HomeMy WebLinkAbout1999-04-05 (Regular) Meeting Minutes•
11:NGLIWOOD CITY l:OUNCll.
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INGLl:WOOD, AllAPABOI: COUNTY, COWRAIIO
Repla r Seulon
April:,, 1999
I. Call ta Order
The rogular nieelillg of the Ellglcwood City Council was called to onler by Mayor Bums 117:42 p.m.
2. lavoca11oa
The invocation WU pWII by Couacil Member Nabholz.
3. Pledce aC Allqiuce
The Pledge of Allegiance wu lal by Mayor Bwns.
4. Roll Call
Ah<ent:
Council Member, Nabholz, Grazulis. Garrett, Bradshaw, Habcnicbl,
Waggoner, Bums
None
A quorum was prcseot
S. Mlnuta
Also praent: City Manager Scass
City Attorney Brotzman
City CJat EILis
ChidBuilding Official Smith
Din:ctor SL Clair, Housing Authority
Housing Fmancc Specialist Grimmett
Senior Planner Gmham, Ncigbbomood and Business Development
Boan! Di=tor Simpson, Englewood Environmental FOUDdation
Di=tor Long, Library
Dim:tor Black, Parks and Rccroalion
(a) COUNCil, MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR MEETING OF MARCH 15, 1999.
Ayes : Council Members Nabholz, Garn1t, Bradshaw, Habcnicbl,
Waggoocr. Grazulis, Bums
Nays : None
6. Scbcdaled Visiton
(a) Deborah Poole, 143 I East Comell Avenue, said she wanled to cllaljust fora minute
about Arapahoe Acres and lhCII Diane Wray \\ill talk for a moment about the grant itself. Anlpahoc Acres,
she noted, is cclcbniting ill so• anniversa,y. Believe it or not, she said, in 1949, in the fall , the uie plB!I
was approved in EqJcwood and the site plan and covenants were taken out to Arapahoe County and
approved . Ed lla\\tins was the designer, builder and dc-.-clopcr and was I rather remarkable man, she
Ellal<wood c11y cooa .. u
April 5, 1999
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opined . He was not only n:spoo~ible for the m.'lrVtlous design of their houses, but he was a lllll\'Clous
business man and he wu able IO put together a mw or people, most of whom stayed the whole dmc and
worked on the houses. Alm very imponanl 10 their nel&hborhood was Gene Sternberg. who ,ild lbc lite
plan and dcwlopcd the winding lln:elS. Both the unusual design of the houses and the lite plan were very,
very unique for that time, she said. A signature of U1eir neighborhood is the street signs, which they
restored in 1996 and Council was a partner. Ms. Poole Slated it was a good panncrsbip and they liked
working with CoUDCil. One of the n.nst imponant things about their neigliborhood has been lbc loyalty of
the residents . Many original o-.mc11 then built n second house, the houses were builL a 124 o(thcm,
between 1930 and 1957. Man, utiginal owner, built a second house, or people moved lntotbc
neighborhood, then moved on lo a larger home. Tod:ly they have twelve original ownen or .atben of
their families. which she thought was kind of rem.,rtmblc, 50 yca11 later. One of the most imporWII things
they hav, done, which she W8J1ICd to ,hare with Council, is the ltlstory of their ncighbomood. SIie aid she
was s11re some of Council have seen it. Thi~ sl1e advised, is Diane Wray's book . She wrote the text, she
did the pictures and she did the layout. They are very proud of II and ii rally docs tell what their
neighborhood is. In the first part of the book is a wrillen ltlstory tliat describes what happened, in the
middle there arc pictures of UIC houses, chosen because 11..y illustrate spccifte design charactalstics, and in
tl1e back they have a picture of every home in tlic neighborhoo, ,. They also show the original owner and
when the house was built. So, she said. ii really docs clmracteril.C UICir oommunity. Ms. Poole 1r n ,
couple of copies for Council and commented tl.il they were hopeful they would be in the Libra,
offered additional copies if anyone was interested . Copies lmvc been given lo C\'ery homcown, .u d,
and copies arc available for any new residents. TI1cy h,1\'C distributed 285 copies since the book \1 •'-'
printed.
Ms. Poole staled that their most rca:nL exciting news. is tliat last November they were named to the
National Register of Historic Pia=. Arapal1oc Acres is tl1e first. post World V:ar U subdivision. so
honored in the United States . Not just Colorado , but the whole United Stales,_,, pointed oul She staled
they arc very proud to bring this distinction to Englewood .
Now. Ms . Poole advised, Diane Wray will tell Council a liulc bit obout their effons lo maintain the quality
of rommunity that they have.
Dian,: Wray. 3058 South Cornell Circle, in Arapahoe Acres. said shc \\1>uld like to Uiank Council for their
suprJn of their grant application . They have put together a modest grant requ est in terms of dollan, 1>ith
,aig:.,bors matching this. Basically, she explained. whnt tllCSC dollars arc going to be used for is to put
1oge1ilcr demonstrations projects in the ncighborl1ood . One of u,e problems they have is that they are such
a yos ng neighborhood and when they stan to think oboul hiSloric preservation they have to a,mc up with
their own answers. When they say lets repair tl1e gingcrbrc.id ... we don't have any gingerbread. Lets repair
this slate roof. .. we don't have any slate roofs . ll1cy hm·e a completely different vocabulary of materials.,
building teduliqucs and design that date from 1949 to 1956. She noted ii just represents a whole dilfercnL
unique set of problems for hiSloric ix=rvotion. So lhey have put logcth,, a grant She thouglit Council
11~s aware of the State Historical Fund that is used for preservation projects around the State . Dollars come
from the gambling towns ofBlack Hawk and Cenlr:11 City . TIICSC arc awarded 0 11 a 1nerit basi~
administered by the Historical Society 10 wonl1y projects thro ughout the State of Colorado . Ms. Wray
stated that their project requests money for d.-:11onstr.11ion projects, surve y, design guidelines and basically
to put logclhcr a complclely voluntary program within the neighborhood of individuals who are looking for
assistance in maintainin,t their homes. Ms . Wray orrcrcd to answer ai1y questions and thanked C.ouncil,
again , for their support
7. Non-scheduled Visiton
(a) Brenda Grall , 1.110 East CoMcll A\'cnuc. said s'·e fell embarrassed taking the time to
come ~.ere, she didn't realize there was goin g 10 be n prcscnt.,tion representing their neighborhood.
Arap,ihoc Acres .
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E ■llewood City Council
April!, 1999
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Mayor Bums swed they were happy 10 ha\'c her.
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Ms. Grall SU.led she is here because she wasn'I aware, and many of her neighbon were not aware, 1h11 lbeir
neighborhood had even applied for funds 10 assist in remodeling or do a survey of the plants and wge!Dtion
in the neighborhood or gel a web cilc. She said she is sure ii is very, very imponanL II was jua a couple of
days ago lhal she received a copy of the request and she has some concen11-Ms . Grall advised that her fir.st
concern is lhal it is staled lhal this organization rcqucsling funds was put iogelhcr from a moetina held b /
the neighborhood al Charles Hay. Her n,collcction , and she Slaled. she is spcakingjust for henelf, is lt,01
the bulk. of the voles were cut. r<pn:Senling these four art:15. tha1 no one individual spealu for their
neighborhood. individuals speak for themselves. She poinled cul lhal diey sort of had some problems with
some heavy handedness in :he neighborhood. Arnp.1hoc Acres CO\'enanlS. she said. have not been in dfect
for 20 plus years and they wished they would n:m.1in die same. Ms . Grall 5taltd she is opposed to a formal
or informal neighborhood an:hilectwal review commiucc. She is •PP"' :d 10 a formal or informal
association review commincc . Then, an: over SO neighbors thal signed ,aying they "~ren'I going 10 send
blank loners out 10 ncighbon and stuff like lhaL She said she docs nol nm lo nix anybody's opportunily
10 gel funds Iha~ in all essence, arc free. She said. as a la<paycr and a neil!llbor, in this neighborhood lhal
she also loves. Iha! she just bas lo believe lhal then: an: olhcr houses that mighl need something IIIOfO lhan
aesthetic changes, that mighl be more worthy of d1osc funds. ralhcr than th :irs. She said she knows ii
would help It.cir neighborhood. but she just fccls 11011 th:11. pcrlt.,ps. might nol be die best use of funds.
(b) Christena Estes. r<pn:Senting die National Council 10 Pn:venl Delinc;uency (NCPD), a
gmffili project and the Colorado Retail Cooncil . advised dial she was here 10 speak on Councii Bill No. 24.
She said lh:;1 site was hen: speaking on behalf of bolh 50 I C6 Organizations, Non-Profi1 groups lhal provide
inpul on public policy manors Pertaining 10 Council Bill No . 24, she said, she is not hen: 10 speak against
die bill ouh igh~ but they do have some concerns widt Section 4, llem C, that is a proposal lo require
employee assisterl sales 011 spray painl and broad tip markers. They have several concerns with this
measure, which is otherwise known as a loa-up measure. First and fon:mo~ she said. there appc&ni to
liavc been no review by the Englewood reiailcrs 10 delcnninc the exlent c. theft or the number and tJl)C of
stores that m potentially vulnerable 10 lhcft . Ms . Eslcs advised lhal the lock-up proposal or employee
assisted sales proposals, arc usually based on a presumption lha1 tl1eft is high. otherwise you would nol
:ewe 10 pul ii behind lock and key , They would like 10 lcive some time 10 survey lhe Englewood retailer> to
lind out if, in fact. theft is high and would w.ur.uu a measure such as this . Their second rnnccm. she said.
is lha1 their inilial conlacts with some of the rciailcr.; 1oday. and \lith people from the Poli:c Departmen~
has indicated th.it lhcft is actually minimal and a problem at. perhaps , one store, They wo11ld like the
opportunily 10 sil down with that retailer. inslcad of lcgislming a policy lhal is a one size f,IS all policy and
sil d01m with lhcm and uy 10 work with lhem in order 10 have prudenl display Slandards lha1 would
minimize theft in that store. The discussion related to lock •up model may have been b?-ied on incomplete
dala. she said . Ms. Estes explained lhal she says Uus because Dcn\'er n:ccn1ly pass,,! a lock-up proposal
mui;h to the chagrin of retailers in lhe community and it was very controversial. 1l1c passage of it was
bascc:i on Phoenix, Arizona Md some of the Phocni.l(. Arizona data that Denver had received. they believe.
w-..; misleading and in some cases incort<Ct . The NCPD and U1e Colorado Relail Council is inlercsted in
conlribu1ing 10 the Responsible Relailing program here and lhe graffili efforts. They arc nol here. she
stated. to ask Council to vote down this proposal. they arc just asking Council to reconsider one piece of it
1l1ey would like 10 help address the grallili problem with Ilic Ci1y . She e.q,laincd 11131 they endorse lhc
lnlcmational Municipal Lawye~s Associalion {IMLAJ model. lllis model suggests and n,commends a
direct line of sighl from an occupied work station for all spray painl and broad lipped m.rll.:rs and/or
requires a mechanical surveillance mcasurr ,ran anti-then electrical tagging system and/or requires
employee assisted sales . If a n:lailer cann01 iulfill one of the llircc op1ions as legislaled in lhc IMLA
model, lhcn they would have lo pul ii behind lock and key . Agoin. she said. ii gives n:lailcr, sor.e
flexibilily and ii is not a one size filS all. II mininli= Ilic opportuoily of theft, ii n:infortes prudenl display
standards. bul yel gives lhe retailers some Ocxibilily 10 respond 10 their cuslomcrs. The Responsible
Retailing program of the National Council lo P,·cvcnl Delinquency, and the Retail Council, provides
Englewood Cily Coancll
April 5, 1999
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educ:llional malerials lo a ston:, signage, trnining and a whole gnmul or stuff lhal Ibey would olfer l'tec to
lhc Cily . Ms. Estes added Illa~ as part of partnering wilh the Ciiy, Ibey would I" out lllddoall altbeaulF
wi1h oach n:lailcr. Their goal 1, Uuough uainins and print ins display standards, 10 pmat lhcft by pd!U
vandals. They would also be •illing 10 pannc:r wilh the City 10 help povid·, point for the cao-,.11111
abalemcnt efl'orts and other supplies. In the pan few years, she said, Ibey have JIIIIDOtt,\ wilh MU--.:.
Albuquerque, Suffolk County, New Yorlt, Sacmmen10, California. and Dade County, Plorido,jalt ta.,,.
a few . She reilCnled Illa! Ibey would be willing 10 pn,vide implemenialion suppon 111d follow...., IOIVicos
10 maximiu the efl'ect of such an ordinance. Again. she said, Section 4, llem C, the employee UlillOc!
sales Is whal Ille)· oppose. They Lhink Illa~ despile a problem. if theft is nol high, that ii i1 anli-n:lliler 111d
anti-bllliness and Ibey urge Council lo reconsider lhis one pan oftheonlina:1a:. To pull ii 0111. aadll ia.
hold ii from lhe rest or lhe onlinancc, until Ibey haY<: had a chana: 10 survey the rclailers aad find 0111 it: in
fact , ii is a wamnlcd policy . Ms. Estes provided tlic Cily Clerk wilh copies for Council of leaers liom the
Colorado Relail Council , National Council lo Prcvenl Del inquency and somo o:.'lc:r infoffllllion from lheit
group . She !hanked Council for their time and e!Tcred 10 answer any questions.
(c) Vernon KailZ. 1310 East Cornell Avenue. in Arapahoe Acres, Slated Ibey moved in in
1962 and Ibey love lb , neighborhood, there is no question aboul tliat. They aro opposed 10 the hillarical
designation. basicolly for several reasons. He said he lhoughl Ms . GAIi actually hil most of the -r
poinlS. L.ast summer then: was a vote among lhc n:s idcnts. In his recollection , the vote came out wilh the
majority of the people opposing the hist.,ical diS1rit1 . II didn' sa:m 10 stop the people who wanted the
historical distri~ he noled, because na111;:uly tl1ey wcnl ahead and did it. Mr. KailZ commcnled 1h11 he
loves 1he dcs;gn of the neighborhood, jusi as much as any pcr,on in the neighborhood. However, he sta!Od,
he feels very strongly in the right of self dclennination in your own propc ny, wilhin r<ason. He aid he is
nol qualified 10 lell his next door neighbor or someone clsc, '"" and a half blocks away, lhll lhcy aren't
doing whal is righl by lhe neighborhood, Iha! ii is agnill5l 1he neighborhood . Mr. KailZ aid he bu been
hen• for a long time, and he has never seen anyone whil has done anylhing IO n:ally destroy !x
neighborhood. Then: aro some people who have done tl,ings dial are not in his l8Sle, b111 lhey aro sliU
wilhin good Ustc. Easically, he said, lhal i1 his story and because of those n:asons and he lhiw lhll lhe
majorily should rule, he is opposed 10 the grant
8. Communicldom, Proclamation• and A1111ointmcats
(a) A proclamation declaring April 16, 1999 as Amor Day was consi,Jered .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION PROCLAIMING APRIL 16, 1999 AS ARBOR DAY.
Ayes : Council Members Nabholz. Gnm:tL Bradshaw, Habenicht.
Waggoner, Grazulis. Bums
Nays : None
Motion carried.
Mnyor Berns prcscnled lhe proclamation 10 On\'c Lee . Manager of Open Space.
(b) A proclamation declaring tl,c week or April 11 tllfOUgh 17, 1999 as National Lihrary
Weck was considered .
COUNCIL MEMBER NABBOLZ MOVED, AND IT WAS SECONDED, TO APPR<'VE A
PROCLAMATION PROCLAIMING TIIE WEEK OF APRIL II THROUGH APRIL 17, 1999 AS
NATIONAL LfflRARY WEEK.
Motion carried
Ayes: Council Members Nnbhol z. GnnttL Bradshaw. Habenich~
Waggoner, Gmzulis. Bums
Nays : None
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ln&lewood City C•-11
April5,I"'
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Mayor Bums prcsenlcd lhe proclamation lo Library Diroctor Honk Long.
(c) A procl&m1tion declaring tl,e week of April 25 lo May I, 1999 as Crime Victims' Ripll
Week was considerod .
COUNCll, Ml':MBIR BRADSBA W MOVED, AN . IT WAS SECONDED, TO APPROVE A
PROCLAMATION PROCLAIMING TIIE WEEK OF APRIL lS TO ~IAY I, 1999 AS CRIMI
VICTIMS' RIGHTS WEEK.
Ayes:
Nays:
Council Members Nabholz, Gamtt. Bradshaw, lllbcl1icbt,
Waggoner, Grazulis, Bums
None
1,,, .. yo1 Bums prtSefltcd lhe proclamation to Safel y Scrvic-Director Ouis Olson .
(d) A lctlcrwascouidcred, from Willimn Bode, Chairoflhe llnglcwoodllolrdof
Adjustment and Appeals, n,qucsting Council dcclM' a vacancy on lhe Board. for the p0lition ,_ occupied
by Virginia McIntosh.
COUNCll, MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO ACCEYr THI
LETTER AND DECLARE A VACANCY ON THE BOARD OF ADJUSTMENT AND APPEALS.
Mo1ion canicd .
Ayes: Council Members Nabholz, Garmt. Bra,lshaw, lfal,cnicbt,
Waggoner, Grnzulis, Bums
Nays: None
Council Member Bradshaw med when they will be looking at filling thal Or, she asked. wiU Ibey, as
soon as possible, go back lhroogh people tbey have interviewed.
Council Member Gum! asked if 1h11 changes tl1eir quorum n,quircmcnts to make it easier for !hem.
Act ually, City Attorney Brotzman advised, if you have an applicant it makes ii more difficult ta get
sornelhing lhroogh lhc Boan! of Acljustmcn l and Appeals. He staled they ncc:d five no metier whal
Council Member Habenicht pointed out that 1hcn: arc scvcrnl vacancies on sc:vcrnl boards and commissions
and Ulal maybe Ibey r-' to see what tbey arc and at tl1e next Study Session •he)• can make a dclerminalion.
And maybe. Mayor BwDs suggcsl<d. tbey can accelcrale tl1111 one and see who we have on lhc list
Council Member Bradshaw stated she kn°"~ of a n:sidcnl who is very inlelencd in being on the Board of
Adjustmcnl and Appeals.
(e)
co'lsidcrcd .
A proclamation honoring Emma Goldsboro on lhe occa.,ion of her l07"' billhday was
The proclamation was n::ad in its cntimy.
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONMD, TO APPROVE A
PR" ".LAMATION HONORING EMMA GOLDSBORO ON THE OCCASION or BEil I07m
B!RTBDAY.
Ayes:
Nays:
Council Members Nnbhol,, Garret~ Bradshaw, Habcnichl,
Waggoner, Grazulis, Bums
None
E■&lewood City COUlldl
Aprll5,l9!19
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Motion carried .
Mayor Bums swcd, on behalf of Council, thal they are very pleased lo approve this pnx:lamallon, 1h11 it is
qulle an achievement
9. Public Hearin&
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No public hearing wu scheduled befon, Council.
IO . Con,..I Apda
(a) Approval of Ordinances on First Read ' ,g
COUNCIL MEMBER GARRETT REMOVED AGENDA ITEM 10 (a) (iii) FROM THE CONSENT
AGENDA.
COUNCIL MEMBER WAGGONER REMOVED AGENDA ITEM 10 (1) (10 FROM THE
CONSENT AGENDA.
COUNCIL MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO AP,ROVE
CONSENT AGENDA ITEM 10 (a) (I) ON FIRST READING.
(i) COIJNCil. Bll.L NO . 19, INTRODUCF.i> BY COUNCil. MEMBER
BRADSHAW
A Bll.L FOR AN ORDINANCE GRANITNG A TEMPORARY CONSTRUCTION EASl:MENI'
BETWEEN TIIE QTY OF ENGLEWOOD, COLORADO, AND CENTENNIAL WATER AND
SANITATION DISTRICT FOR CONSTRUCTION ACTIVITIES REQUIRED FOR INSTALLATION
OF UNDERGROUND AND ABOVEGROUND UTILITY LINES TO SERVE A PORTION OF
HIGHLANDS RANCH.
Vote ...... 111:
Motion carried.
Ayes : Cow1cil Members Nabholz. Gand~ Bradshaw , Habenich~
Waggoner. Grazulis. Burns
Nays : None
(ii) A recommendation fro m the Department of Safely Services 10 adopt a bill fOr an
ordinance approving amendmc:nlS lo the Englewood Municipal Code concerning permil fees for
governmental construction work was considered .
Mayor Bums asked if there was an official staff mcn1bc. present to comment on this . City Attorney
Brotzman advised lhal ChiefBullding Official Smith"'" pmen~ however he could probably .....,.r most
of ti,c questions on lhis.
Mayor Bums stated that they had a question from tl,c H,,u.::;ng Aulhoriry on this, but Cily Attorney
BrolZnW1 lold him lhal this ".., changed before tl1cy got it. n,ore was a reference , as he undentood i~ lo
tltc staff participation in various projects when, permits were n,quinod and lhe staff docsn~ build anything
and they nccdcd 10 refer 10 conttactors and tltings like that He asked if lhal is somcwhal correct.
Council Member Bradshaw asked thal City Allomcy Brotzman lnlk 10 Council about how this got here. •
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E■&tewood City Council
AprilS, 1999 .... ,
Ciiy Auomey Brotzman ,otcd that one of the other Alfflda items is a Housing Authorily agr<cmeat. And,
be said, thi s is one or the;._ that has been on•goinarorycars, as. apparently, then: an, a number oCCity
attorney opinions on this spa:ific Code provision and they just decided 10 clean it up . What Parqnpb A
does. is if City employ• do their own work on a pn>jccl tlicn they don't have lo pay pcnnil fca. BUI, if
the City hired • contnctar )'OU would have to pay a permit ree . Thal is ,omcwhat unusual, he said, bocause
the Ciiy is pa)''ng the conlrldOr lo pay the pcnnit fee and so it is somewhat circular and it did noc make
sense and we an, lf)plyina lhia one step further for the Housing Authority. The second pangnph applica to
conlJICton. So Plflllll)h A exempted, if the City docs its own"""'-Paragraph Bis the conlllelor
paragraph. so if you did the contnclor you had to pay iL It makes no sense for the Cily to havo to pay,
bcc3usc we m paying contnctor anyway, so it is circular. Tiic Housing Authority issue came up because
they have a nwnbct of projc :U. that the Housing Authorily docs, that have come up on this alld we an,
saying there is no rason th,, ''ousing Authorily should be paying the permit fee. He pointed out that this is
the pcnnil fee, it is not the use tax. and we arc not talking about significant money . And one of the things.
he said. that be should mention, that we need lo corrccl. is Iha~ since we did the lownhousc project "~
should probably be rd>?,,ng thal . We were in discussion on the Housing agreement and that went on and
oa and on and that wr• part of the discussion and. altllOUgh ii is not in here. tlicy will, administtalively,
rebate the pcnnil r... ii Council aprrovcs thiL They \\ill rcba1c fees for the townhouse project u well,
kind of reuoactlvcly. Ii: con,olCll~.S that they arc not .<upposc lo pass retroactive legislation, but they will
take care or it administratively.
Council Member Waggoner llllcd lhcl\. arc reasons for pcnnil fees . He asked if that was not COfTCCl fjty
Auomcy Brotzman said that wu conect.
Council Member Waggoner~ that pcnn,: fees pay for some of the cost or inspections. Cily Allorncy
Brotzman said that was correct. And. Mr. Waggoner said. tl1e pcnnits arc usually there and issued in order
tor tl1c review process on building plons and 10 protect tlic public. In schools, and other government
buildings, that arc exempt wc don't even do inspections, nor do we review the plans, as he remember>. City
Allomcy Brotzman said that was correct . So, Mr. Waggoner said. there is really no cost involved on the
City's parL He Slal:d that ii seems lilte, to him , tlml on any or the buildings that arc for resale lo the public.
thal we woul~ still want lo charge those pcnnit fees. do the inspc,:tions and the reviews of those plans and
that is tlic only way wc have of recovering some of the cost involved.
Mayor Bums asked Cily Allorncy Brotzman 10 comment on tho State Sllllutc. Mr. BrolZman explained that
we cu~ntly do not charge the schools because there is a St.ic Slatule thal c.,empts them. Chief Building
orr.cial Smith said that is ri~ they don't charge tlic S1:o1e govemmcn~ Fcdctal government or Post
umccs . City Attorney Brotzman noted there is also one for the Housing Authority. but it is less clear and
in our history there has been a split as to our own Cit)' Auomcy opinions on the State Sl!ltute that says you
"ill nol charge pcnnil recs 10 the Housing Aulhorily . 1l1is, he staled. will make ii real clear, l'rom ColUlcil
that we arc goUlg to read the Statute as c.~cmpling them from pcnnit recs .
BuL CoW1cil Member Waggoner sa.id. those houses 3J'C for resale. ar: lhcy no1 ? Council Member
BrJdshaw pointed out that they have to be inspected by someone .
Mayor Bums advised that he has to abstain from voling on 111;.;:, bul he lL'ldcrstands that one of the stk!.ing
poinlS here is the Slate S1atu1e.
Council Member Bradshaw asked that he share his "i sdom if he has I.> abstain from voting. that he can stiU
tell them what is going on. Mayor Burns said th.it is "hy he asked Dan Brotzman to comment on it.
Cily AUorncy Brotzman advised that the Housing Authorily scclion is similar 10 the school section that
says thou shall noL Bui , he noted. Council Member Waggoner is righL on schools we arc not even allowed
10 do inspections, on Housing Authority propert y \\e "i ll acll•1lly do the inspections .
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April S, 1999
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Council Member Bmdshaw asked who does !he inspeclions oi, schools. City Attorney BrolZDIIII! advised
tltal schools do !heir own inspections. Council Member Waggo•cr added that thc Sia!< does 1 :01 of ii too.
Council Member Habenichl ukcd who funds u,e Housing Au1!,ori1y. Mayor Bums advited lllat IIIOII or
!he budget comes from HUD conlJaCI.S. So, Council Membe·: Bmdshaw said. HUD requires inspecllons.
So, Council Member lllbenichl Slid, thc City of Englewood doesn\ fund the Housing Aulhority, bul we do
fond lhc permitting process and inspection process . So ii would be ulting our citizau 10 subsidb.e !he
Federal govemmem doing lhal in 011r communily.
Mayor Bums advised lhal Dira:tor SL Oair was pnesenl tonighl He said he picked up a message from her
this afternoon and asked her 10 come. He suggesled perhaps she could shed some lighl on lhls.
Din:ctor SL Oair said ii is her ,andcnlanding thal when a city sclS up a Housing Authority Ibey do so lo
provide a service 10 lhc city and that is lo provide affordable housing She noted that she ..nd Dan
Brolzman disagree aboul how clear !he Slate Siatule is. Ms. SI. Clair staled she thinks ii is prolly oleor, that
ii says that aU Housing Authority's arc excmpl from lllXes and recs imposed by any local city or entity. She
n:ilcralcd thal she feels Iha! is prctly clear. Th.11 would ltavc been carried over, years ago. when the
Housing Authority was actually staned up by lhc Cily, shr said. She stated then: has been confusion over
the years. and there was one point where lhcrc "'ns a City attorney here that wrote a memo saying we need
10 rcbale all the rces and lllXes lhe Housing Aul/1ori1y has poid. because under Sralc Stal\lle we C8MOI
collccl them . Somehow thal happened. but U1c ordinance was never cleaned up lo n:flcct thaL She noled
she and Lance Smith talked about that a li!Uc bil and U,ey lhink dial is probably whal happened and now,
wilh all !he new players on diffcn:nl staffs. we an: still having Uli s confusion . She asked iflhal helped any .
Council Member Waggoner stated Iha! if we excmpl lhc recs, then they shollld have 10 call the S1a1e
Electrical Inspector, the Stile Building lnspeclor and Plumbing inspector lo gel cenification thal those an:
done in accondance with Slate codes.
Bui , Council Member Bradshaw said, isn'I thal inher<nl in Hoc,,ng Authority projccU? Thal Mey an:
inspected . Absolu1ely , Director SL Clair said, bul they should follow U,c local codes. ll's HOWiing q~'lily
standards. she explained, whicb is a fc:dcrnl standard. or lhc local • des. She said. lo her knowledge , they
have 3lways chosen to follow the local codes. they want to be in cc::.r pliancc there. But . as st.c Mid before.
when a Housing Authority is established. it is cs1:1blishcd to provide 1 service and ii is aJmrJSt an ann of the
Cily . Again, you may be sending inspectors oul lo do this. bul we an: all working for the . ...,. goal .
In other words. Mayor Bums said. you arc saying the intent of the Statute was subsidy al'lvway, that was lhc
basic inlenL Dir1'Clor SL Oair said that was righ~ tl1al she lhinks so.
Counc il Member Waggoner said we shouldn't exempt other areas, ifwc arc going to cxcmpljust the
Housing Authorily. But Ciry Attorney Brolzman said, the others an: aln:ady done , U,c post office and the
schools. Bui they an: inspected by the Slalc inspector, Mr. Waggoner nOled . Mr. Bro .. ,,,.. .aid they an:
inspected by Federal or S1a1e inspccturs . Bui nol by us, Council Member Waggoner sak' and City Attorney
Brolzman agreed .
Council Member Habenicht asked if we do inspect these . M:1 yor Bums said we :1lw:1 y~ have . Because ,
Council Member Bradshaw said, they arc compl ying with our codes .
So , Council Member Bradshaw said. what you arc s;:iying is that they should pay fees . Council Member
Waggoner staled tha1 is whal he is sa)ing. IIL11 lhey sl,ould pay recs if we an: going 10 do the in5pcction.
otherwise we arc subsidizing them . Council Member Bradshaw said she though! u,.11 was pn:tty harsh .
Mayor Burns stated the intenl was lo help provide am rdable housing. lo n:duce thc cost.
•
•
•
Enskwood Cily Couocll
April S, 1999
Pase 9
'I) b,rr. lotffl
,J ,"-1 111 ,
,I 'I
Dirtctor St Clair pointed ou> that all thc fees charged to a project just get rcflected bock. whether it il U\
rcn1s or saJcs costs to homeowners or loans lo homeowners., whntcvcr it is, it is going to get pulld through.
She commented that she thought the ptuJ>OSC was to keep costs lower to scn,c the citizens .
Council Member Nabholz said her concern is 0,11 she has heard numerous Omcs how bish our pem,il Ale ts
here, from different contnlclors and builders. If this would sci any kind of precedence lhcu Ibis~
concern her.
Mayor Bums said one thing they might remember is the Metro Mayors Caucus Cookbook wblcb llkcd
cities 10 reduce fees wbcrc they could , because they all gel passed on to the hornrowrcr. Thal b die
broader pictun: of trying to produce affordable housing, just by maldng some changes in your onltnances,
stalulcs, some of your rcquirancnts and so forth. This, he noted , is that same kind of thing. II provides an
additional od\'ll!1tagc for moderate income people to afford a/fordable housing, bccau,c he thou!:bt Ml. SL
Clair was right it will just get passcJ right through if we have 10 charge them .
Council Member Waggoner thought he could vote difTcrcnOy if ii"~"' limited to the Housing Audlority.
Bui , he said, we say a governmental agency, which means Oiat Sheridan could come into Englewood and
build something and there would be no fees or Li11lc1on could come in and build something and d,cn,
would be no fees .
So, Council Member Bradshaw said, what be is saying is if they buy land, build something and they are a
governmental agency , they arc exempt . Mr. Waggoner s.iid Iha! is right
Mayor Bums said he is thinking of the Sou01 Suburban Parks and Rccn,ation District on the Comemone
Project and asked if that means they don't pay fees . City Auomcy Brotzman said Ore way it is cumnOy
written. that is true. Council Member Bradshaw asked if they did pay fees . Mr. Brotzman advised that
they did pay fees . So , City Allomcy Brotzman said, you could modify ii 10 simply say the City, schools,
Housing Authority, Federal government Mayor Bums noted Oi:11 is reflecting Ore laws that already exist
and not giving a broader waiver to other people IOl Mr. Brotzman said tl\o'lt is right.
Council Member Bradshaw said she has no problem with Oral.
Mayor Bums asked if they could just direc t Ore City Allomcy lo do thal City Allomey Brotzman said
absolutely.
Mayor Bums commented that the City Council I.is always bad. by policy, a member of the City Council on
Ore Housing Authority Board and be is that current member. So. he noted, he docs not vote on matlCrs
involving the Housing Authority when they come before Council , because he has been on the otlrcr end,
discussing it with the Housing Authority . So, Mnyor Bums s1mcd , when this comes up , he will abstain, and
on another measure tonight as well.
COUNCIL MEMBER BRADSHAW ., 0 1 'ED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEM IO (a) fri) Cl ,, FIRST READING Wl11f MODIFICATIONS AS
DISCUSSED BY COUNCIL
COUNCIL BILL NO. 23, INJ"RODUCF.D ev COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDfNANCE A~NDJNG TmE 8, CHAPTER I. SECTION 6, PARAGRAPHS A
AND B, ENGLEWOOD MUNICIPAL CODE 1985. CONCERNING PERMIT FEES .
Votcrc.,ult,:
Ayes .
Nays :
Council Members Nobholz. Gorntt Bradslraw. Waggoner, Grazulis
Council Member Habenicht
Enslewood City c .. 11c11
April!, 1999
Pase JO
Abaain:
Motion canicd.
Mayor Bums
I f f:,l•flf
11111,
e
(iii) A rccommcndalion from the Dcpartmcnl of Safety Services 10 adopt a biU for an
ordinance , ·nainins IO .,.mti was coasiden,d .
COUNCIL BILL NO . 24
A Bll.l FOR AN ORDINANCE AMENDING TI11.E 7, CHAPTERS 6E AND 6F AND TJ11.E 15 BY
REPEALING AND ADDING NEW SECTIONS THAT ADDRESS POSSESSION AND SALE OF
GRAFFITI MATERIALS AS WELL AS PARENTAL RESPONSIBILITY .
Council Mcmbct \1onett advised that his n:collcction, which is nol necessarily perfect, is that thc Code
Enfora:mcnl C~rr.r ·iucc discwsed, with ccnain retailer. d1is ordinance and some of these provisions. He
staled he is rducwt 10 go forward until he has verified d-,111011 is lruc ... with the lock-up provision that
has been raised. He said be thought it bad been dilCUSscd.
11,layor Bums commented that thc Mcuo Mayors Caucus had dus same issue before diem and the
rcpn:scnlativc from the City and County ofDenvcr was there and discussing 0'11 Denver wantal IO adopt
d1is . One of the racu, as he understands i~ was dull they found in their studies 0'11 virtually 100% of all
lagging Sjlny paint was Slolcn, wbicb was one of 1hc reasons d1cy wanted 10 have more conln>ls in thc
retail outlet about who could buy them. The Caucus is mcc1ing again Friday, he said, and be would be
interested in finding out how that is \\'Ork.ing in Denver, bcc.1usc ii \lo'3S a prclly strong recommendation that
dicy implement this kind of process in order 10 Uy lo restrict die togging.
•
Council Member ~II said right now, as discussed by die Advisory Commillcc, diat this is something •
they arc for, bul he j1111 wanted to make sure d1ey have had lhe proper input. Because, he advised. one of
the things they dilCUSscd was the lrickle c1Tcc1 ... if Denver had a very lo ugh ordinance it would lrickle into
Englewood ... the issues and problems. As everything else has, Council Member Bradshaw said.
Council Men~bcr Garrett reiterated that he is very reluctant lo move forward until he has at least verified
what he thinks he already knows.
Council Member Nabholz stated she was ah.J concerned that Englewood has said we haven't seen any
rising theft of spray paint or markers or t.h.it it is a problem. She commented that she hasn't heard that in
tht . meetings at all, so she would like to have some clarificalion .
Mayor Bums achised be thought it was the Mayor of Nonbglenn 0'11 said he had gone around IO all the
rclailcrs that sold Ibis kind of pain~ in the City, and actually visited "ilh each one of them and they didn~
have a problem with it He said he just wondered how ex1cnsi,·cly we might have done the wne thing
through our stalf.
Council Member Nabholz advised 11w some of our Code Enforcem ·nl Advisory me, ubers did loo.
Mayor Bums said that he would like Council Member Garrell to re comfortable with this , since he was on
the committee .
Council Member Habenicht suggested that perhaps Counc11 should pass dus on firsl reading and plan a
public hearing before they go to second roading. Because, she no1cd. when lhcy had some of the young
people do the mock Council meeting this was an issue ll1.1t was or great interest to tbcm and they had some
input She opined that we really arc concerned aboul die problem of graffiti and she would like IO move
ahead on i~ but she would like 10 hear from different people whal 1hcy lhink abou1 it and maybe we need to •
!weak ii a lildc bit. Ms . Habenicht said she d1ough1 a public hearing would be an appropriate thing 10 do .
•
•
EnglewOO<J City CCN■cll
April 5, 19'9
Pace II
"'' n{ I l ln11I ti,. ,q
C .incll !'lew'>cr Waggoner commcn1cd lhal iflhc material changes you have to start all over apin
any,,,ay, so h< w sgcstcd Ibey just table it &nd have a public meeting concerning the graffiti ordinance and
wail for the response or a litde, dditional study .
Council Membera Garntt and Bra<ishaw su ggested they just pull ii. Mayor Bums said that if you !able it it
requires a higher vote to bring it back up agaill
Cil)' Attorney Brottman advised that they could also simply pull paragraph C oul of lhal and pass lhc rest.
Council Member wa,Joner said he would just like 10 pull lhc whole thing .
COUNCIL MEMBER WAGGONER PULLED COUNCIL BU.L NO. 24.
(b) Approval ofOnlinanccs on Second Rclding
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED , TO APPROVE
CONSENT AGENDA ITEMS 10 (b) 0), C,i) and liii) ON SECOND READING.
(i) ORDINANCE NO . 17, SERIES OF 1999 (COUNCIL BILL NO. 12,
INTRODUCED BY COUNCIL MEMBER WAGGONER)
AN ORDINANCE EFFECTING THE COMPLETION OF THE REVISION OF TITI..E S, WHICH
CLASSIFIES AND MAKES NECESSARY CHANGES IN LICENSES ISSUED BY THE CITY OF
ENGLEWOOD, COLORADO .
(ii) ORDINANCE NO . 18, SERIES OF 1999 (COUNCIL BILL NO. 13,
INTRODUCED BY COUNCIL MEMBER WAGGONER)
AN ORDINANCE AMENDING TITI..E 7, CHAPTER JA. SECTION 8-S . BY MOVING THE
LICENSING PROVISIONS or GUARD OR A TT ACK DOG TO A NEW CHAPTER 28 OF TITI..E s.
OF THE ENGLEWOOD MUNICIPAL CODE 1985.
(iii) ORDINANCE NO. 19. SERIES OF 1999 (COUNCIL BILL NO . 18,
INTRODUCED BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE ASSIGNING AND TRANSFERRING TO THE CITY AND COUNTY OF DENVER,
COLORADO, THE 1999 A. CITY OF ENGLEWOOD, COLORADO ALLOCATION FROM THE
STA TI: CEILING FOR PRIV ATI: ACTIVITY BONDS TO FINANCE RESIDENTIAL HOUSING
FACILITIES FOR LOW AND MIDDLE INCOME PERSONS AND FAMILIES WITll!N nm CITY
AND CERTAIN 011IBR CITIES AND COUNTIES IN nm Sf A lE OF COLORADO; AUTHORIZING
THE DELEGATION TO THE CITY AND COUNTY OF DENVER. COLORADO OF nm
AUTHORfTY OF nm CITY OF ENGLEWOOD, COLORADO WITH RESPECT TO THE ISSUANCE
OF SINGLE FAMILY HOME MORTGAGE REVENUE BONDS (THE "BONDS") TO FINANCE
RESIDENTIAL HOUSING FACILmEs FOR LOW AND MIDDLE INCOME PERSONS AND
F AMD,IES wmilN THE CITY OF ENGLEWOOD AND CERTAIN OTHER CITIES AND COUNTIES
IN nm Sf ATI: OF COLORADO; APPROVING SUCH BONDS AND SINGLE FAMILY MORTGAGE
LOAN PROGRAM ; AND AUTHORIZING nm EXECUTION AND DELIVERY OF A DELEGATION
AGREEMEITT AND 01lfER DOCUMENTS IN CONNECTION THEREWITH.
Ayes: Council Members Nabholz. Garret~ Bradshaw , Habenic~
Waggoner, Grazulis. Bums
I:■...,._ City C-.ll
April 5, 1999
Pqell
Nays:
M01fon carried.
None
(c) Resolutions ...i Motions
,'lDII > ,1) oow,I,. l
9<"'1 In JJ
11 ,::,1
COUNCIL MEMll!R BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (e) (i), (Ii), (Iii). (iv), (Y), (vi) and (vii~
(i) PURCHASE OF TWO GMC SIERRA PICKUP 11\UCKS FROM KING
CHAMBERLAIN IN THE AMOUNT OF $.15,962 .00 .
(ii) PURCHASE OF A STREIIT OPERATIONS VEffiCLE FROM SILL-
TERHAR FORD .,~ THE AMOUNT OF $27,849.00.
(iii) EXPENDITURE OF $59,293 .00 TO COMPLETE THE CONSTilUCTION OF
A METAL BUILDING SYSTEM AT THE BENEFICIAL USE FARM .
(iv) PURCHASE OF TWO 314 lON PICKUP 11\UCKS, FOR 1lfE SOURCE AND
SUPPLY DIVISION, FROM KING CHAMBERLAIN IN THE AMOUNT GF $24,946.00 EACH, FOR A
TOTAL OF $49,892 .00 .
(Y) CONTI\ACT, FOR RECREATION REGISTRATION SOFIW ARE, WITH
VERMONT SYSTEMS INC ., IN THE AMOUNT OF $34,750 .00.
(vi) PURCHAS E OF A DUAL-FUELED PICKUP 11\UCK FROM KING
OLDS/GMC IN THE AMOUNT OF $23,451.00.
(· 1i) CONTI\ACT. FOR THE DAD CLARK GULCH STABILIZATION PROJECT.
WI11l BEMAS CONSTI\UCTION IN THE AMOUNT OF $40 ,114 . IS .
Voce resulls:
Mt'l.ion carried.
Ayes : Council Members Nabholz. Gamt~ Bradshaw, Habenicht,
Waggoner, Cirazulis, Bums
Nays : None
11. Rcgalar Apda
(a) Approval ofOnlinances on First Reading
(i) Housing Finance Specialist Grimmett pr=nlcd a recommeoo..Lon frort the
t'epartmcnl of Ncighbomood and Business Dcvelo~menl 10 adopl a bill for an onli1W1Ce audlorizing the
execution of lntergovcmmerual Subgranlcc Agreements for lhc 1999 Anlpahoc Coonty C.,mmunity
Dcvelo pmonl Block Grant Program. She said, as staled in lhc Council Communicalion, we have n,oeivcd
approval from the County for twc proj,1:ts thal were submitted . One was for tl1e contiooalion of thc Rehab
Loan Program to rehab IS houses for moderate and low-income families and lhc other to support lhe
Housing Authority's Family Self Sufficiency Program. So . she c.,plaincd, she is requesting aulhorimion to
enter into an inlergovemmeotal agreement with Arapahoe County so that we may receive those filods
approximately May I".
Mayor Bunas reported that at the last Housing Authority mccling tl1e Self Sufficiency Program was
working very wclJ and they have been "'"· rcolly touching stories about people who have had glCII
success with program.
•
•
la&Jewood City Couatll
A~rl 15, 19"
l'a,e IJ
ai 'Ji ) h Oft !;Jn;I
'I 1' I tql
I I •J•1
Co,1J1cll Member Bradshaw Slated t!Jal is such an important progrnm, because !hat is • hand-up, lnllad at a
hru1rt-o••.t and that is rcaJly important.
'file C :ty Clerk iQd the council biU by title :
COUNCIL BILL NO. 21 , INTRODUCED ilY COUNCIL MEMBER HABENICHT
A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING TilE EXECUTION OF AN
ll'ITERGOVERNMENT .\L SUBGRANIBE AGREEMENT FOR TilE 1999 ARAPAHOE COUN'lY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN 'rnE ARAPAHOE BOARD
OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD .
COUNCll. MEMBER HABENICHT MOVED, AND IT WAS SECONDED , TO APPROVE
AGENDA ITEM 11 (a) (I)-COUNCIL BILL NO . 21 .
Mayor Bums advised that he would also abstain from !his vole, because some or lhcsc fun ds go to the
Housing Aulhority.
Vote reJUlts:
Motion carried .
,.yes :
Nays:
Abstain :
Counci l Members Nabhol z. Garret~ Bradshaw, lfabenich~
Waggoner, Grazulis
None
Mayor Bums
(ii) Senior Planner Graham pr.:scnlcd a recommenda1ion fro !he Oepanment of
Neighborhood and Business De\-clopmcnt to adopt a bill for an ordinance autl,oriz .111 li dergovemmcnlal
Agreement with the Englewood Housing Authority for the plllJ)OSC or improving coordination and
clarifying respectiw obliptions. lie adv ised that this is the in1ergovernmcn"1! agr-ccmcnt that City
Attorney Brotzman mentioned befo1-c, that has been going on for a couple or years . Essentially, he said,
this gives the Housing A..iiority the ability to lap some City scrvices ... accounting services, personnel
scrviccs ... and some of the things that we purchase l'ith some economics or scal e ... insurancc, benefit
packages and so fonh . It allows them to opcra1e 31 gn,aler efficiency by using some or our purchasin;;
power, he opined. It also clarifies the role or appo intin g Board members and various other things, which in
fact come out or Slalt Slatute, but Ibey thought would be useful 10 have in the docu ment so that eve,ybody
knows what the City's role is relative lo the Hous ing Autl10rily.
The City Clerk read !he council biU by title :
COUNCIL BILL NO. 2,, INTRODUCED BY COUNCIL ME MB ER HABE NICHT
A BILL FOR AN ORDINANCE AUTHORI.!ING AND APPROVING AN AGREEMENT BETWEEN
THE CITY OF ENGLEWOOD, COLORADO, AND TilE ENGLEWOOD HOUSING AUTHORrl'Y
FOR PURPOSES OF PLANNING, FINANCING, ACQUISITIOl'I. CONSTRUCTION.
RECONSTIWCTION, REHABILIT A TJON. MAIN!l:N ANCE, MANAGEMENT, AND OPERATION
OF HOUSING PROJECTS PURSUANT TO A MUL TIJURISD ICTIOl'IAL PLAN TO PROVIDE
AFFORDABLE HOUSING TO ENGLEWOOD RES:OENTS .
COU!l;CIL MEMBER HABENICHT MOVED, AND IT WA S SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (ll)-COUNCIL BILL NO. 22 .
Enslewood City CCNaacil
April 5, 1999
Page 14
Council Member Waggoner said on page one, Section Two, I (A) (iv) it Sillies tliat vacancies sltall be ftlled
by the Mayor. Ho stated that soonds to him like the Mayor would be the one to do Iha~ that.he thougltl the
Mayor would just 1ppoin~ rather than fill tliat •;x,sition.
Mayor Burns said he thoug! t this just reflce1s •,he Statute .
City Attorney Brotzman agJCCd that it is statutory language and ii means appoint.
Vote reSMIIJ:
Ayes:
Nays:
Abstain:
Moti on carried .
Council Members Nabhoi z, Ga '· Bradshaw, Habenicht,
Waggo,er, Grazulis
None
Mayor Burns
(b) Approval of Onlinanccs on Second Reading
There were no additional items submitted for approval on second reading. {See Age'lda Hom 10 -Consent
Agenda)
(c) Resolutions and Motions
(i) Housing Finance Specialist Grimmcu presented a rccommc.ndation from the
Department of Neighborhood and Business Development to adopt a resolution authorizing tho execution of
a Warranty Deed correcting ownership stllus of a Project BUILD l)eed . This is a housekeeping measure,
she advised. Originally, whcu the Warranty Deed was issued to the buyers ,,r21os South Delaware, it
omitted to list the pun:hascrs as joint tenants . Without that designation, she aJvi!cd, it legally cbaqes the
status and the family has requested that the joint tenants designation be listed on the Warranty Deed,
correcting this omission .
The resolution was assigned a number and read by title :
RESOLUTION NO . 45, SERIES OF 1999
A RESOLUTION AUTIIORIZING lllE EXECUTION OF A W ARRANI'Y DEED CORRECTING lllE
OWNERSHIP STATUS OF PURCHASERS AS JOINT TENANTS.
COUNCIL MEMBER BRADSRA W MOVED, AND 1.1 WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (I)-RESOLUTION NO. "5, SERlES OF 1999.
Motion carried .
Ayes: Council Members Nabhol z, Garrcl~ Brndsl.iw, Habenicht,
Waggoner. Grazulis. Burns
Nays : None
(ii) Board Din:ctor Simpson presented a recommendation from tl'.o Englewood
Environmental Foundation i.. 'llopt a resolution supporting tl,c Final Agreement for Sale of Propetty, from
the Foundation to Wai-Mart. He advised that besides the attached agrcemen~ tl1en: arc thrtc proposed
modifications to the contract. He read them into the record: I. 111c initial store shall be operated as a Wal-
Mart store . Thereafter, if the store 'goes dark" the City \\ill agree to negotiate in good faith alternative
permitted uses for tho property; 2. Wal-Mart shall agree lo apply for a building pennit and commenc:e
construction Lo sufficient time to allow for a scheduled opening in the Spring o/ 2000: 3. Tho coff'CCtions
set forth on pages 7 and 8, as submitted by Wai -Mart on March 26, I 999, sliali be incorporated inlo tho
contract.
•
•
Ea&iewood City Couacl'
April 5, 1999
Paset5
:'Jr, JL"'11·I
t'P .r ra,q~ ., .,~
Council Member Wagoner asked wbal lhc i:,':e lag is on tl>is now. Mr. Simpson said .he thinks it i, $3 .4
millk 1.
COW1Cil Member Habenichl staled she just wanted it to be clear that we mean that 1be ston: shall be
ope,ated as a Wal-Mart storo, ,md iflhc store would not be operated as a Wal-Mart store lhcr, it would be
considcn:d going dark and lhc City would agree lo negotiate, in good failh. alternative pcnnilled uses for
lhc propcrl)", She asked if that was correct. City Attorney Brotzman said that was correct. Council
Member Habenicht asked that the minutes reflect 1h11.
DilCClor Simpson said he should also note that Mike Miller is hen: in Che audience conigh~ ifwc should
ha,-c any additional questions. Also, he advised, Mr. Goldberg is hen: tonight rcprcscmiog Wal-Mart if
Council has any quest; ,ns of him.
Mayor Bums noted that Council bas had rJ1 extensive discussion about Chis al Executive Session Chis
cveni;,g before lhe Council meeting and lhcsc wen: U,c propc scd changes . He said he thought he could
stale Uw lhc City is cxcil<d about , , design oftl1c Wal-Mart ston: ai1d rcally looks forward to Wal-Man
being a part of the CityCenccr project.
Director Simpson stated we believe it is a very important component of this project and we nrc very pleased
about lhc progress we have made lo dale with chem and continue 10 be very plcoscd Chae we wi ll continue to
be partncrS in lhc future on Chis.
Council Member Bradshaw advised she had a conversation wilh some secretaries at 1!,c Administration
building and Ibey said "tllank you for getting a Wal-Mart in E"'licwond ." TI,cy arc just real exciled obout it
and looking forward to having ii open and real exci ted about U,c design .
Mayor Bums noted he has n:ccived many of chose comments himself in lhc past several monlhsand hewu
sun: ocher Council members have 100.
Council Member Nabholz said Chere have beer very positive comments and Ibey are very excited.
The resolution was assigned a number and ,c.,d by title :
RESOLlITION NO. 46, SERIES OF I 99 9
A RESOLUTION SUPPOli. TING THE FINAL AGREEMEIIT FOR SALE OF PROPERTY TO WAL·
MART FROM THE ENGLEWOOD ENVIRONMEIIT AL FOUNDATION FOR THE CINDERELLA
CITY REDEVELOPMENT.
COUNCIL MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (ll) • RESOu; i"ION NO. 46, SERIES OF 1999 WITH MODIFICATIONS
TO ll XHlBIT A.
An<I . Cooncil Member Ha!,nid,1 added. lhac the clarification Iha , ,-,15 made earlier in her questioning, be
rcfkctcd in the minldcs.
Motion carried.
Ayes : Council Members Nabholz. Garret~ rradshaw , Habcnich~
Waggoner. Grazulis. Bums
N.tys: None
E ■alewood City Couacll
April 5, 1999
P1set6
(iii) Dln:ctor Long presented a n,commendalion from the Library Dcputmcnt to
approve. by motion. fonnal ar,ipon of the Englewood Historical Society's ell'on to 10C1m 111111 tbnding
from the Colorado Historical Society to ronovate the interi ,•-r of the Englewood Santa Fe Depot u a local
history museum for the people of this community . He noted Iha~ as Council was awa,c, the Englewooc!
Historical Socicty bas been very suc:cessfuJ in saving the Englewood Sanla Fe Depot l'rom dOSINClion.
They have also been successftil in acquiring SI00,000 in grant funds to rdiubish, rofinisll, sm, the OUllldc
of the Depot from dcstnlctiao . They have been successful in getting the Depot listed on Ille Slate Utt of
historical plaa:s and now they an: going out for addilioMI funding, almost SI00,000 to rd\ubisb Ille
interior of the Depot for a museum. to serve the people of tile Englewood community and U., mnounding
ar=. Din:ctor Long advised that what they arc asl·j ng for tonig)lt is City Cooncil's fonnal suppon of this
grant application. He advised that Jeny Sl ack, Pres ident of the Englcwnod Historical Soclel)' and Lany
Gloss, who wrote the grnnt. were both present if Council had additional qucslioos.
Mayor Bums asked if this is pan of the general fund raising •ffo.1 ti,,,; ,ic Historical Society prcscnltd to
Council a couple months ago. Director Long said he thoug)lt this plays a port of Uiat.
Mayor Bums commented that he kmws he had an«hc, sucw:sful grant pttviously with the Stale
Historical Society and he would ocnainly like to soc him get Utis one.
Mayor Bums stated they are all looking forward to U1e com pletion of the Depot.
Council Member Bradshaw noted it is already looking good .
Council Member Nabholz stated that the members of the Historical Society l,we really wortced long and
hard on this, as wcU as Hank Long and a lot of members of ourcommanity, as well as the City. She said
that she, as a citizen, wanted to say thank you for the partnership between the City and the citizens and the
Historical Society and all of the 51111' members. It l,is brcn a learning process, it l,is not been an easy step,
but she finnly believes L~a! lhcrc iJ power in numbers and U,e partnership and she would just like to say
lhanlt you for lhaL
Council Member Bnodsllaw co,nmcnted that she is looking forward lo, la ter, another grant rcgnrding the
Skerrill house.
Director Long wanltd lo say that I.any Gloss wrote Utis one and he thought it was a very good grant.
Mayor Bums. 01, behalf of Council, said they appreciate U,at.
COUNCD.. MEMBER HABENICHT MOVED, AND IT WAS S!':CONDED . THAT THE CITY
COUNCIL FORMALLY SUPPORT THE ENGLEWOOD HISTORICAL SOCIETY'S l :FFORT
TO SECUl!E GRANT l!'UNDING FROM THE COW RADO HISTORICAL 50CIETY TO
RENOVATE THE INTERIOR or THE ENGLEWOOD SANTA FE DEPOT AS A WCAL
HISTORY MUSEUM FOR THE PEOPLE OF nus COMMUNITY.
Motion carried.
> :,,cs : Cooncil Members Nabholz. Garret~ Bradshaw, Habenich~
Waggoner. Grazulis. Bums
Nay s: None
12. Gcntral Dlocuuloa
(a) Mayor's Chuioc
(i) Mayor Bums noted U,cy have an item U,at will come op a little later regarding
•
the Concealed Weapons Act He was down at U,c Legislature. U1is noon , for the demonstration nnd press
event about this and a lot of people showed up. He sl ated he is not exactly sure about the status of each one •
•
Ell&lewood City C1M1acll
April 5, 1999
Pap 17
or the bills ... 1305 is lhe Home Bill Ind Senate Bill 841s thcOlhcronc. Mayor Bums said bethoupl 1305
was passed by the Senate 11111 Is belug worked up. He noted it was intmsting becawe he t,lkc,d IO Scutor
Chlouber from Leadville, who is canyi1111 Senate Bill 84 and U,e big concern or lhe local communiliel 111d
the cities wu it took lhe locol decision making process away trum local commw,lties . He ldviml dial thc
Senator admitled to him that it did exactly that. and he thoushl. to too BJ011 a dcJrcc. Ir It plllOd tho
Senate, Mayor Bums said, he doesn\ know why he didn,change it or work to change it ifhe relttllal way.
Because that ts CXIC!ly the problem we ue having wiU, U,at. One or lhe spcnlccrs, Ken Gonion, Minari1y
Leader in the House, said that Governor might have been signing it as we stood then,. Bu~ Mayor Bums
said, he was not sure whether he bas done U..t. He commented U..t he heard him on U1e radio today saying
he wanted training and he appn:clatcd U,e exemption for ,chools. But, cosentinil)', it has not changed
dramatic:illy from lhe House Bill. It was of g..at cuncom 10 ma•y people 850Clllbled there this aftemoon,
including clergy and council members and many questions we:~ asked ... "why do we need lo have permits
and people with permitted weapcns at sporting events and City Hall and playgrounds.• He noted it kind of
baffled lhem. Everybody seems to think then, is a hue• elTon lobbying elTon by the NRA lo pmb Ibis
legislation, he said. He pointed out that Denver is e ly concemed about it, because or their gang
problems and so fonh and they r<ally got I much bet .... ..mdle on ii tlic last few years . Mayor Bums ooted
that thc Governor is going to sign something, Uiat is pretty clear, but without the ability oflocal
communities to control their own situation. it is of grave concern. Tiie Metro Mayor's !:'".(ICUS will take this
up again on Friday. He said they haven't met since tltis bill got so hot.
Council Member Bradshaw asked whae lhe Metro Mayo(s Caucus will be held o" /riday. Mayor Bums
advised the-; will meet in Westminster at the Front R."U1gc Commi:itity College at 7:30 a.m .
(ii) Mayor Fums said U,ey I.id a letter from an aggrieved teenager that had some or
her white T-shirts stained by our waler. He noted he hates lo sec tl1cse, that we get Uicm ail thc time about
our water quality, especially the flushing system in the spring . He acknowledged the complaiJlt about
warnings, but he thought we do have warnings in Uic bills tl181 go out. Mayor Bums asked ho"! extensive
the warning is that we give the public . City Manoger Se.rs advised he can clicck on th.11, that be knows we
do do warnings in thc Citizen.
City Manager Sears noted we have 111'<1 a number or pmblcms, but pan of the r<c:cnl problem is dl8l lhe
ligl11 snowfall has created some problems, in terms of the hciglll of the waler coming in and now we ue
beginning, bccausc of the early snowmell, tu liave more ora surge of water. 11"11 is when we ttadiaonally
Dush our hydrants, as higher levels come in"~ want 10 try anJ get rid or some or U,c sediment that is going
lo be stim:d up. So we have had that problem, plus we I.id tlic brw and he said our cn:ws r<ally di~ a
good job. Bill McCormick did an excellent job out there, he said. They had a mill.on and a half gallons
th.1tall ofa sudden evaporated ti ght behind the building Uicre and. head-,iscd, we tltink ii -clue to a
connection that had just been put on about fi\'C days earlier as we reroute some of the pipes . He opined il
will be a difficult spring, in the newspaper tl1erc was anoU,cr anicle about Jiat and we have seen some
letters. He said he just bas to say hold on. City Manager Scars noted th&l he ,.,,s out with the crews on that
day when they put ii back together again and ii was very exciting. He stated our w:iter system is going lo
be in great shape several months from now. It is a new system, tl1e building is about half up right now and
it is like treating water to the best dcJrcc possible, so tl,at the sediment docs not get into the lines. They ue
working away feverishly on i~ but with that size or a project it is just going to L1kc awltile . Unfonunately,
he advised. the complaint:: are probably going lo continue and 1>1c quality is not good rigl11 now. City
Manoger Scars stated we have just been hammered by a number or incidents, that he tltinks the quality will
improve by this swnmcr and he is excited when some or the filters stai1 corning on. by rnid~r, there
may be a small improvement. but by th<, end ortltis yeor we are really hoping 10 have tloc full improvement
Council Member Bradshaw asked if Ginny McKibb<n called Mayor Bums or Council Member Habenicht
Ms. Habenicht said she C211ed her. Ms. Bradsliaw said she called her and :uked wliat was going on. She
told her that to find out what is really ha~ng witl1 the water, how the water ,.;11 be improved. that she
Ea&k'l'ood City CCMlacU
AprilS,19'9
Pose II
needed IOIIICOIIC who w■1 on Ille Board when all lhooe lhin&S .,...,. :liscuaed. Council Me,ober Lradrb■w
said, u she -,i'I, IDC refened her IO Mayor llwm 111d Co;,,ICil Member Habenicht
Coancil Mescr Nabbolz ldvilcd lhat when Ille llllin broke one day last week lhat ,he hid I lldy tall t.er
al about I qu■l1er lO six In die monling. II -good 1h11 ii came ■aw nine r.ews, bul all of I suddcu ft
had 11>dobcrwbiU: laundry lhalday. Ms. Nabholz !bought ii -.Id be nice lo pul a genllc llllliaderill !be
Citizon lhal if you oollcc Ille WIier is muddy, wail 24 bows. She said she knows we give all mdl ol
n,mindtn, bul all of ■ sudden Ibey have lo do lbcir while laundry.
Mayor Bums DOied you have lO 111 s :to waler from lhc foucd, because if you jusl throw lhc lluad,y iD you
don't know what kind of quolily you are going 10 get until lhc laW1dry comes out
Council Member Nabhalz said she c.u, see ii in her IOilct or when she runs waler for a glass ol wa!cr. Sh,
can see bcB instantly.
Mayor Bums uked if lhc saliJDes •lllion problem wiU be considerably improved . Cily Manager Scan aid
absolutely. In addition lo Ille WU: 111d odor issues, Mayor Bums a.ked . Mr. Scars said yes, tbal Ibey all
kine.' of in•u-rdltc, but lhal is lhc pri11181)' function.
Ci1y Manager Scan explained lhal one of lhc other problems we mn inlo Uinl day was low flow, because
we just couldn'1p,1 lbe quanlily ofwateroul "'1lil lhc line was repaired. I mca,, he poinledout, we're
basically changing lbe valving on Layton SlrcCI al lhc same time we are doing all of lhc wo,lt lbcrc.
Ci1y Manager Scan raid lhat we sympatltizc wilh lhcm, as docs Council, and"~ will Ir)' and continue 10 do
some efforts wilh lhc Citizen 111d keep lhc word ou1 tbl:r.:.
(iii) Mayor Dums commen1ed lh:11 he saw Lauri Clapp U1is afternoon at a IIICCUlli ol
lhc Local Gov.-Commiucc. bul lhcy wm hard al work in U,cre, very business like, and be didn'
have a chance 10 actua!Jy lalk wilh her. Bui he found oul where she was and just dropped in for a UUlc biL
(b) Council Member's Choice
(i) Council Member Nabholz:
I. She said she -.Id like 10 aa:cpt wilb regi,t U,c lcucr from Barb Foul on U,c Code Enforccmcnt
Advisory Committee. She lhoughl she had 10 get a vote on lhal so lhat ii beco,ncs official. Mayor Bwns
said lhat be did not lbink he had actually seen Ibis lctlcr. Council Member Bradshaw said she lhoughl we
did iL
C".mcil Member Nabholz advised lhal ii came when we "~re in Washington and she , -:is informed at lbe
C.de Enforcement .-ing lhat ii was no1 official un~I Council voled on ii. Council Member Bradshaw
saidsbc lhougbl Council did lhaton lhc is•. Mayor Bums said Uial usually ii just comes up on lhcqeoda.
Ms. Nabholz qrocd, bul advised Council lhat it never has. So sl,c was asked lo please ask Council aboul
it.
Ci1y Manager Scaff said he knows lhcy got lhc lctlcr, lbal Code Eoforccmenl Advisory discussed ii and
thae was rome concern lhal night about whether or no& she '9'.1S going to just resign off the committee or
off of ii in total. If she has resigned in total, he advised, U,cn "~ can pul Uml lcncr b.ick on die nexl agenda.
Council agreed .
2. She said she had Cily Clerk Ellis pull minutes in regard 10 space designation for di, llistorical
Society in lbe Library . And, Ms. Nabholz noted, ii appears dial Council has not made ii clear, lhat the
lhoughl lhcy had after George Allen came and spukc. She staled ~,c has been iofonncd lhal lhcre is no •
•
Eapwood City COlllldl
Apri15, 1999
Pase 1'
designated space at !he Library and we have a total space or 3000 square feet for stoml", ., she ii uldng
that officially we designate 700 square feet for !he Englewood Historical Societ)'. Council Memb ,
Bradshaw said she thought Ibey did lhat. Mayor Bums said they did for the Chamber, but Ibey dldn, finish
i~ they didn\ authorize funds for finishes .
Mtyor Bums said he thought Ibey did this.
Council Member Habenicht said she thought they took a vote on it
: JW1cil Member Bradshaw said she thought it was an intcmal confen:ncc room or something.
But, Council Member Nabholz said, they a,c saying tl1ere is nothing on there that shows this 1111d that !he
architect is not aware or it
Mayor Bums commented that he can just sec the ""rd hi m rical. Council Member Bmdshaw noted that
the history part of the Library is dilfen:nt Okay, Mayor 1, '"'-" soid, :i1at is what he is thinking or.
Council Member Garn:11 suggested they just take a lo••. •: .h,t
Council Member Habenicht said that her n:colkcti on i>. s,at thct , is a little room called the Boan! room
and we thought that was not ncccssary to ha\'• as ti :e Baud room .wt thnt that was the ,"'1m they were
de.signaling for that pwposc. She stated she clearly n:111t.nbert that
Mayor Bums suggested they clarify this befon: they vote on it r ,uncil conCUJTcd.
Mayor Bums asked City Manager Scart to ask David Tryba to clarify that .
City Manager Sears said yes. He comrr.<nted that ii was his Wldcrstan.iing tl.it Council did say there is a
700 squa,c foot area in the Libm,y that sboold be for historical, but he cLid not know ifit was cluriog a work
session that Ibey did that or when. But, Mr. Sears advised, they will get a clarification from Dav. J Tryba
and come bock to Council on that
3. She advised that she has a n:ally nice 11:anl< you lclter, which she will malce sun: aU of Council
n:ccivcs a copy or, in n:ganls to the pun:hase or the Skcrri11 House .
4. She stated she had a call from a citizen regarding tl,e c:uncnt events on our City Web Pagt, press
releases pcrtaini,1g to the City. They had wanted to sec what the status was on Cinderella City and stuff
like that Ms. Nabholz ad\iscd thlit the last press n:lcasc was when we purchased tl1e !;othlc Theater over a
year ago.
5. She commented that the other night coming out by Curren t, it was dark and kind of nirung, and to
sec those glass bloclcs on our new City Hall , it almost looked likt an image of downtown Denver over a
slcyscapc scene. So, she noted, it is going to be impressive.
6 . She thanked Rick Kalun for how the new fonns look on the request !<> pun:lwc trucks, so sh,;
doesn't have to ask irthere is air conditioning. ~l was a lot easier for her to read
7. She said, as Council knows, she is all in favor of preserving anything historically. When: her
ooacem has been i that she believes in partnerships. She supports Arapahoe Acres. but she was really
concerned tonight to here our citizens come forward who say they were against it Ms . Nabholt advised, a,
she rccalled, that she went down in September to cocak on behalf of Arapahoe Acn:s and their hi•orical
designation, so she was co ncerned about bow this ,,.. approached, about how it was done. So, she said,
l■pewood City Coudl
Aprils, 1999
.... 20
1:1nno J ,, J ,a,•Jlr::1'i(
""I ,ti ·'l' e1 , ,1
lhc really ,.ncowqe11 the n:sidcnlS in Arapohoc Acres to partner v~lh the Histqrical Society and that we
work together on Ill oC the prcscrvatioo of our spccilll spolS in Enafcwood .
Mayor Bums collUnellled lhlt be is confused about that. Council Member Bradshaw adviscd lhat she
would be src■kJng ID the wbale thing.
Mayor Bums SWed tbal he supported Council Member Nabholz in asking them to partner and gee together
on these things.
(il) Council Member Bradshaw:
I. She prcsclllCd a lilt of Ill of the homeowners in Arapahoe Acres and a list of ail of the folks doing
the historical part She advised lhlt ,he also lives in Arapahoe Acres and she is a member of this
committee. but they meet un Tue\days. so she is oul for th.is semester.
Ms . Bradshaw DOICd that there a1• still some really hard feelings about what she calls Nazi tactics, a couple
of months ago by some members to get an organi1.ation and to revive the covenants . People erocted a fence
and it wasn't taken kindly, so this person was told to tear the fence down . Sh, said it started at the Board of
Adjustment and Appeals when they said this garage needs to be moved back six inches. It was just that
kind of stuff. she Slid. So she went to the Board of Adjustment and Appeals and said she was sony, Mrs.
Poole docs not speak for me . Council Member Bradshaw stated that she agrees with Mr. Kaitz that people
who have improved their houses ther<, have done it in good taste and they have not done anything to wn:ck
the integrity of the neighborhood.
Council Member Bradshaw said that City Manager Sears called her and told her tl411 Mrs . Poole arrived on
his doorstep on Monday the 29• and that was because their meeting was Tuesday tl1e 23~. Appa,a,tly
there were 12 people at thal meeting. Ms. Brndshow staled that tl,erc is no fonnal association, there nevor
has bccn . Al one time there were covenants, but tl1cy have not been enfo rced. So tlwl is where that g<15 all
confusing.
So, Ms . Bradshaw said, she called Lyle Miller al the Historical Society because sl,e was under the
impression that there might be some problems with Council endorsing somctl>ing for lhe Denver Historical
group through Arapahoe Acres and then our own . So she called Lyle Miller and Robert Sontag and they
said tl,erc is no limit ID the amount of dollars a municipality could gel, that tl,e grants arc on case by case
basis, that they arc each scored on their own merit. Thal tl1e City or area is not even considered wt.m they
arc looking at the granlS. ii is b.tsically on the merit of the gran~ so,,. would nol be in direct comfl'ti tion.
She DOICd in her conversation with Diane Wray, that she said that historically they have never give., ,way
all of the money they hav< on the State level. Co11J>ci1 Member Bradshaw advised tlwl what she did with
Mrs. Poole and Ms . Wray was she encouraged tl1em 10 work tl110ugh our Historical Society and not go lo
Historic Denver.
Mayor Bums asked if they could 1:0 through our Historical Society , just tl,e same as tl1cy go throug.~
Denver. Council Member Bradshaw odviscd that all tl1cy needed was a SOICJ, so she encouraged them to
work together.
Ms . Bradshaw Slalcd it is a small group of people \tho arc very , very proud of t.hc heritage of these houses
and they want 10 prcscrvo that inleg,ily, but ii is not the majority .
Mayor Bums asked what Council; .mbcr Bradshaw was recommending that Council do or not do. Ms.
Bradshaw advised she was recommending that Council encourage them to work wi1h our Historical Society
and she has no problem endorsing this grant applicotion 01 all.
Council Member Waggoner noted that the City can't enforce covcn.1n1s anyway . •
•
•
lnllewood City CCNlacll
April 5, 1999
, ... 21
Mayor Bums commented that he did DOI think covenants last bccnuse lhcy nre not enforced , they ■n,
contractual amt they arc pan or the agreement between all the people in lhe subdivi sion .
Bui, Ccuncll Member Bradshaw pointed 0111. !here has never been I homeowne~s association. Mayor
Bums said that is how lhcy get cnfon::cd is by having a homeowner', association. And lluough the court,
Council Member Waggoner said. Mayor Bums said yes. you can have zoning laws lhat address some or
lhc same issues, but lhc way it works is whichever one is lhc most restrictive cnn be enforccd . He IIOlcd
you can enton:c bolh ofthem, but if one is tongher lhan the other. If you enfon:c bolh , lhe toughest one
prevails. He sald this is like fences and other things like that. So, Mayor Burns advised. if covenanll me
not enforccd they just sit there and you arc left with just lhe city zoning laws .
So, Council Member Habenicht said. she is to understand lha1 lhen: arc no covenants in this area . Mayor
Burns sald no, that there arc covenants. Council Member Bradsh.,w agreed that tl,ere arc convents. but
they arc not enforced and there is no homeowners association .
Council Member Habenicht said then thi s grant docs not in any way address covenants . Council Member
Bradshaw advised that this grant is to come up witl1 design guidelines to help preserve tl1e Integrity or the
neighborhood . She said it would be matching funds for homco"11ers iftl1cy wanted 10 restore the ~
that was lhen: historically, that type of thing.
Council Member Waggoner commented tltal we as a City signed in support or 11,11 gmnl nppllcation . He
asked ifthal was right Because it is in our City. Council Member Bradshaw said .
City Manager Scars advised that what happened is that she came in and he was put in lhe position that ifhc
didn~ submit to sign lhat to submit it then ii was a moot point because ii wasn't going 10 be in there. He
said he did call Marl< Wolfe who is wilh lhe State Historicol Society, who will be making a decision on this
0 mn1 and he told him lhe stalUS of this . He advised lhal the Council would still l.i,•c 10 give !heir
endorsement for this as !hey did forlhis other grant tonight. C:ity Manager Sears ,aid that is why pan orhi,
signa= 10 proceed wilh that was that Ms. Poole come 10 the Council and ask for endorsement.
Council Member Waggoner said that as he undcmood it tl1cn: arc 40 names on tl1e petition. t. "111Cil
Member Bradshaw advised that there arc 50. Mr. Waggoner asked iftllC)' were against ii. Mt.. l.lradshaw
advised that lhcy wen: against forming an organization.
But not against the grant, Council Mcmb:-.r Waggoner asked. Council Member Brndslmw said no.
Council Member Habenicht sald she just w:,r11cd 10 clarify that notl1ing tlull they would be doing in
supporting that grant is contrary to what !hose cit ize ns"~"' concerned about , who spoke against• -'llevcr
ii was that !hey spoke against. Council Member Bradsh.,w said no. you an: fine .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO SIJl'PORT mE
ARAPAHOE ACRES GRANT APPLICATION .
Council Member Ganott asked if lhc grant is 10 have des ign guidelines, if tl1ey wi II somehow encumber
this historic district and if somebody wants lo remodel bu t .ncy don~ care about !he granting funds , will
this design siandard have any impac1 on thei r fulun: remodel. Council Member Bradshaw said no, it can't
She slated if lhcy arc interested in receiving m.11 ching grants, tl1cn tl1cy could submit tl .it lo lhe Arapohoc
Acres Historic Preservation network. that is lhe group .
Council Member Bradshaw explained that ii is for workshops on how 10 preserve 1he integrity . She noted
ll)ey all have wood fences and aller almost 50 years or wood fences there needs 10 be some stuff done .
lo&lewood City C'r-U
Apri15, 1999
Pasell
Counoil Member HalJcnlchl said lhc clnriOcalion i~ again, that lhc grnnt application and the COIICCl1l lboul
a ncigbborbood usociatlon and new rcstric:1ed covenants on what people can or cannot do for thcit pn,pcny
arc two completely dilrcrent iaucs and do DOI all\:ct each other. Council Mc-. Bradshaw said Ila Is
righ~ it bu nodtlas to do with the put. She commented that there is slill that pervasive fear 111111bc
AAHPN will tum illlo 1h11 type of o,pni7.lliQQ, a policing orpnizatioo. But these arc guldcllla ,Md
suggcstiou, if people arc goin& to add onto their bowc Ibey could call and get Cree help 6am tbc CGlorado
Historical Society and the architects that arc down there. Whicll she thinks is wondcrlW ... Cree bclp.
Council Member Nabbolz said she wanted one more clarificalion. She noted everybody Is lo die
compclitivc process with this 1J1U1 money and each grut is based on its merit and what Ibey arc rap,sling
and they arc looked at individually. C,w,ciJ Member Bradshaw said tlw is right. that \t 11 a compedtive
gr>nJ process. they arc considcml on all merits and there is $12 miUion this year in lhcpol, swewidc. She
sa'.d if ll wu coming CJom one organization the Colorado HislOrical Society would ttqUCII that the
organization prioritiu: ... this io, ,r fiRt grnn~ this is our second grant. But since it is coming CJom our
City, but one is from Historic Denver. that is a moct point. so we aren't in compc-tition .
Cooncil Member Grazulis asked if somebody would be denied any grant fflOIIC)' for improvclllCDI if it was
not consistent with the design of the 50's house or the 40's . Council Member Brndsbaw said pn,bably. Ms.
Grazulis said even thoogh it was tasteful . Ms. Bradsbaw noted that her house is in total violation, but sbc
didaHno" . hat
Council Member Bradshaw stated that sbc thinlts any group has the rigb1 10 apply for a grant.
Mayor Bums opined that they have 10 work it out between tl1cmsclvcs .
Cooncil Member Bradshaw commented 11W she has no idea how tllis is going to happen, that she has tried
to clear this up for Council.
Mayor Burns stated that be docs not mind supporting tlic grant. that he ;u. ;ed tl1cm to get together and
work out their differences.
Vote rnulU oa -io. to •pport Ille Arapalloe Acres grant ap plication :
Ayes :
Nays:
Abstain :
Motion carrit:d .
Council Mcmbc1s Nabholz, Garret~ Bradshaw, Habenicht.
Waggoner. Bums
None
Council Member Gran.!is
Council Member Bradshaw asked Council Member Grazulis why she absl1incd. Ms . Grawlis explained
lhat she is still forming an opinio1t
Council Member Habenicht asked that tl>at be clarified.
City Auomcy Brotzman advised Ms. Grazulis that she nccdcd to give an nnswcr as lo why she abstained.
He noted this is required by Council proccdun:.
Council Member Grazulis stated thal her questioJt her concern was not clear«! and she was DOI sure Ibey
wcr< r<prCSCnting ... like lhc people who would be denied if tl,cy have something tasteful. bu: it docsn\ go
with the 40's for SO's design. She saiJ she canoot say they cannot pul an addition on their house ifit
doesn "t comply.
•
•
•
•
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1 ......... City CCN&adl
Apr115,U9'
Pqell
1 ) Yt ) Loo,,.,,, 1 i
''("(IJ 'hqA
tt 't
Council Member Bracbhaw explalncd that it is pn:servation projects that they would receive matching
gnu,11 fiom.
Council Member Habenicht said, maybe to clarify for Ms. Grazulis. ii doesn't mean that they can't pul
addilioas oa !heir house, ii ,_ that they can, apply for Iha grant 10 match fw1do to pul the addition on
lbtir house.
Council Member Gnizulis roqllCSICd the opportunity 10 re-VOie.
COUNCil. MEMBER BRADSHAW MOVED, AND ITWAS SECONDED, TO RECONSmER.
Motion carried.
Ayes: Council Memben Nabholz, Gandl. Bradshaw, Habcnichl,
Waggoner. Grazulis, Barns
Nays : None
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONl>ED, HER ORIGINAL
MOTION TO SUPPORT THE ARAPAHOE ACRES GRANT APPLICATION.
Uolioo carried.
Ayes : Council Me n 'icn; Nabholz, Gam:1~ Bradshaw, Habcnich~
Waggoner, Grazulis, Bums
Nays: None
2. She told Cow,cil that she knoM lhcrc were some tough decisions tonigh~ and the Study Session
was paruadarty nerve wracking. She said she was glad we did nol take blood pressures at lhe end of that
one. Ms . Bmdsbaw said it is a pleasure to work wilh such an e1hical, honest Council.
(iii) Council Member Grazulis:
I. She said she attended lhe Frid.ly e\'ening dark egg hunt She nOlcd she would talk to Jerrell Black
later.
2. She oolllDICIIICd lhat Daewoo of Englewood opened up, wilh dic Englewood colors , she added.
She said she spoke with Payton Dunham and he is so excited to be here in Englewood and, even though
they cxpcCI to gn,w, he said they will always keep a satellite store here. They also "ish to participate in the
parade. providing can< for Council meh1bers. Thoy would like to meCI wilh Ar1 Scibelli or Bob Simpson
regarding the front . Some L • the vegetation, they want it to match cvel)'llling else dial is going in, she said ,
so she has canls, and has lall<Ld to lhe marketing supervisor and it is a good thing.
3. She said she wr,uld be out of town April 26~.
4 She let Council know, regarding lhc Saturd.ly meeting d1cy were going to liave as a Council. that
she received an invitation in the mail from State Representative Lauri Clapp. 1l1crc is a conflict there so
we will no1 be mcctins wilh her and U.S. Congressman Tom Tancredo discussing Colorado's irnponant
issues, she said, we will be discussing City issues . For odier t)C"?le out in die audience, it will be at the
Koelbel Library from 9:30 am. to 11 :00 a.m .• she ad\'iscd.
5. She said she 1ttcrtdcd the mock City Council meeting by Flood Middle School studcnLS and one
Sinclair Sludelll. She acknowledged that the ooc Sinclair student was licr daughter, but next year, Sinclair
will also be IIICndiDg. she said, adding lhat she has some new a>otaCIS for that . It was really refreshing to
get their ideas on the graffiti and some of the olhcr issues diat tbcy were interested in, she said.
Mayor Bums said Mrs. Berg advised lhcy were going to co,ne back with some actual proposals on gnfliti .
He said they did a great job and it was a lot of fun .
J:■alcwood Clly C'"'Ddl
AprllS,1999 , • .,:u
6. RcgardingDinx:torOlson's memo , Ms. Grazulis said when she spoke to the busincsa dlal wae
involved IO see bow things were going. they said tl1:y never conlaelcd tl1c police dcp.1rtmcnt rcpnling their
problems. She said she tried to tcD them they need to conlael the police every lime an lnc:ldelN lllppma 10
we know which areas "" need to polio! and watch over. One said he would and the OCher lllid pnibably
not. She said we !\Ced IO get an accwate reading or these incidents, such as hubcaps miaillg. can b,uten
into , planters kicked in, and things like that. They just don't think it is imponant enough. she aid, and site
is trying 10 convince them otherwise . We do have a lot or things thal happen like that Ilona our South
Broadway businesses, she advised. adding that she will get with Dilcctor Olson to discuu ii further.
7. She commented that Ray Tomasso, who is going to be doing our art project, is !aching his art or
paper this Satunlay al University Hills at Guiry's . She noted she would be aucnding that .
(iv) Council Member Habenicht:
I. She called attention 10 the comer or Navajo and Tufts. 11tcrc is a no truck sign. but. lbe way the
area curves right there, sometimes you get onto Tulis, but you haYCD'I seen the no truck sign. She asked if
another sign could be put in a little further up. Council Member Bradshaw said tltat up by that bridge
would be good .
2. She said she beard that Fl Lupton has a new noise ordinance. She ~,id e\'CI)' time she has tried to
bring it up. she has been told we don't have the equipment 10 monitor noise decibels and the like. Their
ordinance does not have a "'!uircment or decibels, it is just based on if you can bear it someplace else, or
by a ccnain diSlance, then it is too loud. She said it doesn't mailer ror her because she doesn't bear very
well, but ror some people who do hear well, some or these noise issues.,. very imponant. She rccalled the
incident where there WilS actually a murder based on arguments over inappropriate or too loud noise . If it is
not being enforced, she opined. then those kinds or things can emerge . ~ite said she would like to see us
look into that again and sec what they arc doing in their ordinance so that we can do it here.
3. She commented that the mock Council meeting was phenomenally good and she is really
impressed with those young people. She said she under>tands they are also going 10 be bringing to us,
some or their ideas ror a skateboanl ordinance . 11icy had a lot to say abuut th.it and it was very interesting
and they were very thoughtful .
Cooncil Member Bradshaw recalled that she had commented that. ifwe don't provide an area for the
sk.iteboanlers, tl1ey will be using the new development.
Mayor Burns said a number of them asked why they can't skate down tlte sidewalk or tl1c commercial area
Or, Council Member Nabholz said. down the handrails .
Council Member Habenicht commented that she didn~ want to steal their tl111ndcr. She advised she though,
they were going ~o come to us with some good ideas .
Ms . Bradshaw said we 1 .... -ed 10 keep it on the front burner, lhat we need 10 pro\'idc a better place like we
have at Cushing Part. that we need to provide more.
Mnyor Bums said we need general places for kids to hang out. He said peop!e he has talked to at National
League or Cities, who have advisory councils. say d1ose arc really very helprui because the kids really learn
what it takes to have a place for them. how much it costs. and it really in\'csts them in the comn,unity,
which is r,ally a very valuable thing to do.
Council Member Bradsha1> rell we need to have a youth Lisk force. Council Member Nabholz agreed. •
•
lapewood Clly Council
April!, 1999
P1se2S
Council Meml>or W111<>ncr ....Ucd Iha!. in Ille Lona Range Palk Plan. !here is a ibldJoanllng park II
Ccllltllllial Part . Ml. Habenicht said that i.s awflllly hard for some of the kids IO get lo. Mr. Wauqaer aid
we nocd that propcny thal Ml arc about 10 pwdmc 10 a,:t lO il II provides a road back h, lhcrc lbal Ibey
wen: aoina 10 build. The capilll projecu plan includca I huge skat<board facility, he said. Then, Ml.
Bradshaw said, maybe we need 10 include some of thCJC kids from this mock mcc1ing on a ~uk forte.
Mayor Burns said most, . the cities call them youth advisory councils. He feels ii is a l,Jt of fun 10 work
with the kids on lhcsc things and they have been very helpful. We have spent so much time nn ~c
development in the past few )'C8l1. he acknowlc.➔~ed. tliat ii would be grcal if \\'C coul.l do somethi.ig like
tliat with the kids.
Responding lo Council Member Waggoner, Director Black said the "'31eboant park is ,till 011 lhc plan.
adding that they arc also fo1·ming a youth advisory council . Mayor Bums and Council Members Bradshaw
and Nabholz commented that !hat was IJ'COI .
Council Member Nabholz recalled that. when the) •·erc in Wa~ling1on D.C .. lhcy spoke with Clarcncc
Anlhooy. and she lold hi1o1 sometimes we have trouble gelling tl1e dollars togelhcr 10 ~.:t the kids involved.
She said $be was so impressed at the last two conferences how lhc NLC youth delegolion has grown Mr.
Anthony said lo drop him a nole and he would sec what they could do for funding , and he recommended
tliat ... send 1ml youth members to Washington. to 1'1.C. she advised . 11,csc young people come back and
instill that energy back into the community , and \\'C lia•,'C quite a few very good youlh members on our
boards and commissioos, she said.
Mayor Bums said that is uue . He said he sort of stumbled into this lunch for the youth dclcgalion when he
was there and was talking wilh a young man from Tucson who wns working with kids and also a mayor
from Texas. who has bCIII him some ma1erial on tlli• They were very enthusiastic about their youth
councils, he said. and how much input the kids get in tlac communily doing tliat He said he tlliiw it i.s a
grcal idc.'t
Cuuncil Member Habenicht said shc would like lo sec us. perhaps, open applicalions lo youth IO attend for
the City of Englewood as our youth dcleptc.< IO tl1e National Leag11< of Cities. She felt two would 'le a
nice number aud !hat we 5"ould open it to tliosc students who have scrv•,d on one of our ooards an<I
commissions, so that there is some indica1io11 that they have had Sllme s-voag commilment in the past.
Council Member Bradshaw asked who would supervise Uacm. Mayor e, ,ns s:aid tlac cities he talked IO bod
a staff member who came with them and was rcally actively participatir ,.
A resolution declarin8 Englewood City Council's opposition to the Concealed Weapons Act. which is
currcntly bein8 coauidcrcd by lilC LcgislallU'C of the S~1lc of Colorado , was considercd. Mayor Bums said
he ,.,nt to Ille South Meuo Chuber legislalivc breakfast a couple of weeks ago and spoke out against this.
Then: were several legislators lhcrc who ,. .. .., for i~ he said. but a lot of people ,:oi,,c up to him aftcrwanl
and said they wen: rcally very concerned . The supcrintendcnl or schools in Dout"" County wa> lhcrc and
said the last thing he wanted in his schools was guns for him or 'ti s staff or anyone . One of the
reprcscntati,'CS from Englewood. Joe Stengel, from District 38. said tl1c reason tl1c bill came from lhc
House to the Senate. with ai-oo restrictions on it at all, was because there was u lot of in-fighting in we
House over what the bill should be about and what the amendmcms could be, and tlaerc wen: even
personality conllicu between them. Mayor Bums said they rcfcrrcd what tlicy rail a "clean bill" 10 the
Senate, which meant there wcrc no restrio1ioos on it hardly at all . T11crc was one, he allow<d. on the school
buil<!ings. They dumped it. i11 essence, into the Senate for tlacm 10 lal<e care or. One of the reasons. he
said, was because the Senate had a prior bill that had restrictions in i~ and it had not 11!-Vivcd Ille House, so,
since Ille Senate worked on it before, !hey jlSI tlarcw it b.1ck 10 01cm . Now the bill is going throu8)1 the
E•&l<woo4 City Couocll
April5,1!19'1
P1ael6
Senale and ii doCln'I haYC any more .-ictlons on ii lhan Ibo one doal came oul oflbe HOIISC, be 111d. tbol
he can see. He fell 1h11 was really of gme concern lo Ibo municipalities . The od,er big pm! of 11u, which
was spoken •boul so much !od.,y, is aboul local decision making. i'hey an: just laking II away from lacal
communities and Iha! is a grave coneem It •. he said.
The resolution was assigned a number and read by tiUe :
RESOLUTION 1'10 . 47, SERIES Of 1999
A RESOLUTION DECLARING ENGLEWOOD cm COUNCIL'S OPPOSmON TO THE
CONCEALED WEAPONS ACT, WHICH IS CURRENTLY BEING CONSIDERED BY THE
LEGISLATURE OP THE ~TATE Of COLORADO .
MAYOR BURNS MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 47,
SERIES OF 1999,
Council 1,!ember W•BBoncr said he really does nol haYC a feeling on oow die pee pie of Englewood feel
aboul this . He fell ii was an individual choice and was not ,re, as a Council person, whelher he could lllkc
a position on il
Council Member Habenlchl fell ii was important 10 lake a position on it in 1erms of U1e local conttol Issue
Ifwe an: going 10 CYCO considerconttolling how a ,.Jrc can sell painl for graffiti , lhen we haYC Ibo
ruponsibiLily of how people behave l>ilhin our communities and when: U1cy can ca:ry and not carry
firearms, she said. She opined Iha! ii is a local conlml issue and YCI)' much a municipal issue .
Mayor Bums said whelher we decide as a Council 10 have guns or 001 , or 10 allow lhem he,e or thert, is a •
decision we can make at another tirTk:. But what the legislature is sa)ing is •you don't make the decision.
we make it for you .•
Mr. Waggoner said you can make the decision by posting lli ~uilding saying no guns . Mayor Bums aid no,
Iha! is wh,,t 1h11 legislation is all about Mr. Waggo:, < asl<ed when dial cl,'lngcd, because, even after Ibo
legislation started, they were ssying all you had 10 do MS posl lhe building and you could conlJOI wl,. ls
in Iha! building ... cour1S and everything. Cily Anomey Brotzman said no, right now )"" couldn,.
Mayor Bums said he heard a discussion on lhe radio 1od.ay lhnl any judge could ssy he will :Xll allow a gnu
in his courtroom . Cily Attorney Brotzman said he did no1 lhink lhnt was corrccl. only a federal courthouse
would he protected, because lhorc is a specific provisi on for federal laws and regula1ion s. Under Ibo clean
bill , he said, if ii says you can have ii, you c.,.n have ii. and lhe j udge cannol prohibil lhal.
Mayor Bums stated Iha! we haYC me1al detectors in the All'pahoc courts because a police officer shot his
wife 's divorce llwycr in the back in the courtroom K\-cral years ago with a service rc\·olvcr. One of the
questions lod.ay was if only criminals si-peopl e, he said, bul people have moments or passion . Even a
law cnforccmcnl officer can commit a cnme like that right at the counbousc . May or Bums said he,~-ve ry
concerned if a judge cannot rcstri1..1 his own courtroom .
Vote rr:ailts:
Ayes : Council M, ;n bcrs Gam:!1, Bradshaw, Haben icht Waggoner, Gnu:ulis .
Bums
Nays : Council Member Nabhol z
Mol ion carried .
Council Member Nabholz said she woold like to explain her oo vote, allol>ing dial dtls ;sher own p:nonal •
opinion. She said she was raised in a YCI)' gun ruponsible fami !y and grew up huntinr. She said she has
•
t:n&lewood City C001ncll
April 5, lffl
P1r,el7
been watching !his ve:y closely because she has a concern lhat Ibey could be lalu'n onlO thc a:bool grounds,
or into our cowU and loto our Council Chambcn. She said this is bcr pcnonal decision and alto becaUIC
she has had numerous phone calls, not from lhc radical risJ,t ar the loose left. It 11 an lsaue we oeed lO
watch, she said, but USCl1ed that she can not vole for n ve,y loose resolution tbal -,Jd al10 like away bcr
right. She feels~ is I lot yet IO be ...,n, Ml. Nabholz commented that she pcrsooally, lfsbe"""' IO
apply for a concealed weapons pcrmi~ there is a lot thal goes ilto that . She stated she Just coulda't go
there.
13 . City Man1r,er'1 Report
(a) City Manage-Scars said we are "orking with Sheridan on Oxford and we are in the river
right now and wc are doing a lot of the water lines, but that road may be closed down periodically for the
next couple of months.
lb) City Manager Scars advised tliat wc are setting up at least two tent talks for some time
this summ er and more information will be fonhcoming on that.
(c) City Manager Scars said he feels that the staff has worked tltr0ugh many of the issues
with Miller/Weingarten in 1cnns of agreement. He said wc ba\'C worked very hard. along with the direction
or Council and he said he is excited about tl,c next couple or "'Cdts. because we may ' • able to get !his
project moving to where it needs lo be .
Council Member Bradshaw tha nked Mr. Scars for all his efforts .
14 City Attomey'1 Report
City Attorney Brotzman did not have any matters IO bnng before Council .
15. Adjoqr,a..,..t
URl".S MOVED TO ADJOURN . 11,c meeting :idjoumc:d at 9:29 p.m.