HomeMy WebLinkAbout1996-03-18 (Regular) Meeting Minutes•
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INCUWOOD crrv COUNCU..
ENGLIWOOD, AKAPABOI COUNTY, COLORADO
...,,Salloa
Mardi ti, ""
1. Callto Onl<r
The regular meeting of the Englewood Cil)' Council was called lo order by Ma)'\." Bwns ll 7:37 p.m.
2. In,·outioa
The invocation was given b)• Cooncil Member Wiggins.
l . Pl<dat ol ,Ultgiuc:e
The Pledge of Allegiance was led by Mayor Bums.
4. Roll Call
Abscnl :
A quorum was present
Council Members Hathaway , Clapp, Wiggins, Habenicht
Vorminag. Waggoner, Burns
Nooe
Also present Cil)' Manager CJut
S. Minutes
Cil)' Anomcy Broczman
Deputy Cil)' Cieri< Casile
Director Grygl01>icz, Financial Services
Director Fonda. Utilities
(a) COUNCll.. MF.MB ER HA TBA WAY MOVED, AND IT WAS SECONr,10, TO
APPROVE THE MINUTES OF THE REGULAR MEF.TING OF MARC-II 4, 1996.
Ayes: Council Members Halhaway , Vonniltag, Wiggins. Habenicht
Waggoner. Clapp, Bums
Na)~: None
The motion carried.
6. Sc:btduled Vililon
(a) Dr. Laurie McGee, 8664 East Monmouth Place, Denver, was prcseol with bu husband.
Da,i d Glahn. 10 discuss Cinderella Cil)' red<velopmcnl ideas. Mr. Glahn explained that he is a Denver
native and is employed ,.,,h Denver Public Schools Department of Compulcr Automation . Dr . McGee
staled Oial she is a psychologiSI and has """'ed in Englewood for h\~nl)• years. She lold Council she is
chaplain of the Englewood R01ary Club and "ill be president of the club in June, 1996. Dr . McGee
distribu,ed copies of a proposal 10 Council outlining Cars for Sale b)· Owner. lneorporalcd. a business they
would like 10 place in the Cinderella Cil)• parl<ing 101 . Mr . Glahn staled lha1 panting spaces would be
sublet IO indiYiduals Cftlbling 0-IO prescnl pononal vcbida IO thc public in • -and
informc ,,. "'IIY• He IIICtled dlal there would be no salespenons and no Illa afflca. IJ •• example,
Mr. Glahn said lhal llDlllm pamag lplCOS al Cindcrcll• Cil)' by Broadway~ could be used for
profi1 for the Cil)' oli Englewood as soon as April or 1996, and ycar llOWld thereafter until the destruction
oflhe pa,ting stnlClllre. Cut for Sale by Owner, lncorpon1ted -,Id adverthe the can and aid the
,clle,., He wcot on lO ci te the ffll!'.:lremcnts that "'Ould be placad on thc ownen of the ,-duclcs being sold.
Or . McGee dcsaibod an C.UID",'C of the revcm,c the Cil)' would roceive as a rault of the pn,poal and
fianhcr explained the co.:iact that would be requlrad or thc scllm or thc vehicles. Sbc askcd that Council
give considtnltion to the proposal, and respo111 1Jng thc Mayor Bw,u;, stated that she and ber bwband have
100 pcranl ""'llfflhip of the :,ompany .
Counal Member Vonni uag askcd if they were 0"1.ain that the parking struclwe "'Ould be able to handle
300 cars without erring in . Dr. McGee said that ,he was DOI sure how many can it could bold. but felt
that C\'Cn 100 can \\'OWd make money.
Mayor Bums thanked them for coming.
7. N ........... led Visilon
Mayor Bums remindod the non..g:h<d uJed speaker,; that presentations are limited to 6,,. minutes.
(1) Sandi Oslema, 21143 South Grant Street , quoced President Jdrcrson IS soying that the
whole art of g<)\'ffl1111Clll consists in the art of being honest . She said the founding fathers recognized that.
no mailer how well structured our p'Cmmcnt is. it will DOI work unless its offices are bcld by people or
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,,nue. Public officials. they said. should possess a clisintercsted attachment to the public good, cxclusi\'e •
and indcpcndcnl of all private and sdlish interests. Ms. Oslema told Council there is <me among thtm
who ha s forgotten that and Slated her intention to proceod with a recall campaign against Council Member
Rita Hatha .. -.y. She Slated that if...._ her constituents, don't hold her responsil>le for her misuse of office.
tl1cn \\'C get cxa:tly "-hat we dcser,-e. She said she "25 told that this is just politics. but doesn 't feel that
makes it all rigl,L People ha,-. also told her _it was a matter of public record. but she l'C\ulcd that she
kno"~ of a citizen ,.1,o asked for a copy of th: FAX and was denied it based on the fact that Council bad
not yet rea:i\'ed a copy. Ms. Oslcma said she finds it bani to helic,,c that its public record. She said also,
on tl,c CO\'Cf ~ for distribution of the day labor agency bill, council bill number fi\-c. generated by City
Altomcy Brotzman on January 30'" nowhere did it say that Standby Pcn;onncl should get a copy. Nor did
thc distribution portion of thc memo say that Sandi Oslema should get a cop)'. She maintained that
wasn't thc intcnL tlw it,. ... a rough draft, and thc improper release of it is what brings her here tonight.
Ms . Ostema said she works for an estate la,ryer and. when they do something that is public record. they
publi sh 11 in thc ne.."'3pcr as notices to craditon;. She said this is for people who have died recently to
inform thcir CJ'Cclitors thcre may be money lo pay thcm . She asserted that that is when it is a public
record. when its published. She sai d she doesn 't think a judge or jury would clisagrcc -..;th her IS that's
how they insist that its done . She said this is in our judicial rules. Ms . Ostcma said Iha~ in October of
1994 when the City library hosted its Council candidate forum. Council Member Hathaway said that she
delegated this issue to Neighborhood Walch . Ms. Oslema said she has looked in Cil)' files and bas asked
many Cil)' c.inplo)'CCS where it is ..-rinen W.I she ,aid she bad delegated it. Sbe said the City file on
Stand-By abruplly cods in No\'CJDbcr of 19V<. Snc encouraged Council to look at that as there is a lot of
infonnatioo in the.re that they nocd to know abou~ because it stops abruptly in Nm-ember of 1994 and Ms .
Hatl,away SW1cd """'-'Qg for Stand-By in I>=mber of 1994 . Ms . Ostcma said that former Assistant City
Manager Chuck Rad ~;d a great j,..,, and has w.,nderful memos in thc file CO\'Cflng a lot of issues. She
asked wh y. after Nm'CJDbcr of 1994. ti,,; ;,sue,. ... not delegated to Chuck Rcid ·s successor. She alleged
that someone dropped the ball. She said she ·J<Jcs not enjoy appearing before Council , writing a letter of •
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EaallwoodCltyCouacil
MIid, II, 1996
Pqe3
complainl and IIIWJll lhcir lnu UDCIOIIIIOl1lble. She said lhaL when Council ii 1111')' will> her and WIDI
to lull OUI II her and her nci&J,borl. tbcy allaoold • tbanlclws wllo cralOd die lit,wioo in the lirll
place. She asked how many limes Council rdcuel council bills lo illlliplc c:omroveny. Sbc said ao one
c:aD amwcr lhal, bul, ifil ii !heir policy, lheD she will live. packet ofpolla&t llamps IO City Clerlt Lou
Ellis, because she wanlJ • oopy of evel')1hiog tbat comes ou1 of lheit olllca 11 "'°" u ·lhe 111k dries, if Iha!
ii how it is JOUII lo be done. Sbc said she didn 'I l1link 1h11 WIS how tbcy WIDled II ID be doao and ....
not punuanl 10 !heir policies . Ms. OslCIIII 11111.4 Iha! thcrt Is one llalc blurb in Council policies that lll}'S
Council won 'I cl'Clle fllibuslcrinc or will DOI pcnonlllzc lhc iauc. Sbc mcrlCd lhal Council Member
Halhaway had pcnonalll.Od lhc isluc bcclla she clac "1111 side she ,... aoing 10 be on. Sbe said it .,..
not lhal of her constilUents, ii,.-.. lhat oCSwid-By. Sbc aid she would not have any pnlblcm will> 1h11.
and neither would the raidents. if she blcbd oil frnm any more oC IL which she was asked IO do, ad did
not do. She said the citizens arc suppoml IO be her boss. Addrcainc Council Member Halltaway, Ms.
Ostema said Ibey have aslr.ed her DOI to be UMJlved in thi, issue 111)1110re.
Council Member Wiggins. the Sageant II Arms, UlJIOWl(,=d that Ms. OstClllll's time had CXJJirecl.
Mayor Bums asked that Ms. Ostcma not pcnonalize her commcnlJ and IICMlled lhat her time was up.
Ms. Oslema said she had one more thing IO say. She .Wed lhat she takes great insult in Mayor Bums
referring to this as 1 1'1lch bunl She aid she did not start thi s.
Mayor Bums asked what she WIS talking aboul
Ms. Oslema ,. id it was when Ibey were io lhc Study Session . She repelled that she takes great insult to
that.
Mayor Bums said that he did not say that. to which Ms. Oslcma rcasscrted that he did say it. Mayor
Bums said thal another ""'mbcr of Council had said it. Ms. Ostema said Mayor Bums had been in
control of the situation .
(b) Stan l~gc, 3S3S Soulh Clarbon Street, spoke on the issue of the Cinderella City
redevelopment. He expressed concern that a lctter had been scnl lo City Council by lhc Englewood
Focusing on Tomorrow (EF01) board of directors indicating the board unanimously suppo,U proceeding
as quickly as possible toward lhe completion of the project as it ;s currcnlly pn,posed. Mr. Lange said lhat
he is M EFOT board member. and. due to some misunderstandings al the last board meeting. frnm which
thal lcucr emanated. he wanted Council 10 know the board is not unanimous in lhal regard. He ad,;..,-d
that four or fi,•e of the eic,-cn members oftbc board min favor of reconsidering the dircctioo ollhe
rcdC\-clopment. He remarked Iha! be personally takes much oflhc blame for lhcir internal
misunderstandings . Mr. Lange said lhe 50 IO 100 members ofEFOT have spent over twoy-cars and
thousands of volunteer hours 10 gatbcr input frnm lhe citizens of Englewood about lheir vision for the cil)'
for lhe next ra-cnty plus years, and tbco distill those visions inlo a stralegic plan lha1 would involve •
pannership or citiuns, busincsscs, non-prnlit organizations and gO\-cmmcnt lha1 would work
cooperatively logctbcr to implcmcnl crcati,-c and Innovative solutions lo Englewood's needs over lhe next
ra-cniy plus )'COIS. He related lhat l:.FOT 's mission Slllemcnt is to galher broad pubUc inpul to identify
needs of Englewood and 10 develop a dynamic long tenn plan for lhc future of Englewood, iocluding shon
tcnn str.ucgic plans. Four or five members of the hoard feel the direction of lhe proposed plan is not in
keeping \\ilh lhat mission . Mr. Lange cxprcsscd a second concern Iha~ al the same time Mr. Miller and
Council staled thal the rodcvelopmeol pllDS •-ere open 10 inpul from lhe c,,mmunity. Mr. Miller reminded
us rcpca1cdly that lhc conccpl is SCI as a big box JlO"-Cr ccn1cr, \\ilh no hoccl , no suucturcd parldng and ii
cannol be unique . He said lhal Mr. Miller further stales lhal a ten year old. nine million dollar building.
in excellent condition. mus1 be destroyed to proc:a,d \\ilh lhc dC\•elopment. Mr . Lange said lhat lhe firs,
opportuDity that a sipificanl allllll>:r ol lhcm bad to understand thc dln,ctiaa cf the Millc,/Kilcllcll
devdapmcal "" last Monday ai&h~ at wbich time Ibey also found out that Mr. Miller's plans""' let. He
commended Couacil. City stair and lldli1a:11 Klipp Colussy, et al , for the bani-'< ia planaiag what is
best for our COIIUllllllity for the futllrc . Rn-ever, he feels the Miller/Kitchell plan docs aol CIOIIIC close lo
addlessiag the swnnwy of community iaput pthcn:d by l!FOT. Mr. Lange explained that thc
Millcr/Kitcbdl plan docs noc tic into the properties to the cast ~ Broadway Uld the sitc aad docs
ao1 cahana, our business communi ty aJoni Broadway thc way our cwrcal businoa 'WOl1ld 1k He feel s
wc should m:ogniu that sales lax -ucs ""' twice what they were sixteen lo IWODly ye,us qo when
Ciadcrdla City,... alive aad wdl aad li>tcn to our cumnt bu.si ncss community who brought us that
double sales tax reYcnuc. Thirdly, he mod Council to n,cognize that the Mecn or more member group
chargod wit1i c.-alualia& the deYelopcr's 00D0CplUal plan only bad one or two rcpm,cnWi\u from lhc
general populatioa. .,ilit:. docs 1101 properly rcpraenl thc 30,000 mcmbcrs of thc community. The
majoriry ol the mcmbcts were Ciiy stiff, with ao outside p!Ofcssional ciry planncn or arcbitccts on lhis
panel. He said ii appr.an tha1 the dc,,'Clopcr evaluation group was convinced tba1 Miller/Kitchell was open
10 community iapu~ bul in rcaliry, ii s,ems l!lal the plan has always been only big box, poMOr ccn1er and
lhe plan is "°"'' sa in concrclc. Mr. Lange advised that Mr. Miller has said lhal the big boxes along
Inlerst.ate 70 in An'lda will probobly be 001 olbusincss in lhrce ycan. He strcaod that.,... daa't wanl a
dc\'Clopmcnt that .,,. have to swt O>'Cl' agai n lhrce ycan after opening. He said he feds Iha!, if
Mill er/Ki:chcll is the only viable choice as a dc\'Clopcr, perhaps further clforts could.,._,. boco made to
procure other clcvtlopcrs or lhal the highly spccializod National American lnstillllc of Aldlitoots '
Regional Urban Design Assistance Team could.,._,. been asltcd lo hcl;: .;, Mr. Lanie recalled lhal Ibey
succcssfully assistod the Regional Transponalioo District (RTD) abr.AJt twcnly )'CIIS ago v.ith a r.omplcx
problem and that the,· have hclpod 125 olhcr cities and lawns "'"r ~ .. last lhirty )"""" to tlelcrminc what
is best for their communities. He said the team is a public service of thc Al.A and they an, aoo-profit. He
res pectfully rcqucstod Council's consideration of these concerns which. he said, rcprcscol a significanl •
scgmcnr of the community .
(c) Sel\\)'11 Hc,-itt, 49IS Soulh Pearl Si=, said lhcrc is a growing pcrccp1ic,n that Council
and lhc Ciry administration have cmba,kod on a cour.;c of action embodying needless haste involving
concepts which may nol be in 1he best interest ofbolh lhc near and long-tcnn funue .,'Clfarc of the Ciry of
Englewood. Mr. Hc,-i u said tha1, as a long time rcsidenl and as an inkrcsted and inwt,ut member of
thi s co mmunity, be has been disappointod in lhc apparcnl w,willingncss oflhis Council and
administrati on in deal ing wilh the rcdc,-clopmcnl of Cinderella Ciry lo address lhc express desires of the
citizens of Englewood. He rcspectfully suggesled lhal Council slow the process sufficiently to gi ve
adcqua le and rcasaaablc consideration 10 many of the issues being expressed by conccmal and in1ercsted
members of lhc communi ry .
( d) loan Aldrclli , 4005 Soulh Jason Succ~ said she has lived in Englewood for forty years .
She fee ls the question for lhc City oCEaglcwood in lhc Cinderella City rcdt:velopmcnl is what do wc reall y
\\'aJI~ and bow long do "" wanl ii 10 last? She aclmowledgcd tba1 lhc City ccnainly oa:ds the tax base ,
but \\"'11Cd that we must be careful lhal wc don 'I taltc a shortsighled awroach wilh big box retail . She
reminded Council lhal Englrn'OOd was at the forcfronl when ciry hall was dcvtlopod from the Norgrcn
property. She said lhis is an example of being fmighled . Because wc keep bearing about the unique
qualiti es of our cily, Ms . Aldrctti urged Council to lhinlt about a unique solution to this challenge. She
noted thal "" ha,-c all hcanl of thc limiled life span of shopping cenlcrs as we know them and stalod her
hope that we can look al allcmativcs such as Pc1cr Calthorpc has suggeslod for the old Elitcb · s. Rathcr
lhan a shopping ce nter. Ms. Aldrct li assr.,1ed 1ha1 ,.,. ncod a sustainable ciry communiry ccnlcr . She
askod how \\'C plO\i dc somclhing liiat isn'I a box bul provides a diffcrenl almosphcre , and suggested an
old main street loolc . Sh e said she belic,-c,; \\'C need a design lhal looks like a disbursed area. bul pl'O\i dcs
the retai l space. co mmunity rooms and housing, while provi dlng nexi bility . Ms. Aldrctti main lained lhal
we need all cmati,·cs 10 lhc dinosaur planned for lhi s area lha l would be ouldaled before ii is compl cl cd . •
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~CIIYCmacll
Maid! II, 1996
Pagc5
She asked !hat we develop SOllldhing wilh a life span ol more that just a few yem and that will bring
people inlo the community for moro than just a quiclr. shopping trip, such as theaters, rauurants and
meeting rooms. Ms. Aldretti opined thal the developer does not have EnQewood entiroly in his best
intcresu.
(e) Carole Toroasso, 2998 Soulh Bannoclr. Street, said her concern is increased standards of
conduct for government officials. She road from a memonndum addressed to City Council as lbllows: •1
submil lhe following suggations as possible legislation 10 suppon lhc best inlercslS of the cilizats of
Englewood and aid go11enunen1 officials of the City ofEaglowood in delineating protocol. Given the
r.unl behavior of my district (please see anacbcd documeolation), I have clo<dy examinal the Stale
Constilution and lhc Home Ruic Chancr of Englewood and found it lacking guidance 10 prevent
ostraciution of citizens by rcpres,:nlalives and allows for conflict of inlffl:St IO inlelftrc wilh the
importanl functio!IS of gm-.rnmc:n1 officials. Keeping in mind Iha! this is a govenunan of lhc people, for
lhc people and by lhc people. such ostraciution could be delineating protocol for cooOict of in1ercst IO
maintain lhc rcprescntation of people . I roqucst Iha~ if cooOict ofinlffl:St is cvidcn~ then ft shall be
declared in Council , and Council will ascertain an approprialc representative within Council 10 maintain
representation of the people if ii 1,ccomcs cvidr.nl. Such legislation would cocourace citizens 10 utilitt
their appointed reprucnta1i\-c rather than besiege Council in force 10 bear !heir pn,blcms, and ci tizens can
maintain their failh lbal they are being reprcscnled in Council. I also request additional legislation
supporting equal au,css of the public information act. This sensitive issue can lead lo abust by consenting
gO\-cmment official !. 10 disc,~1nil\ate their dissemination cf infonnation . Sina: representatives can have
conflicts of in1c rcst and ca:t discriminate by their actions, lcgislallllt sboul~ protect citizens from such
abuse and propaganda-S:.rutcs suppon city manager> in dc\-cloping pmlocol for dissemination of public
information and I encourage Council 10 worlc wilh lhc City Manager to publish a protocol for
dissemination of public information . The only recommendation I can alfcr, gi,-cn my limiled
a,mprehension of government resources. is lhal all information should be released from lhc City Cleric .
While I roa,gnize Iha! this can be an increased burden on a single individual or office, I stri\'e 10 scdt an
unbiased and controlled sowte lhat would prevenl undermining equal access for all citizens . Please DOie
Iha! I am incomple1e suppon oflhe public information act. and in no way scdt to Ulldcnninc iL nor censor
information 10 1he public . I simply wan, 10 offer a protocol to prevenl abuse and potential choos from laclr.
of pro1oa,I. Please a,nsidcr my recommendations in a timely fashion . I undcmand lhat legislallllt can
act on lhese maners. rather than my need 10 petition. My nced 10 petition could potentially funhcr
distance the legislature body from itc; constituency, which would not be my intcnocd action ." Ms .
Tomasso said 1ha1. al lhe study session, lhe Ciiy Anoroci· was discussing melhods of circulating a
resolution . She reasscned Iha! !hero needs 10 be some dclinile pro1ocol. She submitted a copy of §24-18-
109, Colorado Re,ised Stannes. which is lhc rules ofa>nduct for local govemmenl official, and
employees. wilh a copy of the memorandum and attachment She staled Iha! she fools lhat some rules
ha,·c been broken in standards of conduct for loca.J gO\-e.rnmcnt officials and employees .
(f) George H. Allen said he has lived al 2799 Soulh Do,,ning Sueel for the last 55 years.
He said he has taken • big in1ercst in Englewood and was not before Council lo help dc1 cnnine what
stores should go into the redc\'elopmenl of Cinderella City . He reminded Council Iha! he was involved in
ilS dC\'clopmen1 and feels Cinderella Ciiy did a 101 for Englewood and 0l'-CS no apologies. He said the
rodc,tlopmenl needs better access oJ: of Sania Fe for thc people going soulh and emphasiffll lhal we
should worlc on lighl rail , stating lhat "' need , ·nore ,iyorous lobb)ing group 10 ge1 ii in hen:. Mr. Allen
said big box retailers gh'C an area a shot in lhc a.rm, but it doesn 't last long. He feels we can do bcncr
than Iha!. bul allol'-cd that big box is belier than nolhing. He urged Council 10 look funhcr do\\TI the road
for a more lasting conccpl for redevelopment. Mr. Allen asserted. also , that what we reall y need is more
hawing . He said rctinng people mO\'C out of 1own and suggested two or three more Cherokee Kiva type
suuctures. He fell they would fil ... 11 inlo lhe r-cdc\tlopmcnl. He reminded CoWJcil Iha! Von Frellick.
lhc de\'clopc r of Cinderella Cily, planned 10 place aboul 1,000 dwelling unilS nonh of Cinderella City , bu1
it became uofr:atibie wtli.o the bousi11& nwl<et dropped off. He visualized the area being dcYc!opod into
nlce housing as rar 1101th as lhc old iron worn. He also said subslaadard housing is an emotional
problem that m•JSt be addressed. His dcparung thought was for Council to con;idu keeping people in
Englcwoo.l ..ad providing a place for them 10 live.
Mayor Bums asked if anyone else wished to speak. bul uo ono came fonvanl .
8. c-~ l'rodaaatioll1 and Appol ■lmeall
There were no comm,nications. proclamations, or appoinunenrs.
9. l'ublic Hearia&
No public hearing was scheduled before Council.
(a) Appo\-c on First Reading
There \\'Cl'C oo additiOD'AI items for approval on fust rciding . See Agenda It= 11 (a).
COUNCIL Ml:MBU HA TIIA WAY MOVE D, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS JO (b) (i) AND (ii) ON SECOND READING.
(b) Approve Oil Scc:ood Reading
(i ) ORDIN AN CE NO. 8. SERIES OF 1996
•.N ORDINANCE ESTABLISHING A CAPITAL PROJECTS FUND .
(ii ) ORDINANCE NO. 9, SERIES OF 1996
AN ORDINANCE AU1liOR.zlNG AN INTERGO \ JRNMENT AL AGREEMENT ENTITLED
"SOUTii PLATTE Wil.D AND SCENIC RIVER REVIEW PROJECT PARTICIPATION
AGREEMENT'.
Voie re,ulll:
Ayes:
Nays:
The motion carried.
Council Members Halhaway, Vorruittag. Wisgins, Habcni cb~
Waggon<r . Clapp. Bums
Nooe
11. Ordinances, Reoolutioas ud Motion,
,:a) Approve on First Reading
(i) Director GryglC\\icz presented a rccommc-.dation from lhe Dc;,ar ment or
Finan ci,~ S,rvi ces 10 ad<,pl a resolution transfem ug and appropriating funds for ca pi L1 I prcjccts idcntilied
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in the Five Year Capital Plan . He .. ,ed that the raolullcm-i«I lrlll5fer S11,000 Dom 0-..' Fund
and $26'1 ,.'.-00 from the General Fund to the newly created Capital Projecls F\'l>d wbid, CNIIJCil just
approved r,n second reading. Mr. Gryglcwicz said that these funds were appt'l!Ycd with the original 1996
Budget an.!_ therefore, 1w no fiDMIIC:lal impact to the City . H, pointed ouc tbal the Council pockets
include information on the capital projc<ls.
TI c resolution was assigned a DWl'ber and read bv tiUe :
Ri ,S01,IJTION NO . 39, SERIES OF 1996
A RESOLlmON AMEND!NG 1llE APPROVED 1996 Bl'DGET AND APPROPRIATING MONIES
FOR 'mE CITY OF ENGLEWOOD. COLORADO.
COUNCil. MEMBER WIGGINS MOVED, ANO rr WAS SECONDED, TO APPROVE AGENDA
rrt:M 11 (a) (i) • JlESOLUTIUN NO. 39, SERT.£5 OF l"6.
Ayes : Crorv..il Members Hatha"~Y. Vonnittag. ' lggins. HabcnichL
Waggoner. Clapp. Bwns
Nays : None
The motion earned .
(ii) Director of UtilitiC1 Fonda ~led a rea,mmcndatioc fn.10 the
Linlcton/Engl..,.vod Wastl:WIIIU Treatment Plant Supcrviso,y Committee lo adopt a bill for an cml.inance
apprming the Settlement Agreement aod Stipulated Order for diluent limiWion viollliom at the Plant
He statod that ii represents a Sdlkmcnl agru:menl with the Colorado Department of Health for the
effluent violations which occumd during the start up of the last expansion of the Plant Mr. Fonda said
negotiations ,me stanod al aboul a half million dollan for the penalty, but, because of our good
compliana: history, dfecti,.., re5pOIISCS, cornctive actions 111d DOI having an adw:rac impact on the river.
those ""'re lo\\ttod to a final amount ofS62,410 . In further negotiations, he said, they were willing to
allow us 10 contribute monies to other projects which would then roducc on a pcrcen!qe basis the amount
of the $62.410 . By contributing to three projects. $130 .000 from the Bi-City Fund to the Big Dry Cn,,ck
nun-motoriud bike path. S62 .r ~ 10 bi<>-solids rcscan:h and $38 .000 for nutrient removal by managed
a<J ,~lit plants. the fine is c,.cntially rcdue<d to zero . he said. With that. the committee rca>mmendod that
lll<u projects be fundod ·.nd that ""' accepl the proposed contract "ith the State of Colorado.
Mayor Bums asked for c,, -ification that the administrati"" pclUllty otherwise would be $62 ,410 , which
Mr. Fo nda confirmed . Mr. F~ ..tdcd that the thn:c projc<ls. toutling $230 ,000, arc projects that we
would be doing lln)'\v.>y. Mayor Burns said that. in that case, ""' actually will have a net gain of the
amount of the fine . Mr. Fonda concurrod .
Mayor Burns askod if Ille Big Dry Creek Gr=n"~l' Project bike path monies arc in Addition to wMI 1w
already been allocatod for that project . Mr . Fonda said he bclic,·es lhc project has not grown but that this
pays for pan of it and allows monies lo be used in Olbcr pans of ii.
The Clerk was askod 10 read Counci l Bill No. 11 by title :
COUNCIL BILL NO . 11. IN11l0DUCED BY COUNCIL MEMBER HATHAWAY
A BILL FOR AN ORDfNANCE AUTHORIZING AN INIBRGOVERNMENT AL AGREEMENT
BElWEEN THE STA TE OF COLORADO DEPARTMENT OF HEAL Til AND ENVIRONMENT •
l!apwood City CGILldl
MIid> II, 1996 ......
WATER QUAUlY CO!ffllOL DIVISION, 1llE CITY OF LfrnEl'ON AND 1llE CITY OF
ENGLEWOOD . COLORADO.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITl:M 11 (a) (II)· COUNCU. BILL NO. 11 .
Ayes : CGuncil Members Hathaway . Vormittag. Wi88ins. Habenicht.
Wagg<>ncr, Clapp. Burm
Nays : None
The motion carried.
(ill) Dir<clor Fonda p,acnted a n,oo111111C11daaioa for the Utilitico Dq,or1mtnl ID
adopt a resolution approvioi an incrasc in thc water rai.. to fund baprvyemcnt, at the Allen Filler Plant.
Mr. Fonda said the incrtase would fund t !'()IOXimately ten million dolJan worth of improvements to the
"~tcr ,ystcm. the najoril)' o( it beioi "' thc water liltnlion pllnt. He lllled 1h11 it MJUld build
Docailation sedimentation basins. which is an extra .iap of tlQllllelll. He advised that it would also
allow us to clean our mains. build pipdiacs for our ,. ... Qter supplies and make otl>cr miscdJaneous
impm,-cmcnts 10 the ntcr plant. Mr. Fonda said tbat Ibis would be an o,'Cflll rate incrtase o( atost 38
perocnt. but that would be caacted in four steps. with nine perccnl on July I, 1996, nine pcn:aM OD
January I, 1997 . eight pcn:mt on January I. 1998 and eight pen:ent on January I. 1999. He informed
Counci l that there wore two publ ic mcaini;.• on the issue where. after explanation of the reasons and t.'l,
amount of the ralO hilcc. it was very ra,'llllbly received among those in attendance. Also. be said. tbcrc
have been two Council Sllldy s..ioos OD the issue and the Water and Sower Board. after rc.iewioi it. is
n,oommcndioi it to the City Council . Mr. Fonda explained that this amount of a rate incrcuo -.Id
adcqua!Oly pMide for ddJt ..,..;a, and the oonds would then be sullicicnt ID build the program.
Council Member w._ asked wb)'. on the : .tc schedule. the rate ldually dccroues if you uao """ •
400,000 gallons. COllll8Cllling 1h11 it doesn't seem IO promolo COOSUl'IUOD. Mr. Fonda said be does DOI
think it promales. but does DOI t11in1t it CIU5CS a lack of oonscrvation. either, becaMsc 11400.000 you arc
far beyond what a typical residence would we . He feels these would be very large user> who don 't irrigate
very much . He advised thal the rate for a typical bousdlold user with a lawn is essentially straight. Mr.
Fonda said you can ga into all kinds o( arguments as ID ho:< , m,cti,-e a oonscrvation rate is, but be does
not beliC\'C they arc panicularl) effective unless you raise the rate so high that it forces people ID cut back .
He added that this is being done more by oommuni ti"5 lhat ha\'e a ,~ry restricted wate r supply.
Council Member W,ggoncr asked what would happen if"~ didn 't ba,-. a brcalc at al l.just charge the first
rate all the way through. Mr. Fonda said that would be somewhat unfair to the latge industrial customers
because. when we did the rate study. we allocated a cost based on what it costs to serve. and most of our
oosts arc in\'Ol\'cd in peaking facilities . luking facilities arc tied to lawn wa!Oring. he said . and the large
customers typically have a \'Cl)' low percentage ofla\\n walcring in the amount of'thcir w,w usage. He
further explained that thal is reflected in the lower ralc because it docs not take as much lO sen-c someone
who hos a more uniform usage .
Seeki ng clarification. Council Member Waggoner said the peaking rate is caused by watering in the
su mm er. and most of the customers don "t use 400 .000 gallons. M)"~Y-Mr . Fonda oonfirmcd that most
la,lll "~tering customers do not get to that IC\'CI , so most peaking occur> below that level .
Council Memt,,;r Waggoner said apparently the same thing applies for charges for material s.. in that tl1cy
charge invoice oost plus 20 percent for C\'el}'lhing up 10 tllICC quarter inch. and then "~ drop down to lO
percent or !iv, percent fo, anythi ng abm-e that. He said it seems like the markup should be the same for
all charges for material . Mr. For.da said he is not sure why there is a difference, but sunniscd that then,
mus I be a reason for this . pos.c~bl y based on the amoun1 that we order . •
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Mayor Bums asked that Mr. Fonda obcain the answer to Couacil Manbtr Wll&IJCICt 'I question.
Council Member WqgOMr aJ,o uked. rcpnliag lire pn,4<IClioa saw:c, if the flaiua lilllld pelllln to the
number ol water bydnats. Mr. Fooda 00llfirmed thal tbal i• wllll is bcinc rdemd to. He l&id he believes
,.,. an: chargi ng the general fund for the hydrant use. Mr. Fonda said it 11110U11ll to a 111011thly charge or
S7.J2 iruidc the City for 100 hydrants. which we also maintain by painting lhcm and IO forth .
Council Member Waggnacr asked what diffaence it wooJd make ill the lDIOUDI olll!Oncy the Utilities
Deparuncut ~ take in if the ntc wu coastant per thousalld plloas of water tJuoughout the ordinancc.
Mr . Fonda l'ClpODdcd that he docs DOI have the answer to that u it has not been calculated.
Council Member Habenicht loSl<ed if other -providcts have lllC ame kind ol rah: -and
whether ~ was information on bow they make that blak. IO which Mr. Foada l'ClpODdcd that it varies
brnadly. He said some Cllcitics gi,-c chcapcr 1'111CS for hiBbcr Wlla' UD&C, some tnak the char&e into
di!Ten,nt customer classes. He explained that the fact that the very high users ~e lcsl pcab is the
n,ason for the rate di!Ten:n~ in that we arc uying to charge on a oost of KM<.C basis. Mr. Fonda asserted
that. if you charge along a flat line, you ·will not be clwging 011 a 005t of SCM,.c basis. unless you were to
do • separate r2te for UIC di!Tercnl CUSIOll!Cll. The smaller usage 0ISIODlCl1 have the higbcr pwdng
factor. so they arc assigned mon: of the prating c:oas. If you -..'Ull to m.ainlaill a oost of scnicc basis and
ha,-c iDCTCaSing rates as you UK it, he Slalcd. a design would be required invoMng a ICpUlle rate for each
cw<tomer class. That , he said. is s-cry diffiaill time amswning. and an admillistrati,-c niptmal'C bcc:awc
e••«Y customer would have to be mi.-....! to determine whether they arc industrial or residential
,'USlomers, and •hen they musi be adminislcn:d separately. Mr. Foada said the cumat sysum has the
llh•1J1tage of dorng C\'C')'llll ng , udcr one rate schedule and is, thordorc, administratable with a reasonable
stall'~ I ),... na,-c an equillblc diwibutioa ol c:oas. He poinll:d out that cities thal iDCRMC the rate for
car rt uri.1 •.tSCd. in an an empt to force c:oosea valion. either have a rate that is not a:tSt of service. or have
sq ,;ue • 11:• l'CI for the different customer ,ll<JUJJS. He adviKd tbal then: an: maay possibilities, but rate
Sludies 11. llb'\\'Cr some of these questi-cu a,st up to SI00,000. Mr. Fonda reminded c.iunciJ Iha! this
c.,, not mcnnt to be a full blown r.ole study to II)' to address all the equitabi hty questions,.,. have . He said
!'••t col!Jd be done at a later time if that is wbL. Cowlcil wants lo do. Currently, the City is cons-crting
r,om Oat ntcs 10 meters . during which \\'C has-can lllWl0\\1\ quantity of water that,... can not allocate. so
an)thing that ,.,. come up \\ith would be somewhat of a guess
Counci l Member Habenicht asked if filter plant improvements arc mainly 10 impro-,-c th, qu&lity of'thc
drinking "~ter and if those same higher r2te UKrs arc also the primary UKrs of drinking \\~ler . Mr.
Fonda responded that II is a drinking a'llcr safety issue. He added that a rate study might make Knsc in
about five )'Cll1 once the City is abrut 90 pcr=t metered, at which time the whole system could be
studied .
Coun cil Member Habenicht asked which users produce the highest dcmsnd of the wastewater treatment
plant Mr . Fonda said it is \'Cry difficult 10 tell a difference in customer class or loadings and there is
l)1>ically a single step nte. He said ii is 4uite di!Tercnl liom water. Getting boclr. to the water issue, he
stated forthcr that the pcalcing facilities arc a large component of the "~ler trcatmcnt plaol the source of
supp ly. the transmission systems and the distriL'<ltion systems. He said you can identify the amount of
those systems that go into pl'O\iding the peak. and th en those ha\'e been assigned based on the peaks
generated by the dilTen:nl customer classes as dctmnined in the previous nte study .
Council Member Hatha"~Y asked City Attorney Brotzman whether. if\''C decide to go Iowan! the more
equitable rate system later. ii could be accomplished easily by resolution . Mr. Broumao said,.,. miuld ,
_..,_.Cilyc-11
Maffia II, 1996
hFIO
indeod. do lllOlher l'CSIJblllon ia tllal cue. Ms. Halhaway suagcsltd !hat ..., proccod, since thu bas been
IIUdiecJ for I year and I half and 11a:11J9e it is I llfety i_,.,
Counc,I MemiJer Wiggins med bow 111111)' customers we lllve who uoc over the 400,000 pllam. Mr.
Fonda responded that it i1 probably lboul IS pcfCelll o(lhc uocn. typically Swedish, Meadow Gold, Seven
Up and others.
Counc I Member Wagoocr said 400,000 ~ons 5l:eDlS 10 him like I lol of Wiler and that be -.Id still
like 10 sec that stnllght thrnugb clwge. He said he i.s DOI in favor of going ouc tor I IWI blowu n1e stlldy,
but said it ><ems that ,.., are blrvii,g l'Clidcntill units u,sidiling oommcn:ial and iaduslrial -. by
dropping tbc r11C for that sccoad lier. Mr. Fonda mid he docs DOI agree , lie said I nlC IIUdy -1d sbow
tbcrc isn '1 much of a subsidy ud 1h11 they have carefully calculated tbc costs llllribullble to lhcoe kn,•
pca!cing users and lhll1 i.s tbc amount or eos1 we rocover liom tbc ,o. He <P,:inod tllll, if you do Ill\,: 1
stnllghl across rate, tbcrt would be a brgc subsidy the Olbcr way wilh Ille commcn:i■I and -
heavily subsiditing the rcsidcntials. Again, he said he is nol loolcing li dislwbing the relative cllliga
among customers while,.,. arc goin g lbrough lhc illCl'CISC.
Council Member Wagganer allowed !hat he is wil ling 10 go ilhcad and ;,ass the n,aolutioa if eYCl)'OIIC d,c
is. but said 1h11 he would like to sec some infonnalion on lhc brcalt ~ _,, l'Clidcnlill and 0DIIUDcrcial
and industrial and the 400,000 gallon quartcrli USlgC. Mr. Fonda !Oid he c:■n pnMdc the iafonmtion.
The resolution was assigned a number and read by title :
R2SOUmON NO . 40. SERIES Of 1996
A RESOLtmON ESTABLI SHJNG FEE SOIEDULES FOR WATER SERVICE.
COUNCll. Ml:MBl'.R WIGGINS MOVED, AN;> IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (1) (ill)· RESOLUTION NO. 40, SERIES OF 1996.
Ai,:s: Council Members Hallu."~Y-Vorminag. Wiggins. llabcnich~
Waggoner. Clapp, Bum;
Nays: None
The motion carried .
(b) APP""' on Sccood Reading
COUNCll. MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED , TO APPROVE
AGENDA ITEMS 11 (b) (I) AND (ii)· ORDINANCES NO. 10 AND II, St:RIES OF 1996.
(i) ORDINANCE NO . 10, SERIES OF 19% (COUNCIL BILL Nv. 8,
INTRODUCED BY COUNC11. MEMBER WAGGONER)
AN ORDINANCE AMENDING Tl1l.E 12 . CHAPTER IB. SECTIONS 2 AND l. AS WELL AS
C'rlJ.PTI:J\ 10. SECTIONS 4 AND 5. OF TiiE ENGLEWOOD MUNICIPAL CODE l98S REGARDING
MJ SCEl.LANEOUS WATER SERVICE FEES
(ii) ORDINANCE NO. 11. SERIES OF 1996 (COUNCIL BILL NO 10
INTRODUCED BY COUNCIL MEMBER WAGGONER)
AN ORDINANCE ESTABLISHING NEW CRllcRIA FOR FLASHING TRAFFIC SIGNAL
OPERATIONS IN TI!E CITY OF ENGLEWOOD , COLORADO .
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VOkttWltl:
Ayes:
Nays:
The motion ca rri<d .
12 . C-nlDI.......,
(a) Mayo~, Chola
Council Mca,i,m Hathaway, Vonnlnag. Wiuina. Habcnlch~
Wagoner, Clapp, Bums
Nooe
I. Mayor Bums staled for lhe ru:ord Iha~ regarding Clndeftlla a1y. lie iDquiRd oflhc Cily
Manager, after lhc meeting on Moreb 11 • , wbdhcr Ille ooncq,u thal were praacnled lo Ille citizens in
public meetin gs early in 1994 were included in Ille pockCIS 1h11 were -IO lhe dcvelop:rs who responded
10 Ille roques1 for qualifi cations and c:oacepu. He said he wu lold thal they were. He reminded lhc
audience lha l twcl>,: dcvdO!)Crs respoadcd. and none of them ..,,,, p.c lip savice to tbole Oilier concq,ts
or 1espondcd 10 them in u~ way at all. All !\\,:Ive proposed power relail. tbc:reb)• telling us lhll that \\'BS
the n,arltct, Mayor Bums allowed thal lhal WIS 15 monlbs ago and dial Lbere may be changes in the
Gcsire, " ,c r..sumers and tl,c mart<ct sina, !hon. He cxpreacd curiolil)' ,.s IU whclber lhal market bu.
llldo<d, c;.;, nged and wbal else is oul Lbere. He fdl lhal lhcre would, U,..-:lor,:, be fwlber inquiry Into the
mall Ir LJ tollelhcr there mighl :.e some Olber lflProoches. Mayor Bans ....S 1h11 Skip Miller's
~"'I' >!'I I has rema.ncd rlle same through lht entire period of time. He llhisod lhal Council and Slaff
,, ... ,ghl thal lhc negotiations for the land tnnsfer would go much quicur than they did and lhal we woul d
be ict~ the public comment phase oo lhc dcvelopmenl wilhin a aiaple of-w after the developer WIS
,elected. Unfonuna11 ly, lhc U1UISaCOOII IOOk a g,ai deal longer than e,.._i and Mayor Bums said if
M• mi st.>kes have been made in the 1IICUlimc, ii would be ill DOI baYillc a co.pie of public .-in&$ ,.;th
"-C public lo discuss the ooncq,l of the deYdoper. He acknowledpd dlal lhcy i-1 goUen so focused OD
'1c land deal lhal they thoogh1 In due time they would have a CODll'aC1 ,.;t1, the developer and lhcn would
na\'e the publ ic comment period. DC\'Cf intending to shut lhc public out uywhere along the proa:ss . He
said be would personally love to sec something mo re imaginati\,: than wbal bas been subminod. but
somewhere oul 1bcre. if lhc times ba\'e changed so much. lhcre has to be a dc\'elopcr and a banker and a
lender who will le nd 1ens of millions of dollars to have some other ooacq,t advance.
1 Ma yo r Bums sai d "" have sucacded ,.;th lhc li ghl rail project. He staled lhal be WIS infonnod
1cn days ago by 11., Dcpanmenl ofTransponation in Washington lhal lasl Wednesday there would be an
announccmcnl and I a:J<mony conductod by lhc White HDWIC. ,,,.. IDIOIDC'CIIICIII would ide.-llfy that lhc
south west light rail project had been oclected by the Preaidcnl oftlle Ulliled Slala as one of six projocu
that he woo Id recommend to the Congress for funding in fiscal 1997. This included IC\leral large projects
in northern New Jersey , San Fra ncisco, Pueno Rico. Saini Louis and San Jose. Mayor Bums said be and
Mayor Denni s Reynolds of Liltlcton •-ere asked to come lo Wasbiagloa and thal they were asked for their
dates ofbinh and social sccuri ly numbers for securily clearance bccaJtC Lbere was a chance the meeting
would lake plea in the While HOOS<. He said thal although it was on:hcsUated by the White House, it
loolt pl ea in lhc Old Execulive Offioe Building right next door. Cbicf of SlalfLcon Panetta WIS the
speaker and Secretary Pella wu present IS ""II as the adminiSUllor for tbc Federal Transi1
Administral ion . Mayor Bums commented that lhc adminisuation 'WUIIOd to mllr.e a ,-c,y big statement
1bo111 allemnli vc form s of lnnsponation. He said all si x delegations wen, iD ''Cl)' high spirits for lhc
ceremony. Our delegation , be sai d. included rr.an y of lhe Rm officials and board members,
Congresswomen Pa l Sc hroeder was lhcre, as was Congressman Dan Schaefer. He said lhc meetings he
anended two weeks pri or bad gone ''CIY ""II and he was getting si gnals from Rm that this project looltod
very good . He compared II lo • )'ear ago when they had a ve ry difficult time in Was hingtoo . Since lhcn ,
l!llaie-,d City CoolncU
March 18, 1996
Page 12
he advi sed. the environmental impact IWanellt has been completed and now a record of decmoa. wbic:h
i, the final approval, has been lssuocl A 11111 funding put """'ment, which is actually Ille COGlnlCt 'Mth
the f , ilcll.l OoYtrameat to build the system, wu submitted I oouple of months ago aad will now be
negotiated . Mayor Bums adviicd that this proposal 1111111 be filndod by Congress, bit. be wa told that
..,.., has a project designated by the President not been funded by the Congress. He llllO said perbap,. in
a co e of months, if this is negotialed completely and full y, there will be a cemnoaial ligaing olthe
oontracl herc in Denver with Sccrelary Pda herc for the session . Mayor Bums said the delegation felt
very privileged that the project came so far in just one year and said it in effect ~ li&bt rail for the
area. He thanked the people in Englewood who havc gone IO Rm meetings and talilled beforo the board
to hcl" push the project.
(b) Council Member's Choice
(i) Council Member Halhaway:
I. She asked iftherc werc CJCPCl1Sl'S involved with Mayor Bums trip to WuhiaglOn that need
Council appro,-al .
Mayor Burns apologized to Council for llking tbe trip "ithout prior approval. but expJaiDod that the
White House would not let them .....i this beforc they ldl because the White HOWJC \\-aolCd to llllke lhc
announcements and. therefu;e, he could not tell Council that be was leaving. Ho said that the lirfale was
\-er)' high. approximately Sl.100.
COUNCIL MEMaER HATHAWAY MOVED, AND IT WA ~ SECONDED, TO Al'PROVE
MAYOR BURNS T1lA VEL EXPENS!S CONCERNING ii.JS TRIP TO WASHINGTON, D.C.
PENDING mt SlJ11MISSION or BIS TOTAL EXPENSES.
A)'tll: Caacil Manha, HalbaMy, Vormittag. Wiggins. Hal>enicht.
Waggoner. Clapp, Bums
Nai~: None
The mocion carried.
2. Counci l Member Hathaway said she appRciated Mayor Bun .: ·,;,mmcnts 011 the n:dc\·elopment of
Ci ndcrclla City. ho"~·er she felt Council made a commitment at last Monday ni ght's n,eeting to take a
fonnal vote on the reoomrnendation to allow Skip MiUer to proceed .
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO TAKE A
FORMAL VOTE ON THE RECOMMENDATION TO ALLOW SKIP MILLER TO PROCEED
WITH HIS CONCEPT.
Counci l Member Waggoner said that be is not at all ready to go with the ooncept. although be is ready IO
go with the de\-clopcr . He recollected that the Citizens ' Advisory Commillcc was llDIDimow in choosing
him as the developer. but he feels the project and the area deserve a IOI more imagjoatioo and excitement
in the de\'elopl1'Cnt and a more innovati\'t approach. Mr. Waggoner said he does not think the CODCCpt
fits . nor is it whal the citizens wan L He said if"~ go with thc ooncept as prOJl()5CCI. with oothing but big
boxes. we havc stripped the idea that we ought to go with what the City needs as far as shopping and "ill
have wasted the time of a loc of our ci tizens tha1 appeared 11 those meetings 10 voice tllcir opinion . He
said he would ha\'O 10 vote against the concept .
r.ounci l Member Clapp sta led that she does not feel the dC\'Cloper has made his concept clear. She said if
ii is four stores and what "'C ha,-c been pres,nled. she can not support that . She said the developer seems
\'Cry infl exi ble What she had \\1Ullcd 10 go fo rward v.ith , as far as concept. wa5 the retail cntcnainmcnt
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l!..-,oo,ICllyc-11
Man:11 II, 11196
Pqell
type or plan. DOC _,;iy MIi be envisions bi1 box 10 be . She med for fw1ller dellnitioe of the
de\-clopcr's C:Ona:pl ofti1 box.
Council Member Habcnich! qucslioncd tbc wisdom ohhis vote . Sbc cxprcllOd conccm ti.at there arc a lot
>f citiuns who are illleraled in this matter, and said thal to lllte a \'Ole tlial signlllcant hued on
mctbing that WUD'I publisbcd or 011 any agenda. does no1 make any...,.. ,o her. She said tbc public
""""1 d have had an oppommil)' to rccoanlu that a vote was goin1 to be tal<cn and she feels ""fl'
uncomfonable lllting a VOie • all .
CGuncil Member Clapp fdt -what \\'C are doing is nding to the citizens at this poinl and are
clearly no1 ll)'ing to lea,-c ID)'OD'' '1111. She said we are questioning where ,.,. are going with this and the
a,occpl. She felt those ,...,. the concerns lhal were voiced .
Council Member Halha\\'ly said that she is, indeed, responding to the citizens. She aid Council has been
lclibled cxtn:mcly heavily on both sides or this muc. She aid we need 10 eslablish whctbcr we arc in
suppon of the concq,c or mail cntcnairuncnt, or the big box concept. Ms. Hathaway said Council needs
10 osublish ci1her ,: .. , we 111M some confidence Iha, Ski p Miller can dtln-cr something on this pnl!JCl1y,
or 1!.:il ,.,. ha,,. no oonfideDce that Stlp Miller can ddiv-cr anything lhal this cornmunily wants. She said
"""""that lo Skip Miller and. to the oommunily. She SU'CSSed that is .. 1111 she is asking for the vote on .
Shc asked why, if U,ere isn ·, any eo111idtnc'C. ,.,. are procccdin,; ~-•. ,. ~ on the developer's
•~mcnl7 Also, t,,l.s, Halha .... y said lbat. when .... did lhc ongi llll pul,h< ,n,..;ngs wilh Klipp Colussy ,
O\lBois and Jenks, lhcy ,......_ indeed. one of the bidders on this pn,joct. T1leir concep1. she poi.DI. 'II oul
..-as big bo:<, also . Allhough she felt one of the bidders had olfcred an anisan 's oolony oonoq,I. sbc said
lhc other elC\'Cn ,.,.,. all big box oooccpts. Ms. Halhaway said-..-. all ba\-c dilferenl ideas of what big box
can mean. anci sh~ feels big bo.x is \\'Ol'Ll\blc and can be made unique .
CGuncil Member Vorrniltlg said be lcally agrees wiU. Council Member Halhaway and would like a
,'Ole so tha1 ,.,. can sec wl!al the blue pri n!S .,;u look like fiom Skip Miller. He said he may nol approve
oflhcm al thal lime . but "'1111510 be car thal he has a shot II ii . Mr. Vonninag said lhal what they had
seen las! "-cck was not 5ct in stone. ii was jost a a>na:pl . He poin1cd out Iha!...-. don't cv-cn know wbal
stores he is going to ha\'c.
Council Member Clapp said she really doesn't care wbal his tenant mu is or what he propo5CS 10 bring in .
She e.,1>rtSSCd oonccm for U.C O\i:rall layool and plan. saying that she would like to sec U..! fint She
said if we can't agree on, layout and plan. thcrc is no point in having Mr. Miller go oot and sec what
businesses he can attract .
Council Member Habcnicbl said she thinks thcrc is so much oonfusion C\-crywhcrc because of lhc
dilTerencc between lhc definition of a oona:pl and a plan . She reitC\'111:d that ii would nol be an
appropriate vote and she is not C\'CD sure wbal lhcy arc voting for . Ms. Habenichl opined Iha! Council has
a rcsponsibilily 10 listen to the public and asked if",: an, here 10 ad\u:a1e for lhc oo,:lopcr's dcsir'C. or for
what needs to be clarified bcf.>re proceeding.
Council Member Hathaway said U.e question is Council 's confidence le\-d will, Skip Miller. She
reminded Council Iha! Mr . Miller requested last Monday night either direction to proceed or not to
proceed . She said lhal if Council docs not wanl 10 proceed wi tlt Skip MtUer. they need 10 say tha! now.
Respondin g 10 Mayor Bums' request for clarification as to wha1 lhc ~on was. Cooncil Member
Hathaway stated ii is whether Mr . Miller should proceed along -..ilh •'bat he has submi11cd as a ooncc;,1.
She said 1ha1 is wha! she bean! las! week and that-..-. basicall y gav-c him a oonscnsus vote on that
Mayor Bums said bis recollectioo MS tlllt IIC IOld him that WC would pnacd lo lllnbcr nqolillc tbc
contracts wi th Equitable and Mr. Miller cm tbiA project . Also, he undenlood that they were aa<>d wbecher
they wanted 10 hold up tbc project at this r,oiDI for a cullUJal center. He said he didn't tmM-we were
going lo take I \'Ole Ibis CVCllffl& and cloca ·1 bclic.e that MS discussed last ~ and -,Id like IO
have known Iha! this MS going to come up io.i&Ju.
Council Member Hathall .. )' said if Couot:il -w like her lo wilbdnw the molion, that is IOI I problem.
but what ,he was trying lo express wu thal we shculd SWt biting the bullet and making.,_
commitments 10 the de\-.loper, even if it is 011 DO!hing mon, lhan a vote or confidence for Mr. Miller to
prooood with the contract as they ICC it. Sbc: aaenod Iha! we need to at least establish wb:ne "" are going
right now .
Counc ,I Member Waggoner said he does DOI disagn,c with lhat , but does not feel Iha! now is the time In
vote on a conc:cpl or to proceed. He agn:,,d dial they should hal'e some good. bard discussionl, u Ms.
Hathaway suggested. He said Mr. MiUcr Im beard the same citi1cm that Council bas and, based upon
what he has heard so far, Mr. Waggoner said be is not willing to go ,.;th the pn:scnt oonc:cpl.
Mr. Vormitt.ag said it might be completely dilkrcnt after what Mr. Miller heard last "'Ctt. we don 't know.
Mayor Bums agn:,,d with Council Member Habcoicllt's comments.
Council Member Hatha"-.Y said she would •ilbdnw the motion. but t.'ial her intention was just ID
delenninc if a commitment was made to Mr. Miller last week In proceed and to formalize lhat
comm;tment
Mayor Bums recalled that Council ga,-c Mr. Miller the ,c:,se that be should proceed ,.;th his ncgotlations •
on the conlraCIS, and that Council "'Ollld do tbc same. H-. said he wu not sun, that they were trying to put
a stamp on a big box plan or a drawing Ila Ibey bad la front or them . He n,iterated lhat he agrees ,.;th
Council Member Habenicht that they should DOI take a VOie this c,-cning that will look like they are
aa:epling a conc,pt that they stiU have a Int of questions about .
Council Member Hatha\\ay asked City Atton>e)' Brotzman if it is appropriate to take a consensus vote to
prooood \\i lh these conll1ICIS. because 1h311"0Uld make it mo re formal . Mr. Brotzman said it "as not
necessary , but they could do it iftbcy wanL Ms. Hathaway said she wanted to make sun, they \\-ere not
going to skew any negotiations that were going on "ith Mr. Miller.
Mayor Bums said the id-..a last Monday was that " .. wen, already proceedin g 10 complet e negotiation of
the contracts. the question "as mon, nC wbclher ,. .. should stop . He felt they had indicated to Mr. Miller
that the process would amtinuc. but it docs nae mean Council was aa:cpting c·:actly what he was
proposi ng at the time.
Cour,:il Member Hathaway said she had l\Ulcd lo make it clear that the commitments lhal were made in
an infon,,aJ session ""'· indeed. still the commitments in a formal session such as this evening. She said
Ihm seems 10 be some comments by the public that Council tends to make some decisions in Sn Jy
Sessions 1 /\al arc not formal .
(ii) Council Member Wiggins
I. He expressed gra1i1udc that Counc:1 Bill No . IO, :nvohing flashing trallic signals , \\as approved .
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March II. 1996
Pq,cU
2. He thanked Mayor Bums for his untiring cll'oru regarding lighl rail, lllllng lhal he did •
wonderful job .
(iii) Council )!ember Clapp
I . Sbc expressed cnncan about some business licensing and would like 10 mccl wilh City Manager
Clarl< this 11-..:k on lhc mancr.
2. She Did Carl ene Walker mode a Slltemcnl 11 lhc list day labor study mccling lhal she paid $500
for police rcporu . Council Member Cla pp said she would like lo lmow iflhat Is lllle.
3 . She said she would like ID take a look & J:c !crnpomy labor ordinana, and find DUI whal
a,mpan,blc licensing fees would be in Olh<o , ,li es.
4. She asked for a packel pr'O\iding figures for lhc Cindcrdla City rcde\Tk'1>mc-wi-'...i. &t
dc\'clopcrs had gi\'en 10 Council and staff.
(i\') Council Member Habenicht
I. She thanked Mayor Bums for his clfons regarding light rail and CX1tndcd offici&l 11,.,. ,, fN>m
lhe Cil)• lo lhc !Ji-cities group of Englewood. Li!Ucton and Sheridan ,.,t,o slso "''Orl<ed hard OJ '•• clfon.
as "~II as EJ,glewood Focusing 011 Tomorrow (EF01). lhc RTD Board . cspccwli our ....,,...,,M .ives Deb
Tonsing and Edie Bryan~ our Slate Representatives Wayne Knox and Sena1or Torn n i, en-., 1, lhc
entire Colorado delegation and cspccwly Reprcsenlatn'e Dan Schaefer. She said Mr. Blickcnr.ener bas
!aken a lot of ti me away from his own business lo go and lobby ,igorously, doquenuy i nd suc;:cssfully.
2. She a,mmco1ed Iha! Council has ,.,:J letters indi\i dually regarding !loc <;UV>Crtlfa City
ainccpt and Iha! she feels !his is the most impo:unt decision !hat Council ,.;u be y.,;:fting on for lhc
a,nununil)• for years 10 oome. She said it will bo itn portanl 10 include in lhc r=nl al l oflhc a,mmcnts
Iha! people take time 10 send us. She asked !hat 1 •ms from Doaald Marshall , Rosemary LaPona, George
Allen and Sharon Greenwald be placed wilh U.. , n! of tonighl's proaedings.
3. She read a quote from an article entitled "Big Bo x • Time to ask for Performance Bonds" from
the Nations · Ci1ics Weekl y issue of January 15 . 1996. It read ·1n its recent yearly roundup of nation\\idc
~nds, lhc prestigious New Yorlt based Equitable Real Estate Manageor.tnt Finn rcponed lhal 'lhc big
box fonnats ~.a\'e clearl y peaked.· A dog cal dog environmcnl among such megaslores, said Equitable. is
especially dangerous because lhc nation is already heavily O\usupplied ,.;lh retail ooUets."
Council Member Wiggins asked if 1ha1 is !he same Equitable Iha! o\\ns Cindcrmak . Council Member
Halhaway responded !hat it is .
13. City M1n1gcr'1 Rtpor1
(a) Cil)' Manager Clark recommended th•t Council go into Exccuti,.., Session immediately
folloning the regular session 10 discuss a real estale mailer unrelated 10 Cinderella City .
(b) City Manager Clark said he would lik e 10 go ahead ,.;th lhc study session lhal was
tentati\'cl)' scheduled for Monday night He said t.c would like oor.timv.d discussion of Cinderella City,
and said. also . that he would like to invite our State Representatives and Stale Senator for a shon time 10
,tiscuss pendin g legislation .
COUNCD. MEMBER HATHAWAY MOVJ:.D, AND IT WAS SECONDED, TO GO INTO
f.XECUTIVI: SESSION FOLLOWING 1111: !'11:GULAR SESSION TO DISCUSS AU.AL
ESTATE MATJ'[R.
Ayes '.
Nays '.
The motion carried.
14 . City Anoroey'1 Repo,1
Council McmbeB Hathaway, Vonnitta&, Wiggins, Habcnich~
Wqgoocr. Clapp. Bums
None
(a) City Attorney Broumao discussod two settlement propo<ab, the lint for Soutl,
Anpahoc Sanitation District involving impn,pc, mechanics liens that bad been placed on the property of
ruidcnts in this district .
(b) The second ,cttlcmcn proposal pcr1ains to South Eogle-.,ood Sanitltion DiSlrict . He
said it is a $700 r.11>1cr when: they ,.;thhdd funds from their service apemcnt to us by default. Mr.
Brotzman r=nuncnckd settlement ofbolh cases.
COtmCIL MEIHl'.R HA TBA WAY MOW:JI, AND IT WAS SECONDED, TO ACCEPT TB£
SET11.£MENT AGREEMENTS AS SP£ClflED BY TdE CITY A TTOR' £YIN AGENDA
ITEMS U (a) AND (b).
Ai-cs :
Nays:
The motion carried.
IS . Adjou,,,_.t
Council t.l.:mbcn Hathaway . Vonninag. Wiggins. Habcnicb~
Waggoner. Clapp. J)w r.s
None
The meeting adjourned without a motion at 9:08 p.m.
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