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HomeMy WebLinkAbout1991-07-15 (Regular) Meeting MinutesI I I. Call to Order ENGLEllOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Re ular Session July 15, 1991 Th e regular meeting of the Englewood Ci ty Council was called to order by Ma yor Van Dyke at 7:32 p .m. 2 . Invocation The invocat i on was given by Council Member Bullock. 3 . Pledge of Allegiance Th e Pledge of Allegiance was led by Mayor Van Dyke. 4 . Roll Call Present : Absent: A quo r um was present. Also present: 5 . Minutes Council Members Hathaway, Koltay, Wiggi ns, Bul lo ck. Clayton , Habenicht , Van Dyke None City Manager Fraser City Attorney DeWitt City Clerk Crow City Planner Stitt Director Fonda , Utilities (a) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 1, 1991. Ayes: Council Members Kolt ay, Hathaway , Wiggins . Bu l lock. Clayto n. Habenicht , Van Dyke Nays: None otion carried . 6 . Pre-scheduled Visitors (a) Ly nn Ha r grove, De put y Mun ic ipal Cou rt Cler k, wa s r ecogn i zed and honore d for hav ing bee n selected a s J ul y's Employee o f the Mon t h . Englewood Clty Council Minutes July 15, 1991 -Page 2 ( b) Kathe r ine Fischb ach , 4425 South Acoma St r eet, d i sc ussed concern s rega r ding the concrete replacement prog r am . She asked sev era l que st i ons con - cern ing the mark i ngs and the qua l i t y of concrete. City Ma nage r Fr a ser re - spo nded to her questions and suggested she di scuss the ma t te r furt her wilh Direc tor Esterly or the Publ i c Works Department staff. 7. Non-scheduled Visitors There were no non-scheduled vi sitors . 8. C1111111unlcatlons and Proclamations (a) A proc l amat i on honor i ng the Bullocks ' 50th wedd i ng ann i vers ary wa s re ad in i ts ent i rety. COUNCIL NENBER BULLOCK MOVED, AND IT WAS SECOMOED, TO APPROVE A PROCLAMATION HONORING GERALD "DUDE" BULLOCK AND MARY ALICE BULLOCK ON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY, Ayes: Counc i l Members Koltay, Hatl>away, Wiggi ns , Bu l 1 ock , Clayton, Haben i cht, Van Dyke Nays! None Hot1on carried . The proclamation was presented .to the Bullock s by Ma yor Van Dyke, and congra t ulations ••e re offered by the Hayor and Counc i l Memb er Bullock. (b) COUNCIL NEIIBER BULLOCK IIOVED, NII IT WAS SECONDED, TO APPROVE A PROCLMIATION HONORING "COLORADO BIKE WEEK -JULY 22 -28, 1991 " AND PROCLAIM - ING JULY 24, 1991 AS "BIKE TD WORK DAY" IN THE CITY OF ENGLEWOOD. Ayes : Counc i l Members Koltay , Hathaway, Wigg i ns , Bulloc k, Clayton , Habenicht, Van Dyke Nay ~: None otion carried . (c) COUNCIL MEMBER KOLTAY MOVED, AND IT WAS SECONDED, TO DECLARE JULY 26, 1991, AS "CALLING ON AMERICA DAY• IN RECOGNITION OF THE MILLIONS OF AMERI - CANS WHO HAVE PHYSICAL DR MENTAL INPAIRNENTS. Ayes : Council Me mbers Kolta y, Hathaw ay, Wi gg i ns, Bull oc k. Clayton . Habenicht , Van Dyke Nays : None Not i on carri ed . I (d) COUNCIL MEMBER BULLOCK IIOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORlNG PRIVATE GEORGIA HAMILTON , AN ENGLEWOOD CITIZEN , FOR HER I CONTRIBUTION TO OP ERATION DESERT STORM. Aye ~: Cou nc i l Me mber s Kolt ay , Ha th awa y , Wi gg ins. Bu ll ock, Clayton . Hab enic ht , Van Dyke Nays : No ne Mot io n ca rr i ed . Pvt . Ha milton 's grand mot her , Leo l a Sc honlau , wa s pr esen t and accepted t he pr ocl amati on . I I Englewood City Council Minutes July 15, 1991 -Page 3 (e) COUNCIL MEMBER BIA.lOCK MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING JOHN A. NtAL, oV1 ENGLEWOOD CITIZEN, FOR HIS CONTRIBUTION TO OPERATION DESERT STOftM. Ayes : Council l~embers Koltay , Hathaway , Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. {f) COUNCIL MEMBER BULLOCK MOVED, ANO IT WAS SECOftDED, TO APPROVE A l'ROCLMATION HONORING AIRMAN PATRICK PELLE, AN ENGLEWOOD CITIZEN, FOR HIS CON - TRIBUTION TD OPERATION DESEllT STORM. /\yes : Council Members Koltay , Hathaway, Wiggins, Bullock , Clayton, Habenicht, Van Dyke Nays : None Motion carried . Airman Pelle's parents, Donna and Jim Pelle , were present and accepted the proclamation. (g) COUNCIL MENB'!:R BULLOCK MOVED, ANO IT WAS SECONDED, TO APPROVE A PROCLANATIOII HOIIORINQ SERGEANT ANDY JOHNSON, AN EN&LEWOOO CITIZEN, FOR HIS CONTRIBUTION TO OPERATION DESERT STORl'I. ,\yes : Council Members Koltay, Hathaway, Wiggins , Bullock, Clayton, Habenicht, Van Dyke Nays: None Mot 1 on curled. Sgt. Johnson 's parents, Jeananne and Owen Johnson, were pres- ent and accepted the proclamation. (h) COUNCIL MEMBER IULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMTION HONORING ROBIN &ARRm, U.S. MARIN£ RESERVE STAFF SERGEANT AND ENGLEWOOD POLICE OFFICEtl, FOR HER CONTRIBUTION TO Ol'ERATION DESERT STORI!. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock , Nays: Motion ca rried . proclamation. Clayton, Habenicht, Van Dyke None Pol i ce Officer Garrett was present and accepted the COUNCIL MOIIIER HABENICHT MOVED, AND IT WAS SECONDED, TO Al!ENO THE AGENDA FOR A SPECIAL PRESENTATJ°". Ayes : Navs : Mo tion carried . Council Members Koltay , Hathaway, Wiggins , Bullock, Clayton, Habenicht , Van Dyke None Mayor Van Dyke recogn ized Council Member Koltay who i~ re si gni ng from City Council. She presented Mr . Ko1tay wi t h a plaque signifying his service to th e City and a far ewe 11 card from Co uncil and staff. Each Co unc i1 Me mber wa s given the opportunity to extend their bes t wishes to Coun ci l Me mber Koltay . 9. Public Hearing (a) To consider zoning on p,·op ertie s ann exed t o t he Ci y o f Eng l ewood. Englewood City Council Minutes July 15, 1991 -Page 4 COUMClL HEHIIER HATHAnY HOVED, AHO IT WAS SECONDED, TO OPEN THE PUBLIC HEARING. Ayes: Nays : Motion c ar ri ed . Council Members Koltay, Hathaway, Wiggi ns, Bul loc k, Clayton, Haben ich t, Van Dyke None All testimony wa s given under oath. Evidence of post ing and public c i on were entered into the record of the meeting . City Pl anner Sti tt offered background info rmation concerning the property an- nexed by Ordinance Nos. 27 and 28, Series of 1991, and explained that zoning must be established for the property within 90 days of the effective date of the annexation ordinances. The zoning, proposed by the Planning and Zoning Commission , was explained for each parcel of annexed land . Comparisons were made of the Arapahoe County zoning and the proposed Englewood zoning. Hr . Stitt responded to questions posed by Council. Mayor Van Dyke Invited those present to speak concerning the proposed zoning . Don Noyes. 4590 South WindtnNre, stated he opposed the proposed 1-1 Lig ht Industr i al zoning for his property, which is currently zoned 1-2 by Arapaho e County. He complained th i s downgrade could cause him financial loss in the future, as tie contended his property would be more valu.ble In the future zoned 1-2 . City Planner Stitt clarified that t he proposed 1-1 is consistent with the Com- prehensive Zoning Plan and that the current use of Hr. Noyes ' property is 1-2 . He confirmed that the uses prohibited in the 1-1 zone would be perm itted in the 1-Z, but that those uses have the potential of creating odors, noise , etc. Mr . Still stated there is a significant amount of 1-2 zoned land in Englewood to acconmodate an y potential uses and that it is good zon in g and land use practice t o keep those types of uses separate . Hr. Noyes expressed frustration over this matter as well as his past experien- ces witn Englewood . Council Heraber Bullock co11111ented that the downgrading migh t represent a "takings issue." City Attorney DeWitt pointed out that technically the zoning does not represent a downgrade, that Hr. Noyes ' current ope r at ion is accept- able under Arapahoe County's zon i ng and that it will be acceptable under the Citi' s zon i ng. He offered other CO!Mlents in support of the proposed zoning ~1!.i ch is compatible with the uses in the neighborhood , compatible with the current use on the site, and compatible with the uses fur at l east the next ten years. No one else wished to give testimony relative t o the prop ~s ed zon i ng. COUNCIL HEHBER HATHAWAY MOVED, AND IT WAS SECONDED, TII CLOSE THE PUBLIC HEARING. I I I I Englewood City Council N1nutes July 15, 1991 -Page 5 Ayes : Nays: Motion carried. Council Members Koltay, Hathaway, Wiggins, Bullo ck. Clayton, Habenicht , Van Dyke None (b) COlJICIL MEMBER NIQ&INS MOVED, MID IT WAS SECONDED, TO APPROVE AGEN - DA ITEM 9(b) -COUNCIL BILL HO. 44. Council Member Cla yton stated his support of the zoning as proposed , comment- ing the City should not zone to depri~t' current businesses, and since the businesse s in that area are in conformance with 1-1, it is reasonable for the area to be zoned 1-1. He expre!sed concern that uses permitted in 1-2 zoning could be too off~ns ive located so ~e ar to a residential neighborhood . Council Member Bullock :011111ented that he thinks Hr. Noyes sho uld be able to speculate on the value uf his property with Its current level of zoning and to change the zoning Is taking away the future possibility to do something more with it . Vote results: Ayes: Nays : Motion carried. Series of 1991. Council Members Koltay, Hathaway, Wiggins , Clayton , Habenicht, Van Dyke Council Mellber Bullock Council 8111 No. 44 Is hereby assigned as Ordinance No. 41 , 10 . Approval on Second leading COUNCIL MEJIIER HATHAWAY NOVEO, NG IT WAS SECOll>ED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) TifROUGH (f) AS FOLLOWS: (a) ORDINANCE NO . 42, SERIES OF 1991 (COUNCIL BILL NO. 45 , INTRODUCED BY COUNCIL MEMBER CLAYTON) ENTITLEO: AN ORDINANCE AMENDING ORDINANCE NO. 32, SERI ES OF 1991, RELATING TO PAVING DISTRICT NO. 34/CONCRETE REPLACEMENT DISTRICT NO. 1991, IN THE CITY OF ENGLEWOOD, COLORADO, BY EXtLUOING A PARCEL FROM THE PAVING PORTION OF THE DISTRICT; ESTABLISHING THE PROPERTIES INCLUDED IN THE DISTRIC T PURSUANT TO TH£ CITY'S VOLUNTARY CONCRETE REPLACEMENT PROGRAM; ANO SETTING FORTH OTHER DETAILS IN ~ONNECTION WITH THE DISTRICT. (b) ORDINANCE NO. 43 , SERIES OF 1991 (COUNCIL BILL NO . 46 , WTROOUC[O BY COUNCIL MEMBER HATHAWAY) EtlT!TLED : AN ORDINANCE APPROVING SPECI AL WARRANTY DEEDS AND EASEMENTS BETWEEN THE COLORADO STATE HIG HWAY DEPARTMENT AND THE CITY OF ENGLEWOOD AND THE CIT Y OF LITTL ETON FOR POSSESSION AND USE OF A PORTION OF THE Bl -CITY PROPER TY NEE DED FOR SOUTH SANTA FE IMPROVEMENTS ANO APPROVING AN AGREEMENT FOR CONSTRU CTION OF IMPROVEMENTS AT THE Bl-CITY SITE. (c) ORDINANCE NO . 44, SERIES OF 1991 (COUNCIL BILL NO . 49 , INTRO DU CED BY COUNCIL MEMBER CLAYTON) ENTITLED : Englewood City Council Minutes July 15, 1991 -Page S AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO; THE CITY OF LITTLETON , COLORADO; AND RADIO PROPERTY VEJHURES FOR TH E DEMISE OF PROPERTY SI TUATED WITHIN THE BOUNDARIES OF THE BI -CITY WA STEWA TER TREATMENT PLANT FOR THE PURPOSE OF RADIO TRANSMISSION. (d) ORDINANCE NO. 45, SERIES OF 1991 (COUNCIL BILL NO. 51, INT ROD UCED BY COUNCIL MEMBER HATHAWAY) ENTITLED: AN ORDINANCE APPROVING A COLLECTION AGREEMEN T BY ANO BE TWEEN TH E CI TY OF ENGLEWOOD, COLORADO ANO THE CENTRAL COLLECTION SERVICE DEPARTMEN T OF ADMINISTRATION , STATE OF COLORADO . (e) ORDINANCE NO. 46, SERIES OF 1991 (COUNCIL BILL NO. 52 , INT RODUC ED BY MAYOR VAN DYKE) ENTITLED : AN ORDINANCE J. ",,DING TITLE 5, CHAPTER S, ENGLEWOOD MUNICIPAL CODE OF 1985 TO ESTABLISH STRINGENT REQUIREMENTS FOR THE OPERATION OF HASSAGE THERAPY CL IN ICS ANO THE REGULATION OF THE PROFESSION IN ENGLEWOOD . (f) ORDINANCE NO. 47, SERIES OF 1991 (COUNCIL BILL NO . 53, INTRODU CED BY COUNCIL MEMBER CLAYTON), ENTITLED: AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIA L ASSESSMENT BONDS IN THE PRINCIPAL AMOUNT OF $370,000 OF THE CITY OF ENGLEWOOD, COLORADO, FOR PAVING DISTRICT NO. 34/CONCRETE REPLACEMENT OISTRICT NO . 1991 ; PRESCRIBIN r THE FORH OF THE BONDS ; PROVIDING FOR THE PAYMENT OF THE BONDS AND THE INT EREST THEREON , AND SETTING FORTH OTHER DETAILS IN CONNECTION THEREWITH . Ayes : Nays: Motion carried . Council N1111bers Koltay, Hathaway, Wiggins , Bullock, Clayton, Habeni cht, Van Dyke None 11. Ordinances, Reso lutions and Notions (a) City Clerk Crow presented a reconnendation from the Election Com- mission and Counc i l 's subco11111ittee to adopt a bil l for an ordinance propos i ng various amendments to the Home Rule Charter authorizing th e term "registered electors" and del et 1 ng the term "q ualified electors " and "taxpaying e 1 ector " in appropriate sections. The ordinance , 1f approved, calls for the quest i on to be Included on the ballot of the nex t regular municipal election. The cha i rman and members of the Elect i on Co11111 i ssion were pre se nt and avai lab le to respond to any concerns of Council . The City Clerk was asked to r ead Counci l Bill No . 54 , entit led: COUNCI L BILL NO . 54, IN TRODUCED BY COUNCIL MEMBER BULLOCK A BIL L FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF TH E CITY OF ENGLEWOOD AT TH E NEXT SCHEDULED REGULAR MUNICIPAL ELE CT ION PROPOSED AMENDMENTS TO THE CHAR TER OF THE CITY OF ENGLEWOOD AMENDIN G AND DE LET IN G TH [ TERM "QUALIFIED ELECTO RS" AND "TAXP AYIN G ELEC TOR " AND TO AUT HORIZ[ TH [ TERI· "REG ISTER ED ELECTO RS" IN APP ROPRIA TE SEC TION S. I I I I Eng1-d C1ty Counc11 Ninutes July 15, 1991 -Page 7 COUNCIL IIDIIIER BULLOCK IIOYED, AND IT IIAS SECONDED, TO APPROVE AGENDA ITEII ll{a) -COUNCIL BILL NO. 54. Council Hember Clayton urged Council to vote against Council Bi ll No . 54 , stat i ng if approved by the electorate it would substantially disenfranchise a number of citizens who for various reasons have not become i nformed or par - ticipatory. He co11111ented he does not think those c iti zens should be excluded before they have an opportunity to register to vote. Council Member Habenicht countered that she does not believe this woul d d isen- franchise anyone, that everyone has the privilege and right to register and if they wish to be invo l ved they have a responsibi li ty to do so. Vote results: Ayes: Counc 11 Members Ko 1t ay, Hathaway, W 1 gg ins , Bu 11 ock, Habenicht, Van D;~e Nays: Council Member Clayton Motion carried. City Attorney DeWitt thanke~ the Election Commis sion members for their involvement in the development oft ·unci1 Bill No. 54 . (b) Director Fonda presented a reconien,1at ion from the Water and Sewer Board concerning agreements between the City of Englewood and the City and County of Denver through its Board of Water Co11111issioners. Mr. Fonda informed Council that resolution of several issues of dispute between Englewood and the Denver Water Board h~s been reached prior to trial date; these agreements are the result of that resolution . He advised Council that Dave Hi H, Special Water Attorney, and Joe Tom Wood were present. Mr. Hill briefed Counc i l on the various agreements, which concern evaporation replacement, river ad - ministration, Denver's accounting methods, and Denver 's diversion on the South Platte River. He stressed the advantages these agreements will have for En - glewood, and commented upon the spirit of cooperation he expects the City to experience with the Denver Water Board . Th e City Clerk was asked to read Council Bill No. 55 , entitled: COUNCIL BILL NO. 55, INTRODUCED BY COUNCIL MEMBER BULLOCK A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITV OF ENG LEWOOD ANO THE CITY OF DENVER BOARD OF WATER COMMISSIONERS . COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM l!fb) -COUNCIL BILL NO. 55. Counc i l Member Habenicht advised th at the Wate r and Sewer Boa rd has stu die d this issu e in depth and recommends approval . Vote results : Ayes: Nay s : Motio n carr i ed . Council Members Koltay, Hathaway, Wiggi ns. Bullock . Clayton , Habeni c h . Van Dyke None Englewood City Cv~.:ri1 H1~u e~ July 15, 1991 -Page 8 City Attorney DeWitt expressed appreciation to Mr. Hill, Mr . Wood and Director Fonda for their efforts on behalf of the City, and he particularly commended Mr . Hill for his comprehensive presentation . Mr . DeWitt explained that Coun- cil Bill No. 55 would not be publ ished until the Denver Water Board forma ll y approves the agreements. (c) City Attorney DeWitt presented a recommendat i on to adopt a bill for an ordinance amend i ng sections of the Englewood Municipal Code pertaining lo departmental organization, explaining that Sections Band Chad i nadvertently been omitted from the ordinances effecting the 1990 reorganization. The City Clerk was asked to read Council Bill No. 47, entitled: COUNCIL BILL NO. 47, INTRODUCED BY COUNCIL MEMBER CLAYTON A BILL FOR AN ORDINANCE AMENDING TITLE I, CHAPTER 6, SECTION 2, TO INCLUDE TWO SUBSECTIONS B. ANO C. TO THE ENGLEWOOD MUNICIPAL CODE 1985, EFFECTING DEPARTMENTAL ORGANIZATION. COUNCIL NENBER CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM ll(c) -COUICIL BILL NO. 47. A,yes : Council t'..:111bers Koltay, Hathaway, Wiggins , Bullock. Clayton, Habenicht, Van Dyke Nays: None Motion carried . 12. General Discussion (a) Mayor's Choice (i) Hil,Yor Van Dyke transmitted copies of her report of the Colora- do Municipal League conference. (b) Council Member 's Choice (i) Council Member Clayton transmitted copies of an article enti- tled "Why Doesn 't Superfund Work?" which appeared in the April 1991 issue of Waste Age. (ii) Council Member Habenicht reminded Council of the Re cre ation Dcipartment 's production "Sound of Music" on August 2-4, 1991, which will be held at Teikyo/Loretta Heights University. (iii) Council Member Wiggins: I. He inquired about the status of the railroad depot and urged that some action be taken about its condit ion . Di sc us sion ensued about it s ow ner ship and the best solution to this problem . 2 . He inquired abou t the Nancy Smith claim. City Attorney De~i t comme nted that the cla im ha s be en settled and that the settlement wa s appro ved uy Coun · cil . He stated a Summons and Comp laint has been filed by the ins urance co pa- ny which he wil l br ing up under City Attorney 's Report . I I I I Englewood City Council Ntnutes July 15, 1991 -Page 9 3. He i nqu ired about Dense 1 Rag land and was informed that Ms. Ragland thu s far has not brought suit against the City. 4. He inqui red about the proposed logo signs. City Manager Fraser stated he wi ll be bringing that i nformat io n to Co uncil in a study session. (Iv) Council Member Hathaway comme nted upon the misprinted signs posted by the City of Denver on University Boulevard . (v} Council Member Koltay tendered his resignation as District Ill 's Council representative effective July 19, 1991. He commented he would prefer to remain a member of the Retirement Board and the Englewood Housing Authority unt i 1 after the e 1 ect ion or unt i1 Council makes an appointment replacing him . Wi th regard to Project BUILD , he advised he will continue to serve until notified of a change. He reco11111ended that an addit io nal member be appointed, and he suggested Hr . Clayton be considered for that appointment. 13. City Manager's Report Mr . Fraser did not have any matters to bring before Council; however, he did comment that Hr. Koltay would be sorely missed as a member of the City Counc i l and that during his tenure he has made an outstanding contribution to both the Council and the community . 14. City Attorney's Report (a) Hr. DeWitt transmitted copies of a report from the State Department of Health concerning the Englewood Golf Course and warned there may be some liability i ssues if there Is migration of the water i nto the South Platte River drainage . (b) He transmitted copies of Summons and Complaint regdrding the Nanc y Smith matter. He requested authority to defend, joining Nan cy Smith as a de • fendant in the matter. Hr. DeWitt provided background lnf~rmation concerning the case. COUNCIL MEMBER BULLOCIC. NOYED, AND IT WAS SECOIIOED, TO AUTHORIZE THE CITY AT- TORNEY TO DEFEIIJ THE CITY IN THE MATTER OF FIRE INSURANCE EXCHANGE V. C ITV OF ENGLEWOOD. Ayes : Nays : Motion c arried . Council Members Koltay, Hathaway, Wigg ins . Bullo ck. Clayton , Habenicht, Van Dyke None (c) Mr . DeWitt transmitted a memorandum to Council rela ive t o t he legislative efforts of ACCE. (d) He commented upon Mr . Koltay 's exper t editori al a bilities and s tated that he and his staff have imp r oved their skill s as a re sult of tha t. He agreed that Mr . Ko l tay wi l l be mi ss ed as a Coun c i l Member . Englewood C1ty Counc11 N1nutes July 15, 1991 -Page 10 15. Adjournment COUNCIL MEMBER KOLTAY MOVED TO AOJOU • The meeting adjourned at 9:16 p.m. I I