HomeMy WebLinkAbout1997-06-02 (Regular) Meeting Minutes•
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
June l, 1997
I. C.U 10 Onkr
The rqu1ar meeting oflhe Englewood Ci1y Council was i:aJlcd 10 onlcr by Mayor Bums al 7:45 pa
2. lovoalloo
The invocation was given by Council Member Wig&ins .
3. Med&e of Allegiance
The Plcdgi: o! Allegiance was led by Mayor Burns.
4. lloll C.U
Absent
A quorum was prcacn1.
Council M<mben Nabholz. Clapp. Wiagins. Habcnichl. v.,..;mg.
Wass-,. Bums
None
Also pr<SCnt City Manager Clari<
City Auomey Broiunan
City Clerk Elli•
Din:ctor Simpson. Neighborhood and BU5iDCSS Devclopma
5. Minutes
Neighborhood Communily Coordina&or Graham
DircCU>r Gryglcwicz. Financial Service,;
Sergeant John Collins. Safely Scrvic,cs
Anomcy Semple . Ouliide Counsel
Din:ctor Fonda, Li11le1on/Englewood Wasu:water T~J'laat
Division Chief Lockwood. Safety Scr,·iccs
(a) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDO), TO
APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY 19, 1997.
Council Member Wiggins indic.1tcd he would be abstaining as he did DOI receive a copy o(tbc mu.-a in
his packet
Council Member Vonnittag stated he would abstain from this vo te as he was not at th..1t mccWrll
Ayes :
Nays:
Abstain :
Motiun carried .
Co un cil Members Nabholz. Habenicht Waggoner. Clapp. Bun,,
None
Cou ncil Members Vo nnittag, Wigg.ins
1,.ie,.., Clly o..11
Juel. 1"7
Patel
6. SdleadatVili~
IJ ,, ,,, , , n , 11 ,n II j 1,1,:
I 01,/1•)0-IO'/~/ll/GI
(a) Batt Hainer, owner of Dillon Slr'ect Car Company at 4169 South Broadway, stated she
is spcaldng toaipr m behalf of the used car dealen; of South Broadway. She noted there arc eleven of
them pRICIIII i.s ....,;,,g. Ms. Hainer said they arc I/ere to 't!lanic the City and the Office or
Ncighl,orbood and Business Development for their spirit or cooperation and recognition or the imponancc
of their lndu51Jy IO die vitality and strength or the South flroadway corridor. She commented lhsr Council
has in their packeu copy of letter sent by Marl< Graham . or the Neighborhood and Business Development
Office. to Brian Ca. OMICl' ofB .C. Autos. Ms. Hainer advised that Mr. Cook could nol be here tonight
due to a de:ath in die wnily. She noted she wanted to tnkc a few minutes to review portions or that letter
that she. and her fdlow dealers. believe demonstrates the City's willingness to develop a true ""'1<ing
partncnhip with die used car business community. She noted the fim paragraph states that the City or
Englc,,'OOII sees -doalen as part of the solution for re-invigorating South Broad1V:iy, and they agree.
And she achiscd. Ibey look forward to working with the City to make Broadway an even better pla ce to
sell cars. Ms.~ stated they were pleased to read in the second paragraph that the City stair and
Planning Commisaoa discussed the imponanc., or their industry to the overall hc.'llth or South Broadway.
Ms. Hainer rad ciRdly from the letter that ·over 800 Englewood jobs Tanging widcly in skill level :uid
compensation =Ima! 011 auto sales and auto related businesses . The rnuJti-;,1illion dollar annual payroll
gcncnl<d from die ..ulO indUSll)I rc-cin:ulates throoghout the local housing, retail and service economy."
Ms. Hainer staled dial they app=iate the recognition of the positive economic impacts that their industry
has in tlm collllDBily and they believe. by forming a cooperative alliance with the City. that the economic
benefits to En~ will only increase . She said that, as suited in the third paragraph of tl1e first page,
they arc comforted ll> know that the City staff is no! working on anything that would change 1he legal
SUitus o( auto uses and thal the plan proposes celebrating auto . Ms . Hainer noted lli;U on the second page •
of the letter. the du.rd puagrnph. ii Slates th.,11 "'beca use almost one 1hird of lhc land along South
Broadway is dcvmcd 10 aulo s.1lcs and related uses. 1hc biggest opponunity we (lhc Cily) ha ve identified is
to de\'Clop programs for improving the physica l appc.irnnce of the s1rec1 in conjunction with businesses ."
She pointed out that it aJso states 1h .• 11 Ilic City .. will idenlify funding mechanisms 10 panicipatc in
impJ"O\.-cmcnl5 to realize the district conccpls described in the South Broadway Aclion Pl an." Ms. Hainer
stated that the a.,. ·s endcavo!'to rind funding oplions to facilit:11e improvements is a tangible effon which
demonstrates the City':: determination and dedication to work with the South Broadway business
cnmmuni~. She DO(ed the very last parngrnph stales a very sound conclusion 1h.,1 "'lhe stralcgy for used
car dcalcB to d:ac is to encourage dealers 10 get together and develop standards for site improvements that
meet the commaa goal of enhancing South Broadway and 01hcr s.1lcs and security needs for car dcalcn;.
We (lhc Cuy) bd.Jc\·c that it 's possible to do tku ." In conclusio n she s.,id . 1hey would like 10 say rhat as
used car dealers they also believe that with a common goal and conti nued workin g rela1i onshi p with 1he
City that they can ,,fork 10 improve the image ofSoulh Broadway . She advised th;H they have agreed to
fonn an 3SSOC13bOD '-'ith all of the used c.1 r dealers which will work in co njuncri on with Ci !) officia ls 10
accomplish !.hismmmon gonl . Ms. Hainer said they encourage lhc City 10 continue lo look for pro-acti,·e
and posiuvc w~-s lO work with all of the bU!incsscs along lhe Soulh Broadwny corri dor .
(b) Mike Gruninger. Pres ident of the Englewood Fire Fighters Associn 1ion .ind lhc
Sccrcury oflhc Fudigh1er's Pension Board . no1cd tlmt Council Bill No . 40 is before Council again . He
said he would Dal take a lol of time to discu ss !he issues. but that one of the thin gs he did wam to 1ell
CounoJ lS th:11! m 1993 this ordinance . thnl we currcn ll y have. wns C'iscusscd at lcngl h. 11 took over two
ye.,~ and scvet11C'\1Stons to co me 10 1he ordina11cc we currenrly ha\'C 1oday. lhroug h all the lc~1 I action s
and C\'Cl)1.hing. and 1hen ~II of n sud den the staff decided for some unknown rc.1so11 lhal the funr.!ing
wasn 't correct or something. Mr . Gruninger sai d 1hey ask 1ha1 Council !able 1his mallcr bcc.1usc rhcy
have presented this m negoti:llions and 1hcy feel that !he only way 10 properly lake cnrc of !his problem 1s
10 put 11 tn thcu contr.ict . He advised 1ha1 is where ii currc111ly stands toda y. He s,aid he docs 1101 w.inl to •
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Enlllt•ood Clly Coandl
Junt 2, 1997 , ... ,
go inlo a lol of detail, be,:a,-it ii in net,04ialions. So. he rdlenled. lhcy j,111..t ._ CauciJ plra,e
lable lhls urilil after negotlnlio ,.
(C) Vicki Lanlmer, l'rom Pawn Banll Ill Ulf, Sawh B~ ........... wllll<d tu Wk
10 Council abotil 1he licensing OIIIIMnce 1hat Is on the ag,11da IOllip,c . She -*-. 1h11 the
zoning comes up laler. She advllOII, then, 11 one ponlcular laue In It IIIIL* • -... witll. tllll she
lhinkJ most ori1 is just a renewal orw111111 aJrendyon the buokJ. Bui, she....._ ......... pangnph
added lhal would require thal Ibey ftngerprinl c:ustomen wbell tbcy aJIIIC ia 1w,... aDll loau. She
s1 ,.1ed she is just concerned witl1 1h01 because. she opined, ii is son or focusal • killd ol I ncptivc stigma
and I here is such a very . very small pcra:nlagc of lhc buslncss Ibey do thal ~ m any police activil)I
on it Statlstic:ally, she said. she opened her store almosl IWO years ago, in ,_.,a lffl. ad sbc has done
approximalely 9.000 pown tickets . or lholc. 25 were picked up by the policr•--11111 were Slolen.
Pc"'"'11Age wise, she IIOlcd. it is lhrce 1embl of one pc,cent. SIie Slid she .....__ is prell)I standard
lhrnughout all orthc Olhcr SI0res on Brnadwlly . She Sll1cd. if ii -an ~ ~ dlOle were IOU and
lou ofilcms 1ha1 were stolen and thi• fingerprinting M>Uld help Ille police IOpl -CIIIIVictiOOS. Iha!
she obviously would nol. for one minule . wam lo mnd in the My althaL a..• pailllcd aut, it i1 IUCh
a very. very small amount and she is just afraid of the negative lido of it• fa' a lier_,. arc
concerned. She noled that obviously alfects her business. Ms. l.altlrncr nat<d --times wllCII you
go 10 a pawn5hop you arc IM)tJc a little co,,a:rncd anyway, bec:llusc it may _ .. ,-pn,udc,11 moment
She opined Iha! If you are struggling 10 get from one payday ID the next. ud ,--.I to pawn ..-hing
lo get you tllrollgh, IO have IO go throop I process and be flatlc,pri-a .... ., -you feel bad .
And. she said, she would guess Iha! 1rnnsla1CS 10 the !act !hat ii will be bad ..,. ..,. -. bccaUIO If
Ibey have a choice of going 10 a store where Ibey don 'I ha,-e thal and when: Ulle)' da. she reels Ibey 111'
going 10 go somewhere else. She n:ilernled liull ii is such a vay, very small __,_ that 1hc negative side
ou1wcighs the po,lllves . Ms. Lani mer n,<jllCllcd 11181 Council consider-~ tbat in lhc ordinance
nnlil anolhcr time .
(d) 811:11 Kaufman. n:pn:scnting U. S. Pawn at 5030 Soul.b Brmdny. noted his di=ion
revolves around 1hc same issues Ms. Lanimer ju.<t discussed. He subm41Cd 111i:nmxm to Council which
stales whal is currently being provided 10 lhc local law enfon:anent at~nD tllo) can determine d10
1ruc 0"11crship or goods 1ha1 arc pawned in Englewood Ind tluoughoul Ille-aa. Mr. Kaufman
acknowledged 1ha1 those in 1he pawn industry recognize thal !hey havo a p:,a,psioa problem wid1 lhc
public . He noled lhcy try ,-cry diligcnlly 10 change that pcn:q,lion. that tllc! -tlieir stores brighter,
cle.incr and be as professional as they can be with 1hcir ..,_,. aDd wit.b l:lie ,...,_,, l.c stated they an:
not opposed in any form or fashion 10 P.ny OYcBight by the local autlloritic:s ia lenm d what Ibey take in.
n,c first handoul. he noted , is !heir police fonn . TIIC)' pro>'idc that to the Eag!c,o;ODd Police Department
on n weekly basis for every item th,11 they rake into p.iwn . NOl e-.·cry loan.. MC\~ specific ilcm . He
stated it specifics on 1110 form. 1101 only lhc make. model . manufacturer seri:al -.ber. all die basic
infonnation one would need to know abou1 a p.inicular product. but ii gives.a aapklc documcnlat;on of
the person that pawns it the item . It is known ns :m ownership s:t.11cmcnt. ba:asc: be poinicd out , they
st ale and sign on 1his form , lhal lhey have owned 1his produa. lhat lhcy did .. find it or steal it . but they
own it. This, he advised. is the document the police dcpanmcnt uses to pr0IICICUIC: tlK>se few c:ascs 1h.1t do
occur . He staled the fi11gcrprin1ing issue , rcln1ivc to 1his particular ordinacr.. docs DOI enhance the
public 's ability, the people of Englewood and lhe surrounding communilJCS. 10 8tf tbelr merchandise
back . If. in the C'\'Cnl an item is pa'411cd nl any of the pawnshops in Englewood 3IIKI the police department
finds it is stolen . they have 1hc right to pick up thnt merchandj_sc and rctD111 11 10 the original owner , with
or without fingerprinting . Mr. Kaufman S1atcd lhat the only people who ~ibcndit from the issue '>f
fingerprinting Wlll be lhe police departmcn1. as it gives them some extra c,,,dcac:e. ii makes their cases a
Ii Ille easier 10 prosecute and the pawnshops benefit bcClusc the more asrs ~ cm proscculc 1hc more
likely lhcy arc 10 recover 1heir loss on nny i1cm 1lc11 has been picked. l!cc:Msc. he aihi scd . UIC)' do no1
charge the original owner for this merchandise . lhcy talcc the loss. He ncca! thm: iD U. S. Pawn 's cnsc last
r.aie,,-ICllyC-11
Jael. 1'97 ... lniluu ) Vb.) litmn•1l!,ln .f
\'.JPI .t •,nut •
t ,;i,;'I
,.,., they did so..iaia1 in tbc lllisJiborhood c,($700,000 in loauand o(lhal4ollar fl&W'C Sl,300 was ,.
Clllllhc:lled. He poini,,d out that 11 something 1 ... Uw, two tenths of one pc,-i. Wo ill~ jndusuy l!l"I
ia tbc cammunity fed that if there was truly a problem in terms of then or things of that nature or that the
......... _.a...,.. o(vut quaalilice of IIOlcll mcrclW1dlsc, U..n cenalnly U1e fingerprinting issue
.add be viable. 11111 they do nol feel they sbaulcl be pullln1 upoo their eus10mcrs one morc rcgulatioo.
..,. -.. illl lllalthoy mull bl required to do in order IO bonow the moocy . He .. tcd Uy,rc is ao ,
bcncftt ID Ibo -11111 lhcR is some bcDC6I IO the pawnshops and the police dcpertment, but it is 10
minute. relative to Ibo YOlumc nfbusincss UlC)' do. that U1ey feel 1h11 panicular item in the ordinaoce
....... be taken away.
7. Non...-l<d Viliton
(a) Bill Young. a member o( the Englewood Fire Dcparuncnt and U1c Old Hin: Fircligbtu ·,
Pcnsioa Board. illl<cd Council's indulgence in his request for a delay in the second reading of Couaci.l Bill
No . 40. Ho adviacd Ibo n:ason is that they, ns members of the Pension Board, feel there arc more complex
usucs illvolvcd 1han what is noticeable on the surfua: of U1is ordinance. He noted that amons those are
oooa:ms about r.-ling. adminislration , eligibility for thi, benefit. Willt that in mind, he stated, they met
"ith lhc City's FUlll>0C Oireclllr on May 13~ and In the dllCUSSioa that followed they all agreed that
pcmai15 it was b<a that Utis be delayed until tboir Pension Board mcctins on June 11 ~ when: it would
<Jln,iamly be clia:uDml. lie apin asked. wit.:i tbat in mind arvl as tho gqveming body of the Pension
Boord ii tho body cbargcd wilh I.be inlplancaialion and admini"'31ion of those changes. that COUDCil
delay Ille sconnd radiog of CouaclJ Bill No. 40 until such time 15 UlC)' oan discuss it at their Pension
1.~-.; mactiDg.
(',0<ttlciJ Member Wiggins DOied u .. , Mr. Jay Seay came and spoke befon, Council a couple or weeks ago
and said he was going to bring them some material. Mr. Wiggins asked if Mr. Seay gave anythi ng 10 Mr.
Young. 01 Jny other member of the Fire Dcpanment . 10 bring 10 Council. Mr. Young advised Ural they
<-«:osscd llrat with Uie Finan<e Director on May 13 • and Mr. Young and Mr . Seay felt ll iey would
formi:laie Olis withia the structure or lhe Pension .Board . So, Council Member Wiggins said, Mr. Seay
,.,.. no1 speaking lorU1e group as a wholc.jllll individwilly. Mr. Young stated 1ha1 Mr. Seai· was
spcal<ing for them as a whole, that lhey diSCU55Cd ii before he appeared before Council . Mr. Young
advised be was out of town at Uiat lime. So. Cowu:il Member Wiggins commented , Mr. &:ay would not
be bringing an}'lhing 10 Council for them to look at, that it will be before the Pension Board . Mr. Youn~
advisod U1111 they would 1101 be submiuing anything 10 Counci l until the Pension Board can fomially
discuss ii and present ii 10 Council as a final product, so th.11 Council can be assured of wlrat their feelings
arc.
(b) Ron Gold stated he has been an Englewood homeowner and business owner since 1976 .
He II04ed th.11 Cherry Crccic.. Lodo and south metro are booming . Quoting from figures provided by Ilic
South Metro Chamber or Commerce. lie pointed out. that, since 1993 , Glendale sales L1X 1s up 61%,
GrttDWOOd Village is up %o/, and Lilllcton is up 46¾. He noted Englewood and Shendan were Ilic only
ones declining and also the only places wi1h gro"1h in day labor and pawnshops . Mr . Gold stated that
Englewood now bas lhc most pawnshops per capila of lhc who le Stnlc of Colorado . More lhan Chcny
Cre.ck. Glend:1Jc. Greenwood Village. Li1tlcton a11d Highlands R.1nch combined . What others don 't want.
Englewood gets. Su ccessful places, he noted. and hopefully Englewood. restrict pawns and day labor
haJls. He commented 1ha1 two pmvn emp loyees wrote lcucrs in the Englewood Herald , includi ng tJ1c CEO
ofE•Z Pawn . This CEO. he noted. is a Tcxns executive of250 pawnshops wi1h Sl74 million annual
J"C'\Couc. yet be actually claimed to "help 1hc less fonunalc ."' His own rcpon read or a 2 l4% annual loan
yield. Mr. Gold commented thal 214% is ten times more thnn credit cards or banks . He said that $10,000
returns $31.000 m one year. in two years $100 ,000 , yel he claims "'pawn is not usurious." Mr. Gold stated
that Mother Teresa wo uld know that helping 1hc less fortunruc hnrdly enjoys su ch exorbitan t and speedy
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E ■aleweod c1,, Coancll
June l, 1997
P1aes
11 nu,,) t, hnt111 •i..1
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profilS. Hc,notal the mlnilawn rp■wa iii..,.. rate ii 10% .--... bul IIOIIIII ,_.,. aclllallr much,
much hi.,,.,. Mr. Gold 1111Cd1lhlt the C■a 1h11 _....,. ._. _ _,..111a11 police is ind'llilblo.
Both pawn cm.,._ ho said. ignored lhiL w_ ,..... ......... pilloll. luuvct and -aro
pawns ' moot numerous i1em . Thc firsl -shop.....,____ allal, ldmiucd IO Engiel,ood's doclino,
bul ignored .. , n,uons. Once Soulh BRllllw■y-• .,....... ~ ....... Now. you will ... day
labor halls .... , IO pawnshops. nexl IO b■n .... --~-,ohich discourqco many flOIU
shopping and living in Englc,,ood. Police hart .......-i 11111 all £aglc10ood pewmbops ha.., boco caught
fencing stolen goods . Rcali1.e. he said, thal ,_ ,.._ .-cu 't and won 'I be ""111Vc,cd, bccaUle there
arc no serial numbers. lhal is a CD. a lODI. a wrcac1,, a.....,,, wute\'Cr, hu no ,crial number on it. So,
he Cl)llll,ltllled, even if police know who stole i~ it Clll 01 be -WOii ·, be ruovcrcd. Mr. Gold llllcd lhal
a mastcrpawnbrokcrandwriier provider the bcllmdmccal-·sdcslnlClion. P. Actchcr. ho said,
stancd five pawnshops and bnap al 250% proiil. ~ •aS20.000 investmall inj1111 ._ year. Mc.
Gold quoted from the 1993 Pa•11brokcr 's Op,raliom Maaoat: "Prwa employees..., re,. pn,molions, 110
benefilS. and absolulely no chance of career adva~ Wllo borrows money in pawnshops? Junkie<,
prostilulcs . dope deniers. lhicvcs. dcn:lict.<, :lcpr.:wd, wdfaR rc.:ip1en1s . When a pawn opens. the local
indigent comes first The jlllMlbrukcr bas $25 in• iloaldliag for $125 . Bcia& IOCllcd ne,c1 IO a liquor
ston: would be ideal. Pnwnbrokc:s don 't care what 111e_,_1y lhinks. The 1110rc negnti.., feelings
1oward his store. Uic happier he is because he ia-s lbm:'11 llo IIIOrc resistance IO aew pawns being
allowed . Poor nrcas wclcx,mc any tax base ,........_ ,._,, waaldn'.t care if the pawnshop was pain led
green and oft'crcd • tauoo parlor and qacst.-c -. ...... Tbe majmil:y af pa10llbroken wen,
pushed 10 seedier lffllS of IOWD. Weapons left dc,u ill -.... acl bullet boles ill the ceiling. A
pawnbroker can cul business in half not dealing in 0....... To be suca:ssful. handle firearms . Tools .
like all merchandise, arc rakcn in al lcn cents on the doUar. Clances arc C."(CCUcnt a musical instrument is
stolen ." Fonunalely, Mr. Gold nolcd. lhc Planning~ voted unanimously lo rezone day labor.
The pawn section was rcwrillen 10 get 1he aP9f0\'31 al pawn lftycB and owners . The vole. he said. was
splil on pawnshops. Mr. Gold .;tatcd that Mark Glalall 1-a llald him privately lhat lhc .-mighl have
ehang<d iflhey hlld hnd ,ome oflhis infonna1ionjusl ~ Mr. Gold stated tha1 for Englewood 's
neighborhoods . gro,.1h nnd prospcriiy, lhe original l!road,,ay Actioo Plan must be approved rezoning day
labor and p.1wnshops to industrial areas . Mr. Gold~ writt en infonnation lo Council. wh.ich be
iden1ificd ns stnlistics/facts from 1he Soulh Metro Clmnbc< al Commerce_ the second P.'b"' being basically
what he s.1id nnd ,:he Inst p.1ge is from a ,awn CX>llllpUl)''.s aaauaJ report.
Director Simpson advised lhal lherc may be people who wano IO Sj>C3k on issues relalcd lo 1hc public
hc:irings tonight on the pawnbroker ordinance for zoning am:I die temporary employment SCl'\;cc
ortlinanco . He poin1cd oul lha1 ii is really appropriale for c:-.:il 10 udtc 1ha1 testimony during !liosc
public hearing limes. 10 consider it fully during thac tiim. Hearing discussion al this poinl he sa id.
clocsn ·1 really go lowmds cs1ablishing 1hc n:conl lhal they aced. He said lic just wanlcd lo sci U1is
strnig hl.
Mayor Burns said he was glad Mr . Snnpson brough1 Uus Ill' :Jt: ex plained Iha! Council ,viii have public
hc.uings on tJ,c issu,. ~:-the pnwns hops nud day lahor He: Cued that anyone who wants to speak
officially needs 10 speak at the public hearing . He 1 i.f£bt:-• spc3k as 11 non-scheduled visitor. Coun cil
is happy to li.s1en to \-,hm they say. bu! they arc not u U,-an tbc record of the public hearin g. He said
he just wonted everyone 10 understand that
(c) Gilbcn Slark . 3 16 1 Soulh Broadwa). statal be :..S li>'cd !here for 20 )'C:115 . th.1 1 he has
• more propcn y in 1hc City and his sister-i n-law has a ~ oi ~ in 1hc City of Englewood. He said he
lllslewao,l City Council
Juae 2. 1997
P■&e6
l(NJ) 1'11) I l~jfl.,
""4 I t ,n11f
! b:!•q
W11 -,. uiiCaill I_ ,oi next door IO hil l'acher•ln-l1w that be 1w been uyias IO Fl,"'9 City IO
clean ur, for 11w years. He lllled be talked 10 Joyce and L■ny arid they pvc him the brush an: and lie is 1
tired or it fie llld ho wantJ something doae, 1h11 hi■ l"alhe,,,ln-law ill 14 ye■n old and u-1 , d"°' ID ii
and aow lhey have 10 1ot trim I mull -1hc mildew 1mcll comes over ro his place. He cannot.,.
ou1slde ud sll on lhc porch oratjoy ■ny1hin1 oullida bcclusc or the smell . He advised lha1 he called
Council Member Nnbholz loday Ind she has taken pictW'IS or lhc lot in question, Ho WIIUA:d lO kaow if be
could ask Ml. Nabholz ror IOfflC' of 11-pictures IO show IO Council and ask lhc,n if Ibey would like ID
Uvc next lo lhal. He sald lherc.,. dead mice Ihm:. In taponsc ID Council Member Vormiuag. Mr. Slark
advltod the 101 is located at 2840 ,sou1h Shcnnan Suec1. Mr. S111rt aolcd lhc owners aune over and
!rimmed.,,,.. u-cc, in 1996 and 11111 is the 1151 lime :hey have been over !here in five years. He Slllcd be
has been lalldng 10 Joyce ror flvc years aJld ho has 1101 go11c:,1 anyUung done. He co1omcnl<ld Lllltlliorc aie
dead mice 111d birds in lhc lot People come by and dump evcrythin9 in thcte, because IJ,q, -11111/a,
laying along the cmbankmcnu ,o Ibey dump lherc 111ulT1horc. Mr. Sim Slmd he is geuing lin:dol
cleaning all 1ha1 oul.
Council Member Nabholz advised 11"11 Mr. Stnri< called her U1is morning aboul lhls propc ny and ,r. wcnl
and look a look 11 ii. She opined 1l1a1 ii is in prcuy bad shape and she 100k somr. polaroid piciu,es. Ms.
Nabbolz aaled lhal she was going 10 bring lhis diocussion up under Council Member's Choice ir lhal ii
aa:q,tab1c. Mayor Bums Slid sure, 1ha11l•1t was really U1e approprialc place 10 do ii. He advised Mr.
Sim that Council Member Nabholz will bring Ibis up Wider Council Member 's Choice. Mr. Slark llkcd
that in the meantime Council ple■se lhink about ii. iril1ey would like 10 live that clo,e ID sometbiag like
that
Mayor Bums noted lhal Libbie Gotts<hnlk and Julia Scott signed up 10 speak on day lubor. He poialed out
Council will be crinducting a public hearing on day labor. He Rskcd when Ibey wished 10 spc:ik. Ms.
Gottschalk said it was their undcrstnnding lhal the public hearing was June 2"" wh ic h is why Ibey aie
hen:. Mayor Bums stiled 1ha1 Ibey an: not In lhe public hearing now. The public he.iring will be called
after, thal this is tlie ro5ter ror people who just want 10 come up and speak on anything , Ms . Gottschalk
stated they do have a leuer they would like for Council 10 have , llmt they wanl 10 read an d lhcy will al10
speak at the publi c hearing. But . she said. as long as they have this opponunity th ey would like 10 have
themselves heard . Mayor Bums suucd lhatjusl so they unders1and that !hey arc not on 1hc record for the
public hearing if they wanl to spc:tk now . Ms . G111sclm lk said she undcrstm1ds.
(d) Li >bie Gotts<halk, 2904 South Grant S1n:e1 nnd Julio Scotl. 2914 South Grant Su-cct.
introduced themselves. Ms. Scott odviscd that she has been a n:sidcnl in Englewood since ;9 7. Ms.
Gottschalk read rrom thei r lct1er, which was signed by Libbie Gonscltalk. Julia L. Scott ond William L.
Scalf . "II is our understanding thal the locntions ofSland~By Pcrsor.nc l and Pn,1, -s Personnel at
Broaaway and Bates and Peak.load Services at 2756 South Bro.,t.way arc co mrary 10 city ordinam.:c and
therefore illegal It is ou r further understanding that during th 1; tim e St:rnd~By and Prinlers have 1lCCUpicd
this co,1.0:r. and Pl!..1klo.1d two bl ocks fur1hcr north 011 Broadwa y. you h.1vc received endless complaints
from the rcsidcntin' neighbors cc ntcri 1:3 largcly on health and safely issues . Specific compl aints we ha\'c
he.ird made to you or which hn\'e been wi tnessed by our famil y. neighbors , or oursel ves have been thnt
cli entelc of these comp.1nics brwk into and c111cr ~1ragcs and backyards. th:u 1hey urinate. defecate, and
vomit in publ ic arc.is such a.c; streets. :illC)S :rnd park!. Bales-Loga n spcc1fically. that drunk and disorderly
pc~ns wander neighborh ood s1rcr.ts after leavi ng these estab li sh 1ncms wi1h pay used for alcoho lic
bc\'cragcs or drugs . :1nd t!;,11 li11cr and debris incrc..1.sc cxponcn1ially in lhe summer mon1hs . You
contemp lated allowin g ~111 addi 1ional 120 da ys to Slnnd-By 's 11lcga l. dangerous . and noxious presence and
acco rding 10 1hc media. apo r~p rin 1cly denied them !hat continu.1ncc . We heartily applaud thal decision .
Therefore. it is beyo nd our understandin g tha1 Stand-By now has not ices on ils door indicating ~hat they
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l■ahwood Clly Countil
June J, 1997 ••ae,
lh111w},,H)1 -..,r,i,2n i
rev1 ,!:: 110,
M, r 11
mCIIIIIUluias co ftulcliOD out ofwt....._ ., .......... ~ -pickup orllleit ul~tell;.,Accqrdin110
thcsollOUCIIII. theirllllil,ildcli..,.. --•JlliMmsl!enonaol;a SIMd-By '"'ill no1 lcilllc City or
Englewood .,...,ant you,'tbcir oliclllcle. 6-...._ ■-I peyiq,-r bills." la O'.l1<r ,\llnis,dmµal or
!he conlillUIIICC _ _,...uy......,. -,dfoct ............,. c,api !he remo\'11 ~f ,,If <• /umitwe.
Constquc.-to ihe nci1hborhood ...,,.. ~ Ilic 11D1C. In addition. lbcrc iac,tico:a swc !hat S~
By is seeking• mw location "nellby." II ii cmlasiag to sec ia the -iia lhal C0111in""""" was denied
and then ,oe the busiricu pcnill ia ils _.... bazmly 111d compicuously in the same locale. What
exactly docs denying lhis COlllinlllllCO IO s...-By -? /,: ckmly ldaled issue of eq ual concern lo the
neighborhood 11 the prcsem:e or.,..__ lib: pn'D aop1, exotic li■gerie, cJlCCk cashing. X-ralcd
videos. an OYCl1lbwld.tncc of liquor-. aay ■-1 Ill oflllomClllilia that degrade the City orEnglewood
and supp,n or encowagc drugs. crime. 11111 Olla bdlaviors ~• wilb familial interests. The
unfonunaie exlsteDOC of Ibis l)1IC al_...,... oddi~ Uko busincues 10 view our city"' a
potcotial locatioo . What is UIO ~ IO allow Ilic:: busillt>ICS IO locale hen,? Arc th,'SC lax
rcvenuca worth the pria, in quality al lif,c lilr -f3noilics ? Please illknn us wllll direction Ibis City
Council intends 10 pwsue for lhc Clly -"&~ 1rith rep,d to Sland-By Pmoaoci in parti<Ular and
tl1csc other cntilia in general. Is it •lie lilllue of South Brnadway ID become anolher East Collax ?"
(c) Hany Lester, owner oCHany's Specialty Can al 3247 South Broadway, stated he is not
a resident or Englewood . bul he has been ia bmiacss oo South Broadway for 18 yea rs . He pointed ou1 he
has paid propcny taxes the whole 18 yc:an;. Hu■id,Jic -id like ID addrus the Gothic Thcaw. whi ch is
right next door lo his business. Mr. i..aaa -,,aat that if he ldl his busi11CSS the way the Gothic is
left he -,Jd not hove I customer tnllc • iL Ho apil.,,d that it -1 IOlal disgraa:. He said he would
build a city park irthe City would tear ii......_ at bis expense. llOI at taxpayer's expense . Mr . Lester said
he is nol up here talking about Olhcr....,.......,.-,t,oc1yc1se'11110ncy. Ho stated he will go in his
pocket an d build a city park there. iflbc Ciay will do something ,nth that building. He noted thnl
1rnnsien1s live in iL the wocdi an: In recs lidt• tbc sidcwallt ripl on Broadway, the sign is bust,d and
windows arc busted. Mr. Lcslcr DOIIIIII dlal hc latllc■ptll a little bit oC bis IOI. dial he did ii ia front of hi,
office j ust so he wouldn't have 10 look• tlauidcofthcbuilding. He ,aid he hos bc:en in touch with the
people in tl1e City and told thcll1 if they ril d lbco,wners he ,.;u point the building irlhcy will allow
him 10 do it. He 's never heard an)Wing and Ill< opined thal the City sltOUld address th is more than 1rii ng
to run other businesses. that arc m,Wng a tiviag. out of the neighborhood . Mr. Lester said he ,~i ll
cc nainly do anything he ca n and. irbc can do~ything 10 help . please foci free 10 ca ll on him . Counci l
Member Wiggins s.,id . "'tha1 is a man after my own he:lrt ."
(I) Bill Clayton. 958 East undJ A\'1'11UC, noted he bas lived in Englewood almost 50
yea rs. that he grew up in the ncighborl,ood-by South Cherokee in the 2800 b:ock and his family owns
propcny in thal neighborhood now. He said be jmt 1n111cd to tell Cooncil how excited he 15 that all or the
problems in thai nei ghborhood an, going kl, go ...,.y .,.·hen Stand-By goes away However. Mr. Clayton
noted, that it seems 10 him that those pn,l,leas wcrc then: bcfon, ~lan d-By got there . He recalled the
Horton family nnd corr•ncntcd that he didn '1 du.nk Stand-B y brought them in . And , he noted, as he drives
through lhat nei,;hborhl,('l(f , he sti ll ~ .a vaned sclcdion of junk. cars. :mshcd out yards and he did not
think those arc all tenant occupied. Mr. Oa,1101l rei1cratcd tl1a1 be is thankful tha t all of these prrblcms
arc going to go away wh en we put lhcsc busnxsscs 001 of busi ness. Because , he sr:ucd. c,•cn th ough he
lives !en blocks from Broadway , he found a ipCOI 32 cali ber slu g m his ba ckya rd la st \\eek. ii n coc hc1cd
off of sorncihing. And . he advised. tus house bas been broken Ullo and his neigh bors houses ha ve been
bu~l?.ri1,ed , Mr. Cla }10n co mmcrucd (hat u..i...~· kmd of know who 1l is , they have a co upl e of Jtl\'cnilc
delinquents that live a coup le ho!JSCC.dcnn, from them. He opined t\1cy don·1 •"Ork for Stand•B y, tlm t they
slcn.l . Again. he said. he is glad all of tbcse problems arc going 10 go away \-.hen we get rid of these
businesses. He wan ted to know ho"·"~ arc going to get rid of these problem s j ust by pullin g th ese
businesses out of bu si ness. Mr. Cla)10D S3JI! be noticed he got hlS tax bill th-; other day and he s1a1cd tJiat
lhcy arc prclly lu cky in Englewood. He OOICl tbat for a house worth $1 00 .'JO() tl1e City ~'\X CS arc about
lol!lewoo-l City Council
J ■H 2, 1997 .....
$60.00 . Mr. Clayton eclmowledpl thai CIYO!Yont looks M lhelrlllllllllld ■ys ,..,. iliJ ;,~-!f-
lhat ." Heegreed tliaJ lk Is. but moilt oCtllal ltlChool IIX, He paillledOIII lhau busi.-...,,-i'· ~IOQJIOO
pays out llhoui SJ,000 i year in ta.'<11. Mr. Claytoll ■Id he-ouno !hay know .his, but ti.,, ..... •.lkl
discover, if tlley 1oal/ ill the 1IX rolls In Eaglewood. 1h11 buslaeaes pay -of Iha pn,pe11y -;.
Englewood . 114 llalal we all know Iha po,mfi,I enl!ine thiit hu dri••n ~•• powth and
prospcritjl wu llOI Saalh lBl'OIIM-.y, ii,. .. Cindmlla City . Mr. C1171on poiDled DUI tllal ac haw
•-alchc!d ii Sil YIIC8nl while Cherri Creek Shopping Ceni:' 1w boon rodeveloped. ParlLMadows Im --
conceived and built and it looks like Unlvtnlty Hills will Mve b<c1ttom rlown and rmuill uile ac look
out lhc window at lhis """3nl white cicphllnt. He urj!Cd Council ID IICl lhat thing Soing and IO 0Dlllidor
Uutt lfwe """' zoning problems. or Illegal acllon.< that ~-,e laking place. we should wori<oo diem . We
sh Juld -it on code enforcellltlll . He said he would like to soc aome of the own,, occupied pn,pcniea ia
his neighborllood improwd. He wouM like to ice thc guy across Iha comer from him. oa C...._ ud
Cornell. take the urinal off the frolll of his house and the guy at Gr.uu and Eastman. wllo is 111 _,_ pa■
a new roof on and clnu all of the lr■h DUI of his backyard. Mr. Cl.lyion Slatal lhat be "1"1d a piece ol
propct1y in thc 2700 tfock or South Delaware that l,e would love to d .. etop. Bet. be said , the Cily ,...,.,
ellforcc the codes and so the houses around it arc trashed and full or junk ca rs. So. he mai PW.ned. now
that these businesses arc gone. we won '1 h.1vc anybody 10 bl ame bu ! oursel ves, the people in our
ocighborhood. and it is lime we Sinned working on those problems.
8. Co11111M1nic1tio n1, Procluudo11 a ■d Appointme11t1
(a) A pruclamatlon holaing Bishop Elementary School's Studcmt Rcadcn wa,; .,.....__
Mayor Bums asked the City Cieri< lo read lhc pruclamation in its er.limy.
COUNCIL MEMBER NABHOLZ MOVED, AND IT WM. SECONDED, TO APPROVE 111E
PROCLAMATION HONORING BISHOP ELEMENTARY SCHOOL'S STUDENT READf.JlS
AND THE "STUDENTS IN ACTION READING INCENTIVE PROGRAM ."
Ayes : Council Members Nabholz. Vorminag. Wiggins. P.-chl.
Waggoner. Cl ap p. Bums
Nays : None
Motio n ca rried .
Mayor Burns prese nted the proc lamation to Gary Pri ce , 1hc prin ci pal of Bi shop El cmcnla ry School .
Seve ral students joined Mr. Price at the podium . Mr. Pri ce slat ed they are \'CfY, very please 10 have
scvcraJ of their outstandin g readers presen t thi s even in g. As well as the person be hind th e scene \\'bo
-:oord inatcs their program , Mrs . Anita Bosworth . A5 mentioned . hes.ai d, this tw been a vay successful
program for tl1em. Bas ica ll y. this year. they !ew e read 11 ,9 50 some pa ges . have had IOOY, panicipalioll
an d 72% of thi:ir student body has been nwn rdcd a certifi ca te !hat ind ic ll~ they ha,'C read 20 or more
books . Mr. Price stated they have OUl!il anding rc.1drrs fr om all grade level s. He advised that they had one
octsta ndin g reader prese nt this even ing and he has n..~ ~ 17 books thi s yea r. So. Mr. Price stated. Ibey
arc very, ve ry pleased and he tlmnkcd Mayor Burn s for :ic kn ow lcd gi ng rhcir sc hoo l before Ci1y Council
Mayor Bums offered his co ngm,ula1 ion s,
Mayo r fl nrns noted 1h:u he hnd all end cd an assem bl y a few week s ago. al Bi shop Elementa ry School on
1hc readi ng p:ogmm , He !hanked Co uncil Member Nnb holz for in vi1 111g him . He commented that be 1s an
ho nornry 1.1e n,ber of th e Rotary Club which is ve ry acti\'c in rJ1 is arc.1 . Mayo r Bums staled they re3.11)
have ~ .,. ·,10 -. ...... : • .-:!mg program and 1hcy arc re.ill y 10 be cong ra tul:11cd for this p1ogram. that it is really
1r.thc· ~-. .,, -. .
/o proc lnmation dcc bring the h111 e. 1997 as Recycling Month was cons ide red .
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Council Member Waapm-al<cd die City Clcrt IO rc:l'I 11.c proclnonalion In its entjrcty.
COUNCIL MEMBER WAGGOlfl:R l\fOVID, AND IT WAS SECONDED, TO PROCLAIM THE
MONTH or JUNI, '"' AS COLORADO RECYCLING MONTIJ lN THE CITY or
ENGLEWOOD.
Motion car.ied.
(c)
considered.
Ayes : Council Members Nabholz. Vonninag, Wiggins. Habenicht ,
Waggoner. Cl3pp. Burns
None
A proclamariim declaring June 7 lhrough 14. 1997 as Homeownership Weck was
COUNCIL MEMBER IIARNJCBT MOVED, AND IT WAS SECONDED, TO DEtLARE fflE
WEEK or JUNE 7 THIIOCJGH u, 1997 AS HOMEOWNERSHIP WEEK INTIIE CITY OF
ENGLEWOOD.
Motioo carried.
Ayes: Council Members Nabholz. Vonnillag, Wiggins. Hnbenictn 1 Waggoner, Clapp, Burns
Na ys : None
Mayor Burns noted 1ha1 Ibis p,roclamation refers 10 the Housing Aulhority throughouo. He cornmenicd
thal the Housing Aulhority is mot lhc only place where we promo'!' homeownership, 1ha11hey plan 10
further develop a homa,,memjljjp plan in EnglO\\ood and especially an affordable housing program . Al
the Metro Mayor's Caucus -Friday of last week o!ocy mci and discussed homeownership issues which are
~ming a rea l problem for smnc: of the communities around 1hc area. He nolcd they have a number of
.nployccs of vanous types im<Dllf industries and businesses who arc really struggling 10 nfford Uoe kind of
housing costs tluJt "c a,e i.ocwrring now. The Metro Mayor"s Caucus is promoling n cook book ap proac h
to this. to ha \'c a list of ,-aric:u ways that peo ple can approach affordable housi"g and homeownershi p.
He sa,d he would ccnainly liilc 10 pro moie 1ha1 in the Ci1 y of Englewood as well. Mayor Bum s stated he
is g:3d thnt CounciJ tw adopn=d this Homeownership Weck Proclamat io n.
9. Public llcarine
(a) COUNCO..ill!EMBER WIGGINS MOVED, AND IT WAS SECONDED, TO
OPEN TIIE PUBLIC BEAmNG TO GATHER CITIZEN INPUT ON AN AMEND:vlENT TO THE
COMPREHENSIVE WN:NG ORDINANCE REGARDING PAWN AND AUTO PAWN ZONING.
Ayes : Council Members Nabhol z. Vonninag, Wiggins . Habcni chl,
Waggoner. Clapp. Bums
Nays: None
Mo1 ion carried and the publ ic: a,caring opened .
All 1csti mony ~-as given t. !en-0.11h .
Ndghborhood Commuru ry Coordin.1 1or Grah;1m sta led 1hn1 s1atr id cnlified Co un cil goa ls or qunlit y of life ,
which were reviewed m the Stn uth Bro.1 dw;1y Acuon Plan process which occurred over Ilic l:\SI year He
sai c' they bcli C\'C tlus pn:,posall addresses 1hc issues thal were r.1iscd in the So uth Bro.1dway nc1ion plan,
related 10 the belief. which a, 1 of the residents h.wc . that p.1wns arc concentrating along Broadn 1y . He
advised thm this proposal VCL'!i sim(Jly docs 1wo 1hings . By dist ancing pawns. it limits lhc toial number of
pa"11S that c.1 11 locate in EogHewood :rnd ii prc,·cnls a co nce ntration . Mr. Gmham ndviscd that th is
l■&lewood City Council
June l, 1997
Pace 10
strale&Y was one of IC\'OraJ c:o!!"idercd over lhc I~ year. The aJ1emallvca that -.-.iclcral, be said,
wen, 10 ellminale pawnshops in lhc B-~ zonin~ ~li1h'a !)Criod r'or busincucs IO...._ o, CIUIJlish
di¥'\I !"lui~menlJ botw,ca pa'""*-"'~ Mr. Grabam1-t'i"'4 J~-~ -,... .....-,ailY .
aakeholden, incl~•I ~deals and builncaca, and lhcyJbclicvc·u.J sol"'-,,f ........ tliaa Is lbc
best solulion and lfiey will be recommending lhal Cooncil approve lhis n:commcadlliiaa. 1
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In response lo Council Member Vormiuag , Mr. Graham advi,cd 1ha1 1h<. ,listance ...._, pawnshops,
righl now , is 1.000 feel . Mr. Vormiuag asked where lhal is in lhe onli1 :.:.ce, bcc:aaR die old one had
2,000 feel highlighlcd and lhcy gave lhcm a new number. Council Member w._ Sllled tha1 13-(A)
(I) says 2,000 feel on page 4. Mr. Graham advised I.hat lhe orig:nal proposal was IO -an adull uses type
distancing proposal and lhal was lhc 1,000 feel Council Member Vormiuag ased -I.bey cunc up
with 1he 2,000 feet Mr. Graham advised thal ii was very simply. administrative!)·. •~· much like the
adull u.:c ordinance. He said they were modeling after something thal we already mot on !he books, so
thal it ')'IS easy lo impl mcnt lbc code cnforccmcnl p,uncil Mem~r yormillag -.aljf,i1 ,_ his
rcc:omnicndation or th'.c ;tinding, of P141l11in~ and Zonmg. H~ asked 'rho came up wo :cbc 000 feet . Mr.
Graham staled 1ha1 lhe 2,000 feet was ~r1 ofll,c inforinalion 1ha1 lhcy presented IO 1k Plaimillc and
Zoning Commission. He noled vari"'15 distan= "~re discussed, 1ha1 other cilia,.. l!Jotb larger an/,
smaller di sian= thal use disiancing regulations al all. He said it is llis undcrswidiag that Auron, may
use a mile between pawn.<-hops and some other mechanisms arc used in ci1ics sudl a limiting pawns b~·
number of population, raU,er lhan using distancing as a stralcgy . Obviously. he =-nlCd. if you
increase the distance you reduce lhc limit of the total number of pawnshops thal m:-permined.
Council l,fember Vonniuag asked if 1hcsc would all be grandfa1hcrcd in. Mr. ~ Sllled lbcir
rccommendalion is Utal U,e existing pawnshops be grandfa1hcrcd in. usil18 lbc omx:mfonning use
provisions lhal arc already in lhe ordin.inee. He c.xplained 1ha1 iflhcy would 0C111C IDexisl for 18() days
then Ibey could not be rc,-pcned, unless lhcy "~re in conformance with the new ordiuaua:. Oth,.rwisc. he
nolCd, 1hcy a,uld be sold and lransfcrrcd in ownership in olhcr ways. Once they dale 'for six m,mths then
they need co find a new location if their current location is non-confomting.
Council Member Habenicht asked if this considers. al all. orr pre mises kinds ort.bin:g:5. She said she
knows tl1is was an issue we've had in the past . wilh ot her kinds of businesses h.ning 'IC'pU'3tc premises .
Mr. Grnhnm staled lhat the lisl of locations in the hJndout is ou r understanding oCalll of the currently
licensed locations for pawnshops. He advised 1ha1 th ese cnlr.ul.::u ions we re 10 de,uun::nc llc:M· many
pawnshop s would be affected by the dis1anc111g requi re ments . Mr Grnham pouncd l3Ut th.al ifthr location
is not shown here tJ1cn they arc not aware if It as an cxisling loc.11i on :-nd II nould D=d to be addrc.sscd .
Mayor Bums asked. give n 1hc number and location of the present pawn..:hops. a1lat Jtffcct the 2,000 feet
bttwccn premises has on the ability to start a new one . Mr. Graham ,.ch iscd then: ~ some locations that
some of these pa"11shops could loe1te inlo or a new shop could locate iu1 , if lhe5c limvc noc already taken
their place . Bui basically . he noled, when ii all sons out. there will be 100m for cigftn pa"n licenses on
Broadway . So. for inslancc. the re arc other locatio ns in the City where a busillCSJ could lcx:atc such as
Federal. There arc no licen ses nc.1r it now, he s.1id. so a shop cou ld open up busini:$5 now and then th e
next business would have 10 loc.1 1c 2.000 fee l from th,11. Mr. Graham .s.1id he bd.Je-.i~ there is a locati on
on tJ1e so uth end of Bro.id way where there 1s more 1h;111 2,000 feet from the l1C3Zat, ;,awnshop. but most of
the land is used there for new c.1r dealerships and !here rea ll y isn ·1 an obvious oppQli'tumt) for a pawnshop
there .
Council Member Hnbcni clu asked if thi s zo ning ordinance pu1 s :111) business out 0€businc:ss Mr. Graham
stated their rccommcnd.11ion is 10 grn ndr.1thc r cxis1i 11g businesses and so it "ould amt l1a,e the cffcc1 of
putting any businesses out of business .
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C-All>Cil.....,,. 11>-,idil ulial if lhil ordjnan!'C wqcludfl any business if they 5CII and.,. not wiUun
tllll. or lo'.._,, ,r, al, of~ c;,,n tJiay :ootln!"' as ,U,cy.,. or docs ciulpgc of O)YllC~!liP k!p< lo~
ditrc,_ .,,_..,._ ~ Mr. G~ cxplalacd tlw tile non-conforming use provwpns in the
orc11-.,-,_ ...i ciKwbcR la the onliaapc;o, provide Q>at on<;c ii is ,:los,d for IRO day, t.hc only way
it caa ~ , iaP -Co,_, So. ho uid. the qucstioo depends entin:ly upon 1"lw;ther or not the
1"wllOIII doe ~• ....., lhall 110 daya ll>i whclJirr or noc lhcn: an: businesses wi\hi~ 2,000 feet of that
:•a:i/la, .t.od\r;:r or DOI a bu..-could reopen then:. So. M,. Habenicht ukcd. if somebody is closer
, i.., ' OW u,ct lO I pawn bulillCSI that Ibey • .., ir cunenUy and Ibey should dc::idc 10 sell U1eir busincss,
iflhcy sdl ii ID aaalllcr pawn buliacss. even lhou11111!,cy an: as cl05C as 1,000 feet 10 anot.hcr pawn
business, .._,, Qlllld llill do lhal. Mr. Graham advised Ulll Ulll would be pcnniucd under Uus
rcc:o..-;on.
Mayor a.. uud bow 111111)' pawn businesses then: an: now along South Broadway . Mr. Graham said
lhc,r. an: r-dve 6-1 on page four. Couacil Member Vormiuag asked if that includes auto pawns or is it
just pawnbn)k.crs. Mr. Graham 3dviscd lh.11 ii includes auto pawns. in some: cases businesses arc: licensed
forbodl.
Mr. Gr.ailal ..-ittcd. for lhc record. Proof JfPublicalion indicating that notice oftbis public hearing
was pubuaad in tbc Eoai,:,.'OOd Hctalcl on May 8. 1997.
Sandi C-, :!143 Soulh Graal Strcc~ said sbe wanted Council lo realize th.it she lives in U,c
ocigJ,t,o,noad oCBalai and -.y when: U,cy have,,.,, day laboB, a liq"or store. two bors. a
pawnaap, dieck calhing place al)d Ibey all feed into each other. And. sl,c uotcd, ii cn:atcs . panicularly
for Iha a:a. a vay bad 5i&ualioA. Ms. Oslcma staled lhat she never stood bcfon: Council , or any olhcr
mcct.iag-. llu been at, aad aid that businesses should be booted out of the City. She said she doesn 't
•grcc wow~ lDl shc Ulinlr.s a IOI of businesses arc very viable ID the progress ofEnglcwood . Ms.
Ostcma said she docs think. 1-cver, that fouttccn p.,wnsbops is about ten mon: 11-,n we need . She said
she has !Didi Council that Ibo has no problem with U,c pawnshop near tl,c B.11cs/Broadway area. That ii
IS a Ric:cc clean, ,.dJ established place . She advi5Cd she has ii on video tape and out of all the businesses
m thataa:a that is one she would pick ID keep ii right U1Crc. ri~hl when: ii is al. Ms. Oslema n:iteratcd
tlial she lllli no problem with that pawnsl10p. but then: an: o,iter ones Ilia! «ally need Council's auenlion .
She asked Iha! Council do .J>cir best to do wl•11 the people wonld like for lhern lo do. She said ii i, not
nc:c::cssa:rul!' wh:11 the citizens ~11n1 or ncccssarily wha1 the business owners want or what the peo ple in
Li1Ue10n -ant but do whal lhc people would like .
Viclu uaimcr. ""11Cr of Pawn Bank at 2815 So111h Broadway. thanked Ms . Ostema for l,cr kind words
about ha-business. She advi)C(I thal they arc all trying awfully h.1rd 10 change the negative perception
that c:xiSi> aboul pa wnshops . She noted it is just going 10 be an ongoing b;u1lc. Ihm 1hcy thinl-: 1hcy arc
makJ.ng progress and that is cucournging. maybe they arc . Ms. Lauimcr commented thm when her ex-
husband •-aoted 10 get into lhc pawn business she was SC' against it, she 1hougl11 it was the last thing she
wanted• do. She said she did not wanl to be involved in so111e1hing that was scary. that she had that
same peR:Cptioa. She s1atcd she 1hough1 people were going 10 co me -11 and 1ry 10 rob her. that she had all
of lhc wmsl possible lhouglus. Ms. L.u11111er no1cd I hat was a nu1nbcr of yea rs ago and since then she has
learned ID lo\·e: i i so much tha t she just recently bough1 him oul. So. she s.1 1d lhe store is hers and ii is so
much fua. Ms. Laltimer comme nted 1h:11 she wanted 10 ask some of her cus1 omers to co me here tonight
and spe:31... She "as rcluc tam to do th:ujust because she felt it \,ould be J n imposition for them . She said
she ~lsbcd she would ha .:, because she felt 1hm eve ryo ne has these unagcs of crnzcd drug dealers or
somc::thultg that go 11110 pawnshops. Ms . Lattimer slated it is so f.lr from 1hc tmlh 1h:1t she wished now that
she had liac.l some people come so they could sec for lhcmscl\'cs that her customers arc great people . She
pointed call the) arc neighbors. just good people that can't make it from one payday to 1hc next Ms .
L1nuna ack.00\\ lcdged tl 1 ') have a few ba d eggs likl.: ,rn y busin ess docs. She pointed out 111 :11 she goes
Enalewood Clly Council
June 2, 1997
PIii" 12
)QUll ) ,1 h• H'J l!Cfl f
'I .1,nut
fl •~cq
inlo 1 !!lc:vcn somcllrrics and I~ scurcd or some or d1e CMladlerl ia a.en,_ Ms . La1timeu1111cd then, an,
only four illdfUonaJ pawnshops Iii Demer, thcn,'are _ ,...._. piwns shops. tllat they are slinflat
businc:aes 1 She said she is lhlnlifi,g ofio many diinp dlor _ ..... and slle'wants"' .....,nd lo lhem , '
Regarding the ~pons part or h. Ms. Lattimer said Illa! .,_ -• IOU)' thing 10 1 lot or people Ind ,c<1
feel if a"""' carries guns lhal thal is bad and guns ... w.-....lly mocioled with cvil. SIie Sllled lhal
11 not lhe cue. tllal good people buy guns too. In lllct. sbeap;.d.1he bed guy• don 't buy them lh>m
ston,s, they pick them up on Ille -corner somewhere. 5k llil it ls not pon· of boaincss Iha! lhey deal
wilh bad guys. Ms . Lattimer rei1emed Illa! 11,,y an, 'MJmDg .a,, lmd to try to change 1h11 negative
image 1ha1 exi51.S about pawnshops. She adviscd that they an, Ila places to go . good places 10 buy used
merchandise . SIie said Ibey gu;irnnlce e,-cryrh: ,•g lhcy !Cit. it is• 111cc )')ti .,... have to "M>ny about
whul you buy from !hem. You know 1ha1 Ibey will back it up. Ms. Lanimcr noted they have all talked
about the ordinance ond discussed it so much that she thinks it is aa:cp1abie, os long os they have the
option or being allowed to sell She said that is not her in1e111 • ~. but if tliey take away lhar. she opined.
you have n,ally takeri away th e value of their business if~ dcw't have 1h11 oplion.
Horry Lester Slllted he owns both or the lots at 3247 South Bnicdway and 3246 South Acoma . Hcfelt he
wns com:ct in saying that he was the firsi licensed.,.,.-. dealer m Englewood. He said he wns up on
Belleview and Broadway in front orthe K-Man. he -ui Ille uu, pawn .osiness. Mr. Lester noted !hat
all he handles is automobiles. He said l,e would like to addrcs die fingerprinting isalc. Mayor Bums
commented that he dido 't think fingerprinting was ao -oa ·s ordinance. Mr. Lester said okay . He
advised that he runs an autopawn business and it WOfb isl ...;,a,c..:oo with !he mail .,res or Ille can. He
said he has Ille lot behind Broadway when, he ston:s Ille ..,....Scars. Mr. Lester Slated he has IIC\'tr
fenced any stolen caR. he has never had the police~ to llislot about nny stolen cars or anything like
that . contrary to what a lot or people think . He advi,od dlll !kn: is a 10% ma.-ti111m1t loan intcn,st that
you con charge for a 30 day period and ii hJls to be clcam ap u mleWCd •fler 90 days. He com,n,r.ied
that this is all stile regulated. so it is not like they ate thel'C j,d trying 10 ta/·., od·...,tage of anyn\1e. Mr.
Lester said he had a lady call him on 3 Saturday ...,.,.;ng . *...., a social se r; ia:s n,prcsentati\'e for the
State or Colorado and she had 10 get on a airplane. as then, wz a death in her "unily, and she did not
have a cn,dil card . Mr. Lester pointed out that he.,,. the only person she co11 \,1 come to and get 5500 for
her car. She ldl on a Saturday and can,e bodt and picked it • on Mond,y. Ht said he has people in the
carpet business thal travel all over and do the wort for Super I Motels and they will borrow tlie money
from him so lhey don't have to tell Super 8 "look can you ,,_..,. the money to buy the carpet?" So, he
noted. then, an, a lot of business people and he mat.cs hi gh_, loans . Mr u:ster stated heh"' loaned
oul SJ0 ,000. $-10 .000. SS0 .000 01 3 time. these an, nor pcoplr dlal come by and drink and liner and
urinate and everything like that He said he has had lha1 b.lppc:o behind hi s szorc and it isn 't from the
people that come into his business. it is from the people that 6',c in those shxlcs riglu 1hcrc on Acoma .
He noted that is 1he biggest problem he has had. He opi!DI .!:11 the business people or Englewood will do
whatever, that they arc the ones that will come with the~-to make th e im prove ments . Mr. Lester
adviscd t.c has donated to the schools ever since he has been III business. He said when K-Mrut wanted to
bu y him ou~ when he was up on Belleview nnd B.-t,.,iy-. hr ....,, down to pun:hasc these two lots
bcc3usc he needed the room for the autopawn business. No,.,_ be noted , several ycaR Inter he is findin g
ou1 he might have to star1 looking elsewhere . Mr. Lcslcr ~ized that th ey want to sett le in some
pl ace and build a business . He s.1i d he hns sold cars to third genern tions alrctdy since he has been in
Er.g lcwood and has hnd repcnl pawn people for the last ba ~,c-rs since he has been in business . He
po inted oul he ha:; nol had a bil of troubl e from lhc Englcwot'ld ~lice or 1hc people 1ha1 have pawned the
cars except when one of them had their radio stol en. Bui. Ile f'Ci ter.ucd . he docs not ha,·e any trou ble and
the aulo business is different th an the pawn business h l5Jlti1 a difTcrcnl busi ness . he advised. He noted
they have to be licensed cnr dealers before they can pawn auaomobilcs A rcgu l:ir pawnshop cannot pa wn
au 10111obilcs unless they get a dc.1ler 's license . He sai d he rr.as been in 1hosc places like Pnwn Bank and
U. S. Pawn and they are nice . He stated he docs not see ~ people loitering outside or anything like that .
•
•
•
•
•
Eaailwnod C11y c ... nc11
..... 2, 19'7
hetll
J 1 1 ill J bhoH,I• n I
t1 11.t nut
~I •
Brea Ka.C-. ....-,,ling U. S. Pawn 11,030 S...lh Blllld'"III', ILllod lirll of all be W0llld like"' lha'!k
lhc people ia Ncipllorllood BUliness Ocvdopmcal ~I ol'll,c City. Specillqlly, he uid, ~
Graham 111d Bob SimplOII, for wodtioa wilh 11,c pawab(olccn oC lhc j'.;lty in 1Ctlln1 up ar.d p,,lfCllliag.
befon: Council today, lhis zoning ordinance . He indicaled ii was something lhcy all ogrccd upon , on iauc
that lhcy all -..i out Mr. Kaufrnan staled ii is onolhcr example of a successful ncgotialion of an issue
which satisfies all parties. He said he nccdcjl 10 cornct ,somcthing lhat Vid<i ntldc COIIIIIICII\ oo a.ad
something thal Hany addrascd. And 1ha1 ls, he advised. spcclfirally on Sou1h Broadway in Englewood.
lhcrc an, only four lnldilional paMtShops. ~ "" lhc o"°' 1h11 clo cvc,ythj.a bul 1U10p1wn. He IOlod
there has been a lot of disalS&ion bclc. ~ ill,otl•~ ro...,., relalivo IO pa~hops. bul 1, Eaglcwood u-
arc oaly filu tnclitionaLpawnsbop&. Which, be Ojlincd. ~ not speak of,a silualioa w~ tloerc l!"Q £¥,
far 100 many pawnshops for lhc si1.e o{lhc Cily of Englewood. He noted lhcrc was some commcn1 made
earlier in lhc e.-cning relative to lhe qualily of the people !All deal wilh pawnshops . All he can comment
on. he advised. is that knowing a number of the customcn thal servia: hil store. and having worked in a
number of stores lhmughout U,c area, I hat lhe vast majorily of pco-.,lc thal use pawnshops arc 1>uking
class people like you and I who cannot make ii from payday 10 payday or have special needs . that do not
have banking IIOlalionships . Ho poiol<d out llaat 11111111 wbllls pll\¥mhqps ore for. PfOl)lc 1""9 need money
quickly ucl have tliill,s of value. He mai111aincd that SDme oftlJc q1L1li1y of P!"'Pi~ lha1 ,"""' 111caµoncd
prior 10 this ia tllo llffllChcdDlcd -ici• don 'Id~ wilh pawnsllops, because ia P!()5l cases lhcy doa 'I
have anything. Mr. Kaufman advised 1h01 1hcy deal with people who arc honest. taxpaying citlzens wbo
need rnoaey. He 5lllod 11>•1 75% ofU,c loan, Ibey 1nake arc rcdccmcd by 1hc customers wbo made lhc
loans. He noted lha1 is a,1 industry wide average, 111!)11 oflhc stores in hil comp3ny fall within 1hat
average. He explained lhal lhal means 1ha1 is !heir stuff. they pawn i~ Ibey pick ii up, lhcy pawn ii. they
pic:lt ii up . II is a routine and a straighl forward lypC business arr,111gemcnl Mr. Kaufu1111 said ooc other
poinl he would like 10 make is relative 10 U,e gun issue liial was bmughl up. He noted lhis is not a
stalcmcnt for any other p.1wnshops. bul the U. S. Pawn businesses in the metro area do not sell hand guns
10 11,c public. period . He staled 1hcy lake thc;n in p;1"·11. bul lhcy do not scli lhcm . TI1cy sell only hunting
rifles and things oft!Ull na1urc, very much like Gan Bmlhcn and 1hcy do not have a store full of guns. He
noted !heir 3\'Cr.lgc store has maybe 15. 18 long guns : shot guns :md rifles . Mr. Kaufman ad\'iscd IJ1a1 it
is nol a big port of their business. thal in fac1 from lhc pawn ,idc ii is ic5' 1han IO¾and from the sales
side ii is pn,lably less 1han ,¾ of lheir business. He commcnlcd dial ifli,cy didn't do guns, 11,cy cutaiJlly
would n'll go out of business . TI,cy do deal guns, he said. because ii i• pan of wliat people have. Bui lhcy
arc not in tbc business of providing guns for people in general, other than for hunting purposes.
Ron Gold ,wed 11ml 4285 SouU1 Broadway is his business address and 2812 Soulh Bannock is his home
address . He asked if he oould enter his previous testimo ny as public i.cstimony , Mayor Bwru staled he
could not. lha1 he would have 10 repeat ii. lhat he .....,,,!dn , cnicr previous tCSlirnony in this hc.1ring..
E,-crything in this hearing. he advised , has to be don e 1·'"" n scratch . Mayor Bums noled lhnt was why
people \Vere advised to speak nt the public hc.1ri11g. if llley ""11111cd 10 speak on these subjects. bcausc their
rem.irks in lhc other seer ion of the Agenda would not be included in the public hearing. !Clerk ·s note:
Council agreed. during lhe scoond public hc.1ring. Agend., 11cm 9b, 1iia1 Mr . Gold 's leuer. submiucd
under Agenda 11cm 7b, would be entered into the record of this public hearing.) Mr. Gold norcd 1ha1
earlier it was mentioned 1hat there were 12 p.1w11shops on South Bro.1dway . He stated 1ha1 to his
knowledge South Broadway extends only nbout 2,500 feet lhal is from about Yale to Belleview in
Englewood. So. he pointed out , thnt would indic.11c there is abour one pa\\1tShop every 200 feel. just going
from Lhc numbers earlier . He wond ered how the 2,lK)O feel figure would fil in. given that is about one
every 200 fcct. Mr. Gold said he also thinks lhal it is interesting. that though he had mentioned earlier of
120% annual interest . .tnd in some cases just qth.>ling from n major pawn companies annual rcpon , where
they put 214•;. annua l interest. and 1hat was incidentally consistent for I 995. 1996 and early 1997. that
nobody from Ilic pawn indusuy seemed able 10 deny 1ha1 . Mr. Gold staled 11011 the earnings incidcnlally
ofE•Z Pawn.. and for that mntlcr looking at the annual rcpon oru . S. Pawn. arc pnmarily from these
loa ns at 1hcsc C.'<Orbitant mtcs, not from s.1lcs . In fac t, he pointed out . in one pa\Vn company their sales
E1clewood City CouacU
J•11e 2, 1997
Pacet•
t, Jr11•0 ) (ll'l f}omti l;,11:I
\11PI ,1 '>lllll
(I~· q
wcnrdown IUbstanllallyanr' ;;,.;r....__..,-.itllll)'. lilclwe, again. most oflhe --,y i1
coming rrom the 120% or..,.. ....i _,_ oa ....,, .It Ir..,,,,, ~/y'liard. he aid. 1clNC thiau ,,., ,
friends 10 ll1e working ct,,..:, people...,. _-ny tiylng to Help lhe 1poor. u 1some people 1M "
claimed . 111
11/ II
There were no further qu,:stlans 111111 ----p,aent IO ,poall lo the illue.
COUNCIL MEMBER VORMl'ITAG IIIOWD, MID IT WAS SECONDED, TO CLOSE 'l'IIE
PUBLIC HEARING TO GATRH CIT1U1' DmJT ON AN AMENDMENT TO THE
COMPREHENSM ZONIN<? ,,,~a IIEGADING PAWN AND AUTO PAWN ZONING.
Ayes : t!oacil a..-n Nabholz. Vonniuag. Wiggins. Hallenich~ w....-,. Clipp, ·Bumi
N•ys: -
Mo1ion carried and 1he public hefflng dcall.
(b) COUNCIL MEMRII WIGGINS MOVED, ANO IT WAS SECONDED, TO
OPEN fflE PUBLIC HEARING TO CATHER CITIZEN INPUT ON AN AMENDMENT TO THE
COMPREHENSIVE ZONING OIIMNA."IICE REGARDING TEMPORARY EMPLOYMENT
WNING.
Ayes : ~Mcmlla!i Nabholz. Vormitlllg. Wiggins, Haben1ch1 ,
w.....,., Claw, Bums
Nays : -Motion carried nnd the public hearing ...,i.
All l<Slimony was given under oath.
!Cleric 's note: Naticc of Public Hearillg W2Spablisbed in IIIC Englewood Herald on May S, 1997 .J
Neighborhood Communily CoonlinalOI' Gr.lham advised lhal or. May S., Cily Council scheduled the
public hearing for lhis evening. This-. be noted, is also scheduled on first reading lo prevent an
undesired gap in lhe moratorium !hat air.-Jy exists for addilional licenses. He staled thal lhe Planning
Commission held publ ic hearings .,.... fcs ....,.;ngs on IIIC matter oflempomry employmenl services and
look a significant arnoun1 of testimony 1'1lcy considered SC\'Cr.tl proposa1s 10 address the problems that
were raised will, temporary~ !l:M0IOS. He advised lhis ordinance is based upon lhe Plannin g
Commission's rccom,ncndation to DOI al.laia• lcmpcnry employmenl services in business districts in
Englewood. but to allow lhcm. "1th 0Dllld!iibons. in industri11J distric1s . He noted the various allcmaiivcs
arc lisicd in the Council Communic:M:iom. so Cou.'lcil ca n sec that there were basical ly four differcnl
versions of that. He said the ICSlimoa, brought out a1 the Planning Commissir ,n hearing rcn cctcd that
there was a problem when temporary ~I services were found in relationship to liquor stores ,
playgrounds. residences and olllCr ~ Mr. Graham staled 1ha1 by looating !hem into indus1rial
areas. lhcy fell lhnl would besl admal _.;m; lhem from silualions where lhey would be c.,usi ng
problems. He advised 1hat the two rmjlx issues identified were first . the impact s oi tcmponuy
cmp loymc nl services on ~dcntial aras and second. the impactS of temporary emJ,!oymcnl scrvias on
other businesses . Mr. Graham said by Jllllli ng them away from p.1rks. businesses and residence s you
•
addrc s those provision . He stated lberc •'ls also a provision . specifically thnl the Planning Co mm i!sio n
said lhcy did not wanl 10 provide a grandfmhcr dause for lhese businesses. He said ht woald jusl mak e
Ihm comparison 10 the pawns . Mr. Grmm advised lhal lhen: was o feeling 1ha1 the pawns should be
grandfa thered . Pawns. he poinrcd OUl wcrt al.ready a listed use in Englewood . whereas temporary
employment services arc 11()( now. h:n-.e <I<\'l.'f been. a listed use in Englewood . He noted lhnl mllkes the
lrcatmcnl different as well . The rcaxamcndation. he stated . is lhat Council nol grant a grnndfarhcr clause
here and that would include not gra.oriDg one for the businesses ir, 1h~ industrial nrct1 . Because. he sai d. •
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Ena! "'* City Council
J•1112 , 1997
P1111s
!hey do IIQl,curreaiJy meet tllC dlstanc,i~g RqUiflll !CUIS lo residcntl~ ZllllCI . So, lie l1!)ICd. all tbc CUlllliils
1emponuy labor services would oced w relocate aad they would be roquifUI to ao lluougb tbc .........i
USO pnx:e,I to do that ,
I I ii
COIIIICil <Member Habellichl commented that somq people have said to her in tbc past , that they MYC.,.
an lnmuc In a lac of tllCR busiaeucs coming Into the area. ~he 2lkal if that is bccaUIC our pn,palJ
taxes hen .,. hi&hcr or lower tllan IICishboring cjlica. ii there is aay corrdation. Ma. HalJcAicbl llid 1111;)'
heard oarllcr today that we have high property taxes, &he questioned whether !hey arc higher tllall
neigbborin1 cities. Mr. Gniham Slated that he is noc qualified to speak on Iha: issue, that pc,llaps
Dir«:tor Gl)lglcwicz could address that. ,,.
Mayor Bum, "6kcd if the PlaMill& Commission discussed the~ of tran5p0rwjoo to these kx:aliaa ia
industrial a:ou for temporal)/ llilor facilities. Mr, Graham Slid it i1 aa inJcmlil1& ques1ioa. tbM ccn,ii,ly
people arc allowed lo stand 111 bu stop. He noced. he doesn't know iflhey bavc reviewed the~-
of gathering Ill some location and then going. Mr. Graham said ,be ,;ccs where the impocu arc rnuplJ die
same 3S bavi•& Uic 1neeting loc:llion UICl'C. He advised it wasn't thc nalwc ol the problem thal wa
discussed. wlicn tlicy wrote U1i• onli111U1CC and had the hearings in rroot or the Planning Colllllliaiaa. II
was aoticipolcd U1at any ga~icrilll point for tempom,y labqr wquld bayc to bc,in an~-
distrid. So. he Slaled, he would interpret that action to be illegal , ,Mayor Bwm asl\ed iltbcavailabilily..C
transponatioc1 will be a pan ol thc conditional UK process review. Mr. Graham advised thal tbc -vi
their review or the transponation iiSUO wu that UICl'C is RID service illJ9 tbc iudustrial distrids,., !Ml ii
would be possible to rclocaao a temporary employment isiue near a bus line. Mayor Bums noied lllat -
what he was ~gal
Beverl y Bader . 2755 South Lincoln Strcct , staled that she has lived Uicrc for 2l ycan and itis rigbt
behind Pcaklood Labor. She commented thal she has watched her neighborhood go downhill ever siDa
Peakload moved in and has witnessed men urinaung in the alleys and drug deals going down. Sile said
that these people have broken into lier garage so man y times tha1 the lock is brok,n and 1135 to be
padlocked sbut. Tl icy have stolen lawn tools and cverythins else imaginable if it is ,ot 101ally put ._..
She advi.<cd she 1135 her clcctric barbequc grill literally padlocked and chained to her front pNCb., it 1lill
nol be stolen. She noted ~ICY go 1hrough licr trash and scauer it cvcrywbcn:. She 53id the ncigbborl,oad
has just gotten so SC<dy and trashy and it was not like this before . A few year, ago, she noted, she was
tic.ming and weeding ot~ bci1ind her garage . She stated U..t her garage, and her neighbor 's gar.1flO. an:
ve ry close togcU,cr, and she found a sleeping bag and a back pack . Someone: was living betw:eu lhar
garages . She said U1is never happened in their neighbo1hood before, U,11 she is tired o.ffindi ■g ud
pi cking up used condoms, syringes and broken booze oolllcs . She said it is a constant , coast:u,t tbilrgad
she is getting rc.iil y, really tired of it. Slic stmed it Y.35 I.id enough wl:en Pcakload was the only ODC
there . bul when Stand-By moved in thin gs reall y got bad She sa id it was her understand ing from a
Planning and Zoning Commiss ion meeting that she was at, was thnt crime increased in th e
Bates/Broadway area 112% from 1990 to 199 1 when Sta nd-By 1novcd in . Ms. B.1d cr commen ted tbac &hat
is n.n in cred ible increase. She sn id she is tired of pi ck in g up, 1i rcd of the trashy neighborhood, ured ol
be ing afraid . She noted she is afraid all the lime and she is tired of be ing afra id in her own house. S....
she emphasized . what she is rea lly tire d of is Englc \\ood bu siness owntrs tellin g 1hcm what tJ~ shou&:I
put up with . She sia tcd they arc the resident s. !hey arc the re and these peo pl e h.1vc tmshcd their
nei ghborhood , Obviously. she sn id . lh~'rc is no workin g with th e owners in clea ning 1he pl ace up and
gettin g these peopl e 0111 of there , She ~ltcd 1ha1 Co un ci l pl ease take the Pl ann ing and Zoni ng
Co mmiss io n's rccomm endal ion lh at lhcs,. be moved 10 1hc in dustri al area .
Howard Wa11crs. 2885 South Bro:u:hvay, said he ha s lmd 1hc building at 1ha1 address si nce 198 1. He SD1
he is about 50 10 70 ya rds away from 1hc corner of Ba tes nud Broadway where the 1cmpomry cm pJ O)-=mt
fac ilities , Sl nnd-By and the print ing fac ilit y, ha"e bee n locmcd, He said he would like 10 share some al
1aa1t.....ia-,c-ii
Juel, 1''7
Pqe1'
the expotic,lca .. lie ... hid II hi• Sou1h B!Olldwly loc:llllon. He lalcl'l,e cannot _, ,htt 111 .,._
incideall ~_..,. ,._,..,,,. al'tbe people wllo hive_,, ■aoclatcd wilh the lcmponay 1111plnymon1
r■cililla. bul dlalo ua _, an affllZino coincidence or cvenll chi have happened. Thi1, he laid. Is much
like the lady ~ blm. bul In a bushlCII sl1111clon, rather lhan rcsldenlial . He said he has had nu..,rous
iftsilnoes al' i-.-1 poople on !he p,openy and lhe police ha.., been called . Mr. Waners noted that he
hal on 1111 wall ._ ... of police olllcffl who hove been Cllled al various ,1 .... becA\Jile ot lhil type ot
incident. 'Tlll:l,:>-■ lhe 1e1 In the llKk or 1hc building. he recalled. which hc ·presu..,, was n bonllre
ror w■nnlh dliria!c!IK -.riJNcr. which MS a polC!llill!y dangen,us sltualion. 11,cre haw been numerous
incidencs ofindlpllll sleeping. relieving thenw:lm oli rho propeny, needles flllmd on the propcny, and
discarded clotlul!&-He said he has called the police dcpanmcnt. U,e firc dcpanmci\1 and E~ 1S for people
who arc liter.illy paal oat cold . The back entry gale 10 his prop:11)' was literally 1,ro~:n down, he said .
which he rcpllca( .,.;111 a cllaln link pie. which -lmmedlaldy pushed 0111 or p:,sicion . Now he holds
the 811< and lllt~...., with a bicycle chnin and coml!inalion lock . So. he said , !here have been
chcso lltlfflfflllll iimidc,a al' tn:spassing and a variety or thinp that have lake• place which arc
a,incidcntal -..idiim!,e exillcncc oflhe tcn,porary employn,cnl racililies. We did not have lheac kinds of
incidcnCS. he said!,.or !hey were very rare, wilh lhc prcceding bloslncss , which he llclicvcs was a Girclc K
a,nvcnic:ncc llOII!: ,He opillcd 1ha1 , ba,cd on the upcricnca he ou1lined . lhc lcmponuy employment
laciliry locatioa i... definilely con1ribuccd co a d11ninishing orlhe value or lhe pmpcny and. perhaps more
imponantly, a pao::,,tial rs. AJ 1hc 1cnan1 or ,1., maon Door of chis rcla1ivcl)I smoll building. he said. he
hal ■n iacen:sriac--called P & J's Dolls. This is a baslno:ss that lucs classes in the morning.
ana-■nd Cft!liillg. sill days a ......it co which ladles a,me IO make collectible porcelain dolls, he
advlled. AJ a .....at. die pa,klng lo1 is lull or can bdoncing co moscly middle aged ladles and he is
a,nccrnecl willl ck silmtion. because it is a pocen1ial risk lo lhem. He said he pul in :xtra sccurily lighcs
in lhe parking ~111111 lhis ren.ains a real a>nccm . Mr. Wallen said he is in Slrong suppon of changes
1h21 would d imi'_,_ kinds or pral,kms .
Camic Totn"550> ms Soalh Bannock Stn,cl, reminded Council lh.11 sl,e hns spoken 10 them many times
before and o.~ lier appreciation for their palicnce wilh her. She asked if Council is going 10 rovicw
lh : ."lblic heariat;ttramcript.s nnd the Planning and Zoning CommiaSion docu1nc111s conccmin! 1cmporary
emplO)'IIIOIII IJFIICIXS. Mai or Bums rcspimdcd 1h11 Council has !hose available for !heir review . Ms .
Tomasso tlrongl\O """"'1JIICI lhal Council look at 1hc informallon to see how lhings evolved 10 ge1 10
the point: where we11tt 111. The Planning and Zoning Commission unani1 1ously ,-oced for the most
stringenl rccommcmdalions Olher than having lhcsc busin= lca,-c Englewood . sl,e said. adding th.11
she lhinb they tnlldlc a good decision . They have ,pcnl a Joi orume looking al lhc problems and how 10
iesolvc chem . Th.-(;ommission, she said. is recommending yearly licensing. 11,erc seems 10 be a
problem wich liqumr stoR:S and how 10 keep lh<SC businesses from clumpin g logcthcr and becoming a
parasilc emriromncmL What: it says in there. she noted. is th.at a lcmporary cmµIO)·mcnl agency cannnt
open wi,hin a CC1!fQtm nc:.:nber of feet of a liquor s1orc. but a llqoor store could open ncxl 10 them . lf a
1cmporary cmployaaeat agency docs open in an in<'ustrial 1.onc. a liquor store opens within that number of
feet from chem. wllutt is l,Olng 10 happen , she asked . Ms. Tumasso snid she 1l11nks lhcy addressed cha• wilh
the yc.1 rl y liccnsu:1g. ~ she feels is a very imponont co mponent She said she has worked on the
S1and-By issue ro r !five ycus. At one p·,int . she n-rnlhx.l. they agreed 10 hire an off-duty polio.: officer .
which did help IO'anntrol chcir busin=. She Slrcsscd 1lia1 lhcsc people do n<ed 10 be con1rollcd. nnd
they need 10 undcrsmmd that their business has 10 function w;,hin lcgill pnrnmctcrs and 1hcy need 10
control their clicun:ilc Al the time th.al they had 1hc off duty police officer the business wns a lllllc more
manageable. she .idivtSCd.. but lhC') discontinued i i because 1hcrc was no n:quin:menl . there wns no on e
sayi ng you need to itlo lhLS.. ~ou need to control your cllcntclc. She said she co ncurred with Ms. Badc1 ·s
earlier ~atcmcnts t!baL a year after S1and-By opened . 1herc was 11 2% incrc.1sc m crime in her
neighborhood. She"'!)incd llinl 11011 sounds like a wa r 1.onc . Ms. Tomasso rela1cd 1ha1 she also gave '°""'
rc.,I estate infonuac,nn to the Pl :111ning and Zon ing Conunis.;ion . acknowledging 1ha1 her means were
limile.d and her m:du:ds ~ere amate ur . She was 1rying 10 indica1c what is going on with !he rcnl cs1a1c m
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the a,ea, die .aid, Pt1111oln1 and z.aaJ111 ~~-... a 195-.1 nllC. whiw Ms. TOIIIUIO
saM ~hc .::..,.;,<'1 think ii ii q~itc that high , She aiil • bu lllllic:lma-.daus iocn:uc ill Illes or
houses and slie knows oriwo inswnca where IJ«'l'I• have moved...,...., ba:ause or 51.ud-lly. Sbc
f•,ls It is a ,,.,ighborhood at risk. and yet tbcn: arc sc:cond and third ,-nlion En&Jewood people the"'
lllld f"-'llf'I• like b,.nclf, lCIChcn who &IC DOI .rido caough to tp Im~ Sbc said she likes her
uc i;!iho<'-1. and would lik6 ror Couacil to look at the iaforma&ica*prclCllled aod see bow ,'!1 risk we
:UC IUld S1:C how ,._ need to Sllbilize Ibo aci&hborhood. 5omeoac is ... to QllllC in 10 buy I house, and
,rstand-By opens again tomorTOW, you've aot the dnulkl and lbc bypNormic nccdlcs. she aid, and Iha!
pulS us at own mo"' or a tremendous rilk. Ms. Tomauo said sbc allD .,i.c with the lntenlatiolloll Bead
Trader, wbo ....,nl)y moved back next 10 .,_lold. and be told la lie IOI!)' DOI be able to be here lonighL
He expr0$5cd to Ms. Toniasso till'! he llfODl)y feels the I•~.....,_.,, aae,,cics sbould be moved
10 indllltrial .,. .. , and cxprcss!Od lllc san,c conccrns th. t odicr ..,.__,. ha\,: expn:acd. Sbc
!hanked Cou,.:il ror rollo"in& tllJouah ud l>aviJJg Siano-By c:loa --SJ,c "'minded Council lhaL
when she spoke 10 rhcm previously, she aid she wanrcd her daupec, • be able to ride bcr bike around
1hc block . She said 1hcy did !hat the other day and l11cy didn 't haw ro.w:can)1bing illcgaJ or ugly. She
opined I.hat what Counci did main1ained her daughlcr ·s innoa:ncc.
Torcso Harbaugh, 3575 Sourh Fox Srrcct. said she is carry-corner r-._.,r ~y. which is on Fox
Srrcct and Ithaca Avenue . She said she has been in lhal building m,;:Scplanbcr or I 99J.. Prior 10 ubor
Ready, Lhol buildillg was an Anny Navy recruiting CCIIIU. sbc ....,_.._ E~ bas changed since
Labor Ready moved in, she mid, much like Slalld-By, 1hcre is all ,.. llillcr, beer cans in Ibo alley and gin
hollies oa lhe sidewalk. A couple ortimcs lheR have bccll clulrd lllp:aad slecpiD& llus in bcr window
wells, and vatious types of 1111SL Sbo said sbc is af"!id they will ••Jl;nnd bum lhe ' ldiA~ dmm. Ml.
llatbaugh said she told lbc police aod lhcy said they a,uJd iiu-.. 111111' IWIY, but u •. docsn ·1 gel rid of
lhc people who arc banging around lhc,.,_ She bas found clolhill& ...:icd in Ille bushes. aad she opined
lha1 ii jUSl doesn 't rcc1 riglll 10 be near all of t.biL She hau mail.,..... busincs5 in Ibis building and docs
not have a lot or walk-in lmllic. and this is llOI her primory dwclliaS,.lbul she nevertheless asserted rhat ii
is scary 10 be rh<r• somclimcs by hcJ>Clf. The people all cul riglll tbmugh her property. in 1ha1 she is
bcrwccn Labor Ready and Taco Bell . When her son washed his car, oeccully ar lhc d<>-il•)'OUJ>Clf car wash
across lhc SUCCI , he bronghl the car over to her lot 10 dry ii off. aot,.,... approached by several Labor
Ready people who asked him for nionc). Slie docs 1101 foci safe. sac.said , and ,he is 1>01 sure whe"' rhcy
can be rcloc:llcd, bur 1hc bollom line is mponsibiliry and 1ba1 ll<lCdl be addressed . Ms. Harbaugh said
her property ra., 1-,s gone up . bur she reels lhc property val ues have J11MC do .. '11 . and it is di=lly related 10
lhc temporary business.
Colleen Burke. 3594 Soul11 Bannock Strccl. said she has been a raKbl for .scvenrccn ycan. She ICStiJied
1ha1 she has picked up used syringes on lhc comer or her 51,.,.1 dose Ito 11,c apartments where a man was
murdered lasa summer. She :ldviscd she called Ncigliborhood Scrvu::s because she had six lr.Ulsicnu
camping ou1 behind her house . Her neighbor put his. house up Car sale 1"0 weeks ago bc:c:wsc he said the
neighborhood is gelling trashy. she said. Ms . Burke said sbc ,.isl,es,;Jic could blame lhe day labor.; or Ilic
lcmporary cmploymcnl services. but she ca11 ·1. What's happcniag iim lhcr ne.ighborhooJ is happening in
51,.,.IS all over Englewood and it doesn ·, have an)1hing to do with dillJ labor. sllC s.iid . She said she docs
not fccJ ii is fair or conducive lo business 10 allow 1hcm 10 have opcDGi up their businesses and 1J,cn tell
them they either have to rcloc.11c or get 0111. If day labor busiOCSiC5 ;arc this dangerous and scary, what
sense docs il make 10 1110\'C them from one neighborhood 10 al'lOllM:I.. ,he asked. She said she docs not feel
that a "not in my ba ckya rd " approach solves an)1 hing. Ms . Bwkc. liccls we need strict codes and stric1
cnforccmcnls. as :111cs1cd to by Mr . Cla)10n . Mr. Lester Jnd Mr. Sturk. People nrc 001 making a conce ncd
eITon 10 call and gel rheir neighborhoods cleaned up and ge1 IIJCK pm,ble1ns t-0rrcc1cd, she opined . Ir
anybJdy, a business owner. a home owner or a landl ord.. i.s brcalwJ ~ ~ being a nuisaocc or causing
trouble. persi stent legnl recourse will eliminate them, not rczoni.agl!hcm ouL She sai'1 she loves her city,
she loves where she lives. and she would be willing 1010 111 any gnnqp or commiltcc where we can s1.a.n
balewood Ciry Council
Jaac:2, 1997 .... I, nu, oi'> M1ow,l;c11 '4.
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n,wnping our nei~ ~a liriniin& tiactc lhe on~~ arid monle or our city. Mt. Burke said Ille
..,.. not believe aalng ■ businca.'wtlcrcthere are n.al,y pea~ wHo WOf1c lfhelrbu1U oft'Mfyd■y, to
relocate, is the approach tluK the (;lty ~ to talce. '
Jim Hannlfln. l 142 South Clarluon Street. Sllid. in answer 10 Council Member Hllbenicht 's earlier
qucslion. tcmpon,y services locate in Englcwoo 1 because that Is where tl,i: i,-".•le live who wcir1< fbr
temporary services. TI,ey would not locate in C'.,eny C!reelt because !here are , : people there who won
in day labor halls. With repld to the Olhe, qtcstion about transponatlon. he ··~.,,. 1rantp0natlt>n to the
industrial arc:is is margirial. ~ally compared to the twenty.four hour bus lb . goes up and down
Broadway. He said lhe City orEnglowuGJ should not take the drutlc, and pmb;,oly illcgal . llep or
changing land me regulitioi,s to evict a class orbusin...,. from South Broadway. namely day labor hails .
1n11e,,t, zoning laws should be used to pre.ent a simll ■r conccnlratlon orbusinesses in such ■ sm■II ■rel .
Additionally, be mud. existing laws a1MI C<'·~ should be erifbrced. He aid he was told that Stand-By was
never SCMd any citations by the City about nny problems . He rett that was wonh noting . It remains to be
sa:n whclher the problems associated with the business at Broa<lway and Bates. with Stand-By In
panicular, will go away now lhnt lhc largest and busiest busine<.S on thEil comer is closed . Rather 1han
going forward now with a measure to change 1.oning, 10 clo~~ up vinblc businesses. he opined . 1hr ":ity
should wail to sec ff problems continue enough to warrnnt such a solulion . The zoning chnnge itself wu: a
wlution conceived by the Office of Neighborhood nnd Business Development. together with citizens.
initially to salvo the problems attributed . rightly or wrongly. to Stand-By . Now tl>at they are cloocd. rather
than set a ,·e,y negative precedent and open the City up to law suits. Mr. Hannifin urged Council to take
lhc time to assess the.-or Stand-By's closure and look into ather more rational and less reactionary
sol utions. He suggested n,qiriring off-duly police officers or their own ""'"rity. which was apparently
successful in tltc past . He poinu!d oat the irnponnnce of business to Englewood and the imponance of
transponation and oc:ccssil,ilily to time people who roly on temporary Sl:lffing sc1Via,s to cam theft
~vlng. He concluded by saying lhat selr-righteousness hns its place. but he does 110! lhink it makes good
public policy .
John Loozc. 2935 Sourh Acoma Street . urgcd Council to look nt wl.,1 the Planning and Zoning
Commission h.,s requested of them . He s.1id he has 1cs11ficd nl every Pla,ming nnd Zoning Commission
hearing. Srond-By Personnel and Kaiser Pcrmanenre nrc directly across rhe street from him . He bough!
his house in 1992 for a:1 c:<trcmely good price. nnd he s.1id he did t101 rc.11izc why 111 the lime . Tite
problems as.socfatcd wit h day labor became npp.,rcnt very soon. haWC\·cr. The)· would put their vehicles
on tJ1e cast si de of Acoma. he said . They would urirnuc. they wouht dcfcca1e. sleep , drink and accost
residents or anyone else who walked by. Mr. Loozc said it 100k him ,,bout a year and a h.1Jfand about 150
phone Cillis 10 the police, who WCf'C' \'Cry coopcmtivc. in order to stop these people f,0111 p.1rking there . He
opined th:it the real problem hcrc i th.11 when you lmve a silua!ion like a day l:ibor agency. lhey can only
control their area and they arc only in control or these people when they arc on 1hcir projX!m·. Once tl1cv
leave their property . they arc no longer the responsibility of these busin esses . There is no w0y to lcgistale
wh.11 people do once they leave thr.ir pince or employmenl. he said . And been use lhcy arc whnr tht.-y arc.
day labor. poid daily . once they leave the propcn y there is no way 1h01 you can legall y hold Srand-By or
any other personnel 0\\TICr liable for wh:11 nn individ1111l docs . You .;,1n'1 hold n business linbl c bcc.111sc
their employees arc shooting up dope down the street or brc.1king inlo buildmgs or homes or accosting
homeowners . There 1s no wny to con1rol th:-11 . he a~ned. :me! :l1111 his why !he Plnnning nnd Zoning
Cor unission !ms sen t Co uncil whnt lhcy hnvc . Day lnbor 1s 1101 n vinb/e bu si ness an )"',,hcrc nenr a
residential area. he staled. because 1l1ey cnnnot be co111rollcd .
Jerry Bernard, 2763 West Long Drive . Li1tlc1011 , told Council 1hnt he formerly lived in En •lcwood for
about 40 yC3rs . He enjoyed thnt lime and served on tl1c Plnnni:1g ;rnd Zoning Commission while he was a
r:si dcnt. He snid he was nnd continues 10 be n member of Mayflower Congregarionlll Church. which is
loc:.itcd at 1he co mer or Acoma and Camell. He s:1id he has SL-en changes in the neighborhood . which he
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bn't1U1ebtcuau.:t1y11tribuls10-or1,W11adaa~, l;ledf!ot"""•...,_r,IIM\lthc
stalf II the churc:11 does aot feol...ron.blcdllrillai..-,lillll witlloua llloF locllcd,. TIJfl,il a
fnlstnt ion to him because he can remembe r I time...._ il'tlloy forgot to lock• door. it didn 't make
mucll dlO'e,oacc. Now tbo doon an, locud IIIOII oi l•--. evaa o,a Suadly lll!'IIWIIS there arc dgf)JI. ,
lh8I arc llrllogically locked . Tho lollilclina hujd .......... 1 l·d<ed ron..a. be said. Mr. Bernard
stated that, as he hBI woduod ■nlWld the cbl!lda ~ 1111111 imidc and out. he bas bCCll approached on
occasions by peop le JookiAa for IIIODCY, food and......,__ Some identifi, I themselves as bavina COnJC
from Stand-By Pc1>0nnd. whe,a, IOClOldill& IO lbaa. lka.,.. ao worll a> Ille)' were looking 50mewbcre
else . Al I recent cb:m:h IOW!I ~&, he advilal. 1 --~ cm6dod tllal she hid driven to the meeting
bccausesbc was afraill to walk the IWO or three blocb ID .. dlln:b. It ii those kindsofthlugs. he said,
that h: ii ;onccrncd about. Zoaing diSlrica arc craial to,.-..,1 the usc of propcnics as a prolcction for
rcsidenu, owncn and 1he City. While the exisicocc: ol a~ cmploymcnl agency is aot a pormitlcd
use within any ofl!,e B-1 , B-2 . 1-1 or 1-2 di icb . slill -arc dlose businesses in those arcasi he Slated.
It is not the fault or1he neighbors that 1he businesses arc dlae, he said. so this ii not• neighborhood
problem. this is n Ci ty problem 1h11 needs 10 be adrlralm. II bas been addlalod by tbe Planning and
Zonill& Commission and he Slrongly u,aod Counci l to ampl their l'CCOIIUIIClldaoo.
Carolyn Cl ayburg. 2819 Soulh Bannock SlrCCI. 5lal<II lhrtt liff ocigl1borhood, wbich,consisu of a lot or
seai<,r people. has also been imi-cted by the ,ay Iha• ilia& Clbcr people have been talking about U1is
evening. Since day labor places bhc never bCCll a -:llfli -. she ursed Couacil to awide : 1he
Plannins and Zoning recommcndauoo vuy icriously--Nke ii a p -mined-.
Libbie Gollsebalk. 2904 South Grant SUa:I. ud 300 Eal 8IICs AYCnuc. asked <;ouacil. since the ca,l ier
reading of bcr and bcr siSler 's t.:ocr will 11>1 be ia Ille....., RaWd. if &hat means &hat it will not be read
and romidercd by City COWICil u ws clcciswn is ..,.
Mayor Bu:ns suggcslC(l llllt Site ask lhot it be made a -ol LllC public record. Ms. Gottschalk said U,cy
woulo iikc 10 do so.
CcJncil Member Clapp reminded Mayor Burns thal Ile J11S1 !Oki Ron Gold no and H should ei ther be U,c
same for both or nol at all . Mayor Buras replied lbat. wna Roa Gold asked was whether hi& previous
testimony could be used in llie public hca:ing. If therc ,s:a ,.-riuen document that they would like to
submit for the public hearing they may do that. Ms. °"A> said Mr. Gold had 50mc things Ural dirccUy
related to pawn shops that be waa4<d to be considered wlltaia the hearing. She sa id th e 01tly point she is
malting is that"~ should be consiSlenL
Council Member Wiggi ns said he thinks wo haYC bcald llle lCSlimony . He said he has heard it once and
docs not need to hear ll twice .
If Mr. Gold wnn1 s to rcsubm il his materia! tt' :he ~,c lleariag for thm purpose. Mayor Bums said he
docs not think thnl is a probl em. Ci ty Atta, ~ Bl'OIZISa a>ocWTcd .
Ms. Got tsc halk repeal ed thal she would like to rcsub.lUI llhc ic:trcr. Sh e also poinlcd oul th.ii lherc is an
anachmcnt 10 lh at lcn cr, whic h co nsbts of :-!, ~gna'-'W:S wl eh !M ere gathered in less than two hours thi s
afternoon from ne ig hbo rs who arc in suo1 ig -:.oncunm:c. She asked 1Jia 11l'C signatu res be pan of the
publi c record as we ll . She assc ncd that it is im pcratn,c Iha& Cou ncil li s1cn to the prcpondcra ncr. of the
test im ony gi ven here and al severa l other ea rlier hc:mn;gs M.s. Gott sc halk sai d th.11 Coun ci l's c.1 rli cr
dec ision 10 de ny S!and •By ll M:i r contin ua net: was c~ u the best publ ic interest and she docs not
beli eve Council c.111 do any less wi th 1hc dec isions thai! .arc before lh cm now . Sht sai d she is ccnain they
arc hcanng wlml is bei ng told 10 them . tha1 ,his Sl t~JS unconsc ionabl e .
lnalewoo,I City CCN1ncll
June 2, ,,,,
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Mayor Bllms uked Mr , Oold lrhc would like lo rcsubllil his previOUll'Clocunierill lbr the.,..,,... orthll I
public beumg. Mr. Gold resi,oncldll elnrma'i:my. Mar,lr Bunls mid lhey wm be-· 111,1 ,.1, ,
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Tina Holonbel<. '27:11 Sood\ Shennan Stroet . lcstllled that she has the llllllO problems lhal Mll)'OIIC alle
hu. She aid she no longer ,upporls tltc businesses along Broadway because she 11 ■rraid to get out ofllcr
car ind Wilk to the buli-. She aid she does nol shop Iii the King Soopen beca111e she 1w been
panhandled too many times in that 101. Ms . Holonbclc shops inSleod at a King Soopers or Sarcway near
her woit. She will noc go in lhe video Slore or In tlte new businesses where she would at1Uaily like to Siop
in jlll1 lo see what 1hey ha ... She said she has been hassloil in her fronl yard while weeding her garden.
She was told by lhe City 10 de up her ,log, wllich she did. on a rope lhat reaches just 10 lhe fence . The dog
is more than welcome lo have uyon, who conies into lhe yard. she tom lr.ented . Although she Is a renter.
Ms . Holonltek Did she Is tlrcd or daning out beer boulcs l'roffl 1he alley and does noc want to 11 .. in this
11eigliborhood anymore.
Jim Rees. appearing on behalr of th<, Greater Englewood Chamber or Commerce-and its Board of
Directors. presented • leuer or position . which he s.,id is probably applicable to both hearings. Ho said he,
is sure they did nol want to hear it twice . He re.id. "Mayo r Bums. Members of Council. tJ1c Grc.1tcr
Englewood Chamber of Commerce, wi1h 62, cum:111 niembcrs is an organlza1ion of Englewood
businesses and residents. Dnc iinponanl function of lhe Challlbcr Is 10 represent Englewood businesses on
issues whidl our members believe an: impor1nnt lo us and lo the community . We arc asking IM Chy
Coonril to cm:fully consider the impoel or passing intrusive. burdemomc IIIM, regulations and 7.0lllng
rcsui ciions which arc based on perceptions and ctnolions. rather than facts, and which do not reduce
crime, da no1 impn,ve neighborhoods or the quallly•ofiire in Ellglewood. Any business or resident can be
II nuisance. but that does not mean WC should reSirict or zone out all t.usinesses or residents of that lype.
To do so would reslrict persons who have somc1hing 10 offi:r 10 the Clly 'o(Englewood . The OlAmller ls
finnly commincd to policies which encourage a slrong business climale , supports neighborhoods. and
community improvc1ncn1S. Our cuSlomers. oor employees. our members live and work in Eoglowood .
Vigorous enforccmenl of existing laws and codes is a positi\'C means of improving Englewood's
communities . The Chamtx:r is 1~01 in favor of rcgulnring and restri ct ing business to 1hc ex1en1 1hn1 tJ1e
atmosphere is not welcoming. Englc,,ood should welcome businesses wilh 1he job opponunllics. the tax
dollars nnd community suppon they have 10 olTer . Our Englewood businesses have chosen 10 be in
Englcwocd out of lhe cnrirc na1ion nnd lhc world . They have invested in Englewood with savings . time,
hopes :md dreams . Often al great personal expense. lhcy l.ive purchased land . buill buildings. remodeled
buildings. leased Sp:\Ce for their businc~. Busirn:sscs suffer from the same crimes. lhe same graffiti. the
same robberies nnd i>urglarics , the same random vandalism ns all olher residents of the City . Collcctivel}',
their commitment and tl ,-:.i r investment is huge . Although it would be e;~pcnsivc. those businesses can
end will move ifEnglcwo ,d docs nol crcale a welcoming and hospilJlble climale . It is inlcresting to
observe tluu , even though those businesses cannot vote . lhcy p.iy 1axcs nl n rnle approxirn.11ely tJm:e times
that of residents. Englewood 's prospcrily comes from the hard work aud sacrif.cc or Englewood 's
businesses who collect all lite sales L1.<CS. pay 1he gn,at majorily of propcn y laxes for Englewood city
service.:. and schools . It is no secret 1ha1 t!uslncss 1oday is nlrcady burdened wilh numerous laws.
regu lations. recs . reports and licenses :11 every level or government. Impos ing more rcguln1ions will make
businesses less likely lo set up shop in the City of Englewood . In sunun:uy. ii is for all of these reasons
!hat we arc here this evening once again io cnrcfolly consider lhc imp,icl or11111lCCCSs.1rily inlmsive nnd
burden.some laws. regulntions and zoning res1ric1ions which arc based on percept io ns and emolions rather
than facts. which do not redu ce cri me , do 1101 impro\'e nei ghborhoods or lhe qual il y of life in Englewood ..
Paslo r Clyde H. Miller, Jr .. 175 So111h Jasmine S1rcc1, Dc11ver. works 01 3001 South Acoma S1rcc1. which
is the Mayflower Congrcgauonal Church . He said he wishes !his was an occasion when he could really
dialogue off a rebuttal to lhc previous speaker, but he will nol use th:u occasion at ten o'clock at night. He
said . as a part or his respo nsib ilily for lhc c.,re and 1hc uurturc or those people who worship al 300 I South
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fJ ,, s; 'iHL"L
U, ,q
Acoma s1-. he ii...,, -..:11 Ull<llallll• •.-UIJ o<µrc oCall al"~ µ,any ofwl!om a,c ,
re, idcnll of !his community . As I put alliJ raponslbilily, he said he hal apparcd here regularly wilh
llw PIUUWII and Zonia& coraainee io •--euQIII dlll would GI~~ anq illlpl'OYC Ilic
quality of life af. IOl only lho mcmbcnal• _._, CblllCh. bul Illa all "l°lhe ~ in nonh
Englc-,d. Oul o( 1U1.. ho /said, Ibey "--Iii lo -IGFlher la IIICb a l"'Y u lo orpoiza so Iha!
lhcy mighl enhance lho qualily oflile. la .. -. he aid. he would WSC Co\lneil 10 liSlcn cardlllly
IU Whal IJIC Planoing and l.onin& ha,..~ ...... He ...... lbc quality of life in lhis CRIDIDUnily is.
very 1cnuous quality of life. U very muclli depends on Council's positive response IO lhosc
rccommcnda1ions, lhal would cause I.Ir: ' oo of some of lllcsc businesses. which arc not aboul Ilic
qualily al life for us. lo ldocalC dlcwlll,. -Miller said he is IIOI anai-ousincss, bul he is pro-<1uali1y
of life for our people in the neighborhood.. He allral Council IO plea,c voce posilively for Ilic issue llml is
befo,~ !hem.
Carlene Walker lcstificd lhal --_.,-. 2.91) and 2901 Soulh Bruadway . She said she is llllll
evil lady wbo owned Sland-By Penomd. _.... ,old on March 30, 1997. i:he Slaled IJ,a1 all lhc
1cmpomry help services OICI wilh Mr. Slill llftcr lhc)' a,uljln '1 Fl ~r. Simpson 10 come 10 a mcc1ing.
They received RS1Uranccs from Mr. Slin ._ ~ help services were going (o be grandfa1hcrcd in,
just u pawn shop arc, and so she ,aid ... ...._., There ha< been mo •: lalk aboul SL1nd-By and
ICmporary help services beiag an illcpl.-ity. If ii,..., why did lhc C1 ,. c;rm~ u, a license 10 opcralc,
she asked . She Slid sbc his bcca lied •-1y, ~ said lhcy were only going IO license us, she
said, which lhcy did, ud lbcn ll,cy...,. ill cm,:J;e Zl)niog. She said she docs 1101 know why lhcyj!'51
don ·1 know bow 10 ldl lho lnllh. She ... * Ian 1i-IIOO ladies lalkins aboul Slalld•By !lill bciog in
business on~. bul Slud·IIJ ill -ia lloosillCIS OIi Brmdway. 'The company she sold ii lo wcnl
down to City IIIIJ 111d triad to pt•..,.... ao fill ouc for a licenlo. bul were told lhcY were 1101 goilljJ
10 be given a liCCIIIC so Ibey woulcl -1c.-111 application . Alla ,bedting wilh lhcir lawyer, she
said, Ibey bad to give lhcm al least 14 ..,iic:aliaa lo fill OUI ucl nccdJC5S IO 5ay, lhey saw where she pu1
Ille application. right in llie tra<h. SIie said 5llie docs 1)01 unclcrsland Ille Ci1y. This is an ab<olulc cily of
hale , she said. She said she docs not"-wllal Bible lhc rcvcrcnd is reading oul of, bul ii is no1 llic
Bible 11111 she reads oul of. Ms. Walkagjd 5llie has lricd for 28 years IO protccl and help poor people and
people wilhoul jobs and juSI docs --wtoa,: he is comias from . Sbc said , by 1hc way , ll\01 she lw
heard 1ha1 he has pr.,yat for her, and llticoag,cgalion has come up lo her ancr these n1CClings and asked
where Ute horns and 1ail arc 1ha1 lhc l'OICl'Clld iaJks nbout 1hal you have. She said she can ·1 believe a
mini<tcr would do lhis. She Slalcd !hall she has hcord Mr. Gold get up in from of lhc Planning and Zon ing
Commission and rave on and on aboult St111d-By PelliiOftncl being a mulli-mi llion dollar business . After
28 years, Ms . Walker said yes. she hatl,hlill it into lhe biggest, most sua:cssful lcmporary service in lhc
S1a1c of Colorado . 15 he jealous. she aobd. adding Uun she just does not undcrsland where he is coming
fron1. We have asked fer police rqx,ns. w said . She rclalcd !Ital she 1''Cnl down 10 Ci1y Hall and asked
for lhcm . Aller Ille 1wo ladics huddlcd..tien Lbcy found out she was from Slan d-By. 1ney 1old her ii would
cost aboul five or six hundred dollars. Ml. Walker said she told them thni was fine . 1old 1hc111 10 charge
her and asked when 1hcy would be ~• T~• lold her ii would Ix: a "ttk or lwo . but they wci< 1101
ready when slic called lhrcc wcd<s laaot.I1n wodu; la1cr, and SC\'Cn wecks ln1cr . There were no reports .
She said she Mill lo Ille police lhr<e:,aB •....... all oflhis Slllllal and told lhem ,hat if Uiey l•'Ul any
probicm wi1h anyone in 1ha1 ncighbodiood ~ 1hougl11 was working for Slnnd-B y, 11,cy have a computcr
and they should let her know aod.. If tlac)t "'ere working for tl1cm . she would fire 1hc111 . Tl1c police never
came to her wi1.h this. she said , not om.::c. Al me City Plaoning mee ting wl · n 1hcsc l11dies got up and s.1i d
t.hcre were illegal aliens ca 1npcd aJI ~t ir the building beside her. lllC)' s.1 1d 1herc was broke n banks all
over her lot s. She took 1he new owtu:ll' dowr there 10 sec :ind there wen:: no broken bottles , and no one
c.1mping in the lot She s.1id she 1s so, Sick a ld tired of 1hcsc women caliini, the ncwsp.1pcrs . nnd th e iV
s1:.,tions . and talking about not having rcsuooms . She sa id she has three h,1 ndicapped restrooms and she
said she gu.1ran1ecs they arc cleaner a lot of people who ha ·,c been u~ here .
11:n ..... ood City Council
J-1,1!197
l'1pl2
Mayor Bum, illlled M,. Walker 10 wmp I'!) fairly qul::ltly becnua, Ille -111111111 to pt -tac
• I '
She said she would 1ell Council where a'ldt bflhclr problems were coming llom, and II is ... --,.ary "
help ICMCCI . Thl1 neighborhood, on boUI sides. 11 loeded wilh drug and alcohol uc:a-.-llr:iq
run oul oflhelr homes . People come down from Deim:r and up from Lillleton, she said, 111d _,,_
inlo thclc neighbomodds tllrowing oul their syringe,. She said she has followed them . She sailt*
would wn,p up , but lw. • lot mon: lo soy . She said ii is such a pl<asurc lo tallt to people wllo -:y
arc better than 01her people .
Ray Tomasso. 2998 South Bannock S1rce1. said he anended 1he nrst ncighborliood mcc1ing wilh Cllrlenc
Walker, 81 which she SISled lhal she bough! the building wilhout knowing dial there was• liqmr:-
ncxt door or a bar. We arc lalking about, person here who buys propeny wi1hou1 investigating ta
neighborhood, he said . On her Lhoughu on drugs, Mr. Tomuso commented that he was._... by a
person walking otT of her p,opcny 10 buy New York prcscripUoa drop. Whee he rc1t'""'4,"--....
he called the police and filed a police report . In !he monll/ since Sland-By has been clooed. ~-T-
said he has nol had io remove liquor bonlcs from lhe baclt yard. clolhing or syringes. He hll ,_,,_
approached one,, by someone looking for• job, and Iha! was Saturday nighi. he said. The ~ is
quieter wilhout Stand-By, without Carlene supponing her diamond• oa her finger,;, which Ille -is wlly
she is In l-usiness. He said she is qUOlcd in lhc Rocky Moonloin News as !hanking~ ,a lfll<
business for U,e diamond she Wll5 wearing. He said ii is 1he neighborhood !hat is ac ri!k, ... Cadalo •
lhc fact lhal she sold her business. The Cil)I gave her a 1emporary liawe. be said. 1ha1 --
1.ran!ferable. There Is n moralorium on business licenses. The person buying 1he bu<illCIS .__, _
invcstigaled and Carlene should have lold him 1tu,1 sl,e luid a lempora,y bu!lncss licclUIC lllal --
lrallSfemble. II is not lhc Ci1y's fouh 1ha1 lhc new business owner does not have a businea -ii ii,;•
11,c Cily's faull lhnl he opcnlcd for a month wilhoul 1e,ling you 11111 he was opcrnting, IUld dim -for •
ana her 120 days 10 opcra1e, which Council did not grant Mr. Tornow., rcmindl:d Couacil dlat lkCily
hns ciled lhis business for operating after lhey wen, lold lhey coul{ •IOI •:lo basi.ness . He Slid~ pul
a sign on 1:.. door, locked 1he door. and lhcn picked people up in lhc p,~ag lot . and lhat is._-.
you are dealing wi1h . Sh, owns lhe business ncXI doer anti she is Slill runn iug a labor hall r.at-. he
insisted, ii is juSI no11hc scale 1ha1 S1and-B y was . Sland-By vans are still cruising d0\\11 Acoma. dnppug
people off al tltc bus slop and 1aklng off. II is a 1wo minulc Slop 10 drop somdJody off nl 1hc bas...., ■ad
continue on into Denver. he snid . You have labor hnlls in Denver that are on lhc bus rout.c. lf )'Olllilo DOl
pass this zoning ordinance. Mr. Tomasso roi d he would like to apply ror a license to do bu.sux:a::amnss
from lhc lighl mil Slop . He opin,:d 1ha1 would be a really nice ccnle1J>1CCC for lhe dcvelopmcm. Ylh<:n. be
said. he would like 10 apply for a liquor license 10 open ncxl door 10 1l111. According 10 1be Cllamliicr or
Commerce, he said. he would also l'ke 10 propose 1ha1 his ordinance, lhe wai• he prcscnled Iliac .,..,;d
include houses orprostiturion, adul1 cn1cnainmcn1 centers. and massage parlof'S. because me,-a:soi :arc
businesses 1ha1 pan or lhe population could be employed in, ,.,mid auract rcsiden1s and wou ld r:use S>•Jes
tax. The question is. who wants to locale nexl to them or live next 10 them . he asked.
COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO CLOSE THE POBLIC
HEARING TO GATHER CITIZEN INPUT ON AN AMENDMENT TO THE CO!lfPR£BDISIVE
WNING ORDINANCE REGARDING TEMPORARY EMPLOYMENT WNING.
Ayes: Counci l Members N.1bholz. Vor111111:1g. Wiggins . HMC:rudu.
Waggoner, Clapp . Bum s
N;1ys : None
Mo1i on cnrricd 1111d the public hc:iring closed .
10. Consent Agenda •
•
•
•
la .......... Cily c..,_,, J-z. ,,,.,
hae23
J1 IIUI), )btl{)H•I tJ
l.'t'I • nul
1· .~
Mayor e... ..._ .._ dlerc m some ordiuanc:a on the consent agenda with regard 10 pawn shops
aad lolllpDnry....., C-.Cil's practice, he explained, is lo 1101 vote on ordinances on second f!lldi113
whcft"" blw a,.._ i-iag and M ue coali•aurith 11111.• SOlii, oCthcsc ordinances arc b:ing read
ror a ......i lime • finl radiag. The reason is, lie aJd. "' avoid a gap ,n the mora1orilll'1 on the
irsuance on11m-lia:Mts, so"~ arc 1101 adopting ti-on second reading. Uicy arc finl rc.1ding Hems .
(a) Aflpnlwal on Ordinanc:a on Finl Read ing
MAYOR ■URNS UMOVED 10 (a) (ii) FROM THE CONSENT AGENDA.
COUNCU. IIDlll:.R HAIENICHT RDIOIIED 10 (a) (¥Ii) Fll!)M THE CONSENT AGENDA.
COU ll'CIL MDIKR NABHOLZ 11£M0Vt:.'l l O <•> (rill) FROM Till CONSENT AGENDA.
,1
COIJNCD, MEMKR VORMITTAG REMO'I ~ D 10 (a) (Ill) FR'.)M THE CONSENT AGENDA.
COUNCILMEIIUER WJGGINS MOV::D, -""D IT WAS SECONDED, TO APPROVE
CONSENT AGUIDA ITEMS 10 (a) (i), (iv), (v) ud (vi) ON FIRST RE.\J.: ':G,
Ii) OOUN CIL BILL NO. 5 I. INTRODUCED SY COUNCIL MEMBER
wtooms
C
A llll.L FOR AN oaDINANCE AUTHORIZING TWO AGREEMENTS ENTITLED "PIPE LJJIIE
LICENSE" BETWEEN TIIE BURLINGTON NORTIIERN AND SANT A FE RAILWAY COMPANY
A' . ..011£ CITY O'ENGLEWOOD, COLOP.ADO .
fn:) COUNCIL BILL NO . 4 7, INTRODUCED BY COUNCIL MP,c!!ERS
W ,\GGONER/WIGGJNS
A Bll.L FOR AN OiIDll<ANCE AMENDING TllLE 16, CHAPTER 4. SECTIONS IO. 12, IJ AND 14.
ANDCHIJ'lcR B.SECTION I OF THE ENGLEWOOD MUNICIPAL CODE 198 5. TO
SPECIFICALLY PROll!BITTEMPORARY EMPLOYME NT SERVICES IN B-1 AND B-2 BUSINESS
DISTRICTS AND 10 Al.LOW TEMPORARY EMPLOYMENT SERVICE S AS A CONDITIO NAL
USE IN TIIE 1-1 M -D 1-2. INDUSTRIAL DISTRICTS. WITH DISTANCE REQUIREMENTS .
( COUNCIL BILL NO . 44 , INTRODUCED BY COUNC IL MEMBERS
WAGGONER/WIGGINS
A BILL FOR AN QillJ:llNANCE ENACTING A NEW TITLE 5, CHAP"'ER 16. OF THE ENGLEWOOU
MUNICIPAL CODE 19&5 PERTAINING TO AUTOMOBILE PAWNBR1JKEkS AND Wl-~iCH
REMOVES AUTO PA WJ.1lROKERS FRO l,l ORDINANCE NO. 25 , SF.lUES OF 19% WHICH
PERTAINS TO TilE MORA TORJUM OF I.ICE NSES IN THE CITY Of ENGLEWOOD. COLORADO .
l••I COUNCIL BILL NO . 45 . INTR ODUCE D BY COUNCIL MEMBERS
WAGGONER/\\: GGINS
A BILL FOR AN OiU)JNANC E REPEALING l lTLE 5, CHAPTER IO. OF THE ENGLEIVOOO
MUNICIPAL CODE 191!5 PERTA INING TO AUTO SALVAGE AND RECYCLED MATEl{JALS
Y AR'JS AND ENACilNG A NEW CHAmR 10. AND WHICH REMOVl:.S At;TO SALVAGE AND
RECYCLED MA 1BUALS YARDS FROM ORDINA NCE NO . 25 , SERIES OF 1996 WHICH
PERTAINS TO l1IE MORATORI UM OF LICE NSE S IN THE CITY OF ENGLEWOOD. CO LO P I.DO.
ltaalewood Clly Couacll
Jaae l, 1997
1 ~ J 0 1 ~ 11·11~11·4
"Pe t ·,nu l
r •~•q Pace2'
Vote....,111 :
Motion canic.:I .
Ayes :
1
Nays:
I, ,1
Council Memben Ntlbllalz. Vcirmlnaa. W",gia. Hlllenich~
WaUoner, Clapp, llunls
None
(ii) A n:ccmmendation from tl1e City Attorney 10 adopt a bill for an ordinance
1U(tll.
I I bni.
, In
authorizing !he new Coun.:i! Policy Mllmial was consld....S. Council~ Clapp sad. as she was
looking through 1.hnl , she saw so many n:strictions upon Council and she was 'M>Odering why we even
need sorm\hing 'llke this, sinu! ""'ha.le Roben 1f Rulea bf Order' nnct we ..., -t,y oar own City
Charter. Quire frankl y. she said , she does not sec ii as something that it ~ and she does not foci
she can 5UJ11JOn it as• Council Membc l. She said &ho noticed ifutt ooewela W bes revi""' so tlat if\
you hnd an old issue r111d you wan1cd to bring currcn1 or additional infonnation Clll lhal. you would have to
take it to a vote of Council . She SAld she sees this as b..-ing so restrictm -Caacil tltat it is a bit
ridiculous and she feel s it is being abused .
Mayor Burns asked if this is the same manual we have had . just restated. Ci«y Anorney Brotzman
responded lhnt it is the same manual. that"" have been going over policy penodicaJJy. it is that ,-i,
with ccnain revisions. that we have been doing for about a year. Mayor Bums med if"" have adopted
those revisions onc, by onc,, Mr. Brotzman said no. this "ould be an adoprioa oC all of those chanps.
COUNCIL MEMBER WAGGONER MOVED, AND ITWAS SECOlfHD, TO TABLE AGENDA
ITEM 10 (1) (ii) • COUNCIL BILL NO. 53 UNTIL COUNCIL CAN DISCllSS IT AT A STUDV
SESSION.
Mayor Bums said he agreed . He foll 1hcy should go O\'Cr the changes . before they pul them .. wholesale" in
the manual and adopt the m:mual.
Motion camcd .
A)es: Council Members Nabhol z. Vonnmag. Wigias. Habcnocl•~
Waggoner. Clapp. Bums
Na ys : None
(iii) A rccommcndntion from the Dcp 1nmcn1 of Nc1gbba.rbood and Business
Dc\'clopmcnl 10 adopt a bill for an ordinanrt amend ing the omprchcnsh-e .ZC..ng Ordinance regardiug
pawnshop zo ning and :u nending the clTce1ivc d.ilc was con side red. Cooncu ~tcmbcr Vonn u:a g offered an
amendment to page thn>:. in the upper rigill hand corner . n,garding the footage He said he miuld like to
chan ge the 2.000 fool dist ance ret1aircmcn1 to 5.()l)Q , He said. in the long ru.a. 11 wtll be C\'Cll less
pawnshops. He snid he st iil S.1!f .,cy arc all grand(:uhcrcd in now. and if they move oul. or lhcy can still
sc ll 1hci r locations , but . if 011c docs go ou1 of business . more than lik dy II w1 U DOI Ix able to ever be a
pawnsho p again . With a longer di s1ancc in rhcrc. yo u would have less an J 1-:ss.. he sud. and ii m.1~ lake
lcn or fifteen ycn rs. He asked Mark Graham how man y 5,(X)() foot areas ~-e oovld possih ly gel on
Broadway . Mr . Graham said it wfluld be limi1cd to abo ul three. there is aboum lb.rec nu lcs of Broadway in
Englewood . Clariiyi ng for Council Mc .nbcr Clapp. Mr. Vonnitrag said the !. distance would allow
for eight. Responding 10 Mayor Bums. Mr. Vo nni11 ag snic1 the ones"°"" •'COid ~I~ grandfathered in
•
•
•
•
•
•
~ Oly co .. dl
..... 2,1"7
Ii II ) (I ) l.lOOW •u
.. 25 t I ,I "'"~
,ir'!:11.•1
COll!fCU. MUMUR .VOllMllTAG MOVED, AND IT WASSIICOND~D, TO Al\1£1'!1)
COUIM!IL 111.L NO. '6 TO CHANGE THIE 2.000 FOOT DISTANCE REQUllllEMENT TO A
S,-,oar DISTANCE n&QIIIIIDIIINT.
Aya: Council Mcnlbcn Vonnlltaa, Wigi111, Clal!P, Bums
Nays: Council Membcts Nabholz, Habcnichl, Waggoner
Madoll c:arried,
COUNCll. BILL NO. 46, 11'ml00UCED BY COUNCIL MEMBERS HABENICHTIVORMITI.AG
A BILL R>II. AN ORDINANCE AMENDING TITI.E 16, CHAPTEIH. SfiCTIONS 10, 1:Z. AND 13, OF
THE ENGLEWOOD MUNICIPAL CODE 1985, PROHIBITING PAWNBRc».ERS AND AU70
PAWNBROKERS IN TI!E B-1 BUSINESS DISTRICT ; ~LOWING PAWNBROKERS AND
AIJI'OMOBll.E Pl 'VNBROKERS AS PERMITTED PRJNCIPLE USES IN THE B-2 . BUSINESS
DIS11UCT Wini DISTANCING REQUIREMENTS; AND ALLOWING PAWNBROKERS AND
AUTOMOBU.E PAWNBROKERS IN THE 1-1 INDUSTRJ~ DISTRICT AS PERMITTED PRINCIPLE
USES wml NO RESTRICTIONS.
COUNCIL MEMBER VORMrJTAG MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM It (a) (Iii), C01JNCIL BILL NO. 46, AS AMENDED.
Molioo carried .
Ayes: Council MembclS Nabholz, Vonninag, Wiggins. Habcoich~
Waggoner, Clapp. Bums
Nays : None
J'
(vii) A roconuncndation from lhe Dcp:uuncnl of Financial Scsvia:5 10 adopt a bill
bu anlimncr :-:-enacting a IOCtion of ~~e Englewood Municipal Code pcrtaini,1& IO Pawn Brokers
licemiag and removing ibis liccmi: from lhe moralorium and amending lhc effective dalA: was considered.
Council Yanbcr H.ibcnicht s:ud sbc pulled ibis i1em from the Cons,nl Agenda because ii was addressed
both ia • public commenl scctioo and people 11~rc Uying lo address ii in 1he public hcanng sec1ion.
allhougb ii was DOI appropriate for !hat and some of lhe pawn shops have indicated a concern aboul , oing
the fingerprinting . She s.1id she just warned to clarify and that her understanding was 1ha1 S:ifely Ser, :ccs
•~ .-iag witb some of tl1os, pawnbrokers and pawn deniers 10 lalk about whal lhis was and hor u
MJUJd at11 be a panicuJ.arty onerous kind of thing. Ci1y Auorncy Brot1.man advised we did meet with
.-ad.,. may still bave a disagrcemenl. He asked Sgt Collins 10 expL1in lhe reason 11011 1he
~ of Safely Services has requested 1his and w'1y 1hcy siill feel suongly 1ba1 ii should Le kepi in
die,~. CGuncil Member Habenichl nskcd if tl1cy wdl explain tl13L Council Member w,gg111s
a:xnmmled thac they do it in banks now. He said when you go in 10 banks you put your liulc finger on :i
lil!le pm(. it c1oesn ·1 lave any ink. Mr. Wiggins poinled ool in lhe docwncnl submillcd by Mr. K.1uf111an
cxU. S. l'n1I. it has IMl lillle columns indicaled a fingerpri• He opined ii is abou1 as easy as anytlung
1ou will <>'Cf find llr. poinled out lhc S1a1e of Colorado requires ii on your dri,·crs license . Council
Member Wiggins said he docs not think it is rm onerous thing 10 n person to pul a little fingerprint on it
C".ou.ncil Member Vonni llag pointed ou1 lhnt on the same sha:1 ii goes back 10 3 of ·73 that 1hcy have been
raking a fingerprint, so n h OOl like lhis is anyth ing new. they ha ve bee n doing 1his for over 20 years .
Cou.ilCtl Member Habenicht said n 1s also her und erstanding, and th al she may be wrong , bul I hlt she
lhought. because of the nmi l in ballot. lltcy were thinking of va lid.11in g voting with fingcrprinLs too. She
stated tben: scc:mcd 10 be some ct'lncc m so :;he 1hougl11 ii was imponan1 to address it
Easlewood City Council
Juae l, 1'97
.... 2,
lno&m l Hi ) l·1,nn;il II J
r tt nut
e1 1.•1
Sgt . John Collins aid he ,/gri,ed'wtdi Mi. Kllllftnan, 0... ....__ ._a~lor .,....._in, 1
number of'CIICI lhai conle fllilulfih . ......-.,i• "Yins •--lltt<uicUw llweaai~ .. __. be u
is responsible for, Uw:y may get a fewCIICII ycarlbat ..-....... lleaalllellll)'l.....,• IDlal'ilhe
pawnbnil<er cua on Nandwriting. lie explaiad 1h11 is .,_ .. opiaion. ROI sclcnlillc lact. and due 10
lack of oulSlanding excmplan of an individual• k-.,._,._. -r of these cua die in the wate r.
He said bis feeling is lhal wilh a fingerprint you have scicaa6c melhods lo follow In order lo,-,... a
case. Sgt. Collins commented thal whether ii is one, IWO or...., tllroughou1 the year you still have
,octims on !he one side versus pawnshop amomc,. 011 die...,_ To llim. he •id. lhc victims are
i,11!)<)nanl nr,,t whether ii is lhn:e , four or fh-e 1hrou~ !he JIG( ii is significant 10 him . He does nol like
, •. lei o:,c gel away. Sgt . Collins !<aid lbcy Uy 10 make ii 11 --,-i■1nsive u possible wilb iAkbs pads.
Banks art going ID them now, he .... ~ ~UC ID Ilic signifl=II -al fOl']ICrics and basically Ibey would
like ID follow~ to keep up with ii.
The City Clertt read Council Bill No . 43 by lille:
COUNCIL BIU NO. 43 , INTROD UCE D BY COUNCIL MEMBERS VORMITTAOIHABENICffT
A BILL FOR AN ORDINANCE REPEALINO TITI..E 5, CHAP11:lt 12. SEGnON 4, OF THE
ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TOPAWNBROKERS AND RE-ENACTING
A NEW CHAPTER 15, AND WHIOI REMOVES PAWNaOICERS FROM ORDINANCE NO . 25,
SERJES OF 1996 WHICH PERTAINS TO 11iE MORA-roaa.JM OF LICENSES IN 11iE CITY OF
ENGLEWOOD . COL.OP.ADO .
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECO ""ED, TO APPRO"i'E
AGENDA ITEM 10 (a) (vii)· COUNCIL l!ILL NO . .U.
Cour.dl Member Vonnirtag asked approximalcly how many.,....,. people have BCtually been caught, of
tl,c 25 or so stolen goods that she said lbc poti(r found in ,_ pmRS<ion. S81 . Collins explained !bat it
is difficult ID pull lllO!C Slalistics up because oflhc "~Y =-basK::ally brought forward. He noted you
may have a burglary or theft ca,c 1hal may no, result . in lhcemd. as a pawnbroker violation . l:lc: said be
wouldn '1 argue with the fn<:1 1ha1 P..'Ol>le get their propc;ty baock. i. that he would argue that a significant
number do not gel prosecuted due 10 the handl'-riling or a.ay IKII of any bcller ability 10 pnmx:uJe lbem .
Council Member Vonni lin g asked if somebody srolc some~ and '-"'35 gains to pll,li\'D il. whal: arc
lhe chances of him pawning ii Mlh a fingclJ)rinl saying whcpa,mc:d that stolen equipmeat or ~•ha1evcr.
Sgt. Collins said he was not su re what Mr. Vonniuag was dmug a1. Mr. Vonniuag e"Jllaincd lhlll all he
is saying is thal ir this i;uy knows he srolc i1 would he put bas ~ with that stolen cquipmr-.nt in a
pawnshop . Sgt Collins comnoentcd 1ha1 a 101 of 1hcsc pc:op lc::m: -rocket scicn1isls . He admcd !hat
what 's coming upon us now arc false JD's . If .a person bas b:ea busied before for a pawnbrokerviohulon.
he may figure 1h.11 if l.c just ~ind of scribbles his handwritiag. « scribbles his first initial or ~ltcrs ii io
some way, they won't l'C able 10 calch him . Those arc -llt•aglcs lhcy will take, be said. and
that 's why they r.rc crooks and a IOI of then. go 10 jail. bec:amlc ~~ do not learn from their firsl offense ,
Ci1 y Manager Clnrk said he 1hoogh1 wh.11 Council Memllc 'oruunag was aslc,ng wos how much of o
dclerrcnt is 1his. In other words if you stoJc an hem . and kzM0wtlgr you had ro lca\'c a fin ge rprint. is thal
a dc1crrc11t lo allcmpting to fence ii lhrou gh a pawn shop 5gsL CoUms slated that , based on 20 ycnrs of
experience. he would ha\'e 10 think lhal they would think twtl.X. Bcca.usc . \\ hec her or not the) arc able 10
fi gure out thnt handwritin g is nn opinion and a fingcrpnnr ts.a faci. or a scie1,1ifi c process. that they would
have to think twice . Council Member Vonni lln g s;11d 1h:u tM.111 "·here lie was kind of gomg with thnl. that
it would probabl y be c.1Sicr to find 1hc criminal who stoic tbt g~ He co mmcn1cd that he pcrsonnlly
h,,s pawned stuff :rnd l;e wo11ld11 "1 have an) problem lcavutg a ftngerpnill bclnnd on someth in g he was
goi ng 10 pawn or had 1tlrc.1dy pa,\ ncd before . 8CC?u:.c. he a1otcd. he has no l hmg 10 l11de as a regular
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lastewooclCllyCoHdl
,hael, 1'97
ii Uo ) -~J{J tu;oa)I;: 4
'"11f I.: tall
~ ,:,1'1 Pqe27
euslomcr. Sgt ColUn, adviaed thal even wilh lhe adwnt ~ false ID 's and whal qot. we do ha~ tbc , ,
abilil), of AFIS . Which is whal Ibey use, he staled, if Ibey come up wilh a questionable documqat )ritll-a
ficlilious name, bul n rcnl fingerprint They run lhat through the AFIS computer nnd if 1ha1 penon bas
been arreslcd bcfott, wllhin Uoc SlalC ~ Colorndo, ii will kick oul thcir,lruc idcntily .
Vole,_,lts:
Molion carried .
Ayes : Council Mcmbcn Nabholz, Vonnillng, Wiggina. Habcnich~
Wagoner. Clapp , Burns
Nays: None
(viii) A rccornmcndruion from the Ocp.,nmcnt ofFin.,ncial Services to adopt a bilJ
for an Jrdinancx: re-enacting a Rdion in lhc Engl wood Municipal Code pertaining 10 Temporary
Employmc1 .. licc1m,1g ilnd rcmOYing this license from tJIC momtorium and amending the effective date
w.JS considered.
Council Member Nabholz said that she jus1 needed some clarificalion . She asl<cd. if she wen: to VOie oa
!his IClllpOnuy employment issue, if ii could be construed as a conflict of inlercst due 10 her public input
prior to this lime. City Attome)' lllOtzman rulviscd that ,u Council ll1Cfflborl hive public opinions and all
Council mcmben bring those to the labic. He pointed out that as Iona u she is listening to the public
bearing. and hearing what evel)tody is ~,ying. that it is appmpriale to vote on this ordinance.
COUNC:IL BILL NO . 42 , lNTRODUCED BY COUNClL MEMBERS WAGGONER/WIGGINS
A BILI FOR AN ORDINANCE REPEALING TITLES , CHAPTER 13, OF THE ENGLEWOOD
MUNICIPAL CODE 1985 PERTAINING TO TEMPORARY EMPLOYMENT SERVICES AND RE-
ENACTING A NEW Cl!APJ'ER 13, AND WHICH REMOVES TEMPORARY EMPLOYMENT
SERVICES FROM ORDINANCE NO . n. SERIES OF 19% WHICH PERTAINS 'l'O lliE
MORA TORJUM ON LICENSES IN THE CITY OF ENGLEWOOD , COLORADO.
COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 10 (a) (viii) -COUNCIL BILL NO. 42.
Motion carried.
Ayes : Council Members Nabholz. Vonniuag. Wiggins . Habcnicln,
Wa ggo ner. Clapp . Bums
Nays : None
(b) Approval ofOrd in.,nccs on Second Rc.1ding
COUNCIL !WEMBER HABENICHT REMOVED lO (b) (Iii) FROM THE CONSENT AGENDA.
COUNCIL MEM!lER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS IO (b) (i), (ii), {iv), (v) ■nd(vl) ON SECOND READING.
(1) ORDINANCE NO . 40 . SE RIES OF 19?7 (COUNC IL BILL NO . 34 .
INTRODUCED BY COUNCIL MEMBER WAGGONER)
AN ORDINANCE APPROVING AN AG RE EMENT BETWEEN THE CITY OF ENGLEWOOD .
COLORADO AND SOUTH ENGLEWOOD SANITATION DISTRICT NO I FOR MAINTENANCE
lt■slewood Clly Coaacil
., ... 2, l'97
11 ,11wi, , r 1 1,110 .,:,1:.11 f
"V<•I ol
•·•se 21
OF SEWER LlNl!S QI' THE DIST1UCI' LOCA113D WITHIN/J"HE CITY OP ENOLEWOOD
BOUNDARll!S . I Ill 'I
(ii) OROINAM:E'NO: .a, SBRll!S Of 1997 (COUNCIL BILL NO. ~7.
INTRODUCED BY COUNCll. MDBER WAGGONER)
'"I' !,it1
',,
AN ORDINANCE AIJTllOIUZING A!ilOIL AND GAS SURFACE OWNERS AGREEMENT WITI-1
UNlON PACIFIC LAND RESOURCES CORPORATION, AND EASEMENT , RIGHT OF WAY .
SURFACE USE AGREEMENT WTTHflS RESOURCES AND Al.ETIER AGREEMENT WITH HS
RESOURCES .
(iv) ORDINANCE NO. 42 , SERIES OF 1997 (COUNCIL BILL NO . 48.
INTRODUCED BY COUNCll. MDIBER WAGGC'NER)
AN ORDINANCE AMENDING 1l!EOOU' COURSE RESTAURANT CONCESSIONAIRE
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND JOQ OORP.
(Y) ORDINM-'CE NO. 43 , SERIES OF 1997 (COUNCIL BILL NO . 49,
INTRODUCED BY COIJNCll. MEMER WAGGONER)
AN OllOINANCE AUTHORIZING All lNTEtGOVERNMENT AL AGREEMENT ENTITLED
"lITILllY PROl1!CTION AGREBen"" PER'I' AINING TO MODIFICATIONS FOR 1liE
SOtmlWEST CORRIDOR LIGHT IIAIL PIIIOJECT. BETWEEN Tifi REGIONAL
TRANSPORTATION DISTRICT (Im)) AND THE CITY Of ENGLEWOOD. COLORADO.
(vi) ORDINA.."i!CE NO. 44. SERIES OF 1997 (COUNCIL BILL NO . 50 ,
0-.7'RODUCED BY COUNCIL MD&IER WAGGONER)
AN ORDINANCE APPROVING SlUl'l't.EMENT NO. IJ I TO 1liE SOUTHGATE SANITATION
DISTRICT CO NNECTOR'S AGREEMEl'T WITH THE CITY OF ENGLEWOOD . COLORADO FOR
THE INCLUSION OF LAND Wmi2N TilE DISTRICT BOUNDARIES .
Vote results:
Mo1ion carried.
Ayes : C.ounol Members Nabholz. Vormilla,l. Wiggins. llnbenich~
Waggoner. Cl•pp . Bums
Nays : ~ ooc
(iii) Counal Bill No 40 . amending the Fircfiglucr 's Pc usion Fun d and Pcnnan clU
Dis.1bility Benefits,.,,, considtnd o■ ScaJnd Reading.
Council Member Habenicht said mal.. ,~ l.J ghl or lhc cc,rn111c111s m.'ldc. 1hcrc is going to be a rnee1ing or the
Fire Pension Boa.rd and they \WUJd! !like to make a presentation lo 1bc Council nboul lhis. She said sh e
would like to make a mOlion
COUNCIL MEMBER HABE."llCl:IT MOVED TO POS1 PONE THE SECOND READING OF
COUNCIL BILL NO.~ TO T'IE SECOND REGULAR MEETING AFTER TH£ FIRE PENSIO
BOARD MEETJl'IG.
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l:a&lewood City Cuuncll
J•nel, 1997
Pap, 19
She 1111cd ,Jbal ,waul~ give them time 10 commuqic:uq with Council lll1d lbca Council coaldpus lllair
lbcn,--. no cbaaaca,
Mayor Burna said he woul~ ·;~• 10 have Dil<Clor Gryglcwic:z comment on this , City AIIOnley e,_
sugg.....S Anomey MJ\rtin Semple nddn:u this . Mayor Bums advised 1ha1 Manin Semple , out ,p,,oi,I
counsel on labor niau er.. is here, as well .
Mayor P.ums said he lhouglu Cou , cil would like 10 know the Slalus of any discussions with 1bc
firtfighi... about thi, nnd whether they do plan lo have further discussion at the pension board IDCCIJIII&.
Allomey Semple advised 111111 as lilt as lhe actual ordinance ilSClf, in connection wirh collective
bar1!3ining. ii is noc conlaiacd ia the colk:ctive bazpinina aar,:emcnl ri&hl now. And. he said. Ille
original impe1111 to make this cbanac is based on a n:quircmcnt of Stale SWIiie that specif,a that 1k local
jurisdiction has 10 rnnke a determination in connection with all l1C\V firefighter.. hired on or after~
I. 1997. He SIJllcd that the local juri5diction is required lo p.1y 2.4% for Deolh lll1d Di51bitity l!cne6tsfor
those ;ndividuals. A, to how 11\31 l"!Yrnenl is made. whether ii is split and made by the jurisdiction ieol(
is determinoJ al the local IC)'CI. Allo'11CY Semple staled 1lm1 should have been done carliu limn ri~ 1110W
nnd U,al was Ilic original impetus for Ilic amendmCJU of Ute ordiriance . He pointed ou t Uoa1 the Ollra
aspcc1 is, lhal Council bas approved on secor.d reading. an identical amendment in connection 1>uh !Ire
police Death and Disability Supplemental Benefits. He staled 11011, al Ibis stage, he did 1101 think lbc
collective bargaining process. as lhal ordinance is cumntly sci up. lias any real bearing oo ~-
Mayor Bums asked if lhcrc has been some undcrslanding or discussion thal this is ~pposcd to come
befcn: Ille Pcmion Board. Director Gryglewicz staled lloal actually be only discussi:d two i'5UCS wiU.llhe
firefigh&en:. He said in a discussion with Attorney Son 1plc. and a member or Ad1nini1tra1h.-c Services.. iit
was dcudcd they would not pul lhal into rhis ordinance. Mr. Gryglewi ce. advised 11101 he made no
promises 10 discuss this at U,e Pension Bo.,rd Meeting itself. He noted it may discussed al ~ .e upconumg
mccling but it lw 110 bearing on this ordinance Itself.
Attorney Semple pointed out there is no ch,1ngc in this ordinance with rcgarti 10 any of the funding
mechanisms . TI101 , he said , is not an issue al al l. He advised 1ha1 the only r·t.1! issue in rtlatiooship "'1 lbc
Pension Board is that the Council is selling a basic standard that the Pcnsio ri l..~!.-'rd has &o abide by , &wt
the functions of the Pension Board arc exactl y the same . He staled the funding is totall y unaffa..1ed b,-the
changes .
Bui. Mayor Bums said. there is a standard as far as Pcnnancnt Disability, that lie understands is invoived
in this ordinance . Attorney Semple !. .id lhnt is correct. Mayor Bums ask ed if that is Statutory . No ,
Auomcy Semple advised. that p;inicular slnndard is over and above what they arc c111 i1 Jcd to under tfu!'
Statu lc. The standard that is wrillcn in , he staled. is intended to be the s..1 mc s11.ndard. that ts apphed. !or
pennancnt dis.ability by the FPPA . Timi. he no1cd. is what it rcfere1 1 .. es.
Council Member Habenicht said it is her u11dcrs1:1,ndi11g that members uf the tx.,cud had asked to ma:c ,a ith
Council prior to Ibis coming to Council. She 1101ed there has been a mi sh m,"..S h of miscommumc.llJom and
misunderstanding . She said she docsn 't th ink ii has anything 10 do . necessa rily. with whether or not chis
would or would nol go . Ms. Habeni ;.i1t opined when we arc having prob lems of this kind of
communica1ion where it is unclear that she felt it was appropri.,1e 10 have that Board meet And if mdecd
they' do fe:I they need ICI co.-imunic..·uc so mething to Council that 1hey have 1h:1t opponunity 10 do so Ms.
Habeni ch t stated that is why she moved for th e postponement . She s.1id she would like 10 hear wh.tt r1het r
coPccms arc .
l!■alcWood City r.-Jil
J ■ae 1, i,97
••seJO
h n.11 ") ,u' hiui1,1l,i11 f
t'\'t'I ,t ,,111t
f ,. 1
Counc.:I Member Ya."'-'-a adicd Director Gryglcwlcz w!m lhls ·"'6!tld hart 1o 'delay lt ih,.. iD 1fliur'
,.'Cd<J, Direcl« Gl')'llewil:z aid lh&t u Altomey Semple llltK'ea ID, lhc police have a!ltldy had'theJ,.
wrillen, an idclllic:al OR!i■altKz. He ldvilod they wanlod to have lhcn, both in place. He ,aid !hat he
wo uld guess /1 -W be dda)'ed. but that 11\cy would like to IC' this IUcn can: or~ soar. as po,sibie.
A11omey Sanple....,. 11111 die primary lmpcrus ror malng tl1e changes ID this onllnana, deal w!lh lhc
Suue S11ru1e. e-illl), .. pointed 001. an action should have been loken on ii back In Januruy.
Because, be cxplaiood. ayot1C lhal is hln,d as of Janwuy I, 1997 ihe dclennination should be in place as
lo how lhc lllllldalocy p■JaCDIS for dea1h and disability arc going to be llken care ofwiih regard 10 lllosc
pal1Jcular flrdigblcn. Elery day Iha! goes by you are just punlhg off lhc inevilable In lenns bf having lo
lake some action "" ta
Council Mcmbcr ~IP stiid lhc:,: were soin• conc.,ms cxprcsscd a while back , and she ag~ wit.~
Council Member Hi.t>.."lliicbl. lhal she doci 'DOl ihink a couple of weeks will hurt anV!~!•g 10 figure out
wha1 ~ dlooe CD!IIZnlS arc Mil lalk aboul lhem . '
Mayor Bums~ cha1 he is 1101 convinced 1ha1 ihis need~ lube o.•nrimlod particularl y. But. be
no1od, Ibey did ast lbr _,,. 1110M inlbnnation a couple of meetings ago, which lhcy haven '! c.uctly
rcccivod. He said .. ~ guess ii may be prcscnlcd al lhc pcrislon mcclin~· He no1cd he is on lhal
Board and ifr.oun.::rl -•• coalinuc Oils for awhile to g,et some more infon .ialion . it is okay wilh him .
Council Member v.,.... commented that mayt,c it ,.;11 cleared up by ihcn. any'vay , during their
meeting and they_,) ibaYc any problem wilh ii.
Mayor Bums advited dull hc IID:ed to AllofflC)' Semple a little bil abool this ar.d he noted lhat there is a
Stlle SlalUle that has !DIie considered. He opihcd !hey should not delay this \'Cf)' much . Council Member
Habcnich1 staled she is IIIOI suggcstlug labllng i1 indefini1dy . She poin1ed oul 1h.11 is why she suggested
pos1poning it 10 • poi'mi ""'1.1in . So Ibey "ill ,·ole on ii agai,, Jnd ii will come forward . She said she was
suggestirig it be tao n'ltlClings after th.II meeting 10 gh-c Council time 10 hc.ir what they hil\'C to s.,y Ms.
Habenicht nolcd t.bat cmc mccting mighl be s11fficic111. ~he jusl thought 1wo was s.ifcr.
Council Membc, Voramnag said Ibey will go ou1 1h01 far and if ii comes bock 10 Council ,oo ne.r, and lhcy
arc s.itisfied "ith il Cou.ttcil can vote on it sooner .
COUNCIL M[i\111£.R VORMITT AG SECONDED THE MOTION .
Mayo r Bums said it h-m: been OlO\·cd and seconded to postpone thi~ maner unlil Council 1s second mccth ,g
after the next pensioDI meeting.
Discussion ensued rq;arding lhc timeframc . Mayor Bums r,oinlcd cul thal 1ha1 puls lhcm inro July .
Co uncil Member J-bbcni cht said no longer tlmn 1wo weeks after their meeting is wli.11 she was suggesting.
Mayo r Bums asked lf iat was two meetings ,.,r two wc-cks . Ms . :·"bcnichl sa:J th:11 wi ll be two wee ks.
So, Crun cil Member 'orm ittag s.,id . they will mo-:t n1.xt week an d Co un,;i l will mt..-c t in lwo weeks after
they ·,r,cct. So. Coanal Member Cl app said . we arc pulling it three weeks 011 1 Mayor Bums sa id ~'CS tha:
w!:i be abour three .,.eeks out.
Vo!c: ruults:
AyC"S· Council Membe rs Nab holr .. Vonniltag , Wiggins . Hnbcn ic ht.
Wa ggoner. Clapp . Bum s
•s; No ne
Mot ion earned
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l:■aJe,,·nod City CouRcll
Juoe 1, 1997
P11e JI
) ,11) boo.r,, ,,1
t,•~1 .r ~n.,t
·~ J .,
(C) Raolulions and Mollons Ji Ii
I
(i) A rccommcndallon from lhc Department of Public W01b IO_.,..\ by
motion, a const111C1ion conll'ICI wilh 'l'houll Brothen Concrete Conuaaon, for C:.... Prograr.t 1997 in
1hc amounl of$166,877.50, was considen:d.
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDtD. TO APPROVE
COl'<SENT AGENDA ITEMS 10 (c) (i).
Aye,: Council MembeB Naliholz. Vormittac. Wigill5.&ballcht.
Wassoner, Clapp , Bums
Nays : None
Moli"n carried.
11. Regul.:· Agenda
(a) Approval of Ordinances on First Reading
There were no :iddi1io r1a l items submitlcd for appro\'al on firs1 reading. (See Agr:aa 11cm 10 • Com-:ot
Agenda.)
(b) Approval of Ordinances oa 5ecorJd Radins
There""" no additional i1ems submillcd for approval on second n:ading. (See Agmda Item 10 -Consent
A&<nda .)
(c) Resolutions and Motions
(i) Director f'ond.1 p!"'!scntcd a rcco1111ncNm1ion from the Lialcton/Er,glcwood
Wasicwatcr Trcauncnt Plant SupcMso:y Comn.iltcc 10 appro\"c, by modon. aa ~g contracl with
Bro\111 & Caldwell in nn amount ncl 10 exceed $177.500 for Tricltling Filu,· R,pow•* Pl>dll . He
rxplaincd we nn: engaging Brown & Caldn~ll because we need lhcir help in~ the collapse of the
filler mcdi:t Mucl. or this work . l,c advised, has been done because we had to ~eon il lO a,-c,id
polenlial permit violations la1er . However. he noled. we have divided the JCtVi<a iaa noo cacgorics.
Mr. Fonda explained that a gn:al deal ofU,c 1noney is being held in escrow. pcndiagllJc OUlallDC of
whe1her we arc able lo sctUe wilh Bro\111 & Cald\\~II on 1he media collapse. ~ the rcspousibility
and who will be paying . Given Ilia!, he said. we will hold the money in escrow and soc ho\, the
negotiations go. He statc<l that this contract provides that. while we move forward wrt.b replacing the
media and gelling the thing opcmtion.il.
Mayor Bums said then thal is why it is writtcr, 1101 10 C.'<cccd ccnain limi1s. ra1hc:r tha.n a specific limiL
Director Foufa said yes and irthcy find thnl addi uonal work is necessary. smtt u tS• d.lffi o.1.h thing to
define . 1hcn they would have to come b.,ck and we would h:wc to authorize 11 ,n ""nnng
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED. TO AUTHORIZE
TUE CITY MANAGER TO SIGN AN ENGINEERING CONTRACT WITH UOWN &
CALDWELL TO PROVIDE TRICKLING FIL T[R REPAIR ENGINEERING SERVICES IN AN
AMOUNT NOT TO EXCEED Sl77~~0-0.
Council Member Habenicht said it is her und crsra ndin g 1h01 this is in conjuncuoo w1lh both the City of
• Li11lc1on and lhc t:ily of Englewood . Or , she asked. is !his just us. Dira:tor Fonda ahised this is splil
..,._.Ci1yCouril
.... 2,19'7
•mu >-,1 boc.-w,•rd
.... ll
tr 'f ,t 11111L
fl '.q
M -..,,,._ the COllltOCI becaUK "~.,. the manaaJng agency . Ml. lllbonichl ulced iflhis amoun1 is
dlcCliryal'Enalewood'• por1ion . No, Mr. Fonda aid, 1his is die lotal , 10 wc -,Id pay 5<WL
Ay•: Council M..-S Nabllolz. Vonniltag. Wigina, lhbcnichl,
Waggoner, Clapp, Bums
Nays : None
(ii) Division Chief Lockwood prcscn1ed a rccommcndalion from the Dcpartmcnl of
Sdcl)> Sc,vic,cs 10 appro,-e. by 1no1ioa, lhe purchase ,r n:placement File Appnrn111s from Becker Fire
Equip,nen1 Company in lbe amount of $429 ,765 . He adviacd 1his is for lhc rcplnccmcr.l of a i 97 3
Tdaqwl. lhal wc CWTCDl.ly hnvc in our ncct. which was due for rcplaccmcn1 in 1993 . Mr. Lockwood
......i-i-JIOncd lbe rq,laccmcnl due 10 the financial condilion of 1hc Ciiy 31 1ha1 lime . In response to
Mays Bums, Division Chief Lockwood said we are doing bcncr now .
Couacil Member Waggoner noted thal lhis is nol under lhc Cnpilnl Equipmc111 Rcplaccmc111 Fund (CERF)
.,.., He asked if ii "ill be. Division Chief Lockwood Slalcd lh.11 is correct He added Iha! Council , in
1996.."PPmvcd pulling all of lhc major fire appornlus in CERF, bul lhis was lhc on: cxccplion . This, he
--will actually,,. -in lhc cycle.
C.oaicil Member Vonniuag asked if this was the machine th.it was not approved in the election . Division
C-,Loct,,ood advised lhal lhis is lhc one lhcy had asked for lhc bond for . Mr. Vonninag asked where
-ane ·gating d,c money 10 purchase this . Mr. Lodmood stiled thal dtis money was allocated by Council
a ,._.ago in June. Ml)oor Bums noicd ii is in the budget. Mr. Vormiuag commented tJw we.,. just
FIDIC around to buying it. Division Chief Lockwood advised that the process for this 1ypc of a purchase
6 prdl)' lengthy . He nOfed \\'C took some our people. who arc experts in the field . ou110 look at what was
a\-.bblc to make sure we \\'Crc getting something tlmt best suilcd our needs. After yo u go through that .
be said. you have to wrirc the spccifi~.,ions and then put ii oul to bid .
C.-il Member Vorminag :iskcd when we will razive 1his piece of equipment DiviS1 on Chief
l.adnoood advised thltl the lalC51 infonnaliou he hns received on it is lhnt we would tnk c delivery in
-afl998.
COmiC1L MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE THE
PUJlCBASE OF A TELISQURT PUMPER FROM THE BECKER FIRE EQUIPMENT
CO-ANY IN THE AMOUNT OF 5429,765.
Ayes : Council Members Nabholz. Vonniuag. Wiggins. Hnbc.m cht.
W•ggoncr, Clapo, Bums
Na)s : None
Maooa c-, ~•ed.
12 Gao<ral DloclWioa
(a) \,fayo(s Cho ice
Mayor Bums noced II.ii the Cily will host a Tcn1 Talk . nl Miller Field , on Thursday J"nc 1'". He
CDCalDlgl0d ncryonc 10 attend. He said he thought I here would be a to11r or the new ~m111unica1ion
caurrdla1 nigh1.
Mayor Bums sud he would hkc 10 sec how we arc goi ng 10 progress on our revolving loan
progaa eder lhc Brownfield project He a111icipa1cd periodic rcpons on how 1ha1 IS going along.
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lnlltwMd City Council
Jun,, 2, 1997
Paioi33
J 11) •~•I 1 ~
,S 111ui.
H ,q
3. As you may know, Mayor Bums said, Slalllul:u jwJ ...... ui die Kin, ~ paltlnc area
last weekend . He said he undcntood they will have ,omc kind al a ribbon culling one of these days .
Mayor Bums commcnled wt ,It is aood to sec a -buliMa 11 ... lacalion.
(b) Coun<il Mcmbc(s Choice
(i) I Clerk 's no1e : The faocu1i,,. Scssioa 106sa&ss personnel mau,:rs and
compcnsmion of the Municip.il Coun Judge, City Auorncy, and lllicCity Man.iger. was poslponcd .j
(ii) Council Member Nnb1.,lz:
I. She said, as was Slat:.• CIJ'iicr, she has SODIC .,ellioM ...... addrCSi lhal Mr. Slark broupt
up , 2840 Soulh Shemu,n . Ms. Nabholz advised that h was her -•g, from lalkin110 Mr. SWlt
todny, thlll tllCRl has been apprco:irnately uu ... YClll1 of 00 goins pnl,lems II lbal propcny .. Sl>c llllcd tllll
Mr . Slark shovels the snowoff1ha1 sidewalk and in 1996 he poicl llllf of the clean up bill. !'or Ille
AsSCS10t's office. she noled, this is owned by tbr<e dif1ctcnl indivd:als. She adviocd she li;is,lheir
addl'CSIOS and phone numbc11. She said Ilia!, after wal.lr.ing 8IOldd tllis pn1p<11y, she felt COU.IICil really
needs to take a close look 10 sec if then, l•is been any COlllaCts widt 1111c ownc11 wi1hin !he last thl]IC yean,
any citnlions issued with regard 10 lhc code violations :uld who malzs decisions when Joyce Panons, in
Ctdc Enforecrnent. is on wcntion . Because. she advised. Mr. Sladl:-cd his fruSllmion that a decision
wocld be made once one of the codccnforccmcn1 officers came bud.fmm ,.1anion and more time lapsed
from then .
Mayor Bums asked ir this is a residential. Council Member Nabbalz. said yes. lhat basically the house has
been bulldo1.cd and ii is a n:al collection place for IIIISh. liRs. -aicc, 3qUlriums. you name it. Mayor
Burns suggested it should be pul on lhc list ror the Bl!!JD PTopaa. Couacil Mcmbc, Wiggins agr<ed.
Council Member Vormiuag advised 1ha1 he !urned 1ha1 prr,v,ny ua about a year ago, bocausc he wanltd to
do a Project BUILD lhcrc. and the people Oat 0111 refused 10 sell iL He noccd ii is an cstalc somehow. it is
reall y messed up and the Cily has a lien agaios1 1ha1 because we., ... ui ud •leaned it and 5Clll 1bcrn a
bill . He opined 11131 whal ii boils down 10 is 1hey nocd 10 clean i,,. more allen. 1ha1 ii is a <Xldc
cnforcc111c111 problem ngain .
Ci 1y Manager Clark ask ed Council Member Vomullag who rtjcct<d .tlroc idea of Project BUILD when Iha!
wns turned in . Mi. Vonnittag advised the owners would not sell . • '!r Clark noted Council c.111 exercise
Emin1;111 Domain . Council Member Wiggins cornmcntcd thal ma,DC that 's the way to go . Cow,cil
Mcml~ Vormiuag no1cd that is something we h:wcn '1 done .so Lcaz"sgct on that Mayor Bums said he
didn 'I think that had been done in lhc BUILD Program )l:t. bul ii raighl be somelhing 10 consider.
2. She noted 1ha11he Clean. Grecn and Proud Conunissi011, -.iood 1ha1 in January Cily Council
agreed to give S600 1oward the ir golr tournament. \\ hic h is Friday Six noted Council h.1s alloc.11ed $400
to th is . They were wondering if the Ci t) would be in lcn:stcd in spc.nnsonng a hole Cor $150 .
COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SCCONDED, THAT TH£ CITY
SPONSOR A HOLE FOR $1!1(1 FOR THE CLEAN, GRUN .-..,11 PROUD GOLF
TOURNAMENT.
Mo1ion c.1 rricd .
Ayes : Council Membe rs Nabholz. Vo•::nmag, Wiggins. Haben ;chl. Clapp ,
Burn s
Na ys : Council fvtcmbcr Waggoner
In~ Clly Council
J•ael, 1'97
II n, I ti J 111.,tt>l~nl
,er .r 'nut ••ae J.4
Council Member Wauoner slllted lhal llle =• he voled no is because ii is not being held at the
EnglelOOOCI Oolf Coune. Mayor Bumuaid 1hat ht undel'IWldi we m workina on that.
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(iii) Council Member Vormltta& ldviecd he will submit his rcpon IO Council on bis
lrip IO Las Vegas two weeks from now, when they have their next Council meet ing. lie said it was really
great.
(iv) Council Member w;ggina:
I. He noted that Mr. Harry Lester mentioned the Gothic Theater and he agreed that Mr. Lester is
com:ct . The WO".ds arc about a foot. foot and a half high down there in front of the building, right on
Broadway. Council Member Wiggins commented that he would just as soon hope we could come in there
and demo lhal thing and like II out . City Manager Clark Slid ,he drove by there last week and_noticed
tliat. He advised he had a meeting wilh Harold Celvn of EDDA lost Mollday,and they talked about the
Gothic and he was trying to ask where they arc on thal. He SUled they. arc no! Ion far along , but he
noticed the weeds. the windows and some a(the broken gloss . He •greed it looks pretty pathdic over
there. City Manager Clark at!Yiscd that he directed Safety Scivicc, abont Tuesday or Wednesday of last
week, to go ahead and initiate some code inspections on that ond step up 1::c heat . Mr. Clark stated he
would go ahe:.d and find olil where they are on that and report back to Council.
Council Member Waggoner staled he would be curious about the claim thal transients arc living in lbcrc.
City Manager Clark said they will sec if they can check th. building for transients. that tl1cy were mostly
going to look at the outside. He reiterated that it is looking pretty bad and he commented that there are a
couple of olllcr propcnies in that area U18t arc looking bad. the weeds arc growing up on the walk .
2. He at!Yiscd !hat the reason he abstained from voting on the minute< was because he did not
rcocive the minutes from the May 19• mccting. He asked that he be sent tl 11 .c minutes. He said he had
just assumed tl1cy had not been typed .
J. He asked City Attorney Brotznian how we arc doing on the acquisition of Home Lumber. Mr.
Bro12rnan advised that there is a meeting scheduled with Mr. Guel z 1omorrow or Wednesday . that we
basicz.lly have a deal. He nolcd that financ i.1 ll y it is just lhe issue of clc.1n-up .1nd defining what the
stn.ndard is on the clean-up . City Attorney Brotzm.1n sta led thal right afte r that meeting he can give
Cour1e al a very good indication or when we will be owners of 1he property.
4. He mentioned that he talked to Jerrell Black , nod the new open space coordinator Dave Lee.
about monitoring Bellc\icw Park . He advised tlc11 they had a ~roblem when they put that bi g ten foot
wide concrete pathway. They built it right over the valve station and somehow or other ii goo fed it up wd
made a mess and they couldn't tum on the sprinklers 10 waler the lawn . Council Member Wiggins stated
they have taken all steps to correct it and lhcy arc finall y going to water and make it look half wny decent
again .
5. He s.1 id he would move that Council not go in10 Executive Session following thi s meeting
regarding lhc items they arc suppose 10 talk about. Because , he noted. al th is rme of discussion they will
be here until I :00 or 2:00 in the morning . He fell Council should pos1po11c the meetin g. because lhcy
have already had two public l1carin gs tl1is cvcni11g . Council Member Wiggins s1a 1cd tlial is just his
rccommcndalion and if anybody makes a motion to go into Executive Session he will vote against ii.
Mayor Bums co mmented that he would go along with that as they approve the salaries retroactive to l.he
first of the ye.ir . He s.1id he had talked to Allorney Se mpl e. Mayor Bums s.1i d he did not think the City
Manager 's s.1lary is up at this point. 1ha1 th ey had jus1 esrnblishcd the City Manager's s.1lary and they
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laalewood City Coun<II
J■ae 2, 1997
Pace JS
10 II.! ) (II) linou ~ .n.4.
t1e1 "'"l
1t'I
weregoiag todo a rmew. He..,.C.,-.....,..()lark,il\hcq,eod wi111tllal. u liewa,,111rpriMXI tqsec
that on then,. City Maapr Cladl aid .. -bis Ulldcnlalldiaa, bccaulo lhcy l11ve bocl) on ~ f!"Plll'lllll
proa111on dlOI . \"'1; Cla,t, aolal it--Jiio adonlamlina tbal Council bad a desire IO keep lhe ilOIIO
movin1on. eo bcthoupl ----•--in with 1hcolhcrs. He~ dlll he docs 1101 ..,,lly
have a problem If Council dclclcs-.
Mayor Bums llll<d that if it was all ript mda cvayono they would poslpone lho&e tW<> mane ...
(v) Council w..-a-:
I. She commented that she ..W Ilk• i>11ow up oo a couple of 1hi1115-SIie .aid ii seemed to her
thal Council was entcnainin& the lheoillil ~ ~ wilh c:ilizau 011 a IDC)lllhly basis, that they also
talked llilout code enlbr=mt111, ad ~ l'IIDII a citizens comnliuee topthcr 10 address some issues.
Council Member Clapp aa1cd she i5 coaco::iat because these an: things 1ha1 Ci,uncil is throwing out
there, Iha! they would like 10 ITIO\'C rorwan1,.;111. and they arc no< addressing them . She asked if they
could address them al a Sludy ...-mlk_, 1 IIUrc ns to bow d,ey an, going to achieve these. City
Manager Cwt said on !his monthly~..,.. has been 10mc dialog bclwa:o Pauleua Punccrelli, Mayor
Bums ud Council Member Habaiiclll _, _ -!lying to pin down c.uctly where we arc al on dial.
Mr. Oark advised Iha! Ibey could me -doan:r Council direction as to what d,ey bad in mind on that
As far u the code cnf=nent. bc_soid_diq-,lid .ma!<, that olfcr al the pbaning SC5!iion thal !hey set up
some lypc of a cillun 's advilOfY gn-. .,. _ willo the code cnforccmcnl people . Thnl 's going into those
goals. However, he noted. d,ey really-:, goc a clcnr diro:tion as to how soon Ibey want to go on lhal.
But . he said. they arc llill very supponi,,cd'.tbal. ,. .. cnn go ahead and Slan 11011 process now or whenever
Cooncil"s comfon faclor is.
• Council Member Clapp asked if she cuuldialt ballt Council Member Vonnittlg and Council Member
Nabholz, as th ey bolh si t on the Ckaa. GJa:aaml Proud Commission, ifthnl would be somcUung !hat
maybe Clean. Green and Proud W<>uld bc untcres1cd in or if they should talcc another avenue and do
sornething diff'crcnl. Council Mcam Nol!ibalz advi5cd that Clean, Green and Proud has a veiy full plale .
that they don 't have enough vol.-n aa.111 is cw enough l.inds or time. Council Member Vonni1L1g
agreed. Ms. Nahholz opiocd ti.it it IIClldi;!IZI be more U1an just one oo:, ' or commission , 1lia t it need,: m
be c:\'C,Y department. every citizen. C1fa? bncownc:r and rcnlCf~ She said it needs 10 be a l;ugcr scale.
Council Member Clapp said pcrhap5 llor:!i cmold put this on a Sludy session for di scuss io n, bu t nt a later
date as ii mighl take awhile.
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Mayo r Bums commcnled 1ha1 he fcJt a was~ropriatc 10 review those goals and things Co uncil
established . He 1101cd th ere has been sonu: ocmfu.si on about this.. bul he rcJt they could clear lhat up.
Regarding 1hc monthl y meetings. Cuy M:unagcr Clark advised that where the confusio n is, from the staff
lc\'cl , is whether Council wanlcd to j4IS1. cauwac to do study sessions. but to tnkc them out inlo the
ne ighborhoods. Similar to what~..._ Or. he asked. do lhey 1rau1 an open-ended type of a
special Council meeting where Ibey Ill' can:and )-OU just invi te people 10 allcnd . Ci1y Manager Clark staled
thal is where they need direction as to ••laiCcunol wants 10 do. Mayor Bums said we h.wc ch c Tent
Talk s, but th.i t he was th inking aboul gout!!!, DUI a nd having a study session . He noted he undc rsiands 1ha1
:I ... ci1ics thal do 1ha1. rhar the idc..1 ism ltm~ u out of ci ty hall . To jus1 go out in 1!1c nei ghborhood . go
i1 10 a neighborhood sc hool or where~ :und have ;:1 study session out in the neighbo rhood . He said that
i!) 1vh,11 he was thinkin g of. Because. be pm101cd ou r. with lhc Tent Talks we arc hnving ope n meetings
.1nyway , 10 h.,wc people come in 311d taik..uhoul ,.anons thin g!l. He said he docsn·1 know wh:u 01hcr
members of Council arc 1hinldng abca.. bun thal was his though I 011 thi s .
~ood City C11<1ncll
J■oel, I'••?
Paae36
Cily M,1111get Cwt< advilCd lhlll Ille othet 1hing,llla1 calnc 10 their/mind Wli Lhll>if they 1R IOiD& IO liaw
a moetlna. wheno you ,,,, goina 10 illYite cili211111 in ro alv• lnpuL 11111 Illa! •,ay haw robe • spociol
Council mootl111. As appb.d 10 a study Naioa. nicll ii ""'"' where you tan, _,;aa a portiQalu_iaa
as oppooe( , •. ~ lnift 1, 1 lhllc mo19 IUUCIU,. 10 IU Couaril MClllber Wigin, llicl that ii righl, il
yov. have one of lbcltc 1hcy have Ille procedure or discussing particular islues. lie DOCld wma you open i1
ap 10 Ille r.itiz.en, lhey will have everything or concern lh:11 docsn 'I hil Ille agenda. So. he .aid. you an:
Sl)ing IC have to gair ii acoordinalY. Council Memilc:r Vonnill.lg said in olhct words ii would be jaa lib
one ofll,o,c Englcc'1>0d Somerhing 10 Talk About mcelings . Council Member Wiggins s.1id righl
Council Member V~nniuag commented that lhal is whal ii would boil down 10.
Council Member Habenichl asked if Council was discussing this now or if they were going ID discuss this
•• a study IJCSSion . Mayor Bums said dial is a good question. He felt they shoold probably dillcusl Ibis lll
a study scs,ion lftd ronnulale Whal Ibey wanl 10 do . Because. he commoalal. he did DOI think they ~
g<1 ii done here 11 lllls late hour.
2. She said...,_ jull wanled 10 bring 10 City Man.ager Clark 's llllenlicm that sbc received in
Thunday 's packet, Ille 211"'. a Idler from Arapahoe County inviting Council 10 1 COIIIII• of~ on
May 28~ •nd 29•. She poh1Jed OUI lhal ii really doesn't do any of them any good lo get ii an lhc OYC11i.as
of the 29"', ihll they can't make any arrangements 10 go . Council ;ember Clapp SlalCd it was Diec ID be
ifflilcd lo the Round Tlble. she thougl11 they called it, but she I\' " a liuJe ffl(R notice ill Older IO l1lllu:
arrangements 10 go to tt\tse things . City Manager Clark askc,I • . ..1 1 date WIS stamped on the leller
indicating wlle!i It ..., n,ceived in lhe ollkc. Ms. Clapp said • looted for that and she couldll ·1 fiad a
r=lvod c!1'IC on JI. Mr. Clark Slated he would check iwo ii •.•.find out what happened . Council
M,mber 'lorminag advised that ii was about three, four or I days prior because he had one mailed ID
his house. plus he got one in the pack("t too. Ms. Clapp sta • ·J she did nol sec one in the mail. Mr.
Vonnitlag sai<I. lie received one because he is on that comm •.lcc lhing and he was sure he got ii ia the mail
the same day \:!j., City received it . So, he noted, ii prob •:t let in the box four or five d.1ys .
J . She commcrii,i she had nolicod a letter in Council's packet from the Library Board . ii was a Diet
letter supporti~g Hanle l<lng. Council Member Clapp said that lhc one disturbing thing 11 she saw ill
there is thnl it was not • unanimous letter. 1h.111here was one party 1h.11 was missing. Council Member
Vormillng asked who. Ms . Clapp ad,1scd ii was Sandi Ostcma . Council Member ClaPf said she is a little
disturbed thal her signature was nol on ii and lhat ii was her undcrsL'lnd ing that Ms. Ostcma was noc
invited either. Iha ~ the 1~•1cr 1.us not given 10 Ms . Os 1cma. Ms . Clapp sta ted that she is a little concerned
that we Mvc a board lhal is not including C\Cl)'Olle. even if you have one person that doesn 't neccssaril)
agree. tha. is okay She said she wanted 10 bring 1ha1101he Council's a11c11 1ion. that 1hat wasn 'l to her
knowledge the way thot it was handled .
4. She said she is curious. with the Cinderella C11y site , if there is anyt hing that wou.Jd protect the
City from low income housing being buill on that site . Ci ty Manager Clark advised tl,11 the mni.og
au1hority. right now. is zoned for business . Only. Ms . Clapp said. She asked if that means no housing.
Mr . Clark said yes . Director Si mpso n advised 1h.11 is not true , that rcsidcniial uses 10 some extent arc
pcnnitted in lhc B•l Zone District . Cit y M:magcr Clark po inted out that we arc requirin g anyon.: lhal
would come in 10 submit a PUD . Mr. Simr ;on said they have lo have a predominance of bwincss But..
he noted , in lhc B•I Zone DiSlrict righl yo u can have rcsidc nri al uses He cxp lnin cd 1h.111 s "hY you
ge l tlia t mix ed use affcc1 that the don11t 11 -:J ne di slrict has. which is hn vrn g retail on the first floor ano
living above . Thal he said. is kind orth .: direction ii was alwa ys meant 10 be used in . Mr. Simpson s.ud
he though! thm how 1ha1 could be ta.ken on the Cinderella City si 1c. :md lnkcn 10 a fonhcr cx1en1.. "'OUld be
wonhy or a linle bil or review . City Manager Clark ngrccd 111111 was true. 1hcorc1ically. However. he said.
at some point whoever wnnts 10 develop over th ere is goi ng lo have to come to lhe City of Englc'Wood and
we arc going 10 be insisti ng upon a dcvc lop mcnl ag ree ment and a PUD sub milla l on !hat si te . And . he
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lngl<,oood City COIIMil
Ju ne l, 1997
PaaeJ7
1J 11111(1 l '(h) l11)(1trJb11 f
t',1C1f , .. ~,uu l.
B( ,,,q
IIOled, M1 lir at leall widl ..,...,_ de\'clopcr. we baw beell insisting 111!11 lhc P!Y onainlain majoricy
ODlllrOI 01 the land w..-. So. he lhoughl ,1...., were enough clw:cu and baJanc:cs in lhc S)'ilcm !bat
we will cl< wha1cver we ca• maintain Cooncil au1hori1y and Plnnning nnd Zoning au1hori1y over wha1
happens over th=
But. Council Mc-w__. maialaiocd, tllcy can't lake lhe whole sile and build just low income
housln11-Director s1.,..__. 11111 is cona:t. bocausc or tlle Cao! that it is a gr.ne,al business diiltict.
!hat you would be n:qo,irm • llald the zoning disllict in a prcdominancc or busi,_ uses . Yoo could have
residential uses. wbicll .., ~ and should be eDCOWll&cd. bu1 thooc business uses should
prcdominale .
Ci1y Manager Clark n:miadail everyone 11ml lhe Ci1y is !he majorily land holder over !here. So. he no•cd.
at some poinl somebody ...... 10 talk 10 us and we will dctenninc which tools in lhe 1001 box will be
used 10 n:gulace it.
I I
5. She advised 1hal slic m:ei,'Cd a response 10 n Cooncil rcqueSI and she would like 10 gel a linlc bil
more detail. Ms . Clapp cxpCmmicd lhis is on values and amounls or money thai we can go in debt for and
this type of thing. But. slr-=l what she though! would be appropria1e. and probably very helpful to
Ann Nabholz. is a liSI of pr0IICltics th.11 perhaps we hove in lhe works. and liabilities dial we hayc in the
works and a timelinc. Coaacii1 Member Vonniuag asked for a for instance . Mnyor Bums asked if she
means bonded p~ Cilmcil Mallbcr C~'P ecplainal that she was talking :ibool pRJpntics the Cily
has ag,,ed IO buy. City.......,. Clark aclvisod that the oaly property we have agreed IO buy is Home
Lumber. He DOCcd tllcrc--other pmpcrtics that we are looking al Mr. Clark staled that the list
that was provided was a lillof-'ics in lhc wort.,. possible properties 1ha1 mighl be '!C(!ui"4, tbeir
cxpa:tcd value and'°"""' alllimdillg. He poinocd 001 1ha, all properties would 5'ill have 10 come back for
Cooncil OpplOYal.
6. Ms. Clapp swcd a....,ld like 10 add another pcr>onnel mailer 10 1he agenda for Cooncil's
Exc:culive Session WcclDc:sda!<. :ralbcr llum do it 1omgh1.
7. She asked thal the-Sa:oed Hand License be broughl beck 10 Council in lhc fonn of o Si ndy
session . prior to coming IO tAr fonnal agenda .
8. Sh.~ said she u.ndcr:sL,od th.11 Ci1 y Manager Clark was setting up R mec1ing with the Chamber.
She \\'3fllcd to know if and wfbcn cc.her Council members arc going to be invited 10 1hn1 . Cil ) Manager
Clark advised !hat tbere an: "'"1 du ngs he has been discussing "''h Council. One is ajoinl
Couneil/Oiambcr study scsaicm and IJ,c dale hasn "t been SC1 yet. He said ii will probably be a, 1hc end of
Jun e or c.1rly Jul y. In addJ.uom. be advi sed. the NEO N group. which is a group 0111 of 1hc Mayflower
Church. ini1iated a conl3Ct w:tl!b the Chamber to sci ~:, a meeting between the business and resi dential
community . Mr . Clalt staaiiahal we offered to f ie1lita1c thal and the las1 he heard wns thal 1hcy would
prefer to go aht:aC: .nd havc--dbll meeting thcmsch '"S He said ii is still unclear as to whether the City has
been in\'itcd to th.11 p.1n1 aaJ.3J; lfflCding .
9. She asked Cit) Ancra~ Bro1 z.nK111 for 1hr.. Slatu s of Stand-By. Mr . Brotzman ad vise d u 1s has
been cited. they arc doing QJU$l.D nl cnforccmcnl chocking to make sure Iha! lhc opcr.111 011 is 1101 operating
oul of the locntion 1ha t doc:sm I! ihal·c a license, He said Council do·s need to know 11ml tl1erc arc scveml
issues One is that who O\IJlS C:hc Sta nd-B y trvcks may be in question . He nolcd lhal eve111hough 1hey say
Stand-B y on the side . Pnrlle:tS IPcrso nncl ma y O\\n so1 .. c of those lruck s. City Allorn cy Bro1,m1an s1:i1cd
that our officers pcriodJc:ill' dlCCk and make su re that the people in there arc Printers Personnel people.
1ha11hey an: not doin g S~. He s.iid th.11 1s an on-,:•:ing mvcstigation . Mr . Brot zman ndvir.cd that
l•ll<wood City Council
Jun• 2, 1997
.... JI
Chey have been ciied for the lime that they were in violation and that is going dl,oap * aiun l)'llem
righi now .
Regardlng the Second Hand Oealcrs License. Clly Altomey Brouman asked Ms. 0.,, to coalirm 11w
she wu not saying she wanted lhal back lmmodlat:ly. Council Member a-...... Mr. BrotzmaD
explained 1ha1 they an, going 10 be Sl&fflng that thRJUgh lhc Cbambcr and lhc ...--saon:s before it
ccmes back 10 Council . Ms. Clipp said Iha! is okay , that she was just asltiDg tlllutF lhro,•<;h lhc
channels all over again rather than jUSI popping up on the agenda .
IO . COUNCIL MEMl:IER CLAPP MOVED TO DIRECT THE CITY MANAGER TO
PURCHASE THE PROPERTY ON THE EAST SIDE OF THE DEPOT AT FAIR MARKET
VALUE.
Mayor Bums asked if she was llllking about condemning ii. Council Me-~ said no. that she was
llllking about purchasing it
City Manager Clart asked if she wanted an appr1isal with lhal to CSllblistl llair -valae. He said it is
listed with a reallor. Council Member Clapp SIAICd she dldn 'I know if we -am! on, as long u w,:
.,. bringing it forward DI fair nwrlm value . She /dkod if aD)'One r .. 11 Ibey -.__. Council Member
Waggoner said he thought they had 10 have one . Mayor Bums advised dla dlc!r -i 10 know that lhc
Housing Authority has pulled it off the mart.cl. City Auomey Brnwnan .-.. dlcj· are piing IO need
an appraisal on that piece of propcny to go forward , it is just pan of the procas ol pun:hasing iL Council
Member Habenicht said dmt 11 seems appropriate . Ms . Clapp said okay and med tfthey ha,~ 10 make
another motion to purchase It al the appmis.,I value. City Auorney Brotzmaa sad., and he C."Piained
that once staff brings this back to Counci l they an: goi ng 10 have 10 pass lilis byantmano, 10 purchase lhc
propcny. He advised th.it they will ha ve the price established at that point or tf Ibey don·, want to sell ii
10 us Council may seen request 10 do a condcmnalion action on th.at piece of papel1J' instead .
So. Council Member Waggoner s.1id. right now all they arc authorizing is the .appr.l.lsal. And . Ci t)
Attorney Brotzman said. 10 ncgo1ia1c for Ihm piece of property .
COUNCIL MEMBER CLAPP MOV£D, AND IT WAS SECONDED, TO A HORIZE AN
APPRAISAL AND TO NEGOTIATE FOR THE PROPERTY ON THE EAST SIDE OF THE
DEPOT.
Mayor Bums ad\lised that as Chaimmn of the Housing Au1hority he would abstw:a from 3ny funhcr
discussion aboul this, bul he said he gu.,rantccd Council thal the Housing~-",ll h,1\'C somc..1hmg
to say about th is.
In response to Council Member Wiggins 1he mo1ion ~-as clarified .
Co uncil Member Waggon er asked if n 1s a wi llin g seller. Cil y Manager Cbzk .-:h1scd they will ha\'C 10
find out . Mayor 811ms adv ised I hat as of ri glu now rhc propcny has been potkdoff lhc m::uket .
Cou,1cil Member Clapp s.1id 1hat it is her undcrs1:1ndin g that th 1..-y need more JIIRlng and 1.h.11 type of
thing. that il is just not adequate . She adv ised Ihm that 1s why she is punumg dirt
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i.....,_.0tyCouncll ,_,.""
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1 ,,ui ) •t"J J1no1t)l1nf
11 !. fill(.
Ill. r..,r.1
CooaciUll•bu Nabholz ul<cd if s'oc q,uld lajr, why it bas bctff pl/lied off the market. Mayor Pro Tcm
Habcnicbaidtlllf s!Jc did DOI ~~nit we'd know. !'ytayor Bwiuady~ that,s a !"lint ofinfon11111lon the
Hislorical Socidy wanted to buy it and some otllCl people did too. However, he pointed out 1J1at the
HUIOrial Socidy ha · • fund raising prog,am to raise a oonsidcrable amount of money through a
.......... ,,_. raiJCr. He aottd tJ,c Historical 5\ICicty owes the Hoµsing Aµthorily over Sl00,000 they
uocd to.,.... Ille Depot Mayqr Bwns 51.aled that the Housing Authority has pulled ii off the market to
-...,_.ibclwld raiser would go. \15 a cct1ain kind or incentive to ICC how the fund raiser 'l")Uld go. He
advu<d dlal lhcy have not pursued al this point using the property for honsing, which some of the people
wanlal IO do originally. He Slated they decided just 10 back off, just lei the property stay the way ii is and
see bow·* 11111d raiser went.
Ayes:
Nays:
Abstain :
Motic>ocirri,cd.
c......;1 Membcl5 Nabholz, Vonnittag. Haben icht. Waggoner "'Japp
Council ¥•11'P"r Wiggins
Mayor Bums
11. IHs. ~ said that iftl,c Golllic has broken windows. if she heard the genllemau riglu. that
ma)'bc. wc.sbaldd takt some act.ion to boan:l lhosc up. She conuncnicd that th.it could be bow people arc
climbing-gating in there.
(vi) Council Mculbcr Waggoner a5ked if there is a scl)Cdulc on E-mail t11a1 shows
all ol-..-iQgs coming up. City Manager Clark advised that usually those arc on the calendar of
cvoms-go iD Council 's pacl<ct .
(vii) Coa1nr.:il Mc1nbcr Habenicht:
I. She amuncnlcd th.11 she wan1cd lo make sure that Council will be mcctinJ Wc:lncsday night at
7:00 p.1111._ for the Executive Session . M.1)'0r Bums said yes . M!i . Habenicht noted 1hen it has to do with
pcr,oanc!! mauas now bewusc they postponed the meeting tonight . City Anomey Brotzman said
AtlOCDq•Smlpk: will be there ·vcdnesday night, so ii is up to Council whet!1er they want to put ll1csc back
on. So..Ms. Habcniclll said, there arc three real cs1a1c matters. a personnel m::tte-r and union negotiations .
wbiul ... ,.,..,..,..i maltr.rs. and Council Member Clapp 's personnel mailer. City AUomey Brotzman
askal i!~ •= to add the ones from tonight. that they arc postponing. tu the list Council Member
V~ ,aaaat tliat if Auomcy Semple is going 10 be here they ;hould juSI do it Council Member
llabeuidlll~ that as long as he is going 10 be here tl1ey should just do iL Mayor Bums asked how
many di5cn:Dt subjects the)' have now for this ir.:cling. City M,111agcr Clark advised 1h,11 there arr. three
pcrwnnd.,jssues and tlm::c real estate issues h.1 discuss wi111 Ci>uncil. Mayor Bums commented that that is
a lOL a:.mcil Member Wiggins agreed . Mayo: Bums stated he did not think they needed 10 load tiiat up
anymo~ Couacil Member Habcnich1 s.iid okay , Council Member Vonniuag asked how long the union
nc~ •ill Lake . Cily Manager Cl.lrk :1dvi~ they arc just going 10 give Council a briefing on
whctt \lJC ac. He said that should not 1ake more tha n ten or fiOccn minutes dcpcnc.ling upon Council .
Mr. a• DOCal th.it we have c.~c hangcd ini1inl offers and so th ey just wanted to kee p Council appraised
as to wfu:::re -a~ arc . Hr. commented that lhcy were going to do 1h.1t ton ight . but they decided not 10 as ll1ey
foresaw die agenda would be lengthy. Council Member Habenicht :uked i i Cou ncil has to make a motion
to go moo Ex:ccut) , -'icss:on th.11 night. Ci ty Allomcy Brot zman sai d no . thal it is going to be a public
meeting ~ C'\'Clling and Counci l will go inlC' E."<ccuti,c Session . Mr. Brotzman agreed !hey did not have
l\) do it tomghL
2. She wd she ,w111cd tc apolog1 t c and ulTer her regrets as she will not be ahle 10 makr the Te nt
Talk du!. 1'Ut. Council Me1nbcr Habc11icht advised tla.111h at is lhc night of the Arapahoe County
CultUQll Council meeting. nrwhic h skis a mc!l'bcr. She noted th.i t is lhc nighl I hey will distribut e close
Enlfewood City Council
June 1, 1997
Pap40
h nuo v ii' (,oof'( ,lun:f
H'I ,t ~11ul
l'J l>lll fJ
to ssqo, 000 to orpni7.atio I In Anapahol,' Count)'. Ms. lltklnicbt ltllCd It Is vc,y imponant Ir-Ing
that ,hi belier noi miss . Sile said ,lie rcgrctJ mlmnc lllo ~ ice cream . all the good 1111k and
visiting wtth the people . She said clie hopes everyone ....... Im• good time . 1
,JI II •ti
l She st:ted she II so exc ted that Flood Middle Sda,11 !las been designated a Blue RJ1,1,on1 School
Ms Habemcht said that ,s such an exaung honor. She sallfl"ll'II • keep m touch with inc School
District through, perllaps, the City Manager's office. so tllll -cu, do soincthlng to 'help celebrate lhai
when It is appropriate .
4. She noted she has asked for this in the past. She adulr"5SICd the earlier comment about how our
business community and commen:ial propcnies pay so IIIIIClo IIDOfC property tax tl1:1n the residents. She
opined that is certainly pan oflhe Gallagher~ --an: all very, very co1a:mcd about. She
commented that a:rtainly has become onerous becnlle ol'-Bna and Gallagher. . 11 the same time,
she said. it is her undcrsumding 1h.,1 actunlly, when ii ccnc:s tt:,abasinesscs and residents. ih.11 we arc
property tax friendly in the City of Englewood compared to oc.'hcr cities She asked if that is not true. that
our propcny tax is considerably lower than a lot or ocher C011U1UW1.ilics both ror businesses and residents .
City Manager Clarlt stoled thot yes it Is. ot least on the Cily by_ He noted he wM not sure on the
combined lery . But, lie said, on the City lew we a"' doillg·.ay-lL mostly due to sales lllX . He said
they can put together a corn pa, alive liSI for Council.
S. She Slated that she is personally dismayed dial C.-11 passed on first reading an llgRe11lCnt with
Equitable and she was really expecting that Council-~ ftllZivcd ii on second reading this time
because it would be signed. Ms . Habenicht com1nentod dial* "-as a little talten aback thal they dido 't
receive it. Council Member Vormittag asked what happaedao that. City Man.,ger Clarlt advised that he
planned 10 cover th.il under the next item.
13 . City Man•R•r's Report
(a) Cit)· Manager Clark ad\'iscd that Council ,=; • ....i hls Cinden:lla Cit) Status Rtport in
their packets. He staled he was no1 going 10 spend a lot aftiim? on that unless Council had any questions.
Mr. Clorlt said that. as Council knows. Equitable rccci,-ed amamsDlicited offer from a Florida ba5cd real
estotc developer lo purcltaSC Cinderella City. They arc 51.;u ..,:ihiating that offer. City Manager Clarie
stated that Equitable has expn:sscd. to the City, their desire II>...,_.., forword with the purchase/sale
agreement, pending due diligence with the other develop,:. Be said he talked to Equ itable today and they
think 1h.1t 1hcy will have a decision between the middle olthiswcck and sometime next week. as to
wheth,:r they will go forward with thot unsolicited otrcr. Ht .. isal that, if they should decide r.ot ro,
they uiink ii \\ill take them obout a week or two to go ahead amd get all the neccssa,y signatures. He
ex plained 1ha1 lhc documents hnvc 10 go 10 loc:uions throug:hca:n the United S1a1cs . Mr. Clark pointed out
that that is nssuming they C:tn still do 1.h.11 undt:r delega ted auchoriry . If one of the officers in the company
wants 10 bump h up lo board app=al that could take about i ~ days. In adc!ition . he said, stalfha5 been
gathering some infonMtion about this. along with some~ issues. and that was one of the n:asons they
scheduled the Wcdnesda~• night saudy session . It was 10 give the Council some additional infonn.,tion
about this panicular issue . He auviscd Council that Mctalllllle has sent back a marltcd up licensing
agreement 10 us . n,e City Attorney has oppro\'ed all oftbe tftt:se chongcs ond he sent it to the Cit/
Manager's office today . City Manager Clark stntcd he 'MXlldlsign off on them and Fed Ex them to
Mercantile . He said he did altach a supplcmcnl:11 memo lD tfl~ rcpon as to where Millcr/Ki1chell 's
•
•
a ti\'itics arc . He slat ed there arc four acli\'itics he rcpon -t am Basically. he commented . wil h our
discussions on ncco111111od.1ting the Museum ofOuldoor :\tt.l 1.MOA). they arc preparing a pro spcc livc
tenant progress n:pon . T11ey have indicated that they ~,,1 sr.funnt the ir prclirr:inary PVD within two weeks
afte r the City makes a l'inal decision on th e Museum ofOutdcor Arts Mr Clark ad\'iscd thnt he had some
additional discussions with them 1odn. on th.ti issu: and they IITUI~ be soften ing on 1hn1 position . So that •
•
•
•
lqltwao,1 (IIJ Couacll ,_1, 1997
.... u
might change. Mr. Clark S1alcd lhnl wc arc proc:ccding wilh the dcvelopmenl agreement wilh them, lha1
tbolc n=visions have been made and will be broughl back for Cily Council approval. Regardin1 lhc
MUJCUffl ofOu1door Arts. Mr. Clark advised lhal we have ialked lo lhem aboul 1he financial commitmcnl
and they tried 10 pul logcther a meeling witl1 lhem sometime this wcek. Mr. Clark slaled they indicaled 10
us that at least their Slllfwould like 10 go back aud visil lhis issue wi1h lheir board or directors. He said
that he bapcd 10 brief Council on those issues he handed out al S1udy sessi on the other night On Monday
nighl, he advised, they should have mOS1 orlhe staff work done on 1ha1. Hoperull y, he said, tbey will have
some addilional infonnation 10 pass onlo Council rrom lhe MOA folk1.
14 . City A11omey'1 Report
(a) Ciiy AUoroey Bro11.man 11-01cJ that Council received rrom the Cily Clerk a notice
regarding an appeal by John Holland . He said lh is is our fin;I disciplinary appeal since lhe Charter was
changed . He Slated thal Counci l ha s appoin1cd 1hrcc hearing officcn at lhis 1imc. Mr. Brolzman
recommended thal Council appoinl Ben Aiscnbcrg 10 hear the disciplinary appeal on lhis mailer.
COUNCIL MEMBERS WIGGINS ASD CLAPP MOVED, AND IT WAS SECONDED, TO
APPOINT BEN AJSENBERG AS THE HEARING OFFICER FOR JOHN HOLLAND'S APPEAL
Council Member Clapp said she would ask 1ha1 they "~ii one week on 1h11. Ciiy Altomcy Bro11.man
..:Vised lhal Ibey problem is 1ha1 Council can 'I do ii nc.,t wcek and Mr. Holland is being sci back because
or Iha!. Ms. Clapp asked ir it would be a problem ir 11tey appoinl a hearing officer now and for some
reason i! is no! ncccssa,y. Mr. Brotzman said no. then th'.:)' would not have a hearing. He advi sed
Council lhal Mr. Aiscnberg ~s the former Prcsidenl orlhe Colorado Bar Associa1ion . Mayor Burns
noted he ha.~ known Ben Aiscnbcrg for ye.us and he is a very compclcnt attorney .
'-yes : Council Members Nabhol z. Vonni na g. Wi Min s. Habe nic ht .
Waggoner. Clapp . Bum s
Nays : None
Mot ion carried .
Cou nc il Membe r Hnbc nic ht asked if Counci l cou ld be pu! on E·ntail whe nC\'C''. 1hey gc 1 an invi 1.:i1ion or
somethin ~ as Counci l Member Clnpp suggested. Ms. Habcni chl opined 1ha1 it would save staff some time
and it would sa\'e Council some consternation . She su ggested ii co ul1 be pul on E-mail in case there is a
two week lag and th :y don 't ge1 a p.1 ckct or someth ing lik e 1h 111. Co unci1 Member Vormiuag sa id ri ghL
bul onl y irit is dated malcriol. Cil y Mana ger Clork rr otcd lh cy get , 101 ~r S1 ulTthrough and lh ey will lry
10 do bcncr :ind keep an eye on the time se nsit ive materia ls. Council Member Habenicht said it would iust
m.'lk c it eas ier fo r C\'Cl)body nnd I hen it put s th e respo nsib ili ty 011 Co unc il . ·
15 . Adj ournment
Th e mcc lin g adJ oum cJ :1 1 11 15 p.m