HomeMy WebLinkAbout1998-07-06 (Regular) Meeting Minutes•
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MN1I , uL
UIGl.&WOOD Cl:JY CO,!)l'(C~ 1
ENGL&'WOOa,~AJIOJ; COVlfP' ,COLO!½DO
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Jolly 6, 1998
I. Call lo Order
The rcauJar .-ing of the En...,._.Oil)' CCIIIIICil was called 10 order by Mayor Bums al 7:4 8 p.nt
2. lavoc11ioo
The invocation was given by Couaci f lMemba Nabholz.
J. Plcdae of Allt&ianu
The Pledge of Allegiancc was led by Mayor Dams.
4. Roll Call
' :ru'I
Present
Absent:
Camcil Members Nabholz. Clapp, Garren , Brod.shaw, Waggoner,
Ellanio
Council Member Habenicht
A quorum was present
S. Minutes
Also prcseDI : a.,,.._,. Sears
Ciay Allolm:y Broumao
O!y ClatElis
C..... Pn,w:ntion Ofliccr Peterson
Dmsioa Oiid Vandamce
DIIR:aor Eaerly. Public Works
DRaor Olson. Safel y Services
Pfllumiag Amlyst Denning
DumorSimpson, Neighborhood and Business Ocve lop mcn1
~ Manager Kalun
Dnaor Gryglew,cz. Financial Services
&asia:55 Communily Coordinator Scibe lli
(a) COUNCIL MEMlll:11. WAGGONER MOVED, AND IT WAS SECONDED. TO
APPROVE THE MINUTES OF TIU: llEGULAR MEETING OF JUNE 15, 1998.
A)'cs: C"""1Cll Me mbers Nabhol z. Waggoner. Clapp. Bums
Nnrs: None
Abstai n: CiowioJ Members Garret~ Bradshaw
Absent Couocil Membe r Habenicht
Motio n carried .
Co un ci l Member Brndsh.1w commenn::d Ul;JI 11 was interesting reading the minul es ... Mayor Bum s attitude
toward Mr. Allen . M1yor Bums s:ud he didn't know what thal meant and ask ed that Ms. Bradshaw for
Enalewood Clly Coun<II
July 6, 1998
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clarification. Council Member Brad.11.wsafd it 6nt dme It s«med Ike he son of ployed uproar •idl lbc
Historical Society beca~•ota Housing Aildioriry 'a&el '.Wcr 1M Oopl,t . She•••liftliat is ttut. ifi!aa
was a problem . Mayor Bums staled he I.hough! I.hey had amved al a goot aotution for the DepoL 8uL Ms.
Bradshaw said, prior to dial time she d1ough1 dlere was !lbmeilostiliry I.here . Well, Mayor Bums said.-
n:alty . The Housing Aulhorily Board wnn1ed 10 have additional Information from I.he Historical Sociay
aboul I.heir business plan and dial didn'I come from him pmon:illy, paniculmty, ii Cline from olh<r
members of the Housing Autl1orl1y Board loo . Bui he tl1ough1 tl1e give and lake. as a rcsull of Iha!. bas
n:volved inlo a very good solu1ion and is a win win for e\'erybody. He Slnled he is ve,y. plct11td •ith ._
Mnyor Bums noled dial he is very npprccialive of whal tl1e Historical Socie1y has done in \\Orlcmg \\Ill> the
Housing Aulhoriry nboul I.he Depot Bui , he said. what he wu not 1enibly pleased \\ith was Ille fillld
raising i~lf. bccouse they had a professional fundraiser and tha1's whal I.he Housing Autl1onl) was
concerned about He mainlaincd I.hey wen: nol upsel wilh individual members of the Hi11orical Soc~.
Council Member Bradshaw staled dial she just lhinks tlial some1imcs dial gets n:at conflicted. She asbd if
that was not true . Mayor Bums said he tlunks ii n:sulted in a dam good 51olution 10 a dilflClllt ~ He
nolcd he Wked 10 SC\'eral members or lhe Historical Sociely al tl1e cclcbrnlion on tl1e 4• of Juli Cou:xil
Member Bradshaw said she did 100. Mayor Bums said d1cy socm 10 be very pleased. l'mm wu bt
gathered. witl1 the solu1ion . Ms. Brndsl.iw said okay. Mayor Bums asked 11101 if Council l\.lember
Bradshaw has a concern Lh,.1t she shou ld just go ahead and tell )Um wtmt it is.
6. Scheduled Visiton
(a) Mnyor Bums advised they wen: very pleased 10 have race car drivers Roger A,uts..
Richard Bunon. and Roger Milchcll hen:. He s1a1cd lhcse genllemen have done ye oman's work in the
Englewood Neighborhood Walch Speed Pledge Program.
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Mayor Bums asked Crime Prevenlion Officer Nancy Pe1erson lo c.,plain tl1e Spocd Pledge Program. Ms •
Pe1erson s1a1ed tl1e program is aboul addn:ssing you r driving habits. realizing diat you an: pan of the
problem out th ere and th.it you could be instnuncntnl in the solution 10 the probl em She pointed out that
we can do all kinds of traffic engineering SlulT. like pulling up barriers. bl ocki ng o!T SUOCIS. speed bw,aj,s.
traffic circles and all or th.11 . bul until \YC oddl'C!.5 the problem. \\'l ud, is the dm cr's dn,ing habits. 11 is
never going to go away. Ms . Peterson commented that C\'Cryonc m this room can remember baa l0 lhe
day s" hen one of tl1ose objects was JUSI simply an obs1acle and you could figun: ou1 how 10 get OIOUDd tl
just as quick or quicker. tlian you did befon: it was lhere ... hersclf included. She said she docsn 'I !ia,c a
halo and if she did. ii slipped• long time ago. So until we addn:ss tlie dri ving habits. she sau!. 11 ,s ne&
going to work and thnt1s what lhese gcnllcmen are all about Ms. Peterson expla ined that th~ dn, e fast
for a lh·ing. bu1 they have a place where they do it. II is not on our City streets or rcs1dcnual aRaS. ll ts on
the race track . They ha,·c a full commitment to our community saying th.-u safe. couneous dnnn,c bdaags
in our neighborhoods and they care abou t us and our families and they wan! C\"Cr) one to make u home
safely. Ms. Peterson advised Lhat tl1c~• have pu1 a 101 of 11mc and energy in10 this and th~ arc tcmbl:
committed 10 our community . And , she noted . !hey do thjs all on the ir 0\\11 time and a 10 1 ofumes th.ts
vo lunteer work costs 1hem money and a lo! of discomfort Bcc:rnsc . she no1cd. the) end up "C3IUJ& tbar
file suits on days were il is 100 plus degrees and inside those lirt: suits it is warmer thnn th at But~
always do it with a smile and they ne\'e r complttin. She s.iid she th i11ks it is really n~u and th e::, "ill se
them ne .,1 week at Craig Hospit al. they will be 0111 there for ei ght hours doing a specia l program for CraJg
Hospilal's p.1Lie111s and their fa1111lics . They will l>c co111111g 011 11 0 sec the ca rs and the speed pledge mrlf
will be set up . Ms Peterson Slated they nrc making a majo r co nlribuli on lo ou r co mmw1it ~ She noted th:it
other communit ies across the country arc intcrcs1ed in this progrn111 and th e) arc modeling 1L ~ls Peterson
said sl1c Lltinks it is grem and her hm 1s off 10 1l1csc guys
Mayor Bums s.iid he would also like to 1h.1nk Nancy Pe1erson for all lh e grc.11 \\Ork she h::is done on c?us
program , th.11 it is terrific. •
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lllatcwood City C-it
J.iy 6, 1991 , • ..,J
t1111 ) (h l booN l..:n
Qtlf ,11lol
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Mayor B111111....,. ,._,..._ _ lbclc pdcmcn II Nciallborhood Watch meetings, the openica or the
Nonh Englewood -pa6ioe a,aununily center and the July••• celebration . He said they seem 10 be
everywhere he goes. He-"" tlml they :ue volunteerina their lime .
Mayor Bwm real die_.,.. 011 die plaque IP il'I enliRly,
Mayor Bums prcseDl<d ...... lo Roser Avants. Richard BUllon, Roger Mitchell nnd offered his
congn11ulalioa 111d .-
Mayor Bums said there asv.uious things you can get and one of those things is a key ring . which he
cnrrirs for the Spcal PlcdF~-He DOied ii has pined a IOI of recognition and we arc very proud of
this effon.
Ms. Pelenoa advilal .... ,.,. House bas requested a photo or these acntlemen, and herself, 10 pu1 in
the White Hou.se AlchiYa Ole oflhese days soon ii will be heading tliat way.
7. Non-scloedu,I y-...,.
(a) An Emilma ad\-iscd lha1 be owns 101nc land at Evans and Zuni and he is havina some
access and lk\-.:lopmeat ;...,.. 11,at he has not been able 10 work out \\ilh City Slaff. He ad"scd he has
been working oa the iSIIIC u-. • year and he lhouahl ii •as time 10 bring ii 10 Council and sec ifhe
can gel some assislanlx. Fie said he has recapped the problems as bcSI he could here . in some five pages .
He staled his rap,est is lml Comlcil review it and possibly 5Chedule an on-site meeting \\ith him where
they can discma. maJ1,c wil:h 11211: some oflhc details and hopefully work out a compromise 10 ollow him
acca1 and use af llil-..
Mayor Burnsaskal --~ a(l.he process he was In with lhis development Mr. Enlison advised that be
doesn't have aa:e:ss to tllr: knd at this point and he doesn't ha\'C wotcr and sewer. He said it is in an area
where tl1e SIRd 1115 Pill b=a""1 in ... approximalcly 75% llcdicalcd. But tl1cre arc obstructions i.a the right
or way, then: is no _...,.,..,..,r, so basic:illy tbcrc is no access and no use . Mr. Emison said tlia•. he
lhiPks they \\ill find ii ,s.ddmod here. Ile DOied he can II)' and explain further. but like they saia time is an
issue. Council Member~ advised he stlll has tlircc minutes . Mayor Bums agreed that he has a full
five minutes ifhc wanes IO!lae iL Mr. Emisoo staled he can't 5Wllniarize 1his in five minu1cs. bcucr th."Ul
he did here. He said he cuul1d read this 10 them. but he tl1ough1 probably the beSI tl1ing was if he could just
request a mecti.ag. potaCillBf » ..,..;1e meeting and he 1hougl11 ii 11,iuld be bcSI if staff could participate.
Council Member Nabholz u,iaod 1h11 she has spoken pcnonally with Mr. Emison and recchcd nw11erou.
faxes and le11cr1. Also. she.. ;,cnooally. in December. had Director Olson and C11) Manager Scars. go on
site and meet with Mr. Enu-. bcausc sbe was in Plliladdphia. Ms . Nabholz said it is her
undcrsanding ... and she liaslislmal 10 both sides or the 11ory. she has seen both sides ... that he purcl.ised
this property .u it is. with o ~ no scwtr nnd water taps. She asked Mr. Emison if th.11 was correct.
Mr. Emison said yes. bal lh""° 11= WWJO\\tl facts. or course. at the time . But Ms. Nabholz said. he
bought it. The thing she is~ 10 understand here is. she said. II.it tl1is becomes• legal Issue at 01is
point What she h2s IC3d lh:m1 ha correspondence is 1ha1 he would like o,c City 10 come In and make Oia1
Slrcct and put in tbasc lapC t£or hun. She asked if tlml is cornict. Mr. Emison ad\'ised tlia1 he is proposing a
compromise whc:rc he wouuJ put uµ the waler and sewer. but DOl the full street. TI1e full strccl is some
SJ00.000 and bis four lots w,o uld DOI justify tJu11 . He said he t:N:licvcs the area was ploncd and in a sense
developed by the Ciry or Eny;Jewood. who took the l:md ... O,e Ciry did ... in 197 1. He said if you look at the
m.i ps. as he did when he 3ClJWrcd the land. tl,c strccl rigl11-of-way appc.,rs 10 be there .
Coun cil Member Bradsh:lw J&dvisied th.it she h.1s al so h.1d so me dc.1lings "ith the Kellc)s . the Tafoyas. the
Apodacas and the SalaDa..:,s-..-cll as tl1c Keyfou,·ers . She Slalcd she pcrsonall) feels that her Job. as an
At-Large reprcsc:ma.tivc. IS 111> r:r;JRSClll the a>nstllucnls that do call her nnd none of those people . t.hc
l!npcwood City Council
July 6, 1991
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M I~ th1l
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Keyf\mv•n aren1 impacted by lhal 101 ... btn !he olhcn an,, and !hey have no clain: to ba,'C a -put
through.
Mr. E111lson said Iha! if and when lhey gel 10 read his proposal, !hat he is propc,ung that he cnn get will~
and doesnt in facl, wanl the 51,ce1 either. He advised he does -.i 10 ...., -and he cloee .-d to
have waler Md sewer, so he is proposing that he would use the presenl riglu ol-y as o drivewa y and
mainlain it and there 1,0Uld be no suoet . Bealuse, he said, he. in tilct, ap,:es. ..., dll:-
streel ... $300,000 ... does nol oppearlo have any bencfi1 right now 10 anybod) dsc. However. hell<llm. hi ■
land Is landlocked and he believes he should have Ille rigltl lo use his land 11 !IIOO:IC WO)'.
Bui, Council Member Bradshaw said. when any ofus buy real cst>te it isaar IDnlto of responsibility to
check oul all aspects ofthal property . Okay, Mr. Emison said. Ms . Bradshaw saa1ed llmt she doesn 't feel
that ll1e City needs 10 pul ilself in ll1e habil of subsidizing a land owners em,n, Mr. Emison said that he
thlnlct lhe question is going lo come down 10 who plotted the laad and wila is tie ability to have land that
!ms no accessible use . He adviscd he believes II.ii when the City took tJ,e ripl,c,f....,.y in 1971 that Ibey
made some commiuncnt that they no :d 10 rollow through on.
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Council Member Brndslmw asked when ll1is is scheduled for a paving distn::t. Council Member Waggoner
ad,i!cd dUII you don1 have nil ll1e right-of-way, lhnl Is tl1e problem.
Mr. Emison said there five lo1s oft"'Cnty lots that have 1101 been dcdic:ued.
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So. Council Member Brnd.~utw said. 001 all of the right-of•way has been...-, Council Member
Waggoner staled lhal none of die righl-of•way hllS been purchased, it 11-as ~ Oh. Ms. Bradshaw snid, it
was jus1 given al II.ii lime . Mr. Waggoner said ll1a1 is right . Mr. Emison said Ilic thought it , ... requested ,
of course, but the records have not been provided ycl. or localed yet so "c do111"t 'know for sure wha1 •
happened . In the back ofyourdocumenls. he said, you hive a petitior ,ilid>. isdlc best= have been able
10 gel from Slaff and his review of the records. TIIC next lo the last page ... ~= back to badt ... shm,s
the deed . tha1 happens 10 be the deed Iha! came otr of his land. the 25 feet ID lllt::stm:t right-of-way. Mr.
Emison '1llled he did nol plol tltc land. he did 1101 subdivide lhe land, Bui , COIICICil Member Bradshaw said.
you did purchllSe the L10d . Mr. Emison said 11.,, is com:ct and based upon seeqg maps that show tm: IIJ'Cet
righl-of-way ... thal he is looking 10 improve lhe districl and he is not undetsz:uding why the City woald not
be in favor of improvement. Mr. Emison said they have a lot of issues do,1.n tDIC-.:'~
Mayor Bums s::,,id that it seems to him thn1 they need two things. They neca ~ -:.'utf rq,on on this and if
there arc legal issues, as you arc suggesting lien:. or obligations on tJ,e pan or tfue Ci~. that we \\ill need
some sort of legnl opinion. Council Membc,s Nabholz and Bradshaw agreed.
Mr. Emison ad,ised II.ii he met ,.;th Cily Allomcy Brolzman and he has a !cm:,-,.-Jtich ,s in her<. He said
he has not. as of lhis anemoon, been able 10 gel a full fonnal response fro m the C u~, He said there have
been some drafts. which is also in here. 10 which he made some rebuttals. He s:mtcd th,11 some of 1hc.
citations and requirements 1hm are given to him. he is not able to find suppora m th .• Ciry Code and
manu.11s. So he has gone b.1ck and asked them .. _ one of the key issues nght J:EW" seems 10 be Lhc
requirement by the Utilities Department 1h:11 the utilities. the waler and scuer. straddle the ccnrcr line or the
street. He said he proposed lhnt he would put those in. but he is not abl e 10 so-..dd.le 1he centerline of the
street because of the land th.11 has noc ye t been dcdic::Ucd . Mr. Emison si :ue::i dx:rc is no cffon ri ght now.
on the pan of the Cit y, to get 1he rest of 1h:i1 lnnd , this is just 11 donnant pro Joi
Mayor Bums s.1id Lita! they c.1 11'1 cove r all of rttis deL.1il in a session here of fu.c. :nmutcs for unscheduled
,isi tors, so lhc:y need more info rmau on. obvious ly. from our staff
Mr. Emison stated he is prepared to gi\-c Counci l whntcver information~ ~-He noted he tned 10
keep thi s minimal for now as he reali zed there is ii li1nitcd ainounl of time am !De n:a.lly has spent a lot of •
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time with SlalJ. He advised lhat he is willing 10 come in and mccl and he 01oug!11 01ere \IOuld be some
balcfil to <lo some onsi1e look scc. ' Wdl , Mayor B~ Jd. if you arc goina 10 rezone somethina or whnlever. tha1 "ill gel 10 the Chy (;ouqdl
eventually in a quasi•judicial manner and he was not sure how much silc cxamina1ion we ought to be doing
lhil early on .
Mr. Emison said he did 1101 think O,crc was any rezoning rcques1ed al lhis poinl, 0011 he was no1 asking for
1i11L Al this poin~ Mayor Bums and Council Member Bradshaw no1ed .
~byor Burns thanked Mr. Emison for his p=n1aOon and advised Council would ask s1arr 10 bring !hem
up-co-dale on this and Ibey will review ii wi01 01em.
(b) Cindy Galligan. 3,010 Soulh Delaware, advised she was addressing Council this e\'ening
in regard 10 a letter she wrole 10 Ciay COW1cil on June 28~ on behalf of re<idcnlS in Distric1 I. regarding
,onx: problems Ibey have bccD having in that area Basically her leuer said 0ml she is asking for a
proactive approaclL lo avoid a n:active response. 10 a tragedy on sonie 01ings 0-,1 l>11·e caused concern 10
1xnelf and her neighbors. First of all she said. sbe wan1cd lo say 1hank you. She slalcd, in Ille past week.
she has seen much more police presence in her neighborhood. She said she docsn\ know if that is a dircc1
l<SpOIISC to bcr Idler or DOI, but either way ii is g,-e:,Oy apprccialcd by herself and her neighbor>. Ms .
Galligan staled Ibey did have one disturbing incidenl !his week. A filOI)' epi1aph was paimcd on the street.
directed 1owards lhc Ei\&lcwood Police DcpanmenL She said her fim reaction 10 this was tha1 she bet the
idiou Oiat painted ii !here 'l\'OUldn\ he,i1a1e 10 coll 911 if someone was breaking imo tl1eir home or if 1heir
bousc was on fire . She said it seems to her that some people would like to have selective. protccth·c
""'ices and that docsn\ 11urk. Maybe. she sugges1cd. lhcsc folks would like 10 wai\'e pro1ecti1'e sc "iccs .
When !hey call for help maybe tl1e diS:J?.lcher could leli U1em "I'm sony. you didn'I wan1 lhe cops hassling
you, so maybe l'U give you the number of somebody thaJ can come out nnd get that burg.Jar ou1 of your
house" or "I can have a fire truck ltlr.i1.! in two minutes. you selected not 10 want City services .. we'll clwgc
you S3.000 to pul your kilCbcn fire oul. • TIIO~ she nOlcd. is enough for her cdi1orial on lhaL ~is . Galligan
advised lhal, in talking wilh her neighbors over tlic past couple of weeks. one tlling 0,11 disturbed her
cspccially was a common word that she heard from many of them over and over. TI1a1 word was afraid .
They arc afraid of reiai iati on and if lhey repon incidenlS. tl1a1 tl1cy arc going lo be re1afo1ed upon by 01e
people tha1 are brc.iking tl1e law . She opined our biggest enemy is fear, U1:11 she pcrsonall1 refuses 10 give
iD to fear , because once she docs.. she has given someone else control o\'cr her, Bui then apin she noted.
sllc is nol an 85 year old 1>idow living on Social Sccurily . Ms . Galligan s1a1cd 0ml she tl1inks tl1a1 one way
"-e can eliminate some of lb.is fear is to educate residents on wha1 . when and how 10 rcpon ine1dcnts that
cau,c them alarm. She said she 1>15 been hearing tlli.ngs like "oh 1 heard peopl e fighting. bu1 I didn'I know
ifl should call lhe police or nol...i hcord gunshots and I didn'1 know wlm110 do ... i had 10 pain1 01er !he
graffiti on my garage, what is tbc difference between t.1g,ging and graffiti?" or "I heard someone going
through my ba ckyard , bul tlicy left. SO 1 didn'I cal l lhc police ." She opined tl•ll if )'O U lalk 10 a IOI of
~dents on an) block in the City. you might hc.v simiL11 comments from them . 1l1e 01her thing they say
is Uthe police co me to my door. they will know I am tlte one that called and they fcnr rc taJiauon . Ms .
Galligan staled Iha! what she is advocoling is a fac1 shccl tl1a1 could be dislribu1ed 10 ail residents . llli.s is
son of a City watch group, in additfon to the Neighborhood Watch Program s thm are alrcJ~ in effect.
~tany people don 't have the time , inlercs1 or ability to be co me involved in the smaller groups . This fact
sheet.. she said. would of course hnve 10 be a coll;ibornti\'e effo n bct\\CCll Ciry officials and im ol\'cd
otizcns . She thanked Council for their time :111d s;iid she hopcJ th ey would lake her sugg estion under
serious consideration.
Ci:y Manager Scars ad,iscd that he has asked Chris Olson and Tom Va.ndennee 10 be her e to a!\S\\Cr any
questions. from tl1e Safety Services vie wpoint rcg.1rding issues th,1 1 arc raised
En&lewood City Council
Jul;• 6, 19!18
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Mayor Bums said Uuit he had talked 10 Council 11,lcmbcrNabholz about U1is and thi s weekend he dm-c by
a,•d saw 1h11 obscenity on the SIJ'<Ct and it is obv.-th<rc seems to be a rcolly serioas, contlritlold 'pibblem '
"ith this block or two on South Dclawal<, He -thal Diroe1or Olson or Chief Vandenncc oddrm
touncll on the status or this problem. Mayor a.,.,. said be lmoi" the llnpoi:t Team hos been there on a
regular basis.
Division Chief Tom Vandermcc. with the Police Qpcratioas Di,ision for U1c Department of Safety
Services, advised that they are very familiar wit!, 131epartit:ular addn:sscs tha l·havc been identlficil . Th:v
have. for close 10 nine months. paniculariy lhc Impact Team. been opc/nting ln addressing tile concerns and
issues 1h11.,.. brought to their aaentioo and tbooe llhal ~-indi,i dually identify He staled that on /wie
15~ lhcY Initiated Mother respoase 10 • paniadarComP:.i' n,qucst and since that time luive imposed.
frankly. what amounts to, no tolerana: policies oa~ tflbe addresses involved. He said he should point
out, as Ms . Galligan mentioned, thal in goina i.ct aw! ,fotng research on it, lhcY have found U1at in a
period or nine monUts. al the prime localloo. dlcrellave l'tt!I two calls for service 10 Uic police . For U1e
other adjoin In& propcnles. there have bcal I IOlal d ..-ui . He stated tlsit nine cans for service , for tile
typcS of problems that they know are existing tbffl:. ??al~ doesn, ser\·e eitl1er tile commwiities imcrest e,
our inlcrcst in tenns or being able to csablisb • crilcria tbr nuisance abatement concerns. He stated he
agrees wholehcanedly with Ms. Gallip,. 1h11 p,t,lic eduatlon is probably a necessity at this poim . And.
he said. l)u:y have a substation right doll1I ill die a,:a m:I they would be more than happy to meet \\itll tile
neighbor! collectively, individually . ir !a1IIS af tlleir c:oo=,s about U1e police coming 10 their doo r. Chief
Vandermcc poinlcd out that every police car thal -ba\-. is equipped with eHI phones, Uicrc is no need for
face to Clcc meetings between Lbc polia: and repmnillg parties ofc:rimes or service . He advised it is
important that U1ey have tile infomiatioa as to wllD 1s calling. primarily a phone nwnber. The officer can
nUlke a phone cnll 10 tile reponing party from Urar and have a pri,-atc conversation between the officer
ond the reponlng pany . TI1e subjccu oftllc calls far scni cc don~ need to know \\110 called the police , in
cases or disturbances and things like tha. In some .ases. he ad\ised. they need '"i tnesses. but absence of •
those wi111csscs doesn't tic their hands to"~ t"1ey can, do the ir job . It is a unique kind of environmcn~
he noted . TI1erc arc six individual privase addres"'5 grouped into on arc., th e si ze of one si ngle family
residence and u,11 by itself is going to crcarc mcn:112ffie There arc a lot or inlluences to tlint . They arc
aware or ii Md tl1ey arc taking a proacth'c Slal<%cm Iha,_ He ad,i scd they would be more Uian luippy to
meet "'th Uie community, tl1e people in tbc are:,.~ peq,lc that dri ve by the area He noted he did not tak:
exception to anything she said.
Council Member Nabholz said she just ll'1111cd llll.darif;, a couple of til ings . liuit when people do call the
police dlspotcher tl1ey need to verify and make it ;icrf<etly clear that they want co ntact by phone . 11011 is
why, she staled. a lot of those residents and that &'.S)'car ol d wom.,n ... becausc 1hen: has been a lack of
communication . whether it be on their pan or owrpan. she wanted to make it perfectly clear that we would
cont..ict them onl y by phone . And even it it w.as .1-writt::1 request . it comes back to haun t you . So . she
emphasized , we need to be real careful hen:. it isdDK to the school and we arc :ill ,-cry aware of the
situation, those of us th.it live righr there. She n:::c:mutod. to Ch ief Vandcrmcc. Lh.1t he h,1s taken a \'Cr\'
proactive stand and sh e applauds him for that 8nm: it has belled up ::igain and she is under the imprcSSion
that one of 111cm is out. It is time. she said. that ~ get back toget her and do wh :Uc\'e r they need 10 do for
this neighborhood . School will be out Friday. wlincn wi ll help. Sh e said they need to work on what they
need 10 do to get t1Lil olT the street . Chier Vandomla: s:,;d he saw it today too. Council Member Na bh olz
noled he was very bu sy in her two bl ocks and sllelhanked him. Ms . Na bhol z said she applauds the police
and fire departm cn ls for lhi s weekend. it was nom--srop
Chie f Vand enncc s1:i1ed !hey will do \\h.11 thcy m.::ed to Co to 111i11:i1e the co mmum ca 11on \\'Hh the neighbo rs
and ilddress tl1 c issue Co w1cil Member N:lbholz and ~\a~or Bums tl1..111kcd IUm
(c) Jc.1r. Man in, 3190 South Wash'lngton StrecL staled she hn s one 1lmnk you . 1wo questions ,
two fc.1rs , four commc:111 s and fi\'c concxms. She S3Jd s.'1c wamed 10 th:mk th e Fire Dcp:inmeru fo ;-bei ng so •
res ponsive 10 protccling her addition 10 her new !muse. \\ he n the fire h.ippcncd on June )rd• I( \\ as \'C ry
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1:.c1ewood Clly Council
July 6, IPH ••cc,
good and sl,c WU5 plcnsk with ihat and she ,vantcci 10 tlw1lt them ror that , Ms. Manin no«ccl that is i.
thank you to the Fire Department. Second ot all, she said, st,e has n,'O qllffllons. Every quar1<r wi-*
ge~ her ~tr bill s~e signed up to get something from the City , She asked what she wu 2:tting. C-=iJ
M~mlitr W~oncr asked ltet 'if lh.lt was the C<lndl!te Replacement Prosmm. Ms , Mnrtlri IOid yes ..,.
asked -tlial jJiai means. what she is pa)ing ror. City Manager Scars snid tl141 Director Esterly could -
thatq~on.
Diredor Eslerly noted Uutt could be very lengthy . Weil . Ms, Manin said ... brief, Mr, Eitcrly gavt Ms.
Mnni~ his business card and nskccl th.11 she call him tomorrow or she could spc:ok to one of his msociams ill
his office , Ms . Martin said okay .
Council Member Nabholz advised Ms . Mrutin th.nl it saves her the cost of repairing. bidding out for the-
replacement of her concrctc ... in a nutshell . TI1c City comes in. you buy into the Utili:y and the Ciry
con,c In and r<placc it
Ms . Martin said, as Ms. Nabholt knows, th.11 sl1e did an addition to her house . She asked Council Med!er
Nabholz irshe got anything from this or irshc had to pay for ii hmclLto h.ive drivewny or concrett«
whatever . No, Ms. Nabholz advised. Uiat is not pal1 of it. Oka y. Ms . M.'ll'lin s:iid. she just wanted to
know ... that is line . Mayor Bums cxplainctf th.it it Pl'C\'C nts you from h:'l\~ng to p:1y the whole amoa.nt 21
once.
Ms . Martin asked what was goin g on with the wolcr. W11y docs she ha\'c to go to Nebrn<ka 10 ,e;,t bu_
from Canad:l? Mayor Bums advised th.11 we have a new ,va1c1 trcmmcnt plant just coming out of the
ground. a conside;ablc new facility , He askccl irshe was L1lking abour L1st o and odor problems. Ms.
Martin said evcrything ... color. taste, smcll ... you name it. Mayor Bums asked ir she lc,d talked 10 the
Water Dcpartmcnl Ms. Mnnin ;.,id they gave her _this lilllc u011le 10 put in her clothes so th~• don, 1mm
brown , Mayor Bums advised that U,c reaS<'n we arc doing this , consi derable, additional expansion .. tliis is
a two year project for die City, it will be complctr<I In l"'O yc.m and tlc11 is 10 address the taste and a&.
problems. along wiU, other Federal regulations with regard 10 giordia and crytosporidla and that kind a£
thing in the waler, th.it hm'c been serious problems in other chic s. But 1hc iden here i!'l lo cor1~iderabfy
improve and possibl y cradic.1tc our taste Md odor prob 1cms, whi ch ndmincdly we hnvc had 111 th e Cuy for
many year.;. So tlutl he noted , is a consi derable project thar lias just gollcn undcn,·ay.
Ms, Manin said when you lc1d U1c problem with the stJnglc sm,11 . which we couldn1 drink or smell or do
an)1hing, Uutt she bought bottled water . She advised she deducted SI0 .00 from her bill for U,c warcr Ths
stayed on her record for a ye.1 r and fin;1lly she p;1id the S 10.00. ~cause she wns sick of seein g it. Why~ •sbc
asked . Mayor Bums nolcd th,11 al th e time thal occurred JCC.lusc of a fire . Your problem. not mine.~
Martin said, yo u owe me S I0 .00 .
Ms . Martin advised tltat everything that woman saia over there . she agree s with ... where ever she \\--::ts" ithe
wo111Dn before her. About fc.1rs nnd poli ce and wh.1t have you . She no1ed she is the cnpu1in of her bllJI.X.
that sh e had a block party and nobod y. because there happened lo be a wedding or wh :uevcr. showed a;, at
the block pany. But she still h.1d 10 ralk 10 Ms. Nnbholz aboui her house . because they were going to
Ne~raska for the weckcnd .. .fcnr ofit be ing on fire , whntc,·cr , bc cansc of the fireworks . Ms . Manin
advised that she called the Fire Dcpartmcn l :11 le.1st twice before she left . 10 complain about the
neighborhood . Now she was no1 there 1hi s weekend :md. she s.1id. Llt.mk God when she got there S~•
her hou se was there . So. she s.1id. she nould gt.,:SS that is n thank you Bec:n :sc on her way ou t ofmw11
she stopped at the Chc s.1 pcake Bagel pla ce and mentio ned to 1wo co ps 10 please watch her house
TI1e olh er thing. Ms. M,1ni n s.1i d, is that she li \'CS across the stree t from the city c u e. Swedish . w~'CJ".
TI1 ey had a fire thal burned down bushes th,11 tJ1ey ca n't h,we an~ more . which she happened to s..-c and
• rcpon and that wa s taken care of. She not ed the main fear she has ,\i tJ1 that is lhm she also had a fire ;z ti er
lqlewood Cky C-.1
JIiiy 6, 1991 ••••
1i nu.oJ th J [)ou n il nl
lt(l(II ,,l tldl ,
i-from lcaws M-Ut ... 0111 the py didn't pay hrr MY mollC)', bu t he 1>Tote her a Jeucr and
1h11 L, akay ... 11111 ..._ .a.t-,, arc the same as what thi1 lad? nns said .
She said this.., ilcl _. ad lhe pvc Couocll _bcr quellions. now '°!"'l ~pmments . _She note<! ~e 10,ld
COUDCil aboul die Jjls ...,_ me 111m and the child can, center. When ti]•• fir: "''" goang on wli!j Ch~er.
the kids wert11ll -.cliog awidc yelling rue. nn:, fin:. fin: ... which is fine . TIW1ks 10 01e Fin: Dcpruimenl.
she got her kids,_ a(llr:r bam;c, which i• stop, roll and whatcvtr and Oocy got out ... which is fine . So
whatever mobile,......, lllllt !dis the people how to do it. is gopd ... keep doing Omt. She maintained
lbat evc,yonc sllo.ld laoc dm. C\-crywherc. Because. she said, she yelled fin:. fire . fire and got her kids
out and she was out a(locr bamic from 7:30 to 2:00 on Jw,c J"'. II just so happened 0"11 her father was
coming the"""' day 6om New Jersey and he didn 't appreciate Ooe house not being clcan ... lhat she sald, is
her problem.
Oka y, she Slid, .. sbc said sbc is the captain of the block and she talks to Nancy Peterson quite a bit and
solJIC otlk:r people. Sk tg,ud on what tl"11 woman said. 0"11 was her Ooird and she talked 10 Ooe police
ablUI going out oCtow._ Tilaoc. she said, arc her tloank you's, her fear.;, her~ucstions. her co111111en1S. Now
shs noted, sbc bas -ooaccms and her main concern is that she is a resident of Oois town for over ten
ycan. she is a ~......-atEnaJcwood High School, a good one . She 51atcd 0"1t when she comes
then: tiley arc pad ID -her IOIIIC kids will ne·,er be glad lo sec a sub . Only because ,he was a
paraprofessional and* tr.11aod at Denver East Bronco Academ y .. .John Elwa y ... love ly person . Now. Mi.
Martin said. her big «-En is about Oocsc code enfon:cmcnl people. One montlt she said. tlois woman Iha•
she bas complained Im been harassing bcr and her lwsband ... onc mono,. Ms . Marti p odviscd that
,he is also a mathcm:.iaciaa and a aatistician. She said she has been here ten yc.,rs . One out oftwel,e
months. oompaml to ac out cl a 120 ... she stated she is thinking about moving to Nebraska. She asked
wh y ,he should haw ID Jllll\'C 10 Neb!USka because of a Ms. Wilson. She asked if 01ey ca n tell her. M>yor
Bwus advised that sbc.-lladD't gi\'Cn him enough infonn.1tion 10 respond and there is a lot or s.1rc:u:111 in her
clcliverv . Ms. Manin-iI A.an Nabholz could help her out with Olis . Council Member Nabholz said
that the only thing 5be caa ICU him is that Jean Martin has sho\\11 up at her door sc,·er:,J e,·enings, very
upset in n:g.ull toa code cuforccmcnt officer. Ms. Nabholz said she thought tl.il was some tloing lhry ca n
meet "'ilh our code calon:tmcot people about. Mayor Bums noted Oocy can focili1a1e tl oa1.
Mi. Manin stated that loacomplaint isshe is working on an addition lo her housc ... Ms . Na bholz knows
about additions. Ms. ~tartin said to make a long story short th.11 what is going on is that her father was here
from New Jersey :uod be said •i>o is that \\oman sitting there looking. laking notes , 1:ii :ing pictun,s, putting
green lhings on ID)' lJ'OC. Sbc said sbc tole' him she didn't know. She ,,dvisc:d she wen out of 101111 and all
ofa sudden tlocy ~-etllisblg •'hitc noticr. Ms . Martin stated 0"11 when I.any Med i,•a and Joyce Parsons
were lhc.tt. she didD't lD\.ic a.lade notices. And. she said. she had an at!,I\Uncnt \\i ii, Ms . Wilson :ibout l11is
and she .~en wrolc m progress Ms . Martin advised they fi .'icd up wh.it 1hcy tha t ghl was good and now all
of sudden the)• get 2 pmk sl.Jp. She said she \\'3111S to know what is trash and wlu t is not 1rash. especially
when ~ou arc bwldmg an add&Jion 10 you r house . TI 1..1t. she snid. is her big qucs1i on and con ce rn. And , she
asked . '!'hat authority ck, code enforcements h.wc . arc tl1C)' cops . City Man.,gcr Scars ad\'ised lhey have a
legal rc5J>Onsibility to c:mnrce.... Ms. Wil,on asked if they arc policeman . Cil) Mar"1gcr Scar> said no
they arc not Ms. Wil.scm emphasized she knows the policemen, her insurance person is a policeman. She
asked \\ ha1 is a code c:alort::cmcot. She said tell me . I want 10 know . Ma yo r Bum s explained 1h..1t a code
cnforttmcn1 office: bas the ability 10 ci1c for code \"iolations and to wam for code ,·io lations and if
ncccssary t11osc an be~ into a mu mcip.il coun TI,e inilial objective of code en for ce ment . he sai d.
is to ti)' to obtain c:oopcs:auon fro m the homcowucr to clc.,n up a situation that nppcars to be III vio lnli on of
the code . It is noL be s:wed... pnmari ly, to cite people or bring them into cou n . it is just 10 bring
compliance so th.-u v.c can 1.m;,ro"c th e appcar.1nce of !he co111111u11i1y . 111.11. he noted . is th e 111 •. 1in rc.1so 11
wh) \\C h.1\'C code cnfcrccm:m and why the c1u zcns arc so inte res ted in 11 and ,, h) we ha\·e a Code
Enforcement Task Fora: liw IS \\'Or~ing on thh, right now. Ms . Manin asked \\hO 1s the Task Force
Ma~or Bums said t.b:lf. arc about JS members of 111.11 Tas.c. Force . Ms. Manin asked ho,, she co uld jo in .
Ma)or Bums ilChi.'i!Cd she cod:1 talk to the st.1 fT. that he didn't know if the re arc an~ opcnm gs on the Code
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l ■atewood City Council
July 6, 19111
Pa&e9
h:wuo) St) Imo# I• n
>J\'1 11,tl 'llul
or,; 11
Enforcement Tosic Force at Ui, momen~ U1e City Council fills thole polilaaus aad Uicy had several of Uicm
filled in June, as he r=lls. when they ls1d some ncanc:icll 1 c:-11 Mam!lcB Nabbolz and Bradsl111,v
advised that Council will interview ,gain in J:1111.ary. City Manager Sears aid they could also provi~.., ~..,
a time Md schedule of when they meet , because Ibey an: welcoming lllcx l);pcs of commenlS from pc>plc .
Ms . Martin osked if code enforcement people con, to tbcsc ma:iillp. C'II)' .Mlmagcr Scars said, for too
most JW1, yes. Okay, Ms . Manin said. when is their next mccting? Ma}os Bcms said he can't tell her for
sure. but that she can cenainly Orid thnt out from llalf.
But , City Manager Scars explained. Ut:tt he though! Uic intcat o( lllcw. ~ ,.,,. 10 L1lk about iJsuos
that arc unifom1 U1r0ughout Uic Cit y. not 10 just bcf2le one indi,idual or amcthcr 1Ddivid1ml. Ms. Manin
said she is nor, she just wants to know the rules . Mr. Scars said he think5 ii i s 10 talk about these h])C5 of
issues. bcatuse they arc somewhat unifonu U1r0ughoul tllC City. Se"" Clllodeydop policicuud t lll \•rcc
unifonn ' ,. City Manager Scars advised they c:,n provide Ms . Manin with die spe;'.!ic date and umt . He
said as ho understands they meet on about a monUdy basis. Council McmNr Bsadshaw n111cd ·• could
cal ! 1he City Manager's office tomorrow . Sure. Mr. Scars said . or lhcy c.in contact her if she would tivc us
her telephone number, Ms. Martin said thnt Ms. Nabbolz knows when: she 11,-cs.
Ms . Martin said that the other question she h,1d is wlat kind or qual ifi c::uior.s do these code t:nfora:rs ha\'e,
She asked if UlC)I arc e., policeman. fired from Olhcr forus.riCity Ma nager Scan SllglOstcd dlal ems
Olson answer th,11 question .
Director QJ50n stnted thnl he would be IL.1ppy 10 tac Ms. Manm's co~ a, a \\nnen form so they can
respond 10 t'tcm . He s.1id he knows thal she has a lot or issues and reall y UlC wm: bctor jusl Y.ill nol aJlow
ltlm to rcspol'd 10 these . He asked U,11 she get them to him in wri1ing. !>k Moran asked who he was . Mr.
Olson explain~ th,11 he was the Direc1or of Safety Services and 1hc code c.nkircemcnt people work for him
and they arc qu.1lli:cd . Director Olson opined th:11 lhis is lhc bcsl w.:1y 10 dc:iJ with lh1s. he just can't address
all of these issues tonig.111, but if she would do this for u. be would be ha~ ~ ta.kc care of iL Council
Member Brndshmv asked if Mr 0:.>0 11 would give her a ~rd. Di rtt1o r Olso -s.ud sure, th,1 1 he would lalk
to her.
8. Communications, Procl:tmations and Appointments
(a) and (b) A reso luti on appointin g J. L. Barnes 10 the En gl.,,.0od Clean, Green and Proud
Commi ss ion and a rcsolulion rc,ppoimin g J. L. Barnes to the Englewood Llc;µior Licaising Authority were
considered .
111c rcsol ..:t ,ons were assigned nu mbers and read by 1iUC:
C•l RESOLUTION NO . 57. SERIES OF 199S
A RESOLIJTION APPOINTIN G J.L. BARNES TO THE CLEAN. GREE N .... SD PRO UD
COMMISSION FOR THE CITY OF ENGLEWOOD . COLORADO.
(b) RESOLUT ION NO . 58 . SERIES OF 1998
A RESOLUTIO N REA PPOI NT J'I(, J L. BARNE S ·;o TilE ENGL E\\ OOD LlQCO R LICENSING
AUTHORITY FOR THE CITY OF ENG LEW'lOfJ . COLORADO .
COUNCIL MEMBER WAGGONER MOVEll, AND IT WAS S£CON:D a> >O APPROV E
AGENDA 11 £M S 8 (a) AND (h) • RE SOLUTION NO. 57 , SERIES OF 1""11 A~D RESOLUTION
NO. 58, SER IES OF 1~98.
A)CS . Coun ci l Me mbers Nabhol z. GanctL Brad.,.hm\lo. Waggoner. Clapp .
Bums
~CltyCCN1o;<II
.hly6, '"' .... ,o
Nays :
Absent
None
Council Member Habenicl11 ,.
Mayor Bum1 llllnked Ml. Barnes for her willingness 10 ser.·c on 1wo bonrds.
I nun) ti ) hito,nf:,nl
Ml'e J ,1t nul
'''J.!f&/1
I I
Mayor Bums prcscnlcd a ccnific:lle for each appoin11ne111 and City pins lo Ms . Barnes.
(c)
consideled.
A rosclulion i:p poinling Carol Bell lo U10 Englewood Public Library Board was
The n,solllUCl<l was assigned a number and !<ad by lille:
RESOLITl'ION NO. 59, SERJES OF 1998
A RESOLUTION APPOINTING CAROL BELT TO THE PUBLIC LIBRARY BOARD FOR THE CITY
Of ENGLEWOOD . COLORADO .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 8 lC) -RESOLUTION NO. 59, SERIES OF 1998.
Ayes : Council Members Nabholz. Gam:tl Bradshaw. Wagg01•cr. Clapp.
Bums
Nays : None
Absent Council Member Hnbcnichl
Mocioncalried.
Mayor Bums prescnlcd a ccnificate and Cily pin I<> Ms . Bell
(d) A resolution appoiating Janel Berens 10 U1e Englewood Clean. Grctn and Proud
Commission was considered .
The resolution was assigned a nwnbcr nnd read by 1itlc:
RESOLIJT ,ON NO . 60, SERlfS OF 1998
A RESOLUTION APPOINTING JANET BERENS TO THE CLEAN. GREEN AND PROUD
COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO .
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENl!A ITEM 8 (d) • RESOLUTION NO. 60, SERIES OF 1998.
Morion carried .
Ayes: Cou1>,il Members Nabholz . Garrell. Bradshaw, Waggoner. Clapp,
Bums
Nays : None
Abscnr: Cou ncil Member Hnbcnicht
Mayor Bums prcscnt:d a ccrtilica1c and City pin to Ms . Berens .
(e)
oonsidcn:d .
A rcsoluuon appointing Robert Cassidy to th e Englewood Water and Sewer Board wa;
The resolution was assigned n number and read hy ritlc :
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EnaltWIJl~I City \.ouncll
July 6, 19VB
P•&• II
uo'J -,rn l111u,.,1f:,11·•t
8l'('I ,11 ,luL
ti ?;ac'l
RESOLlJl'ION NO . 61 , SERIES OF 1991 'II
A RESOLtmON AP"OllmNO ROBERT CASSIDYT011!1! WATER AND SEWER BOARD FOR
THE CITY OF ENGLEWOOD. COLORADO .
COUNCIL MEMBER BRADSHAW MOVED, AND fTWAS SECONDED, TO APPROVE
AGENDA ITEM 8 (t) • RESOLUTION NO. 61, S£RIES OF 1998.
Motion carried .
Ayes : Council MelJlb<n Nallbolz. Garrell Bmdshnw. Waggonec. Clnpp ,
Bums
Nays : None
Absenl: Council Mcmb<r Habenicht
Mayor Bums presented a certificate and Ci iy pin to Mr. C2smf.
(0 A r=lution appointing Julia Cicb""'1! as a youth member to the Engle\\Ood Parks and
Recreation Commission was considered.
The reso lution wns assigned a number and read by tl:!lc :
RES OLUTION NO . 62, SERIES OF 1998
A RESOLUTION APPOINTING JULIA ClEBlERA AS A YOU1ll MEMBER OF THE PARKS AND
RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO .
.,
COUNCIL MEMBER NABHOLZ MOVED , A,'\"11 ff WAS SECONDED, TO APPROVE AGENDA
ITEM 8 (0 -RESOLUTION NO. 62, SERIES or I-.
Motion carried .
Ayes : Council Memtco Nabholz. Gamtl Bmdsls1w. Waggoner, Clapp ,
Bums
Nays: None
Absent : Council Mcmba Habenicht
Mayor Bums presented a a,nilicate and City pin to~~ Cicbicra.
(g)
co nsidered ,
A resolution appointing Jud} Cowt'l\right lO the Englewood Publi c Libral'),· Bo.1 rd was
The resolution was assigned a number and read ~ ot:a::
RESOLUTION NO . 63 . SERIES OF 1998
A RESOLUTION APPOINTING JUDY COlJRT'-'RjQ lff TO THE PUBLIC LIBRAR Y BOARD FOR
THE CITY OF ENGLEWOOD , COLORADO .
COUNCIL MEMBER BRADSH l.,W MOVED, A.'\'D IT WAS SECONDED. TO APPROVE
AGENDA ITEM 8 (g) · RESOLu :·roN NO. 6J , SERIES OF 1998.
Ayes : Coun ci l Membco Nabholz. Gnrrcll Bradsl ,1 w. Waggone r. Clapp ,
Bums
Nays : None
Absc:111: Council Member H.ibcnkht
lepewood City Council
July 6, 1!198
Pap 12
him 1 > flt li "-:,J:inl
MOl'I ,~tluL
If 10,;'f
Mayor Bums presented a certificate and City pin to Ms . Coun11riaht .
(b) A raolutloll appoinlin& Nicole Davi, u a you~, lllClllbcr 10 the En&Jewood Parki and
Rccrcot.ion Commission was considered .
The resolution was wisncd a nwnb<r nnd rood by tit lo, ;, II ( I Y,11 )i 1 11 "
~n tn
RESOLtrrlON NO . 64, SERIES OF 19 9H
A RESOLUTION APPOINTING NICOLE DA VIS AS A YOITTH MEMBER OF THE PARKS AND
RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO.
COUNCIL ME~IBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 8 (h) • RESOLUTION NO. 6~. SElllES OF 1991.
Motion carried.
A)cs : Council Members Nabholz. Garret~ Bradshaw. Waggoner. Clapp,
Bums
l',!'>\!i: None
Ab sent: Council Member H:1bcnicht
Ms. Ciebicrn accept .-i i tl?c ccnific:uc and City pin on behalf of Ms. Davis .
11)
(i) I, resolution reappointing Emmcn Ducmkc to the Englewood Downto\\n Oe\'clopmcat
Authority was considCRd.
The raolution •MIS assigned a •IUl!ber and read by title : II
RESOLUTION NO. 6S , SERIES OF 1998
A RESOLUTION REAPPOINTING EMMETT DUEMKE TO THE DOWNTOWN DEVELOPMENT
AUTHORITY FOR THE CITY OF ENGLEWOOD , COLORADO.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS S!:CONDED, TO APPROVE
AGENDA ITEM 8 (I)· RESOLUTION NO. 65, SERIES OF 1998.
A~cs : Council Membe rs Nnbhol z. G~l. Bradshaw, Waggoner. Clapp.
Bums
Nays : None
Absent Council Member H:1bcnich1
Motion carried .
(i) A resolution :1ppoi111ing Jncquclin c Edwards to Lhc Englewood Clc.111. Green and Proud
Commission ,,ns considered .
The rcsolu1ion \\as assigned :1 number and read by 1111c.
RESOLITTION NO . 66, SERIES OF 1998
A RESOLlJflON APPOINTING JACQUELINE EDWARDS TO THE CLEAN . GREEN AND PROUD
COMI-HSSION FOR THE CITY OF ENGLEWOOD . COLORADO .
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 8 (j) • RESOLUTION NO. 66, SERIES OF 1998.
A~cs : Council Members Nabhol z. Garrett Br:1dsh.1". Wa ggo ner. Clapp ,
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!aslewOOd Cltv Countll
July 6, 1999 •
Page 13
Nays :
Absent :
Motion carried .
1m111 I ,11) l,un,, 11<1
K~~ , l tlol
•I .. ~
.... If 11,11 /.11 )1 110, 11 tf (
Nae ~ ll llltl st f.tL, Cl
C-,dl Member Habenicht
Mayor Burns presented a ccrtifu:atc -1 Cit} pin to Ms. Edwards .
(k) A resolution appo uxing SIC\"C Finer to the Englewood Downlown Dc \'clo pmcnt
Authority was considered.
The resolution was assigned a numbu -rad by tiUc :
RESOLUTION NO . 67 . SERIES OF 1998
A RESOLUTION APPOINTING SJcVEN FINER TO THE ENGLEWOOD DOWNTOWN
DEVELOPMEITT AUTHORITY.
COUNCIL MEMBER WAGGONU MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM I (k) -R£SOLU110N NO. '7, SERIES OF 1991.
Ayes : c-.cil Members Nabholz. Gamtt Brndshaw. Wnggoncr. Clapp.
Bums
Nays : Nome
Absent: COUIICil Member Habeni cht
Motion carried .
(I) A resolution rc3ppo inring Barbara Four ro the Englewood Liquor Licensing Authority
was considered .
The resolution was assigned a number .md rCld by title :
RESOLUTIO N NO . 68. SERIES OF 1998
A RESOLUTION REAPPOINTING BARBARA FOUT TO THE ENGLEWOOD uocor LICENSING
AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVr
AGENDA ITEM 8 0)-RESOLUTIOS NO. 68. SERIES OF 1998.
Ayes : Ccuncil Members Nabholz. Garrett Bradsl.iw. Wagg oner. Clapp.
Bums
Nays : Nooe
Absent: COWJOI Membe r Habcnicl~
Motion carried .
(m) A resolutio n appoinun! Cole Ha~ duk to tJ1e Englewood Planning :ind Zoning
Commission was oonsidc.-rcd .
111c rc so huion was ass igned a nwnbc:r and rc::id b~ tillc :
RESOLUTION NO. 69, SERIES OF 19'>11
A RESOLUTION APPOINTING COLE HAYDUK TO THE PLANNING AND ZONING
COMMISSION FOR THE CITY OF ENG.EWOOD. COLORADO .
En1lewood City Councll
July 6, 1998 .. ..,,.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED , TO APPROVE
AGENDA ITEM 8 (m) -RESOLUTION NO. 69, SERIES OF 1998.
Ayes: Council Members Nabllolz. Garrell Bradshaw, Wauoner. Clapp.
Burns
Noys : None
Absent Council Member Habcniclu
Motion carried .
Mayor Bums prcscnlcd a ccrtifica1e and Cil)' pin 10 Mr. Hayduk .
(n) and (o) A rcsclu1ion reappointing Mike Heberling as a you1h member 10 the~
Public Libr:uy Board and a rcsolulion appointing Mike Heberling as a yo ulh liaison 10 lhc Englewood
Cullurnl Ans Comntission were co nsidered .
The resolutions were assigned a number and read by 1iUc :
(n) RESOLUTION NO . 70, SERIES OF 1998
A RESOLUTION REAPPOINTING MICHAEL HEBBRLING AS YOUTH MEMBER T0 THE P\BJC
LIBRARY BOARD FOR TIIE CITY OF ENGLEWOOD. COLORADO.
(o) RESOLUTIO N NO. 71, SERIES uF 1998
A RESOLlITION APPOINTING MIKE HEBERLING AS A YOUTH LIAISON TO TIIE CULTURAL
ARTS COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO .
COUNCD, MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEMS 8 (n) AND (o) -RESOLUTION NO. 70, SERIES OF 1998 AND RESOLUTION
NO. 71, SERIES OF 1998,
Ayes :
Nays :
Absent
Motion carried
Council Mcmbc1' Nabholz. Garrell Bradshaw, Waggoner. Clapp.
Bums
None
Council Member Hnbcnicht
Mayor Bums noted th.11 1hcy apprccimc Mr. Heberl ing taking on iU'IOthcr youth membership to go aioDg
with his sterling service 1hus far .
Mayo.-Bums presented a ccnificalc for e.1ch appoin11ncn1 and a City pin to Mr. Hebe rling.
(p) A resolution :1ppoin1ing No nnn Holmberg 10 the EngJewood Election Commiss101J1 V.'35
consi dered .
The resolution wns assigned a nwnbcr and rend by title :
RESOLUTION NO . 72, SERIES OF 1998
A RESOLlITION APPOINTING NORMA HOLMBERG TO THE ENGLEWOOD ELECTI01'
COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, 'f() APPROV[
AGENDA ITEM 8 (11) -RESOLUTION NO. 72, SERIES OF 1998.
Ayes : Council Members Nabholz. Garrell. Bradsh.1,,. Waggoner. CiaR).
•
•
•
•
•
-.....01.~~ouncll
Joily',mt
Paa,tlS
Nays :
Absent:
Matioacaricd.
Bums
None
Council Member Habenicht
(q) A resolution appointing Rosemary LaPona 10 tlic Englewood Downtown Development
1\utbariry -considered.
The -was assigned a number and read by tide :
RESOLlJl'TOli"NO 7?, SERIESOF 1998
A RESOLl'TION APPOINTING ROSEMARY LAPORTA TO THE ENGLEWOOD DOWNTOWN
DEVELOPMENT A!JTHORITY .
COUNOL MEMBER WAGGONER MO\11:D, AND IT WAS SECONDED , TO APPROVE
AGENDA ITEM 8 (q) -RESOLUTION NO. 73, SERIES OF I 998,
Motioa carried.
A)cs: Council Members Nabholz. Garrell Bradsl-,w. Waggoner, Clapp .
Na~s-
Abscnt:
Bums
None
Council Member Habenicht
Mayor Bunts DDtCd ~· \\'Crc thamfuJ for Ms. LaPorta's interest in the down10"11 area. which extends over
some20ycars.
(tl A resolution recommending the appoin1men1 of Shawn Leo· .. J tn the Englewood
Housing Aloomy was pulled. Mayor Bums expl,ined tli:11 i1 is being pulled :iccass: the Housing
Authoriry m _,. met since he was n:commcndc:d 1"or appointmcnl and he is coming 10 the meeting on
Wed~ Dip and lhat will come up tile next tnnc.
(s) A resolution reappointing Corrin: Lind sc~ 10 the Englewood Cuilural Arts Comrniss10n
was considered.
The rc:sol uucm ,,..as assigned a nwnbcr and read by title :
RESOLtmON NO. 74 . SERIES OF 1998
A RESOL~ REAPPOINllNG CORRINE LINDSEY TO Tl1E CULTURAL ARTS COMMJS SION
FOR THE CITY OF ENGLEWOOD . COLORADO .
COUNCIL Ml:MBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITL~ I (s)-RESOLUTION NO. 74, SERIES OF 1998.
Mouon c:imcd.
A~·es-Counci l Members Nnbhol z. G:1rrct1. Brndshnw. W:iggoncr. Clapp .
Bums
None:
COltflCi l Member Habe11 icl 11
Mayor Bums DIIOCO:f Ms LmdSC) is \'Cl) in terested in the Cultura l Ar1s Commi ss ion ;uu.! !lie: \\an!cd 10
thank her for ,-olmlt!:ering 10 scr1·e ar;un
Enalewood City Council
July 6, 1998
, ••• 16
" > •••) ho.1t,-..l:a·f
IWl..'1 .,~ 111,11
,., ~,i'i
(I)
considered .
A n:solulion nppoin1ing Onie McCullough 10 1hc Malle) Center Trust Fwld was
The resolution was assi~nca a number and read by lillc :
RESOLUTION NO. 75, SERIES OF 1998
A RESOLUTION APPOINTING DALE MCCULLOUGH TO TilE MALLEY CE:S'TER TRUST FUND
BOARD FOR THE CITY OF ENGLEWOOD , COLORADO.
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SEC0l'"D£D, TO APPROVE
AGENDA ITEM 8 (I)· RESOLUTION NO. 75, SERIES OF 1998.
Motion carried .
(U)
considered .
Ayes : Council Membcn Nabhot,. Gam:tl Badsllaw. Waggoner. Clapp.
Bums
Nays : Non e
Absent Council Member Habcnicla , 1 1
A rcsolu1ion :ippointing Robin Ottoson to tJ1c EngJcwood Publ ic library Board w::is
The resolution was assigned a nwnbcr and read by title :
RESOLUTION NO . 76, SERIES OF 1998
A RESOLlJYION APPOINTING ROBIN OTTOSO .J TO THE PUBLIC LIB RAR Y BOARD FOR THE
CITY OF ENGLEWOOD , COLORADO .
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECOJ1o1>ED, TO APPROVE
AGENDA ITEM 8 (u) • RESOLUTION NO. 76, SERIES OF l'91.
Aye s: CounC'1l Members Nabhol7 .. Garrctl B.radsha"-Waggoner. Clapp.
Bums
Nays : None
Absent : Council Member H:tbcniclu
Motio n carried .
(v) A rcsolulion reappointing Gary Oxm:m to the Engle\ti.'C)Oj Oown1own Development
Authority was considered.
The resolution was assigned a num be r and rc.1d by titl e:
RESOLUTION NO. 77, SERIES OF 1998
A RESO LUTION REAPPOINTING GARY OXMAN TO THE OOWNTO \V:-DEVELOPMENT
AUTHORJTY FOR THE CITY OF ENGLEWOOD. COLORADO .
COUNCIL MEMBER BRADSHAW MOVED,AND IT WAS SECO~DED, TO APPROVE
AGENDA ITEM 8 (v) • RESOLUTION NO. 77, SERIES Of 1'198.
Aye s: Council Members Nabholz. G.1rrctL S:ra ds h.1 \\. Wa s gom:r. Clapp.
Bums
Nays : None
Abse nt : Council Member Habcniclll
Motion carried .
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•
•
Eopewl,od Clt,y Council
July 6, 1991
P•ce 17
11 nuv > (II l Uoow•,1:wJ
tWt:I fJ •lul
I ,:,i.•I
(w) A raolutioo roappointing Mallha Wa,ra ID Ute Englewood CullUrnl Aru CD111wwiDn
was consideral.
The raoluiion wu assigned a nwnbcr and n:ad by tillc :
RESOLUTION NO . 71. SERIES OF 1998
A RESOLUTION Rl!APPOINTING MARTHA WARNER TO THE CUL TUR AL ARTS COMMISSION
FOR THE CITY OF ENGLEWOOD , COLORADO .
COUNCIL MEMBER BRADSHAW MOVED , AND ITWAS SECONDED, TO APPROVE
AGENDA ITEM 8 (w) · RESOLUTION NO. 78, SERIES OF 1998.
Motion carried.
Ayes: Council Members Nabholz, Garret~ Bradshaw, Waggoner, Clapp,
Bums
Nays: None
Absent Council Member Hnbcnicht
(x) A rosolulion appoincing Dena Zoeller ID U1e Englewood Clean. Green and Proud
Commission was considered.
The resolution was assigned • nwnbcr and road bY tiUc:
RESOLUTION NO. 79, SERIES OF 1998
A RESOLUTION APPOINTING DENA ZOCHER TO THE CLEAN, GREEN AND PROUD
COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO.
COUNCIL ~MBER BRADSHAW MOVED, AND IT WAS SECONfJED, TO APPROVE
AGENDA ITEM 8 (1) -RESOLUTION NO. 79, SERIES OF I 998.
Motion carried.
Ayes : Council Members Nabholz, Garren. Bradshaw, Waggoner, Clapp,
Bums
Nays: None
Absent : Council Member Hnbcnicht
Mayor Bums presented a ccrtilicotc and City pin to Ms. Zoeller.
Council Member Bradshaw lhankcd U1cm all for ,·olunlccring 10 help U,e Cui .
On behalf of Council, Mayor Bums 1h.1nkcd all of the people who serve on our boards and commiss1ons .
He noted he is aJways amazed at how many peop le vo lunlo:f and what yeoman \\Ork th ey do and how
much thC) dedicate themselves 10 the iasks of the com miss io ns. Without their se rvice. he ~aid. the Ci1y
would not be able lo fu11c1 ion lhc way tlull it docs . He slal cd the scr\'icc they render 1s cxuemcly vahmblc
10 this comm unity and we rc.,lly do apprecinrc. it.
9. Public Hearing
E•1lcwood Cily C04111cll
July 6, 1998
Pap II
lnnu1 ) 1) lu111w1l;an•
Eee1 .,, 11ut
t I ,::1.-t
(•) Moyer Bums noted Uus was a public hcana& to pther citizen input o•, Council Bill No .
29, which would approve propolOd amendmcms 10 dlio Ciiy"'Englcli "• Tclccommw1ic.:11 ion 1
Ordlnance .
Council Member Gam:11 stepped ou1 or lhe meeting. ror die pmUc liearin&. bcca1UO he had • conflic1.
COUNCIL MEMBER BRADSHAW MOVED,AND IT WAS SECONDED, TO OPEN THE
PUBLIC HEARING TO GATHER CITIZEN INPUT OS COUNCIL BILL NO. 29, WHICH
WOULD APPROVE PROPOSED AMENDMENTS TO TIO CITY OF ENGLEWOOD'S
TELECOMMUNICATIONS ORDINANCE.
Ayes : Council Members Nabbdz. Bradshaw. Waggoner. Clapp . Bums
Nays : None
Absent: Council Me1nbcn Ganm. }bbcnlcbt
Molion carried and the public hearing opened .
All tcslimony wns given under oallt
Pl anning An.1lyS1 Brad Denning. prcscnled Proof or Pub hc:io.m or Sotice or Public Hconng wluch was
published in the EnglC\\ood Herald on June 5. 1998 He ad'nscd sufT rcqucs1s th.11 Council consider
amendments to Ute Engle"ood Comprchcnli,-e 1.oning Orda:mncc. 10 add 1ck:communica1Jons saandnrds in
the City 10 address lhe rapid gro\\th of the telccommuni cauam mdtUUy . Spec ifically . he nOlal. U,e
loc:11i on of wireless telecommunication lowers and facihnes.. He swcd dt.11 . as of Fcbru.1.1" 1997, Council
Bill No . 9 "~' enacted 10 CSlablish a temporary suspension cmu,c issuanc:c ofpcnnits for iJ,. construction
and installation of wireless telecommunication towers in the Ci~. nus morntorium was 10 pro,idc time for
City staff to collect informatior ,and revise zoning rcgubuoms pn)(ecting the community and lhc industry
•
interests . TI1c mor.uorium ended in November 1997 and. he said. ii w:is found th.111 the current zo ning •
u:gul!ttions wer<: lnadcqu:11c 10 deal ,.;th land use impoas ....:iated with these faciliti::s Mr. Denning
advised lhal U1e Office or NeighborhooJ and Business De.dopmen1 has continued to ""'e" the ,,,pons
from different conununiltf..!t to keep current "ith lhc issue. He opmed that lhc proposed standard: Council
is s:ei ng before them tonight offer on equitable. means 11,r lkinmutty carrtm to provide .,,rcless
communicati ::ms in the Ciry of l"nglewood for busincssa Zld dtiuns. TI,c foremost issues. m the
ordinance. arc those of loanion or 1hc facilities and l0\\1:%1. the co-localfon of an1cnnac. the m\'entones of
C.'tisting structwcs and tl 1t"' possible inccn1ivcs. Due 10 11.c 5?CC:i.lacd na1un: of this topic. lhc Ci1y
Allomcy's office appoinreo \Ir. Ken Fclhnan from Kissin g,,, and Fellman 10 draft a proposed ord inance by
working "ilh various City dt:,1nmcn1s. Mr. Fcllm.,n 1s bett1ooighL he said. and he nill address the
content of the ordinance . He also \\orkcd "ith the mdUSt.! a.ask force and some of 1hose members are here
11is evening as well , Mr. DcMing said . Mr. Fell nun !us JSSl.Slcd a ,-a.rietv of mW1icipalitics \\1th their
ordinances and also is a chai r of the FCC state and loc::iJ panment adv · .iOry committee. Mr. Denning
said he would 1ikc to inl:"oducc Mr. Fellman nglu RO\\. Uthc-t \\Crc no funhcr questiuns of staff
Ken Fellman. )773 Cherry Creek No nh Ori\'!!, lJcmcr. stJL...~ he is t.l,c City s consult.int thm has been
wc,rking 10 help put togc1hcr this ordinance . He s.iad. ~ wa'_'.I,· of a bri ef b.::ackground to put tlus w
perspective . th..it in 1996 Congress p.1sscd. and the Prcs1dem signed. t.l1l Telccommurn ca uons Act. nhich
wns a sweeping amendment of the Communic:uiom Aa o! ! 9J.t Scctio~ 10.i Jf 1hc 19% Act dealt w.::11
Jlc pl.1ccmcnt of wireless 1clccommunic.1 1ions facihu cs. he said. and most ,,f 1hc facilities l.Nlt we thmk {If
when we hcnr wireless facilities . arc cell phones. PCS phocc.. BuL he pointL-d out. it also m, ol\'es d.ig11a1
p.,gcrs and there arc new technologies on 1hc way hkc \llta:S!i modems and iOon you "11! be able to gel on
the lntcrr,cl from your laplop. wilh out an y \\Ires. as ~ou ill":: rlnnng down Hampden. In response 10
Council Member Bmdsh,,w. Mr. Fellm an agreed th.:u the ?,-"11.J cc m ll h.1,c the ir h,,nd s full \\llh t11.11 \\hen 11
h.1ppc-.1s. He explained t.h-11 Section 704 bas1 ca ll~ was~ rcu!inna11o n of loc.1 1 comrol o,cr tl1e land use
issues irivolvcd in Lhe siting of these facilities. ,, ith cen:w:. :wTO\\. si.bs1:uui'"e and procejural hm11m1ons
on local go;;crnmcnl ac tion. Mr. Fclln1.1n po1111cd out the: U:mtaoons arc 1ha1. as a Cit~. ~our ordinances
can no longer prohi bi t or h.,ve the affec t of prol11b i1111g the dell\c~ of wireless telccommunica11 011s •
•
lepewood City Coundl
July 6, 1998
Pace 19
nuuJ (fl"> ll :ur.11!,iR
P.P •J ,d rlul
o: ,:. 1
facilities in your commWlity, your regulations canno:..11nn:.u 1.o1~',ly discriminate agamst prO\idcrs of
functioually oquivolcnt ,aviccs, Cities an: no longer u1!0 •~~ :· consider thc cn\'iroruncnl:ll ctl'ec:IJ or
radio frequency cmiulon, in OOlllidorailon on plaocment of wireless facilities. 50 long as the racilitlcs mcct
the Federal ,w,dards for these emissions. You an: "'!uircd to act on applications. according to thc Stallllc.
within a =nab le period of time, which Congress has said is your nonnal period or time for dealing with
land use issues . lf you arc 10 deny any application it must be in writing, bnscd upon substantiaJ evidence in
a written record . Ho said, as Council will note, that the ordinance oullines that .ny dccisi,,11 . whether it be
approval or denial, will be in wriling. He noted Ulll Uic Telecommunication's Act ;:,,c,e , co,., ... :llities
around the counlr)' 10 step back and take a look al their 1.oning ordinances and 10 u; rr i 1go a -,11 ·vhclhcr
the ordinances were sufficient to handle the influx of focilitic., that were going to ,',•! : C.!';iuJ, • ~ -llOWld the
counuy. He said lhal, as they will note. just from driving arounrl U1c metro arta. the ·· arc ,• ,:hole lot more
towers than there worc five ;·oars ago or oven three yc:.m ago. The stall' here bas dor.c 111.u many
oommunilies hevc done, which is, take a look around U1e City lo tty to identify what ase:s would be l1l06I
appropriate to i.,,•c these l'lcilitics ... to Ir)' 10 create incentives, 10 encourage Cacilitics 10 ,o .. 1te in those
wning districts a,.J not in others. if at all possible . lltc ordinance crcaics nn adlniniSUilth c process for
applications and information that must be gi\'cn to 1he City stalT and Council for faciliu ,-s and contains
provisions 10 protect Uic public health nnd safely in conucclion 11iUt Ute construcuon of these facilities . He
ad\'iscd thal he was worked very cl05Cly over U1e past few months 11iU1 Brad Denning. or late 11ilh Nancy
Reid in the City Anorncy's office and wiUt a nwnbcr or other members or your staff. He said he lllllil ICII
Cooncil that they have beea vc,y coopcRtivc and U,cy 5!1ou!d be \'C')' proud or all or theru. that Ibey have
done a ~t jab. Mr. Fell" 111 advised they have done four or fi\'e drafts or Ulis ordiuancc and they have
worked with thc industry task J'oroc, u Mr. Denning mentioned. ll1cy rccci"cd some good input Crom the
industry and he commcnled that he would say they have incorporated the \'ast 1naJoril)' of the issues that
were raised. As is usually the case with these kinds or processos, he advised. you end up 11ith a belier
ordinance and you also end up with a couple or issues where vou r.nd up agreeing to disagree on something
thal Ute industry mi&!~ wan~ bul Ute City •ta!T might nol want to propose 10 Council. Mr. Fellman staled
that \\.'C-do have a couple of those. He said he would mention tomgl•1 some areas that Cowicil may be
bearing some ICSlimony on. as to a pos(ble concern. aud then he 11ould just open ii up 10 questions . He
said that it is his underslanding th.al one of the industry task force members h,1s a co ncern about the
pl'O\ision or the ordinance in Scclioo (C) ( JJ. which deals wilh prcc,isting lowers . ll1e section says U1:11 it'
a facility is preexisting it docs not need to comply wi1J1 ll1e rcquirciner.ts of l11e ordinance except for ... and
it lists ccnain subsections of Sectioo fG), subsections (JJ, (~J. (5), (6), (7), (8) aud Section (l). Section (G~
he C.'J>laincd. a,e the general guidelines nnd rcquircmcnls in the ordinance. He explained that U1osc include
the fcdcml rcquirc.mcnts requiring these tilings to mecl nil fodcml sL1ndnrds, radio freq ucnc; '!mission
standards. prohibiting !iignal in1crfcrcncc ... you don't wan1 facilities th.11 will be imcrfcnng \\,l11 yo ur public
safety communications, requiring Lhat modifications be made in such a way tl\Jt t11c~ do no1 cause
interference, prohibition of od\'crtising on lowers . and Section L which is also rcqwrcd of prcc.,1sting
towcrs ... requircs them lo be removed aficr a period of lime ir they arc abandoned . He s:ud tl 1s lu s
urnicrstanding t.h:lt there is a com .. 'Cm will1 st ':>section (G) (4). wtli,:h says lhat all 10\,ers. mclud111g
preexisting lowers . mUSl meet all applicable local building codes . TIIC. issue. as he understands u. is a
-~""Cem that Lllis shol,ld not be mode rctroacti\·c, ti.at if t11cre is a to,\cr l.11.11 got a pcnn11 t\\O ~ cars ago and
ii two years frorr. now tl1c building code changes. ll'-'1 ' t11at tower should not be required 10 be broughl into
compliance . The City Attorney's office asked him to research tl1e issue. he ad\"iscd . and Jus opinion based
upon that research, which he has pro,idcd to smff. is th.it in ccrt.1in e:t!-cs when It 1s or a co ncern for public
hcaJth and safety it is :ippropriale to require rctroacti \'C application or cenain codes that dc.11 \\i lh public
sarcty ... and lhc.rc is a case 0111 or 1hc Ci1 y of Bould er wllich required rc1ro.1c1i\e ap pl1ca11on of a fire code
dcaJmg wil.11 insta ll ation of sprinklers. in a propcny 1h.1 1 i:1cviousl) didn'l ha\C 11 .and :i ft er discussions
"ith st.1.ff llial i i is his opinion. and srntrs suggcs1io11, tho\i llus is a publi c sa re1 y conce rn to make sure th.al
the structural i111egri1y or towers arc m:1ima.111ed in a mannr r Lhat 1s co nsi sten t \\11.b "h.1 1c, er tl1e existing
standard for safety is at the time . So that is in 1he ord.inar.ce in Sccu on (G) (4). He slated that it 1s. in !Us
opinion. a policy decision whether you wan110 keep it t~1crc . He s.11 d tJ1ere Y.il S a con ce rn a mont11 or so
ago . as to whether Section (J). whic h deals wilh spccif,c permitted uses. was consistent \\1th Figure 1.
Fi~ I. al the end of lhc ordinance , basicall y outlines" l1.11 is a conditio nal use and" hat 1s a pcnnittcd
E ■aJewood City eo. •• u
July 6, 1998
Paae 10
h'rnu J 'iii ) l1ou u ,1 n:l
JH't'I 111 (lul
ti >tl 'I
us.,. He said he tlrinlu they...., added language lo s11bse.ii ," (;) ,51 hnd now all of,Scctio. (J),
subsccllons (I) throqh C'> areamsitlen! with Flgun,'I, "'IN! l,:<ic,,es that Issue hns been nddrelsed
&dequately. He asked if c-il had any ~ions of him II this lime. If they would like 10 hear O1her
1estlmony, ~• bid, he woalcfceuinly stick aniund and bc 'availablc for ;ae,lions nl whnle\/cr time !he
Council na!ds lo .IIOk !licm.
Mayor Bums noted that he aad M'r. Fellman spoke al lhe Colorado Municipal Le.,gue Conference aboui lhc
building code issue arrJ n:troa:li\ity. He opined lhal one of the time honored nrcns II.ii you can lsive
rttroactivily in municipols laws u the i!SUC! of public hcallh. welfare and safely . lfllun is reMonably
enfor=ble as a policy decisi= be felt they should apply it
Mr. Fellman advised tha1 ii iJ ill lhc,e DOW, that 11111 was ll1e resull of liis rcscon:h and ho shared 11 wllh !he
City Anomey's office and he 5olt they concur ... thal he would It.a Mt. Bro12n,,n spcnk for hims,!i ... but that
was !he is..'11e as he undcnwds it ..i be agreed with the way Mayor Bums~, scribed II .
Mayor Bums notca this was om: af the areas on whid1 Mr. Fellman gave a presentation on :.t the Metro
Mayofs Caucus in February. Ome ol"thc key areas of con=n was loc,11 decision making on zoning
qucstiOll' and controlling land-at lhe local level . wilhout having federal rcgulnlors try to prccinpl this
area by their regulation!. Gmmilly. Mayor Bunl! asked, haw a,~"~ doing in lhnt negnrd? He said he
knows he h,,s dl"ectuatcd -COIMlllllioation with the induslr),. thal p,eviously hldn'I been presenl in
Washington, on sorue of tber _,.. Mr. 1-e!lman said that gc,,erally he thinks we are doing prtttv well .
One of"lhc !lungs 11m appe:,n ill Section 704 is • J>,"'!.lVision on how disp1ncs are 10 be handled . Many
displl1'S, dealing \\ilh lhe tele0:>!nmunications industry and local govcmmcn1 end up al the FCC and thc1·
arc heard in an adminislJilti..-e-;,i...JCeSS. And of cour,c. he noted , for any communi~ in lhc country that is
outside the beltway. that mer-mving to lm\'Cl 10 lhe fon,m al "hich you r local practi= arc being
•
challenged and it does crc.1te-2barden. Section 704 requires 1h.11 any di~u1es o,·cr tJ,c pl.:lccment of •
wireless lclccommunications flcljtics arc to be heard in a loc::al court "i th juiisdiclion 0\'cr the communitv
that is dealing v.ith the issue. He said he would tell Council th.11 probnbly. in the laSl two years. there h.1\'~
been about twelve decisiom.. ax!!t of them district t.'OUrt decis;ons. wh ere a carrier h,,s challenged a local
government. Either s:iying the den~ was imp 1opcr or you have a morn1oriwn rind the mom1ori11111 is
improper and probably in aboua r-A1Hhinh or those o,scs 1he conns h,1,c held IIL1t 1hc local gove mmcn1
acted improperly and rcqu.imt.ebe placcmcn1 or 1.hc cons1rud!on of the tower or in some cases it was
putting a1tcnnas on:,: w:ucr t::mK In ~ut a third of the cases. he actvi!-Cd , the co1 1rts h,1,·e held 1h.11 the
cities ha\.'e :1ded prr :rlJ' in tk denial. Those cases arc starting 10 Identify what is the right wny 10 handl e
lhcse issues and wl.a:t is the wt::m! wa y to hnndlc th~ issues . He opined ii provi~ good guidance. ~!t.
Fellman noted that he gave a tr&. on that iuuc at the Conference for the anomey's sec1ion . He s.1id he can
:iltc:.t for our City Attorney th:m 'he w:is in nt1cnd.1nce and he hns n copy of that ot11line . He snid he is ve~·
confi dent th.it Englewood -..;n ~'tt erT on lhosc issues so long ns you take his advkc.
Council Member ":::tradsh.-Jw ~~many pl nccs ,,-c hnvc identified thar we would hnvc 10 ... shc askt:d
ifwc have done th.1t Mr. Fellman achi.s<d ii is not the c.,sc where you s.1 ~· ii h,,s 10 go here . here or here
He explained IMt what \\ill b:J;v:,en is. a canier will come in :ind sny we h:wc a hole in our system or ,,c
arc dropping too many ells or'WI: ha\'e so many cus1omers we need addilion.,I fncili1ics. and tlu:y idcn~
::::a rch rings nnd the)' \\ill say .-c need a si1c "ithin 1his geographic aren Wh at we h:l\'e sc t up is a process
to encourage either co-l0C.1tiot-J o n c.xisting f.icililics or localions on cxiS1ing st ructures . He noted if you can
put tJ1csc things on tlte side er 31 building ... if this was a building :ind you can put m1 :u11cnn.1 on 1he front
and p.1int ii the same color ycm dme by. :m d wiless yo u :tte looking fo r ii you do11'1 kno" it 1s there He
opined th31 is much bcner than • uilding n new 1c,wcr . So. he SAid. we hnvc crca1cd a proce ss \\ here ii is
easier to do foal . you CU1 get :J:OministrJ tfrc approval for lh,11. He opined thnL if ii will \\Ork for the
company. they will take the pru!h of kas1 resistance. ns will nil businesses . If he can gel the zoning officer
10 sign off on it and he docsn•~ tmvc to go to Plann ing and Zoning for npprovnl :, id then 10 Council for
approval , he would much rathc go I.he firsl way . Mr. Fcll111,1 n advised they Im . 1ri ed to create that kind of •
incenti\"C structure in this ordb:mno:. but ii •·,·ill rctlly depend on tJ,c rnaiv1cili'.ll m.•co:; of the co mp an~ as 10
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Enalcw ood Clly uuncll
July 6, 1998
•• ., 11
J bfKl,r,tl 11:f
M1'''' ,1\ hil
1!: t'l
where !hey netil I llicilily. He polnled ouc Choy may get an applltllion where.,.,,.._,, -in 8Dd sayr
we have 10 have Chis cower In 1h11 rcaldenUa I area, II Is Iha only woy 1hey will be ..._,. ...,.ide cove,ap.
Then II becomes , really, a lost of having your e,q,en look al lhclr' expert', repon.-lomrat kleCbnlcal ,
dala and hying 10 de1ermlna lf1hcy really need 1h11 or is Chere so me oll1Crll~
So, Council Member Bradshaw said, in some way we do malnrain aome local coamil. Mr. Fdhmn &aid
Chai is righL Ms . Bra~shaw nolcd lhal was whal she was U')1ng 10 get.
And, Mayor Bums poinlcd oul , some of lhcse can be camounaged , made ID look lite a cenaa ~ind of 1ree
or whatever. II has been done in some communllles. Mr. Fellman apeca ii ha& bcca done. He a01cd it is
much more expensive lo do it Chat way and he would caulion Council 1h11 ii is pralalHy 1ICll ~ or
good business to say you muse camoun mgc in every instance . But If Ille only sise pllllible II In a residential
area or near ft landmark In lhc communhy ... Moun I Vernon. George Washing1oa·1 -ill Yqinia. """
one oflhc first ones where Chey had a fake cree ond ~,cy ha,~ fake palm tn:a in~ and Plorida. If
you drive down I 25 on Monumcn1 Hill and y011 look on lh c \\CSI si de . 1hcrc an, a mope ol'lae Crees
there . If you look real cl ose you can lcll they an: clearl y fake . bu1 agai n. he sai d. 1f 1ou nrcjust drhing by
you don~ notice it. Whereas o ~eel monopole p.,iutcd grn y wo uld be an eyeso re.
Council Member Waggoner asked ifthis industry was a,nsidercd :i uuliry. Mr. Fdlmu sated it is no1 a
public utility, under our Publ ic Utility S1a1utes. Mr. Wn gg onc r said our onlinana lar foes is just Slrictly
ulility Ulen, not public ulility . And , C11y Allomcy Brotzman advised. )'OU an, bailJliiot a fee in wilh this
specific ordinance, Mr. Fellman nolcd !here Is an adminiscrative fee lhal is charged 10 I"' ODO oflhcse
pcmtilS. Council Member Waggoner said he undcl'Slands lhaL bu t he asked """'' all cililics in the Ci~•
of Englewood required 10 pa)' a fee for lhc collection of scni cc ... a scni cc fcc l)'P" lhing. in addition 10
!his. City Anorncy Brolzman said 1h11 is righl aud lh is won 'I be . Mr. Waggoner 5'li4 Chis is 1101 n iwli~·
then. Mr. Brotzman said that is correct .
Ma yor Bums asked if Council had any other qucs1ions of Mr. Fellman . Then M<e aone,
AM Closser. 4720 Tabl e Mesa Drive . Suil c F, Boulder. Col orad o. tol d Cou ncil dta ,t,c was representin g
Air Touch CeUuL,r and is a land use consultant ror Air Touch . She s.1id she agrees •·holcheanedl y \\i lh
Mr. Denning 's statement that he feels the Cit y has come to an eq uita ble means. :1U"OUgh thas ordinance . 10
proV1de tclccommunications services to those residing or working '"i thio Olis JaJllicipcali ry. She
commented that the ordinance is very weU ,vriucn . howev er. co nsistent ~ilh wha1 Mr. Fellman had to sav ,
lhcrc arc juSI n few areas in which we ho ve respectfull y agreed 10 disagr<c. One an:a ia rally nol ·
substantive al all . it is just a m:1tter or clarilicat ion . She s.1id she is noc Slft "'~ ,ersioa they are t\orking
wilh. bul she referred Council lo 16-5-29 (J), cac oflhc 1wo areas Mr. Fdlman rdemd to. Herc. specific
pcnnitted uses arc listed . she ad viscJ , and a question was ra ised about a month :Ind a half ago at the
Planning Commiss ion hearing, as to whct.l1C1 or not this list was co nclus ive and docs ic really compon ...,;th
lhc clwt. She asked Council lo flip over lo Figure I, point ing ou11ha 1 ii sllows .Uaf1hc zcnc districts and
indicates what kind or process is n~ry for the different kind s of facili ues She c:aHcd lhcir ancntion to
the bouom of the chart . under ruuenn.1e. and st.1 1ed thnt yo u ·,·c got mic~.1 ,c anr-mnas.. s:cc1 orized panel
anlcMOS. and whip an1cnnas . Ms . Closser referred back 10 Scc 1io n (J) \\here r vc chlTcrent ki nds of
fncilitics arc li sted th nt arc specifi cn hy pcnniued . M1 ~in g from this . she advised. ae the scctorizcd panel
and whip ant ennas a11d micro wave :rnten n.u . She s.1id she h,1s disc ussed th is "1th .Mr Fcll:nan . and he 1s of
the o~inion th.it the scc1 ori zed panel aJllcnna s and whip ameunas are included v..'itlun (J){J ) Paragra ph
U}(l) rcrcl"S to an1enn as on e:~is ti ng :1 1lema1ivc tower strucrurcs . she s:iid ~y. it sa~·s ~hat if you
h:lve an antenna , and you are loca ling it on an cxis1i ;1g ahcmnlivc towe r structure. ~·ou are a speci lically
rcmllned use . wh ich is consis1en1 with the chnn . She sa id Mr . Fellm,111 reasons tba1 in the defi niti on of
alt em.,ti vc tower structure . ii incl udes buildings. She said sh e docs not agree lha.l ~n captures scct ori zed
panel nn tcnnas and whip mu c,m as. becau se. in the deliniuon sect ion. buildm g and roof mou n1cd antennas
are give n scparalc definitions . so they arc parceled out for separate 1rc:umcnt. ~ att tn:atcd scpar.ucl y
on the ch.'111 ns scp:tratc categories , she sarcssed . If you rend through all the langmgc. she commen •i:d.
1..,...•CllyCou111:11
Jaly l, .,,. ...,.12 llmu J ,ti) lmo,nl~n:~
, t1t•1 d ,lul
It 'J"l,'I
wmdiu,a little laborious al Utis polnl. ii says 1bn11ou C11n od<(untnnnas 10 w, e~isting altcl)101ivc IOl'(er 1
str'IIICIIIM/., long ~ iulool nol projca a distance of more llwnlourtcon feet QUI from U1r, S\rul'Jµ,;c., Ml,
Ckmor aid die certainly docs noc bdiCl(eJho City of Englewood intends lo hn\'c n building mounlod
_. projecting out up•to. poaibly. fourteen feet , She said ,he wnlllod 10 reference U10 spccifio lanauaao
thal uys the antennas could be mounted on existing alternative tower stn1cturcs so long ns it is consistent
widlay 8jlplicobl e conditions of app,vvol for lhnl site. which p,cviously ha,·e been impose d by the City ,
She said she feels Utis paragraph is dealing specifically wilh 1110wnin1 anlCMas on ahemntive lower
su.tures, .. ,1uch an: lhc m,n-madc trees 1h01 we lolkcd about. Ms. Closser ad,iscd thnt she is nol asking
subslanlively for any chaogc 10 !he onlinance, bul ra 1hcr, for clarit y, since U1c kinds of uses that an, allowed
an: S!ICcifically spelled -She said she: sees no Pl'CJudiCC 10 jwisdiction whatsocl'cr. She opincp Uw Mr.
Fdlman was coeccmcd tlW .if you add a nwnbcr 6 and spell out Uw scctorizcd panel nntcnna shall be
al1-ed in any zone dislrict. and whip antennas, Uia1 he is aoing to be rc,;undan1, She suggested dial be
c:culdjusl pu1 Uiem in oac paragraph fM 11,e sccloriud and U••~hip. because they arc allo\\Cd anywhere.
and 9lco ..-r 7 could ,pccilically ce,,mera1c 11\C ZOflC ,dislriclS wherc UIOSC antennas were allowed. She
repeated tut she is only asking for chuily, 1101 for anything else.
Ms. Oosscr said she h.1d two 1norc points she would like to raise , She called Council '.s a111:mion to Section
16'-5-29 (GX3), TI1is paragraph essentially requires tlllll nll 1clcco1111nunica1ion facili1ios meet or c.,a cd the
cum:ot llalldards and rcgulalions of the FAA. 1hc FCC and any oU1er ugcncy of U1c federal govenunenl
wbd bas aatborily o,.., tllccc ins1allalions, Ms. Closser did not contest lh,11 pro,ision . however, if you
collblDC on. she said. Scaioll (G), paragraph (S) dc.ils wiU1 radio frcq11Cncy st.1ndards. n,c IW)glljlge in
this panicular paragraph rcquircs lhoL upon uppliaiti01~,lhc provid er submi1 a rcpo~ lhat indicmcs lhc
prcdicial lidd mcaswuoems oflhc instnllali ons in rcla1ion lo U1e HCC standards. Sheopincd lillll we
c:oaidjua rdy solely on lhc paragraph she quoted earlier, paragraph 3, where,_. h.1\e an obligation 10
coo:,ply with all FCC and FAA rcquire111cn1 s. which we arc required 10 dons a maner of fcderol law. If U1e
CR} 1s going to gel into issues such as RF emissions. it will prob.1bly be getting into an ar~ that il won 't
W3lll to be in\'olvcd wilh . She said she feels the federal govemmen1 h,1 s taken contro l of t.hesc issues . She
noced. as Mr. Fellman said earlier. one of tJ1c limiuuions of lhc Federal Telecommunic.'ltions Act on iocaJ
gO'lo'ClUJ"ICnlS is that you can't regulate ba sed on perceived hcnl1h effects She said she is not suggesting or
ge<m1g into Iha! arena. but she is sayifla 11,11 ii is a lillle rcd11'"11n1 and uM<CCssary . and again asked if 1hc
C~ really wants 10 get inlo those issues 1hn1 arc ICl!ly a niancr of federal jurisdic1io1t
LastJy. Ms. Closser said she beard Mayor Bums' com1ncnts nbout the retroactive a pplication of building
Clldo5. and, as Mr. Fdlman poinlcd oul, ll1a1 is U1c laSI nrc.1 lhnl we have agrcrd lu disagree on . Air Touch
talees no issue wholSOC\'Cr with Utis paragraph (3) in 16-5-29 (C)()). she as,,ncd. \\lU1 rcspcc110 U1c
rctroacti~-c applicntion of all of those enumerated sections. with the c:<ccp11O11 of buildmg codes. We feel
Ul31 Clhcr" dl!"Vclopcrs 3rC not requi red to rctroncth·cly apply or come ir.•·., compliance \\ill1 building codes.
she said. and. for this industry. il .see ms 1he 1rca1111c111 is somcwlmt unrair. When a fac11i~ is buil1, a
building pcnnil is secured and. befo re the site is tumcd on. there is a fin.,J inspection. "ltich verifies that
the snc is indeed in complian ce ,,1th opcrn1 1vc codes . To ask for additional requireme nts later on, if there
h2s been no change to the facili ty, l> not consistent witl1 Colorado L1\\, she said . For th e record, she said
she ,r.'OU.ld like to lodge tbcir wrincn cou ;plaint to tl1,at specific provision.
Ma,i"Or Bums asked Mr. Fellman if he l;a d nny commenls regarding th ese concerns.
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M: Fellman snid !hat the definition of amc1 :1t.a, in the definition section of this ordinance. s:1ys any
tr.tnsmining and/or receivi ng device . So " hil c l11erc nrc addi1ional definitions of roof 111ou111cd and
bolding mowned. an .uncmm is an}' kind of au1eiu1.u. Whe n we say installing an an1e1um on an cxis1ing
al.tiema tivc tower structure. and an allcma ti\'C tower sln1c111re is anyllung other th.an a IO\\er on which you
Cl2 put an antc1111.1. it speciCically s.1ys buildings arc one of I hose things. llmt is prctt~ clear. he opined .
~-kind of antenro is allowed on any existing al1cnm1 ive tower structure if it is con.s 1s1ent witl 1 the other
cooditions of appro\'al for th.11 struct w-c . He 1,aid he docs 1101 think we need to h.rn e an additionaJ section
tblla. says microwave antcmu1s arc also pcnnincd nnd whip antennas ore also pcnmttcd . He opined that tliat •
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Enpewood Clly Council
July 6, 199R
Pase 23
I,' .rli) lrnON1l:,i11t
£1'l'I ,J flul
f..1'1•1t.'I
would creale mon, confusion. Mr. Fellman poi,.c:d OUI. rq,adiag thc condition lhnt as long as it doc:sn·.
projc.t outwanl a distance of nlori lhan founcen l'eol, .... ....., ii ClllllC up at d,e Plnnnioa Comn ,i ;sion,
we actually had a lower number on an earlier dnft. One af Che industry reprcscn1n1ivcs sold tl1C) ,nJsfit
need more space , and 01111 these tilings miafu projOCI outWard longer, possibly to fourteen feet, >.. ,he
PlllMing Commission said fine , they could live with daL &liliid he agrees "itl1 Ms . Cl01scr that in moll
cases they rlo not project out that flu, but thc ,_ ii is ia6'ft is tl101 someone from the industry task
force asked for it and the Planning Comrnissioo did nae ...... pn,blcm .,;11, it.
Mr. Fellman said 01111 he was glad Ms. Closser rmc:d thc i:5lmc regarding federal compliance as set fonl1 in
(G)(J) and thc request for RF ernissions and the..,...-lhM a report be prO\idcd under (G)(S).
because lllat is an important issue . He allowed that he sltomld have mentioned it in rnore detail in his
prescntalion. If you have a public heari~g on ooc o(lbesc lilcililics. you will . almost guaranteed, have
citizens "''· if these things are going to cau,c Dllerfcoacr •il ...,..,.. .. ,, .. and gnrage doors, and whether
kids will be safe and express all kinds of heoldl..,,,.,... Mr. Fellman said you don 't '""'" tJ,e c.,pertlsc to
know if the standards arc too higl1 or too low. the federal .,.-crrunent docs set tllosc . A an c!,· ,,~ offici al,
when you tell a constituent that you cnnnot set the~ ii is because these arc 1:•.t ~·.·£.:ml srnndards
and lhc law says. if lhcy meet tl1c szandards. you cannot cansidcr tJ,c issue any furtJ1c , ,~ A. 1:d 1J1n1 .
when yoo say tha~ he should be able to add tl131 you ba,-e l>ccn assured. by test daL1 . uiat ;, .;-""li meet tile
standards, not simply a letter that says we arc obligated toa,mply willl tl1c fcderol sL'lndaros. ·111is
probably means that you may hn"c to hire an outside .. ....,. to ewllratc the infonnation and rcpon lhnt
tllis docs meet thl: federal standards, that is why you-• applicmion r.e•on tJicsc things. l,e saiil. But If
it is important to 'you 10 be ab le 10 murc the ckizcns -• fodoral standards ,.;11 be met. then you must
have• provision where they prove that the rec1cra1 -will be me t This will be a policy decision as
to how far you want to get into it, he added.
Mr. Fellman said he already talked about tl1c building codle issue so he Muld just leave tliat unless Council
had specific question~
There were no further questions and there was no one drpaent to spc:1k to the issue.
COUNCIL MEMBER WAGGONER MOVED, AND rrwAS SECONDED, TO CLOSE TifE
PUBLIC BEARING TO GATHER CITIZEN INPIFT O!II COUNCIL BILL NO. 29, WHICH
WOULD APPROVE PROPOSED AMENDMENTS TO 111E CITY OF ENGLEWOOD'S
TELECOMMUNICATIONS ORDINANCE.
Ayes : Counci l Members Notibolz. Brad sha11 . Wa ggoner. Clapp. Borns
Nays· None
Absent: Council Members G:irn:n. Habeni cht
Motion carried and the public hearing closed .
Council Member Bradshaw asked if thi: rcsolu1ion "'oo.ld ~ brou ght up at the ne ,1 meeting. Mnyor Bums
confinncd th.11 it would. stating tl1.11 the usuaJ ;,rnccss is mm to \'OI C on 1hc s:im c ni ght of the Public
Hearing.
(Clcrl<'s note · Council Member Garrett returned to the m=ing.(
10. Consent A~cnda
(a) Approval of Onlinanccs on Firs1 R~
COUNCIL MEMBER NABHOLZ MOVED, AND FTWAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS IU (•) (i), (ii), (iii) and fn ·) ON FIRST READING.
Eaalcwood Clly C11u,1cll
July 6, 1998
l1111uo, 11i1 lincur. n.f
K •et .a dut .. " Pace 14
(i) COUNCIL BILL NO, 3), INTRODUCED BY COUt,jCIL MEMBER
NADHOLZ
A BILL FOR AN ORDINANCE APPROVING AN INTER GOVERNMENT AL AGREEMEf:IT
BETWEEN THE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND THROUGH THE
ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD TO
CONDUCT A COORDINATED ELECT ION ON NOVEMBER 3, 1998 .
(ii) COUNCIL BILL NO . H, INTRODUCED BY COUNCIL MEMBER
NABHOLZ
A BnJ. ~OR AN ORDINANCE AMENDI\/G TITLE I, CH>,P'IJ:K 8, OF THE ENGLEWOOD
MUNIC!f-AL CODE 1985 PERTAINING O MUNIC IPAL ELECTIONS .
(iii) COUNCIL BILL NO . J S, INTRODUCED BY COI/NCIL MEMBER
NABHOI.Z
A BILL FOR AN ORDINANCE SUdMITTING TO A VOTE OF THE REGISTER.ED ELECTORS QF
THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTIO N A PROPOSk.1',
AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD WHICH WOULD AMEND
SECTION I IO OF THE ENGLEWOOI' HOME RULE C:tARTER PERTAINING TO BOND SALES
LIMITATIONS FOR THE CITY OF ENGLEWOOD, COLOI\ADO .
(i v) COUNCIL BILL NO . 3( rNTRO DUCED BY COUNCIL I\.IE~IBER
NABHOLZ
A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE )F THE REGISTE RED ELE CTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED
AMENDMENT TO THE CHARTER 01· m E CITY OF ENGL[WOOD AME ND IN G SECT ION .ii; OF
THE ENGLEWOOD HOME RULE CH> r.TER WHICH WOULD <:HA/'IGE THE TIME PERIOD FOR
SUBMITTING INITIATIVE PETITIONS PI\IOR TO AN ELE<.TION i-ROI\,' "IY.TY DAY S TO
NINETY DAYS.
Vote rcsulu:
Ayes :
N:iys :
Abse nt:
Motion carried .
Council Members Nab holz. Garrcit. Brad sh .. 1w. Waggoner. Clnpp .
Bums
None
Council t-.·lcmbcr HaOC niclll
(b) Ap proval ofOrdi11;"111 ccs on Seco nd Rc:iding
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SEC ONDED, TO APPROVE
CONSENT AGENDA ITEMS JO (b) (i) and (ii) O N SECOND READING .
(i) ORD INANCE NO . ~ll . SER IES OF 19'JX (COU NC IL BIL L NO J I.
INTROD UCE D BY COUN CIL MEMB ER WAGGONER )
AN ORD INANCE AUTHOR!: ING AN INTERGOVER NMENTA L AGREEME NT PERTAI NING TO
THE ENTERPRISE ZONE MARKETING CONTRA CT. BETWEEN THE COLORADO DE PARTI\.IENT
OF LOCAL AFFAIR S, ECONOMIC DE'✓ELOPMENT COM MI SS IO N ("E.D.G.") AND THF CITY OF
ENGLEWOO D.
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l■skwood City Couadl
J■ly ,. 1998
Pase 25
11 ) ~1011, 'll:,1a"J
~l'1'I ,I\ (1111
'I
U 11 J
(II) ORDINANCE NO . 41, SERIES Of 1991 (COUNCIL BILL NO . 32 ,
INTitODUCED BY COUNCU.MEMBER WAGGONER)
AN ORDINANC!E AtmK>RIZl'IG AN INTl!RGOVBRNMENT AL CONTRACT BET,WEEN TifE
COLORADO DEPARTMEllT OF TRANSPORTATION (COOT} AND THE CITY OF ENGLl:WOOr ,,
COLORADO WHICH PERTAINS10 THE DESIGN OF THE PROJECT TO WIDEN AND CRJ:A l'f!.
MEDIANS ON BROADWAY BE'ITIEEN U.S. 285 AND YALE A VENUE IN THE CITY OF
ENGLEWOOD.
Vole l"CS\llts:
Aye s:
Nays :
Absent :
Motion carried .
Council Members Nabholz. Gamll Bradshaw , Wag goner. Clapp,
Bums
None
(",ouncil Member H•bcnicli
(c) Resolutions..,..; M:>tions
COUNCIL MEMBER WAGCONDl MOVED, AND IT WAS SECON UED, TO APPROVE
CONSENT AGENDA FTEM5 1•(<)~ (Ii) and (lil). I
(i) RESOC.trnON NO . 80, SERIES OF 1998
A RESOLUTION APPROPRIATINGfUNDS FROM THE 1998 BUDGET FOR THE DESIGN OF
BROADWAY WIDENING AND MEDIANS PROJECT.
(ii) co~ WITH WHEELED COACH COLORADO IN THE AMOlJNl'
OF $79 ,019.00FOR THE PURCHASE Of A 1998 TYPE Ill FIRE RESCUE VEHICLE .
(iii) COKaACT WITH STACKHOLM DEVELOPMENT IN THE AMOUNT OF
$27 ,780 .00 FOR THE NORTH E.SG.EWOOD ADA RAMPS .
Vote ~Its:
Ayes:
Nays:
Absent:
Motion carried .
CC11ncil Members Nobholz. Garrett Brndshnw. Wa ggoner, Clapp.
&:ms -Caunctl Member Habenicht
(a) Approval ofOrdc:lnccs on Ftrs1 Reading
(i) Director SUIUpSO n presented a rccommcn d:ui on from the Ocpanmcnt of
Neighborhood and Business Dcvd~t lo ado pt a bill for an ordinance aulhori1jng the transfe r of
propcny to 1hc Englewood Environm:ntttll Foundation . He 3d\"iscd th.11 th e Found.1l ion Board of Directors
was present to answer Council"s qucsocms. Mt. Simpson said they bcli c\'C tl1i s is a ,c ry imponan1
ordin."Ulce to further the demolition ad! f'Cda-clopmcnt of Cinderella City.
Mayor Bu ms asked if lhis is lhc last pan of the parking structure. Mr. Simpson responded tlial tl1is would
take the portion that includes the pa,t.m!-structure and mo,·c it inlo ownership of the Englewood
l•Jlewood Clly Council
July 6, 1998
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Environmental Found.ition. This is coming just in odvnncc of dcmolitfon or tl •.. P\e ~ said. He confi ··1 !.1
for Mayor Burns lhat thls is lhc IHI part of lhc 11!0 tllll Is nOI under control al die f...-iion,
Council Member Garren asked, n:gording liabilily luucs, whctl1cr tl1c Foundation !w iasurana: to co, er
pcnonal liability, or iftltal i1 still on the City. Mr. Simpson mid yes and expreaatappoociatloa 10 1'1r.
Garrell lbr asking.
Mayor Bums commented that he had an attorney, who n:pn:scnts one of the pod 0\\11CIS, suggat to him at
the Colomdo Municipal League that there was open liability for tl1c Foundation and tbal ii was not
protected by the Govcrnmcniai lmmwlitics Act Mayor Bums said he was glad dtat ,..., ba,·e CO\'ercd Iha!
wilh an insurnnce policy .
The City Clerk was asked 10 read Council Bill No . 38 by title :
COUNCIL BILL NO . 38 , INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AUTHORIZING THE TRANSFER OF PROPERTY K."IOWN AS
CINDERELLA CITY BY THE CITY OF ENGLEWOOD. COLORADO TO THE ENGU:WOOD
ENv1RONMENTAL FOUNDATION .
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COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (i) • COUNCIL BILL NO, 38,
Ayes: Council Members Nnbholz, Gam:u , Bmdsh:rfl , Waggoner. Clnpp.
Bums
Na\'s : None
Absent Council Member Habcniclu
Motion carried.
(ii) Business Communily Coordinator Scibclli pre5C111Cd a rtl:Olll-iation from the
Dcpanmenl of Neighborhood and Business Development to adopt a bill for an ordinancr authorizing the
lease of a building 10 be used ns a Business Development Field Ollioc. Mr. Scibdli rcmil>dcd Council that.
earlier Ibis C\'Cning, tlte progress 10 d.11c was rcviC\vcd regarding tlu: South Bro:xhny Acuoa Plan. Ooc of
the i1cms 1h..1t was included as an action arc.1 in the plan. back last :)pring. was the opct:Jng of a Business
Development Field Office . l11e opcrali\'e theme for our business development program of retention and
redevelopment these L1st three years MS been commw1ity outrc.,ch, he :1dv1scd . We are asbng th.it Council
consider approving a lease this c, ~ 1ing. for an init~1I period of IWcl\'e 111on1hs. on a (,all~ al 11 We st
Hampden Avenue . He said this is a highly visible. c.1sily accessible facility for coord.•laJJDD of th e
implemcn1ation of tJ1e South Broadway Action Plan. He C/1:plaincd it is a VCI)' critical Junaun: m the
coordination of lhe capital improvement program assoc i:ned with 1he TIP and COOT fund.mg. as w,··
the specific aC11on i1ems that were identified this evcniu g. for tJ1e immediaie summer and fl.C montru ·tc
implcmcnlation of the physical improvem ·.nts on South Bro.1dway south of 285 . Mr . Scu:,cll.J o:,incd , ·
this is an opponuni 1y 10 capilal izc on tl1c ·nomentmn thnt h,1s been eslablish ed . and =rcate Mt cmi rOMh .•. 1
to meet dircc1ly. one on one. with merchants and design profess ionals as we c.,rry oul 1~ of the
programs that they tnlkcd nbout c.irlicr .
Council Member Bradsh.1w asked if this was formerl y a coffee shop . Mr . Scibcll1 co nfim11ed Lb..'ll 1l \\a5
fom1erly McGuire's Coffee Shop .
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Council Member Clapp ~,id tlus addressed how hnlf of it would be funded . She 351<cd ,f tbc -Other half
would come out of Nei ghborhood and Business De velopm ent 's bud gl!t. Mr Sc1bc:lli S3Jd thaJ: is correc t
Ms . Clopp asked if tllis ends when tl1c Foley 's bnilding is fiui shcd . Mr. Scibelli responded Iba! tl1e request
tr.night is 10 h,1\'C the initi:11 period of t\\l!l\'C months with nn opportunity for rcnc',\,-al lbc OO_JCCtJ, c of lhc
program is the South Bro:1dw:1 y Action Pl:111 i111plc111c111a1ion and th e COOT coo rdin:mcn "11.h merchants. •
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be said. ~lieger pictUIC is mon, to provide nu cntn:pn:nenrial IP.Rro:teh 110 sorvicc dellv•"1 and ,
ouuar\"Dk'buincSI commw1il)'. As """1.1aycar from no,y, if,\hi• 'l"'!"',,pprovcd, )YC cool~ 1"'¥1 ~t
Iha silHliill a,11. C\lell If II"""' to taltuwo years from now to get i~to,11\C,fo!ey '! buildi ng. it m1uld
probobl, lie an :na that should be n,vicwed as to the effectiveness of thattype of an outr<llch foci Ii~·-It is
tou8'•UJ,..,wayor.anothenri3lll'110W,,lieallow<l4 u t 111 ,r , H,111 ,1 ,, ,
l'I O UH
City MamaFs" Scars said basically it is for one ycnr. so wc would have to come back and renew tli,t
~-Nlil)aor Bun,. added that Cou■cil would have to approve any •~tepsion.,.
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Council lllfmiba\Wago11C11ukal'l'ilo ,."Clllld Slafft1'c 1olf:ce. •~ ScibcJ\).~d it wonld be staffed b)'
bimsdfail al least one other intcn, mOSI likely rwo . Mr. Waggoner asked ifwc arc shon of space here .
Mr. Scildli ,apoadcd that wc arc critically shon of office and conference /iP!ICC, panicularly for tilC
imm,-future and the prog,,un tliat we outlined for South Broadway . As a practicnl mailer. he ,mid Lhat
be is in a:al of an office just in the immediate fulurc .
Director Simpson said he would love to address llu11 issue . We arc cn,icnlly shon of sp.icc . he said. and
this is comiing at a very opportune time. Besides the fact that Mr . Scibclli docs not have i),Ccc:ss 10 an office
upstain., dbere is no room left in lhc building and we nrc at a point where we need to find wrnc space for
him.
Council Ncmbcr Bradshaw asked how m■ch of1thcir business js done outsi~c !he office. Mr. Scibelli said.
as a praaical maacr. a lot of the business is done outside tl1e office and it would be a good opponunity to
ha,-c m dffice facility cnviroruncnt that is on the s."Ulle turf as lhc business commnn.ity and make ii a \\in•
win for beth or us.
Mayor 8lums said he is intrigued by this idea, and thal ii is a good rclationslup build er He said he has been
to many of t:bc manufacturers' roWld table meetings :tnd those cont:1c1s arc all ou1sid.: Mc comme nted that
they we:ti:" duJy impressed at the Study Session by the work Mr. Scibclli is doing on lhe South Broadway
Actio,, !'lar. He said he dunks tl1is is a good idcn.
CouacillM.embcr Garrett said he had hinted at the possibility of renewal . but lhe t 11e 1hing 1ha1 is not in the
agrccmea is any possibility of renewal . He asked if we would ha\'C lhe oplion of renewa l upon the
approprtllion of funds . It's still al the Citf s oprion. but we could lock in the lc.1 sc rate . He said he is in
favor oflmving go\'Cmrnent out there. and ii would be nice to have th e contract reflect that \\C could h.we
the opciam.tD renew. if they tJ1ink th.it is what they want to do . as opposed 10 going back :u1d h.1,i ng t11c rent
raiSIOd.
City Mamaga Scars asked ifwc could m.'lkc Ihm adjustment. Mr. Scibclli responded affmnathcl}. 1l1c
initial ap,:emcnl was for twenty•four months nt this rate . he said. and it w1s reco111mcndcd Lha 1 ,,ego l\ith
the na.--clwt months. TI,c lease agree ment. per tJ1c recommendation of th e Ci ly Attomey , does reflec t I.hat
the paymlCllt is based upon fonds appropriated on a yearly basis by the lessee . Th.1 1 was discusse d ,\ith l11e
bu.ildin g,imrmer and he understands this is under the Bnice AmcndrncnL
City Attmmcy Brotzman said tl1e only requirement \\';1 5 to hil\'C language that you h,we to appropriate tJ1c
mollleJ!. You can ha\'c multi-year con1r.1Cts , as long as you ha\'c an appropriolions provision .
Mr. Simpoa said we C3l1 accomplish this . we will just insure there is an option to renew al lhc s.11nt. lease
rate. wewn.ll do it twch·c and twelve . City Attomcy Brotzman said if Co uncil make s thal mo1ion .
The~ Clerk was asked lo r:ad Council Bill No . 39 ay :itlc :
COUNDL BILL NO . 39, INTRODUCED BY COUNCIL MEMBER NABHOLZ
lnaJewood City Council
July 6, 1998
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lhnt o \ ~JI l l :,o,r .. l;n'.J
t't1\'I ,o f h,I,
'"! nL\f
A BILL FOR AN OROINANCI! AU'llfORIZINO T1fE U!Mll! OF A!ll<OPFICE LOOATED AID 11
WEST HAMPDEN A VENUl!'l'O BE USl!D BY THEl!NGU!WOOO NEIGHBORHOOD AND
BUSINESS DEVELOPMENT DEPAR'l'Ml!NT AS A e.JDll!SS DEVELOPMENT FU!LD OPFICll .
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COUNCIL MEMBER NABHOLZ MOVED, AND JI' W'AS'HCON ,DliD , TO APPROVE AGENDA
ITEM 11 (1) (II). COUNCIL BILL NO. 39.
COUNCIL MEMBER GARRETT MOVED, AND JI' WAS SECONDED, TO AMEND 111E
AGREEMENT A TT ACHED TO THE ORDINANCE TO REFLECT TIIAT WE HAVE THE
OPTION TO RENEW FOR AN0111ER 12 MONTH nalOD AT OUR SOLE DISCRETION .
Mayor Bums asked if !hey nccdcd lo add Iha! we need IO~ lhe funds . City Anomey Brolzman
ad\'ised that that Is alrc:,dy in !here.
Ayes :
Nnys:
Abscn l:
Motion carried .
Council Members -Garn,t Bradshaw . Waggoner, Cla pp ,
Bums
None
Council Member~
Vote results on motion to 11111rove CouMII Bin No. l9 • aaeaitltd:
Aye s: Coancil Members -.. Gam:tt Bradshaw . Waggoner. Clapp.
Bums
Nays: None
Abse nt : Council Membe r Habcnic.ftn
Motion carried .
(b) App ""'81 ofOrdin:inccs on S<cond Readiag
Then: were no additi onal items sub mi ncd for ap proval on 1CC0md readi ng (Sec Age nd a 11cm 10 -Consen t
Agenda.)
{c) Rcsolul ions nnd Mot ions
There were no add iti onnl reso lutions or mot io ns submincd b arpprov:11 . (See Agenda It em IO -Consent
Age nda.)
12. General Di.Ku n:io n
(a) May o~, Choi ce
(i} Mayor Bum s th,mkcd everyone for Qle:1r hard work on 1he Fourth of Jul y
cclc br.u ion. He commented that we h.,d a wo ndcrruJ firC'\\ocb .display c:.n d th.inked Crim e Prevention
Offi cer Nnn cy Peterson nnd all the coo rd inmion or 1hc Saf~ Stm\iccs Dcpar,men t 'N i had fire trucks and
a coo rdinated cffon with the Liltl elon Police DcpanmcnL O,uithe sc,-ernl years thar we h:wc done 1his.
th e enforceme nt and prese nce of the Safcl) Services pc l'50DDC! W rctlly reduced all crc:u ions and
di fficulti es to practi ca lly noth ing , he said. TI1cy It.ave rca1fy de.me a very fine job of !cui ng lhc publ ic kn ow
what the rul es nod rcgul auo ns arc and be ing a very strong~-We had severa l thousand peo ple there
an d they did an exce ll en t job. li e s:t id.
(ii) Mayo r Bum s s.1 id he all cndcd the E:l!!.1 E."lSlman Small Cluld Para de earl ie r in
tl1e day . Titey brou ght out the new Tcl cS<J urt . whic h cvel)oac'i::njo~cd a grc:11 deal . l :e thanked Sa fety
Servi ces for thei r coo pera ti on with lhnt.
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Ensltwood Clly Council
July 6, 1991
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(iii) Mayor Bums advised 01a1 he aucndcd 1he Colorado Municipal Lcllgue
Confcrcn ~~ in Brecke nridge . He snid he h,,s a rep ort that is n!.>out rcndy on that.
' (iv) Mayor Bums commented tl,at h• i1 very impressed with lhc work 01111 i, being
dooc on tho South Broaelwil'.' Action Plan as pmc•lcd thi s evening.
(v) Ma y11r Burns s.1 id he has enjoyed further exciting dc\'clopmcnls 0,1 the
Cindtrclla City project . lllis ;, stan ing 10 seem more real all the time, he said, allowin g 01111 we have man y
hurdles lbead.
(b) Council Members Choi;e
(i) Council Member Nobho lz:
1. She said she had been approached •nice in the lmit month about the Ci1y taki ng :i close took at a
place for a farmers' mnrl<cl. She said she ngrccs tl1ai we need 10 bring tl1is back into Engl ewood.
2. Ms . Nabholz said she would like to thank the Departm ent of Parks and Recreat io n She a d,·iicd
1h31 she was OlJIIIODChe<! by a co,iple who were very impjCSScd L')' lhe way Belleview Park looked a1 8:00
o.m. Sunday morning. Everything ·,135 picked up and bagged . so Olis was a bang up job.
3. She thanked cnclewood Police and Fire r, '\ci r iwd work on tl1e Founh of July and tllC nigh 15
prior to thal and the niglu after tlllll .
~-She said tha1 on Sunday, she noticed • big ladder above lhe Salvation Anny build ing :ind she
thooghl something musl be on fire . She sn.id sh e did not realize it was a safety equipment chec k. Ms.
Nabhol z said she was impressed nnd lcamcd some1hing new, because she did 001 real ize 11,11 tl,e cquipmcru
was checked c,·ery Sunda y.
S. Ms. Nabholz snid the traffic signal bo:\:cs, which she was going to tum 111 fo r ha\'in g grnffiti on
the m. ha\'c already been paim cd. She thought it migl11 be somethin g th nt shoul d be loo ked a1, especially in
the Dartmouth and Broadway nnd tbc Bates and Broadway intersect ions. Si nce lhC) arc paim cd whit e. she
su ggested punin ~ the Englewood logo on tl1C1n.
(ii) Council Member Brad shaw :
I. She cxu:odcd kudos to Neighborhood and Business Dcvclopm en1. She rccogni ,.cd Lltal Ll1cy have
bad their plate full for a long time and are doing an cxccilcnl job.
2. Ms. Bradshaw sai d she has a question about the sil ver dots and th e o;angc dots on the si dewalks.
She asked if they r.1n out or orange paint for sidewalks U\8t need to be in a sidewalk dis1ri ct. She sa id she
h.1d a call from one of her nei ghbors who no longer had nn orange dot . but now has a silver doL
Engineering Manage r Kahm res pon dd that tJ1 c silver and oran ge do1s h.a vc to do with the Concrc1e Utili ty .
lnitial,y, folks "ere oul mark ing co ncrete, and what \\C have en co unt ered with 1he pa\'ing district bid is
concrete prices arc up about ~O¾ over a year ngo. So. he explain ed. tl1 e silver arc prob.1 bl y loca tions tl1.11
will be in a future program and not this year 's progr.un . Mr. Ka hm s.1i d no tices will be sr.nt to the propcny
owners when the fin.ii con crete list is put together c:'\plai n.i ng where \\C arc .
Res pondin g funh cr to Co w1 cil Me mbe r Br.i dsh,,w. Mr. Ka hm c:-.-p lain cd 1ha1 th e Concrete Utility roots th e
whole bill and th e City part ici pates for co ncret e thal was hi sto ri call y 1.hc Ci 1y·s res ponsib ility .
EncJewood Cit)' Council
July 6, 1998
Page JO
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But. Council Member Brad.!haw asked. pcopJc, c::u uld go oul and fix their own wi01ou1 being in one , Mt.
Kahm said ya. ·1
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3. She A1ggcstcd looking al a four-way ,aqp at Guard and Lafaycuc. That is coming out of 1hc
Mort<s. Julia Temple isdicrc and lhctevc ·",..~uuclu. sheadviood, I/you arc ll)ling lo ~ocast or
west on Girard. you cannoc sec, she said.•. ,..,,1e fly up Lalll~te. b<causcU,ey ny offU"" highway and
ny down to Floyd .
4, She thanked City Manager Scan for .awe and beyond U1ecall of duty , as 111'0 wecltends ago. he
did dead squirrel patrol . She said a cons1i1ucn, allcd. and it was a hot wccltend, at 8:00 on a Sunday
morning. Ms . Bradshaw said it was one of Coumcil Member Clapp's coMitucnlS and she couidn1 reach
her. She said she called Mr. Scan al 8: JO Swiday morning and all<ed if he would pick up o de.id squirrel.
City Manager Scars said he and Bob Moon: am:l 1lis son tock care of iL Ms . Brad shaw opined Uial U1cn:
should be some provision for titi=s with rcgmd 10 dead animals. cspcci:illy with U1e hot weather, She
said she called dispatch and ll•cy said U,ey woufla picl< it up Mond.,y.
Mr. Scars stoled lh.11 we on: actually doing a~ a,rimal ...omrol experiment Starting la.st weekend.
there arc animal control people on duly and~· can be reached through dispatch.
Oin,ctor of Safety Services Olson coafin11cd'tl1181 Ill<)-arc e'J)Cfimcnting with this on the wcclcends, but he
is not sure they will keep ~ up. They ,..,11 llaocf::> -11 U,e volume of calls to justify ha,ing someone out
then:. TIICl1 again. he commented. Ibey wouldl"1111;· be on duty eight hours, so there would still be a large
period of time to be coveml. He said he__. Ms. Bradshaw caJJcd and spoke \\ith one of llir. newer
trainee dispatchers who did not have lhc ....-.c:r. Ms. Bradshaw said U.it she told 1hc dispatcher Uiat her
answer was not •=ptable. Din,ctor Olson,.,., Ibey cl.inge fapatchcrs ln:quently and U,ey '1ill nol
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always have the answcn. He said lhcte W3S • 111M1C0111munica1ion on that, and lhc City actually will send •
out an on-call animal enforcement officer. 1lliii ..-as-on a citizen's property, so there is a ccnnin amount of
responsibility on the p.111 oftl,e citizens ro r.aie care of these thin gs on their own. but we will nonnnlly
come out
Ms . Bradshaw asked if we normall y do have ~ service available to our citizen,: if U1ey need iL Mr. Olson
responded affinnati\'ely .
5. Ms . Bradshaw sai d whe1 1 they lum tm Lhc Council rcqdCSts. there should be some anonymity. She
said she doesn't think we need peo~lc out thee: ~1ng "\,ell Council Member Brad sh:m ca ll ed abo ut this.
about you working on cars in your driveway 3Dld doing a car rcpoir pltce in M R•I A". !.he just doesn 't tl1i nk
th.1t is approprialc either. City Manager Se::lJ:S.askcd iftl 1cy should cl 111inatc the 11.1 111c of who they want to
be responsive . Ms . Bradshaw said she undcr5la.."lds being responsive , t.:11 she docs not know that it is up to
tt i code enforcement officer or tha1 pol io: otficcr to say which Council member called abou t for insaancc..
the junk in their yard .
Council Member Wnggoncr said he agrees :mid he r«Js ii sho,.ild apply to all of our ci 1i1.cns. aJso . Council
Member Nabholz agreed . She said she fec lslllat "\\h)' some of the seniors do 1101 call the Oty. but call
her instead. She said she is aware that her na:mc has also been gh·cn ou t as !he perso n "ho tu med in ..:ode
violmors .
Ms . Br.1dshaw s.1.i d most of our ordinances arr enforced b~ complaint onl y. and. un less \\C run inlo a
si1untion wh ere C'\·eryonc is CfOSS trnincd. •lhc:rc 1f a fire perso n. for instance. saw a proJ lcm he would go
ahead and rc pon ii. or a police person . or a pnrks person . She s.1i d she will stand up for wha1 she s.1 ys, th al
is nol the problem .
Ci 1y Manager Sc:irs s.1id we will tak e a look. ;m mat. Council Me mber Wn ggoncr s.1id he is more concerned •
aboul a citizen being afraid 10 cnll in bccw.~ of being afraid of retribution . Co uncil Membe r Clap p s.1.id ii
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En&lewood Cl1y Cwncll
July 6, 1998
··~· 31
incn;a,ts Counc!"s worlc load bccnusc people cull 1hc111 l11s1cpd of Code Enforccnicn1 bec.1nsc lliey don't
wanl lhelr na,~c lacl<ed 10 II.
Director Olson said lhc vnsl majority or 1hc culls lhcy gc1 are no cont:101, d,e people do not \\1111110 be
contaC1ed, so ii Is relatively rare dull we would go over 10 someone's house or use lhe n.,me oflhe per-,
filing lhe complaint Mosl of lhc people who c.,11 are asked if tl1ey wnnt lo be cnlled back and .-53) no
conlaC1, so !hey are .1cr1crnlly anonymous cnlls . If d1ey sny lhcy do wnn1 contact, d1cy always go to Ibo
reponing party firsi and from !here nlal<c a dcrennin.ition whether 10 go over or not He said they~
do nol use names and, ifd,al is lcippcning, he snid he would lake cnre of ii. And 1f Council is concerned
about having their !WllCS used with complaints, that is aJso something he c.,n rake care of.
Council M, rnber Bradshaw said dial became her job when she got elected .
Council Member Waggoner asked what the officer would ~,y whrn directly ask ed who flied the c:omplaia
Mr. Olson snid at some point 1i,ey mlghl say ii 11~• a Council member. We try 10 tell them . tl1ouj!h. not ID
use a name as far as a complaint goes . but just s.1y a com pin int wns filed . People arc usually awa~ of wllo
would complain and so it is diffi i:ult to protcc1 people. he said. Mr. Olson s.1id he k.110,,s 1herc is a:mo:m
about retribution. he just got a call in that rcg.1rd tonjgl1!. \\'e need to work ou1 round abou t wa)s to c:oalXl
the offending party •,i1houl indic.1li11 r who made the call. Unfonun;ncl )'. lltis is a respons ibility you tae a
a ciliz,n, and the people in lhe neigh bo rhood arc ~oi ng to know who made lhe call Mr. Olson s:iid he will
talk to ttls staff again, and . u,t!ess there Is a specific need . we woir't use the compl:1ining pruty 's name.
Mr. Olson said ii is lhe ~,me dilemma on die od1er end. when we gel cnlls in10 Code Enforccmenl and
people refuse to leave thdr name . TI,cn we ha\'c no way of getting bnck 10 them to tell the m wh.1t p,,pa:s:
we arc making . He repeated th:11 they \\i ll uy to a\'oid u~;ng names. Council's and the ci1i zens ' .
(iii) Council Member Clapp :
I. She thanked Neighborhood Business and Development . recogni zing 1h:11 it h.is uecn a long three
years since we started the Bro.1dway Corridor project. She s.1ld she knows 1:1.11 her constitucms in Di.stnct l
arc gni ng to be very plc.1scd when they sec the progress th,11 we , as a City ;rnd Cou ncil. ha,·c nl3de on dlat..
2. Ms. Clapp infonncd Council dc11 her ncighbrr's c.,r wns completel y bu111 ed ou1 01 er the Fourth of
Jul y by illegal fir<.·works . She thanked t11c Fire Dcpa11111cnt for their quick rcspon !tC Firc,,orks were really
rampant throughout Englewood this year :md she s.1id she can't imagine what it was like for our poficc
officers and our firelighters .
3. ·::1c th.inked Council Member Bradshaw fo; t.1king care of th e dead squirrel.
(iv) Council Mem be r Waggo ner :
I. He said he received a compliment the other day for !he strcc! dcp:u1111 cn1 from so meone who is
nonnalh· 'lrtll}' critical ofthi: Ci1y . He s1id the street depart ment people were doi ng some stm:t wort am
wi:rc vcr) L.ourteous , they knew exactly \\ hat th ey were doing. nnd he 1houg h1 th e~ shou ld prO\'ide some
classes for Denver.
2. He commcnled on Mr. Emison's probl ems. He said th.11 area 0\cr there ,,as pla ned lo ng ago v.'Uh
large, \'Cry long lots from strccl lo street. Years and years ago, the Cil y Coun ci l act u.all~ took a position on
it , because Dorothy Romans presented it lo Coun ci l. thal we were not goi ng to bu y any right-of-way, he
recalled . E.xactly. Council Member Br.u1sl1,1 w said . Council Mc111bcr Waggoner noted there were about
three or four of tl10sc blocks over there th.11 we were not goi ng 10 buy any riglu-of-,, ay for those strcclS.
They were wanting 10 sell off lhc back parts of the Ioli. fo r de velo pmen t. and if the~ wanted to dC\-clop it
arid make mone y on it. tlwy were going 10 h.wc 10 dcdi c:uc the right-of-way TI1c reason th .. 1t lllc ones that
Enalewood Chy Coun<il
July 6, 1991
PaaeJl
llmu 1, ,11 > lmciH l'llo ~
Kl'{1 f .,) ,lul
I '>'a.'I
an: hac now, were d<dicaD:d. u ba.::lwc lhosc people actually pvc lj,e ~ily !l'1' back pans pr 1ho'l' lots 10
provide 1 .....,1. They go1 so m and lhcy cou ldn ·1 gc1 any mon,, and tl1c citizens tlwl pwncil lhe property
wen, going to uy 10 put peer p-cssun, on tl1c rest oflhcm 10 dcdic:ue the s1ICC1 for public use. and tl1a1 ls
why ii ended up lhc way ii ;s,;pi now. 'fl,c City d:, 1 not cause tllis. tl1e people wanted ii and tl1cy 1verc
going ID CoUow 1brollgh ,.;11.,1. beUtCrted. II was not lhe City 's problem or fault
Mayor Bums said that you c:am liill'UClwc rcaJ cslalc conttactS so that you hpvc due diligence clauses . where 11
you have all kinds of outs if...,., JiDd somctl1ing Iha! is not a=piable lo you:' He said he docs no, know
whn1 this gentleman bad. buc Ibo did DOI seem 10 be 100 terribly well informJd when he purclmscd ii as 10
what his challenges"=·
City AUomey Brotzman said lie bougbt tl1is al a~,., sale .
COWICil Member Nabbolz 5"ld be has been 10 every depa rtment. Council Member Bradshaw said she docs
nol know lhal we ore in lhc b:!sincss of helping p:oplt develop their land . She recalled 11ml we had
problems with tl1e Linl cjoluu ?'OIIC'IY down there ofT of Oxford. un1il people don.11ed lhe righ1-<1f,11ay 10
pul a Slll:CI back !hen:.
City Manager Sears said,..., a:,: c:losc. He advised 11,11 Communi1y Coordinalor S1in has been working on
it. along wilh City Attorney Brotzman. We l,ave spcnl a lot of time working on lhis. he s.,id , recoilin g tlwl
the fint day be \l'Orke<I fer tk City be gol four messages from tltis genllc•nan. We l,we always 1rca1ed him
councousl y. and Vi'C arc ,"Cry close to responding 10 this from a legal sum dpoi nt. Mr. Sc.vs nJlowcd that he
may not like tl1c response. ba::D.usc there is no code. thal he is aware of. th,11 requires this to hnppcn. We
an, going ID ICII him that be !:as an obli~•lion 10 follow IIU'Ough. bul he nc1y no, be sa1isfied wilh tlc11 .
Council Member Waggoner s.i id the City had do1.cns or mcctings wi th those propert y owners in th.1 t arc.1.
13 . City Manager's Rq,ort
(a) City Man:igor Sc:tr< s.1id he also apprccia1ed 1he opponunily 10 go 10 Colorado Municipal
League. He said 'v. \\'COi 10 "' nwnbcr or good sessions .
(b) City ~ Scar, advised Iha! we have rca:ived abou1 70 applications for Human
Resources Dirce10r and sb<,idd n:ccive in tl1c nei&hborhood of 200. He ha s asked 1he siafT lo work "itlt
him. be said. recognizin g tb.ul it is a \'Cry important position for the City. He s.1 id he will keep Council
posted on th,1L
(c) City l\.w,a;c,:r Sc:tr< said 1lumks 10 1he ul) staff. They have n::111:• been working
cxtn.:mc ly hard putting togetb:r th is project al Cinderciln Ci1y. All of thr different acli\'i ti cs Ille) lta\·e
going on ... Policc and Flt?:~ a great job tlU s last \\'CCkcnd and tl1c code issues here arc difficult . He said
he is not sure we have an ans:a'Ct 10 those issu es. but he :1 pprccia1es lhe pnticncc th:il the~ h:1\'e . NBD in
particular and Chuck Esterly .and Rick K.1hm in tenns of Cinderella City, all thei r ,,ork , nnd ye ! they seem
to continue to push a bundl d other issues that arc impor1 :u11 for the future of the Ci ty.
(d) Ci ~· Maro#f Scars suggested . rc-D'1rding his cv:1 luation by Council, po tcn• i:11I y looking
at the 2711,, perhaps after theo.dcnti ty meeting . He s.1id he docs not know wh:11 Council h,1s done in the past
or what tl1e bcsl process is. M:1yor Bums s.1id it \'ariCS. Some of them :1rc b.1sed upo n goa ls and objcc ti\'CS
1irc\'iOlLSl y ~I. but wr :iJ,.1.a~,-see m to be bounciug a.round trying lo find 1hc bes t way 10 do it Mr Sca rs
said he looks fom ard to a di:alog. for 1he 111os1 p.1n . wi1h ~me idc;is Coun ci l m.1y have .
(c) (11) ti.ta.aa;gcr Scars said his daughl cr is go ing 10 Lhc Un.ivcrs11y of Oregon and he is
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looking forward to taking be tomorrow night. ancr which he "ill be spe ndin g about,\ week d1crc with hi s •
famil y. Parks and Rc:c:rea nc:m Director Black nill be here during that time , he a, 'dcd .
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l ■pewood City Council
July 6, 1998
Pogc33
14. City Attorney's Re11or1
(a) City Attorney BrolZITWI said , n:garding the reviews, one or the iuucs Iha< Council
Member Waggoner had was a comparative aM.lys !s o(bcncfils from city 10 city. He adviJCd tlut is what
we nn: trying to have Administrative Services put 1oge1her for bo1h of our posi11ons, so Coua:il can~· 10
compare app les 10 apples. He said. from what he has heard so far, Uinl is much C3Sicr for cirJ• managers
than city attorneys . simply because city n11omcys have a wide varic1y. such ns ou1sidc practices and finns ,
so ii is tougher in thnt arena.
Mayor Bums ad,iscd U1at Jess Gerardi reminded him 11-,1 his band ,.;11 be playing nc.<t "cd on I.he 16• at
the EDDA concert. and Dr. Gerardi ls,s asked Mayo, Bums 10 conduct one of the man:hcs. He jokingly
sajd that may be a rc:1so11 10 attend. or to 1101 attend .
IS . Adjournment
n,e mccl ing MlOllmcd a, 9 :55 pm