HomeMy WebLinkAbout1991-08-05 (Regular) Meeting MinutesI
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EN8LEVOOD CITY COUNCIL
EN&LEVOOO, ARAPAHOE COUNTY, COLORADO
Regular Sess1on
August 5, 1991
l. Ca 11 to Order
lhe regular meeting of the Englewood City Council was called to order by Mayor
Van Dyke at 7:35 p .m.
2. Invocation
The Invocation was given by Council Member Bullock.
3. Pledt• of Alleg1ance
The Pled~e of Alleg1ance was led by Mayor Van Dyke .
4. Roll Call
Present:
Absent:
A quorum was present .
Also present:
5 . Minutes
Council Member~ Hathaway, Wiggins, Bullock, Habenicht.
Van Dyke
Council Member Clayton; one vacancy exists in Council
District III.
City Manager Fraser
City Attorney DeWitt
Assistant City Manager Hartin
City Cl erk Crow
Director Esterly, Public Works
(a) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECOlllED, TO APPROVE THE
MINUTES OF THE REGULAR MEETING OF JULY 15, 1ggJ_
Ayes: Council Members Hathaway , Wiggins , Bullock , Haben icht ,
Va11 Dyke
Nays : None
Ab se nt: Council Member Cl ayton
Mot i on carri ed.
6 . Pre-scheduled Visitors
(a) John Tate , 955 West Oxford Avenue , entered th e meeting late . See
Agenda Item 7(g), Page 3 .
Englewood City Counctl Minutes
August 5, 1991 • Page 2
(b} Matt Acker/Roxanne Acker, 3923 South Pennsylvan ia Street , spoke
concerning the derelict vehicle ordinance. They felt the ordinance was un fair
on several counts and had been passed with flaws wh i ch should have been cor -
rected before passage. Mr. Acker co11111ented that the problem is that the pre -
vious ordinance address i ng this matter was not enforced . He objected to what
he considered an Invasion of their privacy.
At the Mayor 's requests, City Manager Fraser explained that the effecti ve date
for enforcement of the derel let/hobby vehicle portion of the ordinance has
been extended 30 days, and no fines or penalt i es will be illll)osed until after
September I . He also explained the City's willingness to dispose of the vehi-
cles if that is a problem for the own ers. He stated that the specific purpose
of the ordinance is to diminish the number of non -operational cars in the
residential areas of the City.
Al so explained was the means of seeking a variance from the Board of Adj1 :st -
ment and Appeals for Individuals who do not have a garage .
(c) Roger Tomasso, 2996 South Cherokee Street , infomed Council he can-
not afford the perm i t fee and he objects to the City charging him to store hts
vehicle on his own property . He also objected to the City entering his prop-
erty to ascertain the car's condition which ts covered and r.ot an eyesore .
7 . Non-scheduled Visitors
(a) Linda Keefover, 2030 West Warren Avenue, stated she and her husband
rent and their landlord uses the garage. Mr . Keefover has been unemployed and
Mrs. Keefover stated they do not have $100 for the perm it fee. She asked what
they could do since they do not have access to the garage. Additionally she
said they were unaware of this requirement and surprised when they received
the letter.
(b} Wesley E. Sr aling, t07S South Fox Street, requested that the el m
tree on the southwest corner of Nassau Way and South Fox be removed. He ex-
pressed concern over the safety of the tree stating it is diseased and could
cause serious problems . City Manager Fraser stated that staff will look into
the matter , but he explained the tree m~ be the responsib i lity of the City
and County of Denver if it is located on City Ditch property .
(c) Alan/Dan Haggett, 3925 South Clarkson Street , objected to the per-
mit fee as extortion . They strongly suggested the previous ord inance regard -
ing derelict vehicles was sufficient if the City would have enforced i t.
(d) Steve Passe , 4220 South Grant Street, spoke on behalf of al l those
who are involved In restoration of old er vehicles as a serious hobby. He ob -
jected to the invasion of his privacy and stated it is ridi cul ous to ch arg e
him or ot hers S100 for the privilege of owning and s t oring a ho bby ve hicle on
hts pro perty when it is having no i mpact on others . He stated the City 's of -
fer to tow away der elict vehicles, provi ding the title is turned over. is a
dis service to the ci t iLens . He urged Counci l to direc t their efforts to ge -
ting r id of junk vehicles, not hobby vehicles. He co11111ented ri egatively ab ou
what he considered to be "se l ective enforcement" of the or dina nce .
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Englewood City Council Minutes
August 5, 1991 -Page 3
City Manager Fraser addressed this concern, adv i sing Mr. Passe that the en -
forcement is not selective . He also explained the means by which certain cir-
cumstances of enforcement can be handled admin istratively. He again addressed
Council's concern over the large number of derelict vehicles throughout
Englewood.
Mr. Passe countered by asking how chargtng SlOO for derelict vehicles elim i-
nates them as eyesores.
(e) Steve Puryear , 2320 West Harvard Avenue , spoke on behalf of those
indtvidua ls who dre trying to get ahead by working on older vehicles with ltt-
tle or no resources. He stated the previous ordinance was more than suffi-
cient. He does not object to the City's efforts to rid Itself of junk , but he
does not like to see people limited to what they can do to better themselves.
He cot1111ented that 1f the neighbors are not complaining, then it should not
concern the City .
( f) Ken Haraldsen, 3018 South Washington Street, spoke ln support of
those people objecting to the S100 permit fee for hobby/derelict vehicles. He
complained about the cement blocks on residential property owned by Swedish
Medical Center, and suggested the City should ■ake an effort to repair 1ts own
propert1 when requiring citizens to ~ake repairs.
W John Tate, 955 West Oxford Avenu1t, requested that Council grant a
---~v7.a~rCT-:cance from the Building Division's deten11inatlon that he could not connect
his garage and hedge with an 8 foot gate In order to secure his two dogs . He
was advised that first he should explore alternative ways to reach a mutually
agreeable solution with staft and if that was not possible he could appeal
staff's decision through the Board of Adjustment and Appeals . It was also
suggested he consider N10nltoring his dogs with electronic collars.
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(h) Connie Daviet, 3032 South Delaware Street, spoke concerning t he
banner perm i tting process , expressing her frustration over the relocation of
the Tu11eries Festival banner . She offered several options which may allevi -
ate similar problems In the future. She suggested that the 3400 block be
modified to acconwnodate two banners, that guidelines and material specifica -
tions be established and followed. Discussion ensued relative to the r eloca -
tion of the Tuileries banner .
(I) Betty Acker , 3140 South Delaware Street, asked what the difference
is between the new and the previous derel ict vehicle ordinances. It was con-
firmed that the newly enacted ordinance was the same with the addition of the
permit fee. Ms. Acker stated her objections to the fees as being unf a ir an d
suggested Council enforce the previous ordinance .
(j) Hark Keefover , 3455 South Marion Street, Apt. 11 , stated tha t
paying the SIOO permit fee does not solve the problem of getting r id of
de relic t veh i cles. He suggested lowerin g the fee to S15 or S25 and the n If
people do not comply, they could be f ined.
(k) Juanita Fike, 3733 South Bannock Street , objected to pol lti cians
d i ctating to the c i tizen s what they can do and where and when they c an do it.
Englewood City Counc11 Minutes
August 5, 1991 -Page 4
She stated she Is a lot nore concerned abou t seri ous Issues s uch as the safety
at Ci ndere l la City , drugs, s kinheads , etc ., and she suggested Counc il re direct
I ts prior it les.
8 . C011111unicat1ons and Proclamations
(a) COUNCIL MEIIBER WIGGINS IIOVED, AND IT WAS SECONDED, TO PROCLAI" THE
CITY OF ENGLEWOOD 'S COfllITMENT TO "COLOftADO 2000 CotlMUNITIES," A PROGRA" INI -
TIATED BY THE GOVERNOR OF COLORADO TO INPROVE THE STATE 'S SCHOOLS.
Council Member Wigg i ns reques t ed that copies of the proclama ti on be sent t o
the Governo r and to t he various mellbers of the conrnittee .
Vote results:
Ayes:
Nays :
Absent :
Mo ti on carri ed.
Council Helllbers Hathaway, Wigg i ns, Bul l oc k , Haben ich t ,
\Ian Dyke
None
Counc i l Metlber Clayton
, (bl COUNCIL NENIER BULLOCK NOVEii, AND IT WAS SECONDED, TO ACCEPT NOntE
OF RESIGNATION OF COUNCIL IIDl8[l CUYTON FRON THE PARKS AND RECREATION
CO!fflJSSION,
Ayes :
Nays:
Absent:
Motion carried.
9 . Public Hear1n9
Counc i l He■bers Hathaway, Wiggins , Bullock , Haben icht ,
Van Dyke
None
Counc i l Ke!lber Clayton
No publ i c hear i ng wa s schedu l ed before Counc il,
10. Approval on Second Read i ng
Counc i l Me mbe r Habenicht r equested that Agenda Item lO(c) be r emov ed f or fur-
ther d i scussion .
COUNCIL NEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE ON SECOND READ -
ING AGEll>A ITEMS 10 (a) AND (b) AS FOLLOWS:
(a) ORDINANC E NO . 48, SERI ES OF 1991 (COU NCI L BIL L NO. 47, INTRODU CED
BY COUN CIL MEMBER CLAY TON), ENTITLED :
AN ORDIN AN CE AMEND ING TIT LE l , CHAPTER 6, SECT ION 2, TO INC LUDE TWO SUBSE C-
TIONS B. AND C. TO TH E ENG LE WO OD MUNI CIP AL CODE 198 5, EF FEC TI NG DEPAR TMEN TAL
ORGAN IZA TION .
(b ) ORDINANCE NO. 49 , SERIES OF 199 1 (COUNC IL BI LL NO . 54, INlR ODUCED
BY COUNC IL MEMBER BU LLOCK ), [NT IT LED:
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Entlew* City Council Nfnutes
August 5, 1991 -Page 5
AN ORD !NANCE SUBHITTING TO A VOTE OF TllE REG I STEREO ELECTORS OF THE C ITV OF
ENGLEWOOD AT THE NEXT SCHEDULED REGULAR MUNICIPAL ELECTION PROPOSED AMENDMENTS
TO THE CHARTER OF THE CITY OF ENGLEIIOOD AMEND I NG AND DELETING THE TERM
"QUALIFIED ELECTORS" ANO "TAXPAYING ELECTOR" AND TO AUTHORIZE THE TERM "REG IS -
TERED ELECT ORS " IN APPROPRIATE SECTIONS.
Ayes :
Nays :
Absent :
Motion carried.
Council Member s Hathaway , Wiggins , Bullock, Habeni cht,
Yan Dyke
Hone
Council Member Clayton
(c} With regard to Council Bill No . 55, Council Member Habenicht in -
qui red 1f the other entity i nvo 1 ved had off ic ia 11 y approved the agre e,111:nts .
After di scL•ss ion , it wa s detemi ned the agreements had been app l"oved an d
signed by tt,e City and County of Denver Board of Water Conm1:~ioners .
COUNCIL MENIER HAIENICHT MOVED, All> IT WAS SECOll>ED, TO APPROVE AI.EHDA ITEM IO
(c) -COUNCIL BILL NO. 55, ENTITLED:
AN ORDINANCE APPROVIN& AN A&REENENT IETVEEN TIIE CITY OF ENGLEWOOD AND THE CITY
OF DENVO IOARD OF VATO COIIIISSIONID.
Ayes : Council Members Hathaway , Wiggins, Bullock , Habenicht ,
Van Dyke
Nays: None
Absent: Council Member Clayton
Motion carried. Council 8111 No . SS is hereby as signed as Ordinance No. 50.
11 . Ordinances, Resolutions and !lotions
(a) Director Esterly presented a reconmendatlon from the Department of
Pub li c Works to award a contract for the removal and d is position of asbes tos
material from the boiler room at City Hall. Mr. Esterly reco11111ended the bid
be awarded to the second low bidder, A. R. Tech 1n the amount of $34 ,350 . Mr .
Esterly explained t he bonding proble11S with the l ow bidder, High Valley En-
vironmental. Discussion ensued relative to the indemnity; Ci ty Attorne y
DeWitt confirmed there is adequate protection for the City. City Manage r
Fraser adv i sed the work will be accomplished over a weekend dur i ng hours when
the building is not occupied. '
COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO AWARD THE ASBESTOS
ABATEMENT CONTRACT FOR THE CITY HALL BOILER ROOM TO A. R. TECH IN THE AMOUNT
OF $34,350.
Ayes:
Na ys:
Absent :
Motion c arri ed .
12 . General Discuss ion
Council Members Hathaway ,
Van Dyke
None
Council Member Cl ayton
Wigg i ns , Bul lock , Habeni cht .
Englewood t\ty counc\l Minutes
August 5, 1911 -Page S
(a) Mayor 's Cho ice
( i) Mayor Van Dyke requested that something be done about the
weeds which are growing on the l ot on which the microwave tower is located
(East Hampden Avenue /South Lincoln Street).
(b) Council Member's Choice
(i) A resolution appoint i ng a member of the Englewood School Board
to serve on the Parks and Recreation Conmisslon was considered. As the School
Board has not yet submitted a representative, it was sugge sted the item be
tabled .
COlNCIL MEMBER HATHAWAY MOVED, AND IT llAS SECONDED, TO TABLE AGENDA ITEM
12(b)( I).
Ayes :
Nays:
Absent :
Motion carried.
Counc il Members Hathaway ,
Van Dyke
None
Council Member Clayton
Wiggins, Bullock, Habenicht,
(ii) Council Member Hathaway requested a report be prepared by the
Public Works Department show i ng a comparis on between the current microsurfac -
i ng program and the previous years' slurry seal programs . She eKpressed con-
cern that the 111icrosurfacing might not be holding up as well as the slurry
seal procedure .
(111) Council Hember Wiggins:
I. He connented upon the fact that the left turn slot at DKford/Broadway has
not been painted though the short range project list Indicates i t was complet -
ed June 21, 1991. City Manager Fraser eKplained that the striping should be
completed within two days as part of the microsurfacing program.
2. With regard to the banner issue , he co,-ented he is not pleased with how
the matter was handled.
(iv) Council Member Habenicht :
l. Ms. Habenicht relayed concerns of citizens with regard to co de enforce -
me nt of tall weed s grow ing in the al leys and in vacant lo t s throughout
Englewood.
2. With regard to the derelict/hobby vehicle permit fee , she commented that
she had received a num ber of po sitive corrrnents from citizens exp r essing ap-
preciation f or Council having taken this act ion. She s uggested that in light
of opposing comments made earlier in t he meet i ng. fine-tuning of th ~ ordinance
may be nec essary: however, she does not feel the section should be thrown out.
3. She c ommented on the positive media coverage of the hous ing lottery.
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Englewood City Council N1nutas
August 5, 1991 -Paga 7
4. She suggested using the Neighborhood Watch groups as a comun1cation tool
for various city-oriented topics, such as revisions or fine -tuning of the
derelict vehicles ordinance.
5 . Concerning the ice cream vendor issue, about !oihich she has received
numerous inquiries, she has asked the City Attorney to review the existing
legislation for possible changes , and she plans to bring t hos e ideas to
Council .
6. Ms. Habenicht reported that "The Sound of Music" drama program was a very
positive effort, well attended , and well done. She advised that she feels
Council's previous concerns about the cost of the production and the l ack of
publicity in the past were addressed by staff and the volunteers in the plan-
ning of this year's production.
7. With regard to the Sound of Husic banner, she thanked staff and the
Public Service Company for all they did to accorrmodate two banners i n the
City. She expressed concern that lack of c~111111unication •ay have caused hard
feelings and offered that she felt the •alter had been dt alt with in a spirit
of cooperation.
Council Member Hathaway offered several suggestions to further the sp iri t of
cooperation with regard to the drama program and the Tulleries Fest i val. She
co11111ented that the biggest problet1 she had to deal with was to justify th -1
cost for the additional poles and that it was all done at the last minute.
v. Council Mewlber Bullock did not have any i tems to bring before
Council but he expressed apprec i at ton for the birthday cookie served dur1 ng
the study session .
13. C1ty Manager's Report
(a) Mr . Fraser reported on a recent conference call involving several
counc 11 IIM!mbers and staff members concerning our leg isl at ive efforts with
American Cities for Cleanup Equity (ACCE) regarding sewage sludge . He will
provide more specific information in Council's Newsletter of August 8 , 1991.
14. City Attorney's Report
(a) Hr. DeWitt presented a resolution suppor t ing federal leg is lation
i ~ t raduced by Senators Lautenberg and WI rth and others with regard to the
Toxic Cleanup Equ i ty and Acceleration Act of 1991 .
The resolution wa s ass i gned a number and read by title :
RESOLUTION NO . 67, SERIES OF 1991
A RESOLUT IO N SUPPORTING TH E TOXI C CLE ANUP EQUITY AND ACCELERATION ACT OF 1991
INTRODUCED IN THE UNITED STATES SENATE BY SENATOR FRANK R. LAUTENBERG ANO
SENATOR TIM WIRTH, AMONG OTHERS , RELATING TO IMPROVEMENTS TO TH E IMP LE MENTA-
TION AND ENFORCEMENT OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPE NSA TI ON
AND LIA8 1L ITY AC ~ OF 1980 (CERCLA).
Et1 glewood City Council Minutes
l\u Ql li>t Ii, 1991 -Page B
COUNCIL NENBER HATHAWAY NOVED, ANO IT WAS SECONDED, TO APPROVE RESOLUTION NO.
67, ;ERIES OF 1991.
Ayes:
Nays:
Absent:
Motion carried .
Council Members Hathaway,
Van Dyke
None
Council Member Cl ayton
Wiggins, Bullock, Habenicht ,
It was suggested that cop i es of Resolution No . 67 br sent to Senato r Laut en·
berg and to Englewood 's federil legislators as w~l as to ot her members of
ACCE and the City and County of Denver and the Denver Metro Sewage 01str 1ct to
alert them of the potential they also face with sewage sludge liability .
City Manager Fraser shared cop i es of a letter to Denver Regional C~unc i l of
Governments from the City of Littleton requesting ORCOG 's support in t his
issue.
COUNCIL MEIIIER HATHAWAY MOVED, MO IT MAS SECONDED, TO SEND A COPY OF RESOLU-
TION NO. 67 TO DENVER REQIONAL COUNCIL OF GOVERNMENTS ALON& WITH A LETTER
REQUESTJNQ ORCOG'S SUPPORT JN THIS MATTER.
Ayes: Council Members Hathaway , Wiggins , Bullock, Habeni c ht
Van Dyke
Nays : None
Absent: Council Helllber Clayton
Motion carried.
(b) WI th regard to the St. Lou1 s Church property, Mr. DeWitt advised
that the Court has entered a decree quieting title to the property which has
been recorded with the County Cl erk and Recorder . Efforts are underway to
conclude the transaction for the transfer of the property.
IS. Adjour..-nt
COUNCIL NElftlER HATHAWAY tlOYED TO ADJOURN. The meeting adjourned at 9 :45 p .m.
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