, particularly along the City Ditch . She asked that this be investigated.
3. She comented upo n comunication problems in city government and the ten -
dency to move too qui ckly concerning some matters, citing a situation which
occurred with the Arapahoe County Cultura 1 Di strict appointment . She urged
caution when deal i ng with •government and citizens ."
4. She suggested a study session be schedul ed concerning slow response times
to citizen calls, etc., prior to the budget session a t which funding for the
Police Division will be determined.
(v i ) Counc i l Member Cl ayton dis cuss ed t wo it~ms:
1. He asked for information concern! ng the tem porary patch i ng of si dewa l ks
and gutters in the vi c inity of Ea s tman /Race .
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Englewood C1ty Council Minutes
June 3, 1991 • Page 11
2 . He commented upon the lack of landscaping on the city-owned property at
Broadway and Girard. He strongly suggested an effort be made to improve the
appearance of this empty lot.
(vi i ) Council Member Bullock offered two item s :
I. He requested a follow-up of the information offered by Mr . Kozacek on
behalf of hi s neighbor at 12 20 West Oxford.
2. He asked Council Member Haben i cht abou t her rationale i n voting oncer -
tain issues. Council Membe r Habenicht exp l ained her position.
13 . City Manager's Report
Mr. Fraser did not have any matters to bring before Council.
14. City Attorney's Report
(a) Mr. DeWitt provided an update on OMNI BANK vs CITY OF ENGLEWOOD ,
BOARD OF ADJUSTMENT AND APPEALS, et al; he requested authorization to dismiss
the case.
COUtlCIL MEMBER HATHAWAY NOVED, ANO lT WAS SECOfl>ED, TO AUTHORIZE THE CITY AT -
TORNEY TO EMTER JNTO THE AGREEMENT WITH Otlll BANK ON THE KURTZ/TA6UE PROPERTY
TO DISMISS THE CU RENT LAW SUIT.
Ayes : Council Members Koltay, Hathaway, Bullock, Clayton,
Habenicht, Van Dyke
Nays: None
Absent: Council Hember Wiggins
Mot i on carried .
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Council Member Clayton made one other co11111ent. He stated he feels Hr .
Kozacek's idea of keeping Kenyon open during the construction per i od is very
good; however, he is doubtful the State Highway Department will concur.
City Manager Fraser commented that the matter is beyond the contra 1 of the
State Highway Department, but he offered to explore the suggest i on . Mr.
Fraser pointed out that when Oxford is closed, Navajo wi ll be complete south
to Quincy and will serve as an access point to the north, and Windermere will
be op en as well . Appro priate s i gnage was sug ge s ted . It was a lso suggested
tha t Home Club could distribute a flyer show ing acc e ss t o the area .
Englewood City Council "lnutes
June 3, 1991 -Page 12
15 . Adjourrnent
COUNCIL KEKBER HATHAWAY "OYED TO ADJOURN . The meeting adjourn ed at 9:20 p .m.