HomeMy WebLinkAbout1997-08-18 (Regular) Meeting Minutes•
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" ENGLEW!)OD CITY COllllCIL
ENGLEWOOD, AIIAPAHOE COUllf1'Y, COLORADO
lleplarS.....
Augu11 18, 1997
I. Coll lo Order
The n:gulnr meeting of the En~lewood City Council was c:,IJ,:d to order b)' Mayor Bums at 7:34 p.111.
2. lm'OC1tion
111c in\'<JC.1tion was given by Council Member Wiggins.
J . Pledge of Alleciance
Thr. Pledge of Alleginnce was led by Mnyor Bu ms.
4. Roll Call
Pr:scnt:
Absent:
Counc:~ Members Nabholz. °'"2-Wiggins. Habenicht . Vonniuag.
Waggoacr. Bums
None
A quorum was present.
li. Minutes
Also present: Acting City Man,,gcr Estcrty
City AlUlftley Brotzman
City Cieri< Ellis
Acting D1n:ctor K.1lun. PublJc ORS
Ass1Sl>nl Cuy Allorncy Rod
Cinderella City Counsel Milb
Director Simpso n. Ncigbborhnod and Business Da'Ciopmcnt
(a) COUNCIL MEl'nBER WIGGINS MOVED, A.Q IT WAS SECONDED, TO
APPROVE TIIE MINUTES OF THE REGULAR MEEn"IG or AUGUST 4, 19', r.
Ayes : Council Members Nabholz. Vwmmag, Wiggins. Halcnicht .
Wa ggoner. Clapp. Bums
Nnys : None
Motion carried .
(1 . Sch.cdu,cd Visunn
Mayor Burns :i dviscd ~hat under Sc hedul ed Visi tors tonight we be spcciaJ prcscmauons to four people
who paru dr,itcd in ·he. Lakewood Pl annm g Acade my. He said ~ •'315 lus honor 10 c...d forward iour of our
Planning and Zoning Com missioner 's. Billy Douglas. Kri5lin C.,Clle, ~m: Wc\,er and Cari Welker.
Knslm Cottle was not present
E■slcwon.t Oly Cuuncll
Aupll II, 1'97
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Mayor Bums l'.alod UWlt lhc:IC Individuals have co,nplC',cd a U1orough four mon/J, cpUltC or study 111 lhe
fWldamen1al1 or plnnnlng nnd zoning through the Lakewood Plnnning Acndemy . This Academy providts
valunble bacllground nnd lnslg ln 11116 1He eotnmunlly plannin1 prilcels And equips planning
commissioner's with the knowh:dgo n«esury lo n:ndtr balanced nnd lhoulJlllful land use decisions.
Mayor Bunui said 1J u11 he nnd 1hc Council wished to lhnnk them ror lhc ir pnnicipalion in thjs cffon and
their dcdlc.lion 10 the City . He noted 1ls11 theknuwlcdge lhey ls,vc g.1lucd and brought bad: with them
will be nf cnonnous vnluc , no1 onl)' ,,., the Commission nnd lhc Council but to the community .
Ma)'or Bums com me rued thnt he had signed up for I his t•\Q , bu! lus !chcdulc was sob.id that he didn ·1 get
lhcrc enough to gmdunte . But. he s.1id. I here were some very interesting sessions 1h01 he \YU able to
atte nd . He stated it is an c.l(ccllc111 program :111d perhaps we au ght 1hink of domg something like tl1is in
Englewood one or these dny,.
(a) Mnyor Burns orTcrcd his cougrnru l:uions and presented Englewood Pl1nlin1 and Zoniug
Commissioner Billy Douglns, Jr . wi1l1 a ccrtilicnle for his p:1rticipn1ion in the Lakewood Planning
A(...ldemy.
{b) Mayor Burn~ noted 1h:11 we will 111.1;..e Shre Kristin Coul e rccc1,'CS her c:ertiflcalt: for her
participarion III lhe Lakewood Plannmg Ac;idcmy
(c) Mnyor Burns offered his congr.u11 lill ions and prcscntcd Englc,,ood Plnnning ond Zoning
~onunissioncr Dave Weber wilh n cenilic:ue ro, his p.1rticip.11ion in the Lakewood Plilnaing Academy
(d) Mnyor Bums orrcrcd his co ngrntul111ions and prcsc111cd Eng lewood Plnnning and Zoning
Commissioner Cnr l Welker,. ith n eertilic.11e for his pnrticipation in the Lakewood Pl.uming Academy . •
Mayor Bums commc111cd 1h r.1 they :11so recc 1,·cd n ve ry nice pl:11111c from lhe Ci1y ort.nkewuod upon thc,r
grad11:11ion and ii re.illy was au cxcelle11t cours. . He til anked all 1he members who :mended
(c) Non·1ood MeF:1rl:md was 1101 present as scheduled .
(0 Ms. Chri ~ Moc \V:IS not prcscnl ns scheduled. She was scheduled IIJ di sc uss a building
code co ncern Council Me111bcr Hnbcnicl1: ndviscd she was co111ac1cd b~ Ms Moc Ms Habcnichl 1101ed
tlml she ,•1s11cd w11l1 so111c neighbors a11d has subscqucmly \ •~i1cd with Ac1111g Ci1 y Man11gcr Chu ci(:
Es1crly and he has been responding le. 1hn1 . She nJviscd 1ha1 Ms. Moc iudic:ned th:n she would not be
coming 10 Council 1hn1 she rclt thnl we were llJmg 10 work 1hrC1ugh ;,II or the co ncerns 1ha1 lhC) h.1d.
Mayor Burns 1hankcd Ms . Hnbcnicht nnd norcd he appreciated thm .
7. Non-scheduled Vlsilors
(a) Jim Recs. a busincssm\'ncr III Englewood . lJ25 Wes1 Kcn~on A,e1111~. s.11d he supporu
1hc idc:i. behind Counci l Bill No 7~ He 1101c he was here n co up le of \\l!cks ago wnh some numbers ,
which Council wholchc.1ncdl !' rc1cc1cd so. he -.:ud . he has more Mr. Recs s1:11cd he would 001 go through
the disscrt:1110 11 on why we should hme tlu s bill . I hat Ille) h.i ve 1ha1 111 fro111 or 1he111. Council. lie not(d.
has ind ic,tcd 1hcy would like to sec 1he s.11:trics increased He s1 :11cd 111,,1 lhc cos1 or living . or consumer
pn cc inde.,. o 1hc $-WO I hat Co1111cll 110\\ receives. 1ha 1 the v:1 l11 e or 1ha11s S809.20 That. he cxplainect.
is wh:11 II 1:,kcs 10 buy $-40G worth of 1979 goods . So. he s..1id, he would like to sec 1hc numbers doubled
so Council cu, slart ou1 on ::in C\I ·•• keel. He co mm e111ed th:11 he would :ilso like to see a cost or living
index of some kind pm on 1his so lh:il future C"uncil people do 1101 hnvc to go lhrough 1his. Mr. Recs
advised tli::.t the numbers he quoted were from Michael R. Mower, an eco11omis1 for 1hc lcgislau,·c
council. thal he gnve him 1he inde .x numbers to come up \\ith the $809 .20 •
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£nilowood Cl1y Cooncll
August 18, 19'.17
Pa&e J
There wtrc no communic.:uions. prodammtions.. or appoinlmcnlS .
9. Public H~arinc
No public hc:m ng was scheduled before Oouncil
10. Con.cnl Agcnd:,a
(3) Approval on Ordin:iaas on Fira Reading
COUNCIL MEMBER VORMllTAC MOVED, AND IT WAS SECONDED, TO APPRl VE
CONSENT AGENDA ITEMS 10 (al (II). (Ju), (Iv) alld (v) ON FIRST RJ!ADING.
(i) COUNCIL e:u.. NO 76. INTRODUCE D BY COUNCIL MEMBER
VORMITTAG
A BIL L FOR AN ORDINANCE AME ING TITLE 12. CHAPTER 5, OF THE ENGLEWOOD
MUNICIPAL CODE 1985 BY THE ADDmON OF A NEW SECT ION 9, ENTlnED PROHIBITED
DISCHARGES .
(ii) COUNCIL ElilLL NO. 75, INTRODUCED BY .Ol 1:,CIL MEMllcR
VORM ITTAG
A BILL FOR AN ORDINANCE AlTnlORJZING AN AMENDMENT TO 1ti!' P.eNEFICJAL USE
FARM • PROGRESSIVE FARMS l.£A.SE FOR A PORTION OF THE FARM (LINNEBUR F /\RM) TO
BE PLACED IN TilE U.S. DEPA!fBENT OF AGRICULTURE CONSERVATION RESERVE
PROGRAM .
(iii) COUNCIL Blil. NO . 80. INTRODUCED BY COUNCIL MEMBER
VORMITTAG
A BILL FOR AN ORDINANCE AUTiiORIZING A GRANT OF A UTILITY EASEMENT TO PUBLIC
SERVICE COMPANY OF COI.Qll.AOO FOR 1llE RELOCATION OF A UTILITY POLE BY THE
CITY OF ENGLEWOOD. COLORAOO .
(iv) COUNCil. BILL NO . 79. INTRODUC ED BY COUNCIL MEMBER
VORMITTAG
A BILL FOR AN ORDINANCE AUTI-iORJZING THE PURCHASE OF HOME LUMBER PROPERTY
BY THE CITY OF ENGLEWOOD . CVLOIVJXl.
(, l COUNCIL BILL :-0 78. IN, 1lODUCED BY COUNCIL ~IEMBER
VORMITTAG
A IJILL FOR AN ORDINA I\C E A.\l:E NDING TITLE 2. OF THE ENGLEWOOD MUNICIPAL CODE
1985 BY THE ADDITION OF A NEW CHAPTER 10. ESTABLISH ING A CODE ENFORCEMENT
ADVISORY COMM ITTEE FOR THE CITY OF ENGLEWOOD. COLORADO .
l•alewoo~ Ch 1· Councl,
Au11111 18, 199')
Paa,4
Vote raulll:
Ayes : Coun cil l,lcn11Jcrt Nnbhol•. Vonnhtns! WISBlns. HobonicllL
Wnggoncr, Clapp, Bums
Nr,ys : None
Motion carried .
(b) Approvnl orordinanccs on Second Read ing
COUNCIL MEMBER VORMITIAG MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEM Ill (b) (i) ON SECOND READING.
(i) ORDINANC E NO. 67. SERIES OF 1997 (COUNCIL BILL NO. 7~.
INTRODUCED BY COUNCIL MEMBER VORMIITAG) ,,
AN ORDINANCE AMENDING TITLE I, CHAPTER 5, SECTION 8. OF TI!E ENGLEWOOD
MUNICIPAL CODE 1985 PERTAINING TO CITY COUNCIL SALARIES .
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Mayor Burns commented that he did 110 1 think they could have nn csc.,lator in a council bill for saJaria..
because you would be raising your s.ilnl)' during yo ur 1cnn of office . Council Member Waggoner s.ud ·1,c
would not think so. City Attorney Brotzman nd\'iscd 1hn1 is righl.
Counc il Member Wi ggi ns asked City Att orn ey Orot zmau aboul the following example . He coru..mea:d
thal right now Tom Burns is 111:0;,poscd. so he m1 gh1 co ncei vably be rcclcc1cd . Mr . Wiggins noted if
Mayor Bums comes on Council agnin nnd Coun,;i l comes together with the two new mem bers rq:tbciog
he and Council Member Vor111i11ag , the seven or 1he111 will gel 1oge1hcr and lhey will pick a ~UC'~
Council Member Wiggins said leis :,ss11111 c Tom Burn~ is 11,11 clcctcL\ Mayor and !cts say Kells Waapner
is elected Mn yo r. but he is in his second tcnn . Mr. Wiggim asked if Mr . Waggoner will receive I.be salary
as Mayor as indicated in this . Council Member W:iggon,;:r stated it would be the old s:ilary . Canal
Membe r Wiggins questioned whc1hcr it would be 1he old s.1'11)• or if he would move up to the aea-sabry.
City Allomcy Brot zman explained that he is 1101 bei ng ree lected so ii would still be at the old ~ ... :as
Mayor which is $500 a month right now . Council Member Wiggins asked. if Tom Bums we re~
as Mayor , ifhc would rccci\'c the new Mayo r's sa la ry . Cily Allorncy Brot zman advised that be would
receive the new .s.ilary .
Vote rcsulU:
Ayes : Co uncil Members Nabh olz. Vo r111i11ag. Ha benicht , Waggoucr_ Oapp.
Burn s
Nnys: Co uncil Me mber Wiggin s
Motion cnrricd .
(c) Reso lution s and Motions
COUNCIL MEMBER CLAPP REMOVED AGENDA ITEM JO (c) (i) FROM THE CON SLNT
AGENDA .
(ii) COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS
SECONDED, TO APPROVE CONSENT AGENDA ITEM 111 (c) (ii).
CONTRACT WITH C &. C SUPPLY IN THE AMOUNT OF $27,468 .75. FOR THE PURCHASE OF
CATCH BASIN GRATES .
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~CIIJ, C•11dl
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Molioo carrial.
A)'O<: Council Members Nnbliol1. Vonnlltng, Wisginll, Habcnichl
Waggoner. Clapp, Bum,
.._,,., None
(i) I\ resolution declaring Englewood City Cooncil sup!)On of Ballot Issue Number
10. tbe Cob>ldD Traspona•ron Needs Act, which is being circulated for signmurcs for the November 4.
I :97 Gcncr.d Elcct,on Ballot '"" considered .
COWIQJ Me--, Clapp stoled there just doesn 't sccm to be enough detail as fnr as the bottom line what
tua-Wloe...-1. She said II looks like we would be supponing something 1ha1 would allow the
County so aaac: 1 at'W' tax . Ms . Clapp nd,•iscd 11111 she wan1cd the opponuniry to vole no on thi, as she
docs 1101 fed ,al comfonable with it.
Mayor 13arws-,.;,od that this is the CTN plll!)OAI . which is 1he. oon of, companion tax is.sue on the
balloc this fall lllaag ""1h the Guide the Ride Progra111 . Both or them g,ow ont of tl1e Governor 's Blue
Ribbon Pad• Tr.uo,ponation and they have bec11 di.scusscd at Transit 97 . Transit 97. he noted. bad a
press~ lasl MCI< wi1l1 regard to Gl!ide the Ride but nOI CTN CTN I.id to gc1 ballolS and
signanucs and lit a..ig111 it Aili had another Acp to go through . But. he said. CTN i, the i..,.... in user
foes of ,-an(JIIS !kinds. inc:luding a gas In:< increase of S.05, S 1.00 incrc.isc on the vehicle registration fee
and S 100 00 ~· v.,--heds ta.--.;, which funds highway projects in various pans of the Stale including some of
the,...,,.,....._ 'lie l!Clal that both of these ite111S an: 011 the agenda on lhc DRCOG Bo.ird Meeting on
Wednesday ,lipl ud he didn 't know whether Cooncil wanted to give hi111 any panicular direction with
rogard IO* Clll _..1. Of course. ho IIOl<d. Council passed a proclnmation unnnimously supponiog
Guide Ule tik. .. -is not a problem . CTN . he said . is still being discussed quite widely . He advised
that it bas boao ....,....i through C\i:ryone he hastalked 10. and Transit 97, 1h.,r th ese two not be bundled
togcdler far......,_ 11ocy an, really being kcpc separate. He noted he weru to the Southeast
Tra...,.,.,.._ ~t Organization meeting Fnday. right after the Arapahoe Mayor 's and
Managff"s-~ Three Coanly Conunissioncr 's \\ere al the brcakfaSI and one of them. Pully Page.
chaired tbe Ttampomrion Cormnincc meeting at SETMO and they ,...,., all talking nbout CTN . Guide
the Ride LakEweod Ma,'Or Lind., Monon. who chairs Trnnsit 97 and the Mayor 's Caucus. was at the
SETMO ~ and giving her pitch for Guide the Ride . Mnyor Bums advised th111 she also agreed that
thC!C a,e ~ ~ sl10uld not be bundled together. Mayor Bums pointed 0111 1ha1 Council has not had
a chance 10 Sb111:, Ille CTN propos.11 111 a Study Session. which he 1hough1 they would do befon, they would
vote Oft it. He said he IS not sure whm Council wants ham lo do as filr as lhc voting on Wednesday night
at DRCOG. He111Cknaaicdged it is on issue or some complcxiry. He snid he is not sure whether Council
h:1s it bul tJtat: there are top questions and m\S\\-crs on this proposal thm have been issued by 1he CTN
people. He DOCed it lS DOl in their p.-ickc1 . but that he ha s it and he was sure Council would wanl to sec it.
He said he ,,U ,-c u copied because ii asks a lot of very pointed questions about why these incre.1scs arc
pro~ •• ~ a,c about , wny they don ·1 come from lhc Stnlc budget or the General Fund , what
projects an: bc:ulg built 3CCOrding 10 this suggested incrc.1sc in u!iCrs recs . He advised that cities and
c1Ju nti cs do sbtt-in 1!ns.. where th~1 often don'I at the State lcgisl :llurc . Council Member Wiggins
commc:mcd ut:MI ~ ba"cn '1 shared in the pa st Mayor Bums agreed 1111d ndviscd that if it comes from
the Stale lcgi5 re. rhrough the Gcncml Fund . lhey haven't been alloc.11ing funds ror Joe.ii govemmcnl.
TIIIS proposal ,bes
Council Mcmta Vomuttag nskcd 1f he could mo\'C to pos1po11c I his for lwo weeks . Council Member
Wiggins ast:cd rl hc .,25 tabling it. Mr Vo n11111a g 'X>llllllCIUCd lh:11 if they li\hlc it ii is dead . Mayor
Burns saM:I be t&..iug.br lhat either way they can bring it b.1r.k . He advised that he called this morning about
it becnuse he thamg.bt they should al lc.1s1 hn vc n study session on it before they pu1 it on lhc Consent
En1ltwood Clly Council
AullV■I 18, 1997
P1p6
,1 > I 1, l,:oil
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Agendn . He ~,Id, as far as whal Council might w•nt him to,_ odnesday night. that he can ~ -~ I(,
U1cy wnnt hhil to do Uwt. S..:.use, he ootod , ti-an:.,,,,. .... ol dlu he fovo" and Olhcr people. such
u LitUe1011 Mayor Dennis Reynolds who lws qUCIUOtll.,.. if lliliclo lie bu voiced to him and did again
ot U1e brenkfast on Tuesday . So. he soid. •lie proponents or.-.... ..., being ntther c:an,rul to keep them
scp.,rntc, that they arc diff'crcnl issues.
Couacil Member Nabbolz statod she would appn:ciale. Ill tbis ,..._ 1111111 they have an opponunity 10
study ii and take a look at it. thal 1hcy take a ncutrnl posilioll on 111. She said slie is also ooncemcd Uwt
they arc hooking ii 1ogetJ1cr.
CoWIOil Member Habcnich1 soid she would like to ask Aeling C'IIJ' Manqcr Esterly ir he would say why
our staff is supponing it. Mr. Esterly c.,plau,cd thal u was a '"'IICS' Lhal came through from tllC Colorado
Municip.'ll League and we actually snw no reason nOI to 5Uppml il:nnd...,, were soliciting suppon rrom
around the Srn1c .
Mayor Bums commented that the E.-<ca1tivc Diroctor oflbc Mwtiitiipal l..c:ague was at the breakfast on
Friday 1U1d he did gi1-e n pitch for this. Tiie thing tlWI Ille Lape'llikcs about ii is t!w then: i, local
foading Uwl goes with it. Mayor Burns said U1e niemo said UIC Clily ,x Eagkwood would r<ecivc SS .2
million over time. Council questioned whether the SIOi,000 6-.,.. aa anuual ligun:. Aeling City
Manager Esterly asked th.11 Acting Dirce1or or Public Works Rid: i:allm address Iha& question .
Council Member Habenicht said tlial slie thinks ii ii imporlalll ,.._. thi>. Slie agreed 1ha1 ii is
101ally. something 10•1lly separate. But at tllC same time. she..._ Eaglewood lw ccnainly supponod
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the Guide the Ride in terms or the rest of the municipalities tliol _,.. bdpcd support us ,.;th 01,r quest for •
light rail down the soutlm~st corridor. She said she 1hi11ks al5o a,Got of lloc things 11,aun: decided in
tcnns ortmnsit for our metro ort:1 ore dctenni11ed by 1bc whole St:ino and lhc S1a1c legislalurc. She opined
that All or tr.msporunion is import:1111 for nil municipalities. Oda-llllUNC1palities acrou the S1a1c
ccnainly an: being nskcd 10 support tlie needs or us in the mctlD -.. Ms. Habenicht olTcn:d U10 opinion
tlml while this moy no1 be a huge boon 10 us in Ena)cwood. or....,...,.., lhc strongcsa thing for just 1he
metro area. thnl mw1icipali1ics 1hrou11hou1 the Stale ..oold be --ly served by this ordinance .
She pointed out 1h11 it is a IOC!I control issue or brood based <XlllCalll. For llwl reason. she staled, slie
would suppon it and recommend 1h,11 t¥layor 811ms suppon ii a1 Qacxx:; and have Council's suppon of it
behind him . At the s.1mc time, she said . she would want to grvc hum the authority , that if some good
strong argwncnts would come up. tha1 would be n:1sorob&c for tJ,e ibun 10 come back to Council. Mayor
Bums could Sily .. hey now listen we came with tlus support ilUU;tJt~ .. bu1 1hc discussion ensued " ... and
then hnvc it come back 10 Council. Council Mcmbct Habcntcbl s.uu! she ccnainly wants 10 sec Englewood
being supportive of other muni c1pnl11ics ' ncc:ds . whenever it isn ·11 WI our d1S1dva111agc. And. she noted .
she docs 1101 think this is 10 our d1s.1dv:1111nge nnd ii would ccnaml'.t, help a lot of ocher communi1jcs ncross
1hc Slate .
Acting Director Knhm s.1id. in addressing Council ·s question 011 fi.1 mdm~ a.Jong with 1hc request from
CML cam e on cs1i1n.1ted schedule of revenues. He ad\'lscd 11'"11 Eng;lcwood 's share would be
approximately S407 ,000 per year for lhc length of1hc program. Hl!-gid be doesn't have 1hc packet in
front of him, but !hat he beli eves 11 s11nsc1s in 13 ycan;. M.'.l)Or Burns ad\iscd lhnl it sunsets in 2010 if the
projects arc 1101 completed earlier lhnn th.u . He noted there nrc 2i, gvnposcd projects sclecicd b} COOT
and 1hc 101.11 fundin g. 111 1h1 s sc hedule fo r Englc\,ood, ,,ould be S5 ~ million over 1ha1 penod of time.
Council Member Clapp w:u11cd to k11o w if thC) had :111} idea I~ rlllti would 1111pac1 a fanul y umt. She
asked , .. hat 1hc percent age will go up on \Jclucl c reg1sa r:111on and wlt un JS the new wheels 1:ix. Is ii the
purclutsc of a 11cw ai r. ,,he11 you go 111 a 11d rc-rei;1 s1cr. a11d nl.._,, 15 dhcrJl(rccn1.1gc on thal'! t..ls. Clapp
,;.,111111cntcd 111:11 she lms a ha rd 1i111c sup po r1 i11g so 111c1 lung whe n sh~fdocsn 'l hnvc all of 1h.at background •
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Eapewood Clly Co••o.•11
Aupll 18, 1997
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inf..-ion. Mayor Burn11t.11cd lluu he 1houah1 1ha1 wns a aood poin\. He noccd Uicrc is infomia400 in
the question and....,..., list. He so i ' it rcnlly 1ivcs you n lot of unswcrs 10 those questions, because they
an: cacnlially ,_ fees . J'hc uucking indusuy tends 10 be opposed 10 this i,,:causc ii is a usu fee . One of
the n:aponscs IO 11!11 that 1,u aivcn Fridny lo 11111 ,•.as "well if you act U,c Gcncml Fund 10 pay for that
insu:ad ofUte llUdlc11. 1hr I would 10 for thlll ." Mayor Burns advised !1011 a lot of people Sllppon user fees
when il coma IO lltia killd of funding. because then the people who arc actually using U1c facilities and the
roads arc actually peying for Uicm . Tl-,1, he noted. is one or the araumcnts and Uierc is some @OOd
niaterial U1ey hll,·e passed out on this lhlll Council ccnainly should i11vc. He stalNl 1!111 he finds himself
supporting this personally. He opined ii is probably a good idea even though there arc some questions
about all of Uie p. 'icclS . Sonic of the material says !1111 "" got behind on our funding for our roads when
1.hc ca,nomy dippc:a 1., 1hc late 80 's. When we were in the recession the legislature got bcbind the curve.
so lo speak. on highway ,, >dins . And this. he noted. is an anempl loll)' 10 make some of that up.
Council Member Vonni11:,g nskcd Aelin g Dircc1or Knhm if I here would be a prou lcm if this was
postponed for two weeks. Mr. Knhm advised tlmt there is no timing problem at all. In fact . he s.1id. as the
Municip.il Lc.,guc .tsk cd for suppor1 . al 1ha1 poinl in lime the pcti1ions for signalurcs to get on tJw: election
were 51.ilJ being ci rculalcd . So. he noted. we arc 1101 even sure it is on the b.11101 al this point Mayor
Bums sm ted . 11,11 as for ns tbe bnllot proposal is conccmcd. there is no problem 11 all postponiog this for
Council's study.
Acting Director Juhm snid. 10 put it in perspective. present!)' 1J1e Cil)' gets approx im.11cly a million dollars
a year from Che Hjgh way Users T:ix Fund . So . he advised. t.his would go up about -111%. it would be that
type of increase .
• COUNCIL MEMBER VORMlm'AG MOVEI>, AND IT WAS SECONDED, TO POSTPONE
ACENl>A ITEM 10 (cl (i) FOR lWO WEEKS FOR FURTHER STUDY.
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Council Member Wiggins advised lhat he goes along \\ith the 111011011, but for the mcclrng Wcdnesda_\' he
staled he would go alo ng with 1hc Mayor supponing ii. Mayor Bum s asked if 11,11 was the consensus of
Council . Several Council members indic.itcd their a~mcnt ,\.i th Counci l Member Wiggins . Council
Member Wiggins s:tid that he agreed wilh what Council Member Habenicht said. aOOut sometJ1ing crucial
comin&up.
Motion carried .
Ayes : Council tl.·tcmbcrs Nabholz. Vor min:ig . Wigg ins . H.1bcniclit ,
Waggoner. Clripp . Burns
Nays : No ne
II . RCJ:Ular A~enda
(o) Approval ofOrdinnnccs on Firs t Rcadi 11 g
(i) Assis1a111 Cit y Allomcy Reid µrcsc,ucd a rcconun cnd;Uion from the City
At1o mcy 's Office to adopt a bill fo r an ordi1 mncc remov ing c11 1111nal pcn:il1ics for min or 1raffic viol auons.
She advised 1ha1 cu rrc11 1 ly all mumcip al ordi11ance v1olations . ,, i:•,~h 111cl 11dcs 1raffic. arc criminal in
nmurc and therefore h:.,·e a possib le Jail sc n1 cn cc as pa n of 1hc1r venally. Co uncil Bill 77 would
recommend rcmonng crimin al pcna llic s for some minor lraffic \10la11ons . \\luch ,,oul d make th em 111 the
nature ora civ il issue and a civil penall y. She slat ed 1hm 1hc) feel mos t nunor 1raffic \.1ola11011s arc more
easily and cfTccU\ely han dled as civi l 111:lltcrs. thnl the prosJ)\.."'t t of aJtu l sentence JS 1101 necessary for 1hc
enforce ment of those . O1h cr traffi c v1olat1011s 1ha1 arc ofa more sc no11 s nature , such as c.1rclcss dri vi ng,
reckless driv ing. no proof of in surance. and those 1ypc of ollcnscs would remain crim1n.il in nature . She
En~lcwood Cily Council
Au11111118, 19'7
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h>•nh) (II Jliuu"'' ii]
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slJllcd they think that the decriminali,... action would dirnlnate tl\e very dc:11ilcd criminal procedunos
that an, ntlachcd to anytlling thal Im a ..-pcnillty . sue• a, Jury trials. coun appointed ccunsel, ,
,111111101 procedures when someone &ih ID;app<ar in coun. Ms. Reid explained thnl if Council •B"""' to
dcorimlnallze these types or minor tnlllc,iobuons. the fines would be collected . not with W111T1n11 or
1111.,i., of jail, but would be collcc1cd iltacivil I),,. manner . Mon: spc:cif,cally. she advised, llie1i111 line
of collection would be to put a hold on tllcirdma's liocn,ewlth the Deporuncnt ofM01or Vehicles 10
they would not be able to n:ncw their drilws lia:mc until the penalty had ,en paid. She stated they
wculd envision that this ordinance""""" p, inlo dTcct January I. 1998.
Mnyor Bums 11oted that then: an, CxccpbDIIS for the more serious violations that an: not dccrimlnallud.
Assistant City Anomey Reid said yes. tlat ~ be careless. reckless and no proof or insurance , She
advised there is also the issue of ... if-iluo111cthing that would be say four point< or less, other than
the c.,rclcss driving, 111.11 an officer thougld "'¥ of a more serious nature . due 1u 1hc fa cts surrounding the
incident . they could still charge them,,. s-ccun .
The Cit)' Cieri< was nskcd to n:od Comd BiU No 77 by title :
COUNCIL BILL NO. 77. ll'mtOOUCED BY COUNCIL MEMBER WAGGONER
A BILL FOR AN ORDINANCE AMENDING TITLE I, CHAPTER 4 AND 7 OF THE ENGLEWOOD
MUNICIPAL CODE 1985 AND BY ADDING A NEW CHAPTER IBTOTITLE 11. REMOVING
CRIMINAL PE NAL TIES FOR SOME 11lAFF1C VIOLATIONS .
COUNCIL MEMBER WAGGONCJt.MOVED, AND IT WAS SECONDED. TO APPROVE
AGENDA IT[M 11 (a) (1) • COOPICD: ■D.L NO. 77, ON nRST READING .
Council Member Wi ggins nolcd . on lb~ iho ld on 1hc dn\Crs hi:.:nsc . ir they do not p.1y it it goes to Motor
Veh icle :111d Mo1or Vehicle\\ ill uoc renew thei r license ,uuil they nt.1ke 1his good . He asked if 1his stays
applicoblc in the other H states ir thcy do llOI mnke it good . or is it onl y for Colorado . Assistant City
Auomey Re id advised it is jUS1 for Col<mldo. Council Member Wiggins said dam . Ms . Reid explained.
after 1ha1. ifth:11 docs not wort< then Ifie C'"'.' has the option or going to a collection agency and collecting
ii. as an y other ci \'il Judgmcnl woul d b¢: Council Member Wiggins poinlcd 0111 that II 1s not profilablc 10
go 10 a collection agency when the) 10 ,mother stale . but al le.1st we got them out of Co lorad o. wh ich
is a gain anyway Ms . Reid agreed Lhnll ,s :i pin Sh e commcn1ed th.i t we don 't kn ow for su re. sin ce we
It.wen 'I done it b<J orc. wh:11 the pcro:unagc nould be . but that it is prob.1bl y about the smn c as pe ople wh o
have failures tc ap pc.:u and wa rr.uns. wit.10 a lso skip 1he Sime .
Mayo r Bums nou:d. 111 a dccn mm.al12cl ~sa em. they s1 1II accumulat e pomt s tmd cr 1hc poinl sys1c1u so
1hc1r dnv1ng pm 1lcge \\Ill be suspcnc!L:::I the s.a mc w:1~ as they ,,ere be fore . if 1hcy have those kiuds of
vio l:1uons. Ms. Reid co ncurred and n,:ncd tha1 wlulc 1hc dcc ri111i11a li 1-111011 ordin:rn ce would 1ake aw;1y the
po ss 1bil11y of six month s III Ja il . \\hich 1s m 1hc.rc now. 11 also i11 cn::ascs 1hc amount of Ilic fine they co uld
have. if th ey an: m1il11pl e olTcndcn;
Council Mc1nber Wi ggi ns s.i id . bacl L"'1 hat quest ion Ma yor 811ms asked . tli.11 1hcy migh1 be sus pended ,
bul by the s:une tok en Motor Veh icle :nnd the couns do 110( accept a suspe nsion unless th ey hnv c bee n
pe rso nally sc r\'cd He asked Ms. Rei •1fth.'tl was right. Ms. Reid sai d ~-ci, and asked ifhc was ralking
about . for e:~;:unplc . 1he ph 01 0 rnd.1 r tssucs. Mr Wigg ins s.1id any of lhcsc issues in here . if they
accumulat e enou gh poi 111 s 10 get ,.m.., lJCCtl:jl! su~ndcd. but III fa ct th ey keep movin g. nil they have to
se nd is n certified letter of1hc1r last \O~m ildd rcss. bt,t "Joe violmor" JUSI kee ps mo vi ng. thus he 1s nol
se rved So \\hen an offi cer stops hum he 1s under s11spc11 s1011 by I he ir records. so he \Hil es under
suspe nsion pl us NO L. no ,'3 hd op:r:mors hccnsc The gu) co mes 10 cou n and yo u ca11 ·1 prosec ute 111111 for
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J:a&l<wood Clly Coun<II
Aucu>t 18, 1997
Pag< 9
under susp<nsion. bccaust he hos not been properly =·ed . He nskod Ir that is corro:1. Alli-City
Attorney Reid n:spondod th nl is tn,c, c.,ccpt we don 'I do suspens ion In En&Jcwood Muaidpol Coun
an)'Wll)'. lhat Is County. And lhcy hnvc lhat problem 1cchillcoll y, ,he said , because ii is thcprot,lcm af,_
Dcp.1nmcnt or Moror Vehicles find ing 1hcm.
Council Member Hnbenicht asked ;r lhtj don'I hnvc a suspended license and they can do lhaL wt,aa wilt
happen 10 them . She said she isjusl concemcd thn1 wluu 1hls is Is Ir you P,lf you dri,-: and iryou cao 't
p.,y thtrl you don 'I drive . Assistnnl City Attomcy Reid lldvi:icd no. that it would 10! chaABC thlt
paniculnr issue, because when ii comes 10 su spendin g n drivers llcco.sc 1hat is In the purview af the
Dcp:uuncnt of Motor Vehicle and lhcy arc lhe one, 111111 suspend It anyway. She Slated Ulat, whether it•
crimlnal or civil in nnlurc. lhcy sl ill accn,c points ir lhcy gel a convic1ion in tl,c Englcm,od r.oun. If U.,,
get a conviction. she said. 1hc coun sends in lhc notlficlllion of lhc conviction with the poi1111 and the
poinlS ore logged by Motor Vehicle as 10 how m.,ny po inlS lhcy hn vc. Thero. sl,c noted. whcs, Malo<
Veh icle finds they h,,vc a ccnain number of points th;,1 wou ld meri1 n suspension , that is when their
prncedurc. 1hnt Conncil Member Wiggins was tolking nbou l. goes mlo effect . Then lhcy noufy 11-ID
come in bccrnsc they arc suspending thei r license . She 1toted 1h:11 hn ppcns either way. whtthcr u is
crimim1 I or nol.
Council Member Hnbcn ic hl asked if lhcsc people cnn plCI b.irg.,in. Ms. Rcrd responded yes. She .,,;,I
lei 's say for e.«.imple ii was a lwo poin1 licl«I . Thal is Slill 3" iSSlrc. t1 1111 is Slill something tho! cao be
done. She no1od we think it \\otlld be done in simpler ond more streamlined 1nctbod and"" are hopiac .,
work toward something, possibly even ror a mnil ~in ticket. But she noted , al this time 11e are noc
con1empl:ning the kind ofmnil•i n ticker like Denver h.ns. which i; like iryou tnail in 1his1ictel )l.U get.
two poinls offnnd thnt's ii. Ms . Reid ndviscd 1h.1111,c prosccu1ion dcp,,~menl of the Ci ty feels that you
s:iould still lnke into consideration someone's past dri vi ng record when you make any kind or a ::,lea
bargni n offer . 1ryou give eve rybody two poin1s off irtl1cy mt1il in lhcir ticket . there is no credit givca ID
good drl\'crs or no extra punishmcnl for bnd drh•crs. So . she Sc1id. they would envis ion .:a tlus poin1 still
looking nt e.,ch vio lntion to sec wh:11 it is. to sec whnl ki nd or record they amcmly h:l\''C and ddermioe:
any pi e., barg:1in th:u there 111i~h1 be on poi nls based on thnl.
Council Men1bcr Waggoner c.1l lcd for the qucs1ion .
Vote rtsulu:
Ayes : Council Members N:1bhol1 .. Vc.nnitt ng. Wi ggins . Pibemcht.
Waggoner. Clapp. Bnm s
Nnys : None
Mouonc.imcd
(ii) A rccommcnd:111011 rrom 1hc Ci t) A1,·o mcy·s Offi ce to adop1 a bill for an
ordinan ce ap provi ng an agreem en t ,\i lh Ci nd ermnk for 1r.111sfe r of "',V ll t"TTi hip or1hc Cindere lla City
propcny \\:ts co nsid ered .
Mayor Bum s noted thnt the first lim e Co unci l hnd I hi s bc~o rc them !hey npprovcd n fo nn orru1 ordill3J\Oe
and it was substantiall y cha nged and Co uncil s.1id !h e nex1 time they wanted Cinderm.,,k to sign it first.
He advised thnt as or l:lle 1his an ... ..,noo u 11 :i ppc.1rs we have a faxed sig nat ure fr om Cindenn,ik and that w.c
h:1\'e Mike Miller with us .
Michael Miller st:ucd thnl he is actmg as Special Counse l lo the Ci ty wilh rcgn rd 10 the Cmde nna.k
agrccmcn1 He nsked th nt they norir:c 1hc lop or1he fax ,\Inch s;1~s 6·.i9 th is evening Philadcl pl ua tune.
which is n hy they jusl rtccl\·cd it . He advised 1h:11 the n~rccment that Council has in rront or them . wbdl
they micwcd in Study Session. has been signed now b) Kr.l\'co He s.11d he :1 1so spoke nt abou t .a ·JO tlzs:
Eolllff'Nld Cli_v c_,;i
Aueul II, ttt
P•ce ;o
UIUt: ) , hoo l:io if
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at :maaa willl a trs--:ivc (rom Bqnlllble wno also 1\111 npp,ovcd Uic ogrccnlj'nt wllll IWO cavcai..
which hcald.llc•All--to Council . Mr. MillcrSUllcd 11\111 U,c only =n Uicy do not have lhc
EqailJble .....,_ Iii UIII thc pcno11 with signiaa autllority hos now rc1i~ and Equl1ablc needs 10,
through lhcir own itamal proccs,. deputize somebody wilh signin1 and1ori1y and thAI could 1101 cc:cur by
1his cvcaing. Bue tbe ...,,-.ntalivc of Equitable hns signed olT on lhc agreement Mr. Miller said lhe
c:tvt:1111ft ~-He Did .bey hive asked. 5Ubjcct 10 Council's apprr.v~I. n:garding paragraph J
(c) of111e ........-_ 111_., will ,r,,cillc:>Jly c.<eluac nny warranly n:aarding Ute parking s1ruc1un:. Mr.
Miller co,,-11111 lllll• Couacil knows U1is •&l'!<1ncn1 com ,inplnics 1!1:11 upon closing 1hcrc will be a
rclc:u: of 11>1y obli...,. fli the po,kina Sll\!Clurc , He said Uicy do 001 wnnl 10 make any warranty os a
con<!ilioa o( lhc: ..,t,iata IINCIW'C pul'IUIIDI 10 U,i, ogrcc111e111. He .ialcd ti.ii WC did DOI conlcmplalc thal
lhc:rc ""'1id be uy .....ry as to U,c plllking structun:. Tiic second ilcm Uial they want is in p,1r.1grai:h
S. I (c) dwillg will, tmTwamutics . He advised there is a provision that says if any cvcnl uanspircs after
1hc agreement is lien-, which would rcl)dcr the warranly no longer accuralc, 11'11 they w.,uld tu,vc an
opponuniry io cure lhial. He sud 1hcy want 11 similar right if a warranty i5 currently not accura1c. lhat
before the Cily w1IUld,..,.... a claim lhey would notiry them and give 1he1<t an oppoctnnity to com:ct Ille
error before lhey Mff llilbk. Mr. Miller so11d he thought that was 1hc intent of the agreement. but the way
it was drafted. on rcnecuon. 11~ fcl11hn1 11 needed 10 be clnriCicd . TI1c last ilem . he advised. in paragraph
11 .11. 1hcrc is a dcfi !UDOJl of knowledge . He no1ed th:11 1hcrc nrc many provisions in lhc ngrcerr.ent that
say 1hal 1hey arc repraaalgg 10 w; 10 the best of their knowledge . He advised I hey would like 10 limit tlial
knowlalF to lhc: kmwllo9: ,-,{ Gn:g Moore a• the representative of Cindcnnak. The n:ason being , he
cxplaiacd. is 1h11 diis,....,. has ~cd for over JO years he would guess. People l01yc come .,,d gone
and tl,cy do DOI WMI tok cb:llgcd wilh 1hc knowledge of somebody who may have been here 20 years
ogo. Coincilicnlally, hesaid, Gn:g MOOR did run U1is project when he was in Denver before he 1\115
transli:rrcd 10 Adanl3t So .,._iy, he p.>imcd out, the pcnon currc111ly having U1c most knowledge of
t11is project is. i-. Gtq Moore. So ogoin . Mr. Miller .. id. he docs not believe that is a significanl •
change . He porntcd ou~ llilal all of our dealings lsive been with Mr. Moore on beh.,lf of Cindcnnak . So,
he noted. there are 1hosl: lllree cn'e.115, tlK. signmurc from Kravco, and he s.1id he has an assurance from
Equilaele U.11 1l,c •~• "ill be signed as presented l\ilh lhosc lhrcc clarifications . Mr. Miller staled
there are two 01.hcr uems 'he needed to point 0111 to Council . This agreement, he said, is being µresented to
Council with the undcrnnmd.i ng Ihm there will nlso be an agreement rcgnrdini.; the Selby p.1rcel. It is their
unJcrstand ing iliat the Ciny will agree 10 the sub lc.1sc. Indeed, he said. we hm,•c prcp.1rcd and we have nn
agrcc•nen1 on th.11 sub1c:usc. The) h.1\'e asked for a couple of ch.inges . :1c advised. which :1rc consislcnt
with 1hc Ci1 y"s undcrsi::u11ding. In essence 1herc will be :1 sublc.uc for !ile remaining term or1he Selby
parcel and lllC) wiU ba'ictllhc nghl to termin;.1e it on six ;nunlhs prior nolice after the firs1 }'c.1r. If they
should tcnninatc iL tJ\Cnl the Cu:-would 11.1,·e the right or condemn:nion or they would be back to where
lhcy arc no\\ Mr. Miller staled th.111 ht.1• w:1111 to 11,:1kc cennin that •!Jc Cicy doesn 't 1enninmc thal
agrcr.mcnt as :: mct.hodo (bg>• of circumventing the lc.1sc :1nd :Utempting to then condemn them . Mr .
Miller ad\iscd that thal WollS coosislcnt with the City's un,Jerstanding so he did not bclic\'C tl1.1l \\Ould be a
problem He s:iid he didUl~, want to go into the sublease nu he just wanted Council to appn.-c ia 1c !he fact
that the agrccmcm to u::uusfer the Cindennak property curies with ii the understanding that we will also
ha,·t an agreement on thi: Selby parcel. Which is so mct ung 1,,e City ha s been anxious 10 ob1:1i11 for some
time . so. lie noted. it sboutld be consistcnl wi th 1hr C.1) ·s um1crs1nndin g The l:1st thing th:11 he wa111cd 10
bring I" Counat ·s aucnncm. he s;ud. 1s \\hy 1his ca me 31 the hour ii came . He advised !here is a
discussion currently go.ug,,on between the partners the1nsclvcs. that doc.s 1101 impa ct the City. with regard
to the financial obligau o111 iDf Cmdcrmak under 1his agree ment. Mr . Miller s1a1cd th:11 the in di\'idu.1 1
partners wan! 10 be SJUSfi i.:::I from 1hcir Eq111t :1b le rcprcsc111a11ve thal he docs in fa ct have a ha ndle on what
their oblig.11ion and nuJnb::rs are He is pro \'iding th em the del;i il of that budget. Mr . Miller advised 1ha1
they arc not ask.In g for 110.i !llung from the Cu) at tlus pornl. bul there is an inlernal m.iuer going on
bc1wecn them . He s:ud 1w!, fceling JS 1ha1 the Cit} \\Ot1ld ob1:u11 a sub slantial lcvc r:ige. assuming ll1e
ae,rcement is otherwise aca:ptabk. if they \\ere to :ipprovc lhe agreement and present ii to them arid say •
this is the basis 1h.1t tbe: C'"11t' w1ll accept 11 He s.1i d he thinks we have put 1he111 111 :1 position where they
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lnalewood Chy Council
Augu!I 18, 1997
haett
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I ,II """" !J ) ct
will DO IOllact be nble lo come back to UI u they hayc (Qr wllll is -lllm::,cws. So. he said. llis
reco11U11tndation is that (he Qity adopt tho ag...ment 11181 ii r.. in frQJII Ill ii. MIii ... llucc clariflCll.iOGi
that he mentionc:d which . he said , he docs not believe .,. S1IIJlaantivc. He .., ii<! llliab llley are c1ean...,.
items.
Council Member Hnbenichl asked if they could lc,vc n subsequent. son of a .-al, equitable, .,,.,..ocnt
on 1h01 11.11 Knowledge. limiting the knowledge to llc11 of U1is Cooncil. Mr Miller said in other words
the knowledge of the City would be limited to the knowledge that anyone C\lnlallly sc,ving on the Council
hns . Ms. Habenicht said yes. Mr. Miller s.1id tbnt is fine . Ms. Habali<'.ht said •·bcn • asked about her
concerns befon:, wl c11 she wns trying to c.xpn:ss. that she thougbl lhal ._... the same...,.. she had.
Obviousl y, she noted. they hnd the same kind of feel in~ •he had and -1,e it could jal be mutual. She
said what she is saying is tllllt she understands their thinking. Mayor Bums -that llley miaht
do lllllt, but thnl he wouldn ·1 be a bit surprised. ns a pnblic entity . :hat thal is -soing to hold up in coun
if challenged . Council Member Waggoner said it seems like thal is what ii SIIJS •-~· City AUorney
Brotzman slated it is pretty close 10 1h:11 anyway .
Council Member Vonuinni noted 1h1s is Council Bill No. S2 hurodua:d by CC¥Dcil Member Waggoner.
He asked City Anorncy Brot :1.mm1 ir this is a second reading or a first rt:3diog. M.r. Brotzman advised tbal
this is a first reading as amended .
Council Member Waggoner asked Mr. Miller if he wa.s sa ti died that the cbaops in this panicular clrafl
satw'y the oonccm.s Uull they had o,-cr lw.1nlou.s material and Ute timdillCI tlrol • bad established. Mr.
Miller s.1i d yes.. 1h.1t there is a provision that Cindcnnak or its contractor is obfiplcd 10 sign the manife.t.
they h.1ve agreed to iliat and ii is now incl uded in U,c agrccrncnl Mr. Milla ,mod lh:i1 they contemplate
that the contrn.:t with the con1 ractor will lmvc a liquidated d.1magc prorisioll-., will be bonded . He
advised they do not h:i vc the ag reement in fronl of them . 8111 . he pointed out. !:.tunc:il "ill have an
opponuniry 10 npprovc th nt co nlmct .
Council Member W:i ggoner pointed out 1Jm1 Mr . Miller was conc-::rncd wi tb lh31dhcr major pamgraph in
there on the 1imin and obligatiN\S of ~1ch pany and he was goi ng 10 change ;Ltl lhaL Mr. Miller advised
Ua,1 has been cl .inged and. for n:asons that will become apparcut a.s ume goes "'"""rl. be thought the
timing wns gomg to work oul ns they C-JIUC1t1platcd. He s.1id he docs not tJu.nk. tma is png 10 be a
problem .
The City Clerk was asked to n:nd Council Bill No . 52 bY titl e:
COUNCIL BILL NO . 52. INTRODuCED BY COUNCIL MEMB ER WAGGOi'"ER
A BILL FOR AN ORDINANCE AlJTHORIZING A PROPERTY TRANSFER AGREEMENT
BETWEEN CINDERMAK ASSOCIATES AND THE CITY OF cNGLEWOOI>. COLORADO .
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED. TO APPROVE
AGENDA IT[M 11 (a) (ii)· COU~CIL BILL NO. 52, WITH CLARIFICA TIO ·s. ON FIRST
READING.
Council Mcmt::r Waggoner sa id he thought it would be good 10 let lhc public k::no,ia th:11 it was not
Englewood or the Coun cil thal has been holdin g up th e p1 ojcc t. tha l ii has been tfK process with
Cindenunk and that side or the b.1rgaining !able r.uher lh :rn 1he Cil}. He commcan.cd that he knows they
have been criticized for laking so long 10 come 10 som e type of an ac11on "ilh Cmdc:Jrlb Ci 1y and he
thought now it's time Ihm we c:111 move forw:ud since \\Care gelling 1h1s clO!.C.
S-.lrned Chy CaHcil
A...-11,1997
.. IJ
11,r1111 J (h ) l1 1 r1'Jl~n
I 01 ~I l"l'~n;
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M.o!,,« Bumi said dwl Is a good painr and 111111 he ngreed . He aclcnowlcdged this projcel 1111 ,..,. an tor a
-. tlae, bur we .,. roceiving 1iUe10 properly plus lhe money 10 nitn<dille ii from Olndennak, Instead of
...i-,ing ii 111d hiving 10 poy OM:tnl lnllllon dollar, for the propeny ns a Ciry. So even !hough II has -= lime. he opined 1ha1 we have gouen o prclly good dcnl 0111 of ii.
c._;i Manber Waggoner cnllcd for rho queSlion .
Mlllial,curied.
Ayes : Council Members Nabholz, Vonninag . Wiggins , Hllbenich~
Wnggoner. Clapp, Bums
Nays: None
M»yor Bums commcnled 1hat "'M unanimous approval nnd he offered congrarulations 10 evcry:one
imwolvcd.
rm m"l:SpOQSC 10 Council Member Vonnitrng. Cily Allomcy Bro12.1mm advised that second rcru:ling is
Sqpr""lbcr 2"'.
{b) Appro\lal of Ordinances on Second Readin g
'Vm: were n<' ,'ldditional ilcms submincd ror approval on second re.1ding . (See Agcndn Item 10 • Coo~~·m ,....11a.,
(c) Resolutions and M01ions
(i} Director Simpson presented a reconuncndmion from lhc Dcparcrncnt of
Nlcighborhood ;ind Business Development to ncccpt. by 11101ion , the services of the Center for Regional
ad~ghbor!lood Acuon (CRNA ) and Compass RPI 10 assist ,,ith the evalu,11ion of transit oncnced
dbdopmell I n1 Cinderella City. He advised lh.11 . as a priority item wi1h the Ciry of Englewood ,
ra:devdoprm•nt of Cinderella City needs 10 move forwnrd . It wns. after muc:1 consiC:cration he s.,id. a Cirt
Oounci l issu, 10 enga ge 1hc serv11x:s or Compass RPI nnd CRNA 10 assist lite Ciry of Englewood in some
di::cisaon mnkin ~ on 1hc plnn:1ing nnd development of this panicul :u p:1rccl. He s1mcd. to thal end, since
c!bey arc 3 volunto:r org.,nizmion . stn fT is requesting City Council make a motion 10 ncccpt lhc services of
Cia mpass RPI and CRNA and 10 ensure Cit y Coun::il and staff panicipntion in this decision 111.'lking
IJ1'0CCS5.
COUNCIL MEMBER VO RM ITT AG MOVED, AND IT WAS SECONDED, TO ACCEPT THE
SE,RVICES OF 1ll£ CENTER FOR REGIONAL AND NEIGHBORHOOD ACTION AND
COMPASS RPI TO ASSIST WITH THE EVALUATION OF TRANSIT ORIENTED
DEVELOPMENT AT CINDERELLA CITY.
A)cs : Council Members Nabhol z. Vonuiuag, Wiggi ns. Habenich1.
Waggone r. Clapp. Burns
Na~s: No uc
Mot.Jon ea rned
General Oi 3cussion
(a) Ma yo~s Ch o,
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Enalcw1,1d Clly Cou ncil
A•llU•I IN, 1997
Paae ll
1 1 , ) Ji ) bo.1 ,r .. l;inl
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I. Mayor Bums mentioned lb,'ll be 1w been OUI l!Cllias.......,.. oo a llOIIW>alj•~ pclilioll for
reelect ion and has been 10 a IOI of ll(IIDCS in ~ i■ lus Di•ricl. He said be has been amaud at
how p.ilicnl the public is with 11< on Cinderella City and thinp like that Md noted ii comco up con,tantly
in convcnation1 that poopi• . \IC just c.'<Citcd abou1 morillC allQd with ii. He llid he told lhcm this last
weekend liVII we 1>-ould prooably have a sijp!Cd COlll<ICI IOl!ipl. Iha& he wns bopiJI& we would and "~
have . Moyor Bums Sl.iled he is 1•cry pleased about that. He advised that be gCIS a lot of question, about
wntcr qwtli 1y. 1nste and odor problems nud cloud ing. And. he noted. when he talks 10 young mothm who
drawn bath for their cl1ildrcn in the evening and lhcy look at Ille .... ,er and say -no. I don 't tlunlt we an:
going lo do 1ha1 loniglu" ii co11ccrns him grc:uly. He said he w.w1d like to sec us move forward as much
ns possible on water qu.ilil y. He said he .i lso rcccnixl qucstioas on the ConcrOle Utility, but tbat he litinb
1hn1 is being pretty well received.
2. Mnyor Bums stntcd he /Jd enjoy the Tent Tal k lasl wed< at Cushing Part . He noted we arc at
Cushing Pnrk a lot. He said he IIOliccd the Chamber is baviog~ picnic at eu.bing Part Thwsday night
and the City Employee annual picnic is lilC 11Cxt .l.J) on FridaJ at Cushing Part . He invited everyone who
can, 10 l)Articipntc in lhosc events .
J . Mayor llums cong rmulaicd everybody and stair on the Cinderella City agreement. He said he
re.illy fee ls we c.111 move ahead on lhis now, that h.~ ,s \'Cf) arooous 10 sec how the ir work with Compass
RPI and CRNA turns out . He commented "" <:Ill cl<> special tllalljlS with that dcvclopmcm and reach a
consensus and move nhc.ad on it So. he said. he is YCf)' p~
(b) Council Mcmb,~r>r Choice
(i) Council Member Nabholz:
I. Siu: said silC would like 10 possibly 1ncc1 with Stu f <mda. She advised that Aurora is doing a
thing to help bol51cr communily awareness of wa1cr conser\'3UOfl. where they 1ou.r up i1110 Leadville .uld
show where 1hcir water originates . She sugges1cd ii was 50nlCl.bing \\C ought wan1 to think about
checki ng in10. to infonn 1hc ci1izcns ,,hy changes oost .
2. She stated she npprcciatcd the kick orTror Guide lhc Rade program la51 Tuesday moming. She
s.,id sh e thought th.at \\'35 a nice C\'CII L
J. She advised that Tent Talk w.is a great suca:ss and she tliankcd Neighborhood and BusillCSS
Development for that
4. She said ,,,. would like 10 ~ues1 .in updated history• the duplexes in the JOOO block of South
Dcla"-arc in !he Danmouth duplex .
5. She advised she go1 a phone caJI jus1 as she w~ lc::i\-utg 1onigh1 fn,m a la dy who has complai nts
at 692 East Amhcrs1 Place . She sai d she would hkc 10 get the tusz ory on police con1ac1s lh~rc and if they
have a license for a potbellied pig
6. She 1hankcd 1hc Cullur.il Ans Co111miss1ou for all af lbc::t r ha rd wo rk .
(ii) Co unci l Member Vonninag:
I. He advised ll,11 lu: nllended a mecu ng 11iLl1 the Cultural Ans people last Friday, tlu: kick off of
the year 2003. He noted that even though h, 11ill be off of Col•CIICi l by then. he would like 10 wori< with
Eap,wllOIJ Clly CIHlncll
Aupul IM, 1997
Pap I~
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l'l..'I ti il'U "'
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lhcm mD)1,c down tho rond, lo lie involved with 1h01. He opined 11141 will be a really succesd\JI Item.
probably an all ye:,r cclcbr.uion . He snld he Is lool<in1 forward 10 working wilh 1ho111 on !hat
2. He 11\anked Mr. Miller for the fine worl< he has done on !hi, con1mc1 wilh Cinderella City . He
,aid ho knows he hns pul n IOI ofli1ne nnd efl'on i1110 ii nnd he Just wnnlcd Mr. Miller 10 know we
app,=i11C'it. He ti"1nkcd Mr. Mille .
J . He snid ho would like 10 lnlk lo Bob Simpson nboui gelling in\'olvcd wilh tho Compass people
100. He staled he is rc.1ll y looking forwnrd 10 worl<ing with them ond it will probably be one of the last
projects he docs with the City.
(iii) Council Member Wiggins :
I. He nskcd City Anomey Brotzm. n ifwc hnve any ordinnncc Iha! limil! tho size and the nwnbcrof
s:11cJli1c di shes a res ident can have in the City . Mr. Brotznum advised thnt we do currently and we also
have a mora torium on lnrgcr ones . He slil tcd 1hr11 issue is going 10 be going 10 Planning nnd Zoning and
then coming bnck to Council . Mr , Wi ggius asked who he should Hilk 10 abou1 1his City Attorney
Brotzmrn rcfcmcd him 10 Harold Still.
2. He Slated lluu he 1hinks Code Enforcement needs 10 check around General Iron Works for weeds.
He noted from the sidewalk 10 their fence hns prolific gron1h and 11 uccds 10 be broughl up to S1andard .
Acting Dircccor Es1erly staled they will gc 101111 .
(iv) Council Member Clapp :
I. She ad,iscd thal she has been working wilh a lot ofdirTercnt people on a possi ble food and
clo1hing drive . She no1cd there seems to be :'I rc:1I need for food and clo1hing. especially with the welfare
refonn . It is nof thnl we nrc ncccss.1rily in a huge crisis. bul she docs sec there is o need out there 10 assist
people fro11t (nlling on the system nt this point in time , getting sucked back inlo ii. She noted mostJy
women and children arc going oul there and trying 10 mnkc ii on 1hcir own . Ms. Clapp advised lhat she
spoke to one of the County Commissioners . Commi ssio ucr Bra ck ney. and asked him if this was a real
conccm and a n=il need . He was \'Cry excited nbou 1 the prospt..-ct and s.1i d absolulcly. 11 is a very reaJ need
and he would wholchc.1ncdly suppon so111c1 hi11g of I hat na111rc . So. Ms . Chipp s.1id . she took ii 111101hcr
step and spoke 10 Molly Mart111c11e one or lhc social services employees 0\'er tl1crc . They bounced this
idea b.1ck an d forth and decided if they could get municipalilics behind ii. not necessarily to do nll the
work. she s.1id she didn ·1 wan I to give them 1he wrong idc.1. bul just lo embrace lh c idea nnd give it some
public support if you will . Mnybc. she s.1id. wilh a liulc bi1 of PR out there we co uld do a lot of positive
things. Council Member Clapp advised that ,he would be willing 10 work on this . 10 do letter writing. 10
meet wilh people on ii. II)' lo explnin what we arc doing wi!h other municipali1ics.1ha1 lypc of thing.
Reall y. she noted. Molly Marquellc indicalcd th:11 they may be willing to help in lh e way of truck pi ck up.
those typCS of 1hings . Ms . Clapp stntcd she h:1s a lis1 or details we would need 10 work out She advised
1ha1 one would be :t nonprolit organii'Jllion where we could store and distribu ic food and clothing from .
Drop off si1es. maybe companies such :-is King Soopcrs nnd Safcw:iy. Ms . Clnpp pointed oul lh:tt she hns
not approached :my of these people. th:11 she is co 111ing 10 Co un cil firsl for some suppon . She noted t11ey
had 1alked nbout media co\'cr:1gc . She brougl11 up 1he issue or n theme . She s.1id if we could coordinate
these etrons lhrough 111u111cip.1li1ies nnd couulies lh:11 she felt it \\Ould be importnnl to h:we a rc.11 po sit.i\'c
theme . maybe Hand in Hand type of th eme . Ms . Clapp nd\'iscd 1hn1 she ,,ould be ;1ski ng Cou nci l to
suppon ,1 proclama1io11 for 1hc 1110111h of October. She s.1id 1hcy re.illy thoughl Oc 1obcr would be the best
month 1c, do this. She 1101ed 1hey hnvc 10 hnve n little time to prep.ire ror it and fC I things org.1nized and
1hey f!:dn't wmll ii 10 fnll within the holiday season . She opmcd 1h.11 people get !>O bogged down within
the 11olid.1y sc.,son 1ha1 ii is rc.111~ h:1rd 10 make something like 1h1s crTccti,c Ms . Clapp 1101cd that is the
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Enalewood City Cut•ntll
August JI, 199,
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1imc f)ame nnd lhoso are p,atry -.dlillc ,IIUils 1ha1 we have )'1:1 lo wmi< GUI. ·,loo reilcnuc:d tlierc Is a
ne,:d OUI 1i-111d lhc would be will. "I IOe -otlhc ~
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Mayor Bums no1cd tlial is really quilc a pn,po<al . He mcn.ioncd 1ha1 John Bmcknci was 11 lhe bre.1kfns1
on Friday nnd llllkod uboul Ibis ud ....,.a, tlie imple-ion o[ wclfan, n:fonn is one of the biggc11
challenges lbal Ille Counly Co~ liaw: auhe moment. He noted tl,cy hnve had a drop in lhc
·;oils. he 1hcugh1, an1icip.11ing "~lfan: rdorm. bu1 ns you get down in 1he sySlcm you will gel down 10 11ml
harder con, gn,up Iha! is lhc IOUgiat ponian oflhc people 1h11 need to be rq,osi1ioncd . And If. be nolcd,
you lmvc • limited amoun1 of1 i111t llm yaoan be on ~lfuc 11,ey could ha,~ some real needs before Uris
is over. He commenlcd 1ha1 Uia1 ucs riglll ialo llw rypc of lhing.
Council Member Claw opined lhal ..., C-r Commissioncn had• really IOUgh job wi1h U,c wcJrarc
refonn and everything else llllll was oo lllClr pla1c reccnlly. Slie said lhis would be a ni~ way 10 suppon
their ctrons and what they arc doing and 1r, to nuke ii a success . reall y get behind what they arc doing
and Uy 10 assisl people .
Mayor Burns said indeed. as he ru:al~\ Joh n Brackney was asldng for support from the munic ip.1 litics .
Because ii really is quilc an undert-'..Ja1M : ro aakc t.lus change .
Council Member Waggoner pointed 01. tb:II we p:mici?=]IC in the Inter Faith Tnsk Force. He asked how
they enrer into 1his :1rrnnge111e111 . Hr said be understands that is a 101 or what they do. assists fa 1nilies in
n~. Mayor Bums s.iid 11011 lhey do Council Member Clapp advised llllll she loured Jnlcr FaiU, and Iha!
she knows they wercjusl on the cd~ of~ so1nc: food drives and clothing drives. that type of thing.
She said she doesn 't know if lhcy 1,;n,,,,Dd 11llco she toured tlie shelves were almost bare . Ms . Clapp
stated she doesn't want to strike panicia =-,'body. because lhcy ",:n:: on the verge or doing some chings
and thal may nDI be the case today. Mi. Clapp opined that wlia1 we need 10 ~""';!!!!~ ic ~•t the need is
incrc:Wng and ccnahaly it is not a huge cri:m. bas lhcn: is an inc reased need and we need to do our share.
Especially. she JM)inlcd out. in considcr.lrioo<>fthc rae111,11 we utilize 60% ofwlutl !hey lake in . al lnlcr
Failh . her< in Engleuood .
Council Mcinbcr Habenicht said she tboogil it was appropriate wh en a Council member has an interest in
an issue th.1 1 helps pu ll us together and wa.-s 10 \\Odon that. She s.1i d she didn 't 1lunk Ms . Clapp wns
inlkmg about 1n.1Jor s1a fT resources.. She 3Siled ~-ts Clapp if 1hm was true . th.11 she was lalkrng about just
primaril y 1h.11 she ,,;11 be doing 1hi.s 3nd working 10 cooper.won wi1h other cities mid maybe some siaff
suppon . Cou nci l Member Chpp :ad\iscd sbe "wld ask for some uafT assiSl:lncc , possibl y from Pauletta
Punccrclli . i'\S she feels she could offer quite a bH of her aun1numc.1tio11 skills and PR skills to this . But.
she said . she ccn ::unly would noc WMl 10 a:,aopolizc her time.
Council Member Habcnichl nsked Council i.1:mbcr Clapp if 1hi< is somclhing she would sec working
1hrough willt other cities like bringing IO the 'rri-uucs group. Ms. Clapp said yes. dcfini1ely .
M:,yor Burns asked Council Member Clapp If she \.\.lnlcd a consensus from Council al tins point. if tluit
was kind cf what she was look mg for Ms. Clapp am,scd she fell she nbsoh ··cly would need so me1hi11g
like 1ha1 10 proceed .
Co un cil Member Nabholz advised 1h.1 1 she ~Oldd also like lo lend her su ppon :u1d noted lh :u . ) 0 1g
undenakm g. She said she lends her suppc;n because she ii.1s a VCI')' diverse dis1ric1 where she r; 1•1 ~ secs
lite need .
Council Member Waggoner Slated thal be p::rsonalli docs noc liave a problem ,.;,11 ii cilhcr. bul Iha! he
would like lo see it coordin.11cd \\ilb lntcr f .ulb . lo so me cxu:nt. since we p.1n1cip.11e with lnlcr Faith ,
En1lcwood Chy Council
AURUII 18, 1997
Pogc 16
Mayor Bums noced ii sounds like whal Ms. Clapp is miking oboul is son ol a SUSlaiaina l)Pt al~.
d1n1 ln1er Fui1h lends 10 do more or crisis 1naaagc1ncnL Council Member w._ ldvilod 11111 i.
knows ln1er Foilh has• food drive every year. bccnusc lhe Englewood ROfory Club participllCS in iL
Council Member Clapp advised 11uJ1 we l\'ould have 10 have a nonprofil assist us willl Ibis, lbcre is•
doubl 0C1hn1. ii is just d>nt she hnsn'I appronci,ed anybody so she woold hale lo coaunlL-.
Council Member Vonniuug nskcd Acting Cily Mnnngcr Esierly i( he could soc a problem wilb .,_..,
Punccrolli helping her oul. Mr. Eslerly s.iid he was nOf sure he was comfor1nblc commiuing Ms
Punccrclli to the work on this 1011igl11 . He ndviscd he is comf011ablc conunining lo provide -.aff" appo11
to get things done and we will h.1vc to sec\\ hich direction this heads. He poin1cd out that social ICl"\i....$
1ype issues arc nol an issue lluJI we here in 1he Cily or Englewood arc roulincly involved in. Coaaal
Member Clapp snid oloty. thal lhnl is (Dir enough,
Mayor Burns told Ms . Clnpp thnt he 1houg h1 she had a consensus or suppon and we will sec wbcR ii.-
from here .
Council Member Vonni nag asked Ms Clapp if she wnn1cd to work on 1hc procl amalion for Octob:t.
Council Member Clapp :1dviscd th.11 she will ,,ark on a proclnrn.11ion for the mo111h of October 10 luad of
gear up for this nnd get the word out . so people kno\Y ils coming around .
Council Member Vonninng wished Ms . Clopp good luck .
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Council Member Habenicht s.iid she jusl wnnlcd 10 clnriry lhal Ms. Clopp l\'ould be wortcing willa C-1y •
Commissioners and ~her rcprcscn1.,1ivcs pulling 1ogcthcr and son of helping 10 be one of tbc Clllaiylll 10
make 1his l>nppcn , And. she conlinuc:d . Council Member Clapp wonld 1•,ork wilh die Ciiy oC~
as Englewood 's representative. not looking ID\\oud us becoming socinl services ID supplantller. lO do
anytl1ing. 10 pick up nny kind or fi1>n11ciol 1hi11g 1lin11hc S1a1c or Fcdcrnl is giving •way. but juSI • a ,ny
tD help mus1cr suppon for the vDlunlccr sector and 1he nonprofit sector. Council Member Cla pp Slid that
if an)1 hm g like 1ha1 c:ime :1bo111 she \\Ould ccn:unl)' bring 1h.1 1 b.1ck 10 Council. But . she SJJd. she does
nol sec that need n ghl now . Sh e opined lh.,t what they arc IO?king for righl now is suppon and ,·ot&mlecrs
and some organi1.a1io11 in rhis cfTon
2. She odv1scd that she and Council Member Habenicht hac1 a meeting with Dan 8 rotz.J1UD aad
Barb Foul Inst week . She no1cd that reall y some wonderful. wonderful suggestions c:uuc ou.t of t1w
meeting. One was that basically 1h.11 "'C re.ail)' need an education process for our boards and conu111:ssKx1s .
She opined th.11 we re.illy h.1,·cn 't gone ou1 10 our boan:is and cxuruni ssions. visited wi:.h lhcm ,x gonm
them all toge ther. Council Member Haben ic ht added we h,wen ·1 gollc n '.o~ether for 3n infom1.1oon
process. Ms. Clnpp ndviscd 1hcy would like 10 bring somcllting like 1h01 as a proposal 10 Counol SK
asked Ms. Hnbcnicht if they were rc.idy to do thnt. Council Member Habenicht s.1id she 1hough1 M. was
good to lel Council know :1hc:1d of lime 1ha1 ii is co ming and m.,y bc working wilh Dan Bro1zm.1n. !k
no1cd it so rt of dovc1nil s n li11lc bit 011 the rcpo'1 we got from Ilic Cul111ral Ans Conunis.s;on 1oo_ ubo:,a
looking at 1he: fact 1hal there rcall)' 1s11 ·1 anyt l1in g slandard 111.11 we rc;1J ly ha\'C in place. Council ~r
Clapp s.1id we don't ha ve :,n onc 111 :,11011 m place ~·Is Ha bcmcht agre ed t hill \\as 1he 1cnn they .ised..
(,•) Council Member Waggo11cr ad,·1scd th:11 quuc a few years ago a:. pan of a dass
prOJCCt. he thought it was Mike Wmk.., wuh the U11i111cs Dcp.tnmcnt. had studied le:okfog mtc-a b.:IUlcd
w:ucr program . He s.1i1 he wa!-not sure \\ha1 he c.1mc up uilh as far as numbers, but th.11 he h.1ppe:aed 10
be rending Wmcr Weck for tl11 s 1110111h and II hild a aicc aniclc in there aboul more munic1pah11cs
considcnng bolllcd plant water . He noted ii t:ilks abou1 SC\'Ctnl of1llc cities gelling into the proccssol
producing boulcd pl:un wnlcr with n liulc c;;;1ra work r.1 th : plant He s:aid th.ii might get us arow:d some •
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laaJewood Clly C .....
Ausust 18, 1997
Page 17
of lhe 1ns1c nnd odor p,cbllams lha1 w, hnvc . Mr. Waggoner opined 1ha1 ii mlghl be lime 10 brush off lhe
rcporl 1ha1 Mike Woib didl:and maybe 1nkc nnocher look 01 wluu lhc coSI would be 10 8•1 inlo • process
like 1ha1, mlher lhan ....,&,od)• buying bonlcd wa1er 01 Safeway or somewhere else, mnybc we would
prov ide ii on our own du,,uy,tb our plant In response to Council Member Habenichl. Mr. Waggoner said a
101 of those cities arc m:uilat.mg ii as 3 special 11.,mc. Mayor Bums commcn1cd thnt many homeowners
showed him 1hcir bollJed ~..111Cr. bul 1ha1 is because they didn ·1 like our waler. Council Member Waggoner
said this might get aroundlmmething lik e thnt . that m.iybc we could sell our own w:itcr.
13 . Cily Manager's &q,on
Aeling Cit)' Manager EsaeriJ did not h.,vc nny m.111c rs to bring before Couocil .
14 . Cily Allorncy 's llq,on
(a) Ci1y Auotmcy Brotzmm1 advised th.u he did not need 10 appoin1 outside counsel at this
time . However. he rcqucstc:dl tt bat Council appoint an ari>i1rn1or ror an imp;lSSC with the Firelighters '
corurnct. He s1:11cd they showld have three names 111.,,1 were submitted to Council by Manin Semple. our
labor counsel. as well as thclf.in:figh1ers' union counsel. He nskcd 1h:1t Council sclecl one of those n.imcs.
COUNCIL MEMBER WAGGONER MOVED.AND IT WAS SECONDED, TO APPOINT DAVIn
VAUGHN AS COUNCR.:S CHOICE OF ARBITRATOR.
Ayes:
Nays .
Motion ca rried .
Council Members Nabhol 1. Vonniuag. Wiggin s. Habenicht ,
Waggoner. Clapp. Bums
None
(b) Ci1y Anorn~ Brotzman recommended Council go into Excculi vc Session immcdia1cly
follo\,i ng 1hc regular Ci ty C:>unci l mcc ring 10 discuss a real csl:llc mancr.
COUNCIL MEMBER VOllMITTAG MOVED,AND IT WAS SECO"IDf.D, TO GO INTO
EXECUTIVE SESSIO CM.ME DIATEL Y FOLLOWING THE REGULA~ CITY COUNCIL
MEETING TO DIS C .SSA .REAL ESTATE MATTER.
A)es : Council Members Nabhol1_ Vonnittng , Habenicht. Waggoner. Clapp.
Burns
Na)-S: Cou nci l Mc1nbcr Wiggins
Motion carried .
15 . Adjournmcn1