HomeMy WebLinkAbout1991-10-21 (Regular) Meeting MinutesI
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ENGLEWOOD CITY COUNCI L
ENGLEWOO~, ARAPAHOE COUNTY, COLORADO
Regular Session
October 21, 1991
I. Call tu Order
The regular meeting of the Englewood City Council was called to order by May or
Van Dyke at 7:35 p .m.
2. l nvocati on
1he invocation was given by Council Hember Bullock.
3. Pledge of Allegiance
The Pledge of Alleghnce was led by Hayor •· , Oyke.
4. Roll Call
Present:
Absent:
A quorum was present .
.Also present:
5 . Hinutes
Council Hembers Hatha ~ay, Gul l ey, Wiggins, Bullock ,
Clayton, Habenicht , Van Dyke
None
City Manager Fraser
City Attorney DeWitt
Deputy City Hanager Hartin
City Clerk Crow
Director Wanush, Community Develop me nt
EHA Director Malinowski
Lt. Vandermee , Safety Se r vic ~s/Police
Director Fonda , Uti liti es
Manage ment An alyst Rei d
(a) COUNCIL HEH BER HATHAWAY MOVED, AND IT WAS SECOhJEO, TO APPROVE THE
HINUTES OF THE REGULAR MEETING OF OCTOBER 7, 199 1.
Ayes: Cou nci l Mem bers Gulley, Ha thaway . Wiggins . Bullock.
Clayton , Habenicht , Van Dyke
Nays: Non e
Moti on cirried.
5 . Pr e -sched ule d Visitors
Eng ewood City Council Minutes
October 21, 1991 • Page 2
(a) Tina McCormick, Clerical Technician at the Servicenter, was reco g -
nized as Englewood's Employee of the Month for Oc t ober . City Manag e r Fra se r
COITlfllented upon Tina's exemplary service to the City.
7 . Non-scheduled Visitors
(a) Steve Puryear , 2320 West Harvard Avenue, stated he is still con -
cerned wi th the derelict/hobby vehicle i~sue. He suggested separate defini -
tions fo r each and asked for time to review the letter sent out by the Cit y
regarding this matter. It was agreed he would be g i ven an opportunity to
speak again later i n the meeting .
(b) Betty Acker, 3140 South Delawa r e Street, was pleased that progress
has bee n made on propos i ng ctianges to the derelict/hobby vehicle ordinance .
She agreed with allowing the owner of a towed vehicle to retain the t i tle and
have the option of arrangi ng his/her own towing . However, she disagreed with
the defin i tion of a derel let vehicle, specifically that it must be i nsured.
Discussion ensued . City Manager Fraser noted that one vehicle can be stored
on the property, on a hard surface, covered, with all tires fully inflated and
it will be presumed to be fully licensed, insured, state inspected, and to not
be a derelict vehicle.
(c) Li nda Keefover, 2030 West Warren Avenue, questioned If a vehicle is
registered does it have to be licensed. City Manager Fraser stated there is
no difference. He reiterated that tf she were to keep it covered, etc., it
will allow her the opportunity to continue working on the vehicle without
be ing assessed the permit fee.
(d) Steve Passe, 4820 South Grant Street, contended that a vehicle can
be registered without being licensed as a collector's item under Colorado Re-
vised Statutes 42-15-102. He also noted Colorado law allows for the registra -
tion of a veh ic le wi t hout it being l i censed to drive on the streets.
City Manag er Fraser maintained the ordinance is con s iste nt with St at e l aw i n
this matter . City Attorney DeWitt explained th e Sta te law deals with a "t r ul y
hobb y veh ic le ," whi l e the City's ordinance is conce r ned with the "totally an d
compl e tely i noperabl e veh i cl e." Di sc ussion en s ue d rega r ding Mr . Passe 's con-
ce rn s ; Mr. DeW i tt r e i terated that one vehicle can be stored on t he pro pe rty,
on a ha rd surface , cov ered. with all tire s full y inflated and it will have me t
t he c riter i a .
Mr. Pa sse qu est i oned the c1e fin ilion of a ha rd s ur f ace . Co mm uni t y Deve lopmen
Di r ec t or Wan ush r espon ded that i t ha d to be dust fr ee ; it wa s de termined t hat
gr avel wo uld qu a l ify.
I n response to comments made by Co unci l Mem ber Clay t on . Cl y At t orney DeWitt
pointed ou that in ma tters of mi xed l oca l and s at e concern. t he City can be
s tric t er as lo ng as t here is no conf l ict; in ma ters of excltis i ve lo ca l con-
cern . the Ci y can be mo r e strict and the mall e,-s can conflict. Discuss i on
ensued.
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Englewood City Council Nlnutts
October 21, 1991 -Page 3
(e) Don Seymour, 4750 South Lipan Street, asked why Council Is agree ing
to waive the fee in various cases. Council Member Hathaway explained the
original intent was to have a joint hearing (several people appearing together
concerning one iss ue ) before the Board of Adjustment and Appeals with the fee
waived for that hearing only. Ms. Hathaway did not believe the intent had
ever been to permanent 1 y wa Iv e the fee. Discuss I on ensued on amend Ing the
ordinance to include the fee .
Steve Puryear [Agenda Item 7(a)] was Invited to speak again . He expressed
concern with the definition of derelict and hobby vehicles. Discussion ensued
about the various types of vehicles wh1ch may or may not require licensing,
~nd it was pointed out aga i n that if the vehicle is covered , is on a hard sur -
face, has four tires fully inflated, it will be presumed to be licensed .
Council Member Clayton expla in ed that vehicles which are licensed are not con•
sidered "hobby veh i cles ." The fee that must be paid for a hearing before the
Board of Adjustment and Appeals was clarified .
Linda Keefover [Agenda Item 7 ( c)] returned to the pod i um and asked if her
truck and camper both would have to be covered . It was noted that the camper,
which is not licensed, is on the truck ; therefore, she would have to cover the
whole vehicle.
Betty Acker [Agenda Item 7(b)] returned to the podium and requested clar1f1ca-
tion of when the permit would be applicable. Discussion ensued. Ms . Acker
stated there should be no fee for the stx-month permit . City Manager Fraser
clarified that the fee, wh1ch was discussed earlier, was the $SO fee required
for a Board of Adjustment and Appeals hearing .
Steve Puryear [Agenda Item 7(a) J returned to the pod tum and asked about the
six-month permit and inquired about the number of hobby vehicles allowed per
residence. He was advised it was one per lot. further d i scussion ensued.
COUNCIL "ENBER CLAYTOfl MOVED, AND IT WAS SECONDED, TO BRING FORWARD A6ENOA
ITEM ll(a) -COUNCIL Bill NO. 69.
Ayes: Council Members Gu l ley, Hathaway, Wiggins, Bullock ,
Clayton, Habenicht, Van Dyke
Nays: None
Mot ion carried.
II . (a) The City Clerk ~as asked to rea d Council Bill NO. 69 .
COUNCIL BILL NO. 69 , INTR ODUCED BY COUNCIL MEMBER CL AYTON
A BILL FOR AN ORDINANCE AMENDING TITLE 15 , CHAPTER 5 , SEC TI ON 3, SUBSECTIONS A
AND B, VEHI CLES; DE RE LICT AND HOBBY , OF THE ENGLEWOOD MUNICIPAL CODE 1985 .
COUHC l L MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
ll(a) -COUNCIL BILL HO. 69,
Counci l Member Clayton noted that everyone has worked dili gen tly on t h is. an d
he f eels th e City ha s moved i n the r ight direct i on .
Englewood City Council N1nutes
October 21, 1991 -Page 4
COUNCIL HEHBER HATHAWAY HOVEO, ANO IT WAS SECONDED, TO AHEND COUNCIL Bill NO.
69 BY DELETIN& SECTION 15-5-3 A 3.
Ayes : Council Members Gulley, Hathaway , Wiggins, Bullo ck ,
Clayton, Habenicht, Van Dyke
Nays: None
Hot1 on carried.
Co unc i l Member Habenicht questioned the adv is abil ity of the s ix -month permit.
Ci ty Manager Fraser stated the consensus had been the definition Is required
to limit the possib i l\ty for repetition and refilings for permits. He ex-
plained it 1s a one-time permit per vehicle.
COUNCIL HEHBER CLAYTON NOVED, AND IT WAS SECONDED, TO AMEND COUNCIL BILL NO.
69 BY INSERTING THE VORO "COVERED" IN SECTION 7,
After comments offered by City Attorney DeWH t abo4t the amendment, Council
Members Clayton and Hathaway agreed to withdraw the motion.
Vote results on the first reading of Council Bill No . 69 as amended:
Ayes: Council Members Gulley, Hathaway, Wiggins, Bullock,
Nays:
Motion carried.
this matter.
Clayton, Habenicht, Van Dyke
None
Mayor Van Dyke thanked all those who had attended regarding
Council then returned to its regular agenda• 7 . Non-scheduled Visitors.
(f) John Tate, 955 West Oxford Street, addressed Council concerning his
previous request concerning a gate he wishes to build. He informed Council
that, a.s Council advised him to do, he went before the Board of Adjustment and
Appeals, which after consideration denied his request. He reiterated his pre-
viou s request for Council to allow him to build the gate . He shared copies of
a drawing of the proposed gate. Discussion ensued concerning the process Mr.
Tate should follow to resolve this matter since the findings and decision of
the Board of Adjust ment and Appeals is final, subject only to judicial review
(Di strict Court). However, it was pointed out that i f Hr. Tate does have ad -
d i tional evidence he could reapply to the Board of Adjustment and Appeal s.
r. Tate explained in detail his reaso n for the gate and the necessity for its
eight/design. It was suggested that Hr. Tate petit io n the Board for a re-
earing, based on a number of options open to him. Fee and posting reQuire-
en ts were discussed.
(g) Betty Acker, 3149 South Delaware Street, re urned to th e po diu m.
S e questioned Council ab out the sp eed limit, suggesting it be lowered throu gh
the downtow n business di str ict. Mayor Van Dy ke adv ised Ms. Acker about pro-
posed coordination of traffic signals al ong the Broad way corridor. Ms. Acker
strong ly suggested a stop light a t the corner of Li ncoln and Gira r d to aid
ped e stri ans in that area. Mayor Va n Dy ke offer ed to share with Ms. Ac ker in·
forma ion aboL1t this intersect ion . al ong with informa i on about the in er se c -
t i on at Sherman and Girard. Mr. Fra ser also advi sed that plans are under way
or ad d i ional signage in the are a of the Hall ey Center and St. touis Sc ool
•hie, ay alleviate he pedes r 'an raffic problems.
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Englewood City Council Minutes
October 21, 1991 -Page 5
8. Communications and Proclamations
(a) COUNCIL HEHBER GULLEY HOVED, AND IT WAS SECONDED, TO DECLARE NOVEM -
BER 2, 1991 AS "BUDDY POPPY DAY.•
Ayes : Council Members Gulley , Ha t haway , Wiggins , Bullock,
Cl ayton, Habe ni cht , Van Dyke
Nay s: None
Motion carried .
9 . Pub lic Ht!art r 3
No public hearing was schedu led before Counc il .
10. Approval on Second Reading
COUNCIL HEHBER HATHAWAY HOVED, AND IT WAS SECONDED, TO APPROVE ON SECOND READ -
ING AGENDA ITEMS 10 (a) THROUGH (c) AS FOLLOWS:
(a) ORDINANCE NO . 58 , SERIES OF 1991 (COUNCIL BI LL NO. 60 INTRODU CED BY
COUNCIL MEMBER HATHAWAY) ENTITLED:
AN ORDINAN CE AMEND ING TITLE 12, CHAPTER 2, WASTEWATER UTI LITY.
(b) ORDINANCE NO. 59 , SERIES OF 1991 (COUNCIL BILL NO. 64 INTRODUCED BY
COUNCIL MEMBER GULLEY) EN TITLED :
AN ORDINANCE AMENDING TITLE 5, CHAPTER 38 OF THE ENG LE WOOD MUNICIPAL CODE BY
ADDING A NE W SUBSECTION SE .
(c) ORDINANCE NO . 60 , SERIES OF 1991 (COUNCIL BILL NO. 54 INTRODUCED BY
COUNCll MEMBER WIGGINS) ENTITLED:
AN ORDINA NCE APPROVING A LEASE AGREEMEN T BETW[EN THE CI TY OF ENGLEWOOD ANO THE
ENGLEWO OD LIONS CLUB SWIMM IN G POOL , IN C., FOR THE OP ERATION OF A MINIATURE
RA I LROAD TRA IN IN BE LLEVI EW PARK.
Ayes:
Nays :
Motion carried .
Counc il Members Gulley , Hat hawa y, Wiggins, Bull ock,
Clayton, Habeni ch t , Van Dyke
None
I I . Ordi nances, Resolutions and Not ions
(a ) Thi s item was acted upon earl i er in the meeting • See Pages 3 and
4.
( ) Dire c t or Wanush presented a rec ommen da t io f,·o he Oep a.-t men o
Communit) Develop me nt to adop t a bi ll f or an ordi nanc e a pro ving Lhe s al e of
six pr ope rlies f or Pro j ect BUI LD . He explaine th e or dina ce i s nee ss ar p r
H · e Rul,! Cha rter requ ire ent s. The propertie s wei-e ide ntified as :
[ng11wood City Counc11 Minutes
October 21, 1991 -Page 6
4754 South Huron Street
590 East Quincy Avenue (aka 4301 South Pearl Street)
4406 South Lincoln Street
477S South Galapago St reet
4366 South Delaware Street
3085 South Pea r l Street
Lengthy di s cussion ensued concerning the se ll i ng price and the negotiation s
process for the various homes , and the demolition costs for 590 East Quin cy
Avenue . C ily Attorney DeWitt posed some concerns about the de 1 egatl on of
author ity .
The City Clerk was asked to read Counc i l Bill No . 67, entitled:
COUNC IL BILL NO . 67, INTRODUCED BV COUNCIL HEHBER HATHAWAY
A BILL FOR AN ORDINANCE APPROVING THE SALE OF SIX PROPERTIES WHICH WERE DEVE L·
OPED FOR TH E "BUILD" PROJECT TO BE SOLO ON THE OPEN MARKET.
COUNCIL HEHBfR HATHAWAY HOVED, AND IT WAS SECONDED, TO APPROVE AGENDA JTEH
ll(b) • COUNCIL BILL NO. 67.
COUNCIL MEHBER HATHAWAY MOVED, AND IT WAS SECONDED, TD AMEND COUNCIL BILL NO.
67 BY ADDING AT THE END OF SECTION I, "MINIMUM SALE PRICE TO BE MARKET VALUE
AS SHOWN BY APPRAISAL; MAXIMUM PRICE SHALL BE $90,000."
There was considerable discussion concerning the appra isal , maximum price ,
market value, etc.
COUNCIL MEMBER BULLOCK "°VED, AND IT WAS SECONDED, TO TABLE AGENDA ITEM ll(b).
Ayes: Council Members Gulley, Wigg i ns , Bullock
Nays: Council Members Hathaway, Clayton, Habenicht, Van Dyk e
Motion failed.
Further discussion ensued. Council Members Hathaway and Gulley ag r eed to a
revised motion.
COUNCIL HEHBER HATHAWAY HOVED, ANO IT WAS SECONDED, TO AHEND COUNCIL BILL NO.
67 BY ADDING AT THE END OF SECTION I, "SALE PRICE TO BE FAIR MARKET PRICE
BASED ON APPRAISAL PLUS OR MINUS SEVEN PERCENT (7 %)."
Be f ore vot i ng , t t wa s con fi rmed th at t he appr aisa l s sh a l l r e ai n con f iden ial .
Vot e resul s on mo tion amendin g Co unci l Bi ll No. 6 7 :
Ayes : Council Me mbers Gulley , Ha ha way. Wi<J ins. flulloc ~.
Cl ayt on . Habe ni cht , Van D e
Nays : No ne
l1 ! io n ca rr i ed .
o e resul son f irs r eadi ng of Counci l Bill lo. 6 s a"' n cr1:
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Englewood City Counci l Minutes
October 21, 1991 -Page 7
Ayes :
Nays:
Motion c arried.
Council Members Gulley, Hathaway, Wiggins , Bullock,
Clayton, Habenicht, Van Dyke
None
(c) Lt. Tom Vandermee presented a recommendation from the Sa f ety Ser -
vices Department to adopt a bi ll for an ord i nance approving an agre ement wi th
the Col or ado Department of Transportation, Office of Transportat ion Safe ty.
for Law Enfo rc ement As s i stance Funds (lfAF). Lt. Vandemee e ~plained the pu r -
pos e of the gr ant is to provide ove r time funds for the identifi c ation and ap -
prehen si on of DUI drive r s . Thi s i s the second year of a three-yea r prog r am.
The LEA F grant is for $55,16 2 . wilh LEAF cont r ib uting 525 ,000 ; t he City 's
f in ancial inv olv emen t is 530 ,162 of budget ed fund s .
The City Clerk was asked to read Council Bill No. 70 , en t itled :
COUNCIL BILL. NO . 70 , INTRODUCED BY COUNCILMEMBER WIGGINS
A BILL FOR AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE ENGLEWOOD DEPART -
MEN T OF SAFETY SERVICES, AND THE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAY
SAFETY, STATE OF COLORADO FOR LAW ENFORCEMENT ASSISTANCE FUNDS.
COUNCIL MEMBER WIGGINS MOVED, AMO IT WAS SECONDED, TO APPROVE A&ENOA ITE"
ll(c) • COUNCIL IILL NO, 70.
Ayes : Council Members Gulley, Hathi y, Wi ggin~, Bullock,
Clayton, Habenicht, Van Dyke
Nays : None
Motion carried.
(d ) Director Fonda presented a reco11111endation from the Water and Sewer
Board lo adopt a bill for an ordinance modifying the Basin Interceptor Agree -
ment. thereby permitting Southgate and its engineer to design and manage Proj -
ect #7 in order for the City to take advantage of State Highway funding ,
The Ci ty Clerk was asked to read Council Bill No. 71, entitled:
COUNCI L BILL NO. 71, INTRODUCED BY COUNCIL MEMBER HABENIC HT
A BI LL FOR AN ORDINANCE AMENDING THE BASIN INTERCEPTOR AGREEMEN T PARAG RAPH
3. 1 . PROJECT MANAGERS , , BETWEEN TH E C !TY OF ENGLEWOOD , SOUTH GA TE SAN 1T AT I ON
DI STRICT, SOU TH ARAPAHOE SANI TATI ON DIS TRICT AND TH E SOU TH ENGL EWOOD SANlTA -
TI ON DIS TRI CT NO. 1.
COUNCIL HEHBER HABENICHT HOVED , ANO IT WAS SECONDED, TO APPROVE AGENDA IT[
ll(d) -COUNCIL BILL NO. 71.
Ms. Habenicht co en t ed th a t the matter has been ho.-o ut]hly review d b_y h
Wa ter and Sewer Board and co 1es o Counci l wi h he Boar d s recomm nd 1011 f o,
appro al.
Vote results:
Englewood C1ty Council Minutes
October 21, 1991 -Page 8
Ayes :
Nays:
Hot ion carried.
12. General Olscuss1on
Council Members Gulley, Hathaway, Wiggins, Bull ock,
Clayton, Haben icht, Van Dyke
None
(a) Mayor's Choice
Mayor Van Dyke did not have any matters to bring before Coun ci l.
(b) Council Membe r's Cho i ce
(i) Council Member Clayton:
I. A resolution reducing resident golf cart fees at t he Englewood Gol
Co urse was proposed by Council Member Clayton. The resolution was assigned a
number and read by title :
RESOLUTION NO. 74, SERIES OF 1991
A RESOLUTION REDUCING RESIDENT GOLF CART FEES AT THE ENGLEWOOD GO LF COURSE.
COUNCIL MEMBER CLAYTON HOYEO, ANO IT WAS SECONDED, TO APPROVE AGENDA ITEH
J2(b)(1) -RESOLUTION NO. 74, SERIES OF 1991.
Hr . Clayton stated that the C1ty's cost in providing a golf cart for eighteen
holes of golf is about S4.5O. With only about IS~ of those using the course
being residents, he feel s there would be an insignificant impact on revenues
if a reduction in fees was afforded Englewood residents , and it might en -
courage more residents to play .
City Manager Fraser told Council he and Hr. Clayton have had limited oppo r-
tunity to discuss the issue and he feels the re a re some on-going concerns to
consider. Because the City's General Fund paid fo r the land on wh ich the golf
course Is built, some return on the investment should be expected . Hr . Fraser
said he has always adv ocated that the rate structure at the golf course be
c ompetit ive and the funds generated shou l d be approprl ate for a fat i 1 ity of
i ts nature and size.
Counci l Member Gulley asked if lowering the r esident fees wo u l d have any ef -
fec t on the replaceme nt schedule fo r cart s, not i ng hat Counci l had been ad•
v ised at the budget retreat by Rec reat ion Di rector Black that new carts are
needed . Mr. Fraser reiterated tha t he has not had an opportu n ity to loo k at
a ll the imp lication s. Although the fund balanc e i s sig nifi c an t. an d woul d
allow for the replacement of carts in t he near f u ur e. he long term f fects
are un known.
Cou ncil Me ber Clayton s a1 d e S4.S0 figur e r pr esen d t e cos o f he
ca,·t ov er it s useful l ife and included deprecia t ion . mai enance expen ses .
par s. e c . He f eh ad equa e r nu ha s b en prov irl rl o rrain tain he cart s
ad that e fund bal an ce or P go lf cn,..-s is abou a mil li on dollar s .
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Englewood City Council H1nutes
October 21, 1991 • Page 9
Brief d i scussion ensued con c erning the golf cou r se f und ba l an c e; Mr. Frase r
stated that the balance i s between S300,000 -S400,000 .
COUNCIL HEHBER GULLEY HOVEO, All> IT WAS SECONDED, TO TABLE AGEN[)A ITEM
12(8)(1)(1) FOR THE PURPOSE OF OBTAINING NORE INFOR"-'TION.
Ayes: Coun c il Members Gulley, Hathaway, Wi gg i ns , _Bull oc k ,
Habenich t
Nays: Council Membe rs Cl ayton. Van Dyk e
Mot i on carr i ed.
2 . COUNCJL HEHBER CLAYTON HOVED, AND IT WAS SECONDED, TO COHHENCE PRINTING
THE CITIZEN ON NEWSPRINT EFFECTIVE WITH THE NEXT ISSUE.
Council Me mber Clayton stated this wou l d res ult in s aving s of ap proxi mat e l y
Sl ,000 per i ssu e .
City Manage r Fr as er comm en t ed that a gr ea t deal of e ffort has been sp e nt
creating a newsletter that 1s easy to read with easy to f ind art i cles . A l ot
of t ime is r~q ui red to develop a layout format , mak i ng it v i rtually i mpossible
to change to newsprint before the next scheduled edition . Mr . Fraser stated
that inquiries have been made of The Englewood Herald regarding the pos si bil i-
ty of distributing The Citizen ind their publication together as a way of
trying to reduce cost and enhancing circulation, possibl y after the fi r st of
the year. At this po i nt, however , he is not sure he wou l d recommend th e
changes .
Council Members Clay t on and Hathaway agreed to revise the motion to read:
COUNCIL ME"8ER CLAYTOtl PIOVED, ANO IT WAS SECOfllED, TO COHHEHCE PRINTING THE
CITIZEN ON NEWSPRINT EFFECTIVE JANUARY, 1992.
Cou nc i l Mem be r Haben 'cht asked if this i s for print i ng ~r if l ay out cos t s ar e
incl uded . Management Analyst Reid stated that an add i tional S350 beyond
pr i nt i ng i s anticipated for layout costs per edit i on . He sa i d t h at some of
the co sts mi g ht be contr olled wi th the purchase of equ i pment t hat wou l d allow
t he Ci t y to do the layout in -house.
Coun ci l Memb e r Habeni c ht co mm ented t hat s he ha s no t iced positive comment s
a bou t t he las t severa l i ssues of The Citizen an d f e e l s i t i s a very effect i ve
piece of comm un i c a tion. :,111, s ta t ed t hat worki ng with The En lewood Herald i s
somet hi ng wort h looking into for the future. In he r opin ion , t i s shou d be
an adm i nis r at ive deci s ion a nd s he i s unwi ll ing t o support an im e diat e
change .
ayor Van Dyke al so s ai d s he would o pp ose a cha nge bec a use she f eel s he l ay -
out curren tly used is very high qua l ity a nd con t ributes to the readab il i y of
Te Ci iz e n.
Counci l Me mber Cl ay ton comp l i me nt ed t he Ci y st a ff on t he excel lent l ayou t of
The Ci i zen. He made the po i n , hosie ve r, t hat when The Ci ize n w;;s previousl y
pi-inted on ne 1,1sprint , the ty pe wa s oo sm a ll; with arg e r ype, he feels th ~
Englewood City Council Minutes
October 21, 1991 -Page 10
new layou t coul d be used on new sp r int. resu lt i ng in co nsiderable savings to
th e CI t y.
Vot e results :
Ayes :
Nay s :
Mot i on f ai led.
Co unc i l Member Clayton
Council Mem bers Gu lley , Hathaway, Wiggins, Bullo ck ,
Haben ic ht, Van Dyke
(i i) Council Member Habenic ht:
l. A r e s olution regarding the Publ i c Schoo l Finance Ac t of 1988 was proposed
by Cou nc il Member Habenicht . The r esolution was assign ed a nu ~be r and rea d by
titl e :
RESOLUTION NO . 75 , SERIES OF 1991
A RESOLUTION SUPPORTING PROPOSED LEGIS LATION NOW PENDING BEFORE COLORADO STATE
LEGIS LATORS WHICH RELATE S TO THE IMPLEMENTATION OF THE l'UBLIC SCHOOL FINANCE
AC T OF 1988.
COUNCIL MEMBER HABENICHT MOVED, ANO IT WAS SECotllED, TO APPROVE RESOLUTION NO.
75, SERIES OF 1991,
Ayes:
Nays:
Mot Ion carried.
Council Members Gulley, Hathaway, Wigg i ns , Bullock,
Clayton, Habenicht , Van Dyke
None
2 . Council Member Habenicht commended Officer Ttm Mitchell , Safety Serv i ces/
Pol i ce in connection with the DARE program and the students qho participated
on t he Peter Boy l e r adio program .
(iii) Counci l Me mb er Bullock i nquired abou t the resolution regard -
i ng the Federal redistricting process . He was adv is ed the resolution would be
ready f or consideration at t he November 4 , 1991 meet i ng.
(iv) Counc il Member Wiggins:
I . Mr. Wigg; ns expressed adama nt concerns about t he contin ued storage of
shing l es at. Winder me re and Layton , and he requested t he City Manager to apply
press ur e to reso l ve thi s matter.
2. He offered "ku do s" t o t he Pub lic \~orks Dep ar t ment fo r th e i mprove men t s
made to the Eng l ewood Tra i n Depot.
3 . He req •1es ed a status repo rt on th e p\lo r ecycling pro gr am.
4. He i nq uired about ~e s ta t us of l an dsc a ping of th e vacan lot a t Br oadw ay
and Girard . mo ney for w \ch is in lhe Publ ic Works /Par s budge .
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Englewood City Council Minutes
October 21, 1991 -Page 11
(v) Council Member Hathaway commented that Co uncil shoulrj consider
making an appointment t o fill the vacancy which e~ists on the Board of Adjust -
men t an d Appeals. Discussion ensued concerning the vaca ncy on t he Englewo od
Downtown Development Authority and the meeting which has been reschedu i ed for
the November 4th study session to d iscuss the EOOA's sign proposal. Counc 'l
Me mber Hathaway r equested that all members of the Authority be invited t o
attend .
(vi) Council Member Gulley requested that effort be made once
again to se t up a meeting of the School /City Committee as there are several
issues which need to be discussed.
13. City Hanager's Report
(a) Hr . Fraser gave a brief report on the re~ent fire incident at Kim-
berly Woods . Recognition of citizens and various City employees who were he-
roically involved in the even t is planned for November 4 , 1991 .
14. City Attorney's Report
(a) Hr. DeWitt requested authority to settle the Hills case, i nvolving
property at 4885 South Elati Street, with the understanding the City's ease-
ment will be preserved.
COUNCIL HENBER BULLOCK HOV ED, AND IT WAS SECONDED, TO AUTHORIZE THE C ITV AT -
TORNEY TO ENTER INTO A STIPULATION, REHOVING OURSELVES FRON ACTIVE PARTICIPA-
TION BUT WHICH INDICATES THE CITY WILL PRESERVE ITS EASENENTS IN THE CASE:
CAROL ANN NILLS VS HARV JANE MIRELEZ, ETAL (4885 SOUTH ELATI STREET).
Ayes : Council Members Gulley, Hathawa y, Wiggin s, Bull ock ,
Clayton , Habenicht, Van Dyk e
Nays: None
Motion carried .
(b) Mr . DeWitt announced the City will be pursuing enforcement of Sec-
tion 12-4-1 of the Englewood Munic i pal Code 1985 with regard to f ib er optic
cable installation performed by U. S . West . He will keep Council advised of
the progress in thi s matter.
(c) He infor ed Counc il he will be speaking be fore the Na t i onal
Munic ip al Association of Legal Office rs in San Diego (Oc ober 26, 1991) on th e
s ubjec of CER CLA an d AC CE legi s l ation.
(d) He ad vised Cot mci l that Denver Regiona l Coun cil of Go ernme n s is
no w su pp or ting he ACCE legisl ation . Furt her discussi on ensued rel ati ve o
t he leg islat ion and i ; suppo rters .
(e) r·r . De Witt s ta ed he will be on vaca ion for a1· o
October 29. 199 1 .
he 1,eek of
Englewood City Council Minutes
October 21, 1991 • Page 12
15 . Adjournment
COUNCIL HEHBER BULLOCK HOVED TO ADJOURN. The me eting adjourned at 9:55 p .m.
I