HomeMy WebLinkAbout1997-03-17 (Regular) Meeting Minutes•
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INGLIWOOD CITY COUNCIL
ENGLIWOOi,, A&UABO&rCOIIJll'n', ClOLOIIADO
I. Call te Orda-
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II I
March 17, 1997
Tbo ,....im--. g of the Eaglcwood Cit)' Cowlc:il wa called IO onier by Mayor Bumi 117:39 p.&
Tho iJMJCallan""" pen by Couacll Manber Wiggins,
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The Pledfcol AU..-,e wa lod by MlymBums.
4. Rall Call
Praent:
Absent:
A quorum wu present.
Council Mcmben Clapp. Wiggins, llabcnichl. Vormillag
Waggoner, Bums
None
jClcrtr:'1 note : The Dillrict I Colmcil seal is YIC:Ull due IO lbc r<eall olCOUDCil Member Hlla,ny by a
majority oCthe vote at the January 14 . 1997 Recall Elaltion.j
Also present: Cit)' Manager Clarie
5. Minutes
Cit)' Attorney Brown,.,,
Deputy Cit)' Clerk Castle
Director Fonda, Utilities
Dirtctor Gryglcwicz. Financial Services
(a) COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED. TO
APPROVE Tin: MINUTES OF THE REGULAR MEETING OF MARCH J, 1997.
Ayes: Counci l Mcmbcn Vonnillng. Wiggins. Habenicht .
Waggoner. Clapp, Bums
Nays : None
The motion carried .
6. Scheduled Vlslton
There were no scheduled visitors .
7 . Non-tchedulcd Viliton
&p,,,,oodCitya..iil
Man:b 17. 1997
Pagel
ID ~JOl ,m l//' I.) I
(a) Va:aMaaitz: 19l5lSbulli!lall Slnlll/llkl M-l)IUll!nlllilolalc a(lhc article la Ille
Englcwaad Hcnld • 6-llle dipping. She aprellld her support for Council Member Clapp and bcr
IIIIOIIICIIU in die ..... SIie (eels this ICU I p ........ u ... DIiien iD mire and ~n SCI aDOlbcr job with
die City and callocl -l'ClaaDCllt checks. Ml. MoDlez aid this i1 not apc1idlng our money the right
Wily . •et I , t•
(b) Rar-n->. 2991 South llannack Slrcct. agreed ti-at doubl e dippinl,il MNI-He "110
opined that die Din:mw a( Sofcly Services is I fi1ll time job, should concentratc an Safety Services and oat
be dividld -..... jab, 'This ii 11104llplWdl a( diMalldiotiaa, he llid,lwith U,o ocipbors in Ille
aanbcrn part m Eagk,waad """r Ille coaditions at Bales Ind Broad,.,ay and the fasatisfactian with the
City's response ID thaund caotinucd concerns with thal area. '" ,
(c) 5fl:o,cn Schreiner, 4935 South G'""' SIJed. aid he is the ,Dq,,,ly Chairman aft~:,
Firearms Coalilioa afCoknda. He assctted that the bill before Cll'JDCil this =ning concemiag
Weapons Dca1cn 6ama is YOry poa11y wrilkn and is preempted by federal l1w11 Ha,ald10111 itom wotdd
scvcrcly affect lirearas fodonl license holders tlw bm: shops in Englewood where they could not display
their wares for sale. 'Dae arc M diJl"rmtl. be (eds, than dalmng IDllllllacll&nn wbo pul their goads in a
glass display CD<. IIIL ScbrciJM.< al!"1• Slllcd that this piece of legislation is very poorly drafted and
straagly ~ -it be witbdmo'D. II
(d) O.:~Ohllon, 1754 WestCow,ty Linc Road, Ullletan. discuucd Cooncil Bi!I Na.
19 regarding the C intetcbangc. He aid he m:cntly wait ID the lllle highway dr.partmeat ta get a
highway= pcnm11 01110 County Line Road so that be could COIIWIUC ta have a safe ud private access
from his home. He ,aid be was informed that Douglas County passed the permit an ta the Slate
dcpartmcat afhighw-who then got a letter from Highlands Ranch Metrapolitrut Diatricta indicating
that they di d l10I ·.,,. be should make this application . Or. Ohlson opined that there is a conflict that
might be difficuk ID -m U.-1 Hlglllando lwx:b Mello Districts might be presenting ta CoUDCil items
which arc Dot true. 5llldJ as elevation problems. Ho alral that Coacil ca asid<r l'urthcr additioa lo the
changes ta include a,smaJJ right-of-way far(!:;. roadway ta continue the grant and casement that the City
gave him in 1965.
In ncsponsc ta Counc:I Me.m bcr Varmina g. Dr. Ohlson clarifiod what was depicted an the map of the area
in qucstiaa thal he pt'l>\ide1 to Council.
(e) Dumnc Ammennan. 3898 South Cherokee S!Mt, discussed the pror,ascd Weapons
Deal ers license. He said that. just because Vi'C arc taJIOn g weapons. everyone wan1s to over regulate it . He
feels it should ll0I be 'apprl>\'Cd because he can not sec any goad coming from it.
(!) 8.-a Fau~ 41SS South Huron Street, C.'<J)rcsscd her concerns regarding Council and
City gavemmcr.1 isswcs. She 5'1id for the past several months Council seems tu be very focused an
personal agendas radier rhan co mmunity issues. Our commun ity, she stated. remains concerned aboul
very serious 1SSJCS di1ll1 ~· elected Counci l 10 deal wi th . n ,csc issues continue ta be health and safet y,
quality aflifc. and C'indereJ I• City a, a tax base. There has been lots of time and money gcacratcd an
Cindcn:lla City. bull JlS of tonight there hos been little pro gress made regarding an y aftl,csc issues . Ms .
Fout said her sca:Jtu!! a ll'Xm is the appointment of Mr. Stanl ey . She questioned whether this lS i.n the
best interc.<t of this City. She asked if he is goin g ta be serving in both capacitie;, and if so . bow arc we
going ta fu nd thi5. 'Ullus is a srnall city. she said. and mast of the people who work here have dual incomes
because the)· Im-. rm She sai d sh e seriousl y hopes we stop and question thi s ITIO\'C . Ms. Fout said she
would like ta pcrsamally thank Lauri Clapp for Slandi ug up ta sa me of th ese issues . It takes a lat of
co ura ge, she sud. tci 'tak.e a stand on issues that arc not po r,ul ar. ~~1c opin ed that that is what Co uncil's
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E.....-,.i 1;11y Council
Mln:h 17, 1997
J>aaeJ
posilioL 11, to lake an w,popular stand. Her third coam, sbe rebl:d, is tbe o-il's polallilJ for
polJcltia tildl llCllcr1 Slle .. lhll :ates-, £na die~ lllllil---W.,,,, Council
andlXJ)Nll'III--. Ms.PautllidCaunall-11'10,JilllbeCll),pido--1D-itlOplhor
witb ... anilllnll)'ul\ltplt/illelnllltbcj, ..
h .
(J) Slndi Ollema, lUJ Soadl Cln,a Strmll'tild Ibo-,.._ .. _ ill a the i_.
pan of the Stu:ly Session to hear tbst Council is-..: tbll tllft __ .,......__,.•Chey 111: .-
going to try to laCklc them. She said she was lhriJlcd to hear that and feds an.--CIDlllpUI)' that
performs audics wowd be appropriate. In 11111111)', Ille aid, lllo rerieMd a Ille IIIIIIIIJ die Cily euitled
"Standby". This file. she aid, was kept by Chuck Reid ad ends abruptly at NcMallcr, 1995 . When she
asked Mt. Clatt why Ibis maner was not plc:kcd up~ Mr. Rlld1s ,.__ IIS....,S iD a laucr dated
April 8, 1996 that Reid's rcplaccmcnl was DOI appointed until six or SC\'eD IDmDS..,. be armed.
Reading Mr. Clarlt's response, Ms. OAema said "the Neighborhood Watch ..,,,.,_altbe Deponment al
Safel)' Somoes'ilsamod rosponsitilllly for tlls<isu'la eidy'lffl. s~.6oflia,iilldd -..J I
neighborhood meetings and Slin<l,y was OM'iiflllo flni .,..........,. lit illsjillilll~•, impoll •
team early thiJ year. TJln is no DOid fat Suzle Q,-IO lie ilNlalwd ID this -..... tbc polia,
division ', cumnt dTons." Ms. Ostr.ma told Coaaail 1h11. whm lllcCIJIIIXlcd Al Smley by phone to find
oul what the police division•, cffons w.:re going to be to this end, sbe -told --ao directive in
writing and he had no idea that Neighborhood WIidt was rapomible for aMrias .. llni/BJca..._
issue. He indicated that the impact 1c:un was formed and they -,Jd handle the -· At a meeting
held at ~Chlrcll le Octobero~l996, Ml. O.anasaicl*ast.-lC.~ wiry they
practiced sel:ctivc code enforcemen1 and lhe response was tbs! ii was the Cauk r6-· w, ,....iy
Doug Clart. that they could DO( effectively do their jobs. She said ii has oome 10 la -.Ilion that Mr.
Clark has laid alnio •k,ound \.,JIit IO get 1'lr. Sllluley in10 the p6dlion of Alsiaa Oi!f ......... LSlle
voiced her suon~ olljecllom to thatbocause Mr, Stanley buebllush on bisplac .. ._dllllcull)' CDOU8I
dealing .,;th tbst wilhotll taking on a second position . Then, is ......, ..-.. ~ .. .....,. and Ille
pension benefits and having two pieces of ealre inslead oftbc-lbal we all ga. Sle foos i1 is improper
Iha! this position was nol open to the public like all af the prior Cicy anpl~ positions have been .
mainly OP ".:hannel 8. Ms. Ostema said she may want 10 apply for tllis position, addiilc WI she is sun,
tl1ey w,uJd love to ha,·c her up ihen, wilh !hem. She questioned Mr. Clarlc 's choice. ~g thal he d ...
hal'c a lol on his plate and that he probably does need some help, but opining that '5llr is 001 suro Mt.
Stanley 11 approprinle . She said Mr. Clllltc just fin,d Suzie Gncc, whereas lbal migla 1ia, .. ~ WI
opponunity to I.rain her into this position . She questioned the msubordination of ML Clarlt an<! M,
Stanley evcu conting fc.nrard wi•h this kind of a deal. Sllling that tbae is oomediillc ftlllly stinky ahou• iL
She advised Iha• !hey sl1ould nil be aware Iha! the ciliuns aren 'I going lo pul up wi Ibis std, Slating
l'lal she \\aDled 10 end her commcncs on a good note, she said she was very ihrilled J> bc3r !bat Cruncil
has finally decided that !hen, is someone out !hen, they can lislen IO ud hear 1>1'acclte people '""e to say.
Addressing Council Member Wi,urns. Ms . Ostema said pemaps he would like IO -off on a good no1e
with her and apologiu f9r calli11g her a witch hunler.
(h) Vit:C,, Lo.timer, 231S South Broadway, said she hales to ialte Ccum::il 's time to :isk
pro.cdun: bul 1his i, the first m•,iin g she has aucnded . She sa id she is concerned amd illtmsted in ihe
propoY.:d ordinance n,garding firearms and weapon sales. She asked how this will -t. if Cow,cil will
disabic; it and then we hav~ n chance to talk about it.
11,<ayor Bums advised Iha! the City Manager has rcquesled. and ~ !aye , Bums said he «lllCU1S. thal lhe
ordinance be pulled from lhe agenda for funlier n,view. He invilte Ms. Latimer io mn: her opinions if
she would like to .
Ms. L.ltimer said i• seems Iha• people who have fireanns licenses are already compl!t.D& "iih just at.a u,
C\'C rytJ'.i ng that is in there and she feels it is confusing .
e..,_. Ci1J Caundl
Mllcltl7,1997
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(l) Mary,-lndllcld. MO ii 111111 l'llilllal,of Erclewaod. 111d a)I the NIUO!l!II 11i11o
-'----lol,byill for Ille 11.-t/lColorado llldjllll bappelled IO Ile ill IOWD , Sb.> IIIYiMll lbal 1111 -
.....illy a lot olba IIIOlnbul repnlina the onllnance !Ml CaliOll ~ be ,-1111&, Sbo ollnl lier
~ ....., lllll servica and any Wormatlon that she mlgbt have available u Council looks apin at
tbe ___,, Sbo 111=1 MIii Mr. Sdlreincr lhat I.ho onlilllnce ii extn:mcly poorly wrirten and. ~
....._ .. .-madoil• ~mrcn.10owa1Dlfsi-.
I. C-•elc ...... '°' I 111 1 ad Appoia._11
(a) A pn)daaatiaa .._.,, Cbrlstiu lliombelJ oe the occasioll ol her 99• binhday -
a,midcrcd. 01,
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cm COUJ«:IL IINANIMOUliLl' MOVID TO APPRO~ A PROCLAI\IATION HONOIUN~
C11111S111U ILOMBIIIG ON JIU ?CCASION OF BL, 99ru BIMTHDAY.
Ayes; C.OW ,ciJ Mcmbcn Vonsitll11, Wlgin,. llal,eoich~
Wagioocr, Clapp, Bums
Nays: Noec
nc .... canied.
~) A pndlmllioadll:llrial the woe&olMlll:h 16 tMlllp 22, 1997 u lalOnlllioaal
Ddlaiay w.ll-~
COUJKILMDOIU BAJIENICBT MO~D, AND IT WAS SE-."ONDED, TO APPROVI A
PIIOClAIIADON DECLARING THE WEEK OF MARCH 16 TH .lOUGH ll, 1'97 AS
INTUMYIONAL DEMOLA Y WEEK.
Ayes: Cowacil Members Vonnillag, Wigins, Habenich~
Waggoner. Clapp, Bums
Nays: Ne. no-. carried.
Br:mdon o-.n, Maslcr C<iumdor ol the Englewood C/'"!'tcr, wu present to accept Oie proclamation.
(c) A proaalllllioa declaring the wed< of April 6 through ll, 1997 as Building Safely Wed<
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COllNCll. MEMBER IIABENICH'!' MOVED, AND IT WAS SECONDED, TO APPROVE A
PIIOCIAMATION DECLAillNG THE V'EEK OF APRIL 6 THROUGH 12, 1'97 AS BUILDING
SAJl:TYWEEK.
Ayes ·
Nays :
The motion carried.
Council Mcn,bcrs Vo, mittag. Wi ggi ns. Haben ic ht ,
Waggoner, Clapp, Bums
None
d) A proclamati on declari ng April , 1997 as the Month of the Youn g Child was considcr<d.
COUNCll. MEMBER CLAPP MOVED, AND IT WAS SECONDED, TO APPROVE A
P'IIOCIA~TION DECLARING APRIL, 1997 AS THE MONTH OF THE YOUNG CHILD.
Ayes : Coun ci l Members Vo nnit tag. Wigg ins. Habc ni ch1,
Waggo ner. Cla pp, Burns
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EnaJewood City Cowlcil
~hl7, 1997
Page$
Nays: None
The motion carried.
It
(e) A i..r llom Join MiW. illdldiliaa lier .......,.6alll .. En~ Calm:~ Anl, >
Commlalofl -COlllideled. fl
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS ....,.._D, ro ACCIPT WITH
REGRET A LETIER ROM JOAN MJLETTO INDICATING m llESIGNA TION FROM THE
ENGLEWOOD CULTU1tAL AJITS COMMISSION.
Council Member Habenicht commented I.hat Ms. Mildto did a YaJ1 mo jab m helping 10 pull the
commiuiotl together. She said she is sony 11111 Ms. Mileao ir ill_...,.... gdi .._, ..,._
Ayes : Council Mallbon Vomialg. ""-"" Habenicht,
W""°""'. Clapp, Burm
Nays: None
The motion canied.
t ,
Council Member Clapp advised I.hat Vera Mollla was pn--"DI _, aa:q,t the pruciamatioo declaring April ,
J 997 the Month or the Young Child. Mayor Bwns pn:selllal die pndamaooo 10 Ms. Moala.
Council Member Habemcht recalled 1hal 11 t1,e beginning m 1990. Oauacil pusod a resollalioo iudlcaling
LhLI this is the Deade orw. Child in Engle-,d. '
9. Public Dunne
No public hearing was scheduled before Council.
MAYOR BURNS REMOVED AGENDA ITtM 10 (a) (iv) FllOM 7111: CONSENT AGENDA JOR
FURTHER STUD":.
COUNCIL MEMBER VORMl7T AG REMOVED AGENDA IT'"<!:M 10 (a) (i1) FROM Tin:
CONSENT AGENDA.
Council Member Habenicht asked when Agenda Hem 10 (a ) (iv) come back for con, ·.cration . Ciry
Allomcy Brotzman responded tiiat Council had a Study Session 011 dm and had no input. Now. he said,
at least we have some input from the industry and we will want 10 U\-it discus.sions with the industry
rcprcscntali\'CS before it is brought back to Council . He said be tlDa ,not h.-ve a time right now because no
notice was received prior to tonight that there was a problem "itb tl6..
COUNCIL MEMBER CLAPP REMOVED AGENDA ITEM I I (a) (1) FROM THE CONSENT
AGENDA.
l!.-,d Clcy Council
Mild! 17, 1997
Plac6
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10. II !,,IT
COIJNCIL MDISU WIGGINS MOV&D, AND IT WAS SICONllED, TO APPROVE
CONSENT AGENDA mMS 10 (a) (I), (II), (Ill), (Y), (ri), (vii), aad (viii) ON i'IJIST R&ADING.
(a) Appn,,e oa ·l!illl Kading ~ I (I II I" ' 'I I I
,,, J(I
(i) COUNCIL BILL NO. 21, INillODOOED BY C0lJNCll.,¥EMl!ER
WIGGINS
A BILL FOil AN ORDINANCE REPEALING TITLE 5, CHAl'TER 6, OF 11IE ENGLEWOOD
MUNICIPAL CODE 1985, AND ENACTING A NEW lTILE 5, CHAPTER 6, ENTITLED ADULT
ENTERTAINMENT ESTAIIIJSHMENl'S WHICH UPDATES . CLARIFIES AND BRINGS 11IE
LICENSING REQUIREMENTS FOR ADULT ENl'ERTAINMF.NT EST Al!LiSHMENTS INTO
COMPLIANCE Wl1ll RECENT CASE LAW AND Wl-llCH REMOY.ES AMUSE~il;N;l'S FROM
ORDINANCE NO. 25, SERIES OF 1996 Wl-llCH PERTAINS TO 11IE MORA TORiUM OF LICENSES
IN 1llE CITY OF ENGLEWOOD, COLORADO.
(U) COUNCIL BILL NO. 22, INTRODUCED BY CuuNCIL MEMBER
WIGOINS
A BILL FOR AN ORDINANCE AMENDING lTrLE 5, BY ENACTING A NEW CHAPTER 23 ,
EHTl1l.ED PURCHASER OF VALUABLE ARTICLBS AND AMENDl)jG TITLE 7, CHAPTER 6E,
SECTION 4, BY 111E ENACTMENT OF A NEW PARAGRAPH E, OF 11IE ENGLEWOOD
MUNICIPAL CODE 1985.
(iii) COUNCIL BILL NO . 23 , INTRODUCED BY COUNCIL MEMBER
WIGGINS
A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 6E. Willi 11IE ENACTMENT OF
A NEW SECTION 9, OF TliE ENGLEWOOD MUNICIPAL CODE 1985 AND ENACTING A NEW
TITLE 5, C1W , ER 26. ENTITUID TOBACCO PRODUCTS VENDOR.
(v) COUNCIL BILL NO . 20, INTRODUCED BY COUNCIL MEMBER
WIGGINS
A BILL FOR AN ORDINANC E AMENDING TITLE 5, BY ENACTING A NEW CHAPTER 20, OF
111E ENGLEWOOD MUNICIPAL CODE 1985, ENTITLED SPECIAL EVENTS .
(vi) RESOLUTION NO . 39. SERIES OF 1997
A RESOLUTION AMENDING THE APPROVED 1997 BUDGET AND APPROPRIATING MONIES
FOR TilE CITY OF ENGLEWOOD , COLORADO
(vii) RESOLUTION NO . ,IO , SERIES OF 199 7
A RESOLUTION DECLARING 11IE INTENTION OF THE CITY COUNCIL OF ENGL EWOOD ,
COLORADO. TO CREATE PAVING DISTIUCT NO . 38, ADOPTING DET AJ LS AND
SPECIFICATIONS FOR THE PROPOSED DISTRICT. AND DIRECTI NG PUBLICATI ON AND
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Bnaie-,.t City Council
March 17, 1997
Par-.1
h n, l '(11 l hoa11 l.,11
QI ti d t M
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MAIUNG,~ TIIE~CEOF HIIAIIING ro 1llli OWN£RS OF nm REAL P~I/ERlY IN 1:J,!E
DISTRICT. L t;
(vlll) COUNCIL 81U. NO. ll. INTRODUCED BY COl.,'Nl'.JL M1!MBER
WIGGINS
A Blll. FOR AN ORDlNANCE AIJtllORIZING AN lN'IERGOVERNMENT AL AGREEMENT
P AINING,TO TIIE EN'IERPRISE ZOE MAIWmNu CO]mlA,CT, ~N TIIE
COLORADO DEPARTh.lENI' OF LOCALAR'AIRS, ECONOMIC DEVELOPMENT COMMISSION
("E .D.C.") AND THE Clli' OF ENGIEMXI).
Voce.-lis:
Ayes:
Nays :
o..il.....,... Vonniuag, Wiggina. Habcllicht. w........, a.,,, &ms
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The motion carried.
11 1H ) lJ ..fl lJ 'HJ
(ix) Ccwlcil Mtmb<r ",__. llkod DI~ Foodaol)lio ~ or
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Utilities if the map pl'CKllted c:arlia by Dr. Otimo comctly depicts lite an,a in question and what the
intent i1 with bit rood, whetlla' it ii__...• F iDlo the fuNR Highlands Ranch Boulevard. Mr.
Fonda responded affinnath'Cly to both..,......._ Mr. Vonniuag then asked if be wa,; ,,;:orncdy
remembering that it is about '"~nty or thiny lieet back up in there. Mr. Fonda said where the int=tion
comes iD, bisaalCIS-woold .-ilao,bis bauoe from thaldilec:tiooand then later, if ii became a
road. Ihm ~ be public ...,... to t.llal poi,la or .., 'MJUid continue whalcvcr private accc,., be ocedcd 10
get into bis subdivisioo.
Mr. Vonoinag asked if there would be a probicm with letting him build his road where he wants right on
to where this r<Nld is ancl still leave tbc old iaal lilae. Mr. Fonda said be doe< DOI know, lhcre may very
well be, a, the bigbway dep,:>ttllltllt hast.a-, difficult in pennitting acrc= that clooe to what l"i]I
become m,vo, inlen:baoges. 1 le said loe ....W -know at this point, since it is the fin;i time he has
looked at iL
Mayor Bums aokcd if this ii an enti,eJy ,... ""1CCI& o, aa expansion oi the one thal is already Uicrc. Mr.
Fonda responded that the one Dr. Ohlson ii ~.og is a new aa:es., do"n 10 County Line Road .
Council Member Waggoner asked if therc wcdd be a aossing of tbe Highiinc Canal wiU1 the oew
proposal . Mr. Fonda said therc would not. Oarifymg further . Mr . Waggoner said that what Dr. Ohlson
is proposing is to leave tbe crossing in aad swmcb back around and come in at County Line. Mr. Fonda
said that is co= He said be does DOI~-a the lugbway department will object to the proposal .
Council Member Waggoner asked what JS wrcmg wub tbe Hi ghlands Ra!,,h Boulevanl e.xit. Dr. Ohlson
answered from Ll,e audience Iha~ during the period of co nstruction. there will probably be another year in
which Highlands Ranch BoulC\-ard will ha\-.: no acc<s< ail of tbe construction equipment from County Line
Road. since he believes they ,.ill not aJJo,o· dlaD ao CD1DC down C-170 . The coOSlmCtion ofU,e highway
"ill present a great deal oi bca,')' llaffic dllrillg Illa period. He said tbere arc thn,e elementary school
children wbo have 10 get on tbe bus in that -=a Md th-..re are oo provisions 10 allow that. It seems much
safer, he said. 10 move 500 feet east. then. in tk year that they finally gel Higblands Ranch Boulevard
done and Engl ewood decides perhaps what ~ waru 10 do wiU, the ground up there , we can put the
so u1herl y intersection with Highlands Randi &ulc,.ud in. II should be in anyway. ~c sa ,u. hc<:a use you
Ena)ewood Clly Council
~17,1997
P:,ge 8
bavc lo"-~ to year gmu,d. Dr. Oblioit sald l t ii 111 llllllk c:ondillon ror 11,c ..,._ lillD ... la 1
the 11Ubdlvi1ion and be ,aid be would prd'er IO keep the private drive for u loag II be ca.
Council Mcmbet\vqgoacr ..t.ll1itlliil isjtlst 111 lnlerim mellWe !Ilea.' Dr. Obl,on mW.be bdieMs that
about a year 11 all the highway department will allow IO bave a scparntc aa:csa into a claa lllnle ...i.
which is what County Linc was, but oow isn\ because it is shut off on the west end at S-Fe.
Mr. Fonda opined that they are ••quhod to pn,Yidc acccs, anyway, u port ola C01lllndic,-pllljecl. They
can not 1 .... you without 1CCCSS. tcmpomy orothbwi,c. He said he does not knaw wllal .._.,,_is for
that bccau,c they have been negotiating with Dr. Ohlson .
Council Member Vonniuag asked, iflhis l111d will come back to the City, and be opened ap a --mad.
can wc live with that? He alto aslte4. if the highway deportmcr,1 doesn't approve iL iflle.., do aylhing
with iL Mr. Fonda said be can noL Mr. Vonnilllg said dlat 'all Dr. Ohlsoo is saying is -we ..U gi,-.
him that land and we will just take that land back. He asked, again, """· as a City, lnw a problaD with
that. Mr. Fonda said be docs not know.
COUNCU.. MEMBER WAGGONER MOVED THAT WE TABLE TBJS ITEM UNTD..
ADDmONAL INFORMATION IS OBTAINED. ' '
Mr. Fonda ,aid this is a very late pn,po,al anil wc may be holding soniclhlng up. He ..,.....i _,,
over the situation it 1113)' came.
Mayor Bums asked how macll of this proper!}' the City owns. Mr. Ponda .__ Illa! --me
triangle from the Highlinc Canal to County Linc Road. He said we may be putting RI~ bstl-at a •
disadvantageous bargaining position at this point. He feels that we could always go back-· ifdley pass
iLand modify .
Mr. Vormittag said he would be ,.;mng 10 do that if we can at least hear him out and if be.can build bis
road if it is suitable to the City. We eotdd pass it 1onighL then. and it wouldn 't ncassarily be a mac <l<al .
He said ii looks lo him like the road goes right along the Highllrie Canal and am!OI OU1 oa C-, Lille
and he docs not feel ii is a big deal. if Dr. Ohlson is willing 10 pick up the expense of building the RBI.
Mr. Fonda said you ar< losing the use of that land and he docs not knowiflhc highway deponmenc ..ill
allow it. He said !her< is a substantial chance that a delay could be costly .
City Attorney Brotzman said there are two lhillt, going on . One is the highway proj<,:t is under
construction and on going, and the second is Centennial Water District has begun oondemnalioo
proceedings on this piece of property against Dr . Ohlson to get the ea,cmcnis. He reminded Council that
tonight they are only passing a very small portion of one or the,c cascmcnis. having already posaed ,-
ordinances on this issue , one allowing the casement transfer and tl1c other aJl owi ng Centennial to pcform
condemnation .
Mr. Fonda said that Dr. Ohl so n can negoti ate with Highlands Ranch r<ganling the condem nation.
Highlands Ranch os negotiating with the State regarding what tl,cy will and will not allow. He feds that
if Highlands Ranch and Dr. Ohlson come 10 the conclusion that that is the bes! way to prococd. !MIi we
probably would 1101 object . For the City 10 jump into th is may throw a major ,.,.ncb into ii and.,. .apln
stressed that thi s is being p1<5Cnlcd at a very late date.
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h v'.lth'.'l bw,,.f.\ l!aai-,odCii)'c-:il
Maida 17. 1991 ..... , I Id I~
'I
~ .... ~oir,,.d!lial, lia»ru II~ 111,ll,.i lllldiaa, IC.-cJll~-up tut ....,,,_ca..-•llllinecc:: • ladiaa, ii coul!I bNJ1!C111 wi~latarferial.wilh whalis hlppollillc ....
' I COUNCIL IIDD&II WAGGOl'IU W[l'IIDUW 11JS MQTlON TO TAB.IL I]
Dr. 0111aa •._is just a Sllllil lrilllpc IIIIIHighluda ~b Mcffopolitan Diruicu needs for
Higbluds ~a...anl, lbc-ol ii btloep !O .~ and its use bas~• graaled 10 him for
Ille ... tlliny-6,,e ~---For Ibo ... "'llilty, privacy, l!Oill ~ alld IO (onh, pr. Ohlson ~
that be -.lei -llavc his caltlllCC, which be is swo the highway dq)anmeat will approve if the owner
of tbc ..,...t ..... wmch ... -o!ain-.. .,..,, Ol,bu Ulla lhol. be mainlainocl, Ihm, is QO
problem. H ./ I/ 'I ,i
Dir<dor r.-.i.a1 for clarification that Ille pn,blem is 1101 lhc pem!OIICQI solution, but rather the
tmparUy ......,_ i)r. Ohlton aid be ._ for up IO about I )'!:al', tylr._ FOllda said be could get with
}!jpjaads ~ baa,-they 1-10 haw a plaa to provide him ·lllle aa:as. Dr, Ohlson said be ha.; a
leuer from .._ illdic:aliac they will k.cq, ii opca u long u they wi and it is a Slcp by sacp procalwo ,
N-iDC tbc lea. -, .._ 't throw inio thal formula tbc fact that it is going to be a very high use constnictioo
toad alld C...-y Lille Road is p,iDg to have 110 tnflic on it exa:pl big trucks, concrete trucks, cranes and
trucb bau1iJ1s-. 11p IO.cbo ...,,,_ fna tbc nunh 1idco. ,
Council -Vonaittag med Mr. Fonda. if the bill is passed tonigb~ whether he can wcri< that out
,.;lb him bcbEllle m:ood reading. Mr. Fonda responded tliat he will contact Highlands Ranch to sec
what their plu K.
Dr. Ohlson -Illar they arc asking him for lhc entiro right-of-way , the entiro casement. Mayor Burns
askod .......... -oeli,casancal is. City AIIOrncy Bl't"7JlWt responded that be aClually has a
reconbl -:md Ibero is some dispute over whcro that...._, ·,n1 aonially is . He actually has a
dri,-n-ay that doc,; DOt sit in the rocordcd casement , he said. and they have started condemnation
proc:ocdi.qs o■ Oil .... ,cat, whida damimtes ow,r any casc111C11t tbat we bavc. Mayor Bums opined
llut be docsa ·, 11::Dow. lhcn. what "" can do at tbis point.
The Deputy Oil)• Clcri< ""' asked lo r1"3d Council Bill No. 19 by title:
COUNCIL BD.J.. NO. 19. INTRODUCED BY COUNCIL MEMBER \'0RMITfAG
A BILL FOR AN ORDINANCE REGARDING C-170 McLELLAN INTERC1W,r.1: AlJfHORIZING
NEW DEEI'S i'O., TillS PROJECT WHICH REFLECT l1iE FINAL DESIGN CHANGES.
COUNCil. MEMBER VORMl'ITAG MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM It (1) (Ix)· COUNCll. BILL NO . 19.
Ayes: Council Members Vo nn ittag. Wiggins. Habc ni ch1 ,
Waggoner, Clapp , Burns
N2)~: None
The motioa c:mne:I.
(x) Dir,aor Fonda presented a n:u,mmendatiou from the Littleton/Englewood
Wa.siewatcr Ta:anncnt Plant Supcnisory Commiucc 10 approve by motion a constmcli on co ntra ct for
trickling filter _,-al lhc Plant.
l!qlewood Cily Council
Mardi 17, 1997
Page 10
110'.) VII) boo,r.,~Jt]
tet/1 •1 rl,t M
e s'I
Council Mallba ClaJIP1'iml 1h11 w 1lllderl'linds 11111 the ,.i;, ..... _ -,.liile ~ $200,000 J
nnd $400,000. Di\eclorPonda ml !Jw tsoilt..ia-llpl .... .,....._ __ lbillallll repair
\s goiaglObe in the range ofa l'llilllon and a baltclollan. Ml. Clapp...,. ifllleSl00,000 !0$400,000 ii
going 10 be ,pill with the City ofl..:tllelon. Mr. Fonda~ IM il .. be split ftlly-flfty with
Lilllelon. Ml. C1Appsaldihealsl,D1ciet'itaadltllitltbaota ....... ._.Clfflildy.l ~-POlldasaJ41
tha1 is IIUC, altbouah th= ii I wry 1iJbllantial liand balucc that will_. any oltbcsc repain. In
addltion, dll, bidl to die plant came In 2 '½ mi111oe dollan IIJlder tlm. ~•""will not dweed, ....,
with this repair, 1'flat"" """'origiNlly tiudeetinc lot the-•----. We uw Ir, IIOI • a
desipatcd Item , but"" have -dlaa adoqule !land....,... to..,_ ill, Ille aid.
COIJPICIL MEMBER VORMJTTAG MOVED, AJm IT WAS RICll!IQIID, TO AWARD TIii:
CONTRACT FOR TRICKLING rn..nR REPAIR AT THE WASIEWAnR TREATMENT
PLANT TO CENTRIC JONES.
Coundl Member lfabenkht asked If the City oiLiUletoa llu lllee ...,.., !Id, yet Mr. Fonda said that
Littleton does not like action oa this. Their Connci1 w llleeri apprilllfllJI' 6elr City Mallage, 111d then
the Supervi,ory Commiuee recommends to ns and, by Qllltnct. we -•...,. """entet into the
amtraeb.
Ayes : Council Membffl Vor111ittll&, Widiaa, llillenicht,
Waggoner, Clapp, Bums
Nays : None
The motion carried.
COUNCIL MEMBER CLAPl' RE!l'JOVED AGENDA ITEM It (IJ ) PROM THE CONSENT
AGENDA
COUNCIL MEMBER WIGGINS MOVED, AND rr WAS 51:COl'IHD, TO APPROVE AGENDA
ITEMS 10 (b) (I) THROUGH (Iv) ON SECOND READING.
(1,) Approve on Second Reading
(i) ORDINANCE N0.16. SERIES OF 1997 (COllNCll BILL N0.10.
IITTROOUCED BY COUNCIL MEMBER VORMITTAG)
AN ORDINANCE APPROVING 1llE PURCHASE OF A PARCEL OF LAND. A PERMANENT
EASEMENT AND TWO TEMPORARY EASEMENTS LOCATED ALON G WEST OXFORD
A VENUE BY rnE COLORADO DEPARTMENT OF TRANSPORTATIO N FOR 1llE
CONSTRUCTION OF STA TE HIGHWA Y 85 (N ATCHES COUllT FRONT AGE ROAD ).
(ii) ORDINANCE NO. 17. SERIES OF 1997 (CO CIL BILL NO . IS.
IITTRODUCED BY COUNCIL MEMBER VORMITTAG)
AN ORDlNANCE AUlllORJZING AN EASEMENT AGREEMENT FOR TilE CITY RJGITT-OF-WAY
ON TilE CITY DITCH TIIROUGH 1llE PROPERTY AT 835 WEST QUINCY A VENUE .
(iii) ORDINANCE NO . 18 . SERI ES OF 1997 (C Cil. BILL NO . 16.
ll'ITRODUCED BY COUNCIL MEMBER VORMITTAG)
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~ City Council
Muc.bl7,1997
Pqe II
I 1l l vii> br,o, l~u";
r ~ <I l:nrJA
I l•'I
AN OllDINANCBAMl!M>INO !fflt.E 5, OfTIIB IINOU!WOOD MUNICIPAL,COOE 198' WITH ,<
111E ADDITTON OF A NEW CHAl'l1!R 19, l!lffl1U!D DIRECT SELLING UCENSl!S ~
ITINERANT VENDORS LICENSES AND WJIIOf REMOVES DIRECT SELLERS AND ITINERANT
VENDORS FROM OIIDINANCII NO. 25, &BRIES 01! 1'96 AND OOUNCIL BILL•NO. I h Sl!klBS OF•
1997, WHICJI PERTAINS TO TI!BMORA'lOIIRM OP UCENSl!S IN 1llBiC11Y OE ENGLEWOOD,
COLORADO.
(iv) ORDINANCE NO. 19, SERIES OF 1997 (COUNCIL BILL NO. 17,
ll'ffilODUCED BY COUNCll. MEMBER VORMfITAG)
·' AN ORDINANCE AtmK>RIZING AN Oll. AND GAS I.BASE BETWBEN 11lE
LITTl.ETON/l!NOLEY/000 WASTllWATER TREATMENT PLANT AND I. MIOfAEL McGHEE.
Voce .....its:
Ayes : Council Members Vonnittag, Wiggi ns, Habenicht,
Waggoner, Clapp. Bums ;, ,1,
Nays : None
The motion carried.
(v) Council aJDSidcrcd oa Kl:Olld radin& Council Bill)lo. 18 which would n,quin:
ID aflldovit al lnlalt far write-in candldatcs and l1low Council 10 CIO<d ID electioo Wider WWII
cin:umstanc:s. Council..._ Clapp sb.lnd mmo citi1.cn iaput that the roceived repnliag Ibis bil~
Slating Iha~ for example, if for some reason then: is only one candidate for one sea~ and two or lhn,e days
prior to the election. they do something that is criminally wrona or jU5I IOfflClhing poople diJagree with,
this would not allow the people the rig,~t to say no, C\'Cn up to tlte final day befon:. Appointing the
candidate docs not neassarily protect the votcrt and allow them to say yes or no . Even if it is just the ooc
candidale. she said, they may decide to \'Ole that one candidate down .
CnunciJ Member Vorminag asked who they would vote for then . Ms . Clapp l'l'~'J)Oaded "nobody".
Council MeaJcr Wiggins ai~ die candidate woold \'Ille for himaelf aod that· is all they WOllld need . He
said if they are a criminal then the City Auomcy can aihise us whelher they wco!rl be eligible to hold
offi r.c if IIIC)' wen: charged and convicted.
Mai·or Bums agn:ed tha1 if yo u wen: onl y charged. but not co nvie1cd. there could Ir. some n:al
constitutional issues in pulling them off the ballot.
Council Member Clapp said you would not pull them off the ballot. She said it is her understanding that
there would be a yes or a no . City Auomcy Brotzman said there would just be one person · s name to vote
for . Council Member Vormittag added that the candidate would just have 10 punch out the little circle on
the ballot and he or she would be in .
CounciJ Member Waggoner asked if you h,we to file to t:-c a write-in ca ndidmc . City Auomcy .Bro l.7..man
said yes.. you do h;vc to file to be a write-in candidate .
Council Member Habenicht said th is is suc h a sticky ,.;ckct and that she understands that yo u uy to be
n:asonable and rational and planned an d you don 't want any upstan candidates c,,ming in ~·ho upset
apple cans at the last minute. Bu~ that seems to be the American way, she said, and she ,.;11 probably
vo te against II .
Engle,MJOd City Couacil
Man:h 17, 1997
Page 12
ORDINANCB NO. 20, liERll!S 0, 1'97 (GJUNICIL lllllJ NO. II, DffllOOllal> BY CXXJN(Ut,jQ A
MEMBER viJRMl'l'l'AO) J ""' , ,1 'L I J 11·1, l() 11 rna
I! C l 1 • 11 I". f , \ 11
ANORDINANCl!AMBNDING'fflU! I. aarn!lll, BY'l'IIECRBA'DONOII/J'WONBW. • >
Sl!Cl'IOMS 7 AND I, OF THB ENOU1IIIOIJD MUNICIPAL COOi! 1915, JtBCi1ll)RINO APIIIDA Y.l'r
01' IN'IENI' l'OR WRlll!·IN CANDIDATES AND ALLOWING CITY COUNCIL, BY RESOWilON,
TO CANCEL AN ELECllON II' 1lfERE ,,._ NOT MORE CANDIDATES 1lfAN OFFICES TO BE
FILLED AT SUCH ELeal'ION. ' <
COUNCIL ME!\IJIER VORMITTAG JIIO\IED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 10 (II) (Y) • ODINAIICS JIO. ll.
Ayea: ~....., Vo,miaag. Wlgins. w...,.,..., Bums
Nays : COWK:il Nombm Habcnich~ Clapp
1bc motion carried. 1 1 ,
II. Ordl•-Raalatlaa_ ....._ n 't
(a) AJ!!>mve on FiJII lludiac
(I) Diia:lor ~..-1 ,.. 1 tiea fnlm Ille Dtpanmcn1 of
Financial Services 10"""". ,............_ .... for Dilm Sellen aad lliner:mt Vmdm licma.
M r. Gryglewicz said• appticmoll foe ii waSIO.UO aad will 11111 cbuge rmm 1ut yar.
The "'"°lution was asaigued 1.....,.. al-"'° title:
RESOUJTION NO. 41 . SERIES OF 1997
A RESOLlfTJON ESTABLISHING FEES RJlll DIRECT SELLERS AND ITINERANT VENDORS
LICENSES l'NDER 1Til.E 5, OiAP11!1l 5'.tOF 1HE ENGLE\11000 MUNICIPAL CODE 1985 .
COUNCIL MEMBDt VORMJ1TAG a,l'ED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM II (IJ (l)-RESOUl110IIUI0.41.
Ayes : Council lU::ml>m; Vorminag. Wiggins. Habenich1 , w.-. Clapp. Bu=
~·avs : Noac
TI1e motion carried .
(b) Approve on Second~
Then, were no additional ilcmJ submia..1 br .appnMI OL 51:COnd 11:ading. (S<e Agenda 11cm to (b) •
Conscnl Agenda. l
I l . f'-eneral Di1e1111ion
(a) Mayor's Choice
I. Mayor Bums advi,ed thal the °"'"""' Regi onal Co uncil of Go \'cmma,ts (DRCOO) meetin g will
be Wcdnescby nighl t\ which Ibey ,.iJJ be .. OCWLD g >gain lhc 2020 plnn for lhc Denver melro arc:,, He
s.1id thi s is an c:<trc mc ly important pica: JI. wort that they ha \'e been wo rid:1g on for years
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l!qlmlod Ctly Cowicll
March 17, 1997
P..,13
2. Ml.,w Bumllid Ill loab ~ IO ful1hor jap,11 ,on 1llo $outbJl/oldn)' lllldy. 1111 aid ii 1:1
wry imporWII lbll "'worlt wltb 1111 ciw.s 111d 1111 ~ !)II an.d,ny. He fodl ..,,_lama
lat liom 1llo bulimaol and llllluslrica thal ...... allallplina IO ~IC or lmpn,ye, lbal M CID lean,
l'rolll -,II atbot, aad tbll It 1111 way Ji19 wil1 lmpl•~•II a .......cul ~.di a-s,,.,, lllldy.
(b) Council Members Choice
(i) Council Membor Wipiu
I. lie Ilic! h WM ,eadiaa thc minulel oCthc HOUSU1g Autbori1,y IIIOlting or la.nua,y 29, 1997 wbcm
Le; .lelllw1Hf llll HJIIOricai Sod<I)' II quoi.l .. ll)'in. lhal they bavc cnaaacd lllo ICMC:CI of aa OUl!il IO
raise $750,000 llrtbo .-onli011111d naaYllion oflllo SanlalfpllcP.oL Mr. Wigiunskedfilr
conftnnalioe that Ille promiuory IIOIC 11 due to Englewood HouaiJla Authority in April. 1997. Mayor aw..-. allinnllMly, ll)'in9 tbat tbo Hlslorical Socicly .-a coosidcnblc -ol-r IO
Ur; Housillg Authority. That IIOIC, be aid, will be coming up for review, and one tbiug they are
pn.,,asu,g is, if they aclllally raise 11w amount of money, they could pay th>; IIOIC olf. MayorBwns said
they bavc llltcd Lbcm for "''"" iofanuliaa about UlCIC 11111d raising activitios aDd what lbeir plall is 111d
they ""' now waiting for thal information.
Council Mclllber Wigins asked wbot happens if lhcy do IIOI """' the April dcadliDc. Ma)'O( Bllllll said
they ~ probobly jlllt live them Ill -ion,
Cc.wicil Mcr.ibcr Vonnitlag said. fo r the n:conl, he arid two others will be doing lhat fund railing. He
opined tbat"" sho\Jd 1111111,we tbat much problem rai&ing the money within six lllOlllbs or so. He saiJ his
goal ii to pay tbo llto&siDg Authority debt rr.c by the end or the yoar.
2. Cow1cil Member Wtains said be wu OOIICCrncd lhat at lul Monday ', Study Scssioa, COUDcil
Member Clapp wanled to have a meeting with City Manager Clarlt and City Altom..y Brotzman. He said
he was lksignated at Lhc meeting 10 meet with her and Mr. Clari< and Mr. Brolzman and the meeting
DCYCr came abol!L Now, be said. he bean thal Ms. Clapp did DOI want him to be then:, but ..... tcd
Council Member P.al>eaicht in lieu of him. He said he oow wonders wb:u he has done to get Ms. Claw
up,et at him.
Council Member Clapp stawd that he has done nothing personally wrong. She feels she has dc\'Cloped a
rrlationship over the 13'1 y,-.ar with Cowlcil Member Habenicht and feels more comfortable with her. As
of Thursday , she said , 511c had not llCIIJ'd ::nythiog from anyone so 5bc ficu,crl no one would llavc any
proble."11 with postponing tliaL Furthermore, she •'lid. she had undc151ood that City Maaagcr Clarlt was
soing to be out of 10""11 this last week . She sa id Counc il Member Wiggins w:is welcome to sit in if he
"rokl like.
(ii) Council Member Clapp
!jhc said. in light of some current issu~ and some public input. she would like to dirca the City
llllomcy 10 draft an ordinance prohibiting double dipping and move forward al our nc.'11 n:gular SCSS10n .
2. Ms. Clapp said she thought ii would be a good idea if we drafted 311 ordinance that would require:
all orlinanccs coming from staff 10 be sponson:d by a Council person.
J. She sai d she has been asked by ·1 consti1Uen1 10 review why "~ have no-parking in some a=s.
In that she has not been invo lved in a:,y nerp.irki 11g areas in her service on Co uncil. she said she is not
Enpewood Cily Collllcil
MIich 17, 1997
Pqc 14
I "' l '(Ii') boo 1r.,fjn.l
rp 'I 'l ,lniJ~
I n'I
why y),, hffl lhtm 111d ...,....,'I _tlllspnlldmsi'1..,-I0111. 1uspondiflstliCoundl
Member Vormlllag. Ml. 0..,ald tllil fl primlrily tnlihll lM M&fi 1ochcloti1t "' ;I• ' "I'
1 OJ fJ 111 rf 11
Cily Managcr Cluk Did tlleRlt ....... bit a(hl8,y on tlllt. lie dlltlod to lllcllllale I meetlng'with Ms !
CIIIIP and the citi=. Ms. OW aid lh< -.Id like a letter with the bullet points as to why this came
about. ri l I
Council Member w.....,. Slid there are dill'crcnt n:asons for dftmtl ueas.
Council Member HallOllldlladtlill eaell onc of'lhaoe came•• M.Jl l ofpelltlonsfrom cltlzens within
the area. SIie sald 11,cy_.,._ Caancil and dlcn! -llliigbborhood meetinp and they came up
with ,olutiom for Ille,,....._, l!ICII-di!'...,. and,.. illililll•l'l>r ialdoftlS of the ffll.
f, 1,n I
Council Mcmllor Vonnitlll _, tlley wae fro,n Sllldent Jmldng daring the day and anolller ;vu sportlftl!
events. Thc:ywaeaOoclli.,,....._ ,I ,,
Ci1y Manager C.'lm 111d ther<llllld pmblbly pul IDFlhcr !IO!lle land of cnncise repon and send ii out 10
everybody OD the biClory OVC i!laiff.
4. SIie said lhe wa aslmd to ◄ somctJ,ing that came oat In a Plaruting Wrzonlng meotlns .
Carlene Wall.er mlCS lhal lht< City bas some kind al a labor Cdlllllld with her ~. Slandby. She said
she is ~Uy curious lo fiad -iflhal is lruc. She said she highly doublS iL
5. COWJCil Mcmbe•"CliliPP aid she~ lilu: to addn:ss some letters lil:tt hlM came from st.all'.
The first one was from Cn, Muagcr Clark dated March 13, 1997. Reading from arpreperec1 l<tter, she
said •1 do not agree witb 0...-Brotzmao's opinion concerning Article VII , Scclion 52 (g) and (b). I
believe it l\'OWd be prudeal ID 1t.'<t lllllllher legal opiftion on this matter lo protect the City of Englewood
agai1151 possil:le f'utmt lcpr lillbilily for violation ar the City Cllaner. •
Addressing Mr. Clari_ st,, czmtinaed -You na.. made ii quite clear that you endorse the concept or double
dipping pensioos II the City's"""""'""' I take c:,.11'Cme i...,. with your position. Englewood should pay
out only one pension per cil'.' cmpk!),:,c . Our city government was not designed to make iL< employees
ri ch.
Concerning Al Stanley'• -daecd March 12•. 1997 to you concerning the subject or' A!sistult
City Manager Position '. Sim:,.,. clme 10 send tllis memo to me along with your memo, I can only
conclude that you arc in o".!11 agr,anenl with its contents and tone .
In one instance AJ Stanley stl1CS 'I am nol interested in retirement and lh<"n being hired as 1hc Assis l:u 1!
City Manager '. In the very IIICXt scntcncc Mr. Stanl ey stalCS 'I might have been under dilfcn:nt
circumstanccS '. I ta.kc tt~ t0 oe:in that he would have enjoyed the opportunity lo take retirem en t and a
ci ty pay chcdt if oo one ...,-"4:! have object ed. Sounds a little like sour grapes to me .
Mr. Sbnic)' ,cems to objec,, -vehemently 10 my having the audacity to dare nsk any questions tliat
c\'c n to!.lch upon the issue at•'hat compensation would be paid to him in the cvcn l he is hired as the
A!sistant City !\.ianagcr. Ht: Slllles that it is 'mrot_ hypolhctiC!l ·.lnd a waste or time to answer'. Funher,
Mr. Stanley stales that my ccma:ms arc 'i ntcmal admi nistrative issues nnd then:fon: outsi de the scape or
counc il'.
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&&lewood City Council
March 17, 1997
Page 15
Any d•yau or lll'f Olher.,._ bead r,rapcao to-·•pooillaa iacilJ, .,_ ._..,._
well cwcr S100,000 a year to I IICW cmplo)'a. I am Filla ID• ci-ionuad plailr ae ..... MY
Council Member who objec:U IO ,uch queltiona la Jcrdlct In their duty IO the people wllo elecalld lbea.
Mr. SIIDlcy swcs in the memo 'lflhelc iaues continue IO be a concm, and inlaferc in die daily
operaliowl :,(Ille city, llleyCIIII euily be remodial 1. I rail IOam • mkiac~ ........... a
poalble IIW'f In lhe,1111p or lilt..,_.. for a pi'opllcd ,_ poaitba will 'inwfn la .. _.,
operallom of the City'. l'lulmr, wmld Mr. SWdoy am, to eL'lbolllC oa Ille wi1a1 lhral • 'ca lie mi!y
remedied'?
Doug. you no,· Mr. Slanley oor a,ry Olher ~lad~ for Ille cilizas of~ MIi ldl
me nor any other member of the duly electc,\ Council wbal i1 or ii DOI-..,_,, ,...... Cilr
busi-. COUIICil IIIIMl'I IO the cilizcnl of BncJOMJOd. DOI IO Ibo City Maaaecr-the S.-,0 Sen,ica
Manager. II is your job to comply with all lawful requests for information from Council Monollas oa •Y
and all matten concerning City government.
Doug. tho tone of Mr. Stanley'• memo WM imolenl and bordcringupoo ~ Not,..._
with simply delivering IIICb a foolish ud ill adYisod IWemen~ Mr. Slallley chmo lO ..__ Iii
contempt ror Council by copying tho endre ar.ty ,cmca lllff u wdl u all~....._ Bia iaat
by this action is clear, Mr. Stanley wants to encourage insubonlinatioo and c:ontempl by Olllc:r ml'
members.
t am astonished that you lacked the good judgment nca:ssary to c:oonsel Mr. Slallley agaiaa ---. a,ci,
a diatribe. What's e>-cn more utonishing Is that you endoned it. Doug. have you forgonea •lo,.,., 1'UI<
for? You were not hired to tell the Council what to do or what to think. Your actions insult die citizms
or Englewood and bring disgrace 10 your ollia:.
Doug , I want lhil reply included in your peno-i file and Al Sllllllcy 's pcrsoad file alcai 1'illl -,.r
and Al Slallley'1 original memos. See to it that this memo is distribural ID the s,me people .... oca:iwd
Mr. SWlley's original memo, all City Cooncil ,ncmbcrs. dopartrocnt directors and Smy Sa-nas ..a:.·
Ms . Clapp said she would like all of the documentation to be entered into public n:c:onl.
(Clerk 's note : Documcntatioo includes Response to Doug Clark from Council Mcmda Cbpv.•tad
March 16. 1997; Memorandum to Mayor Bums and Members oft},, City Council from Doo,gOadi. dad
M..n:h 14, 1997 ; Memorandum lo Council Member Lauri Clapp from Doug Clark. dated Mvdio 13. 1997;
Memorandum to Doug CL'lrk from A.F. SWlley. dated March 12. 1997; E-Mail Message ID Gt,> Anomcy,
City Council, and Ci ty Manager from Lauri Clapp, dated March 11 . 1997.(
(iii) Council Member Waggoner said to lca\'e him out of the loop.
Council Member Wi~'lns said "that makes two ."
Mayor Bums said he would like to comment on one thing. Regnrding Council Member a.w·s rcqacs1
that ordinances be sponsored by Council Membcls. he sai he has oo idea how far that ,.;n IP-lt s,cms
there are an awful lot of ordinances that come from staff that are administrnti\'e anc ; .,..,sckceprng Ho
expressed con::cm about the volume of meetings and phone cills that would have ls I,,: dcac ID F'Cf'le
that kind of a request . He said it seems mind boggling .
~01)-o-cil
Mardi 17. 1"7
liJnt,o:, ·tu'J .t:..orn:,Jijo 1
~ P, • 11.M
Pagol6 I 11'1
Coalll ...,.. ..... aid ii ....,bonal -,pie, wsclmipaone, wsllkehlml, -wcdtyou;ve ,,.,
pll,-..n-w .. 11. lo'-llll,lleald,,lliaal.dlis-ilricil<ulaa I
13. a,,....,.,.,..
J' I( .J/10
(1) C-,.._,..O■di Rpo,llld• lll■-""Cindcrdll Oil)'.• Ooewlhe tiplficu~
cb■ngcs Ina• .... be 111d. ii 111■1 be -•willl the ..iopcr lut wcdt and. giwn lbol be ;.babilld
odle6ole..., rs,·a11 llad .and llaliaaDevelopmcnl swh,ill 1,o,_;ag wilh bbn lhis,m ud will
be rovisiag ,_ st,edulc. As IOOft u ii ii available ii will be senl oul In lhc Council packcls.
Additioa■lly. ~ devdapcr pRIClllal a pro rorma in about early 1995 and. be said. wc have r,qUCSlcd lha1
lhc pm .............. '11111>~ will lab pi--w. next wed<. Furlhctlllore, be aid, al
lhe last ...-.gwillt l!qaillllit, dler l,-i ID.., up lhoir ldivillcll wilh rqlld lO 101110 of lho 1-,•
.....,._.__ l'llanlN _ ....._ Moollgome,y Wards. LcaoCnfta11ad101DO iype oromc.
upllllle. '
Cow!cil Mm1bcr Wagoacr asked when lhc revised agn,emcnl wilh Equitable will come forwanl . Chy
Mlmpra.lt oapaa,lod 111■1 Mib Miller 111d llleir locol lltDmC)' an: llill wonting on itand be haa not
beard aa,111i■atillol i. -it. lie llid lhef bad a llOSlion and Ibey were wonting oa eome mision of
luplp ad ---titM bat..., ,nn&cd 10 got Iha! done by mid-April. He said Council will ga a
filU revid-., 11111 a Scudy S..... will be scbedulcd.
Mayor a... aid ii is very iJIIIIOfllDt lo move Ibis along now as \\'C an, 31 lhe poin1 now where we can
mate,.-,_,......._
Council M<at,er Habcnichl said. wilh regard 10 our discussion wilh lhc people rrom Soulh Subwban
about bia p■llls, Ille -1d lib ID llave samellling ollicial oa lhe record io rouow lhrough oa lhal
~ • --Oanmaulh ClllllMdiaa be lbc very DCXI one. She said \\'C have been pulliag a lol of
money -... Ir.Iii ud so -.. our people really dN 't h3vc aa:css ID it Tuey seem ID be williag to
tu<: that Oil ad IDl)tJc we need lO sciu lhc moment and whatever needs 10 be done officially . she said,
she MXlld lik to ba,-c on lhc wnoen rcainl lha1,,... an: Jll)ing to go ahead wilh lhat.
Council...,..,._ Waggoner asked iflhat is in Ibo Consclvation TRIS! Fund budget or whcthor wc h3vc 10
ba>'C. -OIi lhal.
Cily MaaprC!ait said he would cbcclt OD lhal. he though! ii was goiog lO be brou ghl forward DUI orlhc
Co........_ Tn.st Fund.
Mayo,· Bunr-. aimmcatcd lhat be thinks it is VCl)' exciting lhal Ibey arc wonting on lhis and lhe 0U1cr
?rDjcct .,,.., be is very pleased lhey arc moving ahcod on bringing 1ha1 bike palh down 10 U1e Soulh Plane
Rh-er and aaoos lO lhc bike trail.
Council Member Vormiuag asltcd. regarding lbc Study Scssio, agenda. if lhe Soulh Broadway Action
P1aR al baen suliicienUy co,-crcd or ,.-bclhcr ii should be covered again.
City MDog,cr Clarl< said he wllnltd 10 wk 10 lhcm a lilUe bil more nbou1 enfora:mcnl posture and lhcy
OC\'Cr ~ &Ol lo lhal. allhou1ih t'1cy provided Ille process . There has been discussion between staff and
•
•
•
•
Bftllcwood Cily Council
Man:b 17, 1997
...... 17
IOIIIO "'tbc Cowlcil Mcmben, be ald, and fed, ii rally .a'ordo 1'1111 c-;J -n U ID what type of
enl'DRlODICIII pollllre lhey lhould 1W with the South Broodwly Pia
Council Member Vnnninag said he -.Id Ul!e ID Fl 11111 oa aontbcr Seody SmicJa agenda u soon u
poaible.
Mayor Bums asked, since it is coming ID III tl11ouflh the public hcarilla ,...,... uyway, if we .,. ge1ting
ahead or the game. City Attorney Brownan ,·:pil.al tbat it came ID dlaa dlnlugll Planning and Zoning
and !heir next action will be ID support the 1eooh1tion or~ iL nae is no p,blic hearing roquircd on
Iha! resolution, ii is • first step in the pnxea DI 1.oing a variety of adla ordimDccs thal will be coming
forward. he advised. Planning and Zoning hll'. :.bout thr<,e public bcarinp oa tbal issue.
Ma)'or Bums fell thaL before we get inlD cnfo1,cmcnL ..,. have ID laKJw wlw -are lrying 10 enfon:c. He
allowed Iha! City Manager Ciarlt bad been concerned in that m«ting tbal --. "' much on !heir
plale Iha! wc couldn 'I really finish it all , and Indeed WC didn 't have IUK ID pn,perly address lhal.
14. City Atlornty's Report
(a) City Anomcy Brounw, said be has bad a....,-6-Couacil Member Waggoner 10
updale lhc recycling ID place more of the bun!cn on lhc 1'Ulc hauler. ,_ than the citizen. He said he
will be doing a r.:dr2ft or tbal ordinance. On COW>cil dirccud ordinaDas. lie said. which would include
lbc two new ones, !hose have to go to a Study Session and have a disamila II! Council before Ibey are
pul onlo lhc agenda. He said lhcy will be drafted. bul they will be oa the Sludy Session agenda.
{b) He asked for aboul fifteen minulcs in Executive Scssioa afta tbc regular meeting to
discuss negotiations with Home Lumber.
COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO GO INTO
EXECUTIVE SESSION FOLLOWING THE REGULAR MEETING TO DISCUSS HOME
LUMBER NEGOTIATIONS.
Ayes :
Nays:
The motio!l can icd.
15 . ~djoumment
Council Members Vonninag. Wigg,m, HabcnichL
Waggoner, Clapp. Bums
None
MAYOR BURNS MOVED TO ADJOURN . TI1c meeting adjourned a 8J5 p.m.