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HomeMy WebLinkAbout1999-11-01 (Regular) Meeting Minutes• . INGLIWOOD crrYCOUNm. INGLIWOOD, AILU'ABO& COUNTY, COLORADO I. CalltoO.-· Tbc repi. mee1iq ol Ille &,lcwood Ci ty Council Ml called to onlcr 117:31 p.m. by ;Aayor B111111. 2. ........,. Tbc iavocllioa -pven by Council Member Nobbolz. 3. Pie,! • ., Alqlucc Tbc Pledge ol AIJegiance -led by Mayor Bums. 4. Roll Call Prmnt Council Members Nabbolz, Gruulis. Gan.u, Bnidshaw lllbcnicllt. Wqgmer. Bums Ablcul : None A Q\-.orulll WU praeot. Alsopram: City Manager Scan City Attonlcy Bllllzmlll Dq,uty City Clerk Callle Director Foadl, Utililics Dir,,:;tor Jt..., l'llblic Worb Senior Planner Grabam, Ncipborhood and Buslnea Development Director Eaton, ff-Raourca (a) COUNCIL MIMBH WAGGONIK MOVID, AND IT WAS SECONDED, TO APPROVI THI IIDNUTES or Till REGULAJI MEJTIJl!G or OCl'OHR JI, 1999. Ayes: Council Members Gomrt, Bradshaw, Habcnich~ Waggoner, Gnzu1iJ, Bums Nays: None Abolain: Council Member Nabbolz The motion carried. 6. Scbt4alec! Viliton a) Linda Kotowski , Praidm altbe AmcricanParlc and Rcaoalion Socicly oftbe Nalional Recrea1ioD and Parle Associalioa, lddreacd Council~ the Nalioaal Fitnm City Award 1h11 wu r=Uy bestowed upon tbe Englewood Dcpanmeul a(Parta and Recraolion. Ml. Kotowski ,aid it was her plcaluro to ~ tbe AmcricaD Parle and Roc:realion Socicly and to .....__. CouociJ and the Eap:wood l'lrb and RccnllioD llllr 011 the inaodibly ~ and IIIUllg commi-to wollncss llllpwoad City Qiuacil Nowlllber 1, 1999 PIF2 iD Ibo cmunuaity. She advitcd that she oawd oa Ibo IOlecdoa commiacc. 11111 llld Ibo pleun of clobia Eqlewood'1 ■ppllcalioa, u ... u u nay alllen. Having beoa a l'lrb llldb:realioa ~ employee b• Ibo City o(Eqlewood ID Ibo mid IMllllel, when 11oY Bndlllaw-Ibo -11 ~. me 111d alie -w:,y pad to• lhll l!qlewood bll malmailled 11111P11W1111'1 ~to~ 111d ...U.1:11, DOI oaly for ill cilizelll. bul for ill employee■, u ,0 U. She 111d k-ber plaul to~ 10 Gary HullberJ, l!qlewood ~ 8cm<n Mmqcr, Ibo l oDell City AWlld, whicll ii la C. F- (or l!qlcwood'1 populalioa category. Tbi1 i1 the N11iom1 Recradon 111d l'lrlc AaJcillloa'1 1991 Awanl in Cul Four, she lllid. Mr. Hullberg thulked Ms. KOIDMld for n,.,,......iln& the IWl1d. lie explalaod dull Duec1or Blade md r=vod thil award in Nuhville It tbe NRA Coopll about rKl weeks &ID, Tbil ii a very big deal for Eqlewood 1111d it ii wry much appn,ci&IOd, be lllid. Tee lhl,u"'"' banded out to the Com:11 membcn, Ille City Mua&erlllld lhe City Attomcy. Mt. lialtber&inll'.m:al thesllll'duit rally madelbele lJIOllaD over tbe yan, Including Recrlllioa Cenll:r S.,.ilorBob 1-,s, Joe Sick, who aupem■o1 the Fii-!WellnOII Prnpam out of !be Malley eau.r, Bml Anderam. wbo ,_ Ibo &WIid WUIIIUII aqua IIIIICII program II Ibo Recn,adoa C-, 111d S-Trimmerwilh the ff,._ ltaoun:a ~ Mt. HullherJ added that a big~ oflhe City'• ..,..Uc.ali<Ja,... Ms. Trimmer'• tarillc ...U- JKOIPIIII lhal Ille City of Englewood employm Cl!joy. Mr. HullherJ aid dim 1IOuld be a ftmction II tbe Rccrcatioa Center rcxt Tueldly for all the Reaa1ioa 11111; wellness 11111' 111d imlruclcn, where Ibey will receive tee shir1s and pizza 111d will be able to enjoy tbe IIWlld &IJo. (b) Mari; Goltfoerg WIS DOI ........ to discuss the slltus oflhe Wal-Matt agn,emeol Mayor Bums said some or the mau.:rs were diSCliSSCd in Study Session tonight (c) John Loss, of Miller Weingar1en Devdopmen~,... DOI presm to diSCUII the Cil)'Cenlcr Englewood project. 7. N....,lledaled Villton (a) Carol Van 1..cw, 5877 Eal\ Fair Place, said she -.Id like to address Council Bill No. 56 n,pnliDg Group Living Facilitiel. She r.ld ,be bu a timGy momber livin& iD a lrellmeal ficility iD the City o(Ena)ewood, and -.Id be affectod by thil "'1linance if it ill appn,vcd. She aid tbe l'ollowin&....., -me 1IOuld UJJC Council DOI to"""°"" thi, bill in its pn,senl form. Tho pcposal, IO dedan: a Group Uvin& Facility to be a public nuisance if a RSident ill ooavicled of IDOle lhlll one milllemeonor or fdoay, ~uaimimlcs againll the raidaU o(lhese ficilitiea, she opined. Thero ill no such penalty applied to residenll oC otJ,cr multiple dwellings in lhe .,.._ TI,e roquiraneut is too reslrictive, she aid One mildemeanor would be IUftlcieat ID C1U10 Ibo ficility to lunl I ....ia. GUI. Ibey 'WOUid DOI din, risk I IIOCOOd one. Wbere would Ibey IClld Ibis p,noa, she 11Sked, to the IIRelS or to jail? !J this where this community thinks menially ill penons beloog? This 1,roposal ill -1Y unliir to eximl!g group ficililies. Thero ill no oppottunily for them to havt a rouomblc time 10 come into conformity with the rcquiRmenls of the ordinance, she uscrtal. '!be prupoul ill unclear about a number af thiDas, sbe aid. 1ben, ill no clear clusifiCllion oC a IRalnl<DI ficility with mon, than eigbl RSidents; tbe Zl1IIUII chart on -7 needs clarilicalion so the Pffl"IIS wbo an: DOI familiar with ZDning terminology CID undcnland ii; and the roquin,mcnl that no Group Living Facility can be wilhia 1,250 feel of another needs inlaprdllioa. Wbll if then, an: two facilities, she med, but Ibey an: .U 1111 inll:gnl part of one p,ognm? '!be minimum oll'-1lrecl ~ raiulrcmcnis arc way loo restrictive for IOIDC homes, wilb one space for each Ihm: rosideols. ID an adoleoccnt bon,e they don 'I evco havt ems, and IIIOII men blly ill adullS are lucky if Ibey even bMo bus fare, let alone money for a car. Ms. Van l..cw wg<d Councu to postpone VOiing oo this Wllil the bill ill clarified. She also urged Council IO .-with the ownen of lhe aft'ecu:d facilily and consider some of their COIICffllS befo,e any action ill taken OD the bill. (b) Louis Bruno, Medical and Exocutivc Dinctor of Community Care, said be apprecjall:d the oppo<lllnity 10 addras this illuc •ith City Council . Community Can: is I ttoat.-pn,£11111 lhal bas • • l!n&)owood City Council No.m,bcrl,1999 l'lp3 boon ill cxi11coc:e hen, in Eaglcwood for..,., twenty yean, be IWCCI. It is a nationally rcnowncd pms!'!IIII that tre111 r1COple with ICrious lllCIUI ru-in the community. We have bad a lot or succca, be ldYilld, ir. -1<inl with the ).!Wig people, hdpu11 them learn bow to Uve ill the community and be sua:eul'ul. Ill that cai-;ity, we bdp pcoplc p, to IChool, a,et)obl. leam buic living sltiUs and learn bow to live in the community . We uc lJccmcd u a IDClllal bcalth c,nt,r by the Stile or Color>do, he llid, and we.,. alao Ucellled as a r:aidealial -CClll<r. Th: pn,pms 11)' to work very compatibly with the oeipbon, be said, and gcocrally very sua:cssfully. P:ut or what we lry to ttacbouryoung people is lo be &ood citlzcu and learn bow to be succellll'ul living wilh the community. Some of the issues that an, addressed in this ordinance. he said, oouJd alfoct the rights or our patients to live in lhe community and we are vciy concerned about that 1'111 oCwbal Community Can, is all about is being an advocalc for mentally ill people for many yean, he said, and, in 1h11 capacity, we have worked ,-eiy closely with a local group, which is made up oC the parents of the ment'11y ill. When you look at the population that we are sttuggling with here, and if anyone bas naisod an adolescen~ Ibey know God has to be on their side . It is a very difficult task, especially if you add memal illness on lop or that The parents that we work with need our help to bclp thesc kids make it in the world, he said. (c) Gail Silberliorn. 540 Fox H,.nt Circle, Linleton, said she has a family member in the Community Can, group home. Ms. Silberl>om said she was representing the families who have loved ones in Community Care . Many of these hlndicapp:d people cannot speak for lhemselves. Community Can, is a group home where our lowd ones receive the additional Sbuc:lure, care, medical supervisioo and -that allows them to learn to f\Jnction and cope approp,ialely In society, she said. Our llunilles ar.: memben or a minority that need your undenlanding and compassion. Discrimination of people with menial , emotional and physical disabilities is the same as discrimination due to race, sexual prdeionce or religious beliefs. This has been addr<Sllod by Supreme Court decisions that made discrimination illepl. To discriminate again.st people with documented disabilities violates their civil rights, she said. MOIi uf our families uc middle class. We care for our families as you care for your families. We have one ttJng you don 'I havo-memben with profound mental or emotional disabilities and lhe !lcvnstating dl'ec:t,; on our families . Di,posing and documenting emotional, menial disabilities is a long excruciating process. Our family memben an, not anli-fOcial. Our children's problems an, not lhe pn,duct of poverty, iuner-dty rage or gang mentality, but tbe result oC genetic and physiological diseases that can be tn:ated ancl ill 90me cases controlled either by chugs or counseling, she advised. Rohabililation for our loved ones m.ans allowing them lhe time and space to d<Yeiop the ability to can, for themselves . I'm ROI !ailing about a drug and alcohol rehab cent,r or housing for early parolees. Our family members at Community Cate group home are each diagnosed and fully documented with mental or emotional diseases. Many of you h<,,-e tonight, she said, have neodod to arrange for the can: of somenne in your family . Is sedcing out th: vciy best residcnlial facility for a parent with Alzheimer's, Parlcinson's or a stroke abdicating yoM res;,onsibility to care for lhem younelf, she asltod. No, it is no more or less than what we are doing by y,ekin ~ out lhe lJ1linod pn,fessionals and safe environment where our loved ones can learn to be pn,ductive, ,esponsible, participating memben of society. Since parents are not experts in all an:as, we send our cbild1<11 oft' to schools staffed by professionals. This we do to provide the best possible fulUre for tho,~ we love. To a,ntinue the oducalion of our special needs famil y members Community Care provides th, unique combinations rx professional stalf for medical care, lherapy and a caring environment f°""d nowhere else in lhe !.lat<. No one complains if a senior cent<r is put in bis or her neighborhood. Tho seuion (your pan:1111, grandporenb and mine) come together for ,ocia(izalion, human a,ntact with othcn of like intorcsts and needs . They have empathy for each Olbcr's problems, encourage and support each utbcr and in that way continue to grow as human beings. Our family membe11 a,me together, Wider the guidance of trained professional, for the same reasons. Often ostraciud by non-handicapped pee", Ibey empalhi7.C, encourage, support and grow together, and just as importantly, they celebrate the victories. Tbetc are no perfect situations, she allov,·ed, but in lhe good, better and best that is cumnOy offer-eel, group homes for lhe mentally emolionally handicapped is the best. There are oo ahcmati\-es that .:vcn fit in the "good" category for our loved ones . Th,:y will never learn to work and compete in society in <late institutions, roaming hallways and sitting in isolation . Have any of you collctted statistics on crimes by thofie living in poop homes, venua .._ on the 511\-ct, she ukcd. lf Community Care did ROI exist, some of our loYCd l!a&JewooclCityCGunc:il November I, 1999 Plge4 011C1 would be OD the sncu, UIIClffll for and possibly v'.ctiJu<ithe IIUO criminals that exist in-lDCiely. Tbil ordinlDcc will not lddraa the iaue oC wberc the pro'.....,,. are oripnaling. It is the crudell ldad oC projlldlc:c ID say that it happened in oae type or g,wp l;o.no, thcrefon, all raidcntial facilitia are axtdanncd. Look ID the placa wberc your c:oaccms have uum. Don't~ apimt the bandlcappod, thad>y violating the laws of our llnd. Look II our wnilies and lowd ones u Individuals. Nol III mere llllistics. but u fllbtr;, IIIOlhas, .,.., daugblen, brothers and sislas suft'crillg the (llaliJaad cffocll of the worst kind oC disability. She lhanlced Council for !heir time. and said she bopcd they would consider carefully the imp,ct of t.bcir dtcisions on the lives of these special people. (d) Susan Behm, 7716 Gokl Dust Peak, l,ittJCIDo, said she is the mod>crof a child who iu n:sidcnt at Community Carc. Sbe said ii is her bclid, and the belief of all of the surrounding communiu,s, that the two young killers of the students at Columbine High School could have been helped if someone in the community bad rocogniud that they were troubkd, alone in their fighl with depression and sbUIIIIOII by Ille!! ;,=s. Asa community, we bavean obligation ID oury011lh, she said, as well as ID all of the members of our community who arc in -1, to provide aq,pon and services lhat will Cll3blc them to become COD1n'llutingmcmbcn in our society . She said she livcs in southwest Littleton, and there arc a lot oftecns in that area who arc undclirlblc. They walk the IIRCl.', 11 aighl, unsupervised. We bave bad our bome broken into, she said, and these kids gel into I WI of n'OUl>lc, they play loud music:, lhcy destroy property, and they cause a lot of fear in all areas of the city as • wbol<. We arc not allowed to say who c:an live in our subdivisions, she said, asserting 1h11 it is unfair that people and childrco in group homes arc not allowed to be then: eitbcr. She said her daupier wll'ers from sever: dcprossioo, and bas been unable to be kepi safe at home. She was plaad at Communi ty Care afta having been in some lockdoMl facilities out of the city, and, since she has been lhcrc. she has made treDIClldous progress . She has a home lo come home to when she is ,. .. 11. and we hope Iha! "i ll haprffl real SOOD, she said. Ms. Behm said a lot of the kids at Co n nunity Carc have very supportive famili,.s, and there also arc a lot of kids there that do not. Commwiity Care provides a suucturc fo r lhc-,c kids. They arc ,upcrviscd twenty-four hows a day, they lcam to tive in the collllDlllity, and to shWl them and say lhat they c:an not live there is turning your bod:s oa our youth. She asked if they 1'-ould ralh,r bavc the kids running the llr<lelS WllUpcfviscd and IIIUlallm, or in a facility 1h31 c:an teach, guide and bdp them ID learn what it takes to be a part of our community. A few 1110nlhs ago, she continued, there wc,'C scvcnil n:sidcnt.s al Community Care who were IIOublc-l!llbrs. ,\11/;r the neighbors complained about s,.~'Cl21 incidents 1h11 occuncd, Community Care 's clinical director, K.•ny Goklco, took the noccssa,y step< to try and mcct the needs of the surrounding community. He bas unp.."fflClllcd new rules for the residents, and continues to be open lo suggestions and recommendations the acighbor. h:l>C. The kids have 'lccJI very responsive lo the desires of the acighbors and have made lrcmcDdous gains towards bcir,~ more supportive of their needs and more respectful 10 them in the community . Community Care is not a grr,up home , it is a residential treatmcnl facility for healthy, mcnlllly Wlllablc chilcb<n, jast W«: other medical facilities in the area arc helping other ill people. Many therapeutic programs take place llerc, she said. Individual group and multi-family therapy sessions occur many times per week. with psydlialri sts and social worters. An on-site school teaches students in a [!l'OUP scaing, u well as individual ttaching for SIUdcnts who do not function well in a classroom . Physical activity groups D1CCI wcckly ?Jld trips to other athletic facilities occur as well . A registered muse is on-<itc to monilOr the medications and to offer medical assisunao when a child is ill. The children learn to cook. clCID, shop, do their own laundry and run a household, she said . They learn to get aloog with otbcn, to negotiate, malce compromises and build relationships. They learn ways of keeping themselves and others safe, and learn to lruSl adults. as well as their peers. 1'1: <laJf also equips them with the skills t-1cd to apply for employment Some arc already working "-scessfwl, in the community and some arc even lllcllding college . Thi s would not have happened if not for this program. she asscncd. Many have graduated liom this program and arc going on to universities outside of the city . A lot oflhc childrco ha-.'C been reunited with their families. and a few have not been so lucky and arc now back in other facilities . To remove these kids and this facility from the area is taking away their home. It also sends a acgative message to the community that we arc not supportive of the needs of our youth. We arc trying to place blame of a kid gone astray on somcont else. but ~ is you. me, the neighbors and the community whc! nood to mpport theDL Tbcsc arc not bod kids, nor do I belie\'C that they arc dangerous. she said. Tbcsc are kids l!llaJewood City Caw,ciJ No.embcrl,1999 ,.,., who do no1 lit lbc mold of lbc IWldald American kid, for...._..,.-, abuse, ncpct or IIICIIIII 111-. PlcalC don't bllD your blc:k"" lbc9c youlb and lbc people who have commia.d lbcir lil'c'a work to bdp lbcm. Work with lbcm 111d bdp to &how lbcm 1h11 you can alRJOll lbcm, she urged, but that Ibey have to, in tum, abo rapoct and lake can, o(thcir community. You CID make lbcm IC00Wlllble but you cu 1101 band pick who your neigbbon an, going to be. Pleuo allow Community Can: to continue their"°"' wilb lbc kid& in lhiJ facility, The kid& work, llllelld college, and pllticipale in aHlllllunity programa, and,.., 11 Community Care, have admowledgal our shortcomings, and have worked extremely bani to make lbc changes noccssary ID be allowed to stay in this neighborhood, she said. To belp these kids is to...., not only lheir lives, but lbc lives of others. Don 'I let more lrq<dy strike, roach out and care, and make a dill'ercnce in a kid's life, she said. (e) Joa!J Keller, 3444 Soulb M.vion Street, aid be ia a former resident of Community Can: and is now a graduate. Community Care baa bclpcd me make positive changes, be said, and become an bonesl, rcspomible member of society. BcfOR Community Care, I WIS overcome by my mental illncss, but after Community Care, I have mainllined my own aportmenl and kq,t a job for over a yar and a half. BcfOR Community Can:, I wu llnancially dependent on lbc ruenlal healtb syst=, be said, DOW I am a,mplctdy sdl'..upporting. Bcfon, Community Care, I wu aaaillivc and full of rage, be said, and after Community Care, I gained mils to a>ntrol my behmor. BcfOR Community Care, olbcrs conlnllled my life, now I make decision& by myself. Before Community Can:, I wu in numerous placements in lockup, and uow, thole things an, way behind me. The road lo wbere I am now WIS long and dillicul~ he said. Community Can: Bl"' me the time and chanca ID make noa:saary changes. This is a simple version of bow I feel, be concluded, and Community Care is a wonderful program and has helped me immcnsdy. (I) Sandra Dohm, 4360 South Akron Street, advised lhal she is lbc mother of a boy who graduated from Community Can: this last August The group homes in a City liu Englewood arc a vitally impollanl part ol'lhc life oflbc City, and should not be excluded from residential neighborhood&. She said her sm lived at Community Care on South Corona fo1 over a yar, and that ended in Aue-.ist. He benefited llotllCDdously from lhc program lbcrc, which addsosses P5>'Chiatric ,-ts, as well as behavioral Meds. He had both behavioral and psychiatric problems. The caring, knowledge, expcrima: and dedi<alion ol lbc Slall' make lbal program wort . The small-scale rcsideDlial setting in a real ncighl,omood makes ii posao'blc for lbcm to "°"' lbcir program. Community Care is a home away from home, DOI an institution, she asscr1ed, and that is a very imponant distinctioo. II is a place where they can learn skills that will bdp lbcm to Iii into I IIUC neighborhood setting, wberovcr they live. II is impoasible to achieve lhc feeling of I home, she said, away from a rcsidclllial ocigbbotbood, and lbc allcrnam~ is an institwon, which is usually cold and impersonal. Community Care is a valuable resouroc for lbc Englewood community. II houses children whole families live in U:c soulb Denver mmopolilan area, including Englewood. Families can visit rogularly and maintain contact with lbc cbild. If you ban a place like Community Care from a residential ncighbothood, you arc making ii very difficult for them 1D fiod Olber places lo be that would allow lbcm to be integrated into lhc c.,mmunity, she said. II also helps lbc Englewood economy with its ~bases and f>3r-11, she added. Lastly, Community Care is about lbc future of our at-risk youth, she said. Tbcsc yoong people oced our help 10 become rcspoosible and productr.'O ciliuns. If we do DOI afford them that belp, su.·:. as Community Care offers, we risk losing lbcm at a much higher price to society. Being able to live in a .,.; d,bomood setting is an imponant part of that help. She said she hopes Council will consider being ,uppo;ti"" ID lhc Community Care program . (g) David Fine, 2042 Fairfax Slrtct, Dcin-.r, advised Iha! he is an attorney and WIS asked ID cm a look at lhc proposed zoning ordinance. He said he wanlcd lo spcalt simply about lhc legal issues, not any particular factual issues . He s•id he has identified a number of legal concerns with lhc pn,posed ordinance, one of which concerns lhc Fair Hoosing Act. lie said he believes this ordinaor.e woold not pass muster Wider lhc Fair Housing Act, nor lhc Slate Slalute which deals with lhc licensing ol oomes such as lbc Community Care home . The Slate Slalute aulhori= lbc location of homes such as this in ncighbo,_ without lhc types of condition& that an, placed on ii by lhiJ ordinance . Mr. Fine fell !hat IOIIIC of lbc inlaoal inconaist,ncics in Ibis ordinance, u drafted, would undermine abcmpts by lbc City 10 • l!qJewaodCit/Couacil NcMmberl,19911 Pqo6 julllly it by pointlna to catlin COIICCIIII 1h11 it lll<lllpll to lddrea. lie aid be woold be hll'P)' to ,pea wilh IIIClllbcn oCtbe Council, or to the City Allorucy, about thia ,pociftcally. lie said be -.cl to _for the n:conl tbe caicpics oC concems 1h11 be-. lie aid be bas ldvilOII homes such u Ibis, 111d lllo municipalities. oa tbe Fairllousln1 Act.., be i..hldquilc a bit ol'cxpericnco looking at tbu queadon. (h) Jon Gall'ney, 14406 East Tufts Place, Aurora, said be woold like to ,peak on behalfoC Community Caro. lie said blJ soa is cumatly Wider IRallll<III II the Community Care l'acility on Soulh Corona. MmtaJ illncss DOI oaly affecu the paticntJ tbemlclv<S, be said, but k affecu tbe whole f.amily. Community Caro trcaU the family u • whole, lie said DOI only bu it bdpod hiJ SOD medically and poycbologically, but it bas Ibo bdpod him 111d bis wife to deal wilh an adolcsceut wilh mental lllnea. For manY of the bis tbere, Collllllllllity Caro is the only colllJlllllllty Ibey know, be said. The people tbere work fiom the bean. Mr. Gall'ney said his son bas been in and oot of treatment facilities for a few yoan. and tbu is the lint tn,atment facility be bas been in thal bu n:ally looked at him as a penon . It ha:l bclpod blJ .,. 111d the family, be said, and bu tauaht blJ IOII and tbe other residetlll to lrult other people, to live safely in the alllllllllllity, and to build rdatiombipl. DOI only wilhin tbemselvea, but also wilh the staff and wilh .,.,. poople in the COIIUIIUDity. Tbll is a vay lmportn issue for a,me oCtbooe roside,U, be said. The staff is a vay special group of people, and we wauld like for Community ear. to be able to CODtiaue hl'Jping families and helping other lads. Mr. Gaffney asked Council to please look at these kids as adolesccals and u future bdpfill memben ol' oociety. (i) Bill Fuchs, 3539 Soulh Corona Smet, lives immediately adjacent to Community Care. He said be bu beard all tbe success stories, and be applauds their dl'oru and is glad that lhings work. He said be woold like 10 ask these folks if Ibey woold like IO have twenty adolescenlJ that are in care living next doar. lie said that is what be goes through day in and day OOL He allowal that things have gollell betlcr and be said again 1h11 be applauds !heir successes, a., then: is a nm! for places like Ibis. He said he feds Ibey nm! 10 be brnktn down into smaller unilJ. Some of the original documcnlJ stale Iha! tbere is going to be one counselor per uniL He said be does not see that or evidence of that, particularly at night. Mr. Fudui said he feels ii is too cooa,Dlllllcd a facility for tbe type of environment lllOWld tbere. It is R-2 raidenlial, be said, and there is a duplex to the south ofhiu Wbcn he mowd in, Ibis place was high end rental units. There were nol even ;my childn:n tbere and ii was a real quiet neighborhood. It bas gotten about ninety portent heller than ii was, be allowed, but be hates to have to be a policeman for his own neighborhood, and he is afraid ii is going lo slip. We have gone both ways wbcrc ii has gotten worse and better. Again, be said be applauds tbeir efforts, but ii .-Is 10 be broken down into smaller units, and be is sony if it is not as economically viable for the owner IO do ii 1h11 way, buL he feels, that is tbe way ii .-Is to be approached in Englewood. That is mon, of a due diligence process for the n,sidcnlJ of Englewood. (J) Tony Cr=h, 1259 York Slffi:I, Denver, said she is the Program Dittctor al tbe adult facility at 3034 Soulh Sh<nnan Sllm. Sbe said she bas a few sbon lellcn that will say mon: clearly about what ii is like living and "~rking with lhcsc clients. She said she has worked wilh tbem for four years in Ibis position. A very ,man man once said that we can judge ourselves as a society by how we treat oor mcnwly ill, she said. She said these few sbon lctlcn wen, wrillcn by the clicnlJ over al the adult facility 1h11 Ill)' lhillCI much beau lhao she feds she could. "To Englewood City Council . I am a forty-four year old client of Community Care. A year and a half qo, I was tbe pastor of a six hundred member chun:h in Florida. I sulfcrcd what coold well be called a brwdown and CDdcd up in a hospital psychiatric unit I spent two and a half monlhs going in and out of tbe hospilal, spiraling down , and at1cmpling suicide. Al that point. my insurance: a,mpany approved six weeks of inpatient hospital ttcalmCnL Tnc question then became what ncxL Everywhen, the pallcm WU tbe same, lwo or thrc,c weeks of inpatient lmltmcnl followed by outpatient. I had already demonstrated that model did DOI work for me, so lhcn: I was, loo well lo be in tbe hospital, but DOI loo sick 10 be on my own . Community Can: provided for me a unique place, allowing me 10 be in residential ttcalmCrd for six monlhs, followed by mon, than seven month• of outpatient ca,c, Because of lhc Conurwniry Caro group home, I have been able 10 get stable on psychological medicatioos and to grodually n,~nlcr lbe workforce. I am convinced that without Ibis option, I """1d either be dead by my own band, or perhaps wan:bouscd at the state hospital . I seriously • l!qlcwoOd City COW1Ci1 November I, 1999 Page7 doubl that I would be II lhis polll In my Ullj)nMIDClll I undcnland that lh<rc are compllinU about police diambancc calls ID group bomel. Will yoa plan .... ID evict &om the city 11.miU families wllae de-.: Yioloace call, bmo boon aado, and will you be duowin& out wnillcl wllh......,... whole bellavlar IClldl ID phone call,, If a few police call, are pl'IIYidlnc yonr llliamle fi>r dlmlnlling group bomel, tbea pie.. be fair and spmd the blame "'°""" lhe lanl. I would urge you ID co.-the good thal a group~ such II Community Care does, and uk you ID ll0C lake away tbcoe beallng centm ol care.• Ms. Crcccb wo read "Whal Community Care bas done for me. Prior ID mering Community Care, I wu In and oal cl poychialric bospilals for four or five years. I wu willing ID 11y Community r .... In about Jammy ol 1996. I was infD lldf-abusive behavior, In pinicular CUUing. Commmity Care did ~!.at bospilals wen, 110( able ID ~Ip me find out why I was c,Jtting and find IIIOIC apprlJllrille ways of expressing my feelinp. I have hid my ups and do"11S, and the Community Care swr bas been lh<rc when I needed them. I am cum:ndy living In an apartmefll yet I know tbal Community Care ii lh<rc if I ncod them. I attend a few groups a week and I am startlng a job 1h11 will utilize my lawyering skills. I also act II a client advocalc for bolb lhe adult and adolescent Com.munity Care popams. I am also lhe president and secretary for the Community Care advuory board. Community Care saved me from what could have been a vc,y long Slay in lhe SUillo HOlpilal . • Ms. Creech aid her last ooc is dillicull ID read but is , . .,,,, endearing ID her. "It bas taken me almost five yean ID get wbcro I am now. If ii wasn't for Community Care. I would still be a wrock. 'Ibis program bas tauglll me bow ID live indcpcndcndy, and I am now working. A law like lhe one Iha! is In lhc air would totally devastate my trealmcDI, so please be considerate. Thank yoo for Y'"" time.• Ms. Crcccb pa-1 001 copies of the letters to the COWICi1 mcmben. (k) Ca!ey Stockwell, 3919 Sooth Washington Street, said he would like to address some of the points that wcr, 1W>ic. One lady did ll0C like the misdemeanor clause because lhcY would have ID close or lhrow 001 a pc.~on because of one offense, he r=lled. Whal the wording in L'tis docs is actually protcclS the building. because if yoo have one unhappy set of r<Sidents living next to a group home, and lhcY make a IClicaoflilly or ahundRdcalls, you can 110Cjudge wbcthcrthe group borne is in the way al the residential area by logging that. So that is ll0C a good way to judge i~ so one good way ID judge it ii by bow many actual, physical ticltcu are actllalJy given ID the resideDIS of a home, he explained. Thal would be the same II any r<Sidcncc. This gives some teclb ID the police and taus ii out of the lhcoretical and p,u it inlD the practical, leaving ii up ID the written laws and for lhe police to eofon:c, rllbcr lhan just having some disgrunlled people calling in and complaining about neighbor, lhll lhcY do not like. Iflhis one pcnon did have a series of tickclS, the legal system woold be lalting can: of them any,wy, and the group borne would not have ID throw them ool As to the statcmcnt that there is no clear classification for over eight people in a uni~ that is not 1rUC, be said. II is very wcU spelled oul A 1,250 foot clarification, two facilities for one group home, that is the whole point it speaks ID density, it docs not disallow a facility from having more than one uni~ but ii docs oot allow them ID be tDo concentrated in one area, that is the whole idea of ordinances. As for the porting. ID say that the kids do not drive docs not address the fact 1h11 the staff member, do drive. In certain r<Sidential an:as, there just is not the physical space for the whole stafT, plus aU the people who visit What ncods to be addrosscd is the fact that there m , for the 1,250 group home dis1ancc clarification, there is something in place for exceptions and r<vicw. As • cilizcn, be said. I ...Uy support the good work that this group docs, and lh<rc is room in our com.munity for this kind of wonderful work . I applaud the fact 1h11 wc are considering adding another group home for bomdcaa people in Englewood, but wc have to realize that you do not have the ability ID handle that kind of density in certain areas. This, he said, is set up just to addlCSS density and it is not set up ID keep it out of Englewood, but ID p,i it In the appropriate r<Sidential areas. They could still be in r<Sidcntial areas, and stiU be in the com.munity as usduJ member, of society, but lhcY coold do i~ for instance, in an area when: 1h11 many people m aUowed ID live in one group building. like when: apartment buildings m allowed. Thal is probably where lhcY m going to mo.c. anyway,,. lien they graduate, be said. They m not going ID move into a single family house all by themselves . Mr. StDcl<wcll recalled the comments of the lady who asked if you woold throw 001 families who have bad kids. In a single family dwelling, you have II lcost one to one kid ID adult supervision. Y cs, those kids woold get tickets, and the kids coold be sent off. Thal happens to r<Sidents. too. He said he just wants to support this group and also remind them ~ lh<rc l!qJowood City Couacil NoYOmlJcr I, 1999 Pt,el 11e appoprille places ror group homes 1111d 1h11 lhc Ciay ii not trying 1o lhrow them ou~ but simply lo help them fit illlo lhc Ciay. (I) Paul Schmil7. Prop1111 Director for lhc Commually Care Raldcnlial ~ ea., said lhil ii lhc lhinl lime be bu appeand bcfo,e City Council, over lbc lasl sMn wcda, be said. '1111a ii since Scplcmbcr ·• wbell I group or Whal lppOIIS lo be IWO lo nine co°""mcd citiZCIII, spoke lo lhc Qly Council, wilb lialc warnin11o UL lie said be contirues lo be very conc:emcd about dcvel.-la a cily lbal we have bad a clooc relaliooship with. Mr. Schmitz said he wu speaking as a citizen 1111d II a cmploycc or COID!Dunily Care. He ubd Council lo DOCe lhc events or Friday lasl ....... in Cincimati, where a public IChool wu sh,. down 1111d IUllllaOWI kids were pulled aside . They prably llllre:cd l'rom lhc same iaue lbal our kids do, and lbal your kids in your open co1D1Dwlily do also, especially ll.'e type lbal were involwd in lhc Columbine situalion. Mr. Schmitz said be feels stJOngly that this society ii in a - or plllDOia around adolcscellU and youth. lie said be feels we frequenUy fail ID ,cc those who ,,e older, who are ..-imes in suits, lhalare a danger lo lhc greater society. Yoo have a very careful r-lo c:ouider here, be said. lie said be has beard in all lhc teslimony Council bas considered lo dau, lhal lhc Federal Fair Housing Act bu been considcRd. He Slid be ciled in ooe or his testimooiOI roccndy lbal • Supreme Court decision. Olmstead vs. Ga,rgia, should be c:ardully considcRd. Thal will have """" impact 011 lhil situation, be saic'. Ir oor society contirues lo _,, .. cx111Clvcs as lo lll'PCf clasa, middle class, lower class, people lhal are m<nlally ill, people or color, then we will have lo set up prison camp1, which appears lo be the dim:lion we are heading in. Mr. Schmitz said be worlccd • number or time., wilb local lilalC IODIUJn on a number ol resear<h projects, including ScllllOr Dorothy Rupert out or l!<,,Jlder. She wrocc a report to the State Legislature on lhc groMh factor in lhc State of Colorado. Scve: ~undrcd and sa'Cllt)'-seven pcn:cnl in si., years in prison beds, and lbal includes juvenile pnpulalioo, ,,. laid. We worlc cloocly wilb lhc Division of Y oulb Corrections as coDSUltants on thei.: internal pnlJU" .. DS. They are cwrcnUy reporting thirty lo scvcnly pcn:cnl of their i>Opulation is mentally ill. Hr. Sr.iunitz said he feels there are some very serious decisions ID be made t.cn:. We are ttadily available 10 you and lo be consulwn ID you, be offered, and WC have said this lo lhc Englewood police dcpartmcnt. I have also said lhil lo Mr. Sears and odlC< officials ol the Cily. We -.Id l'!llhcr worlt with you cooperatively, that ii our preference, be said. We are oo diffc."CIII than anyone sining on the Council. None of the family members that are here have iSWCl lhal are any di!Tcrcnt !ban many families in this COIDIDWUly. In cJOling, be said ljlllnlximaldy five weeks ago, the FE.I publisbcda report out oClbc Officcof!uvenilc llllticc and Prolcctioo. He suggested that Council ""'!uirc that report. The most dangerous ado!csccn1 pcnon in the Uniled SlaleS. c:wru,tly, is a white, middle class i.'l UJ1!1Cf middle class ID!Uc , In oo way do Ibey speak lo the identified m<ntally ill pupulation, but clearly, _,;u, the copcrlisc lhal sits wilh my team, be said, with Dr. Bruoo and olhcrswbo have worltcd wilh us for two dccailc,, you probably have many of these kids sleeping in your commwlily cwrcnUy . We have had a good relalionship worlting with the impact team here, and we look forward lo further cooperative dl'orts with the Ciay. 8. Commuoicatlou, Proclamalioos and Appointmeau (a) A resolulion appointing Kcrxlra Grazulis as a Youth Member of the Parks and Rtcreatioo Commission was considered. RESOLtmON NO. 96, SERIES OF 1999 A RESOLtmON APPO!NTING KENDRA GRAZULIS AS A YOU'lll MEMBER OF 11lE PARKS AND RECREATION COMMJSSION FOR 11lE CITY OF ENGLEWOOD , COLORADO . COUNCIL MEMBER NABBvLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (a)-RESOLUTION NO. 96, SERIES OF 1999. Ayes : Cooncil Members Nabholz, Gam:tt, Bra.:!'ihaw, Hahcnich~ Waggoner, Grazulis, Bums Nays : None • • ......,.,..Cilyeo-11 NMdoerl,1999 ,., TIie modan Cllriod. Mayor Bumi thuk.od ML Onzu1iJ for hor ,.;w,,,._ 10....,. ..i llid we are hlw>' ID -•· ,. hbllc Jlearlaa No Publlc Hearin& wu scheduled beforo Ccuncil. 10. c-, ... (1) AppnMI of Ordinances 011 Finl Reading COUNCIL MIMHR WAGGONER llMOVJ:D AGJ:NDA rl'UI II (1) (II) J'IIOM TIii: CONSICNT AGJ:NDA. COUNCIL MIMIU allADSIIAW MOVED, AND rr WAS SJ:CONDJ:D, TO APPROVE CONSENT AGJ:NDA ITDIS 10 (I) (I) AND (Ill). (i) COUNCil. BllL NO. 65, INIRODUCED BY COUNCil. MEMBl!R BRADSHAW A BllL FOR AN ORDINANCE APPROVING SUPl'LEMENT NO. 145 TO 11IE SOU111GA 11! SANITATION DISilUCT CONNECTOR'S AG.11.EEMENI' FOR 11IE IN<l.USION OF LAND Wl'IHIN 11IE DISTRICT BOUNDARIES . (ili) COUNCIL BllL NO. 67, INIRODUCED BY COUNCIL MEMBl!R BRADSHAW A BllL FOR AN ORDfl'IA:<CE OF lllE CITY OF ENGLEWOOD, COLORADO AIJl'HORIZING AND APPROVING 111E LEASE -PURCHASE OF COMPlTl'ER AIDED DISPATCH AND RECORDS MANAGEMENT SYS'reMS EQUIPMENT FOR n!J CITY. Vole.-lb: Ayes : Nays : The molica carried. Council Mcmbcn Nal,holz, Gama, Bradshaw, Habenicht, Waggoo,r, Grazulis, &ms None (il) A RCOIIIIDClldalioo from the Utilities Dq,ortmmt lo adopt I bill for ID ordinance appovillg an amendment ID OlCny Hills Vdlage Waler Service for Vllring Drive was considcrod. Council Member Waggoo,r told Dim:1Dr Fonda lhal ii bas been quite a few yean lincc there --IOIIIO problems with Little Dry Creek where mud and debris 111d llulf came down Littlc Dry Creek. Mr. Wagoner aid wc may still have that problem. But the ddJris oomcs down lhrougJ, O><rry Hills Vdlage 111d acaunulates under all of the brid,cs 111d croainp along Little Dry Creek. He lli<ed, if WC pasa lhiJ ordinance, if Mr. Food& ~ that wc could g<t some attmion from OlCny Hills Villag,e in order 1D clean up Little Dry Creek ao that we do DOI have that bappening again. Mr. Fonda aid be did DOI know, the two an, DOI ooDJICCICd. Mr. Wagon,, aid be undentandt that they are DOI CODDCCl<d, but ho is IJ}'ing ID get lbcir ancntion. Mr. Fonda said "" could certainly ask. but lhiJ bas bccn UDdcr nqotialioo for quite some time, 111d be 1001 no reuon DOI ID IP ahead with lhiJ 111d then Ilk than about the Olher. Mr. Waggoner mid be would Iii"'" with that, just so we ask them, because we need some assisllDCC in getting some of the troes 111d stulf along Little Dry Creek cleaned u:, so they do DOI eod up down in Englewood. He said be ranemlJers some of the oommcnts 1h11 wero made by some of the OlCny Hills rrsidcnU at the time . They aid they did DOI can, wllot happaled ID Englewood, 11 it is down -· •. lllp-.4 City Cauncil N-Mmbc, I, 1999 l'l,elO COUNCU. MIMBIR WAGGONER MOVJ:D, AND rr WAS SECONDED, TO APPIIO\T CONSENT AGENDA ITJ:M It (a) (II) ON l'IRST llADING. DiroctDt Fonda addal that""' cowd also lie 1hil i1llo some clilcuaiom on their request for the City of Eaglcwood IO take OYOr mammance of their..,..,. l)'llem. Ayes : Nays : Cauncil Manbcrs Nabholz, Gama, Bndsbaw, Habenidll, Waggnnir, GrazuliJ, Burns None The motion carried. (b) Approval of Ordinances on Scconcl R.eading COUNCU. MEMBER WAGGONER N OVEii, AND IT WAS SECONDED, TO APPROVJ: CONSENT AGENDA ITEMS 10 {II) (I), 01) AND Oil) ON SECOND UADING. (i) ORDINA'ICE NO. 56, SERIES OF 1999 (COIJNCil. BllL N0.62, INTRODUCED BY COUNCil. MEMBER WAGGONER) AN ORDIN ANCE APPROVING AN nm!RGOVERNMENI' AL AGREl!Ml!Nl' BP'l'WEl!N THE CITY OF ENGLEWOOD, COLOI\ADO AND 1llE !lNGLEWOOD SOIOOL DISTRICT, l'ERTAINJNG TO 1llE COOPl!RA TIVE BEAIJl1FICA TION PROJECT ON 1llE NOR111 PLAYGROUND AREA ALONG sourn BROADWAY ON 1llE FLOOD MIDDLE SOIOOL PROPERTY. (ti) ORDINANCE NO. 57, SERIES OF 1999 (COUNCil. BllL NO. 63, :!"ITRODUCED BY COUNCil. MEMBER IIABENICHI) AN ORDINANCE AMENDING 1llE CITY OF ENGLEWOOD COMPREHENSIVE PLAN TO SUPPORT THE REGIONAL URBAN GROW111 BOUNDARY DESCRIBED IN THE MEnlO VISION 2020PLAN . (iii) ORDINANCE NO. 55, SERffi!' 0i' 1999 (COUNCil. Bll.L NO. 64, INTRODUCED BY COUNCll , MEMBER WAGGONER) AN ORDINANCE AU1110RJZlNG 11IE VACATION OF A PORTION OF AN EASEMENT AND 11IE ACCEPTANCE OF NEW UTILITY EASEMENTS LOCATED ATCITYCENTER ENGLEWOOD. Voleraults: Ayes : Nays : The motioo carried. Council Members Nabholz, Garntt. Bradshaw, Habcnichl, Waggoner, Grazulis, Burns None (c) Resolutions and Motions COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (c) (I). (i) A COlffRACT Wl11I GLACIER CONSTRUCTION COMPANY FOR CONSTRUCTION SERVICES FOR TIIE TRICKLE FILTER CHEMICAL Bun.DING REMODEL ;N THE AMOUNT OF $32,969.00 . • • • l!qlc,oood City Council NoYcmbcrl,1999 Page II Vacc,-111: Ayes: Nays : The motiOI\ carried. I I. Rqular A ... da CounciJ Mcmben Nabbolz, Gama, Blldshaw, Habenicht, Wauoncr, Gnzulls. Bums Nooe (a) AppnMI or OrdiDances on Fint Reading (i) Dittdor Roa t)RSCDtma ra:ommaidalion from the~ of I-,,Nic '-'orb to adopt a bill for an onlinance appnwiag an ~ Apment with the Colc,i,d., Dcpanment orTrwponalioo for COIISIIIIClion oCBroadway widening and medians. Mr. Roa advilcd that the City's transporlltion improvement pn,gna, r<qUCSt to widen and impnm Broadway b,(w,:cn fligbny m and Yale Avenue was approval in the 1997 PIF. City CounciJ apptJ\'Cd the 1n1aJOYC111111C Ag,cement with CDOT to pllliciplll: in the desigo oftheoe i,,..-ovements in 1998, be said Now, design Is nearing completion and we need to ammd the agroemeDl to include consttuction. To qualify for federal funds, a twenty perteDt maldl is rapiiRd, and COOT 111=1 to partner with us on the n:quittd matth in rCIUm for the City ofEnglewood accepling Bn,adway ,outh ofHigbny 28S to Belleview, and maldllg that pan rr our City street sys10m. If City Council approves this !GA, be expl JiI1Cd, we will proceed to advertise and bid this project, and then,.. will be a,ming l4Ck to Council in January to awanl this project to the low bidder. Consttuction could begin in Fd>ruary, iJe said Construction or these improvcmentJ an: cxpc,;t.-d to take about nine mooths. Council Me,nber Habcnicbl asked how these improvements would all'c:ct the speed at which vehicles travel on Broadway through Englewood. Mr. Ross said this could ~y have a more calming affect, because theoe improve.._.,,!. an: trying to impnm the livability of this street. We an: going to have landscapin& a landscaped banlscapc median, which will be a raised median in the middle of Broadway. Hopefully, that will cause people to aim down and ta&e a loolt at the landscaping as they an, dri,nng iJ,rough, inslcld or just racing into Demer. Ms. Habenicht asked if it would pRCludc us at some time , if it should become important to the citil.cns, from lowering the speed timil Mr. Roa said we could ccnainly do that Cooncil Member Nabholz said aomc of the businesses would dclinitcly be impacted. csp.,::ially from Floyd tr ·, ale. One or then-, B and B C.OOCO, is spccilir.ally conccmcd with the median. and being able to get their transport trucks in, and wbcdicr they an: going to be able to negotiate the turns. She said sbo would recommend having some di5cussioa with the owner, as be has invested a lot inlo tha1 property . Mr. Ros.! said that is the first be bad bean! or the transport truck iss,,c, Ms . Nabholz said ,be, too, bad just bean! or it and she bad not n:ally looked into bow that would impact those trucks going in and out ar there. Mr. Ross said the Public Woru and Neighborhood and Businw Development stall's have been working ,.;th the bl•sincsscs •II along that corridor. It is a big concern to be getting these kinds of commcntJ at this late Slagc, be said Obviously, WC -to take these plans to the OCX1 step in getting it buil~ and"~ can't do that if you keep modifyioi; and changing these designs at this stage, be said. We will make one last cffon, spcalt with the owner, and find out wt,at his concerns are as far as where those trucks come in and what needs to be done. Mr. Ross rcitcntai that a lot of staff time has been invested in trying to meet with these people and get their concurrence. Ms . Nabbolz said she appr,cialcs that . Mayor Bums said we have bad complimcntJ from EDDA, the Chamber or Commerce and the businesses about the sensitivity of the staff and bow muc~ contact there has ~• with the businesses along these routes. You really have gone 001 of the ..-.y to uy to communicate with these businesses, he stated . He • Bap:wood City Council November I, 1999 Pa,-12 aid be would 1iu to uk a lilwlar queslioa abautjust the CXlllllnlClioa pbac I~ and wllat ldad of lllllDcl that may have OD the busiDesscs, or just tho DIO\'elDOlllolvebiclcs. Mr. Rua said, obviously, we an: going to write into tbolO spoclllcaliou 1h11 Ibey DNd to be able to do dlelr wo,k, but mp 111111c IIIOYiJlg along this conidor. Tho idea is to lllrt the COllllruclloa II Hi,in,.y 215, 111d tbeo proa,od to the 11011h to Flnyd. Tho Idea bore ii to 11y to pt 1h11 done lo the lint six .-.._ WIIII 1r:, would like to see happen, ii to gel the dowDIOwn panio8 0llllllllcted IO it ii done II the -dmo dial u,t,t mil opcm . QIJ\iously then, ii gc,ing to be a lot ofl1111 ua11ic: 111d CIOIIIIOCIDr tnllic aaaclated wldl the llgbl mil grand Ol)'-'lll"I, be said, and that ii where .... want the COlllnctor to CXIOCCll1ralc. Mtaawlile, to the 11011h of Floyd, tboR ii mme undergrounding that needs to occur. Public Service Compaay will be undcrpoundiog tho wlitiel lo tboR, ., we will have to give the coatnctor a place to work to tbe _.,, 111d tbeo u SOOD .. Public Service Company YICalel that area, Ibey will lllOYC to the an:a oorth oll'loyd, be advised. The Dq,uly City Clerk road tho COWICil bill by lillc : COUNCil. BILL NO . 68, n-rrROOUCEO BY COUNCIL MEMBER HABENIOIT A BILL FOR AN ORDINANCE AtmlORIZING lllE "CONl"RACT AMENDMENr #I" TO nm INl1!RGOVERNMENTALAGREEMENl'BETWEEN1l!ECITYOFENGLEWOOD,COLORADO AND lllE STATE OF COLORADO FOR lllE USE AND BENEFIT OF TIii! DEPARTMENl'OF TRANSPORTATION (CXYI) FOR nm CONSTRUCTION AND FUNDING OP nm PROJECT TO WIDEN AND CREATE MEDIANS ON BROADWAY BETWEEN U.S. 215 ANDYALI! AVENUE IN 1llE CITY OF ENGLEWOOD . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (I)-COUNCll. BILL NO. A. Ayes : Council Members NalJholz, Gama, Bradshaw, Ha:Jcnichl, Wqgoaor, Gnzulis, Bums Nays : Nooe The motion carried. (ii) Senior Pia.oner Graham pmclllCd I r=mmcndalioo from tbe Deporaocol ol Neighborhood and Buswa DcvdopDICDI to adopt a bill for Ill onlioancc IIIIP""i•B Ill~ AgRCIDCIII with tbe Regional Traosportalioo Dillricl rcpnliog CIMJtllUDenlll UICl$IDClll at the Gcncnl lroo Worlcl propcny . He aid the item before Couocil was the hdapernmcmal Apocmcol 11111 Ibo lll1fs of RTD and tho City of Englewood had ocgalialcd to c:oodact CDYirnamcolll uasmcolJ at tbe Gcncnl Iron Worlcl propcny, which would cover bodl Ibo poCallial of a maiotr:aance facility ofRTD 111d o1bcr de\·clopmcn1 poccolials, including residcoti&l. Tho agrceme,;I. be said, aho cootcmplalcs that the City will be using funds from tho EPA gnm, from tbe Brownfield paat. lo tho IIIIOUlllofSI00,000.00 to pay forou: part of the aacssmcot Tho agrccmcol also amicipll<s !bat tborc will be llllure agreemeuts if the rault, oi tho ISICSIIIICnl suggest thal n:sidcolial dc\'elopmcot for iostaoa:, would be po5Siblc OD this site. Thi.I ls th,:. item thal rdalcs to tho lct1cr from Cal Mandia, be said. that was dislnlJurcd II the Sludy Scaioo. Boll, the City staff and the RID staff would urge your suppol1 for this agrccmcn1, be cooclodod. Mayor Bums said be was plr.ascd to r=ive thiJ lca...-bcClusc paragnpb flv<, uodcr coodiliom, wu a lillle opco-cndod, to II)' the ICIII. Mr. Gnham agn,od. ~ l,yor Bwm said be bad iolcndod to call that to aoeryoae'1 IIICDlion tonight. but siJOke wilh City M....,... Scan-ii thilafternoon, and this letter docs clarify that for us, be .aid. The Deputy City Clerk road the council bill by lillc : • l!qle,,vocl Cit)' Council NoYcmber I, 1999 Pip 13 COUNCIL BILL NO. u9, INTRODUCED BY COUNCIL MEMlll!R BRADSHAW A BILL FOR AN ORDINANCE APPROVING AN INil!RGOVERNMENl'AL AGRl!l!MENT BETWEEN 1111! CITY Of ENGLEWOOD, COLORADO AND nm REGIONAL TRANSPORTATION DISTRICT, REGARDING ENVIRONMENTAL ASSESSMl!NT. COUNCU. MEMBER BRADSHAW MOVED, AND IT WAS SECONDtD, TO APPROVE AGENDA ITEM 11 (a) (11)-COUNCIL BILL NO. '9, Ayes : Council Mcmben Nabholz, Gana!. Bradshaw, Habenicht. Waggoner, Grazulis, Bwns Nays : Nooe The motion carried. (b) Approval or OrdiJlanccs OD Second Reading (i) A bill amending ICICti0111 of the Englewood Municipal Code pertaining 10 Group Living Facilities and Privau: Oll'-slrCCt Pamng Slandarda wu considered . COUNCU. MEMBER BRADSHAW MOVED, A,"iD IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) Q) ON SECOND READING. Council Member Waggoner sWod that we had a Public Hearing on this two weeks ago, and it is too bad lhcse pcoplc did DOI show up at that lime to make their ccllllllCIIII known. In view or that, and aomo nf the COIDlXDII that WOte made, be said be would r.lO\'C that WO pollpODO this aJWICil bill IJlllil our allOl'lley CID get together wilh the attomey !hat expresood a collCffll about some of the Fair Housing Act coacerm. COUNCU. MEMBER WAGGONER MOVED TO POSTPONE UNTIL THAT CAN HAPPEN. 1ben: wu no IICCOnd to the motion. Council Member Habenichl said tbere is a motion already on !he floor. Council Member Bradshaw said she would DOI withdraw it Mayor Bwns said there is a motion on !he floor which is DOI withdrawn. He suggested that ,.,. have more comment at this time . He said be feels ii is unfonunate Iha! several people who spoke tonight seemed to charactaue tlial Council is nol caring about these young people and ... indeed wanting lo have group homes n:movcd from !he community. As Casey Stockwell, a member ol lhc Planning Commission. said in his reowb, that is DOI what we are about at all, !le ,,aid We are simply trying 10 CODIIOI tbeae flcilitlea in such a way that !hey benefit !he community, b'Jt a!so are aa:cpcable to the rosidenls. Mayor Bwns said, fiankly, clwaclerizing the residents all'ectcd by this as being panaoid is banlly appropriate. 'Ibey have been dileclly impacltd by lhcse facilities next to wh.,. lhcy live, be said. The community II lalgo applauds the successes ef !he group lw>mes and we an, DOI against that II all, be said, and we .,.. DOI atttmpling to put group homes out oflhc commwuty . We arejUSI hying to have roasoaable controls over !hem, be said, so that !hey can Ii.., in harmony wilh !he neighborhood and vice vcna. Mayor Bwm asselUld Iha! some or !he characte,izaliom that woie made of !he Council tonight and some of the cilium wen, really DOI approprialc. C'.ouncil Memller Bradshaw said she feels that Englewood bas done mtn lhan its share of helping our me111.•lly ill populatioo for 0\-er twenty yean , but enough is enough. She said she ia rospona,'ble to her collllitueuts in Englewood. and bas r=ivcd numeroua compWIIII aiace sbe goc on Council two yean ago abl;u 1 the opcnlion nflhcse homes . This is an issue of density, sbeuacrtcd. Too many In ooe spot. not diacrunimlion. • ea,Jcwood City Council NcMmbcr I, 1999 Pap 14 Mayor Burm llllid, •.,•providing housing for low 111d modcnlc income pooplc, be cbailed the Eqlewood 1!ou1iJ11 Allhority for twenty-five yan and bu dcdicalal a lot oCtime in bis Ille lo boaliag poop1c who -' .,_-,.,ions. This iJ IDOlber type of 1h11. He agreed 1h11 Englewood bal lllppOrled thcac kinda oCticilllla for maayyan. lt-DOIUDlil the cilizclllcamclo Couocil wilh dldrcomplainll 1h11 we realizod will! a difficult lime they WOR having. Mayor Bums said bis heart goes out lo the paa,11 of thcac childraL He llid be bu met paronts who bad cbildrm who wen: DOI just memally ill, but were allo IOVCRly disal"led. The in:mcndous cballenges they face are really amazin& be said. TIiey are, many of than, like saints to put upwilh wbl! they have bad lo live wilh in 1hctr lives, wilh lhc unf-bind they have b<ell dealt We are nol attempting lo remove thcac facilities from the community, be said. We have gone over lhc legal wues on this wilh our ,pccW cowud, before and after lhc public: beariq. He asked City Al!omey Brol21DID if be would like lo comment on any of lhc:se issues, and wbetbes be felt it would be beneficial lo meet wilh the counsel who appeared here tonight Mayor Bums said be feds we nave been through lhcse wues lo some extent City Auomey BrOttJDm said ho .,.. comfonable currenlly wilh Ille legal sllluS of where ""' are in this, but, if Council woulo .i.,. to talk about policy issues, that is ccr1ainly something we could diSC1111. Aa 1o the legal issues, we 1111' comfortable with lhc legal status, we reviewed the cases when Don Elliott.,.. here, and we have indicr,r.d lo Council what the risks are and where lhc po1entials are. Council Mmiber Bradshaw said we t.a\-e adjusted accordingly. Mr. Brotzman said yes, we have adjusted accordingly. Council Mcmbei Nabbolz said she agrees with Council Member Bradshaw. It is sad. and, as a parent, she said her heart goes out to them, but she also has an aa:ountability to her constituency . There have b<ell numerous. numerous calls oo South Shemian, st..e said, and again, wc are talking density . Council Member Habenicht said she does not think onyone is bying 10 get rid of group homes, or soy anything DC811ive about any of the progmns. She said she iJ sure they are very good and very llrong and very valid. She belicvel the spirit of group hoDM:s iJ lhc dilbunal al group homes throughout the entire metro community. What we are seeing here iJ a concenlralioa, and 1h11 coDCClllralioo iJ what iJ bringing lo our allallion an iJsue. a prd,lem. Thal is the issue we are trying lo address, and she said she ~ hope 1h11 everyone here would recogoiu the! the! is 111 imponant thing. We all need to work lo make sure that the spirit of this whole law is dealt with appn,priatcly, in tmm of disbursal of group homes throughout an entire metropolitan area. she said. Thal is one of the things that we are really bying to address, she said. We have bad other kinds of issues like this in the past where we have had lo make some changes ~ things have changed around us. We have bad to change some oCour zonin s because oflhc impoct oflhc recycling business lhal we thought would be wonderful right nexl door to us vat then we bad that fire II Cedar Mountain. that said DO, DO, no, that really isn 't lhc right thing to ;...,.., "'· We had that same cona:rn when we had lhc dimursal of temporary labor, she recalled. We th.~ ,,r• It was a really good thing lo have, but lhc locotion needs to be compolible within lhc community and Oi< o.:ighborboods. This is j-..u the kind of thing wc are talking about She felt it was n:sponsible to take those kinds of density and zoning issues into account A&r the Public Hearing, she said, she was very impressed that there was some concern about gllDdfathcring in . She said she would like to introwce an ll11Clldment that would eli.minatc U:e grandfatherfag in oC existing facilities . City Auomcy Brotzman said Ibero is an existing use clause in Section 14 or the ordinance . It allows those the! are currently in confonnity with the onlilw1cc to romain . Mayor Bums said lhcre is a motion on the Ooor. Ms. Habenicht said she was moving to amend. and ao amendmcnl is appropriate . Mayor Bums said ii is approprial, befon, the motion. COUNCIL MEMBER HABENICHT MOVED TO AMEND BY ELIMINATING fflE GRANDFATHERING IN PORTION OF THE BO.L l!qlcwood City Council NoYembcr 1, 1999 ...,." Mayor Bums ubd City Attorney Brolmlln to explain 'MIii thll rally aaaa. City AIIOnley 8- said, if you eliminlle Section 14, which ii the exiJtillg-provillon, lhal .,.. IMIII dliap. 0111 ii ii-lhal""' c:unonlly in ar<a1 lhal would be in DOIKllllllplian with the anllnmll:c would thcn..., have to become in compliance with the onlinancc, oame oCtbcm mlalit need a coadltloml -pcrmil. ardloy would be in DOIKOmpliancc and then you have l 1lldnp lime, One i&, did the per.-....... aod the answer is yes. The second is, wbal ii the economic bann becauac we dJminal,ed tbal UIO in thll aa. So a poop home would have to come and say boca111e you took our poop home, here ii the COil iD the Cily for that laking. Council Member Habenicht ubd about an amol1izalion c:laulc . Mr. Braczman said that ii anoCbcr provision that could be used, and which wc actually did -in day labor. In that ara, wc amorliml the businesses over a period of time to allow them to romain aod to reduce the cc:enomic bann to the Cily thmugb the laking. Ms. Habenicht asked bow she would di that to her ammdmcnt Mr. Brotma said she would request an amortwlion period to allow 11>.:m to recoup their UMSlmCIII in the property. You could set it over I period of ycan if you would nthcr, be addal. Mayor Bums said be would like to clarify. If wc climinak: Socllon 14, docs that not mal<e It mon, ciJllc:al~ beaskal, on the homes question. City Attomcy Brotzman said absolutely. Some of these have aclllllly gone thmugb the pn,c:css of gcaing a non-<:onforming 111C permit to be thcro, and if they are in ...,_ compliance for some reason, you would actually be saying you can no longer be thcro, so wc would be taking their property. Council Member Waggoner said, in tbal particular inslancc, you would have to dclaminc which ODO wu there first and that ODO could stay. Mr. Brotzman said you would actually be sayin& to someoac wbo WU actually there, you can DOI remain. Council Member Bradshaw said then you have damages. Mr. Brouman said that is right Council Member Gamu said that, if you had two, but for dislanclJlg, you would have to pick. Mr. Bllllmlan said that ii rigbl. COUNCIL MEMBER HABENICHT MOVED THE AMENDMENT WITH THE AMORTIZATION PERIOD OF FIVl YEARS. There was no second to the motions to amend. Council Member Grazulis commcnl<d, roganling the legality ilsucs and the Fair Housing >.ct. as long as our attorney is sun: that we are squeaky cl<an. She asltcd if City Attorney Brotzman fccls comf'O<lablc with this. Mr. Brol2JruUI responded affirmatively. He added tbal be is comfonablc with the law as ii cunmtly stands. Thero is oo case law as to this distancing provision. be said, in the tenth circuit, and the jurisdictions wcro split We an, comfonablc with the jurildic:lioos that said you can have ~ Council Member Waggoner said be is still concerned about busi.-.typc homes in the single family residential aroas, and, as be did oo tlic fint roarlin& be "ill vocc oo again. Mayor Bums asked for the vote on the motion to aJopl Council Bill No. 56 on second roading. ORDINANCE NO. 58 , SERIES OF 1999 (COUNCil. Bll.L NO. 56, INJ'RODUCED BY COUNCil. MEMB ER BRADSHAW AN ORDINANCE AMENDING 1TJ1.E 16, BY AMENDING CHAYl'ER 8, AND AMENDING CHAPl'ER 4, BY TiiE ADDmON OF A NEW SECTION 23 , EN1Tl'LED "GROUP LIVING FACll.lTJES," AND AMENDING OIAPTER 5, SECTION 5, EN'JTJ1.ED "PRIVATE OFF-STREET PARKING STANDARDS," OFTiiEENGLEWOOD MUNICIPAL CODE 1985 . voce,-111: llqle,,ood City Coaacil Nowmba'l,1999 PIFl6 Ayes: Nayl: '!be motiOD carried. Council Mcmben Nlllllolz, a.ma. Bndlbaw, Habcnicbt, Omulll, lluna Council Member w...,.. (c) Reoolutiom and Molions (i) Direc:lorEaloo praellleda rccolDIIIOlldatioDfrom the Human~ Dcpartmcat to adopt a reaolution appnll'ing I Collective Barpilling Ap,,cmcnt between the City of Englewood and the EnaJewood Police Benell! Associati011 for 2000 and 200 I. MJ. Ealon urged i-ae of the rosolution. '!be rosolutioll wu llligaed a nwnber and read by title : RESOLtrnON NO. 97, SERIES OF 1999 A RESOLtrnON AIJ'Il!ORJZING 1111! COU.llCilVE BARGAINING CONTIIACT BBTWEl!N11!1! ENGLEWOOD POLICE BENEFIT ASSOCIATION AND 1111! CITY OF ENGLEWOOD FOR 1111! YEARS 2000 -2001. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (1)-RESOLUTJON NO. '7, S1:1111:S OF 1999. Ayes: Cowlcil Memben Nabbolz, Gamtt, Blldsbaw, Habcnicbt, Wllg<IIIOr, Gnmlis, Bums Nays: None '!be motiOD carried. 12. G<MralD......., (a; Mayor's Choice (i) Mayor Burns n:mindcd m,ryone that the Holiday Pamde would be on Satunloy. Hr said be hoped m,ryone could be then:. (ii) Mayor Bums n:cogniud that Ibis would be Council Mcmbcn Habcnicbt's and Naggoocr's last full meeting with City Council. He said that Council Member Waggoaor bu 1101 ooly been OD Council for eight years, but wu Public Works Din:ctar some twenty-five or twenty-tix years bcfon: 1h11. He bu been of scmce to the City of Englewood for thirty-five ycan, which is just an amazing n:cord of long time ICIVice to Ibis community, be said. He asked for a RIWld of applause and~ bis thanks to Mr. Waggnncr. Mayor Bwns said Council Member Habenicht bas been on Council for twelve years and is our 1oa,cst ICtVing Council Member. He said if anyone loves the City of Englewood, It is Alex Habcnicbl Lbe bas demonslra&cd that in mon: ways over the years than anyone be bas...,. seea 011 Council. From sort of racuiDg the Parade, which looked like it might give up the gbolt Ibis year, to many olhcr things that sbc bu dOllc in the community through her dcdicatioD to the arts, and tr,q,iq Ill dreaming when WC .-iecI to oa pojects wbtn: wc .-iecI ,ollldbing special bappcning in Englewood, includini the CityCcutcr poject Thal staJ1cd ... 11 I big box n:laiJ project and lumCd into something very dilrerenl Ms. llabenidlt bas always kept our feet to the fire oD thooe kinds or issues, be said. hdve years of lffl'ice is a long time on Council, and sbc is now Mayor Pro Tom. He said there will be a special roc.i,tio• for bolh Council Members oa November 11". Msyor Burns asml for a RIWld of appllule for Ms. Habcnicbt (b) Council M<mbcrs' Oloioc ~CityCouncil ~l,19911 Plpt7 (I) Council Member Nabllolz: I. She said Council Member Wagoner bas 11111}'1 kq,t her ICCOlllllll,le 111d ~ We ore p,iag to COlllillue your ruioll allhal blew pub, she jobcl, 111d you ~ ll'R'lyl ljlPRMd my trip IDOIIO)' and rad my n,p,rtl. Council Member Wagoner said be bas somclhing hen: beforo him that be would liltc to go ahead wilh. COUJIICIL MEMBER WAGGONER. MOVED, AND rr WAS Sl:CONDID, TO APPII.OVE $3,535.00 JOR COUJIICll. MEMBER NABHOI.Z TO GO TO THE NATIONAL LEAGUJ: or CITIES CONFERENCE. Ayes : Nays : Abllaia: The molion carried. Council Members Gama. Bradshaw, Habeuicb~ Wqaoner, Grazu1iJ. Bums None Council Member Nll,bolz Council Member Nabbolz said !here ore days that she noeds Council Member Habenicbl's rose colored glaslcs. She thank,-.! her for her vision and 'MIii she bas brought her through as a friend and as a Council Member. 2. She olrcrcd I penonal lhlnk yoo to the Englewood police depaltmcnl. 3. She ranillded eve,yooe ol the Malley Coaler Bmar on s.wday, u well • lhc Slirioen' Pancake Breakfast. 4. She aid lhlnk yoo to City 1114 (ii) Council Member (jonffl said be would mia Council Member Habcnich1'1 passioo. lie joked Iha! Mr. Wau-is too mud: of a blallbcr mou1h, and be won 'I misa 1hal at all. (iii) Council Member BrMlshaw said it has been ID honor IO Sffl'C with botb Council Member Habenicht and Council Member Waggoner. She said Council Member HabcnidJI bu 1augbt her patieoce. but she is llill wodung OIi it (iv) Council Member ClJazulis said she will slilJ be calling Council Member Wagoner for bis expertise oo the ,...is issues tllal come bcbc Council. She said she would slilJ be seeiJlg Council Member Habenicht II all of the paforming 1111 issues, which WC SO passionaldy ~ 11S one of our cndcavon 10gelbcr. She aid it bas been an honor and she thanked them for teaching her during her short time on Council. She said lbc bas lcamcd a lot (v) Council Member Wagoner said all be can say is it has been fun and interesting. Thero is a IOI 10 a:e from both sides, be said, and Ibero bas been a lol of progross in thirty-five years. We have comr. a long WI)' and. !here is a long way 10 go, but wc will get !here, be added. lie askal Council to keep up the good work. (vi) Council Member Habenicht lhlnked eve,yooe. This bas been I wonderful Council 10 101VC with. she said, and in lwdve yan, she bu IOMld with a IOI of woooetful people, and has leamod a lot TbiJ ...Uy is I team ell'ort, and this team bas been the mmt nwardinf, Allbougb we do not always I&"", she said, this is the IIIOlll agn,eable £l1lUP of poople she has wor',od ..,ith. t, has been a RII bRadi ol frcll> air, she said, and she bas enjoyotl ii immenody. l!apwoad City Council November I, 1999 Papll Maye.-Bwm CGIIUllellled that be pllDa to go to the Nlliollll ....... mCltlel _...._, • ._ aot.,u,,n lbc budget Jftl)IIOd yet. He lllid be~ oaly ID ID the regular ..iou, 1101 the IOIDUIIII, m din wcald be no ...,_ COIi, Im lodliDI 111d Im moab. He lllid be ,,ould lly to bmo 11111 lllplber by the - ~ 11 . City MU11tr'1 lleport (a) City MaJIIF Scan said !hank you and 1hal ii -a~ 'MllkiDi under Council Member W-•• 111d Council Member Habtnlchl'I guidance nl be knows lllll'feell the ,ame way. (b) City Manager Scan roquesl<d guidance from Council reprdiag Wal-Mart. COUNCIL MEMBEJlalWISHAW MOVED, AND IT WAS SICONDID, THATW.: GIVI DIIIICFION 'l'O 'l1R INGLIWOOD J:NVIIIONMINTAL POIJNDA'DON (ID) TO PltOCUD WITII THE DIALPOINTS DISCUSSID IN IXJ:CUTIVJ: SISSION ABOUT WAL-MART. City Attomey Broczman said 1h11 is DOW pubUc and we can give~ • copy of tbal Vo1e...ito: Ayos: Nays: The mocoo carried. 14. Cl!y Allo'R)''I 11,port Council Mcmbcn Nabbolz. Gam:11, Bradshaw, Habcnichl, Waggou,,, Gnzulis, Bums None (a) City Allomey Bllllzmlll aid be~ like to cllrify that~ sbould be the flml points OD Wal-Man. While Ibey are deal poilllS, aad Ibey ,-lod support, Ibey are DIOR ismcl offiDalmlioll, just to get cvcrylhing cleaned up. (b) City Allomey Brolz!D■D said, COll0Cllllllg our lawwit willi lbc bondboldcn, and the -out of wbal was Colorado Naliooal Bank and is DOW U.S. BUik, we......, sua:es,1u1 in that lnsuil The District Court fOWMI in oor f'mlr. Whal Ibey said is, oae, rr.ad lbc docwncnt 1 and, two, lbe-. says you may exttnd, you do not have to. Mr. Brccmw, said !he projection was 1hal Ibis would have been about a $50 millioahit to the City, so 1hal isa msjorvictory. Ono mtbe !bing, that we are disaa■iDg, be said, is perhaps not punuing oor IIIOmey 's fees if Ibey do DOI appeal. 15 . Adjollruoe■I COUNCIL MEMBER WAGGONER MOVED TO ADJOURN. The meeting adjown<d at 9: 10 p.m. ,;&wtt~rit& Deputy City C