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HomeMy WebLinkAbout1991-10-07 (Regular) Meeting MinutesI I Call to Order ENGLEWOOD ClTY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular !>ession October 7, 1991 The reg ular meet i ng of the Englewood City Counc i l was called to order by H1yor Van Dyke at 7:32 p .m. 2. Invocation The invocation was given bJ 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 . Mi nutes Council l'le:nbers Hathaway, Gulley, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None City Manager Fraser City Attorney DeWitt Deputy City Manager Hartin City C 1 erk Crow Director Fonda, Utilities Director Black , Recreat i on (a) Cou nc il Me mber Wiggins r equested t hat t he mi nu tes of Se ptem be r 16 . 199 1, be ame nded : Page 6. vo t i ng re cord on Age nda Item 12(b)(i i ) to read Ay es: Cou ncil Mem ber s Gulley, Ha t haw ay, Wig gi ns, Bullock, Hab enich t Na ys: Coun c i 1 Members C 1 ayt on, Van Dyke . COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED , TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 16, 1991, AS AMENDED. Englewood City Council Ninutes October 7, 1991 -Page 2 Ayes: Nays: Motion carried . Council Members Gu ll ey, Hathaway, Wiggins , Bullo ck. Clayton, Haben i cht, Van Dyke None 6 . Pre-scheduled Visitors (a) Monte Perkins and Myrna Jayn Cherne appealed the denia l of their appl t eat ion for a Commercial Amusement Center License at 3924 South Pearl Street. COUNCIL MENBER HABENICHT MOVED, AND IT WAS SECONDED, TO SET A PUBLIC HEARING ON NOVEMBER 4, 1991 AT 7:30 P.H., TO CONSIDER AN APPEAL OF THE DECISION OF THE DIRECTOR OF FINANCIAL SERVICES TO DENY AN APPLICATION FOR A COMMERCIAL AMUSE - MENT CENTER LICENSE AT THE COTTAGE MARKET, 3924 SOUTH PEARL STREET, ENGLEWOOD, co. Ayes: Nays: Motion carried. Council Members Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None 7. Non-scheduled Visitors (a) Dan Jenson, 3240 So uth High Street, requested equal treatment in the enforcement of banners and sale signs for his business located at 3531 South Logan Street. He commented that it does not seem fair to allow competi- tors to advertise in this manner. Discussion ensued; Hr. Jenson was assured equal enforcement can be expected. (b) Ron Boston, 7B50 South Ogden Way, urged retention of the Plans Ex - am i ner pos ition, citing prob l ems which could be exper i enced in contracting for plan review, i.e., delays, costs, etc . He stressed the need for quality buildings which meet code requirements for the preservation of the City and the safety of firefighters and c1t1zens . (c) Darlene Gruninger, 3655 South Delaware , No . 222 , repre senting the Englewood Employees Association (EEA), spoke concerning the Plan s Exa mi ner position. She stated the EEA 1s in agree ment with Mr . Boston 's co mme nts regarding the Plans Examiner position, that from the safety and liability aspect, it is i mportant to retain the position. She offered f i nancial data that indicates the cost of contracting plan review would exceed the sal ary an d benefits of the pos ition. 8. ommunications and Proclamations (a) Directo r Stanley , Safety Services, prese nted the Pedestrian Safet Ci tation which wa s recently awarded to the City of Englewood by the AAA Aut o Club. Mr. Stanley ex pla ined hon ors for the award are equally sha red with the Department of Pub 1 i c Work s . He in formed Counc i 1 the awa rd recogn i z s he fa c tha t there were no pedes tr i an f atalities in 199 0. I I I I Englewood Ctty Council "tnutes October 7, 1991 • Page 3 (b) COUNCJl "E"BER BULLOCK MOVED, ANO IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF OERYL V. &EASE FROM THE EltGLEWOOO URBAN RENEWAL AUTHORITY. Ayes: Council Members Gulley , Hathaway, Wiggins , Bullock , Clayton, Habenicht, Van Dyke Nays: None Motion carried . (c) COUNCIL ME"BER HATHAWAY MOVED, ANO IT WAS SECONDED, TO DECLARE THE MONTH OF OCTOBER "BREAST CANCER AWARENESS MOP!"!H." Ayes: Council Members Gulley, Hathaway, Wiggins, Bullock, Clayton , Habenicht, Van Dyke Nays: None Moti on ca r ried . (d) COUNCIL MEMBER HATHAWAY MOVED, ANO IT WAS SECONDED, TO DECLARE THE WEEK OF OCTOBERS• 12, 1991, AS "FIR[ PREVENTION WEEK." Ayes: Council Member s Gulley, Hathaway, Wiggins , Bullock , Clayton , Habenicht, Van Dyke Nays: None Motion carried. (e) IT WAS UNANiltOUSLY IIOVED 10 DECLARE OCTOBER 15, l9!H, AS "ELSIE HALLEY DAY.• Ayes: Counc1l Members Gulley, Hathaway, Wiggins, Bullock, Clayton, Haben i cht, Van Dyke Nays : None Motion carried. City Manager Fraser stated the proclamation will be presented to Mrs. Halley a the volunteer recognition ceremony scheduled for October JO at the Halley Ce nter . (f) COUMCIL ME"BER HABENICHT MOVED, AND 11 WAS SECONDED, TO DECLARE THE WEEK OF OCTOBER 20 · 26, 1991, AS "NATIONAL BUSINESS WOMEN'S WEEK.• Ayes: Council Members Gulley, Hathaway, Wigg i ns , Bullock. Clayton, Habenicht , Van Dyke Nays: None Motion carr i ed . Mayor Van Dyke presented the proclamation to Marj Sluder , Pre sident of Englewood Business and Profes sional Women's Club . (g) COUNCIL HENBER BULLOCK MOVED, AND IT WAS SECONaEO, TO DECLAR E THE WEEK OF NOVEMBER 24 TO DECE"BER 1, 1991, AS "NATIONAL BIBLE WEEK." Aye s: Council Members Gulley , Hathaway , Wiggins , Bullock. Cl ayton , Habenicht, Van Dyke Na ys; one Motion carried. (h ) IT WAS UNANIMOUSLY HOVEO TO APPROVE THE PROCLAHATION HONORING CHE T AND MARY HALLAGIN ON THEIR FIFTIETH WEDDING ANNIVERSARY , Aye s: Cou ncil Members Gull ey, Hathawa y . Wiggin s. Bul l ock, Cl ayton, Haben i cht, Van Dyke Nays: None Mo i on carr ied . Eng11wood C1ty Counc11 N1nut1s Octob1~ 7 , 1091 · P1g1 4 (i ) IT WAS UNANJNOUSLY HOVEO TO APPROVE THE PROCLAMATION HONORING RAY ANO IRENE HORNER otl THEIR FlnlETH WEOOING ANNIVERSARY. Aye s: Counc i l Members Gu lley, Hathaway , Wigg ins , Bullock, Clayton , Habenich t, Van Dy ke Nay s: No n e otion carried . 9 . Publ i c Hearing tlo pub l i c hearin g wa s schedul ed before Cou ncil. 10. Approval on Second Read1ng COUNCIL MEMBER HATHAWAY MOVED, NID IT WAS SECONDED, TO APPROVE ON SECOND READ - ING AGENDA ITEMS 10 (a} THROUGH (c) AS FOLLOWS: (a} ORDINAN CE NO . 55, SERIES OF 1991 (COUNCI L BILL ND. 57 IN TRO DUC ED BY COUNCIL MEMBER BULLOCK) ENTITLED : AN ORDINANCE APPROV I NG A LICENSE AGREEMENT BETWEEN THE CITY OF ENG LEWOOD AND CHE RRY HILLS VILLAGE FOR THE CONSTRUCTION OF A SIX INCH WA TER LINE BY CHERR Y HILLS VILLAGE CROSSING THE CITV DITCH IN TWO AREAS. (b) ORDINANCE NO . 56, SERIES OF 1991 (COUNCIL Bi l l NO. 61 INTRODU CE D BY COUNCIL MEMBER GULLEY) ENTITLED : AN ORDINANCE AMENDING SELECTED SECTIONS OF CHAPTER 6 TITLE 3, ENGLEWOOD H\JNICJPAL CODE 1985, CONCERNING THE RETIREMEN T PROGRAM FOR NONEM ERGENCY EM• PLOYEES ENTITLED "CI TY OF ENGLEWOOD NONEMERGENCY EMPLOYEES RETIREMENT PLAN ANO TRUST AS AMENDED ANO RESTATED EFFECTIVE JANUARY 1, 1991 ." (c) ORDINANCE NO. 57, SERIES OF 1991 (COUNCIL BILL NO . 62 INTRODUCED BY COUNCIL MEMBER GU LL EY) ENTITLED : AN ORDINANC E APPR OVING AN AGREEMENT BE TWEEN TH E CITY OF ENG LEWOOD , SOUTHG AT E WATER DI STRICT ANO KIOWA RESOURCES , INC ., RELATING TO WATER RIGH TS FO R THE SOU TH PLATTE EXCHANG E PROJECT . Aye s: Nays : olion carried . Co unc il Me mb ers Gull ey , Hathaway, Wigg i n s , Bullock , C1ayton, Haben i cht , Va n Dyk e None 1 1 . Ordi n ances, Re sr1ut i ons and Mot i ons (a) A recommendation from the Eng l ewood Liquor Li censing Au lhor i t y to ado pt a bill f or an ord i nance to a ll ow the issu an ce of t emporar iquo r l ice n se permi ts wa s considered. The Cit y Cl erk was a s ked o read Council Bi ll No. 6 4 , entitled: COUN CIL BILL NO. 64, INTRODUCED BY COUNC IL ME BER GULLEY I I I I En91ewood City Council Minutes October 7, 1991 -Page 5 A BI LL FOR AN ORDINAN CE AHENDING TITLE 5, CHAPTER 38 OF THE ENGLEWOOD MUNICIPAL CODE BY ADDING A NEW SUBS EC TION SE. COlllCIL MEMBER GULLEY MOVED, AND IT WAS S':CONDED, TO APPROVE AGENDA lTEH 11 (a) -COUNCIL BILL NO. 64. Council Member Clayton offered addit iona l information concerning the tempor ary license fee, stating In his op in ion the fee is ex cessive. COUNCIL MEMBER CLAYTON MOVED TO REDUCE THE TEMPORARY PERMIT FEE FROM $100 TO ss . The rnotion died for a lack of second. Further explanation of the fee structure and the process to be followed in considering the granting of temporary licenses as ~pposed to the current pro - cess of management agreements was offered by City Clerk Crow and City Atto r ney DeWitt . It was al so pointed out by Council Member Hathaway that the temporary license provides thE opportunity for the applicant to co11duct business in the interim 120+ days whii~ the transfer 1s being processed . City Manager Fraser assured Council the recomnended fee is a minor offset of the costs the City encounters in processing the application; in light of Coun - cil's direction that costs be recovered i n appropriate circumstances, he con - curred with the recon,endat i on. City Attorney DeWitt pointed out that a new legal relationship is created by the te~porary permit which 1s identifiable in terms of rights , ownership, and obligations , all of which are missing In the current manage~ent agreement pro- vi sions. He stated the proposed process wi l l provide benefits to the trans- feror as well as to the transferee. He further comnented that the new status created by the "permit" is probably appropriate to evaluate the overall ex- pense associated wi th it. Vote results : Ayes: Nays: Mo ti on carried . Council Members Gulley, Hathaway , Wigg i ns, Bullock , Habenicht , Van Dy ke Council Me mber Clayton (b) Di rector Fond a pre sented a reco mme ndation from the Bi-City Super- visory Committee to adopt a bi l1 for an ordinan ce i nco rporating req uired Feder al Pretreatment Re gul at ions and l ocal en f orcement r equirement s in t o th e Wast ewater Uti l ity Ordinance . Ci ty Attorney DeWitt pointed ou t the aggressive nat ur e of the ordinan ce. commenting upon the f ine of $2,000 as al1t horized by federa l law. Mr . Fonda con f irmed that the pro posed ordinance actually l owers he pr etre atme nt requireme nts and that proper notification will be given t o all users of th e sys tem. Te Ci ty Clerk was asked to read Council Bi ll No. 60, entitled: COUNC I l 81 LL rm . 60 . ItHR ODUCEO BY COUN CIL M[MB ER HAlH AWA\' Englewood C1ty Council Hlnutes October 7, 1991 -Page 6 A BILL FOR AN OROINAtKE AMENDING TITLE 12 , CHAPTER 2, WASTEWATER UTILITY. COUNCIL MEHBER HATHAWAY HOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM ll(b) -COUNCIL BILL NO. 60. I Ayes : Co unc i1 Members Gulley, Hath away , Wigg I ns, Bullock, Clayton, Habenicht , Van Dyke Nays: None Motl on carried. (c) Di r ector Black presented a recommendation from the Recreation De - partmen t to adopt a bill for an ordina nc e approving a lease betwe en the City of Englewood and the Eng l ewood Lion s Cl ub for operat i on of the miniature rai l - road train at Bel l eview Park. He explained the provis i ons of the lease and advised Council the l ease had been reviewed by the Parks and Rec reati on Com - mi ss i on . Council Member Habenicht inquired If the r e is a possibility of con - flict of interest for council members who belong to the Englewood Lions Club. City Attorney DeWitt assured her this would not be considered a conflict of i nterest as long as proper notice i ~ given . The City Clerk was asked to read Council Bill No . 65 , entitled: COUNCIL BILL NO . 65, INTROOUCED BY COUNCIL MEMBER WIGGINS A BILL FOR AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF ENGLE- WOOD ANO THE ENGLEWOOD LIONS CLUB SWl"11NG POOL, INC., FOR THE OPERATION OF A MINIATURE RAI LROAD TRAIN IN BE LLEVIEW PARK. COUNCIL HEMBER WIGGINS NOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEH ll(c) -COUNCIL BILL NO, 65. For the record, those ,embers of Council who are Lions Club members were iden- tified as Council Members Bullock, Habenicht, Gulley, and Wiggins . Vote resu lt s: Ayes : Nays: Motion carried. 12 . General Discussion Counc il Members Gull ey , Hathaway , Wiggins, Bullock , Clayt1n, Haben i cht, Va n Dyke No ne (a) Ma yor's Ch ui ce Mayor Van Dyke did not have any matters to bri ng before Counci l . However. she co mmented upon the beautiful fall Foliage she and Counci l Me mber Hathaway had s .en during the i r recent trip ea ,t. (b) Council Mem be r's Choic e (i) Council Member Ha be ni~ht bro ught f or th several items : I I I Englewood City Council Ninutes Dctober 7, 1991 -Page 7 l. COUNCIL "E"BER HABENICHT MOVED, AND IT WAS SECONDED, TO DIRECT THE CITY "ANAGER AND THE CITY ATTORNEY TO PREPARE A RESOLUTION TO "OVE FUNDS FROM THE PROCEEDS OF THE GREENHOUSE PROPERTY TO THE PUBLIC l"PROVEKENT FUND WITH THE APPROPRIATE FUNDS TO BE RESERVED FOR THE CENTENNIAL AREA. Council Member Clayton advised he would prefer seeing the actual resolution before vo ting in fa vor of the concept; therefore , he wou ld vote in opposition to a mot ion directing the preparation of a resolution . After con si derable discussion co ncerning reserving these funds for a specific area, Council Member Habenicht withdrew her original motion . COUNCIL "EMBER HABENICHT "DYED, AND IT WAS SECONDED, TO DIRECT THE CITY MAN - AGER AND THE CITY ATTORNEY TO PREPARE A RESOLUTION TO KDVE FUNDS FROM THE PRO - CEEDS OF THE GREENHOUSE PROPERTY TO THE PUBLIC INPROVEKEHT FUND. Ayes: Council Members Gulley, Hathaway, Wiggins. Bullock, Ha ben icht, Van Dyke Nays: Counci l Member Clayton Motion carried. 2 . Council Member Habenicht shared copies of a resolut i on she plans to pres- ent to the next Council meeting. The resolution indicates support of legisla- tion relating to the implementation of the Public Schoo l finance Act of 1988. 3 . Counc II Member Habenicht suggested that Counc 11 cons Ider a111endi ng the budget decisions with regard to departmental travel. She cited Council Mem be r Hat haway 's suggestion that all travel in the City be evaluated . Ms. Habenicht suggested a time frame and outlined the , ·~posed criteria for the evaluation . Council Member Hathaway clar ifi ed her suggestion as be i ng one of viewing travel as a percentage of the department 's budget equated to the number of emp loyees in the department. May or Van Dyke stated she is hear ing two Is sues: one, to reinstate trave 1 requests, which in her opinion should be addressed when the budget ordinance is proposed; and two, that staff provide information on departmental travel addressing the concerns of both Council Members Habenicht and Hathaway. She suggested they both d iscu ss their concerns with City Ma nager Fraser, permit- t ing him to provide the information when possible. Council Member Wiggins inquired of Ms. Habenicht if the same parameters should apply to Council· Ms. Habenicht responded in the a ffir mative . 4 . Ms. Habenic ht requested further review and st udy session discussion regarding the service impact wh i ch wou ld resu l t with the eli mination of th e Plans Examiner position. 5. She i nquire d about the shingles whic h ha ve been stored on Windermere. City Manager Fra ser s tated he has re cently received in form at ion and. after review . will share that data wit h Council. Englewood City Council Minut.es October 7, 1991 -Page 8 6 . Ms . Haben i cht commented upon th e City 's r ece nt v 1s1l or s fr om se veral fo r - eign countries , stating she had enjoyed vis iting and sharin g i nf or mat i on ab ou t municipal government wi th them . (i i ) COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO GO INTO EXECUTIVE SESSION AFTER ADJOURIIIENT OF THE REGULAR MEETING FOR THE PURPOSE OF DISCUSSING PE~SONNEL, Ayes : Nay s : Motion c ar r ied . Council Members Gul ley, Hathaway , Wiggins , Bullo ck, Cl ayton , Haben icht , Van Dy ke None 13 . Ci ty Manager's Report Mr. Fr aser did not have any matters to bring before Council. 14. City Attorney's Report (a) Mr . DeW it t transmitted copies of Summo ns ~o Answer rega r ding PROP- ERTIES BY COOPER , I NC., v . CITY OF ENGLEWOOD, etal , a case involv i ng sewer 1 ine construct i on; he requested authorization to defend the City in this matter. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO AUTHORIZE THE CITY AT- TORNEY TO DEFEII> THE CITY OF ENGLEWOOD REGARDING PROPERTIES BY COOPER, INC., v CITY OF ENGLEWOOO, etal. Ayes: Council Members Gulley, Hathaway, Wiggins , Bullock , Clayton , Habenicht , Van Dyke Nays: None Motion carried . (b) Mr . DeWitt informed Council tha t t he City has been na med be nefic i ary i n the e s tate of La r ry Sco t t, with t he City Manager i dent i f i ed as the per sonal representat i ve. He requ e sted authori t y to commen ce s et tl Jm ent of the estate. COUNCIL ME"BER WIGGINS "OVED, AND IT WAS SECONDED, TO AUTHORIZE THE CITY AT- TORNEY TO COMMENCE SETTLEMENT Of THE LARRY SCOTT ESTATE. Ayes : Cou ncil Me mbers Gulley , Ha t haway , Wigg i ns, Bull oc k, Cla yton, Habe nicht , Va n Dyke Na ys : None Motio n carried. (c ) Mr. DeWitt t ra nsm i t t ed cop ies of St ipu l ation and Agreeme nt between Appl i c ant (F . J. Kent Corpor ation) an d Oppose r (City of Englei.oo ). He r e- queste d author i y t o enter i nto t he sett 1 ement , co mmenting that SllCh aut ho r I ty provides legal prntection for the City and al1 01,•s David Mi l l of Hutch in son. Bl ack, Hi ll & Cook to sign th e agreement on behalf of th e Ci y. COUN CIL MEMBER GULLEY MOVED, AND iT WAS SECONDED, TO AUTHORIZE THE CITY AT TOR- NEY TO ENTER INTO SETTLEMENT IN THIS MATTER REGARDING STIPULATION AND AGREE- MENT BETWEEN F. J. KENT CORPORAT l ON ANO CITY OF ENGLEWOOD . I I I I Eng1ewoo . City Council N1nutes October 7, 1991 -Page 9 Ayes: Nays: Motion carried. 15. Adjournment Counc i l Me mbers Gulley, Hathaw ay , Wiggins, Bullock , Clayton, Haben ic ht, Van Dyke None COUNCI L HEHBER HATHAWAY HOVED TO ADJOURN . The mee ting adj ol1r ne d at 8:54 p .m. @~~ft~ City Clerk