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HomeMy WebLinkAbout2008-05-05 (Regular) Meeting Minutes• • • 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY , COLORADO Regular Session May 05 , 2008 The regu lar meeting of the Englewood City Coun cil was ca lled to orde r by Mayo r Woodwa rd at 7:42 p.m. 2. Invocation The invocation was give n by Counc il Membe r Mccaslin. 3. Pledge of Allegiance The Pledge of Alleg iance was led by Council Member Mccasli n. 4 . Roll Call Presen t: Absent: A quorum was present. Counc il Members Jefferson , Moore , Penn , Oakl ey, Mccaslin, Wils on, Woodward None Also presen t: City Manage r Sea rs City Attorney Brotzman Deputy City Manager Flaherty Deputy City Clerk Bush City Clerk Ell is Directo r Long , Library Di rector Kahm , Publ ic Works Eng ineering/Cap ita l Projects Adm inistrator Henderson , Publ ic Works Director Whi te, Commun ity Development Recreation Servi ces Manager/Golf Spada , Pa rk s and Rec reation Fire Ch ief Pattarozz i Po lice Commander Watson 5. Consideration of Minutes of Previous Session (a) and (b) COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER MOORE SECONDED, TO APPROVE ACENDA ITEM 5 (a)· THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 21 , 2008 AND AGENDA ITEM 5 (b) • THE SPECIAL CITY COUNCIL MEETING OF APRIL 28, 2008 , Mayor Woodward asked if t'n ere were any modifications or corrections . There were no ne. Vote reaulta : Ayes : Na ys : Motion carri ed . Council Members Penn , Mccaslin , Moore , Woodward , Je ffers on , Wil son , Oa kley Non e Englewood City Council May 5, 2008 Page 2 6. Recognition of Scheduled Public Comment Mayor Woodward sa id please limit your rresentation to ten min utes . Typ ically , schedu led and unscheduled pub lic comment is not a dialogue with Council. If Council would li ke to address what you have presented at ths end under Council Members ' Cho ic,,, that's ;,hen they will do it. (a) Michael Morton , Execu llve Director of the Greater Englewood Chamber of Commerce , sa in I believij you all ha ve a copy of my handout in fro nt of you . The Englewood Business Improvement Dis tric t an d the Greater Englewood Chamber of Commerce. ha vo joined together to create Englewood Sale Day in an effort to further ecooo mlc prosperity in the Broadway Sh voring -~'s1•rict from Hampden to Yale . Our act ion plan is as follows : we will work with the Lio n·i Cl'l b to install n~y -~· ;, ,, · front of as many bus inesse s as poss ible that want to participate in th is sale . Ow gua1 ls to h.,a 50 ,. 7ci ,.ag :,a lders installPd . We have abou t 20 to 25 flag holders that are presently i~stalled , for use for Americ •• , >.oli days like Memorial Day and Labor Day . The B'O Board will order 50 to 75 Englewood City fla n~. to be u••d for Englewood Sa le Day . In looki ng at the ordinances , we are allowed to fly either Englewood City flags or Col orado State flags , and what we wanted to do was to identify with the City of Englewood , in peo ple's mind s, fo r thorn to realize that we were havie ; a sale day once a month . So once we start th is, we fee l that after about six m~nti1s of doing this , we can start to get in the minds of shoppe rs that the lasl Saturday of eve e; inontr. Will be a sale day for partic ipating merchants that are i•, Englewood . Also , the fl ags out front will reduce the clutter of having like a sidewalk sale or someth ing like that . but will show moveme nt and unity between the businesses , which should be good to attract new customers and also new bus inesse s to fill some of the vacant shops that we have on Broadway . Small placards will be placed in each p,1rticipating business ' front windo w, expla ln!ng the month ly sale so that customers that are shopp ing during the month will understand what this is . And then number three is we will work with the City of Eng lewood to chang , ordina nces to inclcde the ab ility of the BID to create the ir own sale day flag , the ir own logo flag, wh ich is not presently allowed . The positi,e effect of the flags flying outside of a varied group of bus inesses, on a • specific sale day ea ch month , wil l attract shoppers' attentio n. The Chamber of Com me rce would like to work • together with the BID on this : helping lhem with advertising , links from our website to theirs , and so on and so forth , to let our members know so they can let shoppers know and people that are visiting our website ... to look at member bus inesses to see th is also . So , we are looking forward to startin g th is in the ne xt thirty to sixty days and also work ing with the City Council and the City to address any ordinances tllat we need to , so that we can ge t a BID logo flag approved in the future . Mayor Woodward sa id than k you Mich ae l. Ted , I guess you have someth ing also? Ted Vas ilas sa id first I'd like to update the Council and the City staff, on the goals and the plans for the 2008 Business Improvement Distri ct. Right now we are cleaning the sidewalks in the whole BID area . We are working with a landscape architect to come up with a beaut ificat io n plan . As soon we have the plan , we will come over here for you to approve it. We are work ing wit h a marketing and advert isi ng company to attract ,nore customers and advertise our mo nthly sale , the one Mike mentioned . We are working on a phone book to attract new bus ine sses to Englewood . Now , I have a little different matter to bring up . On March 12'", we had a spec ial meet ing betw ee n BID and several members of the City staff. We discussed the possibil ity of outd"or seating for food and beverage service establishments . There was enthus iastic agreement. However . I not iced the encroachment agreement was to be signed between the City and the owner of the property . In the cases of th e Breakfast Queen ... l own the Breakfast Queen restaurant by the way ... and El Tepehuan , they are very interested in open ing a pat io outside their establishment too . Th e owr.ers of the build ing are not interested , 1 sign ing for a patio to be added . Th is space is City prop erty . I have spoken to Darren Hollingsworth , who discu ssed th is issue with Alan Wh ite. I spoke to Mike Flaherty and he discussed th e issue with the City l\ttorney and the City Manager , who recommended to me to bring this matter In front of the City Council . They woul d all like to see the encroachment agreement changed to have the bu si ness owner be the signer. All th e bus ine sses on Broadway benefit from increas ing pedestrian activity . Outs ide seating encourages palrons , shop owners and passers -by to visit with each other, creating a feeling of a commun ity . Outs ide seating will sli ghtly increase lhe eating capacity , bringing higher sale s, and generating more taxes for the City . Outs ide seating emphasize s that • the business is open , and that's in a community frie ndly fash ion . A nice table with flowers is very inviting . A couple of tab les will not obstruct pedestrians on Englewood 's broad sidewalks . Out side seating is mu ch easier for handicap access , weather permitt iny , of course . I hop.; you all ta ke my notes unde r considerat ion . I'd love to ha ve a patio this su mm er. From lh e bottom ol my heart , I thank you . I would love to have a pat io and the • • • Englewood City Council May 5, 2008 Page 3 owner of lhe Me xican restau rant across the stre et would lik e to ha ve a patio too , but we have to deal with very stubborn build ing owners that don 't want th e suc cess of th is town . Th ey want our rent eve ry month , but they don 't want the su cce ss of th is town . They don 't want anyth ing to do with the City , so we can 't allow them to dictate what we do on the City property . Thank yo u. Mayor Woodward said thank you . 7. Recognition of Unscheduled Public Comment (a) Doug Cohn . an Englewood resident , said I own one of lhe stores in the Bu&iness Improvement District and I kind of like what those guys were talking about. I have several lhings to talk aboul so I will be real quick. I want to say thank you to the Parks and Rec guys and Public Works . The stores along the street , &while back, asked that the lrees be trimmed, because they were hitting people in the face and obstructing the views of lhe stores . The Public Works and Parks and Rec gu ys ... thank yo u very mu ch, you did a good job on that. I have been read ing the notes and you guys have been doing quite a bit of study about the 60 too• rule and maybe making a mod ification to that. Great idea . Keep on going forward with that one . You are talking about that paseo , that rock pile between El Tepehuan and the music store and making that into a nice little walkway and improv ing the lights through there . Really good idea . I read last week that you are also talking about brig , 11ening the lights on Broad way to make it more attractive . If you drive through downtown Littleton, the 32 "" Avenue or Pearl Street at Gaylord , it is as bright as the noon day sun . Lighting up the street is a wonderful idea . Get some of those sod ium light bulbs or someth ing . That would be wonderful stuff. I have been rea~'.ng that you 9I,ys ha,e been work ing also with the builders and talking to guys that wa nt to build stuff here to upgrade our housing . Great idea . Here comes the "bu t" ... I have an issue . Ten day s ago I got the agenda for last Monday nig ht's meet:~q in an e-mail and it sa id you guys were go ing to have an emergency City Council meeting . I said hmm , boy, you haven 't had one of those in a long time ... did not have one of those during the snow emergency two winters ago . The City declared a snow emergency , but the City Counc il didn 't have an emergency meeting and I was th ink ing ... now why would you want to do this ... before I opened it up . Maybe you are going to do something , you guys are going to plan on tak in g care of the drug problem . I was think ing , well maybe you havP. something to do with a co ncern about the folks loosing thei, houses and somehow you figured out a way to help folks not lose their houses . Then I opened the thing up and it said rooming houses ... rooming houses? I scratched myself on tha head and said I didn 't know we had any of those . Th is was like a meteorite from outer space . I didn't know we had a crisis . I was speechless . So , I thought maybe I had missed someth ing so I went though the old City Council minutes for the last year or so looking for some kind of discuss ion of the problem with rooming houses . I couldn 't find any discuss ion anywhere about that. And , I guess I am wondering ... do we have a lot of roon,ing houses? Do we have a few? I know there is one ongoing complaint , but I don 't know if that is the motivat ion for the law. I guess I am wondering ... is one complaint , i5 that a crisis? When my wife went to law school , on the first day about the second sentence from her first instruc1or was ... a fundamental principle of law is bad facts make bad law and that laws made in emergency kind of situations have all ki nds of unintended conseo ·Jences . So , I guess I am wondering ... my question is ... why ;s this rooming house th in g a problem ? I am scratcning my head with that. I honestly don 't know so I am asking for information on it. Historically , there is some evidence that after Tom Skerritt diad , the guy whose house was over on Bannock Street his widow took iu renters lo help pay the taxes . So , we have the historical situation , I guess for a hund red years . I am mostly speechless , but I am st ill talking . I don 't understand ii. When my Mom went to Stephens College in Missouri back In the 193O's , she lived in a rooming house and that rooming house later became a so rority . I know I am almost running ou t of time . Bu t back to my question , why do you all care about room ing houses and why is this such a crisis? As I drive around in my RTD bus , I pass the new motto for the City of Lakewood and it is kind of scattered all around the edges of the town anj says , "we are building an inclusive comm unity". I paused and thought ab0ut that for awhile and I guess the other side of that one, the question you wou ld have to ask is, are some people building discrim inatory and exclusionary communities? I hope we don 't do ,at. Thank you Mayor Woodward sa id thank you . (b) Greg Allen Pickett , an Englewood res ident , sal.l Mr . Mayor and esteemed members of the City Counc il, 1hank you lor giving us the 0pportunity to speak to you th is eve ni ng . We are here to reaffirm to the Mayor, the ent ire Ci ty Council and specifically to our distri ct representative , Joe Jefferson , that we are not in Englewood City Council May 5, 2008 Page 4 support of the boarding hous e that is bei ng run on South Pearl Stree t I st:rnd here in solid arity toni ght wi th many of my ne ighbors from that bl ock of South Pearl Streel and Cornell f,tree t. T' ,ey ;;ro all here : Anne and Miguel Drake , Ron and Rob in Noff singer , Randy and Sand y Ba x, Chris Carm=,,. '.'i ll ,l nd Jane Sigler, and Mitch and Angela Grun . Each of us here are very concerned abo ut the present and '.•,ture ,'Tipa ct th at the boarding house on South Pearl Street has on our commun ity . And if you remember , at tne Ja, ca ry 7" Counc il meet ing , Ms . Bartnick presenled the Council with a µetition signed by part ies thal supp osedly ad a vested interest in th is is sue . Upon furt her investigat ion , it turns ou t that most of the people who sigr,ed that pet itio r don 't even live in the City of Eng lewo od, and those that do , don 't llve on our block . They don 't have the impa ct that we 're hav ing and it doesn 't take a great deal of energy or commitment to sign that pe ti tion . Those that signed It do not have a vested interest in our community . In contrast , City Council , take a look at the r,•Jo~,e that are he·e tonight. We are the concerned ne ighbors that are being impacted by th is board ing house . We could have all just signed a petition and presented it here to you , at City Council , but Instead , we invested our time , our energ y and our commitment , and took it upon ourselves to come to the Council meeting ton ight to share "ur concerns , exprc-i; our grievances and to ask you , the City Council , for your help. Is that not what a representative demo cra cy is all about? And we are here tonight asking for your representation , for your as sista nc e. from you the people who were elected to rep resent us , represent our needs , our families and our commu nity . As man y of you probably remember, I spoke to the Ci ty Council on January 7", so if you want to go back to t~e minutes of January 7" ... about some of th ese concerns . I want to take this op, ortu nity to reiterate a few of my concerns and also br in g forth some addit ional problems that have arisen in the past few months . First and forem0st , I would like to app laud the City Council for pl acing a six month moratorium on the const ruction of any new boarding and rooming houses in our commun ity . This wasn 't a law that wae passed that is go ing to have a great impact; it's just a six month breathing time , so we can work through this prcblem . This is the first step i,1 wha t will hcpefu :•v be a change to the zon ing code . But allow me a moment to talk about zoni r.J Whal is the purpose of zoning and why should it be enforced? According to lille 16 of the =nglewood Mu e.ic ipal Code , the Englewood Unified Developme nt Code , Chapter 3, Sect ion 2, quote ·one of the goals of the City is to encourage a variety of housing types to meet the needs of differing income levels and varying family slfuc!ures ." The regulations for these zoning dist ricts are des igned to stabil ize and ~rotect the essential cha racteristics of the dist ncts a:id to prrmote a compatible neighborhood environment. Chapter 3, Section 2A , goes on to speak spec ifically to R-1 zoning , stating that R-1 zoning is des igned to be single dwell ing unit res ident ial districts , mu lti -unit dwellings are not allowed in these districts . This is codified . Th is is our Englewood Municipal Code . The spirit and in tent of zon ing laws and regulat ions are clearly la id out in these sect ions of the Englewood Un ified Development Code . Zoning is des igned to quote ·stabilize and protect the essential characterist ics and to promote a compatible ne igh borhood env ironment ." The essential characte ri stics of our neighbN hood , zoned R-1-C, aI·e. being undermined and violated by the board ing house , whicn has Invaded our community . As I mention ed wher. we last spoke to the City Council in January , my wife and I were very intentional about where we ,')o ught our first home four and a half years ago . We spe,11 months researching different ne ighborho ods and taking walks in different ne ighborhoods at different times of the day and night to see what the intr ins ic character istics of the ne ighborhoods were like . This led us to be very deliberate about where we purchased a house and we opt ed to buy in a dist rict zoned R-1 . There were a plethora of reasons for that, but the biggest and most imr,ortant reason is that a neighborhood zo ned R-1 is more likely to have families , a sense of permanence and a true co mmun ity. We kn ew that we would zc tually ge\ to know our ne ighbors and form a commun ity with them if we we re able to buy a house in an establ ished neighborhood in an area zo ned R-1. We could have pa id less for a ho use or gotten a bigge r : 0use if we had bought four b'ock s to the west on Sherman , in an area zoned R-2 , or bought five blo cks to the south on Girard , in an area zor,ed Mix ed Use R-3. But instead we wanted to live in a famil y neighborhood that had a real sense of community , so we bough our first house on Pearl Etreet in an area zoned R-1. We assumed that meant that we would neve, ha ve to live next to an apartm ent building or boardi ng house with a trans ient populat io n and increased foot and , ar traffic . The Bartn ick s ha ve vio lat ed th P. intent and sp irit of the law by erecting and running a boarding house In our neighborhood . Th is ha s had a mult itude of iI1 pa cts os the community of that block of South Pearl Street. There has been increased traffic and on -street parking , people coming and going at all hours of the night , and a genera l change In th e look and feel of the ne ig:1borhood, un dermining th ose essential ch ara cteristi cs of the ne ighborhood and disregard ing the purpose of zoni ng to create a compat ible neighborhood environment , a, defined by the' Jn ified Development Code . The tempo rary re nters , at that house on So ut h Pearl Street , have made no effort to gel to know the ir com mun ity or ingrati ate th emse lves to the ir neighbor s. The Bartn icks have ad vertis ed on th ei r we b si te ... and I quo te "No le ase agree ment req uired . Month to mont h. S6OO .OO per perso n.· Th is has seve re implica tions fa , the natu re of our co mmunit y and our nei ghbor hoo d. They are invi ting a non-p ermanent , tra nsie nt po pulat io n into our • • • • • • Englewc~rl City Council May 5, 2008 Page 5 neighborhood . Th ey are not requiring a lease agreeme nt and not performing background checks , credit checks or anyth ing on the ir tenants Yet they really ha ve no con trol over those tenants , like they would if they were members of the ir family . Th is undermines the very nature of R-1 zon ing . I wou ld like to ask the Council Merr.bers , the Mayor and others gathered here if they would want to live next door to a hou se with a trans ies l population? Would you want to live next doer to a board ing house ? Would you fee l safe at nig ht knowing that in the house ne xt door live people with nc, ties to the com mun ity and no interest in getting to kno w :he ir neighbors? Another is sue related to this is the wanton and willful disregard for the law that the Bartn ick s have shown lhrougho-Jt th is entire process . As they were build ing the ir house , the y stated that they were hoping to quote "fly under the radar" of the City in terms of running their board ing house . Now that It is out in the open , they continue to openly dis regard the law and disrespect the spirit and intent of the law , de spite the fact that the neighbors and the Cit)' have brought these • ,ncerns to their attention. Th e Bartn icks ha ;e cisre garded the des ignated purpose of a neighborhood zoned R-1 . Even though they found a loophole in the law and jum ped through ii, th is still demo nstrates a desire on the ir ?•rt to knowingly and willfully violate the spirit and .te nt of the law , if not the letter of the law . Mr. Picke t sa id is my timE I Mr . May or? Mayor Woodward repl ied you 're real close . Mr. Picket said okay , thank you . Mayor Woodward sa id thank you . (c) Chris Carman , an Englewood res ident , sa id I yield my time to Gnsg Allen Picket. Mr. Picket co ntinued say ing another law that the boarding house on South Pearl Street is activ r,ly violating Is ;n crealinJ the required number of parking spaces for a board ing house . I koow you spoke at a '.:it udy Ses sio n today about pa rki ng spaces for residential parking , but Title 16, Chapte r 6 , Section 4F , of !h e Englev•ood Mun icipal Code , express ly states that for a rooming or board ing house , qcote ·one off-stre et pa rki ng space for each gues; ~ed , in add iti on to the one-un it dwelling requirement ." And the one-un it dwelli ng req uirb;n ent, that you guy c were speak ing about , spec ifie s th~t there must be two spaces per each dwelli ng unit. ,his means that the B•rtn ick s are requ ired by law to have five off-street paved park ing spa ces . These requ ire ment s. accordi ng tc Tille 16 , Ch apter 6, Sect;on 4, are , to quote , ·to prevent or alleviate the congestion c,f public streets , to min imize any detrimental effects of p&rk ing and loading areas on ad jac ent properties and to promote th:• safe ly and welfare ot the publ ic ." Our street has become congested with extra cars due to the ope ration oi !his board in g house . It has created detrimental effects of park ing on ad jacent propert ies and has undermined tne safety end welfare of the public . If th e Bartnicks are going to de cl are themselves a boarding house, then they must fulfill all of the requirements of a boarding hou se , incl uding th e r.reation of paved off-st ree t parki ng spa ,;es . I ask the Counc il to pl ease follow up with this and forward this c;1!0 the Com ni unity Deve lo pment Departn,en .. In add ition, the Bartn lcks wrote me a lette r enco urag in g me to open an illegal bus in ess In my own house . I have copies of the letter here and I will submit them to the Clerk to go on the record . The lette r on.:e aga in demor.strates the wanton and willful dis regard for th e law. A simple readr ng of th e Mun ici pal Code ma ~es it cle ar that I can not run a store out cf the back of my house in an area zo ned R-1. I understand that , but th e Bartn icks are aski ng me to do that. They are encouraging me to viol ate the la w wit h them . Al l vf these th ings raise some serious concerns , as her ne iA hbors . We are very con c~rned a">out thi s. If tney ·v e chosen to disregard the spirit of the law re late d to R-1 1.oning and the letter of the law rela1;ng lo the reqc.i,.,1 parl :ing spaces , and even encou rage th eir ot her ne ig h~Jrs to also violate the law, what laws will th e; dis re9ar:J ne xt? Th is sl ippery s:ope puts all of her neigh bors on edge and al r,sk . I stard here in soiiaanty wit h the rest of my neig hbors and im plore tile City Co uncil to ta ke action on th is . Please wor k with us to restore the sense of community on Pearl Stre9t and help us to take back our nei ghborhood . Th~nk you . Mayor Woodward sa id thank yo u. (d) Robin Noffs ing &r, an Engl ewood res ident. sa id r ood eve ning Mr. Mayor anc t Counci l Membe rs, we sure appreciate you letting us speak tonight. We are the Noffs ln,,e rs. I am Robin and th is is rr.y husbard Ror,. We ha ve owned the property on So uth Pearl Street for tho past 25 years . We are also here tonig ht , with the support of all our neighbors, to vo ice the co ncerns of all the ,ss•,c s involved in that property on Sout,1 Pearl Stree t, to wh ic h we live directly south of. Since last Au~ust , we have bee n br ingi ng to the City's atte ntion , our feelings of ju st how much that property on South Pearl s•.reet an c its owners , the Barlnic ks , have negative ly impa cted our ne ighborhood . We are aware that the Code Enforcemer,t case againsi them was dropped due io th e fact that the Engl ewood Mun ici pal Coue lacked a defini tion for " room ing /bo ardin g hoese . ii still seem s very Englewood City Council May 5, 2008 Page 6 unclear lo us how the property owners can now claim that they are runn ing a rooming /boarding house when no such definition exists . Along wi !ll ail the other Issues being addres sed here ton ight , we are all concerned about how th is situation is go ing to affect our property values . Obviously our Arapah oe County ta x assessments will go up and due to the close proximity of the South Pearl Street property , all of us are Impacted . We would have no problems with pa ying more ta xes, if we could see a posit ive impact for the ne ighborhood . But in reality , our market values have plummeted due to having a rooming and boarding house directly ne xt door. Anyone in the hou sing marke t. looking for a single family residence in the R-1-C district , wouldr,t even consider our place , due to this situation .. l et's say we wanted to sell . We pose this question to Council . the Mayor and the others gathered here . Would you choose :o purchase a home in a single family R-1 11eighborhood ne xt to a boarding house? Th is is another reason that the zoning laws exist and once again demonstrates the detrimental impact of violating the spirit and the in tent of these laws . We do appreciate ail your ti me and efforts that the City and the Council have given to this matter, but we ~ope that everyone involved will remain focused in finding the answers to rectify th is problem . Thank you . Mayor Woodward said thank you . (e) Miguel Drake , an Englewood reside nt , said good evening and thank you for your time . We are adjacent neighbors tc the board ing house on South Pearl Street. I am gains to speak directly to the negative impacts of having a boarding house immediately adjacent to my proper!'• are is a dog in that house that has menaced my son , myself and my wife , en my property . I don 't know ,s dog be longs to . I can't fin d this • out. This person won 't talk to anyone, he goes inside and he goes a ,ay . I have increased traffic . I have zero accountability for my neighbors to the neighborhood . I have a fear that th ere are anon ~mous people livin,g 110,t door to me that I cannot trace in any way and any damage that they may do , I h.av~ no way to regress . These are direct consequences of having a toarding house next door. Addit i1naliy, lot's th ink about ii 'or a mome nt and say , okay , we will allow a boarding house with perhaps thre;, ,ssiaents, plu o the origi n•'· Well , let's say , we have a house of two people with three residents each . I now have r.ve cars per 50 foo t frontage . Th is is R-1-C ; • this Is a small frontage area . How do you park five cars oil the street? It can 't be done . Furthermore, I ha ve the increased traffic impact due lo that. You know , I have a great deal of concern about th e precedent of allowing , essentially , non-owner residen tial boarding houses In what Is fundamentally defined as a sinr,!e family zon ing . Again , I am here with my ne ighbors . We are here because we are concerned . ·rhank you very much for your time . Good evening . Mayor Woodward said thank you . (f) Betty Jean Micha ud , an Englewood resident , said everything that has come up is pretty much what I wa s go ing to talk about , so it would be a waste t•f my time and yours , because they have covered th ings very well and especially about the parking . Thank yo.a . (g) Rhonda Jo Gilli!, an Englewood resident , sa id thank you for the opportun ity to be able to speak to night. I would like to speak , of course , obviously , in reg ard s to the boarding house iss ues that are go ing on . I do want lo let you know that I did have the opportunity to be rai sed in a very wonderful hom e. My parents had over seventeen fa mil ies in and out of my home In th e twenty years . We didn't know that it was qu ote "a boarding house .· We were be ing good stewards , good citizens and kee ping souls at our home and hel ping raise individ uals that needed to hav e a different pla ce and a different id~e tity which my parents brought...a stable rela tionsh ip. I respect and ur~erstand it could be very horribl e wit h pa rk ing issues and various other different th ings , but in the whole twenty yea rs , there was never, ever anyth ing th at was done that was out of the law. When my pa•,ants had these se venteen families in and out, we actually had two fam ilies in, that were brought overt~ our home wit h medical visas . To be able to have the opportunity to be in the United States of Amer ica, to have inj uries and va ri ous other different th ings that they could no t have in their land , taken care of wh ile they were housed in our place . So , I do respect what you fol ks are trying to do . I dc,,'t know the full ramification of everythin g. I don't know all the leg~lislic is su es a, d a lot of the different thi ngs th at you have sta led , but I do hope that you take in to considerat,on the med ical issues and everything else . A lo t of the people • do open the ir homes as citizens , as careg ivers and caretakers , and I do want to let you know there was not a dime that my parents too k when they housed these seventeen famil ies . And when we have our Monday night dinners with entire famil ies toge ther , it is awesome , because I've got extended family now . And. I do want to let you know , my youngest son is an offic er of the law , so I can tell you , we do respect the law . We were born with • • • F.nglewood City Council May 5, 2008 Page 7 morals and ethics that we in stilled with everybod y that came in to our home as wel l. II does sound to me like ii is a personal lyn ching , because I have only heard one fam ily be repeated over and over and over again . And that does concern me , because I do know , as a pra ctice admin istrator for a surgical practice , I do have the opportunity to speak lo hundreds , upon hundreds, upon hundreds of med ica l doctors within the Littl eton Porter area , Porter Hospital as well as Sky Ridg e Med ical Center . And I do know that we are very , very grateful for the people that ope n up their doors for the individuals that end up in Craig Hosp ital , for th ese famili es that cannot find places to stay next to Craig Hospital. And no , I unde rstand that you wou ldn 't want to have an apanrnenl comp lex . Howe ve r, I do tell yo u that there are a lot of people tha t have opened up the ir Joors . with big llearts. I just hope that you take that into cons iderat ion when you are tal ki ng about whatever law it Is that you are want ing to pass . Thank you very mu ch. Mayor Woodward sa id thank you . (h) Patrick Pens in i, an Englewood res ident , saio I have some issues , but I came here mostly to night to learn proper procedure on how to address the cou rt , so that is the or,ly reason I am here as a visitor. So, I will not make any statements at this time . Thank you . Ma1or Woodward said thank you . Mayor Woodward asked is there anybody else that would like to make a statement? (i) Matthew Crabtree , an Eng lewood resi dent, said good evening . I am here with curiosity and concern regarding this board ing house issue . My concern is separate from theirs . My concern is the process that 's being followed here . I would like lo personally know what constitutes an emergency meeting and why this was held in such an emergency and an immediate fashion . One thing that I would like to remind Council is , and please don't take offense to this, those on Council that have made some of the weaker decision in the past , but there is a bit of a history with Englewood making some de ci sions in a rash manner that ha ve n't always turned out to the best. One issue that comes to mind and that is the 50 fool frontage, the limited lei width . Similar situation, where. the people came before Council and sa id , I don't want duplexes , I want only sing le family homes on a lot. Well, I don 't know the exact history on it , but it was passed . Well , we all know how that turned out. Thal severely injured our City and that was passed in a manner with a small percentage of the pop•Jlation coming forth with a current concern . Has anybody addressed the concerns and the implications with th is partic ular boarding house thing? By passing this , do we know what is going lo happen ? Do we know four yea rs down the road if we are not going to come back to Plann ing and Zoning and say , oh, oh , we bette r reverse tha t? I would li ke you all to take that into consideration . Thank you . Mayor Woodward said thank you . U) Ric k Gilli!, an Englewood resident , said good eve ning Council men and Council lady . I wasn 't going to speak tonight but I was concerned over th e iss ue of the boarding house . Some years ago , Counc il had no problem allowing on Lipan and Chenango for the County lo put in a non-vi olent offend er home that was monitored 24 /7. We had no problem with that , said the co mmunity will be fine and everyth ing wi ll be okay . II wasn 't an emergency meeting then . I am kind of with the gentleman before me . I went back and look ed up when there was an emergency session and I am confused on why this is an emerge ncy session . Usuall y when we have a knee-jerk react ion it is for two reasons : it is either for personal. .. there is a personal iss ue with the person , that we don 't like them , and we want to hurt them , or there Is a different agenda . Eit her way it doesn 't look good with out us thinking this thing through before we go for a limited lime. Listening to lhe Code , there is a difference betwee n multi-unit homes and a home that allows pe ople to use their rooms . My wife spoke a few minutes earlier. I have seen the positive result of that. I couldn 't help but wonder ... you know we brought the lynching , we brought the rope and we forgot to bring the guest. I would like Ms . Bartn ic k to have the opportunity to sa y her piece , because her ne ighbors sure have. I hope we don't make th e de cisi on and finalize someth ing before we give her that opportunity . Yo u know people ... I heard them talk . People co me and go in my neighborhood all times of the nigh t, you k1ow , different types of jobs. We are a 24 /7 communi ty . If we want to li ve in a community where people don't work at night , or yo u know, then we need to have covenants . lf Englewood wants to start to be a co ve nants city , th en we nee d to de fine Englewood as a covenant ci ty . I'm a realtor and I ha ve a hard time ... I'm a real to r who lives in Englewood and I love to sell ho mes in my own Englewood City Council May 5, 2008 Page 8 neighborhood . I could nol even get my own son , a Denver policeman , to buy a home in Englewood, because he was not happy with the way Englewood was turning . So , we are having a problem gelling people ... we have alrea ,jy limited pop-tops and I'm sure there was a reason for lhal, the 50 /60 foot rule , and I'm not sure about that. We keep making these rules without thinking them out. And I plead with the Council tonight. don't make a decision quick, and think this out. I also know of a boarding home in Englewood who boards the elderly. Their families cannot take care of them 24 /7. So there are people in this home that come and go at different limes. Are we going lo shut '.hal home down as well? Whal about the famil ies who bring in foster children? Are we going to shut that home down as well. because that comes under the boarding rule as well? So, I think we have a deeper issue here . I don 't li ve in their neighborho od and I don 't know their issue . Obviously , ii is tender issue to them . Some of it sesrr,s pe rs onal more than legal. And I want to correct a gentleman ; she was not convicted of anything . She has broken no laws. There were no laws broken as far as I was told . And I am not here to defend her, but I don 't like lo hear thal someone is calling somebody a law breaker if they have not bro ken lhe law. And I will end with that. The last thing I would like lo say is ... I like what the gentleman said prior to me ... let's make Englewood an inclusive City . II is hard enough , like I said , gelling people lo want to live here . Let's quit the nonsense of shutting it down to where we have another restr iction, another reason for people to go some place else . Thank you very much . Mayor Woodward said thank you . 8. Commu nications, Proclamations and Appointments (a) considered . A procla mation naming Olga Wolosyn as Englewood 's Citizen of th e Year for 2008 was Council Member Moore said it is with great pride and honor that I wou ld like to move 1:1is proclamation forward nam ing Olga Wolosyn as Citizen of the Year. COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE THE PROCLAMATION NAMING OLGA WOLOSYN AS ENGLEWOOD'S CITIZEN OF THE YEAR FOR 2008 . Mayor Woodward asked if there was any discussion . There wa s none . Vote results: Motion carried . Ayes: Council Members Penn , Mccaslin, Moore, Woodward , Jefferson, Wilson , Oakley Na ys: None Mayor Woodward read the procla mation in full . There was applause . Mayor Woodward sa id I would just like to mention we are celebrating 0 1ga 's contributions on Monday, a week from tonight , May 12'", in Hampde n Hall, right here in Civic Genie nd we will be celebrat ing her being named our Citizen of the Year. (b) A proclamation declaring May as Stroke Awareness Month was con si dered . COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER WILSON SECONDED , TO APPROVE THE PROCLAMATION DECLARING MAY AS STROKE AWARENESS MONTH . Mayor Woodward asked if there was any discussion . There was none . Vote results : Ayes: Nays : Mot ion carried . Council Members Penn , Mccaslin, Moore , Woodward , Jefferson , W ilson , Oakley Non~ • • • • • • Englewood City Council May 5, 2008 Page 9 Mayor Woodward re ad the pro clamat ion In full. There was applau se . Mayor Woodward said I wou ld also like lo ma ke a statement that we appreci ate the important role that the Cc lorado Neurological In sti tute plays in our comm un ity and th roughout Colo rado . When Mayor Wolosyn was in the hosp ital last fall , after suffe ri ng th e an eury sm tha t eve ntu ally too k he r I 'e, I kno w the staff from CNI served as a valuable resource and so urce of support for her fam ily . We thank you for being th ere for Olga 's fam ily and we thank you for be ing a part of our commun ity . Than k you . No w, I would like to give some of the folks th e opportun ity to spea k. Fonm er Mayor Pro Tern from Cherry Hills Villag e Doug Tisdale said may It please the Coun cil , your Hon er and Council Members . Good evening ladies and gentlem en . I am pleased to serve as the Cha irm an of the Board of the Colorado Neurological Institute. We ~re delighted to be here wi th yo u this evening and to acce pt thi s proclamation . We apprec iate very greatly th, '::ty of Englewood sign in g on to this procl amat ior ·. Pe rmit me to Introduce those people who are here with me this eve ning . We have Dr. Ri chard Kelley, who is the incom ing Ch ai nman of the Board of CNI. Ne xt to Dr . Kelley is Ms . Lou Ann Williams , wh~ is the Executiv e Director of th e CNI . Next to her is Dr. Don Smith , who heads up the stroke program for CNI and for Swedish Medical Center and is on the Pres ident's Advisory Council for Stroke . Ne xt to Dr . Sm ith is Ms . Lisa Ruiz, who represents Swed ish Med ica l Center , wh ich is the huge support of both CNI and st roke outre ach and research here in Englewood . CNI, as you may know , is the la rgest neurolog ical center that ex ists between Ch icago and the we st coast. We have materials that we would like to pro vi de to the City Clerk at this time, that can be shared with the Council Members , so that you can lea rn more about CNI and about stroke awaren ess . Your resolution relates to stroke awareness and that is one of our programs at CNI and at the stroke center . As some of may be aware, my wife, Pat Ti sdale, who was a city attorney , passed away from a stroke . Mayor Wolosyn , who was a good friend of mine and a fellow board member on DRCOG , passed away from a slroke . Illustrating th is point , understand that more than twice as many women will die from stroke as will die from breast cancer. Stroke is the th ird leading cause of death in the Un ited Sta tes . Stroke is the leading cause of disa bility in the Un ited States . That is why your resolu tio n is so important. But , it is important that it comes from you , from the Englewood City Council , because CNI is headquartered here in Englewood , on the campus of the Swed ish Med ica l Center, and so we are immensely grateful to you for ta ki ng the time out of your schedule . I can say that I am the immediate former Mayor Pro Tern of Cherry Hills Village and in listening to your ar,anda , I'm very happy to be a former . We do thank you for tak ing time out of your busy agenda to give us th is p,uclamation th is evening . Thank you . Mr . Tisda le accepted the proclamat io n from Mayor Wood ward . There was applause . Mayor Wood wa rd sa id I would also just like to make the statement tha t: Dr. Smith , I'v e heard of yo u. I've heard presentat ions about the work that you do and the work that you do at Swed ish and for other cities and hosp itals within the Stats or Colorado . Ho w you are on ca ll , in the event of stro ke , at another hosp ital , somewhere else , the y are in cont acl with you and you can look at that type of material , I gue ss, over your co mput er and ove r the web and diagnose th ings . And it's a pleasure hav ing yo u here and it's a pl eas ure hav ing th is procla mat ion for yo u. And thank you aga in fo r being in our City . Dr . Sm ith sa id thank you . 9. Consent Agenda (a) A~pro·1al of Ordinances on Firs! Read ing There were no items subm itted for approva l on first rea ding . COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER PENN SECONDED , TD APPROVE CONSENT AGENDA 1:EMS 9 (b) (I), (II), (Ill) and 9 (c) (I). (b) Ap pro val or Ord inan ces oa S.:co nd Read ing