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Home My WebLink About1996-06-03 (Regular) Meeting Minutes• • INGL&WOOD CITY COUNCU. ENGLEWOOD, AJIAPAIIO& COUNTY, COLOIIAIIO llcplars-ioll Ju .. J, "" I. Call lO Order The n,guJar ~ng of the Englewood City Council MS called IO order by Mayor Bums at 7:46 p.m. 2. 1"•0Cl tion The invocation was given by Council Member Wiggins . 3. Pledge of Allqiaaa The Pledge of Allegiance was led by Mayor Bums. 4. Roll Call Pn:scnt: Absent: A quorum was present. Council Membcn Hathaway. Clapp, Wiggins, HabcuichL Vormittag. Waggoner. Bums None Also present : City Manager Clarl< Ci1y Anomcy BmtznuUJ S. Minutes Assistant to the City Manager Grace City Clcrlt Ellis Deputy Director Olson, Safct)' Sclvices Executive Din:ctor Malinowski, Englewood Housing Auth>rity Manager Simpson. Neighborhood w. Business 0c-.'<lopment Dittaor Black. Parts and Rccration Recreation Services Manager MJckeh,on Manager of Community Services Blumenthal Chief Building Official Still (a) COUNCIL MEMBER HATHAWAY MOVED,AJl!D ITWAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MA V 20, 1996. Ayes : Council Members Hathaway, Vormin ag. Wiggins, Waggonu. Clapp. Bums Nays : None Abstnin : Council Member Habenicht Mooon carried . 6. Scheduled Vl1iton (a) Community Ema~ lleopo,a T ... (CEll'l'l Voluntoen _.. ..._.. ror their sorvicc to lbc City of EnaJcwood, Miyor Bumi aid Ceolndl app11'<:iaa CWl)'OIII llleDdina tonigbt •• Council Meclin&, lk noted that thae will be a ra:t'fllon and rdresl'unentJ II lbc Miller Building following this recognition cen,moay . The following volunteers wen, """811izcd : Phil Russell Duglal Graham Rich Bunoo Dorolhy Lment David Louch Kelly Ellington MitchOffiitt Chris Hcclis Marjie Moon, Larry Bigby Anne Phillips Syl"ia Kubilus JoAnnc Whitaker MaiyTrouth Jackie Garcia RosicMcrclli TomMcn,lli Kristi Haner MarylleWill lra Weir Norma Weir Kylello)fog Kanna Yodter Scou Yorker Alfml Vonnittag Bobbi Vormiuag G•ylc Ogdcn Bill ie Miller AIISiinC',omcs Sheila Gomes Marilyn Bl'CIICllgcn JamosOymck Anthony Dymek Dec Harris Bc\'erly White VcraMollla Tami Monday ToddMondRy Andr.t Randolph Traa Shanahan Donna Shanahan PcnchoDimitJOII' Billie Starker Gary Kozacck Ray Moreno Carol Moreno leaoe!te Sprinkle Kr ith Kohler 1\1.a,y Guthrie ButmaMikus Bob Dunning Vickie Dunning Nan Robinson Jennifer Venrick Brook Lujan Marissa Dymek Mayor Bums presented ccnificatcs to those ,'Oluntccn present. He IIOled tltat this was a remarkabl , turnout. that almost C\~ryone was here . On bcholf of Council. he d11nked C\'eryonc for their help . !Clerk's note : Council Member Vonnillag left the meeting II 7:58 p.m. to auend the CERT Volunteer reception . I (b) Tonda L. GatC\1'00d . an Englc..'OOd citiun, stated that she was here t"" weeks ago and • presented a packet to Council concerning dRyca re . She explained that she had had a neighbor complaint. n,c neighbor had thrown a rock over her fence and Ms. f-alcwood said she confronted her on the mailer. Ms . Gat°"'OOd commented 11,11 the neighbor soon drenched her "i th the hose and called her Mmes . Ms . Gate"'OOd said a poli ce officer i.lked to her and Sco11 Titohlpson rmm Code Enforcement spoke to her rcga."din g the si1ua1ion , as she h.1d complained about the daycare . Ms . Gatewood said the neighbor has • • • u.ed lbere applOlUIDIICly a,-r. Ma. o.-11 llllOd dial IIM WU DDI IWlft lllal lhewu III violaliaD ol thezmia&codewhcnlbcboqlllllcrhowc oaadabalfyanlF, Shclllviadlha1Mr. '1llompma iaucd I violation. but she reels Ille mailer ii -I aei ...... dilpUIC than I daycare iaue. She aid she rally fed• Iha! daycare i1 nocdod in !he Englewood-, 1h11 111= ue siXleell in 1h11 dlatrid. She ..,.,,_e,1 that llhc has boca a li--i da)'Caft pnwidcr rar nw, aad hair,..,._ Ma. ClalCwood aid it ii DOI the cuiesl lhing in the world Ill do, )'GU baw lO "' thraugb • loc of clulcs, e.,. CPR/lint aid U'litliD&. She aid llhc WU reccnllied in April for anochcr Jar. the Si.lo inlpCICII the daycare home and will im'Cllipte 111y complainll repnliq abwe. Ms. Gatewood said another pn,snm JOCI along wilh tllil, Wildwood, and tbcy come out IINlvJ every lhRo lllOllfbs lO iup:cl. She DIiled !hat ii i• also a -.derflll pn,p1111 . She reilcnled Illa! &be feels Ena)ewood noodl IJOMCIS pnwided by dayca,e providen . Ma. Gatewood said she does ii becaus: &he IOYCI chil<ln:n, !hat &he ii a lin&Je mother, Iha! 5he boug)ll her house and lhil ii !he only lhing Iha! lhc hu lhal kc:q,s her alive and her childrat alive. She lbllod ... does 1101 lhink jUSI one lhauld be put out and DOI the otbcn. She said !here .,. people here who ~ done ii for 1CYOn1ecn years, lhat !boy are wondcrfill women and Iha! !here are womcn here to "'PPD" llcr. Ms. GalC\\ood suued she i• just asking Iha! maybe something can be worked out so that they will DOI have 10 shut dolm. She said u offriday !licy did shut her down aad lhc ii oul ofworit until !his issue can be brought up and Ille can go back 10 work. She coauncnted 1h11 i1 ii no. only ror her, bul ror the kids and parents, and for all !he olhcr daycare providers Iha! put in I lot of bani work Uld cft'on . Her parenll ..,,,,. 10 find somebody IICW, the kids hl,\,c 10 go 10 somebody new. She concluded by saying Iha! she 10\'CS wh11 she docs and doos not WUII lo lose ii. Mayor Bums offered , u a pc.in! of infonnalioa. lhal 11 Council's study session jusl preceding !he mectmg. Iha! !he conscn"'5 of Council was 10 pul a moniorium on l'unbcr enforwncnt of 1J>c daycare i5SIIC in R-1- A. He said this ,.;11 be in order 10 oblain I0 '11C IIIOIC infonna1ion aboul this ,.;!h •J,c idea ofposs,1,ly separ.11ing !his oul as I separate use in lha1 zoning classification. He said !hat IIY:y "ill be proceeding. lhal !he Ciry Manager said be ,.'Ollld like I resolution. which tbcy will have, an<'. pmcccd to look al !his ful1bcr and sec if !hey can ·, lry 10 aa:ommodalC this issue. Cooncil Member Habcnichl uked if Iha! mo1 ~1 orium includes !his young woman. Or, Council Member Halha\\'IY said , what can be done in her case ,rghl at !his particular poinl in time. City Manager Clarlt stated that it is his understanding !hat Council Mntcd to have a ccnain dale established and anyone prior to that dale would be mora 100·.un. He said the dates are Councirs choice. that he was going to rcconunend June J"'. wh ich is tonight. and reooactivc back ,then !hey bring the resolulion in. Mayor Bums sa id that is what be was thinking. that he did not lhink they should cut oil today and !hen prosccule !he people who have been cited before, bu! r.01 after. He stated he lhinks !11ey should make it retroactive . Council Member HathaM )' conunenlcd Iha! !hat still docs not address Ms. Ga1cwood·s situalion. bccausi: her complain! took place befo re. Council Member Habeni cht said !hat is retJOaction . Council Member Hatha....y staled it is onl y relJOacti\'C to June J"' ar;d asked iflhal is right? City Manager Clark said oo, ii is June J" back to whenever, tut 111yll1ing after June J"' would not be subject 10 the mora torium. Council Member Habenichl asked if drat means Ms. GatC\\ood can still lalte care of her chi ld ren? Mayor Bums commenled ti.ii tlrat was his next question. Council Member Hathaway asked if that means she can go back inlo business totnorrow? City Manager Clark said she will be under !he moralorium, because she was a prior opcralion . Council Member Habenicht said me had just wanted to clari fy that. Council Member Ha!lia,.~y asked if Ms . Gate..ood ,.;11 have a coun date on !h is panicular ma11er? City Anomey Brotzman said she may have a coun dale. Ms. GatC\\ood sa id no. !hat she did not violate, !hat as or last Friday lhat MS her last day and !here ,.~re no children !hen:. She stated !h ey also came !h is monuna and t11en:-. no cblldrca lhcft. HoweYcr, she 111d. lhf.t did come with tickct la 11111d nod)' io 1i<:td her. City Manqer Clark asked if It wu 1111e that she wu _,. mwd thc ticket? Ma. Clltewaod said no ..... WU ICIWd I notice of violation. Diftcting bis CIIIIIUIIC1II to Ms. GalCWOOd. City Attorney Brotzllllll explained that she amll 10 be ....,. that Council may nae amend lhis. That they do not want to jerk lier i.t and follh. e,a:q,t right now you can't have daycan: in R•l·A and what the Council iJ S<Ji•I to do ilnimiderthat illue. He poinlol out that it may nae pass and ii may remain the ...ay it is. Mr. BIIIIZIIIIII aid if she is l!Oinc to -her ousincss up apia she needs to koow that in thc ~ it may or nay DOI pus. He uked that she tilt• that into account if lbc iJ aoln1 lo 11111 her bull,-again . Ms. o.--i said okay, but lbc asked if she can continue berbusincu as oftomonow. Mr. Brotzman said u of today. Mayor Bums asked ifa vote is n,,eded on Ibis. City Manager Clark said"" will just DOI enlorce it and brin1 a n:solution back in""' wtdts. Mo.or Burns said oby. Council Member Wiggins staled he would like to pul a stipulation on that ag,ecment that Ms. Galewood and her neighbor get along with each other and mike peace with each other and live with each otber because they arc in the same neighborhood. Ms. Gatewood said she 1llldonlands that Mr. Wiggiu said they should let byaones be bygones, bury the hatchet, smoke the -pipe .....,,ever it tabs. He nol<d that 's what pRCipitatc l her problem. Co,.ncil Member Wiggins asked Ms. Gatewood if she bought ber home in Englcv,'OOd • ,ith the intent of opening a daycare scnioe. Ms. Galewood said ya and thal she had callcd and asked and A'II told that it '\\'II line . Mr. Wiggins, directing his comment to Ms. Gatewood, said of course you didn 't keep the name ofan 1>od)• you talked to. Ms. Gatewood said she j ust called downhere. Council Member Hathaway said just as a suggestion. since then: arc a couple of people in tho audicDce, one of which has been hen: befon: in the ,amc situation and the fact that they have Vera Montez wbo is liom the Child Care Association. that these pooplc be brought in to help draft the best raolution to Ibis that we can. She said she would like to ccwull the expcns in the licld if"" can. Mayor Bums commented that he did not know if they need them for the resolution. but that they may ,-1 them for the ultimate determination or what they aro aoing 10 do as far as the ordinance is conccrncd. Council Member Hathaway said she "'II talking about when they change the ordinance, because she said she can guarantee that they know mon: than the staff docs. Mayor Bums "11tod. if they aro going to be n,gulating Ibis in some fashion , that they should ccrtainly consult the people that an: in the business. Deputy Director Olson asked for permission to address Council. He said that he just wanted clariflCllion on this again . as Council is literally putting his people in code enforcement in a kind of bind. He said he has been talking to Ms. Gatewood's neighbors and they have dealt with this issue for days and days trying to get this r=l\'cd, He said he wanted Council to be real clear, if Council is going to allow her to sun up again during this moratorium period. that the neighbor is aoing 10 be right down on UJ one moro time. Mr. Olson said he just wanted to get it clear on this as they an: getting bounced around. baclc and forth. on the whole issue right now. Mayor Bums said that they undclStand bis problem . • Council Member Haben icht said she wanted to shan, that she thought that when other similar situations, ;,ot panicularly ,.;th daycan:. that ha\'e come up in neighborhoods and neighborhood "111ch situations. She said she thought Council Member Wiggins made a good point about the ncighbo11 needing to worlt something out. She said that then, is probably an opportunity throu gh the neighborhood wa.tch or something like tlial for these neighbors IO get togctl,cr and perhaps with the assistance of knowing wba1 Council is dealing "i lh and being pan of the communication that might ""rlt through Iha~ might be helpful. Dcpul)· Director Olson commented that it is a little mon: im'<llvcd than that , that he did not know if ii ""uld be quite thnt simple . He s.iid people"~"' qu ite adainant when they called him and they wen: • • • 1101 pl...i wilh Ibo lilllllion. He llaled II ii llllly Caandl'adedllon, but 1h11 b,oj,111 Wllllld to III lhem know 1h11 Salll Tllompoo■ did go on out ud Ma. OalCMIOd ~. -lillly, IIOppld bawl& lhc kids in there u ol 1111 week . But apln. he painlal out. II we -aoin& to 11111 it up, ,;-lhc opliom Cowlcil will be Jookin& II, there will be I ~l-<IUI from the GIia MC ol lhe fence. City Manager Cla,k llalJld that they -an~D& that ud 11111 Mr. Olson C111 explain to thea, !At! the manercame!Jdon,Council , 1h11 CGuncil wan11to ~ iludillllnlCUldllllrtopull off on em,~-, until Ibey rcvicw ii. Al,o, Mr. Clllk noted that he can invite lhom to become I tched•led visitor '~ ,,, ,, wass ud 1tlelld Ill the zonina lurinp. de. Mr. Clark IIIIOd that Ibo thcy hl>e illdi<:atJld to Mi Gatewood that II this amendment docsn 't pus then she ud lhc other daycare ccntcn will baw. to ,.., , ly with the R-1-A . Dq,u1y Director l'ISDll apolo&izod for coming forwlld like tu, but be said Ibey kind "'CIU&hl Ilic olT· g,,•_,;! with thed1111 that -jusl llWI. Mayor Burm aid lleraliza that Mr. Olson bas~ th,., jusl made bisjol, a lot hanler. r ouncil Member Hathaway noted Mr. Olson is asking fa r clarification and she explained that III lhey - aoiDg is iauioa 11110111toriwn oo enfon:ina • c,:ase and •• cnler on R-1 ·A daycare ccntcn. Mr. Olson c:onuutnled that that essentially includes Ms. Gatewood •• !1111 pn>CCSI. Couoc:11 Member Hathaway said yes. bocalle sllc is-of the ones in R-1-A. Ms. Hatl•,<Ml)"dlrilicd tbal II she gcu in 1disputewilh her neighbor. whicli is tOlllly UIU1!1ated to the daycare situllioa, tllCII he should enforce that one . Mr. Olson advised that Ibey do , however he just wanted to Id the.,, -lhll it is all tied together. Council Member Wiggins told Mr. Olson. l>ilcn the olhcr IICipbor comes forward and jumps down his neck about this other situation, to !di tbcm they can come bdorc CGuncil jUll like she did and speak their issue. 7. N.....:lledaled Vi sitors (a) Janice Boyer stated that Tonda GalC\\ood is her daycare provider and that she is wonderful . She stated that she his....., children ranging ia • from fourteen to sixteen IIIOllths and she has gone through I lot or daycar.s. She Slid that Ms. Gatca.....t &i= the children the special ~ that they need, that John is sixteen months old and has been in her care for three weeks. She said he lr.nml, his nooc. his cm, his eyes and if she were to take him to Kids C.rc or one or the other big daycare centers he ,.-ouJd no1 get this kind of special love . She said he gcu up 116:J0 a.m .. gets his clothes, gcu his diaper bag and he knows he is going to ToncJ;-'s. He could IIOl go lo Tonda's on Friday because she had to go to court , he couldn 't go lo Tonda 's today IJecause she,.. closed down. She asked how )'OU exp,.iu ,o a sixteen month old child that he can't go see Tonda. Ms. eo,,:r commented that she walks him down to her everyday and they get close 10 her house and he's trying to get out of his 5trollcr goioa Tonda, Tonda. She said she knoa1 daycare is easy to find if you take tbCln to a big place . She said she is a single parent and has to ,-,,rlc . She stated that if she does not work, her kids do not hi..-clothes on their back or food in their mouths. that they hive nothing if she does Dot wwk. Ms. Boyer said that Ms. Gatewood is n:liablc. inexpensive and she is great. She asked that Ibey please not take her daycare. as she is the best thing that she bas found in her fourteen )'CIB of being I parent. Ms . Boyer noted that she has I special child wirh spina bifida and she does not trust too many people ,.;th her. She said thal right now she is living with her fatl.er because he does not have to worlc as many hows as she does. Ms. Boyer stated tha1 when she gets he r back she definitely plans on taking her to Tonda because she knows that Tooda cao be then:. She said. if she needs sornething or fall, and huns bettclf. she kno"' Tonda will call her and she can come home. She no1cd thar a lot of the daycar.s don 't do that. She said tliat the daycare she is with now "ill not sai· •nything if she falls our of her wheelchair. She said if John falls Tonda ,.;u call her at work and tell her he fell and scraped hi s knee. Ms. Boyer reiterated thm she is lhe best daycare she has ......... Cllyc...-..... ,. .. ..... round In 11erro.u,.n ,-sal'bcinga mom and irdlcrcillJIYfll)I .._ •c:auop her, *asbddlal she pleue be allowed to bop lier. She said she kmws h l0Wlds ............ lbe ls pat. Council Member Halhawly IIOlal lilal Ms . Boyer aid 11111 she wllb ..... to lbe daycare, ., ... -live in the ame neighborhood, 111d asked bow far away lhc liY<S. Ms. lloyer aid yes, 1h11 she liY<S about cighl blocks 1\-om her and he knows Tonda's house. Ms. Boyer aid ... Ms. GaleMod bu I pllt ripl then: and he,.,.. Iha! pa,t and he is ll)'ing 10 get 0111 al'bis 1uollcr ..i Uying lo nm to Tonda's. Council Member Hallln-.y asked tor her addras. Ms. Boyer IJ1IWONd that she liY<S 11 the Holidly Mold at 4475 Soulh Broach>-.y righl now. (b) Joan Smalho<>ocl. 47 37 Soulh Fox. DOied 1h11 she spoke to Council a couple of times last fall n:garding lhc R-1-A mning and ill effi:ct on daycare and henelf. SIie Slid ... Wlll1ed 10 ....... rew things. She stated tbal on October 2" Council Wied to 111y Ibis issue llr an iadelcrmi..,. period oC time and she n:ceivcd I letter which llalCS tllal lhc cmon:ancnl actions on ..,... bwi-would be put on hold unlil 1his issue could be raolvcd which. she DOied, Is basically wllal Council n:llated eulicr lonighl. Ms. Smalh•ood maintained 1h11 daycan: provides I very valuable llnice IO our commanhy and 10 tile raidcnll orEnglc\\ood. She said ail or Englewood will suffer if 1llcy do 1101 have child can, willu lhc community. She DOied that ii jusl laltcs people DUI fl lhc community. dial Ibey don 'I shop 11 the local ston:s or l<cal gas statioas irlhcy ha\-e 10 go lo Linlcton or Denver to dnlplbeir childn:n olror pid: their childn:n up. She commeutcd that those an: lhc stopo you make 10 and Ina-. we have all bccll there. done lhal. Ms. Smal-DOied lhat then: an: fifteen licmsed daycans ill 1llo R-1-A district in the glc wood an:a . She said she and Ms. Gatewood .,. !WO or lhcm . Ms. Smalh,ood commented 1h11 Ms. Gal.,.ood sill righl on the boundary line. thal literally if you livcd ac:natllo alley ftom her you could opcrale a daycare \\itb no hamsmcnl. She said ill really bani when yoe ay they can do ii there. we can '1 • do ii here. they can do ii there. we can 'I do it hen:. Ms. Small\\ood Slll<d dial she -.Id like lo ... D11C consistency throughout the Cily thal ail n:sidcnlS be llelled the same rcpnling daycare. That they would have the same kind or daycan: n:strictions and con1rols 1h11 maybe you would,...., if you lived east of Broach>'ay or you li\'cd in ID an:a thal was not an R-1 -A district daycares an: pennined in those mas. She commented thal she hates 10 ... that a neighbomond disagr,,cmenr can pil one neighbor with such leverage that they can shut down a persons livelihood. tcrminale !heir livelihood. 1cnnina1c perha ps the owner<hip in 1heir home and force them in10 bankruptcy. because we an, quibbl ing over things that an: perhaps not claycan: rclatcd. She added lhal clearly the Stales n:gulales their businesses ,-.ry. very, very stringenlly. If then: is any problem in lhe cfaycan: home, as far as the daycan: operation, lhc State is right in 1hen:. lhcy \\iii shut them down and not C\'Cn give them a 30 day notice. Whicll, she said. is nice or the Cily 10 gi\'e them . Ho\\-ever. she n:ilcratcd, lhal the Stale will shut them _,, within ID hour. Ms. GalC\\ood staled tl ull she would like for the Council IO Id lhc State lalce dial c:onuol and have that control as they pn:scnll y ha>-e. "'Ill the blessing oflhe City . Ms. Smallwood _,_ed that she heard a few people n:fer 10 daycan: homes as ccnlers. She said tllC)• n:ally an: not ccnlers. thcY.,. not licensed IS center<. that they an: n:ally i,ri vale individual homes . Th, maximum liccnsa an: six children. with a few c.,ccplions. you can sometimes have I\\O school age children In addilion 10 !hose small ones , which would make a maximum or eight childn:n . She staled that they don't cn:alc a bunlcn upon neighborhood communities. She said no morc children piny in her bacl<yud llian play in the backyard next door 10 her. She nolcd Ibey do not create a noi,c problem . Ms. Smail\\ood staled 1h11 she docs not feel . just because 11,cy li"e west of Broadway or in linle enclosed areas in then:, 1ha1 our homes. residences or neighborhoods an: n:ally subs1an1ially dilfercnl than any of lhc other ncighborhoo-ls IS far as residential . Ms. Smallwood said 1ha1 they just ask 1ha1 Council gran1 . and n:ally seriously consider excluding daycare when they an: looking Al in•ho1ne businesses. (c) Harold Celva. EnglC\\ood Down1own Dcvclopmcnl Authorily (EDDA) Din:ctor. said that he h,,s a request to make wh ic h is oontaincd in a lcucr and some addi1ional documcn1a1ion . He • • • peaod ... copla of the leltu and~ and rad ftom i. lrmr. He Mated 1h11 EDDA ii - beginnin1 die cigbth year of the --aeries. He aid ... CMr the lul _,..,. Ille ancndancc II lhe conccns hu inaasod cnma&lcally and bas c:n:a111 pn,blcm with the copacity arun1c Diy Cndi Plaza IO ~Ulldy "IOII" tbCIC ..... c:nlMls. He 1111111 lbal they havc lllldied lllallllivc sighlS, ""'ro.l 11W giVCII EDDA'& ~p ofdle cvcnl 1h11 die Plaza remaiu the bell localion. Mr. Cclva explaillod 1h11 in reviewina the Plaza, and the audienca'.., oflhis area, they believe lhll 1 oolutioo III die problem CID be bell achieYed by modifying the plulin& lllllerial used in the bar 1111111 OClaaonaJ plamm II lhe nonh ead of lhe Pim. He Aid lhe pl of Ibis proposed change is IO opea the view of lhe llqe l'n,m 1 1rca11er .,.. ol lhe PIIA He IIOkld tllll Cooncil CID ICC on 10111e ol lhe plc:tw<S, included in Ibo badt U 'l>dl U lhe ovcrbcad, how much oldie i'lua 1111 l& CUI off for ... ling. He lWed Ibey pn,pase I llllldilic:ation lhal would CXlllli&t of rcmovina Ibo cxilliq bu&be& and 1111111, lo,,· crowning Ina and rq,lutina lheae IRU ..;lb alhcr mawill Illa! muld be millllinod II I lower boigbl. He said they ~ lllllf'II ll)'in& lhis for lhe summer -and if ii ls docidod lhll lhe l1ffl should be repllced in lhe pllll&en, 1h11 a variely ,.;u,, 1 single IIWlk and hiper avwa be oelecled and replanted in lhe fall. EDDA, be advised, ..ould fund the coa ofreplaccmerll plllllina lllllerial. bul .....id n,ques1 lbal lhe necessary labor be provided by lhe Cily. Mr. Celva advised that lhey have run lhis by Parks, City Manager ClaJI< and he lhoughl lhal Bob Simpson bu bad I look II ii. He said everybody concluded thal lhis is ~g they should direci 10 Counci l and !his seemed 10 be lbe moa expediliou& fashion of doina it He said they apprecia1e Cooncil considori111 !heir roques1 and they look f<Jn\'lld lo seeing Cooncil II 1hr: concerts . Cooncil Maaber Waggoner uked if !he)· have bad any kind of laDdscapc a,chilect lake a look II lhis 10 1dl us wbll kind of bushes and 1n:,s they an: propminc in !here. Mr. Celva rcspood,d 1h11 be -.Id p-ly DOI be proposing any bushes. Mr. Waggoner asked if ii is tNe 1h11 lhey arc lllking about a low growing shrub or some iype. Mr. Celva said p~y some kind al plitz.ers and eilher annuals or permniaJs. He said they can have a landscape ardlitect look II it Mr. Waggoner asked whal is in lben: now? Mr. Celva said he believes lherc is I dwarf honey IOCUSI and butleny, that lhe plan Im lbemsdvcs an: aboul eighteen inches high ,.;1h a railing and lhe exiSling bushes pn,bably grow an additional cighlccn lo 1wen1y-four inches above that Council Member Waggoner asked if he ..ould be satisfied if a bush would be pul in lhere thal would not grow above lhe railing. Mr. Cclva said lhal he would prefer that nothina grow above 1he railing. Mr. Waggoner aid they need 10 know whal iype of bush lha1 is . Mr. Cc lva said be would be happy lo have somebody draw somelhing up . He said he lhoughl the Cily Parks mighl h:r.'e some expertise in l11is, e.g. ease of mainicnance . Council Member Habenichl asked if she understands corrccily 11111 the EDDA is willing 10 pay for the planl material and for a large enough caliber uce 10 have 1ha1 cnno11 be high enough so 1ha1 it ..-ould be a fairly marurcd uce in there. Mr. Ccl,'ll sai~ he is sa)ing tha1 he .....id like 10 see the options examined and delennine ifUtey really wanl a lrCe in lhose planters. He said he is DOI exactly SUR Whal area the lrCe bas for rooting and he is nol sun: whether you ,.;11 get any uce thal's gcing 10 be anything bul ki nd of a unhealthy miniature if there is concl'Cle. Council Member Habenich1 commenled thal she though I ii would be nia: 10 have shade. She asked if the City would have lhe ln:cs lhal an: in then: lo be plaa:d elsewhere in the Cily . Council Member Hathaway said she though! tha1 would probably be up 10 our option as 10 wltcf.her they could be saved or not. Mayor Burns commcnled thal Ute photos seem 10 show thal they obstnlct the stage quite a bi~ especially m,m the back an:a . He asked if 1hen: was any Slaff commenl on lhi s and sai d lhal he n:alizcs tha1 lhis is an unscheduled visilor scclion . Cil)' Manager Clark advised tha1 they \\'CR approached by Mr. Cclva and though! that this could be , po1en1 iall y. a scnsili \'C subject iflbcy were 10 unilalerally go oul and Siar! movin g 1n:c:s around . He s.iid Iha! is why lhey suggest Mr . Celva appear before Council and get a sense of ......... CliJC-8 .,_,.."' .... the Council on lhil. Mr. Om ftlt Council could oppreclatc tllll lfwe amt palling lhna and tRes out bow IOUChy people cau get. Mayor Bums aatcd he thought if they can rq,lac:e it with otbcr awmal tbll -1d ltill be deanlM 111d pl'<'Yide t101DO shade but would allow the view wo ue sedting. tbll he wouJd not haw 111)1 abjoctlon . Council Member Wiggins aa1cd that is the issue he has. That it is a 00ll0tl1 for IOW1d. DO'. oo visually to soc whit is on the staae with the e,aption or IOfflC groups that do perform .-mcnt lit• Ule Poty,,esian poup he saw down there. He said that to most or them it is the l<llllld they ti-to. He 0D1. ,menicd that as he goes ID the ooncau, and WlldlCS the pcople, that they lie not so enpomd in Mtching :lie mcmben play as they 11e in hearing the mll&ic, looking lnJWld and eqjoying die immediate ICCDCl )' around. H< said he did not soc any pn,blem . Mr. Wiggins noted tha1 another tlling he acts I kick out oi' is that it draws I lot ofbandicappcd peaple to the !'ton~ they 111'1 down there pral,ll,ly • balfhourbeforc the program ever begins and they hive IClrl'cd up the whole frolll 1n11 with their dllirs and they are not Englewood rcsidenl1. they arc bused in here from various home care peaple I good pan of the time. Mr. Cclva noted that the pidurcs sh..-w that while the experience 1111)' not ~Uy be viewed as 1 visual cxpcricnc:c, that peaple do not 5CII themselves behind the planters. '11111 you wi ll find people leaning against the railing bock by the pond, but you don't find an IWllll lot <I chairs behind planters where then: view is obstructed. He sai d for some reason they want to soc the)· lllge. Council Member Wiggins said to a degn:c, but lhat one of the reasons is. that is where the SCUDd equip ment is and sometimes it is so loud you \\ut to get away and get badt away from it. Mr. Wiggins Slated that he "oold be a little less inclined to take lll)thing out of there . Ma,-or Bums said that he tends to ag,ec ,.;,h Mr. Celva that he thinks that people do so to soc the • performance. Howeve r. he asked. If they do thi s. oould they l'CIIIO\'C and rq,laa: II the same time so people would not be upset if there is an empty planter there for I oouple wcdts. Mr. Cclva said absolutely. Council Member Hathaway advised that one of the other things that has always presented a problem Is what was called the "center Sllge area" at the time the Plaza was dedicated. She said that was originally supposed 10 have been for performances. that it is the bigger area that has the Oat ooncrcte piece in the middle that docsn '1 get used for hardly anything . Ms. Hathaway asked if there was any poss,'b il ity, if we arc indeed going to clcinge the planters and whatever. of looking 11 perhaps taking that out and either making a smaller planter ,.;u, the same type of trees or whnlO\'Cr. She said it is just kind of in the middle of no where doing nothing in the middle or the Plaia. Mr. Ce Iva noted that ii was designed to be a stage. but it is 100 small to be a stage. Ms. Hathaway said it was designed 10 be a sugc but ii has never been abl e to be used . She sai d she thought the only time they had O\'C r used it was when they did the one Christmas program and tls11 w...s because tltcy bad the tree set up on ii. Mr. Cclva said )'CS. Council Member Hathaway stated that she feels that when they do this that they need to cvalunle the who le thing. because that could be seating space and it is not. Mr. Cclva said he would be more than happy to have a landscape architect do some suggested plant;ngs. Mayor Bums asked about the location of the area Council Member Hath.iway was talking abou t. She pointed it out to him and noted that it has very seldom been used for anything and kids crawl up and down on it during the ooncens and stuff like that. Bui she pointed out that that is an ideal sitting space because it is immediately back from the stage area . Mnyor Bums said thlll he thinks that is another issue . • ........ CIIJC-8 .... ,. .. ... , C--1MalilerHadlawaysaidtbatwllllDilllYiaalbllifEDDAllwilliq1>bll-o!the.- for -ol !Ma lhcy ml&bl be Ible 10 look IIIIO it Mayor Burns said 1101 -, ... all of IL Mr. CdVI lllled tbat bcf= lhcy wiunlocr EDDA for tho -of all of It lbll lie~ oenainty be i.....-ia Olldlng out the cost olrq,llciq tllll ..,..,.._ Mayorlluml said caulnty. City Maqor Clark DIiied tbat Mr. Cclva bad llid 11111 EDDA -,Id pn,vide a i&DtlDpe &lthit<Ct also. Mr. Cdva Aid 1h11 if that is Council's tlaire to IMrYc IOIIIClhing drawn up by a llndlcapc ardlitcc1, instad ol IOllltbody from the Parb jUII planaiq by tho -of their pantl, lbll be -,Id be happy to do ... Mayor Blum commcnled 1h11 Mr. Cdva is filliia& for a Unlc bdp from Parb 111d Recreation bcrc, bu t if this is w11a1 EDDA would like he uked if tboy bad di.....i wbo mi&bl 111k about wbat plantinp could be put ia 11m and who could 111pply the expertise? City Manager Clark said wbat be -,Id like to do is discus tllis II ltalf ..-ing. that he is kind ol inclined to gct a landscape archiaca. _,. who kncn,~ all tho specifies of u.cs and could provide us same le\-.1 of usuranoe lhal lhcy -,Id 1101 become an abstnlaion liOlllCWbc:te down the line. Council Member Waggoner commenlal thal tboy know wbat the P1""1h p111U1U are and how hiJi)l they sr-111d how fast . Council Member Hathaway said not 10 ..-ion tbc that we need one fn>m tl>e llandpoinl or lllli-..nc:t because EDDA is only olreriq to fool c COit of the materials lhemsdvcs and 1101 the labor in..-ol..-al or the ongoing labor iawlved. Sbe llllcd lllat she thinks that lhcy should act som<lhin& tlw is fairly low ninteoancc also. so that lhcy are DOI bunlcning the Puts ltalfbcatusc we put in other Sllllf. • Mayor Burns said that h< reels \\-C need the expertise. • City ~ Clark commenled that lhat is I high visibilily area .. I landscape &lthitcct might be able ID thillk of 101DC species or applications thal pcrllaps we would not think of in-house. Ma)-or Bums said he tl1 inks ii is imponant 10 know how you can remo..-e and r,place at the same time . Couocil Member Waggoner noted !here are some u.cs thal grow as Mr. Cdva said wilh a Siem and then the c:aDOpY and some thal grow the other way and \\-C need ID know which one is which and how high lhcy grow. t.tr. Cdva commented that they also need to know rhc suitabilily or the locatioo itsdfror a tree . Council Member Halhaway noted lhat the laSI lhing you want to do is take out all those brick pavcrs v.i lh roocs from tree$, have them go d0\\11 and mo,-c C\-Cl)1hing up. t.1a)w Bums said yes. that you might put sorne u.cs in there tha : lhc root struc1Ure \\oold not worlt in that coofin<d spoa:. Council Member Hathaway commcnled 1h11 now it is in lhc stairs bands and Mr. Celva will get an arthi!Cd. Mr. Cclva said tl1cy will be happy lo and present • pl•,> to Council sometime in lhc next a,uplc oh -.cl<s. Mayor Bums said that if they get an arthilCCt Co-. l will ,.. if lhcy can help lhcm ou,. (d) Karen Floyd, Pr-csi11,;,1 or the Ena)C\,1>0d Jun ior Chamber of Commen:e. advised that Milch Waldman ca lled her two \\-CCU ago 10 lell her IIL,1 Engle\\OOO \\"!IS having a filC\\orks festival thi s i-car. She 11a1cd that he offered the Englc"1>0d Jay=s a I ti cn if lhey wanted to do a boolh or a . carnival l)J>C anraction . Ms. Floyd said she took ii before 1hr &,rd a nd tltey said yes. that they dcfinitcl i• .......... C'IIJc-1 .,_,. I"' Pqell WIJII 10 act oul In die c:ommunily. She aid Ille his been lnlbnned 1h11 h bas been llldklaa ...... tbore II I fireworks fl:IIMI 11111 die Enatn,,od J.,... boll I dunk lanlt, MJ. Floyd lllled &be .. ...,,. forwlnl IO RqUCII Council's lllilllJICC with Ibis. Sbc a,bd for lhclr pollicipllioa in die dunk 1111k few 1 15 minulc time slot on die fourtll of July. MJ. Floyd advised 1h11 half oflhc proceeds rn.n lhls will be donaled bock lo die Cily IO IISist with die 11,-b fest!Yll ncx1 ya,, Council Member Hathlwly nOled lhal she has llrcady pul I mcmgc OIi Milch Wlklman's -=lune u he left her I message. She llid &be Ii aura Iha( by July •• then: OUpl to be I lot of people wbo would PIY money 10 dunk her. She aid she will be Ille 11111 one lo lip up and 111■1 she will doh gladly. She advised lhat lhc has done ii before and will do ii ■pin. She uked Ms. Floyd 10 sip her up for die times she docs nol get people for . Ms. ll■lhagy med thal she has r■iscd money few EnaJcwaad fOCllball lClm, Cops 'N Kids and had Tom Munds, die former Cily Manager and dill'Cfflll c■mpaign sta11i:n in one of !hose dunk Wlks. She invi1ed Council IO IJy it u she aid ii iJ DOI M bad as they lhink. (c) John Vogt. 3175 South Yori, Street, staled that much to his chagrin ho disc,awercd 1ti1 weekend 1hat the house across the stn:ct. 3168 Soulh York Strcct, .,,.. sold to a party who WIS png to pul in lnOlhcr nursing home or assisted living. He said they have one I balf a blocl: IWI)' and thal be lhinks the dcnsily of die IWO .,;1hin I balf a bloclt of c■c h IDOi her will c:ontn1Jutc to boavicr tnlllc. Th<ro an: a lot of lilUc childltn on their stroct and be fcd5 it will lower the Ylluc OI lllelr pn,patics. Mr. Vogt maintained thal lhcy will be known IS I nursing home ..... He Ilia lie hat !'.llked IO Council Member Waggoner ard Ciiy Altorncy Brotzman -lhi• and Mr. Wagoner had Hamid Stitt call him badt. Mr. Stitt called him baclt and told him that ~ \\'IS DOlhing he could do ■bout i~ thal it bas al' c■dy been signed by the Council and it is going 10 whcrncr it needs to go to be liocnscd. Mr. Vogt said he WIS just \\Ondcring how lhcy can allow us 10 ha\'c one when lhey ha\'c I a>dc situation tha1 should apply to a close neighborhood like that. • Mayor Bums advised that the City AllOnlC)' has this later on the agenda 10 speak lo , bul lie asked City Anorncy Brolzman if he warned 10 speak to the issue now'I Mr. Brotzman staled that if Counal wanted to mo\'C lhal forward on the agenda he would be happy to addlOS5 it. Council Member Hathaway suggested 1hat Council move tha1 forward at Ciry Allorncy Brotzman', request . She noted thal it is not published on the agenda because they were going to discuss ii in Study Session . Mayor Bums advised that they didn 't get 10 ii in Sludy Session because they ran OYCr, but Ci ty Altomcy Bro1zman said he would addlOS5 the issue during 1he Council Meeting. City Altomey Brolzman staled thal !hero is I request from Council Member Waggoner 10 further pursue lhis . Al so, he said he has talked lo Mr. Vogt aboul U1is . Mr. Bro1zman explained rhat group homes arc somewhal unique. He noled we st aned lo get inlo this about throe ycan ago when we got the first group home and went in10 an area and basi call)' said 1his is single famil y and )'OU can 'I move in thcro. Mr. Brotzman stated thal whal they learned is yes Ibey can because the Federal Fair Housing Act pl'C-<Omps our wning in this area . He advised thal we can tighten up our wning some. we can worlt on housing and building code regulations. bul he staled.. in all honesty , lhal will nOI stop this group home. He said lhis is a true group home lhat the Federal Lcgislatlon puts in our wning and is one of1hc problems of the Federal Fair Housing Act . Cil)• AIIOnlC)' Brotzman commcnled thal "-hat they looted~ and thought was real unique al the lime. was this war. a business in a single family selling. you can 'l do thal What they learned is lhat we arc nol real unique in our 1hinking and we have been bcalcn to the punch. because other cities ha\'c lried lha1 and lost . He said they looted al sing le fan;ily housing R-1-A being our most 'CSlric1ivc, housing should be scp.,ra1e and apan , and lhe answer was other cilies have tried lhis and lh-'V lost He noted that we can lighten 1hings up. lhcro is some new case law. basically the pendulum had · gone 10 prolcct group homes at any cost . He soid lhat now lhe pendulum is beginning 10 go back lhe oU1cr way. He S1 atcd it was allowing real cstalc dc\'c lopcrs to ba sicall y move apanmcnt complc.xes into single • • • ...,_ua11111adlcapped.-rywoya..Sllllk::lllJflrialiaal•a~pc111>11.,youcould pu1 .....-.111 linale luaily ...._ Mr. VOii llid ... ii MIii ii llappcaiDc bClw. Mr. Bl'IIWIWI llid 1h11 ii rip! and 1h11 pendalam Is becllllWII IO ., the adler Ml' bul DOI very fir. He llid wlllt you bave io -is the enfon:cmcn1 on lhi, 11 three IOld , -i. 11111 ~ ror the poup llome, acond la HUD 11cp1 In, lhird 11 the Depanmcnl al Jlllllco 11q, 1 In on you. He llid Deover had a code Iba! is very llimilar IO-' ud lhal .uon 11 no lonpr in their r.llle. He 111d dial 11 bocala thcy...,,. IO Dillrict r.ou11 and lolt, dlcy did not punue ii lo an 111PCll81e Cl WI and II -IWIY-He advilOd WC can-" on OW1 but ii Is Flaa to be-or the areu 1h11 Is very, very dlfflc:ult 1h11 we 11-. aolna to have lpplVICh. He explalned dial -.., aoi•a 10 have 10 ..,,,._h lhi1 very c:amully ill Ille tu111n. llecaulc. be advisod, If you i-one aftbcse)'CIU hive to pay all ofthe<OII ollh:ee lllOmC)'I, Ille Depanmcnl a( llllticc, HUD and lhcir prival , attorney . He aid be is not aying"" can't-'< I• lhi•...., bul wc hive to be very cardl&I when we 10 fon,wd. CouDdl Member Haben!chl Sllled lhal City Allomcy e,-., bu lndicatod lhll lllac have been a ...-al coaununitica who Ila\-. f011p1 lhla kind al thiac ..S lolt. She ukod Mr. llnltt.man if there bave ...,._ any communities who ha-< fouabt lllil kind aflllilla ud won? Mr. BIOIZJDID rapondod that the only.-is a ...... one and lhal IUICIII -is DOI~ you can prohibit poup brADCS fn,m liQ&lc family, -Ibey do IIY is lhal SIIUClur&lly yaa can malic llocm 111)1 in a siJlak family dwclllllg. He aid ii is his -..iing lhal they arc not modifying lhc -ia lhil ..... llnlc:IUlally. Olhcr than IO bring ii up lo the building code. Mr. Vogt c:ommenlod that we .. 'I know lbal. City Attorney .. lod lbal Slall' is womna to nake sun, the buildin& code i11UC1 arc bcilc •n care al., the people ia lhc house arc protttted. Meaning. he said. that they hive lo c:omo up IO file Slandank. they hive to :..ve epss "indows in lhc house. Thooc things arc bein& taken care of boal-he nocod, lhc ollicf building inspector has issued an order on lhis houac add=ing thooc things. He mlod you can't change ltnlCIUrllly. bul Ibey arc not in lhla case, ., wc can addrcs lhooc issues., you keep a single family house 011 Ibo 0011Sidc. but you have five individuals who arc wudalod roocivina bcallh care in lhc home. Mr. VCJII Sllled that tllcn: arc eight people goins into this homo. Mr. BIIIIZmlll llid ii may or may DOI be a goad idea, bul the other thing they can do is you can ralrict lhc number al people in lhc bouae, the number olbodrooms. square footage 10 the people . He c,q,Wnod that wbal that docs though. is when you n:suict 10 square footage per person. yes you lcm:n the • ...., of people in lhc t.i.a. but you also impact R-1-A more because tloc largcsl houses arc in R-1-A and yaa get more group homes tryins 10 move into R- I-A. He commcntod lhal ii can be a calch-22 on that. Cooncil Mclt'ber Waggoner statod 1ha1 he has askod City Attorney Brotzman 10 11"1 him copies of the legislation 1ha1 allov.s sroup homes in R-1-A . He commcnlod lhal he k"°"' ii doesn 't comply wilh our R-1-A zones. bul loc feels Ibey shoul d know cxadly what l1ocy arc facins. Mr. Waggoner askod that he also send John Vogt a copy of those n:gula1ions so at least die DCiBhbors ia that area arc aware of the regulations 1ha1 Ibey do have lo go tllfough and the requirements and definitions that define that as a group home. He said he 1hims "-. have In look very close at those and at lcast Uy 10 structure our zoning ordinance, 10 where we don't gel a proliferation of lbesc in the R-1-A zones. Mr. Vogt asked if l11en: is some kind of regulation about putting them ID close log,lhcr? Mayor Bums said he "'>IS going 10 ask the City Anomey about 11111 •imsclf. City Attorney Brotzman said that Denver docs address lhal. Council Member Hathaway asltod if,. .. did in our,. Mr. ~rotzman advised 1ha1 we don 't in ours currently . He said it's one of those things Iha• do you want them together or do you want them aparl . He said he will ""rlt wilh Planning and Zonin1 : on ii if Ibey want 10 space them out in the City. Mr. Vogt commented 1~.a1 tloc closer you llrC going IO put lh,m in an area, the less the propcnics surrounding it arc going to be wonh . City Allomcy Bro121,1an advised 1ha1 the question is do you want them clustered together or do you want them distanced. He said lls11 is really a plann ing question. Mr. ~CIIJC-8 lueJ,19" ,-.n VOii llld dial if they Wllll 10 put lhem...., they should baUd diem 1111 In oao -and italllo ii mlber than dn,pping lhcm heft lbeno flld """fY oilier place. He llld a,ocillly III lhlll c:lc. al~-Mr. BRIIZIIIIII--" that that II one of the iaa 11111 Zoaina II ....... be MJIUDI wilh .. 00, IO - thole iaucs al what i1 the best way to CODOqllUllly follow 11111. Council Member Habcnlcbt said that the quatloa """"" to her mind. II it poaiblc IO mac u -for a group home within a comm1111ity and take CIR of 1h11 situation . City Auomcy Bmlzmu aaid t.bal Ille next 11,P 11 dcftnltionally what is a .,.,.p home. He llld I .,.,.p home rally .-II to lie ddinatl in our code u we are dealing with a very old code olld be thll .. we can be a lat _,, caidul oo wllal is a poup home and what isn't He llld we have a very, very brood ddinitioa on wllal is a -bome ud ii is probably too brnad. It allows cenain iaucs 11111,... don't bave to allow ialo linglc falllily-simply because of our definition. He stated that that is onc thing that ,.,. do IIIIOd to COffllCl Mr. Voll asked if thele p,ople have already beea pvea a license to -In? City Aaomcy Bnitzmao advised they br.-e fflCCived mning. He poiMCd out that cenain ~ are c:laaifi<d u poup homes, certain people aren't and you have two. dlal fflCCived a n,zoning lhal came up, that does not come before Council. He noted that those an, not dcscribcd as gro11p homes ddlnitionally and the people tbemsol,,.. said this is not a group home, those an, higher CIR facilitica. Mr. 8nJlzman advised that bis olrtoe and zoning looked at these. and zoning ,.;11 collfinuaUy go bock to the people. 1G make swc its a poup llomc, not a ca facility . Mr. Vogt said he docs OCI k!<lW what the diff'=-z ~ be there. Mr. Brotzman statod that the bani pan is that .-.-en i.f you 1-ACI the lcgillatioa yoa bave to go be)'Ond tlie lqislatioo and stan noading the cue law. He said tl111 is """Y I bey are loolcin~ II IIIIIIC ofthele cue by caoe and thc next step is. we arc going 10 have to define tha;t •ery, very tightly ,.i,en we modify this apin. Council Member Waggoner asked what has beea approYcd on this ., far'1 City Anomey Brauman said • that the one that Mr. Vogt is talking about did not have to gel a zoning approval . Mr. Waggoner Slllcd then this one docs not have anything that has boen approved by the City so far . Mr. Brotzman said that it has been at a staff level saying you arc a group home our mning caa 't prohibit you. Mayor Bums s:ud then, in other ,.-on15 _ it is not a ,i1uation where the City says,.. pve )'OU a liceasc or nozoning c.: wha1.-...r. He said it is simply a situation "'here it does not violate thc law. City Attorney Brot unan said it is nol a conditional use. Council Meml>cr Waggoner said then we haven't given them an~ roally. City Attorney Brotzman a<hiscd II.ii we ha,-c told thcm that we can't prohibit you from being thcno. Council Member Hallul"~Y asked if then, is any way to construct this particular section oftl,e zoning code, talcing into account the case law . To make ii similar to what we are trying to do ,-ith the PUD process, whctt then: has 10 be a n:quinod hearing ofthc neighbon oCthc general vicinity . City Attorney Brownan said no . Ms. Hathaway said then then: is not a way that you can do lhol legally . Mr. Brouman pointed out that that is the cxaCI thing that has to be prohibited. He said they should nomembcr that thi s ore is based on discriminat ion and what you an, lllking about is lundicappcd individuals. That the desc ription ofwha1 is handicapped is ,-cry. ,-.ry difficult because what the) h.ivc taken is ADA language which does not have anything 10 do with this . He said they have used the n:asonablc accol11ll)Odation 1cnns under IDA and a handicapped can basically be anything you can think of 111:11 can be a handicap. Mr . Brotzman commented that the lmpae1 of this federal legislation , when it throws out our zoning. is so amazing and it has been applied so broadly so far, saying that that is a handicap and your U>ning docs not apply to it. He said what .. ,. can do is do very. very fine dcfiniti, M through thc case law of what has gone befono us saJfog that is a handicap , th,s isn 't. He advised that yo-.. r.an't make structural type issues and that is wl.i1 \\'C mll be looking at. He said that the problem in this case is C\'Cn if\\'C did all that to this house. the federal legislation is probabl y goi ng 10 mandate that \\'Callow a group home in that location . Mr. Vogt commented that that is kind of like an unfunded rr.andatc. Mr. Brotzman said right. Mr. Vogt sai d they tell somebody to do ii and then, Is nothing you can do about ii Mayor Bums said that is right. Mr. Brolzman advised that thi s is going to be an on -going project that we arc going 10 keep woridng on . • ·• • • Mt. v,,.,_ ....,.1111111 hollle 1, &oina 10 be lllowod io 1a11e p!Ke . City Anaraoy ~ 111d we -·1 11<,p ii. o.cil Member Wauone, uked irwe kMw ror 11111 tbal It,_ all Ibo ddlaidoll ma paup bomo. Mr.lllmmallidlUll'isllill-tuaaoatbalbol:aulc-.-llludilboaim••paup,11111 tbal doelll'I -tbal QD'l c:han .. to -W,.. ellc Iller. Mt. Wegoacr IIUd II you doa 't ba\'C 10 ■r4"'M" ii if it does DOI,_ Ille ,pocillc .....-, oC a llllUp ..,_, rip& clowD IO Ille T. Mt. Brotzmlll lllid tbal Is riat,t and advilod tbal lllff w'J I pl him I ........ OD t.bal issue. Mt. Voa, asked what ii to be addrmed about the proxlmi!y of too two dill'CRIII boaa wilbia a balfbloc:k oCeacb ollla7 Mt. Brotzman llid that ria)lt DOI we don'1 ba\'C lll)'UUIII t.bal cloa tbaL Mr. VDSI polntod OUI tbal this other homo is only I half I block away liom thls one. Mt. Brocmaa Ilic! rip& but .... doe 'I t.n-c u,ythlna prohibiUna that . Mr. v~ uked thal lltha1 can be addl'CIIOd by 111c Council 11111 adopted pn,blbly? Mayor Bums responded that a~ o(~ issue an: 10 be included in the review and rmucb that the Cily A11or11<y ii goin& 10 do with lllff. Mr. Vap said but the boric ii out oC the barn a1ff8dy it Is 100 Ille. Mayor Bums llllcd that .... have to IM with Ille 'Ml)' the law ud ordiaaDCel are riabt -wbicb ii what Ille City Anomey is 1clling us . Council Member w...-, said t.bal ii II they ,_ the all or the dcfioitiofts. Ci!y Allomcy BrclZIDln and Mr,'OI' Bums 0IIDCllrnd that they llliJ have lo -tho dcfinilioas. Mr. Vogt askcd iflbat bas MIJPCIIOd. Mt. Vogt wa _,,,!led by Cwncll and Ille Ci!y Attomcy lbal that is still on-goin&-Mr. Vogt all<cd whel1 that will be rc,oh'Cd. MIIIIF Bob Simpson advised t.bal they ba\'C been L'lkina I loot II ii and they bdicvc the ddlnitiOD 1w ..... CGllblishcd. Ho..-e,-cr. h< DOlcd U101 they will gi\'C it additional micw and prepare a se o(fllldiap -what that infonnation UIO\\~ before ii comes to Council for their considr.1111ion. Mr. Vogt said that his point it that in the meantime they are allowed 10 ""'" in ud start this whole process p,iag. Mayor Burns stated 1h11 they do not ha,-. an immodiale ....,..., fo, him,.,..., thou&h be ,.;shes they did. Mr. Vagt askcd llthey thinks ii ii fair'? Scvml Council M:mbcrs said no . Mr. Vogt asked wbat is fair aboul this liberal goveran,ent in Washingtoo. tbal 1h11 is Ille whole problem. Mayor Bums noccd tbl ii is DOI the administnttion in Washington. 1h11 ii is Ille 5-me Court. He said Cow,,:i l appm:iates his problem and noled that Mr. Vogt had phone him and be talked to bis ,me and left him a IIICSSIF and that stall'is looking into it. He staled he would like to ha\-c a,_,, immcdiolc aaswcr and ':c)• do DOI U•J::. ;! is fair . He n:ilcntted that they just ha\'C ID lcS the City Auomcy and lllff do their worlt a<d a,mc :»-.:k 10 C"'ncil to sec what they can do about it Mayor Bwns said th,/ they will ltoq, "1r. Vogt inform..'<!. 1h11 he is perfectly free 10 c:ommunicatc ,.;th us all aloq. Mr. Vogt said be appreciated that. Mayor Burr.s sai d they will lry to help him ifUIC)I can . (I) Owen Beaver. 3 148 South York Stmc1, he said be liv,s two houses down f,om this house He stated that this house has a basemen! wi th a spiral staircase a'ld that is the only way 001 of the basement. He said if you arc talking about a low cgn:ss window they ""'1ld ha,-c 10 be put in bcfon: those people mo\'e in . He staled he has II real cona:rn if they a,e still mobile and yoo ha\'c I fin: then: or any kind ora problem how 1hcy an: going to get oul until you gel lhosc low egress wind<m~ in. He advi:.cd U.at the avenge low cgn:ss window is abou, $4,000 because he has already looked in10 for his own safC!y . Mr. Beaver said if this house is n:ady 10 move in be does not think it is. He said i: has plenty of bathrooms. He said he mO\'Cd int o this neighborhood lo gel away from HUD telling !um that they ha\'C 10 lurn this boosc in 10 help 001 the poor. He staled he knows how the system works ar.d now he has moved into a heller neighborhood and lhc system is already lhrown right back in his face. Mr. Bca,-cr stated he used 10 Ii,-. in a ncighbor~ood ofS90.000 homes. HUD comes in and say we an: going to buy that house and lorn in to U1e poor. Bel . he said they didn 't go over 10 Monaco and buy up a $200,000 house because those ncighboll would raise ·,ell . He sai d that he is a neighbor that is raising hdl oow. U.a1 he kno"~ yo u can ·1 stop the federal government. but they stopped an assisted can: Uving on Danmoolh and South University. He said zoning stopped it and then it came right do"1111 on his street and there is nothing that can be done aboul ii. Mr. Beaver said thal aln:ady the people an: moving m and 001. they arc drivi ng up and down the street . one kid can ·1 deci de on what side of the street to park his car on . He said th ey broupl Ill roar clop and he....., 'MIil the code for clop ii Ill die Cil)' o/Eapwood. s-.... aid -- Mr. BaMr llid two and atr...ty they are violallac 111a1. He llid lhc clop-Pd.,, they llllle a poc and they leaYO. He llid he II ll)'iac lhal lhil '-really a.ls lo be loobd M, ii h llfe for IOYOII or dpt poople 10 be livina In 111 calllin time. Ho lllled Iba! he u-next IO Porllr Holpilal ud l'IJna" Place and the Denver Fin: Depanmcnl roll s In !hen, lix or dpt llmea a IMGlh ........ ol bai, dryas being left on. smolte clelccton going otr or.._..,. being lllcn 10 long. He aid all ol a lUdden lhil ii going 10 swt rolling down right DCXI 10 him . He lillled that he was for the usilled care living right up on Dartmouth, that he didn 'I MIii iha! big monster they waotod to build bul he -willlft& lo II)' that if Ibey coold come down and llOI impact lhc people to lhc ""'1h becausc 11-c need aullled care living. He aid he is pan ol"lhc baby boom and he iJ getting old II lhc age or 49 . He llid lhl s iJ lhc biggest house in bis whole ncighbomood and he just doesn 't k,-if they can get all lhc stuff done Wore the people PIIIYC In then they will just ha\-c 10 live with ii. He aid bis only pn,blan is that once dlis houac i1 adjusted to assisted care living that ii can nc:vcr go back to a priwle family . City Attoraey BIOIZmlJI llid it can go back, but Ibo practic:al alJCCI all-er ii has bccfl rccnginocnld Is probably less. Mr . Beaver aid maybe thcrc is noc that much rccnginccring 10 do . probably a ramp up in front. He said !hey do ha,-c a large slope. ac ramp ,-;11 probably ha,-c to go 0\-cr to the driYC1'-ay. He said it is still a pl"Cll)" aeq, dri vtway and ifycu put your ,-dude there it has to be in gear and you have to put your bnke on. Cnnocqucntly, he said. he docs noc know what that ramp is going to look like once lhc City gets out thcrc and says tbc n1111p has 10 now south or nonh . He said that is his problem. once ii is CSllblished and all the changes have been made. the)• ,.;u ha,-c to 11\-c \\i th it. Mayor Bums said he understands that basic code a,mpliancc has to be done hero. Mr. Bn>ll'.11'.an concurred. Mr. Bums said the City is going to monitor most oC it. Mr. Beaver askod if Ji pcnon is mlling to pay this kind of money? Council Member Hatha"11)' said apparently ., if thr.y think Ibey can •· do it. they bouaht the house lo b:gin with so they had to have a little bit ol IIIDIIC)'. Mr. Beaver said be • knows that but are they talking about two low cposs \\indoM, one In the back and 0IIC ia the front. Ma)-or Bums said that they can 't answer those qucslions hero at this Council -ng. Mr. Beaver said he is just SB)ing !hat that is what is being brought up. you are saying there is zoning t nd thcrc is nolhing we ;:an do. and he said he is saying nit a minute if you have to put in lWll wincloM. Mayor Bums noted !hat his points an: perfectly ,-alid and there must be code compliance \>ith a facility llke th is. Mr. Baver asked if they \\ill hear about Ibis again down the road fron the gen1leman in the alMlicncc . (Clcrlt 's IIOIC: He was rdcrring to Man.igcr Simpson .( Mayor Bums said lhal we have code a,mpli ancc officers also. City Attorney Brotzman said that is octually Building and Safety. 8. Communica1i011'1 Proclamations and Appointments COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO ACCEPT I (a) AND (b) FOR INFORMATIONAL PU F POSES ONLY. (3) Notification of the Planning and Zoning Commission 's actions regarding a rezoning request in the 3000 bl ock of South University Boulevard . (b) Notifi::ition of the Planning and Z.Oning Commission's actions rogarding an assisted living facil ity pl anned dc\-clopmcnt in Hampden Hills . Vote results: A)-cs: Nays : Absent: Motion carried . Council Members Hathaway, Wiggins, Habenicht. Waggoner, Clapp. Bums None Council Member Vom,iltag • • • • ....... Olyc-11 .... ,. .. ... ,s 9. PIIIIHt J1ariaa No public bearing -scbodulcd before CouncU . 10. c-■1 Alll'N• COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS Sl:CONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I) and (II) ON FIRST READ\l'I G. (a) Appn,,-e on First Reading (i) CONTIV.CT Willi MARTIN Ai,JD WOOD FOR AN ENGINEERINO ANALYSIS OF ENGLEWOOD 'S WATER SUPPLIE:i AND DEMAND IN 11{E AMOUNT OF SJS,000 . (ii) COUNCIL BILL NO. JO. INTRODUCED BY COUNCIL MEMBER HAlllAWAY A BllJ. FOR AN ORDINANCE AlJlllORIZING AN INTERGOVERNMENTAL LICENSE AGREEMENT Bf:IWEEN 11{E ARAPAHOE COUNTY llOARD OF COUNTY COMMISSIONERS AND nm CITY OF ENGLEWOOD, COLORADO PERTAINING TO ARAPAHOE COUNTY Q\OSS IN G CITY DITCH WITH FIBER OPTIC CABLE IN CONDUIT . VOit ..._.,..tu: Nays: Abscnl : Motion carried. Council Mcmbcn Ha1haway, Wiggins, Habcnich~ Waggoner, Clapp, Bums None Counci l Member Vonninag COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECON DED , TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I) and (ii) ON SECOND READING . (b) Appro\'c on Second ding (i) ORDINANCE NO. 24 , SERIES OF 1996 (COUNCIL BllJ. NO . 19, 11'71\0DUCED BY COUNCIL MEMBER HATHAWAY) AN ORDINANCE REPEALING TITLE 16, CHAPTER 4. SEcnON 15. ENTITLED PLANNED DEVELOPMENT DISTRICT OF THE ENGLEWOOD MUNICIPAL CODE 1985 AND ENACTING A NEW TITLE 16. CHAPTER 4. SECTION IS . ENTITLED PLANNED UNIT DEVELOPMENT ZONE DISTRICT. (ii) ORDINANCE NO . 25 , SERIES OF 1996 (COUNCIL BILL NO. 28 , INTRODUCED BY COUNC IL MEMBER CLAPP) AN ORDINANC.E ESTABLISHING A TEMPORARY SUSPENSION OR MORATORIUM OF CERT AJN MISCELLANEOUS BUSINESS LICENSES FOR A PERIOD OF SIX MOt-mlS . Ayes : Nay,: Abstain : Absent: Motion canied. Council Membal Hathaway, Wlgins, Wa :goner, Clapp, Bums Nam Council Member Habenicht Council Member Vonninag 11 . Onlinante1, Rtaolutiolo1 ud Medon• (a) Approve on Finl Reading (i) Mayor Bums staled. u Chairman of the Englewood Housing Authorily, 1h11 he would abstain from any disamioo "','CJlina on~ Item 11 (a)(i). He -1h11 Mayor Pro Tern Habenicht take over during this dilCU'r.ioll. Extcutive Dira:1or Malinowski pn:smlccl a ra::ommcndation from the Englewood HousiJlg Au1horit , 10 applO\'C, bY motion , an CX1ension of the Option Agn:emcnl for I.he Sherman StRCt properties. 3400 , 3410 , 3420 , 3424 and 3428 Soolll Shcrmaa SUa:t . He explained lllal their cxtcnsioo .-'Mr.h Ille ,city ~ today. He said I.hey would like 10 rcq.-an extension of I.he cxtensioo .-10 •,:low some Klditiooal time 10 &ct some mon: Doighborbood input. Mr. Malinowski SIited 11111 thcy had ,.,. ~ng a couple of weeks ago and they ,.oold like lo do a follow-up . He noted thal I.hey 111\-e not even dccidod among the Housing Authority exactly ,.-bat usage they ,out to do . They m collcaiag ruident input and ,.;11 meet -..i1h the same group in about rav monlhs. He explained 1h11 lllis ,.oold allow some additional time to pul • qualily development plan together. Council Member Ha1ha"~Y asked if he """ going to plan on having another meeting? She noled comments from the people panicularly ofOrehard Place,.,.,. U111 they had \'Cry shon notice on I.he one on May 16•. She said some wanted IO attend but had prior commitmen ts e.g. neighborhood watch . l'vlr. Malioowski said lhal lhcy ga,-e.11''01"Cdt notice . Ms. Hathaway noted lhal it was posted only I \\'CCI< bcfo" in the building itself. She said there was a rcques1 for anolller meeti ng and there were some other people from Grant Street 11111 made lllal rcques1 . Mr. Malinowski said yes lllat is •' UK, told the folks and that is why lllcy "vuid like to ha\'C Ille extension 10 do another follow up mr.wa,. M.. <ialllaway said she is no1 r>lki ng about a follow-i!p ITICC'ing but• meeting thal would br. "" · ,.,· I'• ~ mc:,ii ng they had on May t6• 1ha1 asked for input 10 bcgi "ith . not a follow up meeting afl c, ,oo ;,,< d,-wlugs. Mr. Malinowski said iflhcy can have a long enough e>1ension. Ms . Hathaway said that ii., is possible, there \\-erc just ;omc people 1ha1 expressed conccm 11111 they couldn't make ii to the 16 ... Council Member Wiggins said UIBI if ii is important enough to them they \\ill make it to get there . He said he docsn '1 gel too excited abool people 1ha1 say th.)' ha,,. a ,.,..k's notice and U1cy decide lllcy don't want to come because they ha\'c prior commitments. City Manager Clarlt asked about the length oflllc extension . Council Member Hathaway said sh thought it was November 6th • Mr. Malinowski said No\'cmbcr 6•, so a si milar duration extension . Mr. Clark asked if it \\IIS six months the first time. Mr. Malinowski said yes. Council Member Hathaway said L'iat would be into Dcccmbcr and she asked if 1ha1 \\'OUld be a problem . Mr . Malill01'sk i soid he \\'Ould be back No\'ember 6th. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AN EXTENSION OF THE OPTION AGREEMENT FOR PURCHASE OF 3400, 34'10, 3410, 3424 AND 3428 SOUTH SHERMAN STREET FOR A PERIOD OF SIX MONTHS FROM THE OiUGlNAL DATE OF mE END OF THE OPTION. Ayes : Council Members Ha1ha\\11y, Wiggins , Habenicht. Wag1Joner, Clapp •· • • ·• • • .....,...a,c..ca ..... ,. ... ... 17 Nays: Allllaia: Aboenl: None MllyotBulDI Council Member Vonnlttaa (Cieri<'• llOlc : Council Member Vonnln•g rotumed 10 lhe .-ing II 9:03 p.m.J (ii) Rccrcallon Selvices Manqer Mlckdson ~led I recommendation ftom lhe Dcponmenl o(Porlts and lum,atiun 10 approve, by-...., I pn,lasiollll lla\'ica contnc:I for I Ri:cration Facilities Feosit,liry Sludy . She lllled 1h111M doponmeal l1ICCIIIIIIICII 1wonling lhe prnfessiollll scniccs conlr.l'.2 10 BBC Rcsclrc:h and Consulting. Ms. Middson said lhat thi s wlll hopefully provide 1he Ciry •i lh I basis for I master pilnnin& pn,c:css for our facilities Ind for pn>gr1D1S for poople in lhe c:ommuni1y. Cou nci l 'kmber Habcnicbl Slid 1i10• one lhing lhal ooac:em., her is lhat lhete does 1'61 ocem 10 be anythin included -1 msun: area in lhe feasibil ity study . She asked if• nlllln:area such u lhe one 11 Bclle\·ie,,• Parlt can be iachad. She said• number oCneighbors In lhe area ore inlcraud In oeein& it presen-.d and she feds thal including ii in tlle st udy Cln help finn up lhe ..,._,,. ct that neisJ,bort,ood. Ms. Mickelson advised thal she does l10I believe !here is any consideration 11 this point o( distwtiing lhat nalWal area. As pan oClbe fcasioility Sludy in connection 1'ilh lhe fann . for lnslanct u an au1door inlerpretivc CClller in additioo tc; being a fann . which could enhance lhal ..... it could be considered. She said Ibey~ no dcsips oo rq,lacing any kind of nolWal 1n:a. that is why it is not Included in lhe study. The facilities 1pccifically discmscd in lhe Sludy, she aid, ore more of lhe noture of facilities lhat ore in 1 state of disrq>air or then is no longer IOOm, or they ue impocting I ntighborhood. Ms. Mickelson said ii does l10I mean thal things ROI listed in lhe study do 1101 have lhe some impol1l\nae. Counci l Member H henich 1 asked for clarilicalion whether they arc talking abool pu1 ti g a water theme pall< in lha1 nature area. Ms. Mickelson s.ud lhe feas ibility study is 1'ide open. bul she can 1101 imagine pu lti ng in a water Iheme pall< in 1ha1 area . bccall5C ii makes no ,cnse from lhe standpoinl ofpopuillion imp.,a and parlting. Council Member Wiggins said whal he 1hinb they ue getting al is. "ilh South Suburb.in and lhe City looking to buy Home Lumber. lhal ~ould be lhe most obvious localion to put some waler theme if Ibey relocate Sinclair Pool. He asked iflhal would be a possibility. Ms. Mickelso n responded lha r lhcrc •re a 101 of possibil illcs. Centenn ial , ro-. Instance. The reason for doing Uic feas ibility is 10 dc1ennine whal is appropriat e fina ncially and pro1'1ilfflmati cally. Council Member Waggoncr sai~. al one lime there WIS I master plan fioati ng around for lha1 whole back area of BellC\i cw Park. He askt:d iflha1 WIS included in some "~Y-He =~led that it included lhe extension of lhe train. Ms. Mid :el son said ii is Slill on lhe board and wi ll be pan of lhe information lhal lhe people doing lhe siudy ,.;11 ·:• orovided with . ~b, said ii is very IICCC55lr)' that lhe woole parlts pl anning process and recreation planning process W 10:ally 1ogethcr in it.is kind of a si tuation . Parlts and Rec~tion Direct or Black S1a1ed th.it lhe pl:• was t1C\'er form all y adopted . .....,....ai,c.aca .,_,,1"' .... I. Mr. Wagaoner llid that he ~ the in-lino obtin1 and skateboard pllt complex and ,-tied that It had bcell pon ol that plan. Ms. Mlcllela, llid the sltatoboanl c:amplcx WII included bcamlo ii wu on the fl ve year capital plan f'rnm the PIIU ~ and alao f'rnm the luaalion Dcpanmenl wllcn they Mn: separate and it made no ..,... 10 hr.,: two of tbcm. Council Member WaUoncr llid we doa't want to get crouwisc with some extension ot the train If M an: tryin1 IO plan a location. Council Member Hathaway noted that $30,000 nC the fundlng comca f'rnm the Malley Center Trust Fund, which has aln:ady been run thrnugh the Trust Fund Board a few months aao. She said the Board wholeheartedly approves. in fact It was the Malley expansion that drO\,: this to its conclusion toniat,t in that they started looking a few ycan ago 11 what they should do with the land that they 1ot in cxpallSion with Malley and n:al ir.cd that the needs wen: actually l)'llem-wide. Ms. Hathaway said she Is glad we an, finall y doin& this on a comprehensive basis. Council Member Waggoner said. in conjw,ction with Iha~ when UDCDID Avenue was c:onstn..""l<d. J)'Jn ol it was ,.,de and pan of it was nanow. The pwpooe WIS to provide DII0 1)11C ot campus elrect in that an:a . with a tum around on Lincoln. He aslted Ms. Micltelson if she will live them a copy of that pm•ious pro pos.i l. Ms. Mickelso n agn:cd that the previous infonnation is imponan1 to the whole thought process. •· Council Member ILi benicht said tlial al some earlier point in time in the Cily M have looltcd II the f•.asibilily of doin g some son of a natun: center. the Duncan Nal\llC Cmrer, for example. She asltcd if thi s study includes th.11, and e\'cn perhaps looking at the Duncan property . She llid she understands the school diSlrict ii willing to ""rk ,.,th the Cily in terms of utilizing that pn,pcrty possibilily IS a building for gardens . She asked ifit is pan of the Sbldy. Ms. Mlcltelson rcspoodallhat is has al"'l)~been lier feeling and the feeling of SC\'Crlll citiz.ens that she has spoken with that she hates to sec ti>tl moaths a year • facilities, which, she feels, almost seems like a MStc of money. She advisod that if they an: looting 11 someth ing for the farm . it is an absolute natural to rlo a year around natun: intcrpn:ti\'C center. She opined that if. in fact . we "cnt to something like this. and if the propeny allowed that on the WCSI md of Bell evi ew. then C\'Cl)1 hing would fit togc'ber ,cry nicely. but,"" will ha,,: to sec what the lludy brings . She said it is the direction they an: look ing as far IS the fam1 . instead of doing something that u just for t'.\'0 months. Counci l Membe r Haben icht asked if the study is going to look at some other fund ing soun:es. such as the SCFD for the scient ifi c ponion . Ms. Mickelson n:spondcd that. for youth and sen ior programming. and . 10 a ccnain c.\:tcnt. outdoor types of things. there an: ~rants and pri\'atc donations. Coun cil Member Hathaway asked if the study is go ing to addn:ss park usage as MIi. Ms. MickelS<>n said it "'II not addn:ss park usages. per sc. but all the park lands will be looked at by the consulting compan1 in 1cnns of their exi stin g usages and how that fits \\i th future needs. It is not the intent ion , she said . too look at all park usages, but ratlicr 10 look at the \"lri ous facilit ies and how t\'Cl)1hing fits together. Co uncil Member Vonni nag asked if they an: go ing to get any publi c input. Ms. Mickelson responded affi11nat ivcly. Mr. Vonn ittag asked how often they ,.;u meet with them . She said probably a maximum of C\'el)' mo weeks, and possibly mort as it gets closer to the final . She advised that they an: looking at a num be r of ci tiz.e n cx11nmi11ccs and special user groups. She said she mcruiled sume kid s al a skate board park to scn,e on a commill ce . and th e Mall ey Advisory Comminee and Trust Fund Commillee an: in pla ce . Mr . Vormittag asked if Coun cil can request updates as it goes along. Ms . Mickelson n:spondcd affirmati vely. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AUTHORIZE A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND BBC RESEARCH AND • •• • • CONSULTING ,OR A RECREATION FACILl11ES FEASIBILITY SllJDY IN TRI: AMOUNT OFS",'7511. Motion carried. Ayes : Council Memben llalhaway, Vonnittag. W-igias. Habenicht w_.., Clapp, Bums Nays : Noae (b) = were no additional items for approval on second reading. (See Aaa,da Item 10 • Consent Agenda.) 12. CHenl Dl1t11aion (1) Mayor 's Choice I . Mayor Bums reminded thole present or the t •o more public ronuns oonai11g up oa Cinderella City. lie said the next oae is 11 8:00 a.m. on Thurtday 11 the Malley Senior Recreation Center. He said he hopes that there ,.;11 be business people and scnion in attendance. The last bum. be said. will be on June 12, 1!196 at Sinclair Middle School at 7:00 p.m. He encourag<d everyone to Mtcnd and assist with the planning pnx:,css. (b) Council Members' Choice (i) Council Member Hathaway spoke about the Habitat ror Humanity project. a house being built by \\Omen on Hillside A,..,nue in EnaJewood . She said it is gam.,:rin& us a lot of good publ icity, and encoumge;! ""men to ,-olunteer for tbc project , even if it is only• a,uplc of bows of S\\ingi ng nails. She commented that it is an interest ing and fun experience. Ms. Hathaway explained that when you do a Habitat for Humanity house. the o,.n,:r must put in at least 500 hours af"sweat equity" 10 quali fy ror bcr loan. and will, therefor~ learn her house from the ground up. Mayor Bums interjected that ·J~,-' ,.;u be another South Broadway meeting on Wednesday, lune 5, 1996 from 6:00 p.m. to 8:00 p.m. at Clocrrclyn Elementary School. Ms. Hathaway said she understands that the Neighborhood Watch block captains ' meeting on June 6, 1996 at the Malley Center at 7:00 p.m. is also regarding the South Broad,.~y conido<. (ii) Council Member Vom1ittag said many people told him they are not happy ,.;th the meetings held at the high school and St. Louis Church reg.,rding Cinderella City nodevclopment. He said they got the impression that the rcde\..:lopmcnt will be done ; howeve r, the builder w;lllts to do it. He said he told thlCm that the City Council ,.;11 have the final say . Mayor Bums said he doesn 't know how else to get it across. Jhcy had them sitting there "O<l<ing on the pl an itsclr. He sai d he was &lad Mr. Vormittag brought the information back because they need to reemphasize at the meetings that their input is valuable . Mr. Vo nnit tag sai d he basically was told the City was going to build whatever the)' please O\..:r there , anyway, includi ng a bo\\iing alley. which he said he has heard nothing about. .......... Oty<:-a .... 3,1"6 .... 28 Council Member Clapp aigolled limitin1 Si"jp Miller's ,-wlon to leD miautOI, 11 bis udlltec:I S<emS lo monopollu the finl pen o( the moclinp. She lhoupt climlrwi111 the llldc pmonlllloo mlpl help. Ma)'or Bums said he thinks Council nccdl to communicale morc wilh Clarion and Alloc:illel. Counci l Member HaU,a,,-.y said ii mi&hl be eur.r if the II idea were 011 pollCR around the room. She •~ thal the more )'OU show slides. the more ii S<emS to the public 10 be cul in Slone . (ii i) Council Member Wiuins l. He asked Cily Manager Cwt< lo sec i/Englc,,'OOd's signal ligh11 an: coordinated wilh litlleton and Den"-' on Soulh Broadwa y. He said he bu noticed in reccnl weeks that they don 'I seem to he. 2. Mr . Wiggins commen1ed on a nlCfflOlalldum received from Cil)' Manaaer Clarlt on May 30. 1996 reganlir,g :!,e vertlalims of Cil)' Council minules. He said al the bouom of the memo Mr. Clut.s a.sits which budget 10 charge lhc costs 10. Cit)' Manager Clarlt said !hey con go to 1he Finance budact. Ci1y Clcrlt. City Manager, or Ciiy Council . Mr. Wiggins suggested •, f:,-.indl's bu'get. since Ille)' an: Council's ,cquesu. Responding 10 Council Member Ha1hawa)'. he d anfi:d ti.ii ll1is ,1oold he from "'won. Ma)'Or Bums said we have a Sludy Session agenda ilcm Ille)' didn't get 10 on vcrt>atim ,cqucsu. City Manager Clarlt said he was going lo co,.er it under Cil)' Manager's Choice as "~II as the open gn,en • space . 3. Council Member Wiggins poinled DUI an anicle in lhc Roclcy Mountain News on Ma)' JO* describing an EnglC1\'00d fcsti\'11 honoring pioneer Jim Baker. He said lhis is actually in Westminster. (iv) Council Member Vormiuag said he had an addilior.al i1cm 10 discuss. He advised 1ha1 lhe sign al 1he Broadway sou1hbound c.xi l off of westbound Hampden conlains a misspelling oflhe won! "actiwlc." Council Member Ha1haw1)' sai d 1he won! is actual c. Mr. Vormiuag said whichever, 1ha1 ii is spelled wrong. (v) Council Member Clapp po in led oul 1ha1 the addleSS on a pn:vious Council request is incorrect . She said she "'lnted a lighl considered al 4500 Soulh Sherman, not 3500 . (,1) Council Member Waggo ner asked lh.11 lhc group home issue be n:soh'Cd very qui cki)'. He feels"~ need a=~n 10 whal "~ have 10 do 10 look al 111cm closely. and for approval , and wha1 \\'C have to do 10 discourage them . (vii) Council Member Habenichl I. She !hanked Council and the Cil)' for kind c.-prcssions of S)'mpathy al lhc loss of her mother. 2. She said lhal. since she li,.cs so close to Cla)lDn School. principal Frank Hammond sent her a nolc staling 1h.11 lhcy ha\'c talked 10 Chris Kort>a and Bob Slcphcnson aboul cleaning up some graffiti near Ilic school. He said lhc)' ha,~ been \'Cr)' cooperalh-c "i lh him and lhc second grade class will be doing some cie.in up . She sharcd lcnm from second gradcn in Miss Ovcnurfs class. She asked thal lhey be • • • kq,I In doc City Maq,,'1 all'ICC b-..,. a weelr.., Council will bavc lime 10 rad doca SIie aid thcy 111everylbouplfiolldlen. J . Ms . Habcaiclll aated lhat a cill= c:ommcnted to her tbat on the IOUlhcasl..,.., .,Nlv¥> and Oxford whelc doc aiy baa Ille .,... pa11 reac. .,_ the IUtllellvc Will for lbat i--, -o~ Ille privaie compuica lbae ._ u advcnilina bonacr hangina-lbat.,..., railiag. She lllooopl lbat mis)lt no1 be appn,prialc ud wm1llld 10 call II IO Ille auenllon of Code Eal'on:cmerlt . 13 . City Muqu'1 Rcpon (a) City MarlaF CWk alkcd Manager c,(Cornmw,ity Scrvioca BIWll<lllllal ud Chief Building Ot.'icial Mike Still to make a presentation rcpnling Englewood Mimicipal Code Section 15-6-6 IS it pertains to 2110 Soulh Acoma Slnct. He aid lhat lul wed<. after follow up inspoclims II r'>iJ addrcu. it -doadal IO inwb lhc lfclreaid aectioe and doclllc the property I llllila.e aad uninhabillblc. Mr. Clark aid he,. ... advised by City Anomc:y Brauman that. II lcatt ill IIIOdcnl hillory, this IICCtloo c,( the Code has bN:11 llliOd relatively ,paringly and is a very = aclloa 1h11 sllauld be llliOd wilh good d•Jigcnce. He cited the statewide and aational atlCnlion lhat this propony bas dm.11. Manager of Comramity Sesviccs Blumenthal introduced the new Chief Building Ollicial. Michael Stitt. Mr. Blumclllhal litllal lhat he would be showina a twenty to thirty minute video tape ud pbolopaphs or the house. To prd'alx. he advucd 1h11 on Man:h 20, 1996, olr1Cial1 of the Building Deponmcnt went to the Honon houlc and ISkal to go in to do an inspection, but,..... rcfllled e1111y. He aid lloal Mr. Honon aid they -,Id nc<d to obuin a IIOIJ1:b wamnt. which process the Cily immodiatdy bepa. hi Ille mean time. an eis)ltctn month old bab)• was munlm:d there. which. Mr. Blumtlllhal aid. pnMdat tome pictures of the interior of the house. helping the case IS far IS being able to aet a search Wln'IIII. On May 21 • "111fwas able to make coll)' into lhc -· but lhc intent. he said, 'NU no1 to c:looc lhc ..._ II that time prior to going in. Thiny minutes inlo the inspection, '-'ever, there was no way tbq• a,uld possibly let anyone live in the house. At lhat point. rncmbcn oflhc audience were invited to come forward to view lhc video siJICC the screen was 50 small. Mr. Blumenthal explained the video slide show of said propcny, expounding on each pic:nuc and violations found on the propcny. Among many other things, he pointed out lhat vinually "''ClY wall had holes. and the SIIUClurc contained numerous cnicks . The fumaec vent shown was about half full nf debris and the odor was 50 bad in the boux that fan, were necessary to circulate the air. Mr . Blumenthal said he had to take s,:vcn1 brtalts while filming. He rclaled lhat twry door in Llie house had been broken lhrous)I and all door jams,.,. ... split. In the kitchen. lhrcc dead nlClWC can:asscs were found . Tb<! ceiling in the living room had dropped down a full ti.rec inches where a wall had bctn removed, and Ibero,.,.... several areas indicating leaks in the roar. Council Member Habenicht asked the ages or the children in Ibis famil y. Mr . Blumcnlhal said Ibey ranged in age from sixteen or eighteen to about nine. Mr. Blumenthal pointed out 1h11 the Hor1on 's did clean up the house after social servi ces ,....,, throus)I , so Council was ,~cwing it in its .. ck-a n" fitagc . He sai d of panicular imponancc is the hot \\"'Iler heater. which sets at an angle to the nu . due 10 a slanl in the floor . There Vi.11S not way of turning the waler healer off without tools . Mr. Sliu said the main thln& lbc:y.uried lballl-Ille ,_11ngC1111aa ~ .-lhc ... -oil 11 an angle, leaving I pp between lhc openinp. He opined 1h11 there -,Id hive bocn a lat more people injurod in the house from the caJt>on moooxidc if there bad DOI been • many ......_ wiDdows. Mr. Blumenthal advia:d that one o(the main......,. llllrfdl It advillble IO alll die ...e ...... - because the old and new IOCIJons of the 1tr11c:1un: """' llllliag lO pllt. Wbal imaodilldy ......S Ibo lhut down. he said. was the electrical wiring 1h11 pulled out ._. four illCbes Ina Ille lria baonl. wllicll cwld ha,-. oome olT at any time due to dtod Ute limb& and thlnp 1iom lhc bldt yanl that"""' laying up on top of those win:s. Mr . Blumenthal commended the Department of Safely Services, e,pacially Sam w-, for whit he dcscr,!led as an incn:dtl>lejob oflllltint with the liJnily. Coui l<\l Mmlber Waggoner said oae or the -.,tu !JI lhc ,....'l'IPO' asked why ii took us ., long. Mr. Blumenthal said in 1982 the Cily gave lhem I w ,iolalion 111d !hey cleanod ii op ..,.S -c1i 10 get by. In 1985, the same thing occum:d. 'J< sai~. ••"-' i,. 191& lhc lloulin& Alllhorily lc....i ti-...,. $27 ,000 10 1en0\'lle and odd on the two b<drooms 10.i the blllullams. The, --aot lcl..,..... bade in10 the house after 1989 and Mr . Blumenth!II Rid :I has been 111111u1< since then. Mr. W_..r said then for the IISI elO\'Cn year, we ' been givln1 tlcm IIOlict. !hey •'Otlld wot\ .. ii a lilde bit. 111d then we \\'Otlld gi,-. lhctn notice apin, Mr. Blumcrlh>l ,:lid he thlnlu the City did O\'a}lllial lbc:y possibly oould lo help them get ii done. He 11M...S , .... •lien: an, two O<pniz:aiions. die Habitat tor Humanity and a church in Al\lldl that ar,:, asking 11, ..,..,, la and mlCMlle it 111d lllle can: or 0¥a}tbing so the Honons can gct bade in . He said stair ~ •!Jldng th..-n 10 go wk to the neighbors or at kasl raearch it bcfon: they stan doing 10mcthin1 like t!lll. Mr. Blumenthal advisal that the City put I ,cnoc t>lound the plOpCl1y last Fritiay, .... lbc:y ..... siJtlY days now ,,. · , ; bade with how they want to takf. ""'" oi i t He said the next sixty tlr/S will determine the di rection for C\'Cl)1hing. Mr . Sli n s,ud they did not go into 1he house just to 1hu1 ii down, but rather to do an ......i insp:ction because ,•; , 1 the police dcpanmcnt had toM them. He said ono., they saw the a,nd.\tions. there ...... no "~Y tl.ey ..oo d actu.illy "~tk out ofthal place and feel good aboul nying !he house IooL, livable. He fell it was time to do something a little more serious . (b) City Manager Oark wcnl back lo the subjccl ofyelbalim uanscripU :u,d the DOit be pul in the Study Session packcu in n:sponse 10 Council Member Wiggins ~ucslion last .....i.. He lllatcd that he spolte 10 City Clerk Ellis aboul !he detail thal goes inlo Council minu1cs, 0111' williagn,ss to pn,vide a tape recording and our willingness 10 go ahead and do a YClbotim. Because oflhc lime i.awlvcd in doing th e ,-crbati1ns, he said , ii m•y be ncccssory 10 send some oflhose out 10 a transcription ICl'vice. He added tli.11 there is a n:q1tircmen1 tl1a1 1he City Clerk a,mplcte the minutes by the Thunday befon: the Ccuncil mccling. The cost is cun..nlly being absorbed in house, bu1 if ii is necessary 10 send the ...,,k ou~ he said he would like sugecstions on where lo charge ii. Ma yor Burne; s:iid that in some cities the council \'Oles on whet.her lhcy should produce \'Cl'batims. if they gel ,-cry lengthy . He fell 1hat Council should have some guidelines pn:senlcd 10 them 1h11 other cities might use . Council Member Habeni ch l .skeJ for a HSling of1he number and frequency of,-clbatims that ha,-c been asked for O\'C r lhe las! 1wo years. Ci1y Clerk Ellis n:spon<lcd that lhcn: really haven 't been any, 10 speak or. until 1his year. She sai d she would be glad 10 look it up. •• • • • Mayor Bwm COlllllll:llled 1h11 a b'elllOlldcNI number olboun have gone in10 dUI 1111d M need to laak al IOfflO piddincs and make IOIIIC docisions. (c) City Mu,q,tr Clan advitod 1h11 he naiud a oommunicalloa llolll Gonloa MiJ1i11m wilh a wk forte that balbeal in~ Caw,ty looking at open ..,...111111 srecn ..,..._ Eamlally, he said, lhc wk force is lookin& Ill cnc:ourqir& lhc Cowuy Board to pul on lhc ballot dais fall • ales w proposition ol ,omcwhc:e an,und a quaner pc:=1. II would go in10 a fund for lhc purpooo ol acquiriJlg open 1p10e and srecn ..-:e lluaupou1 lhe CoWlty. He said In lllkiog U -wilh llall',..., -... limited value to EogleMJod in dus. He said lhc only positi>'C spin he miahl put on dUI is for l:.qlcwood 10 mppon a pn,position 1h11 -.Id only be leviod in lhe unincorporated put ol lhc Caw,ty wllae people in lhoR areas, wbo -mon: ol a dir<et beadlL ~ be subjcc:I to W<atlon . He apn,aed concau lhal another quancr pcrllCIII -.Id pul us al a c:ompclitive disadvaniagc wilh some ol lhc IUffllUJldillg jurisdictions. Mr. Clalll said lhc group IJOCfflS to be anxious 10 brina lhi1 to • conclusion ., they cu IOI something on lhc No.ember balkll. Mayor Bums said he 1,;o rcc:ch'Cd • ctll from Mr. Milliken and he had reminded him thar E~ is a land loclto.1 ciry and lhc rcccpcion probably would nol be very posilivc on lhis right now. Council Mr.mber Habenicht said thal she feels wc should a,ntinuc to oppose the sales w and opiaod that if Ibis is go1 .,g 10 go on the btllol. we should make sure lhal some cquil)' a,mes back to lhc municipalities. lflhcrc isn 't..., opponuniry for or,cn space ac_'llisition, • cenain pen:cntaac based on !he Ulllltllt olsalcs tax lhat goes into this. or lhe popuialion. shobd bring lhal funding back for some: other use. S..e suascd lhal ,.,. should rcsisl iL to1ally. but if lhcrc is a po4ential of ii happening, ,.,. should make sun: that ,. .. arc CO\'Cl'Cd. Mayor Bums agrud. Cil)' Manager Clark said lhar scclting assurances lhal some of the money ,.;11 a,mc: back to us ......icl be a good idea for ll)ing 10 find a posili\'C in our resistance to ii. Also , he said wc could ,.'Olk with our local delegation IO gi\'e Soulh Subutban or Arapahoe Counl)' lhc statulory aul horil)' to .... sales tax jusl in those jurisdiciions. He said in thal way •-e don't ha, .. 10 say no. bul a,me up wilh some altcnwi\u designed to be sure tb: impae1cd areas or lhc counry ar. lhc areas lha1 pay lhc tax. Counci l Member Habeniclu said 1he cquil)' is c.,1rcme ly imponanl and she can 't sec us subsidizing \\1lat we cao ·t bcncfil frc r.,. Mayor Bums felt it would othc~ise be inconsisccnl with last years stance on a similar t.a.x. Council Member Wiggins pointed 0111 lhat lhc Counry Commissioncn; have lhc only say over lhc llSC ol lhc funds. (d) City Manager Clark suggested 1ha1 lhc Exccu1i ve S. ssion be held right then: in Council Chambels, since his topic \\OOld be brief. COUNCIL MEMBER CLAPI' MOVED, AND IT WAS SECONDED, TO GO INTO EXECUTIVE S'l:SSION IMMEDIATELY FOLLOWING THE REG ULA R MEETING TO DISCUSS A ll[.AL ESTA TE MA TIER AND A PERSONNEL MA TIER. Motion carried . Ayes : Council Member> Hatha\\1 y, Vormillag. Wiggins, l·b bcnichl. Waggoner, Clap~. Bums Nays : None !Clerk 's no1e : TI,i s nppcarcd ns Agcndn Item 13 (b) on 1he Agcndn ,I 14. City A~•• Rq,ort City Attorney Brauman did IIOI hive any manen 10 bring belon, Council. 15. AdJ-,_. COUNCIL MEMlltR HA THAW AV MOVE D TO ADJOURN. The meo:;n1 -acliourmd ai 10: 10 p.m. •• • •