HomeMy WebLinkAbout2008-05-19 (Regular) Meeting Minutes•
1. Call to Order
ENGLEWOOD CITY COl,NCIL
ENGLEWOOD , ARAPAHOE COUN'l'Y, COLORADO
Regu lar Session
May 19, 2008
The regular meeting of the Englewood City Council was called to order by Mayor Woodward al 7:47 p.m .
2. lnvocat!o-
The invocation was given by Council Member Mccaslin.
3. Pledge of Alleglance
The Pledge of Allegiance was led by Council Member Mccaslin.
4 . Roll Call
Council Members Jefferson, Moore , Penn, Oakley , Mccaslin, Wilson,
Woodward
None
Present
Absent
A quorum was present.
• Also present City Manager Sears
City Attorney Brotzman
Deputy City Manager Flaherty
City Clerk Ellis
Director Gryglewicz, Finance and Adm inistrative Services
Director Konish i, Information Technology
Di rellor Kahm , Public Works
Director While, Community Development
Director Fonda, Utilities
Senio, Planner Langon, Community Development
Fleet I ·,inistrator While, Public Works
Traffic c:· ~ineer Voslry, Publ ic Works
Police Com,nander Walson
5, Consideration of Minutes of Previous Session
(a) COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER PENN SECONDED , TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 5, 200&,
Mayor Woodward asked if there were any changes or modificatio ns. There were none.
Vote results :
Ayes: Council Members Penn , Mccaslin, Moore , Woodward , Jefferson,
Wilson, Oakley
Nays: None
Motion carried .
• 6 . Recognition of Scheduled Public Comment
Englewood City Coun ,ii
May 19 , 2008
Page 2
(a) Bryce Penn said first of all I want to say thank you for selecting me to go on the Wash ington , • u .C. trip . I had a great time . I also had the distinct ad vantage to be able to meet all of our Council memb ers
and I truly like every single one of you . Thanks . Okay , Wash ington , O.C., a trip to reme mber . To start off, each
day I made a sl ide sho w, which bas ically involved pictures of what I did that day and then in the slides
proceed ing , I talked about what are in the pictures so there are some of my pictures . Day One : we landed in
Washington, O.C. We checked into the hotel on the Shoreham . Once we got se tied, we went to check in at our
NLC conference and we received our rib bons and name tags . Day One : Joe was very happy to have his first
year delegate ribbon . Following that , we were to go see 10,000 BC . Some of the highlights were the crazy huge
escalator and if you have been to Washington , D.C., everyone knows what I am talking about... old histo rical
build ings and the significance of rib bons . Day Two was very busy . We first went to the Holocaust Museum .
Following the Holocaust Museum , we attended the National Archives . The last stop we made was to the Ford
Theatre and Peterson House . The highlights inclu ded the Declaration of Independence and the Bill of Rights .
The Holocaust Museum was very moving . It really left an im pact on everyone that went though it. I cannot
ex pla in in words how it felt to see and view the struggle of the Jewish race that was exposed . Unfortunately , the
museum did not allow photos to be taken . On a t ,tter note , the Nat ional Archives was amazing . The history
and significant documents inside the museum were so beyond bel ie f. To the left is the Declarat ion of
Independence . That was a fake copy because the original was completely faded and on the right is the
Emancipation Proclamation . Here are a few political cartoons that they exposed there ... kind of funny . The
Peterson House ... the Ford Theatre was not open because it is being renovatEd, which was very disappointing .
Lincoln was amaz in g and the theatre was supposed to be eerie and interes ting . We did , however, go across the
street from the Ford and went to the house where Lincoln passed away . The family was not associated with
Lincoln but knew the Pres ide nt had been shot and tried to help . Abraham Lin:oln was shot by John Wilkes
Booth while watch ing "Our American Cousin ." He was qu ickly taken to the Peterson House where he passed
away early the next morning . The Washingto n Monument . Day Three : Today I attended the National League
of Cities Youth Cou ncil. We discussed many issues including voting age , No Ch ild Left Behind Act and gang
viole nce . After , I took two trips to the Memorials : one during the day and one later at night. Some of the •
highlights are the World War II Veteran 's Memorial , The Lincoln Memorial and th e Vietnam Memoria l. The
World War II Memorial was very intriguing and interesting . Each state was liste d around on walls as well as
different battles and quotes . We also had the pleasure of meeting and talk in g with a World War II veteran who
explained his job in the Navy and what a typical day entailed . Here are a few more pictu res . The Wor ld War II
vet that I talked to was in the Navy . He explained his day and also talked about what he would do , how he
worked on the repair sh ip and what his dut ies entailed . On the ship , his job was bas ically to go to all the big
ships that were broken . He also to ld us funny stories to all of us . I guess , on the repair ship , there was a big
rumor about a man that could repa ir anything and pretty much do anything and everyone talked about him .
Three months later , he found out that that was him . The Korean War Veteran's Memor ial. The Vietnam
Memorial was probably the hardest memorial to get through . The amount of lives lost in Vietnam were
numerous and ii was eerie to see a fam ily member listed . Abraham Lincoln ... there are a few quotes up there .
One is my favorite , "Characters like a tree and reputation like a shadow , the shadow is what we think of it and
the tree is the real thi ng ." Da y Four: The Natio na l League of Citie s Youth Conference started at lu nch and we
discussed numerous commun ity issues . I was very adamant when descr ibing the situat ions in my commun ity.
Many schools across the nation shared similar prob lems . The group came to the conclusion that nationwide the
biggest problems in our schools were drug and alcohol abuse , excessive testing and not enough strong ,
inspiring teachers . Later on that day , we made a tr ip to the Arling ton Cemetery . The Arlington Cemetery is
home to 29 0,000 ve teran s and growing . The cemetery is home to many presidents including Henry Taft and
John F. Kennedy . Veterans are soldiers fr om the Civil War, World War I, World War 11 , the Korean War,
Vietnam, the war in Iraq and many other US conflicts . Some people that were buried the re are Jo e Lou is,
Robert Kennedy , General Robert Lee and many more . Arl ington Cemetery . Not many people know th is but
there is a ceremony called the "Chang ing of the Guard ". Th e guards are protecting the un known so ldier . The
guard is changed every hour on the hour , no later. The process is very precise and solemn . Here are some
famous tombstones . To the top left Is the Challenger crash , at the bottom is JF K and also Joe Louis and at the
top is the United States Third Infantry Force . Day Five : Th e National Capitol was astonishing . Our tour guide
was a staff member of Diane De Gettc's, our Colorado House Representative and Democ rat ic Whip . He mad e
the tour so mu ch fun and was fu r of side stories . The architect ure and art work throughou t the capi tal was •
beautiful. We also were able to go watch a Congress meeting in session . The National Capita l. Some of th e
statues at the Capital include : Dwight Eisenhower, Abraham Lincoln , Thomas Jefferson , George Wash ington ,
Jefferson Davis and General Lee . Last Day : Our final da y began with an early meet ing breakfast with members
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Englewood City Council
May 19, 2008
!-'age 3
of the lC Conferen ce and Senator Allard and Senator Sala zar. Later that day we met at Se nator Salazar and
Congresswoman Diane DeGette 's office and we were able to dis cuss problems and Is sues In Englewood .
During the meeting , my srandmother and auntie visited the White House and the lwo Jima Monument. We
landed in Denver arow•d 7:30 P.M. Finally , I got to see my Mammie . The re was laughter. lwo Jima , and here
is the White House . ae ,j here are some of my Englewo~d City Council . I tried to get everybody but ...
Conclusion : The trip 1•,as one of the most inspiring and educational experil:nces that I have ever encountered .
The history was phenomenal and I loved each and every part of the district. I enjoyed the conference piece as
well . I learned the makeup of our nation and also met with many interest ing people . Everylhing that we went
over . I shared with the Student Government. We oiscussed the r.urront Issues around the Un ited States and
had some great discussions . He said and that's it. Thank you again . There was applause .
Mayor Woodward sa id thank you Bryce . Did you want to mention anything about some of the workshops that
you attended and some of the discuss io ns that went on with those youth groups? Bryce sa id sure , if you would
like me to . Mayor Woodward added and what the current generation is known as .
Bryce Penn said okay . So we started out and broke into about six groups which entai!ed about five people In
each group. In my group , we discussed mostly ... a lot of the people that were in my group were from Ohio and
more of the east coast...and their major problems were more of racism still , gang violen ce. also drug and
alcohol abuse . Actually , I think there were a lot more east coast schools so the majority was like that of all the
groups, but I tried to discuss more on the terms of... because our school is not gang violent at all , we don 't have
racism problems . I think more of the issue at our school was just exces sive testing , bringing in different
teachers and underpaying teachers . Dasically that was the big issue that we discussed . Also there was a group
from Cambridge and what they wanted to do was lower the voting age , across the nation , to 17 . That was a
pretty big discussion . They had actually passed their legislation through the City but it can 't work through the
City , they have to go through the State . And , they are really trying to figure out how they can get it and they
asked for help and how they can get it statewide and then , obviously , nationwide . They had a great
pre sen tation . That was pretty awesome . He said are there any questions? I can answer questions if anybody
has any questions .
Mayor Woodward said no , I th ink that is it. Thank you. Bryce . He sa id Bryce is a senior at Englewood High
School , graduating here in a cou ple of weeks , an honor student and an All Stale and an All Star athlete so
congratulations Bryce .
7. Recognition of Unscheduled Public Comment
(a) Laura Bartnick , an Englewood resident . said I'm here ton ight to speak with my district
representative . ,f oe Jefferson , because there are two kinds of courts . There is the legal court , and there is th e
court of public op inion . Slander is a devastating weapon . and so I'm simply here to remind you al the truth .
II is not the boarding house definition , which requires a fix . '3oard ing houses have been around since common
law . and the defin ition from Webster's and Black's dict ionaries from the year the code was adopted, possibly
1958 here in Englewood , is probably the definition which should rule . Failing that , Colorado de fi ned a private
boarding house , in May of 2006 , which is modern rule , enough to hold for Colorado . Two weeks ago , you
recogn ized that the City owed the Citizens and apology because the City 's ca se in the mun icipa l court had to be
dismissed for numerous reasons . Apparently, that fa ct has escaped some sitting on Staff and Council . The fact
that I am a law-ab id ing citizen is not simply a loophole , a te rm used both by Council and also reflected in the
ne ighbor's language , but ne ither Randy Penn or Bob Mcca sli n seemed to understand what ii meant to have
been wrongly advised by their City Attorney , dismissed in Court . and even the idea of a moratorium had
escaped them . By acting as cheerleaders to the mob with phrases like, "keep fighting the good fight" and ·we
support you ·, they displayed their ignorance . Wh ile mos t of us graduated from high school , learned how to be
good sports , stopped passing notes to one another, went on to better , deeper loyallles and ab ilities to look
beyond discrimination, those two seem bound up in juvenile act ivities . There is a court of publ ic opinion still
raging . I want to know why the Cit y is still focused on me , still stirring up aggression aga inst me , and st ill
refusing to do not the right th ing. I want to personally thank you . Joe , for several things . One was that you
openly affirnned that our status as group home was grandfathered in. That offering was full of courage and
integrity , and I thank you . Secondly , after listening lo the minutes of that meeting , I was so impres sed that you
mentio ned everyone by name who spoke . II dignified each one , although th ey were on opposite sides of the
Englewood City Council
May 19, 2008
Page 4 • issue , and reminded lhem of their mutual human ity . I thought that th is one act separated you from everyone
else silting on Council this term . If I had been recogn ized with human decen cy when I wrote my first or second
letter to Gary Sears, plead ing for help and direction , th is whole year's work of staff and council and tax dollars
would not have been wasted . If Council would have addressed lhe lr lelter to me and told me the truth instead ol
sendin g me a letter with a lie that all the pos itions on lhe Planning and Zon ing Commiss ion were filled , I would
have understood their awkward position and would have forg iven them . But th is City has demonstrated to me
that I am nothing to them . Gary Sears has failed lo find lhe mo sl effic ien t way to settle a City problem as is one
of his tenants in his Professional Code of Eth ics . If you read his Joo descrlpllon In ARTICLE A. 1-6A-1 : City
Manager Duties , you will find that he has failed them in anyth ing relaling to the Pearl Streel episode . You may
th ink , "well , but he 's done many other good th ings" but to me , when someone sacrifices even one person 's
safety and well-be ing for his own personal agenda , he betrays his office , his slature and his Int egrity . Th is is not
the first time he has simply ignored me . I have an e-ma il from March of 2006 req ue sting that our streel be re-
graded because our car doors kept falling in us every time we got out and they were hurt ing my husband 's knee
wh ich was recenlty replaced that month . He ignored that e-ma il request as well . Perhaps he feels thal
commun icating with a common citizen is beneath him . You , on the olhe r hand , though we have disagreed , have
shown me respect, as you have shown the others in your dis lrict respect , and I th ink that qualifies you for a long
political career. That is much more than I can say for Mayor Woodward or Jill Wilson They each personally
know one of the residents living In our home . Mayor Woodward relied on th is mild -ma nnered , polillcally
intelligent man to the extent that the Mayor named him as his campaign cha ir and relied on his stra tegy and
work to get him his first seat on Council only a couple of yea rs ago . Yet . the Mayor Iurned his back on his friend
over these latest months , lying to him and consp iring aga inst him. Why? Because he lives with us in a nice
new four-bedroom home , in a single family zone . Wow. That's a crime worth otahblng your friend In the back
for. And Jill , the only polilical accolade she has to her name , in Englewood , is the Englewoo d Unleashed Dog
Organization. a non-profit organ izallon of which th is same mild-mannered man . who lives wit h us , happened to
be the Pres ident. As the head of th is little group , he was able to lum lhe minds ol Council , one by one . In a
difficul t debate , to allow a dog friendly park in the City . Jill WIison climbed on his back lo gel to her seat , and yet •
she eggs on the mass mentality to ~taal his home from him . Th is Is not only pollli r.al , bul personal . Bolh
listened to lhe slander of Greg Alie,, Pickett. Christine Carmen . Miguel Drake , and others citing him as a
"transient", as an "i nvade r", as someone who has no vested Interest in the commun ity and who refuses to speak
with them , and who causes Insurmountable traffic and parking Iss ues on the block It musl be him they were
compla ining about because our stude nts . who walk to lhe bus . do not own cars In America . Mayor Woodward
and Jill Wilson listened as they accused us all of living in a four-bedroom house with 10 people . Yet . even then ,
they refused to speak the truth or to defend them in Counc il's Choice es someone they could personally
end orse . The ir conduct is reprehensible , and the people of th is City will discover just how far they stoop ,
allowing a friend to be led to slaughter so that they can appear objective . Sorry , elhical objectiv ity doe s nol work
thal way . If a frie nd and colleague Isn 't safe within the laws of this Cily and from ·.:,I s Englewood Council , who
is? Jo ,. whe n lhis City failed to read it 's laws . even when I wrole to each Council member personally , whijn
they all fai led to acknowledge my humanity and chose to discrimin ate against me an d the Korean studenl and
artist who liv ed with us , they disqualified them selves in my eyes . and In the eyes of many In Englewood and
ouls ide lo serve lh is City. Ins tead , this City lead a conspiracy ol harassment slart lng with the false counsel ol
Attorney Dan Brotzman , wh ,c h each of the staff and Counc il relied upon for a Muni ci pal Court Summons and
Complaint , wh ich was eventually dismissed for lack of legal grounds , all lh e way to Lan ce Smith inval idat ing our
perm its and stealing my permit mone y because of "City error· to quote his letler, to cheeri ng on a Pearl Stree t
mob menla li ty to take our pr Jperty apart from the laws of the State of Colorado and lhe Clly 's own ord inances ...
Ma yor Woodward said Ms . Bartni ck , ca n 1•ou please wrap up? You are over your limb Ms . Bartn ick
con ti nued ... and even the Federal Constilulion and our Bill of Citize ns Rights . As far as I can see . they ha ve
each shunned their oaths for a moment of power . And don 'I you know, "whom the gods would destroy , lhey first
make drunk with power". Yes , lhis Cily owes us all an apology , not just the neighbo rs , and we are due one thal
begs mu ch more than words . I for instance would like all of my perm it money relumed as soon as possible for
all the damage this Staff and Council have done to me . The defin ition of "household " was exped ient law . but It
was based againsl all the wis dom of surrounding communities , and even that primitive objective was finally •
dropped at the hearing . Further , it was enacte~ aga inst the warn in gs of legal counsel to not dlscrimlnale or be
un reasonetble , and aga inst the Citizen Commission's recomm endation , a quas i-leg al board . Renters ca n be jus t
as law ab idin g as home-owners ..
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Englewood City Council
May 19, 2008
Page 5
Counc il Membe r Moore interjected with Ms . Bartn ick , you have had five minutes to berate Coun cil and you've
ta ken nine . Ms . Bartnick continued ... and if the pol ice and code enforcement do the ir jobs ..
Coun ci l Member Moore said Ma yor we need to end th is . Mayor Woodward said could we please have .. Ms
Bartnick continued ... and Council uses the ir im aginat io n, ne ighbors can do right by each othe r whether they rent
or whether own property .
Mayor Woodward asked Pol ice Commander Watson lo please escort her out. Ms . Bartn ick cont inued ... we all
know fami li es who let the ir own property go to ru in. Leg islating the care of property and ne ighborly respe ct
cannot be done through government interference into personal household rela ti onships . If a renter likes to
garden , the yard will be kept up . If an owner wants to st ick ii to his neighbors , he will let his kids and dogs and
cars and weeds run wild . That law was improperly , though exped iently , legislated on bad facts like dots wh ich
still cannot be connected ..
Po lic e Commander Watson, standing at her side , said ... Ms . Bartnick , you are over your time . Would you like to
sit down or you 're welcome to stay at the meeting , but you need to either wrap th is up or you need to go .
Council Member Moore said she 's done . Ms . Bartn ick repl ied I'll be done . Council Member Moore said no , it's
done . Ms . Bartnick sa id I sa id okay , I'll be done . Council Member Moore said I'll be done suggests more time is
coming . Ms . Bartnick said tl ,ere will be more time coming . Police Commander Watson said you 're more than
welcome to stay but...
Council Member Moore sa id I am going to go a little out of order here . For those in the aud ience who would like
to understand the Issue a little better , please feel free to read the minutes from the last Council meeting so you
can get a fuller picture of the citizens ' view of this whole issue . Thank you .
(b) Kris Beisel, a Littleton resident , said thanks for letting us speak today . All of my children are in
Englewood Public Schools , however , I am from Littleton . My co-manager , Jenny Ricklefs , is from Englewood
and LuAnn is also from Littleton but her son also goes to an Englewood School. B:yce Penn brought up the fact
ea Mie r that our schools are hav ing some troubles and I want to tell you that I th ink Englewood has taken some
major steps to ward making a huge difference in that area . Englewood Leadership Academy is an innovative
way to do middle school. The kids have high test scores and this team , the group of students from that school ,
are on a program called Destination Imagination , which is another innovative way to get kids more involved in
school, more in touch with creativ ity and team bu il ding and engineering skills and art work and really gives them
an experience that is transferable to real life . I want to talk just a little bit about th is team and some of the
advers ity that they have overcom And then , LuAnn is go ing to giv e a little brief of the ir accomplishments and
then one of our team members , Cl; di a, is go ing to talk to you about what they did . Th is team is a relatively
diverse team . We have an engine r team mother . I work in non-profit and organizational development and
Jenny does pastoral care , so we kind of have a variety of managers . And then we have kids . We have two with
some significant learning disabilities , several that are very good with math , several that are very good at writing ,
severa l who are very good at reading and scientific research , and they had to co me together to be a team . But
one of the th ings that they had to do this year is, four days after they won the reg ional tournament , my son , on e
of the team who is not here today , was diagn osed with leukem ia. Th is team had to rally around him to ma ke
ad justmen ts . Tyler built him a hat so that he wouldn't have to be bald on stage and ii fits right with his costume .
He made it by hand . They added wheels to our ste in wh ic h you can see the pictures of down there so tha t he
wou ld be abl e to move ii acros s the stage eve n though he was weak and tired . This team rea lly has worked
very well together an d they have been successful . In the midst of all that divers ity , they we nt on to th e State
competition and pla ce d first and they are now able to go to Global Fina ls . Th is 1s only the second time a team
from Englewood has gone on to Global Finals .
Lu Ann Yeaman said I would note that between Kr is and I, we have probably coached 18 tea ms and out of
those , we ha ve only come up wi th two that ha ve made ii to Global Fina ls . Th is is one of those . I just wanted to
read for you rea lly qu ickly wha t th e appraisers had to say at the Reg ion al Tournament. "Th is team has the
whole pa ckage . They showed th ey really understand th e core principles of Destination Imag ination as they
create d totally un ique sol utio n. The ir teamwork was se aml ess as they worked together to bring the German
hauf plant to hie . The ir artist ic ability shown in their incredibly detailed beer stein ... 7 foot tall by th e way ... and
Englewood City Council
May 19, 2008
Page 6
their techn ica l skills were evident in !heir hand-bu ilt electronic plant II detector. Whether it was the ir hill sides of
haufs or the ir shadow puppe t Hindenburg disaster, this is lhe learn a!I the appraisers will long remember ."
Jenny RickUs said I had a problem this year. as we had to choose a myth that we could prove as plaus ible or
as not. We chose lo find out if plants really have feelings and we did so by building our own lie deleclor machine
because it changes ... the skin would change on the plant and would sp ike a meter. We also had to build a slory
around our experiment that took place oul of the nation . We chose 10 do it in Germany and we had lo use a
historical replica and we chose lo do a beer slein . We had to build a story around thal and tie in the resulls of
our experiment was in there .
Kris Be isel said this Englewood City Council supported us lasl year, which we thank very much , and we are
here today to ask for support again . We need to raise about $8 ,000.00 and we are getting closer . We are about
$500 .00 away so any amount will help . But , we are really proud of this initiative , bolh Englewood Leadership
Academy , wh ich is showi ng us how to do middle school right and Destina ti on Im ag inat ion , wh ic h is showing our
kids how to function as a group when they grow up . So, thank you ve ry much for the lime . She asked if there
were any questions .
Council Member Jefferson said have a great trip .
Ms . Beisel said thank you . We leave tomorrow at 6 :00 a.m.
{Clerk 's note : The other students stand ing at the pod ium were Claud ia Ricklefs , Randy Kloewer, Ka il yn
Wieszcholek , and Tyler Yeaman . Dustin Be is el is a participant but was unable to attend .)
Mayor Woodward said thank you . As you know, we typically do not addres s speak ers until the end of the
meeting und er Council Members' Cho ice . Than k you for your p,·.:sentation .
Ms . Bei sel said thank you very mu ch.
Several Council members wished lhem good luck .
(c) Council Member Mccaslin sa id while Linda is com ing up , I would lik e to say that Linda is an
Englewood resi dent and she is also a professor and director at DU wilh the Pioneer Leadership Program and
she is also on lhe Keep Englewood Beautiful Commission . I went to a presentati on the olher night wilh these
students and they did a great job. So Linda , I wo uld like lo introduce you .
Linda Dison sa id it is a pleasure to be here as a citizen of Englewood and one of lhe Commission members bul
I wanl to lei the students speak lo you ton ight. They were involved in Kee p Englewood Beautiful for the last 6 or
7 months and were involved in several lnilialives to get us kick started in some new areas . Whil e Troy Magney,
Jenny Nelson and Darcy Struckhoff , all three of lhem are sophomores at the Un iversity of Den ve r in the
Leadership Stud ies minor that I oversee , so I will lei them take it away .
Troy Magney sa id than k you for hav ing us . We are part of the Pio neer Leaders hip progra m at the Un ive rsity of
Denver . Linda Olson is our Director and she hooked us up with Keep Englewood Beautiful for a project thal we
all underta ke our seco nd ye ar called the Commun ity Change Initia tive . And , at the Un ive rsity our mollo is , a
priv ate un iversity dedicated to Iha public good . A lot of the groups al DU will get involved in initiativ es down
town in Denve r bul not so mu ch in lhe suburb s directly soulh of Denver , Englewood . So , we thought it wo uld be
a great opportun ity to get invo lv ed in Englewood in lh is Initiative . We have about 12 to 15 groups of
sophomores In the Pioneer Le adership Program working on lhese community change initi atives throughout
Den ver and the surround ing subu rbs . We are the only group working in Englewood and we had a greal
experience . I think Jenny or Darcy will explain what we did.
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Darcy Struckhoff sa id so th is year all lhree of us were reall y interested in address ing env ironmental issues . •
Thal was so met hi ng we want ed to do but we didn 'I jusl want to work with a non-profit . We wanted to work with
a governmental ent ity. So , Dr. Olson lold us aboul th is opportunity to work with Keep Englewood Beaut iful. So ,
we started com ing to meet ings , and just kind of ke pt altending meetings and we did a bun ch of re search , I
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Englowood City Council
May 19, 2008
Page 7
guess, in terms of community sustalnab1 llty. maybe th ings that Englewood could do and kind of got under the
w ings of the Educati on Sub-committee and the Keep Englewood Beautiful Commiss ion . Through the sub-
committee and then some of our own wor k , we were able to do an Earth Day teaching at Bishop Elementary
School here in Englewood. That was a rea ll y neat activity. We got to go Into all of the classrooms with DU
students on Earth Day. We went In there for about an hour in every classroom and just had different lessons
kind of appropri ate for the age level of the kids. So that was a really neat way to incorporate the environment
and incorporate it with youth to do something that we could see the results of. Maybe , hopeful ly you know, the
kids can bring it home to their fam ili es and learn more about what is going on.
Jenny Nelson said so It was definitely one of the most rewarding parts of th is, was to just work with so many
different groups. And I th ink the most .. npactful for us is to see the collaboration that could occur between the
City and the schools. One of the big components of our project Is to focus this on the sustainability on the
project itself and to not just leave it after th is year but to continue it, and to k ind of progress it, to make it bigger,
to see what we can do to further incorporate It into environmental education into the schools and the
curriculums. And so, what we just wanted to then tell to you is, we would really li ke to see that collaboration
continue . The Pioneer Leadership Program does these projects every year so hopefully there will be continued
relationships between th•• students and between the City , becauoe It was such a reward ing process for us to
see the kids get really e·,clted about environmental education . And it's cool to incorporate it in an interactive
and fun way, but it Is a:so so Important to our commun ities to be focused on this and tt• really be considerate of
the environment and be educating youth on what is going on with that.
Linda Olson said great thanks to the Commission and those of you that have suppo•1ed the Commission with
this. The students learned a to n in watching the City process these through a Commiss ion . That Is a very rare
opportunity for students to find the time to be able to be In something like that. So, ii is a great learning
experi ence for them . Also there, as she mentioned, the experience in the public schools was tremendous and
the principal is extremely helpful at Bishop. And we hope that the curriculum that they develop for that can be
passed along and be used in the future along with several other Initiatives that they are involved in. Thank you
very much.
Mayor Wood·;vard said thank you and thank all of you for your participation with Keeping Englewood Beautiful.
8 . Communications, Procfamatlona and Appointments
(a )
considered.
A letter from Diana Helstrom announcing her res ignation from the Urban Renewal Authority was
COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO ACCEPT
THE RESIGNATION OF DIANA HELSTROM FROM THE URBAN RENEWAL AUTHORITY.
Motion carried .
Ayes: Council Members Penn, McCaslln , Moore , Woodward , Jefferson,
Wilson , Oakley
Nays: None
(b ) An E-mail from Laurel Dygows kl announci ng h· resignation from Keep Eng lewood Beautiful
was considered.
COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO ACCEPT THE
RESIGNATION OF LAUREL DYGOWSKI FROM KEEP ENGLEWOOD BEAUTIFUL.
Ayes: Council Members Penn , Mccasli n, Moore, Woodward , Jefferson,
Wilson , Oakley
Nays: Non e
Mot io n carried .
• 9. Consent Agenda
(a) App rova l of Ord inances on First Rea ding
Engle wood City Cou ncil
May 19, 2008
Page 8
There were no items subm itted for approval on first reading .
(b ) Approval of Ordinances on Second Reading
There were no ite1,s submitted for approvc,1 on second read ing .
(c ) Resolutio ns and Motions
COUNCIL MEMBER MOORE MOVED , AND COUNCIL MEMBER OAKL EY SECONDED , TO APPROVE
CONSENT AG ENDA ITEM 9 (c) (I ).
S78 ,246 .00 .
Vote results :
Motion carried .
(i ) Th e purchase cl a 37 -foot bucket truck from Allee Industr ies in the amount of
Ayes : Counc il Members Penn. Mccaslin , Moore , Woodward , Jefferson ,
Wilson , Oakley
Nays : None
10 . Public Hea ring Ite ms
(a) Mayor Woodward said this is a Public Hearing to gather public testimo ny on Council Bill No . 23,
authorizi ng the Denver Seminary Planned Unit Development Amendment No . 2.
COUNCIL MEMBER MOORE MOVED , AND COUNCIL ME MBER WILSON SECONDED , TO OP EN THE
PUB LIC HEARING TO GATHER PUBLIC TESTIMONY ON COUNC IL BILL NO. 23, AUTHOR IZING THE
DENVER SEMI NARY PLANNED UNI T DEVELOPMENT AMENDMENT NO . 2.
Ayes : Council Membe rs Pen n, Mccaslin , Moore , Woodward , Jeffe rson ,
Wilson , Oakley
Nays : None
Melian carried and the public hearing opened .
All witnesses were duly sworn .
•
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Senior Planne r La ngon said for yo ur consideration this evening is Cou ncil Bill No . 23 , a bill lor an Ordina nce
authorizing the Denver Seminary Planned Un it Developmenl Amendment No . 2. The request by applicant,
Conl inuum Cherry Hills Land Comoany , LLC , to amend the Denver Seminary PUD that was first approved by
Ordinance No . 52 , Series of 2004 and amended by Ordinance No . 9, Series of 2007 . I have already submitted
lor the record Proof of Publication cl this Public Hearing . It appeared in the Englewood Herald on April 25, 2008
and also the Certificate of Posting ... lhat 4 signs were posted on the property since May 3, 2008 announcing th is
Publ ic Hearing . Also , I would lik e to submit for the record the Coun ci l Communication and its attachments .
Commun ity Development recommends the approval of Amendment No . 2 as recommended by the Planning and
Zoning Commission with condit ions that were outlined In your Counc il Communi cat ion . And those condition s
are : 1 All approved cond itions and requirements established under the Denver Sem inary PUD and Denver
Seminary PUD -Amendment 1 shall apply unless amended by Amendment 2. 2. Amendment 2 acknowledges
the need lor flexible deve lopment options by establishing three development envelopes . Technical site plan
review cl development with in said envelopes shall be by the Development Rev iew Team for compliance with
PUD and City development standar~s . 3 Envelope 2 shall be limited to uses permitted in the "household living ·
category of the PUD 's Table of Allowed Uses . 4. Hotel Use shall be limited as follows : a. Hotel use shall be
located only in Envelope 1. b. Hotel use shall not be a separate . stand-alone use : c. The maximum number cl
hotel rooms shall be 150 d. II hotel us e is approved , the following statement from the or iginal PUD shall be •
amended to read as : the number of res ident ial unit s does not includ e proposed gu est a-::co mmodations for
gu es ts of res idents of lh e project. Such spa ces sh all not exc eed 900 square fee t and no more than two such
spaces pe r re sid ential cond ominium tower shall be pro vide d. M Th e Hearing ton ight is to co nsid er publi c
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Englewood City Council
May 19 , 2008
Page 9
testimony on the proposed Amenoments . I will go over a ccuple of qu ick th in gs and then I am going to give just
an overv iew of the PUD Amendmt·,1t 2 and then Director Wnite from Community Development will speak and
then the Applicant represented fi rst by Kevin Fo ltz will address the Council. Ms . Langon said the original PUD
rezoned the site to permit the proposed development of commercial use and residential use . Amendment 1 was
appro ve d in 2007 and that adjusted some reta il space and square footages and some parking ratios ... that is
kind of the simplest way to address that . All of the elements of the PUD rema in in effect un less they are
modified tonight by Amendment 2 and the request is to amend just specific are as of the PUD ... not the entire
PUD ... just part icul ar areas . Iss ues considered ton ight address only those proposed amendments and not the
zoning itself but just elements of the PUD . Prev ious arrangements with outs ide groups are civil matters an d are
not part of th is Amendment 2 and requirements of other agencies or jurisdictions are not part of this Amendment
2. Since the Plann ing and Zoning Commission meet in g, the applicant has ad dressed two issues that were
identifie d dur ing that meeting . First was th e dormer Issue with dormers to the west and that was an issue that
was neg otiated and resolved with the western ne igh bors in Kent Village . The second issue is an adjustment in
the number of hote l rooms equaling the number of resident ial units ... 1 hotel room equals 1 residential unit.
Those two adjustments since the Plann ing Comm iss ion are reflecl•1u in the plans that you have before you . She
sa id to overview Amendment 2, as I said, the general character of the development remains the same . It is still
a mixed-use development. It is still for -sale residential units wit h retail components. There is still the same
park ing ratios , the same access noints , the same University turn lane , as proposed , and traffic patterns are
bas ic ally the same and I am s,•re !he Appl icant will address that. Amendment 2 proposes an addition , first to
the table of allowed uses . First, for single and two-unit residential use and Hotel Use . Next is an increase in the
retail and commercial space to 75,000 square fee t...that is from 51,500 square feet in Amendment 1 and they
are also proposing to decrease the number of resid-.ntial un its from 350 to 300. Probably the higgest proposal
within the PUD Amendment is changing from building footprints to creating three envelopes in which allowed
uses are allowed to occur provided that all development aspects ... that would include the height , setback , bulk
plane and floor are a re quirements ... that are already preset within the PUD , are met. Creating an envelope does
not mea n the ent ire envelope will be filled, it only identifies where development may occur. You have to
remember that the envelope itself is larger than the building footp ri nts that were identified in the original and the
first PUD am en dment , but the envelope concept allows for greater fle xi bility wit~ build in g locat io n and
or ientation and it removes the need to return each time the re is a conslderatio,, !or relocation of a building or
adjustm ent in the orie ntation of a bu il ding . Again, that means return ing for a full PUD amendment from concept
to work ing through all phases of it. .. through staff an~ development review to Planning Comm ission Public
Hearings and then th is Pub lic Hearing before Co•rncil... takes a min imum of 5 to 6 months . The concept of the
envelope s allows for more timely reaction to market conditions . And , the envelopes work because they allow
more flexibility . Prob abl y th e easie sl way to think of an envelop e is to consider each enve lop e is almost like a
zone district in and of itself within the PUD . Just as there are zone districts within the Ci ty , eac h of the zone
districts, or the envelopes , within th• PUD identifies what can occur there , the uses that can occur there , the
he ig ht of buildings , the bu lk pla ne , and all the development standards that you would find in a standard zone
di strict with in the City . The PUD already , as I sa id, controls he ight , setback , bulk plane , use , and floor area and
those are the mecha nis ms to control development with in the PUD . She said I will stop with that. That is the
technical enci of the PUD and the process . I wi ll have Director White address some issues and then we 'll move
on to the Ap plicant. She askecl if th ere were any questions at this time . There were non e.
Director White said for the ne xt !ew moments I want to put on my eco nomic developmen t hat , if yo u will indulg e
me . Th is amen dm ent to th e Denver Seminary PUD represents ~,;o oppo rtunit ies for the City al Englewood .
Nu mber one , as Ms . Langon has stated , it Is a rede ve lopmen t of a sizeable vacan t parcel of land in Ihe
community and as such is a redevelopment opportunity , but it is also an eco nomi c development oppo1tunity .
There will be one-time revenues that will be generate d by the construction of this project , as well as ongoing
re ven ue s in the form of property taxes and sales taxes from the retail uses that will be generated by th ;s project
Also , the re will be ongoing positive economic impacts generated by this project ir years to come . So it is
importa nt from an economic developme nt sta ndp oint. In responding to eco nom ic development opportunities in
the City , It Is often times critical for a City to act qui ck ly , so that ever changing ma rket opportunities can be
reali ze d. The City should also provide so me flexibility with Its approval so that a deve lo per can take ad vantage
oi tho se market opportunities . As Ms . Langon has presented , this PUD amend ment 1,rovides a fram ewo rk
within wh ic h the developer can finaliz, • plans for th e redeve lopmen t of the property . Tr ,is framewo rk es tabli shes
stand ard s for uses , setbacks , heights , building envelopes , bul k plan es , par ki ng , lan dscaping and architectural
character . Bui while thi s framework sets the overall standards for the development of th a parcel , it also prov ides
Englew ood City Council
May 19 , 2008
Page 10
options lo the develope r in crea ting the fina l pl an for deve lopment of th e site. Options su ch as ... hous ing typ es
to be provid ed , bu ild ing pl ace ment, what commercial uses ca n and will be in cl uded in the project , options for
interna l circ ulat io n and where pa rki ng ma y be located . Ha vi ng the se op tio ns available to the deve loper is cru cial
in respond ing to market cond itions and bu ild ing a successfu l proje ct and th at is, after all , what we want to see
here. The se opti ons als o all ow the City to respo nd qui ckl y in revealing developm ent plans . So , in con clusion ,
the City sta ff supports th is second amendment as an econ omic development project , because no t onl y does it
meet many of th e goals of the Comprehens ive Plan , bu t importantly it pos itio ns the de velope r and the Ci ty to
respond to market cond itions as opportun ities arise and allows the property to devel op. Thank you .
(C lerk 's no te: Mr. Fo ltz used Powe rPo i11t slides during his presentat io n.]
Kevi n Foltz so ld I am th e Develop me nt Di re cto r fo r Con ti nuum Partn ers. Than k you aga in for al lowi ng us to
pre sen t toni ght, to pre sent th is seco nd amendment. Before I get started I wou ld lik e to intrc ~uce , in add ition to
ou r dev elopm ent team , ot her members of our design team who wi ll be available to comment ?.( any tim e, in
add iti on to myself. Two arch ite cts : Jeremy Bieker and Scott Ha lpin with Tryba Arch itects ar e here , Dav id
Cente r, our civil engineer and Steve Tuttle with Fo x Higg ins is our transportation eng ineer. I thought it wa s
appropriate to ;tart ton ight , since it is our second amendment, as you heard , we have bee n through a first
•mendment when we or iginally acquired th is project , but I th ink it is important to take a slep bac k and briefly
de mibe the status of the project and the evolution since we became involved after the or,g ,n al PUD . We did
acquire th e land and purchased the land In 2005 . Since that time, concurrently , with a fi ;sl PUD amendment ,
we completely designed our first phase of development: that is 111 un its , a mix of 2 bus iness towers and
townhomes and the full , prev iously approved , 51,000 square feet of comme rcial property . We have designed
that. We have submirted it to the Bu ilding Department and some of th ose permits are actually ready and
avail able for pick up and construction . So , we are largely ready to go on port ions of the dev~lopm ent. When we
laun ched our sales , bac k in April of 2007, with a very successful launch , we immed iately faced a sw itch in the
•
resi dent ia l market in the summe r of 200 7 and leading into late last year. At that ti me, we evaluated some •
oppo rt unities for chang ing product types , based on accelerat ing deve lopment and the PUD as it stood , be ca me
an obstac le, obvi ously to mo vi ng that forward . Over the past year , we ha ve really spent that time listen ing to
buyers, listen ing to the market and analyz ing the market tc see wh at we could accelerate . And as I menti on ed ,
we were unabl e to accel erate the project under the cond itions of th e exi st ing PUD . It is important to no!e that
we have tens of millio ns of dollar s invested in th is proj ect...between our land purchase , the design plann ins site
development , demolit ion and fill process up there . It is a sign ificant investment for us and that is one of the
reasons we nee d to accelerate and we need to be able to respond to the market. Idle land ... idle
devel opm en t... is n't good for econom ic devel op ment , as Mr. Wh ite sta ted . 9 ut , it is also not good for our
developm ent as well . We really took those mark et chang es to heart and that Is really why we are in lront of you
tonight. As I sa id, the ex isting PUD really did not all ow us to mo ve fo rward. Generall y, we hav e reduced th e
overall height and dens ity of the site, si nce we began the amendments. Th is is th e or igin al site plan , as we will
demon strate in front , through th e ent ire presentation . We started with 6 towers ... the original PUD had 6
towers ... it had 65 ,000 square feet of commerci al space , retail and offic e space lo cated on three storie~ along
the corn er and then it had abou t 45 tow nhomes around the perimeter. Amendment 1, as you can se e what is
sh own here , th is was our fi rst pha se of developm ent and then Amen d, nent 1 redu ce d the square foo tage from
the 65 ,000 down to 51,500 located on one and two storie s in the corne r an d a small re sta ura nt use in th e int erio r
project. At th at time, we red uced the ove rall PUD from 6 towers to 4 towers , located 2 in th e inte rio r and th en
we did crea te, at that time, an enve lop e, very much like what we are propo si ng un der th is PUD , for futur e
deve lopm en t in the secon d ph ase . We redu ced the fou rth and fi fth towers down to town homes and ke pt very
much the same layout al ong the western edge and th e eastern edge with tow nho mes . Th e co nce ptu al sit e pla n,
currently , is not very differe nt fr om that in the int erior block , wi th the per imeter reta il exactl y as it was ori ginall y
des ign ed , as I sai d, it is cu rre ntly In the Bu ilding Departm ent for perm itt ing . We have increase d th e tota l re tail in
!he proposal from 51 ,000 to 75,00 0, located on tw o si des of the street...50,000 on thi s side and up to 25,00 0 on
th e in te rior of th e bl ock , being pa rked , obvio usly , at the ratio s th at were approved in the ea rli er PUD . Th ere are
no change s to the parki ng ratio s. What we are now showing is essent ially a two to we r scenario. This is exactl y
the sam e foo tprint and exac tly the same to wers that is curre ntl y des ign ed and has bee n reviewe d by th e
Building Dep art ment. Th is is a co nce ptual tower that we will ta lk a~out in term s of how that fit s In the envelope •
in the future pha se . As I sa id, we sp ent muc h of our time over the past year listen ing to the ma rket , bot h in a
tower re siden tia l unit and also in an at-grad e or lower to the ground resident ial un it. Rath er than th e stra ight
townhomes that we had befo re, that we re two and th ree stories with ma ny stairs and elevators In eac h individual
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Englewood City Council
May 19 , 2008
Page 11
un it. th is buyer is still looking for a Iarger unit that has some yard space and has privacy with private court yards
and ga,age access off of what you see here , which are alleys , at-grade access . So this realignment of the road ,
immed iately forced us into this PUD modifi ca tion and with us , created these envelopes . So again, what is
chang in g in th is PUD ? As you have heard , we are creating the build ing envelopes to allow the des ign
adj ust ments with distinct height and bulk plane guidelines . That road has shifted the north tower build ing
env elope to the east. We will go through those envelopes . The addition of a small hote l as a per mitted use .
The hotel and condominium combination is a concept that has gained popularity in many luxury multi-family
uses . It is a very compatible use wi th a concierge and a fitne ss amenity club . It is another tool to potentially
accelerate development. The likeli hood of us bringi ng It to th is site is relatively low at this point. It is a use tha t
we see as a highly compatible use . that we believe should be a permitted use . especially with the conditions that
have been placed through the Planning Board ... the reduction of allowable residential un its from 350 to 300 and
an increase of allowable square footage from 51 ,500 to 75,000 . It is very important to note what is not
changing : the r.ity staffs control over compl iance , the restrictions that are in place, the setbacks , the land use ,
tr,e buildi ng heig hts ... those are all very mu cl1 in pla ce and gives the planning staff and design rev iew board
team the ab ili ty to re view that and control tha l The general building setbacks from property lines ... there have
been slight modifications here and there, but I think you will fin d that the property lines . the building envelopes
st i:: respect these property lines . Off-site roa dway or traffic signalization , absolutely no changes to that portion
of the project. Traffic dema•,d ~as resulted in a trade of the res ident ia l for commercial. You can see its two
parking stalls per uni t, that is 100 vehicles. or at 4 stalls per 1000. that is 94 veh icles So , that is a projected
traffic demand and is basically an even trade . And most importantly , we have retain ed the bu ild ing qual ity and
architecture . As I mentioned , the bu ild ings that we have in des ign and through permittir,g are largely ready to
go . We need the abil ity to modify some roadways ar.~ re act to the market to allow us to get started on th e
build in gs as currently designed . The bulk planes that I'm referencing , just a qu ick comparison to the existi ng
bu lk planes you see ... tak ing the existing plan and actually blacklin ing these , these are either currently footprints
of the build ing . You can see exactly how restrictive those are ... 20 feet from the property line , another 50 feet of
•
bu ilding , and another 60 feet of right -o f-way lo a build in g footpr int. This is down to the inch . The only bulk plane
in the or igina l PUD was this en velope here . but it was sti ll set up to follow exactly a bu ildi ng footprint that was
derived from ou ' current pl ans over here , so that we had some ability to switch the orientation, but not really to
slide the buildings anywhere within that forytprint. The proposed bulk plan~s that you see here in blackline , the
envelopes are actually in heavy bla ckline, and then what you see in dashed lines , you may have p:cked up from
your re view, are the actual step-backs or the bu ilding he ight changes , as they step away from the property line .
There is a practicality to how the buildings fit into these envelopes . When we design a build in g and you see
t~ose envelopes, and you see in the PUD , these envelopes are up to 200 feet in depth . The practical nature of
designing a building does not allow you to design a res idential tower to 200 foot deplhs . There are the practical
des ign co nstra ints wherP typical res idential building depths vary between 90 to 100 feet in overall depth . Thal is
made up prim arily of smart des ign principles , saying your unit depth should not be any more than 40 fee t... plu s
or minus 40 fe et... with a corridor and another unit on the other side . The 40 feet really comes from those
des ign principles of daylighting , room dimensions, having bedrooms and livi ng spaces around the
perimeter ... and , obv iously , bathrooms and auxiliary spaces on the ins ide , Those constraints lead to a typ ica l 40
to 45 foot dimension on the inside , so there are certain ly practical de si:Jn c,,i i tra ints with des ign ing a resi dent ial
tower. This is our residential tower , currently designed . But to go even !u:t 11er, in re spo nse I" 'iome com ments
that have come ou t in both the Planning and Zon ing Comm is sion hearings and dur' ,g Co un cu s first reading of
the ordinance , we wou ld lik e to introdu ce a new condition as part of that. We weren 't able to get that to the
applic ation, but what we wo uld like to propose ... bas ically , what follows are bas ic de si gn princi ples . I will read it
out lo ud . With in any des ignated bu il ding enve lope permitting resi dentia l towers . the total floor plate of the
towers built will not exceed 50 % of the envelope area . And that is fc 1her defi ned as th e total lower floor plate .
will be calc ulated by summing the area of the typ ica l tower floor for each of the towers co nstru cted within the
envelope . I know that is a lot of words and Tricia may have more to further define what a typical floor is , but
ess entiall y that Is saying a cross-section at the mid-point of these towers will not exceed 50 % of the area of that
envelop". We believe that tha t Is a requirement that fits well with the goals of the overall site , but also looking
back al the evolution ... if you look at Amendment 1, in the n,~h tower . the allowable area was 48 ,650 square
•
feet and there weren't any restrictions on fillin g tha t area . \11,hen we get back to that , in that Li-shaped area , we
could have had a Li -shaped tower ... and we did our shadowing bas ed on that. What this co nd ition puts on ii... in
that same north area ... the tower allowable area now becomes just over 33 ,00 0 sq uare feet. So we believe that
should give Co uncil some as surance in planning , as they are review !n g site plan documents that those
envelopes are not be ing filled . Addressing some of the other comments that have come up and also be en
Englewood City Council
May 19, 2008
Page 12
discussed in previous presentations , were the bulk planes and how the bulk planes have evolved or how th ey
compa re from the original to the first amendment , to the proposed amend , nent. These are , of course , the
origin al footprints of the bu ildings . Exa ct footprints . as de scri bed before, over la id now in blue with the
Amen dm ent 1, where you see the townhomes basically aligning on the same foo tprint that was originally
designed . Reta il al igned very much in step with the or iginal . The lowers sl ightly moving lo the east , but not
much . And again. a reduction fr om these two towers down to townhomes . This is the U-shaped envelope with
the tower height that was previou sl y described and the blue down be low was the garage area to a 20 foot height
that exte nd, j just past that lo the north . Now over lay ing what we are propos ing as bulk plane and the three
envelopes , you can see that we ha ve really followed the parameter exactly where we believe the bu il ding
sett,acks were estab li shed , especially at the lower heights . Lines that step back , as you will see in 3
dimensions .. from the west, in two different zones there . You can see here , our tower envelope height in this
lhi •d envelope here , which you will see in three dimensions ... is exactly aligned with where the tower U-shape
was prev iously al igned . I know there was some question ... espec ially looking across these boards ... exactly
where those lines were derived . So , let's look at those in three dimens io ns , qu ick ly , so you have clear
understanding of how those relate to a building . These are your envelopes here , you can see they are
shaded ... the three dimens ion envelopes . One envelope being the entire length of th e west side , another ... it's
actually the entire envelope on the int erior block wit h really three different heights . One in this L-shaped
perimeter and then two interior ... wh ic h are consistent with the existing zo ning . This larger envelope , that was
the U-shaped envelope that was further to the west . has now been real igned with the road , as ii moves fu rther
to the east. Again , the L-shape and you can see how that fits ... really , it was derived directly from the existing
retail . Along the western edge , as it steps back, along the building face or the bulk plane of those units ... and ,
again , we had some dormer clarificatio n that has been resolved all along that side . The interior blo ck has been
des igned to allow for a tower . In this cont1guration ... our other previously des igned tower in the higher
envelope ... or you can see down here how the retail would sit underneath the lower. Looking at the third
envelope ... what we are showin g is a single tower in there . And , again , th is ch,ales the flex ibility to then move
within that envelope , as site planning further evolves along that side . Anoth er l:oncept that we have been
presenting in each one of these amendments and demonstrations , is shadowi n l and how shadowing affects the
neighborhoods to the ,est, to the north and to the east. One thing that has be•m consistent , especially as we
went to an envelope .. 1s we ha . .i oeen showing the entire envelope as a shadcw zone . Whot I wanted to show
quickly , was the diffe rence between a building shadow and an envelope shadow zone ... becau~e the shadow
zones can be dece iving . What the shadow zones are intended to do is show outside limits of any build ing
placed withi n that envelope ... that that dep icts the outside limits of that building shadow . So, if you take our
current plan ... an d this is th e summer solstice at noon ... and you compare th is building with its shadow to the
envelope with the shadow ... the depth is bas ica lly the same , but you see what this shadow is showing is any
building within this envelope , that is the worst case ... or the outs ide limits of the shadowing . Now if we take that
same concept at the equ ino x, which happens twic e a year ... you can see where a shadow from that building
might extend ... compared to what an envelope in those outside limits would suggest. [Clerk 's note : There was a
question from th e aud ie nce that Mr . Foltz responded to .] Mr. Foltz said what we have also done , is we have
taken each one of these and compa red It to as to what the origina l PUD , the building fo otprints , was showing
with shadowin g, what Amendment 1, with a U-shaped envelope was showing as a shadow zone and now wha t
these enve lo pes , these three different en vel opes Iha, Ne have created ... how those actually dep ict the shadow
zo nes . So I will just qu ick ly go through each one of these . The summer sols tice at noon , you can see the
comp arison and the summer solst ice at 3:00 . At the equinox at 9:00 a.m., the equinox at noon , and th e equ ino x
at 3:00 p.m. Essentially , what th is demonstrates . is by shifting this envelope line and these envelop es lo the
east , we are not gelling any further shadowing to the north . The extent of the shadowing to the west and to 10 ,
east, is a funct ion of time . In the winter , as the shadows get longer and as the sun moves from the eas t to the
wes t, the shadowing is very negligible as far as its leng th over on the eastern side or on the western side , based
on its locatio n within the site . I'll lea ve th is up here as I conclude my presentation and answer any que stio ns .
Mayor Woodward asked if Council had any questions .
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Council Member Moore sa id can you clarify .. in Envelope 1, did you say that you have reduced from two lowers
to one or is that just what is illustrated ? Mr. Foltz sa id that is what is illustrated in our current plan . Th is is one •
of the reasons why ... for market reas ons ... of not moving forward on the 11 1 un its , something that is less market
sens itive al 50 units . We have , fo r purposes of pla nn ing right no w, we have eliminate d that tower . We still have
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Englewood City Council
May 19, 2008
Pago 13
left that on the PUD as an overall unit count and as an overall envelope for potent ial deve lopment with in that
tower envelope . Our current plan does not have a second tower .
Counc il Member Moore said is it Envelope 1 B? .I'm just trying to make sure I understand th is. Enve lo pe 1 B
could have two towers put In it. ... correct? Mr. Foltz said yes . Under the current envelopes ... there could ,
potentially , be two towers in there . Mr. Moore said then with the two diffe rent he ig ht restricti ons on halves of the
envelope . Mr . Foltz said correct. The new condition proposed , appl ies to both envelopes ... in a square footage
restriction .
Mayor Woodward said in the Council Communication it mentions hotels shall be located within Envelope 1 only .
Mr. Foltz sa id yes. Mayor Woodward said that is actually ·1 B only , isn 't it? Mr. Foltz said it currently proposed
to be allowed anywhere within that envelope . With the same restrictions ... that it can 't be a stand alone hotel. .. it
leads you to believe that , yes , it has to be in Envelope 1 B, because to meet all the other conditions , it has to be
mixed in with tower units , which can only happen at that height. The goal was to keep it out of Envelope 2 or 3.
Mayor Woodward said okay . I guess I just wanted to be clear on ,s that it is out of the perimeter there , next to
Kent Village , on 1 A, where the small residences were . Mr. Foltz said I thin k it actually stops right abo ut here .
Mayor Woodward said yes and on the west side it stops at, I guess , the street. Mr. Foltz said you are right it
does . It stops right at the entrance off of Hampden . So it is 1 B ... would be hote l.
Mayor Woodward sa id Kevin, I understand these are envelopes , but how many units per floor ... is it two units
per floor? Mr . Foltz said our current tower design ... that is really all I can really speak to defin itively ... this current
design has seven units per floor. Essentially, the floorplate has four ur.its along the eastern side, and three units
along the western side . Again , that is part of the challenge In projecting a tower that hasn't yet been designed
or hasn't yet gone through a sales program ... we will learn a lot, in the sales and marketing of these towers , that
we will incorporate into the sales and devel cpment of this tower. So, if we have less one bedroom , more end
c,,its , western facing un its , more penlhous,,s as the building may step back al the top . It Is very difficult to
predict that defin itively, to lock into exact dimensions of the build ings .
Council Member Wilson said I have a question . On the north side ... on the Information we have for Envelope 2.
The current setback is 33 feet 2 inches and the proposed is 25 feet 1 O inches . Is that correct? Mr . Foltz said I
believe so . Ms . Wilson said it is on page 6 . Mr. Foltz said I am going back to the overlay so you can see
exactly how that shows . The proposed setback line is actually cons istent with the original PUD . As we were in
design of these townhome units , in Amendment 1 we did actually increase that setback , so now it is setback to
th e origin al PUD . Does that make sense? Ms . Wilson said I just have a lot of questions, I'm kind of going
through . There is also talk about the bulk plane and how that is go ing to affect for the townhomes and for the
towers and In En velope 3. You said you are not changing the setback, but you are going to change the bulk
planes? Mr. Foltz said we have shifted the bulk plane . The bulk plane , the actual tower height bulk plane that
you see here , has actually been shifted from what you see in blue . It used to be over here in blue and actually
on the plan as well , has now shifted to the east and encompasses that area .
Council Member w ;ison said who will "· prove the mino r mod ifications? Mr. Foltz said minor modifications to
the PUD? Ms . Wilson said yes . Mr . Foltz said we don 't anticipate minor modifications to the PUD . There are
some allowable minor modifications to the PUD , on the cover sheet of the PU f\ ' t these bulk plar,es allow for
review and design with the design review team ... th e planning . Ms . Wilson sa i 1 vkay ... and you can't change the
bulk planes ? Mr . Foltz said we can 't change the bu lk planes ... no . Ms . Wilso n ;._ " okay .
Council Member Wilson said have you used enve lopes before In your building , on other projects? Mr . Foltz sa id
we haven't had the need to . We haven 't had exact building footprints . [Clerk 's note: There was an exchange of
information with someone In th e audience.) Mr. Foltz said at Belmar we have . Ms . Wilson said okay .
Council Member Wilson said will this have any rentals in it? Mr . Foltz said no , the towers are designed for sale ,
the same as originally proposed .
Counci l Member Wilson said there is something in here ... about the hotel. It sa y,, we ha ve also added a small
hotel as an add itional land us e option , it is not likely that we would substitute , hotel for a portion of the housing ,
Englewood City Council
May 19, 2008
Page 14
otherw ise approved . So . lhe holel part ca n't get any bigger? Mr. Foltz said the hotel is be ing limited to 150
un its with in Envelope 1. Ms . Wilso n sa id okay .
Mayor Woodward sa id if the hotel was ever changed back· to res ident ial units ... let's say the market was su ch
that the hotel wasn 't supported and it made sense to make that change ... where would you pick up the add itiona l
parking to prov ide for that different ratio ? Mr . Foltz said I'm rot pred icting that those wou l~ be changed in the
future . And withou l develop ing the site plan with parking structures ... you know we are planning for the uses
th at are currently des ' Jned and are part of that devel opment plan . Hotel uses generally are going to have one
bedroom , so at a ratio of po int five to one , we are going to have some off.set in , basically , over des ign ing the
park ing for the residential . Bot if that happens ten years from now, when the HOA boards and the hotel
ownership owns those condom iniums , that is something they are going to have to come and present at the time
of...you know ifthere was any con doza tion of that space , at that time . Mayor Woodward sa id ... on that , at that
ti me ... if you did the hotel? Mr . Foltz said yes .
Council Member Penn said are there plans for only one unit in Envelope 3? Mr. Foltz ·;aid one tower? Mr. Penn
said one tower . Mr. Foltz said our c•Jrrent plan Is what we are show ing on this plan . T nis is what we are
proceeding wilh . If the market changes and there needs to be a smaller tower to he:~ drive more amenity on the
project , that is a possibility in that envelope . We feel that that envelop is large enough to take two small towers .
Much like we had originally designed in this envelope . where we had a larger footpr int and then we had a
narrow tower lhat had four un its . At this time in the market, that narrow tower , wasn 't a viable tower for us . In
the future , it potentially could be and it could work into the site plann ing . Bu t again , we are comfortable
restricting that area to only half or 50 % of the overall envelope area to give assurance that that entire area ... as
imp ractical as that is ... but that is just assurance to everybody that that entire area will not be built up .
Council Member Penn sa id I know you have that envelope for a reason , but how likely are you to move to the
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north part of that ... where it is covering the red up there? Mr. Foltz said again , that Is why we ste pped back this •
b,•lk plane line . So, we can 't move it into the red area that was shown ... where the townhomes originally were .
Th is is in keeping with what is currently approved in Amendment 1, as the northern most line for the towers .
Council Member Penn said the number of townhomes or condomin iums that you are building now, compared to
Plan A ... what is the difference? Mr. Foltz said this plan shows approxi mate :y 17 5 units ... with in the towers and
within what we are calling our villas , over on the other side .
Counci l Member Penn sa id what is up in the northeast corner , in Enve lope 3? Mr. Foltz said this right now , as
conceptually designed , that is a park . And on the other side would be our outdoor amenities . So , we certainly
have the open space requirement s that are in the ex isting PUD that carry forward into the modification , that
have to be adhered to . So , we kr.ow we have open space requirements defined on the site .
Council Member Penn sa id do you have a timel ine somewhat ~stabl is hed , to start bu ilding En v~lope 3 up ? Mr .
Foltz said we do not. That would be market-dr ive n ... stri ctly dependent upon the developmer .,e li ne of
fi nis hing out the first phase .
Ma yo r Woodward sa id I th ink I heard , when you initially asked the qu es tio n on un its ... ! th ink I oe ard 175 units?
Mr . Foltz sa id again , in our current conceptual plan , that is what these two towers and res idenlia l units require .
Mayor Woodward said okay . Mr. Foltz said we ne ed to have the ability , as the markets change ... lf lhat narrow
tower needed to be bu il t ba ck here , wit hin that envelope , we do need that flexibility to be able to incorporate that
into the design .
Mayor Woodward said if that were to happen , then the bu il ding as it's shown there , would probably scoot over
the east? Or, Mr . Foltz said , it would reorient by north •south , rather than east·wesl. We certa inly would respect
any drive lanes , turns and engineering that has been previously approved . But the site plan would potentially
change , within th is area , by sh itti ng that tow er slightly , ever so sligh tly , if poss ible , to the west or east
Council Member Pen n said do you have Jny plans for Envelope 3, prior to build ing? Are y u going to put a
grass area In !here or are there an y plans for what you are going to put in there? Mr. Foltz said we have not
determ ined what our development time li ne and tem porary use of that area is .
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Englewood City Council
May 19, 2008
Page 15
Council Member Moore said what percentage of the envelope is that conceptual bu ild ing ? Mr. Foltz sa id are
you tal ki ng about this building? Mr. Moore sa id yes . Mr . Foltz sa id this is about 20,000 square feet of a 66 ,000
square foot envelope , so it is approxima tely a th ird ,
Counc il Mem~1=r Moore sa id even with your proposed am end ment , proposed restr ict ion , it is conceivable ... the
worst case scenario would then be that you nevelop to 50% and you do it all on th e northern line . You put in a
second building and concentrate it all on the northern line , wh ich would in effect , give us the worst case
shadowing scenario . Is that a correct observation? Mr . Foltz said it is . There is a practical nature of designing
that building and views and what the massing of that building would be at the price po ints that we are targeting .
But , the proposed language does not restrict it, as far as where that happens with in that envelope .
Council Member Wilson said it says here is there a threshold for pre-sales needed to start the retail
construction? And you said no , multiple things determine timeframes . Well , Mr. Foltz said , pre-sales be ing one
of them . In residential sales , pre-sales is always a threshold . Market conditions , absorption , credit
capacity ... really there is an endless list of market drivers , that drive large scale , residential development.
Council Member Wilson sa id what is the pre-sales amount? Mr. Foltz sa id right now , typ ically , around 50 % or
higher. So , that is why , obviously , less in a first phase is more advantageous . Ms . Wilson said thank you .
Mayor Woodward asked if there were any other questions . There were none . Mr . Foltz said thank you .
Mayor Woodward said thank you .
Melanie Brooks -Nelson , an Englewood resident , said I am here about the shadow issues with the towers .
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want to re iterate the things I have said before . I have spoken here twice . I've also addressed the Plann ing
Commission . You are aware of my anguish about this . And it has only been increased . So the only thing left ,
seems to be to address you , the Council members , perso naiiy. There is a reason you campaigned under no
politica l banner when you ran tor office . Political philosophical labels are not really salient to local politics . What
is salient to local politics is the commitment you pledged to your neighbors and your community . When you
asked for our votes and took on the mantel of leadership, you accepted a sacred trust. I have to say , from all
appearances , you seem to be betraying that trust. It at least appears , that you have shown callous disregard for
a matter of very grave consequence to many of us on Floyd Place and Floyd Avenue . It appears that you have
cyn ically detached yourselves from the concerns of our neighborhood . It appears that you have set yourselves
a course of approval of all the developer wants and will not deviate from that course . Even on such a critically
disturb ing issue as this . Even though you must know that this property will not suddenly lose its value , nor will
the pot ent ial for its profitability drop , If you just simply ins ist on a proviso for shorter towers on the north end of
the property . I cannot understan~ what is going on with this . We are not asking you to allow the property to
re vert to the wild , we are not opposing a multi-use development. We are , in fact , accept ing all the
con veniences . Imagine what you have alread y asked of us and what we are doing by having this mult i-use
de velopment on the border of our neighborhood , We are accepting that lnconvenience ... short and long term,
what th is development will mean for us , We understand the fiscal pressures you ar~ unJer, for the greater
Englewood commun ity . We are just asking for an amelioration of the height of these towers on the north end of
the Kent Place property . Your actions , or rather your lack of act ions , about these north towers is all the more
frustrat ing and puzzling , since I know you must know that th is property will remain valuabl e and profitable . I
don 't want to bel ieve in these negative appearances , I choose not to bel ieve it. I believe you will still come
through for us in the matter of cast ing our neighborhood in gloom , Th e gloom in our beloved homes and
neighborhoods . That ~s you cons 'der giving th is fle xibility to the developer , that you will just add this one
proviso that the height of the north towers be lowered . It does not seem like much to ask . It really doesn't,
when you think of all that we are giving . I just felt like a stone had settled on me , I understand the concept of
the difference between the envelope and the actual towers . The floor plate , the reduced floor plate . I
understand that. It still looked pretty awful. It does not seem like too mu ch of a proviso to ask you to just have
• these northern towers be lowered in height , so it does not impact our neighborhood so ex treme ly. I be li eve and
I cannot think, that you will , in the end , abandon us on th is issue . I hope I am right.
Mayor Woodward said than k yo u.
Englewood City Council
May 19, 2008
Page 16
Charles Haskell , an Englewood resident , said I live just north of the project. I appreciate the opportunity to
speak before the Ma,or and the Council. It's a beautiful project. Kent Vil lage , wh ich is many years old , has
been ve· y successful . And in the difficult market condition we find ourselves In , rea l estate wise , I question
whether th is project w,11 ever be successful as a high-rise typ e project. Which is a major change , obv io usly ,
from what the develo pers intended . Many similar projects, older in nature ... the Cherry Hills 3, etc ., have been
quite successful. And u,e model they had , the planning of the proje ct, I th ink is very , very good . But whether
that particular parcel will nupport high-rise development. .. there Is only one building, as Council is aware , to the
west of that that is a high-rise ... the Waterford . Orig inally , I think there was going to be three to four buildings .
They only built one in the early 80 's. They had a difficult time in selling it. It is an icon property . But whether a
high-rise project with possibly a hotel... wh ich is interest ing ... is a workable , viable projec t... I quest ion . That is
basically what I wanted to tell Council . Thank you .
Mayor Woodward said thank you .
Katty Staller, an unincorporated Arapahoe Couotv resident , said I will be very brief. The sign-up sheet wasn't
there , even though I walked in a long lime ago . :here are a couple of things . I often start at these hearings
complimenting . There are many things that are very well thought out , and , I think done , with great respect for
what Is going on ... and good improvements . I think a couple of things are still of concern to me and probably the
surrounding neighborhoods , not just my neighborhood to the east. One is the consideration of the
flexibility ... which is important to the developer ... ! understand . And important actually, to you , as a community of
Englewood . But I think the flexibility comes with a risk of limiting your fores ight. If things can be moved too
much , are there things that could be hurt in the end? Specifically, I am talking about the envelope in the
northeast corner. If that moved to the furthest boundary edges .. .! think If you moved straight to the northern
edge , along here th is is well done in response to many of these concerns , so that it is set back , limited or
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stepped back , just as it was done here in the west side . I think on the east most side , tha t step back is not being •
recogn ized as much . The original , original PUD had only townhomes along this side ... similar heights really, to
this whole edge along University . So you didn 't get that sense of a tall wall on the driving corridor there , without
much landscape between you and the building . But , in this newest mod ification , th is bu ilding could conceivably,
not as drawn in this phase , but could conceivably move very close to University and that is where I was
speaking about foresight. Th is is an image in Englewood . Are you creating th is wall on University and tak ing
away the outs ide , kind of landscape appearance of the perimeter? Which I think makes a big difference if height
comes to the edge . On that note, 1 m do ne.
Mayor Woodward said thank you .
Mayor Woodward asi<ed if there was anyone else who wanted to speak during the Public Hearing . There was
no one .
Mayor Woodward said I just want to verify . The shadowing , on that north side ... in a worst case scenario , Is it no
worse right now , as I understand it, than the PUD 1? Mr. Foltz sa id let's go to that slide, where we are actually
comparing side by side . In a worst case scenario , on the north side during a wiriter solstice ... again , this is a
projection ... be c<1use of the length of the build ing , the shadow line does reach , however so slightly , into about
the middle of the street , rather than on the curb line of that street. And then at noon ... representative of this
house , right here ... l can 't tell exactly where it is ... but it does not move out outside of that yard , as it does in th is
condit ion . And at 3:00 p.m. it is within the same yard of where it was shown before . And again , this is based on
the mode ling , as it is done on this exact site , versus the ou tsi de limits of shadowing of that zone . Does that
answer your quest ion ?
Council Member Moore said do you mind reviewing the difference between Amendment 2 ... the worst
case ... versus your sample concept , in terms of the shadow ing . Mr . Foltz said you mean the build ing
shadowing ... so the bu ilding shadow ... ! think , if you recall , the worst case from Amendment 2 was somewhere in •
the middle of this yard . And now, because th is building is ob viously not go ing up to the full extent of the
envelope , that would then be shifted to the south by that sam e amount. So , obvious ly, as th is building moves
with in the envelope, that shad ow con move anywh ere wi thin 15 feet to the north and all the way to the west. We
don 't ha ve a side by side image of th is compared to the prev io us ... but let's flip back ... relat ive to th is stree t and
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Englewocd City Council
May 19 , 2008
Page 17
to this house and forward to noon . Coun ci l Member Moo re said , actually , if you would go back to the sl ide just
before this . That is the full envelope , correct? Mr . Foltz said that is the full zone , correct , depicting the outs ide
limits of any building , within that en velope . Mr . Moore sa id, clearly , the notable advantage is the reduction in
shadow from east to west , at any given po int. Mr. Foltz said correct . Aga in in wint er , as the sun is sweep ing
around the southern horizon ... and we did It at three po ints In the day ... you could do ii, certainly , al ten points in
the day , to see how qu ickly it moves through its rotation .
Council Member Penn sa id Ke vi n, what height of building are yo u taking this shadow off of? Mr . Foltz said this
is the entire 179 fool envelope . Mr. Penn sa id the height? Mr. Foltz said the height , yes . Th e maximum height
at every different corner.
Counc il Member Moore said what was the height of the conceptual? Mr. Foltz said 17 9 feet , as well . Mr. Moore
said so it is the same height? Mr . Foltz said yes .
Mayor Woodward sa id I would like to see the winter at 3:00 . So , Mr. Foltz said , the compar ison , again , is about
mid-street up here , and just to the north edge of that street over here .
Council Member Penn said for each floor how much would you reduce the he ight? Mr. Foltz sa id each floor is
approxi mately 11 feet.
Mayor Woodward asked if there were any more questions or discuss ion . There were none .
Mayor Woodward said thank you Ke vi n.
COUNCIL MEMBER MOORE MOVED , AND COUNCIL MEMBER WILSON SECONDED, TO CLOSE THE
PUBLIC HEARING TO GATHER PUBLIC TESTIMONY ON COUNCIL BILL NO. 23 , AUTHORIZING THE
DENVER SEMIN ,IRY PLANNED UNIT DEVELOPMENT AMENDMENT NO . 2.
~.yes : Council Members Penn , Mccaslin . Moore , Woodward , Jefferson ,
Wilson . Oakley
t.ays : None
Mot io n carried and the public hearing closed .
11 . Ordinances, Rasolutlon and Motions
(a) Approval of Ordinances on First Reading
There were no items submitted for appro val on first reading .
(b) Approval of Ordinanc es on Second Reading
There were no items submitted for approval on second read ing .
(c) Resolutions and Motions
(I) A reco mmendat ion from the Ut ilit ies Department to adopt a resolut ion approving the
City of Englewood 's part ici pation in the South Platte Water Related Act ivities Program .
Mayor Woodward advised that Agenda Item 11 (c) (I) has been pulled by staff.
(ii) Director Fonda , Pres ide nt of the Eng lewood Mclellan Re servoir Foundation , presented
• recommendation from the Englewood Mclellan Reservoir Foundation to approve a resolut io n In support of the
lease of 13.6 acres to CarMax Auto Super Stores . II has taken quite awhile to bring this together. The
• prov isi ons are such 1hat we would receive an in itial deposit of $150 ,000 .00 , although , $100 ,000 .00 of that is the
true deposit , $50 ,000 .00 wou ld be applied to a future rent payment. The rent payments would comme nce In two
phases , the first would be construct io n rental and that would occur around September 30• or when they are
finished with their permitting , and the permitting could ex tent beyond that. Th e amou nt of $220 ,849 .00 per year
Englewood City Council
May 19, 2008
Page 18
would be pa id In monthly payments. The fi rst months ' payments would go to paying for one-hall or the broker
commissions that were negotiated . So, it would take about two months belore we would see net cash coming
in . That would then allow lor construction and , I believe, the limits on the constructio n, belore we went into
actual base rent, would be either when the property is open to the public for business or 270 days past when we
commence the construction lease . There would be a 10% increase every 5 years, in the amount of the base
rent. T he initial term or the lease is lor 20 years and they can extend it for another 20 years in 5 year
increments . Beyond that, it is a net lease and the tenant pays all or the costs , taxes and so forth , that go along
with owning the property.
COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE
AGENDA ITEM 11 (cl (Ill • RESOLUTION NO. 38, SERIES OF 2008.
RESOLUTION NO. 38 , SERIES OF 2008
A RESOLUTlm1 SUPPORTING AN AGREEMENT BY THE ENGLEWOOD MCLELLAN RESERVOIR
FOUNDATION (EMRF) FOR THE LEASE OF A PORTION OF THE MCLELLAN PROPERTY TO CARMAX ,
INC .
Mayor Woodward asked if the;e we re any questions or discussion. There were none.
Vote results :
Motion carried .
Ayes: Council Members Penn , Mccaslin, Moore , Woodward , Jefferson ,
Wison, Oakley
Nays : None
Director Fonda said thank you .
12 . General Discussion
(a) Mayo~s Choice
(i) Mayor Woodward said I would like to request authorizatio,, to utilize personal money
and utilize soll'e of my discretionary account funds to attend the Colorado Municipal Leagu~ Annual Conlerence
in Steamboat Springs and the National League or Cities Conlerence in Rapid City, South Dakota , during the
month of June . Our budget for tra ining and travel, obviously, was spent during our Washington trip/NLC trip , so
again my discretionary lunds and my personal money.
(ii) Mayor Woodward sa id I would like to thank Bryce for his rresentation, allhough he lelt
hours ago. Having the kids at this conference is really a benefit to them and a real :ienefil to us Council
members. Sometimes, kids, especially teenagers, come forward with some th ings that some of us older folks
don 't see. Certainly Bryce, and Shannon Eldridge who was also attending , were really quality students and it
was a real benefit for us .
(iii) Mayor Woodward said I'd like to mention on Thursday evening , I did altend the open
house of our ACTS , the Arapahoe/Douglas County ::areer Technical School House, that was just completed . I
met the students that bu ilt that. That Is a program that the City of Englewood provides the site and the students
from Arapahoe County and Douglas County High School and Community College do the architectural and the
building and we've done it every year for a number or years. Th is particular house, although it was Just
completed ... t think last week the painting was finally done and opened up ; ,t is under contract for sa'1 lor a very
strong market price. t want to say congratulations to them and say aga in I really support that program .
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(iv) Mayor Woodward said I'd like to thank the people who testified ton ight at the public •
hearing . It's good to have that public input.
(b) Counci l Members' Choice
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Englewood City Council
May 19 , 2008
Page 19
(i ) Council Member Penn :
1. He sa id I'd like to than k the stude nts from DU for coming in . It's re ally neat to have 01Jr students fro m
college and high school and middle school come in and see what our government works like and give us some
good ideas . Hopefully , they will continue com ing to KEB .
2. He said s ,yce Penn did a good jo b. I must sa y good things about him fort•matel ;. He learned so much
and it was probably one of the best tr ips tha t he has ever taken , an d we take a lot of trips , so I think he learned a
lot and hopefully he will continue . He has presented at the Stude nt 13v ,ornment , and will present at the U S
History class and the n he has a couple more places that he wi ll present, along with Shannon . I don 't kn ow
where Shannon is . They 're probably all getting ready for finals . That's probably where Shannon is . So
hopefully that's where she is and hopefully we can get hv in again .
3. He said to Kent Place , thanks for a great presen tat ion . I do urge you to look at that Envelope B map .
I'm st ill concerned with the shadow ing , possibly looking at shortening the he ights, two smaller build ings . I'm not
an architect , but maybe get back with people on Floyd and see what they 're concerns are . I know that
shadowing Is probably the biggest concern that they have so hopefully Kevin and you guys will get bac k and see
them .
4. He said to our youngster"s from Destinat ion Imagination ... I know that they came in with th,s late , but I'd
like to propose that we use $200 .00 of our City Council funds to help support their trip to Knoxville . They are a
spec ial group . I've seen their presentation twice and they do a great job of presenting th is thing . They have
gone out for the last three weeks scavenging every penny the y can and they are still abcut $500 .00 short of the
$6500 .00 , but I told them that we 've already spent a little bit of our money , but I would propose that we give
them $200 .00 for the ir trip.
Council Member Moore said for discuss ion , what is our budget? Council Member Penn sa id I thin k we 've
already spent $300 .00 of that. Counc il Member Moore said $300 .00 of the $1000 .00 ?
Mayor Wood ward clarified saying $300 .00 of our $1000 .00 . We had $1000 .00, I'm trying to think , we spent .. for
the softball tournament.
Council Member Moore sa id it so unds like we did this effort last year?
Council Member Penn said yes , we have . They 've already gone to the Englewood School [joard and got
money from them also.
Cou nc il Member Moore sa id do you remember what we did last year? Council Member Pen n said I do no•., no .
Council Member Moore sa id I don 't suppose anyone rise remembers . City Manager Sears sa id I don 't
remerr.ber . Mike?
Council Membe r l~oore asked do we anticipate the firefi ghters cha llenge th is year . I'm trying to th ink of things
wr co mmonl y support , whe th er we run the risk of bumping up ,:,e budget mo,., qu ickly than ant icipa ted .
City Manager Sears sa id the only th ing I know is that WP.'ve had several injured firefighters , so we didn 't take the
challe nge last year. Whether or not they 're healed and reo Jy to go for (ha t later this year , I don't know . I guess
lh e potential Is lhat they won 't be going th is yea r. I hav en't he ard that they are .
Mayor Woodward sa id I th ink that's going on to the finals too , isn 't it? City Manager Sears replied I th ink you
have to go to the loca l, and then regional , and then on to the finals .
Cvun cil Member Wilson asked are we able to use any of our discretionary funds that we haven 't used . We
haven 't used any sin ce I've been on Council.
Englewood City Council
May 19, 2008
Page 20
Counc il Member Moo re sa id with approval from lhe rest of th e Counc il. Actually , where do we stand on
revis iting that policy? Is that still on our agenda ? So . it's po ss ibl e since it 's outs ide of the specified scope of
those discretionary funds that Counc il could agree tha t...
Council Member Penn sa id I have not spent any of my discre fa,n ary funds , if that's the way Counc il would like to
go .
Council Member Moore said actually what I'll do is to g~ an ead &nd second Randy 's init ial mot ion and generally
I'd like to know where we stand ano what we did la st ·1u~r. Tlo o 3200 .00 , if we still have enough room that... i'II
second the motion in support and then we know we ,mll :,a., these other options to consider ff we run Into future
needs later in the year .
COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER MOORE SECONDED, TO AUTHORIZE
$200 .00 FOR DESTINATION IMAGINATION FROM COUNCIL'S BUDGET.
Council Member Mccaslin said is there was any way we could get an update on wh.ot !,~"• spent out of our
budget? City Manager Sears said sure , we just didn 't know that this w.s goin0 ,o , ~op.·,. We can get that to
you . You know thal we don 'I have a meeting next week so we couldn 't take f: ·--c .. ;: ar.,1• • u·•-!i l June 2"". but we
could easily get to you in the next day , especially by a Council packet. Is that rig•·. ~,a,,;
Director Gryglew icz sa id if Counc il 1o\OUld direct City Manager Sears , you could expend down the contingency
money that we d~ .ppropriate just fa, these types of uses .
Council Member Moore said so we have ;: c. ,otion that has been seconded .
Mayor Woodward sa id so the motion was for S200 .00 .
Council Member Moore said for $200 .00 out of Council's budget.
Mayor Woodward asked if there was an y furt her discussion on that. There was none .
Vote results:
Motion carried .
Ay e5 : Counc il Members Penn . Mccaslin , Moore , Woodward , Jefferson ,
Wilson , Oakley
Nays: None
(ii) Council Member Mccaslin said I would just like lo encourage our part ici pation with the
Pioneer Leadersh ip Program throughout the year . These three young people did a great job . I went to the
ceremony , I think it was last Tuesday night , al DU for •10 hours . They were very articulate . The future of these
kids ... it is really encourag ing . I teach emotionally disturbed kids and I was really Impressed . Hopefully , we 'll
co ntinue th is program because they 've done a great job for us . I'd like to thank Linda Olson for bringing them
and enc ourage them to continue .
(Iii) Coun c,I Member Moore:
1. He sa id it is always disappo intir1 lo have very upset citizens and constituents . but it's an unavo idable
thing when there are two sides to the issues . First I wo uld just like to note about Ms . Bartnick that she clearly
-,pressed her dissatisfaction with the vast majority of Council, our City management , our City staff, and for that
matter. most of her ne ighbors . What I Just wanted to say to each of the Council members who were directly
insulted ton ight . I know that each of you act eth ,cally and with the best interest of Englewood in mind .
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2. He said mov ing on to the Kent Pla ce Developmen t...ob,iously one of the ne ighbors affect;1 by the •
devel opmen t was visibly emot ional and upset about the he ight of the towers . Persona ll y, I too wo uld love ii if
the dev elop er did not feel the need to take the towers so high on the north side . However; just making ,ure
history is clea r, I bel ieve the issues she 's ,:oncern ed about . and ui:derstandably upset about , go ba ck to !he
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Englewood City Council
May 19, 2008
Page 21
original PUD and to fully understand that dec ision , you have to look at what was presented at that time , the
rights that already went with that land , the heights of lhe buildin•,s , ,-buildings that were already permitted by
right on that developrndnt. The a, iginal PUD reflected a treme ,:uous effort between the developer and the
neighborhoods and the City and Council applauded that effort •l b·1r l.!me, recognizing again whal the
developer 's rights were alrezdy and what the alternatives wc ·.,:.1 have 03en had we not approved the original
PUD . So while I live In lhat neighborhood as well ... I wish th at north to "'•' wasn 't going lo be !here , but I think
that to really appreciated why it has to be that way , you have ,o go furt her back into the process . For me, the
key in looking al the current amendments is ... are we making '}'i'ng5 wo , se? We need to honor that original
comm ilment. We need to make sure that the flexibility being ••••.d lo, oy the developer is r,ot making the
situa ,ion worse . In terms of why it needs to be of that height to be ~ir. 111:1, you really have to "sderstand ... you
have to appreciate the earlier parts of the PUD . I just share that. I guess most of the time that I have been on
Council we have been wrestling with this and the citizens most affected are my constituents and I also live in
that neighborhood . I appreciate the difficulty of this ... I just wanted to share those thoughts .
(iv ) Council Member Oakley said , due to the lateness of the hour, I was going to pass, but
since John made a few comments about the project , I would like to add my thoughts to that. It appears that ,
yes, the shadowing effect on Amendment 2 is about the same, or certainly, not much worse than on tr.a first
two . All of lhem are going to cast a shadow and I don't think the developer could drop those buildings down to a
height that wouldn't cast shadows out onto Floyd Place . As we sit here now , there are two developrr.ents goir,g
on in town that are going to cast shadows on people . The building on 285 and Swedish Hospital. fhose people
up there are going to be affected, so we have to look at this in the broader pictt•re .
(v) Council Member Wilson :
1. She said I wanted to say how much I enjoyed Bryce in Washington D.C. It was really good le see a
student just absorb all that knowledge and history . And plus , he was a lot of fun .
2. She said I know that P & Z and tne whole City has really w, <l<ed on Kent Place . I'm really torn, because
I feel bad for the woman ... If ii was my house , I would be upset. So, I am just really torn . I know a lot of work
has gone into this and I have been to mee , ngs , even though I wasn 't on Council. I heard a lot about it. I think it
is going to be a great avenue for Englewood, economically and it will provide diversity . So , I applaud that. But,
if there is something they co uld do a,, the north side , that would be great.
3. She said the thing with thd DU students , I thought that was wonderful and I am glad they participated in
our government and City .
(vi) Council Member Jefferson :
1. He said I just wanted to thank Bryce for coming down and giving that presentation . It was great. I was
happy to get my ribbons . There was laughter.
2. He said to Laura who was obviously upset tonight I just wanted to let her know I undersland she is
upset. .. l can't necessarily condone the way she voiced some of those concerns . I will generally say ... I didn 't
apologize to the folks at our last meeting, because of her case being dismissed ... ! did apologize to those folks
be cause our policy was mishandled , That was the reason for my apology and I wanted to ciarify that for Laur a.
3. He said the interesting student program was great and hopefully they will have a great trip . Hopefully
the $200 .00 will help their ,,ogram . An ui teresting program .
4. He said Dr. Olson bringing the talented youth from DU to help us with our environmental concerns
certainly is appreciated .
5. He sa id I wanted to thank all the folks who came out to speak at the Public Hearing . To Melanie, I
bel ieve it was , who was upset about the northern shadowing affects ... I would generally say th al developments
do have affecls on the neighborhoods arid I would think that our goal would be lo lim it some of lhose negative
affe cts and perhaps lhe developer will take that inlo consideration . But I th ink minim izing them altogether is
Englewood City Council
May 19 , 2008
Page 22
diffic ult when we are look ing to move forward and develop our commun ities . He said to Charl es and Katty , who
brought up interest ing issues , that hop efull y the developers pa id attent io n to , I th ink both of those are probably
in th ei r best interest of econom ic via bil ity and aesthet ics .
COUNCIL MEMBER OAKLEY MOVED , AND COUNCIL MEMBER WILSON SECONDED , TO AUTHORIZE
TRAVEL EXPENSES FDR MAYOR WOODWARD TO ATTEND THE NATIONAL LEAGUE OF CITIES
CONFERENCE IN RAPID CITY, SOUTH DAKOTA AND THE C:)LORADO MUNICIPAL LEAGUE
CONFERE!4CE IN STEAMBOAT SPRINGS .
Ayes : Council Members Penn , Mccaslin, Moore , Woodward . Jefferson ,
Wilson , Oakley
Nays : None
Motion carr ied .
13. City Manager's Report
(a) City Munager Sears said we are hosting the Tri-C ity meeting June 6th here ... and if an ybody has
a top ic that you would like us to put on the agenda , just le t us know , We will be sending it cut to Sheridan and
Littleton over the next co uple of days . Just send me an e-mail , with any topics that you may have , We will keep
you informed about that. We have held it at the Golf Course in the past.
14. City Attorney 's Report
City Attorney Brotzman did not have any matters to bring bet ore Council .
The meeting adjourned at 10:08 p.m,
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