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HomeMy WebLinkAbout1991-11-04 (Regular) Meeting MinutesI I ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session Novainber 4, 1991 1. Call to Order The regular meeting of t he 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 Wiggins . 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Van Dyke . 4. Ro 1 Call Present: Absent: A quorum was present . Also present : 5. Minutes Council Members Hathaway, Gul l ey, Wiggins, Clayton, Habenicht, Van Dyke Counc i l Member Bullock City Manager Fraser Assistant Ci ty Attorney Grim m Deputy City Manager Mart i n City Cl erk Crow Di rector Hayes , Financial Serv i ces Di rector Esterly, Public Works (a ) COUNCIL MEMBER WIGGINS MOVED, AND IT W~S SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF OCTOBER 21, 1991. Aye s : Council Me mbe rs Gull ey , Hath away. Wi ggin s , Cla y ton , Na ys : Absent : ~otio n carried . Habe ni ch t, Va n Dyke None Cou nc i l Me mber Bull ock 6. Pr e-scheduled Vl 5itors here wer e no pr e -schedu l ed vi si to rs. Englewood City Council Minutes November 4, 1991 • Page 2 7 . Non-scheduled Visitors (a) Heather VandeBrake, 4770 South Pearl St reet, requested funds from City Cou ncil t o as sist her i n participating In the national qua lifyi ng cro s s country meet in Kenosha, Wisconsin, as a representative of Eng l ewood , Colorado. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO DONATE $100 TO HEATHER VANDEBRAKE FROM COUNCIL'S 1990 AID TO OTHER AGENCIES BUDGET. Ayes: Council Members Gulley, Hathaway, Wiggins, Clayton, Habenicht, Van Oyke Nays: None Absent : Council Member Bul loc k Motion carried. Ms . Hathaway suggested the City also provide Ms. Vand e Brake and her parents with Englewood T-shirts to wear at the event. 8 . COflll1unlcat1ons and Proclamations There were no co1T111unications/proclamations to be considered. 9 . Public Hearing to hear an appeal of the denial of a C011"1erc1al Allusement license. COUNCIL NENBER HATHAWAY NOVED, AND JT WAS SECONDED, TO OPEN THE PUBLIC HEARIN&, Ayes : Council He111bers Gulley, Hathaway, Wiggins , Clayton, Habenicht, Van Dyke Nays : None Abse nt . Council Member Bu l lock Motion carri ed. Mayor Van Dyke i nformed these present that all testimony would be given under oath. Director Hayes, duly sworn, entered into the reco rd Proof of Publication of the Notice of Public Hearing, which was published in the Englewood Heral d on October 17 , 1991. She advised Council she had denied issuance of the Co mmer- cial Amusement Device Licen se at 3924 South Pearl Street , ba sed on the fa ct that the proposed l oc at ion is within five hundred f eet (500 ') of the bound ary of Englewood Hi gh School; f urther th at the den i al i s i n compl lan ce with t he Englewood Municipal Code 1985, Section 5-2B -5--6 . Ms . Ha yes pre se n ed ce r- ificat i on fro m Code En f orcement Office r Parsons that the propose d amus ement facility at 3924 South Pearl Street i s 280 feet fro m t he bou ndary o f the En- glewood Hi gh Sch ool property. Hs . Ha ye s confirmed t hat, t o t he bes of li er now ledg e , th e re were no licen s ed amusemen t ce nters with i n five hun red r~e o an y publ i c or paro c hial schoo l gro unds. Assi s tant Ci y Attorney Gririm prn - vided info r mati on pert aining to the r es tr ic t io ns rel a ive t o i ss ua nce of co m- rc ial amusemen de vice li ce nses. · r na Cherne and Hon te Perkin s , duly sworn, presente d in forma io n conce r ning hei r a ppea l of he decisi on of the Di r ctor of Fina nci al Se r vi ce s to deny he iss uan ce of a Co erci a l Amuse ment Oe vice Lice nse at T e Cottage Mare . 392 4 I I I I Englewcod C1ty Cou~~tl "inutes Novaber 4, 1991 -Page 3 South Pearl Street. Ms . Cherne commented that the video games would b beneficial to the youngsters, helping to dev el op eye/hand coordi nati on. Sh stated she and her sister, Ms . Perkins , monitor t he students' school att e n - dance, encou r aging them to leave in time to get to school . The store is only open before and after school, dur i ng lunch, and closes at 4:00 p.m. Ms . Ch erne s tate1 she and Ms . Perkins do not und e rstand the restr i ction of no t having commerc i a l amusement devices with in 500 ' of school property. She stated students should be given the opportunity t o become adult s, that it is time to let them grow up and become peop l e in the community. Ms . Perkins con - curred wi th Ms. Cherne 's co!T'lllen ts , stating she and her sister do whatever th ey can to "hel p the kids." She confirmed that during the brief t ime the video games were i1 the store, there did not seem to be a significant increase in their busine ss nor in the number of persons gathering in or ar ound the store. Ms. Perkin s advised that there Is a video game In the laundromat across the street from Sinclair Middle School . They requested that Council r econs ider the decision of the Director of Financial Services. The followin~1 individuals, duly sworn, stated their oppos i tion to the issuance of the licen r.e: Lee Fowler, ,1926 South Pennsylvania, stated h1: objected as this is a residen - tial area. lunusement devices would increase the noise and the number of "peo- ple hanging ,,round .• Mike Struewing, 3920 South Pennsylvania, stated it would create loitering proble~s and may encourage students to "hang out• after they have been dismis - sed from schc,o 1 . Oennls Baker, Principal of Englewood High School, shned his concerns about having video machines at the Cottage Market, which could cause an Increase In tardiness, and increase the number of students gathering in the area as well as other people who do not attend the high school but who would l ike to "mix" with the students for whatever reason. He strongl y encouraged Council not to place additional temptations in the stugents ' way . Mike Threlkel, 3921 South Pearl Street, stated he does not think It is a good i dea to h ave the video games at the Cottage Market . He commented t hat the zoning laws 11re in place for a reason , that exceptions should not be made. Li nd~ Oensme r , 12 90 East Dartmouth, commented that video games wou ld be an att r ctive n11isance located so close to the scho ol and could resu lt in t ruan cy and tardi ne s!:. She stated the City has always been supportive of the s choo1 's programs an d she urged Council to c ontinue that support by de nyi ng t he a p pe al o f the Cotta9e Market. There were n o other persons presen t who wi s he d t o s peak i n sup po r t o f or in opposition to the is sua nce of th e license. COUNCIL MEMBER WIGGINS 110VED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. )'es: Co unc il Memb e rs Gu y . Ha t hawa , ',✓i g gin s . Clayton, Hab e ni ch , Van Dy ke Englewood City Council Minutes Nov111ber 4, 1991 -Page 4 Nays : None Absen t: Council Member Bul l ock Motion carried . COUNCIL MEMBER HATHAWAY MOVED , AND IT WAS SECONDED, TO DENY THE APPEAL OF THE I COTTAGE MARKET, THEREBY SUPPORTING THE DECISION OF THE DIRECTOR OF FINANCIAL SERVICES TO DENY THE ISSUANCE OF A COl!ltERCIAL AMUSEMENT DEVICE LICENSE AT 3924 SOUTH PEARL STREET. After statements by various mem bers of City Council conce r ning their with regard to the issuance of this l ic ense , the vote resu lts were: Ayes: Counc i l Members Gu lley, Hathaway, Wiggins, Nays: Absent : Motion carried, and Haben ich t, Van Dyke None Council Member Bullock the appeal denied . 10. Approval on Second Reading positi on Clayton, Council Member Habenicht requested that Agenda Item 10 (a) be remov ed for ad - ditional discussion . COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE ON SECOII> READ- ING AGENDA ITEflS JO (b) THROUGH (c) AS FOLLOWS: (b) ORDINANCE NO. 61 , SERIES OF 1991 (COUNCIL BILL NO. 70 INTRODUCED BY COUNCIL MEMBER WIGGINS) ENTITLED: AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE ENGLEWOOD DEPARTMENT OF SAFETY SERVICES, AND THE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAY SAFETY, STATE OF COLORADO FOR LAW ENFORCEMENT ASSISTANCE FUND, (c) ORDINANCE NO . 62, SERIES OF 1991 (COUNCIL BILL NO. 71 INTRODUCED BY COUNCIL MEMBER HABENICHT) ENTITLED: AN ORDINANCE AMENDING THE BASIN INT ERCEPTOR AGREEMENT PARAGRAP H 3 .1 , PROJE CT MA NAGERS ., BETWEEN THE CITY OF ENGLEWOOD , SOUTHGATE SANITATION DIST RI CT-;-sou'fH ARAPA HOE SANITATION DISTRICT ANO THE SOU TH ENGLEWOOD SANITATIO N DIS TRIC T NO. l. Ayes: Nays: Ab sent : ~lion c ar ried. Council Members Gulley, Hath awa y, Wiggi ns. Clay ton, Habenicht , Van Dyke None Coun cil Member Bul loc k * • * • * (a) COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SEC ONDE D, TO APPROVE ON SECOND READING AGENDA ITEM 10 (a) -COUNCIL BILL NO. 69 , EN TITL ED: I I I Englewood City Counc11 Minutes NovHber 4, 1991 -Paga 5 AN ORDINANCE AMENDING TITLE 15, CHAPTER 5, SECTION 3, SUBSECTIONS A AND B, VEH ICLES: DERELIC T AND HOBBV, OF THE ENG LEWOOD MUNICIPAL CODE 1985, Council Member Habenicht expressed her displeasure with th e ord i nan ce i n i t s present form, citing certain complications which ou ld arise . She st at ed she still supports the intent of the ordinance, which is to r i d the c ity of derelict vehic l es ; however she will vote against i t unle s s i t is amend ed . Mayor Van Dyke asked Mr . Fr ase r i f the ordinance , as written , wa s fle xibl e enough to address Ms . Habenicht ' s concerns . City Manager Fra ~e r res pond ed that the problems as presented by Ms. Habenicht were not i nsurmo untab le. He encouraged communications between the citizens and staff as i nd i vid ual c ircum - stances may requ i re a compromise. Council Member Wiggins ment i oned that tempo r ary perm i ts (up to si x months) are available through Arapahoe County at a cost of $2.50. Council Member Gulley questioned the just i fication for requiring vehicles to be covered, contending some citizens object more to the appearance of the cover than to the car itself. She feels citi7 ns should be allowed to de c ide whether or not they cover their vehicle. City Manager Fraser pointed out that the enforcement of the ordinance 1s in a state of transition, as with any new standard; once a routine is established it will be operating essentially as a resu l t of complaints . Cou ncil Member Habenicht contended that law abiding citizens, trying to comply with the ordinance, are being unfairly chastised by this ordinance. Council Member Clayton noted the requirement for cover i ng the vehicles was a component of the original ordin1nce . He al so pointed out that the or i ginal ordinance obviously was not enforceable. The question was called for and the vote results were: Ayes: Council Members Hathaway, Wiggins, Cl ayton, Van Dyke Nays : Council He111bers Gulley, Habenicht Absent: Council Member Bul l ock. ot i on car r i ed . Counc i l Bi ll No . 69 i s he r eb y assigned as Or di na nce No . 63 . Ser ies of 1991 . 11. Ord i nances, Resolutions and Notions (a) Di rector Esterly pr e sen t ed a re comme ndat io n f r om he De pa rtment of Publ ic Wor ks to authorize the City Hana ger to en te r i nto a cont ract wi t h Tr au tm an an d Shreve Serv i ce s , Inc .. fo r repl aci ng and impro vi ng t he healing, entil at in g and air co nd i ti on system I n Ci t y Ha ll . Mr . Este rl y e xpl a ine d hat r autman and Shr eve i s the s ec ond 1 ow bidder an d had su bm It t ed l he r eq11i r ed bid bond whi ch t he low bi dde r , Ai r Sys tems . In c ., had r e fu sed o do. Mr . [s - e rl y r ecommended t he bi d be awa rd ed o Traut man and Shr eve Ser vices . Inc .. i n he amount of 5 1 16 ,57 0 . Th e source of fu nd i ng 1-1 as expla i ned i n de t a i l. •1·. Es t er l y conf i r med t he r e is adequ at e s r ess be ar ing capa c it y f or he plac en of th e overhe ad uni t s . Englewood City Council Minutes Novl!lllber 4, 1991 -Page 6 COUNCIL HEN8ER HATHAWAY MOVED, AND IT WAS SECONDED, TO AWARD THE CONTRACT FOR HEATl~G, VENTILATING AND AIR CONDITIONING SYSTE" REPLACEMENT AT CITY HALL TO TRAUTMAN AND SHREVE SERVICE, INC., IN THE AMOUNT OF $116,570. Ayes: Counc i 1 Members Gulley, Hathaway, Wig gi ns, Cl ayton, Habenicht, Van Dyke Nays: None Absent: Council Member Bullock Motio n carried. (b) Director Hayes presented a recommendation from t he City Manager to adopt a bill for an ordinance establishing the mill l evy for 1992 property taxes . The mill l evy proposed i s 5.880 -General Fund; 2.405 -Debt Service for the Englew ood Community Center ; 4.397 -Englewood Downtown Development Authority. Ms. Hayes explained the proposed mill levy for the General Fund equates to SJ,332,293 in projected revenues. Th e Ci ty Clerk was asked to read Council Bill No. 74, entit l ed: COUNCIL BI LL NO . 74, INTRODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN HILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, AND ESTABLISHING A HILL LEVY FOR THE ENGLEWOOD, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY. COUNCIL NEN8ER HABENICHT NOVEO, All! JT WAS SECONDED, TO APPROVE AGENDA !TEN ll(b) -COUNCIL BILL NO. 74. Ayes: Council Hembers Gulley, Hathaway , Wi ggins, Clayton, Habenicht, Van Dyke Nays: None Absent: Council Member Bullock Motion carried. (c) Director Hayes presented a recommendation from the City Manager to adopt the 1992 Budget and the annual appropriat i ons bill for fiscal year 1992. Ms. Hayes explained the proposed ordinances provide information co ncerning each of the City 's funds including projected revenues and expend itures . The ordinance adopting the budget reflects the budget proposed by the City Man - age r, which was reviewed by Co uncil at its budget r et r eat in Sept embe r , and mod if i ed at Counci l 's direct ion. Discu ssion en.ue d concerning lhe presentation order of the three proposed or - dinances -ill levy , budget adoption, an d budge app ropriati on . City Man ager Fr as er expla i ned that tra d it ion i s involved and that i t i s customary to adop he mil 1 levy fir s t , t he reb y assuri ng tha t funds are availabl e for t he budget and i ts app rop r iat io ns . The City Cl erk was asked to rea d Cou nc il Bi 11 No . 72, en i l ed: COUNCIL 8 ! LL NO . 72 , I NTRODUC£D BY COUN CI L MEM BER H THAWAY I I I I Englewood C1ty Council "inutes Novnber 4, 1991 -Page 7 A BILL FOR AN 'l RDINAN CE ADOPTING THE BUDGET OF THE CIT Y OF El4G LEWOOD, COLORA - DO, FOR THE FISCAL YEAR 1992 . COUNCIL "E11BER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM ll(c)(1) • COUNCIL Bill NO. 72. Ayes: Council Members Gulley, Ha thawa y, Wiggi ns, Clay ton, Habenicht, Van Dyke Nays: None Absent: Council Member Bullock Motion carried. The City Clerk was asked to r ead Council Bill No. 73, entit led : COUNCIL BILL NO . 73 , INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO , IN THE FISCAL VEAR BEGINNING JANUARY I, 1992, AND ENDING DECEMBER 31, 1992, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1992. COUNCIL MENIER HATHAWAY MOVED, AND IT WAS SECONOED, TO APPROVE AGENDA ITEM ll(c)(11) -COIJICJL BILL NO. 73. Ayes: Council Members Gulley, Hathaway , Wiggins, Cl ayton, Habenicht, Van Dyke N1,ys: None Absent: Council Member Bullock Motion carried. 12. General Discussion (a) Mayor's Choice (i) Mayor Van Dyke proposed a resolution regarding a n integrated env i ron me n ta 1 p 1 an for the City . The re so 1 ut i on was ass i gned a num ber and r ead by tit 1 e: RESOLUTION NO. 76 , SERIES OF 1991 A RESO LUTIO N ADOPTING AN INTEGRATED ENVIRONMENTAL PLAN FOR THE CITY OF ENG LEWO OD. 11AYOR VAN DYKE MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 76, SERIES OF 1991. Mayor Van Dyke s ha red cop i es of Integrated Environ me ntal Pla n pre pared by Di- re c tor Barthl ome and Dana Glazier, Wa ste Manage me nt Coordi nalor. Ms. Van Dy ke exp la in ed the miss ion of the plan is to ad dress conservation. pres e rva i on and enhancement of Englewood 's nat11ral res ou rces . taking a ea e.-shi p role in ad- dressin g solutions to environmenta l probl ems fa ced by ci iz ns, busines s ad lie Englewood comm un ity , and addressing the qL1a l ity o l 1 e iss ues hro ugh e nviron ~e tally se ns iti ve ac i ons and inno va tion s. Englewood Ctty Counc11 "1nutes November 4, 1991 -Page 8 Vote r esu1 ts : Ayes : Nays : Absent : Motion ca r ried. Co unci1 Mem bers Gu l ley , Hath awa y, Wiggi ns , Cl ayto n, Habenicht , Van Dyke Plone Cou nc il Member Bullock (i t) Mayor Va n Dyke asked if someone on Coun ci l wo uld be a judge for the Hol i day Parade on November 9 . Council Member Hab enich t vol un t ee r ed. (iii} Mayor Van Dyke announced the South Metro Ch amb er of Com mer ce is hosting a forecast breakfast November 11; she encouraged attendan ce . (iv} Mayor Van Dyke suggested that Council have a study sess i on on November II at 6:00 p.m. for discussion of various items, i.e ., appointment of Mayor , Mayor Pro lem; board and commtssfon appointments; City Manager/City Attorney evaluations. It ,as clarified the meeting would Include any newly elected members of Cfty Council. Further dfscussfon ensued concerning the schedule for board and co11111ission appointments. (b) Council "elllber 's Choice (f) Council Hetllber Clayton: I. Hr. Clayton presented a resolution stating the City of Englewood and t he Englewood School District's opposition to the proposed reapportionment of 1egislative districts. The reso l ution was assigned a nu mber and read by title : RESOLUTION NO . 77, SERIES OF 1991 A RESOLUTION OPPOSING PROPOSED REAPPOR TIONMENT OF LEGISLA1IVE DISTRICTS. COUNCIL ME"BER CLAYTON ltOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO 77, ~ERIES OF 1991. Ayes : Council Members Gulley, Hathawa y, Wigg i ns, Cla yton, Habeni cht , Van Dyke Na ys: None Ab s ent: Council Member Bullo ck Mo tion ca rried . Counc i 1 Mem be r Hathawa y sugg e s led t he o her t wo sc hool di s· t ricl s (Sh eri dan and Cher r y Creek) should also be con act ed fo r t he ir conc ur- re nce i n th is mat te r . Counc i l Mem ber Ha ben i c ht e~p r e ssed app re cia ion o he En lewood Her al d fo r its rec ent ar t ic l e concerning reap portionment . 2. Mr Cl ayton co mmerr ed upon th e town meetin g hos ted by the League of Won1en Voters co nce rnin g hazardou s was t e c l ean-u p decisions. lh e mee t ing is scheduled f or No ve ber 6 at the Ho liday Inn. He encou·age a tendan ce . 3. ~r. Cla • on pro ide d i nfo rm ation con ce rnin g he ACC( s ub -co mi e ee · ing . 1he sub-co mit e is proposing a mailing t o all ci izens in I e l'l e ·o ar a ab oul he impac s of the Lowry Landfill . I I I I Englewood City Council Nlnutes Hove~ber 4, 1991 -Page 9 4 . Mr . Clayton acknowledged that this ts the last meeting of this term, and he thanked the other Council members for their wil 1 ingness to work for the good of the community. (i i) Counc i l Member Habenicht: I . Ms. Habenicht suggested a review of the hazardous tree policy as she has received calls concerning hazardous trees specifically in the 3100 block of South Vine Court. She will pursue the issue in more detail with staff through E-ma il. 2. She stated she has received calls concerning Swed is h employees parki r.,, in front of the residences in the 3300 block of South Washington Street. She requested that parking enforcement be increased in that area. Council Member Hathaway said she will be delivering petitions to a resident of the 3400 block of South Pennsylvania Street who wants to pet i tion the whole block for special permit parking. (iii) Council Member Wiggins advised that Larry Nesbit , Englewood Schools, has offered tours of the various school facilities should Council or staff be interested. ( iv) opportunity to representativ;?. (v) Council Member Hathaway commented she 1s pl eased to have the serve another four years as District l's Council Council Member Gulley: I . She inquired about the status of the complaint made by the owner of En - glewood Liquors concerning the advertising signs at Trolley Square Liquors . City Manager Fraser provided that information. 2 . Ms . Gulley commerted that she has enjoyed serving as District Ill 's Coun- cil representative during he past two and a half mo nth s, and she hopes to be elected to serve for the 11, lt four years. 13 . City Nanager's Report r. Fraser did not hav e any matters to br ing before Cou ncil. 14 . City Attorney's Report (a) Hr. Gri mm prese nted a propo sed uill for an ordin . nee a pro ing a uit Claim Deed wh ic h is necess ary as a resu lt of the City Oi"ch re l ocation. ,e City Cl erk wa s as ked to read Coun c i l Bill ro. 66, en titl ,~. COU NCIL BILL 0. 66 , INTRO DUC ED BY COUNCIL HEHBE~ •. •• A Bi ll FOR AN ORDINAN CE AUTHORIZING I SS UAN CE Of A O'''T CLA !! r~ THE CITY OF LITTLETON FOR /l. PORTION OF THE REAL PROPER TY ,,,.1WN A~ ~ _till[ PAR CITY DIT CH EN CLA VE AS A RES ULT OF THE C ITV DIT CH REL1.Jtf\'', Englewood City counc11 Minutes NovMber 4, 1991 -Page 10 COUNCIL MEMBER HATHAWAY MOVEO, ANO IT IIAS SECONOEO, TO APPROVE AGEHOA rm• 14(a) • ORDINANCE NO. 66. Ay es: Cou ncil Members Gulley, Hathaway, Wiggins, Clayton , Habenicht, Van Oyke None Council Member Bullock Na ys: Absent: Mot.ion carried. 15 . Adjournment COUNCIL MEMBER IIIGGINS MOVED TO ADJOURN. 1he meeting adjourne d at 9:17 p .. I I