HomeMy WebLinkAbout1998-08-17 (Regular) Meeting Minutes•
•
•
11 ,1111 \ t t,oo ff'.dJ;n ·1
l>( 11 :,ui
INGU:WOOD CITY COUNCIL
ENGLEWOOD, ARAP / HOE COUNTY, COLORADO
Regular Semon
Au1u11 17, 1998
Call to Order
The regular .-ing of lhe Englewood Cily Council was cu lled 10 order by Mayor Bums al 7:35 p.m.
2. Invocation
1l)C invocation was given by Council Member Nabholz.
3. Pledge of Allcgi1ntc
The Pledge of Allegiance was led by MaJ or Bums.
~ Roll Call
Present ·
Absent:
A quorum was present.
Council Members Nabhol z. Clapp. Garren. Bradshaw. Habenicht
Waggoner. Bums
None
Also present: City MaMger Sears
Cily Anomcy Brotzman
Ci1y Clerk Ellis
Director Fondn . U1 ili1i cs
Dircc1or E~crly, Public Works
Directo r Simpson. Ncighbofflood and Business Dc\'elopment
Director Black. Parks and Rccrc:uion
(a) COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 3, 1998.
Ayes :
Nays :
Abstain :
~ louon carried .
6 Scheduled Visiton
There were no scheduled visi tors .
Non-,chcduled Vi~iturs
Council Members Nabholz. Garrell Bradshaw. Haben icht.
Waggoner, Bums
None
Council Member Clapp
(a) An Emiso n. 5564 So uth Lee ~trcc t. Littlclo n. said he wanted 10 co me before Counc il
,.,, .. 1
agam to report th .. 11 he is not making ;my progress 1n hi s dcvclopmcnl and qucs1 1ons on Adriatic. He
achiscd he spoke ro Dan Brot1_111a111onight and he is planning to submit a nc,, proposal He exp lain ed tli.11
he has a proposal before Cou ncil and Ci ly stall on Adria ti c. Zuni and E, an s. \Ir . Enuson noted they arc
hanng some problem s gett ing through sc.mc oflhc proccdur.11 stuff. He s..11d he thought he and Dan
£nglcwo41d Clly Council
Augult 17, 1998
Page%
Brolzmnn ogrced here 1onigh1 1h01 he willlUbalil ......,.,..,...,. He staled lhey are nol ge1ting good
clear answers, they arc not commLU;licating. in~UI o,iaiioq. fll1
Mayor Bums suggested that maybe il is ljkc me.,,, •!lO prayed and prayed and s.1Jd nothing huppcncd and
his rricnd snid well maybe the answer \l,'as no . He adrilcd Mr. Emison tha1 ll1cy r.1nn o1 ncgo1ia1c his
agreement rrom this dais every week . Mayor O.. Slid IJlc)' ba r . ., rely on staff an.:! .¼. Emison t" work
on this and ir he is going to present another proposal: ltc r.hould go ahead and do so and sec if he can work it
out. He noted Lhis is not before the CoWlCil as such~ i his point
Mr. Emison said the reason h.c came before Couacil ~ .. and continues. is because he has not been
gelling what he considers appropriate answers from City staff. He said he gets decisions from them and
code cited but ii docs nol confonn to what their dcci5DDn is. He noted he came to Council and B.fkcd if he
could present some of his issues to them . He srud be dunks it is clear what he is sayin g
Council Member Nabhol,. !..lid she kn ows th.:1 1 ow st?.!I every depanmcnt of our staff and hersclr has 1ricd
10 work with Mr. Emison, the)' ha,c laid 11 ou t in ,H1tt:1g whal needs lo JC done and \\ha.I the Cit~· will and
will 1101 do and she though! it has been ve0 clc:ir Sh.: advised Mr. Emison th.;u she feels they have \\Orkcd
wi1h him on c\'cry aspect of I his .
Mr. Em.json said that. of course. is what he 1s objccu~ to . He advised he scnl 10 her the line for line ..
Council Member Nnbholz s.iid she knows . Lh,11 he hz;d>soluteJy burned up her fax m.1chinc with all the
fa.-.:cs. that she knows what he has sent her.
Mr. Emison noted when they cite the Code and don 't~ the Code and he finds the Code aud sends it to
her .. and he h,1s some here . He said he ClJ1 ~ ha sowc examples. Com1cli Member Nabholz ad\iscd
that she is vcl)' mu ch :mwc of wh:u he is a.sling (or iUftd w hal we as a City ha\'C said \\C \\ill do and won't
do . She advi:;cd Mr . Emison th.11 s!Je thought we b;ive~ .taal we are w1lhng 10 do and thi11 e\·ery
dcpartmc111 he has con1:1ctcd and e,·e0· ind1v1dual 8 ancd to work \\tith !um . She said she has tried to
work with Mr. E1111Son, but when ii becomes a dL""manding p)ial ... that she thinks \\C ha \'e made ii pcrfcctJ~
clc:u, in writing. wh.,11 nnd how we can wort .
Mayor Bums advised Mr. Emison th,11 they urged ai.1111 10 cocwnuc to work \\ith 1hc s~:i ff
(b) Robcn Ohlson. 175-l Plum Val~· Drive:. Linkton . said th.11 he named 10 reaffinn. "ilh
the City of Englewood, a riglu-of-way and C35Cmc:nt for a roodway th:it he has held s1:1ce 1965 and. in
specific, 1he surprise he got from 1.hc Dcn,·cr W.Er &-lard sa~mg the~ \\allied to rcm O\C a bndgc, which is
part of this righl-of-way and c.1scment And •ilh tml!.. lie sald. ask the City 10 also bc:omc th e go,·emmcnt
entity which \\Ould gl. 1 liccnsc from 1hc City ofDca.'\c:r', Waler Dcpanment rn order 10 not 1car down the
bndgc . Bas1caU). there we re a couple of errors made. iliose n-·o areas were one of om1ss 1011 in 1h;11
apparc111ly lhc City did 1101 lrnc a license 10 use the: bndgc. nor to allow 111111 10 use . 110110 give 111111 a nght-
of-\\;J\' ano c.1scme111 ove r 11, and sr.co 11dh 1hcrc '4.15 am error U1 tJ1c SW\'C\ of the road\\il\, "hich \\e ha,c
prclty.we ll cle:ircd up Thcu the mos1 rcc~nl actJ\l(Y IS at Highlands rtlm Ch Boulc\Jra an.d Count~ Line
Road . in whi ch he ga, e up pm c11e1 II ~ all of !he c:asemLt:rit e.,cq>t nbout iivc fee 1. "111.:h "ould be useful in
his lc.isc 10 continue to use . as !u s lease s.1~-" use 1l F~b t --.ss,p.g on foot or mth ;1111 111:tls. \"Chicles. loads or
otherwise . So. h:! said. his requ es t 1s tht,t tJ e cascmcno .and ngJn-o f-wa~· be rc:1mrmcd :ui:i that lhe City
apply for a license from the Dem ·er W:,tc r Board. tftb.Lt".'-h.r.01'1 . 111:i~be 1he Cit~ 's reco rds :tre belier than
thcir's ... and sec if"e c:1 11 co 111inue to use tJus pan1)-bm.1o nc ~ ;1~F d bndgc. ,,111ch 1s 111 \'Cf)' good shape.
It ll.1s been used recen1I~ b~ th e co11s1 ruct 1on of H1ghllilnds R3nd 1 Bou .1c\ ard for l1 ca,-:, eq uipment
Sec ondly , Dr. Ohl so n c.xplamcd. II allo,,s an acccs.s f.ron.1 Ins propc ny t.1 th e H1ghhn e Canal Tr.iii. ,,nich ts
a recre:t1im1al use and tlurdly 11 pro, ides a scco,t<1at:, .u.::css fo r,, 1111cr u.nc . bc ca 11 sc the roa d 111.11 Dougl:ts
Coumy ,10,, has. l11:11 goes 10 l11s propcn~ ... tlM:) "3:\<! .nol a~ lo m;umam II In Cxtobc r l:t st )Car. he
•
•
s.11d. 1hey gal snowed 1111wicc Fonu11..11cl). d\C) "'er.: ublc to kee p the l111lc lane open and so 11 has a value •
111 1J1ree w.t)S for 111111
•
•
•
Eaalcwood City Coun,11
Au1u11 17, 1998
Pase J
Mayor Bums n01cd lhol Dr. Ohlson has been IICIC bcfo r. ni;d it socmcd 10 him UIOI !hue nrc some old
i,sucs being raised og.'lin and 1hcy came lhrough the Wm,,, and Sewer Boord 1/ie lalt lime 01 llvoush lbc
Utililics Deportment Mayor Bums Stllcd Uia, he , for on ,. cannot sil hac and fo)low , really, wha& he i5
saying because we nrc going bnck Ull'OUgh lhe vld growul . Wi1hou1 mnps and 1hings in fro111 of Con11'11. !:le
noted. ii is very difficult Dr. Oldson asked If C~•·11eil ",'Ould like for him 10 gi'° them a picture Ma1or
Burns said he lhoughl they had been Uuough 14is uc <ar. and he didn'I know what Uus Council could do 11
this morncnl. He staled he would like 10 hove ~,h fii • :• :d Uuough lhe U1ilitics Dcparunen~ because that~
where all these issues have came before. And perhaps. he suggested, they can have the UuliUcs
Dcpanmenl look at this again .
City Manager Scars no1cd lhal he is not at all fa11uhar with this issue , being new here . bu1 Director FoOQ
could make a rccommcndmion and as the Mayor indicated ii should p:obably go t•~gh the Water and
Sewer Board before corning back 10 Ute Cily Council.
Council Member Waggoner said ii seemed like there wns som e tmdcd "t· ,, :, . .-,l~ .,,u 1tll al the Lme.
Mayor Bums nolcd there nrc a lot of issues i11volvcd 111 this and II gels 1.1 lin1 .. (.~111µlex .
Council Member Wa ggoner commented thnt they probnbly just need o rcpon frnm stall
Mayo r Bums s.1id if 1hcrc is some1hing new here . rinc , but if we arc going back lhroug.h the same issues ill
over ag.1111. they need to know that too.
Dr . Ohlson said thal 10 his kn owledge the issues arc all new . C\'Cl')1h ing else has been scnled. He achue::
they went thn>uj!h a condemnation suit and thi City of Engle\\ood g.1vc Highl:1'1ds Ranch utlc to the re::..:.
Highlands Rancn gave it to Douglas County. which gives him whnt the judge asked for . \\luc:h 15 vchic-~
access into his propcny . l11cn he was surprised by the letter. and he sen t a copy to Mr . BrotzJn.m. wy1~
that they wanted to lc:tr down Ute bridge. lllOI is his point 1orugh1, Or Ohl,on said. lhat he would rathee
the~ not tear do\,11 the bridge :ind perhaps die City would too . He amunentcd tbat n 1s conc:ci\'alxe llw :c
is even ~1 historic;1I piece of how you cross the Hi~hline Canal before 11)()(), th.it ngh190fw\UY hlt.5 bttn
there for pretty nearly a 100 ycnrs.
Mayor Bums advised Dr. OliJson th:11 he wa s recommend ing tl~II this be broug ht back to Cowicil tJ11oup
the Utilities Dep:imnenl or pcrh.1ps through the Wa1er and Se ,,er Board so tJ1e) can bcncr understand -;.:lat
he ,s proposing. He though! that would be very helpful lo Co uncil if starr ,,auld ass ist tJ1em on tlus
question.
Communications, Prodamalions anll A1,1,oin1mcnl.!l
TI1crc were no co mmunications . procla11~11ions or appointm ent s
9 Public Hc :1rin~
(a) COUNCIL ~1[MB[R BRADSHAW MOVED, AND IT WAS SECONDED, TO
OPEN THE PUBLIC H[ARING TO GATHER C!Tl;'..EN INPUT ON A BILL FOR AN
ORDINANCE AMENDING PAVING DISTRICT JK.
A)es Conell Members Nab hol1.. Ga rrett. Brads lL1\\. Habc111ch1.
W:1ggo11cr. Cla pp. Bu ms
Nn \s. No ne
M011011 carried and 1i,e Public Hea rin g opened .
Director Esierly. dul y sworn, ~u::>1 111t1cd the f•roo l of Pub hcmion to 1hc C11 y Cle rk and noted that th , µt...-uc
hc.mng was prope rly ndveni scd . He adv ised tl i.11 Co u11 c1l passed Rcso lu11 011 No. -lt) on ti.tuch (1, 1'19 -
crcating Pa vmg D1 str1 c1 No . )K The Di.si ri c' wa s fa nned for lhc purpose of co ns1ruc11on or 1mpro,c rr.c=s
of streets and s1de·,,;1lk s during lhc swnmcr or 1998 l11 e cos t or the impro ,cmcn1 s arc 1n1cndcd 10 be
En1lowood Chy c-il
Au1u11 17, 1991
P1p4
1.,1,
wcucd apinst I.ho""""""' 1h11 bencllt from the hn: •'Nttn':nts. On JIiiy 20• Council approved
amending die onli,;ance ,epting Pllvtng Dlllrie1 ll ,·,,. 11111 """'~"g. Mr. Esten)' stated thal this ordinance
rccrealtS and rccstllbllshc» l'avins Dlstrie1 No . 38, od:lrts:stS die uotual costs dial arc assooiatcd with the
con.r,tructlon of the project• .,...iclos for tho uscs&.'11'111 a pin" properties . TI us is tl,e soc:ond acp in n:•
cn:a 1ing the Olltricl ...i 111e-1Chcdulc is that we w,,, I~ have >his Public Hearing 1onigh~ Angust Ir"
and. he said. their inlenl is, _lag tlmt Cooncil acts 111 .,•is llho later tlu1 evening. that by Monday.
September 21 • the o,di,-WOllld be in full force and ct:t< • That would allow us to award the
construction contme1 tha 11111 alrady been bid and we can upcct construction to stan shonly thereafter
and we could complc1c poRlons of the Phase I construction yc1 1his yr--.. and then go back. again after lhc
winter and compii:!e Phase U. He said he would be glad 10 answer any questions.
Co uncil Member Nahbolz-if this is not included in die Concrete Utility Propnm. Director Eslcrty
said no it is not. thaf the ccac:retc tha1 drove the prices in this projccl is largely new concrete. concrete that
didn't e:dst before. The brggcst example of llkll is over on Pn:n1icc by the park The street is 1101 fully
developed and there is noamcffle at 3111hcrc . No curb. gutter or sidewalk .
Mayor Bums commcnacd rllat our Coocrc1c U1ilhy 11 really for rcplncmg cx1sung co1 !-:rc1c .
D1rcc1or Esterly c.'<pl:ililcc:i 6ll lhc Concrete U1i111y is intended for mninrcruncc not for 111;1i:il i:onstruclion .
Council had no fur1hC'r quatkns or comments.
Mayor Bums noted lhat nocmc SJJ!.ur.d up 10 spc3 :u the Public He.iring. but he asked ,r an~onc wanted 10
come forward and address C.ounci!
Titerc wns no one present ro addrcr,; the J~iltc.
COUNCIL MEMBER BRAJISHAW MOVED, AND ITWAS SECOl'IDED, TO CLOSE THE
PUBLIC HEARING TOG,' TUER CITIZEN INPUT ON A BILL FOR AN ORDINANCE
AMENDING PAVING l'ASTIUCT 38.
Ayes · Council Members N:ibholi.. Gancn. Bmdshnw. Hal-x:mcht,
Waggoner . Clapp. Bums
Nays . None
Mo1ion carried :ind lhe PullCor Hcanng closed.
to Consent Agenda
(a) ApprO\.il cl Ordmanccs on F1rs1 Reading
l11crc \\CfC no :1 dd111onal llcmu subm111cd for approva l on first rc.1ding. (Sec A~c1 :d.1 hem 11 • RcguJar
Agenda )
(b) ApprO\;d .:if Ordinances 011 Seco nd Rcadmg
l11crc \,ere no "ddi11 onaJ it~ submincd fo r appro\':il on scc::,nd readin g (Si:e Agenda hem 11 -Rc gJlar
Agenda.)
(c) Rcsoluuoras and Mo110 11 s
COUNCIL MEMBER NAaHOLZ REMOVfD 111 (c) (i) FROM THE CONSENT AGENDA.
COUNCIL MEMBER WAGGONER MO VED . AND IT WAS SF.CONDED . TO APPROV E
CONSENT AGENDA ITDIS Ill (c) (ii) antl t iii ).
•
•
•
•
•
•
Enalcw<MHl Chi· Couocll
Au1u,117, 1998
P11e ~
l•11 l11n,f'tl o
I II •I
~
(1i) EXTENSION OF THE CITY'S AUDIT ENGAGEMENT WITii VAN
SCHOONEVELD AND COMPANY FOR AUDIT YEARS 1998 AND 199'.7
(iii) CONTRACT WITH ALL SEASONS TENNIS COURTS IN TiiE AMOL-:-.'T
OF $38 ,999 .0U FOR TENNIS COURT RESURFACING .
Vote results:
A)c s· Council Members Nabholz. GarrciL Br.ldsbmw , H."lhcnicht .
Waggoner, Cu,pp, dW115
Nays · None
M : 10n carried .
Ci) A conlr.lct with Bun Chevrolet. in tlic amow>1 oi SM.594 .00. for the purctwc of
a work truck was considered .
Council Member !'Jabholz slated she wanted to make sure LIUs 1ruck "as cqwpped Mth au ,ondJtionin&.
Director Fond.1 said he ,,:1s11'1 sure , bu1 he thought 1hcJ ,,ere all coming in with .air co ndition mg
Council Member Nabholz noted th,11 they were nssurcd llu .. -y v.crc all conung in •1tJ1 .ur condmomng. So .
she said. she has no problcn, with this if it is coming in with au concliuoning. Dl:rcctor Fonda ad,iscd that
if it isn't they will make sure it is . But . he said. he is sure ii is.
Mayor Bums asked if U\C)' would have to change the bid if it isn't included. Din:tlor Fonda stated the)
would. bul th:11 he was sure it was included as they h.1vc all been ordered th:11 ""~ Ci~ Manager Sears
advised they would double check wi1h purchasing to make they buill ll:w in with our~ He asked that
Director Gryglc,\iCZ make sure that purchasing focuses on air condiuorting m vd uclei.
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED. TO APPROVE A
CONTRACT WITH BURT CHEVROLET IN THE AMOUNT Of S69.59-U>O FOR TI!£
PURCHASE Of A WORK TRUCK.
A~cs . Council Members Nabhol 1_ Garrett Bradsba-», Habenicht.
Waggoner. Clapp. 8111115
Na~ s: None
Mmion carried .
I I. Rc1:Ular ..\~end it
(:1) Appro,al of Ordinances on First Reading
(1) D1rcc1or Simpsou pr..:sc ntcd a rccomn:tndation rrorn tfuc: Dcpanmcm of
Neighborhood and Bu smcss Development to :1dop1 a bill for an ord111a11cc appro1-I.he sale of I.he Deix,t
Building to the Engl c,,ood H1 s1or1c.1I Socict ) under an 111s1:i llmcnt co ntra ct He r.a.cd that tlu s 11cm \\a5
pulled Ly Coun cil las1 umc. due to tile facl th:u 1hc Englrn ood H1s1on ,:1l Sooct:;. !&ad some con cerns w11h
the sale. Those concerns IL1,e been addressed . he ad\'iSCd. spcc 1fically. 1.he c:ontaa 1crms "luch lhe
Co1111CJI had suggc s1cd. ,, Inch arc no 1cnn and no intcrcs1. and th~ arc cl ear!) unQCr'St ood b) the
Englewood Hist ori c:i l Soc 1cl) :ind the y arc fine ,, 1th Llus. 1l1e) will pa~ at b.'ld l.i i.h..~ C\n. he noted
1 ... 1yor Bums said he thought one other concern or the Histonctl Soc1CI) was tmt i:nc.mbc-rs of lhe Soc1 ct ~
wanted to 11L1kc sure tlL11 they \\Crcn't inilividuall ) lmblc , potenu al l). m the futun: Cit), Anomc,
erotzman siid that ,,as correct and th;JI h,1s been rcsohcd.
Coun cil Member S.1bhol, ad,·iscd that a couple ,ncmbcrs of th e H1 s1orical Soacry ::onl.3Ctcd her .and this
isjus1 clnrification. 11 ha s nothing lo do with ,,here \\C arc :11 nO\\ \\ 11h the con1r.ac: regar ding clanficauon
of where the Cu~ 's 1111pr0\e111ent s slop and \\here 1he Hi s1oncal Soc1c t) 11 pro-.cn:aus SLlst. She said lh~
h,1d. in th ere . the bnd . re1a111111g wall ;u,d brn,giu g 111 the r.11lro.1d tr.i ck s an d u "as :llC1r W1d crs1,1nd.ing Lh3t
s .. ~ood Chi Council
A•.-.11 17, 1~98
ha<6
111111 J ,,1 ) buo, I n f
'I
Ibey would slill do 1h01 or was lhc Clly 10 be pan or 1hu1 ? Tiicy wn111cd some clarifica1ion of Uw 1. Dtrcc:1or
Simpson suucd Ihm probably, in rcnlily, we'll work very closely logcthcr. Bui. he nolcd. he would s.1y thal
the -.·a,y 1his i.s conslnlclcd is that t!Us structure is what is being sold to them and their value is going 10 be
applied 10 lha1 511\Jclurc and IMI would also include lhlll patio nrc:1 lo U1c cast Bui. he said. he would
suspect we WIii work closcl .• logctl1cr as a !cam.
'The Ci1y Clerk ""' ask ed 10 read Council Bill No . 48 by 1i1lc :
COUNCIL BI LL NO . 48 . INTRODUCED BY COUNCIL MEMBER H,,BENICHT
A BILL FOR AN ORDINANCE APPRL VING SALE OF DEPOT BUILDIN G BY THE CITY OF
ENGLEWOOD TO TilE ENGL EWOOD HISTORICAL SOCIETY FOR THE TOTAL SUM OF S76.000
UNDER AN INSTALLMENT CONTRACT.
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS S[CONDED, TO APPROVE
AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO . ~HON FIRST READING .
A~cs · Council Mc1nbcrs Nabl1olz. G:irrc11 . Bradsl1.1w. Habcnicln .
Waggo ner . Clapp. Bums
Nay s: None
Morion cnnicd.
(i1) Mayor Bums staled. regarding Co uncil Bill No. ~9 . a bill for a n ordinance
amending the current agrccmcnl wit11 Pro Puu . Inc .. th,11 the Ci1 y Manager has advised him that ii needs
some additional ,,ark and lhcre is a rccommcndntio11 Lh.11 th:u be pulled for now and brought back laler
Cnuncil Member Brndsh,1w said tluu she also has a conce rn aboul the maimcnnnc e on 1h:11 .
Mayor Bums no i~d that we had a 11cwsp.1pcr review of lhcsc fhcili1ics recently !hat he commc111cd on. He
s.ud he tlunks they h.~ve done :i linle work on ii. th.n he 100k a look al ii the other day.
Direc tor Black said he would I>: hap py 10 answer any qucs1 io ns . He stnled h,;. knows there have been some
concerns about the main1cnance, the: upkeep, out th ere and s1:1rr ha s h.1 d di ~.:ussion s with Mr. Simpson :ind
he has been 1ol d th;II Mr. Simpson has ,1mde some impro,·ements 111 lcnm, of sign.nge and lhc greens. ~r
Black said tkH he c;m'I give Counc il the srccirics. but th:11 he li.;1 s been • .,i d he has m,1 dc so me
tmprovemcms. He advised 1hat wh .:n this il em is brou ghl ba ck 10 Co1:nc ll for di sc uss io11 . rvtr. Simpsrn ,\lll
be here 10 an S\,cr :my qu estions th1..-y have about hi s facll11~. th e c011ce ms. the uewspapcr an iclc or
aiutever
~~·or Bums co mme111cd they had c:,•p rc:-!-ed a eo ni.:em beca use 1hc newspaper amclc ce namlv ,,asn't ,·er"·
oo~plimcnla.r) to 1111 s fa cili~ And otwiousl). he s.1id. 1h.11 1s 1101 \\ hat "e lik e 10 sec 111 the p~ess . 01rce10r
Black agreed
Mavo r Bum s noted he looked :11 ii over th ..: \1ee ke11d a li11le bl! and it loo ked lik e he made so me
1mProvemc 11 1s 01rcc1or Bl ac k snid thnl is .ighl. lhal th:11 is hi s understanding.
Council agreed to pu ll 1111s 11e111 and Ma~ or Bums asli.ed Di rec tor Black \\ hen he 1111 gh1 come ba ck "1th 11
-"fr Black said 111s hi s ho pe thal the~ \\ill ha"e lhi s b.i ck at c11hcr th e rirs1 or seco nd meeu ng in Scp 1embcr
Council Member 1-lal>cni chl risked wh.11 tJ1c impl ic:1 11011 \\Ould be if Coun cil docsn'I apprO\e t hi s Dtr ccto r
Bl:>ck ex pl :uned th:11 JI IL:1s 10 do \\ ith an item related 10 111 sura11 ce. as discu ss ion :1s 10 \\ hc1h cr \\C arc
till:.i ng about 1:1k 111g lh.11 cos! off the gross or ofTth c nel or \\hal e\cr. He ad\'i scd \\e 1~1,cn't fin ali zed t11osc
•
•
discuss ions ~ c1. •
~b~•or Bums com me111ed 1h,1 1 ii is a r,1 1her 11 arrm1 contr:11:1 lcnn \\C arc t:1lk111g abou l here D1rccm r Black
s;u d yes i i is
•
•
•
En11lewoo~ Cl1y Council
Au11u,117, 199N
PijK• 7
Mayor Bums tlumked Director Black .
(b) Approvnl ofOrwnana:s on Second lli:ad ing
, > I, 111 ,,1;,oif
I flll'~U/ •
Ii) COUNCILMEMBER'RAIISHAW MOVED, A:-ID IT WAS SECONDED,
TO APPROVE AGENDA ITEM II (b)(i)ON SEO>ND READING.
ORDINANCE NO . 54, SERJES OF 1998 (COUNCIL BILL NO . 41. INrnODUCED BY COUNCIL
MEMAER BP ADSHA W)
AN ORDINANCE AMENDING PAVING DIST:l!CT NO. 38, IN ll!E CITY OF E'.GLEWOOD .
COLORADO: ORDERJNG THE CONSTRUCTIO!N AJl.0 INSTALLATION OF STRE L"r Pf "nG.
CURB , GUlTER. SIDEWALK, AND STORM DllAINAGE IMPROVE~IE:S'TS TO • :i;; EFJ \ WITII
NECESSARY INCIDENTALS: AND SETTING WllTH OTI-IER DETAILS 1:-1 CONN ·. ; :,1 . \\~TI'
THE DISTRICT.
Vote rciults:
Ayes : Council Mcrnbcrs. abholz. Garrett Br.1dsl1.1,,. Habcnich1 .
Waggoner, ClaJ>p. Bums
Nays: None
Motion carried .
Mayor Bums s.iid 1his brings us 10 ilcms 11 (b) (ii). (iii) and !iv) which is second reading on 1hrcc items
tl\:Jt evolved from Project Build and the Historical Soaety and tl1e Housing Au1hon1,. He stated 11,11 as he
did last time. since he is the Council rcprcscntab\-c oo the Housing Authority . he "ill abslain from voting
and discussion 011 th1..-sc three items . Mayor Bums said be \\OUJd leave the dais :ind lum this pomon of the
agenda over 10 Mayor Pro Tcm Habenicht.
Mayor Bums lcrt lhc d:us.
(ii) COUNCIL MEMBER '4AGGONER MOVED. AND IT WAS
SECONDED, TO APPROVi: AGENDA ITEM 11 ) (ii) ON SECO!'iD READING.
ORDINANCE NO . 55. SERJES OF 1998 (COUNCrL BILI NO . ~5. 1:-.'TRODUCED BY COUNCIL
MEMBER BRADSHA IV)
AN ORDINANCE APPROVING THE SALE ON THE OPEN MARKET OF A PROP ERTY. Wli!CH
WAS DEVELOPED FOR THE "BUILD" PROJECT
Council Member Br.1dsh.,,,. ad\'1SCd 1h:11 she h.,s been on the phone 1od.1~ ,,11h some peop le ,, ho adjo111 tha1
property Apparc111ly . she said. there is some gr.iffiu cm tha.1 propcn~ and so me \\Ced problem s So there 1s
some conccm I here Ms Bradshaw 1101cd thal she lcn•"-"''S II docsn'I ha , ca \Jung to do ,,1111 lhc Council Bill.
but her conccm is that propcny h.1s son of just bccm l\cft to Sil and go 10 rum . She po1111cd out th.11 the
,,ccds. "hen sl11,: ,,cut oul there . \\ere llPell abo,c ""l1;11our Code Enforccmcm Officers would tolerate .
City Attorney Bro1 zman advised th.:u a concern of tlLe ,purchaser 1s they ha, e a clOS111g date set and 1..hey
nould like to gel in there . He staled tlu s 1s an C.'(1JOhce officer and ob\'1 ous l~ he ,,ould like 10 be present at
the si1e so he cou ld lake care of 1he grnffitt. take C1CC cl! the weeds and iak.c control of the propcny and stop
thal. Council Member Bradshaw said th.11 was good.
Vote results:
Ayes · Council Mcn-bcn ~abhol 1 .. Garrell Br.1dslt:1". Habenich t. Waggoner.
Clapp
E ■&lcWtHJd Cily Cuui;,J I
Au1u11 17, 1998
Page8
Nays :
AbsUtin :
Motion carried .
None
Mayor Bums
) .. ,, ) b4N)K'j
1(11l1 1 •J ,f
(iii) COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED.
TO APPROVE AGENDA ITEM 11 (b) (Iii) ON SECOND READING.
ORDINANCE NO . 56, SERIES OF 1998 (COUNCIL BILL NO . ~6. IITTRODUCED BY COUNCIL
MEMBER BRADSHAW)
AN ORDIN~NCE APPROVING PURCHA~E. UNDER CERTAIN TERMS AND CONDITIONS . OF
TIIE DEPO',· PROPERTY FROM ENGLEWOOD HISTORICAL SOCIETY .
Vote rcsultl:
Motion carried .
Ayes :
Nays :
Abs1ain .
Collnr.:i J Members Nabholz. Gan·ctt. Bradslur ... Habcmchc . Waggoocr.
Clapp
None
M;iyor Bums
(iv) COUNCIL M-'1BER BRADSIIAW :1-!0VED, AND IT WAS SECONDED.
TO APPROVE AGENDA ITEM 11 (b) (iv) ON SECONr iii:.\DING.
ORDINANCE NO . 57 . SERIES OF 1998 (COUNCIL BILL NO J7. INTRODUCED BY COUNCIL
MEMBER BRADSHAW)
AN ORDINANCE APPROVING EXCHANGE OF CITY-OWNl:O REAL PROPERTY FOR REAL
PROPERTY OWNED BY ENGLEWOOD HOUSING AUTHORITY UNDER CERTAIN TERMS A.''D
CONDITIONS .
Vore rcsulls:
Nays :
AbS1i'llll
Motion carried .
Council Mc ,.,bcrs Nai:>holz. Gmc11. Br.1dshaw, Habe nich t. Waggo~.
Clapp
None
Mnyor Bums
Mayor Bums rc1umcd 10 lhc d.11s . He lhankcd Mayor Pro Tcm Hnbcmclu for ch::unng thal 00111011 of the
meeting .
(c) Rcsoluuons and Motions
(i) A rccommcndalio11 from 1hc AdministraU\c Serv ices Depanment 1oadop1 a
rcso lull on csiablishing empl o~ce compcnsat1011 for IIJ')l) \\:JS consider ed.
TI\C resolution wn s assigned a nl!·nbcr and rc.1d by tnlc :
RESOLUTION NO . KK. SERIES OF I99X
A RESOLUTION APPROVING COMPENSATION PLANS FOR THE CITY MANAGER . THE c1n ·
ATTORNEY. THE MUNICIPAL JUDG . DIRECTOR S. MANAGERIAL . SUPERVI SORY .
CONFIDENTIAL . UNCLASSIFIED AND PART-TIME BENEFITS-ELIGIBLE EMPLOYEES OF TI!E
CITY OF ENGLEWOOD FOR THE YEAR l'l'J9
•
•
•
•
•
•
EnKlcwood Cit) COIUl<11
A•K•" 17, IM
h) t. ll I 111 . ,,
P111< 9
COUNCIL MEMRR WAGCONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA TTl:M 11 (r) (i) • IWiOLUTION NO. 88, SIRJF.S OF 1,98.
Ayes: Council Members N■bllolz. Gnm:tt. Bradshaw. Habenicht.
Waggoner, Clapr•. Bt."111
Nays: None
Mollon camcd .
(3) :..1a)ot's 010icc
' '
I. Mayor Burns adviled thal Ille Olde Tyme F11ir is lhis weekend 31 Miller Field. both Sarurd3y and
Sunday . He said he •ill be there Salurdily 10 help kick Iha! olT and he encouraa,.d cvel')'on e 10 go .
2. Mayor Burm szaal lhal the Malley Cc nlcr has a picnic on the 20 -" and recognition or volunletrs
on the 2s• He S3id he tllldent,Ads some of 1hc Counci l members ha\'c volunteered 10 appear a1 that He
said he 1hinks he can muc the picnic. but he may 1101 be able to n\ilkc the volun1<-cr cclcbrauon.
J . Mayor Bumscommcn1cd thal he thoug ht t..hc Busmess Appreciation Brctlfast. last TI1ursda~.
wcnl vel'\ well . He ooccd we had four 111cmbcn of Council there. Cow1eil Members Nabhol1_ Bradsha,\,
Habcniciu :md himsc!f. Mayor Bum s congr.uulatcd ll1c Neighborhood and Busi ness De\'clopmcnl
Dcp:1n111cn1 for !he fflltt ,hey did Md An Scil,clli especially did an awful 101 of work on that. and Bob
Si mpson. Ma)or Barns opined that we have a very good relationship with both our rc1a1I and
manufacturin g communiucs who were present a1 that brc:ikfast and there seems 10 be a good feel ing of
suppon for the Cindcrdb City project.
~-Mayor Bums 5'3lCd that tomorrow is our dcmoli1ion cclcbra1ion al 10 :00 a.m. He encou..ragl!C
C\'cryonc 10 be there and noted that of counc the public is mvi tcd and the Slaff. He noted it shouJd be a loi
of fun . He said 11 ",II rcJ.lJ) ki d off the dcm oli 1ion phase of th e Cinderella City project
5. Mayor Bums congr.uulated Laun Clapp on her \Jd ory in the PrinuU)'. for tJ1c Republ ican Part) in
District 37 .
6. Mayor Bums commcrucd th,1 1 the norcscc11 1 ycllo\, and green schoo l crossing sigru. \\ammg
signs. th.11 have been pnr up are really VCI)' ob,io11s and he tlunks they arc exce llent.
7. Mayor Bums ac-.ucd that Frida~ he will be at the Go\'crnor's Mansion for a barbecue 10 i:.cccpt a
Sman Growth Award for the Housing Pnva1c Ae1h·i1y Bond Program . He s.1i d lhc Mello Mayor's Caucus
is receiving one of L ·~ a ,-a rds. wh ic h lh~ arc \ Cl')' proud of. He s.1i d ii wil l be his honor 10 be lhere to
acce pt tlial .
(b) Councd Mcmbcfs Ch oice
I. She S3ld she uou1d also hkc to ru 11gra1uJ:11e Lrnn Clapp.
She lhnnkcd Noghborhood a,Kt Business Dc,clopmcnl. An Scibclli and Bob Si mp son. fo r th e
Busrn c °' Apprccl:l-uon Breakfast Ms . Nabholl s.11d she 1hougl11 it was very niccl~ allcndcd
3. She advised Ul31 Sa1urd.1y she a11cndcrl a :-.JEON. a neighborhood orga nm u1 on mccu ng. tl1e~ ha\c
s1ar1cd t.h.11 back up agam TI1crc w·as a bike dccor.,1111g contes t. a bike race for Broncos 11 ckc1s and Rockies
11ckc1s. Some of our offrcc:rs showed up !he re she s.1id. and active ly pani cipatc d in \Hiter fights \.\i tl1 1hc
kid s and Judging the bake races and judging llt1: bes t dccor:u ed bic)clC , so ii was a fun lime for all
Englew,.,~ Cily Cooncil
August 17, 1998
PaKe 10
) flJ) l H I II I
I 1,1 1/
4. She uia she would also like lo UllUlk L.tdd VOIIJ)', Rick Kah.m 1111d M.) Gtallarn . Ms. Nabbolz
advised they hnd a rnccling last TI1unday 81 the Library with the ncigl,bon lhal""' C</1;,'<!"lcd over Oic
Dru,moulh traffic issue and Ollngs arc staning 10 CO)))e logcther 001 Iha&. She tl>ought the nexl p,ca:.
according to Lieutenant Knoll , is enforcement as lo bow lhcy can "''Ork lh:ll in.
s. She said she would like 10 know where we stand in addressing Barbatil Fout's letter thal she pu1 m
all !heir packets las1 wcckend.,,nnd one was dropped olTal her home . rcgardu>g w CH) di1ch .
Mayor Bums slated that he spoke 10 Dan Brotzmau lhis morning about tJ\31. He said he understands that
she has not gone 10 Siu Fondn with t11:11 yc l. she \\'CIII directly to City Counc:11.
DirCC1or Fonda ndviscd lhal he hasn't gouen back wilh her yet. He said she callal and tllen they wcnl ou1
and investigated nnd OlCy an, going 10 give her ll proposal 0111 Ibey lhiok auglll -... where we could pul
in some piping en pan of her propert y to pro1 ec 1 the house th.11 is bclo" it and then ~ would pipe up 10
her property on Lhc other side. Mr. Fond., sL11cd they haven't discus.sod this ",IJl ha ya because he thinks
she h.'lS gone on vacauon or something. Titnt should work . he said. bu1 ,r II docs-m&NJnuc to leak then we
would obviously have to pipe il. b111 we will Ir) evcr)1hing we can 10 a, 01d p1pmg 1L bo:ausc it is an
amcni1 y in her backy:ird
(ii) Council Member Garren :
I. A resolution supporting the choice of the Englewood Emironmcnaal FOUDda&Joo and
M,llcr/Weingancn as 10 a residenti al dc,clopcr for lhc Cinderella City sue was :;onsidcrcd.
(Clerk 's note : 1l1i s rcsolu1ion was listed as 12 (b) (i)on tJ1e Agenda.I
Tne resolution was assigned a n1unbcr and read by 1i1lc :
RESOLUTION NO 89. SERJES OF 1998
A RESOLUTION SUPPORTING THE CHOICE OF THE ENGLEWOOD E1'\ 1RO:S'MENT AL
FOUNDATION AND MILLER/WEINGARTEN AS TO A RESIDESTIAL DE \'ELOPER FOR THE
CINDERELLA CITY SITE
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED. TO APPROVE
RESOLUTION NO. 89. SERIE, OF 199K.
COUNCIL MEMBER CLAPP MOVED TO AMEND RESOLUTION :\0. S9 l v SPECIFICALLY
PROHIBIT ANY FEDERAL MONEY OF ANY KIND, INCLUDl!'iG SUBSIDES •·oR RENTS,
ONLY PERTAINING TO THE HOUSING COMPONENT OF THE Cl!>DERELLA CITY
DEVELOPMENT.
Co1111c1I Member Clapp asked 1r an~bod~ had :m) q11c s11011s. if 1h.11 was c lear t,hat sh e "as trying 10 gt1 :u
here
COUNCIL MEMBER BR,\DSIIAW SECONDED THE MOTIO!'i.
Ma~or Burn s said he h.1d a questi on , He slated ,,c arc nskmg for Feder.II nlOae~ fo r this parkrng structure
He asked 1r 1ha1 1s go 111g 10 gel mvoh cd III this al :1II Council Member Clapp ~JU.SI the housrng
component Ma~or aums co 111111c111cd lh,11 hous111g needs p;1rk111g. he as lo.ed 1f t!...Js ~ts us 11110 tJ1a1 area at
all .
Director Si mpso n s.11d he believes he 1111dcrstn11ds 1h:H there urc concerns ll\Jl t!-..ci ma1rJa 111 long tcnn
quality :rnd he 11ndcrs1:1nds th at 1s the go,1 ! He slated that hi s 0111~ concern 1s Sl ~~ 1h.11 \\C do have some
•
•
•
•
•
•
t.,.ood Ch) Council
Aapst 17, IIWN
,,1 nJ
I UJ.
Pqell •'
clilf11CUhy uying to figw-e out how to make 1,Ji.js: whole project come togc1hcr al lhis time. • i 1 ·impson sxJ
he believes ii is ,·er)· unlike ly llial we will use a11y of these kinds of funds for Uw1 arca. Uwt ho is jus1
"""""1l<d about procludin11,11y opt ions at Uus lime. If U1,11 is where Uic Council goes. he advised. u,~
win make sure i1 ,,arks that way.
CowacH Member Habenicht said.,.plC115C corrccl her if she if wrong ... lh.11 ii is her undcrstJi"Ximg that \\C,;lJ.
this resolution 1s doing !s sa)•ing tJwt Cow1cil approves working on n development agrccml,,f .1 ·ith these
people. And no1 kno\\ing what might come out of thut agreemen t. we wouldn't put in any kind of
Slipulation at this point. lllal we arc not taci1ly :ipproving or disapproving any agreement that nught com.: :o
us. "car: Just ind1cati,1g our Rippon of moving ahead with that. She asked if she is reacting tJus nght or
arc we malrn11 sonic sort offonnal ag.rcc 11!cnt tJ\i1t we arc going to be doing something 1l1.m she docsr,'t s..--.:
written here. Ci~ Allomcy Bro1zman C."<plaincd 1ha1 Llus was saying r.hat you arc nego1iaung. bu1 he
thought whal Council Member Clapp is looking for is ... negotia1c i~ bul don 'I do it wiU1 any federal
subsidy . Ms . Clapp said that is right So. Mr. Bro1 11nan s:1id, there is an additional condition .
In response to Council Member Waggoner. Cil) Allomc) Brot1.m:m :idviscd th.11 in ncgotiau ng the
agreement, one of the tenns they would add is ... )'OU may 1101 use a federal subsidy at any time. now or u:
the futwc, oo this project. But. Mayor Bums s.1id. you :ire not t.1 lking about the whole projca. Mr
Brotzman saatcd this is the Forest City component of the project
ii Member Brndsh,1w SI.lied. even though she seconded th 1• amendment Just for discuss1on pwposc:5..
as she thought it was somctlung Council nccdcd 10 discuss. th:it she is going to h:ive 10 \Ole againsl lhc
amcodmcnt.. bcc:lusc she thinks the financing is so criticnl. espl-cially on t.he residential component She
commented lll.3! she spcm Ll1e l.b-i five days helping a fnend ,, i10 is rclocming to Denver, probably ,,s1u:.-!
28 different apartmcni complexes. and the majority were ,, 11h federal funds and she did 001 sec,, here t..b.c=:
"'-as a dc1cnorauon or :tn)thing in the qunlily . So. she said. she would ll.1,·e 10 ,·Ne ag.1.inst Llus .
Council Member H1bcnich1 stated th.it she wanlcd to clarify for her own thinking !.l·m when ,,c do coc:..:
up with a dC\·clopmcnt agreement there sti ll would be a11 opponuniry if 1h.11 was p.1rt of it or not part of
i1 ... 10 citl1cr agree or disagree or make amendments at that time. based on lhis is.sue. She asked if that \\:lS
rigbL Cooocil Member Garrell said he \\OuJd like to clarify th.11, only because Council will not do an~
ocgolialions. the Em iroruncmal FowWaiion is looking 10 the Council for gu1dm"CC on how the~ will looic iJ.
their negotiations.. But he said. he think.> wha1 the rccommcnd.ition is . is Ll1.:u iu our wisdom llus is "hat
we think you should do . It is 1101 bmding. he noted. but 1hc~ son of lake our v1ew1>01111 as pcrmasl\ e \!.:
Gam:ct ad,iscd Ll1.11 CoW1cil ,,111 not sec 1he dcYclopment agrecme nl. C01;nc1I Member Habcnichl
quc:slioncd th.'U tl1e~ ,, ould not sec the dc,·elopmcnt agrecmcm at all. Counc:I Member Garrett exp lame.:.
Lhcy "'111 . but 11 ,,111 be la1c m lhc process. He op,111 .. -d tl,:11 1f Council is go111g to do I his tht..~ should do ::
11CM. give them guidance no,,.
Council Member Waggoner asked 1f flood insur.uicc 1s fcder.llly subs1d11ed . D1rcc1or Simpson s.11d _\C:S.
Mr Waggoner commcnicd that what Little Dry Creek \\111 carry is :1 JOO )car s10rm and there 1s also "ri.;.:
they call a 500 year sto nn. "hich could very easily nood lh:it \\hole propcny :ind )OU would ccnaml~
"-ant. if a\•ajlablc. some kind of flood insurance . Director Si111pson :idv1scd thal flood 1nsur.mcc 1s 1Juou ;;;:
FEMA. the Federal Emc rgenq Management Art. Which. Mr Waggon er 1101cd, 1s federal funding -
Council Member Clapp s1 :ucd they cou ld exclude 111sur.111cc. th.m she 1s lookmg fo r co11trol fact ors Sh..:
opined th.111he C1~ should ah,a}s mamtain co111rol of1ha1
Ma)or Bums Sl;J.ICd 1lL1t he \\:IS ;J.ISO gomg to ,01c :1gains1 n. He said he under s1:md s Ms . Clapp's co n.:::::-:
and 111 s not the 1111e11110 build so111c1 luug subs1di1..cd. th:11 lus probh:111 . as lhe Counc il represcnta11,e on :.-_c
Housing AulJ 1on1~. 1s w1Ll1 asswning that anything Iii.II might ha\'C a federal subsid) 1s substamlard . He:
emphasized th.al tlung s 111.11 the Housi11g AulJiority h:1,·e bu1lt l1.1ve never been subst :uidard . Some of th e
uruts "here the~ ha,e IL1d comp lamts ... where you have Section 8 1cn:u11s, for inst;mcc ... arc 1101 o,,ncd :-:,
the Hous111g AulJ1om~. He explained they ;uc pnvatcly owned and Ll1c \\ hol e ide;i of Sccllon S. 111 lha 1
regard . w:is 10 h:i , e pcop!e l1 ouscd in pnvatc homes. ins1ead of standing the cos 1 of bmlding publi c
EnKl•>1·0<1d Chy Cuunc,1
AUltUll 17 1 19!.'k
Page 12
ltl )fto,1,,·11';,n:'4
,,. I l:JIII
I I'"
facilities . Bui olso, he S4ld. he is nol clear caoup"" >1hcthcr lhis woo Id l111pac1 !Ill)' other kinds of federal
funding on Utis project !IJ1d he juSI has• conc=n ;ii,out iL Mnyor Bums Slated he docs no1 lhink Utis
Council Intends, in any w.,y, 10 build a substmcbnl pn,duc:t over Uic,e, or hove II bu/IL Bu 1, he ~,id. he wu
nol clcor enough that this would 001 be some prat,lcn1 in the future .
Council Member Hnbcnid11 said she still docs 1101 bl\,: a dear undemanding. She noted she Is considering
voting ngninsl this, liun she undcntands Council Member Clopp :'COiiy wa nt s 10 3\Old seeing U1is become a
Scc,hrn K Housing Development and she thims a lot of people In this commw1i1~ would ngrce \\ith that.
Ms . Hnbcn1ch1 said she undcrstnnds U,c dctxlse is ,-ill lhis morion hamper nny fcdern l fundin g or n01 ... bul
what she is asking is if Council would not p;m: llm .uncndmcn t. later when this de\'clopmcn l 3grccmcnt
comes 10 Council , if it 11.'.15 somcU\ing in there th:n ays Section 8 Housing. thm Council C3l1 nt thm poin t. by
not \'Cling fa\'Orably for this. that doesn't mcm ~ arcn~ saying they would disagree with tkn at some
particular point in lime . She nskcd if 1ha1 was rigll. Ciry Attorney Brottmnn s:ud he U1inks Cow,cil
Member Clapp is :ictutllly doing the revcne. wtm "She is sa)fog is proactivcly "ark on not inciuding
funding from Scc1ion 8 or similar sources.
Director Simpson commented th,1 1 he docsn"l lcnoJr wlut 3lf 1h.11 implies and he 1s JUSI fe3rful of 1h,1L
Counci l Member Clapp suucd th.11 from 1ocby to romoJ'TO\, ag rccmcnls arc forg o1 1cn and changed unless
1hey arc pul in wntmg
•
Co uncil Member Garret! advised th.11 one of bis CClftCCms would be ... and he 1hou 1i?.ht 11 was ,,onll\ of
discussion now ... bcc.iusc they know how ddiat~ 1hc financing of 1his little p.,;kagc is tJ1m 1s being pu1
together .. if it comes 10 Council wilh somcthmg dmt tJ~ might rin<! objection:iblc. but it comes so 1:ue m
the process that .ill or sudden the house of e1:rds a:!1:1) fall Council Member Brad.slm\, s.,id that ,,..l.S a good
point. Mr. Garrell stated lh..it is his concern a:nd 'If' 111 is an issue now they should de:Jl with ii no". Bec:Juse. •
he s.1id. he would h.11e for tJ1em to come to C.ounc::J and sa:i 1his is my pack;1ge and Counci l doc!.111 want
th:1t.
Council Member Br.1dsh,1w noted. ror the bendir d the rest of Council. tlu11 probably one or 1he nicest
rental proJects we have in our City is the Marks~~ Waterford . as far ns qtL1 1il) And that she pointed
out. w:i.s 1:milt will, federal dollars and~ la\,: eD lm\'c a ecnni n pcrccn1age of different incomes in there .
You can'! m .. 1ke more than $65.500 for one pcrsam.. th:u is the income qunlificaucn
Council Member Cl:tpp s:Ud she would guess be poi n1 15.. do we en:r ,,-:1111 10 be m the situ .. 1tion "here the
fcdcml govemmc111 is 1:tyint out guidelines for ::i: ~jcet th.1 1 rc:1lly should be un d.:r 1he co ntrol o. ;1c Ci t,
Council Member Br:1dsh.1w slated that she n::ill! doesn't think tl1a1 amendmen1 addresses thnt issue . ·
Mayor Bums said lhat he tJ1inks th;u if Fcrcst C~ bmlds II a,1d m;u1.1gcs II ns th e~ propose. th.11 11 1s their
proJcCt. not thl' City's project . He conuncmed thall th-.,t was an issue raised prc,1ous l~. as to \,hether 1hc
Ho~sm g Au1hori1~ itself was invo h·cd in !his pr0!CCI and i1 1s not and ccnain l~ 11 docs no1. i111end 10 tx
D1rcc1or S1mpso11 stn lcd lh.11 ilte Housing . .\~ 1s no1 111 any way. wl1a1soc, :~ 111,ol,cd \,1111 tJus and
they 11.:1, e not been co mulled on !h is.
Council ~1cmbcr \V;1ggoncr cn lled for the qUC5ll.Cm
Vole rcsulls on the muliun 10 amcntl Rcsolutioa ~o. 811. Scricll ur 19tJH:
A~cs Counc il ~ta:=bc.rs S::i:bholt. Garrett. Clnpp
Na~ s: Council'~ Br:1ds l1:1w. Habcn1ch1 . Wagg oner Burns
Molion def em ed .
Vote re!lulls on morion to :11,pro,·c RouluUOII "u.. 8~. Xrici or l'JIJH:
A,cs · Council ~io::tbcrs abhol1~ Garrett Br:1dslL1 ',\ Habenicht
. Wa ggoner . E!lunlS
•
•
•
Enalcwood CIIJ' Cuundl
AUJUII 11, 1998
P1ge IJ
Nurs : Council Mcmbor Clapp
Motion carried .
2. A 1csololion supponing the August IO, 1998 Ml.Ster Pinn proposed b) the Engl e\\ood
Enviror.mcntal Foundation and Miller/Weingarten ror the Cinderella Citr site ,,as considered.
I Clerk 's ,,ote : 1l1is resolut ion was listed as 12 (b) (ii) on the Agendn ,I
111c resolution was ass igned a nwnbcr and rend by title :
RESOLUTION NO . 90 , SERIES OF 1998
A RESOLUTION SUPPORTING THE AUGU ST 10. 199 8 MAS TER PLA N PROP OS ED BY THE
ENGLEWOOD ENVIRONMENTAL FOUNDATI ON AND MIL LE R/WEI NGARTE~ FOR THE
CINDERELLA CITY SITE .
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED . TO APPROVE
RESOLUTION NO. 90, SERIES OF I !198.
Council Member Habeni cht asked if this mean s that Council is rn cul~ appro, 1ng c,c~1hmg that is on tJw
dc,·clop mcnt. c;;y Attomcy Brot zman ad\'iscd Council is s.1 yi ng go fo rward "uh that master plan that 1s
on the agreement and ncgo1ia1c with the peopl e that they identified. "IUch arc Son~ and Wal-Man at thi s
time. Again . he said. the dcn lopmcnt agreements will be comin ~ ba ck to Council. ~a u will sec lhc:n. you
"i ll get to go over th ose. e.xce~I wh :11 you arc reall y sayi ng at 1!1i s point. 1s 10 go fom ::ud . these arc the
people that you wa n! lo sec co me 10 thi s sir e .
Council Member Habemcht slated that she h,1s n J blcm \\i th s.1) 1ng let 's mo,c ahc;u1. we ha ve been
working 1ogether, lei's sec where \\e go from here. but she doesn't \\3nl 10 be m a s11um ior1 \\ here she is
going lti disagree with 50mcthing lhal she secs comin g up la1er and all of a sudden she has given awa y her
ability 10 challenge something or 10 ch,1ngc something by making a vote on . rc.1Jl y. so mc1lung tJwt she has
nothing 10 look at. She s.1id she just wanted 10 clariry Ll1at. She asked 111'1l she IS asscming 10 here. City
Attorney Brotzman stated that she is no1 gh·iug up ... and the rcsoluuon actual I) talks about this ... any
govcnuncntal authority . Which means l1"1t aJI of the regulatory iss ue s that she has. sh e keeps and she
doesn't give 311J' of those up. For insiancc. he ad,·iscd . all the zorung issues . des ign iss ues and design
standard! arc g, ,ng first lluough Plann ing and Zo ning. So they sec them an d make rec ommendations upon
lh osc . TI1osc arc coming back to Coun cil . Mr. Brotzman said . tllC) ne,cr g1,c those up What they arc
s.1 ymg is th.it 1hcy :i re sup po ning 1.11c En vironm cnl al Fo unda11011's pl ;m th at 1s on tJ m, docu mcnL mcludt ng.
Council is 1cllinr lhcm 10 1110\'C forward with ;1i.:go 1i.:•io ns and finali ze th e nego 11Jt1 ons ,,11!1 So ny and \\1th
Wal•Man . 1l1osc will be coming back to Counci l and Co mtc il will be makm g rcq ucs 1s to make
recommendations upon !hose agreement s III Ult.:ir fina l fo rm ... bul Co uncil \\ 111 proOOb l) be sccrng 1hem m a
fi nal fonn at th:u time .
Co un cil Member Habcniclu staled th,11 she would love 10 be abl e 10 moYe for\,:1 rd :u1d \\ 1th C\C ')thm g tJw
comes up on this issue and the rrdcvclopmcm to be abl e to ,·01 c fo r 11. bee-,u se she 1s , c~ supportive of
c, Cr)1hin g. Sl1c s.1id she is very supponivc or a lot or the concept s. But ~he no1cd.. the ponion of that thal
she is nol very supportive of and she would gu ess thal It would be diffi cult fo r her 10 , 01c fo r thi s rcsoluli on
bc c:,usc of i1 . alt'-1ough she \\an ts 10 be in stron g suppon or go mg .1 hcad ,,·11.J1 th e 11cg0 11a11o n. trying to do
the \'Cl')' best ,,e ca n. 8111 1r th at is 1:ici 1l ~ ;1ppr0\ 111g \\k1 1 he sa id. then she 1s not so sure sh e can go there
:u,d she would have 10 , 01e no
Ma yor Bum s urged Council to 1110,c ah~td ,,uh tl11 s rcso lu11011. that hi: LJ11nks 111s , ua l lll.lt we move ahead
\\Ith our 11ego1i;11.io11s \\ilh the cin ema .i nd Wal-Ma n . He pv 1111 cd ou1 1h.11 \\C re:ill~ ha,c so m: dea dlines to
meet wilh RTD .111d he didn'I thmk we co uld mcc l th ose unl ess \\C mo ve ahc.1 d \V al-\fan 1s. he staled. a
sou rce of s.1 les ,a~ revenue and !h at 111c:111 s so much as far :1s th e fi nanc mg on tlus proJeCI 1s co nce rned. He
sn 1d he thmks lh c Co un ci l has .1 grea t dea l of co nln,I 0\'er llu s pr0Jec1 al th e pre sent i1 mc and \\1II co nunuc
EnRlewood Clly Countll
Auvu1117, 1998
P111< 14
l1Uh1 l II I hOOJt I ":\
11 i.'
10 hnvc that control and ii iJ: liraie 10 100\c :ihcnd "'ilh these ncgotia1ions 10 meet our de.ad.Jines . Council
Member Bradshaw concumd well whal 1w: SAid .
Council Member Clapp Slaled dlll •-10 my, for Ille r,ccrd. dial she docs suppon Cind1:rr\ln Cit).
1 .. Jt she diinks we 118\·c a I""'...., thal she definilely feels 11icy could put some safeguards in ,n rc:ia,d 10
the housing and t.t-.at componcal sbe conunucs lo Ix very uncomfonablc with and for lhat rcasor ·l1c
probably will not be supporting doc rcsol111ion .
Council Member Nabholz staled lhlll she also lc1< rcsc:mllions in regard 10 lhc Sony Theater and she also
shnrcs th e concerns over the housulg a -:i or it. but she docs 001 want 10 sec us get off 1mck and dcr.ul
this . She emplm11.cd they have •Mo: v long and hard and 11.1\'C a 101 or tilings in pince . But . she said.
she hopes that they \\111 con tinue lO be,:\ diligent and watch o,cr th.is project So. she advised. she mil
be sup,>0ning Olis project . May..-Bums .,a he agreed.
Council Member Bradsha\\ called for I.he question .
Volt rcsuUs:
Ayes : Council Members :~abhol1.. Garrett. Bradshaw. Wnggoncr. Bums
Na~s : Counci l Members Habcnichl . Cl.1pp
Motion canied.
3. Council Member Garrm ·ad,risirl Council that he "ill :101 be here for lhc meeting on
Scplcmbcr 311>.
(iii) Cowx:Jil Member Bmdsh.,w ..
I. She congrJOulatcd ~ Clapp.
2. She noted when she waOII Council in tlie IIO's they lc1d Comteil ethics and she would like to
advise stalTlo look at !hat. She said tllcy wcrejast some ethical procedures dull all or Council""' a,,:in,
of.. that we don't t.1lk abotu 311011a Council member ... we lalk to lhcm. not about them ... those kinds of
things . Ms. Bradshaw stated ~ did have ethics and ir they did 11.1,·c a question the _\' 1alkcd 10 the person.
iustcaJ of talk ing tllrough other people Slie said she would just like to have staff take a look nt that.
because 11 is on record . but she cit.:in, have a copy at home
3. She said she wnnux:l 10 g,,-e Council a hc:'lds-up th.11 a monuary is proposed ;11 Danmouth ,ind
Unh·crsily
Mayor Bums S1atcd th:u he tn.t some con1ac1 on this too and he had the minutes of the Planning
Co mm issio n mcc 11ng fa.xcd to ht.mt and ... llUs is his D1stnC1 so he had many pcopk ,1ppcar at the hearing
of the Plannmg Co nuruss1o n on Tuc:sda~. He asked ,r they arc 111 ~uas1-jud.kial at th e present time . Ci~
Attorney Bro1 1..man s.-ud th.11 is ~d M.1yor Bums com111c11tcd th.,1 he is sure th e} will be hearing more
aboul lhis as 11 mO\es 10 1hc COdDCll
Council Member BmdshJ." sr:tti:d 111s lJ 1e church propcn~
Com1C1I Member Wa ggoner ~Id !be widcrstood lhC) :arc co mb111111g the church n11d the mortual) area.
Council Member Br.idsh,1\\ agr.eed
Mayor Bums ad\l SCO he recc,..,t:d a ca ll N I thi s (·0111 Dc ll\cr C11~ Co un cil Member Jo~cc Foster . \\hose
disuicl is nglll across !he , ucct
•
•
Council Member W1ggoncr a.skat ,r II will come 10 t uy Council for a p11bl1c he.iri ng and the \\hCllc \\Ork.s •
Mayor Bums s.11d ~cs
•
~IN")1!tft!f Enalewood Clly Col'lldl
Auaull 17, 1998
Paae 15 " J ""t ,~u!Ju/
,r 'Ji.'t
Council Member Wa88oncr a51.ed if ii docs take a zoning chanse , Cily Auomcy Brotzma :said •h• was
comet
Council Member Hnbenicl~ asked when 1ha1 public hcarins will bo . City AUomcy Br<M,-, advised it has
gone wltl1 Planning and Z,,nins and they approved it. Director Simpson said he nill come ID Council for
first rcoding probably around the B~ or September and tl,en probably as a public hearing :uuund tbe 21•.
The public hearing will be set at tl1e first reading.
Council Member Bradshaw staled this has caused great concern with her neighbors and shi: llhought
Council needed ,1 heads-up.
(i\') Council Member Clapp :
I. She noted th ey received a ccpy of an article . she thought was from the Post. but siDe can't be
certain . on 1hr In1cmc1 regarding an i11c1t.knt with an adull and a I J year old . She said it didn't specify
,. ''ether thnt was R home computer or where th,11 actually took place. She asked if she could find out. th.11
s11e \\', s rcnJ curious.
Ci1y Man.1gcr Scars said he lhought it \\ilS a home si1umion. bul he would find our 31\d get Iha, information
to her.
2. She apologized as she meant 10 make ii 10 the business brcakfasl bu1 she had 10 go 10 a press
release on the morning or the breakfast.
Council Member Bradshaw aski..J if she would co ntinue to serve on Council through tJ1 c dc.::tion. Council
Member Clapp sai d ye!;. through November, un1il the Gcneral ... il is not over uuti1 the CJCnia-al . wluch is
November J'd .
Council Member r radshaw advised that people ha\'e asked her and she thought tha< was ~ts. Clapp's intent.
Ms . Clapp said yes that is her intention and she bcl ir.ves she has made a commitment to the olizens witJ1i11
her District and 1ha1 was to follow through on Cinderella City and thnt is what she intends co do.
(v) Council Mc1nbcr Habenicht :
I. She said she also wanted 10 congr.uulate L:mri Clapp .
2. She noted she and Ms. CL1pp \'Olcd no on th.11 second resolution for differcm rcascos.. bul she has
bct!n rc.1lly pleased as to how they ha\'e been \\Orking 011 all or thi s. Ms. Habeni cht s;ud .sbi:: j ust -.anted to
make a comment about that. bccJusc ii ,,as d11 !1cult 10 \'Ole no on that rcsol lion But she swd.. she tho ugh t
11 was imponmll to do so
3. Sl,e co111pli111cnted our staff in lt.:nns of \\h:Jt we have be.en doing ,,1th the bus ma& community
anr' he business community breakfa st She ~ id she Lhought Llial was about the founJ1 one v.c ha,e hart
so•,• dnd each one has been very gralifying. Ms , Halx:nichl noicd lhal she shared a 1able 1<tli.!i lbc: yau rg
c1 • ole who ha\'e purchased the Melody Music building for lhe Co11holic store. She s.1.1d u -.;as rc:i..11~
i11. ~es 1ing visitmg o1bou1 thill nnd she just lhought she would sha,c Lhat she understands II l!i o ne of the
oldc:it buildings in Englewood and that it might h:1,·e been a stugccoach stop ;11 one pomt w. tune. Actuall y.
she :1 dviscd. Rosemary LaPor1a wa,;; :11 1ha1 table and she had ~n doing some research oo mat _ ~ts .
E.,:-.c nicht said 1ha1 sh~ would like 10 suggest that m.1ybc !he Hi stofica l Soc1e1~ m1g.h1 loo~ i:nto th.at and
i!1'.!_,, mi gin be so me l1elp to these p -x>plc . Sl1c understood 1hat they arc redoing 1l1e \\ l1olc to p pi1It of tl1c
buUding .111d it sounds like it will be uul 11.ed \·e~ well. She stated H was a \e0 111cc brc.akfasl .
Ma)Or Bums slated that he lhinks II is un ponant tlt:ll we emphasize L11c ,,ark that ,,e are: dcmg on
Broad,,ay as we do the Cinderell:1 Cuy project. beca use th :11 1s very imponant to those mc~ns.
c.w...i Clly Cou11dl
~17,1998
l'"lt1'
r, ul
1
• Ms. ¼lbcnichl asked if Council could g<1 a rcpon som<1ime ns 10 wha1 is going on wi011he Golhlc
pmpcny. SI,: asked if the nonhca.s1 arcn is su pponh'C of1hnt. Council Member Nabhol:t. advised that she
Lalkcd to All Scibclli the other day and 1hc gentleman tha1 bough1 tl1c Gothi c ,,111 be in town . She staled
she bd .-loiied 10 Mr. Sclbclll tllAI !he nexi 1l111e he came 10 1own she wanted 10 sil dOWll nnd meet wilh
him. bo::Me they nrc doing n 101 ofw,,rtc . So, she soid, she will 1ouch bBSC \\ith Mr. Sc1bclli and get on
updae.
13 Cil}' M1n1gtr's Report
(a) Ci1y Manager Scars 11-,nkcd Council for tl1eir suppon and dircc1ion on !he projecl He
said he knov,'S that staff and Counc •1 working 10gc1hcr will make this project go and It! knows staff 1s
11'0rkcg c:mcmcl)· hard as a tc.1111 to tr) to pull together tJ,e best way 10 accomplish tJus to bring it back 10
Cow,cl.
(b) Ci!)' Man.,ger Sears tlsmked P:mleua Punccn:111. Chuck Esterl) and Rici< Knhm for
punmg together the demolition project 1omorrow. He noted they ha, e rc:ill~ done this 111 a vc11· quick
u.mdamc. Leigh Ann Hom1:ncs helped ou1 nnd a few olhcrs and. he s.11d. he tlunks ii will be a rcnl
o.au:ag time lomorrow and he knows lh:11 due 10 their efforts. espcciall~ ~1s . Puncercll1 's. 1k11 tJus thing 1s
rdJr going 10 cnme together.
(c) City Manager Sears 3dviscd th111 we arc in lhc process of hiring a Human Resourtcs
Dno.:10r :ind 1''C h,1\'C over 250 applic:11ions for the position nnd he was happy to sec that Mr. Sears stated
b:: 1s -ark.ing "ith a group of dep.1nmen1 heads and emplO)CCS to do some scrccning of the candidates .
Also. be staled. he has been in contact \\ith Bob Bra1jl who ts the Personnel Director fur Swedish "ho has
•
been •iJhng and very interest ed III wortr.ing wiLh him in the sclec1io11 process. along with a couple of other •
huma:I TCSOUltt people th:u will also be in the sdcction process around mid September City Manager
Scan op,~ th.n we have some re.ill) qu.1lified people in the nm11111 g for 1h.1t job and the) w1 l11:\kc II real
.mong look ilt U)•rng 10 fill th,11 by the end of Scpl embcr .
(d) City Man.1gcr Se:irs noted we nrc in Ute middle ofbudgc1 righl 110\\. He reminded Ann
Nbbclz and Be" Bmdsh:iw tltal tl,ey wlll mec1 Wednesday 10 go lhrough tl,.1. He advised 1lut1 Frank
Gr,-gk-aicz and the dcpanmcnt heads have bee n ,,arking on the various issues and he is , Cl) impressed
•1th Ek quality of the budget so far . l11erc 11.'lS been a lo! of prepar.nory work and pullmg toge1hcr a.II of
the dcails. so C\'Cl)'bod~ has been working through lh,11
(c) Cily M :m.1gcr Scars s.,id 1hat he kHO\\S 1h.1t Jerrell Black has been 1alk111g to Paulena
Pmlcndli about some type of award and he didn't know if thi s too prem.11urc an announccmcn1 He
thmgr;I Council might be in1crcsted in it
Dueao, Black ad,·iscd 1h.11 the~ j ust found out L1s1 Fnda~ lhal \\C rece ned a R,.:g1onal S1:irbt1rS1 .\,\nrd
from r:be Colorado Lollel') He said th e~ submincd the atrpl:mc 111 Belle\ IC\\ Park as :i spcc i:il proJect and
~ m:eivcd 1he Meua Arca A,,ard for the amou111 between $10.000 :m d SS0 .1100 So . he noled . \\C 11..1,c
a ;,tacpc'. and the)• will be some pho1os and some infommlion tlu it the Lollcl') "ill be i)U tu ng 1ogc 1her 10
sh,oo y a our SL11e conference the first week of October in Gr:md Jun cuo n TI1crc arc 1wo other recipient s in
the ~o~ across the St.1tc . so there ,ull three in lhc nmn ing for 1he Stale :m :i rd :ind they will rind that
OUI ac tN1 umc Mr 01:tck 5.'lid 1hcy arc c,1rcmcly plca ~-d :md Ga l') Hultb erg. our Rccrcatton ~tanager.
chd a kt of h:l.td wo rl,. pulling the infonn:111 0111ogc1hc r n1k' subnu11in g 11 to the Colomdo Loncn He staled
-ac an-pic.3sed to be a regional "11111cr
Cou.10l Membe r H11benich1 :,skcd 1f"e have sh,11.:-d 1ha1 inform:111011 \\llh Lockheed Mar1111 . 1h.1 1 thc-
m.igh. ant 10 pu11 k 11 in 1he1r cmplo~ec 11cwslc 11 cr She s:ud she thou gh , that goe'i 10 t.hous.111ds of people .
bul ),.-it: UlC'\, 1he~ took :i big role III that and pcrh:ii.,s 1li;11 1111gh1 be somc1h111g 1he~ nu glu t.:nJo~ celcbr.111ng •
Din:0'4' Black ng recd th:11 1h~ ,,ere ve~ mvolvt.'d But. he s11 id. th e~ Jus t fou11d out Frid:i~ :tflcmoon
about lbt aw:ird. so lhC) will be co111ae1111g 1hc111 later III the \\CCk ;md the Colorn do Lollcl') '-''11 1 be punmg
10""'...JC mfo nn:1uon 011 1 about 1he award as well
•
•
•
ln&1ewood City Council
Au1ust 17, 1998
P■ge 17
Council offered lJlcir congm1ula1ions ,
(0 City MaMgcr Sears tlUIJ\kcd Jackie Meadows. Andrea Lcschin ano Co lleen Caudill , He
said tJ1cy have done a fabulous job of keeping Lhc hwnan rcmurccs function going on an in1crim basis .
14 . City A1tomey'1 Report
City Attorney Brotzman did no1 have any mnucrs to bnng bdorc Council .
I 5. Adjourn!!'·
MAYOR BURNS MOVED TO ADJOURN . The rnccung aadjoumed at 8:37 p 111
~drJi.