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Home My WebLink About1990-01-15 (Regular) Meeting MinutesI. Call to Order £N6LEVOOD CITY COUNCIL l!MGLEVOOO, ARAPAHOE COUhiY, COLORADO R19ular Sission January 15, 19~0 Tht rtgular meeting of the Englewood City Cou~cil was called to order by Mayor Vin Dyke at 7:37 p.m. 2, lnvocatton The lnvocattnn was given by Council Member Koltay. 3, Pled111 of Allegiance The Pledge of Allegiance was led by Mayor Van Dyke. 4. Roll Call Present: Council Members Hathaway, Koltay, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Absent: A quorum was present . Also present: 5. Nlm1tes None City Manager r t aser City Attorney DeWitt City Clerk Crow Director Freeman, F1nanc1al Services Di rector Wanush, Conmunity Development (1) COUNCIL MENIER CL'irTON MOVED, All) IT WAS SECOll>m, TO APPROVE THE NJIIITES OF THE RE8UUR MEETING OF JANUARY 8, 1990. Ayes: Council Members ~oltay, Hathaway, Wtggtns, Bullock, Clayton, Habenicht, Yan Dyke Nays: None Notl<,n carried. i. Pre-schoclulld Visitors (a) Ken Haraldsen did not appear as scheduled. 7. llon-schldulld Visitors Englewood City Council Nlnutt3 January 15, ,990 • Page 2 There were no non-scheduled visitors . 8. COllallnlcatlons and Proclu::at1ons (a} COUNCIL !IEIIIIER HATH.-WAY NO\'FD, AND IT VAS SECOll>m, TO ACCEPT WITH REGRET THE ll516NATION OF BRUCE HOWE FROM THE PLANNIN6 AND ZONIN& COIIIISSION, Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van OykE Nays: None Notion carried. (b) COUNCIL MENIER CLAYTON NOVED, MD IT WAS SECONDED, TO PROCLAIM THE 25TH ANNIVERSARY CotlNENORATION OF THE LAND AND WATER CONSERVATION FUii). Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Oyke Nays: None Motton carried. 9. Consent Agenda (a) (b) (c) (d) Minutes of the Board of Adjustment and Appeals 11eeting of December 13, 1989. Minutes of the Englewood Downtown Oevelopment Authority meeting of December 13, 1989. Minutes of the Liquor Licensing Authority meeting of Oecember 20, 1989 Minutes of the Water and Sewer Board meeting of November 14, 1989 . COUNCIL NENBER ~THAWAY NOYED, AND IT WAS SECONDED, TO ACCEPT CONSDIT AGDIIA ITEMS g (a) THROU&H (d). Ayes: Council Members Koltay, Hathaway , Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. 10. Public Hearing No public hearing was scheduled . 11. Ordinances, Resolutions and Notions (a) City Manager Fraser presented a reconnendatlon from the "Old Hire• Pol ice11tn's Pension Board to adopt by resolution the Old Hire Pol Ice Pension Plan. Mr. Fraser confirmed that the Plan had been reviewed by the present members ~n the current work force as well as many of the retirees. Director Freeman, Financial Services, stated there was no prior statement of the Plan in existence. The resolution was assigned a number and read by title: RESOLUTION NO. 3, SERIES OF 1990 i RESOLUTION ADOPTING THE OLD HlRE POLICE PENSION PLAN DOCUMENT, DATED NOVEM- BER 7, 1989, FOR ADMINISTRATION OF THE POLICEMEN'S PENSION FUND. Englewood City Council Minutes January 15, 1990 -Page 3 COUNCIL MEMBER KOLTAY MOVED, AND IT WAS SECONDED, 10 APPROVE RESOLUTION NO. 3, SERI ES OF 11190 . Ayes : Nays: Motton carried . Council Members Koltay, Hathaway , Wiggins, Bullock, Clayton, Habenicht, Van Dyke None (b) Director Wanush , Community Developmen t., present.ed a request from the Englewood Urban Renewal Authority (EURA) tt,at Council approve transfer of ~unds in the amount of $338,000 for the land acquisition of property from the First National Bank. Mr. Wanush explained that the land In question had been acquired by the EURA through condemnat ion for Improvements to Englewood Park- way; however, no agreement had been reached re ht ive to va 1 ue. Recently a S500,00U settlement offer had been made which has been accepted by First Ni- ttonal Bank . Taking into account the $162,170 being held in escrow, an addi- t i onal $337,830 ts needed by the EURA to consummate the purchase. This trans - fer of funds would not affect the sub-debt agreements between the City and EURA . The resolution was assigned a number and read by title: RESOLUTION NO . 4, SERIES OF 1990 A RESOLUTION AMENDING THE GENERAL FUND 1990 BUDGET . COUNCIL MEMBER BULLOCK NOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 4, SERIES OF 1990. Ayes: Nays: Motion carried. Council Members Koltay , Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None 12. City Manager's Report (a) Mr . Fraser confirmed dates for two meetings schedult>d with City Council : February 10, 1990 at 9:00 a.m ., location to be determined lat er; and March 31, 1990, an al l day session to review and establish goals for 1991. (b) Mr . Fraser presented two resolutions, one opposing H.B. No . 1152 concerning land develol)llent charges, and the other opposing H.B. No . 1007 con• terning Urban Renewal Authorities. Mr. Fraser explained that H.B. No. 1152 would place severe constraints on municipalities and special districts in set- ting of development fees for new development in any particular area. He stated this would be a dangerous intrusion upon local government interests through state leglslat Ion upon development charges and/or fees. The fl rst resolution was assigned a number and read by title: RESOLUTION NO. 5, SERIES OF 1990 A RESOLUTION OPPOSING H.B . 1152, CONCERNING LAND DEVELOPMENT CHARGES . COUNCIL IIEMBER HABENICHT NOVED, AND IT IIAS SECOIIIED, 10 APPROVE RESOLUTION NO, 5, SERIES OF 1990, Englewood City Council Kinutes January 15, 1990 -Page 4 Council Member Bullock suggested a letter be written to the Colorado Home Builders Assochtlon informing them of the City's position in ttlis matter. After discussion, Mr . Fraser suggested that he write a letter, sending• copy of Resolution No. 5 as well as a copy of the document prepared by American Planning Association; Mr. Fraser's letter to indicate that the Englewood City Council Is concerned about the position taken by the Colorado Home Builders Association. Council Member Hathaway suggested that a copy of Resolution No. 5 be fon,arded to all members of the legislative co11111ittee in addition to En• glewood's legislators. Vote results: Ayes: Nays: Motton carried. Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None ctty Managet· Fraser cffered the ottler resolution, which concerns powers f Urban Renewal Authorities, stating this particular legislation could affect a city's ability to Initiate positive Improvements within Its co11111unlty. He eKplained the bill Is sponsored basically by School District interests In an effort to prevent intruslons into their primary revenue base, property tax. Using the City's recently completed project as an example, Kr. Fraser c0t11- 11ented that this legislation would make that process difficult if not impos- sible to complete as it would require unanimity In the thinking of school dis- tricts and others to get urban renewal projects completed. Discussion ensued; Council Member Bullock stated it Is critical that Urban Renewal Authorities maintain powers of eminent domain, particularly their con- demnation powers. This new legishtton would add another layer of bureaucracy. The resolution was assigned a number and read by title: RESOLUTION NO . 5, SERIES OF 1990 A RESOLUTION OPPOSING H.B. 1007, CONCERNING URBAN RtNEWAL AUTHORITIES. COUNCIL MEMBER BULLOCK N0Vm, AND IT IIAS SEC0ll>f.l), TO APPROVE RESOLUTION NO, &, SERIES OF 1990. Council Member Clayton c011111ented upon the current situation with EURA being on the verge of bankruptcy, the dispute over who's ~o1ng to absorb the loss In tu abatements . He expressed concern that taK ~ol lars should be spent by elected representatives, not appointed autonomous l-odles. He felt this legis- lation Is a move fn that direction. He suggested that the resolution not be passed at this time . This viewpoint was discussed further. Council Kember Habenicht stated she agreed with Mr. Clayton on this Issue. She expre.;sed concern about the establ 1shment of author ft les that have the Englewood City Council Minutes January 15, 1990 -Page 5 1bil tty to 1ccess and spend mnies without direct accountability to the • lectorate. M1yor Van Dyke reminded Council that in the 70's a number of council IINlbars were recalled because they were proceeding with redevelopment without an Urban Renewal Authority, She pointed out that the ninth •whereas• in the resolution states: "WHEREAS, Urban Renewal Authorities are currently required to obtain foni1l municipal approval of redevelopment plans including proposed takings by eminent domain". She thought perhaps this would address Hr. Clayton and Hs. Hi.bent cht' s concerns. She concluded her viewpoint by commenting that this legislation would take local powers r ut of the hands of municipal government . Vote results: Ayes: Nays : Hatton carried . Council Members Hathaway, Wiggins, Bullock, Van Dyke Council Members Koltay, Clayton, Habenicht 13. C1ty Attorney's Report (a) Mr . DeWitt presented information concerning a bill for an ordinance approving a consent agreement with the State Health Department for cleanup of contaminated son at 2350 South Rar · 'an. Council Member Hathaway Inquired wtiat the possible costs might be, 1f the w,rk was not done and the City was Issued a Cease and Desist order by the State . Mr. DeWitt confirmed that the cost could easily exceed $30,000, wh1ch is the estllnted cost of performing the cleant:p, and that we would still nave to do the work. As this work ls in connection w1th Paving District No. 33 and the costs are ta be charge~ ta that account, Hr. Fraser confirmed that the $30,000 would not put Paving District Na. 33 over budg et . The Clerk was asked to read Council B111 No. 4, entitled: COUNCIL BILL NO . 4, INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE APPROVING CONSENT AGR [E HENT WITH THE COLORADO DEPART· HENT OF HEALTH ON THE CONTAHINATED SOILS FOUND AT Z350 SOUTH RARITAN. COUNCIL MDIBER HATHAWAY MOVED, NI> IT WAS SECOflDm, lO APPROVE ON FIRST READ- IHI COUNCIL BILL NO. 4, SERIES OF 1990. Ayes : Council Members Koltay, ~athaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Hatt on carr1 ed. (b) Mr. DeWitt infonaed Council that proposed T1tle 15 of the Englewood Municipal Code 1985, entitled Health, Sanitation and Environmental Protection, Is to be considered by the Planning and Zoning Commission ~n February 6, 1990. Mr. DeWitt will provide Council with a copy of Title 1S as drafted. (c) Mr. DeWitt advised Council that an al leged violation against Arap's Old Gun Shop Eatln' and Drink i n', 3866 South Broadway, will be considered by the Englewood liquor Licensing Authority for a possible Show Cause Hu.ring. The allegation was briefly discussed. Englawood City Council R1nutes ~anuery 15, 1990 -Page 6 (d) Mr. DeWitt clarified Council Member Bullock's appo1ntnient to t he Englewood Urban Renewal Authority, and it was agreed Mr. Bullock's term 1s to connence February 5, 1990, to expire February 5, 1995 . The resolutlc'l to be presented under Council 11em~er's Choice was ame nded. (See ~genda It• 14 (b) (1) this page.) Other Council appo i ntments were discussed. l(. &eneral Discussion (a) Mayor's Choice (1) Mayor Yan Dyke referr i ng to a communication which went out to Counc i l last week, stated she felt communication is one of the important fo- cuses of Council. She urged that lines of ccmiu r,1cation l,e kept open, espe- cially with the cit i zens. She suggested a town meet i ng be held February 6 as a general follow-up to the Juuary 30th Special Election; sht: further urged th.it town meet 1ngs be l,eld at 1 east every three months or more often 1f needed . Mayor Yan Oylte commented that Council should strive to fo~ctlon as a un1t since 1t I s easter to acc~mplif~ Its purposes being supportive of each other's issues. She briefly listed her gokls for the next two years : l) promote economic development in Englewood and the South Metro area, 2) improve intergovernmental relat i ons between the governing bod i es in South Metro area, 3) promote wa;te management, pa~t l cularly in areas of reuse, rec~cle and waste reduction, 4) represent the City in the role of Mayor as primary public e~iss~ry. She urged other members of Council to indicate their projects and/or special intensts . Mayor Yan Dyke concluded by suggl'sting a Council sub -c011111ittee be appointed to review and establ i sh varl~us Council policies . Council llembers Clayt6n, Hath- away and Wtggtns were appointed and will be assisted by Mr. Fraser. Mr. Fraser Indicated staff had conmenced Identifying pul 1c l es wllich had already been established by Council arid were working on those policies which are still needed. (b) Counci l Member's Choice (1) A resolution ratifying appointments of council melllbers to various boards and commissions was considered. The resolution was assigned a numbe.-and read by title: RESOLUTION NO. 7, SEkIES OF 1990 A RESOLUTION APPOINTING COUNCIL MEMBERS TO TERMS ON BOARDS AND COK'◄ISSIONS OF THE CITY OF ENGLEWOOO. Eng1IIIOOCI C1ty Counc:11 N1nutts January 15, 1C90 -Page 7 COUNCIL IIEIIIE!l HATIWIAY IIOVm, AND IT IIAS SECOll>m, TO APPftOVE RESOLUTION NO. 7, SERIES Of BIL t'ffO, {)e, ~es: Counc11 Metlbars Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: NJne Motton carried. Tht appo1ntMnts are as follows: Englewood Downtown Develo:}'nt Authority Rita Hathaway (tenure Firemen's Pension Board Susan Van Dyke (tenure as Mayor) Police Pension Board Susan Yan Dyke (tenure as Mayor) Englewood Housing Authority Roger koltay (ten1 to expire July l, 1994) Parks and Recreation C01111lssion ~lyde Wiggins (term to co1111111nce February 1, 1990; expire February l, 1994) Public Libruy Board Alex Habenicht (liaison for tenure) RetirNllnt Board Roger Koltay (tenure) Urban Renewal Authority 11 ■ Bullock (term to coamence February 5, 1990; expire February 5, 1995) Water and S1w1r Board Alex Habenicht (tenure) Ti~ Bullock (tenure) City/School C01111ittee Clyde Wiggins Roger Kolby Denve of Govern111ents egate tenure Ti ■ Bullock, Alternate (tenure) Colorado Nunici 11 Lea ue Polle Co1111ittee ay on, epresentattve tenure Alex Mabenicht, Alternate (tenure) Nallel Canter Trust Fund Ila Hathaway Englewood City Counc11 Minutes January 15, 1990 -Page 8 EconOIIIC Develosment Coalition Susan Van yke (11) Council Member Hathaway encouraged other councll members to read an article concerning the Metro South area which appeared In the January 1990 Issue of the Colorado Business Magazine; also a very good article on En- glewood; and a full page article on the Wilkerson Corporation. She also shared a copy of a brochure promoting Littleton and recoirmended that Englewood consider publishing a s imi lar brochure. Mr . Fraser commented that his staff Is cons i dering a variety of things which will promote the City. (111) Council Member Habenicht offered several Items: (I) Requested that the subject of the Library's unexpended budget funds be set for a study session. (2) Shared lnfonnatlon concern i ng the Women In Municipal Government's upcoming conference entitled "E arth Bank -Interest Is Due on What We Borrow Framing Colorado's Waste Management Solutions .• (3) Commented upon a conrnunity group called "Englewood Foundation - Partners for the Future." She offered to share a copy of I ts mission an d goals I f anyone was Interested. (4) Shared a brochure regarding volunteers publ !shed by the Englewood Publ 1c Schools. (5) Shared her goals for the next two years to Include: --collectively moving Englewood into the future with a shared sense of pride and accompl ishment; and with a goal toward affirming Englewood n a residential conrnunlty of choice with a strong retail center, and an In- dustrially clean and non-intrusive Industrial center . With Englewood as a major player In the metro area , somewhat neutral because we ara a full -service city, but defi n1tely a 1 eader In metro i ssues, especially issues of metro cooperation . ·· emphasizing continually working to build bridges to the future through extending our linkages from the past while providing sound moral sup- port both In philosophy and In action to education and yo•1th; to famll les; and to Individuals; with an emphasis on providing a healthy environment for living and working, with a renewed commitment to residents. •· Identifying and utll lzlng wisely and judiciously cur resources to muste:-c•:r commun i ty spirit and our conmunity enthusiasm toward a shared vision {If our future as a full -ser11ic:e city and a residential retreat. With attent 1 ui, to cooper at Ive planning an Imp 1 ementat I on of programs 1 n areas of waste management, ttie envl ronment, and the future of Englewood, expressed through the youth of our community. --striving to reach Into tomorrow with assurance and pride in a strong and traditional community on the brink of discovery as we encourage our Entlawood City Council Minutes January 15, 1110 -Page I youth to new adventures and horizon In the Zlst century thruugh our exuple and through our support. --focusing on 1. Neighborhoods res I dent I al business (cOMerc1a l and 1ndustrl1l) 2. Intergoverninent1l relations and Issues of governance 3. Youth, faallles , Ind i vidual residents/quality of life, culture 4. Sound fiscal planning and accountabi l ity to the public . (1v) Council Member Clayton commented h1s goah were shared via electronic 111111. He expressed frustration with the City's current policy of refusing alcoholi c beverage sponsorsh i p of our parks and recr~ation programs. He noted that al though the City prohibits the parks and recreation facilities from accepting 1dvertise111ent and funds from alcohol lc beveragl' COIIIO&nies, we do not seem to have a problem posting notices done by other parks and recre- ation facilities In our Recreation Center , He was concerned about the loss of funding u a result of this policy. He felt the City should look at this policy to find ways various c011panies, Including alcohol-rehted coapanles, could help sponsor our various recreation events. 1;,1s was briefl)f discussed. 15 . AdJour.-..nt COUNCIL NENIH KOLTAY NOYm TO AOJOURN. The meeting adjourned at 8:40 p.■. ~~~ ty er