HomeMy WebLinkAbout1997-04-07 (Regular) Meeting Minutes•
l. CalltoOnkr
INGU:WOOD CITY COUNCIL
INGLEWOOD,AJIAPABOICOUNTY,COLORADO
ltplarSallo•
11
April 7, 1997
I 1
lr:u11 ~.,, >' ">b•·
ee1, lnql
! ~•'I
Th< regular~ of the EaclcwOOd City Couacil wu callcd to order by Mayor Burns at ':40 p.m.
Th< i,rvQQtioa was given by Council Member Wiggins.
J . P1Hs-al Allqi111tt
Th< Pledge of Allqiancc-led by Mayor Bums.
4. R.ollC~
Absent
Council MembcB Clapp, Wiggins. Hlbcnich~ Vonniuag. Waggoocr,
Burns
None
• A quorum m11 prescnl
•
[Clm'.'s note: The District I Council 5031 is vac:ll1t due 10 the n,c:111 of Council Member Hathaway by a
majority ofthc VOIC at the IBDUllj' 14, 1997 11=11 Elcaion.[
Al so presen t
5. Miouu:s
Actin g Assi.swll City Manager Stanley
City Altomcy BroLZman
City Cleric Ellis
Dir<ctor Esterl y. Public Works.
Engineering Manager K.ahm
Director Grygle11i cz. Financial Services
Director Fonda. Utilities
Director Black. Parks and Recreation
(al COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO
APPROVE rat :YIINUTES OF m£ REGULAR MEETING OF MARCH 17, 1997.
Mouon carried.
Ayes : Council Membcn Vormiuag, Wiggins . Hllbcnicht. Waggoner, Clapp,
Bums
Nays : None
6 Scheduled Visitor,
Tnere \\Crc no sc heduled visitors .
lnslewood City Couacll
April 7, 1997
Pagel
7. Non•1t.hedulH Vlslton J -f -'H WJ ,;w
)IJ j{)flJ I .II, ( ')J ) I
(a) David Compton, EngJc,,oad T...., 92, SIiia! 11W for a Jong ti111c their troop has been
using CenlelllliaJ Park Lake for their sprias...,. mining. He DDIOd illll basically the policy has been if
Ibey clean it up Ibey an use iL He said dlcy Mft -.dcriJlg if Council would agreed to allow the:n to
use the lake apin this spring.
Mayor Bums stated that he thought thal was ia die !hands rL the Parts and Recreation Department.
Council Member Wiggins noted they have dac lliis'bdme, although die troop nmler 11111$1 c:oltlc forward
with an imuranc, policy that covers evayt.lliDg Dl!ICll\'Cd. This has been done in the past and Council bas
approved iL He advised Mr. Comp1on to cboct -bis scout maslcr and have bim come forward will\
the proper fonns.
Mr. Comp1on commented that then: is a littlc sip mp there that says this lake is sponson:d by Troop 92 .
Council Member Wiggins noted it couJd well be. JI 1• ·,1 1
Mayor Bums said he thought Council Member "livns ,.,.. right and he advised Mr. Compton to check
with bis scout ITlllSter and make sure be Im 1k....,.. paper "m. Mayor Bums be doesn 't sec when:
they ""'1ld be a problem with it.
Council Member Vormi tlJlg 513ted he fdt dloy -jmt lei Dim:1or Jemll rllaclt handle it more or less
and make SUI< they do ha\'e the coma pap« wmk.
Ma\'or Burns noted that Parks and Rccrc:lliaa °""'2or Jcm,U Black was in the back of the room and that
he could assist Mr. Compton in coo~ 1h15.
Council Member Hnbcnicht stated thal she -.-=d ID compliment this young man . She pointed out that
this 1roop has sent an ambassador 10 ask b dlis:and set u in motion C\'cry year. Ms . Habenicht
commented that th is young man has bad tllc ~ 3Udicnce ID deal with .
Mn yo r Burns thanked Mr. Comrton fot CDIDlllg_
8. Communications. Prrclamatiollf __, 4"Ppointmmu
(a) A proclamntion dccl3nng the ,nonth of April . 1997 as Fai r Housing Month in the Cit)'
of Englewood was co nsidered .
COUNCIL MEMBER HABENICHT MO\'DI, AND IT WA.S SECONDED. TO PROCLAIM THE
MONTH OF APRIL. 1997 AS FAIR HO USIN G ~IONTH IN THE CITY OF ENGLEWOOD.
Ai·cs : Couaol Mcmbm Vo nn itlJlg. Wiggins . Habenicht. Waggoner. Clapp.
Bums
Nays : Noec
Motion carried .
(b) A proclomouon dccbrulg A;>ril IS . 199 7 35 Arbo r Day in th e City ofE nglc\\Ood '""
consid ered
COUNCIL MEMBER WAGGONER MO'l,"l:D. AND IT WAS SECONDED, TO PROCLA:M
APRIL 18 , 1997 AS ARBOR DAY IN THL CITY OF ENGLEWOOD .
•
•
•
•
latltwood C11y Cauacll
April 7, 1,,7
hae3
l,n
Ayes: Council Members Vonniuag. Wiuins. Habenicht Wau-r, Clapp,
11 .tnu r,
Ji Nayr.1)11
Molion earned.
earns «, f , 1,, 1
_, Nole II
Maror Bum, prasenltd die proc!amalion to GolfCoursc 5,ipcrintcndml Dave Lee. Mr. Lee iiMICd
Council and citizens to the Arbor Day Festivities on April 1g~ rrom 1:00 p.m. to 3:00 p.m. at Cushins
Park .
(c) A proclamation declaring the week or April 13 Uirough April 19, 1997 as t-lational
Libr:uy Week in the City or Englewood was considered.
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO PROCLAIM THE
WEEK OF APRIL 13 THROUGH APRIL 19, 1997 AS NATIONAL LIBIIAJIY WEEK IN THE
CITY OF ENGLEWOOD.
Ayes: Council Members Vormittag, Wiggins. Habenicht Waggoner. Clapp.
Bums
Nays : None
Motloo carried.
Maror Bums pn:scr.ted the proclamation to Library Services Director Hank Long. Director Long iJ1med
e,·e~-one to all die woaderild resuvities during National Lilmuy Week. He SUlted that John Fiddtr, noted
photographer and author. will be here .
(d) A proclamation declaring the week of April 13 Utrough Apri l 19, 1997 as Crime
Victims' Rights Week in the City ofEngJe,,-ood W3S considered.
COUNCil. MEMBER VORMITTAG MOVED , AND IT WAS SECONDED, TO PROCLAIM TJlf
WEEK OF APRIL 13 THROUGH APRIL 19, 1997 AS CRIME VICTIMS' RIGHTS WEEK n;
THE CITY OF ENGLEWOOD.
Monon carried.
Ayes: Council Members Vonnillag. Wig&ins. Habenicht Waggonu, Clapp,
Bums
N~'S : None
MJ1 or Bums presented the proclamation to Victim/Witness Services Coordinntor Susan McDo1111<II.
(e) A proclanuttion declaring the week of April 13 throu&h Apni 19. 1997 as Engle\lood
Tciccommunicators Week in the City of Englewood.
COUNCIL MEMBER WAGGONER ,1OVED, AND IT WAS SECONDED. TO PROCLAll\1 THE
WEEK OF APRIL 13, 1997 THROUGH APRIL 19, 1997 AS ENGLEWOOD
TEL ECOMMUNICATORS WEEK IN THE CITY OF ENGLEWOOD .
Ayes : Council Members Vormittag. Wiggins. Habcnich1. Waggoner. Clapp .
Bums
Na~s: None
Mouo n c:u-ricd .
~L,~or Bums presented the procla1n.1tion to Safety Services Commun1cations Mnnagcr Rob Aodrewt.
n,
Ill
0
l!a&t<wONIClcy~
April 7, i,97
1111111, > 11) l,oc•A''Jl~n-.f
l'"! "lnqA r .,.,
P•se~
i M .lt In II
(f) COllllCIL MDIJIER VORMITl'AG MOVED , AND IT W.AS SECONDED, TO
ACCEPT WITH HD' .UGUT HENRY GALLl:HER'S U:TIIR OP U:SIGNA TION FROM
THI CLEAN, G&EP AND PROtJD COMMISSION. t
Covncil Manber v..,.... 118:d 11111 Mr. Ciall!ICr hu .ubd ,e,y hard on tho Clean, Gnocn and Proud
Commi ssion .
Mayor Bums ..........t that be was also sony to see Mr. Galleher resign , that he wa; a very dedicated
member and,.,,..,, app,ecia his servlcu.
A~ Council Members Vonniltag, Wiggins. l!abcnich, Waggoner, Clapp,
Barris ! Ir ll
Mori on carried.
9. Public BariaC
(a) COUIICIL MEMBER VO RM ITT AG MOVED, AND IT WAS SECONDED , TO
OPEN TBE P11llUC BEARING TO GATHER CITIZEN INPtJT ON THE PROPOSED
CONCU:Tl:-trranY.
Al"" CoudCil Mcll1bcn Vo1111itta11, Wiggins. l!abcnich, Waggoner. Clapp.
Bums
~ None
f,.;01ion carried and ._ public bearing opened.
All testimony ,..., P'"" ander oath.
Publ ic '.Yorks Di1'dllr &.rly p,aen1cd Ptoof of Publlcatlon of NClicc of Publlc Hearing which was
publi shed on Mazd, 6. 1997 and March 20 . 1997 in lhc En glewood Herald . Ile noted that this is a project
"" have been ~•for a large nwnbct <1I )'CIIS. Se,,:r.11 ye:in ago Council em barked upon J
program 10 upgr.,de the JIPPC'1C1DCC of lhc Ctty and lhal included• program that id en tifi ed defi cie nt
concret e lh.roughoar. the City . He c."pl aincd that maintenance of co ncrete. wi1h in the pub lic right-of-way
in the City of ~-ood. is cum:nO y Ille respo nsibili ty of 01e odjo ccn1 propony own ers. A lorge nu mber
of pro po nics wcrt idenmied as "" \\t:nl through Oic process of U)i ng 10 upgrad e 01c ')stem in lhe City .
He noted that the aapitude oftbc problem,..., such that the City created a series of special improvement
districts j ust lD dcaJ •itb the a>nccms . Din::cto r Esterl y po in1cd out tl i:1t these distri cts we re not form ed
\\ithou 1 considrnllle dis;cJssion and CoWICll commiued. during the forma tion of those dist ricts. to look
fo r J better "'a} to J1J.1Ctain concrc1e throughout th e City . Main tenance of concrete. p.1n.icululy
infrastructure coaae:e... is the ~ns1bili~· of tJ1c Ci ty and it \\i ll rema in that way. Also . he noted. th e
City is looking a1 -ns 10%o< the 9CCOaLuy fro111a gcs throughout the City . He po inted our 01at in
tal king about tbc Cily :tlSSUllli ng ll 1at r,sponsillility. that tha t would be ossumed with G,ncrnJ Fun d mone y
1h01 is co ll ected tbroa¢ ia...es. The infrast racturc concr<tc that the City would be rcsponsible fo r consists
of curb rctums a Llllitt5U:tions. cross pans at SU'Cci s and alleys 1ha1 arc used for dr.1in.1gc. al l.::ys th at :i re
co ncre 1c p.1\'cd. the encnnccs to all eys 1hat i re conc ret e an d 1hc con crc1 c lh:u is 3SSOCm lcd wnh Slonn
wate r 1mprovcm::ns. ~ the 70-/4 of scco odary fronta ges that go wi 1h 1hc rcs 1dcni's propcmcs
tl uougbout the C ~ TilC co mb ined rc pl:iccmcn t v:tluc of bo lh publ ic and privntc con crc1c throu ghoui the
Ci~ is esti0l3tcd to be !2.6 aull io n dollars nghl now . Under the prese nt system. Pub lic Works
pc nodJcal ly ~-.lop< a fi st of subst and3rd concrete ond we fon>0rd !l1at list on to Ci~· Council. Coun cil ,
he sai d. no ~ aud:cnzcs the mailin g of dcm.1 nd lcll crs or m.1y co nsi der Ll 1c fon n:llio n of a special
im pro\'cment dtstna. The prese nt system has work ed rc:isonob l~· well fo r mnny yc.1rs as the concrc 1c in
the resi dential :llld CCCll!ICroal oc,ghwrhoods of EnglC\1ood hos been objecti vel y 111.111110,ncd in good
"
•
•
•
l ■llewood City Council
Aprll 7, 1!197
Paae5
Duo:) t'l b.~N')lun.]
,.. 11 1,t1r,,,.t • ,~,'I
a,n..lition . q1"9or Esterly SIited that lhc principal disadvan1agc or the aamn1 sy-. is 11111. CXlelldal
paymcnl plans 1101wt1lislanciln~ pn,peny owrlffl aroUablc lbr ...,.1,ery Cllldy rcpus. Ho~ out
that l'tequcnOy !hole repair,~ demanded••. a time 11111'1 i1o1 otlhe p,apeny _,. cllllil'I. ~
Ellcrly 11111Cd 11111 lhc ~ of Public Worb It pn,pdllng rcpl_. ol'dlo .,._.,... will a
Concr<1e Ulllity . Undct ihlt propm lhc pn,peny owrim pll1Jcipate by ~g aa .--, Ille. The
proposed program p~dcs1propeny owners witll lhe advan11ga ai buically a-.-IIWlp plu Ill
the evenl Iha! their conc"1e delcrio11tc11 to lhc point when, It 11llJII be~ iii die...._ T1lc
Concn,IC Utility Program includa an opl OUI provision, I pn,rition wim. ......,..,, -cloct ft:,( lO be
pan of lhc ulility. He stated that a property owner could choose not to participate :n Ilse prou,,m II all.
They "11in the option orbuying lhcirway back into the program au lhllue date ;Ille!""--Thcopl
out provision docs not n,Ua,e die property owner, or linuclal raponsil,elily lbr ~, dleir
conc"1e in lront or their pro\,erua. Di=or l!sicrly IIOled that they line ~ • pn:,cnm tbat
basically asscsscs rolks based on sqll'1t'C fbotage or a,iimte cart,, ptter aw.! ....., m -ol their
properties . He C.'<Jllai ncd thal they an: proposing 11111 the arility ~be~-
adntiniste"'1 by the Public Work Dcparuncnt with collection assistance &om thc F"i-,, Oepa,1ment,
Ci ty Allomey 's Office and tljc Utilities Dcp,nment u they have mcdoods in pl=. 1hctt arc
approxl ma1ely 11 ,000 properties in the City ofEngJC'MJOd and tlley'sent 0111 mailings., 9,6Sl i.Ddivtdual
property owners . About 300 of those. just:lbout J%.,..,. returned as~ He a.lvl,ed 1h11 they
n,ccivcd, during lhc ~ wedis since lhey sent out that nolicc, about 108 plaR c:alb. ~ ER!rly
stated that 36%orthose phone calls were in favorofthe111ilily and 21%wen: oppc,,-1 ID 1k lllilll)'. 43"
woro intcn,sted in mon, information and won, basically imcommined as to be'.111 ill i.-., apposed to the
utility. They also rcccived only 5 !Clim, 3 in <avor, I oP!JOt'd and I unconmiillcd. Hz: alwilm lllat lky
have documented all or the phone calls they h:M: received over time, and if any one .. Caacil -.Id lllce
to receive lhc comments they c:in provide that. Dircctor Esterly noted !hoy bne a --ii
available 10 am·one in the audience 3nd Council has also =ivcd all of that infunnacioa. Re -.I that
the schedule r~r this progrnm ls th•t Council n:viewcd a draft propos:u at a Stt,dy S..... .. December
9•, on Marth 3~ they pr=nted a ordinance that sct the dat e for tlus publ ic bearing. f'c advised that
should they proceed ,.;,h the fonna1 ion of the utility, and if the ordinance is in full fo = md effect by
Junes•, billin gs for tills program \\'0uld be gi n Jul y I. J!)<l7. He noted~ is infonnatr.1111 in the handout
that includes tl1e flyers that they mailed out to everybody . He po:ntcd out that then: is a pllonc numbe r at
the bouom of the page that they moiled out to C\"trybody . If they need mo re informatioe li,ey c:u, c:i ll his
office at 762-2307 . If people ha\'e particular questions about what thei r lin.mcial obli~ miy11 be
under tl1is utilit)"c they c::in coll that number and"~ crut gn~ ll1em an est im:ite or wh:i1 lller fees wou ld be
at this point in time. Of course. he noted . iftbcrc is ;my dispute about those recs in the ~ iftllCy
would go into effect , this would be the same office they 111lll id need 10 taJlc 10. Director E.sle,fy
comm ented that tlicn, is also a pic1 un, in tl,e package that sho\\~ what dilf<mll kinds of amc:me a ub,
gu tter and sidewnlk e:<i sts around 1.hc City an d tha t infonnJU On is avail able to the pub;ic On the back
sid e of that th ere is :moth er illustr:uio n 1h.1 1 sho"s what d1c Ci t)• contribu11on is ro r cornc:-prc-p-.-ni~ So ,
he sa id. in addition 10 the words that go al ong with that there is a pictun, that talks about that :md the re is
infonna1ion on \'Oluntary non•p:1nicip:11i on. Sh oul d so mebody decide not to want 10 panicipruc in tJtc
program. that information is in the pack:t gcs that :1 rc l!J ndcd ou t. Mr. Estcrl~· st:ued Lh:u: ifa~body is in
1he audience that docs not ha\'e n pnck:tgc and is inte rested in one. if they \,ou.Jd raise t.be::r h."U'ld. Jerry
LanC1Ster from his Eng in ee rin g Slaff h.as plent y of copies to ..,ass out. He s;ud he would be: giad to an swer
any questions.
Mayor Burn :id,illied Coun cil will question Directo r Esterl y :md !h en e\'ery-one in the :ttdena: >Ad i have a
chance to tal k if th ey wa nt to .
Mayor Bums asked if. from lhe comri.cnl •i nnd letters and so ronh thal they g<>1 back. ~ s:nr ~ pattern
of 1he level of unde rs1a nd ing of th e publi c. If there wns co nf11sion abou t how the program •-oa:Jd work or
if there was :tny pank ul nr consensus rc.,c hcd. Oircc 1or Es1crly s,:ucd th:11 people c.i ll ed 311d bad very
II nu ) i1;·1 ~•• w,l,:in
n•1 ,r lnqA
! 1'1
h ' I{ ,pe::!ic qualioal ..,_•~of hems aad maay olii,oso pcoplp wat ooacamminal1 He noced that Ille
b•......S ar., pllcM calla dial we bad~ IO lbc 9,651 maillna,, that we sent out, is~ very 1w;1
pcn:,,:,aae. lit Did•• lllr u lbc Olllu p,.00, you CUI_,,,. JNbale\!f you wou'1 llkc '!I IO, wlicll';er
~ ~ iL D'-lillerly commented lbal lhl; Oyer I/ICY sent oy~ ~ Prcfll' st!f "nl'/•natory . ·
This.. !lo DOied, is ....i11iJ!1 11111 we ha\-e i!lcn lalklna about for J number of yem. lhllt \hero a,c a l4'le
oumllcrofp,oplc 11111 ... 80W1I up to""""' laaial!L bul CCllaialy IIOl 1,l)OD. He no1cd.lhal be also ~ve
COIIIIICil a blalkdowll of die ll&URS before u IO bow Ibey Cell Ibey were l1Jl)Jling .
CDWDCil Member Habcaiclll asbd Director Ellcrly lo explain, if sbc wm In participalc for lwn or th~
ye:w.. all of a lllddeo Mr COIICRIC di5imcgnlCI, '11c bas put in '75.00 for the lhrcc years and when the
wad: is done docs lhlll manYG" Ill 1oioa to charF,l!cr 111c wbolc amount. but she would have $75 .00
mllll::od from her bil~ ar as th.'l maa ~ -.Id pay for Ibo )l'balc 1111111W1I. T/irector Emrly llaUd thal
the Ullll2<IC Utility l'fOIIIUI would pa~ for I.be wbolc amowu of Ille conc1<1c r:placcmcn1 and ii ,-ould be
<:<pdtd thal _,. lllc lilc of lhc concrete the money would be collcacd in the m .oo per year 1ncro111cnl5.
Coumcil Mcmllcr Hallcaicbc ukool IJoi,· thal -.Id work for somconc who bas t •i nc for three Y=S withou1
p:,raciplliDa and tm8 ail of I sudden lhc COIICRIC IWU 10 diWIICV,UC and they decide 10 opl in \O this.
Du=ar Es1<rly explaiaed Iba! 10 opl back inlO,thc p!Olfllll ~ pc,son would have to b;wca!Jy ~ back ~
pa)1:DCIIIS tllll bad DOI beea madc. lhq· ~~da't be in~ blal the)' wnpld have b=n 0111 oftbe S)'iWII.
He S1Dd lbeR is a pqo i.D Ibo bandoul5 that ~,!hat and ii is c:;llled "Voluntary Non-Panicipation
P""1Uion. • TIie key (anin:s of the pnn'ision ;ire thal you would have 10 bUJ back into the proarum,
00\>C'ef bdcn you Wllllld bo allowed lC' do th"I you would have ID bring up all of tl1c concro1c on the
propcny thal was below SIIDdards at the time that you wish 10 &el baclt imo tlic system. Council Member
HJl:cnichl said lbea if ii ..... di5inlcg,ated I would llavc ID fix ii first and Ulen I could Fl baclt in the
prog:mn. Director ~y aa1ed you 110,!ld be required ID fix the a,ncrc1c. mal<c the back paymcnlS and
thC!tl cuerthesyscem.
Co=cil Member Vonniuag asked ho11 much 1his i• going ID .:OSI for tl1c arcr.igc size house. not counting
lhe o rner lots, per year ud bow arc lbosc P,)111CDIS =de. Director Es1crly ad,iscd that the avera ge
rcsid!:nual propcny wouklbe making a pa)111Cn1 nfS25 .00 per year and th:u 11 ould be sp(1'ad ou1 orcr
qua=ly paymen15 llw would come 1111h the 11,i1cr and sewer bills , which ore also done on a qUlltlerly
basi,i._ So. basically, alter lhrce months c:ich property in the City would hare rocc i"ed the ir first billing for
one quarter of the S2J .OO annual bill. Council Member Wiggins commented tlial would be $6 .25 a
quo=. Council Member Vonniuag sai d thal "ill be every lhrce montl1S . Diroc1or Esterly staled tha1 was
nghn and that of cowse it is more if you lwvc i1 larger lot or a comer property and commercial propert ies
..-ouJli! be significantl y more
Re:p;,-ding the comer 101. Council Member Vonniuag asked how much lhc Ci~· is gait .~ to cltip in for 1hc
i;:r.s:m "ilo Ii"' oo Uk. comer on 1hc J\cnuc side. which you Jol)' is the .... ond:uy street Director fa'tcrl y
ad\ tsiCd that l. . City would be ch ipping in wi1h 70¾ ol fund.; tlia1 are rniscu 1hros gh gcn c,,1 laxes.
P=pation would be splQd oul. bas ical ly all propeny r,wncrs 1hrough ou1 1hc City would ,,. paying for
the '10o/. side. Which. he said. is t)1nc:ill y tllc a\'cnucs Li1a1 1hc propcni es do11 ·1 ac1 uall y fac e, don ·t front
t-:: 'Q
Coumci l Member Wi gg.ms prcsc n1ed 1he sce nario that he would jo in ;he progr:un . comri bu1 e four yc.1 rs ,
and "0U co me by and say his con crete docs no1 m~I s1:uu11 rd s. 1h:11 you arc go in g to repl ace ii. You
rq:imtc it and he has paid rough l~ SIOO O\'Cr those (our yea rs . Th en th e nex t ye.J r he pays ano1hcr $25
and ,jccidcs to drop o,.u, bccl~ hi s concrete is fi .xcd and he is in good shape . So about 17 yc:i.rs down 1he
rmc: )'OU come by a~.d say his concrete b is gone ap.an. you need 10 fi x it. to bnn g 11 up to sta :idards .
Cou:nol Member Wiwn> asked if 1hc s.:cnario would be tlia1 he would hare 10 bnn g ii up to sta r,~ords.
l'l&q
tt.r!J
•
•
•
•
•
ln&lewood City Cou11tll
April 7, 1997
Paae7
I''"' 1 111"J t,oow•,1,n.1
·eet; lhqf.
Ii., ....
pay back the put 17 yearJ""' then he -,Id be bock ia Ilic,..._ ~,in. Dinoc:IOr ESlerly said that is exactly correct. ,r .111.,1, , l1 ' ,: it 1 hru;
111 A 11
Director Esterly asked lrhe could go oa. II 1h11 ..,-a.....,, 1"'Jr ,~ !he aadierr.,:e, He IIClle'd
1h11 In l'acl a propc'l?' owner bu a dlllmlll optlolt, dley ca lie• rJltbe~ and tlie)• can choo9e to
go ahe3d and fix tljeir concn:le tJiat's lbeir obllplloa llld •jliiala:l-imD ~ progrw. Oil'CCIOr l!sterly
pointed out 1h11 ii 11 'Fer f11'1Ddalory tllat you eoicr bact i. 111!~ '
Council Member Vormitta& askm if this can be conslderedai-·lik • lnsurnnce policy , that ii cosu
you basically $2.1)0 a "'°"th and its always being repail<d by die Ciry. Dim:tor l!sterly said he llhs the
conccpl ofl Christmas Club or a savings plan l'llller tlwJ iawace. Mr. Voi'miilag said it is no.. :ll.'"l.·
JOSP011Sibility uymore, tbal the City will llkocan:ol'il .-..111cy..., i.. tllepwi. lrthoCity 1;,.,;,-,
needs 10 be rq;laced they go out and ropiac, it and th= will -be I llill bccuso you will be p:,d ,ig 11
every throe mon~ $6 .25 a quarter. Director Estorty !Illa! 1111 iii coma: '
Mayor Burns noled, u Council Member Wiggins poiatod -. .._ llllda-die pn,sem progrnm. if it wa:
noc changed. you ~,i have ID pay for your own CODCfflC ay,,aj'-DinoclDr l!sterly advised tlw is
correct. that c:umillly each property is oblipted ID mlimia lkQIIICl'm !bat is in mint nftheirpropeny.
Mayor Burns ~tcd tJial that may all come in oae hllllp -•--dlao ls a pojJtic vote ID extend it
out and bond it Mr. Esierly ml<d »e are kind ol' taWac ai--11ae ral nepti\'e ases where the City is
coming around 111d telling you ID takt can: of it Re~•--11)' many ol'our ciilzens
throughoul tJie City do a &oocljob ol'jusl t,'•Jag cire ol'rllar ....._ ,_ d>eyknowis their obligation .
on their own~ the City is never invol\'ed. Theo~ time die Oily IJe:maes iltwl-.-.d rigln now is where
concrete is allO'A-ed 10 detcriorale ta the point where il ii I llazad .aad C. we feel UW we have to step in
and do something about ii 10 get it caught up. But IJ!· and larF, .. smc:d. the mejoril)' of propc ny owners
,.;thin the City ofEnglewood do a good job of laking can: ol'rkzr concn:lt.
Mayor Bums n01cd Uuu . say if your concme detcrioral<S io ra ,an. ill IO yeors you would only pay S25
• yeor. which would be $250 and most of the concmc bila..., a lot big,:r than that. Director Esterly
stoicd Uuu the typicol rcside1otial bill , if you repl ace the Clllin: ltmage_ mms outto be S1500 . He noted
that is a big bill to get hit with all 31 one limt and perhaps soaalaiDg ,.., hadn't planned on . That. he
a,l\iscd. is typicolly the largest cona:m "~ hal'e . T1l3I pe,op1e-•1 necossarily object to the tiict that they
arc responsible for maintai ning their concrete. but Lbq' ha\~ a a:azrn that at :i time of our choosing nnd
1101 theirs. we arc talking 10 them about it. Director Es,~, Sllll dlal tbm we have in dl'ect moved into
this enfortemenl mode and it doesn't feel vel')· good for ~1Dfr 10 be in that si1Uati011. But again_ he
noted. if property owners an: taking care of the concrde l!lal is dlloir ~ibility. we don ·1 even talk ,
them .
Council Member Vormiltag asked what th, approximat· cost wmild be for the c:m1• 10 come out and
rcpl,tce just one section in front of someone 's home. •'bic:h is ollaul ~ rocc 10 6 fDOI long. if just 1ha1 one
pieci , is ba• Din:ctor Esterly asked En gi neeri ng Mln:tgerK.,Jla ifhe bad a price for• 10 foot stone 1ha1
is 3 1Cet \\ide with a curb and gutter a11achcd . ~fr. Kahm said wt \\owd be about S30 a line..,r foot.
Director Esterl y stated that at about SlO per linc:ir fOOL • 10 bx stone .,..ould be approxima1cly $300.
Typ ica lly. he noted . 1hcy allow people to do h:i lf stones. but th.II frcquc::dly 1s a losin g opc r.m on You do
h.,lf U1is year and a cou ple of years later you do 1hc 01.her bit a:!-''3)' Council Member Vonnm.1g
co mmi:ntcd th :11 at $300 that is a heck of :i s:l\'lngs for S2S a yc:u.
Council Member Habenicht staled 1ha1 she has a couple of~ she wou ld like 10 have clarified . She
said this would be a fee that would be anached 10 the utility St.c med if these funds would be co-
m,ngled in any way or how would the funds be kept scp:lr.lt<-Dir .:eta< Esterly expla ined ti .it these funds
would no t be co-mi ngled . Currently on a utili1~ bi ll if you get ttt: sc::rn:cs for wat er. for s.1nilal)' sewer
II
l ■&le'nod Clry C•acll
April 7, 1997
ra~•
1 >nuo
and ror SIOrm ......,, 1h21 ~-are all kepi in sepmte fundJ, wi~• separate a=tmtin& and ~ are
IJXli<d ror lhc illdividuaJ, that are Involved which each one or thole . This. he n,,;,•t\. •""111u add yet a
roun1t utility 10 ~ IYJICm tbal would llrielly "" ror concrete rep~\ and the c ·; or E :,gJ~
would also~ ~ 10 this 11111d ID lake<= qi' lhc CjOIICfflC. Nal jult lhc City rr s,;o1_~b1llty
conaac thal be talllcd ~l bul also the C!)fl"l<te in fl:9pt of City ~ililies, like City Hail , liie Safety
Scnica building. lite Scrvicenter, the M!llc;r ~din& aiid !)lib. Di=o~ E5\~riy1 Slated we ha..,.. , lot or
iacllitics lllOUlld 10W1I where sraft'would he C0"1ing tn Council ear.h budget ye:,r lb.kiri& far the City 's
contribution 10 lhc p,ogr.un also tor our own p,openy, ~I. he mteratcd, the funds would not he co-
mingled ,.;th I.be 01locr fullds and u the year, gob\-1'-C \"ill cvalaate iC wc.,. collecting cuough money or
100 much money. lfwc arc colJcdin& too 11111Ch money, in the l'illwc we wt ltduce the rate. lfwc m not
collecting cnou&ft IQQIIC)' SlalfwiU he blck talkina 10 Co,utci,I about nisina the ra1ai
Council V.cmber Clapp asked Dir,ctor Eslcrly to c.,-plaiA bow this will worlt it she ..,I;. to sell her borne.
Mr. Esl ,~r explained this has no imp2ct. [,om• legal SWldpoint. on whether or rial 'you sell your home.
As a pracuc:il matter wc l?'P"CI many iutUIC ilomc buyers, if you had opted 01:t or the proJr.1111. it is ~••ii•
possible l!lal a buyer migill RqUln, that you do whatC\-cr ii ncc:cssary 10 get '>ack in. Thal be noted,
would be a poim.Cdisaaion dwin& the sale. As thitjS are aoin& ri&ftt now, if it is a buyer 's marl«;,
then the seller usually bu IO pay rnr iL If it ii a ,cllc:'s ~ then the buyer usually has \o i,y ror il
Diletlor E:ilctiy 111\i.cd tbal wlton people op1 ow or the pn,giam it would ICSUlt in a docum~nt ,tbaljs
r:cordcd at the County and wbea au~• search is doac, at ,l''F time when the property' was goina ID he
tramfemd. jua likt an easement or any other fi11311ciaJ o1>µp1.ion against the p,opertJ .. ,.g. a lien, 1llls
\\'ould show up 1hal the pn,pcrt)' owner bad oplcd ow or 1!' • program. But what actually happens dllring
the sale is bcm-.ca the owncn. that the new owner could IIJRC 10 a=pt what the pmious owner bad
decided.
Council Member Habenicht asked ir somdlody u,ps on her sidewalk who would be liable if there is a suit.
Ci~ Attorney Brotzman stated that the indi\-1d1.1al homeowner is responsible for their sidewalk .
Council Member Habenicht asked. if she has a tripping hazard on her sidewalk. who determines when ii
gets fix ed. Director Eslcrly explained that they would 1)-pically be out d<1i ng inspct;tions on an annual
basis. looking for such things. or cowsc. he said. if any p,opcrty owner brought a tripping hazard or
detcnorn1ed conactc 10 our attention that 11-c had n01 no1iccd, and assuming the runding n.ts in place 10
do.I ,,,Lh it we 'M>Wd bring that cont."T'CIC imo the program.
Council Member Wiggins said that 10 follow up on Council Member Clapp 's question, if iou ha ,·c a
person ,,ho has opted ouL they sell the house and he decides to buy it. As it goes righ t no\\, ,i.ilh the
w:ucr uulities . when a house changes ,,,,11crship ii must go on a water meter. if it isn ·1 on l water meter.
He :iskcd if this would also trigger a sitl.lation ,,itJ11n our computers with the Utility Dcpanment for the
Ci~ 10 not~ the new owner that , guess what the pre\'i ri us owner opted orn . 1ha1 you ha\'e .1 choice to go
mu, 1h1s prcgr.un or stay out Dircc. '"r Esterly stated that the City would not be making that notilic:ition ,
thJ11hc~ ,,ould expect that that nolific:uion would come to tJ1e purchasing propcny owner through the
rcsc:i.rch that ,s done on tJ1cir behalf as p.,r1 of th eir bank loan . II is quite possible . as we h:i,·e tJ1is pop up
C'\"Cr)' now 3nd then, that we have somebody who h:is the money, has Ulc cash, could purdusc 3 house and
DOI h.1,·c done their rcsc:irch . He ad:no\\ !ed ged that ~-ou could c:nch some peop le like 1h:11 un.iwarc.
M.a~o r Burns s:1i d that he h.1d SC\·cr:11 co 111111cnts . He opined 1ha11l1e ag reement ofnon•parucipati on
• --~I.ti be recorded a.s a 001icc, th.it it w:-.s not rc.1II~ Jn impainncnl of :he title . He n.11cd he h.:is seen cases
-~ ... peopl e have bought a propcny and wi th in a few montJlS 1J1cr get hit wirh a big co ncre1c bill . They
.t.en 1~ 10 go b.xk to the seller and complain 1)1.11 they were defrauded or misled or th.:11 son of thing. He
.>f ,ncd 1ha1 thi.s program would allc\'iatc that. Also . he said. he would presume that ir~ou \\Ou ld opt ou t
011he prog rnm. yo u would ha\'c. a bill and the rc:ison ~o u :ire :iskm g people 10 bring the ir .:o nc n::1c i1 10
•
•
•
•
•
laalewood City Council
April 7, 1997
Pace9
ll'llloOJ 1 ) UOfHCl ''II
(t(I t fltlj/
I ,~1.'l
con , ,liance nm. and lhen pay lhe pu1 -ii -.. if you dldn 'l then the instinct would be ror
ev yboc1y fo liy out ' Then IOhc1I lhelr Clllmfe -lid they Wo.td )1111-pay'the m per yu;r ahd expect
• get new concrete. ~-or Bums said irwaidd -., him that yoa nm the ris1i ofliaving a Vf:IJ bldly
under funded progmn. tio:inlle you waalda'11taw--.i, pcaptllpanicipating. Dlroctor !!slmy Nt<d
that thcorotica11y the a1111p11on -.kl pn,ay aa .-11 111e fbndl .._ "" were collecting b«:ausc we
would have fewer propc'nlcs Ill IIOMOC. Bal, be lliil, -aie uying Ill dismurago Ille ,JCIMty or getting in
and 0111 and in and 0111 or tbc prop1111. Wltidl pallllle CID do. lfowem. he ndica. In doing lllal If we
cn:atc a ""1 significant adminillralive banleo .. 1k City to keep dtaliDg with moving people in and out
the cost or doing dlat "inds np coming oar al'tlle t1'ilily "'°· Diroctor Esb:riy co11unc111ed that w,: would
rather spend money building concn:1e 111111 doaliDs .,;ti, adminisualive marten.
Mayor Bums nou;d that if people 0p1 oat and dim ...,. back in and dldn 'I have to pay to upgrade their
concn:tc, they -.Id '!ften be coining bad: in wido ;a ila,.e c:oncme replil' obllglilion lbat they would be
asking lhe City to fund. He said it IICIIII Ill him llal tllal coald overwhelm the prognm . DtlOClor Esterly
suucd 1h11 is exactly the thing they an: uyiDg to .. aid with lhe cilizals. When: all or sudden a big bill
co;ncs due forlhem al a l!fae not al'dleirown cbaming. Now we would blVe the situation when a !rig bill
w,,,Jd mnc due to the City 11D! I dmcaloaran diaasingjUSI because people came in. Mr. l!sterty
co r.,menled lhal as 'Council 11awan:6de thc:~Session. concme in Ille City bas been built in some
fair ly significanc spwu O\'er 1hc Jasi iewsal ,...._ Going back 30 or 40 years. we had some significant
building booms when much atihiswa pat ill. A .. al'that concme is approaching the erid or hs
economic life. So. he noled. we an: ficiDa this islK al'balloons and we would like to have those not occur
at a time not of our choosing too. Dircaur l!sia Ir smr:d we on: trying to plan for a rcosonoble program .
Council Member Vormittag asked DitoCIDr Es1erir •'hen he plans on swting this prog. Jm. He noted that
some of the people out then: probably baoe bal COIIIC'<:!e aln:ody. He asked if this is going lo be an on-
going thing or on: we going to do a sweep oflhe Ciiry and ror like lhn:e months go in and reor C\'tl')thing
up and be done with it Diroctor EslerJy raid that is ,a good question. 0.. the last six yeors, and for the
first four of those yeors. ,.,. acrually sune,edlbe Oiry and ciuscd the deficient concrete over th:,t time
period 10 be brought into compliance throagboal IIE<City . So. he said. lhcy believe at this point in dine
!hot we on: caughl up and that we an: .. a proay---=u keel . So'"' -,Id be looking ot futun: concrete.
Director Esterly stated lhol if Council decides to P""'°""' "ith this. and passes it on the dotes that on:
identified in the calend:lr. tlie lint billing for this WCIUld go out in July or 1997 and we would sec the fim
construction using these funds to occur in 1998.
Council Member Vorminog osked ih·e will get ;n•'lUT3nl)· \\ith that from the conrraclor. for example. if
tl,c concn:tc is bad 11ilhin six months and Ones-of!: Dirtc1or Esterly advised that we h.1ve normally
required a 2 year ,,11rranty from our c:oocn:ce COIILDCtOrs :\nd we :ilso require that of any concrete
conlr.lc1or who works for :uryonc in the City, pgbfic-orpriv:itc .
Council Member Vonniru g asked if tonight we= ,gning to ha\'e o list of people who would like 10 opt
ou1 of it. where they c:l11 get their name on there :md 'llill we contact them laicr on . Director Es1erty stated
thn.t if you don 't Cl"C!llc the Utility there is nothin g110 op1 out on . Once the Utility is crc..1 1cd then ,,c would
C;(pcct for peopl e to come forward and ~ucst to l!"C-opied out of the program and the c.vc, JI! details an= in
the packet on this YO!un~• non-panicipat ion pro'1usion . So tha1 in.formation is in 1hc packe1 if :myone is
in1crcs1cd in it .
Cot:ndl Member H:ibcnich t s.,id that she is nor SUli': 'ifwc h.1,·c :my places within the City right now tha1
do not h.1ve concrc1 c :ind wouJd be getting concr-cn:: in the future . She asked if there is :-iny new concrete
inst.:i.llcd for some re:ison . wouJd trust ha,-c to be immnJ led firn before: .somebody could gc1 into th e
program . Director EStcrl~· c~q,1:tincd that this prn !§ram is in1cndedjust for maintenan ce of existing
ev. :e tc . The City has propenics at parks where tlhe sidewalks arc not yet oc\'elopcd ond this doesn ·1 pay
Ill
I [ I
., "
ltlllt:
I, #
nl
E ■&tewood Clly Council
April 7, 1997
PaplO
"' ' ,I' for tbaL He adYilcd tha1 tbc l':lrb Dcpanmc111 wouJd be loo~ing for lUI l.lljlividual "'Plf'IIC approprialioe
IO have work like lhal ~ W• ljavc ~ on Upivcr1ity, ~nd Bo!lcvicw at ICVClllJ locllioos. where
there.,., no txlllln1 sidowa1ks. ~ swcd tha1 would be a ICpar;IIC issue \Ill\ this Council .-11 io
addras as to wbctllu or not wc m aoin& IO require sidcwallt.s in ll!OJC locations, He DOied !bat LIie way
wc ""' amuipd now it would be tlie IU!l(Wibility of tha1 property OWDF' IO COlllllllt:I th.. acw coocme.
In tho I\IIWC, if this Utillty is pasf<II. it would conlinllc IO be their raponsibilily,
Council Member Habenicht said. jllll to parify what ,Mr. E.!tcrly said to Council McDlbcr Vormiaag, thal
cvel')i>ody in the c;ty ,ight now would b:, swtina out as if they j>ad qkay coD<rcu:. Director E.!terly said
that is riaflt. So . sh. suucd, nobody needs to do anything. that that is what the last 6 concrclC districts
were about Din:aor Eslcrly said the last several, yes. Ms. Habcllicbt OOl'd,UW WII IO pl evct)tiody IO.
lcvcl playing field . Mr. Eaterly CXj)laiDod tha1 WC I.bought "· l"""' behi~d and, apiD it WU. pl of
Council to bring the appcarancc of the City bad< into li.oc wiU1 gpod IWldards.
Council Member Clapp ask<d Di=lor ESICrly to cxpLun the cumnt coD<n:tc 51andard.s and address if
those would chanp: under the COD<n:tc Utillr,,. Din,ctor Estuly odviscd that th~ 'I" several different
concrclC standards. !i9mo. he said. ba>e 10 do with displaccmcnt criteria. Then, i5 criteria that has IO do
with the surface wnun: of the concn:te, that is often n:lated IO the soundness or the COD<n:le. For
c.-wnple. he noted. he c:ouJd go out and bit the concme with • haJDmer and it either goes thud and it
needs to be n,pla<:<d or it bas a bani sound IO it Those things. he stated. can be dacmlinal bv test He
ootcd we have conactc that i5 lo the curlJs and gut1Cr> that c:u, tend 10 deteriora1e,'1osc it's sudaccand
collect water. That can stan to dam:lge U1e asphalt pavcmcn1 . which can then run the ',ill up considcr:lbly
for overall repair> and \IC an: ,·cry inicrcsted in ""'"8 that those rucas dool CODlinve, So, he said. the
standards for n,placcm<nt would oot change. Depending on how U,c funding flOW", wc miJIII 1110\'C ahc:ld
or behind in replacing concrete. With lUI adequate funding soun,: we would not be stuck ln the position
tha1 many property owner> arc. of n,placing half or the concrete and hope I.hat the other half is going IO
last a long time . Mr. Esterly commented tha1 we have a lot ofhomco"nc" that do U1at. 311d 1)-pically thc
concn:tc was piaccd all al ooc time, and the fact that half of it has dclcrir.ratcd lo the point of n:placcmear..
although it doesn 't ,iolatc our SWl<lards, it often mcons the ,cmaindcr i, goi11& IO go very soon IOO. ID the
past he noted. we have cna,uraged people 10 replace that lhcmscll'cs. He noted that dcpcndin& on
funding availability, we would probably be a litlle mon, aggressive :llx>ul mal<ing t•Aal replacements .
Count., Member Waggoner n01cd that ~A'·. Esterly mentioned at the start of his presentation that this
included coocrctc alleys. He questioned whether he was just lalkinr; about U1c cross pan at the llJC)·s or on
the street ends, not about the whole lllcy. Director Esterly c.,plaincd that the concrete alleys. that""' ln
plac.: right now. arc a pan of this Utility to the c.,tcnt that tllC Ci~, has made an obligation 10 the
properties adjacent to those lllcys. That if they originally paid to ha\'e the nUcy P3\'cd in concrete . the
Cirv would then assume rcsporu 1bi litv for mni mcnance of those :illen. 5'J vcs. he said. the concrete :l.llC'\'5
ma( are existin:;. and were done to City ;undards by the City, would r..Jme ·into the Ut.ility, bw they wouid
be the responsibilit)' of the City. in !heir ~hare. to maintain . That he noted. is the same responsibility that
we have right now. D\rcc1or Esterly stated that he is not aw,,rc of any concrete allC)'S in the City that arc
not City standard . but Uia1 we do ha\'C some aspha.'t C'l ncrc<c lllcys U"u ha\'C been put m around Ilic City.
Those. he pointed ouL wou.Jd 001 be pan of I.he pro gram . Counci l Member Waggoner said he ,\ouJd guess
his question relates more 10 the fac t th.11 he knows we m:1:n ta in the s1rce1s wi1h essentially asphaluc
concrete . but it doesn 't come out of:i street utility . He sa id he would be concerned 1h.1t we would be
putting concrete alleys. which 1s not much different l}~n tJ1c street out in front . in the U1ility. and not uet
it as a maintenance project for Public Works. Director Es1crly ci;,mmcntcd that we can fund it either way.
tJiat he doesn 't sec the ciiffercn cc in citl1er one of the appro.,c hes . He s.:iid he would guess the rc:iJ
differen ce in those two appro.1c hcs. and he opined that it is a re.i i line difference. is 1ha1 we c:m 1dcnufy
tha1 co ncrete and the City ;an 1akc money out of the PIF . assign it 10 that \'aluc of concrete on lI1 annu:11
basis or we can scp:i rntc it and 1T\Jkc it lhc Ci1fs rcsponsibil i1y Then on :rn :1llcy by alley basis s1:iff
•
•
•
•
•
laate,,•l Ci1J C-il
April 7, 19'7 h nu ) (li'l 1000..., n1
.... u f'(l(I 1 ..
-.Id C<XDt Ill COUIICil llllll at for 111c l'IIU ljlplllllriluo'l for dlll replpmcat. Mt, EJlcrly staled we c:an
do it cilller nJ. 'A'c ....W ....ti,, Clpl OUI a( Ille pn,a,am with our lllcys. Council Member Habenicht
asked if It Is wriUal ,.. -dal LIiey arc la dlcro. Dlnclor l!Slcrty advuc,I Iha! it Is not writw,, but
that "" bavc mode Oil ..W, 11111 wilb a Ulllllbu&. Jfc DOied that people who pu\ concrcle 1111;)'1 ia in
lie ftnl r,1ace...., 111ey pll .... ill. they -,ere mured thal die City~ ~DI to F,ini.ain the alleys.
Ms. Habenicill IIIICd Ille diSt:rcncc is 1101 wticm. or not the Cily wil f do i~ IJut whether or not ii will be
the Utility thll will do ii. Dinx:111t Emty said lbli the way it Is written ri&ht now it is anticipated thai the
Utili,:y will pay for lbc ,__ allcy ,q,laccmcal. Counc:il Membe f Wac&Ol!Cr asked if that was pall of
his overall calculatioa.. Mr. ESlicrty conllrmed !bat was pan of their overall colculation and
recommendation.
Mayor 811111S askal if ('-,I ud-, fwlber q,atioas. Hearing none, be ad\iscd the audience that I.bey
would go DOW to pulllic -. He c,cplaial that everyone who wiJ!"' 10 speok will be allowed to
speak.
Mayor 811111S advied tlllf Cmmcil bas a policy of not voting on an ordinance on the same night os u,,
public be:lria&, 1k aploimlll dial Council will YOCC at the nc,ct meeting. This, he noted. gives Cnun;:;1 •
chance 10 di,at die~ Ibey r=i,-. at the public hcarin& and make any c:onuncnts, chan~e. '" I
so fonh bdal'O the -....._
James Osbon!. 29S East Oa,ango Cilcle, stated that he Is kind of confused. that he lives on a comer lol
He knm>1 a swldaid lot is S2S I year, but be asked how much moro does he have to pay for a comer loL
as opposed 10 ..,_ wbo ln'OS in the middle oCthc blndt. Engineering Manager Kahm achised llmt the
amount of his cbarJ, will be based 011 the amount of concrete he flas adjacent to his property, so ii
depends on his li'llalq,c. Mr. Kahm ncfem:d "'~·one to ilieir packet and e.-q,laincd that tliero is a
dra\\ing that sa'S ..-.n-c:aue on the top and some stroel on the side. He not~ tliat if you haven
typicol .lO foot rosidoalial prapcrt)'on a the corner. that is .SO feet of frontage on your front street and 12S
feet on your side suai. ,... ~ be responsible for your .SO foot or frontage in tlie front . thc City would
pick up i0'/4 c:ontribu(ian ,_ lbc side street. Je:aving you will, J0¾ofthe side stroel In fact. he noted, this
turns out 10 be a ,O.,SO split for the eatirc Crolllaa,c. Mr. Kahm explained iliat in iliis panicular ins1ance,
assuming thal be bas 6½ m •ide CIIIICfflC. the fee would be a total of W .38 and ilie City 11ould be
pu1ung in aa equal co........._ He said ifb< bad a larger lot and it had a 75 foot frontage , then !lie split
on the side street rcmaim Lile same. but )'OU would have I½ ti mos os much on thc fnmioge . lns1e:id of
S2 S. he \\ould ban: S3 011 Ibo fronL Mr. Olbom asked if the City is going 10 come out and meosure and
say okay 11~ will pay this llllldJ and you aro rap>DSible for the rest. Mannger Kahm stmed llmt ,.,.
actually ha,-. an iln'ClllOI}' oCalJ of the concrete in L~e City . He advised Mr. Osborn tha t if he 140Uld like
10 call his office they CUI ldl him c.\3Ctly how much concrete is thcro and what the split would be, wlia t
ilie b=kdown "-ould be.
Rohen Proctor. 470S South lDCI. noted that some oftl,e questions heh.id liave been answerod . Howev er,
he said he "ould sull lilu: c:brifiellion . He said tliat he. like Mr. Osborn. lives on• comer. He s.1id if he
si gn s up for the Uul.i~ and P.-S his dues . once it st.ins tht:n if his concrete is rcplo1ccd. that :1 is no
addiuJnal charge 10 lum wCl!SOC\·cr. He asked tf tha t is correct. Counc il Member Vormiuag sai d tliat is
correct. Just like inswanc::c. E.~t. Council Member Waggoner s.iid. you conlinuc paying your dues . Mr.
Proct or noted the money goes tn ic, 1hc collcci 1\'C cxmcrctc maintenance fund . He asked if it just silS there
'J r ,r the Cir)' uses u for 0lba' tlu .,gs or if it dr.m mrcrcsL M:iyor Bums .iskcd if we do c:ish management
w11h the fund :ind acted th.II Director Gryg.lC"i\lCZ md ic:Hcd. from the b.1ck of the room . 1h:1 1 \\Ould . We
would be :ib lc 10 do ClSh rnmagcmcnt wit h tlus fund and c.,m in1crcs1 orr of II . Mr . Proc1or s.1id. rhcn lhc
inicrcst goes into the fund and not back 10 the propc rtJ' owner. M:,yo r Bums co nftn11cd 1la11 it wo uld go
1111 0 the fund .
,q
Eopewood City Cooncll
April 7, 1997
Page 12
I> lU(, I in booH•~•'f
reQJ ,r lnqi
11 ,:i•'I
Jeanne Mc'fillianis, m, Soulh Grant Si=!t lhankcd Council re,,~ doiDI ~ ID lddrea this
lllllter. She "l'iqed !hat the way i1'hu b..o dt>ne in Ille pill hu'beeh !tdlcaloas. 'Ml, MJM11wns J-.1
that a 101 r Council /, aware of her rccJlngs and Ille Is aJad IO sec somdhio1 is bei"I «-. Sh• said she
was re:iding the mJnulCS from th• last Council meetin1 aod she wanlfd IO dlaidt c-:11 Mtmber
Habenichl and CCAJJ1Cil Member dapp for lhinking Iha! die Clry is ll)'iag la --i-w..rs too
much and ma~ could share a little bil She llld in listenin1 Joni~ and tbai sbe ~ some time this
afternoon wiih lhe p.;blic Works Depa,llnenL Iha! she ready lhinlts il is being over a:,mpllalod. You k
Jalking nboul hnving 10 file lhing, wiib the CIMIDI)' il'the homeowner doesn't op in. cpl oat. Ms .
McWillioms advised lhal she called all the Olbcr cities to sec what they bad~ ~ spolte, this
afternoon. 10 the Public Works Departmenl and was advised lha1 the Hollywood =ta. the 2 r001 cwt,,
would be •PPIJ>lU'l\ilely $20A8 per year, mid block the regular sidewalk -.Jd be W .00 and $44 .36 per
year on the comer.' Ms. McW-tlliams llld Iha! C\'Cl1 il'you use !he fidllyl,,ood 6~ S2tUI per')ar, the
last concrete disuie1 vas in 1995 and the eos1 10 the homeowners was su·.i,no and !lw is pretty ,rverage
orwhal has been spent for all oflhe concrete disuicts. Ir you divide lha1 out by""' 11 .000 homes in
Englewood ii comes r ;i 10 $14 .00 per household. She said lha1 wbca she looks at liprcs tiltc lha1 she
wonders why you are :ryiog IO ge1 so high wilh whnl we are chorglng '/" ~ that maybe"'
need 10 ge,rr ii down and DOI II)' 10 ihink or S42 mil\ion worth or cement in the....,. Clly. Council
Member Vormihag swed thal ii is e:isier lo gi\'C ii back than ii Is 10 rccolla:I IL ML M..-wuJlams
commcnled Iha! ii will be just like the Coors Field lax. lhe field is buill and we an: -p,ing ID sec any of
lhal either. She said we are 001 l.llkin1 all of the concrete in the Cily of EoaJC\•'004. -an, simplY. talking
whoa needs lo be rrplaced nnd Chuck Esterly just said we nre up 10 p:lJ' now. Whm ~ smud this ft\'e
ye:us ago we were suppose 10 be bring1n1 everything up 10 par so we didn'I ha\e a pile of damaged
concrete. So presumably'" are on• mainlenance 1 'm now, nol remO\ing all the p,ad. bad and
indilferenl concre1e. She said she also wnnled lo address the faCI lhal he also said cllat the Clay only Slcps
in nnd orders concrete replaced when ii is badly damaged Ms . McWilliams 5'lld skis here IO Jell you
lhal is nol the case. lha1 she 1w seen ii osst-ed where lhe sidenalks are slightly ra.gl,ened nnd those
people have been onlered 10 remove iL ii is not when it is badly dclcrioratcd. She....,. "" sen1 one
person cul wilh a spray c:m asking lhem 10 assess all lhc concrete , Reganling the criteria Ms. Clapp
asked olJouL McWilliams nd,ised lhal tl1e person Iha! :wesscs lhe concrese docs-.... lla\e lbat criteria in
hand. She said she lhinks maybe lha1 is improving •oo. bu1 lhal badly needs 10 lie addtessm. Ms .
McWillioms advised lha1 her ,nain concern is thal sh,, lhir$ Council is on Ille ripr tr.ack. she is &lad Ibey
are addressing ii. bul lhal she re:illy thinks tl1ey are over t Slim.:uing Ille :unount of~ t'w needs 10 be
spenl c,,ery year on concrel< replncemen1 . Council Meml>er H.:lbenichl asked Mr Esler!)' to address 1ho1.
Director Esterly staled 1ha1 lhe primary reason is lha1 alll. gh we are caught up .,ru, "'hat hos already
gone bad nnd caused tlia1 10 be broughl up 10 stand.in! nno replaced. we are ngain bidog !on,-ard 10
replnccmcnl oflhis ,·cry large building boom lhol occurred In 1he Cily or Englewood ,n the 50 's. Which
is gelting 10 be 40 or so ycors now nnd much oflhal concrele thnl "'C hove repaired m Ille last distriCIS is
1ha1 concrelc and ii is starting on lhe h::1ding edge or lhis balloon 1ha1 "' m expe:::mg to come in. He
advised lha1 we are probabl y c.,,>CCling \\ilhin 1he ne.xl 10 yc.:lrs 10 lt:C :1 large pcraooiage oi the concre1e
in tJ1c City come into a co11di1 io n where it is going 10 need to be replaced. Oireaor-Esterly stated th.11 we
an: ac1unlly more concerned Iha! we,~ no1 ch.irging enough and 1ha1 when 1his blllloon docs come due
that we will not ha\'C enough funds 10 deal wi1h it and 1hc people in the :iudicnc.e tm.'M' ,\ho arc concerned
about that will be knocking our door down 10 know why we arc no1 raking C31'C afrbcir concrete. We :ire
actually more concerned 1ha11he project is being under funded ra1her lh.:in o,·cr fu:ded. Ms. McWillloms
SUllcd tlial she Slill lhinks '""' Ll,ey need ID re1hink lhe figures on 1h.11. She said sbe hos c,IJed Olher ciocs
ID sec whal I hey ore budgelin g, lhOI lhc SI 55 ,000 lh.11 was spcnl in 19~5 is mucb ,more !hon comparable
cities spend on tl1cir concrelc. 1ho1 11uc pa)ing 100'¼ of ii. She ad\'iscd she is talhng aboul No11hglenn.
Thom1on and thal she c.,llcd a \'Micty of cities. She s.1id she knows people h.1,,: a concern tonight too
tJmt if they have been in co ncrc1c districts :n the pas1. tllal lh~ now ha\'c as:scssmc:ns agai nst 1hcir home
and tl1ey are payin g for 1ha1 alrCJd y. She :ommcnled 1ha1 she docs no1 km,,. ,r th:m hos been addressed.
but that she th inks we need 10 s1:1.n th is so mewhere :md she doc s not Wilnl th:lt 10,dtscou1"3gc the Coun cil.
" ,ot,
Jiu
)I.Jf.dJ
il,ru
II.
•
•
•
•
•
•
~C'icyCouacU
"'"' .1"7 ,-.u
1 1 ' ,~l ,1, .. ,11 I '"' ,,, < j l L Ma>m a.m dlankcd rwr fcK her inmat. He commen1Cd11h11 anou,er reason 1wny men: s1U1C w,i out
rai.rc ia dlir.. wlucli ~ it is 11f11 "'"l'l'"'°IY, Jd ~l'lileallsyou ~'I '\'KUC \Jl"l'l1 Isa Yx. He ' ~ tllairil isacu Wider Amendr .. nt i1 you have 10 have a public vote In order 10 i&reasc or -....-11 ,, I
Marpe Slalc, 4161 Soudl Cherokee Stn:et, nolCd ii~ on I/IC one paper "do you have lhe n!Dne)I for
coaaae n:placc:mea)tr She said Ii/, she does ~01 and she didn 't. She stalf=d she wo'uili be glad to SWt
paying Ibo ru a,.i.r, but that she would like lo iii!~ somebody lake ihe lnan !bat she bas, a $700 loan at
about 6% or 1%, and have it shro1ded. Sbe 1ia!d ~)?'on the last deal and it is against her house .
Mayor a.ms 8IIICd he did not think .hat woul~ ~ri.l Ms. Stene commented tha(she wished that
-bad dlaaght lhrouch the whole thing so ~I,~" ~d start payii/g lhe $'25. ~o she asked, is it
uue !Ml -,dliila tbaJ she has done from now on wiUbe $25 a year. Mayor Bums saiij yes. But. Ms.
SI.enc &al. sbe can 'I get thal $700 111 8% eliminated. Ma)-9r ,Bums commented tl,.1 \\-e "<lllld havo an
nful b al .-y ~I would be forgn•en in the City if we did lhal. '
DIii w.....,. 40 I I South Ddawan: Street. advised Iha\ he is a concn:te conlraClo i ill Englewoocl' ljnd for
bim dlis is IIDt a l()OCi idea only because he lives on a hill and his concrcu: isn 11 dcferiorating. fot:l 101 or
people ii Wllllldbc a &ood idea, Bi; he said !"i tiofs ilot thiidt they have gnouglj money into ii. That
..,.,.,, is Dill p,iag to &O that far1 Mayor Burps said ihen you think you may be1Und~r fundcJ . "ff.
Wegmor said :!C!·
!Cwt Todacbi, 3291 South GilJin SUCOI, stated he is a registered pro(cssional engineer and has over 20
ye:,rs a{biglr.-zy constriiction experience. He soid he would like 10 say fim that there is definitely a
problem. but he opined it starts with management of existing funds . He commented tliat he thinks the
whale pn,cr1111 needs 10 be looked at. He pointed out people have come up here ond quoted ii os my
cone= or our concrete. FIJSI of all. he noted, ii is in the suce1 1emplo1c. it is in the public right-of-way .
That c:m=,s do 001 cuntrol who walks on ii. He staled Ute City maintains it. plows ii ui1h de-icers .
sal t/sad mixlllres. which do contnl>utc 10 the deterioration of the con.:retc surface ond the only thing the
citizc::s basic:aJly do is shO\'el it Mr. Todescl\i, commenting on the figure of S-12 million that was thrown
out~ poiaocd out thal there u-e roughly 'll,000 homes in lhe City ofEnglcwood. and if you take the
S-12 millioG and divide that. that is roughly 420 lin= feet of cwb replacement in front of coch home . He
said the lady thaljust spoke before him swnmed it up better. os you say your coocrctc replacement
progr:im is mughly $350 .000 a )'C3r, which is probobly pretty average for our size of city. He stated it is
mu ~. as she said, $15 10 $2 0 peri·= per homeowner. Mr . Todeschi opined that ii is the right idea.
but tJm the Utility Program is tl1c \\l1lng solution . He said he thinks that once you start going Utili ty
Progra;ms ill ID the Dow line of the curt, ond guucr tl1cn what is next ? An: you going 10 start making us
replx: ,the whole street or wha1C\·er. He n:i1cr.11cd that citizens don 't maintain those facilities and he felt
Counal should ta.kc another look at thi s
Councl Member Habenicht asked u 'CCI r Esterly or Engineering Manager Kahm 10 address 1wo
q1 "C:5Cltm5 sbc beard. One is how did \\i.. Jmc up with thal very hi gh amount of concrcle based on
dn'lJu:tg out~ homes. "''hat else is im·olvcd in the concrete. And . she noted. the other questio n was will
it C"CR:Od to the street. Ms. H.ibcnichl co mmented that it is her undcrsiandin g 1hat we alrc.1dy ha ve a
p:l\1q prognm where we have olrcody all paid for our first paving ond the City lakes c,,, _ of all of tl1c
p.1VUI!.. She ask ed 1ha1 staff address I hose issues . Addressi ng 1he high co ncrc1 c estimai c. Dircclor Es1crly
c.~l:lced th:u. the Utility includes concrete alleys which involve a \'C/')' large square footag..: of concrete
that tbs gendcman has divided out by e.,ch in di vi dual propcny owner. He s1:ucd 1h:11 thnt :,mou nt of
concr::1e is alrc:3dy Cit)· rcsponsibili~· :md is not included in the amounts lh:u we arc proposin g 10 include
in ctm,gmg I.be indh'l dual prop(~ a,\ncrs for the Utili1y. The olh.:r p:m of 1h.11 is. he noted . th at we
conw:x to have Lhis 70% obligaUon on 1he sccondal)' fron tages . Eac h and c,·c1')' block h.1s primary and
'l
l ■&tewood City CCN1ocll
April 7, 1997
.... 14
lbnuo) th) hoow,l~nl
r er ,t ln,11
ll • 'I
secondary fron11aes so lhl• ii a lipul!Cllll IIIIOWII of .....-11111 the City II going IO be ftuldillJ ~· lhe
sides. He e.'<J)lained that the conm:1C that WU included ill ... lllial n:placcment value IJicluda dia!'7o%.
Also Included in that is the c:wt, 1e111r111 i1w"" lllbd .._ .._mlnllca lo aD al,leys lhrou,i!> lut the
Ci~·. and all of the concrete C1011 pans that 11e !n placr b ~ Re SWcd lhil vtmlaJJy'all c:o,,,..,,,
' , ihe City, that is no1 directly in front of or adjaceat ro • illlln'iduol pn,peny owners property, is
included in the Ulilil)' and that is the 6g<m that the toail...,...,.. value concrete is based on. fat the
·.:11011J1l that is being i,id for by tbc fees Uw ~ bcin& raiml llJ the district. Director Esterly coml.illntcd
that they ar< n-,, dill'clcnt iSSU<S. C"'lllC!l Mcniber llabeaidl a<d what ~ion o{ those lie being
addr<SSCC! by the City contnbulioo. Mr. Eslcrly swcd Illa al d 11101c lhl~gs he just menlioncd an, being
addressed by the City conuibutioa, allhough Council Mcmr w......,. raitcd lbc question about
perhaps baJldling the 1llcys in a dilf\:rel,I manner, So.. 1tc said, lb= ls !he poaibiJlty lhai that could
change. Director Esterly noccd that tbc sccoad p■n ofMs. Halialichl's question bad'ili ao,'lril'I, extending
lo the st'«!. He C0111D1Cnlcd that !hi~ issue WU discussal I 0llllplc ianmhs aao in Sludy Scsslod ahd he
norec !.,,• the City is about 95% builr oo, with pa,ing dislrii:a. So, be said. each property has alr<ady
paid for , he replacement of that concn:te and rhe Ciky is =-inal IO mairitcnancc of :ill of the asphalt
stm:IS Iha! ha~ been brouaJ,t up ID City Slllldards in the Jml. He DOied that COmmilll\<DI is al=dy in
place right now, Diroctor l!slcrly explained that if the Cily ~ lilr-it, we pay l'ot it wllll Gener.ti Fund
Revenues or property l4XeS that"" raise and a larae _ .,.that sbiJII the bunlco ro business owners.
Currently, the individual properties an, responsible focdloir ~ and Ibis n:tains that responslblliry
wilh the mcp1ion that the Ciry bas taken on 70o/, of the .....a..y froalagc . Righi now, he staled, we
have no intention of moving out into the streets "'ilh this. bul of cowsc we arc going to be facing street
replacements in the fu1un: and wc have )'Cl ID dctel'TIUDO bo,, -will be funded. Many propcnics, he
nolcd. M\'e already been assessed for thc stz=ts in fn,,a ol'docir property. Mr. Todeschi commented !hat
concrete is pan of 1hc sttccts.
Clifton Coleman. 3901 South Galapago . said 1hcn, an, Coaa:i1 members Iha! have already he:ird lhls plea.
He sta<ed !liar they live on a comer and hove alrc:id) ~ in rwo districts. The ftm one was about
S900 . which llley arc still paying for, and lhc second disrict "'"' aboul $1600, wbich they an, still paying
fur . He llloughr a major point bas been broughr DUI. lllal die Ory owns the curb and guller and sidewalks
!hat"~ arc arguing abou~ that wc arc discmsing. l!c poiad 081 that they pay = on !hat propcny
already. They arc now being asked. dcspile !he fact t!J:a tbm: is a cn·e,11 in lhe'C lhal says you c:in opl our
of this. 10 pa)' nnod1er lax . So, he opined. the)· at< 1'3)iDg.....,. taxes for some!hing d1a1 he does nol
rh ink they should hove 10 pay for . Mr. Coleman adn s::d tli:11 'he bas been the Dirccror of Public Works for
Ad.11ns Co11J11)', the Dim:ror of Public Works for Gr=,,,wd Village and he is fanuliar 11i1h the other
jurisdictions arou nd Englewood. He staled there is ao JlllUllidion. that he knows of. 1tio, forces the
ci uzens 10 pay 1hro ugh a district or rhrough 1111! • JO • yc:ir i;ian or whalC\'cr. Again. be 1old Council
Membe r Habenichl and Council Member Waggoner. be hancs to k,q, n,pcating himself bu1 he ck><'s nor
1hink ii is right Mr. Coleman staled Iha! the 01her .toes dic1111 do it and he docsn·1 kr.ow why Ibis ·,
imposed on the citize ns to do it.
Jane Coleman . 3901 Soulh Galapago Slrccl. S101cd !!:Jt ~ were encournged lo be in two scparn1c
concrete distncts . She said that somebody c::unc JJ'CW.d. wtt!i a Ouorcsccnl spray tJ1ing and just went
crazy. She advised 1ha1 they live on a comer 101. ~fl. Co!=ian noled 1lia1 she has appeared before several
Council members in the past 3bout lhis and the~ p:ir .. -p::tte in both of the concret e distric1s. A lot oftl1c
stones were marked iffy, she said . indic:mng thal yru b .,, vc to do 1his. but :u some po1111 in time they
will need to be done . Ms . Coleman stressed th:u Ju.:: _ becri 1old that 1his was co ming up she would not
l\.11\'C spent the money 10 replace sloncs Ill.I I were Just~-t!laJ :u some point would have 10 be rcplnccd .
She no1ed she could have p.iid the S2S a.nd s.,, cd lr.scfbaw. m:tn~· hundred dollars . She rcitern1cd 1ha1
sl1c li,·cs on a comer l01. and if she underslands it n~ it Sl:.'"S that 70o/o will be paid on some a,•cnue :rnd
on some street II looks 10 her like 1hc homco,\n cr t.s plr.g 111:1,·c 10 p.1 y it She asked ir1h ,U is correct.
Ma~or Bum!. s.11d he believes 1ha1 is correct . ~1s. CJ" po1111cd out that I here was a ,;enllem.,n here
TI
II
•
•
•
•
•
lactew...i City COIW<ll
Aprll 7,1''7
Pa .. 15
h,auo (11'.l ~OOtr I "~
ri~1,• 1nql
Pl L't
earlier and 118 ,pcci4<.ally ~d 1hll If he~ .!)if l2f he wiU ~~,hav~ F'1'~•nal filnda. Slie '':"4 t&t is '°"
ioc:om,ca ii .. Wldalludl II rtahi, ~ 8'!!"' ,noled tbat he ,wu 1\0( au,; He Wldenlood tile quesdun. ;,._ ~.i..,,. 111~&euked~be~d\"~2/it,¥i~11~caieilruafld 1hecounc:t1 ~~1111111hild 11
lhaa wu iua>nect lt she u,r.de~ oL I Slle pacei1 the Clay os going ro pay 70% or, her ftonrage, she pays
100% oC!w:r side SUICl and JI},~ o(bu !ru111.1ge.1She asked itthal Is cohict. Mayor Bums asked-ff she
meant 100% aClhc COIi al'aaual rq,~pt'. 'Soc said yes. Mayor Bums stated he die/ no1 dunk tha1
,... :igbL He asked Oila:tor Eswrly lO ~ her question . Director l!slerly advised tllat the way the
fo11111lla is sot ou1 tbe p,apeny O'MICI' is rospomiblc for 100% or the rmnlagc and tbat worts out 10 about
the $25 figwc. The ramiader aoina into11hc S44 per year figure . lhal's In the illustmlon. comes Crom
the SCCODdaly fmn11p or doc side ~ fm~!l'B•· He noled the $25 relates IO a lot that Is !191 on J ,:,omer,
tbal lhcre is an cx.unple calcwallon in lhc p,ickaac 11w 'WIS halodcd out that shows 'what !lie obllptlon is
c,, a comer. Dirtaor EAaly ackiRd that prior IO this Utilily, whaa is shown in there lbr a cometpn,pcny
is 100% the responaibilil)' of the,pmpcrty owner. Mayor Bums jiU d tbat lfhe Wldemood Ms. Coleman
com:ctly. her question,.,.. tbat it she had a 11500 bill for lbc frt>n ! portion of the house she wouldn 't have
to pay S1500 , she would be paying the yc:ll'ly fee . BuL Ms. Coleman said. on her side she wouid sli1I ha,,.
to pay lhc ftdl 100-IL Mayor Bums and Director Eslcriy said no . Di....:lor Eslcrly acMsed that the annuol
fee would be JO'Y, bul tbat it she should c~ to opt oua of the progiam then yes it would be IOOo/, of
your rapoasibility. Council Member Habenicht said she was lI)iJf ab under,tand lbi< too ond as she
underslands ii is tbat somd>ody that doesn't have a comer. thaojust has rro~aagc and say ii is 100 ft:el and
they pay a fee, thaa people on a comer lot )\'Ill'! have lo pay double thal because they have twice as much
concr<le. Their fee Mil be adj usted, instead of another 100°/L their fee will be adjusted up by just 30%.
So the fee would be say ;o'/4 of S25 . it it is another 100 fCCL io would be another S8 or $10 , then yo u
would be paying SJ 5 bcausc you have a comer lot, rather than $50 bccousc you have o comer fol Tl,ls.
Habcnicbl asked ifthal makes sense. if she undcnands i1 right Ms . Coleman . using the handouL poinicd
0111 what she undezslood it 10 IIIOan, sa yi na 1ba1 she will pay ,O'/o of the fmnl and all of the side. Mayor
Bums r<iacrnted that it is just the occ yearly fee . Ms. Coleman sa id she did no, think th ey were
understanding each other. bua she would move on . She poinaed out thaa 1his also docs nol cover th e
brcoking up of the conm1 c ond hauling ii off. That is also another fee thaa the homeowner will be
responsible for . COUllCI I Member Wiggins and Mayo r Bums noled ii is oU included. Ms . Col eman SGl lcd
tha1 ii says other factors affect ing cost which ore no1 included in the pri ces above arc co ncrete sa \\in g on d
removal and rcpiaccmcn1 of asphaJL Engineeri ng Manager Koh in c.,plaincd !lial th e c.xamplc shown is 10
give you • feel for allc lype of concrcac tha1 would be in fmnt of your property . lik e in the top secti on thm
is aypic::il ,,.rtic::il curb on d guncr with a four fool adjoccnt walk . If you ha,,. • 50 fool fron aagc . you coul d
lake a look a11hc handoul and say I have a 50 fool fmna age on d the cost of removal and rcpiocing four
inch co ncrcac is S22.65 a linear fOOI 31\d the fee is 5 I cc nos pe r linear foot per year. He odviscd. regard ing
al oe no1c at the boltom. thaa ii addresses oahcr costs 1ha1 aloe Uti li1y \\i ii absorb. He explained thaa those
costs arc noa broken out on the c.xamples, bua thaa ahe Uaili l)· \\ill ookc core of ahose costs of sawing
co ncreac and remo,ing ond re pl acing asphalt . Mr. Kahm noied 1ha11hc quesaion cime up earlier about
where our numbers C11J1C fr om and in fact 1hc $42 million com es from us tak ing :i cmnplctc in\'cntory of
all the concrete in the Cj~· and c.~tcnding it by the known com of removal and repl acement of 1lia1
co ncre1c on today's market So thal is where lhc $4 2 mill ion come s from and. he Slated. ii is a
substantiated :,umber. Co uncil Member Vormitta g s.1id that is 1od:1y·s doll ars . not futuri stic doll ars . Mr.
Kahm confirmed th~· :ire today"s dollars . Ms . Coleman st:ned she lh·cs right across the s::rcct from a
grade school and that on e of the rc:isons she tuad to ha \'c so much conc rete repl aced is bcc.1use the snow
blade comes throu gh :,n d rakes oil Ili c way down on her cu rb. gu ll cr and si de wal k. She co nuncnoed thao
sh e is now. 4½ years 1n10 the con crc1e distri ct and her co ncrete curb s and gu ll ers need 10 be replaced
agai n. Tiii s was al rc:id)' doma gcd 2 yca os ago. sh e sai d. and she I.is alrc.1dy 1alkr.d to several Council
members and had sc , er.tl ou t. ond she thou gh I Mr. Ka hm had been ou1 , 2 years ago to veri fy th is . Ms
Coleman stal ed she hasn ·, C\·cn goa aloe oaher paid for and )DU ,re aski ng her to pay fo r this and she needs
it done again . Mr . KJ.h m noted lhal und er the exi stin g ordinances homeowners arc rC3 ponliib lc for
maint enance of1t 11s concrete . In fo ci in thi s pani cul ar ins1a11ce \\h ere it is ncccs s.11)'. in ordl!r 10 rcmO\c
Eos)ewood City Council
April 7, 1997
P11e 16
h U(I) Yh,') ht>nfl11!fb i
't<.'f't .r hup4 ei ,,,,
mow and Ice in the winier, ro Pl i• ffilb ~..,....and~~ llul1 c:oncmc and under lhc
e.-<isting ordlnoace 11111 hpl""'T.f,I' ;s ~,_._-"and ft~~ ;ii and tcar II up~ J or
4 )'WI tho~~ 11 ~.":f/lb Lbal itJll I Ta u~ ""',illmry JI/a, corhcr p/opcrly 11 l'l)'las
lhal malnlCIIIIICC fee and, If~ i, NCalllY .__,.,_ RIDOYII openi!Jqns or If you live on I Stl1e
highway where the Swe 11 in l!'l'tina salt aad --•llloa a,ljacenl side~ aJ~orthe dmc, lhc
fr<quency of removal doesn't alfecl lhc rau: you P11f<. So. .. paint~~ Ulere ls .-cquii;y In lhls
concrete mainlcnaace Illa\ we "8ve IICVCI' bad bdllle. So ia Caa if we ~ f11i beciusc or Ille not= of snow
removal , and larl!P ~ conar:lccwry 4, 5 or6 ,,._. 111d ii is~ rilr 1U IO replace It her
ITUlintenance fees 111ys the same u m:l)t,ody dil: 11111!,c C-uy. Council Member Waggoner sald that is if
she doesn't C)lllout Mt.,Kalunswcd )-.S. ifsbc.....,"top1 out Bu~ Ms. Coleman 1111ed1_shc still has1O
moke up llllldill'""'fl""-tytr. Kahm said no, sbc will,ay licr ll)fual nwn1cnalio: fee and lflhe Ciry'has
10 replace ii CYCI)' year bcr fa, ""1' the same. He .....,,,-11111 she can 11ui1 woriyiria about whctllcr Ille
City damases it, &, whether the ti-uh uuck dlOoe am iii or wllelbcr a bll5 drove oil It or a State snow plow
hil it II won't IIIIIIU. Ms. Coleman said so Ibey willJJOY,for iLCQ/IIPl#cly. Mr. lWtm responded lhal Is
COITCCt. Ms. Colcmall noted then tbcre is ~ ill Gle :JO% 1h41, she has 10 come up with . Mt. Kahm
stated she has ID pay the foe f'or the 30% oi lhe aa:=c Iba is adjaiznl ro I/Cr house . Council Member
Waggoner explainal lhal if she pays Ill &be a.a-Utility Pri>gra,r/ ud ~!le1d6cs noc opt out the City
replaces her concn:!e , Ms. Coleman qUCSlioacd wliluor she can ask lhe City ID ci>me out and sec if new
concrete is~• Council Member W...,.radwiscd lhal she cu, ask anytime she wants. Mr.
Kohm noted lhe pjlJI "not in place yet Ms. CaiiomlD askeil )'ho decides on the conlr.lCtors for this
concrete. Council Member Wa&&Oller Staled &&Clily wmld dccidc through a bid process. Ms. Coleman
qu estioned when Council would have their ilCll1 -. Mayor Bums advised that ii would be 01 Ille nc.'<I
City Council mcctina. Mr. Kahm Slated that tliq illlllicipuc tcouplc of language clarillc.,tions llla1 City
Anomcy B,vtzman pn:sc1,1ed. He DOied UIC)' arc 1lliih Council's padtcts lhls :vening. So, he nOlcd. th .
w,11 sec Council addressinaan amended ordiJmsz .. April 21". Mayor Bums clarified 1ha1 Council will
rcc:ire an amended ordiJlaaa: on April 21" ud..,. aDDlhcr reading, another vote after tlial. Then: will
be rt\'0 more votes co April 21 • and May ~-UlUIIICI Member Waggoner e.,plained lltal this is just the
pu bli c hearing tonight that Council will not -am it al all tonight
Sarb ar:i Fout 4185 SoUlh Huron Street , askol IJlll'SIUll1S o.mceming lbc proctSS. The process. she said. is
based on existing ccncrcte. She explained Iha Ila !nlaage covm 1wo thirds oflhe block. in that their
house is the onl y one on lhat 5ide oflhe ru= Tiocn: is no existing sidewalk. only curb on a deod end
rue:<. She asked if they will be required 10 have di.< sidewalk and the curl> and gurtcr installed nlong the
en ur c length of the property. She asked "ho wi!m cll.:cidc where ii goes. Director Esterly responded that.
m previous concrete districts, th e City has choscm tnol to address lhc issue of requiring 1h.1t new ccncrc1c
be :ns1Jlled. Al this point Cil)' Counci l has lbc :IWlboril)• 10 MJUire tlial new concrete be installed . he
sru d. and tJ1c owner has the op1ion ofha,ing amc:::rete installed. Council has not 1.•xcrciscd its abilit\ to
req uire LJ1is and it is an is.sue th.al is left. for the ~ :ind de\"clopmcnt conditions lr, this :trc:J ri ,;.c arc
JUSI loo king al curl> and guller :ti thlS IOC1uoo.. he said. and no sidewalk . the calculatio, .,c b..scd on
square footage of the acruaJ c.,isti ng concrete foe; LlGalntc.nancc onl y. Tite future rcpl:lcc1ncnt or ini1fal
co ns1ructior, 1s an issue at a few loc:uions tha& ftJs noc been :iddrcsscd yet Mr. Es1crly Jdviscd. Mn~or
Bums said 1herc is no requirement 3l this ume-tfum a SJ1Xw:il k would Juve 10 be pul in . Ms . Four Jskcd if
she would be notified of changes. MaJor Bums 11:SpOndcd aflinnath'C'ly .
Robc n Procto r. 470 5 South Inc:i. Street. said th::u: ttodafs co ncrc1 e cos 1s h:i"e been given . He asked if the
as scss rneni \\ill increase if 1he COSI of concrc:1.c r..t:;,laccment incrc.,scs . Mr . Esterl y responded that. ifrhc
101:il cost of concrete rcpln~mcnt goes up. ,,tw:1.na it is due to 1hc Ci 1y undcrcs1im.11ing the need for
rcpl accmem or bcc.1usc actual construcuon c::isr.i fAD up. the fee ,,ould be increased to co\·er the com tr
we ha\'C overcs1 ima1 cd the ru1urc need 10 rrpbcramcn:te. the n lhc rec mii;h 1 go down He no1cd thJt we
h:H c no experience to indica 1c 1ha1 tllJI is likd~ Counol Member H:lbcnichl asked how 1hc ordin ance
addresses 1hc need to incrc.i.sc recs. nl1e1hcr it would be 1hrough J public hc:uin g procc!s or 1hrough
n
II
•
•
•
•
lestewo,od City Coucll
April 7, !. 1
Pa1 i 17
1r,nuc. l h) huo
f"l'1'l ,t
II
n:soluUon Ci()I Anomcy Bf!>IZIIIIII rapondcd lhll Cl)WICil ac:IU&lly ICIJ lhc f~ throll&h resolution and
would luwa IO 011C1111 ID I publil; V014 of lhc Councll. [?lrcclOf £a¢y added ~f ii would be up ID lhc
Council 1111 , ~ !bay 1'lftlCII IO have a P,!Jbllc hc¢,n1, Mr, Prodl>r n:conuncodcd that lhc 'l"'ney in the
fund be -.~,n,pietely l!dorc Ibo fee is railed apin. Co!""'il McDlber Wil&Ul' conunenl<CI that we
have I con,;n,, IDID ~ )Im. Mr. Wagoner, ,.ho say, we have undercstimalql.
Betty N•Mor,. 3079 Wea Slanford Avenue. said 1h11 w,hcff she bought hef liow:e about 40 years ago ii was
then U lllcloo . Wbtn Englewood look"' in. she said. !here was a special deal made lha1 !he Ciry would
nutlnwu her SIJffl. Sbo sai<I tJ.c Ciry hal mainwncd the 11J:CC1S. but asked if that doeo not cover the
r ldr.wnlks lol$0. Mayor Bums said the 1111:Ct and the sidewalks are diffcre nL Ma. Newtoo asked why,
sli;,:e ii is the Cir)'' s plllpCrty and she ii payina iaxes for lhat. Mayor Burns said he thinks she is asking
for the 40 ,-bJS1o,y of c:oacmc disuias . Ma. Newlon said she would like ID have that ,opened up again
to see whctbcr lhey, or Ibo Ciry,.,. responsible. Sbe rqicalcd that. when Ibey~ taken 0111 ofLilllelon
and moved into Englewood. there w.u a special concession made for her street. It w.u over 40 years ago,
she said. and people forget things. In 1982 , concrete w.u replaced on her SlreCL she said. lha1 she feels
EngJCMIOd paid for. After al~ she said. we pay ta.sci and the City raises them every year. And anolher
thiog, she said, !his thiac for the water dcpanrnentlhatlhcy have been paying $50 for the last 8 or 10
)10011 and,.. don '1 kllow wbat it is for . She said she can 't ,:taay scn.,ii,le answer from anybody abou1
why we are paying S50 eve,1 September for Valley Sanitation District. Council Member Habenicht
responded thaL ,erving on the Wow Board, ii is \'Cl)' f~JStr.lting. While the City of Englewood. Jlrollgh
the Bi-Ciry Wastc\\~Treaunent Plan!, sends out all of !he SC\\U bills wilh 1he woler bi lls , some oftliem
come from dill'cn:Di di51riCIJ. She said thal she, pc110nally , is no1 in lhe En&)c,YOO<f SC\ver Disuie+ bul .
ratl1er, in the Soulb Engl.,.,.,,t Sani1a1ion District which is goycrncd by a scp:,rdl< board. whi ch is
elected. When\\~ liavc problems wi!h our sewer, ,be '3'd. wc c;in '1 go 10 01e City ofEng•ewo,:d . Valley
is another district. she advised. and is a comple1ely diffen:nl dislrict and ive would love 10 t ,
jurisdiction over how lha1 is done . she said . ~JI \\~ don I. Those of us who an: in lhesc olh _ JisuiCIJ
have lried from time to time 10 opt in10 1he City, bul our .!istricts won '1 lei 1,:;. she said . Ms . J\le,11on said
she thinks the City ctwacs ao awful lot of laxes and she tl1inb it is disgustinc U1'11 u,e City docs 001
mainwn the strecu . BUiien and sidcwallts.
Ray Berlin. 21n East Dartmouth Aycouc. commented tl>a1 "~ have 10 re:iliz.c 1bcre is no free lunch .
There are two scenarios hen:. he said. !f,w: stay wilh lhe current ordirw,cc, 1be property owner ,.;11 pay
100% of all concme that needs replacing. He said he is glnd 10 see 1ha1 one of 1he Council Members
n:cognized ii as an insuru,cc policy becaUIC lha1 is c.ucUy wha1 ii is. It is S6 a quarter, which brc:,lts
down lO maybe two movies, a chc::,,p subscription 10 a magazine. or a si :c pack. but we \\ill pay one way or
auother, he said. !flhe ordinanc, Sia)'$ lhe way ii is. someo ne 1' going to be cryinc because d1ey gal a
~2.000 bill . He said he is for ii becaUIC he would pn:fer 10 pay S25 a year, or wha1ever 11 is goi ng to be.
He opined lhaL e\'cn if ii goes up lu S 100 ii is chcopcr lhan lhc cxis1ing ordin.incc . He encourngcd
Council 10 look at ii in lhat light He cilcd an c.umplc of somcUung """ happened 10 him. He said he
owns some property in Denver and had to have 35 squares of sidewalk put in lasi yea r. The cost was
SI.SO a square. lf i·ou an: a contrnc1or, he said, you c:tJt estima1e lhe cost of lh:11 , Vcmis 1his . Ibis is din
chc.1 p.
John Talc said he owns a large co m~r lul at 955 Wes1 Q\.ford A\·cn uc. The Ci 1y apparcn1l ~ has unlimited
funding for concrete repairs 1ha1 lhcy deem m:ccss.11')· alrc:u:ly by the fon n of mand.,ting tJ1c homeowner to
p.iy for 1he cost of replacement . He :ukcd where 1he shona ge of funds e.~1s1s. He said he docs no1 sec tJ,is
fee . which he said Lhc Cily cla11ns is onl y $25. ns a l.1.~. He sai d he secs II more as a fonn of C:\ton1on
pvcn the fact that. if you don ·1 pani cipatc in the progr.u n. gu ess\\ hich propemcs arc going 10 be 1:irgctcd
fo t concrc1c replacement. the ones th.ii arc pa yi ng their fees or 1hc one the)' arc goi ng 10 get Sl.500 ou t of.
or S2.000 o, 1he elderly lady who had lo lake oul a loan for $700 . He said he agrees wi 1h Ilic engineer
who So1id it is public pro pe:ny . Why docs tl11 s priv:ue citm:n h.we to pa.~ for rcp.iirs on a publi c street. he
l■sleWood City C01111dl
April 7, 1997
••ce m
11> u ) TII) boo""l~•l
(~I • lm1I~
.. , :t:tt:41
ukcci He ..J thl' ii I ri~ .... lala ~City~ lilt~ fo put~ um..,_uy
media , down ,,. He aJd be cloes •bow-lrtbe, !=hY, IJ, l'"rirl1 for 11111 or licit~• someo,w ii poytng
for ii. Mayor B111111 ~ the 5wc ad l'edml P!(DIDCI_IIS ~ payin1 for lhal Mr. Tale Sil d he Is 111N1
tile City had somelhin1 lo say -IL ;..,.. oliil..cit 'Meaibe'rr 111d 1111, k is II State lrip'I)'. Mr. 1'1111
ald tl,c lady who avcrqed it ouulld ii,_ IO abliot Sl5.00 ptryar per bauscliold. he said he doesn 't
... how this money ii r,& to be ~ to ooi!'I the necem,y rqllirl. He said he sees !ho amount
of work being done ~ng. IICl imalillg. witli lhls. ltjustlb!m'tmi logj.!al, heiaid.
J
Ken Slcll'en, 480 I South Acoma. said km been looting II the numben and .f "'' divide 1500 by 25 it
i1 60 )'Clll. He Slld be thinks the Cilyis llltlillg out 1'iih tbe 11:e Illa lowand ••"-' !Oyean there won't
be enough 111d eilher tbe fees Ill! ,aiqlD ,:, ft)' up or you aie1 goin& iD baYe lo , · • out of the prognu11 .
He said he~ Ws could be c:il!ed-=ial lOCIIJ'ity or"""""'"' goiDa to""' oat of money again . He
or,ined that there ii not ~ in Illa,, and Ille his are going lo haw to &O wry <Mr $25 a year to do all
the work .
Council Member Habenicht asked Mr. l(4m lo .addn:ss the ll0111101 iife o/ ®ncre1e IUld how this was
based on that Mr. Kabm ~rlllll. •.,,.put the concrete tdility IIJF!her, we dld a complete
in\'eotory of the concrete 111d d<!ermiad..,. llad ~2 million wo,th of liability. We looked at wha1 we
1hough1 was 3 n,asonable fue ~ rl coaaete. he said, :.!ding tb:lt recently, the Rocky Mow11:il n
News stated that if you pill a coaaae ~ in 1oday }'OU could <-'P"C' •~ life cxpecw,cy or 25 ,..,,..
The City used a projed.ed life~• rl7' ye:,r.; and divided that into t'ie :1-12 million ond detennined
wlia• we needed if concret< lasrecl 75 )'Gil. We are. in !act. applying that lllUintenance nue to concrele,
much of which is <O and 50 >""" old'. Mr, ltabm advisal, and acknowtedg,:d that whal Mr. Steffen said is
possibly corm:i. 1har as time &oe!i oa. rk fec wi11 lta\-.1o be rai!Cd beclme"" hive'al~y used a very ,
\'Cry conservative life expc:cuncy for tltis coaciae.
Da"c Shavlil.. representing launanuef LiaheraD Chun:h, 3695 Soutlt Acoma Strcer, fold Council tha1 the
chu,ch has throe comeB which illduda. 2 parting lots and the propcrr; Iha! lhe church resides on . He
n:colled that there was a cx.mmen1 madlt !hat lbe:e will he a diJTerenl fee for commercial. He asked
whe1her the church i, included 10 lhe c:amm:n:ial and how much l11e difference would be . Director
E11erly responded that 111Crc ,re DOI cllllatnt tee; for c:nmmen:ial ond res,denrinl. Commercial and
residential fees on a per squ.V< foot i... are tbt same. What we expect . however. is that the numbers
,ha1 "~re included are for typiol rrsid::dlial prq,er,ies that are typicolly shaped. he ,aid. We e,pec1 1he
commercial :mas more likely 10 ha.,.. btisulcss<s to occupy a larger poroon or an en1in, block. 11,e
cruculations get to be more comp lic:ll<d. in those c::lSCS and your obligation is going 10 be more 1h3n 1he
1ypiol 1olal cnlcul3tions tha1 "ere sb<m1l he 3dvi,ed. but the cost per s-.= foot is 1he some. Some or
tile businesses downtown ha \'e 10 foot •idc ST<lcw:llks and. •lthough the COIi per squ,rc fool is 1lie s,rnc .
some businesses -.ill have a larger U>r.Jl! liabili1y Mr. Shavlik ,aid the church lw aboul 133 feet 111111 is 10
f:ac: \lide ,nd he opined thal lh~ are per babl) looki ng at 310t!nd S400 a 1ear. Counci ! Member Vormiuag
,1k ed if the churtl1 would s-jll g<t "Op.=• otf on the comer lots . Mr Esterly responded 1ha1 on lhe
setondary froniagc lite c:1lcula 11on i,wJ:! be the same. it depends on ho,,• 1he building and 1he nddress an,
orie nted in relation 10 the propc ~ P'.e lIMtcd Mr. Shavlik to call the Ci~ to rcccirc an cstirrL11c on 1he
liabiliry for ll1e church pro pcrt)
G, .. rge Noffsinge r. 4795 South Cheroi;:,e SUffl. sai d he has lil'td OI lh i1 ,dd l~SS for 42 )'CUB . The
co ncrclc was in when he mo,cd there Jm:d one block has been rcp l:1ced during that 1i111c. He s1n1cd 1ha1 he
has been in the construction business ;c:cund rhis 3rc:l for almost 50 yc:Jrs and opined 1h:1t rhc City has o
,·cry n::1sona blc plan here. He jCL..ncwta::dgod that lhc cost of C\'e111hmg goes up. 111c graders hn,-c done
liuJc dam.Jgr. 10 his concrete. he s:m1 ~g 1h.11 if1hc streets weren 't kept clear of snow we w 11ld :111 be
squawki ng about thal. He said • has done l'Ort ui1h the Colorndo highw:1 y depnnmcnt with bigger
con tractors and the City has the s.une spe:cificuons on ~he concrete rh.11 the s1n1c highwnys hn\'c.
1111 1
I
ul ,.,,
•
•
•
laatc"ood City Council
April 7, 1997
Pase 19
concmo 11 ~ 27 ~; after 1l U ~ lie IIM..d. conctele cloes na1 ...di Ill'..,..._ Therefore, boa~ P!'! it ii) il is \'!'&it' CltiD!II. Under 1~-.:oe ,p,cillcalioas the ia11ia1 -,ill or
Mng\h for 27 years, and~ ltial h do~11. He rel~ that this l1 it sOOd progna _. lie
IUpports iL
l'elcr KcnL 3227 South Cbetokce Su...~ complimcnlCd the Pu',lic Works Oepanmcnl oo the .,.Sjob
lhey do for the City . He asked how the aroas ,.;11 be chosen lO receive new concme 1111d ,..._ die
prognun will be accclcnlcd. Mr. Kahm responded lhal he IUl!)CCII il will be on an as n.cdedl llais.
S1arun1 out city•wide in identifyi ng the "·om concrete in the City and 'he priorities would be fllllod on
1h11. He advised lhal lhcrc Is a subsunlial amown rf COOCfflC in lhe L,<y that i1 5Ubslandatd,... ..,._
With paSI sido.~ dif,itl'-~ recalled. lhc direction lO Sllft'wu lO pick the WOl'Sl loatiom ill lbe City.
and lhcrc shouiGJ1 'l ~ anyone able lO qucslion ~1,elher or not the c:oncrclt noedod Ill be ~ As a rawt,
lhc majority or lhe concme included in ll-osc prog:'lffll was concrete that was off IP Jc 2112 cs 3 iDcbc:s.
ThaL he s:.id. is lhe level jV<'"5 I""'' , •I II th is time and he feels lhe ~ of COnmlC Iba Gle City
wanlS is a higher SWldard lhail lhat. so we .. ,11 swt wortillg !'rom tlw point towanls w"""'-'lewel Ille
Ci,y Council determines lhal we can alford . ~,. Kcnl asked if il will depend upon money .....ie. Mr.
Kahm responded a11lnnalivdy. Mr. Kcn1 asked if handkap rcplnce1ncn1S and inlctS on a,,... ill cost
more. Mr. Kalun said lhc City is paniclpati na In the'progrvn .... owner and will pal I aiflllr llll or
lhc 1<tums and all or lhe COOCfflC associated \\1th SIOnll .....,, 10 that is not an issue. ~ ar:11111
returns. arc put or lhe propam. BuL Mr. ~ st 1tcd, lhc inslallation or handicap ramps. .-Ibey do
not presently exist. is part ora ditrc!t. t procram and we' .ue proposing'tbat we wiO amlirme .,9illld
handicop r.1111ps in a separate progr.un at a ra1c or :itioul SI ,0,000 a l ..ar.
Jane, Spangenberg, 3268 Soulh Downina S1rcc1. voiced her support for lhc pn,gr.un. She fcel!!o ttt is much
belier lhan wha1 we had prcvious ly.
Elwood Johnson. 4304 St-ulh Jason SlrCCL said his propeny backs up 10 lhc dumb di1ch :tw lab all over
his propeny and has be<:n Oooding . He feels the voluntuy non-participation provision shoald''!lejunkcd.
I• should be pul on lhc IJallol and lei the homco1111m ,·010 on ii and eilhcr you get ii or you do: l F' iL U
) ,u wan1 a substi1u1c for 1hc co ncrctc progr:un . he suggCSlcd. you can go lO a plan similar to lullldon · s
w,1e:. the homeowner pays h;JJ' and the Ci1y pays half. and it works .
Suzanne Riley, 4111 Soulh Galapag, S11tcL asked whal is ccns idcrcd a Ci1y sidewalk. or rs lb= such a
thing anymore. Mr. Esterly responded that i(shc is lalklng ahoul lhc rcsponsibiliry oflhe C-uyfor
main icnancc. examples wnuld be lhc parks around 1own. lhc sidewalk around lhc ,;,, Hall bwiidiDg. lhe
Sare,y Services building. firc stations. the Engle\\ood Recrca1ion Ccnlcr. Those would all be~
1ha1 :ire owned. operaled and main1a ined by 1he Ci ~·. The Ci rt, as property owner. is rcspnmil!:ilc for lhc
concrclC in fronl of 1hosc properties . Ms . RIie, asked about non•rcsidcnlial roads . She S3id sli,t r ... -.. off
of Oxford and she was 1old 1ha1 0 .'<fo rd i1 11v longer a rcsidcn1ial road . Mr. Esttrly ;aid lhen, "' 110
diffcrcnliation between rcsidcnliaJ. r.011 -:. ,1dc nu al. collector, or ancriaJ . The fee is based enur:::h1 on
whether or nol there is currently car ;:t t · :n fr om of your property and has nothing to do witl\ ~ road
construction .
!Clerk 's no1c : Letters were submiucd f1\)m the follo\,ing citi1ens regarding the concrete uulJcy • V S
(Stc,·cl Srryyssar. 2900 Soutl, Cl orkson ': .1,ci : ~1',y I. Polso . J9SS Sourh Gron! Srn:ct : Bcmu::e Sus,-'lk.
2908 Sou1h Shcnnan Street: Conr.,d it ;..aid E1J1cl ~I. Slroh : A Conccmetl Ci11 zen : :rnd fact IC:u!lOrd. ..$~0
West Jefferson A venue . I
There being no funhcr qucstitJns and. as 1hcrc \\:Uno one cl!:C present 10 spc.u 10 1hc issue. ~t..:.-or Bums
asked fo r a motion 10 dose 1hc public hcanng .
1111
l) .,,
1q1cw...ia.c_.
April 7, l"1
.... 20
h>nuo I t" ) boow,l~n3
tN>r ,· In~/
~I ,,.~
COUNCIL MDDD WIGGINS ~ovu.AND IT W¥ sa:q>NIIEP, ro CLQ~sa: t'uBuc
BEAJUNG 'JO G41111:R ClTIZ&N INPUT ON TU Pllc;>POSl!i> CONCjllTE •
Ayes: Council Mcmbcn Vonnfuag. Wlgins, Habenich~ agoner, Clapp,
Bums
Nays: Nolle
Molloa c:anialad • public beariA& closed.
10. C-"-""'
COUNCIL IIIIIOEll WIGGINS llEMC'VDI AGl!l'(DA ITEM 10 (al (ii) FRQM m i'cohSENT
AGENDA. '''
COUNCll, IIDIIIIU WAGGONER llEMlWJlD AGENDA ITEM 10 (al (v) FROM TJll
CONSENTMZl'IDA.
COUNCJLIIDDDCIAPP REMOVED AllJW1DA ITEM 10 (a) (Iii) and C,v) FROM Tm:
CONSENTM;ZllfDA..
COUNCIL IIIINaD WIGGINS MOVEll, AND IT WAS SECONDED, TO APPllOVE
CONSENT AGENDA mMS 10 (1) (i), (u,, (n'), (vii). (viiO ud (,) ON FIRST R£ADING.
(a) App,M on First Rt::lding
(i) RESOLlJTION NO. 42 , SERIES OF I 99 7
A RESOLUTia!'l F<lll A SUPPLEMENT AL APPROPRIATION OF THE 1996 BUDGET FOR THE
CITY OF ~WOOD, COLORADO.
(u) COUNCIL BILL NO. 29, INTRODUCED BY COUNCIL MEMBER
WlGGINS
II BILL FOR A."1 ORDINANCE ENACTING A NEW TITLE 5. CHAPTER 24, OF THE ENGLEWOOD
Ml~lCIPAL COQE 1915 EN1111.ED TATTOO ESTABLISHMENTS AND AMENDING TITI..E 7,
CH.-'J'TER 6E. SECTION 5.
(vi) COUNCIL BILL NO . 27, INTRODUCED BY COUN CIL MEMBER
\llGG INS
A 31LL FOR ~ ORDINANCE APPROVING SUPPLEMENT NO . 130 TO THE SOU11-IGA TE
S.~,lT ATION' DISTIU CT CONNECTOR 'S AGREEMENT WITH THE CITY OF ENGLEWOOD .
COLLlRA!Xl FOR THE INCLU SION OF LAND WITHIN THE DISTRICT BOU:-.'D ARJES .
{m) PURCHASE OF A 4-WHEEL DRJVE VEHICLE ON ST A TE BID IN THE
A.\IO UNT OF 1:!4.9_ 80 FOR THE BENE FICI AL USE FARM .
(mi) RESOLUTIO i, NO. H. SERJES OF 1997
A i\ES OL Ull _ A ll'AROING A NEGOTIATED CONTRACT FOR ENGLEWOO D'S I 997
~UCROSURF ,>£ING PROGRAM INSTEAD OF THE COMPETITIVE BID PROC ESS UNDER
A
•
•
•
•
•
•
l ■pewood City Council
Aprll 7, 1997
Papll
nuo:l •Ji") boow• l:,n,]
"l'('f ,"' lnql.
~! ':J"q
SECTION 116 O,~ OF W, HOME RULE CHAR'l'ER AND SEt."llOtl 4-1•3 OP nm ENGLEWOOD
MUNICIPAL CODE 198!. ' rn-i: ' ' I I JO'l
, 11 nn
(x) CONTIIACT Wl11I LAYNl!-Wl!5TEIUI CBAPAHY IN TiiE AMOUNT OP
$42 ,314 .00 , FOR AN IRRIGATION CONTROL SYSTEM FOR 11iE GOLi' COURSE .
Votemulu:
Motion carried.
Ayes:
Nays:
Council Members Vonniuag. w-,g;as, Habenic:1L Wagoner. Clapp,
Bums
None
(iii) Director G,yglewicz presell1Cd ~ ,a:a I • • &am lhe Depamnen1 of
Financial Sen ices 10 adopt a bill for an o· .. ::e C!Cllin& a ..,.. cllaJte,-ia the Englewood Municipal
Code coiablishing a license f~r Secondlw,. Jlen. Mr. GryglCMCt 1111d Coancil lhal lflhis bill is
approved. it wi ll establish a license for Secondhand Dcolers in lhe Cilr aC Eaglewood. 11111 ,...s discusal
wilh Council al Study Session on March 3, 1997, he advised.
Council Member Clapp "-'-Pressed concern lha1 this might cause --on some oflhc secondhand
dcolen such as lhriJI srma. She med if !he record keeping lbr ~ pn,pcrty, •lCh II camern.
!devisions and sno111>oards, is Iha! similar to lhc ra:anl ki:oping at a.........,.
Mr. Gl)'glcwicz responded !hat Purchasers of Valuable Articles ba>e tk same rcquircmcnlS. lflhesc arc
non-profit thrift stores, he said, Ibey arc specifically exempt from dlis licoasio. The in1cn1 of this ti~ is
10 look for people \\bO arc selling secondhand hems. not gi'1ng lhem .,-a dlT ' sllop or a Gooch,111 .
Asking for clarification. Ms . Clapp said thal even lh<J\lgh lh<t arc sdlisog the items. that is different
bcc::usc Ibey arc bemg donated . She asked if selling fc , • profit mai,:s a dilfcrcncc. Mr. G~·glcl\icz soid
Iha! a for-profit secondhand store would be required 10 record who !he!' go< tbeir items from under this
ordinance.
Cil)' Anomey Brotzman added that , currently, secondhand stores wm Ille State provisions arc rcqwrcd
10 keep 1,1csc records. This. he said. coordinates our record keeping wid, tk State rcqui:<ments . The
only addition is !he rec. Ille record kcepin& is not an 3dditional burdm, L.e said. and they should already be
dning ii. There arc some. he said. Iha! do ,1 ·1 currcntli· do lhaL and dla las been one of the problems.
That is why yo u art seeing Ltiis ordinance . Finance wanted to coordimlc: tbcsc two issues. llS did the
police depMment. The reason non -profilS arc c.'<Cmpt. he >chism. 15 bcc:wse when you l n: making•
donation. there probably isn ·ta I hen issue.
Council Member Cl,pp said she is concerned about !he small mom .md pop ston: that might bu)· 3 used
sci or skis and put lhem in lhc ir shop . Mr. BrolZ!nan said 1he problo11 •i lh dollar issues is lhat Ille new
are:,, of theft seems 10 be compulcr games and CD's, wh k h is 3ddte:ssed by ems bill by prohibiting ccnai n
saJcs by minors and 10 minors. as well as the record keepi ne so UIC) c:.:c:i ua::e the items to sec where they
arc coming from .
COUNCIL BILL SO . JI. INll\ODUCED BY COUNCIL ~!BIBER \\~()(jl S
A BILL FOR AN ORDINANCE AMENDING TITlE 5. CH..\P'ITR 1-SECTION 6. ENG LE WOO D
MUNICIPAL CODE 1985, BY REPEALING SECTION 6 AND REENACTING A NEW CHAPTER 15.
OF Tl'l'LE 5. TliE ENGLEWOOD MUNICIPAL CODE 1985 D1TTTI..ED SECO NDH AN D DE ALERS .
II
laskwood City Couadl
April 7, 1'97
Pace 22
"' ') (I• ) hoo.,,ljjn I
't'l' 'I lhfJi1
!t :,~t'l
( ' ' COUNCIL MEMBER WIGGINS MOVID, AND IT WAS SECONDED, TO APPROVl: AGZ.~DA
mM 10 (a) (Ill)• COUNCIL Bll.L NO. 31.
Ayes, Coucil Melnbon Vonniuae,. \l,'ia&iN, Habcniclil, Wag,pncr, Clapp,
Bum1 '
Nays: None
Motioncanied.
(iv) Director Fonda prcscnled a r,,commendation from the Utilities Department to
adopt a resolution approving the Water Conservation MIister Plan. Mr, Fonda swed that this wu
r,,commcnded 10 the Council by the W11er and Sewer Board and is a conservation plan lhaL under Swe
law, we arc required 10 provide. He said he believes all of the requin:ments have been met ond it will pass
review by the S111e. The WIier colllOMlioa plan is requmd in order for the City 10 apply for any State
grants or 101111. The JIUll&C ol lllis, be said, ii,,coa,es a critical issue in gettinJ new loans from !he Water
Conservation Boord. ilr whicb WC will be applyinJ in April . The plan sets up a number of conscn'lt ioo
iuucs, he advued, aldlough the lanJuaae is such that it is JU51 • plan. an intcation ond is not yet •
requirement yet. Although. he said. he fell that by the y,ar 2010 or 2009 the conycrsion 10 meters will
br.comc • requi=nt wbcther "~ pass this or not. ·
Council Member Habcaicht asked. for the r,,cord, if tho Wat:r and Se,1~r Board bcld a public hc3ring on
tltis . Mr. Fond, responded affirmatively, adding lllat ii was publiihcd in the papers. Also ~•ding 10
Ms. HabcnichL Mr. Fonda said that no one spoke against it at the public hc:uing.
Cow,cil Member Clapp asked if then: would be a financial impact to the City of EnaJcwood. Mr. Fonda
said it could. as \\'C implement it, but lho5C arc fairly minor things. The major financial imp.ict is if we
got a low interest loan for the water plant. He said the loon would be pn:lly equivalent 10 the GO issue 11~
wen: talking abouL Whoo this passes, he said. he will put in for 11,c loon witl1in the nc.-i couple of 11~ks.
and"~ will probably know befon: July.
Cound I Member Waggoner oskcd if this is the entire wrillen document . Mr. Fond:I r,:spondcd
affirmativcly .
RESOLlITION NO . -1-1, SERIES OF 1997
A RESOLlITION APPROVING TIIE WATER CONSERVATION MASTER PLAN FOR TIIE CITY OF
ENGLEWOOD. COLORADO .
COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
IT EM 10 (a) (II-)· RLSOLUTJON NO. -1-1, SEklES OF 1997.
Ayes : C,,uncil Members Vonninag, Wiggins. Habenicht. Waggoner. Clapp.
Bums
N:ays : Non,.
Mo1ion c:irricd.
(v) Director Fonda prcscn1cd 3 recommendation from lhc Utilities Dcpanmcnt 10
adopt a bill for an ordinance approving nn c:iscmem with 1hc Colorado Water Conscrvauon BoJrd fo r
improvcmcn1s along 1he So uth Plaue River Channcli1..11ion Project. Mr . Fond.1 cxplainecl 1h:u 1h1 s is
something we ha,-c been t~ing to get for several years. They will gr.uu us an c.,scmcnt aJon g tlic Sou1h
Plane Rh·cr within their boundaries to run a w1ncr line from approxun:uclr Oxford and 1hc PlallC Rhcr
south to the Union A\'cnuc pump station . He s,1id we designed 1hc golf cou r~ brid ge a long time ago 10
accommod:ue such a w:ncr line . It "i ll allow us 10 1:UCc wal er from Bear Creek an d then run it O\'Cr 10 1hc
Union Avenue pump stati on and p,1mp ii up into the Ai!:,1 Plant. he :idriscd. or we ca n pump ii 11110 1hc
J?,
, I.
1 ol
•
•
•
•
•
EnaJtwood Clly Cauacll
April 7, 1997
Pace l3
lnnun , orJ hon,,,, n f
,~e1 t lhq /
1,~1,:'l
City Ditch and do an exchallce bad. IO McLeUu Reanair ror ll<np. Since wc bad supplied several
la ps 10 !he Ten Thouaand T,... Proje,:I. they waiwd ..._, wr marl<et value. whic~ "ould probably
have been In lbe 111111" of alJout S,0,000, we -.-, ....,, wkh lllal JIIIIIIWloa, be &lid. lillce Ibey "' ,
.,. pvin1 ii to us lbr aboat n.ooo. ~ is ....,_,..,._ dllr apeat •-...,, A:el far die Stall: n l
attorney.
I
Council Member Wqaonerald lie Im IIO ptGblea ..... _ wilh tbe Colotado Wmr
ConS<l\'DUon Board and docs not have a problem wita,,.. ,pocw pcnnit for !he M1Cr laps. which E..bibil
B says.,. for !he sole pwpoee of lniplillc tms ....,._."Y *Tenn-and,.,_ l'nljecl. ud in tbe
body of the -.nem they relb to die ..,ecial pemlil -• n,qulrmncnu lhenlia. Ht·said he bas oo
problcn \\i th lha~ bu1 docs have a problem with.,..._ .,tlvc ofdle-lbelf under lhc
willlcsscs . where It IWU out •1wo -taps for tlle p,11;,mc ol irrigating irea planted by the Ten
Thousand Trees Pn,jecl". It tllefl ll)'I, which he...,._, is ....... be cbjecu IO, "or for lllOCher irription
use designated by South Suburllon.•
Mayor Bums aid South !aburlllft 11 not a pany IO llil. 'Mr. Follda said they will manage the IJ'<t'S
proJcct. There l1n'1 much they could use ii for . he.._ .. \iile aoes along die lnleS. lftbey put in lOIDO
gr.w or sollldll 'ns, Mr . Fonda aid he docs not this -,...,Id object.
Mr. Wa11oncr said he would llltc 10 take out the,.._...,., a,llllher irrigation ... .., 11 desipa1ed by
South S1•bwi>an ." Mr. Fonda wd he docs not lhulll -::. t• ,. this was their bottom line. Mr. Waggo ner
said that mcan.1 they could use It anywhere. any ,..,._ .:..a . I oeda disagreed. saying he feels it Is 31 tbea:
laps. they are at a speclnc loclt io n .
Cl~i ng fo r Moyor Bums, Mr. Fonda aid !hey -~ at a cennin loc:al ion and !he lines are
already in ruMing nlon u lhc Plane RMr wl,ere the l1'IIO:I 1"· Mr. Fonda 3ddcd tha1 , in his vil:w, 1hcy are
no, 1ransforablc and they can only irripic the 111111' lllat! is aloag lht _lfttnw11y .
Council \1cmber Habenicht IISl<ed for a lepl opuuoe en thaL City AIIOntC)' BIUIZIIIIII said he does not
know if , he needs one. He aid ne c:u, otrcr lancuaP llO add or wc can 5lrile lanpage. bu1 if Mr. Fonda
is sa1fo g :his is• botlom line issue llM they.,. not ...,. ID add or subtnlCI language on ti1c other si de,
then Counc il will ha ve 10 d"1l "1th whal is the re. Mt Bnlaman no1ed 11 could be made more clca.. bu1 if
they :ire not going to ncccpt it, how 1mpona n1 11 u to W5
Mr. Fonda said there have been a number of l•nsuaF 'tlw!gs where we ha,·c had 10 co mpromi se quile a
bi1 and the problem is they don 'I ncccaaaril y want 1-;, -IIS lllis easement Thi s is one ll u 1 look us years
10 ge l 10 Ibis point. He Slated he did not think ti-""ilm<d there lhat they could really irriga1c a whole 101
l\i lh . beca use it is very limiled in where lhnl li ne ,....,
Counci l ~!em ber Clapp asked. if It is no! rcoJ impon:i:nt and it Is limit ed. then why do thL,. wani ii~ Mr.
Fo nd., sai d '"because we asked." He s.ii d he docs oor ii;no,,, If 1hey know why th ey "~nl it. they may'"""
to pl:1.111 grass or some 01hcr sh rubs :ind no1 JUSI be lumued lO trcc:s. but he docs no1 believe lhc laps :,n:
mo,·eablc . He commenled Iha< he just 1hou gh1 the-, 0:Jald pl&n1 01hcr ,cgClll tion along" here ii al=dy is.
Mr. Wa ggo ner S.U d 1hc onl y li sun~ whtn: the 1ap1 ant 1 •ti ls 1n the specia l pcrm ii fo r the water tap~. not
in !.h e ease ment i1.sc lf. Mr. Fonda added 1hnt llla-t bllltt~ vo id tr "c C\Cr lose 1hr ea scm cn1. we woul d
ti1 en gel the wa ler 1ops back . Bui. he noted. 11111 11 Ii:, Tm Tho11~111d TrctS
Coun ci l ~!embe r Wa ggoner s.:i id they spcc10c:all ~ mu \0 lbc E"l11b11 B spec1:1 I pc n1111 for w:1 1cr u1ps He
asked. ift.hcy use it for so mething tha t we obJCCt 104 .::a n v.c force 1hc issue ol 1l1c spec1:1 I pc nni1 . Mr .
Bro 1zman responded affi rmall vcli
l■ctewood Clly Council
April 7, 1997
Paae:14
Ii ow'.> (I b . .,,, al
tl!I ,fl q#
u,:: ..
!II I,
Council Ma■ticr llabeDicbt amd ii tbcn ii any way lllal lllil caa bo CO!ISIMd IO bo a '"II>' io 11p uuo
EnaJcwood -fbr_llle....,.._o(, for .,.._,Ille lllinialiwaolfc:oaneal South S¥bwtm, '41 .
Fonda said oo, "" wooldn 'I go along with Iha!. that !his is 11 lhal location, for lllosc llpS and !he llpS an:
already in exislcnct and !hey an: stJVing !he Ten Thousand T= Project only. South Subwban is in it
because !hey an: adminiAorill& !he Teo Thousand T,_ Pn,jed. but lhal ii all ii caa Rally be used for .
Council Member Waggoner qaostiooed ii I.bey lried IO mcwc lhe llpl ii we cwld also press issue with !he
IOCltion . Ciry AJ/. ,,,,.,, BIIIUIIIIII said Iha! ii aoffllCI. Dir!ictor Folllla respoodcd !hat WC Wlll&!d )IOI allow
the taps lo be mo,'Cd. 1,; .. im 'l IOlllfflU/111h11 us been puled.
Ms . Habenicht asked thal !hex queslionl tlld answer. b, re1leo:ted in the minutes "' Council cu, n:fcr
back IO why they voted for iL
COUDCil Member Wip <OIIIIIICl!lcid •JIM ll'C would be shootiJI& ourselves in the foot by uot accq,ting iL
because"" an: goin110 brilt1 water fllllll !soar Creek over here.
Council Member Wa11oner apeed that it is a good idea. but just questioned the pan when: they changed
the rules OD UL lie said IJIYUIIIO .-body changes tho nal<s be wonders abou1 iL
COUNCIL BILL NO . 28 , INTRODUCED BY COUNCIL MEMBER WAGGONER
A BILL FOR AN ORDtNAN CE AIJ!liOR!ZtNG AN INTERGOVERNMEITT AL AGREEMEITT FOR
AN EASEMENT FOR IMPROVEMENTS ALONG TIIE SQ(JJli PLATTE RIVER
CHANNCUZATION PROJECT BETWEEN TIIE COLORADO WATER CONSERVATION BOARD
OF TI!E ST A TE OF COLORADO AND TIIE CITY OF ENGLEWOOD. COi..ORADO.
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM JO (•) (v) • COUNCIL BILL NO. 21.
Motion carried .
Ayes : Council Members Vonninag. Wiggira. Habenicht Waggoner. Clapp,
Bums
Nays : . None
(ix) Dir«1or Black rupondcd 10 Council Member Wiggins concerning the
awarding of a co m met 10 Alpine Pool and Plaste r in the amount of $33,840.00 for rcswfucing :ind othe r
repairs at Sinclair Poe.I. Council Member Wiggins asked why we should in\'C$l in ll\C repair of rtus p:,ol if
we will probab ly, wi:hin a yc:ir. be building another pool a1 this 01hcr locati on . He asked why we should
spend !110 money r.:1her than put~ lemporruy patch on it Mr. Black s:iid lus guess is it will be at lC3SI
!l1rcc years or so 1.icforc the new pool is completed .
COUNCIL MEMBER WIGGINS MOWD, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 10 (a) (Ix)· A CONTRACT WITH ALPINE POO L AND PLASTER IN THE AMOUNT OF
SJJ,8~0.00, FOR RESURFACING A:'<D OTHER REPAIRS AT SIN CLAIR POOL
Motion carried .
Ay~: C01 :ci l Members Vo nniuag. Wigg in s. Habr:nicht. Waggoner. Clap p,
Bums
Nays : None
COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGE:-IDA ITD1S 10 (b) (i), (ii), {i ii), (iv) and (\") ON SECOND READING .
Dllqi1
•
•
•
•
•
•
lostcwood Clly c-u
April 7, 1997
Paa,,2!
(b) ApplO\'C oa Sccoad ladins
hmuo) 'f11 1 Loi , I n t
~el • Jnqls ,,
(I) OIIDINANCENO. 21, Sl!Rll!SOF 1997 (COUNCU. BD..LNO. 19,
INTRODUCED BY COUNCU. Ml!Ml!IEll VOIIMl'TTAG)
AN ORDINANCE REGARDING c..no Md.El.LAN INlliRCHANGE AUTHORIZING NEW DEEDS
FOR nos PRO.'ECT WHIO! R.EFllCT 1l{E FINAL DESIGN CHANGES .
(ii) ORDIN~ICE NO. 22 . SERIES OF 1997 (COUNCU. BILL NO . 20,
INTRODUCED BY COUNCll. MEMBER WIGGINS)
AN ORDINANCE AMENDING TITl.E 5. BY ENACTING A NEW CHAPTER 20 , OF THE
ENGLEWOOD MUNICIPAL COOE 1915. EN1Tll.ED SPECIAL EVEl'ITS .
I 'I ~
(iii) ORDINANCE NO. 23, SEIUES OF 1997 (COUNCIL BILL NO . 21 ,
INTRODUCED BY COUNCll. MEMl!IER WIGGINS)
It
I 11 ~
AN ORDINANCE REPEALING TITl.E 5. CHAPTER 6, OF THE ENGLEWOOD MUNICIPAL CODE
1985, AND ENACTING A l\'EW TITLE 5. CHAPTER~. ENTITLED ADUI. T El'ITERTAINMENT
ESTABLISHMENTS WHIO! UPDATES. a.ARIFIES AND BRINGS n!E LICENSING
REQUIREMENTS FOR ADULT El'm:llTAINMENT ESTABLISHMENTS ll'ITO COMPLIANCE
WlTH RECENT CASE LAW AND WRICH REMOVES ADULT ENTERTAINMENT
ESTA-• '.S HMENTS PROM ORDINA.'fa: NO. 25. SERIES OF 1996 WH!Cn PERTAINS TO THE
MORA iORIUM OF LICENSES IN THE CTN OF ENGLEWOOD . COLORADO .
(Iv) OIU>INA."iCE NO. 24. SERIES OF 1997 (COUNCIL BILL NO . 22.
INTRODUCED BY COUNCIL ME.\IBER WIGGINS)
AN ORDJNAJOCE AMENDING TITI..E 5. BY ENACTING A NEW CHAPTER 23. ENT!ll..ED
PURCHASER OF VALUABLE ARTICLES AND t~'IIIENDING TITLE 7. CHAPTER 6E. ~ECT!ON ~-
BY THE ENACTMENT OF A l<'EW ?ARAGRAPH E. OF THE ENGLEWOOD MUNICIPAL CODE
1985 .
(v) ORDINANCE ~'O. 25. SERIES OF 1997 (COUNCIL BILL NO. 25
INTRODUCED BY COUNCIL MEMBER WlGGINS)
AN ORDINANCE AUTHORIZl:-IG AN ll\7"ER GOVERNMEl'ITAL AGREEMENT PERTAINING TO
THE ENTERPRISE ZONE MARKETING COl'ITRACT. BETWEEN THE COLORADO
DEPARTMEl'IT OF LOCAL AFFAIRS . ECONOMIC DEVELOPMENT COMMISS IO N ("E .D.C.")
AND THE CITY OF ENGLEWOOD
Vott results:
Mo1ion c:irricd .
Ayes : C:JUno? ~fcmticrs Vonnilfng. Wiggins. Hnbcnicht. Waggo ner , Chipp,
6l!!rns
Nays : ~c
11 . Ordinances, Resolutions ad '.\lotion s
(a) Approve on F1 rs1 Red.mg
lapewood City CINl■Cil
Arril 7, 1997
hce26
(i) Director Gryglewicz pr=nted a rcco mmcndalioll ftom tho ~ vi
Financial Services to adopt a resolution cstablishins fees ror Special Events li<:e111a. He told c-:il
thal. under Cbapler I oCTitle '• Council is 1,quind 10 ""Ille fee by raolutir111 far 1111 s,.dll E-
licenscs which they just appnMd oo aecond J'COding . Bei!'I • new licente, lie 18i,1, Ibis fell is iaiaalJ)' •
11 S25 .00 for the license anc! SI0.00 t< a>v<r ldminlllnltive cosu.
The resolution was assigned a number and l'03d by utle:
RESOWTION NO. 45 , SERIES OF 1997
A RESOLtmON ESTABLISHING FEES FOR SPECIAL EVE1,T'3 LICENSES UNDER "Tn.E .5 ,
CHAYl'E R 10, OF THE l!NOLEWOOD MUNICIP,'L CODE t9~5.
COUNCIL ::r::MBER VORMITTAG MO V.',D, AND IT WAS SECONDED, TO Al'P ROVE
AGENDA ITEM 11 (1) (I) -R£SOLUTJON NO, 4!, SERIES OF 1997.
Ayes : Counci l Membc11 Vorm iuag. Wiggins. HabeoicbL Wagoaer. Capp.
Bums
Nays: Nooe
Moti on c.uncd.
(ii) Director Gryglewiq pr=nlCd a rcconunendation from tho Dcpanmcoa ,r
Fi,un;ial Services to adopt a resolution eslOblishing fees for Purchaser of Valuable Arudc:s liccmls. Mr.
Gt,·glowicz said this license also requires tl!e f1e1 be set by 1CSOlution. At lhis time. i1 is bciac Kl :11
$250.00 for the licensc. SI0.00 for thoappl iotion fee and $5 0.00 for the background <bod<.
Mai·or Burns asked iftltis is a higa fee b,cau,e mort processing is n,quuod. Mr. Gt,gk-.>icz S3ld diere is
more City staff invol\•cmcnl
The resolution was assigned a number 3nd "'3d by ti tl e:
RE SOLtmON NO . 46 , SERIES OF 1997
A RESOLUTION ESTABLISHIN G FEES FOR PURCHASER OF VAL UABLE ARTICLES U~'SES
UND ER TITLE .l , CHAPTER 2J , OF IBE ES GLEWOOD MUNICIPAL CODE 1985 .
CO U~CIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPRO\'l:
AG'E~DA ITEM II (1) (ii) -RESOLUTIO N NO, ,6, SERIES OF 1997.
Ayes : Council Mcmbc11 Vorm,uag. Wiggins. HabcnichL Wa ggonc,. Oapp.
Bum s
Nnys : No ne
Mouo n c:mi cd .
(iii ) Director Gryg lcm ~ prese nt ed a rcco mmcnd.11..io n fro m 1hc Dc;lartmcat oL
Fm::nci :i.l Sc n~ccs 10 adrr rt J rcso lulion cst:tbl ishing fees fo r Adult Eni cnai nmcnt licc ns.:s. \if.
G~g!C\,iCZ told Coun cil 1ha1 !his rc.so hu io n sc:s the :t nnu:i l and inili al foes for Adu ll Erueru uuncn11
li censes .3 1 S2.00'J .OO and the :t pp li c.1 111111 fee .II Sill tlO .
Coun ci l Membe r Vo nnut ag as ked wha t \\J S charged previou sl~'. Mr. Gryglcwicz sai d thu lS in lrne .,.,th
wh.11 w:1.s estab lished pri or. althou gh we j o 1101 h;n e any li ce nsees al th is li me
rwi,r,lial
I, lnql. ~t, a'I •
•
•
•
~°'lt.-di
Aprll 7, 1"7
Papl7
Tbe raollllioa-migom I annber llftd read by title:
RESOLtmON ~-47, SERIES OF 1997
II
LI
It u J ,,1 1 oow,l:ln
'"l'rt, lm1J
l.!, a.:'t
A Rl!SOLl.1TX»I ESTABLISHING FEES FOR ADULT ENTERTAINMl!NT ESTABLlSHMENTS
UCENS£5 UNDER TITLE,. CW.P'TER 6, OFlliE ENGLEWOOD MUNICIPAL CODE Im.
COUNCU. IIDOER VORMrrf AG MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA lTDI II (a) (Ill) -R!S LUTION NO. 47, SERIES OF 1997.
Council Maibor Babenich1 commenled that she really hates the name Adult Entertainment She ,lid she
would like ID ca8 ii mott likc what ii is and she said she knows they have discussed ii in Study Session .
She said slit ....id jasl like 10 swe for the r=rd tbal she thinks It should be called IOlriahing else.
Motion Cllric:!.
Ayes: Council Members Vormiua g, Wiggi ns. Habonicht, Waggoner, Cla pp,
Bums
~-s: None
(b) ~,. 011 5=nd Rc!ding
Then:•=.., admional items submitted for approvol on !IOCOnd rmding. (See Agenda llem 10 (b )-
Conscnt Aga,d:a.)
12. Ge-.!Dilawioe
(a) ~'Of'• Cb.lice
l. ~'Cr Bllrm mnindc:d everyone that we ha,-c a facilitation bc1wc:n lhc Council and rhc City
Manager oo ~-11 Swedish Hospital. He urged emyone 10 come. opining 0ml ii should be an
excdlent sessioe.
Council Member H:ic,,:nich1 asked if the Ci ty Allorney is included . Mayor Bums rtsponded alfumauvely
2. Mayor Bamzs: ad\1scd tha t he attended a meeting initi:lll y ca lled Transit 97 . which is a group of
all manner ofbmin,s; people and interested group! and environmental people who nit supponing the
issues that UlC!' bop,, 10 ha\·c on the ballot This includes the inc rease in th e RTD sales tax from .6 10 one
ecol and the~ \'otC on Lhc gasoline ta.~. TI1cre \'\as a large coaJition of people who mc1 do\\11 a~
the Dcn\'cr Cham:: office "·ho arc organi zi ng 10 bad: these r,,c.1surcs ofvilnl interest in transpor1:·11o n.
he said. At tlu.s mec:::ng and at the mayors ' c:J.ucuscs and DR COG 1hey arc s.iyi!lg 1997 is the yc.,.r f,r
transponation p!=g and funding for the Dcn\'er metro arc:, ,nd 51a,e,,ide . Thci• ore go ing 10 be
meeting moa thJy. he wd. and the)· ha\'e v.irious 1ask forces 1h:u :ue be ing formed and rund mise rs in
order to champum t!l.r. ausc. Ma)o r Bums s.iid he "i ll be go ing from time to time to p3nicipa1e in that.
3. ~U~or Burns sai d DRCOG c:J.Jlcd bcc:lusc they h.a\'c a spring retrcnl. which they p.iy for ii' you
all cnd. in Col orado S:n,.ngs on April 18 and 19 . !fwe end up h:n-ing ou r visi onin g meeting wi th !he
ciuzens. he s::ud. he ,,.'l).J no; be :sb lc to go to that. Hr is. howe,·cr. 1cn1a 1ivc ly sig ned up 10 go .
4. M,yor Bllms sai d he ,nen<!.-d a sessi on laS1 Thurnia) at the ~alley Center about Dea n Askew ·s
Street Bc:st on pll!SJEDd gang activity th.It ,v:is ve ry in1ercs1i ng. He s:ii d there were about -1 0 or 50 people
there . Throu gh l ~ op . he sai d. lhc EnglC'\"\·ood pol ice offi ce rs who work in 1h.11 area were 1101 the re .
En1lewOOII Cit,-Cwodl
April 7, 1997
Papll
l1,nuo'1 fJ J .~ ·•l:nl
~,v1, .. ln11A
'"" ,:;i,'I
He sald they ,.~,. "amed al the session that lhe SWlllll<r of 1997 ..-:,,,be a rallf lOUah )Gt wilh aanp
nnd suuested thal "~ all be viailanl aboul lhat and uep uack o( any paa ICI.Mly thal ""find in
llngl""""'1.
(b) Council Mcmiler'1 Cboi~
(i) Council Member Clapp :
I. She followed up on a ,:quest lhal she lllldt on March 17"' oe Ille~ arpund lhe scboou.
She sald she !till has not gotten a buller point kiter 10 send 10 Mr. l!crulffl explaining what she
understil!lda is mostly a petitioaiaa proaosa.
2. She asked for clarification from Mr. Stanley rcptdiog bis mcmoa(March 11"'. It said i1 WCIII IO
all of Safery Senie<S. Mr. Sianl~ said ii wenl only 10 lhe four divis,on duds.
J . She JSked whal the amounl is thal Y/C cumnll,-have oul on loan far cmcrete repairs. She said
,he would be cunous 10 know whal is oulstanding. Mayor Bwns askal if :;be ..ans all of 1he citize ns .
Sh, responded thal yes. she would like lhe dollar amouoc
Mr. e..terly responded lhal ii would lake a while 10 calculalC lhal and it will ~ ID be very c:omplit:lled.
I ,e said "~ ClJ1 anrn~r lhe question aboul how ri uch is OU! on loan. bul a lley demcn1 lha1 goes along
wilh lhal is some people bad lhc work done al lhe same time 311d UI<)· paid a ......i perccol Also. some
people did the work lhems:lves and didnl use the Ci1fs 111ont)· and would ~oc:curred 31 the same
time . But. he ~pc:ited. we C3J1 answer the question about how much is Old oa loan.
Ms. Clapp said she is curious abo "l how much is ou1 on loan and how mud! oflhat ""uld be senior
citizens on a rt'-cd incom e. Mr. Esccrl y said we do no1 ha,·c that infonnalioa. He said I.here is a program
for seniors or others,.> , have difficulty paying whe~ they c::in ccfcr tJ13II unuJ the property changes
hand<.
Ms . Clapp asked if lhc hdy hen: 1his evening. who said sh : would just like u 10 go """Y· could actually
defer it. Mr. Est erly said yes. assuming her firuinci-'I suuauo n j~1.ifics lhaL
Mr. Gryglc,,;o, SJJd Ilic woman who addressed cv:111cil ha.I aln::idy dcfcrr<d her loan .
Council Member Waggoner op;ned lha1 wha1 some o( lhe pe-iple don ·, wxlcmaod is It~ we ha,·e had an
ordinance on Ille books for a long 1ime lhnl obligaJCS lhem 10 be responsible for lbe,r sidewalks .
(ii ) Council Member Waggoner:
I. He recall ed lhal. al 1he last Srudy Sessio n. Council discussed a i<lla of irucm to 1hc ~luscum of
Ou1door Ans and 1\ondcrcd if anytlung is in the wort..s fo r th.al.
City Attomr.y Brotzman said he believes there is a m~mg !hat was 10 ukc place between Ci () ~l:inage r
Clark and lhcir manager prior to thar lcller being fo rmula1cd. He said be •ill cacd< when Mr. Clark
returns .
2. He said th ere was a letter in Council 's pack et from Sandy Oslcma addressed 10 Council in which
she had SC\'Cral qucsuo ns. Quoting a qucslion in the lcncr. be red ~Who amoag you in your Qpxuy as
lc.1 dcrs of Lhc Ci () v( Englcwocd arc rcprcscnung DISl nct I""' He s:iid the .:im"'M:r to t11..1t qu csuo n is 1ha!
all of 1he :u-lar g~ Cl)Unc1l Members arc rcprcscnun g D,sm.:i I .1nd ,r she bas aD) quc:s 1ions she .:.m .:..1 11
If)}
•
•
•
•
•
•
E■ ..... ,d Cily COUDCII
April 7, 1"7 , • ..,2, nnuo) ,h) t,oo.,,I.J nl
.,,. I ,r lr,qJ
fl( ,:i,,
any of the three. 1be odlor Uuee q,Dlions la .. ldtet ahould "'vc.., ~ IO the City ~gcr.
he opiDcd. bcc:11111 dae an.,.......... qua,lic,1111 lbal &R IIOI ....Uolkd by Council .
{iU) Couacil Member llabe....:bt:
1. Sbo IDld Coancil wlla' ~ plaalure ii was lo 811111d lho par;ty hooprina Chrilljna Blombcra., Sbc
remindal Couc,1 dW a proclamolioa In honor or Ms. Blllmbcrg,on the oo;cui•• oi bot nincl)'-Din:h
binhday was pasS<d by Council in March . She aid tb~t Coullffi Member VGrJDiuaa also attwdcd aad
then, was a lot of press coverage. Sbt said MJ, Blomberg is a wondedul ,.,,,... who does a IOI aad ~,·cs
a lot. Couacu Member llabeniclll tba.1kcd cvcryone who worb with lhe victims· assistance people and
said Ms. Blomberg is oac of lh: many people who work with them. She said it was a 11':11 pleasure and a
rca: honor.
Council Member Vorrninag commcnl<>d on how fast ML Blomberg docs things . He said she can cn,ate a
blanket a day. Ms. llabcnicht added tnat Ms. Blomberg docs excellent work, having made uniforms for a
living.
, ,
2. She said she thinks ~c consent agenda is confusing and asked that lhc way of doing it be rc,.\sed. 1 11
She said it says approve on fim reading and some ofU1csc things onli· rcquin, one n,adin g. She asked
that it be clarified on the agenda.
3. She said that thanks to Council Member Vonr.iuag, she auended a meeting today about J
possible a:lebration around lhe demolition ofCinden,lla City for people 10 go in and say some sort of
goodbye. The meeting \\115 primarily with the Chamber ilnd 01hc r interested people who are looldng ill
providing people \\ilh an opponuniry to have one last look inside the mall . She 1old Mt. Vorrnittag he
was welcome to come to the nc.,1 meeting with her.
4. Sb: mentioned that lhe Parade Association is meeting this week and added that she would be
happy to n,pr=nt Council again in that cap,1ciry. This year should be easier because most of th, fundin g
1s in place .
Council Me mber Vonniuag asked ir there is a chaucc of gelling Am~ Van Dykcn t gai n this yea r. Ms .
Habenicht s:ud she was asked and said if she couJd she would . Siu: s.'U d Ms. Van flrkc n is a rcnwk.ibly
gracious young y;oman .
(i,·) Council Member Vonnittag ~,id he thought Cou ncil did a reall y good job
10night in the hc:i nn g by asking qu c.qfons and saving a lot of11mc b~ :inmcnng people 's qu cs11011s. He
tliankcd D,reaor Esterly and 'vlr. Kahm for a good job .
13 . Ci1 y Manager's Rcpor1
Mayor Burns thanked Act ing Assist:rnl Ci1y Manager S1anl~ for subs111111 1ng for City Mana ger Clark 1nd
for all the phone c:tlls the Ma~or has made to him tins week go in g O\"l~r the agenda :md answering
questions. He said he very· much appreciates Mr. S1anlcy talong up the slack this week while City
Manager Clark ii:. out of town .
(a) Acting Ass1s 1an1 Ci r" ~.,nagcr Stanley noted the Ci ndcn:l1 .1 Ci 1y S1:i1us Rcpon w:is
mc ludOO in Coun ci l's p:icke1.
City Attorney's Rcpon
Enalcwood Clly COllacii
A11ril 7, 1997
Paae JO
I nu J tJ1 > Loo,,·,l»n3
' '"11 .,,,.
ur:'I
(a) Clly Anumey Bl'OCZIIIIII ,_ I I COIUICII appn,wc a malioa for the lllC.horll)' 10
sign the letter of suppon for the pn,paoc,d ....... to 111cl!nvt....,,,,.,...,,......., AccllC)' lwcord of
[l,tislon. He said thiJ should ral:loe our~ oa Ille cop on our Lowry S<lllemenL and added thal ii
is somcwbal required UDdor our a:olemenl asr-lllat we ha"' MIii DolM:r a.od Wasic ManaaemenL
COUNCil. MEMl!R WlGGll'IS MOVl:D, A.O rrwAS !ECONDED, TO RECOMMI~:D nu:
CITY AlTORNIY TO APPKO\IE TRI Lt'nDI Al'ID AUTHORIZE TIii: OITY ATTORNEY
TO SIGN THE UTTER OP SIIPPOltT,.,. T1R noPOSED CHANGES TO THE
ENVIRONMENTAL PROTECTION AGEJIICY DCORD OP DECISION.
Motion carried.
Ayes : Coancil ~ ormilllg. Wigias, lllboniclu. Waaaoner, Clapp,
Burm
Nays: Nooe
15 . AdJoum . ...,nl
MAYOR BURNS MOV"'.D TO ADJOURN . The meeting adjourned 01 10:15 p.m.
~,A,i rJ i{!J,,
•
•
•