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HomeMy WebLinkAbout1991-09-03 (Regular) Meeting MinutesI I I. Call to Order tHGLEWOOO CITY COUNCIL £NGLEllOOO, ARAPAHO£ COUNTY, COLORADO Re ular Sasston Septellber 3, 199 1 The regu l ar meet i ng of the Englewood Ci ty Council was c alled to order by H~yor Van Dyke at 7:35 p.m . 2 . lnvoc:atton The t nvoc ·Jt i on was g i ven by Council Member Bullock. 3 . Pledge of All e gtance The Pledge of Alleg t ance was led by Hayo r Van Dyke . 4 . Roll Ca11 Present : Absent: A quo r um was present. Also present : s . Mtnutes Council Members Hathaway , Gulley, Wiggins, Bu l lo ck, Clayton, Haben i cht , Van Dyke None City Manager Fr aser C1ty Attorney DeWitt Deputy City Manager Mart i n City Clerk Crow Di rector Esterly , Publtc Works (a) COUNclL NEMER WIGIINS MOVED, AND IT WAS SECONDED , TO APPROVE THE NINUTES OF THE REGULAR MEETING OF AUGOST 19, 1991. Aye s: Coun cil Membe rs Gulley, Hathaway, Wigg i ns. Bullock , Clayton . Haben ic ht, Van Dy ke Nays: None Mo ti on carried . 6 . Pre-scheduled Visitors There we re no pre -schedu l ed vi sitors . 7. Non-scheduled Vis itors Engl-od City Council Minutes septaber 3, 1991 -Page 2 (a) Betty Acker, 3140 South Delaware, reiterated her co11111ents made at the pre v ious meeting that the new legislat i on reqard i •'J de r elict/hobby vehi - cles is unfair and not necessary if the previous ordinance ha d been enforced . She emphasized that a vehicle which is uninsured a11d .ot licensed shoulc:' not I necessarily be considered derel ict. Ms . A !;r, at0 ,·~turned to the pv:!'·um and stressed she agrees wh o !!!hea rtedly th ,· .. GY'!S•~· •'S" should be removed, but the previous ordinance would have accomp l l~~•~ ~~ 1 if it had be en enfo rc ed. She does not wis h to lose the right to rest, ·e ·n older vehicle on her own property and she does not feel that a vehtc e ~,,ou 1d require i nsu rance or l icensing until It ts ready for the street . (b) Ray Barlow, 3120 South Delawa r ., presented pet iti ons on behalf of Steve Puryear containing 27 signatures requesting Council to amend Ordinance No. I I , Serles of 1991, with reference to derelict/hobby vehicles . He com - mented that all of the people he had talked to viewed the new derelict/hobby \ehicle provisions as unfair . Defense of the or dinance was offered by Council Members Clayton and Bullock . Council Melllber Hathaway expla i ned that thl s legislation was passed as part of a total package, and the specific problems with this section can be reviewed and refined. It was pointed out that there 1 s considerable support in the conmunity for getting rid of junk cars. In response to Council Member Habenicht's coa11ents, tity Manager Fraser i ndicated staff will be presenting reconmendations to Council in mid -September In study session. The derelict vehicle 1ssue was further debated by Mr . Barlow . (c) Joe Macaluso, 4068 South Washington, turned in petit i ons with 20 signatures requesting Council to amend Ordinance No. 11, Series of 1991 , with reference to derel let/hobby vehicles. He questioned how the C1ty plans to enforce the ordinance . C1ty Manager Fraser explained enforcement procedures. 8 . C~n1cat1ons and Proclaaations (a) COlltCIL MEMBER HATIWIAY MOVED, AND IT VAS SECONDED, TO ~CEPT 111TH GREAT RELUCTANCE THE RESIGNATION OF WALT TONOOKA FROII TitE EN&LEWOOO OOIINTOIIN DEVELOPMENT AUTHORITY. Ayes : Nays: Mot ion carried. Counc 11 Hefflbers Gulley, Hathaway, WI gg ins, Bu 11 ock, Clayton, Habenicht, Van Dyke None (b) COUNCIL NEIIIER HATHAWAY MOVED, AND IT WAS SECONDED, TO ACCEPT WITH DEEP REGRETS THE RESIGNATION OF KEVIN STEELE FRON THE ENGLEIIOOO DOIINTOM! DEVELOPMENT AUTHORITY. Ayes : Council Memt,, · Gulley, Hathaway, Wiggins, Bullock , Clayton, Habe1 , ht, Van Dyke Nays : None Mot ion carried. Council Member Hatha~My requested that the let ter accept ing the resignation also extend s congratulations to Mr. Steele for his opportunit to op en a new Saf eway store in Littleton. 9. Public Hear in g No public hearing was sc heduled before Cou ncil . I I I Engl~ City Council Nlnute s S.ptellber 3, 1991 -Page 3 10 . Approval on second Reading COUNCIL NEMER HATHAWAY NOYlD, AND IT WAS SECOIIIEO, TO APPROVE ON SECOII> READ- ING AGENDA ITEMS 10 (a) THltot.M.fl (c) AS FOLLOIIS: (a) OROINANCE NO. 51, SERIES OF 1991 (COUNCIL Bill NO . 40, INTRODUCED BY COUNCIL MEMBER ~ATHAWAY) ENTITLED : AN ORDINANCE APPROVING A LEA SE BETWEEN THE CITY OF ENGLEWOOD ANO SWEDISH HOB 111 PARTNERSHIP . LTD . , TO OBl'AIN A I RS PACE OVER PUBLIC STREETS. (b) ORDINANCE NO. 52, SERIES OF 1991 (COUNCIL Bill NO. 56, INTRODUCED BY COUNCIL MEMBER GULLEY) ENTITLED: AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE REGIONAL TRANSPORTATION DISTRICT (RTD) FOR ENCLOSING AND CROSSING THE CITY DITCH FOR THE PURPOSE OF CONSTRUCTING AN EXPANSION OF AN EXISTING PARK-N-RIOE. (c) ORDINANCE NO . 53, SERIES OF 1991 (COUNCIL BILL NO. 58, INTRODUCED BY COUNCIL ll£MIIER BULLOCK) ENTITLED: AN ORDINANCE APPROVING A CONTRACT BETWEEN THE STATE OF COLORADO HIGHWAY DE- PARTMENT ANO THE CITY OF ENGLEIIOOO FOR A TRAFFIC FEASIBILITY STUOY OF COLORADO STATE HIGHWAY 285, FROM SOUTH SANTA FE TO BROADWAY. Ayes: Nays : Notion carried . Council Netlbers Gulley, Hathaway, Wiggins , Bullock, Clayton, Habenicht, Yan Dyke None 11. Ordinances, Resolutions and Notions (a) Director Esterly presented a recomiendation from the Department of Public Works to adopt a bil 1 for an ordinance author I zing the sa 1 e of the City's greenhouse property located at 25-40 West Union Avenue. Mr. Esterly stated one bid had been received from Waste Management of Denver-South in the amount of $140 ,000. The City Clerk was asked to read Council B111 No. S9 , entitled: COUNCIL Bi ll NO. 59, INTRODUCED BY COUNCIL MEMBER CLAYTON A BILL FOR AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY , SAID PROPERTY BEING COMMONLY REFERRED TO AS THE GREENHOUSE AND LOCATED AT 2540 WEST UNION AVENUE , ENGLEWOOD , COLORADO. COUNCIL NDIIIER CLAYTON NOVED, ANO IT WAS SECONOED, TO APPROVE AGENDA ITEM ll(a) -COUNCIL Blll NO. 59. Council Me mber Hathaway suggested amending the Council Bi l l to state the pur - c ha se price. Counci l Member Clayton agreed to this as a "friendly amendment." A new section i dentified as Section 5 was added to Council Bi ll No. 59 as fol low s : Englewood City Council Minutes Sept•ber 3, 1991 -Pag4t 4 SECTION 5. PURCHASE PRICE TO BE $140,000. Ayes : NitJS: fli,1tion carried; reading. Council Metlbers Gulley, Hathaway, Wigg i ns, Bu ·nock, Clayton, Habenicht, Van Dyke None Council Bill No . 59, as ar,ended, was approved on first (b) A reco11111endatlon from the Department of Financial ~e rvices to set a public hearing date for the 1992 Budget and the Highway u ~~ · ,r ust Fund on September 16, 1991 was considered. COUNCIL NEMIER HATHAWAY MOVED, AND IT IIAS SECOll)ED, TO SET A PUILIC HEARING DATE FOR THE 1992 IUD6ET AND THE Hl&HIIAY USER TRUST FUND Otl :,t PTEMBER 16, lttl, AT 7:30 P.N. City Manager Fraser lnfol"Md Council that City Hall will remain open on Sep - te11ber 16, 1991, with an open house commencing at 4 :00 p .m., which will pro- vide an opportunity for interested citizens to vi s it the various offices and to seek infonaatlon concerning the proposed budget . Responding to a question by Council Hember Habenicht concerning the Highway Users Trust Fund, Mr. FrHer clarified that the City Is required by state statute to hold this public hearing to solicit public connents on the use of the funds received fro11 the Shte. Vote results: Ayes: Nays: Hot1on carried. 12 . General Discussion Council Me!abers Gulley, Hathaway, Wiggins , Bullock, Clayton, Habenicht, Van Dyke None {a) Mayor's Choice ( i) Mayor Van Dyke provided an update on the series of meet lngs with Senator Brown and Congressman Schaefer concerning the SUPERFUND/lowry landfill issue. She and Council Hember Cl ayton agreed that the meetings have been b ■~eficial and enlightening for the of ficia ls who have attended. (b) Council Member 's Choice ( i) Council Member Gulley spoke concerning the derel i ct vehicle issu e , offering to meet with staff for the finalizat ion of approprl,te enforcement . (i i) Council Hember Ha thaway spoke brie fly concerning an article which appeared in the Rocky Mountain News r egar ding RTD 's MA C proposal . (iii) Council Member Wiggins expressed app reciat i on, through DI - rector Es t er ly , to the su perv isor of the sign shop for rep r int ing and mounting a street sign at his request. He inquired about the date s of ~LC 's Congress I I I I tnglewoocl Ctty Counctl M1nutes S.pt•ber 3, 1991 -Page 5 of Cities Conference in Las Vegas, and was informed the conference is scheduled for December 12-16, 1991 . Registration and travel wer e briefly discussed . (i v) Council Member Haben i cht stated the Library renovat 1 ons are complete and very impressive. The ingress/egress gate s were discussed . Ms . Habenicht suggested that signage be provided on the outside of the Co11111unity Room door i nviting the pub li c to join Council during the study sessions. (v) Council Mellber Clayton expressed appreciation to City Manager Fraser and staff for preparati on of the 1992 proposed operating budget; he connented upon its conciseness and its readability . Council Member Hathaway concurred. Mr . Clayton exphined to Council he will be discussing with the Keep Ainertcan Beautiful Co•ission his "personal perspective• concerning the municipal solid waste study; he stated he would be certain the Commission un- derstands he is not representing Counc il In this issue. (vi) Council Metlber Bullock offered several itet11s: 1 . He advised he is circulating an initiative and referendu~ petition rela- tive to Council travel . 2. He requested a copy of the City's personnel rules and regulations with regard to hiring and firing. 3. He coaNnted upon the pnisentatio~ by the consultants Knight-Ross. 4. He c.,_nted upon the study sesslnn presentation by the Building Di vision and questioned its purpose. 5. He stated he had been asked to pursue with Council the review of the con- tinued need of the Englewood Downtown Oe• elopinent Authority which, according to hh source, may have reached its maxi-effective life . This was dis - cussed further and the matter will be reviewed In the future. 13 . City Manager's R ■port (a) Mr. Fraser transmitted cop i es of The Englewood Citizen wh ich con - ta i ns information about the budget. 14 . City Attorney's Report (a) Mr . DeWit advised Council that the EPP has completed its com - prehensive au dit of the Bi-City operations . (b) He s tated a meet in g has been scheduled with Jim Schearer , EPA , for September 13, 1991 regarding Muni ci pal Settlement Policy in the slud ge i ssues. (c) He discussed br i efly mun ici pal enforceme nt of I iquor code viola- tions , es pe ci ally with reg ard to use of al coh oli c beverage s by minors . Englewood C1ty Council Minutes S.pteaber 3, 1991 -Page 6 (d) He adv i sed t ha t not i ce has been served on Pennhouse Apartment s wi th regard to Build i ng Code v i olations wh i ch are health and safety related . (e ) Mr . !'leWitt referred briefly to construct i on on Santa Fe (ra il ro ad spu r relocation between Hampden and Bel l ev i ew). (f ) With regard to domest i c violence cases, he advised that hi s staff i s re viewing and reevaluating the current trend of violat i ons which are now oc c ur i ng amongst the mi ddle -i ncome class . He I nformed Council that enforce - ment ts becoming more complex, defenses are more soph i sticated , and t he need for invest I gat ion 1s more apparent. (g) 11r. DeWitt presented lnfonnat l on about the settl ement and release agreement wi th Martin Manufacturing Co1111>1ny , and requested a motion for approval. COUNCIL MENIER BULLOCK NOYED, NII IT WAS SECONDED, TO APPROVE THE SETTLEMENT AND RELEASE A61l£EMENT WITH IIAlTIN IWIJFACTUlIN6 COIIPA.'tY. Ayes: Council Menbers Hathaway, Wiggins, Bullock , Clayton, Habenicht, Van Dyke N1ys: None Abstain : Council Me.be1 · Gulley Motion carri ed. Counc11 Menber Gulley was asked to explain her reason for absta i ning; she stated she was untnfonaed about the 111tter and did not wish to vote on tha t basis . C1ty Attorney DeWitt offered the acceptable reasons for ab~tentio,1s , adding, however, that I council aelllher uy be excused fr011 voting with unan1 • mous approval of the other -ii@rs of City Council . MYOR VAN DYKE MOVED, AND IT IMS SEcaD, TO ACCEPT 111[ AISTAINUNi VOU OF COUNCIL MOIIER IULLEY IN l1fE IIMTIN IWIIFACTURING COIIPAIIY· !iITTLEIIENT. Ayes : Council MNbers Hathaway, Wigg i ns , Bullock , Clayton , Habenicht, Van Dyke Nays : None Motion carried; abstent i on stands . • * .... City Manager Fraser advised that t hrough a c ooperative effort wi th th e Sc hoo l District, the City has been asked to d i sp l ay s ome of It s P.qulpment a t the h i gh s chool football game Fr i day even i ng, Sep t e mbe r 6 , 1991 , a s a pa r t of "En gle - wood Ni gh t." I I I I Englewood C1ty Council Minutes SepteMber 3, 199: -Page 7 15 . Adjourraent COUNCIL NENBER BULLOCK MOVED TO ADJOURN. The meet i ng adjou r ned at 9 :00 p.m.