HomeMy WebLinkAbout1999-01-04 (Regular) Meeting Minutes.NGUWOODCITYCOUNCJL
ENGLIWOOD, AJIAPABOI COUNTY, COWRADO
ReplarSaoioll
J ... uy4,1'99
I. Call lo Order
ThcregularmeetingoftheEnglcwood Cily Council WIS called to order by Mayor Bums at 7:33 p.m.
2. mocalloD
The invocation WIS given by Council Member Nabholz.
1. Pied&< or Allqiuce
The Pledge of Aller,iaoce wu led by Mayor Bums.
Present
Abs<•nt:
Council Mcmbcn Nabbol·, Garreu, Bradshaw, Habenicht, Waggoner,
Bwns
None
A quorum wu presonl.
Mayor Bur.IS said we have a seventh missing as you may all know. Council Mcmbor : a,,rie Clapp bas
been el<".1ed lo the Colondo House ofRepresentati ... and 10 she bas resipod fiom C<,,,,Jcil and we will
be rep:acing ha in January by the Council vote. So we have six mcmbcrs of the Cot· .,·il ,. •. this meeting.
AJ,o present : Cily Manager Sea"
Cily Anorncy Brotzman
Ci1y Clerk Ellis
Assislant Cily Anorncy Reid
Di=tor Eaton, Human Rosourccs
(a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF 1111! REGULAJl r.u:ETING OF DECEMBER 21, 1998.
Motion carried.
Ayes : Council Membcn Nabbolz, Garren, Bradshaw, Habenicht,
Waggoner, Bwns
Nays: None
6. Scbeduled VIJitnn
There were no scbaluled visitors .
7. NOD-tCbeduled V' .. iton
(a) Melissa Magee, Sn6 South Lowell Way, Litllelon, Colorado, Slated she was here tonight
to present to Council a case that's been brought about when she and ha husband recently purchased land
!nslewood C'!y Council
January 4, 1!199
Pactl
in lhc Cily ofEDglewood aod , UI allllOlllictured home on It. EVCl)'lhin&was done properly, ahe
maintained, and Ibey bad lhc pcnnita issued staling it wu a llllllUlllclurc nr modular home aod recently
Ibey received a nolia: SM)'ing lhal Ibey bad to remove the mucwn: because it was an illegal llructure and
ciwified u a mobile homo. Ms. Maacc st.aled Ibey hm: all the copiel of the pcnnitastainc it'umodular
home and pic:twos lhal she wan...S to posent to Council. Ms. Maacc approached the dais and puacd them
around. She said ii WU hooked up to all the ulilitics and that it WU passed by the Cily ofEna)cwood. She
also showed Council a permit for a modular homo from the City of Englewood . She explained that Ibey an:
stating it was a mobile home because it was a HUD built homo and not built to UBC standerds and in 1982
the amendment lo HUD manulacturing housing program c:hangal. She said ahc has seven copies right here
and also another copy of the permit SWing it's a modular home. And there an, more pcnnita , she said, from
the Ciry or;;nglewood where it stales it as• modular manufactured homo rod then papen flom the loan
that they signed lo buy the manufactured home. Ms. Magee said Iha! there was one thing she dld Dot have a
copy of and that was the definition of a manufacturod home. Mayor Bums thanked Ms . Magee and noted
they would pas, lhc information around 10 the Council membeB. Mayor Bums asked iftl1cy were in an
administrative process right now ... lhat they have a pcnnil fora modular home and th e City is ,ayi ng what
yo u built was a mobile home. Ms. Magee said Iha! the Cily said Ibey built a mobile home alter they issued
a pcnnil stating ii was a modular home .
In response lo Council Member Nabholz, Ms. Magee advised Iha! the Ciry is now requesting that it be
moved off the property. Council Member ~fabholz asked when this was done. Ms . Magee produa:d
another document to show the Council .
Council Member Haocnicbt asked '11hal the address was. Ms. Maacc sta...S that ii is 101 West Layton.
Ciry Manager Sears advisul it is not mncd for a mobile home That, u he understands i~ manufactured
homes an, allowed. He asked if Ibey an, going before the Board of Adjustment and Appeals. Ms. Magee
said Ibey have a hearing set for February lotb before the Board of Adjustment and Appeals . Council
Member Bradshaw askcd if tbal is to grant a variance.
Council Member Wagoocr said that was not something wc can act OD tonight anyway. Mayor Bums said
he didn 'I lhinlc that would cvu come to the Cily Council. Cily Attorney Brotzman said no that would be
with the Board. Mayor Bums agrc,d lhal ii would be with the Board and then if there ,.,., an adveBC
dccisioD there it could go lo Dist:ict Court It's not a mancr that would ever come before tl1e Council .
Ma)"' Bums explained 10 Ms. Magee that the legal structure is that if it goes 10 the Board of Adjustment
and if you have an advme decision tbcrc, she would h.tve lo go to court Bu~ we appll>::iate you bringing
this information 10 us, he said .
Council Mc.nbcr Waggoner said that there would be a differcncc between whether she goes lo the Board of
Adjustment and Appeals for a variance if it's within our Code lo build that SIJUcturc at lhal location. He
said it sounds like there s a question on whether it's a modul.ar home or a mobile home . Mayor Bums said
lhaJ ,eemcd 10 be the question. Council Member Waggoner said wc ought to rum ii over 10 our City
Manager and let him take a look into the process.
Council Member Bradshaw asked the City Maru,g,r ifll'; was awan: of thi~ Cily M•nager Seors said he
was aware they were given notice and he knew they were in the proc :ss in term!\ of going through an
appeal process.
Council Member Gam-u said if ii= a modular home she wouldn't n:ed a variance . Mayor Burns said if
it was a true modular home you wouldn't necu: a variance.
Ciry Auomcy Brotzman added there arc two processes lo the Board of AdjUS'me , .nd Appcrus, one i, a
variance, the other ; . .., is ool a variance, it 's ao appcal of the building code adminiSlraloB decision . That 's
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J:apwaod Cl1y C-0
Juuary 4, 19"
PaceJ
lhc appeal pol1ion of the Boon! oi Adjv-and .\ppoals. so 1h11 would bQ proper lbr that n..nt IO look
at.
Council Member Nabholz asked ii' we, as a City, iauod permits faf Ille lllnlCIUR: lo be put din and then
now we bavc said that is not aDO!ffil. Mayor Borns said 11-e i5SIIOI! a pennil .'« • -iu!ar SlnlCIIIIIO and the
question ia wbal WIS built Ms, Nabholz said okay ,
City Manager Scan said L.,.n: is a di!Tereucc between what a mooilc home is and what a modular home is
and he thought that the Building Ocpanmenl may have, per"""9 In ,nor, pven the permit lhlnldng ii..,,. a
modular home, when in fact when ii was built by tlwi ,peciflcations ii c:nclod up lo be a mobile home. He
opined then: is a fine dlslioction between thole two . But, he ,o:d, once that was issued. 111d ...., though
that was an error because it's not allowed in that zone distticl, th;.y could IIO!just II)'"" iauodil in error
so you can 111)' 11 that place. They bad to comply with wbM the Code calls out and tbcD go tllrougll a
process to appeal that decision to allow a variance to occur or DOL
But, Council Member Bradshaw said, if it 's our stall's error. City~ Scan rupondod dlot if it's our
stall's cnorbutil's still wroni;. oursutrdocsn'tbavc the ability to go Ollllidc the Code. Tiie pn,blern is
then: is a fine definition between what a modular and a manufactun:d bowe is. Mayor Bums aid thr:n: an:
other issues that can come up also on thls, legal illucs that are equilablc in DIIIDl'e that mlat,t bear on this
100,
Council Member Habenicht asked that the Council be kepi infonncd. City Manager Sears said 111111 yes he
would do thal.
Council Member Btadsltaw advised Ms . Mag,,e that Cou· -ii will n:mand thls to City Manager Scan and
he'll keep them informed of what goes on. She thanked i,.,._ Magee forbcrtimc.
Council then asks• Ms. Mag,,e if she wanted her materials back. She took everything she did llO! haw
copies of. Again. U>uncil iliantcd her and wished her good luck.
(b) Yutaka Magee, 5776 South Lowell Way, Ulllcton, stMcd be is Mdi"'8's husband and
they purchased the home through Oakwood Homes and basically bad all cl the permits okayed. He said
they wen: ruppoocd to move in a week bcfon: Christmas. A week bcfon: that the zoring inlpector, Cbarlie
Petty, called him up on a Friday afternoon after be got home from-" and balcally lie -'Ver)' rude and
said that be bad to remove the house from the property which be bod pardwcd from his Gnmdma. Befon:
the house was put in, Mr. Mag,,e explained, it was a yard and it was getting to be too much up-keep for bis
Grandma, 90 be pardwcd the land from her. lie 51110d this Im been n:ally strossful . lie said Mr. Petty is
calling it a mobile home. Mr. Magee oommental that bis own definition cl a mobile home is SIOIDdhing
that can be easily retDCMd off of the property, off the land. This bad a fowldation put in just like a regular
home and when the house is brought in it's brought in on two Oat bed trucb 90 it never was on wheels, it
was assembled. The two piea:s were assembled and it's been alllchcd. It's been welded 1111d bolted down
onto the foundation and the next day they got a lcacr from Mr. Petty saying that it had to bo removed in 30
days or they would n:mov e it. II our expeme. Mr. Magee said that if they wen: to do that it would not only
ruin the house, but it would .nut a lot of people too ... bis fiunily, bis daughler ... bccause he is trying to
provide her with a stable home for my famil y and myscl[
Mayor Bums asked if Mr. Mag,,e had all of bis plans and specifications submitted to the City at the time
the pcnnit was issued . Mr. Mag,,e said yes, be had blueprints of the house drawn up from the contractor
and they wen: submitted, landscaping blueprints as well .
Mayor Bums said as they told bis wife, Council is asking the City Manager to follow up on •l:is and s,e
wbcre this is aL That even though, legally, this may not come bcfon: the Council, they would lilte to
review the process and just s,e what !laffwas doing here and what the process was. We could pe,haps. he
lapewoodCltyC..U
J-,,4,1999 .... ,
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to:! 'I
,aid, help than out ID Ibo Board ol AdJllllmelll Ml& widlll last 101111 llllr dociJjon llllm& here u to bow
lhil tbould be handled. Mayor Bums IMnked Mr. Mape.
City ll.lalgcr Soul aid that wo'U lbllow up. He him~~ compld,ely OD 10p ol I~ be IIOIOd, bcjull
knows 1h11 there-.,.. ll:liODI 11111 -11m by bolh NBD aad by Lance SmillL He aclmowledged
lhal, obviOUlly, thcle people were llleaed. He said ho wa, aony tbll wo didn't llllybc do the follow-up on
ii. I'll do a follow up IO the COUDCil Ind let you know , he advised.
Mayor Bums said Ibo& lllllllflll:lun bouaiaa 1111 become much more acceptable and bu chlnpd in
clofinition and falm la Ibo .-c ......i yean. Tho lloulilla Audlority 1111 built a oouplc of homes o,-er on
Penmylvanla wbonlyou pal hlO piea,I oCthe boulc toactbcr. Tbcy CIIIIC ill on irucbbut lbey're two
aory homa that look like lbey've been there for twenty ycan and YCI)' nio, IOCJkina homes. Tbcy are DO(
an)'lhin& like a mobile home bul Y'"' can do that kind of boullng, build it off site, bring it ill and bolt it
togclhcr.
City Mampr Scan aid that be uado.'tSIOOd that that's wba! is permilkd tbae ... llllDufacturing bousiJlg.
But tbll he underSIDod Ibo& mobile botnea ...... DOI.
Couacil Member Glnett aid the ddinition ol mobile home .•. it could be any t,ome. He DOied it-with
0 / without a fOUDdatioa.
(r ,,cil Member llabcnicht "MID:! .od iftbae bu been any concem by the neighborhood. City Manager
·' ~-. said be could DO( -1h11.
t,fayor Bums said he tbinb it is an isluc of affordable bousin1 IOO.
Council Member Bnodsbaw said that it's om, block olf ofBnlldway, it's between Acoma and Bnlldway.
City Manager Scan said the o "· lhilll be knows is that ill that mne a mobile home is DOI permitted and
that is what the issue was. But. be said, in tams of the process of bow that came together ... he can't answer
that question.
Mr. Waggoner said the isluc-like wbdbcrit'samodularora mobile home. Mayor Bums -,reed.
Council Member Bradsb.N advilod Mr. Mape Council would look Ullo iL She lbanltod Mr. Mag,:c for his
time and said that she -mny about bis Cbrislmas, that that made her sad.
(c) Vern PiihDa, 315& Well Fllllldale Rood, Sheridan, Mllod that be was• formes member
of the Sheridan City Council and Ibey bave been throu&h this in Sheridan IOD. Tho home is a modular
home, be said, and evaythiag sbc 1111 .,.-al IO Council will sbow tbll the descriplion ol the modular
venes a mobile is~ dillcreal. A mobile home is oot aaacbed to a foundation. We wont throulh this in
Sheridan. be""""" and bmd dill diae'a DO way WO could Slop. modular home from comiq ill OD a
fOUDdation, that it didn 'tlllllu:-to, because it's •nice SIIUCIUre, it's awry well builtbome. We went
10 the trouble of baviq a maSlcr dedriciln, maa1Cr plumber cbcclt the buildilll Sblldllre COIL Tbcy said it
exceeds all Slalldanla of the Unifonn Building Code, which be was sure Englewood accep!J the ame u
Sheridan did. Mr. Pisbna Aatec: be really doesn't -wby this should go to the Board of Adjustment and
Appeals, it dido'l in Sheridan. Wejast went ahead and said, well, this is oot a mobile home, it is a modular
and we allowed the people IO pd ii in. He stated be really doesn~ undemand what's happened here, bow
they got the permits isluod ahead of lime, got the home set and then all or a sudden somebody decided it
was a mobile homo . In Sheridan that didn't happen. Mr. Pisbna advised that the Sherirlan building
inspector says, well, it's a mobile bome because wo bad some antiquated ordinances that in our ordinances
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quite honestly it was, so ..., buildin& inspector was correct. When wo really got to chewng into i~ be •
said, the state dido'tagff)C with mand it was DOI true that it was a mobile home, it was a modular. Mr.
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lqlewllodCltyC-U
J_,,-4,Jffl ,.s
Pishna opined lhat it it a very nice SlrudW'e, it's an lddilioo to the community and be a<lvlted M\yor Bums
and Council Member lllbenlcbt that that's wbal you've go( bcR.
Mayor Bums said the Ci1y Manager's going to cbeclt it out and u they aid Ibis doesn't come before the
Council for dcciJlon.
Mr. Pisboa said be was swo Gori· Sears was DOl awa,e ol c:xaclly what all was going on 1hcre or hasn't hid
a cbaDcc to look at it and he should be allowed that oppo,111aity. He noted be lnL!led !hat Council will
mala: a good d<cision here when they have the pn,pcr knowledge u to wbal's going OJI and wbat they've
got !here. Mr. Pisbna said he really trusts that they will give these kids a place to live and be happy with
the SlnlCIWe Ibey put in your communily . He thanbd Council. Mayor Bums thanked Mr. Pis'ma for
coming.
(d) Dorothy Andn:ws, 4791 South Acoma SCrcet, odvis,d !hat she llvesjust north of the
modular home and thal she owns the two loll lhal it wu put on. It's all ready to be for Melissa and Yutaki,
Magee to move in, she advised. The sewer is in. the water, the electricily is all ready for them to occupy it.
She stated lhal she deeded the two 1015 over to her daugbt<r and grandson so Yutalca Magee could have a
place to live because they're kind ol In a bind rigltt now and me thought this would help tbcm out. She
said she didn't think there would be any problem. She p,-..1 a couple of piclurca to Council to sbo<v
wbal it 11C1111S the 5IJUI from 111 .•• ID old chictea boulc ... I bolrdod up boulc. Therefore, she noltld, tlbe
didn't lblllk tbcrc wu going to be any problem at all. This bas gone on all summer long up untd now and
it'sg<lling too much for all olus, she said. Ms. AlllftWI Sl8lal that she it afraid, with all oftius going on,
that she is on the verge of a breakdown and that's all there isto il ... lbls bas been too much. Ma,')rBums
stated !hat Council undentands !bat Ibis bu been sb<SsfUI . Ms. Andn:ws said she is IJ)'ing to bel;
som<llody out and Iha! she raised Yllllka Magee Ulllil be-five years old"' that's why she frs'.s partial
to him. Mayor Burns thanlced her for showing the piaDres and coming.
8. Commuaicalioas, Proclamatloes aad Appoia-U
(a) A letter from Susan Van Dyke indicalillg her resignation from the Clean, Green Md
ProudlK,ep Englewood Beautilld Commission was COl1lid<red.
COUNCil. MEMBER NABHOLZ MOVEII, AND IT WAS SECONDED, TO ACCEPT WITH
REGRET THE RESIGNATION OF SUSAN VAN DYKE FROM THE CLEAN, GREEN AND
PROUD/KEEP ENGLEWOOD BEAUTIFUL COMMISSION.
Council Member Nabholz offered a big thank you for all af her year, on the Commission.
Mayor Burns ogreed absolutely. He DOled she is relocating to C.astie Rock and that's a big loss for the
communily and we really appreciate aU of the work that Su.= Van Dyke bas done. She's a former Mayor
of the Cily and just put in enormous amount of work far this Cily aver the year, and we are very sorry to
see her go. he said.
Voterea!U:
Motion carried.
Ayes : C"'11lcil Members Nabholz. Garrett. Bradshaw, Habcnich~
Waggoner, Burns
Nays : None
9. Public Heariac
No public hearing was scheduled before Council .
(>) Approval or Onlinanccs on Finl Rtading
COUNCB, MJ:MBIR BKADSHAW MOVID, AND IT WAS SECONDED, TO APPROVE
CONSINT AGENDA ITEMS 10 (a) (I), (ll) ud (Ill) ON FIRST READING.
(I) COUNCIL Bill. NO. 2, INTRODUCED BY COUNCIL MEMBEJl
BRADSHAW
A Bill. FOR AN ORDINANCB APPROVING SIJPPU!Ml!NT NO. JI TO n1B VALLBY
SANITATION DISTRICT CONNECTOR'S AGREEMENT wrrH 1llE CITY OF ENGLEWOOD TO
INCLUDE ADDmONAL r .AND wrrHIN nm DISTRICT BOUNDARIES .
(ti) COUNCIL Bill. NO. I, INTRODUCED BY COUNCO. MEMBER
BRADSHAW
A Bill. FOR AN ORDINANCE AUIHORIZING A "LICBNSE A<JREl!MENr BETWEEN
ADVANCED STORAGE I.LC AND 1111! CITY OP ENGLEWOOD, COLORADO FOR CROSSING
nm CITY DITO{ AT !OCH SOITlll WINDERMFJU! STREET.
(iii) COUNCO. BIU NO. 3, INTRODUCED BY COUNCO. MEMBER
BRADSHAW
A Bil.I. FOR AN ORDINANCE AUIHORIZING AN INTERGOVERNMENTAL AGREEMENI' •
F.N1Tll.l!D "U.S. DEPARTMENJ' OF INJl!RIOR U.S. GEOLOGICAL SURVEY JOINT FUNDING
AGREEMENT FOR WATER RESOURCES INVES11GATIONS."
Vote.-Iu:
Ayes : Cowlcil Members Nabholz, Gama. Bradshaw, Habenicht.
Waggonor, BUIIIS
Nays : Nooe
MOlioocarried.
(b) Approval or Ontinaoa:s on Sccml R,adJog
COUNCB, MJ:MBIR WAGGONI& MOVID, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEM 10 (b) (I) ON SECOND READING.
(i) ORDINANCE NO. I, SERIES OF 1998/1999 (COUNCIL Bill. NO. 81,
INTRODUCED BY COUNCIL MEMBER WAGGONER)
AN ORDINANCE AUTHORIZING AN JNTERGOVERNMENT AL AGREEMEN ,· BETWEEN TIIE
CITY OF ENGLEWOOD, CC JRADO AND ENGLEWOOD PUBLIC SCHOOLS WHEREBY
ENGLEWOOD WILL HOST THE ENGLEWOOD PUBLIC SCHOOLS WEB SITE.
vo1,.-1ts:
Mllion c;rricd.
Ayes : Council Mcmbcn Nabholz, Gamtt, Bradshaw, Habenicht,
Waggoner, Bwos
Nays, None
(c) Resolutions and Mow,ns •
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.......,_.i01yc-u
,_,,. 4, .,,, ,.,
COUNCll. MDOllll HABENICHT MOVED, AND IT WAS UCONDED, TO APPROVE
CONSENT ~.GENDA ITDl5 10 (c) (I) ud (II).
(I) RESO!.I.JTION NO. I, SERIES OF 1999
A RESOLtJTION DESIGNATING THE BULLETIN BOARD IN 1lll! LOBBY OF ENGLEWOOD
CITY HALL AS THE OFflCIAL POSTING PLACE FOR ALL NOTICES OF THE CITY OF
ENGLBWOOD .
(li) Rl!S(tLIJTION NO. 2, SERIES OF 1999
A RESOUJTION ADOPTING A LIST OF PERSONS FOil APPOINTMENI' AS HEARJNG OFFICERS
FOR DISCIPLINARY GRIEVANCES .
Vole,-111:
Molloaamled.
Ayes: Couacil Members Nabllolz, Gonca, Bradlbaw, llabenicbl,
Wagoner, Bwm
Nays: Noe
II. 11,plarA,-.
(a) Approyal afO..U-Oil Finl Rcadiq
TbcR MR DO addilioaal ilea tlll,mincd lor 11JP10YU 011 lint raiding. (Sa, Agenda !Ian 10 • Caoacnt
Agenda.)
(b) ApprowJ afClnlinana:s OD 5"':ond Reading
(i) Couocil Bill No. 82, approYiDg an lntcrpemmealal Agr<ana11 wilh the City
of Sheridan for Englewood to pn,vide in-l<ind contributions for the rcoovation of the Oxfnnl Bridge was
considcn:d.
Council Member Bradsbaw sw.d lhal we l-110 proceed with this bill own in light ol oome l'OCOIII OYODIS
with our Ii-city Sheridan and 10 show 1h11 wo act in good faith. I think this will benefit r ur citizens who
USC the goif ccuno.
COUJIICll. MEJIIJlll ■IIAllSIIAW MOVED, AND IT WAS SECONDED, TO APPROVi:
AGENDA ITEM 11 (b) (I)• COUNCll. ■llL N0.12.
Mayor llw1II agi""1 wida Coua:il Member Blldlhaw dlal WO sbouid proceed ....t with our other
Ill"""""" with Sbcridoll dlM an, baldicial 10 our cilimts in ,pile al l0IDO of the other conllicts wo are
baving II the ..,_, lie opillod dial it is aJIISlrUClive lO move abcad.
ORDINANCE NO. 2, SERIES OF 199811999 (COUNCIL BILL NO. 82, INl1lODUCED BY COUNCIL
MEMBER BRADSHAW)
AN ORDINANCE AtJrnORIZING AN ORDINANCE AtJrnORIZING AN INTER<".OVERNMEITT AL
AGRl!EMF.ITT BETWEEN 1lll! CITY OF SHERIDAN AND THE CITY OF ENGLEWOOD
PERTAINING TO FUNDING OF THE OXFORD STIIEET BRIDGE REPLACEMEITT PROJECT .
Voto,-111:
l■stew,,od Oty COUN:U
Juuary •• '"' ·t•ae•
Aye,:
Nays:
Motion carried.
Council Mcmben Nabholz, Gama, Bradshaw, Habenicht,
Waggoner, Burm
Noac
(c) Resolutions and Molions
(i) Mayor Bums llllal lhis ilelll is a r=mmerrdation from the City Auomc,'1
Office to adopt a resolution a>ll5Cllling to the tnnsfer of control of the City's Cable Tdrvltlon Sys1em
Franchise to AT-&-T Corporalion. He nolCd this is the item they disc:usacd in the Stuay Session this
evening.
Ccuncil Member Gamtt advisotl Mayor Bwns tbat he would 1101 be able to participolO a. he is an employee
ofTCI.
Mayor Burns advised, for anyone who did DOt hear that, that Council Member Garrell is an cmplcrycc of
TC! and that is why he cannot vote oo this llllller.
Assistant City Attorney R<id said tbat the City Attorney's office would i=mmcnd tho adoption of a
resolution colll<Dling to the trlDSfcr of OOOlrOl o(the Cit1 's Cable Tclcvi5ioc System Franchilo to AT cl T
Corporation. Ms. R<id asked ifthcn, .,..,-. any qucsliooJ,
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Council Member Bradshaw asked if the wording of this is the way it should be. Ms. R<id said no, tbat
there an: several typognpllic:al errors thanb to a,mputcn. '!'boy bove a tmdmcy ......, you cmngc the
spcUing of one they change the spelling of .-ytbing. so there an, liandiiae which should ay fnnchilc •
but tbooe an: typognpbical em,n al we wlll p,1 tlae CXIITOCled. Ml. BJldsllaw tllDd lftbcy irnpaded
the content and Ms . Reid said no, they do not. Ms. Bradshaw said. okay.
The resolution was assigned a number and "'8d by tide.
RESOLlITIOi'I NO. 3 SERIES OF 1999
A RESOLUTION OF TIIE CITY OF ENGLEWOOD, COLORADO CONSEi-rrING TO raE
TRANSFER OF CONTROL OF TIIE CITY'S CABLE TELEVISION SYSTEM FRANCHISE TO AT-&-
T CORPORATION.
COUNCll. Ml:MBIR BRADSBA W MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM II (c) OJ· RESOLUTION NO. J, SERIES or, 1!199.
Mayor Bwns asked if there was any discussion or any qucstioos.
Council Member Waggoner said it was bil omdastanding thai tlUs does IIOI change per sc who our
f'randllsc is with, that it is still with MOWlllin SUles Video Inc. Ms. &id said, ya, dwt it changes 041y the
P'Jt'Onl company, Mr. Waggnncr then asked if all dtc tams of the lianchise were still the ,ame. Ms. Reid
.said all the terms of the franchise are the same. The people we've been negotiating with for years are, at
the momcn~ still the same. There may be IOIIIC corponlC policy changes over the period. but 81 this point
we're not seeing any ofthem, we 're still dcaliDg with the same Mountain Slates dial we've dcaltwidl.
Then. Mr. Waggoner said. all this docs is c:hange the top lay<r, the very top layer. Ms. R<id said yea.
Ms. Habcniclu said. for the i=nl, it doesn't commit us in any way, in any terms of policy that we might
have or work for or against in tams or the tda:ommunic:ations indusby. She asr..d if thal is right? Ms. •
&id said, no it docs not.
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lqlewood City C0111til
J-•ry4,1"9
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di o •J Papt
Mayor Burn., said 1h11 It lava us the optiou 1h11 Ken Fellman said we still have . Ms. Rcid said It leaves
us those options ... Illy f\JIW9 neplldoas lhll ... ...., repnling our ftanclwc, OUl pamcular flancluse. ...
still open.
voce.....its:
Motioncanicd.
Ayes :
Abstain
Nays :
Council Mcmhm Nabholz, Bradshaw, llabtruch~ Wagoner, Bums
Council Member Gamtt
Nooe
(il) Mayor Bumi "CMJOd that lllia is a ....,llllllClldation from the H11111111 Resow=
Deputmcnt IO approve, by motlon, the ldectloa fl I Hearing Officer ror the Jeff Heniot appeal.
Director Eaton said she Is l1000IIIIIIClld the Council approve by motion the sdection or a Haring Offlccr
for the Jeff Herriot appeal .
Mayor Bums asked ii' l.bere ii a DIIIIOd olllcer 11n, a baoring ollla:r. Mr. Brotzman responded that on thc
earlier Aaa,da Item l.bere wen, tluee names. Ben Aillllberg. Ron Cohen and Hany Macl.an and Council
needs IO select one or the three.
COUNCIL MEMBER WAGGON&ll MOVED, AJIID IT WAS SECONDED, TO APl'ROVI THI
SJ:LECTION OP IIAllllY MACLI.AJII AS IIEAIIING omCER FOR THE JEFF BJ:RRIOT
APPEAL
Mayor Bums asked City Al10rney Brotzman il'be bad IIIY COIIIIIICllt or r=mmendalion. Mr. Brotmlall
advised that bis role, the City's role ii thal they negotillA: the duoe names and then they won 'I make a
r=nunendation beyond those tluoe llllllCI to Council, nor should lhc union for either or the two
individuals .
Ml . Habenicht asked Council Member Waggoner why be selected that pamcular name nvcr the others . Mr.
Wagpner said it looked like he had a good bacqn,und, pretty good experience and thal sort or thing. Ms.
Habenichl said okay. Mayor Bums llid be lbouglll they were pn,blbly all highly qualified.
Voter...its:
Motion carried.
Ayes : Council Members Nabbolz, Gamt1, Bradshaw, Habe nicht,
Wagoner, Bumt
Nnys: None
(iii) Mayor Burns advised that ..&is is a ra:ommerdation Crom th e Human ResourtCS
Department 10 approve, by motion, the selection uf a Hearing Officer for the Slan Willi appeal .
COUNCIL MEMBER WAG GONER MOVED, AND IT WAS SECONDED, TO ,\PPROVE TRI
SELF.CTION OP RONALD J. CORE!" .'..S BIARING OfflCER FOR mE ST Al~ WALL
A1'Pt:AL
Ayes: Cc:,uncil Me ,.ibtrs Nabholz, Gamt1, Bradshaw, Habcnich~
Wsggona, Bum,
Na)S: Nooe
Motion carried.
12 . Gaenl tJbcuuioa
(a) Mayo~s <.:noict
l■illewood CIIJ C-11 J-uy•, .,,,
Par,10
(i) Mayor BW1ll P'Cllli<aed lbal RTD is having a llOClplion lomorrow Digjll for it's
oew beard nlClllbcn, which he plans to attend. He noCcd that they bclicvo this will be a much moro wcr
6icodly RTD Boan! and be even more favorable than the past one 10 ligbl lliL Whiclt, he opined, will
benefit u, in some marutct in the Southwest Corridor and indeed. the Sootbout Corridor as wt.II .
(b) Council Member's Choice
(i) Council Member Nabholz :
I. She advised that she walllCd lo tum ill her report ar .d thank the CwnciJ, as wcll as the citizens or
Englewood, for allowing her lo altaid the NLC eonr......, .. She !.1lid Ibo alao has one other ccnillcatc that
she is wai~ on which was a fascinating clasa on the Ten :iabit.s of Effective City Councils, which is a
prognun lhal the!' cum:ndy U9C under Mayor Maiprct Csrpcntcr ill Thonllan. It was a very inlCRllling
.:!us and tbcrc was a lot to leam
2. She DOlal thal Wedneoday night she IIIICl1dcd the Sheridan Plannilt£ and Zoning .-ting. She
said sbc just wanted to say thank you lo our City Attorney for the eves WIICbluJ eye and his gracious
bchavio,. Ms. Nal>holz maintained that wc as a Council need to continue to support our staff in the
dittdion that this goes.
3. She aid she knows Council Member Habenicht bas staU:d some concerns ill n:prds to Wal-Mart
an,.J she would like to challenge Cooncil lo take a trip out to the Highlands Ranch AMC 24 . She
commented lbal it is a sea of parking and she voiced her concern that wc will not have enough parking over
bcrc. Ms . Nabholl. advised that she Im been tbcrc tlute times within tho lut six weeks just trying to find
out if it's just a certain time the traffic is bad or not and it was very alanniag lo her.
'. She advised that she has a letter from the Englewood Historical Society . She noted it bad been
requested that something be put in writing as to the amount of space they n -cd at the new City Hall .
(iii Council Member Gamtt said he bad ooc item which deals with the people that
spoke at the opeu o:ac session. He st.,tcd thal he would like tho City lo at least lake a hard look at !his,
bcc:a1tse if the City has made some kind of 'ITOr it seems like rcvCBillg that error before it has to go to the
Boan!. would be a recourse. He said hi, assumes that~ is some kind of procedure where the Building
Department can say we have re-exami1Jcd tho situation and WI an, pulling the notice. If we have made an
~""''· he said, be wo1tld like th• City to roctify that before we uavc lo put fillure citi1.cns through that kind
of dfon. !!;i turns out tM! ,t'ucloscr question than that ... bc fdt that the City has to look at their
participation in u.. :i::e.nt e:id bow much zeal they try lo push lhat issue. Mr. Garrett advised that be is
amcemcd that they saw the drawings, they saw a lot of the mate rills and wc just have to be careful as a
City lo say, 'ob, never mind, take that away".
Mayor Bums said he thinks that in rhc municipal an,a too , that he thought the r.asc law is that the
cxpcnditwc of money and buildillg of st.rucluJe can opcratc as an cstoppcl.
Coull.ii Member Bradshaw said that we dou't know how that was rcp<CSentcd to them by the sal<& person.
She commented that it sounds like it could boil down to just scmantics ... this is a mobile home this is a
modular home. She soggCS'ed that maybe that's something wc need to address with our City CJdc.
Council Member Ganctt a<:dcd that the dc.~nition of mobile home if you read i~ includes a pcnnancnt
foundation . It d,,c,m't have to be just sitting up like you would think it can be on a permanent found:,tion
,.;th e,-crything hooked op . It's a gray an,a
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lqle,reodCl1yc .... u
laauy4,1999
Pqell
City Mlmger San aid be dlc'Jl't lmow thal it 1>'11 11 lllr ...... it_._ dealrited ........ Ho
thought it 1>'11 in tho initial conmucdon p!lue. u opp0llll lo lilliaa din. We will dellllltlly tollow up, be
sud, ilwe are,...... in the way,.., UIW)nllld Ille Code 111d we have given it lo tilem. lie advilOd that be
wiU have lo COlla1lt with Pon l1nltm,an 111d Ibey will SM lhem Ml)' bcDellt aftbe""""' .,,.. don't
have 1o put them through a hoop. Coantil Member Ganett noted Iha! the City hll lo proUCt ltlell. Oty
Manager Sears aid 1bat it wu much furth<r along than he anlici~.
Council Member Wagoner said lhat we need lo act quickly be(ore It goes to 111, Board of Adjustment, if
that's not necessary then ii sbouldn 't go.
Council Member Habeniclu aid she knows the genUcrnan llllkcd about what had happened previously In
Sheridan, but ilwe arc looking au definition problem rn.,ybe we need to look imo ilthis panicular
manulactuff:r or sales group is working in 01her comm uni lies. She opined that,.. just need 10 look into
that and 10 make sun, that we arc bulb protc,.1!Dg the citizens 111d also tho ilUgrity or our :zoning 11 the
IIIIDO lime. Ifby some chance lhcy have been uacd, then I think maybe we n<ed 10 work with Iha a on their
behalf. slle aid.
Council Member Ganett said that basically the contnlCt for tho mo,tgage pull tho bunlen on lbe borrower
to make sure it complies.
Mayor Bwns noted that there are a lot of issues tbcre.
(iii) Council Member Bndshaw:
I. She thanked everyone for the birthday cake, which she thought wu nice.
2. She advised that she received Ille Englewood Code Enfon:cment City Wide Pride in tho water bill
this 111010. It's a good brochure, it wu p,t out by Ibo Codo Enforcemen, OJmmia.. with Byron Wicks as
advisory lo i~ :mdboy. she said, 11......., all ldndsoftbings for ourc:itimY~ She notalit is only going to
go 10 tho people who gel the water ~ill :lid the water bill may go to someone elle o,d she wished there was
a way we could gel this lo evcry property in Englewood because it's really lnvalw.-. . It bas all lcinds of
phone mun!,c11, tells lhrm what things are okay, what things are not okay ... it's exc:clte:il Ms. Bnldshaw
,aid she wanted to compliment the Code Enforcement group on this.
(iv) Couuril Member Habenicht:
I. She said she 's glad that Mayor s .. ns is attending this RID reception.
2. She advised there is a DRCOG orientation for elected oft;cials il anybody '• interested in
attcodin& on Thursday. January.,.. al 4:30 p.m.. if anybody wants 10 know more ,.bout DRCOG .
3. She o.olcd she would like to attend tho CML Legislative Workshop Thursday, February 4•. Sne
said she would be ancnding the Policy Committee ~g a&r that the next day.
4. She sated that she is giving some serious considcratiun ... and she asked that Council bear with
her. as six: thinks about ii 111d support her if she decide.I to ask 10 go ahead 10 the NLC Confcrc:,cc in
March. Ms. Habenicht said she has been toying with it and after today's discussion about the
telecommunications, she knows that will be heavily llllked about lhcrc and it's an issue that she's been
ttying 10 follow for a loog time and she would like 10 continue working with that issue . So , she said. she is
going to think about i~ so if Council gets a request from her that will be why .
s. She said that Council Member Waggoner pointed out that the lcuer from tile Historical Society.
that Council Member Nabholz brought to our ancntion, did talk about 1IOSSibly having a part time
11:ap,rood City COIIKII
J--,y4,J999
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u rt/) h h®Jf" ,,
e,•1•1,1 ri .. i
• t'l
En,iowood bl-... lilnrian. SIie aid Ille would gueu lhat lhc would W.. lo COlllioue looldq a lbal u
a poaibility u -Ublll)' llllhxp1ndl.
6. Sbo 1haaud ..aybody for all oflbo woadcrful baliday and Cllriaas peelinp aad Cll\lland
giftl. Every-balDOCII thaking OYel)'OGOaad i1'1ju111warm community ud i1'1,ood lo beapmtofi~
she said.
(v) CouDcil Member Wagoner asked City Allomoy BnMzmin if dlil bcarlng
officefs lilt was going to be used for every bearing for lhc year. City Allonlcy BIIIWDIII 1111d comet, Ibis
list is good until lhc end of the year. Mr. Waggoner asked if we need IO keep llds list around, with lhe
,.,..._,.., (or each cue Iha! comes up . City Attorney Brotzman advised lhcy will give Council Ibo lilt back
if there is a new rcquc,t.
13 . Cily MuaFr'I Rq,ort
(a) City Maaap:r Sean said be would give Council a call on Ibis iSS1•, over U.. noxt couple
of days because I know it's a pretty bigcoacern. Council agreed how disappointing it must be fo, Jie
Magccs 10 have tbougbl lhcy -movin& ia II Cbristmu. Mayor Bums wu alao concemod if lll)'one
was rude 10 them. Mr. Waggoocr commcntal that that is DOI a good situation .
Council Member Habenicht said she bad a call from Al Vormiaag wbo asked her 10 wish everybody a very
happy holiday and say hello.
Mayor Burns said be wanted to coDIIIICIII OD lhe NLC CODference report He advised Iha! !hey rcccived
lhese very nice bladr; blp al the C4alioralce aad lhcy -all idcnlical. They \VCDI IO lhe airport and had a
whole bus full of people 111d Ibey Sol off II acb airline u lhcy went He said be Sol off al lhe lall ooe al
United. Thero WU OI • bag left, be took ii and ii WU DOI biJ big. II belonged lo a lady flOm Salina,
California, be said, and be UDdenlandl lhal !be bu bis bag with all bis rcceipll in iL Mayor Bumi advised
lhll be lalked to the AailllDI City Mulapr of Salinas about ~n days ago wbo plOlniled failhfully that he
would get a hold of lhll and send it back b=. He DOied he bas not seen ii since, but he is going 10 make.
another Slab II ii and he might have IO get lhc agenda from Ann Nabhot!.
14. Cily Attorney', Report
City Attorney Brotzman did DOI have any manen 10 bring before Council.
15 . AdjcNl1UIIClll
MAYOR BURNS MOVED TO ADJOURN . The meeting a1joumcd 11 8: 14 p.m.
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