HomeMy WebLinkAbout1998-11-23 (Special) Meeting Minutes•
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ENGUWOOD CITY COUNCIL
1:NGLEWOOD, ARAPAHOE COUNTY, COLORADO
Nonntber 23, 1998
I. Call lo Onler
The special meeting of the Engle-..ood City Council was called to order by Mayor Bums al 6 :03 p.111.
2. !avocation
The invocadon was given by Council Member Nabholz.
3. Pied&< cl Allqlanc:e
The Plc;dge of Allegi •ncc was led by Mayor Bums .
4. Roll Ca ll
Present:
Absent
A quorum was present.
Council Members Nabhol z. Cl opp. Garrett. Bradshaw. Hnbcnicht.
Waggoner. Bums
None
Also present: City Minager Scars
Ciry Attorney Brotzman
Ciry Clerlt Ellis
5. Public Hearing
Director Simpson. Neighborhood nnd Business Development
Senior Planner S1i11. Neighborhood and Business Dcvelopmenl
Director Gryglcwic-l. Financial ~n ,ccs
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SE..:ONDED, TO OPEN A PUBLIC
Hk:ARING TO GATHER CmZEN INPUT ON THY. CINDERELLA CITY PLANNED UNIT
DEVELOPMENT.
Ayes : Council Mtmbc~ Nabhol7,. Garrett. Bradshaw. fiaDCnicht .
Waggoner. Clap~. Bum s
Na ys: None
The motion carried and the Public Hearing opened .
All witnesses were duly sworn .
Senior Planner Sllll sub mined Proof or Publica1ion of 1hc No1icc of Public Hearing on November 6. l 998
and November 13, 1998 in the Englewood Hern Id . He also s11bmi11cd Cenificarion of Postin g of the
i ropcrty at 70 I Wcsl Hampden Avenue from November 6. 199K to November 23 , 1998 . Mr. SLtt stated
thal y,c arc gathered here 1onigh1 for the much anticipated, and lon g awailcd, Public Hc:1ring on ,._.e
EngleY.ood To\\11 Cente r. This endca\'or s1ancd m.iny . many years a.~o. he saitf . fl was well over four
l:nalcwood Ciry C-ll, Special Session
Nowmbcr 23 , 19911
Page 2
yean; ago when Ibo idi:a al a major .-..1opp,eq1 of Oilldcndla Cj1y began 10 lJlkc shape . The Chy
n,questc4 proposals lot ., .....,...S rodcwlopncl!I, Mlidl if!d, qyer 1hc,m•nc o/ several years, to a
slptilicant amount o/ ..pcialioa wllh lhc tclccted developer, and olher panics. as well as a 1lgnlllcan1
amounl of. public putiapltioa. In ract. he~ tl!en: bu been more public panlcipallon In lhc
nxlevclopmcnt of this silC than was included in lhc original a>nstruclion and dcvclopmcnl or Cinderella
City . There have boa•~ aumber or 1nceliap bcld iu Ille lut year. he recalled. wilh various groups in lhe
City. such as lhe EncJo-ood Do,,111own Dc\-clopment Au1hori:y, lhe Chamber or Commerce, lhe Nonh
Englewood Neighborllood.. other business groups and concerned citizens . There has been a long history or
individual a>nlael aitll IIIClllbcn or 1hc communily who arc inlercSled and concerned aboul lhe qualily
and type of de\~ 4111& -Id OCC\11 on lhis silC. We have liken all lha1 infonna1ion. be said. and
distilled ii inco a Planned Uuit Devclopmcn1 lhal addrcs.<CS all the needs or 1hc communilics, bolh now
and in 1hc lururc . Whal we ba\-c before you 1onigh1. be sured. is lhc DiSlrict Plan and lhc Dc sian
Guidelines for Counc:irs consideration . Mr. Stitt offered an inscnion or some new lant,'l18gc into the
Design SUlndards :ad Guidelines . We 1<1>uld rcc..-.-.d insenion or this language as Anicle 1.6. he
said. at lhc lxsinniug of the design slandards and guidelines docuu en 1. and 1.6 is Ahcmarivc Compliance
Plan. In cases where tbc Dcsign S1andards and Guidelines may 1101 be 11mctical, feasible or may resull in
less 1han appropriae design n:sponsc. the applicant may consider Jn Altcmalive Compliance Plan .
Allemativc Complianoe is a pr0CC$S 1ha1 allows modifications to the Dc:;ign S1andards. 1l1e proposed
plan mUSI equal or c."UXICd the Design S1mtdards intent and goals. The Ahcm.11ivc Compliance Plan shall
be mif:"'Cd by no less Iha.II r-o City selected architects. or design prore,sionals. to provide a
recommendation to the Plan Administrnlor. After passing oul copies oi the document , Mr. Stit: suggested
lhal Ibis 1a..,. .. be iaKr1Cd because ii provides additional flC>ibili1y . We 1hink lhal we have covered
most of the design aspects. be said. both ,n the inlcnt statcn:cnt and in t11c goals as well as lhc indi\,jduaJ
rcquiranenu lhal are m forth in lhc document. Bul, because we don ·1 know whal the fulurc may hold in
tcnns of design 3Dd po1CllliaJ :t:dcvelopmcnl on this si1e. e, 11 ancr this development is completed, we •
think it is practical to have that type ofpro\is1on in the Cc he s.1id In fact, this was taken from wh.11
we cumnUy have in ccr Landscaping Ordin :mcc. llc said. so :. is consislcnt with the method we arc using
to administer regulations wit.tun the Cily of Englewood and ii provides 1101 only lhe City, bm also
de\'elopers and future d.."'VClopers. some ncxibility to come up wilh a more creative design scheme rha1 still
mcclS 1hc inlcnl aD1I gmi5 ol lhc PUD Design S1andords and Guidelines. bu1 may nol hove been foreseen
based 011 lhe desip s&DClanls 111 frolll or iou . He suggcs,cd 1h01 I his be incorporaled as i1cm 1.6 in 1hc
Design Guidelines 311d Stumrds,
Mayor Bums asked -.-.b1 is meant by 1he s1:ucm en1 .. ,he proposed pl :t n musl equal or exceed the Design
Standards intent and. !)Dills.-Mr. S1111 rcspoudcd 1h,11 \\CUld be lh c s1a1c mcn1 s 1ha1 arc in front of that
docwnei1t lhat liSI whal we arc trying to accomplish \\i lh the Design Standards . Thc1c may be some
design tha1 a tenaat • • ckvdopc:r may come forward wi1h that docsn 't fil neatly into 1hc standards we
f1a ,_,,: proposed. in wtudi ca~ the City would c.,11 in 1no architcc1s or design professionals to review what
the 1cn.1n1 or dcvdoper 1' proposing. rcg.1rding its compliance witll the imcnt and goals of 1hc Design
Guidelines and SL1.nd:uds. h may not be f:u1hful 111 tcnns oflhe leltcr of the la w, but ce rt a inl y in tcnn s of
the spint of the lav.. ll woo.Id be consis1c111.
Council Member Haoc:mcht s;ud 1ha1 one of1he !lungs 1hat concern s her 1s that tlus a!l ows for clllngcs
wi1hou1 going 10 Council It 1s sort of like giving blanket approval for so mething . One of the lhings that
has always con cerned iher. as a ci1i 1.cn . she smd . :tnd also as a Council Member. is wlicnc\'cr you have a
1r.ajor development CIC' major PD , or PUD, \\hen lhmg.s get cluingcd . it reels like a bait and switch was
pulled on 11.c conu:m,.:auy . She said she really reels \'Cl) uncomfonablc with lhi s language, unless there
would be some son ol cavc:11. m here 1ha1 ii would h,1\c 10 go through the Council. She s.1id she docs not
know if ii should go~ the Pl :111ning and Zoning Commi ss ion and C~uncil, but al least i1 should go
10 U1c Council. •
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Englewood Clly Council. Spccinl Session
November 2J I 99R
Page J
Council Member Bradww said she ag,=. COW>Cil Member Nabbolz aid * .,...S IOO. Mayor Bums
said ii ls dlsconccrllng bcea""' you jUSI don '1 know 1!ow muci1 Ille dcsip cu Iqua to clwla• unde, lhi,
proposal . He said he undcrs1ands his point, bul design Slalldalds-vc,y,-, .......-10 1h11 Council ,
and we have really held light 10 the Otings we want in this dcve~. We clooa't _,. it to stan to dip
away er 10 bo M inccllljvc for a developer to focus on this addilioaal provisiaa lllliaking Ibey could ,•·,n
to chan&c, Obviously you could have a design standanl change 11111 would be 1iO)' sanall. be said, and he
did not think Council would want lo be rcvicwi1111 minlllia that n::iiiy should DCI n,qum Council micw.
He said he is concerned, loo, that Council should have some kind of say-so if thae is going to be any
significant design standard changes .
Mr. Still said it v.,u; their intention that this ~'O · I;/ not be used very oftco aad ...,, ill c:xtrcmc
circu111S1an-.:s. Timl is \';hy the wording is stat · ,.:, that ii has 10 be equal ta or....,. tllaa what the
De.sign Standards and Guidelines lhemsclvcs wuuld produce if they were applied ID a parucular parcel or
building . Mr. Still allowed that this is SDmcwhat subjective, bul design tends tollC -11at subjective
ru1yway . II was an attempt on our pall, be said, lo plO\•idc some flexibility ill tll<...._,1 lhat would
no~ and could nol, rcsull in a major runcndmenl. If somebody aicgcslCd lhat tbiis provisioa would change
the uses or Uic traffic flow on the site, this is only for lhc design guidelines Lbcmsolvcs. so it is jUS1 lhc
requirements in lhc book that you have in front of you. he said . I appreciate JOUI' CDOCCl1L he said. and it
is ccna111ly not our i111cnt to lei •.he level of the design standard drop below -.-tw. ibe ordinance pro\'idcs
for . In facl. this was an attempt to allow for a higher S1andard 10 ' achiC\'Cd m cases ""ncrc some unique
circwnstnncc presented i:sclf 1hat the regulations did not appropriau:I ) forcscc.
Mayor Bl,mS said if it is not going to be usc,1 that oncn. ii seems 10 him lhal ll would be appropriate for
Council 10 review it If it is a major item and it is IY..'l used very often. why D0l b.wc Couocil rc\'icw ii?
You could slill h.1vc your :uchilccts and design prof~1onals look al it. but just make a ra:ommcndatioo to
Council.
Ci1y Allomcy Bro11 .. man said if thnt is 1rue. and you wan1 it 10 co11,c 10 Counal. ~ jusa simply don ·1 need
to adopt tlml provision. Council Member Bradshaw said bcclUsc ii will. as it is. :Mr. Brotzman ag,ec<i.
Council Member Garrell asked if someone hnd to do a change , and wanlcd to co~ to Council. can we do
it by resolution, or do we have to do it with two ordinances and a Public Hc=anag.. He said he is worried
about the time frame . City Allomcy Brotznmn explained that is 1<Jty we ha,-c this FC'IIJ05al, because you
would otherwise h,1,•e to go through all th,1 1. Mr. Garren said he understands Couax:il's concerns, but if
somc01ing is going pre11y quickly, ai :d ii takes us a month 10 go through the proa::5IL Council Member
Bradshaw said it ,~J:es si:\:I} days . Ccuncil Member Habcnichl said we can do ~ quickly. tllough .
City Attorney Brot zman s.1id you would acmally be going through the Planning .lad 1.oo.ing Commission
and Council process. which is pretty lcn 1:;1hy . The qucsiion is the balancmg of thie llength aul lJlc pnx:css
versus Council's concerns over the desigr, guidelines . This is one option 111 :i.il0v.1 you to do lJmt faster , he
said .
Co11111.1I Member Bradshaw asked ifwe c.1 11 .tdd langua ge 10 1l11s 10 ac hieve \\b.,t ',11/C want. whi ch is
Council review .
Mayor Bums asked if any Council review has 10 go through Plannrng and Zorang.. JLnd Counci l. and
ordin.1nce. firs! and second rending . C11y Allorncy Brol zman s.ud )C.S. 1bc wa~ It 1:5, curmu.ly wntten .
because nonnally you want 1hc rccommcnda11on from Planning and Zoning bc:forc·: ou make
modifications to a plan .
Council Member Garrell asked what is the language used fron 01hcr lcxt in consm'i:tation "'~th . Wh.11 docs
!hat do? Mr. Bro11Jnan s.1id one of the things he c.111 1cll 1hcm , that he docs nae: liunk staff is going to
~..S Chy Council, SpeclAI Session
Navcmbcr 13 . 1998 ..... Iii ) ,u
.all Ill I vacuum . trr,u tell diem. 1;JSh tffls Is nice and we ore going 10 lmert this. I think if there are
.,in, ID be 111)' son o( major lbign uidellnes. your City Manager is certainly going 10 recommend that
._ c:ame to Council and you will get it through that process .
CounQJ Mentb.,r Haben icht r.ald if this llnle pan1graph c.an circumvent the PIJD process for some ,on of
• ameadment that "oold have to go through Planning nnd Zoning and then through Council and talre
sixty cb)'<. I do11't sce why we can't have a little pan1graph tho\ also has In there •,_.th the approval or
Councit.·
Council Member Bradshaw said that is why she wns looking for some words to add to lhis, to pro\'tdc a
fflCOIIIIDOD<latlon to the Plan Adminlstr11tor. Council Member Habenicht said that would not take the sixty
days, it just has Cour.cil also included In this.
Mayor Burns asl.ed how m.111)' days it would io.~e to go throogh both Plnnning and Zoning and Council.
Mr. ll<nttman said )OO are probably biking abcut two months . He added that we are not circumventi ng,
ad w....t ylu have to understand is that the a ·,rrcnl PUD ordinnnce provides for ndminiscrativc revfow.
11lat recommcndalion is Council•s to allow c; not. he said. and whal staff is saying is plcnse give us
atminislral!vc n:vic:w over the design guidelines. They arc asking you for pcnnission to do lltat he
cxplaital. and you can ccnaioly say no if you u,iuld like .
Council Member Bradshaw said she likes the wny this is worded where it ~,ys the proposed plan must
equal or cxcocd design !tlandards. 111.11 docs not sound like ii would be someth ing less than. she said. but
B wuald just like (0 sec !flmc wording added to the end le, provide a recommendation to the Plan
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Administrator and lnform Council. c. something like that . Ms. Habenicht ~,id and come to tlte City •
Coancil for approval .
Mayor Burns said there is a difference hclw::cn infonning Coun cil and asking for appro\-'aJ .
City Anomc-y Brotzm.1n soid he feels they would be bctterofTll'ith the approval of \he owner of the
propert). in this p:.an icu lar case . Council Member Garren said 1ha1 is nol us .
Mayor Bums asked if 1ha1 process would be quicker. since you wouldn ·1 need Plnnning and Zoning. Mr.
Brownan said EEF would be by far faster. and remember. lhe owner will alwa~,s be EEF in this pnxcss .
Cou.10I Member Garrett .iskcd about 1he Wal-Man propcny . Mr . Brotz111an n:spond':d 1h31 we would
probobly be holding that until the design is finished .
Director Simpson apologized for introducing lhis particular amendment at ruch I late hour. fa'Cn though
'WC appear to be mO\ing grindingly slow with this projec1. he s.1id. ii has actually been moving al \·cry
hghtnm~ speed . Design is such an impo11an1 feature for lhe City of Englewood . and fo r all of you. that
we ,.v ~o make sure Iha! 1hi11gs are done abr.olu 'cly correctly as best .::.s we know how , he said . What we
ha"'C" t,c. ., finding is lhnt the design standards have been evolving. ;is has the design . to some extent . We
arc: re, ') \'Cry close . but there have been im,tanccs where there ha\'e been some minut e changes here and
Lherc Vh:ll we arc trying 10 be acutely aware of is the abilily 10 co me back and 10 provide al1emall\'CS. he
c.xpbintd Wh.11 we :ire trying to do is lake 1hc language thnl already cxi51s within lhc landscape
ordma r :-:-::, and inscn ii in htrc to provide us an oppor1111111y lo co me b.1 ck and look al thin gs\\ hen II
mak b ..:nsc . We arc 111:U.1ng rurc th:111he i111en1 and the sta ndard s were 5lrong, that lhcy were equal 10 or
:x~ what we proposed . bur th:11 we ha\'C the abilily 10 provide so me modifi cation when II makes
sense TI1a1 1s where we were hc.1 dcd. he s.1id. and again offered his full apologies •
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EnglC\\ood Chy Council , Spcc:lol Scislon
Novcmbc:r 2~. 1998
Pago~
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Council Member Hobc:nlchl agreed lha1 ii Mikes llCIIIC III be ale 111 ~ chlnps and 10 ....., 1 review,
bul IISS<rtNI lhal she would llill llkc 10 Ill\': lhc app,IMI '-lilc Ccancil, She aid she still docs IIOl see
why lh>i can not be done since It is • pol1 o{ this PUD --l1lis is a p,_ 11111 proto;U ...,
co111111W1ily in 1enns o/ whit hipp,;M in .iu, ~ c-.il -CYCI}' two -i... we Ulllally.,.
hen: C\'Cry -k. she lllid, and CIJl plan III extra .-ing. We -cmc for spociaJ ~ bclon: if
somelhing r-'5 lo be done quickly, she continued. 1111d -dial* doesn't sec why it is a big deal llOl
10 hove it come 10 Council .
Din:ctor Simpson said he c,n ofTer a couple of cornlllCIIIS in ~to that. and posail>ly C\'Cll suggest an
al 1cma1h,c 10 some or the Mrding. He said he•~ tkillloco/uying to protec1. The wuc or
coming to Council for a design approval io frightening to dndapon. and I 1m laying it on the line. he
said, lhBt is when: it's at. lbis Is because they don't lsa\'Ctblolovdo/aaurucc thal they c:angd lhrough
in a timc'v manner. From 1l,cir standpoin~ it could be• fairly ""9bY delay, wbicb resulta io some real
00515 10 them . Tital Is the argument. It may be 1wo weeks. but tlle reality is it usually is a IOI harder 10 gel
on lhc agenda . The allcmalive here. he said, is 1hal I ha\,: ablal,ody oo problem notifying you of
decisions or even stn:ngthening I his 10 say thal you &bould -• -,ority -al o{ the dcsip. so Iha!
twooul of throe . or even making ii ,hroc. design p~tDpro,idcsomcofthal st=tgth. Where
we were headed wilh lhc design professionals is so lbal it --lomt<d at in an arbilnuy manner, but
rather that Cily selected design professionals 10wld pnmdo_,_ p>d sirong guidance 10 make a quick
decision. so Uull could be drawn logethcr quicl<ly and ...,.... .... -.
Ca:.1ncil Member Habenicht said . rcg.1rding this allC111311'-C ttm n fnglacning to the dc--eloper. Lbc other
:;idc is frightening 10 me . as R citizen 11nd as a Council Manbtr Come 10 the City Council for approval, I
could suppon 1hn1. she said .
Mayor Bums commented 1h.1t Senior Planner Still said 11 •wJd noc be used very cfien, it sounded like on
major ilcms. and I lhooghl yoo said ii might be: used on small<rtlungs. He asked if ~,cy could use the
words major modirlcalions. or anything like 1ha1 . 10 II} 10 tcplDIC smaller from larger. He opined lhal
Cooneil really does not want 10 be invol,'Cd in minulia bcauoe ""cuald really bog down thi! project
doing lhal he said. and wo do have lhc light rail on lime »cl 011 budg,cL and""' have 10 be very aware of
1ha1. Ho asked if 1herc is any way lhal Mr. S11npson could quaaify the l}lJC of modification "itl1ou1
having 10 get 100 defini1ional about the whole 1lung
Director Simpson snid. if Council would like lo go on ",th the pre$Cl1UIJOR. he would step a"ay, and thi s
is impon:int enough 1ha1 he does not wanl to make a rash deo.sann He asked that 1hcy let him take a look
at the words and sec if he can come up with a couple of alU..'TT1.11J'\'CS for Council tu co nsider . Council
agreed .
Mr. Still continued with his presentation . He repcmed 1hat wh.11 is bcfo~ Cou ncil 1oni ght is a Planned
Unit Dc\'clopment for !he Englewood Town Ccnrer . the O1stna: Plan.. "-ttich is the SCI of rcguJaL.ions lhat
go~'ems th e uses upon lhc sile, aud Ille Design Guidciines. the~' tbosc uses will look upon
implemcnt:u ion . The way the PUD is laid out . he s:aid. it CSlabbdw:s mocs on the site. which will be
explained in more dc1 ail by Suzcllc.. Emerson . from David O.a T~ba Archilccts. Within each of the
1.oncs :trc dC\·elopment parce ls th:tt ha, c specific requirements m terms of uses and in 1enns of the design
guidelines them scl ,·es, lie e:<plnincd This process 1s \Cf) str.uglltfo,...-ard and present s ;1 \'Cry cohes ive
and cohercnl plan for the dcvelop 111cnt of 1hc propcn y. "'1th a t1icmc of .a uaru.i t oriented dcvclop1ncnt , :-
mixed u~ dcvel opmenr. It is b.1scd on 1he input 1ha1 ,u: rccc1vod throughout the miew process by
citi1.ens. businesses in the community. olhcr governnv.rual J E".:D.:JCS. RTD . DRCOG , a nd a variety 01
people who ha\'e commented on this and provided \aluablc insz~L Mr Stilt then turned the presentation
over to Ms . Emerso n, who made !he prcscn1a1ion on lhc ac::tu D.istn.=t Plan and Design Guidelines .
En1tewood City Council . Sroclnl Smlon
No\'Cmbcr 23. 1991
Pnge6
S.-1t Emcnon. with David Tl)i>a Archl1cc1J, apologir.cd 1h11 Mr. Tr,,bl could no1 be prcsca~ thi,
evcnln1. She aid be is on a well deserved v10,11ion with his family . Sbc said ahc would j~ lib ID I"
over the 1110 pita, ""'°gnizin1 that Council had seen ii many times. M ,.,. all know, it i1 Hampden 10 lhc
IOUlh, Santa Fe ID the -· and Braadway 10 lho cut. One of Ille real imponan1 fact on wilh Ibo lilC and
I.he urban dmip 1'lS lo brin1 lhc pid lhrou&h lhe project a, Iha( ii n:lalCI lo lhc c:ily around ii. Wo
besically have lluec zones. she advillOd, the civic zone, which allaebcs IO lhc all impo,14111 RTD aatioo for
I.he transit oricnlcd design, the center zone is the rcsidcntiaJ zone, and 1hc cast zooc is lhc retail ronc: wilb
the Wal-Man. One lhing lhal has been importllnl 10 us and lha1 we have learned 1hroughou1 lhc design of
lhc project is lhc cxmmcly importam connection 10 Broadway. Not only is ii importanl ID c:ou, ... "ci Ille
busincsacs of Broadway, Ir•' '' •s imponan1 lo us 10 have this vilill slraighl through 10 1hc enlrnncc ,,c lhc
City Hall . At one lime. y.. !mow llia1 lhis green space was gone, Ms. Emerson n:miadcd Counc,I, bul
this has con,c bad: becaUIC C\'Cryone cherished this space. so the 111=11way Is very important II i, sixiy
fcct wide, by over JOO fcct long. she advised. We also have the RTD 1rnnsi1 atop. for which Ille dcslJn of
the bridge Is going 10 be lhe gateway 10 lhc c:ommunily . We arc looking al lhis as a really gn:al
opportunity to aa:cn1ua1e the trnn•il oriented design wilh lhis ga1cway bridge i1110 the grand plazu. The
overall trizc al lhis piazza encompasses a foolball field. and then: is a gta1t founlain in Ille ccmer. Ms .
Emerson said they sec ii u a place where parades can end and for c:onccrlS in 1hc summer. Aoolhcr Liang
thal we"""" done. she said. 10 make sun: 1ba1 we miligale 1he noise from 1raffic and lhe lighl< from lrnffic
to 1hc nclgllborhood 10 lhc north of Floyd is 10 do the divided roadway, when: we have a barrier along
Floyd. so that lhe bus lraffic and lhe lighi. from Ilic vchid : "ln'I be as bothmome 101he neighborhoods
to the north . We have also barricrcd off these inlcrscctiom, h the p.1rking from the facilities within ~he
Englewood T0\\11 Ccn1er \\On •1 r.,itigale up into lhe neighborhood. There will be knock down bnmc•s. ,o
that if theri is a lire si1uation . the fire trucks can hR\'C immcdia1c IICCC5S. But just day to day traffic won't
be able 10 go from Floyd to the neighborhood. she said . We arc doing the same t1,ing along the •
connection of Inca to Dartmouth , so Ihm 1raffic won't affect the houses as much .
Council Member Habcr.ichl asked if Ille temporary sln:ct is going 10 be a pcnnnncnl liln:cl. Ms. Emerson
responded aftirmalivdy. She said ii is being buill now. and ii will become pcnnancnt They arc building
it now. she advited. so that they can use it for construction. but ii will be a new road that connecu up to
Dartmouth. and Inca will cxlend all 1hc way tl1rough . ,, hich will help with the sile lrnllic . Thi, way,
C\·crylhing doesn't have 10 oomc back down soolh. bul can go up north .
Council Member Habenicht asked if there was any mi1ig.111on for the propcny O\mcrs on Huron . M.s.
Emerson said yes. this will actually ha\'C a wall. aJso . We arc doing a similar treatment as we arc doing
here. she saxl in th.it we wiJJ ha\'C a wall and a bike path. ,~hi ch is ten feel wide. Then we w1U ha\'c six
feel of green space. \\'1th trees. and then we will :1.wc 1hc ro.id . So it will be a real nice bike path .. ihe
added .
Council Member Nabholz advised 1hm there was 3 neighborhood meeting at BisOOp. She :.Uowcd that it
was vcr)' poorly alfcndcd. opining tltal people arc burned our on mcclings . But this issue was discussc..l.
she said. because I am adarmuu that that neighborhood be pr01cc1cd . We arc breaking in10 a
sulx:ommiltcc 10 work on trJCk traffic and protecting 111.11 neighborhood from sound. dust and that t:"J)C of
thing . She thanked Council Member Habenicht for having an C\'Cr wa1chful eye. because w.: need to
protect those homes .
Ms . Emerson ag."'CCd !Ital it is \'Cl)' imponnnl and said she feel s 1hcy :ire getting a .cally good deal.
because we arc pulling the bike path along there. also. Thal \1 , be fabulous for lhc neighborhood. she
said. bcc:lusc they will be able to come do\\u JUSI n half a block :md Jump on 1111s 1c11 foot wide bike paih.
Wlth !ICCS. and go south or nor 'h 10 conncc1 to lhc rest of1hc path . That is so mctlung else I would like 10
touch on , she said. The bike p;.i!h comes down Inca . and ~ill t-c p.1n of I his road that is kind of like an •
al"-"Y connecting the residences so 1hcy arrn 't dc.1d ending 111 11 \\JII connec11hrough along here . then
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Englewood Cliy Council. Spt..iAl Scssiol>
November 23, 1998
Page 7
I 1
come down ICXJth on Elali . Ms. Emo,-aod the 11111 thing sJ10 wanted 10 •~lk about is bus lrnffic. The
dlav,un in the guideli-is nol qu11e-. si.aid. ~ local buses will be coming down Floyd
Avenue through the bus boy 1um lll1IOllld ...,.a,c1 lack out Floyd Avenue . Whal we had shown at thol
polnl for the l.'<Jlres5 buses. .... ,aid, -lllal d,cy WCNlld QllllC down WCSI Gil!t,rd . and I hen comina up
Galnp•l!O· They wiU 1<1ually be..,...• Elati aotl over. The 1hlng lhat 11 .. changed most from 1ha1 is
1he exp"'51 buKs. Some poaplc • _,.. _, wwld like io occ bllSCS through U,c lum around. and mos1
people fcol ii would~ n:al well iD tbc ... olJ situation in the early morning, bccau,c the thcster is no1
open, Civic Center really "°" '1 111\-e _. alfic II thal point ye~ we arc lalking 6:00 10 7 .JO o. m. or
3:00 a.m. for drop off'thcrc is no wait. and thC) arc nol wailing ror patrons 10 gel in !in. and gL't 011 ;iic
bus . One option is to do 1h11. but whal _...,. seems 10 like best is to also bring the c.,prcss buses up
Elnli. down Galapago and throogh the llllD _, We arc trying 10 reserve Englewood Parkway
through. inlo the Center. for !he sl1111Ue.....,. to Lite Broadway diWiCI and 10 the hospital mu. Since
everyone kn~"" U1e plan, lbc ,aid. tlais is pnjbably quite rcdundao~ bul Ms. Emen10n said she wanted IO
just spcaJc through ii one rmre lime.
Council Member Habeoichl askod if tbc -=a. dial looks son of li~c a s1rcc1 Iha! goes from lhe Parkway, is
a street. Ms. Emerson said it is ddlnilely a--=a. ud we can l.a\'C shuttle buses through here . We do not
wanl 10 tncouragc having the large city op111::si or liDcal buses coming t.brough here, we want 10 keep those
oul and around. she said . Ms. Habcnichl c,q,,aad conocm 1ha1 Ms. Emerson had s.iid lhcy were 001
going to have buses come that way. bc:c:azsit: iwc ~ trying to focus on the pcdc$lri:m oriental.ion of that
whole area . Ms . Emerson said we dcfi.nitdJ, •-ant IO focus on the pedestrian. so we arc looking at u,c
shu1Ue buses coming through. nol U,c b,z,rc:xpr<SKS or locals. which can stop near here but can not come
dircclly through .
• Mayor Bum s asked if they arc not planningdrop-otrs in lhc piau ... 1 ror the big buses . Ms . Emerson sa id .
as this point we arc not planning drop-of& IIJ the piazza , what "c ha\.c is the e ig ht-bay bus depot and tJ1at
is whar we wnnt to encourage people to IIK..
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Counci l Member Habenicht aslted if the poc,.ie who I vc i11 lhc housing arc not going 10 be ab le 10 catch
the expressway buses in a convenient..,--Ms. Emcra,n ;.aid they can catch them in the tcnninal or they
can catch them along Floyd. Council Mcm6c.· Bradshaw said 11,11 is nol bad because peop le will walk
four 10 six blocks Ms. Emerson said t.bis isoaly a couple of blocks .
Council Member Habenicht said she is DJOl'e ,amc:crned about losing lhat strcctway . That is pan of my
concern. she said. about the PUD. 3boul I.lie .sip changes. and all thal. is to ha\'ing thal really be a street.
Every lime we take a:wy from ;15 use as a succt. it womcs me a lilllc bit she said . Ms . Emerson said we
definitely want u to be a SlftCt. too. DOl oat, from lhc concerns we have heard rrom the neighborhood
district or the Bro.1dwny district retail . bat. as you kno\\. and we have probab ly 10l d yo u many, man y
limes , that we fed it 1s c.,trcmcly imponans ilO ha"\C that access . ;o be able to drive th roug h and sec the
C1\ic Ccn1cr. sec City Hall . "i th the fountaal in fro m of ii, so we feel ll 1s \'Cl)' imponant and they \\OUld
have lo try real hard to gd us 10 lake lhal ~ OUL she osscrtcd .
Counci l Member Habenicht asked ho" m::&a!!-' la..rx:s Lhe st reet would hav,;. Ms. Emerson replied :hat, right
now . we have three lanes pretty much C\-cr,,~ilCtt We nre widcrung the lhroats. actually. at :ach of these
in1erscctions . 10 accommoda1c the 1raffic. ~ ach'l.scd So me of these s:;trt at fiyc and mitiga te down to
three. she s.1 id. so that "e arc not b.1ck lllg -;t t.rnffic on Hampden Talking wilh Amie Ullcvi g, of
Fclsburg. Holt and UIIC\1 g. he S.1)5 1:1~ uaffit coun1s 11110 lhc si1c arc about the same as 1hcy were when
Cinderella City wa.'-rhnving. It is h.1rd to,~) balance II . because traffic on Hompdcn is much higher,
she allowed. but th e lraffiCJUSI ir.10 1hc sii..:u \'Cf) smular 10 whal ii \\.1 S when Cinderella City was in ils
h.iy day .
Enalewood City Council, Special Session
November 21, 1998
l'ngc 8
Council Member Habcnlch1 nskcd 1r lhe pla,.n, wi1h lhc nice oncdi•n 1n:,cnway. lixty fool. 'lu -i..
on each side. Ms . Emerson responded affiml81ivcly, explaining lhAI lhat 11 is a o•"'"J' ,;-.., ........
here . Ms. Habenicht RSkcd itil has parking as well . Ms Emer1011 said ya. ii docs . Ms. Habenldll _.
parldng plus iwo Jones . Ms . Emerton said 11 has one-way lrmllc In each dilfflion. ., u yo,, came IO lliill
stop, and you c,oa Golapago , you go a,ound, and it is a one-way 1l1uation. You hive Ille option ol
pullihg In diagonally 1oyour right and parting right In front of the retail or home office. wbic:b is
extremely lmponant for lhc villlily of lhosc shops, but no1 parting along side the gn:enway. At one,tiac
we showed parting along side lhc gn:,cnway nlso. bul thal was vt1ocd, she recalled.
Ms . Habenicht said. so it is one lane to drive nnd one lane lo parlt . and that's ii. Ms. Emc:noa said ripor.
and lhc parking Is diagonal, s., irl am driving down the stn:,ct , I could pull in diagonally bore . bado: OIi.
and continue forw.ird . And bcfon: lhat you have three lanes o,fl lhcn: or two lanes. Ms . llabc:aidlt lllal.
Ms . Emerson said right here we are sh.lwlng lhn:,c. Ms. Habenicht l!J<ed iflh<y a.re all 1ralf"ac laaa. Ml.
Eincrsou responded 1ha1 , ncrunlly. one.: :s a tum lane . Whcnc\'cr there are tbn:c lanes. lhc ccatcr lallc ,s
considered a tum lane . Ms . Habcn 1L:1• said it is not clear on the drawing . Ms . Emerson said they are m
showing the traffic ltmagc . This is d, · ki~:~.n plan. and civil cnginccrins is starting to work on the
layouts. and the cxn cl dimensions (,f · •·.: streets . Mayor r ,1ms said he had the same question. wtw is die
lhlrd lane . Ms . Emerson said. ,vh · . •11ird lane is rcquircd by Mr. Ullcvig and bis lr.llfic IDWIU. it is
because of turning . You wa,1 :o be ,1,1c lo gel out of the way so 1ha1 you arc not baclcing up Lnflic
coming or going in the oppositt dircc !ion .
Ms . Emerson stated 1ha1 we have Paul Krieger with their office, who has been the design guideline mad
twncho, so he is just going to talk brieny on th : organii.ation of it antl bling you up to dale on whal we
have happening .
Paul Krie~er. with David Tryba Archilccts. said he would like 10 give a very brief synopsis or the
guidelines . It really boils down to th:11 there arc two major purposes lo the guidelines. 1bc fi.nl purpmic is
to basically explain the im cntion s of lhc plan to both the Ci1y and 10 ou tsiders. he said. Thal is bac:kal llf
by cxploining also the q1c1li1ics 1h01 arc required of buildings 1ha1 arc design,. within the Di1tritt 1'1111
and the Master Plan . TI,e second p.1n of the Guidelines is basically to cxp'am the intcr-rc1a&.ioasbipl fll
all the individual parcels Iha! we have detailed out here. lo give l11cm some son of character. Explain,_,..
pcdeslrians and cars work arm•ud th em. whal the inlention of ii is. what their potential fi.lhlre 11.. aad 11D
basically ex-plain each one ol 1::,., !)<1rccls as if it was a neighbor 10 the 01her p.1rccl . he s.,id. So. ii~·
boils down to two basic intentions fl ,r lhc Guidelines as a whole , he explained.. One is to explain the
intention of lhe Masccr Plan a~ wdl as project give guidance to the developers on what the iaknliom ill"C..
how they relate tn building in the Plan . whal 1he imponant p.1n s arc, nnd then it basicall) goes ink> the
detail of the inter-relationships of the parcels and the guidelines. Basically . just going to the &abkoi.
contents ,·cry quickly . he explained , section one :rnd lhrcc. bas ictll y go abo ut 1hc intentions. as wdJ a die
requirements of the Guidelines. nnd the sections lwo and four go inlo the inter-relationships oftbe pacds.
and Uy to give ,, lilllc bit more detail 111c i:ppcndix or the Guidelines lry 10 p1ovidc SL1m ~ visual grapti.:s
and some more 4elail to basicall t su;>plcmc nl lhc verbal tex• the nnrr.111ve of the fronl p;1n (.;(the
Guidelines . So the whole p.1ck agc is ;upposcd to work for 1hr C11y Co unci l. for he City of Englcwoo<1 ... as
well as be able 10 be given to orn sidc dc\'tlopcrs. outside dc..c:ii;ners. so that they k.now what lhc COMt.a5i;;15
of lhe 1:nglcwood Town Cen1c1 \\il!lts to be . as well as the Lluidclincs that go with lhat. what the
res trictions nre . and whnt the: dcs1~11 porcntinls nrc , and thcr. 1inally 11 goes into dc1ail and tells what~
one of the :,.1rccls wants lo be and how it relates lo it s neighbors
Di rector Simpson rctumcd. and Slated lhat he lmd an opponunit y for a liulc b11 more though I in the
hall way with City Attorney Brotzman and Mnrilee Viler . We came up with a couple of changes 10
propose to Council . he s.1id . Und er the Altcnmtivc Compliance Plan . f,flh line down. we would propa:s;:
to slrike the Al1crna1ivc Co 1npliancc Plan :i nd insert minor 111od1fic.11ions . So ii would re.id ... minor
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lln&IC\10.'l,j Cil) c-il tlpccial Scision
November ll. I ffl
Page 9
I 1U ) •II
modiflcMlol,s _.,. ie.icwod by no las 1ha1 two City sclccled orchilcc15 or dcsian professionals 10
provldl. ,xc f;ims •o tho Plu AdminillrllOr." We would in5CII languase that says ·•••
changes ohall --,ly w,111 1bc Pl!D OiJlricl Plan ."
Mayor Bums....,. if dull ,_ tbal ii comes bad< 10 Planning and Zoning and Cow1cil . Ma . Silllj)SOO
said ir ii was a .-;,,r change II """1d have lo .
Council Me_, Jle:niclll aJd that is a lllllc belier. She said she is ,till a little concerned aboul wha1
Lhc ddiniliou....,... be o( mino . and major. She soid 1he would 1cll them where her thinking i, coming
from . Quile oA'• J!CIU will find Iha~ wh.tl you get "ilh Council is a prnclicol approach. quile often when
you have Lhc dedpl:n aaJ lhc an:loilCCU and SIAITand lhc developers, all saying 1hi, is belier. and 1his is
belier, ud thif. ~-. and this isn't major, and then all or• sudden ii haPf,Cns, and lhco all or a sudden
Cowcil ~ .. :-were wc whoo you did this. you put a stairwny lhcre. wh1n "~ know 1h11 ii is the
north wad ~,:-ti we U'C lived here for years nnd we know lhnl 1his is going 10 hRppcn. or 1h.11 th.iii is going
10 bapp,n. Tlus isllhc kind or lhing I keep running i1110. As a member of Council for 1he las1 cigh1. nine.
clC\'CII ycan. she said. lhes< ore the kinds of things tb.11 we regret nol havmJ had con1rol o,~r. and I'm
still having~ wilh ii for Uia1 reason . Not 10 be knil picking. nol 10 be micro-managing. bul
sometimes thm:: .-: things 1ha1 the wisdom or the populace is vi1nl. She said she docs no( lhink it would
be \.:me consumiag.and she worries 1bout it.
Mr. Simpsoa sail lie apprecialcs cver')1h.ina she is saying here. and is not trying to be argumentative . He
said he is ~;,,, .. _..some undcntanding or where we an: coming from . The only lhing 11,al I keep
coming bade IO. blt'WCI. is the faCI that lltis whole plan has been evolving and cl,anging , and ii has been
as a response ID tk tiae conscrainu: on the project . and ii still is For example , we have noliccd. as we
have gone thlalglllbe discussion of cost. trying 10 bring this project back into budget. One of1hc issues
that we were tal.kimg aboul was the issue of tree grates . We dir1n 't 1hink Lhc Lr~ grates were going 10
make that big of 31cdiff'crcncc because surely we should h.1vc 1rcc gm1cs everywhere. and ii would be great.
The n:ali.y is. it is,a sig,,ilican1 COSI on lhis project. aod yet. as we flip through I his book, one of 1hc lhings
we just notK::cd W.1Hi llw tree grates arc required . We would love to be able to say that that 's a minor
change. he said. Now. when there is a massi\·c facade change that docsn ·1 comply \\ith these standards on
Ille IAaao '"-.• Sony Theater. or any ollhc:sc kind or 1hc.11ers 1hn1 nmy be canting 10 you in 1imc, ii
may be a sinsatiOffl-. anlcss they asc able 10 comply. ii should be coming back 10 CoWJCil. II isan issue
o(practiali~. !it:un -standpoint. 11 is an issue of timing nnd dcoling wilh ii on a day 10 day basis. he
said. allm•1ng tJwa he docs not kl'OW the si1u.11ion as )'OU do.
Mayor Bum, said! !h< is somcwh.11 comloncd by 1his. adding 11ml he really ilucsn'I think !hey wa111 10 gel
involved "-llh n::iilly sffli\11 changes. 1ha, just docsn ·1 make a lot of sense. he smd . If we ha ve no control , or
no definiuonaJ di&rcncc here. then C'\'Crything m lhc world is going 10 come b.1ck to thi s Council. It is
an evolving p:OJC=!! and the~ will be some dcsig11 mochfic.11ions. and we could just dcl.ty this thing
so ml'ilung 1e.m bl1..... he sai d. if we h,1\'C c\'er)1hing in 1he world co mmg b.1ck 10 Counc1l.
Counci l Mernt.-er G am:tt said he actuall . docs 1101 have a concern because he thinks C\'Cl)1hmg will come
ba ck to COUDC11 ill is a qucsrion of the urn ing ii \,ill 1:1k ·!. We ha\'C expressed an interest in kno,\.ing
every dctai] of tbs projea for the last year thal I ha\'C been on Council. I can't imngine even a minor
,tunge. if they lurve to go 10 lhe aspect of going le. find architects . I think we will know about it . he sai d,
Mr. Ga1TC11 !::"··~ !hts concern ·· .. at least for some ch.111gcs. of going throu gh lhe entire PUD proce ss. wluch
wm lake si~t. ~'S. and we have a cornmilment 10 ha ve this thing up and running by July of 2000 . II 1s
not that I don ·r ~u .. c your concerns. he said. bul I Just think slnff knows 1hcy heller kL-c p us mfonncd
Mayor Bums~ if Mr Garren was saying he "as comfonnblc wilh this chmtge Mr . Ga rrett
responded affirmuU.J'\'C~. as did Council Member Brndshnw Mayor Bums said he 1h1nks he I!. 100.
Englewood Cily Connell. Spc-cinl Session
November 23. 1998
Page iO
Mayor Bums asked If there were any Olhcr comRM:nts. Couadl Mmnbcr Hlilenicht noted she b.Ull'I been
comfortable with thi s r~r years . Cooncll Member Nabholz Did she i1 llmcrw.ith it Council Manbcr
Waggoner commen ted that if you read 1.5, it's fairly loose anyway, m ,_ ..._ jul4 a few minor
chnngcs . He said he docs not have a problem with the change. Council Mc:mbcr Clapp ,aid as Ions as the
changes nrc minor. she really docsn 1t'scc 1hn1 we ncal to mic11MJUU11F, .._ is why,. .. hired
profcssiormls .
M1yor Bums said he understands Ms . Habcnicht's conccnu. whicb he sllan:-, and we an, really IIOI
miking light of them at all . Ms. H.,ocnichl said she undCISlands U11L
Mr. Simpson said there arc no further presentations. He said they haw: -.111:d vc,y hanl for the W5I 1lucc
10 four years. He said he is really pleased with this Council and Uu1....-.iy. He sald 1bc Nlf has
done a really tremendous job reaching 001, and we have worud a an...,, group in a 111'11 public
pnrticipation manner. We have elicited a lot or input aro cornmeal a.ad lie thought a lol of that input is
nnnlly reflected in this plan . 11 is not a plan that I think is a hodgcpoclgc. be said. bul it Is a plan that is
special. unique. and re.1lly reflects this community . He said he ii pcnciaa.i) "Cl)' proud o( ii and thinks
ti.it it is a plan thnl Council will be proud or. 100. We simply aced 10 -forwanl 111d implement it,
:ind we nrc urging for your approval 1onigl11. he concluded.
Council Member H11bcnicl11 said she knows there has been mention of a::n:ain possible tenants. but this
PUD docs noc gi\'e approval 10 any tenants . Sbc llskcd if thac ii con-cct. Mr. Silllj150n said this PUD
addresses only lnnd use related issues. The dcvclopr'1Cnl agn,cmcnt will-. ha•• to be signed. he said.
and that add1CSscs a whole series of issues rdaled to scheduling. 1imia1--ting. costing. and who pays
11 ho , Respond ing 10 Council Member Habenicht. Mr. Simpson srated Ulll any names of tcnanl5 thal were
mentioned in testimony . or in anything , arc not rcflccti\'C ofwba1 goes ia-. lhis project aa all. Ms .
Habenicht said she w:m1s 1ha1 clear for the record .
Belly Cosio. 3205 South Huron Stroct. hod signed up to speak. but s~'l&Cd &om the audience lhal her
questions had been answered. She was n01 sworn in .
Susan Altus, Community Development Administmtor for the Rcgion.1J Traasponalion District. said she
supports the transit orien ted :levclopmcnt. She said they all m ISi be aw= of her pcrsmial i.-in
tmnsil oriented development. as well as RID's belicfthnt this ,.;11 be 1hc 6ru showcase in 1hc mclro area.
She repeated that they strongly support this project.
Brua: Geller advised that he lives al J 155 South Elati Sircct . which is across ·he"'""' from Bishop
Elementary School. He said lh.nl the last time he saw the plan . the wall tlY ... n 1dcr on Floyd c.~cndcd
cast to Cherokee . He smd he was just wondering. \\ilh the di\'1ding wall or whatC'\'er it 1s. ending at Elati,
how much traffic will be flowing past the school and his house . acccs.sang lhc property from the north .
The wa ll here ends at Elati. he ·•aid .
Counci l Member Nabholz s.,id th.1 1 is n \'Cl)' good point.
Counci l Member Bradshaw asked ir 1 .c traffic thing th.it is at Elati wdl my in place. She noted she is
just asking n generic 'lUCSlion 10 an)'body .
Mr. Geller r.aid ii jusl seems lhnl , with a 129.000 square foot unknO\vn raailer right there at t!.,: comer,
there will be 11 lot of traffic coming south from Dartmouth. He asked lf • doesn 't seem th.11 way .
Mayo r Bums asked if 1hc wall was designed 10 go lo Cherokee at one p!JUIL Ms. Emerson answered that
they have a lways brou gl,t 1hc wall lo Elati, it h,,s not c.~trndcd over to Ddaware. so we have always •
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Enalcwood Cllr Cour.:11 . SpcclRI Session
November ll, 199K
Page II
,,1111
comidcml thi1 1ho hlah rraffic a,a, We can'I say 1h11 no one will&• up Elati, she ,'1i4, ~
unfortUNMdy since Mr. Ullcvi& 11 nol here, wc CRn'1 ae1 any numbers on lhe counll lhal he has done. She
uid sho knows 1ha1 his semc, rrnm lalkina wilh him , Is 1ha1 Inca is goina 10 be lhe major vehicle road 10
SC' ID Ille .-th, )111'1 because !his ii where mos1 of lhc parkin11 i,.
Council Member Nabholz wd Ibey should still be very aware. and she wanlS tilis 10 be a maucr of record,
also, lhal. iflhls does become a problem for Eloli, or any of lhc strecl.l, like Delaware, lhal wc need 10
immediald)• llnd a solutioo . We already haw a 101 of 1rallic in !hose neighborhoods, and o 101 oflraffic
around Bilbop El.:mcnLII)' School.
Ms. ~ laid Direcror Simpson had just reminded hor Oial she should poinl ou1 Iha!, because of lhe
barrier hen:. !ho lraffic is already mitipled. Ms. Nabholz said 1ha1 accessing from Danmoulh is whal he
was la1k.\ac ...,.,, ii is a drag Slrip lluouah !here.
11,crc was ao one dsc prCKnl 10 ~peak .
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SE~:JNDED, TO CLOSE THE
PUBLIC BEAJUNG.
Ayes: Council Members Nabholz. Gaml~ Bradshaw, Hobenich~
Waggoner, Clapp , Bums
Nays: None
The motioo carried and lhc Public Hearing closed .
6 .
(a) Approval of Ordinances on Firsl Reading
There were no ordinances submiHcd for appro first rc.1ding .
(b) Approval of Ordinances on Second Reading
(i) A bill for an ordinance authorizing the cxcculioo and delivery of Certificates of
Participation in 1he principal amounl of $2 1,530,000 for lhc purpose of funding rcdcvclopmcnl efforts al
lhc former Cinden:lla Ci1y sile was considered .
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 6 (b) (i) -COUNCIL BILL NO. 72 ON SECOND READING.
ORDINANCE NO . Kl. SERI ES OF 1998 (COUNCIL BILL NO . 72. INTRODUCED BY COUNCIL
MEMBER WAGGONER)
AN ORDINANCE OF THE CITY OF ENGLEWOOD. COLORADO, AlllllORIZING AND
APPROVING A LEASE-PURCHASE FINANCING BY THE CITY FOR ll!E PURPOSE OF
DEFRA YING THE COSTS OF CONSTRUCTING, RENOVATING. AND IMPROVING A CIV' '.:
CEl'fITR. ANCILLARY PARKING , AND VARIOUS PUBLIC IMPROVEMENTS WITHIN THE
CINDERELLA CITY REDEVELOPMENT : AUTilORIZING AND APPROVING A LEAS~
PURCHASE AGREEMENT, AN OFFICIAL STATEMENT. AND AGREEMENT TO CONSTRUCT
IMPROVEMEITTS AND TO ACQUIRE AND INSTALL EQUIPMENT, AND NECESSARY ACTTONS
CONCERNING THE EXEClITION AND DELIVERY OF CERTIFICATES OF PARTICIPATION IN A
PRINCIPAL AMOUNT NOTTO EXCEED S22 ,000 ,IXXI : AND PROVIDING OTHER DETAILS AND
EnglO\l,iod Clly Council . Spcclnl Session
November 23. i99K
Puge 12
II
APROVING OTl!ER DOCIJME~ IN CDNNl!CY'ION Wf1ll THE LEASE-PURCHASE
FINANCING .
Financial Services Director Gryglcwicz ...., .. 1,e MJUld like 10 make a few commcni. prior to 1ho
VOie. He said this approves the undcrlyias ......,_. which ,.;11 have a linlc 1iny bil or lwcakins or some
oflhe lanpgc in there. but It"""'' clmlgraii• oltbc sut'tllnce of what Council Is approving 1onigh1.
Tl us Includes Uic lease purchase ag,=me,,1. •11fflaal stalcmcnt. and agreement to construct
improvcmcnls. whJch Council has al,ady m lldaR. He said he just pas!Cd Ol1I the pricing book. whlch
he just rcccil'ed. He apologi7.ed 10 Council .,.. DOI •ing !hose earlier. Mr. Gryglcwicz asloed th::m to
lake a look al tab number 1wo to.,. tbc ccni6oara and the coupon and yield on Uttsc a:rtificalcs ,,,. i:
also what you are apprO\ing 1anight. v .. -111edle rares on the coupe. ,sand lhe 1cnn bolldl down
below . If you so forwar,. you will .,.die-= llld1tsesoflbncls rorthc9ea:nifiancs. hcsaid. The
following page shows the deb! service. lllc -clcl>I ICl'Via: on lheac ccrtiJicalcs. which are subject 10
an nual 11ppropriation. he advised. ~ is :1 ~II box dC1"11 al the bo 1!om which shows the rates on
those ccn1fica1cs. II has the 3\'Cragc r.uc.. wbch LS JUSI under So/. al 4.9549/i and all the w:ay 01 thr.
bouom. where ii S.1)·S ::all in yield. which i.ndntdi?5 all the cost of issuance. is 5.191'1 •. so the entire I.Xl.l . 1
this issue is under 5.2o/ •. which is au c.~ rate. We an: YCry happy whh thal. he added. Mr.
GrygJcw1cz thanked everyone who was invohc:1 ~uh pulling it tugcthcr . because il was 111 issue that was
complicaled ond ii look a 101 or clfon . T-Nn. ..., bond attorney. Vicki Mouox. Bob Simpson , Go,y
Sea" ond Don Brotzman .
Mayor Bums said it seems 10 him that ..: acr.ua\~f put this togdhcr rnthcr quict.ly. once we wined. Mr.
G,y,!IC1>icz said yes. very quidtl y. and C\'Cr}body deserves a lot or crcdil for lhis. Mayo r Bums asked if
lhis ls,s alreidy ba:n marketed . Mr . Gl)p:,aK:Z ""l'Ondcd 1h.11 ii w;;s marketed laSI Wcdncsdly and we
will close on the 291t1 of December.
Council Member G:un:11 asked when "e: cm .t,ta1t prt-p.1ying. Vicki Ma11ox . of George K Baum and
Comp.my. our financial advisor. staled thal ii is t)'J"ctl when you do preliminary official statements that
that is blank. and 1hcn it is filled in at lhc fiaal The call prO\·ision which appears on the debt scl'\•ice
sclicdulc page. ilS December I. 2008 al par nil ,o it is a 1cn year par call . Council Member Bradshaw
asked if after that we can pay them of[ Ms. M.11tQ.'< said 111.11 is correct. You can also restructure this
transaction one lime priorlo thal call dl!r. 10 .r. for cnmplc. you could do an advana:d refun ding if sales
la.~cs came in inuch quicker. and you walll:d 10 ~ that . or much slower. )"OU ha\·c the ability to
restructure once prior to lhat call dale. and ~ou could actually rctirc the boOOS Slar1ing in ten yea.rs .
Mr . Gryglcwi cz :wMscd we would assmac -the ra1cs 1ha1 we have right oow thal "~ are 001 going 10
sec rates go low enough that we would refimd these. they =ire jthl phcnomcn .d 1':IICS.
Ms . Mattox s.,id it was .l wondrrful pra,:a ~ 11 was .1 real pleasure lo "llrk on ii. She said they should
be congrn1ul:11cd If yo u read some of the ~ground matcnal . she s.1i u. JOU got very good 1-alcs. and you
also gol some grc..11 commen ts from the 1'2lllr.g agencies and the insurers who were \'Cr)' fa vo rably
:mprcsscd \\ith you r project . They t:,cia-e-• .rcan~ holds some hope for soinc new bright things for the
City of Englewood . There were some "'Cl'! ma: comments. 1f ~ou have time to go lhrough and look 31
chose, she s.1id .
Council Member Nabholz .ind olhcr rncmbcn of Cou ncil tha nked Mr Gryglcwicz . Ci1y Manage r Sears
commented that Director Gr)·glC'\\'lCZ did ai n::alfy c.11:ccll cn t Job He reall y pulled 1his togc1her in a very
quick period of1imc and did an OU15t311diqjjob
Vole results:
Ayes : COU11t...-tl Members Na bhc l,_ Garrett. Bradshaw. Habenicht.
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Enalcwood Cit)• Council, Special Session
November 2). 1998
Page 13
Wo111oner. Clapp, Bums
Nays : None
n,e molion c:anied.
(ii) The City Cieri< was asked lo read Council Bill No . 75 by title .
ORDINANCE NO . 82, SERIES UF 1998 (COUNCIL BILL NO . 75, INTRODUCED BY COUNCIL
MEMBEN. BRADSHAW)
AN ORDINANCE APPROVING THE PLANNED UNIT DEVELOPMENT DISTRICT PLAN IN
FURTHERANCE OF THE REDEVELOPMENT OF CINDERELLA CITY IN THE AREA BOUNDED
BY WEST HAMPDEN A VENUE (U.S . 285) ON THE SOUTH . SOUTH ELATI STREET ON TilE
EAST. WEST FLOYD A VENUE ON THE NORTH, AND SOUTH SANT A FE DRIVE (U .S. 85) ON
THE WEST, CURRENTLY ZONED B-1. BUSINESS DISTRICT TO A PLANNED UNIT
DEVELOPMENT.
COUNCIL MEMBER BRADSHAW MOVED , AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 6 (b) (ii)-COUNCIL BILL NO. 75, AS MODIFIED, ON SECOND READING.
Mayor Bums stated that the modification is ll1c one Council adopted by consensus in paragraph l .6, added
to the design standards alternative compliance plan \\ith the changes that we made to the original
language. Council Member Nabholz said those cl1:mgcs being minor modifications shall be reviewed by
no less than two City selected architects or design professionals to provide a recommendation to the plan
administrator and major modifications shall comply with the PUD District Plan . She asked iflhat was
correct and several members concurred .
Vote results :
Ayes :
Nays :
The motion carried .
Council M~mbcrs Nabl1olz. Garrett , Bradsl1aw. H.1 ~·~ichL
Waggoner, Clapp. Bums
None
(c) Resolut io ns and Motions
There were no rcsolu1ions or motiClns submilled for approval.
7. Adjournment
MEMBER BRADSHAW MOVED TO ADJOURN . The meeting adjourned at 7:03 p.m.