Loading...
HomeMy WebLinkAbout1991-07-01 (Regular) Meeting MinutesI I I. Ca 11 to Order ENGLEWOOD CI TY COUNCIL l:16LEWOOO, ARAPAHOE COUNTY, CO 0RAOO Re ular Session July 1, 1991 The regular meeting of the Englewood C1ty Counc11 was called to order by Mayor Van Dyke at 7 :35 p.m . 2 . Invocation The invoc ation was given by Council Member Bullock . 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Van Dyke. 4. Roll Cal.1_ Present : Absent : A r.,orum was prtsent. A 1 so presen t: 5 . Minutes Council Members Hathaway , Koltay, Wigg ins , Bullock . Clayton, Habenicht, Yan Dyke None City Manager Fraser Assistant City Manager Hartin City Attorney DeWitt City Cl erk Crow Director Hayes, Financial Serv ices Director Esterly , Public Works EKecutive Officer Olson , Safety Serv ices Ben Greene, EMS Coordinator , Safety Servi ce s Director Fonda , Utilities Di r ector Wanush , Colll!lunity Dev e lop men t (a ) COtJtCJL "EMBER Vl66INS NOVED, AHO IT WAS SECOHOEO, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 17, 1991, Ayes : Counci l Members Ko l tay , Hathaway , Wi ggin s. Bul l ock , Clayton , Haben i cht , Van Dyke Na ys: None Hotion c a r r ied. 6 . Pre-scheduled Vis itors Englewood Ctty Council Minutes July l, 19111 -Page 2 {a) Hark SeJ<ton, 1511 East Dartmouth Avenue . wa s not pr esen t as sc heduled. (City Manager Fraser expla i ned later In the meet i ng t hat s taff had met with Hr . Sexton In an a tempt to address the traffl c co nc erns a t East Dartmouth and South Humboldt area.) lb) Massage Therapist Wendy Sinclair, Sue Jernigan Tierne y, and Susan Jackson addressed Council relative to Agenda Item 12(a){i i) con c erning ma ssag e t herapy. They presented a united concern that the current ma ss ag e c ode prov i - si on s be amended to permit the 1 icensing of legit i mate ma ssage t herapis t s. Discu s sion ensued relative to the proposed amendments . MYOP. VAN DYKE NOVED, A.IID IT WAS SECOfl)EO, TO BRING FORWARD AGENDA ITEM 12(a)(1 I). Ayes : Nays: Council Members Koltay , Hathaway , Wi ggi n s, Bullock. Clayton , Habenicht , Van Dyke None Motion carr i ed. The City Clerk was asked to read Council Bill No. 52 , entitled: COUNCIL Bill NO . S2, INTRODUCED BY MAYOR VAN DYKE A BILL FOR AN ORDINANCE AMENDING TITLES, CHAPTERS, ENGLEWOOD MUNICIPAL CODE OF 1985 TO ESTABLISH STRINGENT REQUIREMENTS FOR THE OPERATION OF MASSAGE THERAPY CLINICS AND THE REGULATION OF THE PROFESSION IN ENGLEWOOD. NAVOR VAN DYKE NOVED, AN> IT WAS SECotl>ED, TO MENO THE DEFINITION OF MASSAGE IN SECTION 5-5-2 R.EPLACIN6 TitE WORD "PARTS" WITH THE IIORD "TISSUE,• Hr. DeWitt offered information relative to the word "PARTS " and suggested it not be changed. Vote results: Ayes : Nays : Council Members Ko l tay, Hathaway, Wi gg i n s, Bull oc k , Clayton , Haben i cht, Van Dyke None Ho llon c arried . COUNCIL MENIER CLAYTON MOVED, AND 1T WAS SECONDED, TO MEND SECTION 5-5 -8 -C TO REAO: c. BONO REQUIRED. WITH THE APPLICATION, THE APPLICANT SHALL POST A $2,500 CASH BOND. THE CASH BOND SHALL BE HELD FOR ONE YEAR, ANO If ALL PROVISIONS OF THE NAS$AG[ THERAPY CODE ARE COMPLIED WITH, THEN THE CASH BOND SHALL BE RETURNED. IF NOT COJIPLIEO WITH, AS DETER- MINED BY THE UCENSJ: ifUTHORJTY, THE LICP.tSE SHALL AUTO" CALLY TERMINATE AND TME B ELO. THE CASH BONO SHALL BE RETURNED WITH INTEREST AT A REASONABLE RATE NOT TO EXCEED THE RATE PAJO FOR PASS - !300K SAVINGS BY ENGLEWOOD BANKS. [u nderlined wo1·d s d e no add i - ti ona l verb i age] Vo te resu ts : I I I I Englewood Ctty Council Ntnutes July 1, 1991 -Page 3 Ayes: Nays : Motion carried. Council Members Koltay, Hathaway, Wiggins, Bullock. Clayton, Habenicht, Van Dyke None COUNCIL MEMIER KOLTAY IIOVED, AND IT WAS SECONDED, TO AIIENO 5-5-8-C REDUCING THE AIIOUNT Of lotl> REQUIRED TO $1,000. City Manager Fraser offered i nformation concerning the historic nature of the massage parlor code. He urged, and City Attorney DeWitt concurred , tha t the bond not be lowered given the difficulties Englewood has exper ience d in the past with massage parlor operations. He stressed that the bond , plus Inter- est , is returnable af er one year for licensed therapy clinics who comply with all provisions of the Massage Therapy Code. After further discussion , the vote results were: Ayes : Council Members Koltay, Bullock , Van Dyke Nays: Council Members Hathaway, Wiggins, Clayton , Habenicht Motion to a~end defeated. Mayor Van Dyke commented that the Council Bill provides I window of opportun i- ty for legitimate massage therapists. Vote results on 1pproval of Council Bill No. 52 1s aMnded: Ayes: Council Hetabers Kolt1Y, H1thn1y, Wiggins, Bullock , Clayton, Habenicht, Yan Dyke Nays: None Ho tt on carried. (c) Richard G. Caldwell, representing Radio Property Ventures , ad - dres-sed Agenda Item ll(g), the lease agrel!llll!nt between KQXI Radio and the BI - CI t) Wastewater Treatment Plant. He urged approva 1 of the agreement wh I ch relocates KQXl's operation from the northeast corner to the southeast corner of the Bi-City property . COUfjf.lL "ENIER CLAYTON IIOVED, AND IT VAS SECONDED, TO BRING FORWARD AGENDA ITE" ll(g). Ayes : Nays : Motion car ried. Council Membe rs Koltay , Hathaway , Wiggin s, Bullo ck , Clayton, Habenicht , Van Dyke None The City Clerk was asked to read Council B111 No . 49, entitled : COUNCIL BILL NO. 49 , INlROOUC[n BY COU NCIL MEMBER CLAYTON A B!Ll FOR AN ORDINANC E APPROVING A LEASE AGREEMENT BE TWEEN THE CITY OF ENGLE - WOOD , COLORADO ; THE CIT Y OF LITTLETON , COLORAOO; AND RADIO PROPER TY VENTURE S FOR THE DEMISE OF PROPERTY SI TUATED WITHIN THE BOUNDARIES OF TH E I-CIT WASTE WATE R TREATMENT PLAHT FOR THE PURPOSE OF RA DIO TRANSMISSION . Englewood City Council N1nutes July 1, 1991 -Page 4 COUNCIL NEMBER CLAYTON IIOVED, ANO IT WAS SECONDED, TO APPROVE AGENDA ITEM ll(g) -COUNCIL BILL NO. 49. f\yes: Council Members Koltay, Hathaway , Wigg ins, Bu 11 ock, Nays : None Clayton, Habenicht, Van Dyke I Motion carried . City Attorney DeWitt expressed appreciation to Mr . Caldwell for t he cooperation received from the radio station personnel, and to Little- ton's City Attorney , Larry Berkowitz . 7. Non -scheduled V1s1tors [a) Paul Hendricks, 4001 South Elati Street, addressed council about Agenda Item 12(b)( 11) concerning the Building Code . He expressed extreme frustration over the ~anner in which the Building Division operates . He re- sponded to Council Member Bullock's questions , 1nd1cat1ng that a "a virtua, boycott" of Englewood exists within the building trades . 8. co-mtcattons and Proclaut1ons (a) The City Clerk was asked to read in its entirety the proclamation honoring Marjorie Page, Arapahoe County Clerk and Recorder. COUNCIL NENIER BULLOCK IIOVED, Alll 1T WAS SECOll>ED, TO APPflOVE THE PROCLAMTION RECOGNIZING AND CONNENDJ• IINIJORIE PMIE FIil HER 50 YEARS OF DEDICATED SERVICE TO THE CITIES OF ARAPAHOE COUNTY. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Mot1~n carried. It was suggested that the proclamation be signed bv all mem- bers of Council. Council Melllber Bullock will present the proclamation to Ms. Page on Sunday, July 7th, at the celebration in her honor. 9. Public Hearing There was no public hearing scheduled. JO . Approval on Second Reading COUNCIL "EMBER HATHAWAY MOYm, AND IT MAS SECONDED, TO APPROVE CONSENT AGENDA ITE~S 10 (a) THROUGH (b) AS FOLLOWS: (a) ORDINANCE NO . 39, SERIES OF 1991 (COUNCI L Bil l NO . 39, INT ROD UC ED BY COUNCIL HtMBER HATHAWAY), ENTITLED: AN ORDINANCE APPROVING FIVE EASEMENTS FOR THE SOUTHGATE SANJTATION DISTR ICT BIG DRY CREEK INTERCEPTOR EASEMENT ALONG SOUTH ~LA TTE RIVER DRIVE . (b) ORDINANCE ND . 40 , SERIES OF 1991 "':DUNCI L BIL L tW . 43. IN TROD UCED BY COUNCIL MEHBER CLAYTON), ENTITL~O: AN ORD INANC E AMENDING TITLE !I , CHAPTER IA , SECTIONS 2 ANO 3 . RE LATI JG TO HI [ IMPO UNDMENT OF MOTOR VE HI CLES . I I I En,lewood C1ty Council Ntnutes Ju y 1, 1991 -Page 5 Ayes: Nays: Motion carried. Council Members Koltay , Hathaway, Wiggins , Bu ll ock , Clayton, Habenicht , Van Oyke None II. Ordinances, Resolutions and Motions (a) Director Haye s presented a reconmendation from the Department of Financ i 1 Services to adopt. a resolution aw arding the bid for underwriting City of Englewood Special Assessment Bonds for Paving District No . 34 /C on crete Replacement District 1991. Hs . Hayes stated that t wo bids had been received : Piper Jaffray & Hopwood,· Inc. S17B,B2 1.50 George K. Baum & Company/Dean Bosworth, Inc. 170 ,128 .49 . As George K. Baum & Co~pany/Oean Bosworth, Inc . submitted the low bid wi th a net effective 1nter,.~t rate of 7 .4'07Bl~. it 1s reconnended they be awarded the contract for the purchase of the special assessment bonds . The resol ut ion was assigned a number and read by t1tle : RESOLUTION NO. 63, SERIES OF 1991 A RESOLUTION AWARDING THE CONTRACT FOR THE PURCHASE i>F SPECIAL ASSESSMENT BONDS OF THE CITY OF ENGLEWOOD, COLORADO, IN lltE PRINCIPAL AMOUNT OF S370 ,000 FOR PAVING DISTRICT NO. 34/CONCRETE REPLACEMENT DISTRICT NO . 1991 . COUNCIL MENIER CLAYTON MOVED, AND IT MAS SECONDED, TO APPROVE RESOLUTION NO. 83, SEl1ES OF 1991. Mr . Manire of Piper J1ffr1y l Hopwood , Inc. responded br i efly to que st io ns posed by Council Metnber Bullock concerning interest rates. Vote results: Ayes: Nays: Motion carr1 ed . Council Members Koltay, Hathaway. Wiggins , Bullock , Clayton, Habenicht, Van Oyke None (b) Director Hayes presented a reco11111endation from t he Depart ment of Financial Services to adopt a bill for an ordinance authoriz ing t he Issuance of Spec I a 1 Assessment Bond s for Paving District No. 34 /Concr ete Repl ace me nl District 1991. She explained that the council bill has been amended to r e - flect that the maximum net effective Interest rate wil l not exceed 7 .5%. The City Clerk was asked to read Cou nc il Bill No . S3, en titled : COUNCI L BI LL NO. 53 , INTROOUCEO BY COUN CIL MEMB ER CLAY TON A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECI AL ASSESSMENT BONDS IN THE PRINCIPAL AMOUNT OF S370 ,000 Of THE CITY OF ENG LEWOOD . COLORADO. FOR PAVIN G DISTRICT ~O . 34 /CONCRETE REPLA CEMEN T DISTRICT NO . 1991 ; PRE SCRIB IN G TH£ FO RM OF THE BONDS ; PROVID [NG FOR THE PAYMENT OF THE BONDS ANO THE I tlTERES T TH EREO N; AND SET TIN G FORTH OTHER DETA ILS IN CO NNECT ION THEREWI TH. Englewood t1ty Counc11 N1nutes July 1, 1991 -Page 6 COUNCIL HEMER CLAYTON NOYEO, ANO 1T WAS SECOll>ED, TO APPROVE AGENDA ITE" ll(b) -CotllCJL BILL NO. 53. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Va11 Dyke Nays : None ._. ·L1Jn carried . (c) Director Esterly presented a reco11111endat lo n from the Departmen t of Pu bli c Works t o adopt a bill for an ordinance establishing the properties in - cl ud co in Pav i ng District No . 34/Concrete Replacement District 1991. Hr . Es- te r ly Ul)lained that certain property on South Platte River Dr iv e had been ~~leted from the District and other property has been added as a result of the volun tary program. The City Clerk was asked to read Council 8111 No . 45, entitled : COUNCIL BILL NO. 45, INTRODUCED BY COUNCIL HEHBER CLAYTON A BILL FOR AN ORDINANCE AMENDING ORDINANCE HO. 32, SERIES OF 1991, RELATING TO PAVING DISTRICT NO. 34/CONCRETE REPLACEMENT DISTRICT HO . 1991, IN THE C!TY OF EMGl~WOOQ, COLORADO, BY EXCLllllNG A PARCEL FROM THE PAVING PORTION OF THE OIS- ·1 RICT; ESTABLISHING THE PROPERTIES INCLUDED IN THE DISTRICT PURSUANT TO THE CITY'S VOLUNTARY CONCRETE REPLACEMENT PROGRAM; AMO ~ITTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT . COUNCIL NEIIIER CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE A6ENDA ITEM ll(c) -COUNCIL BILL NO. 45. A,yes: Council Me11bers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Notion carried. Council Member Koltay stated for the record that he is the owner of one of the pieces of proper~y. (d) Director Esterly presented a recorrmendatlon from the Depart ment of Public Wc .:-ks to approve the construction contract for Paving District No . 34/ Conc rete Replacement Di strict No. 1991 to New Des i gn Construction i n the a ou nt of $492,657 .05. Hr . Esterly explained that originally the recom me nda - tion 1o1as to award the contract to Bituminous Roadways of Colorado , Inc., as the best bidder at $49 9 ,539.94. However, after further revitw of t he bids su bmitted, the Oepartll!e nt of Publ l e Works is convinced that New De s i gn Con- struction has the nece ssary manpower and adequate experience to complete the job . Mr . Esterly furthe r explained that an outs i de consulting f i rm will per • form co ncrete tests , the concrete wil l carry a two -y ear warranty, and th e con - tractor will provide a performance bond . The bidding process was explain ed . COUNCIL NENBER CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE AWARD OF COH - STRUCTJOH CONTRACT FOR PAYING DISTRICT NO. 34/CONCRETE REPLACEMENT DISTRICT NO. 1991 TO NEW DESIGN CONSTRUCTION IN THE A"OUNT OF $492,657.05 . Cou ncil Member Clayt on commented upon the engineers ' past pradice t o over estimate the cost of w1, to be bid . I I I I En,lewood Ctty Counctl N1nutes Ju y I, 1991 -Page 7 Vot e r esu lts : Aye s : Nays : Mo ti on carried . Counc i l Members koltay , Hathaway, Wigg ins, Cl ayto n , Habenicht, Van Dyke Council Member Bullock (e) EKe cutive Di recto r Ol son and Ben Greene , Emergency Medica l Service Coor dina t or, presented~ recormiendat i on from the Department of Sa f e l y Services t o adopt a bi 11 for an ord i nance approving an agnei.ent with the St ate of Colorado 's Centra l Collection Serv i ce Department of Adm i ni strati on for coll ec - tion of ambulance service fees . Mr . Greene estimates that expen ses wil l be cut by I S to 30 percent , collecti on rate will i ncrease, and the Sta t e wil l be able to gi ve us a better measure of what Is actually col l ect i ~le . Collec tion procedures were discussed . The City Clerk was asked to read Council Bill No . 51 , ent i tled: COUNCIL BIL L NO . 51 , INTRODUCED BY COUNCIL MEMBER HA fH AWA Y A Bill FOR AN ORDINANCE APPROVING A CO LLECTION AGREEMENT BY ANO BETWEEN THE CITY OF ENGLEWOOD, COLORADO ANO THE CENTRAL COLLECTION SERVICE DEPAR TMEN T OF ADMINISTRATION, STATE OF COLOftAOO . COUNCIL NENIEI HATHAMAY IIOVED, MD IT IIAS SECONDED, TO APPROVE MIENDA ITEM ll(e) -COIIICIL llll IIO. 51. Ayes: Council Metnbers koltay, Hathaway, Wiggins , Bu ll ock , Clayton, Habenicht, Van Dyke Nays : None Hott on carried. (f) Oirector Fonda presented • rec-.endat1on from the Bi -City Super - vi sory Connlttee to adopt a b111 for an ordtna.nce approving an agreemen t between the Department of Hi ghways and the C1t1es of Litt l eton and Englew ood for possession and use of a portion of the Bi-Ci ty property for South Santa Fe improvements. Hr . Fonda explained the Highway Depa ~traent plan s to const ru ct a frontage road . The Hi ghway Departaent also phus to build a sept age fa cil ity on the Bi -City property as part of the negotiated sett lement . Mr . Fonda deta i led the var i ous easements conta i ned within the agreement. The City Clerk was asked to read Counc i l Bill No. 46, entitled: COUNCI L BILL NO. 46 , INTROOUCED -.BV COUNCIL MEMBER HATHAWA Y A BILL FOR AN ORDINANCE APPROVING SPECIA L WARRANTY DEEDS AN D EAS EMEN TS BET WEE N THE CO LORADO STATE HIGHWAY DEPARTMENT AND THE CITY OF ENG LEWOOD AN D THE CIT Y OF LI TT LETON FOR POSSESSION AND USE OF A POR TION OF TH E Bl -C IT Y PROPER TY NEEDED FOR SOUTH SANTA FE IMPROVEMENTS AND APPROVING AN AGR EE MENT FOR CO N- STRU CTION OF IMPROV EMENTS AT TH E BI -C ITY SITE . COUNCIL MEMBER HATHAWAY MOVED, AND I'! WAS SECONDED, TO APPROVE AGENDA ITEM ll(f) -COUNCIL BILL NO. 46, Ayes : Coun cil Memb ers Koltay , Hathawa y, Wiggins, Bullock. Cl ayton . Hab en i cht, Van Dyk e Nays: None En,ltwood City Council Ntnutes Ju y 1, 19~1 -Page 8 Motl on c~rrl ed. (g) Thi e item was moved fo1-ward -see Agenda Item 6(c) -page 3. 12. General Discussion (a) Mayor 's Choice (1) Mayor Van Dyke presented a resolution indicating Englewood 's support of the Mayors of this nation in eveloplng local organ izations and educational programs to heighten publ i c awareness, pre ;ervation and protection of the environment. The resolution was assign~d a number and read in its entirety. RESO LUTION NO. 64, SERIES OF 1991. IIAYOR VAN DYKE NOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 64, SERIES OF 1991. Council 14e11ber Clayton expressed concern regarding certain aspects of ~•e resolut,~n particularly as it relates to environmental review of all city pro - cedures and the priority of the p"servation and protection of the environ· ment. He suggested additional study. Mayor Yan Dyke responded that the pro • posed resolution is a "generic resolution" presented through the U. S. Con • ference of Mayors in support of environ111ental concerns. She did not feP.l its passage would affect the priority of established procedures or involve addl· tional costs to the City. After further discussion, the vote results were: Ayes: Council Netlbers Koltay, Hathai.ay, Wiggins , Bullock , Ha.benicht, Va11 ke Nays : Cou•1c1l Mellbe .ayton Motion carried. (ii) Th 1 s agenda 1te11 was moved forward -see Agenda I tem 6 ( b) - page 2. (b) Council Member 's Choice (i ) Council Member Bullock presented a council bill concerning an ame ndment to the Home Rule Charter pur port i ng that the Mayor be elected by popular vote . Hr . Bullock stated the proposal has received popular support in the conmunity. The City Clerk was asked to re ad Co 1nc i l Bill No . 38 , entitled : COUNCIL BILL NO. 3B, ltl TRf,OUCEO BY COUNCIL MEMBER BUL LOCK A SILL FOR AN ORDINANCE SUBMITTIN G TO A VOT ~ OF THE R£GI Sr[R[D ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED REGU LA R MUN!CJ hll ELECllOJ PROPOSED AMEND MENT 10 THE c.HARTER OF THE CITY OF ENGLEWOOD REQUIR !NG THE POPULAR EL EC · TION OF MAYOR FOR A TWO (2) YEAR TERM. I I I I Englewood City Council Minutes July 1, 1991 -Page 9 COUNCIL MENIER IIULLOCK MOVED, All> IT WAS SECONDED, Ttl APPROVE AGENDA ITEM 12(b)(i) -COUNCIL BILL NO. 38. Council Member Clayton stated a change of this nature would affect the fun - damental nature of the office of Mayor and that such a change would not bene - fit the community . Council Member Hathaway concurred, stating such a change would reduce the of - fice of the Mayor to a popularity contest. She also indicated this i s not the anner in which this change should be addressed . COUNCIL NEIIIER HATHAWAY NOVED, AND IT WAS SECONOED, TO TABLE INOEFINITELY A6ENOA ITEM 12(b)(i) -COUNCIL BILL NO. 38. Ayes: Council Members Hathaway, Clayton, Van Dyke Nays : Council Members Koltay, Wiggins , Habenicht Bullo c k Motion to table defeated. Upon a call for the question to approve Agenda Item 12(b)( i) -Council Bl 11 No. 38, the vote results were: Ayes: Council Members Koltay, Bullor.k Nays: Council Members Hathaway, W1g gi~s . Clayton, Habenicht, Van Dyke Motion defeated . Council Mellber Bullock predicted the issue wi ll resurface as an initiated 111atter . (If) Council Member Bullock presented a council bill relat i ve to Bu i lding Code violations. The City Clerk was asked to read Council Bill No . 50, entitled: COUNCIL BILL NO . 50, INTRODUCED BY COUNCIL MEMBER BULLOCK A BILL FOR AN ORDINANCE SETT I NG FORTH THE REQUIREMENT THAT ALL SUMMONS AND COMPLAINTS FOR BUILDING CODE VIOLATIONS MAKE SPECIFIC REFERENCE TO THE SECTION ALLEGED TO BE VIOLATED AND PROVIDING FOR THE ARBITRATION OF DISPUTES CONCERN - ING BUILDING CODE INTERPRETATION ADOING A NEW SUBSECTION M TO TITLE 8 , CHAPTER I, SECTION 5, AND BY AMENDING TITLE 8, CHAPTER 1, SECTION 8 OF THE ENGLEWOOD MUNI CIPAL CODE 1985. COUNCIL IIEMIIER BULLOCK NOVED, AND IT WAS SECOMIED, TO APPROVE AGEMOA ITEM 12{b)(1i ) -COUNCIL BILL NO. SO. COUNCIL IIENBER CLAYTOII IIOVm, AND IT WAS SECONDED, TO STRIKE SECTION 2 IN ITS ENTIRETY WITH REFERENCE TO THE APPEALS PROCESS. Council Member Bullock countered that striking Sectinn 2 elimina i ng arbitra - tion procedure , would "d eal a tremendous blo·11 to the contra ct i ng convnunit y wh o support this bill in its entirety.• Counl.il Member Clayton offered that it is reasonable that summon s or com - plaints i dent ify t he appropriate sections of the Code and tha t I t is rea - sonable to have an appeal process; howev er . he strongly opposed admi nisteri ng Englewood City Council Minutes July l, 1991 -Page 10 "tho Building Department from the Council Chambers." He stated the proposed appea 1 s process is inadequate and burdensome and may be subject to abuse by the administration and the appealer. He stated that he believes it is the intention of the City Manager to deal with this administratively and that more time should be allowed for this to happen. Counc i l Member Bullock defended his position , pointing out that "time i s mon - ey" and that the arb i tration process needs to be "rapid, responsive, and se n- sitive.• He feels the arbitration process now in place takes too much time which proves a hindrance to contractors. He reiterated the proposed arbitra- tion process -the selection of an expert in each of the various fields to whom an appeal may be made with the City paying half the cost and the contrac- tor the other half. Mr. Bullock opined this would provide "a certain amount of healthy friction." Council Member Hathaway agreed with Mr. Clayton, commenting that approval may "cross the fine line between policy and administration." She feels Council has the venue to empower the Board of Adjustment and Appeals to do whatever is necessary to deal with appeals In an expedient manner. Counc 11 Member Bullock countered that the required expertise to hear these appeals may not exist with the Board whose "expertise is more in zoning and administrative overall policy type decisions.• He again stressed the need for expertise and expediency for the benefit of the contracting community. Council Member Hathaway pointed out she is unwilling to submit the cost of an arbitrator to the people she represents. Council Member Habenicht conrnented th1t 110re ti111e should be allowed for the City Manager to deal administratively with the Issue as she does not believe the council bill 1s the solution. It was also pointed out that now, sinca the whole Council is concerned with the issue, resolution may be forthcoming. Council Member Wiggins suggested to Mr. Bullock that he remove the motion con- cerning Council Bill No_ 50, giving Mr. Fraser an opportunity to resolve the Issue before the budget retreat in Septe•ber. He stated that if resolution is not reached by that time, he would support the suggestion of "giving it to the County, eliminating the whole department." Mter further discuss ion, Counc 11 Member Bui 1 ock reluctantly agreed to heed Mr . Wiggins ' suggest i on. I COUNCIL MEMBER WIGGINS MOVED, COUHCIL MEMBER BULLOCK SECONDED, TO TABLE AGENDA I ITEM 12(b)(ii) -COUNCIL BILL NO . 50. Ayes: Council Member Koltay , Hathaway , Wigg i ns, Bu ll ock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. (iii) A r esolut i on appo i nting a Youth Member t o th e Parks and Recreat i on Comm is sion was considered. The resolution was as s i gned a nu mber and read by title: I I Eny1ewooc1 City Council Minutes Ju y 1, 1991 -Page 11 RESOLUTION NO. 65 SERIES Of 1991 A RESOLUTION APPOINTING MARK WIGGINS AS YOUTH MEMBER OF THE PARKS AND RECRE · ATION COMMISSION. COUIICIL NENBER HATHAWAY NO~:D, AND IT MAS SECONDED, TO APPROVE RESOLUTION HO . 55, SERIES OF 1991. Ayes: Council Members Koltay, Hathaway, Van Dyke Nays: None Abstain: Council Members Wiggins, Clayton Motion carried . Mark 's term of appointment runs from July 1992. Bu l lock. Habenicht , 1, 1991 to June I, (iv) A resolution appointing a Youth Member t o the Parks and Recreat i on Co11111I ssion was considered. The resolution was assigned a nu mber and read by title : RESOLUTION NO . 66, SERIES OF 1991 A RESOLUTION APPOINTING DAN CLAYTON AS YOUTH MEMBER OF THE PARKS AND RECRE - ATION COMMISSION. COUNCIL MEMBER HATHAWAY NOVED, AND IT WAS SECONlED, TD APPROVE RESOLUTION NO. 56, SERIES OF 1991. Ayes : Nays: Abstain: Motion carried. Dan's 1992 . Council Helllbers Koltay, Hathaway, Bullock, Habenicht, Van Dyke None Council Members Wiggins, Clayton term of appointment runs from July 1, 1991 to June I, City Manager Fraser offered to advise the other intere sted youth appli c ant s concerning these appointments and offering encouragemen t to apply again next year. (v) Council Member Koltay: 1. He requested that the Department of Co111nunity Development check into the storage of automobiles on property formerly occup i ed by a dental health bu ild- ing at Broadway and Belleview. 2 . He provided an update on Project BUILD . J . He announced his resignation e ffective i rrmediately afte r the J uly 15 , 1991, regular Council meeting . He and his family wi ll be mov i ng ou t of the City and he will no longer be eligible to serve as a council memb er . (vi ) Counci l Member Hathaway: I . She provided a repor t on the publ ic hear i ng held Ju ne 26 , 1991 , by Den ver Regional Counci l of Gover nment s r elative to the MAC propo sa l . As s he has nol Englewood City Council Minutes July l, 1991 -Page 12 changed her position in opposition to the MAC proposal and as Council ha s i n- dicated they also have not changed their position, she intends to vote against the proposal at the July 17th DRCOG board meeting. (vii) Council Member Wigg i ns: I. As a resu lt of his representing Council at school telethon event at wh i ch President Bush and Governor Romer were featured , he strongly suggested that Council support the School Board by volunteering to serve as members of the var i ous subcommittees : J _ Readiness for school 2. Completing high school 3 . Student achievement and citi zenship 4. Sc i ence and math 5. Adult literacy and lifelong learning 6 . Safe disc i pline and drug free schools. 2. He inquired about the study being conducted by Eric Roth . Mr. Fra ser stated the results should be available later in July . 3. He conmented upon the lack of co1111unication concerning the pilot recy - cling program. Director W1nush provided information relative to the mailings, phone and personal contacts which have resulted in approximately 400 house- holds signing up. 4 . He COlllllented about the weeds along Chenango parking in the vicinity of the City Ditch, stating the City Manager will have the matter corrected shortly . 5. He discussed special parking permits for the Belleview Park area . e sp e - cially during the July 4th celebration . {viii) Council Member Habenicht: 1. She informed Mr. Wiggins she has volunteered for the edu cat i on subco mmit- tee -"Student Achievement." 2. She suggested that the Colorado Municipal League attendees prov ide an overview of the conference at an upco min g study session. 3. She adv ised that she no longer had access to E-Mail on her ho we co mpu t er until the new software is instal led . (ix) Cou nci l Me mber Clayton: I. He congratulated Mr . Fraser and st aff on the new ISO rating f rom Class 4 to Class 3 . 2. He informed Mr . Wiggins he ha s volunte ered to se r ve on th e "Adult L ile ra - cy " educ a t io na l subcommit tee. I I I I Englewood City Council Minutes July 1, 1991 -Paga 13 3. He offered congratulations lo Director Long and the Li brary staff for receiving two grants, one of which will provide nine modem equ i pped comp ut e r terminals for the Englewood public schools media centers. 4 . He announced that he and Hrs. Clayton had planted five trees at Sinc la ir Pool with the thought In mind that trees are more enjoyable tha n a shel t er . 5. He reported on the outcome of the ACCE meeting in Wa shing to n, 0 . C .. stating he believes it was a worthwhile endeavor. 13. City Nanager's Report (a) Hr. Fraser co11111ended var i ous member s of his staff for the man ne r i n which the low interest rate for the special assessment bond s wa s accom pl i shed. (b) Regarding the grants recently received by the Library , he i nf ormed Council that he has Instructed the staff to do everything possible to br ing additional gran t monies into the City. 14 . City Attorney 's Report (a) Hr. DeWitt provided copies of the dismissal order In OHNIBANK vs City of Eng l ewood. (b) Concerning the Martin Manufacturing Company settlement offer , he suggested holding off acceptance un t il there i s a firmer understanding between the parties. It was suggested by City Manager Fraser and Council Member Clay- ton that the matter be resolved in a manner which may provide Hr . Mart i n en- couragement to remain in Englewood's business con111unity. (c) Mr . DeWitt stated he and Judge Parkinson will be providing i nforma - tion concerning Associate Judge compensation . 15. Adjournment COUNCIL MEMBER HATHAWAY MOVm TO ADJOURN. The meeting adjourned at 10:00 p.m.