HomeMy WebLinkAbout1996-06-17 (Regular) Meeting MinutesENGUWOOD CITY COUNCIL
ENGLEWOOD, AJIAPAROI COUNTY, COLORADO
Jlrplar Sadon
Jaoel7, I~
I. Call to Ordtr
The regular mee1Jng of the Englewood City Council wu callcd 10 order by Mlyorl!ums 1117 :34 p.m.
2. ln,'O<atlon
The invocation was given by Council Member Wigins.
The Pledge of Allegiance was led by Mayor Bums.
4. Roll Call
Present
Aoocnt:
A quorum was present.
Council Mcmbcn Ha1haW1y, Clapp. Wiggi Habenich~
Vormir.ag. Waggoner. Burns
None
Also present : City Manager Cwlt
Oiy Anomey BIOIZllla.n
S. Mlnulcs
Assisaanl to the City M.wger Grxc
Dq,uty City Cieri< Castle
Din:ctor Esterly, Dcpanmcn1 of Publie Worts
(a) COUNCIL MEMBER HATHAWAY MOVED , AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR MEETl~lC OF JUNE 3, 1"'-
Ayes: Council Members HalhaWlly, Vonniuag. Wiggins, Habcnicb~
Waggoner, Clapp, Bums
Nays: None
The motion carried .
6. Scheduled Visilon
(a) Warner Dr,unay p=n1cd lo lhe City a trolley bell believed 10 have ~n used on
Cherrelyn Horscca, No. 3. He aid that he and his .. ;re, Belly, would like lo gi,-e ii lo the Cily lo use as
tl1 cy sec fit He advised 1h:11 it was from John Roiolo 's collr.ction.
(b) S1anl cy Dial . 60 52 Soulh Chcrrywood Circle, Arapal1oc County, forme r Cily Manager of
1he Cil)• of Englewood . pnescntcd • book of historical significance 10 the Cily. Mr. Dial informed Council
1l.i1 he served as Ciiy Manager from 1962 10 1974 . He said lhe no1cbook WM prc,cntcd to him when he
left the employ of the Cily and ii chmcterim 1h11..,.... ~ period. He i=gnizal his wile, Jean. who
\\'IS in the IUdicnce. Mr. Dial told Council 11111 Englewood bal lilways lldd a ,peclaJ place ill bis bean
and he wind Council wdl. He pvt lhe book IO Council -w....,.. IO p,aent. becallle lie WIS
insuumaual in pulling lhe book 1ogclher in 1974, oaiaa bis leather making abili1y IO c:roatt the cover of
the book . Council Member Waggoner presenled the book IO Din:ctor Long to plaa, in lhe historical
an:hi vcs of the Englewood Public L;br•ry. Mr. Loaa lhuked both Mr. Dial and Council Member
Waggona.
(c) Da,,. Paschal and Ori on Hunter, membcn of the Boan! ofDirccton for thc Englewood
Historical SociCI)' and co-chalnnen of th e Dcpol Museum Rcstoralioa Commiuce, provided Council with
an update on lhe Englewood Dcpol . Mr. Paschal thanked Tom Munds and the Englewood Hcnlcl for
their contiDUCd support in the """'PIJ>Cr, and lhen CO\-cn:d some pi<us ol history rtpnlin& the depot.
He rel ated that lhe dcpot. which will soon become a communlly IIIIIICWII, was built in 1915, and is lllliquc
because it is ol lhe counly seal style or archi tecture. He said that only lhirly-(our or these buildinp were
bui ll and only two remain today. The depot gai ned recognition last yar f'mm the State and is on the Stale
reg ist ry as a historic building and is now a candidate for a Federal historical building. He advised lhal a
grant in the amoun1 olSI00,000 has been rccei-..1 from lhe Stale for restoration, as wdl as a SI0,000
malching gnu,1 from the volunlccr lircfighlcn. Mr. Paschal said lllat some people arc conctmcd about
the speed "i lh which the bui lding is proceeding. He ,ai th.al a IOI of research and time an: in\'Olved in
foll o"i ng the spcci fi c::uions SCI by the Stal e.
On<JG Hunt er said one p06i1 ivc thing that bis~ is a joint clfon bel""!'n Ilic Ellglc\l'OOCI
Historical Society, Honk Long of the Englcwnod Pllblic Library, and the Englewood Housing As'lhority 10
put togcthct lhc grant request in an clfon 10 obtai n funding for the ra,,inlion ol the building. Once the
S 100,000 granl rcqUCSI was a""'rded , tllC Stale Historical Sociely pro,idc.l a manual ol rules and
regulations regarding how lhe money can be spent . A conlr.lCI has now been Clllcrcd into bcl\\t:cn the
EnglC\l'OOCI Historical SociCI)' and 1he St ate Historical Society . The State rcqUCSIS now lhal the
Eng)C\l'OOCI Historical SociCI)' comply "i th cigl,t ,aprcmcnls, referred to by the Stale as produc:ls. The
producu that ha\'c been aa:omplisbcd, t.c said. include submitting the advanced paymcnl rcqucs1 fonn,
whi ch advanced them SJ0,000 of the SI00 ,000, as w,:11 as panicipatir • '-an OAHP consullllion. and
su~mi lling const ruct ion docu ments and plans and speci fi cations . Ml ,er opined that this is one a=
in wh ich tJ1cy have been \'try fonu nn tc. in thal lhc Housing Aulhori ty has ~n hired to assi st \loilh
construction m.1 na gcmcnt He sai d this has been an c.~ccllen1 arrangement and commended Paul
Malinowski and StC\'C Ozburn , as well as Ilic rest or the Housi ng Aulhority staff. Product number four is
the before pho1os and product num be r fi ve, which. be ad\isc,l , is the last product thus far produced, is an
interim sta lus and financial rcpon to Ilic State Historica l Soc ioly . Mr. Hunter went on IO dca:ribc the
newl y r<l)laccd depot roof and g1111cn and otJ,cr n,pairs. He statc<l tha1 the project is coming in under
budget , tha nks in great p.,n to 1J1c hel p rccci,-.d from the Housing Authorily . Mr. Hu,icr dcscnlx:d other
contributio ns tha1 arc being made by ci tize ns and local businesses to 1he dcJX)I clfon. He cxpr,sscci
graliludc fo r the suppon or Counci l, especia ll y Council Mcmbc n Vonni1ta g and Hatliaway, and thanked
Council fo r the opponunity to shan, the progress rcpon .
Mayor Bums asked when it is an1icipa1ed 1ha1 sufli t:icr., fu nds "ill be rtcdved tha1 the project "ill be
co mpleted 10 the po int "here a tcnanl can loc:,1c the,• and so me son or cash now crca1ed . Mr. Hunicr
n:spondal that he would prefer 001 10 answer too dc fi ni1dy. He sai d that , in a meeting wi th the Housing
Authority on April 24 . '996, ii was requested that they submit a time line and a budec1. He said lhcsc arc
in the'""'" and "i ll be ready by lhc lune 26, 1996 deadline. He ad\i scd that they have been in contact
"ith a professional fund naiscr out of Cal iforni a who is ,,:ry compc1cn1. Grass roots fund raising .,;11 be
continued. wit h the goal being to toia lly fi ni,h it off and pay the Housing Au lhority back the money the
Histori cal Socicry owes lhcm. wh ic h, he sa id. they have graciou sly cx1cndcd for another year, Mr. Hunter
s.1i d 1hey arc thi nk ing of bri ngin g in the professional fund mise r to hel p org.,nizc their cfToru.
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Mayor Bums commented lhal ii lOUnds lib !hey arc 111achln& lhelr dollars prcny well .
Council Member Vonnilll&askcd iflbcy plan lo take all the old stucco off, or jusl '° over 10p olil. Mr.
Hunter said some will be rq,loced and_,. rcpalrod. Also respondin& 10 Mr. Vonnlnaa, Mt. llwllcr said
they hope to be open wilhin I year.
Mayor Bums expressed 1pprocillion for all the hard worlc on the project.
7. Non1thtdultd Vblton
(a) Karen Floyd. 344 East Highlinc Circle, Lllllcton. spoke on behalf of the Junior Chamber
ofCommcrcc regarding a dunk tank fund raiser. She advilCd 1h11 the proceeds will be ,plit with thc City
for ocxt year's fircworlts displ ay. She remiJidcd Council 1h11 she came before them previously to ult for
participation in 1he C\-cnt receiving suppor111 thll time from Council Member Halhaway . Ms. Floyd
displa)'Cd a nycr created for lhe cvcnl and asked for Council's suppon before distributing llicm .
Council Member Vonnilll& ,'Olunlccrcd to pllticipalc in the dunk link. ~ Floyd left I sign up sheet
and fl)'Cr for Council and lhanl<:d them for thejr panicipa1ion .
Mayor Bum thanked Ms. Floyd for her bdp.
(b) Gary Kozacdt. 1260 WCSI Oxford Avenue, spoke on behalfof1he Colondo WildClts.
He ad\;scd that a visl1a1ion game has been scheduled ,.,1h lhe Sall Lake City amateur football club on
July 6. 1996. He ••'Pressed concern O\U the parlcing restri ction, around the high school and rcqUCSled
thal Council ,wi, .. the puking pcnnil roquiremcnl up until 10:00 p.m. on that date. He said thc event
...;11 run from 6:00 p.m. until 9:00 p.m. He advi'.led 1ha1 the Englewood Youth Football Assoc:illion will
benefit from the concessions sold al thc C\'Crll. and lhal lwo policemen will be hired 10 bdp .,.;th the ga=.
Emergency Medical Technicians (EMI) ,.;11 be there, also.
Council Member Habcnichl said ii is her recollection 1ha1 there is a specific procedure in ,1acc for such
instances. bul ,-,,s unsure whal the protocols arc. She fell thal Council action might not be n,quirod.
Mayor Bums asked Public Works Director Esterly whnl the process is. Mr. Esterly responded lhal there
have been waive n; in the past for C\'Cnts 1h11 look like they are going 10 exceed 11,c parking that cxlru at
the high school.
City Manager Clark sai d 1licrc is a lluee-way agreement 1><:1w .. n Safety Services. the high school and the
surrounding ncighbomooci. H. said 11-js ns dim•5'Cd at the last neighborhood watch meetings where
residents C>'J>resscd unh.1ppi ,'CSS thal they \l'Cl'C not given adva~ notice of these C\'CnlS. He said there
,re now prolo::ol s whereby adl'ance notice ,.;u be given through flyers and the schools. He feh this is
handled by the Dcpanmcnl t!' Safely Sen ices. He said he would n!fer the ltl3Ucr to the Director of Safely
Sc"i ccs al tomonow's st:lf< meeting 10 fol l<J1'· O,rough with the schools and the neighbors.
8. Communications, Proclamadoat and Appointments
The re were no conununkalions. proclama1ions. or appointments.
). Public llcarinJ
~°'70ucil .,_.,, 1"6
Pap4
No jJUblic bearing was schNluled bdon: Council.
10. CN1t91 Allftldl
MAYOR BURNS REMOVED AGENDA ITEM 10 (a) (11) FROM THE CONSENT AGENDA.
COUNCil, MEMBER HATHAWAY MOVE aJ , AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (I), (Ill), (Iv) AND (v) ON FIRST READING.
(a) Approve on First Reading
(i) RESOLUTION NO . 48 , SERIES OF 1996
A RESOLUTION AMENDING TIIE APPROVED 1996 BUDGET AND APP!lOPRIATING MONIES
FOR TIIE CITY OF ENGLEWOOD, COLORADO .
(ii :) RESOLUTION NO . 49 , SERIES OF 1996
A RESOLUTION ESTABLISHING TIIE ANNUAL SALARY FOR TIIE CITY MANAGER.
(iv) RESOLUTION NO. SO, SERIES OF 1996
A RESOLUTION ESTABLISHING TIIE ANNUAL SALARY FOR TIIE CITY ATTORNEY FOR TIIE
CALENDAR YEAR 1996.
(v) RESOLUTION NO. 5 I. SERIES OF 1996
A RESOLUTION ESTABLISHING TIIE ANNUAL SALARY FOR TIIE MUNlCIPAL COURT JUDGE
FOR TIIE CALENDAR , AR 1996.
Vutc~lls:
Ayes :
Nnys :
The motion carried.
Council Member> Hnthnway, Vonnit!Jlg. Wigins. Habenicht,
Waggoner, Clopp. Bums
None
(ii) Dircc1or Est e,ly was pn:scnt to discuss a r=mmcndation from the Depanmcnt
of Publi c Works to award. by mo1ion, a construction cont~ for the r,pair and uppade oCthe Claruon
Street Bridge . Mayor Bums commented that it appear> an error was made by Aa:urate Conctc1e
Structures. in that their bid was shon $3,600 . He said Accurate has asked to be disqualified and the
second bid ai,pcar> to be considcrabli higher. He asked irthcre isany way or accepting Accurate 's bid
and then spending the City 's money for the difference. since there is such a difference between thal and
the second lowest bid . Mr. Esterly responded that , when the bids were opened. Accurate ·, price was so olf
the n\'erage th.it the City staned talking "ilh them about -.•hether they reall y thought they could do the job
for wbat thC)' bid . Accurate suggested to the City that they bad some error> in the bidding process and
requested the Coty ""~rd the contract at a higher price than they bid it. Mr. Esterly said staff's view or
thnt "fil thnt it would not be fair to allow them to come in as the low bidder and then run their bid up .
The other side or it, he said . is tbat tl1e City could have pulled the ir bid bond, which amounts to five
percent orthe work , but it "m decided tlsit it would not be wonh it. Staff suggested to Accunuc that if
they would like 10 \\ithdmw their bid. the City would accept 1hcir withdrawal
Cir,, Manil'< Clall< med if lie bod COlllidenll dlrowiq out III lhc bldl ud l'HiddiD&-Mr. 6-1)'
raponded tbal !here dool nol -lO be., -IO do IUI, lliace lhc Oilier lids are puuped ID I price
tba1 is !)RIiy rcuonabic and wilhin the Clli-1be Cir,, had oblalned. He -•led 1h11 the Accunle
Concr<le bid looked CUI of line -ii came ia.
Council Member H.obcnichl asked if Aa:u.-has I wori< hiAory In the area. Mr. Ellerly n:spondcd tbal
Ibey do no1 , and lhe Cily does nol ha,-. much experience wilh them, either.
Responding 10 Council Member Vormiuag. Mr. Ellcrly soid 1h11 there wiU be repairs IO the bridge
railings. replacing ofblunl edge bridge abutmmts with .-1 guard rail1, such u wu done on the
B,_..'IY bridge .
Mayor Bums noted that the bridge r.ailings IIC1'0G fmm lhc Safeway Store arc \'Cly ruSlcd. He asked if
11'.aa ls the St.ite Hi ghway Dcpa1tmcnl'1juri,diction. Mr. Ellcrly said it u the Ci1y'1, and aatcd tbal lie
wiD bave it looked 11.
Council Member Vonnluag mentioned. al,x,, the .,-illl on the concrc1e below those bridges. Mr. Eslerly
fdt that would be the rcsponsibil ily of the Dq,anment of Parks and Rccraaian.
Coancil Member Waggoner suggal<ld tbal aall aipt WIIII to llkc a look lllldcr the Broadway bridge. to
-..'hich Ml , Esterl y responded that thu one belongs IO the Seate.
COUNOL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 10 (a) (ii), A COl~STRUCTION CONTRACT WITH NEW DESIGN
CONSTRUCTION COMPANY DI THE AMOUNT OF S~9,400 FOR UPGRADES TO TIIE
CLARKSON STREET BRIDGt:.
A)'es: COUIICil Members Ha1haway, Vonnittag. Wi@&ins, Habr.nkh~
Wqgoncr. Clapp, Bums
Nays: None
1bc motion carried .
(b) Approve on Second Reading
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 19 (b) (I) AND (ii)• ORDINANCES NO. 2'i AND 27, SERIES OF
1996.
(i) ORDINANCE NO. 16. SERIES OF 1996 (COUNCIL BILL NO . 12 ,
INTRODUCED BY COUNCIL MEMBE.\ WAGGONER)
AN ORDINANCE AUTHORIZING AN EASEMENT AGREEMENT FOR 3000 SOUTH GRANT AND
AN EASEMENT AGREEMENTFORJQl2 SOll11l GRANT FOR lllE CITY RIGIIT-OF-WAY ON
lllE CITY DITCH TiiROUGH BOTH OF lliESF. PROPERTIES .
(ii ) ORDIN AN CE NO. 27, SERIES OF 1996 (COl~CIL BILL NO . 30 ,
INTROD UCE D BY COUNCIL MEMBER HATHAWAY)
AN ORDINANCE htrlllORIZINO AN INTERGOVERNMEJ\ITAL LICENSE AGREEMENT
BETWFEN 1llE AllAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS AND 11IE CITY
OF ENi,LEWOOO. COLORADO PERT ,JNING TO ARAPAHOE COUNTY CROSSING CITY DITO!
WITH FIBER OPTIC CABLE IN CONDUIT.
Votere,ults:
Arcs :
Nays:
The motion c:anicd.
Council Mcmbcn Hathaway, Vonnltllg. Wiggins. Habellich~
Waggoner. Clapp, Bums
None
11. Onlinllllttl, Ruolutloe1 and Motions
(a) Appro,,. on Fim Reading
There ""re no additional items submiucd for approval on fim reading. (Sec Agenda Item 10 -Consent
Agenda .)
(b) Appl'O\'C on Second Reading
Thcr, "'ere no additional items submillcd for approval on sa:ond reading. (Sec Ate>Nla Item 10. Consent
Agenda .)
12. Gencnl Di11<Union
(a) Mayo(s Choice
I. Maror Bums distnl>utcd brochures for the Hudson Gonte.,._ •ilicb opened in Littleton over the
weekend . He congrn1uJa1cd the City ofLittlc1on on the project.ti, rema1 ~i111. that it really enhances the
south corridor and is a welcome addilion.
2. Mayor Bums asked Dinxtor Esterly about the utility poles on BcllC\icw and •ilcthcr any of tbcr,,
can be token d01>1t as the sidewalks arc being put in. and whether the contlllOt timing all01>~ for that. Mr .
Esterly responded tlcit . under the franchise agreement . the Public Ser.ice Company has an obligation to
mo,'C those poles ihhc City wants them ma, · He said the City 's obliga1ion is to pl'O\'idc:: them a place 10
move them to. Mr. Esterl y said""' do not ha, my right-of•"~Y behind the sidewalks for that purpose.
The other choice. he said. is to underground the electricity. which the Colorado Dcpanmcnt of
Transponation (CDOT) is opposed to. If the City docs. indeed , want to undcrgrounL ,nose overhead
utilities, "'C must fi-.t acquire the right-of-way from the propcny owners and run it imldc the fence line.
He felt that about ten feet would be a reasonable amount to bury a utility and maintain it.
Council Member Wiggins reminded Director Esterly to toke a look at the sidewalks going in west of
Broadway . He said tl,cy arc pulling sidewalks and ut ilities right in the concrete of the sidewalk. so he felt
it was not a big problem and pcdcslrians can use il.
Mayor Bums commented that some of the poles cast of Broadway arc dooble poles and it looks to him like
you "ill h.1\'C to step into the street to get around them . He clarificd that he was speaking of the first three
or four blocks cast of Broadway. Dinxtor Esterly C.1>ia incd tliat the City badtcd oll'on some of those
blocks because""' "~re not ;ntercstcd in going after the right-of•"~Y -In some of those blocks. he said,
sidewalks arc not going to go in . He said the original property own rs had no si~'alks there. and. undci •
our current policy , It -.Id be the responsibility of that p111pa1y owner llljaceat to lnswl I new lldewllk.
Mer coming ICl'OII some Fedml tluwllnJ ror _,. lidtHlu, ""'_,. after It with I IWCllty pcn:cna
match from the City, he said, but"" hive now backed oll"beal-of the difficulties w,th the overhead
utilities.
Council Member Waggoner 1111ed that he ngroed with Council Member Wiggins. in that in most pllCCI
the highway department docs not 11111111 sidewall, any,..ay. It -ns. he uid, like it woold not be too
much ora hassle 10 underground those wira underneath the sickwlllt. He said he can 't imagine why the
hi&h•'IY department -.kl be_. to that. Mr. E-'Y aid that ii made -to 11111", too, or wc
wouldn't i-e liked that they allow it to happen in the n,. place. He though! it wu I rauonablc thing to
do, moro ,o than pulling ii out into the pa,.....,nt. However, the City's request 10 the Slltc wu lumed
down .
Mayor Bums r,11 ii would really enhance that ncighborboocJ irthc utilities could be underground.
Mr. Esterly stated also that. when this was staning. some of the property ownc11 exprascd opposition to
any of their propcny being taken . He said that Council had suggested ~Ult the City shou ld not be looking
al taking propcny from those property """""·
Council Member Hathaway asked lfwc Ju,,,. any Public Savicc undcrp'Oundina money left and if..-. can
USC ii for that. Mr. Eslcrly raponded allirmati\'ely. lhal this -.Jd be the souroc of fundi lo do the
undcrgrounding and 1h31 thero is quite a 1111 left in that fund. Council Member Hathaway asked if wc ha,-.
presented that aspect 10 the propcny Ol"DCB. Mr. Esterly said wc haw: not met wi th that neighborhood to
discuss that concept .
Council Member Vormitag asbl If the ownc11 get the rigbt-<lf.,.ay back . Mr. Esterly so i:I they gcr ,:ie
use or i~ but If wc have to go in there for maintCllaDCC. 1'1-w:r is thero -.Jd be taken out and the City
is not responsible for putting ii back . The fence line conld go hick to whcro ii was. bu~ again. if Public
Scr\ice had to go i.11 for ropairs. they \\'Ollld not have lo fix the fence back .
Mayor Bums sai d h: would like lo know if the propcny owners understand that ii could enhance the value
of the propcny"' Jong as it doesn't take loo much a .. -.y .
Ms. Hathaway fell that if the power Jines lutd been underground bcforo last fall 's snow stonn. they would
not have had to wony ahoul that son of thing. Mr. Eslcrl y said he is not suro that directly feeds the
rosidenccs. If ii docs, then ii stans to get moro complicated, because then"'< aro into the house focds and
the undcrgrounding money cioes not pay for that.
Council Member Vonninag asked when the sidewalks will be finished along South Broadway from
BellC\icw south . Mr. Esterly raponded that he docs not l1a,,. an exact date. but they will be done this
summe r.
Mayor Bums asked ifBellC\icw "'OSI of Broadway will ha\-. sidewalks on the nonh a.id the south. or just
on one side. Director Esterly said tha1 S'lmc of the areas aiong there arc not in Englewood, but, mthcr, in
the: City of Li11Jc1on . so thero m aroas 1ha1 we "i ll go in and out or. itc said the: only place along thero
where there will not be a sidcwnlk is in front of Home Lumber and Arapahoe Rcnlal.
Mayor Bums asked ho..-the bike trail is coming along 11411 is supposcJ lo go through the park . Mr.
Esterly said that is also scheduled for construction this summer.
(b) Council Members ' Choice
I' ' · n Ill ,• . •. ' :-• . ' . fj • -I '
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(i) CGuncil Manl,cr lillhlwly uked lhc Clerk ID ...S by litle a raolullon
c:onc:emlng day tiff basiDoal in R• I •A districls.
The rorolution was usipcd • number and read by title :
RESOLI.TllON NO. 52. SERIES OF 1996
A RESOI.I.TllON TO CEASE ZONING ENFORCEMENT ACTIVITY AGAINST 1l!OSE DAY CARE
BUSINESSES OPERA TINO INlliE R-l•Al>ISTRICTTHATWEREOPEN PRIOR TO JUNE 3, 1996.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (II) (I)• RESOLUTION NO. 52, SERIES or 1996.
Council Member Waggoner asked if then: is a time limit 011 this. Council Member Halhamly pointed out
th.II r.he rorolution .,_ October 21, 1996 11 lhc ending dale .
Council Member Hau,a-.y suggested amending lhc rorolution by n,quirin& lhat lhc day tiff operau, ..
also be licensed by the State of Colorado prior 10 lune 3, 1996. ~hc fell th.It ,.;lhou1 th.It provision. there
is 00 way lo know for sun: 1h11 Ibey wen, opco bcf-th.II dale. -.;ity Attorney &mZIIIIII -IMI she
could omainly add lhaL
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO AMEND 11IE
TITLE TO READ "A RESOLUTION TO CEASE ZONING ENFORCEMENT ACTMTY
AGAINST THOSE DAY CARE BUSINESSES OPERA TING IN THE R-1--A DISTRICT TBA T
WERE LICENSED BY THE STATE or COLORADO AND OPEN PRIOR TO JUNE l, 1"6.
Ayes: Council Mcmbcn llalhaway, Vormiltag. Wiuins. Habenichl.
Waggoner, Clapp, Bums
Nays: None
The motion canicd.
Vote results on oritinal mocion to app,'0,-e Rttolution No. 52, u 1111t11ded:
Ayes : Council Member, Ha1h.1way, Vorminag. Habenichl .
Wagoner. Clapp. Bums
N•i~: Council Member Wiggins
The motion carried.
(ii) Council Member Vormiltag asked Ci1y Manager Clm if a study ,-;u be
condueled regarding day tiff businesses in R-1-A distriCIS and whether lhc information will be r,:a:h'Cd
by Counci l prior 10 lhc listed ending dale. 11-i ... Cwk rapondcd alfinnativdy.
(iii) Council Member Waggoner asked lhal lell r.B be Stlll l0 Stan Dial and Warner
Dounay. th.Inking lhcm for lhcir contributions lo lhc City.
(iv) Council Member llabenichl
I. She sh.ired "ilb Council 1ha1 she altended 1he Soulh Metro Chamber annual meeting and
luncheon where she pul\hasod a book en1i1la1 "Thinking in 1hc Futun: Tense" b)• Jcnnifcr .lames. a well
kno"11 urban anlhropolo,µst . Ms . Habcniclu said she used her discretionary fuods for lhc purchase and
"i ll pass the book on to the other members of Council if they would like to read il. She feels it is an
interesting and ,i tal book . which she will C\'CRIU..'\lly gi\'C to lhc library for their collection .
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2. ML Hlbcniclll aid lhe bu rocoMd "c-ias Li\'lblo Conununiliel" from lbe Repml
Tlllllpllflllioa DiltriC' (RID). She aid ii is inleialia& WOl11lllion 1h11 ii pcni-t 10 ,,._ ii lllppeniag
wilh lhe Cindcn:lla Ci1y development.
3. She ldalcd 1h11 she roc:eiffll I call from Linda StOI)' who liws near Clll)'too School on Acoma
Sir""' and reminded Council of I previous discussion conccmina lhe policy on Americans with
Disabililies Act (ADA) ramp cull. She said ii WIS novcr dilcusacd how lhc project would be prioritized,
and sua,osled 1h11 ii 10011 be a Study Sauoa 1opic. She lhouglll iden1ifyin1 pcranm with ,pccial pa,ldllg
pennill for tmedchair access mi&III be I place IO IWI.
4. Ms. Habcnichl road lhe following stat.-for lhc n,cord:
"After my rctwn l'nlm Nclo• Yen, and ............,..10 lhc 1-3 council mceling, scvaat
people med if I had road u .. cw•.-ilwrnbclS cboicc pollioa el lhc minulcs l'rom lhe May 20 mectin&,
Si-lbeo I ha,-. road 1hc minulCS ud """Id like to lake this oppo11uni1y 10 IClp0ftd to sp,culllions made
about me, my comm<nlS. my act ioas and my ~ lllfflllllldi•& lhc first Cinderella Ci1y Forum .
I. I in1enup1cd lhc imaiag ►.-ii had lllllncd inlo I discusson about (llllicular tcoanll.
II WIS .. iswc raised and di-cd by lbe proposed d,:;-;!.,pcroflbe sile and ii WIS i~ with action
ialtco at lhc r~ council .-i111 wbich diroctly addrcaod that issue . We •ere not Fia& ID discuss
ICDanl mix U' a a.lier "'" h<::,rd f•om Ille ~ic. I i'C(III fiam I YCrbalim of thooc: minUlel lO IUbaantiatc
my point.
I did ah> mcntioo later 10 Mayor Bums U111 it WIS my rccollcctloa that M lbe study
SC;<Sion whco we discus.cd which planni11g yonp to go wilh-Cahhurpe or Clarion-tho COWlcil
membcls bad all agretd lhat Miller/Kit <.lrJ I ,w•M not make I proscntation at lhe forums. I then
explained that I do:l'l lll'lhwily 'Mlllc ...,., '' (;\ •u!J:S by interruptiog • meeting like I did that nigh~ but
Uu11 they had already lpecn brolten .
From 1he bcgir.ni1ig. I have been conctrncd and I have been raising ooncuns about the
process surrounding the !cdC\clopment of Cindcn:11 • Ci1y. I agn:e wilh those who have idaltiricd lhlt lhc
actions we take n:garding 1hc rcdc\-clopmcn1 oflhe Ci11c!,n:lla Cily site will most profounaly impact lhc
entire Ci1y ofE glC\,ood re, years to <J)f1)C a_\1\1 lhat lhc :icYclopmcnt opponuni1ies pn:scntcd by this silt
wili in all likelihood not hap~,• api11 for another generation .
Because oftha1 I am dedicating a great deal of time, rcsean:h. SIUdy and in\'estigation
into lhe issue. When I saw a ec,,;..-:i l decision being disregarded 11 an official eily fo,.,.,., I called attention
to it-in hopes thal things couht get baclt on track-with leadership coming from the eouoeil directing lhc
manager-not f:om lhc developer directing !he Ciiy and the Ci1y 's process.
Another issue 1ba1 was raised cona:rucd lhe number of verbatim uanscripU "'!UCSICd by
council mcml>ers .
We did rcecivc: a rcpon from lhe Ci1y Cieri< that delineated n:qUCSII over lhe last 1wo
yea rs-Ibey were all for panial ,-erbatims-
One from Councilmcmbcr Clapp
Four from Couneilmembcr Ha1ha"~Y
and two from Councilmcmbcr Habenicht.
I r<queaed ,'Clbllims because I hid been oblervlng that lhb,p -.,, being aid IO cllril'y
wbal dcdsiom meant I Wlllled lO be cenaln thal lhale clarillcallons Mre ,_and• put oflbc IUlDnl
and awilablc in lhe l'ulure-apedally u lllffllUl1ded dcdsion 1h11 I hl\'O been .-nd do IIOI commit m
10 1 power cenlcr dc\'Clopmcnt II Cinderella CII)'."
She Slid she wan1,.4 to <>!!'er lhat in writing 10 clarify bcca111e !here were• kt of ,peculations about wbat
she meant
l\l'.ayor Bun,s Rid he would tikc IO rapond to .. rt of lhal. He aid II lhe --'oa 1h11 cvenlna. ML
Habenicht lold him thal he hid broken lhc Nies by hrnn& lhe dc\'Olotler ti-. He nalled 1h11 be llbd
Ibo Cily -·,gcr subsequcnl 10 thtl 10 -..c whclher thc1c were any mectinp where Council hid agreed
thal lhc dcv,lopcr would nol make I ,., .... nwion II lhe public lbNIIIS and be IMlnllndl lhere -IIO
such agtt ,mcnl. He said he his fell all along lhal lhe dcYClopcr should be II lheso ..-ings bcausc Ibo
public ,..JUld lhen undcntand whit lhe dc\'Olcpcr's concept is and CXJUld rac:I to ii and decide wbctber
lheY like ii or IIOI and ofter somcthillg of !heir own. Clarion hid advised Coancll. he rocalled. 111
meeting lhnl M,. H.ibcnichl _. not II. lhal lheY wsnlcd lhc dcYClopcr 10 be there. loo. Ba:aus,e of that,
Mayor 8u1'111 fell ii was cnlirely consistcnl lhll lhc dcYClopcr-. there. He aid he only found out -
an hour before tltc meeting 1ti.11hc d.c\'Clopcr had a lctlcr of intcnl ,.;,h Sony lbea1cr, and wa., conca,,ed
lboul \\'hcthcr lhc dc\'Clopcr should prcscnl lhal 01 IIOI. He Slalcd lhal a lcltcr of lntcnl i, IIOI an
agrocmenl or a lca,c and docs not feel tl\a1 Is ,electing a 1cn1n1. He opined 1h11 it 1, impor1allt for lbc
public io -1hcre is a lcl1cr or in1cn1 so 1h111hcy may react 10 ii and SIIIC whether lheY 1pee or not
\\ith having thal kind oflcnant lie felt ii would be k•.;:ping lhc public a bil lgnonnl iflheY didn 'J
understand wha1 lltc concepts were.
Ms. Habcnichl ,aid she r, is i1 •-as hclp(ul 10 clarify 1hc IWO ditrcren1 posi1ions.
5. She thanked lhc Department of Safely Services for addressing lhc tnlf,c concems on a.-.,,
lha1 she broughl up 11 the last Study Session . She asked whc,e "" stand and whdhcr we arc going ID
pursue lhc no left 1um signs for soolhbound Broadway en1ering inlo lhc Posl Offk•.
City Manager Clark said then: was a Slllf report on thal and his recollection 11-as that there was no
at'Cidcnl history with left 1uming tnffic there.
Director Esterl y advised thal a memorandum thal describes a lot or lhe silualions OUI lhe,e wenl up to lhe
City Manager's office la1e last week and ,.;u probably be in lhc next packet . Blsically, he said. we do 1101
ha\'C an accident history 1hcrc.
Cily Manager Clark asl-.cd iflhc no left 1um sign 111hc Floyd Avenue Intersection has improved that
si1ualion somewhat Mr. Eslerly rcsnondcd 1h.111hc no left lum otrl'loyd would impact 1his slightly. bul
would be 141rd i.: q:.anlify. TI1t larges! complain! abool 1ht no left tum on 10 Broadway from Floyd ""IS
from peoflle gelling ti ckets alleging th.it the three signs were not sufficient. An additional pavement
marking has been added . Ht opined tlial tltcn: is not enough room to pul a .-,-.mcn1 marking like lha1 on
Broadway al lhe post office location.
13 . City Mana1<r'1 Report
(a) Cily Ma ,iager Cl ark recommended Council go in10 Exccu1i,,, Session immcdialcly
follo"ing lhe regular 111cc1ing 10 discuss a personnel mailer. He said he would be briefin g Council on the
sta 1us of ncgotialions \\ilh lhe Englewood Employees ' As,ocialion and lhc Englewood Firclighlers '
Association .
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Council Member Halhl .uy llSkcd if~,e IDO',Jrn .ould be combined with Ille Cily Attorney 's motion. i.ity
Anomey Brouman R>J>'ltldcd alll11111i:;.,...1y.
COUNCR, MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO GO INTO
EXECUTIVE SESSION AFTER THE REGULAR COUNCIL MEt'ON-G TO DISCUSS A .
PERSONNEL MA'ITER FOR TUE C'TY MANAGER AND TO DISCUSS PENDING
1.mGA TION WITH THE CITY A n u RNF.Y.
Ayes :
Nays :
The molion carried .
Council Mt.mbas Halha• <1y, Vonni111g. Wig,:i.s. l:llbcnicb~
Waggoner. Clapp. llums
None
(I,) Mr. Clari< sa id that Council ii tentatively scheduled on July ~. 19% to have a Study
Scs.sion with Clarion and Asmciatcs to sununarizt the input from the foor Ci Ril:rclla City infonnation
meetings. One or l\\tl of the principles from Clarion \\i ll not be available that nigh~ howcv:r, and he
suggeslcd. in lieu of the Monday meeting. Wednesday night . July 10•. Counc ,I agreed to Ille Wednesday
alternative.
Mayor Bllr.lS said we \\ill have to ha,-. public notia: or the change.
Council Member Hathaway asked about the press rdcase lhat mentioned th,. mceti.ng. which ap,,ar..,tly
did not get \\i dcly diSlributed . She asked how many of those ha,-. been issued that ,.,. ha,-. had to retract,
assening that we doo't "~nt to ha\'c conl!Jcting messages going out to the public.
City Mar-ager a ,11< said he \\i ll chcc:k into that. AJ,o, he said, a Idler \\ill be sent to O:V.!l)'ORC who bad
signed in at the d 1izcn meetings.
City Attomc-y Brotzmlln achi sed that there \\ill be l\\O public meet ings the ni gh t of July to•.
14. City Attomc)"1 Report
(a) Age nda Item mo\'ed forward. Sa: Age nda It em 13 (a).
City Auomey Brotzm.,n had no additional mancn to bring before Council .
I 5. Adjoumm<nt
COUNCIL MEMBER HATHAWAY MOVED TO ADJOURN . The meeting adjourned at 8:0 p.m.