HomeMy WebLinkAbout1997-05-19 (Regular) Meeting Minutes•
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I. Call t.oOnler
ltNGLIWOOD CITY COIJIICIL
ENGLEWOOD, ARAPAHOE COlll'ITY, COLO&ADO
lleplarSaoioa
May IS, 1"7
J f -, boo'ff J,:an 4
ftM
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The n:gular mccling or 1hc Englewood Cil)' Council was c:illcd.., onb by Mayor Burns at 7:53 p.m.
2, lavocatloo
The invocalion was given by Council Member Wiggins.
The Pledge of Allcgian::c was led by Mayor Ilium.
4. Roll Call
Prcscol:
Absent
A quorum was present
Council Members Clajlp Wigjar.. llabcaich~ WaggJ11Cr. Burns
Council Member Vonoiu•
AJso present Cil}' Manager Clark
Cily Allomcy Brotzman
Cily Clul< .1::llis
Mayo r Burns nolcd lbw Council Member Vonniuag is out vi """'1 m Cil)' business. He advised llia1 Mr.
Vormiuag is anending a shopping ccnler convenlion in Las V-:md he nill be joined by 0U1cr people
from 11,c Ci1y in 11,c next day or 1wo.
fClerlt 's note : The District I Council seal has been vacaat duc ID lllo r=II of Council Member
Ha1haw•y by a majorily of rhc vole a1 U.. January 14 . 1997 Ra:all Eloelioo. Allhe Vaca.ocy Election held
May 13 , 1997, Ann Nab,,.-,lz ""' elected 10 fill 11,c vacancy.)
5. Minutes
(a) COU!'iCIL MEMBER WIGGINS I\IOVED, A.'-» IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY 5, 1997.
Ayes :
Nays:
Absent
Motion carried.
6. Sch eduled '1i1i tor1
Counci l Member.; Wiggins. 11:ibonicbt. Waggoner. Clapp, Bums
None
Counci l Member Vo1miu.ag
(a ) Tom Wilson. Englewood School lo Carc,cr Pmgnm Coordin.110,. Slalcd he wanrcd 10
presc nr a brief pi c1urc of lhc Englewood Sc hool 10 Career i'artocnaop. He ootcd Iha! abou 1 Lil= yc.u-s
ago many bus inesses 1hroughoo1 1hc oauon were conccmal aboc lllo lack of prcparauon of young peop le
lallewood Clly Council
May 19, 1"7
h&el
who an, enlerins the labor fon:e Al i/,ln otW:ir col-£r/i: !lief lollbled €on,m:ss and both Houses came
together to pass the Schoo'l1loWclitc Ad of {993, 'He ~!clitalneil hltr!is ~'rt O ·1~1 it was funded and
states were allowed 10 write their own implcmcntalion grants for this prop0511I. Colomdo, he advis,d,
rccei.ed S25 million to extend over a live ycarpcnod and'we In Englewood came together with a
consortium of businesses, aacncics and educational institutions to fonn the panncnhip that we call the
Englewood School 10 Career Panncrship. Mr. Wll!.ln. •,..1d In order to give Council an idcl of the
magnillldc of some of the panncn who have panicipatcd with this. he wanted 10 name of fct• ,Jthcm:
Denver Options. Columbia Swedish Medical Ccnler, Inter Faith Task Force, Junior Achievement,
Dcpanmco• ofRehabilit11ion, U.S. West Communications, Norgrcn. Kaiser Permanente. Rx:lcy
Mountain News, Colomdo Anny National Guard. Banlc One and Norwcst Eank . He said thi, is jnst to
n.1mc a few of the partners that arc working with us on this ir.itiativc. Mr. Wilson opined that it is
imponant to undcrstllld that this is not a program. thal what they arc lrying to create within the
consonium is a mindset. pervasive 111titudc. that you don't just teach academic lhcory in the schools . He
pointed out there has to be some application 1ha1 goes along with that He said that. :is pan of this, they
have come up with a mission statement for their par1ncrshii, Mr. Wilson read lhc mission statement.
·n,c Engl,..'OOd Panncrship, through collaboration or commsnlty, business. agencies ilnd education, will
provide all youth an environment. opponunitics and cxpr,rienas. 10 in1cgra1c school based and work based
Jcaming. which will result in a successful sc~ool 10 carcc.-::>.nsition and preparation for an ever chaoglng
global nwl<aplacc." He explained that School to Career is designed to address students from th• age of
five throup twcnty-<>nc. all the way through college. They arc trying 10 do that through live rocmed
an:as. Tioc tint of these an:as is school based learning . He noted they want to align the curriculum "ithin
our schc,oJ S)'Slcm. so that the students understand the rolationship between what they arc learning, 10 the
real world of work. when they finally transition oct of school . He staled they also want lo offer a business
prcscncc in the classroom so that students get authentic information during the theory portion of their
learning and connection 10 the f9ct that it is trnnslatcd into business . Thr. second focus is work based •
learning. He. said th<y foci that cl assroo m lhca:y only goes so far in preparing kids fqr the real world .
They want them 10 ha\'e authentic experiences within lh. real work plRCC . He explained that as pan of
that they arc designing patJ'lways for students to get experiences throuth mentorships, inlcmships, shadow
programs and cmploymcnl with the various business partners wi'..h which they have connections within
the partncrslrip . The third area, he noted, is guidance and counseling. They believe that at all lel'cls
student! need direction to help them find the appl'O'~riate pathways lo gtt tc, •he career arcos that they arc
scck.ing. So . they arc preparing effective career guid.1ncc from kindergarten through twelfth grade within
our school system . He pointed out that many counsdorl' arc very good at dealing with the psycho-social
issurs and the scheduling issues of students. However. he nolcd. there arc very few people 1raincd in
career < 1W1SC1i11g and they feel this is an allributc that all of the counselors need in order to effectively
serve the students that they an: going to be working with . Mr. Wilson advised thal the next focu s of their
partnership is connecting activities . Ensuring that our studems. once they get into high school. arc able to
connect :o the appropriate p.1thways tha1 gels th em into the !raining. 1h:u prep.arcs them for the career that
they arc focusing on . He conunenled that they do :101 believe in putting kids in boxes at an c.1rly age and
saying. ok.ay. you 11rc going to be a fireman . yo,1 arc going 10 be a school teacher nnd you arc going 10 be
an electrician and so fonh . He said all they want 10 do is give kids information . So th.it they cnn make
effective dedsions and. when they nrc finally ready to 1r:msition. !hat we arc able to conncc1 them 10 the
appropriate pathwn.y.!i that mo\'c them in 1hc jircc1ion !hey arc supposed to go . Mr. Wilson slated th ey
believe all st udents. no maller who they arc. require some degree of education beyond high sc hoo l He
noted thC}· ha\'C been a bit incfTecti\'C in how they have dealt with that in the past. Like m.1 11y sc hool
dis1ricts . he s.,id . 80 0111 of every 100 kid s 1hat enter ninth grade gr.id u:ue from high sc hool. l.Jul ofth:u
8C01o we arc sending 60o/. to 10"/o to co llege . Mr. Wi,son pointed out thal if you think about Ilic fa cl th:u
or.ly 24 ¾ of those kids ever gradu;.1e from co llege . we arc not sure ti t.!! is money we:! spe nt H.: s1 ' •
t.hm after the year 2000 . 01,ly 20% of lhc jobs. 1hat arc going 10 be nvailablc in !he m:1 rkct rl acc. arc goi ng
to require 3 bacc.1laurc.1tc degree . The rest. he nolcd . arc going lo require som e de ,. 1-ce oflcchnical
;raining.. less than a four ycn r degree and these arc hi gh skilled. high pa yi ng jobs. So h~ ~id, the-; want 10 •
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Enalewood City Council
Moy 19, 1997
P1ceJ
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examine lhaL they want to make ltldJ -.,-l!ho facl that then: :uc other pathways they might want 10
pursue . He noted that is sllll a dccilioa .. ..,family. !bough, to decide which •dlrocuon lhe •U4lell needs
to go. He cxplai:,cd that when they t,epa _........., a year ago, with the planninR process , they
looked 10 ......i roaas gn,up1 to cxamiDe .,_--.....1\ng ud llleir buy-in to thc inihative that they
were proposing . He advilod lhllt Ibey-•--teachers, lludcnts. ciey baJCd organilJllions .
Ono poop, ho -.i. s-ned..,,.,.... ._...,. aboot t.avina an initiative like this in the
community and 1h11 was tcacbon. So. he...,• p•UCllutl, one af lhc r1111 croplwis lhcY have been
malang Is 10 pn,vide 11:adlers with_,. ....... illo•wl'al the al world is like beyond the classroom .
Mr . Wilson comnall:d that if )'OU thim MM....., lhal mosa rcachcl! gc1 OUI or high school, &Cl a
bacheloB degree and I teaohing ......... _._ they go Into the claslroom .. He Sllled thal they don 't
know what industry or the daily "'"'1acsl ....,..ia lik. So Ibey a-.! oppottunilies for the teachers
through• 011114-1 llM:y baveealitl" F ;I ;-tr lallit111e. They take IJIIUP'ofup to 20 tcacbcrs,
divide them into team1 oC five or iix a111hl,it,.,_ • to a --for lutlfa day. Following LIie
buslnea visit, the tcachrn are in__._... .. ___.., ol the day, to integn,IC the knowled&• that they
loomed fnlm these visits. Mr. wu .. ...._ .._ dloy have f'oulld after doing thr<e instillllca is that
tc:ichcn really didn 't undel1tand llle-illlll aelJlacal oo their grad.-wbcn they 10 iato the
world or wort. N,,w, he noted. there is a .-,.I nidl among the _,hers of Englewood aboul the fact
that WC need IC ter.h every Sludcnt kq~ TIIIII wort ethic is a critical isu: lhltl is n:ally not
taughL So . he noted. al an early •F lhc! -iJIDI ID Slart focusing 011 this . He said he would
particularly like to call lO Council is ........ ,-nicipatioa in Ibis dl'on on the pan of three City
employees. Fi rSI of all, he adoi!ed. An Sdlllli Ja ba:a on L'loir Slleering commluee, has provided some
great leadership Incl some c:onaoaioa ., a.,--. Radie Banhlome has booted one of their
Employability lnslllUICI and has dcae a -jot, with some teachers. And thirdly, ho noted, Hank
Long has recently joined their llOlllllrlJaL Sn. he said. they an: ,-cry anxious 10 continue this effort and
they appreciate the cooperation ofllle °'!'-
Mayor Bums rocalled 1fa1 not too long~ llio llleme 31 the high school was tl,at every student should be
prepared to go to coUcac . He noted that •-lite they have cbanged that coosidcrably. Mr. Wilson
said that he believes 1hal 1• ... 1 is i:uo. Ht~ OIi& dial they are not saying that they kids who don't go
10 college ne:d anyth ing ,ess !hon lhc ~1"' al'~ that the college students do. Mr. Wilson Slated
that they still hold them 10 the same SIDdanis that the distric: has for a guaranteed diploma aod they
would rry 10 ensure thal "ii students h:r•c hig,fta order math and science and reading and writing skills.
because tl10sc an: OC«lcd in all aveau,s ,o{ calDbOD. He commented that if Council has C\'er l111d tl1e
opponunily 10 visit a state of the alt•-IIM!dhaic ,a up, such as Ralph Schomp Automotive. who is one
of their paru.ers. the:) would be amazal • il!ICc:icaalioess of the environmenL the technology that is
ra:iuired and the degn:e of resourcing skillll,lihat are nocdcd by those 1eehnicions in order lo do their job.
Council Member Habenic~l ,,01ed that si,e hu5 ~ with Mr . Wilson, several mcclings with our
,mnufaourin g commw,ity that were Jimm:t' -.gll we City and Art Scibelli and our economic
neighborhood business group. She aslu:d Mlt Wilson if that is working well with what they are doin g.
Mr . Wilson advucd that ii is, that lilcc 8!' aclr organi,.at,on they have to be educated about the concept
and they have 10 be ,~own the bollom lia:: lie uid they l,avc 10 sell tlicm on what O,eir self inten:st
would be in being in\'o!vcd in this. Ht mad dial the self inlcrcst they found for the manufacturing
community is a better prcpatcd. mure cm,, :aca:ssiblc workforce. tluu is qu.1lificd 10 do the job in their
factories . He said ;, is amai..ing how-W ~ m¥e to go 10 recruit qualified hcl'>. Council Member
Habcnichl asked how far they ha\'C to go. Ma' W-l1sl.,.: :J:dviscd that they have It ~ ... as far as lhc Pacific
Rim in some instances .
May or Burns commcnlCd that it sounds lk,1JUJ&c a program . He thanked Mr. Wilson . on bchalrof
C;,unci l. for coming~ 10 explain this pnlg?:1UD and no(cd they look forward 10 more conlacts wi1h him in
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hp,wood Clly CCMlncll
~lay 19, 1997
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'/. Nell«lleduled Vlli :ors
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(1) Dn Roller1 Ohl-17'4 West Cow .. ;Llne Rm!, Lilllcton. lllJI'» hcpn,viokdc■c:11
Council member wuh I cumnt map of the prosress of' the Highlaadl Ranch e ::-_;,v,,rd. He aid llo ii
here 1<,nlght in an interval, u they may'""""· between the valuatiaa bc■riap ud coun pn,mlont wllicla
will l,. ongoing. He explained tfW the point ofhia attending the meeting tonight ii that be •v uw,in,d
to walk the new Highlanck 1al1ch Boulevanl and noticed ii is an outsllndiag and beaulif'ul boollcwnl. Ha
cpined that it 1, going to be a I.al advantage to the co ,nmunity and the city II tarp:. As be m:allal.
Council said in 1996 that HighlandJ Ranch Boulevard. and each improvement, will greatly callaace
Englewood'• ()IIJIJOl'ty acroa llom Mcl.dl■n Rcsavoir. ~ncl be laid, acconling to• THK lllldy,
Englewood parc,,is hove evolved into one ofDcn-•1 p·emierc l?llil coouncrciai real estate nwtieu. Or.
Ohlson comincr,tcd that in this COIISINClioll period it ha, been noliad thal this valualion. &eld tilJc Y21-
you have placoa 0,1 this, pn>bably llllke these parcels, at this time. wor1h IOIIICWben: in tho acigilborlload
of SIO a square fbot . perhaps half a million dollars in•• acre oCthls ground. He llat<d it will be ve,y
difficult in the nuwc for Council 10 anticipate an -hctic gift of this ground. But. he noted. in lludyutg
funher they will notice almost a mile from the call it begins with a parcel of marshy grow,d that..,.
belongs IQ South Suburtlan Partis. and progrossing west the next lalge pan:d of ground aming iDlo .;.,.-
on the right side of the map. belongs to the City of Englewood. EVCf)1hing nor1h oCthc Highlinc Canal
then bcaJmcs a very nltIICli-. regional partr . Dr. Ohlson llalcd the paiDI of paruclp. don tlioa iacioda
the owners of the Plum Valley Subdivision and tlic ncx, owner Is tbe City of EnglCWOO<. In tliis 11-gM.
he said. it would seem to him to be the appn>prialc time to uy 10 get this group of _le and _,..,.i;1111
distriCU togelhcl in order to coopcllte in a resolution that -.Id bring !Op:thcr a parlr. plan aod a -..,y
generous donation by the City of Englewood to this partr . He commented that he »wld hope Iha! c-.aJ
i.ill appnxiate the beauty of this road that they arc developing and that you will be able to praerve from
approximately three football fields, about 900 yards, south of 1he Highlinc Can.ii. He noted the view
bcg!ns to be very outstanding oC 0\-cr McLcilan RCR:rvoir and the park-like view on the south side o(u,o
reservoir, plus the western and somcwhal nonhcm ponion of tbe city a,,d looking directly at l..ollp Pcak-
Dr . Ohlson O))ir.cd thal ii is a truly oulSlonding opponuitity to develop" hat is an extremely vaksable piece
of propcny an<1 allow ruturc generations to appn:ciate II as an outstandin g regional park of a1.-a mile
in length from ca;t to west
(b) Marjorie Fitzgerald, 4~14 Sooth Ja,on Stn:ICI. stated she hns been a resident for almost
tl1iny years and she moved hen: just when Cinderella City · 1arted. Slic comincnted that sbc bas a fc,,,
thin gs she would like to remind Council of and some su~ons. Number one. she noted, trallic oa
Hampden has aill"Jys been a problem and it would seem to her 1ha1 they would wan1 to cut tbal down if
they could . Shes.a.id they ha\'C such a wonderful opponunil y lo do a lol for tJlc Ci ty right now NOl onl~
in changing this tra ffic flow possibl y, but in irnproving the Cuy. She commcnlcd that she knows Counal
has been working awfully hanl the last 1"0 years as she ha> bccn reading the Herald and she knows whal
all they have bccn doing . She said she is glnd that .ney have not rushed into tins decision. Ms. Fuzg,nld
suggested they put the bi g box. "ilClhcr ii would be Target. Wal-Mnrt or K-Mnrt. over at the General Iron
Works silc, as nc:,,r Dartmouth as possible. She said she thought th r.rc were about two ~ock.s of bouscs
that would separate it. Her suggesti on fo1 that. she stated. would be then Santa Fe and Broad'"")I would
both have access to Danmouth and you could have one way traffic going through 1hosc SlrCClS. She said
possibly I here could be four streets. but at least there could be two. and ma ybe you could ha• e foor o,
maybe you couid allcmnlc 1hcm so those people wouldn 'I have traffic all lhc time. She opined th.11 lhe
people who arc going 10 come on 1hc lig ht rail. which we arc fortun :uc lo h:ivc , arc not go,~_g 10 t.c
shopping nt a Wal-Mart or a K-Mart where they arc going lo carry a lot ofthm gs. lhcy ha\'c ll' come m
cars . Ms. Fitzgerald said th.11 she thinks we have toJ much parking lot rigl11 now. that ir v.1>Wd be n.ice U
they can cut 1h.,1 down . She stated she is also suggesting that "~ should lcwc a goal fo r a r,,.,, year plan
:md a goal fo r a 1cn year plan . Sh e said her suggestion is 1h:u 1hc Cit y Hall and L1bn i) arc rn an oid
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E■ ......... Ciiy~
May 19, 1997
P i:es
li-;nuo l ,1l l lmt.1n
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building and we ft.,....,...,. io be ..W•g 11,oul '-'111 lhcnijllll u IOOtl as Cindoltlla Cily is
finished, ifwc doa 'I tar.~ ii-· Ms. FilZgerllld said she would like lo""' lhc Library go in10 1hc
Foley 's tiuildlng and if it ioillo 111g put lhe Chf Hill In llleir ioo .' Bui , she noted, lhal would be, 10 her, a
1em1,oniry thing. The C., Baa aould goto 1Jie olhcrsiclc of Hampden near the Safety Sorvica oca1er
and that could pn,bably bril-ytar plan . And she stated. the five year plan would be 10 pul Ci1y Hall
where ydu hive to or nil lli,r h yean and G,cn nioYc City Hall . And , she said. her sugg,:&tion for lhc
area where lhc Cily Hall ... Libraly arc now is to put two Slnp malls bac~ lo back, One facing lhc Bank
One and one facing the PblllrMor Ccn1er, wilh enough space between for the deliveries . Ms . Fitzgerald
opined lhat lhat would ,,...lfticx: suip mi;lls . She noted she is not saying just what to do with Oill(lerella
Ciiy c.,ccpo she would lilu: 1111 a:e the Library in that Folc,'s building. She commented lhat she is,,.
opposed to a small lhcalcr, i;,111 she does not lhinit a large thcller would be good . She opined that witll •ny
kind ofthcaler we have""'"'"' gi,ing to have a bad clement coming from lhc rest oflhe Cily into lhat light
rail station. which wc nocdl1m aJIIIIOI. She said iflhc lhcatcr were smaller it would bo better c:onuolle<,.
St,c noted wc would have lblM more policc olriccrs lhcrc and maybe more policc officers as these
people would come in and linncb out into our City. She opi-1 that there will bc""°"lc who will come
for lhc purposes of robbery and other things and she lhinlts Iha! \\~ could control ii better. Ms. Fitzgerald
noted lha1 was aboat all sltr.....ecd 111 tell Council , bul thal she ""nted to tcll •lllem ,tbey r.re doing a good
job and she would like 111 _ _,,. ll8r1 on a me or a ICn y,,ar goal. She noted when tl>erc is an election
lhal might be an incen1i,o: mpcoplc to reelect Cooncil and if whoever goes in next likes that goal. if it is
a good goal . lhey will 1-iii all will try to ,any on .
Commaaic:atilall.. l'lnlclamalion1 ud A.ppoinuneatl
(a) A pradilaa■tioo declaring the wcek of May 18 through 24 , 1997 as Bmergency Medical
Services Weck was aJlllill:lmd.
COUNCIL MEMBER IIASENICHT MOVED, AND IT WAS SECONDED, TO PROCLAIM THE
WEEK OF MAY II TIDOIJGH 24, 1997 AS EMERGENCY M'EDICAL SERVICES WEEK.
Ayes: Council Members Wiggins. Habenicht . Waggoner . Clapp , Bums
Nays: None
Abscnc Council Member Vorminag
Motion carried .
MaJor Bums prcsen1cd !be j!ll'DClamation to Fire Medic Andy Fox .
(b ) S"""""8 un of newly elcc1cd District I Ciiy Council Member .
(i) 1!,ffnyor Bums asked the Cily Clerk to re.id the name of the ncwly..:lcc1cd uty
Council Member . Ann Nafifimlz was announced as District l City Council Member and she was then
sworn in by lhe Honorable uis Parkinson . Englewood Municipal Coun Judge .
(ii) Cta UDCII Member Nab holz was scared in her 1emporary sca t. nfler which the
City Clerk called tbc roU. wuth tbc following resu lt s:
Pr=nt:
Absent-
A quorum was -orcsent
(iii)
exists .
Co uncil Members Nabholz. Clapp . Wi gg ms. Habcni chl. Wa ggo ner.
Bums
Council Member Vom1i1tag
~uyor Bums said he would like 10 keep !he scat mg arran ge men t as it c11 1 rc n1l y
llafewood Clly CtM1ncU
M ■y 19,. 1997 , ... ,
(iv) Cclwl(il Member Nallltolz introduced lillnily ......,. _..,...._
(Y) Council llljouracd" 8120 p.m , ror a brief n,cq,cloa. -iaa 111 l :•f9 p.m.
with six council members praon1 and one eblcnl · Council Member Vonniall,
Mayor Bums congratulated Council Member Nabholz and welcomed bcr ID IIIO c-.1. lie nou:.:I ii W8$
a pl_,. ID meet her ramily and friends.
9. Public Hearing
No public hearing wu scbeduled bdoro Cooocil.
(a) Approval of Ordill8ll'lOI on First Reading
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED. ·co APPROV:1:
CONSENT AGENDA !TIMS 10 (1) (I), (Ii), (lll), (Iv) Md (V) ON nasT llEADL"G.
(i) COUNCIL BILL NO. 49 . :NTRODUCED BY COUNCIL MEMBER
WAGGONER
A BILL FOR AN ORDINANCE AUlllORIZING AN INTERGOVF.RNMENT AL A(;REEMENT
EITTITI.ED "UTILITY PROTECl10N AGREEMENT" PERTAINING TO MODlflCA TIONS FuR
1liE SOUTHWEST CORRIDOR LIGIIT RAIL PROJECT. BETWEEN lllE REGlllNAL
TRANSPORTATION DISTRICT (RID) AND 1liE CITY OF ENGLEWOOD. CTltORADO .
(ii) COUNCIL BILL NO . SO , INTRODUCED BY COlJNCIL MEMBER
WAuGONER
A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. JJI TO THE SOIJI'IIGATE
SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH 1liE CITY OF ENGLEWOOD.
COLORADO FOR Tiffi INCLUSION OF LAND WITHIN 1liE DISTRICT BOUNDARIES .
(iii) COUNCIL BILL NO . 34, INTROD UCE D BY COUNOL MEMBER
WAGGONER
A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CIT t OF
ENGLEWOOD. COLORADO AND SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1 FOR
MAINTENANCE OF SEWER LINES OF THE .')!STRICT LOCATED WITI!lN THE CITY OF
ENGLEWOOD BOUNDARIES .
(i") COUNC IL BILL NO . 37. INTROD UCED BY COUNCIL.MEMBER
WAGGONER
A BILL FOR AN ORCINANCE AUlllORIZ ING AN OIL AND GAS SURFACE OWNERS
AGREEMENT WITH UNION PACIFIC LAND RESOURCES CORPORATI01'. ""° EASEMENT.
RIGHT OF WAY . SURF ACE USE AGREEMENT WITH HS RES OU RCES A~1J ~ LETTER
AGREEMENT WITH HS RESO URCE S
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Mai,•n,1'97
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(v) COUNCIL BILL NO . 48 , INTRODUCED BY COUNCIL MEMBER
WAOOONER
A at. POil AN ORDINANCE AMENDING THE OOLF COURSE RESTAURANT
OJNCJ!SSIONAIRI AOREl!MENT BBTWl!EN THE CITY OF ENGLEWOOD AND JOQ CORP.
Ayes:
Nays :
Ablat:
MoaDnc:aniod.
Council Mcmben Nabholz. Wiggins, Habenicht Waggoner, Clapp,
Bums
Nooe
Council Mcml>er Vormiuag
(b) Approval of Ordinances on Second Reading
COIDiCU. MEMBER HABENICHT lliMOVED AGENDA ITEM JO (b) (I) FROM THE
CONSJJ:NT AGENDA.
COOiCU. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
C0!61:NT AGENDA ITEMS IO (b) (II), (Ill) and (Iv)· ORDINANCES ON SECOND READING.
(ii) ORDINANCE NO . 33, SERIES OF 1997 (COUNCIL BILL NO . 33,
INr1IODUCED BY COUNCIL MEMBERS HABENICifT/WIGGINS)
J I
~ ORDINANCE l:STABLISlilNG A TEMPORARY SUSPENSION OR MORA TORJUM ON THE
ISS\JANCE OF PERMITS AND TIIE GRANTING OF LICENSES FOR THE PROPERTY LOCATED
BE'iWEEN YALE ON TIIE NORTII. DELAWARE ON THE EAST , SANT A FE ON THE WEST AND
DARThlOlJTl! ON THE SOUTH . FOR A PERIOD OF EIGHT MOITTHS .
(iii) ORDINANCE NO. 34, SERIES OF 1997 (COUNCIL BILL NO . 38.
INl1IOOUCED BY COUNCIL MEMBER WIGGINS)
AN ORDINANCE CREATING PAVING DISTRICT NO . 38, IN THE CITY OF ENGLEWOOD .
COl.ORAOO: ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING .
CUJIB, GUTTER. SIDEWALK. AND STORM DRAINAGE IMPROVEMENTS, TOGETHER WITH
NECESSARY INCIDENTALS ; AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH
THE DISTRICT .
(iv) ORDINANCE NO. 35. SERIES OF 1997 (COUNCIL etLL NO. 39 ,
INTitODUCED BY COUNCIL MEMBER WIGGINS)
AN OitDINANCE AMENDING 1111.E 5, CHAPTER JC , SECTION 3, OF THE ENGLEWOOD
MlTh~CIPAL CODE 1985 WHICH PERTAINS TO POSSESSION OF INTOXICATING LIQUOR IN
PUBLIC.
Ay~. Coun cil Members Nabhol z. Wi gg 111s, Habcn1clu . Waggo ner Clapp.
Bums
Na ys: None
Absent Coun cil Member Vonnitta g
Mccoo earned.
E■s!nood City Cou■cll u J, :l b1•0 .,,l,1t!
May 19, 1997 ,.,. •I (&ff
P1p8 •J;t l'
M' ) ( JI': (I
(I) Coucil Member lllbenlcbl .-........ IMI thl1'bc palled bcc:alllC of oac
of lhc thinp that cl1imll lnoopl to llet lliealion ud *,.... ,_ dlly b■d diKaMcd thil Id lime,
She said. ia mcnnce to some dilcuaion lasl time ud ill Pins • -!bough~ she is really concemcd
aboul the flCI that if somdlody comes inlo lhe Utility, after buyiq. a home or• business from somobody
who hu not been in 1he Utility. thal they Jia\,c to do n>o ,..._ Olio ii to bring the propeny up 10 1he
Ci1y S1andard and pay any back amounlS that have ever aanal • die Utility . Ms. Habcnichl opintd
1ha1 i1just doesn 't sound fair, that iljusl doesn 't sound rigk -•IIIIIOII sounds liltcadouble kind of
jeopardy lo a new propcny owner. She said sbc dlinks ii ,...IE_ or the o«her. i.aasc al this
particular poinl in time, lo enlcr lhc Utility you need 10 briag ,--pn,pcrty up 10 the City SWldanl. That
is why we had the concr<te districts up 10 1h11 point She -that ii ,ccms it just should be either
or, nol bo«h.
Mayor Bums askcil, Iii I poinl u elariflClliaa, i!lhe -_._ lO brillg the COl1CRIC up to City
Slandard or only if ii has been designated lo be broughl up lO ~ srandanl. City Anomey Brotzman
staled thal you would have lo bring ii up 10 City standard. i. if .oing is wrong with your concrote and
1hcy drive out thclC and nollling is wrong MIii your concn:1<. ~~ MIiiing is wrong .
Mayor Bums asked if there was a notice provision in here liar if you sell you havr lo notify the buyer of
lhc rcquircmenlS of the concr<te district. City Altomcyllrol,-....... lbal ifyoo opl 0Ul oflhc diSlrict
1ha1 is recorded. so the tille company should pid< that up. W.,.Bams said lhal was his poln~ bccau,e
then if there is an e,,pcnsc. if the pany buying wants 10 joi.a 1111:y an negotiate 1h:11 ns p.in of 1hc p111th:lsc
price. II is pMt of lhc bargaining for the p111thase. He ~-11111 11m was his concern , whcll>cr
there would be notice. whether 1hcywould be fully aware _11,oy....,.. buying the propcny. of the
requirement.
Council Member Habenicht said it seems lo her that for~ coming in new there should be an
option . Eilhcr they could bring it up to Ille City Sla.'tdanl o, JII! ibc bad< dues. Mayor Bwns noted il is
the same thing, bcc:msc if you arc pa)ing the $25 a year o,-. yuu may have only been paying lhat
for a few years. it is not all that much. but it is a way or gcamg JQUI' concrete repaired withou1 lhc large
outlay .
Mayor Bums asked City Allomcy Brauman, if you arc coming .. ud iour concr<te needs lo be broughl
up lo City S1andard and you pay the back ponion. who pays for tk_,adc. 11131 actual cost of the n:p.iir.
Mr . Brotzman exp lained lhal you would ac1ually pay for the n,paar and then p.iy for the back cost He
noted th.it you could do one or two 1J1ings. You could pa) ror tbt-,qwr and you arc done and you have
new concrete and you don't have to ope back in . Or, oocc )'W lnag your concrete up. you now have the
decision . just like al the beginning of the program . Yoo cu Ollli!act into the program or not.
Counci l Member Habenicht norod ti t that is the pan tb:lt szemsomfllir. i, Uuu ifrou come in nnd your
co ncrete is not up to standard and you repair it . then you h2vc tcJpa_ all the back dues plus all tJ1c forward
du:s. She emphasi zed th.111h.11just docs not make se nse to ta:i-Couoc,I Member Wiggin s noted 11 is not
forward dues , it is just all Ille b:1 ck dues 10 bnng 11 up . Counal \!lanbcr Haben ic ht s.i1d whalever you call
them .ind noted thtll he is right
May or Bum s expl :un cd I hat it me.i ns the next lime whe n J'CXl ac:cd repair then )OU \\1II ha ve paid 111 th e
re gular du es and yo u won't gel hit with the whole cost at ooc:c.. JO U WJJI be part or the program
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E■al<wOCNI Cky Cou11dl
May 19, 1"7
Pap9
n,11, l -,H) l>oo'ft l:fu 4
•' I ,ti ,rt.
1J ""
COWICiJ ,...-WaUoDU llid he feds lllclc aJC proliabl> '"'!'Pie 1)1 lhinp Illar lj'Ollld >ddras lhal. He
referral C-.1 ro lhcir dllalaioo IO\'Clllj yqan qu. when lb.) """' looltlna for another~ for
n:placina COIICl'Clc. He noted lhcy said lhcy had • couple ycan ro ao 811d all thc concrete in Eaglcwood
woold be bnlaabl up 10 a SWldard . And lhar is when Ibey would hopcllllly chanac and provide a dllfcrenr
method. Mr. WaBBOocr poUIICd 0!11 lhal we have finl&hod rhosc •~ ycors and now cvcrY)/1il11 sbo)al~ be
up 10 lllandanl. Now if IOIIICbody opU OUI, and durilla 1bc in!crim rhcir concr<1c aocs bad, then: is no
n,ason wily dloy should nor have ro bring ii up lo ~ndsrd and lbc"' is no n:ason, even if you caill ii a
penally, wily •hey should oot have ro II" back 10 lhc bepnnins of rhc proanun, in order 10 buy into the
program , becauc ii is so reas,mable. He opined lbal Ibey should have IO do that. In anolher for instance.
be said. if IIOIIICbody """' IO move illro lhc Ciry, buy a home and lhc pn:viou, owner had op1cd out, lhcy
an: going ro .. &Qliare wh.1 I, &<>Ina 10 have 10 n:plaoc thc concrete. Probably, be noted, ii is goins robe
lbc seller, iflllc JIii)' is prcuy shalp. Then they eithc r don'I come into Uie program or rbey still opt ouL
Bur, hosai4, if they do come inlo the program, u Mayor Bums said. Ibey an: pa)ing ,cry liuJc . They
should haYO ro go back and pay from rhc lqinnin11 so lhat is lheir insurance. He not"'1 rhal it seems fair
to him .
Council Mcnbcr Clapp Slllcd 11131 she docs nor think die amount 11131 somebody pays is tbc issue. She
opined 1h21 "8)1ime you an, aoina backward and bavins 10 make up bock paymcnrs rben Lba1 is a penalty.
Mayor BUIIIS said tbar ho looks at ii as the insurance for lhc nexr n:pair in lhc fulurc , rbat it is DOI n:aliy a
penally. He a,mmcnlcd tbal you arc building your accounr, so 10 spc:lk, so rhat the utilily irscl(doc, the
repair the next time it is dooo.
Ciry Allomcy Brotzman llid to n:mcmbcr lhar when you arc bnnsing your concrerc up 10 standanl that
you an: prollably not goina 10 be replacing all oflhe concn:IC in fronr of your house . He noroo you an:
probabl1 gDiag lo have lo replace ooc aud there arc going to be others there. So. h, said. when you arc
calching up, you arc basically doing rhc Christm.15 fund for Uroi,c or her slabs 1ha1" • still in frolll of your
house . Maror Bums commen1ed 1ha1 he 1hought Director Esterly poin1cd lh,'ll out nt ll1c last meeting .
Council Member Habcnichl stated she docs nor really have a problem if somebody has not bccu in the
program. tbar theo U,ey wan110 come in lhc program and Uicy have 10 make ii up for all rhc ycao, lhat
U1cy ha\'co'L She nolcd lhat she is also concerned 1ha1 we don't ha,·c some son or guarantee. rbal when
somebody bas rhcir property repain:d by lhc program , that ~,cy don't have 10 continue for a certain
number of year.;. Bccau,c, she said. she is concerned about people gelling their propcrt) repaired and
then dropping oul of the program and then we arc goin~ 10 end up with no program for tJ1e la:., few
people. like a pymmid scheme . She staled she is concerned aboul 1ha1. Those an: the rwo pieces. ,, .•
nored , lhat she is concerned about Also. she said. she doesn 't think we will have people willy nilly
changing cnmcrship all 1hc time and tha1 you would ha\'e 10 make sure ii was a bona fide real estate
transaction. Bui, she noted. it just doe.~n't seem righl 10 have somebody come in new and be obligalcd m
the back. Whether it is somet hing ncgo1iatcd al the poi Ill of sale or not Council Member Habenicht
explained that those arc the two items , that when citi 1.ens question her about them. she cannot answer
those questions . She said she canno t answer 01.11 question and she cannot answer the question of what
happens if you arc number one. and $500 ,000 worth or concrete is done and all those people say okay J am
not going to be part of the utility anymore . Because all of a sudden !h ey have goncn their concrete for
nothin g. maybe nol even ll1c first S25 . and 1hcy have dropped out She opined th.11 we have notJ1ing to
prolcct those who arc al the end. who have the better concrc1c right now or who just had their concrete
redone. Ms. Habenicht reite ra ted that those arc the two qucs1jo11s she ca nnot answer and that is why she
is feelin g uncomfortab le.
Mayor Bums said he 1hough1 Din:cror Esterl y addressed the idea U1a1 you gel ii repaired and then drop
ou t Ci~ Auomcy Brotzman e.x pl ained that it is just like opting out at tJ1c beginnin g. th.i t this is suppose
10 be for the lifc1imc of your conc rcle . Part of the insurance on lhi s again. he s1a1 cd . is jus 1 like Director
l•alewood City Coulldl
May 19, 1997
PaselO
IJ no,,) {ti> ~,,vw I• n f
.. ,..", t• (.1111
,. !'J~.t.;'I
Esterly commented. ltiat .-.. ... ·1 all p t.i in n,,111 of year i-all a1 once. Thi• 111111mlco. or
Chrisuna; alb accoam ,au•--. ■p, ii ball of yau, C1111Creuo and that 1, a much lonae, Procell
and ii goes bed, not iii toplhlr. 1111 • ...,.,,wees. ,.
Council Memller Wigins ~ if,..,.. M.e COIMlllnU willlin lhe an,a hi ""'ch lhey buy. and lheir
convc11111u n:q,Jlre'I certala -fl/ ..........e poymeaU. and tr 11,ey become dclinquent •ot1 !hose
and Ibey sell, lhal is negolitletl ill 1M IOllhlg fflll esllle agreement. Sly lhc QIIM!MnU AY yoo owe
$2000 in beck pl)lmenu oo lhaie ... ,... ca,,·1 sctl Ille !louse unlil you bring ii up lo standard and lhen
you art going lo haw 10 conlinae II>,.,, Oil. If<, ltlkal City Allorocy Brotzman if lhal is standard
operaling procodun: in real-. 1!11:. 8ramnan said yes . Counctl Member Wiggins polnud out lhal
you buy ""'81 you buy. If :,oa bay ii aail ym"11on 'I like lhe !Kt I hat you have ID pay back tM> years. lhe
$200or$40011111 Ibey ha\'cn't paill-,-don'I bay Ille house. mo,,: on . Council Member Habenichl
said lhat answers Ille one q--. • ii doelD'1 ans;,cr Ille other. in lcrmS or people dropping 001 a.lier
1hcy have 111d their concrete.......,._ Mayor Bums said be lhlnks Ille poinl again Is tlia1 ii is not •II
repaired at once . Ms. Habcnichl said okay .
City Manager Clarlt noted 11111 t!,c-..,_ ill Section 12-41-11 (A), which is lhe ,ectlon he rell Council
Member Habeuichl -rcfi:rrillg IQ. tllla 1h11 "eligible propeny ownm shall be nllm,,:,t 10 derer
payment off'ees until lnlllllorrl--.hip ID another person . All haclt fee,. plus inlerest al a rale
dclemtined b\, Council ,...;-sull become due and payable wit111nnsrer or ownerahip." Mr. Clari<
asked City Auomcy Brownan iI. aader llw Council resolulion. 1ha1 n:sponsibllily could go back on Ille
seller and ir so. whal lype ol D0lific:ltioa proca!SS would be necessary 10 put sellers on nolice. Cily
Auomcy Brotzman staled 11111 ....,._ r<a>rd lhis document as pan of 12-41-12 . the tille company should
pick lhii: up. He pointed • that. if ,au doll ·1 do due diligence when you pun:hase a house. you are not
going IJ find some oflhe enon i1t * title. so you may miss that. Bat. he advised. Ille theory is that 1his
will show up on any tille policy ym purdme whet, you are buying• house . This will pop up and ii
should be negotiated 11 closing.
Cily Manager Clari< offered lheeampleolifhe were to build• new house nnd he has all ncwconcrcle .
He decides to op( out or lhc pn,graa. becalle he has new concn:1e in rron1 of 1hc house and he keeps lhe
house fur 10 oo· 15 years. Then. lle.....t. uderlhisprovision. since he opted 001. he , .... Id be
n:sponsible for all lhe back fees. fwthose 10 or 15 years. Cily Allomey Brotzman SU!lcd 1h01 is corrccl or
you ncgotin1c lhal al lhe time of dlosing. If you don'I wanl lo pick 1h31 up and if you ca n make lhe
argumenl al lhe closing lhat Ille aimorete os reall y good and you don 'I really have 10 porticipa1e in lluu
program . you won'I haYc lO do tbm.. Mr Brotzm an stated ii is a matter of ncgot iRlion nr 1ha1 poinl
be1wecn lhe buyer and seller.
Council Member Habenid!I IIOIOd"" that poinl you also have 10 bring lhe concrete up 10 Ci1y s1nndards .
She slJllcd thal is where she is qu<Slioning lhat ii is a double jeopardy kind or thing . She coonmenlcd 1hn1
she is probably using Ille word .._-oprialdy. When you start doing lhe $25 . you are in essence starting
from 1he poinl where everyone,..,. eqnaJ fooling . One or lhe other seems fair. she staled , but both
doesn 't She opined lhal it doesa'h ttm w r 1hn1 lhey have 10 bring ii up 10 Cily stnndnrd at 1ha1
panicular lime and pay the bade th:ng to -:ont inuc in it. Ms. Ha bcnichl insisted that i i docs 1101 seem fair
that they have to do both . C Member Waggoner nolcd that that 1s laicr on !hough . after ii has
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already been in operation. Yes. Ms . H3bcnich1 s.1id . it doesn 't see m fa ir . Up front . Mr . Waggone r suucd.
yo u don 't have to do that you at:k:r opt m or yo u opt out . So . he noccd . if you Sinn your payments from
that dale. yo u arc buyin g a kmd cd msuraocc and yo u arc helpin g fund all the co ncrete repl ace ment for
toat year and fo r years 10 come i.a. :i.he Cit) Co un ci l Member Waggone r runhcr ex plain ed that ,r
sowcbody oplS oul e,·en lllough l:J< roncn:te may be all ri ghl tod ay and he oplcd out. somelimc in 1he
fulurc hi s concrc1e is going to goilbad. At tJiat time he is going 10 have to bring that concrete up to
standard , because he let it go aadl 1hc didn 't buy thi s insurttncc . he opccd not to. So he still has lo buy In s •
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111 ..... ood City Cauacll
May 19, 1997
Pa111 t1
00ncrc111 and I.bell in prder u, ~,all or lhc C9DC~ "Ill has 10 be rq,liljOd be bM IOI 10 buy baclt iaJ
the program at the same I'll< he would have pald . Mayor Bums noted he dotsn 'I baYC to dq ~ lllc:J •
1101 ron:cd 10 pay bolh, they can pay just the 00ncrote and stop, they do not have 10 join lhc pn,pam.
Cowxlll Mpaibef )WMF.')Cr a.,..i 11'!'1. DOl,cl he c,r fi~ ljil po~ Jll)d qlljt.,.i'lf\ stay 1>111 oC ii.
Council Member Wiqins said Ms. Habcnicht's example is the one that wants to join lbc prognm -kls
to bring ii up IO !landards and he DOied you might find somebody that WOIIII IO do 11111.
So, Council Memi,cr Habenicht said, what ir the seller is some unscrupulous. awful person who Sl)'S ~
arc never aoing to pay anything and he has ten ycan wonh. Then. Council Memllcr Wiwns IIOICd. ta..
buyer beware . Ms. Habcoicbl wd okay the buyer beware says okay you a,e going IO have 10 pay me ,. •
that and 1hr. buyer says okay I will pay you up to that and I wiU give you S225. Thea -JICII' tbc Ci&J•
00IIICI by and Sl)'I all ri&hl you have 10 bfiJ'\I this up IO Slandlld and ~ for ii. Bui ho 11)'1 IIO, I bcloa&
10 this. because I pald for it at the time ,or the lhilJI. A~ we say no, you mi&hl baYC paid ,. ~ lhzt
might have been part or your deal and it sort or ""rted against you, but now you have 10 do ballL Ms,
Habenicht rciter.ucd her feeling that ii d.iesn 't seem right. Council Member Waggoner explaiad lbal al
the time they join, or opt in again . they hnve to pay for it at that time, they can't wait anolher ,~ -
then decide they want ii fixed.
Council Member Clapp said, what she is having a problem wil.b , is that she does DOI.know of aay
insu111ncc plan that operates like that. She notcc that if she goes out tomorrow. shopping for aulOIIIObil<
il\SUlal1CC , if she has a huge dent in her door. they exclude it, they don't cover it. She said she can buy
in to ~,e program, but they won't cover tls11 dcnl. Ms. Clapp said shouldn't lbc concrcll: program be I.be
same. She stated we could say okay we will go ahead and take you from this day forward . but yoo ha,-e
"'" blocks that an: in pretty bad shape. we an: not covering those. you fix them and then you an: COVCRrJ
from this day forward . City Attorney Brotzman explained that if you have health insurance and you opt
into health insurance a year later. you nrc older and your insurance rates are higher because youjua opt;xS
in . He pointed out that our rates arc the same. that it is based on square footage . Bui . he noted. if )'00 are
buying life insurance at 30 yo ur rates arc much lower than at 35. So, be stated. what this is sa)m,g is we
are going to charge you the same rate no ma11er what, but we are going to make you catch up .as tf you
"~"' paying since you were J O. So, Council Member Habenicht said. if you do that to c:uch up then u;,
new owner docsn 't have to pay for new concrete . City Attomcy Brotunan said no. you still h.n-c to do
both parts. Council Member Waggoner noted that irthe payment$ arc up to date at the time tlw you bu)·.
yo u don ·1 have to do anythin g. Mayor Bums 00mmcnll:d tliat if two years later you liave probleats you
won't need to do anytl,ing. because you arc in the program and the program will repair the concrete.
Council Member Waggoocr noted irhc is paid back to the beginning you can get it done . Bu~ he poU!llO:I
out , ir at the time of sale you opted ouL you will have to decide who will pay to bring it up to swxlard amd
who is going to pay tJw: b.1ck charges on the concrete utility. lnat is done at the lime of sa le. that ru the
time of sale if the buyer says l want that concrete up to standard. and assuming tlw:rc isn ·, any lha.t has ttD
be fixed . the guy sa ys I want you to pay the back utility so th.11 I can be in the progra m. He pa)S Lhc back
utility and ir three years down the road his co ncre1 e fails. then 1he City is going to fix 11 . He 1s not going
10 have 10 bring it up . because in the ~,le agn:cme,u he has al ready paid the back cost.
Mayor Bums opined !hat. as you lhink throu gh it , it is basic.il ly fair .
Council Member Waggo ner co mm en ted that 1he only lhm g you bnn g up that prolnbly isn ·1 fatr. but u.
will be furth er down 1he ro.1d. is if so mebody ge ls their co ncrete ri xcd .ind lhcy decide lhC), arc way ahead
of the ga me :md they opt out , 1hen lh c guy who s1m owns 1h;i1 when the co ncrete goes bad has go110 ~
to bring it up Lo standard. And. he pointed oul , th ey have 10 p..1y from th e time he opted out . up to that
point. 10 gel back inio the u1ili1 y. Th.11 . he no1cd. i.!i i1.1l1.1t they arc not go in g'• sec and that is "hen it tS
E.....,_.CkyC-8
May It, l"1
hccl2
ftJRUO) ntJ t11}1) ,r :.,1!,n"f
H 1 l ,fll tdl " ,~.q
aoin1 ro lmft. BIi .... Ma,ur-B111111 DMf. Ibey can repair and not .,jl, the. prdpin\.' Council Member
w....-llidlllltliulak • 1 '"
1
COUN<.U MDmalWIGCIJilS MOVID, AND !TWAS SECONDED, TO APPROVE AGENDA
ITEM lt(')(I).
ORDINANCE NO. llfi. SERIES OF 1997 (COUNCll. BILL NO 14, nmtODUCED BY COUNCIL
MEMBERS VOii.MiTT AG/HABENICifl)
AN ORDINANCrCIIEATINCl A CONCRETE lll'ILITY AND CONCRETE UTILITY ENTERPRISE
FUND Fell 1111! CITY OF ENGLEWOOD, COLORADO. 1llE PURPOSE OF nns ORDINANCE IS
TO PROl'l!CTTIEl'UBUC Hl!AL1lf. SAFl!TY ANO WELFARE AND TO COMPLY Wl1'R ALL
APPUCAIIU! l'!DEltAL AND STA11! LAWS wtDCHRl!OULATE 1llE CONCRETE UTIL!TYBY
CREATING 1M TnU! 12. A NEW CHAPTER 8 -CONCRETE UTILITY AND CONCRETE um.rrv
ENIEU'lllSE POND.
Motion carried.
Council McmbeB Nabholz. Wiggins. Habenicht Waggoner. Burns
Council Mar.bcr Clapp
Council Member Vonninag
(c) llanlutions and Motions
TilCfC ~ a-;, n:::mld;ion.s or motions submitted for approval .
(a) ~ of Ordinances on First Rcoding
(i) City Manager Clart pn,semcd a recommendation from the Ciiy Manager's
Office to adopl a llilll for an ordinance authorizing a Property Transfer Agn:cme111 between Cindcnnalt
Associates and thc Ci1y of Englewnod far the Cinderella City site . Ho 3dviscd that Council rtViewcd this
at Study Session !:Bl wed. He noted the agreement and al' exhibits. except for one. have been incln1cd in
Couocil · s padtd. Mr. Clarie Slated that it w.,s decided beiwe,n the two panics to delete lhe
Environmental Sbmdards exhibit and that ,.;11 be done within te,, days of the approval of lhis agreement
by both panics. uH ddition. he advised. our rc:iJ estate counsel. Mike Miller. is available tonight in case
C-OWICil has additional questions wilh regard to lhis agreement . City Manager Clart stated they arc
recommending Coumcil approve this on first reading and then lhcy will bring it ba.:k on second reading at
their next mo:tillg-· June.
Council Member -aggoncr questioned when we 'Aill sign the agreement. if it nill be :lfter tJ1c second
reading or JO chys .after it has been published . City Anomey Brotzman stated tllat Mayor Burns may
actually sign it cad.icr. but it becomes cffccthrc 30 d.1ys after it is published . Mr. Waggoner asked when
Cindcrmak Associancs bas to sign it. Mr. Brottm3n ad\'iscd Lhar th:u is re.illy up to Council and
Cindcml3k. Coumoil Member Waggoner asked if Council should not specify the time 1,psc. between lhe
Lime Council appn71,ies i1 and signs it that Cindenn.U has to approve it and sign it. Mayor Bums sa id we
could. that be pnsmmcs the ncgoliati ons an: far enough along where lhat 1s not a problem . Council
Member HabcmdMt commented that City Auome,· Brct1.man has lold Council in the pnst 1h:11 he tries to
bnng thc:m 0\-erytllung that has been signed ahead of time . before he would ask Council to si gn it . City
Allomcy BrOIZJDWll said that is comct Ms. Habenicht said thal maybe tls,t needs to be 1he case before
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E■sJewO<Ml City CCN1ncll
May 19, l!197
Paicet3
this is approved on second ~ng, 1ha1 ii be signed by them. City AIIOnl<y -advised if Ibey
would like 10 do 11181, 11111 ii Is Olr normal practioo, Coua.:il Melllber w.--...a dil! IOUP!lo liloe 1
good deal. Coum.il Member lflboaiclll 111d Mayor Bllffll apad. Ml. Hamidll alllll illhal hu robe a
molion . Clly Allomey Brotzman advised lhat i( Council pusa ii on lint,-.. it is. wilhoul 1111
modilicalions, Ibey will not brina ii blck on second rmna unlil ii is sipod.
The City Cieri< was asted lo retd Council Bill No. S2 by lille:
COL'NCIL BILL NO . 52 , IN11(ODUCED BY COUNCIL MEMBER WA~'ER
A BILL FOR AN ORDINANCE AUTHORIZINU A PROPERTY TRANSFER AGREEME NT
BETWEEII CINDERMAK ASSOCIATES AND 1llE CITY OF ENGLEWOOD , COLORADO.
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDl:D, TO APPROVE
AGENDA ITEM I I (1) (i) -COUNCIL BILL NO. 52.
Motion carried .
Ayes : Council Members Nabholz. Wiggins. Habcucbt Waggonc,, Clapp,
Bums
Nays : None
Absent Council Member Vormillag
Council Member Waggoner said he wanted lo clarify that tl1is will no( come back lO C<iu.ncil for second
reading unlil ii has been signed by Cindermak . Cily Allomcy Brolzman w.A<d that is COm:cl.
Approval oC Ordinances on Second l,eading
(i) COUNCIL MEMBER WAGGONER MOVED.AND JTWAS
SECONDED, TO APPROVE AGENDA ITEMS 11 (II) (i) ON SECOND llE.ADING,
ORDINANCE NO. 37. SERIES OF 1997 (COUNCIL BILL NO. JS, JNlllODUCED BY COUNCD..
MEMBER WAGGONER)
AN ORDINANCE APPROVING THE SALE ON THE OPEN MARKET Of' AVE PROPERTIES ,
WHICH WERE DEVELOPED FOR THE "'BUILD " PROJECT.
Mayor Burn. explained lhat he will abstain from 1his vole as he is Cbl;rmaa of !lac Hous ing Aulhorily,
which oversees lhe BUILD Program , and 1ha1 he absta,ns on all ma1~: CJ>OOOmirg the Housing
Authonly .
Vote rault,:
Mc 1ion carric.:...1 .
Ayes :
Nays:
Absent
Abstain :
Counci l Member.; Nab hol z. Wiggins. Habc<uch1. Waggoner. Clapp
None
Council Member Vonniuag
Mayor Bums
(ii) COUNCIL MEMBER WIGGINS MOVEII,, A..'ID IT WAS SECON DED,
TO APPROVE AGENDA ITEMS 11 (h) (:i) ON SECOND READl"iC.
ORD INANCE NO . 38 , SERJES OF 199 7 (COUNCI L BILL NO 41. 11-<"'J"IIDDUCED BY COUN CIL
• MHIBER WIGGINS )
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AHmDINANCI! AMl!NDING1Tlt.1!'3, €HAP11!R 7, SECTION :!\'OP nil! l!NOLEWOOD • lu 11
WDNrclPAL CODE 191! Pl!RTAINING TO PCJI.ICl!JOFFICl!R PERMANENT DIS'ABILllY L
IIEHEPTl'5 . m
Ayes : Council Memberi Nabholz, Wiggins, Habcnich~ Waggoner. Clapp,
Bums
Nays: None
Abscnr: Council Member Vonniltag
Mo<ioocanic:d.
(c) Resolutions 1111d Molions
I
Tilcn: ...,,, no r.:solutions or motions submillcd for "!•Pn>YIII.
ll.. Gca<ral Ditaouioa
(a) Mayo(s Choice
t I, l/ II r I:
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J_ Mayor Bums welcomed Ann Nabholz as lhe new member or Council . He said ii was a plcasw<
., ""'1: heron Council .
2. Mayor Bums no1ed Iha! on Tuesday he l1.1d lhe good fortune or appearing ar tl1C While House
S-V-to an Enviroomcnlal Protection. EPA, Bmwnfidd Avmd lo !he Ci,y of Eng~ for S100,000
., hdp maediare contaminated industrial sires. He advised Slalf applied for the awa rd and he lhoughr lhc
process began in January . Re SIited Iha! Nelghbomooo Communi,y Coordina1or Marl< Graham did an
U<O"JlcDI job in applying for !his. Mayor Borns noted wo have also applied for a designation known u a
Showcase City. aad he understands lhcrc arc only i 5 of those in the couri~:)', and it is a special benefit }'OU
can ge, for being in this program . He nOled lhnl only 34 received Ule gran1 1h.11 "~ received and this is for
a ICVOhing fund that we arc going 10 establish in the City. Mayor Bums advised tltat the application
illitially wgered the General Iron Worl<s sire and Iha! lhcsc applic:uions arc 10 propose a plan for
iaoalialicm of environmental diffi, ullies. There are thousands oflhcse silos nll over Ille counlJ)', he
poinl<d out. where you have a clOS«I plant where prr.ale industry docs not waor 10 t:llte lhe risk lo try IO
dean i i up and dc:vcJop it. Mayor Burns commcnlcd that he met a number cf Mayors on his trip from
,mailer oornmunitics Iha! have been devastated bY closed plants and loss of hundreds of jobs. So this, he
md. is an importam program for the ad ministr-a!.'.:;n and he felt it is a real feather in the cap for
Englc..-ood and this could be a very imponan t program . He noted"~ lcwc 23 EPA identified Brownfield
sz.t.cs in the City now. He staled ii was a real honor 10 be at 1he White House for 1his prcscn1:11ion . And,
be commcnrcd . '-''C hope to follow it up by being a Showcase City . He said he appreciates the indulgence
m Coancil, sending him lhcrc.
Mayor Bums noted he was sorry he wasn't here for the Citizen of the Year Rccognilion . He said he has
k:no-,,\.-n Jim and Jennie Taylor for a long time and he was really sorry he h;1d 10 miss iL He th:mkcd Mayor
?ro Tern Habenicht fo r taking over at the Study Session and disc ussmg !he Cim1crclla City co nlract.
Mayor Bums stated 11 was a pleasure to be 011he While House and r~ \\as \'Cry proud '.o represent the City
of Eog.lcwood . He opined we wi ll realize Liggcr and bcnc.-things from this appii:lllion as 1imc goes on .
(b) r:ounci l Member's Choice
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Eaatewood City Co,,1tU
May 19, 1997
Paaet5
(i) Cowlcil Member Nabbolz:
J <l lloow,la•:i
't' '1 '.'1,a.U
~I ·~•1
l . She dw,ked stalffor working on the Brownfocld Graa..: alrerod a special lhlrib 'lo Mayor'
Bums for goiug and ""f",PIUII j!lal 9• behalf of lhc City. ~ ,,,. .
~ .,,.. ,r,, i 1 _! / l
2. She reques.cd permission fiom CouhcU IO 111cnd Qo: Oil!.~ ·n SllOj\'fllllSS. As a new
council pe,aor, she •.aid. ,be feds il would be vc,y beneficial Ii>..,. lier duties ind ~•sibilities !.s a 1
newly elected olli;ial .
COUNCIL MEMBER HABENICHT MOVED, AND IT WA$ 51:CONDED, TO APPROVE UP TO
S1000 IN COST FOR COUNCIL l\lEMBER ANN NASBOlZ TO ATTEND fflE CML
CONFERENCE IN JUN~
Motion carried.
Ayes:
Nays :
Absent
Council Memben illaHiolz. Hailrwch~ Waggoner. Clnp p, Bums
Council Member Wiggias
Council Member Vormitlar
(ii) Council Member Wiggins:
I. He was curious as wbclhcr anybody paid au..iaa ID 6e City ol Sheridan 's si1tin1ion with llielr
lown hall, if lhcre were any legal commcnll anybody....,. .. ..., oa lhal. There was no comment
2. He welcomed Council Member Ann Nabholz aboanl.
(iii) Council Member Clapp :
I. Slie staled slie would hnve fell bcllcr aboul lbc coacmr and ,'Olcd yes on it if01ey had one or the
other. l!ul, she sald, she just docs nor feel comfortable wilh asting somebody 10 bring up b.1ck payments
and bring lhe concr<tc up 10 .randaro . Ms. Clapp nol<d sbo. .mild really have fell a lol bcuer if ii had
been an ciOicr or si1ua1ion and lhal is why sbc VOied no. Sbc cpiacd we need somcthlng likt · hat and she
was glad to see something put in place, however, she !boughl iii .could have been a little bit ~c!ter if they
n..d just done tha t one ll1ini;.
2. She welcomed Counci l Member Ann Nabholz aboan! She: said she is looking forward 10
working wilh her. as she thought they all were.
3. She asked the City Allomey to prepare. whatC\'U is appapnalC. an ordinance or resolution. ror
Council's review. a t'oallol question for November to vote oa.amdc:dal mayor.
(iv) Council Member Habcnichl :
I. She said she w:intcd 10 join the rest of Council in wcfoom:i~ Ann Nabhol z 10 the Council . She
noted it is going to be fun and she was sure she "ill enjoy 11.
2. She 51alcd she is very c.1Cci1cd and has seen the piaurt::s. •itb lhc f'rcs idL.r.t and the \Vrutc House .
She !hanked Mayor Bums for rhe good press for Engk,>'OOd. ,o 9ucb she said is always very posilivc . Ms .
Habenicht also tlL.1nkcd Ma)or Bums for giving her the oppocm:nily 10 preside :n 1hc Citizen of the Year
rrcscnlalion . She commented lhat it was very cxciling and •CJ' rew.arding for ht:,. ll rcaJly i~ important,
she said. 10 look back and sec the con1ribu1ions that :1 kt of owr citizens have m.idc 10 our community .
She norcd a 101 or our ci1izcns hnvc served on our Council as :Mayor and as School Bron! members and
• lhe like. In a small ciry. she pointed out it is staning to be a lllo]:c pcm:ntage. Ms . Habcnich1 slated it is
1aa1ewO<A1 City c ... e11
May 19, 19'7
hael6
I, )IUIII ) '(t itnO'flf1>1 "l
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just run 10 be a port or ii ar . ....id she knows Mayor Bums 10rely ml.it 1h11. Mayor Bums a1JOOC1
!hat he really dld jllld ,__, :"'1 lovfd 'f' have ""Ffi'IJ.re.
3. COUNCIL MEMBER HABENICHT MOVED, AND 'IT WAS SECONDED, ,oa
COUNCIL TO GO INTO EXECUTIVE SESSl9N IMMEDIATELY FOLLOWING THE CITY
COUNCIL MJ:t;TING TO DISCUSS PERS!l,NNEL ISSUIS.'
Ayes: Council McrribcrsNabholz. Wiggins. Habcnich1. Waggoner, Clapp.
Bums
Nollf I
~ilcil ~mbcr Vonniltag H ti Jr HJ
Motion carried.
4. Ms. Habcnicbl noccd Council had some concern aboul SWld By Personnel and t"FY lool< a vote
tbal indica1ed lhal lhctc IOU no1 any ac1ion laken. Bui, she nolcd, thcre were ciliuns conccmcd -
M1Clhcr or noc (hey were continuing in business. She asked how tlial was resolved. City Manager Clarlt
advis«I tbal we have done daily inspections and he said he believed wc did issue a summons . He asked
Cily Anomcy Broizman if I here have been any summons issued since U,cn . Mr. Brauman said oo jUSI
one. Mr. Clark said we ha,~ tl,cm on vid<o camera picking up people lhcre at lhc si1e and we determined
tbal they"'= still doing business. He l10lcd he bas nol heard anything further and he lbought (hey were
in compliana:. Cily Anomey Brouman Slalcd lhal ilis his undmtandlng dial they are in compliance and
the altomcy has been in and wc will be having discussions with the proscculor's offlc.: regarding the one
day that they were open in violation.
!ii . She commcnled that while we were wilhoul a council member in District I some of the District I
people had indica1cd that (hey wanlcd lo know who 10 bring issues 10 and Council said bring them 10
cvel)1,ody or any of lhc at-large people . One ofrhe issues was brougbl 10 l,cr auention. in lenns of som,
ofthc issues U..1 bad gone on with police palrol in District I and also having 10 do ,.;,h some otthc liquor
license kinds of things tlial have come up . She said she was called and has been meeting wilh a cilizl:n,
Sandi Ostema, and also with Al Slanley and Tom VandemlCc. She nolcd Ms. OSlema has astcd if I.here
could be a lener from thc Cily in response to all ofthal. Ms . Habcnichl said she lalkcd to Mr. Clark and
Mr. S1anley and if it is okay with Council she would like lo put 1ogetl1cr tlial response to the NEON group.
which is lhc group from U..1 neighborhood. And she wanted to share that with Mr. Clark. Mr. Stanley.
Mr. Vamhnnec and Council Member Nabholz. as sl,c is the new Disiricr I representative. if I.bar is okay.
Mayor Bwns said tliat is fine .
13 . City Man1"'r'1 Report
(a) Ci1y Manager Clark referred Council to his May 15,. Cinderella Ci1y Activity Repon .
He noted it is a very brier report wi1h the idea 1ha1 hopefully 1hcy would review a lot of issues 1onigh1 a1
Study Session . Which. he Slalcd. tl1ey did . He said !here was quile a discussion with the developer and
the Museum of Outdoor Arts folks and they will continue those crrons .
(b) City Manager Clark advised tha t 1hcy have sci up some oricnt:llion tours for Council
Member Nabholz and that they would like lo make lhal available 10 other council members. Mr. Clark
nolcd tl1ey kind of debr iefed and discussed I his inlemally and dec ided perhaps we can do more when new
council members arc cominj on. orient them 10 the City. So. he s.1id. if any other council member would
like to mccl with a dircc.1or Md go cul and view some of the things 1ha1 we ha\'C got going on. 10 just let
his office know and they "ill make arrangements.
Mayor Bums commenlcd lhat he is glad we are doing 1ha1. He noled he Js1d lalkcd 10 Mr . Clark aboul
this and he thought we cou ld ha\'C done a b:llcr comprehensive job in lhc past on orientation for new
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1■..-....1 City CGudl
May It, 19'7 .... .,
council mcmben. He ll■lal ii is• aiW lal al' ll1llr ro lam in a quick period of time. As he lends 10 be
more o( a vuual pe,-. lie aaid. lie M lbal oa lill impecllonl really help you . To really sec what these
lhinp look like, ndler tball jlll ,..... • -Y pap,n1 ud reporu ud so forth . Mayor Bums opined
thal Iha! iJ an c,u:elleal plan.
14. City An.nq,'1 ~
Cily Auomcy Brottm■n did -lia\'e ar, .-s 10 bring before Council.
15. Adjourn..,.,
MAYOR BURNS MOVED TO AalOUllJII. The meeting adjoum<d a1 9:29 p.m .
. ~h (l.rJL
' Ci 1y Clcrk