HomeMy WebLinkAbout1997-05-05 (Regular) Meeting Minutes•
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ENGLllWOOD c;m COUNCIL
INGU:WOl)D, ARA.PABOE COUNTY, COLOIIADO
lleplarS...-
May5, 1997
I. Call la Order
The "'IW•' meetins of the Englewood Cily Council ..... calJcd 10 order by Ml)'Or Bums • 7;42 p.m.
2. la\'\-"arioto
The invocalion wao Biven by Council l'v'.crnber Wiuins.
The Pledge or Allegiance was led by Mayor Bums.
4. Roll Call
Present:
Ab5cnt:
Council Members Clopp, Wiggins. Habenich~ Vormitu,g. W-.
Bums
None
A quorum was insent.
(Clerk 's note: The Dislrict I Council seal isvaaim due ID lherccalJ cf Council Member ilahaway by a
majority or 1bc VOie at the JanU8J)' 14. 1997 Rocall El<ction .(
5. Minutes
Also present: Cily Manager Clark
Ci1y Auomcy BrolZman
Ci1y Clerk Ellis
Director Eslcrly, Piiblie Works
Housins Specialist Nesller
Neighborbood Devclopmcnl CoordinalOr Gtabam
Planning Coordinator Still
Din:ctor Gryglcwicz. Financial Services
(a) COUNCIL MEMBER VORMIITAG MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 2 1, 1997.
Ayes : Council Member.; Vormiuag, Wiggins. Hnbcnicbl Waggoaa. Clapp.
Bums
Nays : None
Motion carried.
6. Scheduled Visitors
(a) Mary Dounay , Englewood Public Library Board member. Slated lhal lhc Board asked
lhat she make a presen tation 1onighl She noted there is a remodeling project lhat she lho ughl Council
h:-d received a lot of infonnalion on . Unfonun.11cly. she commented. like many otbcr pro.JCCIS.. the bid
, ......... C'Jl:!,0.ac:11
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c:une in higt,. Se IDirecu,r Lor,g a'ftl a memo 10 lhc Ulmuy 8omd membc11 asking anyone who did 1101
agrcc with Ille ..,._,~•had nadt io conlact hllh . SIie ld\,ili/d"'81 l,ne member coniactcd him and
said they-• ir , favor oflhc cbaagcs. so 1he Library Board held a special meeting today JI 5:10,
They lalked ....,. wbat other options were avallnble. Ml. obunay explained 1ha1 lhe Board feels ii is lhc
responsibility oldie Library lo maintain a safe and qualily environment because ii belongs 10 all 1he laX
P:,)'Cl1 in ~ and that we ,-S 10 proced oul inwstmcnl. The improvements 1ha1 would occur
wo,~d allow lllr Oily to US1: lhc building al some lime in lhe near filturc , She said 1hcy have heard lhe
run1011 that lhc Oily might like to pwchasc a new library , She commenled 1h01 lhe Library Board is a
\'Cl)' practical _, of people ond lhcy didn '1 sec any woy 1ha1 wc could have a new library in lhrcc. five
on d possibly ._ _,, )'<81!. So. she advised, the Board made a ·.,;otion, lhls evening, lhal lhc Library
Boord approve die remodel project oflhe Englewood Publi c Library as outlined in lhc memo wrillen by
Honk Long. -April 25 , 1997 , It was moved by Morga;CI Giffin and seconded by Sondl'ft Slllilhcrs.
lhcy discus,ic,i dlis for aboul fifty minutes and ii passed 6-1. Ms . Dounay advised lha1 one Board member
"~ ,lbscol boca-Jlc of illness. bul that member sent• note lo the Board supporting the re model . Another
member, who bll: a child earlier. has not :utcndcd meetings in the last three or four months, thnt she came
to one ~ (or about a half on hour aud "~"I home. Ms . Dounay S101cd they would cna,urage Council
10 approve tbi: moodcl project .
Mayor Bwns _,.,,led lhal lhcre bas been some discussion aboul this . If there was a new libmy buill
what time -it be built, how many years would ii lake and lhc needs tls11 were described in the
remodcling (lllljml. what your needs arc . He said he would presume whal she is saying is lhat they feel
lhat lhele --.-S thm lhc Library bas. He ilOICd tha1 some people have complained lhat lhe
Library woulrUIO shut down for a mon1h in August . Mayor Bums asked Ms . Dounay 10 comment on that
Ms . Dounay ....i lhar . of course. oonc of us like 10 see 1hc Library shut down so lhcy tried 10 pick lhc
umc that tllc:y llOllld ,.ausc the least bann 10 lhc community . Public Works and Hank Long worked
together oa tJusproj,.ct and they thought it was mon: economical and practic.11 to do it as a sin.Rlr. project
and have it .,__.n for thirty da),. She said lhc Library Board W11sn '1 lc1ppy wilh the lhou~i11 ofthaL
bu1 probably if JOU ba\'e 10 shut down lhe Library, lhc bcSI lime will be in AuguSI because it 1,,as less
us.1gc. school ism ·1 m session . So for the s.1fcty of both the compu1ers and books :tnd other technology.
th.11 was the IIICllil prx1ica l way 10 go about ii.
Coun cil Mcmbc-" Clapp asked . if we were to do the improve ments in the Library. what is special about the
di1Tcrcn1 load o(ligh1ing we would be pulling in there , And could they use 11ml for other purposes for
01hcr offi cr:s. Ms. Dounay ad,;soo 1h31 Mr . Clark visited the Boord mcc 1ing iu February and they talked
aboul the remodeling project then and lhey ha\-c talked about it scvernl times in the last six. seven. ei ght
monlhs. Oac ci lhc ideas 1ha1 has bee n di scussed both by Cou ncil and 01hcr groups is 1ha1 if•he Libra')' is
nol lhcr,: some,iring else probably reL11cd to 1hc Ciry will be there . such as 1hc couns or whatever, And
then: is no gmnntce. unless Council gu;ira111cc.; ii. that we will h:i vc a new library in the near future . She
opined that the-tibr.11)' needs to be co mfon .1 blc and s.arc . Ms . Do-Jray s.1id she und crs1ood 1h11t Council
has ins isrcd rfu::aa all busmcsscs lta\C 3 spnnkl cr sys1cm and the H\.Al sys tem is \"Cf)' old . it is 1he third
part of an .......-s pro,r-ct .md so ii didn ·1 m.1kc any sense 10 just ncl go .1hc.1d to protect the investment.
She pointed 0U1 11 is like her house. she m.1y decide she wants lo £?I her house. bul that she c.1n '1 let ii get
run do~n. she kas to maintain it. She noted ir lhcy nrc there for five to scveu years. that tha1 is qu ire a
number or ~:c:::ms Because . she s.1 1d. 1hc Cinderella City thing is \'Cry compli c.11cd nnd accordin g to 1hc
Chancr il ...-ouad be hard lo go for n bo nd cl cc lion . Ms. D01111:a y poin1ed out. thnt 10 build a new libraJ')'
would prob.lb~ be six to cig hl mt lho n cio llars nnd from th e bond el ectio ns 1ha1 l1m·c been presented
rece ntl y u l5 aa a \'Cf)' popular 1ci c.1 1111he co mmunit y.
Co unci l Member Waggoner asked Ms. Do una y if s!le wa s s.1yi ng thnl. C\'Cn th ough th e Libraf)' was
desi gned as ii library. the lighting is insufficient. Ms. Doumty s.1id she would s.,y ii is old .1nd ins11 ffi c1en1 .
She cxpl:wd that if you sil back a1 lhc 1ablcs, and try 10 read. the lighling is \'C ry poor. They pul new
li ghting ID rk schools and you d1dn ·1 1101 ice ii was bnd umil lhc new li ghtin g was in and then you reall y •
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E ■Jl"'ood Clly Council
M ■y S, 1997
PaieJ
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notice tho dilfe,-,,"/', She advilCd that one of Ill" \hinp they did two.,....., -Lhl;Y ..,.. ~ of
people 10 viait other libf¢cs. One of tllc oqvi0111 Ulinp Ibey bruupl llldi • die Boald wu tbe poor
li&htlng, l','l'ayor Bums said, ii would seem. if then, was anyplace ym.,... -px,d Ugbllog it is your
library. Ms. Dounay ........
(b) t Doug Colln, 3051 South Morion SlrCCt, stated thal dlis ll:0llDd bud bill, th¥ Couocil 11
.,,,.,.,,,fog.is a terrible idea. He opined Uiat the way the City could.,.,.. -,c IDOIIO)' is if they bury it in
the 1.1 ou.,J right now they won't have to publish it, or any futun, venioa ol111, io the newspapers and Uiat
will sa,a $50 or $60 . Mr. Cohn commented on the oppressive lllllOUlll ,:(_,..ort that small businesses
-.oiJd have to come up with to comply wit'• tllis law, the ll3IISaCtioD ,.,.,.,._ die lD checks, the saaff
IIaioiog. the police inspections, the weekly .. pons . The p■woshopo ahadr...,.10 do aU that son of
stuff, so the law would not ba\'e any affect on those guys at all. But. be aid. lbc llis lllioking of other
places that aren 't excluded from the provision as it is written. He a01c11JO,,cSoopas aclls used videos.
the linle ston, on Bl'03dwa y, Buy Back Games, sells used video games. He said as far as he can tell both
ofthoscston,s would be included in the bill. Mr. Cohn said be thiakslllal~ bcatcrrible idea and
that be bas been Uying 10 figun, out why the City would even COIIIC up elm bod of a law 10 sian with, He
\\1>Uld assume it bas something 10 do \\ilh stolen propcny. He nola! ii is aia:ady against the law ID steal
stulf. 10 II)' to sell stolen stulf and 10 buy stolen stulT, so he can 't figun, oar 1»11)• the City would C\'Cll
bother with this thing. His biggest concern, he stated, bas ID do wilh die iDm:aocd COSI 10 the polia:
dcpartmcnl ofall this extra burden )'OI. 3" going to put on these guys.. T~olficers olftheSlrCelS IO do
all tbcsc lD inspections, background checks and all that son of stun: Ml'. Calm staia! that his bigcst
concern, personally, is that he owns a hobby ston, that is cumntly -....-io Cbcny Creel<. They
have been actively looking for a location to relocate in Englewood. He ..-red thal the Ip>( he bas
right now is not very useful for the futun: for them . If Council passc,; lllis odioanc:, be said, tbcr have a
problem bcc,iusc they sell a few used games and jig saw puzzles and some olli!lcm on consignmcoL Thi s
kind of a crazy law, he said, would take Englewood out of the pos5ible incalD:ms for thtlll ID rclocalc,
entirely . Mr. Cohn reiterated that . as far as he can tell. 1hcrc is no reason for doing this son of law at all .
He said that his recommendation is 10 pu t it in tbc paper shredder md IIDl O!J'ID fix 1L He noted as near as
he can 1cll. and he may not have heard 1hc ,~l,oic story. that he can 't sec any r.cason 10 have the law al all .
Mayor Bums advised that Uiat ordinance has been pulled and staJT is,.,.,.,.""' ii at lhi, poio~ that it is
not on the agenda IDnighL Mr. Cohn said he noticed it Y'asn 't on the agoada. bul that he thinks it should
be shn:ddcd, not pulled .
7. Non-Khcduled Visitors
Mayor Burns commented that he noticed quite a few people signed up IO IOIIL "1>oul day labor. He noted
he was not sun, wlial issue tho)• wanted 10 tolk about. Mayor Bums cxplaio<d lhat the ordinance on day
labor is before Council ,onight to pass on first reading and set a public bcanms, The public hcanng
suggested is for June 2nd . He advised , 1f 1hcy want to make an officiaJ 5l3J.el1le.Dl Lh3t they want on the
n:cord for purposes of a public hearing, !hat 11-,1 is not what llicy an, douo& li:lllJ#ll-He stated U.u
Council's nonnal procedure is to pass an orJinnncr on first reading. 5C1 u ro. l'Ul>lic hearing and not even
vole :n 1hc public hearing on an ordinance. but have it lhc next date. A1 tb.:lE wnc they have further
discussion and c.onsideration on second reading. So. he noted . Counal 1£ 0.011. .going 10 be discussing 1..his
tonight for final passage or an)1hing like !Im However. if anyone waou to ..,.al< !he)• can ccnainly go
ahc.1d and do so .
(a) R.1ndic Banhlomc, stJled 1ha1 tonight she has come ,~ ldl Counol good bye. tha1 she
n:signed from the L ,y and today is her last day . Before le.wing , she s:ud. sh<, "U!Cd to Uiank everyone
for all of their suppon over the years. that ii h.u rc.11ly meant a lot. Ms .. Battii.&lomc commented they i\3.vc
been through a lot togctJ,cr. some rou(!h 11mcs. but th.11 they h~wc had a lol al tS0()d umcs too . The rctrcnts
1hey used 10 Jia\'c, som e of Ute budget processes and all of that. She s.ud UIOllie tlungs really mc:in a lot to
la ..... ood Chy CIMl ■<II
MlY 5, 1997
111, ) ,1 l laKJ I OJ
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ber and slle II wilng lhooc mernorics with her. MJ. Biuthlolroe corltnlbnted that Ibis wu not an euy
dcdsloit becauae .... hat nmr worked with I finer group or people !ban the people in her department and
., 111111)'. many illhen hen: In tbe 'Clty. Bu~ as it Is wltb thc scuons, thcn: Is a Ume for ...erytrung and
the is p,ing to be moving on lo new opponuniUes and challenges, but that she wiil sincen,fy mia all of
Council. She noted some immedinlc lh ings on thc horizon, some projects with some public and private nrms. tire Titlnlt Tank and some wort witb ciilu:ns groups and some volunteer activiUes. Ms. Barthlome
presented c:ac~ Council member with a gift . She again th.wed Council and noted she very much
appn:cioledit.
Coun:il Member Habenicht said she would just like 10 say thank you to Ms . Banhlome for all or lier years
or service she has given to the City. i:he noted she does not have anything preparod. and cenainly not a
gift right now, but that she has done . lot to bring a lot or togetherness and strong camaraderie and moved
us ahead In many, many, many ways and Uuit she kno"• she will be ,orely missed.
Mayor Burns Slated he \\Wld also like to say thnt he has never enjoyed working "ith anybody any more
than Ms. Banhlome and she has n:ally broughl some innovations In her depanmcnt. He thanked her for
ber service to tbe City, congratulaled her ond wished her nil lhe best in the ftrtun,,
Council Member Vormiltag commented tha1 Ms. Banhlome has n:a''• been a friend to him over tbe last
lhn:e or foor )'CIJ'S and he just w:uued lo say good luck to her in her new ad\'entun:s and 11' take care of
hersel1.
Council Member Clapp asked her to keep in touch . Ms . Banhiome said she ,.;n and oll'ered her best
'Aishcs ID all of them .
City Manager Clorlc thanked Ms. Banhlome for coming and noled ii was very nie<.
~or Borns commented that thal w:-is n clnss thing to do and that hew~ r'C3 ll y \'Cl')' im pressed.
(b ) Jim Recs stated he was here on beha lf of the Greater Enp., .wood Chamber of Cormncrce
and thc Board of Directors. He ad\'ised 1ha1 he IL1d two idlers he wonted lO rc:,d . He noted that 1hc Board
JfDin:ctors of the Grcalcr Englewood Chamber of Commerce c:,mc up "ilh two posilion statemcnls . One
on 1emporory labor services and one on second hand de.1lcrs, thal they wnnt to put inio the record. Mr.
Recs sc.11ed that these letters were drafted prior 10 them knowing that there was goi ng to be a public
hearing on June 2nd .
He n:ad the following lcller . '111c Board or Directors or1hc Gn,.11er Englewood Chamber of Commerce
supports the intent of an ordinance to restrict the s.ilc or puit hasc of stolen goods . However. the current
Council Bill 31 as proposed. appears to unduly restrict many lawful businesses, ::and is unclear as to who
must a.,mply "ith ils pf'O\isions . This lack of clarity will surely le.id to the ordin,,nce being used to harass
legi timate bus inesses. who \\i ll have absolutely no idc::t how to comply, or for that matter if they arc even
requi red to comply. First in the dclinilion ofSccondhnnd Propcny. you h:we .1pp.1rcntl)' dcliber:uel y
C."\:cl uded such items as boors and bo:uing su pplies . fish ing equipment. :m1om obi lcs. st:uu:uy and
pai ntings. hardware and 1ools, co mpressors. lawn mowers, :mto pans. I ires. clo1hing. locks and s.,fcs.
a mping equipment. nnd many other items . HowC\·cr. you infi ic.1 1c 1ha1 · Any item which is marked with a
scnal number' is lo be co\'crcd by th e law. Which is it then '! i . Arc those ilems. many of wh ic h h.1ve
~al numbers. inc lude.ct in 1hc ordi n.1 11cc. or 1101? 2. What dues the phrase 'includes bul is not limilcd 10
... .' in your definition of sec:on dhan d propc ny me.in ? Doc s thnt mean thnt 1od.1y it is included, but
tomorrow 11 is not. dependi ng upon wh ich police office r. ci1y officia l, or misinformed res ident comes into
the business? 3. Cnn we assume that n used clothing S1orc is not covc ,.,.'CI. as long as 1hcy don 't sell
•boots ' and ·ru~• whi ch nrc listed ? C:rn 1hcy sell used shoes? 4 .Sha ll we assume thnt every auto repair
garage in Englewood who inslnlls ., used pan (which will have a se rial number) is now n:quircd to
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lnpwood Cily CtMolldl
M ■y 5, 1997
P11ae5
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t'Pll ,'1!.oll
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bocofWi a Uc:ensed """"""'8nc dcal"'7 S. Shall.,. -now that O\'C,Y other business who buys and
r..ell1 used goods, such as And:non 's Vaamm.~ Lock aad Key, A+ Computi;rs, M011'!1A1n
Miser, Englewood Renlal . Becker 's Appliance, • ...i car loti, and many other I mllar busl~ ..lho
sell used goqds occasioaally 111ust become a 1.-.! ICQllld hand dealc(I 6. You have defined antiques
.. bcln1 100 ye:,rs old; so we: must wurnc lbal a.antique store which also sells 90 )'e;lt old stuff', or
depression era momonbilia, or WWII era mcmaallilia will have 10 he licensed as a se<ond hand dealer.
7. By 1hc way, i.s 1bctc a big marut lhcsc days b stolen typcwri1ers. phonographs, record cliangers and
lumlablcs? 8. Since 'tools' arc not liaed at all-=s that mean 1ha1 a ioof Slorc can sell a used
compressor 011 consignment? (11,c ordinance pn,l,ibits awignmenl sales by se<ood band dealers)? Is ii
your in1en1 10 make all con,igruncnl sales of US<d pxls illegal? This is not clear. Whal is clear, is 1ha1
Ibis a11emp1 lu regulate stolen goods 1raffickiag ,lrouJd he Ulbled until it can be done in a different tuhion.
one tliat doe< not seem 10 require every busincsa,im Englewood who occasionall y sells used goods to b.:
subject 10 U>e inlruSive rcquirc111ents oflhis -.cc.•
He read tlu: lc:11er lh e Board came up with oa t....,,ary labor scniccs. "The Board of Directors oflhe
Greater Englewood Chamber ofConuncrcc is ...-ncly coocerncd aboul the rcccnl actions by city
govemmenl which seem to be pan of a general-'< oo Englewood's business communily. We urge you
to reject the rccommcodation ofEngl.....S's Pmmin& and Zoning Commission to forte temporary lahur
services 10 rcloc:lic or go OIII of business in Eagltw.'IXXI. Tbcsc businesses prmid e nccdt<I employment to
Englewood residents and csscnlial seniccs to EacJe,,ood busiocss,:s . Blaming lhcsc businesses for the
problem along Broadway, or in the odjacxnt acipborhoolk. is inaccurate aod shonsish1Cd1 They have
been operated. as tar as \\'C know, in a lc&JI fasiii:in . If illega l activi1ics arc occurring, !hey should he
dealt wilh quickly and consistenUy in aa:ordaoc<with existing la\\~. Englewood busir.csscs support
clforts 10 upgrade and improve our communily; !Iara for lhcsc efforts to be successful . we must stop scape
goali ng viable businesses and work toFthcr ,o identify aad solve tl1e real problems whi ch n/Too
Englewood neighborhoods.·
Mayor Bums said. as he mentioned before. tllal 1k SCCOlldhand ordinance is :iot up for pubhc hearing.
Mr. Recs staid he understood. that they wamcd ., go on record wilh tlmL
(c) Sandi Ostema . 28~J South Gr::amt Street. Slated she would like to address the issue before
Council giving 120 daySlo Stand By 10 1110\'C cu. She said she cant impress upon Council enough how
mu ·h 1hcy do not wanl to go tl1rough an0lhcr S111111111Ct ofhcll wilh Ibis company. She noted ii would have
been nice if lhc new 0"1lcr had approached them 110 "ork with them on something for tl1c summer until
they can move . But tl,at was not forthcoming, It did not uppcn . Ms. Ostema stated thal no one has been
willing to worl< ,.;11, the community. Pl~ sac.askal Council. do not pul lhem through anolhcr summer
of pure hell wilh lhcsc people . 11,is. slic llOlcd. "L'ic prime time when all of this happens. She said if
Council looks at the police staiistics she m:c,.-al ll the 20J area of1own. which is 1he Bates/Broadway
arc.1 of town. has a significant increase "i thia LJ -m,: I. of any of the olhcr ones . TI1c industrial area is
second . Ms. Ostema emphasized thal they at"C lian.. g. lhcy arc having problc rns . tlc11 there is no safety,
and no code enforcemen t. She implored Council ao 001 pul lhcm through this another swnmcr. She
stated it is not that they arc out to gc1 busincssa.. but lha1 they arc not gelling the enforcement or police
protection they need . She asked if I here has becm I study done that has proven 1ha1 othcnvisc 35 Mr. Recs
has suggested . Ms . Ostcnia maimaincd there isat11 one. that it is a combmation of thin~. She opined it is
real C\'idcnl and \'Cry clear that St.ind By has aaicd a lot of their problems and docs not want to wo:-k
wi th the neighborhood . She asked again thal Council no1 put them through another summer .
(d) Beverly Bader 27 55 Sou1h L=ln SltcCL noted spring is here and summer ,viii be here
rea l quick and that she dreads going oul to the • ag:un and cl c.1 ning up all of the trash and liner Ihm
she has put up with since Peak Lo..1d mo,'Cd ui a 1.bc c::irl)' so·s. She said when Stand By 1110\'cd in it just
got worse . She mai ntained their neighborhood flms dct cnoratcd . she docs not fee l safe in her own home .
laalewood City Council
May S, 1997
P1ce6
when, she bu lived for 23 years. and she is tin:d ofbci•g afraid all of the time. Ms. Bader ute.111111
Council plcuc, rlcasc, no1 let Stand By stay the extra 120 days . ''
(c) Julia Scol~ 2914 South Granl Strcct, stated lhal they also have reaial properly at :JOO
East Bale! ;,,~!ah they bought as nn lnvcs1mcn1 In whal lhey perceived as a safe neighborhood. Tim.*
nol<d, is qucstlbnable a1 this lime. She said 1hey are extn,n\eiy bummed 'out abouf all afthe tralllc ap aad
down Bales, fool lmffie lha1 is drunk and disorderly. Ms . Scott staled she docs not like going GUI la ll<r
garden, behind her house In the alley . and cleaning up human feces and she docs 001 llke cleaning ap
human vomit all over the sid.,.~lk in fronl of her rental properly. She said U,ey feel very stnJngly alJaul
this and wanted 10 addn:ss it Ms . Scoll odviscd that she "ill also address some comments at the .hme 2"'
public hearing.
(I) SUS/'1 MeDonaugh , 2834 Soulh Acoma Sln,ct, advised that she lives about four i-s
from Bales comer and she gets all kiuds of drunks trying lo sleep in her baclt yard and they lea,,. !heir
1rash. She said ii is really bad, Uia1 she is nol lhal healthy and you don't know what kind of people dley
an,. Unfonunately, then, are a few 11411 an: good citil'.Cns, she said , but lhat others an: homeless and~-
don't care whorl! they Oop . One lime, she advised. she pul some stuff in a dumpster and 1hcn: was a
person Inside the dumpster. You don '1 know whal kind of people these people an,, she said, and besides
she also has 1rash. Solne of the trash is from McDonalds and Taco Bell in her back yard. She rnaimaimd
ii is really FIiing b.1d . Ms. MeDonaugh advised 1ha1 she called the police on somebody 1ha1 decided..,
nop in her backyard. She said she hos no clue wlial kind of person he was. She nolcd she was ,ony.
because she kn°"' ii is good for some people who need lemporary jobs when lhcy an,~= jobs. bul
lheir clicntele i, not lha1 good .
(g) Paula Becker Slated she has n:ccnliy purcliascd lhe propcny 2832 South Acoma S<n,:t
and when she moved in she was under the impression that il was a rcla1h·cl y low crime rate area. She
ad,iscd 1ha1 used 10 have kind of a shoddy privacy fence around lhe back yard and in order to keq, the
vagranlS oul she had 10 have lhc fence replaced . 11ml did no1 work so she liad to pul padlocb on it.
Then. she no1cd, 1hcy consiS1en1iy tried io pry her garage door open so lhcy could sleep inside. Thadcrc.
she stared . she has had to padlock her garngc as well, lhnt she cannot leave an)1hing . They throw trash Ill
her ya rd . harass her dog. sleep under the caves of her garage and leave debris behind all lhc LI.me Ms.
Becker pointed oul that she has lo clc:in up lhc alley twice a week because it is totally trashed from where
the people leave garbage . She stntcd th:it havi ng them thai close to a daycare ce nter is a rtal big coocrm.
(h) Ann Nabhol1. 2 90 South Delan~rc Slrccl. said she was sory she had to approach
Council again on th is maucr . She noted she has been before Council many times. that they m going ca
approximately four years . She said she would like 10 nmke sun: that iflhis is extended 120 days. she
wanted to know where arc the safeguards 10 keep this from being c~.tcndcd one more lime . Ms. Nabbotl.
pointed ou t 1hat her concern is for lh ci r 11ci1;hbo rhood. that this is prime time for C\'Cl)1hing to 513.rt
heating up again . She s1a1ed thal 1he police rcpons she pulled frott • June 10 Jan ,<R')', a six month period.
out ofS4 JXlliCC cails 10 a temporary employment 11gcm .. 1·. 42 of those were 10 Stand By alone . Ms.
Nabholz opined 1lia1 tha1 is alan11ing . She encouraged Council IJ weigh lhls carefully. 10 lhink about iL
She pointed oul thnl they Vi'Crc nol a pcnnillcd use . nor ha\'C 1hcy C\'cr bee n She said she is trying to
figure out who is 1hc scape go.it here . Is ii nlways the rcsidcn1s that pay lhc price? She staled she fumJy
believes 1ha11hcy all ha\'c 10 be p.1nncrs : bu siness, go,·cm 111cn1 and resi dents. but that she has m scaa
th.11. Ms . Nabholz said she re.illy hoped th ey co uld \\Ork 1ogc1l1cr 011 tl1i s. She noted the ankle. m the
Englewood Herald last week . sta led lhc gentleman who has taken over S1.1nd By was not aware of all ol
1hc problems prior. Ms . Nabholz urged Co un cil to 1akc this und er carefu l co nsidcr.uion .
(i) Carole Tomasso. 299 R Sou th Bannock S1rcc1. ~,id she wanlcd 10 address Council
concerning extending Sland By"s cxisrcn cc ;11 Bates and Bro.idw:iy for another 120 days . She sta led sbe
recogni zed th.it Co uncil has a ,·cry· serious issue here, th:u it is \'Cry tangled . bcc.1usc ii is nae :i pcmunod •
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lalleW"""CllyC-S
May 5, l'97
Pqe7
Ii u I vt, l boon I n"I '"' , , ,,
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us, in Englewood. Ms. TOIIIISSO said she would like to emphasize thal. She opined thal lhc rcsldcnlS
1 ... ~ '°'"""W11tiaiab,an and Iha! ignonut0Cilnocxcuseoh City Council's p111 ! dn tbelebull,-
pan. Sh,,.,......,_ ~-not a penlUltCd use, J1!1 dley arc here. Ctl)I Couhctl, 1he noted, ltccmcs
than. btl I tlley.,. -~ paml ·lcd UIO. In Ille mcaadme n:stdenlS hnc come to Council apln and apln
talking.,_ ...,....,..1,a,e been vlctimillCCI by dnlp. hypddcritiic needles, being propooitioned for dnip
and tccaqcrs bdacp,opolillon<d for dnip. She cmpha.rizcd It 1111 gone on nnd on and on. Ml.
Tomwo said she did not know ir Council has the stalistics from Planning ond Zoning, bul lhc yrar after
Stand By came. criat incn:ascd 112% She stated Ibey would like to go back, pre-Stand By . She would
like io have her aacll>m""'1d bJck, she would like to be able lo walk down Acoma and Bales wi1h her
daughter and SOD. SIie DOied that every lime she comes around that comer, with her daughter on her bike,
she ~ about-DIii * ;, going to ""'· Is hersix ye:ir old daughter. going to ..., some man urinaling
and exposing hbmdl'I M5. Tomasso said she would like to go back lo ha\'C lhe Circle K, when Ibey
-id walk.., tllac...t fP. Popsicles and a drin!t on a warn\ day. She staled she pcnonally l'eels 1h11
ignor.u,cc is no ..._for City Counc,l. ror Carlene Walker or for lhc company tluil booght it. They
sboald be well -ar the problems :uid they >hould be "~II aware that 1hcy arc not a permitted use.
Penonally, she said.. 1.be -1d like 10 ..., them shul down lomorrow. She asked, if ii "~re a liquor store
that had IIOIDC kiadal'prnblcrn wilh lhcir license. would lhcy allow tl1em anolhcr 120 days. As has been
tcstillcd ~*said. May, lune. July and August arc lheir wom mon1hs. She cummcmcd 1ha1 if
Mr. Vonnittag...,.. lih 10 suggest 1hat things arc not that bad due to his obscrvalion of Stand B). she
would Lw, to ...--11ia at'was in Janwuy. She said Mr. Vormittag lold her he sa1 in a car wilh
Cmcnc Walller's lbqlllcr. Lisa Walker. for an boor and observed . Ms. Tomasso emphasized that tlleir
wom mooda an: !lby. ,-, July and August
(j') San}' Vmc:ennie, 2713 Soulh Acoma Strcct. said she can only rciterate what her fellow
residents baft llllit.dm sbe dicln'I wan, to waste !heir time and she rcallzes that lhcsc people need jobs .
She stalal tbal thismoald be in an industrial zone. not in a rcsidcn1ial districl whcrc her grandson plays,
where all the c:biftlal are outside. Ms. Vinccnnie stated ii makes a dangerous environment , lhat tllerc
have been hypod•nnic nccdles in her yard. 1herc has been ~cccs. people urinating and crazy people
screaming at die dis. Hor son. sire advised. asltcd her wha: 1ha1 was and she 1old him not to C\'Cn stick
his hca.:I 11\'n' die 11:moc. because, God knows, he could lmve a gun . She stated these people do not belong
in their homes aad 6at is exactly what tllcy arc. Ibey arc in 1heir homes. Ms . Vinccnnie Mkcd Council if
Ibey would lite dio:se people in 1heir homes. around 11t,ir childrcn or lheir elderly molhers and fa1hcrs.
sisters and bro<hcts She said she docs not want to hll'l'C to live like 1ha1. She commenled I.ha! she moved
t'rom downtown ~ 10 get away from 1hosc kind or lhings and Englewood , when sh, came her, in
1984 , was absoltlldy woodcnul . Since Stand By and 01her lcmpornry smiccs have come in, she a!hiscd,
some really just ~ people ~n-c aunc in also . Ms. Vinccnnic said she is a Cl1ristian and she should not
say nasty people. dbat she realizes th<)· need help and 1hey may be sick and lhcy need money. Bui. she
pointed out. Ibey mocd things 100 and they have rights also . She said she om1s her home and she wanlS ii
10 be a piaoc ~ h:r grandson can play in the backyard and nol be nfraid or some drunk coming over
the fcnc::c or some dwd molester. Just because 1hcy arc working over nt temporary sen-ices. she said,
doesn't mcm thall!k sliould ha\'e to pul her family at risk . She 1lmnkcd Council for their lime and
commented thaJ sine hoped they would rake this into consideration.
(k) ~-~·advised t h.11 l1c is an clcc1cd employee of1hc Old Hire Fircfi glucr Pension
Bo.in.l. He stafo:f.1 Oult ills first notifi c:11 io n of the agenda ilcm u-ork . on the chn ngcs to Title 3, Chapter 8,
covering the Fi~cn Pension Fund and Pc nn.1ncn1 Disability Bcnefi1s . wn s late on M:t)' 2. 1997. He
no1ed the Pcnsiooi Board has had some discussions on this m:111er in the p.1st. m: chnrged by the ordin:1nce .
There \\'35 a ncgomted bcnclit in lhc mi d 70's. or early 70's, covering lhc 20% disability for firefighters
1ha1 was a lwily hndcd and nc1U.1rfally sound program . He advised lh:it the new hire pension w:is added.
much like the rciancd death and dis.-i bili1y that the Slate funded up to January I 'J97, which they jus1
changed. lbc St:mr came in and changed old hire and new hire pensions . He stated !hat the view. or past
Ci1y administram~ and past Cily att orneys. was thni the new hire firelighters were eligible for this
En,lewood Clly Council
May S, 1997
P111< 8
I,
bencll~ wllh no i:llaft&CI In lhc tilldlaa in aay ,.ay lhapc or form. Mt. Sal, paialed OU\ lhal this
ordlnanco could bava ,cvcrc i111pact •• the uafuaded Uablll\)' oC lhc .,.,,..._ 1k opined lhal lllcra an,
Olher facu lj)al Council may like 10 be made awan: of cooccmlng lhls-. Al 1h11 will require u.,.,
andkoowlodpaad Council', timcism<rQ valuable, bcukcd lbal Council llilic lhlsmucr IO WI be
could brina olhcr documcnlation ID Council's lllffllioa for discuuian.
(I) F.on Gold. 2812 Soullr Banoock Slrcet. stalccl be has a 1uias al 428~ South Broadway
ond lhar he wanred ID speak rtgarding lhc Stand By i5SUC. He noted ii _.t,t ........ Iha! Sland By or 811Y
day labor place is nol prq,crly ZDGCd where !hey currcnU)' arc, which he f<ds .. lllike ooc . Slrikc two, be
said, is lhat ii 5CCffiS !hey arc not allowed ID 111Wfcr lhc lia:DIC, aa:ordin& ID •'1111 lhc Cily rcccnUy
dccid¢. Allll strike lhrcc is lhal thcrt lw been subswitial ccmmwlily OUla, boUI here and rnony other
Umcs in pmious monlhs. He connuenled 1u:11 ii would seem !hat, wilh Ihm: Slrikcs. SWid By slJOUld be
0111. To save time, he asked if ii would be lhc apprOfJriale tinic 10 pw out• idl.cr lo Council . Mayor
Bums said he could submil a ICller if he wanlCd lo. lhal he could gh-c ii lo lhc Cil)' Clerk and she will
distribu1c lhcm.
(m) Judith Dualop, 2935 Soulh Acoma Stn:c~ stored lhal sbc i;..,.m.,.. oflhc woru crime
ridden strcOIS in Englewood, lhal she lives din:ctly belliad Siand By. She aaancnlcd 1bit whereas some
people hear Slorics and sec rhings somc,imes, she scc, lhcm every day. She sad she "'OUld really like 10
know why lhcy would cnlcr a motion 10 conlinuc for 120 clays Ille kind of pn,64cms 1h11 they bavc been
fighling agninSI for five yean sina: lhcy ha,-. owned !heir home. Ms. Dualop p,intcd oul Ibis is DOI a
rhcroric:ol question , Uia1 she ""'"d rtally like an answer. She noted Uiat just tins afternoon her husband
slipped on a l>eer l>1uJc cleaaiug up U1tir area in 1bc back Jard . II was in smn:dcbris. She Slated lhcsc
art lhc kinds of things UitY u,-. wilh in lhc fronl and ia lhc bock . Ms. DUlllap msis1cd that this block of
120 days is notjr51 any 120 days. lllis is coming up IO lhc spring aoJ summc,:_ .As neighborhood block
capiains for Soulh Acoma, wilh Neighborhood Walch meetings 11w Ibey bad a .Kaiser Pcrmancnr<. U..1
Llrey slaltal in Occcmbcr ofLlic previous year 1alking aboul how lhcy "~" -10 band1c tbc problems
in the summer coming up. So. she said. ii is not something thal just popped llpC\'U lhc years. They
siancd discussing 1his earlier and earlier. She nored rliat lhis paSI year was a ,,cry mild winter and !hey
had lhrcc calls to Uie police on Chrisunas Day . Thcrt wcrt people in U1t """"" IOI la~ing on 11.e grass
and fami lies. after thei r dinners, aboul 2:00 in U,c al\crnoo,c were walking that children. They lhoughl
that was a liulc inappropriate and as it ·urned out they \\'l"TC waiting to go to. 'fliQIIX at Stand By on a
Holiday. Ms. Dunlop slalcd Uris has been a zero iolcrance area. TI,crc lias 1:,:.,. .a IOI of statistics brouglll
forward . Sc\'cral hundred calls. she advir.cd. have been mru. c by tllC ncighboa.i»'CT the years. Th::y go to
Sc'Uld By and lhcy also go 10 the Kaiser lot . She s1artd 1ha1 Kaiser PcntLlDClUlC !ias dooc a great deal, lhal
they h.1\'c a security guard that walks lhc perimeter . SI~ commcnteci th.a.I bilpb laa.s been ntscmblc every
si nce he took over. tJtat tJ~ ha\c had them consistcnll)' O\'Cr the years. Ms. Omlop couraged Council
to listen to the Wrcclion Planning and Zoning took . She noted it has taken a peat deal of time. cffor;.,
c11101ion and a1L'l':ic1y flam :di of tJ1c people 1n this neighborhood tJw ba\'c sb0w.11 up. probably, four times .
She snid it seemed like every couple of weeks 1l1cy were coming and telling~ Slorics. She pointed ou t
Llral rhcsc art rtal life occurrences a .. d rhcy will Ix: back on Ju ne 2"'. Sl1t opncd U..111 is no1 jusi Stand
By. that there were cases made from nei ghbors that h:l\'C been suffenng with dscsc sairc situations at Peak
Lo.id for now longer than ten years . A-;.. she commenlcd. S1and B~ was jUSI ~mg unmoral, W\Clhical
and illcg:il ac1ivi1ics in this business. they ha\'C brought these kmds of problems. tc hgJu. She opined that
it is not just the people at Stand By . that there arc oth er ones . She said the piaa :u ua.lapago. where a
neighbor came during Planning and Zoning, and tl us \\'asn't on Bro.,dway. an I.he) arc seeing tbe same
patterns Lhat tlK:)' saw on their street. So. she said . she \\Onld rc.111~ un plo rc Cl311Dcd to not consider 1l1is
motion fo r any 1ypt of c.xtcnsion .
8. Communications, Procl;,imatiuns and A1,puintmcnts
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1....,....ietcyc ..... u
May 5, 1997
••ae'
(a) A plOdlmatlo ■ dcdarina M-,, 15, 1997 as Pcll0e Otllcon Memorial Day and the ....i.
ol'May 11 throush 17, 1997 as Police Weck was consldcr<d .
COIINCO. IBMBIR WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE A
IIIOCLAMATION DICLARING MAY 15, 1"7 AS PIAO: Offl<.'ERS MEMORl,\L DAY AND
.UY II THROUGH THE 17, l!il'7 AS POLICE WltK.
Molion carried.
Ayes : Council Mcmbc11 VonnJ1111, Wiggins, Habcnich~ Wagg.oner, Cl"l'I>,
Bums
Nays: None
Deputy Dir<Ctor Chris Olson was prcscnl 10 acccpl 1hc proclnmalion.
9. Public Hearin&
No public hearing was scheduled before Council.
COUNOL MEMBER BAB[NICHT REMOVED AG£NDA IT1M 10 (a) (i) PROM TllE
CONSENT AGENDA.
crrY COUNCIL UMOVID AGENl>A ITEM 10 (1) (Iii) FROM THE CONSENT AGENDA.
COUNCIL MEMBER WIGGINS RIMOVfD AG[NDA ITJ:M 10 (1) 'FROM TllE CONSENT
AGINDA.
MAYOR BURNS REMOVED AGENDA ITEM 10 (a) (ria1 FROM TH[ CONS[NT AGENDA.
COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AG[NDA ITEMS ID (a) (ii), (Iv) and (v) ON FIRST READING.
(3) Approval of Ordinances on Firsl Reading
(ii ) COUNCIL BILL NO. 38 , INTRODUCED BY COUNCIL MEMBER
WIGGIN S
A BILL FOR AN ORDI NANCE CREATING PAVING DISTRICT NO. 38 . IN TIIE CITY OF
ENGLEWOOD , COLORADO: ORDERING TIIE CONS'lllUCTION AND INSTALLATION OF
STREET PA VINO. CURB. GUTTER. SIDEWALK. AND STORM DRAINAGE IMPROVE."'1:NT~.
TOGETIIBR WITil NECESSARY INCIDENTALS : AND SETTING FORTH Oll!ER DETAILS !t i
CONNECTION WITH THE DISTRICT.
(iv) COUNCIL BILL NO . 41 . IN'I RODUCEI:' BY COUNCIL MEMBER
WIGGINS
A BILL FOR AN ORDINANCE AMiNDING TITLE 3. CHAPTER 7. SECTION 2. OF THE
ENGLEWOO D MUNICIPAL CO DE l~&S PERTAINING TO POLICE OFFICER PERMANENT
DISABILITY BENEFITS .
t:1111ewood City Council
Mays, 1997
P•se l0
II n,n. 11.') b "'lln
T'' I,• .;LIi.
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(v) COUNCIL BILL J«). JJ. JHnOOIJCE) BY COUNCIL MEMBERS
HABl!NICHTIWIOOINS
A BILL FOR ANORDIN.lJO EST>!1LI/JHING A.Tl!Y'ORARY SUSPl!NSIO!i OR MORATOIUUM
ON 1llE ISSUANCE 01' Pl!IIMrrS <AND 1111 GlAlfflMG Of LIOl!NSI! fOR TitE PROl'BRII'Y 1
LOCATED BETWEEN YALE ON 1llE NOa'TH. llELAWARE ON THE EAST, SANTA Pl! ONll'HI!
WEST Al'i D DAR'ThlOtmf ON 1llE SOUTll. FOlt A Pl!IUOO OF EIGHT MOl'(J'HS .
Ayes : Council Mamcn V<>nni1ta1! i,'iggins. Habenichl. Waggoner, Clapi).
Bums
Nays : Nono
Mo1ion carried. ., '
(i) A recommendation rn.. 1k Dqartmcnl of Public Works 10 adopt • bill for an
ordinance, as amended, approving a Concn:te Utility.,.,.. aJIISidcn:d .
Council M<mber lubeni<U Slaldl wt.she ~ i .... .,ellians aboal this OIIO. Sbr -i dull she gel$ a
number of phone calls from c:itiuJIS and Iha* fin ·Kn<l[ unable to 311$\>~r those ~as as well as
she would like lo. She opined !Ml they nml robe -for tl1c record 10 sec if, ihdccd. we have
looluxl at all of tMSe ....-Jogaleics.l Ml. Haaiii<M alllld 11'1..,.havc a pcra:nrage or poople tha will have
10 be a pan oflhis plan. before ii goes forwanl. ro-.: sure Iha! ii;, ,'COnomic:ally viable. ::>iru:tor
Esterly advucd no. lhal they ba\e 1101 .-abl-..,.,...me,i pen,cotaa,e ar-i or lime. He IIOIOd that
our expectation is, from folks lhC)' have talked ro. ma the large majority of people would participate: In
facr. he poinlcd our. anyone who has a comer pr,,peny. and docs not partic:ipalc, would be losing money.
11 wouldn 't be a sound ocollOllllc dociJlon fir.,__ 1lltn: arc perhaps same '"" IO 20%. jau lmcd on
1hc economics of it. would st.a) in.
Council Member Habemcbl slid she ihouglll * • bRJught !his up before. bul Iba! she bas had•
number of people call and express their conc:cn abolUI u being a program 1ha1 you have to opt out of and
nol .,nc that you have to opl in to . E.xprcssing CIIIDl'1I again. she said. 3S they ;ire questioning the
legality, is it a lax or a fee . Ms. Habcnich1 saa&cd she wan1s 10 be certain tha1 we h.wc a !cgal opini 1m 1h.1t
1his is legal and I.his is not a tax. C\'C n if it is aa opt ouL not an op l in . City Allomcy Brotzman advised
1hat is correct that as long u "--'C ha,·c an opt Cid pci"ision. it is not a la."C.
Council Member Habenicht asked what happcm wta:h :;o1nconc who docsn ·1 opt out . whJ is pan of the
progrnm , and "i01in the first year has !heir amcn:oc repoin:d and lhc:y decide 10 opl our Ilic nc.'<l year.
She questioned wlv · ner we haw: a prmisioa irtbl. Director Esterly cxplRincd that the.,· can move in or
our of the S)'stem at will . Ms. Habcnicbl advuattAw there is some concern aboul lhal 1ha1 as soon as
somebody gcrs !heir concrete done !hat they ,.;it jla;i opt 001. Cil y Allomcy Brorzman Slated lhal Ibis is
ilI1 on going program tha1 we sec for m.in) )"QB 50 tl~ coul d do that. He noted they would he required 10
com p I)' wilh all of the issues regarding opt1ng 0a1. D1n:c1or Esterly sai d. back to a prac1ical nalurc. 1ha1 ii
hasn ·1 been typical that they replace an entire &a-.gc. ll has !Jccn more rypi c.1 1 1ha1 they replace one.
1,,·o. 1l 1rcc or sc,·cral stones of propcny . He ~icd ged tl1crc ha\'c been c:iscs "here they l1avc replaced
an c111irc frontage . In p.1r1icula r when 1I~ gel. maro p;i,ing districts they arc a liulc bu more aggrcssi\'C
about lhc co ncrete replacement and pc:rh.1ps I.bey might C'\'Cn be more aggressive under the Utility
si1u.1 1ion where they mighl do 1hos: fronta ges. Bu. he said. ii would no1 be a large number. 1h,1t they arc
ta lk ing about JO , 50. 15 yea rs to gel around 10 ~ en ti re City. So if peopl e arc opting out, ii would be 1%.
2%, J¾ 1hat had their co nc rc1c replaced cxh Jc:tT •
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Eaate-ood City Council
M175, 1997 ,.II ti;) ~,t'.) llM,r">l:zuJ
f I ,.t fo61f
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c-11 Membllt Habenicht ldviicd lhal SCVllral po(4>I.. have said lhal !hoy would p,act it to be a pRlpctly
tax, a bonded iuue rather than this . ~he said she wan1 lo share lhal, ns people have called to 1t11 he,
that alJO.
Also. Ms . Habcnlcht said. Ibero wu a conczm lhtt if somebody opll our of the program tJ,ey will be son
of targeted right away, She said she would like lo know how WC can address I his 10 make sure lhat WC
assun, people thal this would nG! be the case. Director Esterly staled there I! no rcaon to think that He
nolcd thal Council knows uim and the majority o~his staff and tha l lhal is not a reasonable llling lo c.,q,cct
that lhcy l>Oldd do that. Also, he poinled out dtls is something lhal any Council member, or any other
reasonable pcnon. can go out and look al. They can loo~ al concrele thal we have said needs 10 be
rcplaa,d, either under Utilily or under lhc individual P"-. -,ny a...,.,, He noted if Council goes through
the .,i-gnp11s that thcY have picked •P bcfon:. 1ha1 when wc tell a propcny owner Iha! they oow have to
..,,1aoc their concrete. that It Is ftvc. six. ten years beyond the time when it should have been replaced, dtot
it is really obvioul lhal the work really needs lo be done . So, Ms. Habenicht said. if somebody i... opted
out o(lloc program and O,c f'ity ei1es them for concrclc. thal there wor t be the public bearing process like
with the di5Uicts that • ,,. uave. She nsked if lhe proc,ss for the ~""""" ""'1ld be to directly
come to Council or what would be procc.15 be. Director Esterly advised 1ha1 lhr.y could come to his offia:
at lint aad if they an,,liol sallsfled wilh the an,:wcr, go to Council . He noted then: 1111 people whojusl
beliCYC that they shouldn ·1 have 10 do ii and 1hey will neve r aca:pt. the licl that the-• should. Ht poinled
OUI .... boCil be and Cauacil have l&lked lO people like lhat In the past, II is obviOJI looking at their
coocrete 1hat it is in need of repair anJ ii is normally not a borderline issue. where we are kind of after
somd>ody . Mr. Esterly commcn1cd 1'.1a1 ~,c issues that come up very frequenlly. and have been presented
to Council in Ute past. arc these issue, tl:al arc n<ar borderline issues . TI1ey arc l)pically the issues wllere
we 113\-c idcnlificd thal lhC)' have to replace !his and 111.,. recommend tha t you replace this one. because if
you don 't do it this year you arc probably going to have to do it in lwo yea rs anyway . A lot of people. he
sa1d. take die advice that they arc pro,i ding as a mandale thm they liave to do it and 1hey don'I. Again.
he advilod. he is very comfonable •ith the far.t that any norm; J. rcason>ble person or any seven normal .
reasonable people could all go out and loc k at chis concrctc. either on the stnx:t or in photographs. and
they would agm: that it needs 10 be replaced .
Cauncil Member Habenicht stoled that Che other quescion or concern chat she hat was people not mindillg
it being mal led with a utility bill. with a water and sewer bill . but they were concerned about it being pan
of the .. a,er and sewer bill . She said •he wanced 10 clarify this issue . Ms. Habcnir.hl asud if it I! going cc
be oo the same bill as the Utility bill or if it will be n mailing in tande'll \\ith thac bill . Director Esterly
expwllCll that it will t~ in ~,e bill and ii will be a specific line item . He noted Otcrc will be a specific lioe
ican for water, one for sewer and one for stonn wnlcr and now , it appears. there will be one for the
Concrete Utility. He emphasi,.cd 1ha1 ii will be a separate lin e item •n~ lhe funds will definitely not be co-
mingled.
Di:-ector Esterly said th;11 he would like 10 go back and comment a linlc bit about 1hc issue of taxing. lf
we did this on a propen •. IS<ing basis, he advised. we would be goinr back through the County and the
County would be ge ll ing "· ·,crccntage of lhe proceeds frnm any cax 1ha1 "~ might impose j\1$1 IO handle
the money , He noted 1,e · • .:.not seeing Iha! when we handle th..: mon ey in this manner. it all goes into the
Utility. it is all accounle. n the Utility Fund . H~ pointed oul it is actually cumng out a la ye r of
bureaucracy by nol goint through lhe County.
Council Mcmbc.•,7 Clapp c~1i:11 nen1cd that i:1e legality issue scill kind of bothers her and 1hat she needs 10
clarify this with Dnn. in h~r 0\\11 mind . She q11cs1ioncd . i'you arc asKing so 111cbody to ma.kc up back
pa~,ncnts or n Concrc1e 1J1ility. that 1h,1 t is 1101 a l:t.'<, when they opt in . City Allorney Brotzman advised
Llw when they opl b.1ck in that docs not make ii a lax . Even though , Ms. Clapp asked. they arc r.iaking
up past paymc=i.ts . Mr. Brotzman s~ud that is correct . 1ha1 that is j ust a fairness issue for the program 10
ha\"C th.~ pay t.llCir shnrc. Bui . she said. if they arc asked 10 bring their concrete up 10 stambrd. where is
Enalewood Cily c-11
May S, l'97
Page 11
lnnun l U ) hou·,r,l!ln:i
1•11 1 ,_ o,1' ' ,.,
tlleliabilil)I. Sho llkcd ilil is ri ... llhaa daere i, 110 liabllil)I, ii isjUII a nwnbe11. City Alto111ey •8rotmw1
said lhal ii ripe.
Council Member H■bcoicbl ISlrd iif they -1d have ID do bolh, bring their concrete up 10 standard and
pay. Thll ii wmlda't be eidlcrar;. City-AIDDOy Brolzman llll<>d it would be bolh.
The City Clcrt wu asked to iadlOoacil Bill No. 14 bJ title :
COUNCIL BILL NO. 14. INTIUlllUOED BY COUNCIL MEMBER VORMITI AGIHABENIOIT
A BILL FOR AN ORDINANCE.1Cl!EA TINO A CONCRETE UTILITY AND CONCRETE UTILITY
ENTERPIUSE FUND fOR tltE.iCDY OF ENGLEWOOD, COLORADO . t1IE PURPOSE OF lHIS
ORDINANCE IS 10 PROl1!CT ill£ PUBUC HEALnt. SAFETY AND WELFARE AND ro
COMPLY Wl11f ALL APPLICAdl£ FEDERAi. AND S'rATE LAWS WHICH REOULA'lcTHE
CONCRE'lc UTll.lTY BY CREAi.llNG IN Tin.E 12. A NEW CHAPTER 8 • CONCRE'lc IITILITY
AND CONCREll! UTllJTY EMIERPIUSE FUND.
COUNCIL Ml!MBl:R IIAU!IICIIT MOVED, AND IT WAS SECONDED, TO APPROVE
AGi\NnA ITI.M 10 (1) (l) • COlll!ICIL IILL NO. J.I,
Ayes: <Coam:il Members Vonaiuag, Wiggins, Habatic:h~ Waggoner, Clapp, -Nays: -
(iii) A 1 ~rion from the Dcpartmcnl5 of Administrn1ive Services and
Financw Scrvia:s ID adopt a lliillfor u onlinance amending the Fircfightcis' Pension Fund and
Permanent Disabili ty Benefits w.-amsidcrcd .
Mayor Bums Sliiled that ooe al l!le q.-ions he 1w. of City Alloracy Brotzman, is whether we arc L•lking
about rcgulato.y maua, as f:tra ,dx pcmion boanl is concerned and how Chi, n:ally woilts inln llml.
Also. wbtthcr they have an _,a,micy. since this is first reading, ID have funhcr comment or funhcr
input by the time~• have .-'Tl:ldlng. City Attorney Brotzman explained that Council has =I
methods of ob<aining public COIIJIJlltnL One 1s, at sca,nd reading. they could come back 10 Cowtcil anci
sign up as a scheduled visitm.. lllibidi gm:s them ten minutes. They can also submit all of this in wri ting
to CoW1Cil prior ID I.be s<COnd OC!ldiag. Thal way. he DOied, Council can be informed of thtir position on
rhis matter. Mayor Burm askcfi rd"Counc1I wanted to table it . after receiving that infonn :111011. thnt 1he}'
could do that too . Cit)• Attom~ Broaman said yes.
Counci l Member Waggooa-llfllled tbcrc was a qucstioo oonighl about the affect on the unfunded liability .
He said he would like soo~t o address that later on boforc second reading.
Council Member Vormiuag sad if Council could get the information he was talking about . prior to Lhe
1wo weeks . Mayor Bums not.edl Mr. Sc3y was talking about submitting something to Council and he was
~ot sure how quickly he cou!Jlciio I.hat. He nskcd Mr. Sc.1}' to comment on when he would submit !hat.
Mr. Seay stated he would jUSII lill:c the opportunily to get a packet or just sit and talk "ilh Council .
However. he noted. CounoJ ~uld like 10 do that in the fu1urc . He said he just ncr.dcd a little time 10 be
able 10 get through I.be rcscud!J and bring lloose tloings up 10 C uncil. so he wa sn't just talking , so he
wouJd have something to sbo\ll •Council. Counci l Member Habenicht opined tlmt all of Council ,vam to
look at and listen 10 the COIICCtliS lh:11 Mr. Seay has . She asked if Mr. Seay could present I hose concerns
to Council in writing. as ooc:CJf 1hc things that Council is facing right now 1s a \'Cry. very heavy schedule
•
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Eaatewood City Couadl
May 5, 1997
PaplJ
ofstlldy seuiouand Iha! i~IOUlldcd lilcc he huso111cCOQQCle iofonnallon. ,Tbcn, sllesaioll. a Mayor
Bwlll 81gc11Cd, if be 1111&111 n plCIClllltioo OD ecconcl rcadina, if lllcn: lliU IICClll& IO be-~pn
Council~ "ood bcCOR (bey make a dol;ision, ~ybc Council ccu.ld lablc ii II IMl paia Mai,ar 8111111
said lhal i, whal he WU thinking. lhal lhcy could cvaluale ll lhen. In response IO~ ......... ~y
ag....i lhal ..as line.
The Cil)' Clerk was asked 10 read Council Bill No . 40 by title :
COUNCIL BILL NO. 40 , INTRODUCED BY MAYOR BURNS
A BILL FOil AN ORDINA.. ,,!, AMENDING TllLE 3, CHAPTER 8, SECTION I. SUBSECTION?,
OF ll!EENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO FIREFIGHTERS'DISABl!.ffY
BENEFITS .
MAYOR BURNS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA 111:1111 (a,
(Iii) -COUNCIL BILL NO. 40.
Ayes :
Motioncalricd.
Council Member, Vonniuag. W,;:gins, Habenicht. W:u-,. Clapp ,
Burns
Nooe
(,i) A n,commend.11ion from lhe Ci1y Manager 's Office 10 adopt a liill fur an
onlinancc amending U1e Bnp:wood Municipal Code regarding Liquor ip U,c Putts-~
Council Member Wiggins Slalcd be is kind of dismayed al Slaff n:commcnding Ibis. Nlmlacr ooc. b-. said.
lie 1hough1 lhcy had a pn:ll)' good idea of how lhis Council, and most previous Counais. lime fell aboul
alcohol in our parks. Mr . Wiggins opined lhal ii has been one oflhe standards. why --., IIIICh good
parlts in our Cily , ix.'t:lusc we do not allow alcohol in 1hem. He emphasized he will ligllt llaillg aloohol
in 1he parks unlil lhe day he dies . Bui, he no1ed . "~ get a request from Soulh Subwb>A. Imm Mr. Kevin
Green, and he brings up a few issues such as can 11,cy have beer and wine for special a....._ c:,n they
bring ii inlo lhe park and can ii be given aw.,y, can ii be used as priu: for parlicipancs ia -
1oumaments. Well, he said , if Mr. Green had seen a lot oflhe drinking 1ha1 goes oo-:iill boll games
iis it is. and it is illegal. he would know lhal ii is no good to have it in there. Mr. Wigia,-.aed f.UI that
when South Suburban too k over that park . and they wanted to make it into Come.moue P:111.t.. .u the old
South Drive In there on the non.Ji side of Belleview. that they were well aware, and \liC ......._ ,1 to tl1eir
attention . Lhal Englewood docs not allow alcohol in its parks. So, he stated . it is not tba. dll..."::Y didn ·1 know
what was going on , that they walked int o ii with L11ei r eyes wide open . Mr . Wiggins advisa:1 ttw 1bc
second fa ct thar bo1h crs him is lhat alco hol cau sing our offi cers 10 have 10 respond to dnmmJxss and
U1ings UIBI occur in a park like UIBI and we do 1101 deri,-e any laxCS from SouU1 Subwb3D.b ~thing U1a1
goes on in 1hcn:. cxccpl for maylie a pop machine where we would gel scmc iaxcs. He poi=.! ou 1 we are
having 10 have our officer, resyond lo Soulh Suburban 's problems. not Sou1h Subusb.uo. UJllllcil Member
Wiggins stated 1h.1t he docs not want to put anOl hcr burdcr. on our police dcpanmc.m. ~~ rc uer.lled, he
is 101ally against it. And personally. he said. he would 1110\'c to table lhc item .
City Attorney Brotzn.an explained th:lt this makes ii more rcstricti ··, r.uhc:r than less. RigtJt ~·. he
advised, the provision under exemption says 1ha1 the governmental entity owning and coacmlling rhe
premises makes this dctc:m1ination . He poi111cd out that the park Council Member W"agpmi J USl
mentioned. is owned and controlled by So uth Suburb.in . That mc:111s So u1h Suburba.n ma, giYe
pcnnission on its own . He noted th:n what this says is that there ii a special pcnnit fraacmr LJquor
Licensing Board . Ci l)· A11orncy Bro1 21:1a11 adv1St.d th:11 •he currcnr provision gi\'CS them \: authority to
I• nu "11 l,C)OH'.JI rd
r 1t ,i -~irt.
rt 1 aitf
.... ........... .... lidicfwa that c.,.;1 did not Wini Sooth S,tl,wbe11 Id haw, 1h11 ........ and
aullioritJ. Wlidi. lie IIOled, is why' llatr hll ....,.itted lhi1 propoeod amendmenl, which makes them 811
to our Uqarllad l>r a Special l!venll Ucase, ifat all . Council Member WilSins SIited he
undmlaa:.
Cil)' Mulplr Clart DOied !hat in addition the Cil)I of Englewood c:ould conceivably g,ant an exemplion.
He said Ila Ille uada'lWlds the,: is a proc:almo for which the Ci()' Manager could doh, bit !hat In the
lhree )_.. le bu serYCld the Ci()' he has never had a request for an exemption . However. h, opined. that
by cldeliq 6is exemption. if anybody wan1ed to do an exempdon they would hive to go !O Ille Li<t'JOI'
Licensina Aadiority. He poinlcd 0111 thal Slaff's concern under the curre nt language is as Mr. Bro12man
indic::ied. tlml as s..11 Sllbulbon Is the owner and oontroller of the park in question. they can grut
dlCmselvGe cxcmplion and there would be nothing !hat the City COUJ1Cil. the Liquor Authority or the
Cily admiaia.atioll c:ould do abnul it. So. he said, lhcy arc recommending approval of this.
Council Mmt!et Wlw,,s Slaled Iha! he taus back his rcquest 10 1ablc.
The CilyClolt-asked to read COUJ1Cii Bill No . J9 by tilic :
COUNCIL BILL NO. 39, INTRODUCED BY COUNCIi, MEM&ER WIGGINS
A BIU. FOR AN ORDINANCE AMENDING TITI.E 5, □1APTER JC , SECTION J, OF TIIE
ENGI...EWOOD MUNICIPAi, CODE 1985 WHJCH PERTAINS TO POSSESSIOl'I OF INTOXICATING
UQUOR PUBUC.
COUNCIL -MIER WIGGINS MO\'l!:D, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM If (,i) -COUNCIi, 811,L NO •. 19.
Ayes : Cooncil Members Vorminag, 'w'iggins, Habenicht. Waggoner, Clapp,
Burns
Nays: None
(,ii) A re0:mmenda1ion from thc Englewood Housing Authorily 10 adopt a bill for
:in ordii.-:,: 3PP""ing the sale offivc Projccl Build propcnies was considcrtd .
MayorBilns aplaiJ1cd !hat he asked !hat this te pulled because. as Chairman oflhc En ,1Iewood Housing
Autllor.,-. he always al>Jtlins from these mailers . He rcqucsted tl•nl Mayor Pro Tern Habenichl conduct
any discn5sion on this issue .
Counci! Member Oapp noted tha1 she was 1old by a rcallor. and she ,van red 10 know if ii W,\S fact. thal
within ai poperty deed itself )'OU can ask 1hat it ahv;1ys be owner OCCl!flicd. City Attorney Bl'tl:unan staled
trust~ is yes. bu1 the other qucstjon is do we have the manpower 1c i\Ctually enforce thal . 81..•I. he
noted. tfhe.\' c:m actually make tJull a covcnan1 in the deed .
HOUS1n g Spcoalist Nestler c.,-plain-:d I hat they enforce it for lhrcc yc.1rs . which usually puts us in the
positiomdud: the prices of the houses we nrc selling. puls it in the price range 1h:11 we have never h.1d a
problca ,..,i[JJ a rental . we have aJ~,s go ne lo owner occupied . Bcc.1usc . he ndviscd. the price range we
arc looicntg at they can '• rent tlt i:m. even after three yc.1rs .
The C'~·Clert was asked \o read Council Bill No. 35 by ritlc :
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Englewood City Council
Mays, 1!197
Page IS
lftl tli l boo I •
tl/111 .1, ,.IA
I ~•,
COUNCIL BILL NO. JS, INTRODUCED BY COUNCIL MEMBER WAGGONER
A BILL FOR Al'! ORDINANCE APPROVING THE SALE ON TifE OPEN MARKET OF FIVE
PROPERTIES, WHICH WERE DEVELOPED FOR THE "BUIU)" PIIOIECT.
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS 51:COINDED, TO APPROVE
AGENDA ITEM 10 (a) (vii)· COUNCIL BILL NO. JS.
,,. r
Ayes : COW1Ci1 Members Vonni1tag. Wiggias. Habc:nichl. Waggoner. Clapp
Nays : Nooe
Abstain: Mayor Bums
Motion carried. ,.
COUNCIi. MEMHR HABENICHT AWVEI!, ANp q WAS SECOIIIIDED, TO ~P.OVJ:
CONSENT AGENDA ITEMS 10 (bl l~. ', ;)1 (<ii) and(lv) ON SKIXQI m:ADING.
(b) Approve ofOrdinaoc , · Sa:ond Reading
(i) ORDINANCE NO. 29. SERIES Of 1997 (<:OUNClL BlLL NO . 26.
INTRODUCED BY COUNCIL MEMBER VORMITTAG)
AN ORDINANCE APPROVING AN INTERGO\ cRNME NT AL CON!lRACT BETWEEN THE !TA TE
OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO DEPARTMENT OF
TRANSPORTATION. OFFICE OF TRANSPORTATION SAFETY (COOT OTS) TO RECEIVE
OCCUPANT PROTECTION TWIST CAMPAIGN FEDERAL HIGHWAY SAFETY GRANT FUNDING
FROM APRIL , 1997 TI!ROUGH JUNE . 1998. FOR THE PROMOTIQI!. OF SEATBELT AND CHILD
SAFETY SEAT USE IN COLORADO AND THE ENFORCEMENT Olf LAW c,i THE CITY OF
ENGLEWOOD. COLORADO .
(ii) ORDIN '-NCE NO . JO. SEP JES Of 1997 (CCOUNClL BILL NO. JO.
INTRODUCED BY COUNClL ME.'-fl!ER VORMITT AG
AN ORDINANCE EN ACTING A NEW TITLE 5. CH APTER 21. OF THE ENGLEWOOD MUNICIPAL
CO DE Im ENTITIED BODY PIERCING ESTABLISHMENTS ANO AMENDING TIT' .E 7,
CHAPTER 6E . WITH TI!E ADDmON OF A NEW SECTION 6. EN'mLED !WDY PIERCING.
(iii) ORDINAN CE NO . J I. SERIES OF 1997 (COUNC IL BILL NO. l2.
INTRODUC ED RY COUNCIL MEMBER VORMiTTAG
AN ORDINAN CE AUTHORIZING AN INTERGOVERNMEN'•·.-u .... GREEME"IT BETWEEN THE
CITY OF THORNTON . COLORADO AND TI!E CITY OF E!l:GI..E'400D. COLORADO FOR AN
EXCHANGE OF THE CITY OF Ei','GLEWOOD 'S ROTOMilJ.I..'-GSERVICES TO THE CITY OF
THORNTON IN RETURN FOk SAND/SALT. HOT MIXED .,SPH..~ T. OR CRUSHED AGGREGATE
MATERIAL S.
(iv) ORDINANCE NO . 32. SERIES OF 1997 tOOUN CII . BILL NC J6.
INTROD UCED BY COUNCIL MEMBER WAGG ONER
AN ORDINANCE AUTHORIZING A CO NTRACT FOR THE f:;GJEWO<JD PUBLIC LIBRARY
FOOD AND BEVERAGE SERVICE .
.....,.,_. City Cou .. u
Ml)'5, 1'97
h > •• 1,,"., 1l n1
l'II lln,fl: .... 1, I ~t1
Ayes : Council Membcn Vonniltag, WIUins, l-labenlehl, Waggoner, Clapp,
Bums
Nonc
,,I ti HJ itJ)
Mayor Bums noled !hat Council Member Clapp had previously requested lo remove Agenda Item 10 (c)
(,;ii) from the Consent Agenda. H, asked her if she still wanted to do that. MJ. Clapp said she felt. after
questioning Ml. Dounay, that ifwc are n01 prepared 10 go forwanl willl a new library or anything of that
IIOIWC and these things woald be an asset to tlie Cily , and the building struclure iL<elf and tbe people
would bcnelll from H, then she was all right willl it.
COUNCIL MEMBER WACCONER MOVED, AND !TWAS SECONDED, TO APPROVE
CONSENT AGENDA M'EMS 10 (c) (I) THROUGH (viii).
(c) Resolu1ions and Motions
(i) RESOLUTION NO. 52, SERIES OF 1997
A RESOLUTION FOil. A SUPPLEMENT AL APPROPRIATION OF THE 1997 BUDGET FOR THE
CITY OF ENGLEWOOD , COLORADO.
(Ii) RESOLUTION NO. 53. SERIES OF 1997
A RESOLUTION ESTABLISHING FEeS FOR BODY PIERCING LICENSES i.JNDER 1111.E 5.
OtAP1l!R 24 , OF THE ENGLEWOOD MUNICIPAL CODE 1985 .
(iii) RESOLlITION NO. 54. SERIES OF 1997
A RESOLUTION AUTilORJZING AN AGREEMENT WITH RANDALL & BLAKE. INC. FOR THE
C,')NSTilUCTION OF A WATER LINE EXTENSION LOCATED AT SOUTil W!Nl)ERMERE
S'lllEET AND WEST UNION A VENUE FOR THE CITY OF ENGLEWOOD . COI J)>-ADO .
(iv) THE PURCHASE OF A PICKUP TRUCK FOR THI! PARKS AND
F.ECREATION DEPARTMENT FROM ACADEMY INC . OF COLORADO SPRINGS IN THE
AMOUNT OF $20 .883 .00 .
M THE PURCHASE OF A MOWER FROM COLORADO GENERAL
EQU IPMENT IN THE AMOUNT OF $5 3,704 .00
(vi) THE PURCHASE OF A TE N YARD DUMP TRU CK FP OM TRANS WEST
TRUCKS, INC . IN THE AMOUNT OF $56 ,2 71 .00 .
,,·ii) TiiE PUR CHASE OF A TEN YARD TANDEM DUMP TRUCK FROM
TRANSWEST TRUCKS. INC . IN THE AMOUNT 01' $56 ,225 .00 .
(v iii ) CONTRACT WITH ASH & WHITE CONSTRUCTION COMPANY IN TH E
AMOUNT OF $333,500 .00 FOR THE LI BRARY 'S REMODELING PROJECT.
Vote results : •
•
Eopewood City C•adl
May 5, 1997 I nu > 'f!t > boo,,,lnn i
1,1':,i.f,
ffl 1.'I
Pase 11
Ayes :
Nays !'
Motion carriccj.
c-il Maabas Vonnittag, Wiggins, Habenicht, Waggoner, Clapp,
Bwm
NGK
II. 11,plar A&fllda It
(a) Approval ofOnlinan= aa Finl 11<:ading
(i/ {'. Neighborhood De\~ Coonli patgr Graham pn:scn cd a recommendation
from the Dcpartlnem or Neighborhood and llaoiaesa Dovclop~t to ~ a bill for an oralnancc
amending the Co;nprchcNivc Zoni11& ~ ,q:,,ding ·Pa,ln and' Au lo Pawn and 10 sci a pt\b!le
hearing for June 2, 1997. He cxplaiaed l.bal lliJ ii aa implcmcntalioa step to the South Broadway Action
Pl an. Slllfl' is requesting, he atlvtscd. l.bal C-.1 ICI a pubic bearins on June 2"" to discuss setting
distance limits on pawnshops. where they ......... separ111cJ by a distance 10 prevent furt he r
conce ntration of them .
n,c City Clerk was asked 10 read Council Biff ~-46 by title: , I
COUNCll. c!ILL NO. 46. INTROD UCED BY COUNCIL MEMBER HABENICITT
A Bll.L FOR AN ORDINANCE AMENDING Tl1l.E 16, CHAPIBR 4. SECTIONS JO, 12, AND 13, OF
THE ENGLEWOOD MUNICIPAL CODE 19tS. PROE IBffiNG PAWNBROKERS AND AIJl'O
PAWNBROKERS fN THE B-1 BUSINESS DISTRICT: ALLOWING PAWNBROKERS AND
AIJl'OMOBILE PAWNBROKERS AS PERMITIE> PRINCIPLE USES IN TRE B-1. BUSINE~S
DISTRICT WTm DIST ANCil lG REQUIREMENTS: AND ALLOWING PAWNBROKERS AND
AIJl'OMOBILE PAWNBROKERS IN TRE 1-1 INDUSTIUAL DISTRICT AS PERMITTET> PRfNCIPLE
USES wrrn NO RESTRICTIONS.
COUNCIL MEMBER HABENICHT MOVDI, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM I I (a) (i) -COUNc:IL BILL NO. ~
Motion ca rried.
Ayes : Council Members Vonni tL1 g. Wiggins. Habcnich r. Waggoner, Clapp,
Bums
Na ys: None
COUNCIL MEMBER WAGGONER MOVO,,.AND IT WAS SECONDED , TO SET A PUBLIC
HEARING FOR COUNCIL Bll.L NO. '6 roa J illi£ 2, 1997 AT 7:30 P.M,
Mo11011 carried .
Ayes : Counc-J Mamcn Vonniu ag. Wiggins. Habcn ic hl. Waggoner, Clapp,
Bums
Nays : Nooe
(ii ) Planning Coordinator Stitt prescn lcd a rcco mmcnd:uio n from tl\c Depanmcnl
of Nc1ghNl rh ood :rnd Business Dcn Jopmcnr 10 adopt a btll for an ordinance amending LhC
Co mprehensive Zoning Ordinance regarding Tm:g,oral} Em ploymen 1 Se rvices and to set a public hc.1ring
for June 2. 1997 . He explained that th1s 1s also .m ·1mplemc n1 atio n step to th e Sout h 8roadw.1y Action
Plan , as Mr. Graham indi ca ted "ith the prC\·1ous n:suc He s1:11cd they arc rcqucscing thal Co un cil
establish June 2. ! 997 as a publi c hc:lring date to consider arnendmcn1s 10 1hc Comprchensi\'c Zo ning
Ordinance re lative to temporaryr cmployrncn1 seruccs io. ihc 8-1 . 8 -2. 1-1 and l-2 Zone Di stri cls.
n,e City Clerk wns asked 10 read Counci l Bill 47 b! utle ·
En1lew.od City C1N1ncll
May~, 1!197
Pap, II
COUNCIL BILL NO . 47 , INTRODUCED BY COUNCIL MEMBER WAGGONER
A BILL FOR AN ORDINANCE AMENDING Tl1l.E 16, CHAPTER 4, SECTIONS 10, 12. 13 AND 14.
AND C11AP11!R 8, SECTION I, OF THE ENGLEWOOD MUNICIPAL CODE 198~. TO
SPECIFICALLY PROlilBIT TEMPORARY EMPLOYMENT SERVICES IN B-l AND1B--2 BUSINESS
DISTRICTS AND TO ALLOW TEMPORARY EMPLOYMENT SERVjCES AS A CONDITTONAL
USE IN TiiE 1-1 AND 1-2. INDUSTRIAL DISTIUCT. wmf DISTANCE REQUIREMENTS .
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (ii) -COUl'jCIL BILL NO. 47.
I yes: Council Members Vonnittag. Wiggins, Habenicht. Wauoncr, Clapp.
Burru
Nays : None
Motion carried.
COUNCIL MF.MHER WAGGONER MOVED, AND IT WAS SECONDED, TO SET A PUBLIC
BEARING FOR COUNCIL BILL NO. 47 FOR JUNE 2, 1997 AT 7:30 P.M.
Motion carried .
Ayes: Cou11ci l Members Vonnittag. Wiggi ns. HllbcnicbL Waggoner. Claj)p_
Burru
Nays: None
(ii i) Director GryglC\Oicz presented a recommendation f'Om tbc Department of
Financial Services 10 l!dopl a bill for an ordinance addin p l new scctloo n:garding Aulo Pawnbrokers to
the Eng!C\Oood Municipal Code. He advised lhat this bi l ,n ordinance, if pwcd. \\ould adc!Jt a new
Title 5, Chapter 16 Aulo Pawnbrokers 10 1hc City Code . Tiu •. ,cw liocnsc. be said.,.,.. discusm! wilh
Coc ncil in Jan ua ry of 1997 , He no1ed 1ha1 basically ii is n:all y an offshoo1 of the Pawnbroker's License
and ii folio"~ lha1 fonnaL Mr. Grygle11icz ad1iscd lhat Neigh bo rhood and Business Dcvclopmcnt
rcqucs1cd that it he broken out by for zo nin g purposes.
TIie City Cieri< ll'llS asked 10 n:ad Council Bill No , 44 b)' title :
COUNC IL BILL NO. 44 , INTRODUCE D BY COUNC IL MEMBER WAG GONER
A BILL FOR AN ORDINANCE ENACTING A NEW TITLE 5, CHAPTER 16. OF THE ENGLEWOOD
MUNICIPAL CODE 1985 PERTAINING TO AUTOMOBILE PAWNBROKERS AND WHICH
REMOVES AUTO PAWNBROKERS FRO~• ORDIN ANCE NO . 25. SERIES OF 1996 WHICH
PERTAlNS TO THE MORATORIUM OF .... "NSES IN THE CITY OF ENGLEWOOD . COLORADO
COUNCIL MEMBER WAGGONER MOVED , AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (iii) -COUNCIL BILL NO. 44 .
Ayes : Co uncil Members Vonnill:ig , Wiggins, H:ibc mchl. Waggo ner. Clapp.
Burns
Nays : None
Motion carried .
(iv) Mayor Bums s1a1cd th,1 1 !his Age nda 11cm is a reco mmenda tion from the
Dcp.1rtmcn t of Financial Services to :idopl a bill for an ordinance repea lin g 1hc ''Aulo Wrecking a11 d Juak
Y·1 rds" section of the Englewood Municip;il Code :rn d ;id din g n nc,, section c111i1lcd .. Au lo SaJvagc and
F.ccy-ded Marcrials Ynrd~." •
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lackWood City C-'I
May 5, 1''7 ... ,
111nu ") ;rJr> 1>11,,H'lfJn
ro, r .~ t•ll
ur ,;i,.'f
COWICil ldclllber Hlllcnicllt ..... ,if k ...... be lfll"'j)riale lo ...... pub.le heari11& •• Ibis ~ loo. at
lhc same U.,dlat CauRcil .......... IWII. Ma,or 8111111-,rnenlOd tbat 'I'll 11'"""1 haw 11"9 public
bmrinpm lllc-....... Ml. Halloaicllt opined 11111 the), OR nlated. City Allorncy BtOIZmaD ~
IIW.Cawlcil ,ny....,. a plllclNrilla, bl& llllltllcyorcall comiaa'" ICICOlld radil1& at lhc same lime.
'" Director Gryglewlcz advisal .. this bill for an onliuncc, it pmed IOoigb~ wo1dd n:poaJ Tille .l,
Chapter 10 of the City Cock. Aao Wrecking. which is P'""'""Y ia the moratorium and enacting a new
Tide .l. CJbaptet 10, Aua> 5ihlaeand 11.oq-c:led MIIOrials Yanls . .Ho opined that the .-sigoif10111t
chang,, in the ~ really is; 6e tltle. WI tK ccntcnt has baically stayed the same. Mr. f;Jryglcwicz
advised that Council disamcd ibis at th: February 18. 1997 Study Session nnd staff met wilh pwacrs of
t.bcse yanb and naiwd...,. ilpll. He DOICld tbat basically they bad no n,al comment wilh the license.
Mayor Bums said lhcn this is mainly a change of description. Dim:tor Gryglcwicz stated basically yes,
that they didn't like the lmaj,mk yards. that that was roally their major concern .
The City Cieri< was asked ID rad Council Bill No. ~S by title:
COUNCIL BILL l'IO. 4S. IMl1WOUCED BY l..XlUNClL MEMBER WAGGONF.R
A BILL FOR AN ORDINANCE REPEALING lTn.E .l, CHAFTE'R 10. OF THE ENGLEWOOD
MUNICIPAL CODI! 1'11.l l'Bl,TAINING TO AlTIO SALVAGE AND RECYCLED MATERIALS
YARDS AND ENACTING A NEW OIAP1Ell 10, AND WHICH REMOVES AUTO SALVAGE AND
RECYCU!D MAlERIALS YAal>S FROM ORDINANCF. NO. 2.5, SERIES OF 1996 WHICH
PERTAINS TO 1lIB MORAlORIUM OF LICENSES IN TI!E CITY OF ENGLEWOOD, COLORADO .
COUNCIL Ml:l!rRl!R WACGOIIER MOVED,ANl.'I IT WAS SECONDED, TO APPROVE
AGENDA ITEM I I (a) fR) • COUNCIL BILL NO. 45,
Motion carried.
Ayes: Caomcil Members Vomuuag. Wiggins. Habenicht, Waggoner. Cl app,
BllmS
Nays : Nooe
M Dilu:tor Gryglelricz p,csentcd a rcaiounendation from the Depanment of
financial Services 10 adop<:aeill for an ordinance enacting a new section 10 the Englewood Municipal
Code regarding Pawn Broias. and rcmming this license from lhc rnomtorium . He explained th.al this
bill. if passed tonigh~ 1>-oull! rcpcaJ Title 5. ChaJMcr 12, Section ~ of the City Co.:le and rc-ec,ct a nc:w
Title 5, Chapter 15 p,,.111,r.:11:crs 10 the City Code. He nctcd that this license was discussed ny Council on
January 13. 1997 01 Study Session. Basicall y. he a.:lviscd . this license has not changed, oth er than the
rcstricti\'e hours of opcr.1licm ba\•c been l'CfflO\-cd.. He commented that if Council would desire to place
restrictions on hours. that 1110Wd be done through c.:o ndilional use zoning. Similar 10 1hc way that
temporary employment sen>otS""" done.
Council Member Habmiclil aatcd lhat she has some level of discomfort, know111 g how controversial both
the pawnbrokers and tempnrar}' cmpl0)1nent CSlablishmcnls ha\'C been and that we arc having public
hearings on both of lhoR.. af going aJa--..ad and passing these until w:: know c.x.1ctl y whaa we arc passing .
Because . she pointed out. cbc:sc would be lifting the moratorium . City Allorncy Brol zman explained that
Co unci ! J.'ISS<d lllc other....,. on fi rst rcoding tonight as "ell. Council will be having public hearing., on
tJ1c zoning issues. so if COUll\cil warm to change anything on second reading on any of these. again. the:,
arc all being brought to Camcil at the same umc. Council Member Habenicht asked when the removal of
the license from lllc mot:lllllriwn lakes place. City Allomcy Brotzman said 30 days after Council passes it
on final reading. Pass lia. Ms. .Habenicht asked . Mr. Brotzman ~,id thi s panicular ortlinancc .
lflslt,,ood Clly Council
Mays, 1997
P■ce 20
Council Membtr Vorminag oommenled 1h11 he thousJ,1 ""11,ady bid 11oun r .. ........,. • ..u
10:0011 nlghl. Clly Allomcy Brt1zmall lliJ ya. bul 11111 swr-_mend, ........... dull
thll ii I Blue Law 111d swr -n,commend 1h11. He e,cplllned"'"' Coaacil -...... -al'-
j,llca. One Ii In Ille llcenle II lt QlffllftU~ I• or th..y can make ii a llClldltlonlJ -..... -, 61 wl ..
1empora,y employmcn~ to bring up each business individually and look al their hnun. C-=i1 Member
Vonnillag lllaled , .. would like 10 pol ii b■dt Into lien.
COUNCIL MEMBER VORMITrAG MOVED, AND ITWM-SICONDl:D, TO .ulllD
AGENDA ITEM I I (1) CV) -COUNCIL IILL NO, 43, TO STATE fflE HOURS (TDSAM& AS
ITIS NOW).
Aye,: Council Members Vormiuas. Wiggins, Habellidll. w.....,, Clapp.
Bums
Nays: None
Motion carried .
n,c City Clerk was asked to read Council Bill No. 4J by title :
COUNCIL BILL NO. 4J, INTRODUCED BY CvUNCIL MEMBER VORMl1T AG
A BILL FOR AN ORDINAN(:E REPEALING Tin.ES , CHAPTER 12, SECTION,. OF"OIE
ENGLEWOOD MuNICIPAL CODE 1985 PERTAINING lO PAWNBROKERS AND IE.-ENACl1NO
A NEW CHA¥reR IS , AND WHICH REMOVES PAWNBROKERS FROM ORDINANCE NO. 25 ,
SERIES OF 1996 WIIlCH PERTAINS TO THE MORATORIUM OF L!CENSES IN lllECITY OF
ENGLEWOOD, COLORADO .
COUNCIL-MEMBER VORMITTAG MOVED, AND IT w;.s S!COND£D, TO .a.ac>vt
AGENDA ITEM 11 (a) M • COUNCIL BILL NO. U
Motion carried .
Aye,: Council Members Vormittag. Wiggins. Habenichl. Wagoocr, Clapp,
Bums
Nays : None
(vi) A rccornmcndalion from the Dcp.ittmenr of Financial Scn"ic<s llndop1 a bill
for an ordinance cl\llCling new seer ion of the EnglC\1ood Municipal Code rcg.,rding 1--.,y
Employment Establishmcrns was considered .
The City Clerk was asked to read Council Bill No. 42 by tillc :
COUNC IL BILL NO . 42, INTRODUCED BY COUNCIL MEMBER WAGGONER
A BILL FOR AN ORDINANCE REPEAL ING TITLE 5. CHAPTER IJ. OF THE ENG.EWOOD
MU1'/lCIPAL CODE 1985 PE!lTAINING TO TEMPORARY EMPLOYMENT SERVICES AND RE-
ENACTING A NEW CHAPTER IJ . AND WHICH REMOVES TEMPORARY E.I\IPLO"l'llENT
SERV ICES FROM ORDINANCE NO . 25 , SERIES OF 1996 WHICH PERTAINS TO THE
MORATORIUM ON LICENSES IN THE CITY OF ENGLEWOOD . COLORADO
COUNCIL MEMBER WAGGONER MOVED , AND IT WAS SECONDED, TO APPIIOVE
AGENDA ITEM 11 (a) (,·I) • COUNCIL BILL NO. ~2.
Council Member Habenich t asked if passage of this 10·.igh t uill in any way affect how ~ can or "'1n 'I
vote 011 item 11 (cl (i). Ci:y Anon,cy Brotzman ~,id 110. So . Ms . Habenicht snid. they c:,a Vl\le yc on
tl11s and no 011 lhc other and there is no probl em ,\1th 1h:1 1. "fr. Brotzman said that is CCttCCt. He •
•
•
•
1■..,.....ae,<loacll
MIJS, 1''7
Papll
nuu) ,,n l1 0t:1H ,l:,n.."f
·1!1'1 ·' ,.,,.
H) q
COIIIIICMllldllla-... 111llride • owpll1111ioa, not on tlli1 ill:111,1buMllc one·bolowrrHoadviAd Ulhc.
iJ loallillta--.,apandfalllor,alau:, Planal1gandl.oal11&.dlda lt ra:ommcad<me, bulifnls
thinkinc ..._.., 11 gnndfnt.bcr •'-· it raaka a,my odd paoitian to add a am,dlllthet ~,-and
prohibil tllw......., from continuing dawn below. Mr. Bro1zman advised that if 1hat is going 10 be a
pn,pcm1 Ille ... ID tau that into 0011Slderatian.
Vote,_
Motioa ~
A)CS: Council Membcn Vonnluag, Wiggins, HabcnichL Waggo11er, Clapp,
Bums
Nays: None
(b) Appr0\'3l ~T Ordinanccs on Second Reading
Then: wen: no a.Hitional iJcms submiucd for approval on second reading . (Sec ftgenda 11cm 10 • Conscnl
Apllda.)
(c) Resolutions and Motions
<{j) Dircdor Gryglcwicz ~•cd a recommendation from 1hc Dcparu..,cn1 or
Finaac:ial S-.....111 _,_ a !Dion allowing Slalld By Per&ooncl lo opcnuc in the Cily of Englewood
for f.,.. _.....,._a proper li<casc. He advised thal Sieve Cogswell, n:pn:scnting t.bc new owners or
Stand By..-Council al the regular mce1ing on April 21 • requesting four monlhs 10 opcntc
witlloula ~.mil they could..,.. oul of the Cily. He DOied II.ii Aaff did not pmccod wilh any
cnfon:cmcm acliia until Council a,uJd discuss and formal;y address Ibis issue, which 1his llY.llion would
mal-c. Mr. <l,y~ sialed that stall' has wriltcn a proposed motion, lo allow them 10 opcralc for four
mot1ths, wlaidl ii iiaclladod in the Council Cotnll unicalion that Couocil rcc<i\'cd in their packcl5. He
p>mled ow l.ba< ,uJf docs not n:ally have a posiuoo on lhis issue, llaa1 Council can amend Ibis in any form
Ibey hke.
Council Memb::r Clapp asked wbo is responsible for enforcing iL wh,u depanmcoL Cil)' Manager Clari<
said the Polkc Dq,anmcnL Director GryglC\\icz siaicd he wo•Jld , a,, •he licensing officer. He advised
thal he did oot ilClllllly know 1ha1 thcY had been purchased until lhe •:·<'llncil mcc1ing on 1hc 21 •. Ms.
Clapp said. jlasri liar clarifialtion, that thcY an: illcg:,lly operating wi t O!•l :t license curn:n1ly. Mr.
Gl)•glC\\icz stmd that is true . so if Council "oold decide 10 enforce, we would proceed immcdia1ely . He
advised tn.11 the: anJy rc:ison they didn '1 is because the new owner had mndc a rc(luCSI and l11cy . of course,
wanlcd 10 allow Counci l 10 mak e 1ha1 decision .
Council Mcmba Clapp asked ·f thal Monday nigh1 was the fin;i lime 1laa1 he infcnncd anybody of Ilic
purchase of Stand 13). Director Gl)·glcwicz advised tha1 staff had heard rumors lhal lhcy had been
purchased. Wbcm we tried to contact thc1~1. he said. they would not am.wcr ot .. t;Jt lCSlions as 10 whether
they had bccD dd.. So lhc first time we ac 1uall~· had good co 'Ulnnation was at 1hc Council meeting on 1he
21" when the ae,a1 (Mncr addressed Council . So that is wl1t n we rc.1 lly knew. he noted. because they
would not a.nswa our questions .
Counci l Meml,,z Clapp asked ifwc know when 1hcy aeluall y purcilascd Su,nJ By. Direc1or Gryglewicz
stated he lhoaghl n -..is Marr'1 J 1111
•
Counca.l Mcmba W.J~oncr staled that he would make n motion in order to get this vn lhc table and gi\'C
Slaff dirccnoo.
lnpewood City CO'llnc:11
M1yS, l!.'97
P1aell
OOIINCIL MEMBllR WAGGONER MOVIID, A·ND rr WAS RCONNa, TO ALLOW ST.'111>
BY PERSONNEL TO OPl:RA'l'I! Dl''l'm '<lrrY or ll'IGLZWOOD .. POil• MONTIIS
Wl'TJIOUT A PROPIR LICINSE AS UQUlllP BY n-ru:' or tmtcrrv C!ODL
Council Member Habenicht st,,ted she seconded the motlon, In onler IO ,-ii• .,. 1111111 lbr JI......,,,,
Mayor Bums nOled that a lot of businesses that arc licensed. including liq,,ar '-siDCSICS ■nd ,o ml~ tl 1cy
cJooe on the condition thot th , liccnle au, be llligncd or l.nUISl'emd. He asked if -,t,ody approached the
City with regard 10 that. Dircctor Gryglcwicz said 11<\ when"" bani that~ lild been sold. we did
contact them . Because. he nOlcd. wc knew that they would be openlling •~ a license. So, he
reiterated. no one contacted us to tmnsfcr that licc nsc and they would not td1 .. that they_,, sold . they
;rouldn ·1 conlinn that.
Counci l MCl'.ber Habenicht withdrew her s.:cond .
COUNCIL MEMBER Cl .APP MOVED, AND IT WAS SF.CONDED, TO' 1 ~,BLE AGENDA fl'IM
II (c)(I).
Council Member Waggoner asked what kind of dircction this gives sall'.. City Manager Clark advised we
will shut them doM1 . Mr. Waggoner Ald that he -.Id just lite to give -a little more direction. that
if Council were to vOle no on the original molion, that would _,. IO (!M -IIIOPcr din!ction. Ml)oor
Bums asked if th= were any legal illU<S. City Anomey Brutzmaa e.<plaiad--ity, ID mab Ille
motion. second it and then vote no. would be more dirutlvc and llppftJpriak ~I Men-bet Waggoner
agn:od. Council Member Clapp said not necessarily. that she felt they~ ~ 1 dccHian....., they
originally \'OIM 10 license them and she felt they arc just saying d,cy ._, _ uydting but wlw
Ille)· already h.,ve decided on. Council Member Waggoner explained lht.t m,-inl Is that nus is no1 really
answeri ng the guy', qucstion . City Attorney Broczman said it "alto a lol cie-to llalf ifyoo do It that
w,ry, to actually mllte the motion, second it and \'Ole no.
Mayor Bums pointed out that tl1e second was withdrawn. so the first ll10IJCY.l is DOI on the table . That the
motion to table is before Council. He asked that Council VIiie on the.-.., llble.
Vote result, on the owotlon to table:
Ayes : Council Members Vonnitt:lg. Wigpns. Ebl,cnicht. Waggoner. ci.,p
~ays : Mayor Brins
Motion carried.
Mayor Bums exp la ined 1ha1 the only reason he voted no was because he f:it 11 "'aS more direction:iJ to
vote on the mr.tion and vole it down we could do thn1. He poinrcd oul that ooanc on Council iii \'oting in
favor of anything here. He nOlcd the motion lo table h.,s passed . But 1f 1bc IDLllion to pass would have
been voled on, he stated, he would have vOlcd no .
Council Member Habenicht asked if ii •night be dearer 10 r-·~tody 10 ►.ave another motion . lllat moti m
would be 1hal the new O\\TICrs ofSland By Pcrso ,ncl. Ou tSo urcc ln 1em3.lJOIIDI.. m:ay not operate without a
proper license . Or, she :iskcd . is Ihm a moor point. She was ad,,scd lh'll wa.,..1 moot po int Unless .
Council Member Waggoner stated. staff doesn't enforce thi s
Mayor Bums ,1skcd 1f1hcrc was an; point in :lllo"illg them to ope-rate unuJ Cooncll vot~ on the motion
on the zoning. Or. Council Member Habcniclll said. lh.11 Council mD\'a ID ~r their request . She asked
ff that would help . Ma)or Bums questioned if we have a legal problem ~ rtf we cffc.ctivcly shul them
down , because lhcy ha\'r been sold and !he new pan y is no1 licensed.. (JI)' omcy Brotzman said no,
1ha1 there nmy b:: a problem between th is purchase and 1hc seller Bcc:w.sc. lhe noted. !hey shou ld have •
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lratilcwood Oey C011ncU
May 5, l'97
..... 13
pa notice tbal lhis would have been a problem . because obviously they knew about the ~lceming.
....._,y, Ibey lmow aboul Ille :zonilt1 iaa, In flcl, ,be UJough~lbc -had said be recognized what
1111, pn,blelm _.., coming ia . He pointed 0111 lhal Oaosc an, ilsuca between the buyer aJ11I seller of lllia ----Mayor Bums said he lhooght he did say something about tl1e fact that they wen, getting up to speed on
wbal Ibo isaucs were, City Aliomcy Brownan said yea. Mayor Bums opiocd thal if he looked II lbc
siaiolion at all , aayway, be~ have kDowa whal the problem is . So, ho said, he does not have a whole
lol of sympa&lly for him 011 lhal .<eorc. But. he DOied, the mauer has been tabled and they don 't have a
license.
12. Gaienl Diacuuioo
(1) Mayor's Choice
I. Mayor Bums rtqUCSlcd Council approve his expenses for the CML Confercaa:. He noted he will
probably 1101 auend as many days II Council Member Haben icht will , but it is the same total.
COUNCIL MURl\.'l WAGGONEll MO,VED, AND IT WAS SECONDED, TO ,. -,f ~OVI
IDENSES FOR TBlt MA \'OR TO GO TO THE CML SNOWMASS VILL,Vi t , 1,' ~NCE
JUI\£ 1.9971111 AN A'.dOUNT NOT TO EXCEED SIOOO,
Ayes: Council Mcmhcr> Vonnillag, Habenicht, Wag&0ncr, Cl.pp, Bums
Nays: Council Member Wiggins
Motio n carried.
2. Mayor Bums advised 1ha1 he signed a leu,:r apologizing to Terri Olmsted, who came to Council
last time aboul the problem \\i lh the overturned porta potty . He nJted tliat WaSle Ma,,agement has sent a
lcucr to her ala>. He said he thinks 0..1 problem has been takee "'"' of, but t1,11 he tb.111gh1 ii was too bad
that she had to anne to Council and go through all the lhal she had to go through to get · hat done. So, be
stated . they truSI 0..L tliat ""n't happen again .
3. Ma;or Burns tlla.M<d Randie Banhlome fo r her service lo the City ove r the last eight ycan and
..,isbcd her the best ia tlie future .
(b) Council Membe r's Choice
(i) Counc il Member Vom1 ittag asked Co uncil lo approve the funds for the Clean.
Green and P:ood GoifToumament al Fox Holl ow . He said it wi ll be $1 00 per person and be is looking
for a fourso1DC. 11ml will be S4 00 .
COUNCIL ME MBER HABENICHT MOVED, AND IT WAS SECO NDED. TO SUPPORT A
FOURSOME IN THE CLEAN, GREEN AND PROUD TOURNAMENT.
Cou ncil Member Waggoner sa id he was sony. but that he wo uld be vot ing no on 1hi s beca use he dis.1grces
\\ith th em goi ng somewhere else , insu::i d of the Englewood Go lf Co urse .
Ayes : Coun cil Membe rs Vo nn iuag. Haben ic ht . Cl:ipp . Bum s
Nays: Coun cil Me mbers Wi gg in s, Waggoner
Moti on earned.
Mayo r Bums s.1id that he und erstands there has bee n a lot of prog ress and disc uss io ns aboul brin ging 1h is
1oumamcn 1 back 10 1hc F.nglcwood Course and they hope that perha ps nc:<I yea r thn1 ca n be done.
E■&lewood Clly C..Uncll
M ■y S, 1997
P•&e 24
II
(Ii) Council Member Wiggins llid. rq;,•.fiag die lldleww Parle, LIClit Ci ,;l,
Tmn. that be saw IOfflClhing ,me,e becalm"'~"" ..i-.. orlk 1nas !hat Ibey anlicipaled ojlmtlng
up May 23 ... He llalcd lh■l be just knows lbcR is ao-,. ir ii piag lOopcn. He&>:<cd iflbcR i1111:,,,ay
!hey can get a ddlnilc dale of wti::n Ibey anucipotc renpcaillg lhal.
Mayor Bums said he w■1 sciing to mcnliotl 11111. He sai11 lie dluooghl die bit,, palh 'was eoi"I 10 swt
c,,nstrucllon In lhe middle of April . He acd w-.e wan, an lh■I. Din!C!Or Eslcrty commenled Iha! to
1h , bc.<1 or his ltnowledsc it is on ,chcdulc. Coencil Mm6or Wiggilll ....i if 111ydric !las gone down
lhc -c and liken a look al ii. Mr. Eslerty ■dvisod !hat Di.r<dor Bladt war no longer in lhe meeting room .
Dirc.:1or Esterly commcnled Iha! he assumed !be lr:ld<J ha\'C been 10m up. C<>UICil Member Wiggins said
yes. Iha! lhe !racks have been tom up and !hat be undrnwxls Ibey ■re putting in hew ll'ICl. Mr. Wiggins
said Iha! all he wan IS 10 know is if !hey arc 011 wga became it is crucial 10 the Lions Club 10 r :n !Ital
during 1ha1 time . Director Esterly no1cd !hat lbcR is 1101hing lo iadicalc Iha! 1hey are not on Jiedulc.
(iii) Council MeniberCIIW-
1. She asked for some clarification on Sland By, lUl IOIIQIDW we ,.;u start clOling lh■I particular
business. Cily Attorney Bniczman llllkil lhat"" 'Mil re dian na1ice '°""'"""· She qaesiloned the
process for that Mr. Bri>l'zman advised lhll tliey shoald dole allor they ha\-e nolJal or 11<)1 will be cited
for operating wilhoul a license . She said okay, to they •'t ha>'C any-gr■cc pm,ld .....__, Cily
Allomey Brownan said no. Unless. CoUllcil Member ~ IIOlcd. they get an injunction . Mr.
BrolZman commenlcd Iha! Iha! is a coun proceoding 111d we will ,ce if they get one.
2. She sai d she wan1cd 10 1hrow ou, a suggcstioa. lfthis has not already been done. Iha! she fell lhc
Ci1y should require any lempornry bathrooms dm we Illa)' have in the City , lo require Iha! !hey have an
emeri:cncy number clearly posted on 1he OUISide ol'llle lratlroom Iha! a citizen could c:ill . Mayor Bums
said he lhoughl lhey have • number. Council -W■ggoncr commenlcd lhal he lhooghl !hey had a
name and a 1clephone number. Council ~-Clapp mt<d ihey don't-· Also, Cooncil Member
Habcnichl fell they also shoold be visible from a di.stance.
3. She ad1iscd thnl she has been ,pecilially asl<cd about a Housing Au1horily project Iha! she would
like 10 be able 10 help wilh and she doesn '1 ha\-c the aDS\\'CtS. It is a progr:utL she said. where somebody
c:m oblain funds from the Housin g Authoriry to imprD't-c their ~ro pcrty SC\'Cn blocks "-'CSl and seven blocks
cast of Broadw.iy. In OIOSC specific areas. She said s11" might have the diSlllncing wrong. bul lh.11 ii is
SC\'trnl blocks off. 1ha1 she 1hough1 he said SC\'Cn. Mll!'lll' Bums said he 1hough1 she was talking aboul lhe
rehab loan program and over 11,e )'Cars ii has been a.Md around lhc Ci1y. For inSlana, 1hcy large! one
section and ,:ten target another section. then do ii City "idc. But he said 1h:11 fr.1.nkl y he was not aware of
the seven blocks on 1hc ci1hcr side of Broadway. He rc11cr.11cd that it was Ciry wide . rh .. 11 you ca n use the
program . He commented that there arc a lot of rcnlals in t.h,u area on either side of Broodway for two or
lhrcc blocks . which !hey ha,,. known for )'CD'S and""-" ena,uragcd people 10 participate in lhc program .
Mayor Bums said that he does noc know of an,• SC\ffl blocks on ci1hcr side thal is a current targeted nrca .
He po inrcd ou t lhal 1hcrc have been a number of targeted areas O\'Cr the }c.11'5. So, Council Member Cl npp
said. it could have been an old ~,gcted area Mayor Burns agreed it mighl have been an old largcred area.
done in the p.1 s1. but that 10 hi s knowledge now it is Ciry '"idc and can be used anywhere .
(iv) Co uncil Member Habc.nichc
I. A reso luti on honoring Jim and Jennie Ta~·lor 3S EngJewood 's C1u1.cns of 1hc Yc.1 r for 19 97 was
co nsidered .
The rcso lu1i on was as.sign~ a number and read by u1 lc: •
•
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E■~OtyC-U
Mays, 1997
Pace 2S
RESOL1JT1,0N ~-55, ,SERjES ,Of 1997
A RESOLUTION HONORING JIM AND JENNIE TA YI.OR AS ENGLEWOOD'S CITIZBNS OF nm
YEAR FOR 1997.
COUNCR. MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE
RESOLUTION NO, 5S, ~ERIES OF 1997.
Mayor Bums nolcd tltal on the fowth when:as where we arc lalking aboul Jim 's support for the Malley
Rccrcalion Ccnler and Englewood Golf Cowsc, that he didn'I know if this a fil"" draft, but Iha! Mr.
Taylor was very active in the original Simon Ccnler Bond Election . Mayor Bu:u said tltal he remembers
going uvund_ Jbc City Mth Jum as we had a model of !he building and they wen! from plac,: 10 plaa: 10
Clldorsc that election. He said he would like ID add Iha! ifhe could, as anolher ilem lhal 1lC worked on .
Council Member Habenicht suggcotcd they note Mr. Taylor 's strong support for the Recrcalion Center.
Cowicil Member Habenicht acccplcd the addition lo the resolution and, as Council Member Vormillag
had seconded the motion, he also acccplcd lbc amendment
Voce raulll oa tbc -lo• 10 appnwe lhe raolutioa u a111C11ded:
Motion carried.
Ayes : Coun,-il Members Vonninag, Wiggins, Habcnich~ Wqgoocr, Clapp,
Bums
Nays : None
Council Member Habcnich1 commcn1cd that she did ask why all of Coun< , 's names wercn '1 on tl1c
resolution and Communications Speciali st Hoffi1incs said there wasn 't cno ,gh room . So. she noccd . !hey
just thought tl1cy would go with lhc Mayors name.
2. A rcsolulion supporting 1hc Englewood Hi slorica l Socic1y 's Dcp ~ Project was considered.
The rcsolulion was assigned a number and read by 1i1lc:
RESOLUTION NO . 56. SERIES OF 1997
A RESOLUTION OFFERING STRONG SUPPORT FOR THE ENGLE WOOD HJSTORJCAL
SOCIETY'S "HISTORJC ENGLEWOOD SANTA FE DEPOT RESTORATION PROJECL "
COUNCIL MEMBEI: HABENICHT MOVED, AN D IT WAS SE CONDED , TO APPROVE
RESOLUTION NO. 56, SERIES OF 1997.
Mayo r Burns e."plru~.cd that he was going to absiain from thi s vo te, because the Housing Au1hon1y is in
active ncgotiatir;1 with the Englewood Historic.11 Socie ty about this sile anc.J the rest or1he land which tl 1e
Housing Authori1y owns adjacent to the Depot.
Ayes :
Nays :
Absl:tiff
Mouo n carried .
Counci l Members Vo1 mittag, Habcnic hl . Waggoner. Clapp
Co11nc il Member Wiggins
Mayor Bum s
Counci l Member Habenicht noted 1hm on the \\ay lwre she noticed an upturned porta potty at
S1anford and Fox in lhc grccnbc ll .
l■cle,rood City Cou■cll
M ■y5, 1997
Pase 26
h Ill ) lll ) b .. ,.,.t,v,d
f If l" ll
,. ~,. q
4. She said &be wanted to..,..._ e.n,•, comments and let !he record show how much Randle
Barlhlo""'• scnica bave been apprui■lal. ML ~hi noted that over lhc yc;,rs she has been
phehomcilaJ and this win be a rm taa., die Cily . ' '
Regarding the porta pouics. Couacil Member Clapp asked ifwe can make them chain 1he1 , down or
secure them in some fashion.
1 l . City Mauier's Rq,or1
(a) City Mallagcr Clatt discusa:d lbe Cinderdla City Activity Report . He advhed 1h11 the
pwthase and sale agnemcnt is r=!y for Council IC\i ew al Study Session next Monday nls)ll , The dnlft
report was 10 be here lOclay and •·e ,till ha>'CII' received it He noted that Mike Miller lndlcalcd he should
have it 10 us tomorrow. Mr. Clarlt adlucd Counci l Oiat if they do receive ii 1omo1TOw, they <\i ll forward II
10 Cou ncil overnight He said he ""5 not sun: or !he aartlng lime for that study SC11lon. 1ha1 he dldn 'I
want n ,o conflict \\itb !he Tent Tait-Citizen of the Year. So he was wondering if Council would be
availa ble 10 sun al 5:00. Bccaasc. .., -=. the Tent Talk is scheduled 10 start al 6:00 and they nre
confident they can go over this---• boor. lfthal is okay ,.;th COUIICil . Mai-or Bums noled 1hc !!-
mall , from E:a,cuti\'e Assiaanr to lkCily Manager Sue Bradshaw, had it st.1rting al 5:30 and lhc Ten t
Talk at 6:00, and it would be ,-inually im possible for Council lo make !he Tent Talk . City Mnnagcr Clark
said his thought was they could mee1 .,.,.,. here and if they are done within an hour !hen they can go on
over 10 the Malley for the Tent Talk Council Member Habenicht said that she would assume ir Ibey mn
into problems.. they could aJ~·s coonnuc ii ID later . Mr . Clark said yes. they can take whatever time lhcy
wan,. alO,ough they are going to encour.igc: Council. if ii is okay. 10 go on first reading on 1hc 19~.
Ci ty Manager Clari< advised 1h31 be lialkcd 10 Equitable today regarding lease 1cnnina1ions. No progress
has been 111,,de with Wards and they· .-c holding back until they make some forward motion wi 1h Wurds .
He sta ted •Jiat the Mercantile lic:::mi,,g agmrnenl. which would authorize us and the Equilablc "s
coniractor. has been completed by C~ Atto rney Brotzm .. ,n•s Office . He noted he is taking one last look 111
ii and he called Mercan1ile today mLl mdicmd they should expect that some time by the middle of 1he
week he w:.I Fed X that 10 them
Ci ty Manager Clark noted they b:l,e met 1'ith lhc dc\'c lopcr a couple of times and tl1cy arc completing a
revised development agrccmcm. stri;Jping out all of the references 10 the City Equitable agrecm enl and
Mike Miller indicated this aftcrD0011 that t.hal should be done mid-week
In addition. he advised. he "iU be .1ocndm g the lc.1si1g fair ;11 ICSC in rwo wee ks and that Miller Kitchell
has invi ted him to sit m on so me ohlic mceu ngs 1h~ arc goi ng 10 h:we w11h prospccl s and they also
trying to sched ule a mcc ling "itb dbe Son~ Loews TI1cater people 10 ki nd of give 1I; !111 a nm down on th e
project stntus.
Ci ty Ma .. ..i ger Clark ad vi sed that ths..: arc dom g a re,1 scd fin :rn c, I pro fonna wi1h Miller Kitchell
showing 1hc pro fonna '\\-ith and wtdiout a tc:n acr: carved ou1. presumab ly for 1hc Museum ofO•itdoor
Ans . TI 1ey arc sti ll working on ~ nu,·-'bcrs
He norcd 1hcy arc also con,·cruog :i g aff mccung nc.,1 week to rcvirn utili1 y l;ip , plan ·cvicw an d buil din g
permit fee ;JCU\'11)'.
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EnsJewood City Cou•cil
Moy 5, 1997
'""' 27
I u I
Cily Manail:r Clarlt S)alcd lhcy h;,vc scheduled Mill er Ki1ch<,l 1o joln 1he C,,uncll on Moy 19'" for.,... a ~hour 1111d dis:uss projccp•.a/us fib 11tem . ,
Regardln& thc MIIIOUm ofOJldoor Art,, Mr. Clark advised 11-,:y .ic continuing lo develop a ftllllldal pn,
forma . He said IJter have given us some prcliminruy number , on maintcnana: cost and we an: uyiag ID
get our nwnbcn morc rcfincd wilh rcgard 10 p10 rala sharc :: dcvclopmcnl cost for any cm-o 11111 or111a
silc . He advised lhal lhey have also invilcd 1he Museum ofOuldoor Arts lo spend aboul a half hour "i ll,
Council on May 19•,
Finally, he nolcd, he ond Bob Simpson will be presenting a position paper on lhe 19"', IJying ID pull all or
this information. the financial pro fonnas rclalcd 10 Miller Kitchell, and olso wilh the Museum ofOuldoar
Art, inlo somewhat of a conci se form so tho1 1hey can S1art pulling all of these together. So !hey would
like lo !J>C11d about a half hour on the 19• wilh Counc il on lhat. Righi now, Mr. Clari: noted, !hey an:
shooting for lhc nighl oflhc 19• 10 be dcvolcd, S1ric1ly, 101hc Cindercllo Cily project. Mayor Bums a5ltcd
ifhc lhoughl a half an hour was going 10 be enough forcilhcr one of lhcsc. Cily Manager Clark said Ibey
arc going 10 push and if lhey need more lime , lhey arc going to lake more lime.
Council Member Clapp asked if Council is going 10 si1 down wi1h Mill er Kilchell the same ni&ht as aic,,
sil down with 1hc Collura! Art, people . Mr. Clari< said yes . Ms . Clapp opined !hat !hey arc not '""Y
compaliblc. Mayor Bums nOICd Otey arc separn1e meetings, lhal 1hcy arc not los,ctbcr ill all. tiry
Manager Clark advised !hat they will be scparal e ,n lhc agenda and they know about each Oilier. Ms.
Clopp said bu1 ii will be the same evenin g, in 1hr same place . Mr. Clarll said that they don 'I think it is
go ing 10 be a problem . In respo nse to Council Mem be r Vo nnillllg , Mr. Clark nolcd ii will no< be ill the
same lime . • ... Clark said he is awa re ofi1 :hat we have bri efed him and they :i re aware of the situation.
Mayor Bu ms od,iscd lh.11 Sk ip Mi ll er ca lkd him IIXill)' and lalkcd lo him aboul lhi s. Mayo r Bums
co mmented that he is ve ry aware of th is . he understands and he docsn ·1 have a prob lem \\ilh th is. He sairf
th ey arc not going to sec eac h oth er or m.xt each ot her or an}thing li ke that.
Cily Manager Clark nolcd they are nol in an od\'marial. confro111a1 ional si 1u.11ion. He ami scd Iha! the
Mu seum ofOu1door Ans has been full y bri efed on where we arc 01 wi1h Miller Ki 1c hcll and Miller
Kitchell has been foll y bri efed as to whe re we :uc with th e Museum of O·nd oo r Ans.
Council Mem be r Habenicht stated she has a prob le m mccl ing wi1h a proposcci -JC\·clopcr befo re they b::z\'e
final ized ~he Equ ilab le 3grecmen 1. Mayor Bums noted tha t pa n of what he is doin g is that they ha,u ··1
subm ill cd th eir si te pl an and tha1 he fell that Cou nci l need s to mccl wi th them again to get up to speed on
where th ey arc . where th ey arc spending thei r money . what th ey arc spending 1hci r ti me on and how tlliey
arc movi ng ahead. M.i.yo r Burns said he fell th.11 was ent ire ly co nsis1e11 1 wi 1h wh ere we ha\'C been \\1th
the m in the past .
Cit) Manager Cla rk sla ted that. to his rccoll cc rion . Co un ciJ asked that we brin g the developer in and the
deve loper wholch c.1ncdly conc ur red. beca use staff \\3S ki nd of shuttlin g ba ck and fo nh wi th progn:ss
rc po ns . It was fell 1h:1 t Co uncil and th e develope r shoul d sit do·.rn face to fa ce . That way Council .:an
hc..1 r fir st hand from 1he developer the vari ous issues he is dc..,ling wi 1h with rcgn rd to the si te pl an.
develo pme nt issues and his 1eria111 rcc niitm cnl. So, Mr. Clnrk nolcd . they ex tend ed 1he imitation to tum
e.1 rlier 1his month .
Cc un ci l Me mbe r Clnpp quest ioned wh clh-.:r au)1h ing has rc.1 lly changed on K11chcll"s silc plan from a few
mo nt hs ago . She risk ed if it has chan~ed significa n1 ly Ci ty Ma nage r Cla rk a( ,.iscd that it is !Jasi:al~
abo ut th e same . Basica ll y, he sa id, they ,rnuld like 10 enco ur.1ge a f:1cc 10 face dinlog \\i lh th e COUDCll and
1he deve loper
la.,_,.ood Ci1J <:.-ii
May 5, 1997
Pace JI
JtlUO \ {II b Olt' 1!111)
"fJ,i'1£11J
T J!,. lj
Mayor Bums,...,,_ ti. Counch has 1101 mc1 with thcm in a long'ti\nc . Ci~-~ Clark noted it
hal been moDIIIL W.,., Bmns aid he 0-ght It would be conslructive . Mr. Watgoncr commented 1that
he would~ aot ~ to meeting wilb him, that he felt he needs to know where Councll 11 coming
from . ~a...,....._ it would oaly be fair to him, becaU5C some or the publicity about the
Museum or~ /in. Im been i1n the pras and obYiously this get< back 10 him and through his own
potential tc..-ad odior people too.
Council Member Wiggim,; c111rune1t1cd that be noticed that the Museum or Outdoor Arts indicated 1hn1
they would not be Ull<ftSICd in the Cindcldla City site if a general mcn:handiscr pcnnlllcd. City
Manager Clark said Iha is uuc, that Uic tenant mix they -.Id pn:fcr, if they go into the site, would be
the Sony Loews. the ligtilt nil SWion and the balance of the site they would encourage us 10 develop that
for Sf,"Ciahy t'Clail. .-aau, bn:w pubs, that kind orlhi"I, Mr. Clark noted thnt this is what he and
~:•. ,:mpson 'IIIOQld likc !In discuss with Council on the 19°'. That is if1"" go with the Museum or
O .oor Aris optiaa. lhat "'~ arc looking at more or a purdy entenainmcnt center as opposed lo a mixed
1, · ,l entcnai-czaa:r that"'" an: working on U1rough the Council resolution and Miller Kitchell .
.ouncil Member W.,..., asked if it rcstrids specialty ston:s. City Manager Clark advised that
...asically they -,c pn:ttJ'blwit, thai thcy don"t want to go in next 10 a Walman or Target Council
Member Wauc-saillk andcnt,nds that. But. Mr. Clark said, that docsn '1 preclude some type or
boutique type ol rcnil ..-,my type or n:tailing that would be compatible with some type or an
enlcrtainment use or lipa nil Jlalion.
Mayor Bums stated tho! Cit · '-tlnagcr Clark and staff arc ,loing what he was going lo ask Mr. Clark 10 do
•
anyway when they ud ba:aba.st this morning. Mayor Bu.--.i ?()intC<I out that thi s is a very serious issue. •
because when JOU look .11 t"'e economics of this . and he said. ,hey need 10 look at thi s \'Cf)' serio usl y. lhc
question is whether we wiD ha,'C any cash OO"A· out of this a1 all if we go lhe roulc wilh lhc Museum or
Outdoor Arts . And so . be said, the)· have some large numbers or cost 10 look at u hen they look at lhi s
possibility. He opiDl:d Iha~-n:all y need 10 look al the whole scope orth is, especially economically .
with Mr. Clark and ,al[ He uotcd th at Uicy have a rcso luu on that Council aln:ady pass:d and they
haven 't changed it and ;is~ mi ght expect. he s.1id. 1hc dc\"clo pcr is a little antsy about what we arc
doing lien:.
Council Member Wa&c,oeacr su1cd that e\"cn wi th the Museum of Outdoor Ans yo u have not changed the
resolution. Mayor Bw-a.s quncd that you ha\'C changed ii drnm.11ically . Mr . Waggo ner said you a.re still
looking .ioo ,000 square fc:::I of rcuil and cnlcrtainment. Mayor Bums stated he ree ls you have cha nged
(he intent and the scope of iit \'Cl)' dmma1ically.
Cily Mana ge r Oark D0lCd Olat the Museu m of O111door Ans 1s co nsi stent wi1h !h e reso lut ion . but 1hc
underlying cconorrua ~ ;a lntJc bit different. Pa n1 c11l ;1rly. he said. if we do not put a gc ncml
mr.rch.1ndiscr 0\-c:r tbcrc. dba1 changes the undcr h mg cconom 1cs . Counci l Mc1:1bcr Waggoner said !hat
certain ly the ccononua ~ different. b111 thal he docs not remember an)1hing in I.he rcso lu1 ion that
addressed eco no mics.. He awu:d that he thought that durin g the discuss ion Council s.1 id thal economi cs
was not our tolal considi:::rartJ.on for thi s site. He stat ed th~ ,,ere talking abo ut cn1e11ainmcn1 and rc1:1il ,
400 .000 squ.m feet. Aad d. be sai d. lhc Museum of Ouldoor Art s docsn '1 fit in 1h.11 he wou ld beg 10
differ. llk11 he thinks II docs.
Coun ci l Me mber \'on:nm.1g.swcd he w;1111ed to stal e for !he reco rd that he is in favor of th is . TI 1.1 1 hr,
\\O n 'I be here on the Jf16 amd be just wan ted lo let Co un cil le.now lhat he is in fav or of ii and lte hoped 1hat
th111gs can be worte:f out Mr Vonni 1tag noted he wo uld try 10 get up 10 speed on it when he gets bac k
from the ma ll shO'~ •
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Eaalewood City Council
Mays, 1997
Paacl9
(j)uncj/ r,tcftlbcr Wll&()l!Cr aatcd he would say one ocher thias. that he~ tbialr. -~ a
commilmcnl fror,' •~• Museum of Ou1door Ans before we move IO<l w down Ille ,,_ad fi"\1 out.indeed
they do noc want to come to Englewood . Council Member Vonnittag agn,cd with lb -· Mayor Bums
nottd he ii very concerned on that score, bccolllO that if Ille dove loper we have aow la!iks II thi1, that the
chances arc be will not WIIII to go forward on a plan like thit. So, he noted, if be ii a&II, lhcrc 11\YDIOl'C
and the MU5CW11 decides to go so....wberc ebc, then we have lost on both ends aad -will be swtin&
over from 1wo and a balfycars ago. Council Member w_.,.r said 1h11 is why be a.inlts wc need that
double feller of inlcnt. Mayor Burns no1cd thal we can get soookcr.:d big time on I.bis. City MAnagcr
Clark advised thnt they spoke to them about lhe double le11er of inlcnt and thcy wuui4 prefer to wait until
Scpto01ber 10 r,ivc that to us. He swed we told them 1ha1 was unacocptablc and wt·-.14 mat a faster
time fran,e . Council Member Wi&gins said that ii soc:ms lllcy arc doin& a lol pf dic:lailw-City MollaBCf
Clark noted lhat they really feel it i• important on bolh of these issues, that they :uc \a}' cri~ and to
devote an evening to this wot.Id be well wonh ;L He said he lhougl:l lhc developer is looking to us for a
commitmcnl. but ti-at also wc arc looking 10 the Museum of Outdoor Ans for •-•IDICDl. Ho said lh,y
lltink llwl \le should al lca.sl have ar idea of projccl cost. financial rc,ums and so for.Ii. under bolh
options . Then the Council can direct staff lo whether 10 proc<cd w~ "e arc hc:adod or i!Couucil wants
staff to change direction .-City Manager Clark stated tha1 stalT's official position IS dicy ha\'C no
preference on either one. that staff will do wh::ucvcr Council wants . Tiw if Couucil ,wanu a Museum of
Ou1door Ans, staff will do cvcrytlung they can 10 make it work. Mr. Clorit opinal daal lhcrc arc some
groups oul lherc llc11 arc needing 50mc dircctioo and suO' would like to keep this pt:qjca rolling fornard
and it is a high priority projc:cl that "e dctennincd a courle of weeks ago .
Council Member Habenicht asked if lhe rcprcscn1a1ivcs from the Cultural Arts Comaniucc that first
brought forward the ccnncction bct"ecn the City and the Muscwn of Outdoor AIU <ODllld Iii ill oo that
portion or the public meeting. Mayor Bums noled it is a public meeting and a~ can sit in on ii.
Disc1wion ensued as 10 what she meant by sil in . Ms. Habenicht said she wanted! lhem to sit in on the
discussion portion of this wilh Council . Mayor Bums st.itcd he did oot th.ink ~ ~d invite c:crtain
people lo spc.'lk and olhcr> nol. Ms . Habcnichl said she "~ntcd them to participan:. ~-or Bums said he
de.cs not feel 1ha1 is appropri:uc, 1ha1 he re.ill y doesn 't He staled this is a serious cmnttcr fo r Council. sWI'
and these people 10 discuss . Mayor Burns stated he thinks 1hcy should ha\'c ei1bcir .a full dascus.c.:ion with
the publi c or they have Counci l discussion . But he dis.1grccd with in\'mng ccnam sc.lcct p:oplc. Council
Member Habenicht stated lhat is whal S1udy sessions arr about. Council Member Wiggi ns said that no it
isn't Mayor Bums stated th.111radi1ionally it isn 't. tlia1 s1udy sessions arc for a chwnce for Council to talk
10 staff and other guests and it hrum 't been a pub lic discussion . Council Member P.abenicht said she
guessed that what she was asking for was a couple of 01!1cr guests. since they inia:m.ed the contact she
thought it would only be an appropriate prolocol. Ma}Or Bums stated he is OOl ut favor.
Co un cil Member Clapp asked if Co un cil has other bo.1rd and co mm1s~1 r nc; come~. Mayor Bums said
they use 10 hnvc the whole board come and lalk aboul \\ h:11 they :uc doin g cuncn~ and so forth. bu1 then
Council put II on an as needed basis and since lhcn Co1111c1I hasn ·1 m~I "uh a1;:_. ·if them. He said he has
been suggcs1ing things like 01hcr cities do. such as L111lc1on. \\here they ha\'C;; ca::akfast once a month
"ith 1he h~1ds of1he boards and com missions :rnd have 1hcm highll glu wh :., tht.."" arc domg currcnt!y . He
though! the mayor :rnd maybe the co11nci l me111bcrs do lhal. He sa id 111,1}1:,,c thcy -=o uld do L'l.1t once .:i.
month or once a qu:1ner bcc.1usc he kin d of 111isscs 111cm. \\hat they arc doing. E~,cn thou gh Co uncil secs
I hei r minut es. Mayor Bums s.1 1d he lhmksj ust 10 say hello to !hem and s11 down and talk with lhcm is
helpful . Council Member Wa ggon er n01cd lh :u Council has one sc heduled w1tlt :lie Wa ler Board as an
example .
Council Mer. . .>er Habcmc ht shared 1h:11 in having s.11 in on a number of s1udy Sl:$S1 ons \\ilh Litllc1 on.
albcll a number or~c.1r 1go. lh.11 wh ocvc1 Co11nn l wa111cd to brin g 11110 a disauu.1o n when 1hcy wrn:
s1 udpng so mclhin g lhal wo uld mak e ii \\Onhwlul c. 1ha1 \\O uld add 10 1he d15CUS,.'S1on and add to !he mp ul ,
wns appropria1 c. She s.1 id she docs not 1hink lhcre arc an~ rJI s ag.1111s1 \\ho ~~•u do or do n't have come to
S...,.....OtyCouKU
Mai,•,5, 1,,7 ....
die..,._ ma llUdy salioB when it is something that is lmpor11nt Input Coondl Memt-er Wiggin, fl"1ed
IMl-la Weioh.
c-.i Member Vonnlmg aid anolher point too is that ifthinp don't work 001 with the Outdoor Arts,
11 .,_ Ille Cultural Commiaion people can hear what their demand! are for themselves what their
..--is a,e and irtl dncsn't happen II least they know what lhc demands wcte and why they dldn'I come
~ Ma)'Ot' Bums and C<Juncil Member WiggiM noted they can come iril is not an executive IOSSion,
11111 it is open to the public, anyone can come .
COONCIL MEMBER VOll!.oTf AG MOVED, AND IT WAS SECONDED, TO INVITE THE
Cl!LfllllAL ARTS COJltMISSION TO THE MAY i,ra STUDY SESSION.
Ayes : Council Membcn Vormittag, Habenlch~ Waggoner, Clapp
Nays: Council Memben Wiggins. Burns
MIiiian carried.
CflJ' Manager Clark swed they will s,nd a special invitation to the Cultural Ans Commission .
I~ City Atton,ey's Report
~ Attorney Brotzman dld nCM ha,-e any matters to bring befoie Council .
1>$ Adjoummcnt
MAYOR IURNS MOYJ.:D TO ADJOURN The meeting adjourned at 9:50 p.m. f -.
~f.9/4
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