HomeMy WebLinkAbout1991-06-17 (Regular) Meeting MinutesI
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I. Call to Order
ENGLEVOOO CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Re ular Session
June 17, 1991
The regular meeting of the Englewood City Council wa s called to order by Mayor
Van Dyke at 7:37 p .m.
2. Invocation
The invocation was given by Council Member Bullock.
3 . Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Van Dyke.
4 . Roll Call
Present:
Absent :
A quorum was present.
Also present:
5 . Minutes
Council Members Hathaway, Koltay, Wiggins, Bullock ,
Clayton, Habenicht, Van Dyke
None
City Manager Fraser
City Attorney DeWitt
Assistant City Manager Hartin
City Clerk. Crow
Dana Glazier, Waste Management Coordinator
Director Vanush , Community Development
Director Fonda, Utilities
Director Esterly, Public Works
Director Hayes, Financial Services
(a) COUNCIL MENBER CLAYTON IIOVED, AND IT
MINUTES OF THE REGULAR MEETING OF JUNE 3, 1991.
WAS SECONDED, TO APPROVE THE
Hathaway , Bulloc k. Cl ayton. Aye s: Counc i1 Members Ko 1 tay ,
Nay s:
Abstai n:
ol ion carried .
Habeni cht , Van Oyke
None
Cou nci l Me mb er Wig g ins
6. Pre-scheduled Visitors
Englewood City Counc11 Minutes
June 17, 1991 • Page 2
{a) Mark Sexton, 1511 Ea st Dartmouth Avenue , did nol appear as
sc heduled.
(bl Sandra Li vermore, 2758 South Delaware Street , d id not appear as
scheduled.
(c) A resolution reappoint i ng Don Styes to the Englewood liquor Licen s-
ing Authority was con si dered. The resolution wa s assigned a number and read
by t I tle:
RESOLUTION NO . 49 , SERIES Of 1991
A RESOLUTION REAPPOINTING DONALD J. STYE S TO THE LIQUOR LICENSING AUT HORITY
FOR THE CITY OF ENGLEWOOD, COLORADO.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO.
49, SERIES OF 1991.
Ayes :
Nays :
Motion carried . Hr .
Council Members Koltay , Hathaway, Wiggins,
Clayton, Habenicht, Van Dyke
None
Styes' tem of office expires August 4, 1994 .
Bullock.
(d) A resolution appointing Hike Ward to Englewood 's Keep Amer ica
Beautiful Connission was considered. The resolution was assigned a number and
read by titie:
RESOLUTION NO . 50, SERIES OF 1991
A RESOLUTION APPOINTING MICHAEL WARD TO f I LL A VACANT POSITION ON THE KEEP
AMERICA BEAUTIFUL COMMISSION OF ENGLEWOOD , COLORADO.
COUNCIL MEMBER HATHAWAY MOVED, AND lT WAS SECONDED, TO APPROVE RESOLUTION NO.
50, SERIES OF 1991.
Ayes:
Nays:
Motion carried . Mr .
Council Members Ko 1 tay , Ha th away ,
Clayton, Haben i cht, Van Dyke
None
Ward's term of office expires Dec ember
Wiggins, Bullock,
10, 1992.
(e) A resolution appointing Eugene Ot is to Englew ood 's Water and Sewer
Board wa s cons i dered . The resolution was assigned a number and read by titl e:
RESOLUTION NO. 51 , SERIES OF 1991
A RES OLUTION APPOINTING EUG£NE OTIS TO FILL A VACANT POSITI ON ON THE WATER AND
SEWER BO AR D OF ENGLEWOOD, COLORADO.
COUNCIL ME"BER HATHAWAY "OVED, AND IT I/AS SECONDED , TO APPROVE RESOLUTION NO.
51, SERIES OF 1991.
Aye s:
Na ys :
Mol io n ca r r i ed. Mr .
Cou ncil Memb ers Ko ltay . Hatha way. Wig g i ns.
Clayton, Habenicht, Van Dyke
None
Ot i s' t er m of office expi r es r eb ru ar, 1. 199 2 .
Bull ock.
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Englewood C1ty Council "inutes
June 17, 1991 -Page 3
(f) P. resolution reappointing Walt Tomooka to the Englewood Downto~,n
Development Authority was co nsidered . The resol ution wa s assig ne d a number
and read by title:
RESOLUTION NO. 52 , SERIES OF 1991
A RESOLUTION RATIFYING THE REAPPOINTMENT OF WAL T TOMO OKA TO THE BOARD OF DI ·
RECTORS FOR THE ENG LEWOOD DOWNTOWN DEVELOPMENT AUTHORIT Y.
COUNCIL NEMIIER HATHAWAY IIOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO.
52, SERIES OF 1991.
Ayes:
Nay s:
Mot ion carried. Mr .
Council Members Koltay, Hathaway , Wi ggins,
Clayton, Habenicht , Van Dyke
None
Tomooka 's term of office expires June 30. 1995.
Bulloc k.
(g) A resolution reappointing Gordon Close to the Englewood Downtown
Development Authority was considered. The resolution was assigned a number
and read by t itle:
RESOLUTION NO. 53, SERIES OF 1991
A RESOLUTION RATIFYING THE REAPPOINTMENT OF GO~DON CLOSE TO THE BOARD OF 01·
RECTORS FOR THE ENGLEWOOD DOWNlOWN DEVELOPMENT AUTHORIT Y.
COUNCIL "EIIIER HATHAWAY NOVED, AMO IT WAS SECONDED, TO APltROVE RESOLUTION NO.
53, $£RIES OF 1991.
Ayes:
Nays:
Mo t ion carried. Mr .
Council Members Koltay, Hathaw ;.y, Wiggins,
Cl1yton, Habenicht, Van Dyke
None
Close ·s term of office expires June 30 , 1995.
Bullock ,
(h) A resolution r eappointing Tom Burns to the Englewood Housing Au •
thort ty was considered. The resolution was assigned a number and read by
title:
RESOLUTION NO. 54 , SERIES OF 1991
A RESOLUTION RAT IFY ING THE REAPPOINTMENT OF TO M BURNS TO THE HO US ING AUTHORITY
OF THE CITY OF ENGLEWOOD , COLORADO
~DUNCIL K~BER HATHAWAY KOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO.
154, SERIES OF 1991.
Ayes :
Nay s :
Motion carried . Mr.
Council Members Koltay , Hath awa y. Wiggins.
Clayton. Habenicht, Van Dyke
None
Burns ' term of office expires July I. 1996 .
Bullock.
(i) A reso lut ion reappoin t ing Ron Lunders t o he Englewood l iq uor
Licensing Authority wa s cons i dered. The re solution wa s a ss igned a nu mber and
re ad by title :
Englewood City Counc i l Minutes
June 17, 1991 -Page 4
RESOL UTION NO . 55 , SERI ES OF 1991
A RES OLU TION REAP POI NTING RO N LUN DERS TO THE LI QU OR LICENSING AU TH OR llY FOR
THE CI TY OF EN GLEWOOD.
COUNCIL MEMBER HATHAWAY MOVED, ANO IT WAS SECONDED, TO APPROVE RESOLUTION NO .
55 , SE~IES OF 1991.
Ay es:
Na ys:
Moti on carried . Mr .
Cou nc i l Member s Koltay , Ha t ha way , Wiggin s, Bul lock,
Cl ay ton, Habe nic ht , Va n Dyke
No ne
lund e r s' ter m of offi ce ex p i re s August 4 , 1994 .
7 . Non -scheduled Visitors
There we re no non -scheduled v i s i tors.
8 . Coaiiunlcations and Proclamations
(a ) COUNCIL MEJIBER HATHAWAY MOVED, AND IT WAS SECONDED, TO ACCEPT THE
RESIGNATION OF CARDELL WEBSTER FROtl THE KEEP AMERICA BEAUTIFUL COHPUSSION.
Ayes: Council Members Ko 1 tay , Hat haway , Wigg ins, Bu 11 ock.
Clayton, Habeni c ht , Van Dyk e
Nays: None
Motion carri ed .
(b) COtllClL IIEIIIIEl BULLOCK lfflVED, AND IT IIAS SECOlllED, TO APPROVE THE
PROCLAMATION HONORING TlfE FIFTIETtt WEDDING ANNIVERSARY OF JANES ANO DOROTHY
TOTTON.
Ayes: Counc il Members Koltay, H1thawa y, Wiggi ns , Bullo ck .
Clayton , Haben i cht, Van Dy ke
Nays : None
Mot i on carr i ed . Best wi s hes were extended to the l ottons , bot h of whom a r ,
ac ti ve, i nvolved member s of the co11111un i ty.
9 . Public Hearing to consider an ame ndllK!nt to the I-1 Zone Di stri ct
Regulations.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC
HEARING.
Aye s :
Nay s:
Moti on carried .
Council Me mbers Koltay, Ha t h~way, Wiggins, Bull ock.
Clayton , Ha ben i c ht , Van Dyke
None
Di rec tor Wanush provided proof o f pub l ication that the notice of pu bli c hear -
ing was published ir, the Engl ewood Senti ne l on May 30. 1991. He requested
that the St aff Report and the Fi!1d i", • u ' r t relative o the public hearing
before the Pl a nning an d Zo ning r.f•n•· ,·. · •r . ~de a part of the r ecord o f th is
public hearing . He provided baL·..-, ··•· b rm ation relative t o the reco men -
dation delet i ng the wcrd "brewer) •p • ~,t l on 16 -4 -13(C)(3). I f approv ed ,
breweries wou l d no 11.,n!'· be f ,<, ,· u, a use in the l · l l ight Indu strial
District. Mr . Wan u,·r Li· rl'~ed th~ primary co nce rn to be addressed is wh e he r
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Englewood City Council N1nutes
June 17, 1991 -Page 5
a brewery in an 1-1 Zone District would be a nu is ance or an obnoxious neigh -
bo r . After investigating the issue, it is the opinion of staff and the Plan -
ning Commission that the use "brewery " would not be obnox ious. He a s sur ed
Cou ncil that should the use "brewery " be re111oved from th e list of ex c lud ed
uses , any brewery exceeding one acre would still require Co uncil approval as a
Plan ned Development; and Planned Development s must meet certain c r ite ri a. It
was poi nted out that this zon i ng change 1 s not s I te -s pec 1f i c . There is no
assurance that a brewery would actually become a reality , the change onl y
makes it a possibility . Addit ionall y, should a brewery/brew -pub wi sh to lo-
c a t e in the 1-1 Zone Dis trict , both State and local liquor l icensi ng approval
would be necessary.
Mr . and Mrs . Robert Jackson , 4600 South Huron Street , stated they objec ted to
th e change due to increased noise and traffic. They commented that the neigh -
bors t hey had spoken to also objected but were unable to come to t he meet i ng.
The procedure for li1uor licensing approval wa s d iscussed as were the traffi c
issues.
Elmer Jungck, 4606 South Mariposa Drive, stated he and his wife strongl y op -
posed the proposal of putt i ng I brewery into the Cedar Lu~ber building. An -
ticipated production , incr·eased truck traffic, and possible odor problems were
discussed in depth .
Richard Squ ire , Breck enridge Brewery , Breckenridge, Colorado , offered lnforma•
tion concerning the brewery bus i ness and his potential locat i on in the Cedar
l umber building. Water quality , production quantities and traffic voluine were
explained.
No other conrnents were offered concerning the pro posed change to the 1-1 Zone
District list of excluded uses.
COUNCIL MENBER KOLTAY MOYED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING.
Ayes: Council Member s Ko l tay, Hathaway , Wigg i ns , Bullock ,
Cl ayton, Habenicht , Van Dyke
Hays: Hone
Motion carried .
10 . Approval on Second Reading
Co uncil MP.m ber Haben i cht requested that Agenda Item s !O(b) and IO(c) be ad-
dressed i ndividually. Therefore, it was decided to address sep ar ately each
i tem under this sect i on .
(a) COUNCIL "EMBER BULLOCK HOYED, AND IT WAS SECONDED, TO APPROVE AGEN-
DA ITEH lO(a) -COUNCIL BILL NO. 36, ENTITLED:
A BILL FOR AN ORDINANCE HEREBY ANENDING TITLE I, CHAPTER 7, SECTION 2, ENGLE -
WOOD NUNJCIPAL COt,E 1985 PERTAINING TO JURISDICTION-POWER OF THE ENGLEWOOD
MUNICIPAL COURT.
Aye s:
Nay s:
Council Me mbers Kolta y , Ha th aw ay , Wiggi ns. Bul l ocl.
Cla yto n, Hab enicht, Van Dyke
None
EnglMft>Od City Council "inutes
June 17, 1991 -Page 6
Hotion carried. Council Bi ll No . 36 is des ig nated as Ordinance No. 36, Seri e s
1991.
(b) COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECOHDED, TO APP!IOVE
AGENOA ITEM JO(b) -COUNCIL BILL NO. 41, ENTITLED:
A BILL FOR AH ORDINANCE APPROVING A111 AUTHORIZING THE EXECUTION OF AN INl'ER -
GOVERIIIOOAL COOPEIATION AGREEMENT WITH ARAPAHOE COUNTY RELATING TO THE CON-
DUCT OF CONNUNITY DEVELO'"ENT BLOCK GRANT PROGRAMS FOR FEDERAL FISCAL YEARS
1992 THROU6H 1994.
Cou nci l Member Habenicht requested confirmati on from Director Wanush that the
percentages Englewood would receive under this contract would remain the same
for each of the three years of the contract. Hr . Wanush affirmed they would.
Vote results:
Ayes :
Nays :
Motion carried.
1991 .
Council Members Koltay , Hathaway, Wiggi n. f,••1l ock,
Clayton, Habenicht, Van Dyke
None
Council Bill No. 41 is designated as Ord in ance No. 37, Serles
(c) COUNCIL NENBER HATHAWAY IIOVED, AND IT WAS SECONDED, TO 11 c ·,ROVE
AGENDA ITEM lO(c} • COUNCIL BILL flO. 42, ENTITLED:
AH ORDINANCE NIENDINI TITLE 16, CHAPTER 4, SECTION C., SUBSECTION 3, OF THE
ENGLEWOOD MUNICIPAL COOE 19B5, BY DELETING THE TERN BREIIERY ANO DECLARING AN
EMERGENCY.
[Clerk 's Note: lhis Council Bill di d not receive unanimous ap pr oval at
the June 3, 1991, Englewood City Council meeting. Therefore, it is not
considered an e111ergency ordinance as the title indicates.]
Council Member Habenicht stated she would be voting agains t approval of Coun-
ci l Bill No. 42 as she feels there is potential for an adverse impact on the
residents close to the 1-1 Zone District. She stated the zoning ordinance
currently facilitates busines~ and serves to protect the r e s idential quality
of the community, and that Counci l has a co mm itm ent to both.
Council Member Hathaway stated she wi ll vote for Council Bill No. 42 , that It
Is important to keep in mind approval is not site-specific but use-speci fie.
To not approve it is counterproductive to Englewood's economic deve 1 opment
efforts.
Cou nc i l Member Clayton coll'lllent ~d upon the l ist of uses excluded from the l-1
Zo n District , most of wh i ch are the kind of th i ngs which would no be we co me
an ywhere i n the co1m1 unity . He does not feel t he use "brewery • falls into the
s ame category. He strongly sp oke abo ut the need to encourage ,·es po nsi bl e
business pe opl e wh o are wi l l ing to ris k t heir fut ur e i n thi s communi y.
Counci l Member Bull oc k, s peaking to the Jack son s and th e Jungck s . spo ke abo ul
e po ssi bil ity of "favorable cohabitation," s tat i ng t heir concerns can lie
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Englewood C1ty Cr.unc11 Ntnutes
June 17, 1991 • r a1 e 7
overcome . He expla i ned he would be voting in favor of Co un c i l Bill No . 42.
but he assured the Jacksons dnd the Jungcks he would do every thi ng pos s ible t o
placate their concerns and ,,eeds .
Coun ci l Member Habenicht wi shed the record to r~flec t that sh e does encourage
new bus i ness ; however, she ma i ntained that th is "parti cular bu s i nes s in thi s
par ti cu l~•-lo~at i on would put a hardship on the property ow ners and citizens
who 1 i v~ i n o.i r· corrmun i t y . •
Vot e res ul -,:
Ayes ;
Nays:
Motion carried .
1991 .
Council Members Koltay , Ha haway , Wiggins. Bullock,
Clayton, Van Dyke
Counc i l Member Haben i cht
Council Bill No . 42 is designated as Ordinance No. 38, Ser i es
Mr . Jungck brought to Counc i l 's attention the heavy traffic , excessive speed
and potential of injury due to children sitting on the Big Ory Creek Bridge .
Mayor Van Dyke requested that staff review t he traffic concerns in that par-
ticular area. Hr. Ju ngck also connented on the dumping of cedar s hingles on
Windermere. Director Wanush explained this was a tem 9orary recycling process,
the operation of which has been approved by the Fire Oivision.
11 . Public Feria to gather input frOffl citizens regarding the developi11ent of
the 1992 budget.
OUNC JL MENIER CLAYTON NOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC FORU".
Ayes : Council Members Koltay, Hathaway , Wiggins , Bullock,
Clay t •n , Haben i cht , Van Dyke
Nays: None
Motion carr ied .
Ci ty Manage r Fraser expla i ned the publ i c forum is being held to provide
citizens an oppo rt unity to co111nent on the 1992 budget pr ior to any formali zed
budget reco11111enda t ions. The public forum precedes the p~~l i c hea r ing r equired
by Charter which i s scheduled for September 16 , 1991.
Jo hn Peter son , 39 63 South Che r okee Street , Chairman of the Englewo od Publ i c
Li brary Adv is ory Board , appeared on behalf of the Library Board. He in fo rmed
Council tha t the Bo ar d has been advised that th e City Mana ge r ha s req ue s t ed
the Libra r y , al ong with other City departments , to sub mit budget s fo r I 992
based on 97i of t he c urrent 1991 budget . He advis ed Coun c i l that the Library
Board un an imously pa ss ed a motion opposed t o the "man datory 3% r eductio n" of
Li brary f unds . He stated a reso l ution expre ssing t he Boa r d 's con ce rn s wi l l be
pre se nted t o Coun ci l pri or to the budgeting pro ce s s . He highlight ed th e se r -
v ic e s pro v i ded by t he Library and st ated t hat if Eng l ew oo d want s t o at t r ac t
and r eta in new fa milies and bu s inesses , qua 1 ity l ibrary serv i ces ar e ess en -
tial. He conc l ud ed by exp re ss i ng appre c i ation fo r Co uncil 's app r ova l of l he
pur cha s e of th e new bookmob il e .
There wer e no other c i ti zens wh o wi s hed to s peak concerni ng th e 1992 budget .
Englewood City Council N nutes
June 17, 1991 -Page 8
COUNCIL NENBER HATHAWAY NOVED, ANO IT WAS SECONOE~, TO CLOSE THE PUBLIC FORUN.
Ayes : Counc i\ Members Koltay, Hathaway, Wiggin s, Bull oc k.
Cla yt.on , Habenicht, Van Dyke
Nays : Noni!
Motion carried .
12. Ordinances, Resolutions and "otions
(a) Dana r.1~zler , Wast P Ha nagement Coordinator , r resented a re commenda -
t ion from the Dr •rtment of Comunity Development co nc erning the Keep America
Beautiful Commh .:ic.•n. Mr. Glaz i er explained the Comlssion wi shed to be i den -
tified as the "Englewood Clean, Green 1nd Pro ud Co11111ission " in an effort to
reflect the Co11111iss1on 's goals and to better distinguish En g lewood 's commis -
sion fr0111 the majority of other Keep Amer i ca Beautiful co mmi ssions . The
resolution was assigned a number and read by title:
RESOLUTION NO . 56, SERIES OF 1991
A RESOLUTION AUTHORIZING THE KEEP AMERICA BEAUTIFUL COMf11SSION OF THE CITY OF
ENGLEWOOD TO USE THE DESCRIPTION "THE ENGLEWOOD CLEAN , GREEN AND PROUD
COMHISS ION .•
COUNCIL NDIBER HATHAWAY PIOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO.
56, SERIES OF 1991.
Ayes :
Nays :
Hott on carried.
Council Member s Koltay, Hathaway , Wigg i ns, Bull ock ,
Clayton, Habenicht, Van Dyke
None
(b) Dana Glazier, Waste Management Coordinator, presented a reco1TVTie nda -
l lo n from the Department of Conwnunity Development to approve a resolution es-
tablishing five subco11111ittees within the Englewood Clean, Green and Proud Com -
mission . lhose subco1m11t tees were identified as:
I. Municipal Solid Waste Co11111ittee
2 . Adopt -a -S pot and Beautification Committee
3. Ed ucation Comm i ttee
4. Fund Ra i sing Committee
5. Public Relations Committee
Discu ss i on ensued con cerning the var ious subcommittees. I t wa s clarified that
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Counc i 1 approval of these subcorrrnlt tees is re qui red to conform with the re-
qu i rements set forth i n Ord i nance No . 50 , Series of 1990 ; f urther, t hat Co un -I
ell 's author i ty in this matter is not be i ng dim i ni shed as the Commissio n will
be wor king within the guid el in es provided by Coun cil. The resolution was as -
s igne d a number and read by tit le :
RESOLUT IO N NO. 57 , SERIES OF 1991
A RESOLUTIO N ESTABLISH ING FI VE SUBCOMMITT EES OF THE [N GLEWOOD EEP AM£RI CA
BEAU TI FU L COMMIS SION .
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Engl.wood Ctty Council Ntnutes
June 17, 1991 -Page 9
COUNCIL NENBER HATHAlfflY IIOYEO, AND IT VAS SECONDED, TO APPROVE RESOLUTION NO.
57, SERIES OF 1991.
Ayes:
Nays:
Motion carried .
Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
None
(c) Director Wanush preser,ted a reco11111endatlon from the Oepar ment of
Co11111unity Development to approve a resolution and agreement with three lo cal
t r ash haulers In conjunction with the Recycl i ng Pilot Program . Hr. Wanust1
informed Council the pilot program wi l l cormience July I, 1991 , and will be in
effect for six months. The resolution would allow the City to enter into
three separate contracts with Waste Manager of Denver South, Browning-Ferris
Industries, and Laidlaw Waste Systems, Inc. The resolution was assigned a
nu~ber and read by title:
RESOLUTION ND. 58, SERIES OF 1991
A RESOLUTION APPROVING THREE (3) AGREEMENTS WITH PARTICIPATING HAULERS IN OR ·
DER TO IMPLEMENT THE ENGLEWOOD RECYCLING PILOT PROGRAM .
COUNCIL NENBER HATHMIAY IIOVED, AND IT VAS SECONDED, TO APPROVE RESOLUTION NO.
58, SERIES OF 1991.
There was brief discussion relative to the grant 1110n i es which are funding this
program, and it was confirmed that the pilot program is not being funded by
the City of Englewood. It is hoped that the progr111 will lead to substantial
waste reduction, and that the 1nfonnation garnered through the program can be
shared with other conaunities for their recycling efforts.
Vote results :
Ayes:
Nays :
Motion carried.
Counc il Members Koltay , Hathaway, Wig gins, Bullock,
c1.,ton, Haben i cht, Van Oyke
None
(d ) Director Wanush presented a reco1M1endation from the Planning and
Zoning Co1111dssion to adopt a bill for an ord i nance approv i ng the zoning of
newly ann exed land. Mr . Wanush informed Council that the Planning and Zoning
Commission held a public hear i ng on this matter on June 4 , 1991. The re com -
mendation from the Co11111 is sion is for Council to appro ve on f 'rst reading th e
zon i ng set forth in Council Bil l No . 44 and to set a publ i c hear i ng for July
15 , 1991, to cons i der any co1M1ents offered by the public prior to the second
reading of the council bill. The City Clerk was asked to read Coun c il Bill
No. 44 , entitled:
COUNCIL BILL NO. 44 , INTROOUCEO BY COUNCI L MEMBER WIGGIN S
A BILL FOR AN ORDINANCE ZONING PROPERTIES AN EXEO TO THE CI TY OF ENGLEWOOD .
COUNCIL 11E11BER WIGGINS 110VED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
l l(d) -COUNCIL BILL NO. 44, SERIES OF 1991.
Englewood City Codncll M~nuta5
Jun• l ., l ~l · ?i 91 10
Ayes:
Nays:
Motion carried .
Council Me111bers Koltay, Hathaway , Wiggins, Bullock,
Cl ayt on, Habenicht , Va n Dyke
None
COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO SET A PUBLIC HEARING FOR
JULY 15, 1991 AT 7:30 P.H., TO CONSIDER ZONING DESIGNATION FOR T~E NEWLY AN-
NEXED PROPERTY TO THE CITY OF ENGLEWOOD, COLORADO.
Ayes : Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Nays : No ne
Motion carried .
(e) Director Fonda presented a reco111111endation from the Englewood Waler
and Sewer Board to approve an agreement with Drake Contractors for bo ring and
encasing a water li ne at U.S. 28S and Santa Fe. Hr. Fonda e~plained th is en-
caseme nt will provide a loop connection for two existing lines. Two bid pro-
posals were rece i ved , with Drake Contractors submitting the low bid of
$23,800.
COUNCIL NEMER BULLOCK MOVED, AND IT WAS SECOIIIED, TO APPROVE THE AWARD OF BID
FOl T1IE ll011• -EIICASING OF A IIATEl LINE UIDEl THE ON-RMP AT U.S. 285 AND
SANTA FE IN THE NIOtlNT OF $23,800.
Befo re voting , there was brief discussion concerning the ultimate re!pon-
slblHty of lllndsuplng or asphalt restoration. Mr. Fonda confirmed there
should be no asphalt restoration required and that there ;s little if any
landscaping. However, the ulti11&te responsibility will rest with the City.
City Manager Fraser offered to provide Counc il with more Information concern-
ing the scheduling and completion of this project .
Votl! results:
Ayes :
Na y;:
Motion carried .
Council Members Koltay, Hathaway , Wiggins, Bu ! ock,
Clayton, Habenicht, Van Dyke
None
(f) Director Fonda presented a recommendat i on from the Utilities De-
partment to adopt a b i ll for an ord in ance approving five easements from the
Southgate San i tation District 81g Dry Creek Interceptor Easement along South
Platte Ri ver Dr ive. The City Clerk was asked to read Council Bill No . 39 ,
ent\tleo:
CO UNCIL BILL NO. 39, INTROD UC ED BY COUNCIL MEM BER HATHAWA Y
A BILL FOR AN ORD INANCE APPROVING FIVE EASEMENTS FOR TH E SOUT HGATE SANITA TI ON
DISTRICT BIG DRY CREEK INT ERCEPTOR EASEMENT ALONG SOUTH PLATTE RIVE R DR IVE .
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
l l(f) -COUNCIL BILL NO. 39 .
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Englewood ctty Council Ntnutes
June 17, 1991 -Page 11
Ayes:
Nays:
Motion carried.
Council Me11bers Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
None
(g) Director Esterly presented a recommendation from the Department o f
Public Works to enter into a contract with Kahn and Company for re pla cem en t of
the carpet in the library, utilizing Milliken Modu l ar Carpet at a co s t no t o
exceed $79,250. Hr . Esterly explained this was a negotiated amount whi ch is
less than the local contractor was able to provide. Discus sion ensued rela -
tive to the floor preparation and project contingencies. Hr . Fraser advised
that it should not be assumed the extra money would be spent . At this point
it is not possible to determine the condition of the floor under the cu r rent
carpet; any remaining monies will be returned to the General Fund .
COUNCIL NENBER HABENICHT NOYED, ANO IT IIAS SECOflOED, TO AUTHORIZE THE CITY
NANA&ER TO ENTER INTO A CONTRACT WITH KAHN AND CON,ANY, DENVER, COLORADO, FOR
MILLIKEN All) COMPANY, LA&RAN6E, &EOR&IA, FOR PROYIDIN& ANO INSTALLIN& MILLIKEN
MODULAR CARPET IN THE EN&LDIOOO LIBRARY, THE MOUNT NOT TO EXCEED $79,250.
Council Member Koltay expressed concern over the manner in which bid requests
are occasionally structured, resulting in sole source contracts.
Vote results:
Ayes:
Nays:
Motion carried.
Council Members Koltay, Hathaway, Wiggins , Bulloc k,
Clayton, Habenicht, Van Dyke
None
{h) COUNCIL NENBER CLAYTON NOYED, AND IT WAS SECONDED, TO TABLE AGENDA
ITEN 12 (h) RELATIN& TO THE JIICLUSION OF VOLUNTARY CONCRETE PROPERTIES INTO
PAYING DISTRICT NO. 34/CONCRETE REPLACEMENT DISTRICT 1991.
Ayes: Council Hetwbers Kolhy , Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Nays: None
Hotion carried.
(i) Director Hayes presented a reconnendation from th e Department of
Financial Services to adopt a resolution providing for the Notice of Sale of
Special As sessment Bonds for Paving District No. 34/Con crete Replace me nt Dis-
tri c t No. 1991 . Hs . Hayes provided informati on relative to bond st ructure,
schedule, and size which has been set at S370 ,000 . The esti mate d i nt erest
rate and bond rating were explained by Hs. Hayes. Th e resolution was assigned
a number and read by t i tle :
RESOLUTION NO. 59, SERIES OF 1991
A RESOLUTION PROVIDING FOR THE NOTICE OF SALE OF SPECIAL ASSESSMEN T BOND S OF
THE CITY OF ENGLEWOOD, COLORADO , FOR PAVING DISTRICT NO. 34 /C ON CRETE REPLA CE-
MENT DISTRICT NO . 1991, I N THE PRINCIPAL AHDUN T OF S370 ,000 AND PROVIDING FOR
THE PUBLICATION AND HAILING OF THE NOTICE.
Englewood C1ty Council "1nutes
June 17, 1991 -Page 12
COUNCIL MEHIER KOLTAY MOVED, AND IT WAS SECONDED, TO AP P~OVE RESOLUTION NO.
59, SERIES OF 1g91.
Ayes:
Nays :
Hollon carried .
Council Members Koltay, Hathaway , Wiggins, Bullock ,
., yton, Habenich t, Van DykP
l'i one
(j) City Attorney ~'Witt presented a recollllll!ndat 1on to adop t a bill for
an ordinance amending th~ t nglewood Municipal Code relating to the impoundment
o f motor vehiclEs. Mr. DeWitt e><plained the amend111ent h necessary as a
result of the reorganization previously approved by Council and to provide
Code Enforcement Officers enforcement authority. The City Clerk was asked to
read Counci l 8111 No. 43, entitled :
COUNCIL BILL NO . 43 , INTRODUCED BY COUNCIL MEMBER CLAYTON
A BILL FOR AN ORDINANCE AMENDING TITLE 11, CHAPTER IA, SECTIONS 2 AND 3 ,
RELATING TO THE IHPOUNOHENT OF MOTOR VEHICLES .
COUNCIL MENIER CLAYTON l'<;>Y£D, AND IT lfAS SECOll)EO, TO APPROVE AGENDA ITEPI
l l(j) -COUNCIL llll NO. 43.
Ayes: Council Metllbers Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Nays: None
Motion carried.
13. General Discussion
(a) Mayor's Choice
( i) "ayor Van Dyke proposed I r e so l ut Ion support Ing the United
States Conference of Mayors in 1ts atte1111>t to 1110dify current laws regarding
federal emergency planning and response assistance. The resolutton was ass ig-
ne d a number and read in its entirety .
RESOLUTION NO. 60, SERIES OF 1991
NAVOR VAJi DYICE MOVED, ANO IT WAS SECONDED, TO APPROVE RESOLUTION NO. 60,
SERIES OF 1991.
Aye s:
Nay s:
Motion carried.
Council Members Koltay, Hathaway, Wiggins. Bullock ,
Clayton, Habenicht, Van Dyke
None
(bl Cou ncil Mem ber 's Cho ice
( i) Co unc il Member Bullock pr op osed a re solution author i zing a
memori al contribution to the R. Craig Nelson Me morial Fund . The amo unt o f
SI ,500 was inserted in the fifth Where as . Mr. Bullock poin ed ou t t11at r .
Nel so n was a uniformed officer who died while in serv ic e and on duty for t he
Cit . and he maintained that this contribution would nol set a particular pre -
ced ence . The resolution was as s ign ed a number and read by title:
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Engl.wood City Council N1nutes
June 17, 1991 -Page 13
RESOLUTION NO. 61, SERIES OF 1991
A RESOLUTION AUTHORIZING A MEMORIAL CONTRIBUTION TO T~E R. CRAIG NELSON HEHO -
RIAL FUND .
COUNCIL NElllER BULLOCK NOVED, AND IT WAS SECOlllED, TO APPROVE RESOLUTION NO.
61, SERIES OF 1991.
Council Member Koltay explained he had suggested tabling this item at the last
meeting with the objective of further discussion at a study session . He of-
fered the opin i on that such a contribution oes set a precedence. He urged
that Ct,unc11 adopt a policy on how such contributions should be made.
Council Member Bullock countered that a general policy need not be adopted,
that this gesture 1s a "one-time deal in a unique situation."
Council Member Clayton d fered i nformation concern Ing the benef it s provided
for all employees, and he stated he did not feel it appropriate for Council to
be discussing this Issue at this time.
COUNCIL NEMER CLAYTON NOVED, AND IT WAS SECOll>ED, TO TABLE lll>EFINITELY AGEN-
DA ITEM 13(b)(1) -RESOLUTION NO . 61, SERIES OF 1991.
Ayes: Council Mellber Clayton, Habenicht, Van Dyke
Nays : Countil Metll>er Koltay, Hathaway , Wiggins , Bullock
Motion defeated . Discus s ion continued.
':ouncil Member Wiggins inquired about the total compensation benefits as a
result of Mr. Nelson's death . City Manager fraser explained that the ent i tle-
ments have not been totally deten11ined. Hr: offered to share that information
with Council when a determination has been reached.
Council Hember Habenicht inquired about staff 's position concerning such a
contribution. Hr . Fraser stated that generally staff had indicated such ac-
tion may be Inappropriate , that should Council do something of this nature, it
ought to be as part of the overall review of the compensat i on plan. Hr .
Fraser reminded Council that they are the decision makers on compensation for
400 to 500 employees and such a decision , regardless of how i t is termed , doe s
set a precedence in terms of expectation and policy .
Council Member Habenicht offered that this is an emotional Issue which Is d i f -
ficult to deal with on an I nte llectual level , and even thou gh sh e is uncom-
fortable voting no, she feels it is i n the best interest of e veryone not t o
approve Resolution No. 61. Concerning the contribution made by Ch erry Hi lls
Vi llage. she feels i t is a testimony to ou r commun i ty and t o t he serv i ces we
prov i de. and the contribut i on should be vi ewed a s a tr i bute to al l Englewood
of fi ce rs and in part i cular to Hr . Nelson and his f ami ly .
COUNCIL HEHBER KOLTAY HOVED, AND IT WAS SECONDED, TO TABLE RE~OLUTION NO. 61,
SERIES OF 1991.
Aye s:
Na ys :
Cou ncil Me mbe r Kolt ay , Hat haway, Clayt on , Hab enic ht.
Van Dyk e
Coun c il Member Wigg in s . Bullo c k
tn~l~ City Council "inutts
June 17, 1991 -Page 14
Hoti on c arried.
(ii) Council Member Clayton proposed a resolution in di ~ating En-
glewood 's support for the National Education Goals for the children of thP. I
City of Englewood. He strongly urged support of th e se goals and th e par -
t icipat Ion of Council i n conjunction with the School Board toward the accom -
plishment of the goals. The resolution was assigned a number and read by
t Hle:
RESOLUTION NO . 62, SERIES OF 1991
A RESOLUTION SUPPORTING THE NATIONAL EDUCATION GOALS FOR THE CHILDREN OF TH E
CITY OF ENGLEWOOD.
COUNCIL "EIIBER CLAYTON "OVED, ANO IT WAS SECONDED, TO APPROVE RESOLUTION NO.
62, SERIES OF 1991.
Council Member Wiggins, who participated in the vi deo te let hon earlier thi~
evening , stated the meeting was well attended; he concurred with Hr . Clayton's
strong support of the National Education Goals.
Vot.? results :
Ayes:
Nays:
Motion carried.
Council Melllbers Kolliy, Hathaway , Wiggi ns , Bullo ck,
Clayton, Habenicnt, Van Dyke
None
(Clerk's not P.: The following list i ng of Council Me~ber 's Choice does not
necessarily reflect the order in which they were made .]
(Iii} Council Member Bullock:
I. He requested that Council Bill No . 38 regard i ng the el~ct1on of the Mayor
by popular vote be on the July 1, 1991 agenda .
2. He requested th•t the council bill regard Ing the Buil d · n<, Code be on the
July 1, 1991 agenda. On the same matter, he co11111ented upo n ·. ·,e article which
appeared In the June 13th issue of the Englewood Sentinel ~••ting he was In-
accurately quoted. Further, i t was not his intent to cause ndue hardship in
the Bu il ding Divis i on . He urged expediency 1n resolv i ng this issue.
3. He advised Council of the upcoming "Marjor ie Pag ~ Da y,· lul y 7th at 5:00
p .m .. and he requested t o represent the City at that f unction. Ma yor Van Dyke
agreed to this represent ation .
4 . He reque sted tha all Colorado Municipal League at tendees remain for a
few min utes af ter ad jou rn me nt.
(iv) Counc i l Me mber Cl ayton:
I. COUNCIL KEHBER CLAYTON KOVED, ANO IT WAS SECONDED, TO APPROVE THE AGREE -
MENT WllH TROOP 92 FOR THE USE OF CENTENNIAL LAKE.
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Englewood C1ty Council Minutes
Jun, 17, 1991 -Page 15
Ayes: Council Members Koltay, Hathaway , Bullock , Clayton.
Habenicht, Yan Dyke
Nays: Council Meniler Wiggins
Motion carried. Council Member Wiggins explained his "nay" vote was due to
being inforMd that some members of the Parks and Recreation Cofll!lission were
not In favor of this agreement . Council Member Clayton countered that the
Comm i ssion had not taken a vote concerning this item.
2 . He provided an update on the American Communities for Cleanup Equity
(ACCE) meeting which he will attend in Washington, D.C. on June 25 , 1991 .
City Attorney DeWitt provided add i tional Information concerning ACCE 's leg i s -
1 at i ve efforts.
(v) Council Member Habenicht :
1 . She mentioned that Ken Waechter had expressed safety concerns over cer -
tain amendments to the Code, approved in 1989, which now permits the l i censing
of ice cream vendor trucks. Ms . Habenicht asked that staff look into the i s-
sue to determine if It has presented a safety problem. Based on th~t i nforma-
tion, It ~ay be necessary for Council to reevaluate the Code provision .
2. She requested that staff look into providing clear markings of lane s on
the exit ramp of West U.S. 285 up to Broadway.
3. She c0111p1i11ented staff on recent issues of The Citizen and Pipeline as
being very informative.
(vi) Council Member Wiggins:
1 . He inquired tf the "report officers• were now on duty in Safety Services ;
he "'u 1nfon11ed they were and are referred to u "Pol ice Desk Officers ."
2. He requested that the turn slot at Oxford and Broadway be painted .
3 . He Inqu i red about the Ol son lawsuit . Mr . DeWitt br i efly responded .
4 . He advised Counc 11 of the we 11 -attended mus i ca 1 performances staged by
the Downtown Development Authority in the Plaza.
S. He asked about the acqu i s i tion of the South Driv e -in pr operty ; he sugge s -
ted we move forward on this . South Suburban 's plans were briefly discussed .
(v ii) Council Me mber Hathaway :
1. She pass ed on comp l imentary conrnents of Barry Col eman reg ardi ng t he Ci ty
sending City Ma nager Fraser to meet wi th th e owner s of Cin de rella Ci t y regard -
i ng its future op era t ion s .
2 . She i nfo rm ed Coun c il tha t the Engl ewoo d Down town Develo pment Au horit l s
consi dering fu nd s fo r public re s troom s in t he Pl aza are a .
Englewood Ctty Council N1nutes
June 17, 1991 -Page 16
3. She fnfonned Council that Denver Regional Council of Governments is hold -
ing a public hearing on June 25 , 1991 concerning the MAC proposal; she re -
ques ted confirmation that Englewood's position remains the s ame; If not, she
requested additional input. Council Member Habenicht indicated she would like to discuss changing the City's position.
14. City Manager's Report
(a) Hr. Fraser I nformed Council there Is no scheduled s• · ·y session the week of June 25th.
(b) Hr. Fraser advised Counci l he would be submitting a wr i tten repor t
on the outcome of the meetings with KRAVCO reg ard! ng Ci ndere·, la C Hy .
(c) He Informed Council that Public Service Company of Colorado has
agreed to let the City of Englewood utilize Jim Chambers for the next 12 to 18
months . Hr. Chambers will be assisting the City in its economic development efforts.
(d j He announced that there will be a tour of the Breckenridge Brewery
fo r those persons attending Colorado Municipal League. The tour is scheduled for Frtday at 11:30 a.m.
(e) He mentioned the "Gotcha" program as outlined in the last issue of
The Citizen. He feels this progrui will have a positive influence wi thin the city organization.
15. City Attorney's Report
(a) Hr. DeWitt advised that Council Li ll No . 37, tabled at the June 3rd
meeting, will be on the July 1st 1gend11. l ,e bill concerns an agre ement for
exchange of certain properties with the State Highway Department .
16 . AdjourMent
COUNCIL MEMBER KOLTAY MOVED TO ADJOURN, The meetin ~ adjourned at 10 :17 o.m .
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