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HomeMy WebLinkAbout1996-11-04 (Regular) Meeting MinutesltNGUWOOD CITY COUNCIL &NGLIV/00D, ARAPABOI OOl;l'ITY, COWRADO Novt■ber 4, 1'96 I. Call lo Order Tbc regular .-Jn& of the f.nglc,o:.od City Council wu called lo Older by M.,o'Or Bum, aa 7:;7 p.ru. 2. i.-.u .. Tbc invocation "u gim, by Council Member Wigins. The Pledge of Allepa.oc:c ,..u led by 1"..ayor Burns . 4. Roll Call COW1Cil Members Hatha"~• Clap;,, Wigins, Habeaicbl, Vormilta&, Wauoncr, Burns Abson, A 4uorum wu present None S. Mlnotea Also present City Ma111ger Clark City Allomcy Brotz.nwt Aaiaan1 10 lhc City Manager Grace City Clerk Ellis DiRctor Gryglcwicz, Financial Services Manager of Neighborhood and Business Development Simpson Planning Communi,y Coordinator Still Diroctor Long. Libra,y Services (1) COUNCIL MEMBER RA TBA WAY MOVED, AND IT WAS SECONDEIJ, TO APPROVE THE MlNUTES OF mE REGULAR MEETING OF OCTO&r.R 21, l!lff. Motion carried Ayes : Council Memben Hathaway, Vormi111g. llabcnich~ Waggoner, Clapp, Burns Nays None Abstain · Council Member Wiggins Council Member Wlwns explained Iha! he abstained from the •·Die as he •-as absent from lhat meeting 6. Sd1cdultd Vblton (a) A r,prtscntati\'t from Hamilton and Fa:uz. Allomcy &t La","~"' scbcduJcl to be pn:scnt 10 discuu the Brool<ridgc Shoppin g Ceottcr Planned Unit DcvclO!Jment. Mayor Barris 1'1id Out City Allomoy BIOl7mlD 1111 advllod him 1h11 Ibey will no1 be apcakiaa II Ibis ti-, u this iauc appean lalet on lhc aa,cnda. 11 wbicb tlme Council will be ..uln& 1 public bc:.ring. 7. Noa-tek!it,,led Villlon (1) Ano Nllbbolz, 2990 South DdaWIIC. Slllod 1h11 Ibey fed ii is DON:SSIJ)I lo come beforo Council, to let Council know wilhoul I doubt, thal they suppon lbc COIIIUlllllion of the lllOIIIIOrium . She said they also ask lhal I rezoning for day labors be~ u IOOII as palliblc. Ms . Nabholz opiw.d that thca thlngs arc lbsoluttly llC0CUII)' for 11110 achieve lbc quality of life thll wo desin, and expca from our City Icade:.. She asked lhal everyone. who came 10nigh1 in sappon ol extending the mor.11oriwn, stand. Sevc~ members of the audience stood . Ms. Nabholz lhanlr.ed everyone who came . bul most of all . she sai~ she wanted lo !.'lank Council for lhcir c:omidtnltioa of this matter . 8. Commuicallou, Procl .. atioas and Appol o:meau There were no oommunir.ations, proclamations.. or appointments. 9. l'I.Wlc:Burinc \■) COUNCll, MEMBER BA THAW A Y MOVED, A."iD IT WAS SECONDED, TO OPEN rat PUBLIC BEARING TO GATHER CITI2.EN INPUT 01' THE DESIGN G tl ffiEIJNES ,OR LARGE RETAil. ESTABLISHMENTS. Ayes : Council Meml!en Hathaway. Vormil~ Wiggin •. Habcnich~ Waggoner. Clapp . Bums Nai~: None Motion carried and the public hearing opened . All testimony was given under oa1h. Manager Sim1>SOn ad-,,iscd Iha! this publi c hearing is for Case# OR 96-04 . which is nn amendment 10 the Ci1i· ofEnglC' '00d C-0mprohcnsi,-c Zoning Ordinance 10 provide for large forma l retail design standards and guidclin<c. He sub milled for the record. Proof of Publication of NOii cc of lhi• Public Hearing, "hi ch was published in the Englewood J.iera ld on October 10. 1996. Mr. Simpson explained that these siandards. as they arc prcscnled. '"""' requested by City Council and they""' mcani 10 be a method 10 pro,idc sundards and guidelines lo address qual ity dc\'clopmcnl or large formal retailers in 1be City or Eng!C'l>-ood . The standards arc meant 10 address certain standards of development such as architectural variety. scale , pcdcslrianlbicycle ,.cccss and vchi<"\llar access . He added that they also provide a means of mitigation of negative impacU . Mr. Simpson advised that these Sl&ndards wer< form■ued after lhe Fon Collins onlinancc a.'ld arc simi lar in most aspects. He said lhal these standards also wcro prcsco1ed as a study session item lo City Council b August. they wcr< prc:aented lO the Planning Commission in September and""""' approved and r<00111mendcd 10 be rorwanled lo Council . They wcro schedv!cd before Council on October 7, J 996 and arc now bcforo Council 1onighl. Council Member Vormillag asked whal is c:onsidcr<d brge retail acreage "isc. Mr . Simpson staled ti.at in acamlancc with thi s ordinance it would be any retailer 20 ,000 '.Quate feel or lug,.:r in size . Responding 10 Mayor Bums. Manager Simpson C."J>lllined that ii is a little smaller than the Fo n Collins pr .;vision and that is where some of the applicat.ion of thi s ordinance lw been tailored to fil more of th e needs of the Eng!C\,-ood experience . Mr. Simpson staled that when you have a situation. like Fon Collins 01 Highlands Ranch. whcr< you have new dC\-clopment opponunity , you ha,-c much mor< common "!'PO,tuni ty 10 get out ther< and get larger retailers . Mr. Simpson explained that in thi s particular case. in ___.aa,c-11 ............ ,. .... , EaaJewood, ....... -...... IDIICII -oean 111-IIU lilllllkln. wc Wlllled IO ... -dial ... it IO that il applies mucll -IO die kind tldc¥dopn,cn1 that.,,...,. bere , He said lhat ia wboR ii la coming from . Council Member Habollicbt lllled thal -ol 111c m,Jor _,,. ac bu hcanl, ha poopil .,_ lilllc, Is the large lea olpa,till& aax:lalal with a lal ollho larger Rlail dcYdapcncal. SIie albd if lllia llddnss<s lhal luue in die .-way thal the Fon Collins ordinance does ud if it dillen, bow docs ii diJJer a"<! how docs ii pcnaio cli-1y IO Eagic,wod. Muqer Simpsoll lldYisod lbal this docs address die iuuc ol parking. He nolal thal die Fon Collills Oldioancc suqaled thal parltin& be llmiml io oo -than ::w, of a parking lot ln Croat ol lbc primary facade ol a IINClure, a raailcr, and Ibo primary abuaioa IIRO:. He said lhal Ibis porticular vc,.;oa "'"""' lha1 no more than 70% be pamillcd bctMlcn Ibo primary lacadf and the primary abuttioa SlJ'<d and tbal lhc n:maindcr ot all 11,e pa,ltioa thal is "'luircd for a site. must be either to the side or IO 1hc rear ol a rcwlcr. He DOied Iha! is wllcrc the priawy ~ occurn,d. M t Simpson cxplaiocd that cbangc oa:umd ung Plannin& CommissioD ,mew, botalllC ,omc of 1hc Commlssioncn fdl that ln a situalioo such as Englewood we wan1 lo add,as ii from a SWldpoinl that citiu:ns here doo 'I WIIII lo have ii aU to the rear or lo the side. So. be said. 70',<, seemed IO be much morc nf a reasonable cfueclion io their opinion. Mayor Bw1ls IISkc:d iflhal bas lo do with the in-fill issue too, l'llhcr than bavinc mon: '111<% if you arc on the outer pcrimclcr. Mr. Simpoo said nu1 IIC0CSSlrily, lhal it was meant lo much more aps,ly to the wtcs nflhis communi ly . Council Member HalJcnicbl asked. for ClCUDplc, if ii would apply to a silllllion such as Ille Walan,cn store on Broadway . Manager Simpson advuc:d that be bas nOI done a dirccl applicalion, thal be could probably speculate. Ms. Habcoich1 nolal ii clcpcDds on what you consider their front is. Mr. Simpoon acknowled,gcd that that is pan nf the pn,blcm . ID Iha! partitular silllltioo the f'n>ill of that buildiq docs DOI face Broadway, 1h11 it actually faca IO the side strccl and the oricntalioo is difftrcm in lbal pulia&Jar sense. Mr. Simpsoo IUlal thal the plllting is kind ofin an L sbapc in that silllllioa and be said be docs DOI know where 1hc primary IID0UDI of thal parking is at that site. Council Member Habenicht asked. for 111c pwposcs of Ibis ordinance, whal would conairu~ retail. She said they have heard some tallt about. for example, a movie ~ complex. She asked if that woold be considered a retail e:.:ablishmcnl. Manager Simpson said if sbc is thioking >bool bow it might apply 10 lhc proposed Ci .>dcrcJJa Cily rcdcvclopmcnl. where we do ha,'C a proposed lhcalcr complex. since a majorily oflhal pro;cct is being coosidct , retail orienlation, you would apply lhcsc standards 1o tha1 whole project the whole site. He asked il , ~ answered bcr question. Council Membcc Wiggins advised Ms . Habenicht thal ii is on page 16 and 17, one is iarge retail and lhe other one is relad . Ma)'or Bums said tllat be pcssc:d because Cinderella Cil)' will be a PUD L"81 this would be in~gn11ed either in whole or in part. depending upon bow all of that worb oul He asked if that is right Manager Simpson noted lhcn arc lwo w.iys of looking 11 it bul ccnainly this is going 10 au1omalicall )' app ly. He directed Council's lllallion to lhe very firsl portion where it talks aboul applicalion, ,..~ ii says it shall apply to all new pro;ccts thal include a retail dcvdopmcn1 of 20 .000 square (,•.\or ffl0l1: as a use by rigln or wilhin I planned uni1 dcYdopmenl withoul equal or more Slriogcnt retail ,: sign SIUldanls 111d guidelines. So what tllat is saying. he advised. is Iha! wilhoul any design guideline! or sw1danls lhal arc already in place. if Cinderella City, for example, can:>.t in and didn't have any guidelines, lhese-.Jd apply. He nolcd. in that particular instance, if they"'"" more stria and set more stringcnl standards than these arc suggesting. then the PUD would apply. Ma)'or Bums pointed out that ii also addresses things :;uch as ou1door storaie. uash oollcaion and loadir.g areas . Manager Simpson said thal it is oomprchensivc and ii is meanl 10 really apply IO lhe entire site, bocailtc 'MIii""'.,. talltina about is the viaw awh,-1a11 tllat U-kinds of Cltlblillunen11 cra1e and dlit is a means by which IO really raise the quallly . He opined lhat it rwly docs bdp begin to IIChievc thaL Council Manber Habenicht asked if an automobile dealenhlp la considctcd a rewl esllblishment. Manager Simpson &aid no. 110t lbr Ille purpoocs here. Cwnc:11 Member Hathaway &aid &he ha.I a~ OIi pqc 10, about the guidelines for enll'lnCeS . She ad\,j th&t &he hid l qucslion raiaod by I muple ofmanben of the Chamber o(Comm,ra, about the guiddinc that 11)'1 large mail buildings should featw< multiple entrances. She said the commenll that """"directed to her wllae rdlecling the dlll'mnca betwoen a K-Man (or oxample that has multiple dloclt-outs all in one loc:alion tllat fllllncl people w ooe localion and then in and out one door, ..rsus a Seas Dq,anmenl &tore that has n:gi sten in indlvidnl deplrtments. She sai~ the mggati< , that\ was given to her wu to look at patting in there. as ,,iucll as po&Sible, tllat large rcwl buildings should foatw. multiple entrances. Manager Simpson asked ifthey •'IDI that as I guideline. Ms. Hathaway askod if thi s is o,ily just as a guideline . Manager Simpson advisal tha1 this is strictly a guideline, lhal the sw"1atds .,. mandato<y for new rewl establishments, 20,000 "Ill"" feet or bigger. He said the guidelines m only a,gestions and to be used as guidance only. in raponsc to Council Member Hathaway. Mr. Simpson confirmed that the stanc1an1, that appear down below are the requin:menll. Ms. Halhaway said lhat there Is. poaibilily that this would apply down in there too. though , whe n: )'OU -l principal bu ilding clim:tly facing mon: than two abutting public SIRdS. Few exampl e, she ,aid, if you had one lha1 fa re.! both Elati and Hampden they would be requind under this to ha,-e two separate entrances. Manaf,tr SilnpsolJ said that )'CS. it is n:quiring that. Ms. Hathn-,_y advised that the)• "'IDied him 10, if ll all {ICIISible, look at that. She lldmowledgal that it will he dependent. ob\-ioosly, no what is filed with the PUD , what kind of ston:s ,.,..,.. ,aJking about and where tl'..'Y.,. going to be laid out . But , if we ha,·e that in there as a standard, they just nnted some n:view of it. because it n11y 1101 be possible for that particular <cllore in their normal architecture to do ii that way. Manager Simpson said lhat is understandable and dlc:rc an: going to be instances v!hen: that happens. So. Council Member Hathaway asked, what would be the procctlun:. Manager Simpson n:ferred to page one when: it talb about the fact lhat the Planning lnd Zoning Commission is empowc n:d to grant c,a:eptions to the mandato<y standards under the following cin:u-.nccs, I) when: the stri ct application of lhat stondard would n:sult in peculiar and exceptional pnt1ical difficulties or undue hardship upon the OWllCI', and he said it goes on . It talks about alternative site planning that medS the design objecthu. that would be equal or better or when: either of the foregoing. the exceptions. might be granted without substantial detriment. In other words, he said, the Planning and Zoning Commission may ha\'e an opponunil)• lo review thi s and make so me suggestions to some of those, if then: could bc shown to be n:asons why that should be going that way. He pointed out there arc met.hods, that certainly when you an: dealin g -.ith design, design is always in the eye of the beholder and whenever you sun setting fonh mandatOf)' design standards ii raises a lot of questions . What happens when you get an exceptional design and it doesn't meet thi s. how do you make that apply? He Slated then: an: ways to do that here . Council Member Haben icht asked what happens in a silUation, for example. like ,.,th the Trolley Square , ,..Jopmcnt whe n"~ brought tliat one forward , if it had been developed under these guidelines . She noted a CCJUin amount of the parlcing would ha\'C to be behind, or what have you. and some of that would pn,bably fit into the proposed retail development that would be going on that nonhcast comer . But 10 dat e it Ii.ts beer. 1wo yean, a year and a half, and then: is still no developme nt there , but that would have fit .ito that becau<C of when: the parting would be situated. So, she asked, what happens in a situati on suc h as that where 700/e of the parking all of a sudden turns into the situation where 80% or 90o/. of L".c parkin g L• right then: up fron t. Ms. Haben icht asked how this adcmsscs that. She said she guessed she is oonc:emed about that 7<W, figun: and would like to sec that perhaps n:ducal to a lower pera,ntage . Manage r Simpson said th.11 ..,hat he could suggest is lhat tl>esc standards appl y 10 all ...:0 elopmcnt • • • .......... Cltyc-11 ......-.r4,1tM ... 5 pnjoaa• a pidollne raly ud m, ill a panlallar lilmlloa IUCb II TNllloy ~ • -bo m..,.alna IMI you consider u-, 111c udulel:I miahl Wllll to ...... loolcin1 II dao, -._ 11,ey might apply. But, lte DOied, they cataialy 'Mlllld lllll boa mudllory dlnoction. So in tllat particular illlWICC lhcy may or 1111)' no1 choolc ui do 11111. He adviaed 11111 lhae are other ways to clell with areas mch U lhal. 1h11 lhcse m,y no1 be rally applicable ID . He said 1h11 is lhe best way IO ......... lhal. Then, Council Member lllbcnichl asked, wbat is tbe pwpotc of this. Manqcr Simpbt said 1h11 this addresses new devdopmenu primarily. Ms. Habellicht SIited she undc11tancb 1h11, Iha! she is j USl sayi ng if that were a llC\ development MW would lhat be dealt wi th . Manaa<r Simproo aid ouy. if 1h11 were a brand new devel~ where you had Kina Soopen IQ!ng in. you would ha\'C., abide by tbeoe Ms. Habenicht said wbal she is sugesting is. 111)1 they would bavc abided by than 1111111 on tltal pan of lhe retail Clllblislunen: going in there which bas aot bot.• bllil~ oow would the CNlllllllliCy be proleded from somethinJ aot llappening. Manager Simpson noted lhat what Ms. Habenicht is suue,ting also is. in lha1 particular-. lhae cu I pllnncd ............. 111c UDIC lhlt-ln place. Ms.~ explained that sbe -jmt usiag lhia U Ill c:xuaplc. Mr. Sinlploa said be llllllenlood tllat, lhlt llt is saying lhaJ in lbooe particular il\SllllCCS where you ba\'C a modificalion. to what would have hopcfially b<a u overall silt. plan lhal bad IO be in place, lbal bad ID follow lhoac guidelines. if they came bl.cit and ,. ..... suggesting some changes. lbooe would have IO either comply or there are m<thods by wlticb to address that too. Ms. lllbcnicht said she is suggesting lbal b this pulicular cue if that would ha\-. happened. lhere would ba\-e been no changes. there jUSl would aot bavc been a deYClopment. So. sit, med. what would happen there. do"'" have any pioc,,ction. Manai'e• Simpson commented that he IDUSl not be undcr>tanding . Council Member Habenicht said what she is sayina is does tbe praend '10%. the 70% is. in I situation like Iha~ gone for puking in froni and pan of that is because pan of lhcir de-.'Clopmcnt is p,iog to be taking up a corner and pan of tbe parting is p,ing to be behind that comer. but lboy never do develop that a,mcr, SO ii lW1l5 OUI lhal 90% of their parking is in front. So, she ukcd, 111111 plCYCIIIS lhal &om bajlpcning with this. Manap Simpsoa said ondtiag. Ms. Habenicht Slated 1h11 is why slle is cnncemcd about tbe 70% fipre. Mr. Silnpmn DDIOd 1h11 ii is yay difficult to force de\....,._~ you ba\'C a plan ia place and pluaing City ..-i, "' ways incremelllal and cvolulional . He .-cd it is always on-going and you can't force an eod IOllllioo. He aoted you can. but thal he was a6aicl you •'OUld never pt a.aybody who will live with it and Ibey wiU go away . Mr. Simpson said lhat be, far-, -.Id never come forward and say that be -.Id paranlee that a prnjccl will happen. bc:causc 11,q-.. ;it ...... , get people,...., wiU ay lhaL So, be 11111cstcd, 1h11 if )'OU wan I to have that guanwec )'OU .,. either going to ba,-e to writc it into a development QlOClllClll. IS part of the project 's development plan. which is reasonable. but apin. he said. he felt lhat pcrsoo wocld go away. o, you Ii,.., with the possibility thal ii may or may not devdop. Then. Ms Habenicht said. this is primarily a guiclclioe. Manager Si111pson said no. that i: is absolutdy mandato<y. He said Ms. Habenicht is providina a 1ccn."io that "'IFStS that IS you plan i~ the plan requires 1h11 70% ol the parking be allowed to be in fn:.nt . llld whal she is suggesting lhen in lllal .,.nicwar cue where you ba\'C a project that may not be fully cl,~ ,-,...i oot ya. whal happens 10 pl'C\'C111 that from DC\'Cr going inlo plac'C. The answer. he said. is nothin [. 1 M. he poinlCd out. vou also have a place on that plan that will potcntially be dcvck,pcd someday"" ··,e ,........_ be noted. is also true. Mayor Burm commcn1ed that lhcsc guidelines are obviously cnfDR:Cablc MIi lhc Planning Commissio n uses ilJ PQ"'C/ to grant cxccplions. Manager Sumi-, suaaal that Ibey arc not just guidelines. be said he Milled to reaUy be sure Council underllands lhal They are. be explained. standards. !he) ... ;11 be mandalo,y . There are ponions of this that are guidl:lincs, but lhci'C are rnandatory pon..JIIS Ma)1>r Burns said he used lhe wrong \Wnl, that the standards arc reaUy whal he is talking about . Mayor Bwns asked if !here was anyone else who wished to speak . No one came forward . COUMCIL ll&MIIU WAGGON&R MOYD, .AJID IT WAS S&CO ND&D, ro CLOSE TBE PI/IUC BLUING. Aya: Oouacll Mlalbcrs lflGln,ay, Vomliaag. Wlglu, Habenicht, Wagg-., Clapp. Bwns Nays: None Molioo c:arric:d and the publlc bearing closed. Mayor e.m, reminded cvtl)'OOC that when Council has I public hculna OD I ~ they do oot vote OD II ... ...,,. nip~ that thcy YOIC on ii II the ncJCI mocliog. He explainod "'"' Is just I Slandard Council Im adojlled III they doll ·1 rush into voting on 111mcthing. (1,) COUNCll. MEMBER HATHAWAY MOVID, Al'ID IT WAS SECONDED, ro OPEN THE PUBLIC BEARING ·ro GATHER CITIUN INPUT ON HOME DAY CARE ZONING. Ayes : Council Memben lllthaMy, VormittaA, Wiagins, HallettichL Waagoner, Clapp, Bums Nays: None Motion carried ud the public hearing opened . Al!"~-gi-and..-oath. PIIDJUDI c-mw,;1y Coordinator Stitt submitted for the roc:onl. Proof of Publication ol Natic:e of this P<'blic HoariJ1C, wbich was poblisbcd in the Englewood Herald on Oclobcr JO . 1996. Ht explainod (l,,i this public llariag is to consider lllmC IJllClldiaeftlS IO the Comprehensive Zoning Ordinance that add=s llome-,.:are. Ht said that. for die sake of Ille IUdienc:e. lie -1d go through I lillle bit oCdle history or bow thi• QIDC 10 be pracnted before you lonigbL Ht DOied that tarlier this year lhcR was enl'or0cmeot action ta:·m against I da)'Cll'C operalor in the R-1-A 1.-Dislriu. Mr. Stitt pointed out lllat brought to ligb l the fact th.'1 there ore IIC'mll home dl)'care operations In the JI ·I-Al.one Dlstric:1. Cunently. the way the R-1-A z.on., Di.uie1 is set up, home ocaa~ ore prohibited. He mtcrated Iha! .., type of home oa:upation is aiiuwcd in the R-1-A Znae District. Tho individlw inVOM:d in that eaforocment action came before Council and rcqucsted some relief and rcqucst(d thal Council consider amending the Zoning Ordinance lo provide for that type of home occupation in the R-1-A . Mr. Stitt adv ised that matter was rdcned ta the Planning Commission and the Planning C'.ommission held a series of meetings 10 gain input ud prqwed a recommendation through a set of-1s for ,-onsidera1ion ton,g\11. Currently. he DOied. lbtrc ore two pans to this proposal . The first pan is the allowana, of daycare IS a home occupaoon in the R-1-A ud the second phase o(the ornc-is to allow some changes to the definitions of home daycare in all the other residential zone distriCIS. JUSI by my of explanation . he said. currently in the R- 1-B, R-1 -C. R-2. R-2-C. R-3 and the R-4 residential,_ districts. home daycare is pcnnitted os a home occupation and is limited 10 one 10 four chi ldren . La,gc daycare homes are pcnnitted in ccnain zone districts which plO\i dc care fo r five 10 h>'Clvc children . Currently, those 1ype5 or facilities tnal scrv< bclwcea li\'C and h>'Clve cbildrrn uc classified IS small c:llild au,: lltlllffl in our zooina Oldinancc . So. he said. we have daycare homes, wbidl provide care for ~ one and four children. and small child care =ten. ,.ilich provide care for L'dWa:n live and h>-clve children. He maintained that was somewhat oonfusill& because Stale regulation Sllndards have a dilfcmtl nomenclature. So. he stated. our onlinaocc is an attempt 10 bring our definitions or home daycare in line with Slate licensing pnicticcs IS ,.-,u as p10,i de home da)'care in the R-1 -A Zone DistriCI . He said he will talk aboot the R-1-B and other zone district reg-.alation< Ii ~ and then he will Qlk allout the R-1-A . Mr . Stitt explained that what is being proposed. in all bul the R-1-A Zone Di<trict . is a change in the language of the regulati ons that ,,,,uld change from a da ycare home 10 wha t the 51,,c classifies as a family ch ild care home. which is basicalli • the-• I~ ........ ii iajusl l"Mltll ill~ Alao, be said. lM)' lft oddq I pn,vi11aD for lafanl ud IDddlcr--. w1uc111a IWID!Y of daycare thll -!IOI in lbc Slllc rqulallons 11 lbe time wbco we, in lbe Cily (I(~ adopled da)'CAR lll1!danla abolll lal yean l&O, lie advilOII 1h11 wllal Mare pn)l>,llla&is lllaa, •• bomeoocupllion ill the R-1-B. R•I-C. R-2. R-2-C, R-) and R-4, )'OU.,. allowed 10 llave I family child care borne Of an Infant 10ddJer bome. And. be llltocl. the lllndank for tl>ll woold allow ror laa than 24 bour care for two or mon: cllildn:a up 101111&JWDW11 ol six. with additional care for two childtm Wore or after lcliool . Ill additioo IO Ilia&, lie DOICd. they are cbanpna aame of the 1111111 cllild care c:aila, whlcb 00IIIIOICI -1liag men than a llamtopcqlion, lo what tbc •tatt cJusllla IS I ..... child care home. He advited, tbal llesically is jusl ~ ... lhe aame, the n:g Jations Illy p,.ay much the ame. Again. be noted, the ddlnitloa of a larp child can, home is a chil~ can, facility 1h11 pn,vides care for oeven to twelve childn:n. So lbe maximum number of children remains the same, they are just cbaQlin& lbc aamc lO rdlecl Ille fact 1h11 tu la lhe lYJI" ol activity that i• aoin& on in tho bome and IIOI a cc,11er or more of a comnwcial type of aa operation. Mr . Stitt said lhot the other pan of tho amendmeals m IO address the situation of daycare in the R• I •A Zone District. He advised that then: bas been prcscnlllions before Council conccnaina the RWllber of bolne daycan, providcn in the R-1-A Zone Distritl and, in onler to allow that. the ordinance hu to be amended to allow for a 5P<(ific type olbome occupolion in the R-1-A . He swcd that in order 10 allow forthal the Planning Cornrniwon is """"'1lllmln& 1h11 only family child can: bona and iafaat toddler homes be pennilled as a oonditional use in the R-1-A Zone Distritl . Mr. Stitt offered that the dilfen:n<% bclwecn a home oa:upation as a pennined usc ln the Giber mac distric:15 and a conditioaal use in tho R-1-A Zone District. is that in tho R•l•B 1111d all other raidcatial zone districU it is aa:otially a use by right Thon: is a 5tt ol aitcria by which the home occupation is regulated, but beyond appl)i n& for a bonne occu~ liccmm and ha,ing the site insp:,c1ed by a code cnfora:mcnt offiocr thcn: are on other replatlons. /u a conditional usc in the R-1 -A Zone Distritl this "'ould require a public bcarina before the Planning Commission to n,vicw l!I)' powitial impacu that use may have on the oeiJbbo,bood. Mr. Saiu said that jUS1 by way of clarification. be would lil:e 10 -.y that if Council docs adofll lhi• SCI of rqwalions, includin& 11-.c a...sitional usc provision for dayca,o in the R-1-A, all existiQg dayca,o pn>vidcn in 1bc R-1· A would have to seek conditional use approval 10 remain in opcralion. He asked if COUDCil bad any qucslions. Mayor Burns asked when, the process for c:ondi!iona1 UIC .,.. lota!.Cd. Mr. Slin cxplai.ncd that the conditional usc provisions an, io auber seclioa of the Zoaioa Ordinanoc, that tb<ff is an application and application fee that need to be submitted to the Office ol NciaJ,borhood and Business Dc:wlopmcnt. He addi:d that the staff then scbcdulc:s a public bearing before the Planning Commiaion and the docisioo on the cooditional use is made by the Planning Commiwon. it :, not referred on 10 City Council . Council Member Hathaway asked City Attorney Brouman if there is any poosibllity to have this, and ha ve the OIIC5 that are cuncnlly licensed and can prove that t,'ley are cumolly liccnsed in R-1-A. be snndfatheRd in and make the amditional we ao into cffec:1 after the fi"1 of thc yea,, SIie quc51ioncd wbclbcr then, wa.s any way 10 do that. City Auoracy Brotzman clari/:icd her q.-ion and D01<d that actually thcrc arc not "1lpposcd to be any there currcnlly. Ms. Hathaway ag,ud thao was uuc. buo •he poiDted out 50me of them do ba,,. Colorado licenses and they can prove iL City Anomcy Brouman asked if what she is wanting is to have the ones. that arc there currently, register without going through the current proc=s. Ms . ~-ay Aid that is right Mr. Brotzman noted that is not the way lhi• is designed. but that they can do language to desigu it that way if she wants. Council Member Haihaway asked if that would mean that, as of the firu of the year. Ibey would wll ha,,. to go thruii:J> L'>< conditional use process. She explained that she would like to forego the conditional use pcnni• process for those that arc cum:nlly licensed. can prove that Ibey arc currcoUy licensed or can prove that the)· have been licensed for a number ofycan at that address in the R•l•A Zone. City AtlOl'IIC)' Brournan SIJUed Ibey can draw up language that "'ould let !hot happen , that it would be a regi,;lration process rather than the conditional usc process. However, he poin:ed DUL when you do that you arc pcnnitting uses without the public hmrill& tlill • boell delip,d lbr die condlllonal -He IIOled you aR -""l Cllllina oft' the public pn,ca1 af lmhla lhc nelpbon comment Council Member llllhaway said Ille jusl wan16.I to know lftberc Is a MY ta-,uct tbal, afta-"" Fl the public tall-,,,~ then, bu been somo comments on both sldol afthis and then, mlpt be an dl'ectlve comprottdac by allowtng lbat 10 happen . Mayor Burm asbd lfdlal -1ld be IS of the time when Ill<)' I~ Ille moratorium or bu anyone sci up since. Oluacil Member Holhlway asked when the moratorium ends. City Anomey Brouman advised you ...., cllller do that when the moratorium began, which h -.I~ be a IOI easier IO 111t when the moratori11111 bepa lllher tluUI cumntly. Ms. Hathaway SIited that Ill<)' could establish a time lbmc for this panlc:ular """"""· Council Memller Habenicht asked lfby allowing something ID happen by conditional -cloes thal uansfcr with ...-ship afthc propeny, or once tl,ere is a conditional use on a piece afpropo,ty for a J)lrtlcular klnd afdug. say in the R•l·A Zone, could someone oell their house and somdlody dac come in on thal a,nditional USC . Mr. SU " explained lbat typically a>nditional uses are only for that specific 111t and t~II spc:cilic raidcnl or owner/operator. He advi,ed that ii is not like a variance that nans "ith lhe property . Council Member llathnay asltod about the registration. IS she said otN ;oosly It would not follow either if it changed hands. City Attomey Brotzman advised that that Is right . He said they would draft that the same way. Cou.'lcil Member Waggoner asked how the Sutc can register or lpplO\'C lft)thing that is agalnst lhe local zoning onlinanccs. City Attorney Brotzman advised that tbeY simply don 't chcdt with us . Mr . Waggoner questioned how II'")' can appn,w, ii lflhey don 't Mr. Brotzman said tbeY shouldn't Mr. Wau<>ner said then any dayta,e facility that Is in a R-1-A Zone, even though ii might have be<n licensed by lhe Stale, is essentially illegal . City AUomey Brotzman said that is right Mayor Bums asked If anyone had any idea how many daycare provide rs there are in R-1 ·A. Council Member Hathaway noted thal she understood some of the testimony may list the current list as one of the people with lhe Child Care Association was go;nt, to tly to !"! • list , from lhe County and the Stale, of all th: ones that are currently in liccnsod in Englewood . Mayor 3ums asked If ,.,. know how long they ha ve botn licensed. Ms. Hatha\\ay advised lhal ldls that 100. Mayor Burn5 wondered if there were a ty guidelines. if you"..,. not liccnsod as long as one year or two )'Clrs or something , that you would havo to 1pply for condilinnal use . He pointed out that someone may hav-e be<n licensed for two months when l11 ey put up the moratorium and someone cl,e has be<n there for ten years. Just because Ill<)' have a li cen,e is that enough . Council Member Vormittag said he ""'11d say it should be like the pigs, iflhcy had a pig , they got it. Council Member Hathaway said yes. that II the time the moratorium was po,I on , because of the fact Iha! these people still had 10 go through lhc p,oc-,ss 10 get that license . Mr. Vorminag said if they are there , ar.J Ill<)' can prove it. they should get it Ms . Hathaway noted that they had 10 go through the process to get that license and lhal requires certain review, probabl y more so th en 11~ 11ould have done an)'\\~y . Charlena RU)1,al , SOOI South Galap1go Sired. said she really doesn 't understand this zo ni.,g lltl c,g, that she has a SCV'CD month old that means the world lo her. Ms . Ru}l>al staled that it goes a lillle <i<cpcr lltan the zoning . She said her babysitter is Shelley and she takes really good care of her kid<. that she was not going 10 pay outlandish prices 10 po,t him in Kindercarc, when she can pl)' good money where he gets good care. instead ol sitting in a pbypcn all day crying and not getting good care . She opined that the daycare in the home is better for her bccau,e she knows he is being taken care of, there are not as many children there , he gets one on one and the TV is nol on . Ms . Ruybal staled that books arc read to them , • • • • lhereilt-..:doowllbother ... llllldloyallilnwl&llaiap. W.llkallbalc-c:11,..._il . She lllvi..S Iba! lbe u-ca Ibo -bloct 111d b ia man: COIMllicat for bu, tbat aloe iJ a liqle mom ud It ilJust beacr ror her Iba! wo.v. Jackie Howard, 10725 WI/Ill Oa&ario Plac:c. Ulllet011. IWlld lbcjust l1IOVOd Ullleton lboul six months aao, before that she Uw,d in Aurora. She lllvillCd that ahc travded from Awora, post job, to her daycare which Is lcx:alCd clooe 10 Federal and Belleview, lbal she drove bock to -'<. ML Howard c,cplai ned lbat lhe n:uoo she did that iJ because good daycan, iJ exti=cly bani to find. Sbe said she lived I block and I hall away from Kindettarc, that she checlted that OUI and all lhe other dayc:ms OUI and even private daycan:s In Aurora. ML Howard 1111Cd they were lerrible, just ICrriblc ud that she was looking at quittina b,r jol• before she -id entrusl her child to IOIIICbody who dido ·1 care about her. She said she finally lalervie\,ed Gen Fruklin. who is I daycare provider ud .... is w:dJeDt. Sbe DOied she is the same person day aft.er clay and '1>c knows exawy what '1>c wants ror her cbild. Ms. Howard commenlCd that she is vegetarian and lhat is no pn,b1em II all. Her daycare pcovidcr, slle said, feeds her exacdy what she wants her 10 feed her and then: an: no questions II all. She swal lhal '1>c is jua gre.,1. lbc is lhe same person day alter clay, she is nW1uring and lovina. Ms. Howard DOied iha! "ilen you have to-" you wanl that kiod oflhin& ror your child. She said when you have IIOlllCbody Ms . Franklin 's age , WI she knows then: is DOI supposed lo be age discriminati011. bul if Ms. Franklin WIS b-ced 10 go OUI of :iusiness, she would be lnokin&II welfare or some kiod orp,J,lic program like lhal. Sn, Ms. Howard said. closing down things Iha\ an, viable busi-brin&ina moocy inlO lhe City of Eu&lcwood, just ams like a liad business choice. Vera Montez, 2925 South Ell1i Street. a,mmented that this doesn't penain 10 her because she li ves in liglu iodUSlrial and would guess that ,· ,e coolcl do wbllc\'Cf she wants. However, she said, she does not plan to live then: ron:ver, lhat it is ,.niDa to be • rundown an:a because there= a lot or rencals and she is looking for a new house. She said 11111 a new house. becawc she can '1 afford a $200,000 boui<, but the homes she can afford an: homes in R•l·A. that she likes. Ms. Montez commented..,...,,, a IOI orboroes in Englewood. but she is kind or picky and she likes cenain an:as, for lhe parks. for 11,e k.icls safety, lhe nice homes. bigger homes. She said )'CS ii is self-serving lhal she is hen: for that -E• en though the)• gnu,dfalher lhe providers in"""· which she is for anyway, it is still no way for her 10 buy a house and lo continue to do her business. She said she bas done business for going 011 nillCleen years. has a IOI of credential s, was president of Colo,ado Association for Family Child Can: for four years and is still very actl\'e in Englewood aod the 1SS0Ciations. Sn, she sta ted, the way the zonins will be read. or is now. she cannot buy a house in lhal an::,, then: is oo way . Especially if the zoning passes the way it is. The reason. she said, is zoning number one aod number two. if she does find a house she n:all y likes over then:, what is she going to do. Say hen: is some mooey, bold ii until I l.a1k \\ilh Zonins. until I &cl all these things done . She op ined that is not feasible, that is no1 a choice . Ms. Montez Slated she "'OUld like 10 see the zoning. as ii is in Littleton. when: ii is cuy 10 do ii. She said you tallted abool U, : la,g< daycan: homes. that iu then: nrc probably one or two in Englewood. However. she ad·., • ..t. the •"•Y of lhsm do not want 10 do a large daycare home, they don't want seven 10 twelve childn:n . The people that have staned doing large daycan: is because their husband has been laid off or have lo51 their jobo ud that is one way of getting an inc.:,mc. Sn, she said, she canno1 see when: propeny values have gone do"n in the last tcu y,,ars. that they have gone up. She pointed out that Council did 001 even know their ,._ eighteen providers in R•l·A until somebody gOI in uouble. Ms. Montez said what she is asking Council is 10 please revisit that and make it a little easier for them lo buy a dilfcn:nt home in Englewood. She said sh e docsn 't want 10 leave Englewood, but she does DOI want to live when: she is at either. 1h11 n:nlals just an, DOI good . She lhanlted Cooncil for listc.ning 10 them and for lhc new definitions in all 11,c other 1.00es. She said lhal is n:ally good . Evelyn V....,. llOO Soulh WuhlnglOn Stniot, lldvlad 1h11 she 1w IWO grandcllikll'tn aad both of tllcm hive boell takcll ca,e afby Aunt Oen . She aid she tods afe. she Is wondcmd aad she ubd thll Council not lake it away m,m her. Ms. Vaughn said they km her. Sue Fl~ 1763 South Olccoia Way, De&Mr, lldvlad 1h11 she 1w a ft.ftcea moolh old baby girt that she hid In IDOlh<r daycare before she loOk her to AUDI Oen. She said thal now that she is with Aunl Gen she loves ii tbeR, she eets kisses. Ms. Fitzlimom sw.d that when she is II woll< she doesD '1 wony, which to her i1 -11 every dime she pays her. Rhonda Franklin. 10935 Nonh Chatlleld Ort~ Uui-, said she is P-l lo speak on behalf of Gen FrMl<Jln, that she is her mother-in-law and 1w been for twenty one years. She DOied that IS they can see, fiom the people who go1 up and ,poke about her, thal she is terrific . Ms. Franklin said that if they an, lalking about bringing pn,pcfly valucs down she tlliab that Is W!Ollg. Because, she pointed out. the lllandanl that the Slllc -for these homes Is high. fences, the Inside of homes. She noted Ibey ba\'e to maintain a cenain SIIJldud for the Slate In order to apenlle. If lll)'lhing. she opined. ii would bring up the value In the ftCigllbomood, not brina ii down . Ms. Franklin sald that if you are 1alking aboUI quality of life for chilcl1a1, wllat helter quality coold you get than somd>ody of her caliber that loves Ille children . they gel a 101 rJ enc on enc pc110nalir.cd care, they are not stuck in a playpen all day. She 1101:d IS they sald they get 1 101 of kisses and huas, a IOI of stories read 10 them and she thougbl a parail sbould ha,-c 3 right to choooe not lO lake !heir child lo Kindcrcan: or LaPctite . So, she said, if you ,.,. talkia& aho<u standards and values, then she fell they heller take another look II ii and change the zoning to allow for these private homes. Jacqlc Gee. 6181 South Cedar SITCCI, Littleton, said she ,.-anted to rcilcnitc how imponan1 she feels in home daycm is , not only the qu:tllty but also the consistency the children get. both in their provider on 3 day to day basis. but nlse will-~IC children that they are tosethtr with. As opposed 10 1101 of daycan, centers. tllcre is a lot ot tumo\'Cf both wilh the children and the pn,vidcB. She said she also bas some que,tjons and CODm1IS about the pn,cess of changing the zoning, the whole conditional use. to her, is still khtd cfvagur and fuzzy , 1•d she did not feel it 1w been vc,y ~I defined . Ms. Gee commented that they lalked about whether it would be transferable m,m residence to ICSidcncc. But. sb: asked, bol,• is that going to work iflhc house aext door sells to a daycm pn,vidcr, once Ibey get !he Ii=. once they get the conditiooal 1,se Is it good for all time or is it just good on a year 10 year basis, how docs that work . She asked If lh.'1 is dcl,r, ,J City Allomcy Brotzman said conditional uses an, for all zoning districts and tJ,erc is a 11;;, o: 1.: ,<c •,, tllll you hav,: to mc,t, Ms. Gee asked If ii is n:ncwcd }'Clrty. Mr . Brotzman said no, 1h11 runs"' " tna, pc110n in that house . He cx;Wncd L'lal means if tha1 house is doing daycan, tha1 ,s when: the conciui,,nal use ::ocs to, ii does not go to the neighbors houses ii goes to that house. Ms . Gee said ,he knows that. but L,n 't it so the neighborhood can lalk about it or is it juSt to serve ootia: 10 the neighborhood City Attorney Brotzman lllted thal it :s lo do n10n: than serve ootia:, that i., one of the clements. that the Plannin g 'Ind Zoning board has a set of criteria thal they ha, .. to meet in granting any sonditional use. 1k said th>.1 means that it stays "ith that property after ii has been granted with that pc,con, tha l rneons if new neighbors come in it is nOI changed . Ms. Gee noted that it seems thal the way this wi.olc thing was brooghl up was thal thm was some bickcriag between neighbors and if that "~ the case in this situation WOtJld the daycan: license not be granted because of that situation that this neig;1bor hat,d it or she asked bow that would work . City Attorney Brotzman said n01 nca:ssarily because they hate it. Ms . Gee sald she does hate the neighbor. Mr. Brotzman advised thal Planning and Zcning nlMys lakes into account what the neighbor> feel aboul a partic-.l!ar issue that is coming as 3 conditional use , but in i...::ustriaJ areas certain types of uses arc conditional uses and they arc usuaJJ y a heavier use than what is curn:nti y then:. He s,.id one of the standards they ,-ill look .11, always, 31 daycare and ii is one of the liSlcd standards for condiL½nal uses, is llaflic and how that ,-;u imp.ict the neighborhood . So, Mr. Brotzman advised . that if you have a use thnl is much heavier in lnffic orientation that is one of the things that Planning and Zcning is al"~Y• going 10 loo!< 11. that is one of the issues 1ha1 they would look 31 for • daycare .. .-.ell. Ma. Gee Clpllld tlaal tlaal ,..._ aoodl lObedellMd. lhal wlllll doca'I lllodenlud ii vuy well. SIie aid Ille WUled IO rdlaMO 11111 ill -daycare ii WI)' 1mranan1 ... ~ she wpi Caouicil 10cbaa&clbeaoai111, SncUcy Clillma, 5020 Soulll OallpllD SU-, lllbalia.d ooc more lcUcr for lhe n:conl . SIie .,;.i a lol has been uid Cl\'U and OYoi, lha1 she ii a licnlcd dayw,, pn,vldct, lbe is ill lhc R•l•A Dillriol IUld IIU beCI, opcralin& ha daycare for over eipl yan. Ms. Gibson owed, and lbc llOUld she uid 1M IMt ,-rat this lime, thal ii IIOYCf dawned on her lhal lherc -.Id be uy zonln& problems. She uid allc dida '1 clledt ln10 it either. /uzywly, she said, she wllllad IO CIOlllinue lO ., .. Council IO allow licmood do,yca,ra lO operate ou1 of~ loc:alld ill Ibis Dillric:I. Ma. Giblon advisod lhal she hu providod care for-,, MidcelJ in lllis Dlllricl. and for 1aoChcn thal -1t at Cla}'IOII Elcmcnluy, wblcb Is In the Dlllricl ..... Sbe oplnal lhal quolily in homo daycaro should be readily available IO pooplc wt,o liw and -1< in Ille Dillricl, 11 ii Is in any otbcr ara iD EnaJewood. She llaud lherc i, • lat!" Deed for U-chilclrcn wbc> --.J, C~n ElemcnWy for bdore and allct acllool care. Ms. c.i-. COIIIIDCllled they haw a da)'l:ll'C _,.,, al lhc ochool but Iba! ii Is DOI acarly 1arJC ~ lo acmrnmdalc "1r all lhe children "110 need care after •J>ool. Tbmforc, she 11111cd, 1..-daycare thal is c:looc cnoup IO the school . is in 1arJC -.nd and ii Is really DCOdcd. She said lhis could be said for Charles Hay Elcmcnwy as well . She said uo also WIIIINl lo.,, . .., lhal if they do DOI allow licenaid home daycares 10 operate in R-1-A ii will creale great hardships for the children and families lhal arc in lhcir ~•. She nolcd lhal in lheir busi-, • Council has heard, they form boads with lbcir c:hildrcn and the families who IJUSI lhcm with their dlildrcll everyday. She said thal is why ii ii eallcd family dlild care. Ma. Gilloon mainlaincd Iha! you -find thal family alm0Spbcrc \n a WJC daycare facilily . She ._vJcd lhal sbe hu broughl mool of her daycare oarcnu ,.;th her 1onigbl and they ba\'C ancsud IO this with thti• lcacrs and by spcaklna 10 Council Ibis evening. Sbc said she hopes Council cu sec the importance or t..ving in home daycares. iucludiag !hose in lhc R-1-A DiSlricl. Ms. Gibson Mbd lhal Council c:onsidcr lhal al lhis lime there arc pn,bal,ly aboul 100 children in lhc care of licensed pn,vidcts in the R-1-A Districl. She said, as she is lhe refanl pcnon for the Arapahoe Coun1y Daycare Association, she luiows for a fact Iha! there arc 1101 100 opcnia~ in the whole Ci1y oCEnglcwood IO place these cbildrca ifthls docs DOl1D lhnlugh. These chilcllm lla\'e lo go someplace she said. and if you don 'I allow liccmcd daycare Council will be """°""'in& oulliccnscd daycare, which is anot\.er problem which ii very W1SJlc and no1 monilorcd al all. Ms. G~ llaled that her grcalcst hope wou'.d be lhat homo daycaro IK'llld be allowed 10 opc,alC equally tJuou&boul Englewood. whclhcr Ibey arc in the disuict or DOI. She opiocd that daycare plO\-idcn such as hcndf should be able to add to lhcir communily by providina liccnsod daycare wilh the 111ppor1 ofthcir community . Ma,y Paxson. 6428 Soulh S1c,le Street. LilUCIOD, IWcd thal she has lhrcc basic iUlla wilh wbal is going on 1oday wilh lhc daycare and lhc mning laws. Fi111 of all . she said. ii would be lhe sccming affect or double jeopardy which the conditional USC 1.0DUl6 la•, sccms lO be P'\Uing these daycare prcwidcB UIIO . And, she noted, the ococomic impact Gil the communily , as well as the Cily's inlerfcrcnc:c with her right 10 choose bow her c:hildrc, arc raiJod. Ms. Pauon poioled oul thal lhc basic premi"' oC ow criminal justice sys.wn is lhal ,.,. do DOI pul criminals iOIO a double jeopardy silualion, which is in d!cct whll 1 conditional usc clause woald do . Not only arc these people rcquircd 10 be licensed by the S1a1e or Colorado, but they will also be rcquircd IO be approved by lhc Englewood Cily Plannin& oonunillcc. Conditional usc is one lhing. she said. blll when sbc requested dcmograph ,cs from lhc Ci1y · s economic dcvcloplDCIII dcpanmenl she lhoughl csscn1ia1 rcmoc better fi1 lhc definition for whal thcse ._ic arc providing to lhc Cily ol'Englewood. She IWcd there arc over 17,000 children wilhin • lhn>e mile radiw of lhc Ci)' of Englewood, over W /4 of1i>c bowcholds work, lhcy ba,'C lwo people working and probably 70-/4 or those households are dcliucd hY HUD as low 10 modcn1c income houses . The economic imp■ct on lhcsc people 10 enroll these chi!d."Cn in a commercial daycare would be dcvaslaling. Ms. Paxson llalcd Iha! she bas a seven monU, old and a fi\-c year old and h would CDot her $1200 a monlh IO put her kids on a commercial daycare . She 1101.."ll that ii more 11\an her mongagc l),1ymcn~ car paymcnl and her household expense, pul 1ogclher. Ms. Paason pninl cd ou1 lha1 is a lot or money and she is not considered low to__,,...--. Sbc Iii:""' d,inl dun& Is lier rigt,I IO dl0lc bow her cllildlal ae railed. She -edlllll ..... 1 lolaClhcpe,eattbor,\ she lnlem.wod-ia home daycare pnwld,ri, MOl to blr ot 1M a(tbc ,.._ daycare plOYi<.'en, daycare ceacm ia the Cily 111d WIS IOlllly dilb-s II whal lhc frwid ....... file aid she found ialrnll In criM. ICII lmanU in• room ,.;u, hWO pc,ople. loddlcn la lhc -II .. ~ ....... ~ •• WI' o(thoao kids wen, In their cril,a a:reamina. Ms. PaxloG ltlled sbc did nol want bcr cllNr,,a l~ f:• '1NiftJCllllC'l.t She 111d 1h11 ,,er IOII 1!11 boon In this daycare llomc ltlCC he WU eight l1IOlllhl oh~ tllr,1 tlley IMd ht th< City ofEn&)CW(),d 11 Ole Um,: she found her c!:ycare pM'Mitr Ms. PlXIOII ~ UIII ~ calls her g1udma. he, ... e,/Cfl' Monday momir,6 M d,; ys "gos), l.i,iUldma I love you 111d I ei-' y<u." She 111d her IOYCII monlh old holds nut her anns :v.!<)day to ~a anc: ,miles 111d Ibo cried IOdly wh"' I took her bldt. Ms . l'axlon llllted that she Is nol In a position t»tt lite wort.. bec:rlls •-to.that die wOlb bccaute she has to . She cornmtfttcd tbat ;, ~•1 maaer which wa, she sllca ud dk:a the budget II lier house she 11 af,..ays S600 short if lhcy don't hi,-. t.:r Income. She Ald slle CIIIIIOI earn S600 a rnontll on part-lime MlP Mi. Paxson maintained tbat she -is to lur\c good qualiay c. ., that she con ..i .. raporu llile chilc:RG, who will In tum be in cbarge ar C<>uncil in the future. She llid !hit her childml ,.;11 be silanr. tn th:eir '1)0I in another JO )urs. She statrd that Council .,,... it to ahem lo g1.., ahem the best daya11< r,,1b.~<lt and she opined lhat in home cal\: provides UI wiO, !hot. Pecer Edslnrm, 6424 Soulh \\1lliams S1n,et, LinJ.eto•. ~ he il an cxecum-. arasultant to Ulllll business. He aid lie came down in suppon rJ: bis fHend, but iJ\ 115'Clliag •.o lhc hearing tonight be found Ii quite intctalilg. He aimn-..t he -,Id u..10 say thvl be does kind o( agree with Mr. Waggoner's pooillorl. as be lhinks that the approoch 10 lhc dayaio &111111ion. with not goir<g througll proper zoning and all rJ:drll, Is an iSIUC. Ho,,-...,r, he said he dealt 1'ith a fol of small busiacs:,cs ind lhcy arc always lhc pnidllcl of a nicho or a laclc rJ: society. He stat .... 1h11 he his , rr.oall son also 111d he agic:,d that the big di)~ •:mu.. do laclc a lol of the intimacy lhat "~ "11 ~r. to g1.., nu, kids, pandkids., wbalcvcr . Mr. EdsUoor .-<d lhat whit he is here for is basically to ,..ippo., looking at lhc R-l•A zooing to bclp these people do their job, became lhcrc is a need for it. Wlrcdll2 k Is financial . cmolional or whaaevcr. Ii< maintained there is a IOrinus lack in lhc commw,i<y for.,Jtilint OJI' kids. lhat is lhc .,...y it is. He said he knows some pooplc ~ly wnuld say lhat it buns tf=r p,,rpcny values , but he said he docs not bclle\-c it is a -.y itlac. He stated that. just lllte Mary says. lhe,e arc nu, kids and we hi"" 10 pn,vidc for them. Mr. EdsUom stated that he thinks wilh prudent go,,.. -ncnt and ev,1')1hing lhat we can coinc 10 a good resolve. He llid whether you pandfalhcr in, or whclb,:.r :,'00 do II proper conditional use that is C<lncct, common ocnse. r.ot too much govcmmenl in it. mu, ,.urc ii is conarolled and people in the neighborhoods arc pmtected . He felt lhat was a good approach, but basically. scriOIJS/.y ronsidcr =onin., these aras to lhis ddinile need lhat we have in nu, socfoty. Vickie Mohr, 67S Soulh Yori< SUoct, Dcttvcr, advised lhat she is lhc principal oft henclyn Elementary School M 4-SOO Souch Lincoln Slftet. She Ald she ap;,nciated lhc opponuniay to talk. She stated she is bringing thn,e pmpccti"'5 lhat she would like Council to ~cw or n:flcct on IS lhcy make their deci si on wilh lhc zoning pn,posal . She said lhat lhc fir>t pcr,pcctive she would !lite to share is her pcnpccti ve as principal la lhi• particular Cily . Ms. Mohr commented lhat M:n lhnugh &i\c is the principal II Cherrclrn. her col!agucs. lhc oth,r principals in u,., City , often shire and bemoan lhc fact that lhcy ha.., a difficult time hdpiag parc:,ts arrange day<an: for lhcir children . Ms. Mohr opine.I that it is a a itical issue. it is no1 goiD& r~ go away and she llid she KCS ii getting tvr ,, more critical as lhc ycm go by. Then! arc children 111,o ,-1 mon, care and lhcrc m mon: child..., who need more care . n,,. O(her pcnpcctive. she a..'viscd. Is as an cmployor, IS she interviews perspective teachers she finds that one of lhc critical questions Ibey hive for her is what aboot daycan: provisions for my own children as ! a,mc IS an employoc Ir this par".iallar Ci t)'. She stated It is dillicull lo answer those questions whcr. she Imo"~ that lhcre arc. 't enough daycare situations for the tcac".en who a,me here wilh their chil<!ren . Tho third pcrspcctivc she said she wanled 10 shire is that she too is a parena. that she 100 aa:csscs dayc•r: in thi s pallicular City for my own children with Shtllcy Gibson, who offers line. loving. ""ndcr!W in home da) ca,e lbr bet dolldral . Ma. Mobr IIUd 11111 c:-11 --"!er ti-lllnle pcnpeclivCI • dley ...... and mob a 111CM on dlia ponlcular propooal , SIie IIIIOd ii IH crillcal OOlllpODIQI ol our lubue for Ille cblldml 111111 we clcal with. She 111d Ille..,_. with her 'Wbole i.rt ill ,uppon of w""'-c....;i can do 10 provide IIIOIC daycarc. Joon Smallwood, 4737 South Fox, llall:d thal lhe 11 a lkienlod daycare pnMder, thal she bu been lioem<d by the swe ofColondo fo, 17 ycan, althcu&b Ille bu bero resldilla ill Eoalewood aow for jult-• )UI and a half. She said, u Council ii wcll 1M1C, lllc came to this Chy, pwchuod a bome bac ud ,.. .. -r Informed thal R-1-A. bad the l'Cllricllons thal it bad. She l<MICld that, bavina spakCD with raltors thal have homes for sal e In the area. she dilaMred tbal 1h11 ii not III wv;ommon thin& 10 hive "-"· 'lbal you can come: into this Cuy, you CIII come illto III R-t -A. zoacdara and the roaltorl-'"'Y....,. ID sell you a boUle and will be vet)' clever .. not disclosill& how ialriclive this zoning ii. Sbe opialll that u a tltizcn you are n:ally tolally out on your own. you cannot rdy upoa your n:alior to p,ic you lllil infOffllllion. Sbe said it ii kiod of ary, to 11y the '"'Y lall. Ms. Smallwood llall:d thal her lJiaat COll00ffl ii wllll will happen if the zoniag mould ID IS it presently is, because to baa the cxis1<l>ce of dlild daycare homes or 10 c:n:alc conditions tbal c:oold biodcr their exiSICDCe is going 10 encourage the 1""'1h of unlicensed homes. Sbe llalcd it is '"')' bud lo believe thaa the residents of Engkl,'OOd don '1 care _, the quality of care that i1· available for them ID cl.-flom. Wbicb ii euctly what ihe proi--l amendment will do, she &lid. She opined that it will c:n:ale rcquiranents thal, if not successl'ul ly completed. will force dayc.m either undcrpound or inlO unlicensed daycare. She poinled 001 thal prohibiting child care is not going to make ii go away, ii is still aoia& to exist Ms . Smalh•vod noted that it is a sad but true fact that people do violat< la"~ 10 run businesses and if they can do so under aw.:r and "ithout notice of the City they will do so. At lcut. •he aid, when )'OU are State licensed we appear on a Ust our oames are there, certainly the City can find us and they cu 5hut us down . Unlike a Joi ol. bamc based busin<sla that )'OU can 't do that with. Sbellid Ille would really bate IO soc da)QIC go underground and unlicenxd in the City, Ms. Smallwood DOied tbal unlicensed daycare bu a "IJUlllioo for being oven:rowcled and c:enainly unsafe. She aid she would also bale 10 soc her choice of a ..,_ and an occupation be conlJOlled by perhaps the opillioG ofber aeigllbors. She DOied that Ille th.illU Ille Ills good neip,bons and they all suppon her daycare busioess, but she does not ltnow evel')i,ody who ma ,.ithin JOO fcet ol'bcr home, she pointed OUI they are tllking blocks away . She mainllinod thaa if~ have had a bad da)'C&re experience or for whatC\er reason , Ille did not know if they should have a ript to ldl her what she can do for a living as long as Mill she does ii legal, ii State licensed, awn,va( and monitored by the State on a continuous basis. Approximately onc-founh of the resideDtial a,ea io Englewood is a,m,nUy zoned lhi• way, all of the Clayton Elemenllr)' is zoned R-1-A . She aid 5he bas a strong concern for the childrer there , closing down the licensed daycare could incrwe the number of latdikey children. She stated 11-.al, as "e all well know, children sent home with keys" ut people to supcivisc them because there aren 'I any daycares in the area or the other altemati •~ ,>arents IO chose .ind suppon unlicensed daycare . Ms. Small~ noted that members of Counci l , ... od icaltd they feel thal the propeny values may decrease if there are daycare homes in the area. She said 5he It.nows thaa her borne hasn't dec:n:ased in the year and half that she hu been there and that it i• her underslaoding U..t most homes in the City of Englewood ha\'e incr.:ased in value, probably continuously, 01/CI' the last lill<cn years since we had our last maybe, depression . In the putthasin& and selling of bona, sbe llalod, sbe bas never bad a n:altor ever inquire of her what does her neighbor do for a living when prio,,g the value of her home. Children. 5he emphuized, are without a doubl one of our'""" precious•: ·.siogsand prolecting them is tho: responsibility ofe,-e')-body in this community . Licensed da~ •. -" opined. .-s the need of the pazents 10 have licensed care in a safe environment for their childn ·, Genevieve Franklin , 3084 West RadcliffDrh'C, stated that she has been a daycare provider for over tlurtJ· years at the same place, that she has never bad probleins with uallic. property or anyone. :;ne said the) do do it to survive and to pul conditions on them is really discriminating against them . Ms. Franklin noted that Shelley and Joan 5aid just about everything that 5he would have said, except tl\at she "'llllled 10 domlk Ill 1mr people 11111 C1111e to ,uppGl1 her. She 111d lllat abc hopod the Mayor ud City Council ~ t-'der 111d let lbc lllllln& ao wlllloul llll' coadldons that wwld keep than rn.m doinc it. BecaUIC. tlbe 111d, Ille ii 110C sme wllll tleia),bon woold do dtbcr, .-thou&h lhc bas never bad any trouble willa 111)1 aeigl,bon. Ms. l'ranklill IIIIIOd she does kMw that we do need tho cloycare and they do 1cM tho cbildlat and hlvina them la their homes. Unda ~. 7479 Sautll Depew S1reet. Liltldon. c:ommeotcd that she could QJ ew,rylhing lhat ovel)l>ody llcre bas said. lbcy cauld hundnds more people here lonipl lo back lhem up. BuL ahc: sald . as she Ill thole lillealng ii dawftal OIi her lhat she did daycare al 1056 West Radclllr Drive and she challettpd OouncU ., led< tllis up. Which. she ldvlocd. Is ri&ht next door IO her .,_ wbo bas dooe clllycare f.,. ~ yean. Ms, Mam,on,e,y advised Iliac w did ii for el&hl years, tho person Iliac owned tho ....... bdin her did It lbr 1"11 yean. m lhal is II least 18 years of combined. CX111bmD1S daycare . She awed lllat ......, she .old her ..._ h IOld for al t..a S 10,000 more lhlll 111)1 other bomc hid sold for in Ibo area . Site c:bal~ OJanc:il to look thole i=nls up, because, she opined. lbq• do DO( dcprccialc homes. lhey ....,...,we than and inc:rea,e their value. She asked who woold bring their children IO homes that are nm ckMft llld 11C filthy . She 1 ,t,d it docsn 'I happen 111d those people woukln ·1 be here if that MS the caoe. So, she aid, she challenged Council to look lhose ruords up of daycare homes !hilt have sold. She aid she thinks hen MS still the highest one in that area which has sold. bul that -In the last two years. Michael Bain!. 7217 South Sbcnnan Sum. pointed out that it is v,;ry obvious how ~ home care is to e>-eryone bm and that is wl,y lhey are all here. He said he would guess that the thing that he found interesting that the zoning problem came up and the gentleman has Slated how can they get a State license if it is DO( aDoMd in that zoning cmtrict. He pointed out that while zoning is imponanl some things arc much more important. He 1101ed the more imponant things sometimes go "ithout notice. because it docs outweigh a lol olothcrlhinp. He said that is just a simple obseMlion. Wendy Sllllilwood. 6296 South Marion Way. Littleton. said that IS a product of a single 1,iam,1 home when she -growing up she went to a child care ceuter and then she went to a home daycare center, where she gal much more care and better care in . She stated that she waits on that 1'1>11W1 when she works every now and then and she is a wonderful woman . Ms. Smallwood noted tlw her mother-i n-law also take, care of her daughter and IS infant she screamed all the time . She said she would not want an}i>ody in a ,cgular daycare c,nter talting care of her, because she knows they would ha,-c let her scream She adviltd lhat her mod!cr-in-law did not do not and she woold not take her daughter anywhen: else , bu1 to a hone daycare. Angie Meuler, 10935 Nonh Chatfield Ori,,., Littleton. stated that her grandmother docs in home daycare and she is vay jealous ol all the children that get to go there, because she is too full to lake her son ri, ,1 now. She said she knows she gives excellent care and if you arc talking about the dcpn,ciation ofth . value of the bomcs. she poinled oul that she has seen several homes in this area. on her SUQ:I and blocks away from her hou9e. that are so trashed that if anything those are the ones that arc depreciating the value , broken down cars. yards that are not taken care of that are just completely trashc<i Ms. Metzler commented tbal if anything she spends her 1'=<ends working on her yard, so her yaro looks grea1 and her childn:n au well taken care of. Coun cil Member HaLl\away asked that all of the letters received by Coun cil and the CitJ Clerk n:gardin g lhis issue be cnten:d into the public ra:ord. Ms . Hathaway pointed out that some arc pro and '°""' ·· .:on . !Clerk 's nale : Leners from Jackie Howard. Carlyle and Eva Eisenberg. Mary E. Paxson. Kim and Val Wilhelm. Mrs. Fra.iklin. Jacqic Gee . Frank C. and Ethelyn H. Mine r. Mary Lynn Bain!, Eileen and Jeff Hernly and a letter signed by Richard D. and fo, Betty Ann Dittemore"~"' enlen:d into the record .I • COUNCIL MEMHR HATHAWAY MOVED, AND tT WAS 51:CONDID, TO CU>Si. TB£ PIJBUC IIEAJIING RIGAIUIING 11R DAYCARI IN R-1-A. .~: Coullc:il Mcmbal Halllawly, Vormiuaa. Wlgins, Habcllicht, Wauoacr, Clapp. Burm NQi: w- Molioo curled and the pj>llc bo&ria, cloocd. Ma)-or Bums advised thal, IS he meolionod earlier, Coullcil will -Oil lhls 111111e< 11 the next regular Cow,cll meeting, November 11, 1996. Ke lhlnked ...._ rc,, c:omina and 1111a11h11 Council IPl'"'Ci•lal lhelr inlereot in Ibis subject. COUNCIL MEMBER BATRA WAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA 111:1115 10 (1) (I) mROUGB (>I) ON FIRST READING, (a) Appnwe Ill Fin> J\eadina (i) COUNCil. Blll. NO . 61, INTllODIJCED BY COUNCil. MEMBER HATHAWAY A Blll. FOR AN ORDINANCE EXTENDING 1llE TEMPORARY SUSPENSION OR MORATORIUM ON CERTAIN MISCELLANEOUS BUSINESS LICENSES FOR AN ADDmONAL PERJOD OF FOUR MONlllS. (ii) COUNCil. Bill NO . 69, INTllODUCED BY COUNCil. MEMBER HATI¼AWAY A Blll. FOR AN ORDIN ANCE REPEALING TJ11.E S, CHAPTER 12 , SECTION 3. OF 1llE ENGLEWOOD MUNICIPAL CODE I 98S PERTAINING TO GOING OUT OF BUSINESS AND DAMAGED GOODS SALES AND RE-ENACTING A NEW CHAPTER 17 . (iii) COUNCIL Blll. NO . 66 , INTRODUCED BY COUNCIL MEMBER HATHAWAY A Bill FOR AN ORDINANCE REPEALING TJ11.E S, CHAPTER 12, SECTION I A. OF 1llE ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO AUCTIONEER LICENSES AND ENACTING A NEW CHAPTER 18, AUCTIONEER AND WHICH REMOVES AUCTIONEER FROM ORDINANCE NO . 2S, SERIES OF 1996 WI-OCH PERTAINS TO 1llE MORATORIUM OF LICENSES IN 1llE CITY OF ENGLEWOOD, COLORADO. (iv) COUNCil. Bill. NO. 67 . INTRODUCED BY COUNCil. MEMBER HATIV.W.•Y A BILL FOR AN ORDINANCE REPEALING TITLES , CHAPTER 12, SECTI ON IA . OF 1llE ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO CHRISTMAS TREE DEA '.ERS LICENSES AND ENACTING A NEW CHAPTER 12. CHRISTMAS TREE DE ALERS (v) COUNCIL BIU. NO. 61, INTRODUCED BY COUNCIL MEMBER HATHAWAY A Blll. POr. AN r«DINANCI! REPl!AUNO TflU! 5, CHAPTER 12, S£CTION 18, OF 11iE EN GLl!WOOD MIJNICPAL CODE 1915 l't!JlTAINlNO TO POI.JCE AND DE'reCI1VE SERVICES (PRI VATE l'IRMS) LICENSES AND ENACTING A NEW CHAPTER 22, ENTTll.ED P!ll.lCE Al.-.0 DETI!CTIVE SERVICES (PRIVATE FIRMS) AND VHJOi REMOVES POUCE AND DETECTIVE SERVICES (PRIVATE FlRMS) FROM ORDINANCE NO . 25, SERIES OF 1996 WHJot PtiRT AINS TOTIII! MORATORIUM OF LICENSES INTIIE CITY OF ENGU:WOOD, COLORADO. (vi) RESOLIJTION NO. 90 , SERIES OF 1996 A RESOLIJTION A\JJ1KlRIZlNG 1llE ENGl.EWOOD PUBLIC LIBRARY TO 1MPLEMENI' 1llE ANNUAL "FOOD FOR FINES" PROGRAM FROM NOVEMBER 12, 1996 lllROUGHDECEMBER 20, 1996. veee....its: Motion calried. Ayes: <:.,uncil Members Hathaway, Vorminag. Wiggins. llabcrudlL Wll&(lncr, Clapp, Bunu Nays: None COUNCil.MEMBER HATHAWAY MOVL ,AND IT WAS SECON DED, TO APPROVE CONSENT AGENDA rn:MS IO (b) (I) THROUGH Ci•) ON SECOND READING . (b) ApproYe no Second Readir.g (i) ORDINANCE NO . 51, SERIES OF 1996 (COUNCil. Bil.L NO . 56 , INTRODUCED BY COUNCil. MEMBER HATHAWAY) AN ORDINANCE AUTHORIZING AN INTEROOVERNMENT AL AGREEMENT BETWEEN 1llE SOUlH ARAPAHOE SANITATION DISTRICT. SOUlHGATE SANITATION DISTRICT. lllE BOARD OF COUl<n' COMMISSIONERS OF 1llE CO UNTY OF ARAPAHOE , WASTE MANAGEMENT OF COLORADO, INC ., AND TiiE CITY OF ENGLEWOOD . COLORADO AMENDING 1llE CURRENT WASTEWATER TRANSMISS ION AGREEMENT (ii) ORDINANCE NO . 52 , SERIES OF 1996 (COUNCIL Bil.L NO 57 . INTRODUCED ~y COUNCil. MEMBER HATHAWAY) . AN ORDINANCE AUTiiOIUZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN TiiE U.S. GEOLOGICAL SURVEY , \Jl'1TED ST A TES DEPARTMENT OF 1llE INTERIOR AND 1llE CITY OF ENGLEWOOD, COLORADO ENTITLFD U.S. DEPARTMENT OF 1llE INlERJOR U.S. GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT FOR WATER RESOURCES INVESTIGATIONS . (iii) ORDINANCE NO . 53 , SERIES OF 19% (COUN Cil. BILL NO 58 . INTRODUCED BY COUNCil. MEMBER HATHAWAY) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 1llE URBAN DRAINAGE AND FLOOD COtm\OL DISTRI CT AND lllE CITY OF ENGLEWOOD . • • ........ CIIJc:-cll ~ ... "' .... ., COLORADO mmnED OO'ERAGENCY AGREEMENT CON€ERNINO DRAINAOEWAY IMPllO\ll!Ml!NTS ON Wl!STH.UVARD GULOI IN 11iE CrTY OP ENGLEWOOD, AWAHOE COUNTY, AGREEMENT 96-0l.09. (iv) ORDINANCE NO. 54 , SERIES OF 1996 (COIJNCIL BltL NO. 59 . nmtODUCED BY COUNCIL MtMBER HAlHA WAY) AN ORDINANCE A1Jll!ORIZIWG AN INTERGOVERNMENTAL AGREEMENT Bm-wi.EN THE URBAN DRAINAGI! AND n.ooo COl\'TROL DIS'X'RJCT AND nm CITY o~, ll NCil.EWOOD, COLORADO ENTT1l..ED AOREEM1!11TT REGARDING FUNOING OF CITY OF SNGL!:WOOD CTN-WIDE Otm'ALL SYSTEMS M.ANNING, AP..APAHOI! COUNTY· Aeik~ 96--08 .06 . voc.....its: Malian carried . AyCS'. Council Members Halha~, Vornlittag. Wi,W!lS. H.obeniehl, Waggoner. Clapi,. Bums Nays : None 11. Onllauccs, Raolutiou ud Molin•• (a) Appm-e on First Reading (i) Director Gryglewi ~ rc:...,i,od • •~onun,odalion from the Dcparui eM of Financial Scniccs to adopt bills for ordinances approvin& tbc I '.'97 budget for ti!< Cir:, of Engl "'ood. He achisal tliat on July 22 , 1996 COWICil rcviewod the Five Yea, Cap ua! Plan. 11le Opc;~ng Bud/:tt "1.t mic..-ed at the September 28 . 1996 Budget Rellal. a public hwin, ~~•don the i'JopusrA ¾et on September 16. 1996 and again on Oclabcr 28 . 199(< Cooncil r"'cwcd th<. Budg,:t at st1d y si:s,,ion . Mr. Gryglcwicz sated that lhcY ba\-e before them bolh the Budge\ and the approp riali ng crdi,llJIQCs; and ..air asks for approval on firs1 roading. Council Member Hathaway asked if it balances and ;r,.,. an: in the black. Director Gry1,cwi0. said yes \\'C arc. (I) The Cieri< MS asked to rtad Council Bill No . 63 t,y title : COUNCIL BILL NO . 63. INffiODUCED BY COUNCIL MEMBER HA IBA WAY A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY Or EN GLEWOOD . LORADO. FOR THE FISCAL YEAR 1997 . COUNCll. MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) (I)· COUNCIL BILL NO. 63. A)-es : Coun cil MembeB Hathaway, Vonniuag. Wi&Jins. Haben ic ht. Waggoner, Bums Nays: None Absen t: Council Member Clapp Molion carried . Mayor Bums explained U1a1 Council Member ,...,,pp has left for th e evening go; sh e was n't feelin g we ll . He stated she came just for the counci l meeting. she told him she wanted 10 be he n: especially for the ......... Clt,c-11 ~~r4,ltM ... II borne day care dia:ullioo. Ma)u Bunu said 11111 llley lhuk her Cot, i• llrocl, &fflina ouc or lhc ca bed 10 come here ror lbll, ud ., "'° bu been CJICWOd. (l) The Clelt WU asked 10 read Council Bill No. 64 by lltle : COUNC • Bll.L NO. 64 . INTRODUCED BY COUNCll.. MEMBER HA 11iA WAY A Bll.L FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN 11iE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGJNNDjG JANUARY I, 1997, AND ENDING DECEMBER 31, 1997, CONSrrrtmNG WHAT IS TERMED THE AN!',1JAL APPROPRIATION Bil.L FOR 11iE FISCAL Yl!AR 1997. COUNCIL MEMBER HATHAWAY MOVED, Al'ID IT WAS SECONDED, TO APP ROVE AGENDA ITEM 11 (a) (I) (l) • COUNCD , BILL NO, 64, Motion carried. Ayes: Council Memben Halhaway, Vonniuq. Wi&&ins. Habenicht Waggoner. Bums Nays: None Abserll : Counci l Member Clapp (ii) A n:commendation from lhc Departmenl o(financial Services to "PP""" a bill for an ordinance establishing !he 19?6 Mill l..e\')' for Collection in 1997 was ainsiderul . Thi: Ci1y Cieri< was asked to read Council Bill No. 62 by 1itle: r:QUNCll.. Bil.L NO. 62 . INTRODUCED BY COUNCll.. MEMBER HAlliA WAY A Bll..L FOR AN ORDINANCE AXING THE TAX LEVY IN Mll..LS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD . COLORADO, AND ESTABLISHING A Mll..L LEVY FOR THE ENGLEWOOD DOWNTOWN DEVELOPMENT AU11lORITY. COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROV E ,.GENDA ITEM 11 (a) (ii) • COUNCIL BILL NO . 62. Mayor Burns asked if the number for General Fund Operation, on the Council Commuruca1ion on financ ial impact, third line from lhe bollom, is .rrect . Director Gryglewici Slated lhal wha1 ii si-Jd r,ad is lhal lhc SU million is wha1 "" budge . J 10 a,llcct (ncl ofuncollcaibles. abalcmcnts. etc .). Motion carried. Aiu: Nays : Abseot: Council • ,.mber, Halhaway, Vormiuag. Wiggins, Habenicht Woggo ·. ,Bums None Coull(,, Me mber Clapp (iii) A recommendati on from the Department of Fi nancial Services to appro,-c a res..'.''.1tion approving a supplemental appropri atio n or Capita l Projects Fund rcservts 10 fund Lhc lntcmct A~,; Project in the Library "'115 considered . The resolution was assigned • number and read by title : • • • • RESOUm0N NO. 91, Sl!Rll!S OP 1996 A RESOWTION AMENDING nm APl'RO\ll!D 1996 BUDGET AND APPROPIUATI ~o MONIES FOR 1llE Cl1Y Of ENOLl!WOOD, COLORADO. COIJJIICil. MDIII:■ HATHAWAY MOVl!D, AND IT WAS SECONDED, TO APPROVE AGEJIIDA ITDI II (a) (iii)• RISOLUTION NO. ,1. saaus 0'1"6. Council Mallber Hathaway uted. lfwe-,e able lo_.. a Fut ror this next year, it -,Id olfsct this ponia,lar c:,ipa,diluR. Dilllc:IGr Loag llill ya. Ml. Hathaway saJd she uswned we ,.'OUld Uy again . Mr . Long 0IIIDll-.d that WC CID always Uy again. Motion carri<d. Nays : Absent: Cowicil Members Hathaway. VOl'lllinag. WiUlns. Habenicht. Waggoner, Bums None Cowicil Mtlllbcr Clapp (iv) A ruommcndalion liom the Office of Neighborhood and Business Dc\'Clopmeat to adopt a bill for an onli-...,.-ovi■g a Pilnacd Unit Dcwlop.-lbr Brool-..ridgc Sbol]ping Calla and to SCI a public hearing OIi this _.., for Doccmbct 2, 1996 wu c:onsidaal. The City Clcrt ·..-as asked to read Council Bill No . 60 by ~tic: COUNCU. Bill. NO. 60, INll\ODUCEO BY COUNCIL MEMBER HATilAWA Y A Bill. FOR AN ORDINANCE APPROVING 1l{E REZONlNO Of 1l{E !IROOKRIDGE SHOPPING CENTEP LOCATED ON 1l{E SOU1lffiAST CORNER OF BELLEVIEW AND SOUTH BRO ADWAY IN 1l{E SJOO BLOCK. CURRENTLY ZONED B-2, BUSINESS DIS'TRICT TO A PLANNED UNIT DEVELOPMENT. COIJJIICil. MI.MBER HATHAWAY MOVED, AND IT WAS SECOND Ell, TO APPRO ",E AGENDA ITEM 11 (a) (iv)· COUNCIL BILL NO. 60. Council Member Waggoner opined lhat this just docs not seem like lhc right thin g 10 do 10 a shopping ocnta. lie sWcd ti, u he bas probl ems ,.;th it. Mayor Bums noted that is his pri vilege. thal this is firtl reading. Ayes : Nay : Absent : Motion carried. Council Members Hathaway. Vormittag . Wi ggins. Habe nic ht. Bum s Council Member Waggoner Council Member Clapp COIJJIICIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO SET A PUBLIC IIE.AJUNG ON COUNCIL BILL NO. 641 FOR DECEMBER 2, 1996 AT 7:30 P.M. Ayes : CounciJ Mcmbm Hothaway, Vonuittag. Wi&sins. Habenicht Bums Nay: Council Member Waggoner Absent: Council Member Clapp Motion carried. (v) A I 1 8'::, from Ille Office c,(Nelpbomood Mil BUlinCI Dcvdapmcnt 80 adopl • bill filr u ontinance opprvvina • Planned Uni: DevdapDcnl ror :he Meridiu Apart-. Ind 80 Id I po.Mic lieuills oa tlll1 moner lbr December 2, 1996 WIS a..idm:d. The City Clcrlt WIS ul<od ID lad Council Bill No . 65 by title: COUNCll.Bil.L NO . 65, DmlOOUCED BY COUNCll. MEMBUHAlllAWAY A Bll.L FOR AN ORDINANCE APPROVING 1llE REZONING OP TilE ENGLEWOOD MERIDIAN PR01'£1lTY LOCATl!D AT 3455 SOUTH CORONA STIU!ET, CURREml. Y ZONED tN lHE R-3 DISTIUCT, TO A PLANNED UNIT DEVl!LOPMEtrr. COUNCIL MDIBER BA111AWAY MO~:,, AN!l iTWAS SECONDED, TO APPROVE AGENDA ITEM 11 (1) (Y) • COUNCIL BILL NO.~- Ayes : Council Memben Hathaway. Vonnhaag. Wisajns, HabenichL Bums Noy : Council Member Waggoner Absent : Council Member Clapp Motioncanied. COUNCIL MEMBER BA111AWAY MOVED, AND ITWAS SECONDED, TO SET A PUBLIC HEARING ON COUNCIL BILL NO. 65 FOR DECEMBER 2, 1"6 AT 7:Jt P.M. Ayes : Council Memben Hathaway. Vonniuag. Wiggins. Hab<nich~ Bums Nay : Council Member Waggoner Absen t Council Member Clapp Motion canied. (b) Approve on S<,::ond Reading There were no ldditionol items submined ror appro\'al on ,ccond lading. (See Agenda Item 10 • Consent Agenda .) 12 . Gaeral Di1a1 ..... (a) Mayo(s Choice I. Mayor Bums urged <\'"')'One 10 vote in ravor of the bond Issue 10 finance :he Water Tn:atmen1 Plant improvements which "ould rwdcr them a G. 0 . Bond and save considerable money in interest payments on that mcasun:. He said he hoped the public has a good undc.standing of that when they vote . Council Member Wiggins commented that he wished the folks Iha! wen: hen: earlier could ha,-c heard I.his . 2. Mayor Burns noted this is I.he fim council meeting they ha1-c had sina, :hey had the ir celebration with Amy Von Dyken. He said :hey all had a gn:al time Ind that then: was a nice ~ on it in lbc Englewood Herald . He co..-od Iha! they wen: all very sony that the parade had 10 be canceled. but I.hey had a """'1crfW time with Ms. Van Dylten . she wu a wonderful guest . He mentioned Iha! a lot of pictures wen: taken , autographs given. and the kids that came got a big kick out of il Mayor Bums Slated they,.,.,. VCI)' grateful 10 Ms. Van Dyken 10 come down and join with us in t.hal cdcbration He said the) ga,·e her the key lo the Cil)· and a lot of other gills . • • • J . ~Bunllpoinledoutlhaldicl!llp'MIOdHlpScbooll'IIWlblve-,lbeirlcal\lC c I-! 4*wlllF lhlt )W lbrdle 11111 llmc Illa 1956. On bebalfolCauacll lie~ diem 111111 ....s dial perhaj,I lhcy wwid -to have -,pocial rtcopitlon with diem when thelr- c:oadadcs. 4. Mayor Bum, mcotionod that the boy'• mca:r team hll conc1.-t),dr IOUOn, but that thcy wen: in die playoffs 1111>. 5. Mayor Bums ad<nowlcdged the nlcie let1<rS the City RCCivcd from Sheridan ropnllng the Clay Street O\ffll)' that we did to improve lhal lilcility over the,.. He lllid there wen: 1 lot of compliments about die quality of the wort and Public Wens personnel who worked on lhal . He congnitulated them for lhll (b) Council Member', Choice (i) Council Member Vonninag. commenting on the '"""°" do= by Belleview and Broadway, aid that he thought maybe Council could look into pusing an ordinance and not allow them anymore. He ISkcd City Manager Clarl< 10 chcclt in to It . He opined that thcy uc .wting to get unsightly 111d maybe the City could put I height ratricdon on them . (ii) Council Member Wiggins SIited that he noticod the ventilation l)"stem was non functiOJII this evening. He commentcd 1h11 oar janitorial ICtVicc scem1 to be IIDIWlU1: thal wc bave aJUDCil ..-ings on Mondays and they shut the whole thing off. He llid if they just fflO\-C the air in this place it ~d help, that he was rcl1 v,nccrncd about the coffee machine back there. he just ,.;shed he -..Id worlt on the ventilation 5Ystem . 13 . City Mu1c<r'• R,port (a) City Manager Cllrlt noted that Council r<ceived his bi-weekl y report in their pacltcl regarding Cindc,.lla City . He advised we arc still waiting for a PUD ljlplication subntiual 10 the City and wc know that the Miller-Kitchell people uc looking 11 that. He stated there is not much new ,.ganling tenant recruitment. that we do ha,-c a grocer that is still interested in the site. although we have indi ca ted that there docsn 't seem to be a lot of inten:st, on the part ofU1e City . to sec that type of activity the,. "ith rcprd to how it fits with the uvcmll theme that ,. ... ,. trying to achieve . Mr. Clark advised that progress is still being made with RTD ,.;th rcprd to the inccrgovemmcntal agreement. He stated that Dir<etor Esterly is hopeful that we can get that wnppcd up by the first ofDcccmbcr. Mr. Clark noced there is no1 much new ,.;,h regard to the live acre Sclbc/KRA VCO site to the north. Mayor Bums advised Council that he had lunch ,.;th Skip Miller last week. 11 his "'!Ucst. and they wen, cr,-cr some of the same things Council has been dilCUSSing with him in recent Executive Sessions . He said there was nothing particularly new. tha1 he felt Mr. Miller just wan ted to calk . Mayor Bums stated he is awaiting his submittal . just lilce everyone else . and noted 1ha1 is when the rcl1 work will begin . so he was bopc1W he could get that in withoul too much mo,. delay. (b' City Manager Clark advised tl"11 he received a lcucr back in October from Jim Recs. who ,s the President of the Engl°"ood Small Business Development Co rporation. and usually the C11y has a •;talf member, and currently Bob Simpson is 1)111 person. who is the City 's rcprcscntal ivc to the Board of Directors. He staled that Mr. Simpson's term expires at the end of the )"'1T. Mr . Clark asked for Council', consent to have Mr. Simpson conti nue 10 serve . COUJII MUDD IIA111AWAY MOVU,AHD ITWAS IICONDID, TO RAVE IOa SIMPSON CONTINtll AS TD CITY IIPUSSNTA11V& TO THI INGLIWOOD SMAJ.L BUSINISS DEVELOPMENT COIPORAnGN FOR A ffRM THAT ltXPIRltS 12/JU,7, Ayes: c.-cil Membcn Halhllway, Vonnillq. Wiulns, Halienicbl, w...,_,...,.... Nays : None Motion~m~. Abocnt Council Member Clapp [Cieri<'• IIOlc : This item wu Ulled • Aacnda 11cm 13 (a).J 14. City Atton,ey'1 Repon City Attorney Brntzman did DOI ba\'C any manen 10 bring before Council . 15 . Adjoll,....t MEMllER HATHAWAY MOVED TO AD.IOURN . Thcmectingadjoumed119:14 p.m.