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HomeMy WebLinkAbout1991-12-02 (Regular) Meeting MinutesI I Ca 11 to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Re ular Session Dece!ftber 2, 1991 The regular meet i ng of the Englewood City Council was ca lled to order by Mayor Wiggins at 7 :35 p .m. Z. Jnvocat1on The invocation was given by Council Member Bullock . 3 . Pledge of Allegt1nce The Pledge of Allegiance was led by Mayor Wiggins . 4 . Roll Call Present: Absent: A quorum was present . Also present : 5 . Minutes Council Members Hathaway, Van Dyke , Gulley , Bullock, Habenicht, Waggoner, Wiggins None City Manager Fraser City Attorney DeWitt Deputy City Manager Martin Deputy City Clerk Ellis Director Hayes, Fi nancial Services Ut i lit i e s Manager Woik a Directo r Barthlome , Admin istra tive Services (~) COUNCIL MEMBER HATHAWAY MOVED, ANO IT WAS SECONDED, TO APPROVE THE MINUTE, OF THE REGULAR MEETING OF NOVEMBER 18 , 1991 . Aye~: Council Members Bu 11 ock , Van Dy ke. Hathawa y . Habenicht , W,gg oner. Gulley. Wiggin s Nay s : None o io n carri ed . 6. Pre -scheduled Visitors T er e were no pre -sc he duled v i s it or s . Englewood City Council "1nutes Dectfflber 2, 1991 -Page 2 7, Non-scheduled Visitors The r e were no non -scheduled visitors. 8 . C011111untcations, Proc l amations and Appo intments (a) COUNCIL "["BER VAN DYKE NOYEO, ANO IT WAS SECONDED, TO RESIGNATION OF CLYDE E. WIGGINS FROl'I THE ENGLEWOOD PARKS AND CCl!IIUSSION. Ayes: Nays: Hoti on carried. Council Members Bullock, Van Habenicht, Waggoner , Gulley , Wigg i ns None Dyke , ACCEPT THE RECREATION Hathawa y , (b) COUNCIL "E"BER HATHAWAY "OYED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION OF FRANCES SHAFFER FRO" THE BOARD OF ADJUST"ENT AND APPEALS. Ayes : Nays: Motion carried. Council Members Bullock, Van Dyke , Hathaway , Habenicht, Waggoner, Gulley , Wigg i ns None (c) COUNCIL NEIIBER HATHAWAY HOVED, AND 1 i WAS SECONDED, TO ACCEPT THE LETTER FRON FRANCES SHAFFER RECONNEIIIJNI THE APPOINTIIENT OF NILTON SENTI TO THE IOARD OF ADJUSTMENT MD APPEALS AND TO DllECT SllE BRADSHAII TO SEIII HIN A LETTER A.1111 APPLICATION FOR THAT IOAlD BEFORE THE DEADLINE. Ayes: Council Members Bullock, Van Dyke, Hathaway , Habenicht, Waggoner, Gu l ley, Wiggins Nays: None Mot i on carried. 9 . Public Hearing No publ i c hearing was sc heduled before C1unc il. JO. A,proval on Second Reading COUNCIL NE"BER HATHAWAY ltOVED, ANO IT NAS SECONDED, TO APPROVE ON SECOND READ- ING AGENDA ITE" 10 {a) AS FOLLOWS: (a ) ORDINA NC E NO . 69 , SERI ES OF 1991 (COUNC IL BILL NO . 75, I TRODUCEO BY COUNC!L HEHBER HA THAWA Y) ENTITLED : AN ORDI NANC E UTH OR IZING APPROV AL OF THE STIPU LAl JON AND AGREEI ErT FOR GR UNDWATE R RIG HT S FROM THE PRO PE RTY BELO W TH E ~ITE OF CLELL AN RE ERVOJR [TWEE N THE CITY OF ENG LE WO OD AN D THE CI TY OF LI TTL ET ON . Aye s : Cou nc i l Members Bul l ock, Van D kc , Ha away, Hab enic~t. Wagg on er. G~l ley , Wi99i~s Nays : one 'l o io n c ar r ie d . I I I I EnglNOOd City Council Minutes December 2, 1991 -Page 3 II. Or~i nances, Resolutions and Motions (a) Dire c tor Hayes presented a rec orrmendation from t he Depar t me nt of Fina nc ia l Service s to a adopt a bill for an or di nan ce amending the Englewood Muni c ip al Code to meet CM L statewide r ecorrm endation s for sa l es t ax unifica- tions. Th e Dep uty City Cle r k was ask ed to read Co unc i l Bill No . 79 , ent itlect: COUNCIL BI LL NO . 79 , INTRODU CED BY COUN CIL ME MBE R HABENICH T A BI LL FOR AN ORDINAN CE AMEND ING TIT LE 4 , CHAP TE R 4 , OF THE EHGLEWOOO MUN ICIPA L CODE 1985 IN ORDER TO STANDA RDIZE SAL ES TA X COL LECTIO N IN THE STA TE. COUMCIL MEMBER HABENICHT MOVED, ANO IT WAS SECONDED, TO APPROVE AGENDA ITEM l l(a) • COUNCIL BILL NO. 79. Ayes: Council Memb er s Bullo ck, Van Dyk e , Ha tha way, Habenicht, Wag goner , Gulley , Wi gg i ns Nays: None 11otion carried . (b) Utilities Manager Woika presented a reconwnendation ~rom the Wat er and Sewer Board to adopt a b1l 1 for an ord i nance annex i ng the prope rty descri bed in Supplement 1 18 into the Valley San i tation Di str ict . The Deputy Ci ty Clerk was asked to read Council 8 111 No . 78 , entitled : COUNCIL BILL NO . 78 , INTROOUCtO BV COUNCIL HEHBER GULLE Y A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 18 FOR LOTS I, 2 , AND 3 OF THE CLOX SUBDIVISION , ARAPAHO E COUNTY , COLORADO TO VAL LEY SANITATION DIS · TR!CT'S CONNEC TORS AGREEMENT WI TH THE CITY OF ENGLEWOOD TO IN CL UDE ADDI TIONA L LANO WITHIN THEIR DISTRICT BOUNDARIES . COUflCIL MEMEl &ULLEY NOVED, AND IT WAS SECONDED, TO ~PPROVE AGENDA ITEM ll(b) -COUNCIL IJLL NO. 78. Ayes : Nays : !1otion c arri ed. Coun ci l Me mber s Bul loc k, Van Dy ke, Hab en icht, Wa ggo ne r , Gulley, Wi ggin s None Ha t hawa y, ( c) Util it ies Mana ger Wo ! ka presented a recom mend ation from the Water and Sewer Bo ard to adopt a bill for an or dinance ann exi ng he property des cribed 1n Su pp l eme nt ~11 9 i nto the Va l ley Sanitat ion Distri c t . The Deputy City Clerk was asked t o re ad Cou ncil Bill No. 76 , entitled: COUN CIL BILL NO. 76, I NTR ODUCED BY COU NCIL I EMG ER GUL L[ A BI LL FOR AN ORDINANCE APPROVI NG SUPP LEMENT NO. 119 FOR AN /\REA AP PRO I IAH LV 9. 698 ACRE S WHICH IS OWNED BY RHS COMPANY ANO IS LOCATED Ir/ ARAPAHO£ CO UNH . COL ORADO TO SOUTHGAT E SAN IT ATIOrl DISTRICT 'S CO NNE CTOR 'S AGREEM(rH w1rn Ht[ CITY OF ENGLEW OOD TO INCLUDE ADD !TIO AL LAND ~!:THrn THEIR DISTRI CT qou DARI[ . COUNCIL MEHBER GULLEY MOVED , ANO lT WAS SE CON DE D, TO APPR o··~ AGEN DA ITEH ll(c) · CO UNCIL BILL NO. 76 . Englewood City Council Minutes Decefflber 2, 1991 -Page 4 Counc 11 Member Waggone r questioned whether th i s proposed counc I 1 bill wo uld hav e any affect on the flood pla i n. Mr. Woi ka st ated it woul d not , as Ar apa - hoe County has addressed the issue and made it part of the develo pme nt plan . Ayes: Nays : oti on carr i ed . Council Me mbers Bu l lock, Van Dyke, Hat haway , Habenicht, Waggoner , Gul l ey, Wigg ins None (d) Ut i lit i es Manager Woika presented a re convnendat i on fr om t he Water and Sewer Board to ad opt a bill for an ord i nance annex i ng the pr oper t y described in Supplement 1120 to the Southgate Sanitation Dist r i ct . Th e De puty City Clerk was asked to read Counc i l Bill No. 77 , entitled: COUN CIL Bill NO. 77 , INTRODUCED BY COUNCIL MEMBER GULLEY A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 120 FOR AN AREA APP ROXIMAT ELY 36.790 ACRES WHICH IS OWNED BY THE PRESERVE AT GREENWOOD VILLA GE WHICH IS LO· CATED IN ARAPAHOE COUNTY , COLORADO TO SOUTHGATE SANITATION OISTRICT 'S CONNEC · TOR 'S AGREEMENT WITH THE CITY OF ENGLEWOOO TO INCLUDE ADDITIONAL LANO WITHIN THEIR DISTRICT BOUNDARIES . COUNCJL NEMIER GULLEY IIOYED, All) IT WAS SECOtllED, TO APPROVE AGENDA ITEl'I ll(d) -COUNCIL BILL NO . 77, -,yes : Nays: Motion carried. Council Members Bullock, Yan Habenicht, Waggoner, Gulley, Wiggins None Dyke, Hathaway , (e) Director Barthlome presented a reco11111endat i on from the Admlntstra· ti ve Services Department to approve by mot i on the 1992 contract fo r 1 aundry and dry cleaning services for the City . Ms . o~rthlome responded to quest i ons fr~m Council . She noted there is a pr ocedure in place to ensure satisfactory wo r kmanship . Discuss i on ensued . Council Mem ber Hathaway expressed concern with bi lling problem s exp erie nce d a few ye ar s back when Quincy Cleaners wa s pro vi d in g cleani ng se r vice s for th e City. Ms. Barthlome acknowledged t here had be en pr obl ems, however there has been a cha nge i n ownership . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO ACCEPT THE BIO FOR LAUNDRY AND DRY CLEANING SERVICES FROl1 QUINCY CLEANERS IN THE AMOUNT OF $33,861.00. Ayes: la ys: l·o io n carried . Counc i l Me bers Bull ock , Van Haben icht, Wagg on er, ~u l ley. Wigg i ns None Dyke. Hathaway. ( f ) Director Ba r t hlo me pre se nt ed a recommenda ion fr om th e Adminis ,·a iv<' Ser ices Dep artm ent t o appr ove by mot ion he 1992 con trac for r•n-cha s of non-emergency, poli ce and fire unif or ms . Dis cu ss i on ensued . I I I I Engl~ood City Council Minutes Oecet11ber 2, 1991 -Page 5 COUNCIL "E"8ER HATHAWAY MOYEC, AND IT WAS SECONDED, TO APPROVE THE BID PACKAGE SUBMITTED BY NEYE'S UNIFORMS, INC . FOR THE PURCHASE OF NON-EMERGENCY, POLICE AND FIRE UNIFORtlS FOR 1992 IN THE ANOUMT OF $73,689.75. Ayes: Counc il Members Bu ll ock , Van Dyke, Hathaway, Habenicht, Waggone r , Gulley. Wigg ins Nays : None Motion carr ied. (g) Director Barth l ome presented a recorrrnendation fro m the Administra • tive Services Department to adopt five resolutions establishing employee com - pensation plans for 1992. She noted a pay increase of 31 Is being propo sed for each of the groups . Ms. Barthlome clarified that these resoluti on s ad · dressed the employbJS that are excluded from representation in any collective· l y bargained system; the City Manager and department heads are handled sepa- rately; and the pay Increases have been budgeted for 1992 . The reso 1 utlons for Agenda Items (t) through (v) were individually as signed numbers and read by title: (i ) RESOLUTION NO. 79, SERIES OF 1991 A RESOLUTION APPROVING A COMPENSATION PLAN FOR PERMANENT , PART-TIME EMPLOYEES Of THE CITY OF EMGLEWOOO FOR THE YEAR 1992. COUti:JL MDIIER HATHAWAY MOVED, AND IT WAS SECONOEO, TO APPROVE RESOLUTION NO. 79, SERIES OF 1991. City Manager Fruer noted the resolutions also cover insurance premiums and the rates to be paid for the co11ing year. He advised that the City wil1 be realizing a Si rate decrease for the City's self-funded health Insurance plan. Ayes : Nays : Motion carried. Council Members Bullock, Van Dyke , Hathaway, Habenicht, Waggoner , Gulley , Wiggins None (Ii) RESOLUTION NO. 80, SERIES OF 1991 A RESOLUTIO N APPROVING A COMPENSATION PLAN FOR CONFIDENTIAL EMPLOYEES OF T4E CITY OF ENGLEWOOD FOR THE YE AR 1992. COUNCIL "E~BER YAN DYKE "OYED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 80, SERIES OF 1991. Ayes: Council Members Bullock, Van Dy ke. Hathawa y . Habenicht. Waggon e r, Gu l ley. Wiggi ns li.,ys : None Mot ion ca rritd . (ii1) RE SOL UTION NO. 81. SERIES OF 199 1 A RE SOL UT I OtJ AP PRO V I NG A COMPENSATION PLAN FOR GENERAL SERVI CES I AtlA r,[R I AL ANf1 SUPE RVISORY E PLOYEES OF THE CIT Y OF ENGLEWOOD FO R THE YEAR 1992. Englewood City Council Nlnutes Decober 2, 1991 -Page & COUNCIL MDfflER HATHAWAY IIOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO, 81, SERIES OF 1991. Ayes ; Nays : Moti on c arri ed. Counc i l Me mbers Bullock , Van Ha ben i cht, Waggone r , Gu l l ey, Wigg i ns None (i v) RESOLUTION NO. 82 , SERIES OF 1991 Dyke, Hatha way, A Rf.S OLU TION APPROVING A COHPENSATION PLAN FOR FIRE DIVISION MANAGERIAL AND SUPERVISORY EMPLOYEES OF THE CITY DF ENGLEWOOD FOR THE VEAR 1992 . COUNCIL NEl!IER GULLEY NOYED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 82, SERIES OF 1991. Ayes : Nays: Mot i on carr i ed . Counc i l Members Bul l ock, Van Oyke , Habenicht, Waggoner , Gulley , Wiggi ns None (v ) RESOLU TION NO. 83 , SERI ES OF 1991 Hathaway , A RESOLUTION APPROVING A COHPENSAT ION PLAN FOR POLICE DIVISION HAllAGERIAL AND SUPERVISORY EMPLOYEES OF THE CITY OF ENG LEWOOD FOR THE YEAR 1992 . COUNCIL NEIIIER HATHAWAY NOYED, AND IT WAS SECONDED, TD APPROVE RESOLUTION NO. 83, SERIES OF 1991. A.yes: Nays: Motion carried . Council Mefflbers Bullock, Van Oyke , Habenicht, Waggoner, Gulley, Wiggins None 12 . General Discussion (a ) Mayor's Choice Hathaway , (1) Ma yor Wigg in s presented a letter app~i nt l ng Coun cil Member Waggoner t o serve on t he En glew ood Ur ban Re ne wal Aut ho r ity . COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE THE MAYOR 'S AP- POINTMENT OF COUNCIL ~EMBER WAGGONER TO SERVE AN UNEXPIRED TERM ON THE ENGLE · WOOD URBAN RENEWAL !OARD, ~AID TERN TO EXPIRE 6N FEBRUARY 5, 1995. Ayes : Cou nci l Membe r s Bull oc k, Van Dyke. lia t ha way . Haben i cht , Waggon e r , Gul l ey , Wiggi ns Na ys : None t ol i on c ar r ied . (i i ) Mayor Wigg i ns tha nked Co un cil Me mbe r Ha eni cht ror l ay i ng he grou ndwork for rea ppor t ·:on me nt pe lt i onin g, an d Co uncil fo r c ircul a inq he pe 1 i ons . ( ) Cou nc il Member 's Choice I I I I Englewood City Council Minutes Oec11111ber 2, 1gg1 -Page 7 ( i) Council Member Gu l ley requested Coun ci l be ap pr ised , on a regular basis, of lawsuits pending against the City. City Att orne y De Witt a ss ure d her t~at he follows thi s practice. (ii) Council Member Waggoner requested an update on po l ice c a r e xpendltu ni s. City Manager Fr aser adv ised that once the figure s were com- pi led, through the e~d of the year, an evaluation and comparison report would be forwa r ded to Council for review . Mr . Waggoner reques t ed a status repo r t at th i s time. (iii) Council Member Habenicht: I . She thanked Mayor Iii gg1 ns for h i s kind comments and acknow l edged a 11 those who worked on the reapportionment issue, including the Sheridan Ci t y Council and specifically Council Member Bullock. 2 . She stated Council has received permission to petit i on at Cin derella City and she asked for vo l unteers. Di:cussion ensued. 3. She commented that Council had let her down , as well as the citizens , by reject ·lng her request to attend the NLC Conference and partic i pate in the FAIR Pol icy Conrn i ttee meeting, "especially since the travel funds are av.iilable and others wi th less reason to go are being sent .• She noted she had secured funds to attend in order to aeet her responsibilities as a ember of the com- mittee. She read the following letter into the record which she had received from Colorado Womer, in "ur,icipal Government re fl ecting their granting of funds: Dear Alex, Co11gratulations on your re-election as member -at-l a r ge of the Englewood City Council . The citizens of Englewooo are fortunate to have such a hard work i ng, ded i cated person such as you se r ving on their c o uncil . I am pleased to inform you that the Executive Board of CoWimg me t th i s morning and voted to give you a scholarship to attend t he Nat i onal League of Cit i es 1991 Congres s of Cit i es i n Las Vega s , Ne vada i n December. in t he amount of $300 .00 . We were sorry t hat we could not fund the o al amo unt for you, but ou r bu dge t wo uld no t a l l ow tha t muc h o f a n expe d i• ture . Hopefull y, i n the coming year s we would be a bl e t o d o muc h more fo r outstanding wo men to attend these conferenc es when t hei r ci ties are unable to afford t o send them. It is trul y a l oss f or t he e nt i re Sa e of Colorado whe n qual i f i 11d peop l e are preve nted fr om at tendin g hes e meet i ngs and repre senting t he be s t interests o f t he i r c onstit uen c y. Al ex, I hope yo u c an r a ise the rest o f the money lo att e nd. Eng lewood wil l surel y be a lose r i f yoc c ann o t a ttend . I will h look i ng f orward t o see ing yo u in Las Vega s. Sincere l y , Lorr a i ne M. An derson Engle«od City Council "1nutes Dect11ber 2, 1991 -Page 8 She asked to m,et with City Attorney DeWitt, prior to leaving, to di s cu ss t he preparation of a res..,lution to present to the Fair Policy Co nvn ittee i n the event "thi~gs ~reak down " with ACCE . (iv) Council Member Hathaway: 1. She questioned if the City of Englewood has a pursuit pol :cy . She com - mented on an article th1t appeared in the Rocky Mountains News regarding a pursuit in the City of Sheridan, wher one of the1 r pol ice off i cers refused basic ass i stance to escort someone to the hosp i tal . She noted one o f th e "pull -overs• was at Pennsylvania an d Hampden. She quest ioned if the City of Englewood had any i nvolvement or 1 iability in conjunct i on with the City of Sheridan . 2. She requested that Mr . DeWitt provide a copy of the City of Denver graf - f i ti ordinance. Lity Attorney DeWitt advised he would prov i de copies of the Long Beach, California graffit i ordinance, which would provide a good pe rsp ec- tive, and he stated he wil 1 al so transmit a copy of Denver• s graffit i or- d.i nance. (v) Council Member Yan Dyke: 1. She urged Council to support a ml!llbership in the LAB 2000 program in Cin - derella City . City Manager Fraser noted additional information would be pro - vided In the next Council packet. 2 . She reminded Council that ACCE would be holding a meeting at CML Wednes- day to discuss strategy for the NLC Conference. 3 . She noted she had received a complaint regarding overgrown weeds and the sidewa lks not being shr,11eled at the parking lot at the northwest corne r of Cherokee and Floyd. Sh ·. requested ownership clarif i cation . 4 . She encouraged Council to support the appointment of Ma yor Wigg i ns to tbe Urban Drainage and Flood Control . City Manager Fraser stated i etter! woul d be prepared offering support for his appo i ntmen t . (vi) Council Member Bullock : I . He c mpl1mented Ms. Haben i cht on he r or gJ n i za t ion of t he pe t i ti on in g e f - fort s regard in g reappo r t io nment. I 2. He exp r e ssed co nc ern t hat t he pr op osed gr af f i t i ordi nance gran t ed a I 'judici al type of aut ho r ity • to the Ci ty Mana ge r wh i c h could pre sent po e \a l l ega pro bl ems . He qu es t i oned i f i t was appropr i ate t o gi ve he Ci y ~a nag r en a l power . 3 . He r e i t er at ed co l'l pl a in t s fro m ome owne.-s arou nd ~r gl ewo od Hi gh Sc ool ar.d co uriged furth er s udy of he par ki ng s it 1.; hn Co unc il r-ember Habenic ht re comme ~ded a review of th e Pl anning an d 21n ing Compren •nsi ve Plar ·nan a empt to reso l ve so e of t he is s ues by en f orc l~d r s t r ict i ons ha a e alr ady in pla ce. I I Englewood City Council Minutes Decetnber 2, 1991 -Page 9 4. He declared his intention to work towards bea,,t.i fication of the Hampden corridor, between Santa Fe and Downing. He ins truc t ed the City Ma nager to approach the State Highway Conrnission with a request for matching funds. Counc i1 Member Habenicht noted the Beau ti fi cation Commi t tee had i dentifi ed several areas of concern, which included the corr ido r. Council Membe r Hath - away pointed out that this area has been studied previously and enco ur aged Mr. Bullock to draw on those resources. She al so noted that S 100,000 of the General Fund has been des i gnated specifically for beaut ific ation . City Manager Fraser advised of previous attempts to work with the Sta te De- partment on this problem, as they control the medi an . However, the Director of Divis i on VI has indicated a wil 1 '~gness to l ook into the suggested improve - ments and begin design work for ae sthetic i mprovements which also addresses safety concerns . He noted the State has agreed to provide some funding for the project. Council Member Hathaway conrnented that the Federal Aid to Urban Systems wil l occasionally ass i st in the funding of beautifi cation projects. (vii) Mayor Wiggins: l . He urged everyone to attend the December 5th red istricting meeting at the County Administration Building commencing at 6:00 p.m . 2. He inquired whether any Ci ty funds had been allocated for Counc il Member Habenicht to attend the NLC Conference . Council Member Habenicht noted she plans to use approximately $450.00 of her d i scretionary funds. 3. MAYOR lfl881NS NOYED, AND IT IMS SECOll>ED, TO GO INTO EXECUTIVE SESSION A.FTER THE NEETIN& TO DISCUSS A PERSONNEL MATTER. Ayes : Council Members Bullock, Van Dyke, Hathaway, Habenicht , Waggoner , Gulley , Wiggins Nays: None Mot i on carried . (vi ii ) Council Member Gulley : I. She commended Council Member Haben i cht' s commitment to the NLC and her policy co11J11ittee and felt the City should fun d the balance of her trip. COUNCIL MEMBER GULLEY MOVED, AND IT WAS SECONDED, TO AWARD COUNCIL MEMBER HABENICHT $350.00 TO ATTEND THE NLC CONFERENCE IN RECOGNITION OF HER EFFORTS TO OBTAIN AS HANY FUNDS AS POSSIBLE THROUGH OTHER MEANS. Counci l Member Van Dyk e e~pl a ined she original l y voted against Ms. Habenicht 's travel request only because she is of t he op i nion that no more than three rep - resen tatives should attend the NLC Conference. She feel s Ms. flab eni ch rep- 1-esents t he City we ll and she wou ld support her attendance a t the March con - ere nce In Washingto n D.C. if Ms . Habenich chooses to attend. Englewood City Council M1nutes OeceMber 2, 1991 -Page 10 Coun cil Member Waggone r agreed that four representatives is excessive . Ho weve r, because of Ms. Habenicht 's membership on committees pa r ticipating in the NL C Co nference, he feels Council should support he r. Vote results: Ayes: Counc il Members Habe ni cht, Waggoner, Gulley Nays : Counc i l Members Bullock, Yan Dyke, Ha t haway, Wiggins Motion defeated. 13. City Manager's Report (a) Mr . Fraser provided an update on the status of the Larry Scot t property wh1ch the City received as Mr. Scott 's benefic i ary . He noted , I n acc o.-dance with the State's probate laws , the CI ty wil 1 post notices fo,-a min imu m period of four months to creditors and other persons in interest on the estate. In the interim the City is obl i gated to mai ntain t he property and pay any bills in arrears. (b) He noted United Cable has recently had a number of policy and rate changes . He adv i sed Counci l of some of the complaints his office has received, wh1ch the City would be passing along to United Cable. The City 's perm it with Un i ted Cable expires in approximately 36 months and negot i ations will beg1n in April of 1992. 14 . City Attorney's Report (a) Mr. DeWitt discussed the various graffi ti ordinances and requested feed-back from Council . He transmitted copies of the Long Beach ordinance. He noted represent at 1ves of the Englewood Chamber of Col!lllerce have rev1 ewed and agreed with the concept of a graffiti ordinance. Council Member Waggoner inquired as to the cost of removing graffiti in the City of Englewood. City Manager Fraser offered that a reasonab l e estimate could be given of the amount of labor and materials used in removing graffiti from pub lic property by City s taff . Discu ssion ensued regard i ng th e prob lem area s. (b) He discus sed free sp eech r ights in malls comment ing t hat th e Colorado Supreme Court re ce ntly ru led tha t malls canno t absolutely restr ic t speec h activities by members of the public in the malls . He shared informa - t i on on the court's decis i on. I (c) He discussed the NLC Conference game plan and passed ou t copies of the ACCE Monitor Vo l 11me I , Issue 9 and a handout di s cu s sing Superfu nd Policies I -Municip al Li a bilities. He aske d to meet on De ce ber 9th wi th all mem bers attend i ng the NLC Co nfe rence. I Englewood City Council N1nutes December 2, 1991 -Page 11 15 . Adjournment COUNCIL "E"BER HATHAWAY "OVED TO ADJOURN . The meeting adjourned at 8:50 p.m.