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Home My WebLink About1996-10-07 (Regular) Meeting Minutes• • ENGLEWOOD CITY COUNCIL ENGLEWOOD, AIIAPABOI COUNTY, COLOII.ADO 11,plarS..... Omll,er 7, 1996 I. CallloO .... The ,qular .-iug aClhc Ea,Jewood Cil)' Cowic:iJ wu called lo order by M,-p Pro Tern Habenicht at 7:30 p.m. 2. 111 ........ The UM>Cation Ml pYCD by Couacil Member Wigins. J . PJedFIIAiepM0t The Pledge aC Allqiaace M1 lcd by Ma)'O' •,.,, Tcm P.1'•-nic:bl 4. 11..al Call CoimciJ Meoun Hathaway, Clapp. Wigins, Habenicht. Vormilllg. Wau-r Ab5all; A quorum WIS present. Mayor Bums 5. Miauta Also prcsait; Ci1y Ma,,.,.. Clari< Cil)' Al1omc)' Brouman Aslislant"' Ilic Cil)' Maaager /j,a-~ Cil)' Clerk Ellis Housing Spocialist Nestler Housing Fioanc:c Specialist Grim.._ Diroaor Esterly, Public Works Manager Simpson, Ncighborhoocs and Business Development Director GrygJea;cz, Fioancial Savic,cs (a) COUNCll.Ml:MIERHATBAWAY MOVJ:D,ANDITWASSECONDED, TO APPROVE mE MINUTES or TIil: REGULAR MEETING or 51.PTEMBER 16, 1996. Motion carried. Ayes: Council Members Hathaway, Vormiu..g. WiK£ins. Habcoichl Wagoner, Clapp Na)~: None Absent : Mayor Burm COUNClL MEMBER HATHAWAY MOVED, AND IT WAS SELONDED, TO APPROVE THE MINUTES or TIil: SPECIAL MEETING OF SEPTEMBER 23, 1996. Ayes : Council Member, Hathaway. Vorminag. Wiggins, Habenicht , Waggoner. Clapp Nays : Ahoeul : Motion carried. 6. Sclledaled Vl1111on None Mayore.... (a) El!'a Mae Marltct, E.....uvc Direc:1or ol Columbine Knolls Parts and R<crcalion DistriCI pracntcd to Austin Gomes and 51..,. Neyer, Chair and Vic:c Chair of Englewood 's Parts and Rocreati•~ Commission, the CPRA (Colorado Pults and Rocreation Aaocillion) citllioa award fo r their yean of, lice on the Englewood Pults 1111d Recreation Cocnmilsion . She noted that tlao two men bave shared the Chair and Via: Chair role for the post twelve ycan, that they bave provided ltadcrsbip for the Olhcr Commission mcmben. inpu t for their fellow citiuns and bave given counUcss houn of their time and years of dedicated ,cn,ice. HoMver. Ms. ~.arlter Slated. that is not really why they _., nomiDlltd by a citinn ol Englewood for this IMl'd. For one thin&, she pointed w:. the ci~tion award rcquiru a nomination fJOm a citizen of the community and the award is a recognition of oallWlding SCMce 10 par'<.! and rccte1tion wi thin our Slate. She advised ii IS a highly coveted award and they dclon'C ii. Ms. Marker stated thal they wen: nominaled for the pcrsousl commiuncnt they ht.ve made 10 put the pride i..-.1 beck home feeling in Englewood. Colorado. Both ol these men, she no'.al. foci 51JOngly that community involvement and a sense of idcfltity is -ICl.kcs • city like Eaglcwoad worth living in . So. she commen1cd, they decided to bring some oCthe traditions back . St.... Nc)cr decided IC\-.nl years ago tha1 Engl""'OOd needed to n:vive or aatc a Christmas lighting contest. She Hid that he set it up, advertised i~ got the prm:s dona led aod got it judged. The conlest is now in its sixth year and the streets or Englewood, .... Slaled , an:. ddlpl II Christnm and this prognm bas spum,d many, 111111)'. homco,mcr 10 go tha1 extra step. Ms. Malter advised tbal Austin Gomes IGOk on the fourth or July celebration. as c:osu and collljJClition bad farad the City to f=ao this celdnlion for many years . She said tbal Mr. Gomes made all the rest or us volunlccr along ,.;,h his entin: family . He ended up pulling on a 199• foarlh of July cclcbration, which ,ns named cme of the lhn:c best in the metro an:a by the pn:ss, on n shoestring budget. She advi sed Mr. Gomes 1111d Mr. Neyer_., bolh instrumental in fanning EnglC1'ood's new Cullural Ans Commissioa and both bave boctl IIJ'Ong supponers of the Englt1''00d summer !heater program wb ich sells out ... uy year. Additionally, shr. noted, Mr. Gomes has n:ccnUy tal.en on the EnglC1''00d Parade and Mr. Neyer has helped a new youlh football league form . S~ poin1od oul thal Mr. Gomes was named EnglC1"00d's Citizen of the Year for 1996 for his work wilh th< Commission and that they both help out and do volunteer work for many. many other activities in the community. She opined thal it is easy to lose your identity when you arc living in the shadow of Dcn,-cr, bul in Englewood we all know that we live in a hometown . She remarked tha1 !he elfons made by lhcsc IWD men promise and !hen deli 1h11 feeling for thousands ofEnglC1''00d n:sidcnlS who sit on the curb of Broadway and cheer !he local schools in the November parade , who watch !heir kids on !he stage of the Englt1'ood High School and who dm-c the stn:clS of Englc,-'OOd at Christmas wondering which of their neighbors won that prize this year. She stated that Mr. Gomes and Mr. Neyer have made a very real. lasting conmbution 10 the citizens oC Englewood lhrough their work on the Englewood Parks and Rccn:ation Commission and that they arc IJUly deserving of !he CPRA ciladon award . She said it is a pleasure to give them !he award and also to say thanks to Jern:11 Bladt !he Dir-cctor or Parks and Rccn:ation and Carolyn Armstrong. who was !he oominalor and is a very valued person in our sociery as well as in lhe communil}'. She olJen:d her congra1ulations to Mr. Gomes and Mr. Neyer. Mr. Gomes thanked CPRA for this honor and Carolyn Armstrong for sticking her neck out and nominating them . He said he would also like 10 thank Jc rn:11 Black for his leadersh ip in !he Parks Dcpanrncnt. He commented that he cannot talte credit alone for everything thal was said because wiU10u1 his ,.;re Sheila behind him , to gi,-c him the moral suppon , he could not do it. He staled that she is one heck of a nice lady . •• • • • • t,~. ~ aid 1h11"""" lle-llnl IIMIOd o(Qil 1WMI be did 11111 IIINltffllllll lhc ~ ol il 1111d wbea lcmU Blad< called bim lie Mill. w:ry i-<ily, be told him lhat -aiCle. He aid Mr. Bl ollnd10pu1bcud 1.i.wir...,1or&11oliaJ,ludt)w._diaMr,wblcbllelllaorplwua.,..._, IO go. So lie aid 1111111 bow dley gol up IO Ell.:; Put. Mr.~ ...... dlal it-'I Ull!il bc lpelll tbe li&bl wilh .......,.i-.11111 .. NGllyuadei-idleli~ollWL Hclaid lllatlObe in lllo ·-room, let alODO l!lie-propam. a-oilbe ~ 1h11 MR recoiwl& lifrli- lChicvemcal ewardl-llllly M dutll, He D04ed 1h11 ...... lbe bigal r.11aa-•'Dllll lhey WOR :,n:atcd lbe award. Mr. 'Neya' poilllOd OIII lbal II la eot ..-.S IO eidlcr ODO aflMm, but 10 lbe Eapc,,ood llecrealloa Commlsllon . He aid, ill apmldlla b bath af lhtm, IMl lhey ue cacnUally exlalSions ol lhal Comml uion. Mr. Neyer nolCld lhal Ibey do lbe -IOI\ ol tu,p lbot ~ c:1s, OD lbal c-mttliOD doe&. Ho~ WI Ille ftllld -lladc out IO Ibo Eaa)cwood R=eation Coaaniaion. Mayor Pro Tcm Habenicbl. on bcbalf ol Council, olrcnd lbcir coopalulalias, lbaaad lbom for lhcir ICMOO ID lhc coamunily 1111d IO lbc l'llkl and Rocrtalioa Commluion. SIie aid Ibey IR w:ry proud or lhan and 1h11 Ibey hive done an honor 10 lhc Commissioa and lhe Cil)'. (b) Allll Nallbolz, Cllainnan oflhef!aaJo-d Clan. 0.-and Pnlud (CGP) Cnmmusion, aid lhal D hoped 1h11 Coucil hid roceiwd, la lbcir pocua, lbe ieUer adviaiaa ol the Commi5Sioos projects for lhis last year. She poi-.! OIII lhll lhey lllak away Good Ncipbor Days and WUU ~ bas ainlribuled SI0.000 IClMllll lhM elrOn, avlag lbc Ci1y lll'l)NIIQlllll upwards of SI0,000 a year. Ms. Nab11o1z advitcd Ibey~_. llyiq 10 keep lhc alicys clean, lbal lllcy bm: I ...., project OD boud. an alloy clcan-llp lllal ii IICbedulod lhis moolh . She eolcd lllat lhey ..... orpnized muy and soliciled l'uoill 1111d volualeal lhis year. ML Nlbholz advilOd 1h11 they baYe had five major communil)' projects wilhin Ibo iall year 1111d lbe c-.iaioa is in lhcir sixtb year ol "°rking wilh lhis c:ommunil)'. She lhanked ....,-wbo -ilMIMd la gelling lhis Commillioo Slar1cd wilh the vision six years AF, Ms. Nabholz cxplaillod lhll lhey -S -financial blCkin& al Ibis point. She poillled ... lbal they rm:ivod $10,000 rn. Safely Klocn. far die lloulChold bawdolls -""""'"""• ia lhc beginning. nil year, she noced, Safety Klcoa 1111d lbe File Oepa,tmca1 bdpcd lhcm, • Mil u Cil)' money. Ms. Nabholz lllled 1h11 11ais year, for lhc first lime, Ibey oalleceed ~-The c:o-paymenas cxcoedcd whit Ibey bad ffqllClled olpooplc. lhll lhey bad requested a $5 .00 C01'1)'. She ldviscd 1llal a 55 plloa drum ol used oil cu cml approxirnaldy Sl,000 IO W.-ol lllld $500.00 a., lat il The QU1'Cnl raac thal 111-e hive now is $300.00. She Slllcd Iha! lhc Leaf a. Tin: Collection is coming up and 1h11 Ibey c:oon!inale 1h11 wilh the Cil)' olEnglewood and the cml is Sl.00 per tire. She aid they arc also pring up. swting in J1111wy 1111d Fcbnw)', for lhc ir annual Ena)cM,od Glad Bag-A-Thon. Ms. Nabholz noted a IOI of school kids were in""-1 in ii lhis year and lhal they Wllllcd 10 cmpbum education and bringin g lhc Cornmissioa more inlo lhc cooununiay and making ii a pa11nmhip bd,.,:en lhc citizens and lhis Commission. She said they fed lhal lbc communil)' bcnefilS from lhis Commission . She Slalcd lhat upon complction of their 1996 IClivitics, Ibey 11-e under lhe wniJRUa. and 1hcy .. y a acmbcrship 10 Koep America Bcauliful of Sl00.00. She aid lhat for every Sl.00 ol our local govemma,, suppon given 10 COP, $8.00 "°rlh of benefits 11-e relWDCd 10 our ~I)'. She poin1ed out 1h11 Ibey have had lhcir fund raisers, gleaned stuff from Good Neighbor Dlyl and had a garage sale. and jusl finished lhcir Golf Tournament Ms. Nabholz advised 1h11 Al lhis poinl ia time tho Commiaion -.Jd Iii«: IO n,qUC51 oflhe Cil)' ofEnglc\\'ood funding in lhc amounl olSll,525 .00. She said she ,.ould _..;ate Council 's consideration of lhis request Mayor Pro Tern Ha'-:nicbi lhankcd Ms. Nabholz for her prcscntstion and request She said it is her WldersUIDding lhal Council will co ntinue 10 talk abou1 lhe Budge1 at lhc nr>et few study sess ions and p<rhaps they .. oold like 10 add lhis 10 !heir agend., . Council Member Hlllllwly n,q,,...i 11111 c-il loali 11 •AUi lhey ha.e hillOrically liuldod Ille CAlmmisloll IL She poillled out 1h11 CaunciJ did, II OIW pollll la lln, ftuld I IWl-4ime poaki,. 1, which is now I pon-4lme po■itloe . lwtl■pl. • aid, 11,ey mlpc -to look II continuing th■l l\lndint la Ille Cl<an. Gr.a 111d PrUlld Commllliaa ■,.m . Not ---■rily lbr a politioll. bul ror Ille~ which &he polnll'<I out Is whit KAB (Koep Ailerica Beuillll) ii deliped lbr lll)'Wl)I. She cammcalld lbll she applauds lhe effllru oithe cwrait 0-. Onell 11111 Pnlud Commi111on Cb■lrman and the Ommisslon in the &ct th■t lhey an: cloii,g Ibo oilier tlliap tll■l KAB n,qulres, lhll lhey IJ)I to Olllla u llllll)' ndallborhood buslneaa u 1lley IWI ■-I !M'lp lille thlL SIie IIIMI 1h11 !t ii 11111 wy pal.oc I tu, out of IUl'IIC oIU-pooplc. th■l 11 is Yf1I'/ dilllc:ell liltc palling-11. In r■cl . &he ale!. she lbillb lh■t the job ot.c ■nd Suan V■n Dyke bad lnllillly--, cmy, bccame lhey-,, lppl'OIICl,od by W- M■n■g,:IIICltt or Colorado astina ""'"' 111ey coald do ror us. Ms. Hllh■w■y aid 111ey told 111an 11n1 then: .,. ... lhe m■ner of the $2,000.00 inllillicm rec and WIiie M■nagcmcnt wro1e lhe cbcclt . She DOC<d • his been dillicult ro, the Commission since 11111 pr;.,;, She rcitcrlled lh■t she ■ppl■uds lbc Commission's dforu IJ1d mted 1h11 Council should la II tile iu-ic■I llulding to ■oc tr .:,ey can ainUnue llle lllllding 11 last to th■l lc,,cl . which she rdt -only ■pproprillle ■nd ~ 1101 lclw lbc Commlssion OU1 on I limb . (c) Briln ~. Policy Diraclar lbr Citizns to Save Colcndo'< Public Trust Lands, sai( be "uted to giw I wry quiet back.,.....S ca AIIIClldacnl 16 wllicll Is on lbt swc-Mdc ballot this )'CIJ' and deals with lbc Sllle's Trull Land&. nis ii• isao lhll lhey .. Sllned on ■bout I )'CIJ' ■go. be advised, and thiswuonc oithe top ... IIICIJlll--■lio 1h11 c:amc out olGovomor Romcr 's Sman CiroWlh Ploccss. Heald 11ua1 ....... oethc things 1h11 illljJltSICd them lhe -wu lh■t this ..... •• citizens ICl'OU the Stale coming out ■-I..,. of the biagat concerns tut lhey-.. ■ocing. u ~ .. the grnwth in Co lorado. -the Ion or-oilhcirope11....., ■n:as th■t lhey valued, ror lbc quality .,_•ttre and ror raising their children. Mr. e...---.,, said lhey hn-. WOlbd llld buih I COllltion or cducalion grou,:. • I IOI or l;,cal offlci■ls . environmenlll "''"'" ■nd business laden ICI05S lhe Slate "' put this isalc ia fioot oI"""1S. He ICatod this land wu giwn 10 us in 1176 when we became I State ■nd our Conaitalion says we ,_ to -this l■nd 10 ma,cimm, ........._ At that point this Jud was .-IS the main source of incxJlr • ror our public school system. wllidl wu just gelling lllrtod. He said llwt we ha,-. now bcca seein& a IOI of this l■nd being sold for~ pwpooes. wllcroas in the put the l ■nd was historicall y used ror agricultural ■nd gruing ,......_ Addilionall)". 1 lot ol cities IJ1d municipalillcs as well ,.'IIU!d lease this land 10 usc for hiking or biking trails ■nd citizens wen, bocorning coocerncd about propos,d sales or lhcsc lands. but bocalllC our cxmlitution ••l'• 1h11 you ncalcd to maximize revenue lhey ,.aa, 't able to ha1•e their voice heard on this issue. 11 has been an issue that a IOI or odncators have been concerned about IS well . bocaule a lot oitimcs land will be put up for dc\'clopmcnt 1'1>ero the ICIUll fiJcal impact on the schools. due to crowding rrom this dewlopmc•~ -.Id cxceod the m«nue corning into the schools. So. he nolod. this WIS one ol Ibo apponunitics when: all lbese groups got together ■nd put lllis issue in front ol "'11ers this year. Whele they ~ a>ntinue 10 usc l■nd 10 g,:ncr■tc m<enue for the schools. but ii would also add Olhcr isucs IO take lllluru values. open space lJld wildlife concerns into a,nsideration IS well as the fiscal impKt 1h11 any dc\elopmcr.t may have on a local public school . to Ollke ~ th■t schools are able to provide the bell oducation polliblc ror their children . Mr. Buzby said th■t th■I is I very quick b■clcground aad be would be glad 10 IJ1IWU any questions. He said I SIDlplc resolution may have~ included in Council's packet with infOl'il\ltlon on this issue. He asked ror Council's cndoncmcnt of this initi t ti,-e. Ht ■dvisod lhat lhey ■re tallcint 10 1 variety or city coancil"s thi s C\-cning across the Denver metro area, because they arc leaders in their ccimmunities. That it is \"Cf)' important and then: is a lot 10 think about this clcaion year. lhcrc an: a lot or issues and this , ; one way folks c■n look up and sec what you lhinlt on this issue. He said he would appreciate Counci l·, endorsement of this issue . • •• I Mayor Pio T-Hlbeoicbl aid lbal lbc llllioYld the Colando Mtmidpll I.cape 1111 llken a paliuon in IUPPO<I al tllis iauc. Mr. Bwl,y ldvilod tbal they have. Council Member llalbnay oom-.1 lbal the oa,.., Regioml Council atOoYcmmcnu bas also...., a paliuon at supponin& the 1auo. 7. N1s11 ... leolVlollon (a) :my 8enwd. 2763 WOil Long Drive, Li11Jc1on, a member the Mayflower Consreptional Church. Slated dial he wanled 10 review wilh Council a program tbc Church bu been working on for tbc ))OSI 1CYC..t months. He noted the program bu chwn 10mc auCDlion flom Chy llall' and lhc Council . Mr. Beman! advised lhal they n,c,:ivul a lcllcr from Mayor Bwns a oouple al moolhs ago in query ID a swvey they~ doing at thal time, in the liner pan or July . He said he wowd like 10 share copies ol lbal rq,o,t wilh Council . He IWcd dial Ml)&wer bu been a long time pan ol tbc Chy of Englewood. ii MSfil'5t COllllnlCtCd in 1904 and the comentooe laid in 1910. Mr. Bernard CDGIIOCIIICd that he bu been a mcmba since 1950 and OYCr tbc years tbc same lhing has bappenod IO Mayfl.....,. lhal has happenod 10 many Olhcr chun:hes. Thal is 1h11 tbc membership has dwindled. the rather larfC Church school that they bad in tbc 50's, ,ome OYCr JOO children in tbc Church school, have powa up. mowd away and Id\ m>w-siJII pmnll and many a/lhooe have pu,od away . He IWOd llaal the-om lilie is 1h11 tbc coag,<plioo has dwindled IO the poinl that they realize they nood IO do IOIDCthina to IC\'illlize and perhaps rccapcun, ,ome a/tbc worlh that~ bad in ill earlier days. TIMn ~'IS a time when Mayflower MS really tbc social center in the norlh end olEnalcwood and he said, lhq• wowd like to regain some a/that. He advised thal they UDO ertook a cbwdl renewal program IO Ir)' and accomplish that. One or lhc piuzs of that program MS 10 listen c:an:fully IO the aeighborhood and the ,'XlmmWlity to sec what the needs were. He said lbal is whal drove the IW\'C)' that they did in July. Thal is aloo •iw has driven tbcir calling of IOMI meetings, on tbc second Monday of each month. He advised thal they ha\'e bad ooe ol lbosc, lbal it MS well attended and they leanlcd I lot by listening IO their oejai,bors and friends in tbe neighborhood . He said that be wanted lo stre • lhal Ibis whole program is III outreach program of tbc church. Mr. Beman! COIIUDClll<d that wbeD they bepn the program they bad no particul ar agenda Olhcr lhlll 10 have !hose meetings and give people a fonun in which 10 spcalt their minds and voice some or lbeir concerns. He said they beard a number of lhose concerns and frankly they baYe been uked why they did DOI involve tbe City earlier on. He DOlod tbal they lboughl aboul 1h11, but that they inl<ntionally drcided DOI IO do that for tbc ....,. that they Wllll lhis 10 be a Mayflower program OOl a City program. NOi that they have any pn,blem wilh the City, bul he said they wanled Ibis 10 be a indcpendenl listening post. if you will . He Slal.cd lhal their inlCDI WIS 10 sec Whal they could do abool solving some orthc problems or help them be solved through the use of conlacts ,..,th lhc City staff. Council , whofflC\-cr ii sccmcd appropriate IO answer questions. He said thal as be listened 10 amcerns during lhat finr 10"11 ball meeting, 1h11 it oocmcd to him that lhcre were a number or lhcm centered around some confusion, misunderstanding about what peoples rights or responsibilities are as homeowners. Specifically for instance, with respect to trimming or u= and so forlh . Comments ,....,.. made that we booght the property OOl kncn>ing whal those respoosibilities were and that they have incurred some real financial obliptioos • the cost or !rimming trees and so forlh . That.. be said. is a typical kind of example. So, be adviicd. they are lool<ing IO sec whal lhcy can do IO help people get io touch wilh the proper authorities IO help them wilh those problems. In a nulShc:11, be said. this is a church oulICllch program, ii was never inlended IO be anything else. He noted lluu he understands there is so me confusion and some question about what ii is lhcy are up IO and thal be hopes he bas allayed some of lhose fcaB as he has shared wilh Council their inl<ntions for that program . Mr. Bernard shared copies or the repon wilh Council and copies of an invitation 10 tbc next lown meeting . He advised that e\'cryonc is \\'CJ comc to come. 8. Commoaicalioas, Proclamatiou ud Appointments (a) A pn,cllaMlan decluina die Mil tC'Otlcber 6 tluuullh ll. 1996 u PL-,, h~,:nuon Wa WU considered. COUNCll. MEMalR BA1BAWAY MOVU, AND IT WAS SECONDED, TO PROCLAIM THE WEEK OF OCTOBER 6 THROUGH 11, 19' I AS PDlE PRIVINTION WEIK IJII TBE CITY OF ENGLEWOOD. Molioo CIJTicd . Ayes : Nays: Aboonl : Council Malbcls Halhaway, Vonnilll&, Wi~ns. Rabenlcbt, w ggonc,. Clapp None MlyorBums A prod-.. doclaring thc -th of October 1996 u Crime Prevention Month was COUNCIL MEMBER BA 1BAWAY MOVED, AND IT WAS SECONDED, TO PROCLAIM TBE MONTB OF OCTOBER 199' AS CRIME PREVENTION MONTII IN THE CITY OF ENGLEWOOD. Ayes: Nays : Aboellt: Motioo earned. Cooncil Members llatha1\'ly, Vonnittag. Wiggins, Habenicht. Waggoner, Capp None Mayo r Bums Mayor Pro Tern lllbenk:ht.,...,....,.. the protlamalion to Crime Pmution Officer Nancy Peterson . (t) A proclamation declaring the month of October 1996 as Bl'C2St Canter Awareness Mooth . COUNCll. MEMBER HATHAWAY MOVID, AND rr WAS SECONDED, TO PROCLAIM TBE MONTB OF OCTOBER 199' AS BREAST CANCER AW ARENJ:SS MONTB. Motiooturied. Ayes: Council Memben Hathaway, Vonnittag, Wiggins, Habtnitht, Waggoner, Capp Nays : Absent: None iayorBums Council Member Halhaway sugosl<d that Council send thc proclamation to Dr. Willi am E. Jobe with Radiology Imaging who is bucd in the City of Englewood in the Fira Interstate Bank buildi ng . She stated lhat he is one of the ro.....-cxpens in thc nation on breast cancer and his wife just recently passed ,,..ay from breast cancer. Dr. Jobe, she advised. bas established a foundation in his wife 's name . As it is an Englewood based business. she felt it would bt appropriate to send the proclamation to that location . (d) A proclamalioo declaring the day of October 9, 1996 as Natural Disaster Awareness COUNCIL MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO PROCLAIM TBE DAY OF OCTOBER 9, 1'96 AS NATURAL DISASTER AWARENESS DAY . Ayes : Coundl Members Hathaway, Vorminag. Wiggins . Habtnitht. •• Waggoner. Clapp I Na ys : None I Mayor 1luns Motion carried. (e) A pn,clamatioo doclarins the-" oCOctober 20 thnJush 26, 1996 11 NalioMI Business Women's Week wu comldeted. COUNcn.. Ml:MIIElt HATHAWAY MOVED, AND IT WAS SECONDED, TO PROCLAIM 11lE WEEK OF OCTOB!lt 20 fflROUGB lS, 1"6 AS NATIONAL l!tJSllffSS WOMEN'S WEEK IN TH£ CITY OF ENGLEWOOD. Motion carried. Ayes : Council Momben Hathaway, v~ Wiuim. llabenicbt w-. Capp Nays : None Aboenl : Mayor Buns Mayor Pro Tem Habenicht preser,tcd the proclamation to Shirley Rldwds. Pmident and Holly Glcifom, Second Vice Praidcnt oC the Ens)ewood Business and Professional w ....... ·, Orpnizalion. (I) COUNCll. MEMBER HATBAWAY MOVED. AND !TWAS SECONDED, TO ACCEPT WITH REGRET JOHN FERNSTROM, ID'S LETTER OF RESIGNATION FROM THE CLEAN, GREEN AND PROUD COMMISSION. Motion carried. Ayes: Council Manben Hathaway, Vormi111&, Wiggins, Habenicht Wagc,,cr. Clapp Nays : None Absent: Mayor Bums (g) COUNCll, MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO ACCEPT WITH DEEP REGRET DON nn.LERTON'S LETTER or RESIGN A TlON FROM TH£ ENGLEWOOD WATER AND SEWER BOARD. Ayes: Council Membcn Hatha\\11)', Vonninag. Wiggins, Habenicht. Waggoner, Clapp Nays : None Absent: Mayor Bums Motion carried. Council Member Hathaway suggcsi.,d that"" send 1n appliCllion. in light oru,e fact that Council needs to d<> board and commission appointmc!>t.s anywav. to Mr. Gray Clark . She said she assumes Don Fullerton has a reason for aslting for him. but that she i,els Coun cil needs to interview him as \\1'11 . 9. Publk Bearing No public hearing was sched uled befon, Council. 10. Cons<nt Agtfldl COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSEI\T AGENDA ITEMS 10 (1) (i) THROUGH (v) ON FIRST READING. (a) Approve on First Reading ~Cllyc-tl Octlloer7,1"6 .... (i) COUNCil. BIU, NO . 49 , INTllOOUCED BY COUNCil. MEMBER HA11''AWAY A Bill FOR AN ORDINANCE REPEALING TITLE 5, OiAPTER I, OF TIIE ENGLEWOOD MUNICIPAL CODE ljl15 l'eRTAININO 'l'O OENEllAL UCENS.E PROVISIONS AND RE- ENACTDIU A NllW CHAi'TEll I. (ii) COUNCIL BILL NO. SO, IN'IllODUCED BY COUNCIL MEMBER I!ATI-lAWAY A Bill FOR AN ORDINANCE REPEALING Tl11..E 5, CH/\P'raRS 2A. AND 2B, OF TIIE ENGLEWOOD MUNICIPAL CODE 1915 PERTAINING TO AMUSEMENTS , PUBUC DANCES AS waL AS AMUSEMENT DEVICES AND RE-ENACTING A NEW CHAPlcR 2, AND WHICH REMOVES AMUSEMENTS FROM ORDINANCE N0. 2', SERIES OF 1996 'VHICH PERTAINS TO TIIE MORATORIUM OF UtENS.ES IN TIIE CITY OF ENGLEWOOD, COLORADO. (ii i) COUNCIL BIU.NO. 51 , n-rtllODUCED BY COUNCIL MEMBER HAlllAWAY A BD.L FOR AN ORDINANCE REPEAL:N G TITLE 5, OlAPl'ER 4, OF TIIE ENGLEWOOD MUNICIPAL CODE 1985 PERTA!'NING TO FOOD VENDORS AND RE-ENACTING A NEW CHAPTER 4, AND WHICH RENIOVES FOOD VENDORS FROM ORDINANCE NO. 25, SER.JES OF 1996 WHICH PERTAINS TO TIIE MORATORIUM OF UCENSES IN TIIE CITY OF ENGLEWOOD . COLORADO . (iv) COUNCU. BILL NO . 52, INTRODUCED BY COUNCIL MEMBER HAlllAWAY A BIU. FOR AN ORDINANCE REPEALING Tl1U: 5, OIAP'JER 12, SECTION 8, OF TIIE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO ARBORIST AND ENACTING A NEW CHAPTER 14, AND WHICH REMOVES ARBORIST FROM ORDINANCE NO. 25 , SERIES OF 1996 WHICH PERTAINS TO 11iE MORATOKtuM OF LICENSES IN TIIE CITY OF ENGLEWOOD. COLORADO . (v) COUNCU. BILL NO. 55 , IN'IllODUCED BY COUNCU. MEMBER HAlllAWAY A BD.L FOR AN ORDINANCE APPROVING AN INTER GOVERNMENT AL CONTRACT BETWEEN TIIE STA TE OF COLORADO AND 11iE CITY OF ENGLEWOOD , COLORADO, REI.A TING TO THE LAW ENFORCEMENT AS SISTANCE FUND (LEAF) PROGRAM . Voi. n,mlls: Moti on carried. Ayes : Council Mcmbcn Halhaway, Vormilta g, Wiggins, Habcnich 1, Waggoner. Clapp Nay,: None Ab5cnt Mayor Bums (b) App rove on Sa:ond Reading •• • nae_,,• ilea......,. a. approvaa ,---nodl111- 11 . O.-.-........... Modou (a) AppnM OD Finl Rading (i) Housing Spcdalist NcslJer presenlcd a rccommcndalion from the EJl&)cwocd Housing Authority to adopt a bill ror an onlinanoe approving lhe Ille of six Project BUIU> propcniCll. He IIIIIOI thal lhis ii I "'I-to ..u properlics Ibey have ""'l'"r..s ror the pr,ijoct BUllD program . Mr. NCSller adv!Jcd lbat they are dispened .......s l.c Cil)', they will be building oew boma OD tbCII: lilcl and they will be sold 11 muta value. He aid lbat -or them are Wider CXIIISlNc:UOII II lhis lime. In raponse to :ouncil Member Vormilll&, Mr. Nailer advilcd 1h114801 Soulll Gnat SUeet is uadcr contract The City Clerk was asked to rad Council Bill No. 41 by title: COUNCll. Blll. NO. 4&, INillODUCEO BY COUNCll. MEMBERHAlliAWAY A Blll. FOR AN ORDINANCE APPROVING rnE SALE OF SIX PROPERTIES. WHIOI WERE DEVELOPED FOR TIIE "BUill)" PROJECT, ON TIIE OPEN MARKET. COUNCil. MEMBU: HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (I) -COUNCU.. IILL NO. 41. Ayes : Col&Dcil Members llalhaway, Vormilll&, Wiggin$. Habeaicbl. Waagoaer, Clapp Nays : Noae Absent Mayor Bums (ii) Housing FiDaDCC Spocialist Grimmeu praenu,d • nxwnmewlNio• from lhe Englewood Housi11& AUlhority lo adopt a resolution approving an application for Community Oe\·elopDlCJll Block Grant funding. She ad\'iscd thal lhey are requesting lhe 111DUa1 applicalion 10 be wbmiucd 10 Arapahoe Cowlly ror Ille 1997 rundillg of Jie Community Oevelop,na1t Block Grant Program in ooler to funlier tile City 's rehab progmn. to continue our Broact..-ay Corridor Project Oe\'elopment. "·hich is a housing replacement prl)lrllll, and 10 rund lhe Housing Authority 's Family Self Sufficiency Program. So, she noted, it is their annual r<qUCSI lo be able to apply lor the fimding. tba1 the rundillg is automalically resen-cd In the City 's 111111<, bul WC still ha\'e lo appl y. spelling OUI CXldly I>< •. Ille funds will be used. The n,solution was assigned a number and read by 1!:: •. RESOLllTJON NO . 77, SERIES OF 1996 A RF.SOLlJTION BY TIIE OTY OF ENGLEW1)()D AUTI-IOlUZING THE HOUSING AlTTllORITY OF THE CITY OF ENGLEWOOD, COLORAOO TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 1997 COMMUNITY DEVELOPMENT BLOCK GRANT TO FUND THE HOUSING REHABII.IT A TION PROGRAM. THE BROADWAY CORRIDOR PROJECT AND ASSIST W11li THE FUNDING FOR THE F AMil. Y SELF SllmCIENCY PROGRAM. COUNCIL MUOH HATHAWAY MOVSD, AIQ) rr WAS SICONDID, Tv AWROVI AGINDA mM II (a) (II)· RISOLUTION NO. 77, SICIUU OF 1"6. Motion carried. Ayes: Couacll Mcmbon llalhawly. Vannhlag. Wiggins, Habenlch~ w...-,. Clapp Nays : None Absent Mayor Bums (iii) Director Ellterly pracnled I _,,..mcwlllicm """'the Depar1111t111 atNJlit \\'orks to awanl. by IDOlion. a contnc1 for Santa Fe landlCaplng. He advised lhal lllff l<l0Dllll'llellll awarding I 00IIIIJUCtioa contnc1 and the lfflOWl1 shown OIi the Aaeada needs ID be leYilOII to $458 ,125.70. Mr. Eswly aaUd that they l'000IMIClld the contnc1 be aMnlod to LandUd1 Landscaping, Inc . for the constnlClion at South Sanll Fe Landscaping ~ I. He DOUd Council pn:viously ..,.,..,..... funding for Sanll Fe landscaping, lhal the tolll dalp "'' complcled in Seplcmber of lhis year and ii is estimalcd ID cost a tolll ol $2 .2 million . Tbe Tri-Olles poup ... 1 priorilizt>d landscape lmpRMmalU ID mee1 available lundin1 and, allhough ""'11e f'llnding Ibis pn,jecl lhis i, In flCI I Tri.Cities pn,jccl""' m carrying ouL He aaUd lhal four bids """° roocived on Seplembct 15" nf lhis )'Cir 1h11 11e dellilc:d on the allachcd bid llbublion. Bid documents that wen, poq,arcd allOMd for deletion of """1t If the bid exceeded project funding, he advised . The low 10111 bid ~\at they rec. ~vcd was over $780,000 .00. They mluced the scope o(the project .. -,.1 rrcoaun,nd cldcting COIISffllClion »f lhe rc11inlng walls and IJSOcialcd cuth ""rk II tllc Hampden inlcn:hangc ponion of the projccl . He staled lhi• will reduce the conlrlet amounl by $322 .000.00, ID the tolll award lhal they 11e ru:ommcnding . AdcqUlle funds for~";;, projecl 11e available wilh the approved budget at the Santa Fe landscaping 1h11 they ba"" IOI aldr. fbr City beautilicalion . He said 1h11 for a lillle more darilia:ion. their lbrther ln1cn~on wilh llmdin,& 11>11 has already been through mostoflhc reviewproccss f,,rthe 1997 Budgel. woold provide $200 ,00(, 00 for • additional landscaping. So, be lllllcd. lhey cxp,rl 10 come beclt rind have the ,,.ry ncx1 projecl be 111 l'CSlor. the I ctaining \\'Ill pn,jecl 11 Hampden . He said be would be glad 10 IJlJWCr any questions. Council Member Vr,nrulla• cd if lhis is port of the $500,000 .00 that we received from COOT. Dirte1or Ellcrly sud 1h11 1'his $500 ,000 .00 is the funds that CD."'" had allocalcd for landJcaping work on Santa Fe. :U.r. Vori.!itllg ~<Ir.al if 1h11 also includechame of 11,e ' tlleton wort down lhcrc . Mr. Ellcrly !ilalcc'. lha1 all of lhis wort is wilhin the City of Englewood and City of Sheridan city llmits . He said 1h11 none oflhis wort is in the City ofLilllcton. lhal i: stops II Big Dry Creek . Cooncil Member Vorminag asked if, in 1h11 cue. they w,U no! get any nflhi; moocy for lhcirJandlcaping, Dirtelor Esterly said lha1 be will go beclt to the Slllcmenl lha1 this is 11111 n,,amrily our money either, lhis is CDOT's money 1h11 is being spcnl hcR. He commen ted Iha! he is,.,,." lherc will be future projccls 1h11 will come DUI ol'the Tri- Cities ~ and lllnding for lhose projccls will be joint projccu. The neXI big projecl !hat COOT has on Santa Fe itaclf is the inlcn:hangc al Santa Fe and cppwles and improvements 10 1h11. Although, Dirtelor Esterly OOlcd. they art entirely "ilhin lhc city linlits oflhc City of Li11le1on he expected lhal we may have an interest in doing whatever is ncoessary to make that be as Altrac:t.ivc as we al! want thttt to be . Council Mcmbtr Waggoner commcn~ that there is,. lot of difference between the cngincc:r 's estimate and lhc low bid. He asked if he jusr .,oofcd or if ii is a bad time 10 bid landscaping. Director Esterly agrtcd thal lhcrc is a lot of differ .-nc. and ••.a1 he was nae sure they can =~• any of those questions . He said that lhc amsultanl 's fall back po,!uon is lhat lhcy !died on cost estima1ing numbers 1h11 were provided as standard cost estimating nwnbcn by the Dcpartmcnl ofTransportation and they did not work in the case of lhis low bidder. He said they can look back and forth 11 all lhc individual bid ilcms too , bur really their experience is 1h11 lhc individual bid items art 1101 as occur-ale as lhc 1otal bid estima1e . And of course, he nolcd, they really missed lhc lotal bid cstimale, thal ii i, very far orr. • • • CGw,cll Mcmller w......., asked If• ...W rHld or wllll ~ Director Etletly'a teCOIIIIIIOlldaUon bo. Director Ellcrly aid no, 11111 wbll 111...._ we lllNe llere la 1h111h11 la wbll Ille value ol lllo-" la and 1h11...., do not have_..,_,. _.10 do ew:rythlaa that we asked b . He ...S that Ille proceu thal liey-duouih-to tellllly llovo !ilo.-.lllDl doaip Ibo IMR,rqjocl. wlaich II their atlnlhla IIIDdlnlo that thcy 111w lltOd ii • 12.l mllllon, whlcb already teUa • tba1 l1lol ii more like a SJ lllillloa pn,joct. He advlsd tbal. mi"I IIMJle awaben for the llldivldual QOl1lpOIICIIII, wc pared down the bid pocbte buod on tholc esti.-10 II)' and bit $500 ,000.00 . In rcspon,c to Counci l Member Waggon<r, Director 'Esterly confirmed that It ii lboir rcaMMICOdatio n that we uvd it witll ......_ iplficant clddions of portions or the pockage that 1R clearly definab le and perhaps 1cast or the ovcru1 in1aa1 of tbc atlire Trl-Cilk:a group 100. COUNCIL MEQER HATHAWAY MOVED, AND IT WAS SECONDED, 10 APPROVE A CONTRACT WITH LANllTECB LANDSCAPING , INC IN THE AMOUNT OF 5451, 125. 70 FOR SANTA n: l.ANDSCAPING. Motion carried. Ayes: Cooulcil Mcmben Hathaway, Vormittag. Wiagias. Habealcbt. w....,.....,Clapp Nays : N.- Abscnt: Mayor Bums (iv) Manqcr S~ p,aenlCd a fflCOIIIIDCl>Jation from the Olllcz or Neighborhood and Business Dcvclopmont 1h11 Council set a public bearing on NO\'Clnbcr 4"' to consider a bill for an ordinance m-i sing design guidelines for large rttail busincascs in Englewood. Mr. Simpson sai d h< is 1,-ailablc for questio ns. Mayor Pro Tern Habenicht. after looking II lhc Agenda, commented that !hey arc n:commcodi ng. not just the public bearing. but that Council im:s dlt cow,cil bill on finl rading. Manager Simploa said !hey would like Council to sct the public~ and llflPO\'C the ordinance on NO\'Clllbcr ••· As !hero wa, ,omc confusion. City Auomcy Brntzman clarified that Council has been asked to pass this council bill on first reading tonight. but the)• would then have a public hearing and. at the next meeting immediatel y following tlla t. Counci l would ha,-c second roading . Counci l Member Hatllaway asked if. in essence, this council bill reflects almost all of tbc provisions of original Fon Collins ordinance that they all asked for information . Manager Simpson said that for a significant pon it docs . He adviacd tbal i.r. have been small changes, that those IR primarily to rcll eci ~ of the natllro of our existence berc in Eaglcwood. Probably tbc biggest thaage is 11111 the square fOOllge requ irement. ofwhca theac really apply, haa b<en roduccd. It is ocr.v at 20,000..,.... feet. It also r;uggca,, Iba•. this on!inanu be ccnsidmd II a guldclinc for rcdcvclopmcnt projects. Wbcrmy, he said , if you llavr. a project suc:h as a Trolley ~ or King Soopm that is enlarging, and tl1is is also addressed in Ille 2.sr"ng ordinance. that if it adds oa a ccnain pcra:ntagc that these might be considered to be a rodcvclopmmt projoet and would be coasidcrod to be a guideline . That would be lllfflClhing that Ille Planning Commissi on felt "u lmpollant ia I.bat 1ns1aaCt;. Additionall y, the Fon Collins ordinana: for example, had where facades exceed 100 fed in length would be r<quirod to have some aniculation occur, this onlinanc:c requ ira that artitulalion occur in 75 foct. One additional provision that kic:lts into place here is that the Fon Collins ordinance required thal no moro than 50%ofthe parlting be placed bct\,un the stn:ct and Ille front facades oftl1e building and tllis ordinance would pcnnit no more than 703/, and 111c romaining JO¾ be on 111c sides or to the n,ar of the bu ildings . ....._.ai,c-11 Ocelller~,ltN ,.12 Council Member HalllaMy ukcd If that wu ~ llaod on lbc ll)'out oi lbc Clndelella Chy 1ile, PJannlaa and Zoaiaa'• tecommeDdallons after laakia& 11 tbll. ~ si....,.. said no. that Is bued on.....-6-1111Plluinallld1.oalaaC--..••be---...u.icflml Eaglewaod'1penpoclive0Dwllcrepu\lqmay ...,__.daolwaloipn,joc:U. lle-he'-YSit 6-dull llllldpoinl 11111 tberc were -l'lllmi"I O e M•Jne"" dlat -Ya)' I_,,,. In tlldag a look ll OOIIIWIICI' sboppi111 plllCnll. He nolOd -peaplc aid thal lhey ~ DOI want lo F 10 a place where tbcR WU • lat o{ pomng on lbc lide or II Ibo ,w, llloy Wllll 10 be able lo part out flant. So, be advised, the sull&Cllion WIS made lo place 70% and 30% lo the sidrs and IO lbc nar. He aid it WU. compromuc po<ition to accompli ,~ thal. It -alto permit the Cindeldla Ci~ ~to plan, u it is cunenUy belna dl.....i. lo be Ible lo mow ib.rwanl. The City Clcrlt was ukcd lo rad C<t ,rd! Bill No. 53 by Utle : COUNCIL Blll. NO. 53, INillC>r1llCED BY COUNCil. MEMBER HA THA WA A Blll. FOR AN ORDINANCE AMENDING TI1l.E 16, ffiAPTER 5, BY CRl!ATI'I G A NEW SECTION 25, AND AMENDING TITLE 16, CllAPIER I , SECTION I. OF 11hl 8 'GLEWOOD MUNICIPAL CODE 1985 ENTJTI.ED DESIGN STANDARDS AND GUIDELINES FOR LARGE RETAIL ESTABLISHMENTS . COUNCU.MEMIIER HATHAWAY MOVED, AND !TWAS SECONDED, TO APPROVE AGENDA ITEM II (a) (lv) -COUNCU. BD.L NO. 53. Motion carried. Aya: Council Me-. HalllaMy, Vormiuag. Wigins. Halicnich~ Wagoaer,ClllJII Nays: Nooe Absent: Mayor Bums COUNCU. MEMIIER HATB ,IWAY MOVED, AND !TWAS SICONDED, TO SET A PUBLIC BEARING ON COUNCU. BD.L NO. 53 FOR NOVEMIER 4, 1996 AT TBE REGULAR COUNCU. MEETING AT 7:30 P.M. Ayes: Cooncil Members Hathaway. Vonnittag. Wiagins. Habenicht. Waagoner . Clapp Na)~: None Absent: Mayor Bums Motion carried. (Y) Manager Simpson prcacnted a recommendation from the Office of Neighborhood and BusiDCSS Development lo adopt a bill for an ordinance rtYising child care zoning iSS\JCS. He llalCd that SUff recommends that Council approYC OIi fil"II rt.tiding INS ww--::; LliU which proposes an amendm<Dt to the C<tmprd,cnsivc l.oaing On1inance as it pertains to daycare in residential wne districts and to schedule a 5CCOod and final l'tldiDg IO~ Ibis amendment on Na.-o1"bcr ,~. Council Member Hathaway uked if it wasn 't llUC thal they want a public bearing on this illUC as weU . Manager Simpson said that yes it v.oold be a public bcariftg on November 4*. as he understands it Ms. Hathaway pointed out that Council docs not do second readings on the same nigh1 u public hearings, thal they eslllblishcd a policy ol doing ii al the following ..-mg. Mr. Simpson commented that that is why he needs bis very bdp(ul staff here to assist him lo gel him through these things. • • ....,....aa,c-111 Odller1,I"' ,.1, Mayor Pro Tcm 111d dlCII Cowicil will -CID this~ CID llnl l'Cldilla IClllipl, rapaUDa l'lll tll:R be a-. to bold Ille pullllc beerial Clll die 4• alNoYelaber ud ta !MR wouJd be a oec,,-1 n:adiq roi1ow1aa ID0lher ~ C11y ~ 11ro1zaiu c:larilled 1h11 followina the NoYC11111or •• -ina wouldbc~n:adiqCIDNowemliorl ... Council Member Hallla~ ~ 11111 tberc ,._.,... pcaplc ill Ibo audlcnce IIJlllal>l lbat Ille -surc would be comill& down for 1M pullllc heari-,. She said ber oaly caacau Ilic bas about this is that yes she undcnlaDds lbat Z1D1W11 ii by -dlacriminaloly, 1-11,o wondcnd if""' arc DOI somewhat ltlllaa up a elm lltullliClll wllae pcaplc that bappcn to own a cllild"""' rosldoacc iD R-1-A are paying a $75.00 foe, ncnu OIIOI ill R-l•A or R-3-A arc IIOI rcqumd to do !bat because Ille)• arc DOI considered a oonditioa&I UIC. She staMli lbc wouJd likc to eocouragc llalJ, bdon: the public hearing, to worlt with the people lbat an, ill tbo adicll00 this CYCll!ng. bccaUIC Ibey arc tbo expens in Ille child care busineau farusht isconccmedud-altllemarc in R-l·A. Cowicil McmbcrWiuinuaid thal is u fll!' u she is conccmed. She aid * wouJd just like to ,uggcst that stall' look It ane al tho<c aina:ms bdon: the public hcarina if Ibey cu. Mayor Pro Tem Habcnicbt asked tbal Muqcr Simpson t:xplain bow the Cooditioul UIC would worlt on this. Mr. Sinq,mn slated lbat Conditional U... u with any Conditional Use within tho Zoaing Onlinanc:e, requin:s an applic:alion to come f°"'ul. a polling of the request and notlllcalion to ldjacoal pn,peny owntB. He said that at that time a public hearing is IOI with the Planning Commission to hold 1 Conditional Use bearing and Ibey br.'C an opportunity to come bdon: tho City Planllina and Zoning Commission to request the Coaditiollll Use to be heard . He explained lbat then: will be criteria within the Zonina Ordinance u it pcnaim to Conditional Uses, it will br.'C to be CXlllSidCJ<d, it -..ill be an opportunity for raidcnts in I panic:ular aapborhood to saand and either testify for or apimt I particular Conditional Use. The Planning Commission then has the ability to make the final decision on that. Mayor Pro Tcm Habcnicbt aid lbat if this is paucd on finl and second reading as it is ix-ntcd bcn:, lll)t,ody who hlppcm to bavc one II this pllticular time ..auld bavc to apply for I condilional use to be permitted. Manager Simpson said tbal tbal is tOm:<i . The City Clerk 1>U asked to =<I Council BiU No. S4 by tiOe : COUNCIL Bill NO. S4 , INTRODUCED BY COUNCIL MEMBER VORMITT AG A BILL FOR AN ORDINANCE AMENDING TITI.E 16, CHAPTERS 4 AND 8, OF THE ENGLEWOOD MUNICIPAL CODE I 98S PERT AINlNG TO THE REGULATION OF HOME DAY CARE FACILITIES IN THE R-1 -A ZONE DISTRICT . COUNCil. MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (v) • COUNCil. BILL NO. 54. COUN Cil. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AMEND COUNCil. Bll.L NO. 54, BY DELETING SECTION 16+1 AS IT RELATES TO R-1-A, SINGLE FAMil.Y RISIDENCE DISTRICT. Mayor Pro Tern Habenicht asked Council Member Waggoner lo explain what that docs. Mr. Waggoner Slated that it essentially keeps the R-1 -A Zone DiSlrict the same as ii is now. fn:c from any child care facility . Mayor Pro Tern Habenicht staled that she would like lo speak lo the lll'Rrndmenl . She stated that she will • be voting agairut the amendment She said she belic,•cs that there was a real a,nccncd effon. that she Cllyc.-11 Octoloar ,. "" .... , ~ dis lsu ~•she kmwl 11111 tlley lllked a lal abaut homo 00Cllpllilms and that thi s was a lpedal -al bome acx:upldam. SIie DOied tlley Mve bad I number al poaplo COIIIO lbrwanl bolll raidcnlswidlln the City, poaple "'""'""' willlln die Cily, lllkina abaul the cplllitytl&mily homo child c:an and I.be fact thal we do have a number al day can, tlamea. She opi.Ded 11111 die aalrba done I reall y good job alpunlq ~ a compromlte polition that proeec:u the lntqrity ol"l.be R•l•A. single famil y raidm:c tllstricl and• I.be -time provides far I.be people "1lo live In the R-1 -A lhne IC have neipbcnood clllld can, tfdill ln'llat tlley dam. h abo pnMdes forthosc poaple that live In tbc R-l·A to make mn, 1h111hccplllityaft.belr life 11 noc """""'8lil by the p,acnc,: of this type oCday can, home. Sbcpainted OU1 Iha! this does 1101 pcnui~ ill I.be R-1-A w ne, large day can, i.-.or centers, but just six c:bildren dwina the day, r,,o chlldttn bebo and after IChool. Ms. HJbcaidll IIOled that that is not much dillaail llw1 some big fimillcs used to be. SIio said she feels It is a ........... compromise and by mwn,; it I Conditional Use she believes that I.be bepily alt.be propert)'VIIIIOI altlleR·l·A are _,..i. So, I.be lllled, she will be Wling apinst the amendment. Council Memb:r Cllpp swed that she would just have to ag,ce with Mayor Pro Tcm Habenicht and for public rcconl she would lie for it to be written thal Ille will also be Wling apinsl ii, because she thinks that tbc siaglc WIiiiy residential diSUict is alpal """°""' to our community. She said she thinks it provides. what "~ are talltlng about is infant and laddler bome can,, day care, and if it is DOI included then .... Slid she can't in good consdena: vote far IL Council Member lfadlaway IWlld that she will also be Wling apinsl the .......,,_ because of the fact that she bdiC\.., that cwrybady in the City has kids, it ~•t .-ter whether they Ii\~ in R-1-A or R-2 -A and she said she thinks tlley should ha,~ the same alfonlalrility and ability to obtain that chlld can, in their awn neigt,borboods. Sbc opined that they should also rdlect what exilU alrady In tbooc ncigJ,barl,oods and the fact that most o(thosc kids cared far in R-1-A right now In~ ill R-1-A and~- happen to be a cenain amount of child can: homes there alrady. She said she would hate to tlike away the lbilily althooc panicullr people who have been proYiding ca~ for up to twcnl)' Jurs or mort . to coati,-to provide that care to tbooc n:siclents in that .. vne area. Ms. Hathr1'-ay StlllOd that she thinks that is a Ital diuervice to kids in this community and a n.~ disservice to the child can, prmiders in this oommunity that there is I discrimination between wh...-re you li ve and where you happen to have a household. Vote .--Its OIi Ille amt11d ... 1: Ayes : Nays: Absent: Motion defeated. Council Members Wiggins. Waggoner Council Members Hathaway. Vonnittag. Habenicht Clapp Mayor Bums Vote ,_.. oa -to approve C,.,ncll BIU No. 5': Ayes : Council Members Hathaway, Vonninag. Habenicht a 1pp Nays : Council Members Wiggins, Waggoner Absent: Mayor Bums Motion carried. COUNCIL MEMBER VOllMTITAG MOVED, AND IT WAS SECONDED, TO SET A FUi<LIC HEARING ON COUNCIL BILL NO. 54 FOR NOVEMBER 4, 1996 AT 7:30 P.M. Ayes : Coonal Members Hathaway. Vonnittag. Habenicht Waggoner. Clapp Na)~: Council Member Wiggins Absent: Mayor Bums Motion carried . •• • • •• • • ........... Cltye.-dl Odller1,J"6 .. 15 (Yi) O.-Ginln•cuadClayClertiEWa,._.., t iMrr-the Cil)'Clerti'10lllc,e1DN0111•....,._llllilla• .. filrtbo iecallelecliaD. Mr. Gryp,wic&ddilned 10 Cily Clerlt EWa 10 addrca 1M prapallil ......_ Ma. Ellla advilOd c-:1111.11 • the ...U peliliam .,._.. boon dccmod mfflc:ieM c-:il lalleiagllllbdlO• • dale for Ille nall tlocllcm. Pl,r Oww, allc explained, the clectlon can be Id anywt,m bclweca December 21• and Fmnwy 3 ... After looklna a1 the calcndat, laldna into CDIMlideralloD llolldo)'s and wrioua llwop. 1-1)' 1,. 1997 ia 1M ..... the Ci1y Clerti ·, offlcc ii ~ al Council '1 diacftlion. She advilOd 11111 tllo Eleclioo Commiaion Im dclumined that the mail bollol dclCdoa (IIOCmlR ia ia the belt I-al oar citizcm. and they hiM held that belief for quire• w1111e-. ML Ellil llaled they are lllklna lhal a mail ballot doc:lioll be Id in aca,.-ce with the Colorado Mllilicipol Ela:lioa Code aodjwl lake ooc port olthc UllifOnn Ellcuoa Code, Soction 7.HorMlil Ballot Elcclioastofac:ilillllcthiaprocodwe. trCGuacil approvos tha~ sbc noted, Paragon Systems will facililale the piDClOl!w<. Sbe ldviood that J'ualoo lad ID be Hooi:tlc'a and thal they ...... the abillly ID do this. Council Member Clapp said she uodentood tha1 !his electi on Clftnol be held al lh.: <aJnC time as the muaiclpol election. She ultod if that ia comet. Cily CiCllt Elli1 cxplainod lhal the Nom'lber ,• election ii ant• municipal election. but that it ia • FDO<al swc clocuoo and per lllo Chana the do.-uon COllllDI be held with that elocuon. The rclDlution "-'assigned•....,.. and ..ad by title: RESOLUTION NO . 78, SERIES OF 1996 A RESOLUTION SETilNG A RECAU. EIECTION BY MAIL BAU.OT WTllilN 1llE CITY OF ENGLEWOOD . COLORADO . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (>i) • RESOLUTION NO. 78, SERIES OF 19'6. Ayes : Council Membcn Vonnitug, Wiggins, llabcnich~ Waggoner. Clapp Nays: Nooe Abstajn : Council Member Hathaway Absent: Mayor Bums Motion carried . (b) Approve on Scoood Reading There were no items subrniucd for approval on sca>Dd readin g 12 . ~ntnl Ditc11ssion (a) Mayo(s Choice Mayor Pro Te,n Habcnichl did no1 ha,,. any ma11e11 to bring bcfon: Council. (b) Council Member's Choice (i) Council Member V~rmiuag : I. He asked Ci1y Mana,..-Clarit where ~ are 11 on municipal IOlid waste. He said he is aware lha1 staff ha:i l,ecn researching this issue . Cily Auomey Brotznwt responded. advising that stair is still working on this issu,. and 1ha1 should be going back 10 Cl ean . Green and Proud . He sta1od ii is jus1 a -m.,... ICllod1dod, ,_.... 111d brouaJ11 bat io Cleu. ONo 111d Proud. Council Member Vormiaa& ..... i!lbal would be 11111,-r. Mr. lll'alzmu aid be .. DOI kMw wbal llleir lClledule is. City Malllp On 111111d 11111 he would IIDol ... whll Ibo.....,. is. He uked i!tlliJ is 1ht hem on the pidalp. Mr. BrolZmaD aid )'111, IUI h •-mtlle IClledlolod c-11 ilems. 2. lie ..... City AIIOmey a.-aboul People vs. Mlllllew Batcbcller oa lludp spilllp aad DOied ~-u,qlber-, Kcvlo U.:., 11 .. npnling 11 ..... splllap. Mr . Bniwnan c,q,lalncd that ~.,.. _ nfflc tickcU UI Aurora 6--aoJllidtlal tnocb ... spilled IOIIIO lludp llklna sludge Dom the plant out to lbe fanm. He IIMod -lbc problem IIU...., ncdlled. Ibey ptll • dam in 1ht uucb. it doem't happen~ But Aulola cilod -mow....,_, oo, he Dlllal. tbcy will defend ~-Mr. Vanaiaq llidthal I•-be-..! IODOW, lfthepn,blea bu been oolval. City Anomey BrolZmlll amlinncd that it bu beea IOIYotl. (ii) Council Member Wiggins : I . He dwlml Chief Moon, for lltiag some actlon OD park.Ing down on Fox Sum. He said he undenwlls -the procedur< is they .., IO call Code Enforoemeat and at the rate they 1110\'t. because of their volume m""rk. they get there at quite a liter time frame after the complaint is called in. Council Member Wiggios said that he noted, in the memo fn>m ChidMoore 1u1 •-odt. that be indiClled he v.-en1 down on bis OM>. Mr. Wiggins commcn1ed that Chief Moore Fl -action down there 111d he appreciated it. 2. He !banked Director Chu k Esterly for his depanment for looking II parlting on Lebow . Council Mellll>er Wigias DOied lhat Mr . !!slut)• illdicaJed 1h11 Neigbborllood and Business De\-elopment is going •• to ioolt into it a little lwtber. He asked if that ,. ... right. Director Esterly said ya. Mr. Wiggins aslted • that Manager Simpoon be advisod that he would like for him to fflO\-e on this issue pretty sv.iftly. 13 . City Muag,r's 11,pon (a) City Manager Clark p......,ted • ra:ommendabon that Council go into Executi,-e Session immediately following the regular City Council mooting to discuss three pending r-eal estate matters. COUNCil. MEMBER VORMJTIAG MOVED, AND IT WAS SECONDED, FOR COUNCil. TO GO INTO EXECUTIVE SESSION IMMEDIATELY FOLLOWING THE COUNCIL MEETING TO DISCUSS THREE PENDING REAL ESTATE MATTERS. Ayes : Council Members Hathaway . Vorminag. Wiggins. Habenicht . Waggoner. Clapp Nays : None Absent : Mayor Bums Motion carried. 14 . Cit,· Atto,,,.y', Report (a) City Attorney Brotzman requesled that Council OlO\-e to allow the City to defend the Honon lav..uit that was filed in Federal District Court lu1 Friday. He said it is unclear whelhe.r he filed a similar lav..uit in Arnpahoe District County Court on Monday . Mr. Brotzman eXJ>laincd that he filed a TRO there and normally you file both the a,mplaint and the TRO. that missing from the courts files is any a,mplaint. He said he does not have one aJ\d tho • the CIRSA attomei· is investigating that currently . He stJtted the motion he is requesting is to dde<,J 1p&i nst the lav..uits iocluding holr.ang harmless the indi\iduals named in those lawsuits. both penon,lly and in their official capacity . He advisod that those • •• illdivlduala a,e CJ1y Ma..., Cwt. Cily M1ome), Bl'DIZIIIAII, EMS Coon1!11110r tnricli and Oid BulJdll,a OllllciaJ SdtL Council Member Hathaway utcd I! the Mayor -.-ioncd In the original com plain t. She said she thought he wu. Clly Allomey Brottman said that ii -in the govcmrnentaJ immuniiy action. He said if be is be would mow that he be defended also. COUNCIL MEMBER HATHAWAY MOVED, AND ITWAS SECOND ED, TO AL!.OW THE CITY TO DEnND AGAINST THE CLAIMS FILED BY THE HORTONS IN THE FEDERAL AND STATE COURTS, INCLUDING TH E DEFENSE AND THE HOLDING HAIIMLISS OF THE CITY EMPLOYEES LISTED IN TR .:!IR OfflCIAL AND INDIVIDUAL CAPACITIES. Ayes: Council Mcmbcri HMthaway, Vonni111g. Wi ggins. HabcnichL Waaaoner. Clapp Nays: None Motion carried. Abser11 : Mayor Bums 15. AdJoun1mtat