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HomeMy WebLinkAbout1991-09-16 (Regular) Meeting MinutesI I 1. Ca 11 to Order ENGLEIIOOO CITY COUNCIL EN6LEVOOD, ARAPAHOE COUNTY, COLORADO Re ular Session SEPTDIIER 16, 1991 Ame71Je,I.; ...a?E:, 6 e 1)1,:,,,u:IF s o toj7/91 The regular meeting of the Englewood City Counc i l was called to order by Mayor Van Dyke at 7:31 p.m . 2. Invocation The i nvocation was gi ven by Council Member Wiggins. 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 ~nibers H1thaw11, Gulley, Wigg i ns, Bullock , Clayton, Habenicht, Van Dyke None City Manager Fraser City Attorney DeWitt Deputy City Manager Har 'in City Clerk Crow Director Hayes, Fin ancial Services Director Fonda, Ut i lities (a) COUNCIL NEIIBER WIGGINS MOVED, Allll IT WAS SECONDED, TO APPROVE THE MINUTES Of THE REGULAR MEETING OF SEPTEMBER 3, lS9l. Ayes: Council Members Gulley, Hathaw ay , Wiggins , Bullock , Clayton , Habenicht , Van Dyke Na ys: None Mo tion carr i ed. 6 . Pre-scheduled Visitors (a) Ric hard Ed ison, Fire Div i sion Parame<Ji c, Safety Service s Depart - ment , wa s recognized and honored a s Englewood '. Em ployee of the Month for September. Er glawood City Council N1nutH .. Sept•ber 111, 1991 -Page 2 7 . Non-scheduled V1s1tors There were no non-scheduled v isitors. a . c-inicat1ons and Proclautlons (a} COUNCIL NENBER HATHAWAY MOVED, AND IT WAS SECOIIIED, TO ACCEPT NOTICE OF SHERI GULLEY'S RESIGNATION AS A MEMBER OF THE WATER AND SEWER BOARD . Ayes : Council Members Gulley, Hathaway, Wigg ins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. (b) COUNCIL MEMBER CLAYTON ttOWm, MD IT WAS SECONDED, TO DECLARE THE WEEK OF SEPTENIER 17 -23, 1991 AS •tOIISTITUTION WEEK,• AYes: Counc il Members Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carr1 ed . The proch.mat i on was presented to Donna Santi str,var,, a rep- resenlat ive of the Daughters of the American Revolution . (c) COIIICIL MENIER HATIIAIIAY MOVED, NII IT WAS SECONDED, TO DECLARE SEP- TENl!ER 28, 1991 AS "IIINTINI AIII FISHINI DAY.• Ayes: Council Mellbers Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays : None Motion carried. (d) COIIICIL MEIIBER lfl&alNS IIOYED, NII 11 IIAS SECOll>ED, TO DECLARE OC- TOBER 19 -27, 1991 AS "RED RIBIDN lfEEK• SHOWIN& COUNCIL'S STROM CONIUTMENT TO A DRUG FREE CONIIJNITY, AYes: Council Hembers Gulley, Hathaway , Wiggins , Bullock , C1ayton, Habenicht , Van Dyke Nay s: None Motion carr1,.d. En glewood School program . It was suggested a copy of the proclamation be sent to the District as an indication of the City's suppo rt for this 9. Public Hearings (a) COIIICIL NENBER HATHAWAY MOVED, All> IT WAS SECOfl>E'D, TO OPEN THE PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON THE CITY'S 1992 PROPOSED BUDGET. Ayes : Council Members Gulley , Hathaway, Wiggins, Bullock, Nays : Motion carried and public hearing was Clayton, Habenicht , Var Dvke None public hearing opened. Evide~c e existed that notice of the publ is hed in the Englewood Herald on August 29, 1991 . City Manager r raser explained the Ch arter requires a public hear i ng be held prior to Council 's del i berations on the proposed budget . He commented that this year's budget wo rkshop 1s scheduled for September 20 and 21, 1991. The budget as proposed is virtua ll y the same as the 1991 budget, being with i n a I I I I Englewood C1ty Council Ntnutes Sept•ber 16, 1991 • Page 3 fraction of a per cent dolhrwise . He stated t he budget is fruga l and ls r espons i ve to conce r ns of Council and the colll!lunlty. Mayor Van Dyke in vi ted the audien ce t o speak to this is s ue . (i ) Betty Acker , 3140 South De l aware Street, asked concerning the projected expenses and inqu i red i f there were any proposed cut backs for police and fire. City Manager Fraser stated the budget as proposed ma i ntains those serv ice leve ls. Hs . Acker asked about Council 's out-of-town meetings, and she was i nformed that Council 's budget workshop will be held at Jeffer son County Open Space Center with ■i nlmal costs . With regard to Hs . Acker 's qu es - tion about pol i ce and fire s ervice levels, Council ii.etnber Clayton conwnented that Englewood 's fire ISO rat i ng has improved from a four to a three wh i ch basically means that fire Insurance rates should be lower this year based on the quality of service ava i lable. There were ~o other cit i zens present who wi shed to address City Counc i l con- cerning tbe 1!19Z proposed budget. COUNCIL NENlia IIICGINS NOVED, NG IT WAS S(COlll£D, TO CLOS( THE PUBLIC HEARIN&. Ayes : Council He■bers Gulley, Hathaway, Wiggins , Bullock, Cl1,Yton, Habenicht, Van Dyke Nays: None Notlo, carried an~ public hearing closed . (b) COUNCIL IIEIIIER HATIWIAY IIOVED, NID IT IMS S(COll)ED, TO OPEN THE PUILIC HEARINI TO ltECUYE CITIZEN INPUT ON THE HIIIINAY USER TltUST FUND. Ayes : Council lletlbers Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke N&,ys: None Motion carried and publ i c hearing opened. Evidence existed that notice of the public hearing was published In the Englewood Herald on August 29, 1991. Director Hayes, Fi nanc i al Services Department, offered information concerning the requirement of State statute that the City hold a public he ar i ng t o receive citizens input on the use of the approxiaate half million dollars the Ci ty rece i ves from the Highway User Trust Fund (HUTF). Ms . Hayes responded to questions of Counc il concerning the use of the funds, which may be used fo r road and bridge repa i r s and 111 l ntenance. City Manager Fraser fu rth e r ex- p 1 a i ned the monie s ar e available fo r reconstr uct i on , new con s truct io n , r epa ir of ex i st i ng streets • all tho s e act i vit i es that ar<! Involv ed i n t he main · tenance of the roadway system wh i ch ar e the Ci ty 's respons ib il ity as oppos ed to the res i dent 's responsibil ity, i.e ., paving districts . The use of HUT F mon i es for med i ans was posed. Cit izen input was r eque s ted ; no one wi she d t o s pe ak. COUtiCIL MEM8£R HATHAWAY MOVED , 00 IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. Engl~d City Council "inutes Sept•ber lfi, 1991 -Page 4 Ayes: Council Members Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht , Van Dyke Nays : None Motion carried and public hearing closed. 10 . Approval on Second Reading COUNCIL "EJIIER IULLOCK IIOVED, NI> IT WAS SECONDED, TO APPROVE ON SECOND READ- JIIQ AGEIIIA JTEN 10 (a): (a) ORDINANCE NO. 54, SERIES OF 1991 (COU UCIL BILL NO . 59 INTRODUCED BY COUNCIL MEMBER CLAYTON), ENTITLED: AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY, SAID PROPERTY BEING COM - MONLY REFERRED TO AS THE GREENHOUSE AND LOCATED AT 2540 WEST UN ION AVENUE, ENGLEWOOD, COLORAOO . Ayes : Nl,)'s: Motion carried . Council Members Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None 11. Ordinances, Resolutions end Notions (a) Director Fonda presented a rec-ndation frOII the Water and Sewer Burd to adopt a bill for .in ordinance approving two l f cense agreements sub- ■1 tted by Cherry Hills V1lli1Qe for the construction of a 6" water line. Mr. Fonda explained the agretNnts per11itted the crossing of the City Ditch In two areas. The City Clerk was asked to read Council 8111 No. 57, entitled: COUNCIL Bill NO . S7, INTRODUCED BY COUNCIL MEMBER BULLOCK A BILL FOR AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF EN- GLEWOOD ANO CHERRY HILLS VILLAGE FOR THE CONSTRUCTION OF A SIX INCH WATER LINE BY CHERRY HILLS VILLAGE CROSSING THE CITY DITCH IN TWO AREAS. COUNCIL IIEJIBER BULLOCI( NOVED, AND IT VAS S£tONDED, TO APPROVE AGENDA ITEN ll{a) -COUNCIL IILL HO. 57. Ayes: Council Members Gulley, Hathaway, Wiggins, Bullock . Clayton. Habenicht , Van Dyke Nays; None Motion carried. (b) Direc t or Fonda presented a recormiendation from the Water and Sewer Board to adopt a bill for an ordinance approv i ng an agreement with Southgate Water Distr i ct an d Kiowa Re ~ources, In c ., relating to water rights for the South Platte Ex change Project . The Ci t y Clerk ~as asked to read Council Bil l No . 62 , entit l ed : COUN CIL B Ill NO . 62 , JtlTRODU CEO BY COUN CIL MEMBER GUL LEY I I I I Englewood City Coun<:11 Minutes Septaber 16, 1991 -Page 5 A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, SOUTHGATE WATER DISTRICT AND KIOWA RESOURCES, INC., RELATING TO WATER RIGHTS FOR THE SOUTH PLATTE EXCHANGE PROJECT . COUNCIL MENIER liULLEY IIOYED, AND IT WAS SECOIIJED, TO APPROVE AGEIIIA ITEN ll(b) -COUNCIL BILL NO. 62, /\yes: Nays : Motion carried. Coun c il Me11bers Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None {c) 01 rector Hayes presented a rec011111end1t t on frOII the Nonemergency Pension Board to adopt a bill for an ordinance providing a three percent {3~) cost of living adjust1Nnt for retirees. Ns. Hayes explained that if approved the cost of living adjustment would be effective Jan~ary I , 1991, and would be the first cost of living adjustment given to ret i rees since 1983. The average amount of adjust111ents will be S46 .85 per N!cipient per 110nth with the lowest single adjustment being S6. 99 and the highest S193 .68 with the yearly cost increase to the Plan being $38,792.64. In addition, the prop osed ordinance incorporates into the Pl1n necessary language precipitated by tax law and the Internal Revenue Service . The City Clerk was asked to read Council 8111 No. 61, entitled: COUNCIL BILL NO . 61, INTROOOCEO BY COUNCIL MEMBER GULLEY A BILL FOR AH ORDINANCE AMENDING SELECTED SECTIONS OF CHAPTER 6, TITLE 3, EN - GLEWOOD MICIPAL CODE 1985, COHCERNING THE RCTIREMENT PROGRAM FOR NONEMERGEN- CY EMPLOYEES, ENTITLED "CITY OF ENGLEVOOO NONEMERGEflCY EMPLOYEES RETIREMENT PLAN ANO TRUST AS AMENDED AND RESTATED EFFECTIVE JANUARY I, 1991." COUNCIL NEMER IULLEY NOYm, AND IT WAS SECOIIJED, TO APPROVE AGENDA ITEM ll(c) -COUNCIL BILL NO, 61. Ayes ; Nays: Motion carried. 12 . General D1scuss1on Coun c il Members Gulley, Hathaway, Wiggins , Bullock , Clayton, Habenicht, Van Dyke None (a) Mayor 's Choice (i) Mayor Van Dyke announced that Governor Rom e r wi ll be the guest of the School District on Fr i day, Septemb~r 20th at 7:30 a.m . at Sinclair Mid - dle School . Governor Romer will be promoting Colorado 2000. Council Member Habenicht was asKed to a ttend as Mayor Pro Tem, ~nd Mayor Van Dyke encouraged other me mbers of Council, staff, and citizens or the City to at te nd . {b) Cou ncil !lember ' s Choic e ( i) Council Member Bullock inqu i red abou the "Rule of 88 ." He asked the City At torl"r " to ci , ,ft leg is lation allowing an employee -by -employ ee Englewood City council Minutes Sept•ber 16, 1991 -Page 6 analys t s for all employees who have 20 years or more service with the City but who do not qualify under the Rule of 88. Mayor Van Dyke suggested that staff provide Council with insight into how many employees 111ay be involved, along with any historical precedence . ( 11) Council Member Clayton requested cons 1derat ion of SI, 100 travel ~osts for his attendance at National League of Cities (NLC) conference In Las Vegas in Dec ember . He offered that his attendance as a member of NLC 's Environment, Energy, and National Resources Committee is essential as the com- mit tee is considering the Issue of SUPERFUND 11 abi 11 ty and support of the Wlrth/Lautenberg toxicity bill . He stated the Water and Sewer Board has reconmended that Director Fonda and one other person attend. COUNCIL NENBEI HATHAWAY NOVm, All) IT WAS SECOfllm, THAT NR. CLAYTON'S TRAVEL REQUEST IE APPWOYED. Council Member Bullock posed several pertinent que stions regarding the trip and Hr. Clayton's position If not reelected . Mr. Clayton responded stressing the Importance of attendance In light of NLC's recent 1nnounce11ent not to sup- port the Wlrth/L1utenberg legislation. He stated, "it ls critical to Engle - wood's future not to back down on this lssue." Council Me111ber Bullock quest i oned the effectiveness of this lobbving effort by the City. City Attorney DeWitt offered lnfor111atlon concerning Engll!'llood's position should the Wlrth/lautenberg legislation fall, and he COlllftented it is incomprehensible that NLC has taken this position. In the event lllr. Clayton is not reelected, Mayor Yan Dyke stated she is will - Ing to go In his place to support the issue. Council Metllber Habenicht supported Mr. Clayton as the designated representa• tlve of Colorado Municipal League on the NLC connlttee , and she stressed the importance of maintaining continuity In the matter, whether it be Hr. Clayton ~r M1yor Van Dyke representing the City . Fe • _; ·• t of Council Member Gulley, Council Member Clayton e)(plained how h , .. .,. · ·' ,•,nt as a member of NLC 's Environmental, Energy, and Natural Resource~ .,'11111ittee was made with Council's support and through Colorado Mun1 cl pal League's endorsement. Council Member Wiggins strongly suggested postponing any act i on on Mr. Clay - ton's request until the el ec t i on results are known . Council Member Hathaway offered to a111end her motion making it subject to Mr. Clayton's reelection; however, Mr . Wiggin s still opposed the motion. COUNCIL MEMBER WIGGINS MOVm, AHO IT WAS SECOlllED, TO TABLE THE MOTION. Ayes: Council M,.mbers Gulley. Hathaway, Wigg i ns, Bullock Habenicht I I Na ys: Cou nc il Members Clayton, Uel,e11ieM. Vct,, 'i>,ke f c Motion carr ied: motion tabled. ,Oj</jq, (iii) Coun ci l Member Habenicht addressed several is s ue s : I I EngllWOOd City Council N1nutes S.pt._..r 16, 1991 -,,,. 7 J . She announced the City will receive Sl51,800 .88 in lottery funds from the Conservation Trust Fund . She further explained these funds are dedicated to capital improvements In the recreati on area. 2 . She Informed Council t.hl• the I ibrary Soard plans to recorrmend that a student member be appointed to t ~e Soard. 3 . Ms . Haben icht spoke concerning a letlel' received from the Arapahoe Cul- tural Council concerning an upcoming grant s workshop. She reconnended that staff attend along with others who are lnten·hd in seeking funds for cul- tunl programs. 4. She stated she is considering introduc : leyislation which wou ld affect proceeds received by the City from sale ~f I~. capital asset s, and she asked for input frot11 staff in this regard . 5. Ks. Habenicht {later in the meet Ing) stressed the need for vigilance regarding the possibll lty of the State legislJture funding education through ·m I ncrea ed sales tax. (iv) Council ltellber Wiggins inquired about the request of ABM Han- ag-nt Service to reao trees in U.e vic i nity of Trolley Square. City Man - ager Fnser advi sad the request ude by Trolley Square property 111naglffllent se1111s to be moot at the present ti111e. Council Mellber Gulley, however, felt the issue should be revhited as there 1s I also growing concern a11111ng the Broadway 11erchants about the trees. City Manager Fraser advised that staff has been discussing the issue of trees and signage with the Engl-od Downtown Oevelopaent Authority (EDDA) and a proposal by EDOA l s expected . Council Mem- ber Habenicht stated the trees, if they continue to be I problet11, should be relocated and rephced with attractive, low shrubbery. The d1leN1a e,cperi- encad by 1tte111pting to blend the •rchants' need for sfgnage and the City's wish to provide greenery in the downtown area was explored. Regardless of the outcome, Counc i l Member Clayton suggested the bus stop on Englewood Parkway be IIOVed 50 fee t to the west, which would vi sually i111prove the south side of Tro 11 ey Square. (v) With regard to the EDDA proposal mentioned by Mr . Fraser con- cerning signage and other matters, Council Member Hathaway stated the proposal will be given t~ Counci ~ in the near future . She briefly explained the pro- posal includes lnfo!".,ation aboui. an improved s i gnage package for the downtown area. Regardi :,g the recent letter ot George Allen in the Englewood Herald, Ms. Hathaway .s rdted the EDDA had dtscu~sed the matter and were plann ing to inith'e contact w'th the merchants to de L.,rmi ~e the ir position. She stated the EDDA intends to hire a director who will facilitate that contact. The director position was discussed . She co11111ented she still has not seen a legal op i nion with regard to the proper procedure for dis solving the EUDA. 13. City "anager's Report (a) At the request of Mayor Van Dyke, City Manage r Fr ase r provided in - formation concerning Council 's current position on the derelict/hobby vehicle issue. He explained that in the event a property owner with a vehicle which EngllWOOd City Council lltnutts S.pt..iter JS, 1991 -Pave 8 meets the qual tfications of a derelict specified they were working on the vehicle, they would be granted a slx-1110nth waiver of the enforcement of the fee requirement. At the end of six 11111nths either the vehicle would be off the property or street operable and licensed; otherwise the fee would be imposed. I With regard to towing, the rec-ndation ts to expand the administrative policy by towing and removing vehicles from the City whether or not the City received ownersh;p of the vehicle . Counc I 1 Member Hathaway requested that the recomtended pn1posa 1 s be sent to all parties who spoke before Council regarding this issue, requesting their input. City Manager Fraser proposed a letter be sent by staff explaining Council's actions, soliciting Input, and advis i ng when the issue will be be- fore Council for fonnal action. (b) Mr . Fraser transmitted copies of the agenda for the weekend budget workshop to commence Friday, September 20th at 3 :00 p .m. (c) He advised he recently to1m,.:i the Project BUI LD horaes. There are seven sites either under contract or close to being under contract for con- struction . The neighbors In all seven locations are very excited about the progru . Brochures about each slt.e are being prepared and will be available shortly. He also toured the hoaes involved In the Urban Hmesteading Pr.:,gr1m and stated he feels this progra11 wn l hue an 1pprec I able effect upon the netghborhoods In which they are located. He c-nted that the proposed bud- get for 1992 includes an expansion of both progr111s. 14. City Attorney's leport (1) "r. DeWitt pro ,lded I s~1ry of the 111eetlng with "r. Scherer, EPA Region VIII Regional Adll l nlstrator. The topics covered Included l) Toxtc Cleanup Equity and Acceleration Act of 1991; 2) Sewage Sludge Toxicity and Lowry; 3) Comparison of Sewage Sludge to De "1n1mts Criteria at Lowry . (b) With regard to National League of Cities' recent position with regard to SUPERFUNO, "r. OeWitt strongly urged Counc i l to contact anyone they may know within the National League of Cities' and complain about the handling of this legislation. He 1lso recognized several Individuals who have been very supportive. (c) He provided Co•m ;il with copies of an article wh ich appeared In the Wall Street Journal entit)ed "Insurers Lose Round Over Cleanup Costs ." (d) He shared copies of a letter from Radio Pr operty Ventures express- ing appreciation to Ci ty Council and staff re l at ive to the relocation of the radio station on the Bl -C ity pr operty. {e) Hr . De Wit t not ed there ha d been some discussion as to whether a letter should be sent to the c itizens regarding SUPERFUNO. Th e status of the leg i slation and Cou nc i l 's opt i ons we r e reviewed . I I Entltmod Ctty Counctl lhnutes 3-pt-.r 11, 1991 -Page 9 15 . AdJourraent COUNCJL IIENIER IU&QJNS MOVm TO AOJOuRH. Th ~ meet i ng ac'Journe,f at 9 : 16 p .m.