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HomeMy WebLinkAbout1996-11-18 (Regular) Meeting Minutes• • INGL&WOOD CITY COIJIIIQL INGL&WOOD, AIIAPAIIOI COUIITY, COLOaADO ....... 5-- I. Call to Onlu Tbc rqular meetia& of Ibo ~ City Council -c:allod 10 order by Ma)« llwns 11 7:40 p.m. 2. bvocatloll Tbc iDYOC:lll...t WU giYCD by Council Member Wiggins. J . Plcd,e., Allqluce Tbc Pledge: of Allcgiaacc -ns led by Mayor Bunu. 4. Roll Call Plescnl : Abocot; A quorwn was prtoenl. Cwocil Moabers Hllha~. Clapp, WiaiDs, HabcnJcht, vomuaa,. Waaoncr, Bums Nooe i\11Qprcsa11: CityManagcrClarlt 5. Miaata City AUoney BnJIZman Asiislant 10 lbc City Manager Grice Deputy City Clcrl< Castle Clpe,ations Manager Ka\'insl<y, Public Woru Dinx:tor Gryglewicz, Financi.il Scnia:s Dinx:tor Fonda, Utilities Dinx:tor Malinowski , Englewood ~ Authority Neighborhood and Business Dc\'clopmon1 Manager Simpson (a) COUNCn . MEMBER KATHA WAY MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES Of THE REGULAR MEETING OI' NOVDOll:R ", 1'96. Ayes: CoonciJ Mcmllcn Hathaway, Vonninag. Wiggi05. Habcnich~ Waggoner. Clapp. Bums Nays : Nooe nae motion carried. 6. S<btdultd Visitors (a) Thcic were DO scheduled visitOB. 7. Noo-11<btdultd Vislton BnalcwoodOlyCaacil Nowmbcr II, 1996 Paa• 2 (1) Riclllld Di-, 2239'Bal Floyd Pllco, IIIICd 11111 be bu boen I raidcal of Englewood for thirty-nine yan. Ho 111d Ml lllipllorbood but.a p,od fDr raidcawl living, 1 nice pba, to raisc fllllilies. Ile advised 1h11 the illl:c bdore lhem toniglll Is clcllnod both lcplly and emotionally. 1.oning, be opined, CIJlllOI be .,..nod by emotion boc:ala WI iJ I lliippe,y rock. He fell lhe purposc for the propoocd umiag cblng,e is to llllke it easier for ltllr. He aid lbere hive been ordinance viollliom and fccls the Slate -laaJnect In 1101 checldn& the zoni111 11 !he lime of licensing for daycare purposes. Mr. Dittemore IIIICd Iha! dley are uking for ,pot ZIOGing for I l"OUP of....U- meaning people who did DOI ralize Ibey wen: in Ibis legal spot Spll 7.0nlng ii lD lllmpt to gm I special righl 10 I poop of propc,ty ownm, be ~ and iJ govcmcd by cmotioas. lie aid lherc are bWldnlds of pmpeny.......,. whooc ripts "'ill be aflllctod and who an, DOI l'tpRCll<ld here lllllight. whose zoning will be degraded by allowing • business enterprise In I reslde:ntial zone. If you br.'C 1 special c,a:q,ccd USC, then )'OU CID bow: ID0lhor heiring, but many of Ill, be aid, ... too old lo a>mc to bearings to defend the integrity ol our zoning. Rqanling pn,perty wlut1, be fccls Iha! ,.l,en people a,mc to buy I home, they ch<d< !he :zoning and they 111< .,.... changes are liking pllco in the neighborhood. He said none have lakcn place. we don 'I have any tranlitionaJ mning and we don ·1 bow: any Olber business enlcrpriscs .!here. This, however. gives Ille right to someone 10 a,me in, ,'lave I msincss. have pl aygrounds in the back, have an RV unload six l:ids and dlop them in lhe neighborhood. Thi! isn 't 100 bad. he said, beause tbesc people m 10\'lble people. He llroaod Iha! he is DOI clllllcnging them. bu! rather he is chcllenging what is happening 10 !he underpinnings of zoning and 1Jlf.;ng inlegrily in !his city. He feels it would be homogenizing commen:ial zonJ111 wilh residential by !',1< application oflhis ordinance . Mr . Diuemore cxp,es,ecl sympalhy for the peop!, involved, many o. who1u are innoecnL Some or !hem, h<M"Cw:r, probably bought beclmc they figured Ibey could !la\.,, a dly<:lre business in a residential zone . Once you stan brcalcing d""1I tbc wallsol...,...tion olz.."11C, the whole thing can crumble. The "CSUIL be felL would be a city Iba! dots DOI bav,.• distlr.cti,'C resfdcntilJ ll'CIS and !he composition of the city and its regulations can be dcstro)'cd . Stall'. be <aid. while they can be symp<1Urctlc, have a burdco o'dcaling wilh and enforcing their onlinance. He rca>gniz,d Iha! it is hanl for stalf10 enforce !he onli,w,ces. staling Iha! 1hcsc pooplc 00Uld be his friends . Jlowc>,c,, be feels that when lh<y bring a bus iness into his ncighbort,o,,d, 1h t lll'O invading !he neighborhood wilh something !hat we didn ·1 plan on when we bought our homes. This woo.Jd be I braking do\111 of the qualily of !he neigllborhood and !he properly values . He asked Council to lhinlt !he r:,atter over and remember !hose whose property rights m going 10 be a!Tecled. (b) Rita Treichel 4849 Soulh Gallpag<1 Street, told Council !hat she docs not ha>'C a daycare in her home and nn k' ager bas I need for a daycare for her children . Sl.c believes. however. !hat daycare in !he borne is lhe best altcmath'C for the •-orlting parent bccaU5C ii all°"' !he cluld 10 stay in a close proxi mily 10 its homr. It gives !he child a fami liar area 10 be in and other neighborhood childl'Cn 10 be ,.;(h in a real home setting . She said she realizes some people lhink !he more formal commercial daycare center is !he best alternative for !he woning partnl. Ms . Treichel staled her belid !hat prohibiting daycare in !he home will take ""IY !he moc!om of choice for many porcn!S, which will negatively lll'ecl !he desirability olliving in this CDIIIIIWlily . Some years ago, Ms. Treichel said. she made !he choice lo stay in Englewood wbcrc her da,1gll1cr was familiar wilh her in-home daycare famil y, neighbors and classmates. A later l110\'C lo Aurora was a miserable experience and she moved back 10 Englewood last year. She said she is saddened at !he thought oflhe negative impacl prohibiting in-home daycare ,.; II have on !he almOSphere of !his community. She asked !hat !he freedom or choice between in- home and commert:ial daycare be allowed . (c) Cindy Gagnon , 3183 Soulh Race SIJ'ecl, said she has been I li c,nsed daycare pro,i der in the Hampden Hills community for !he last five yeari. She feels ii is important 10 !he parents of her daycare children 1ha1 she is a licensed da):can: provider. vemis an unlicensed provider, bccaU5C firstl y, both she und her husband were fingerprinted and !heir backgrounds "'Cl'C checked by !he FBI. This assures the parents ofa s.1fc environment for their children . Secondly. Ms . Gagnon said . she is current in • • • • • CPRandlinl..W ID 1h11. ia lllo-ol•........, la.,...,_. .............. lllle to pn,rido lhc_,,con,atillbo..,._..lltthffl. 'l'llinllJ,lhellid, llw..,_.,_....,lmpeclldlBd aflllRMd by Social~ ...i II a_,awotllllCIIL Tllo Ila poial, .. llid, lilllll lbere l1 a ilmlt CN1 1bc r.-bcr ol cllikft;. •-CM ilr. lier parenll caa be .---11111 dlele w!II IIOI be luJC aumbcnol~ in hcrllomeM-, pmlia,c. Ml. flqnon ..... C-Udllllboywill nnlbc al>lcto..-all_,,.,.,.._.llliplladlaod,oely~.,.._ U~tay,:arepnwtcle,swill remain. repnllea ollhczoniq i-i--. aood dlycaro fordlalrcbildNa. TIiey may bebced to put tbcir childral in an~ facili1y. Sbo alltcd Coa,,,;II IO CICNllidll' lllac ~ ii a crillc:II need that is not goiD& to IP away. SIie feels ollmillllina lloena da)'CAR providers will open die door for unlice: • pn,vidcrs io ..i Ille • ....., al children Ibey are Filll io WIidt and bow rare 1bclr house is. (d) Conaio l..fty, 6745 s.b C..-St-. lDld Coam:1111111 sbc ii• llmaod daycare provider in Anpal,oc Co,an(y. Sllc .. been la tbls bulimailr-,-tMI~-· bu ..... UIIIN:lar, alllilling caregiwn iD lhcir liccnli81 ~ Ms. Lfty llland lllac dlele are_., few family unill 11W c:aa ailJ exist on one Income. One oflhc oplior.s fur lhc •·oman in a pr1.-11ome ii to d!ooso 10 pn,rido -can, for child~• Olbcr tban her own. She advitod 11W CoiolWfc rub in the top lal states ill Ille aJUD11y willl ,qard lo oa-goiftl training and liczmt ~-Silo -lllll she docs not wish lO baYC .. zain&, poinlia& ... WI tbcrc are lots of Olbcr -for"""'°" OIII ofyoar home. such as peaplc wllo ~ willl compu,m. pcoplo wbo -~ for lhc Cil)' ucl...., .....-n in lhclr home, people HO"""' out oltbcir pngcs, 11.-who or!! A.\'OII and Ma,y Kay . Tlao people, she said. are not ....,_;,.I to UYO --Uca.s bocauso lboy don 't write olla pall ollheir bomc M taxes. Ms. Lery aid dl)'CIN is a businm willl a...,, and they wou'.da'l be i.n 1..i-if llleR ....,..I I need. P...,ic need -to cue~ indr dlil~n, lic:emed or ualicc& :d, Cltllltt or llomc, ii teally doesn 't 111111<%. Whal u,e Cil)' bu to a,ec to laml with is aolving lhc pn,t lem, as did A-Ind Sheridan. by allcw,in& cll)aR in lbc home with a City IJusi,e:;s lice..,_ She n,qucsted that the City Id the pt<MdeR kDow wllal ii requim prior IO their bciftl lic:mscd by 1bc Slate. Ms. Lewy Sli,! this il.!""ffllllion should be readily available 10 anyooc wbo -it. It should be published 0t1 a quarterly basil so that they aren '1 surprised an.r many ycan in......._ She aid she ... ny doesn't UYO an opinioa as 1, which wry the zoning should be. but she wants the information to be out tbcrc prior lo somebody being licensed. (e) Jackie Howanl. 10725 West Ontario PJ,,a,. Littldon. pointed out all the people prese nt who support in-home da~ and acknowl~ thal llds is an ,'.1Mlional iss-JC. She swed Iha~ as the fi~ gcnllcman said, this is a slippery rock. it 'IW'chidml', ful\,re. She •aid she •-anl5 IOmOOIIC who wiU be rc,pomiblc for 1h11. -who will i.Jte car.. cf ha chik/...._ a,,d, unfortunately, not all or us can be home with our childn:n like we would like tn:.:. We c;,.,... ~-.arc, she said, that we foci will be responsible, that will mold our childla, and who kDow usando-trv,iucs. Ms. Howard said she has been a letter curler in this~ for <Mr lea ycan. She aid sbc tnov., th neighborhoods and she knows the~ are inswance bulincsacs run OUI olthc bomcs. as well as daycares, Sanh CoYenU)•, Mary Kay, and a lot or alhcrs. SIIC docs not foci this kind al thing all"OCII property values II all . The n:altor RycR she sees whcn delivering mail ,uppon that SlllallCnl. she said. and ISlalcd that Englewood homes sell for top price . She (oc/J Ille property valU<S a« not wllll is II slake here, but rather, ~ are a few people in O,c neighborhood "ho don't want to be bodacd with • lowly daycare. T'bc reason tllcir ncigllbomoods an: what they lilt is bocaUiC wbcn their kids wae srowilll! up they hlad laughing childml in IN ncighborbood . lboy had an oppoltllDil)' to look al the world through a child 's eyes. and Ibey need 10 look al daycare as our fulllrC , iOSICad of as a lowly business. She said anyone ,..ho is oppc-.110 Iha~ shame on them for le11.ng down our kids. (I) Vera Mootc:z. 292S South Elati Stroc1, pointed out that she has been in Englewood thirty-five years and has been doing daycare for eighteen ycars. She rad the follo\\fog letter from the Governor 's office : "Dear Mayor Bun,s: I undcrsland that the Englewood City Council soon -.;11 be co nsidering amcnd.men1 of the R-1-A 1..0ning restrictions for in-home day care prD\i dc~. As the CloYoram't Policy Dinldllr far Faailiel ad Cllit--.1 ~ lib ID u,p Y"" ud Ille COlllldl ID rq,eal llle~lllal--lllmllydllld..,..,_,.-taceillia raldoldllr•lllop!. JU,oe~. cbild...., it a villi tefvioe ror Colondil l'lllllllila _. u 1aaio dial.,_-. a 111p prioril)I ror Gove-,...,.,, Rona. Cllrrnlly, ....,.tixly,-...fll--.widl cbildml underdla11tollixan ill 111e-1q1111;, It it _,tlal thal paralll uw qwility cllild can, apliont to that lhclr cbildMI ca NCeive the bes/ ca•t poGiolcwbcalhoyllaw1Dbe11woot. FNllilydllldcarei1aacxucmcly--.tchala:fo ·pem,,s because it provides quoliCy child,....., in Ille family'• DCigbbomood. AJ we_..,. uead to llltCOllfully implement welwc rd'onn, it it crilical 11111 the cllild care syl1Cm CIII ldoqualely meet die demnd for care. Adequate capacity will depeed ae locll C0lllalllitia' lbllitles to takc the lead in crating eavitoruneats In wllic:h dlild care iDalMllion en flowlsh. Colorado llu '-' n:capizm for our lltnMlg commitment to enhtneh,, I.be child ca,e ~ ud w.wy child care fac:ilities an ID important pan ol that enllucemcnl. Api \ I "'Py,-to allow E........,i to implemeat quality family child care fac;lities ia taideDtial .,..,._ Tbe flmiliesolEapewaod will bendll fnlm )'Olll' fbrelipt. Thank you for )Ulr .-IMUChdlll QIIISl loruion ohbis i~ _,., Sincerely, Sally VCJl)er, Polley Director for Familia ud Children ." (&i Debbie Smith, 7197 Sa"1lt himx Court, Unleton, told Council she UleS ID ilt-&mily da)QIC at 3126 WCII Pimlico Drive. Sbe illlbnncd Ccuacll of I.be reasons sbe chose her daycare pn,vider, explaining I.be tc,,&1)11 sbe went to in fiadillg I.be rigbl bome In wllicb 10 place her then faor IIIOllth old son. She told of checking centcn with Im blbits per carepcr, where aone of the bobics..,... picked up in the hour that ,be 1''11 IKl'C. Sbe abo ,poke ol dlcctin1 ln-bome daycares when: there were - children than 5hc, II ID oducllor, aJllld llllldlo. Ms. Smith alto cllocked liQCllled bomes that _,, UDl',illing 10 take he, IOD because be ..... considered I lligh maintenance baby wllo required I pell deal of individualized attealion. Her QUfflll doycare pnl\ider wu the first person whom her son -,Id allow to bold biln without c,yina, M5. Smith described I.be daycare home II being oet up with individual play mu ud there m ltids olvuyiac a,es will, nic:1110 inleracl. She cxpwnod 1.ua Ibo driws i-,, minutes IO drcp her•••> II daycare, lier IOll lo\'CS ID II' to thil daycare provider and Ms. Smith llid she • doel DOI want lo kllC her. Sbe ukcd c:a-a1 to please IIGI take nty ber da)'care. (h) Fran.' Miner, 3121 South Vine Street, llid he has lived in Englewood since 1954, except for a five year petiod bcn><co 1959 and 196S. After living in Illinois, be and his family decided they wanted to live in E'Jglewood again. lfu wife told him that, ifhe could find a house in their old neigllborhood in Enpe'M)Od. be should go ahead and buy it because lhc knew they would be happy there. For the last 1'o'Cnly•five years. be said, he bas been • real estale broker and licensed appraiser in the State .CColonodo and bu some idea of the value olprupeny. He expressed fear that ifwe permit daycare in the homes in Engle"""'1, it will be opening die door to otbcr bulincs5e1 from the home, which will destroy oor ncighborlooodl. It will iacreasc noise ud tndlic and bring suange11 into the neighborhoods . It puts for-profit buinesses in oor neighborhoods ad opens Ille door for othen to come in . Mr. Miner stated that yesterday morning he had KOA on t.,. ddioand be beard them quote a City staff'm,'fflbcr of Englc,,'OOCI as ,aying that all of staffwowcl approvc tbis cbange in our uming. He feels ii is improper for a staff' member to ,ay that publicly and to be allowecl to be quoted over the radio. Several n--.ghbort told bun they heard lhe same thing on television . He advised that there was a problem and di!ICUSSion O\'CI' homes for L'lc elderly and handicapped. The fcdcrll aovcmmenl ;ays we must permit them in oor zoniog in Englewood and ,... do, he said . The Slate 51)'1 thelC homes must be 7,0 feet lp3fl. although he has i,.,. in his neighborhood that are 416 feet apan. Mr. Miner feels Englewood is not going 10 comply with. the State regulation How mar.y daycare centers can"''" ha,-c, how far apan do they ~ to be? He askoi, also , who will supervise the daycare cen1en, who "ill check the binh cenificales and who ,viii tell lht: child he has 10 leave because he is too old. Mr. Miner opined that it is not manageable one! that the propeny values will be destroyed in Englewood. He doel not feel that ,... need ii here, lllhough be allowed that ,... should have daycare in its proper place and lhe proper type of structure and management. • • • • <,I) Mmy,.._,6UlloollllS....lill.-,nitln.toll_lllll ..... aCllllpleol weeua.,, .. &11caid11icc:i-r-·1a111Go._ ............. ,1xey..-,ar111e.-11nw1111dlildlell under !he .. al ,Ix ...... -ii IOdly aad Ml la .. _.. farce. Her -,di --1.--. Ille City ', dcmopapbic:I, tllal tllen,arc fifty.....-allbo .,._in~ willl balll people wmm,. You've get 17,000 c:hlldlu willliD a 111111a mile,_,. alllia-ud ~ pac,eat all1-people arc CODlidaod low ID aodaMe ~-Apia, Ille aid, 10 put bcr 1111 odlildlal in COIIUDClda1 dlyc:a,e v.ould be S1,200 a -11. Ms.PualtoldCounr.i111111 she barely briDp bome S! 100 a~ )ti her income is~ to keep her houdlc'd runnina, Daycare in~ she aici, ). an caentia1 service. People.,. c:oacemod PIIII lheir pn,paly ......._•Ito .U.-cla)'carc 6om the bomc is going keep )'QUIii people 6am IIIOYin& inlo tbe -betllalc tlley-hd bomc daycan:. SIie feels that \\ill dcvaluo yaer poptr'1' ~ tbae -•1 be )WIIA poapll ID RftllbiJII 11,o pn,peny and 10 bring DCWDCSS UIIO Ibis Cily. T1III. Ille aid, llloauld t. •--k• Ille poople ao Mil. (j) EdWMI Gcoqc HanillJn, 3161 Soatli Race t'.bect, aid be, too. lives in Hampden Hills, wbcrc milliooaires li,'C in ·,n area a mile _. al bl."'· Threo !Alles IDUlb. billionaires live . He leeh W'C are loO muda -tri111 Ille poople thal have~ who an: -....JI.by. He aid be BJ'CW tip ao a poor ho). Ill• mother "'Ulla! him to Fl• odilClllioG aad 1'c now bu '-!'-n.o )UR of educalioa. lix1een ycm studying la w, He aid I>, hoaonll Ilia l'IIOlllcr and bis LGrd and Savior Jaus Cllrisl. Mr. Harrison cit,d in5tances in hislOI)' wllcn QlUlllries fell i.e.. l1'c wcalOy ru1al. He aid he Itel• it is time, with forty-two pamnilitlll)' orpniza'i ons in America, for govemmcnl 10 lislca to the wic:a althc poor. He asked thal lh< Council be guided by lhc hand or AbniaJ,ly God when they make this decision and be guided by lbcir CXlOlcialc:cs, (k) Judy Eggleston ol llaulder County, Pl'Clide't oldie Amx:iatioo al family Olild Care, responded to plCVious qucaioos repnling who -1d dleclt oa Ille birth oertificales ol the daycare cbildrm and that 1ype of thiog. She advised thal daycara providers :a be vililod al any time by lh< Dcpartmenl of lkallh 10 cbeck all ol lheir ~ R00lds. Also, without aatice, Ille Depanmen1 of Social Servius may drop ia whcth<r lhey have bad a comp1ainl or not Tbey will ask ID .,. sudl things as yoor diSISla' plan.>""" siped 0DIIIIICU, and Ille physical iuonls 011 all oltbe cbildrell. Anmally, Ibo said. wbea Ibey renew lh<ir licenses. daycua arcn,quired ID ,end claallDcotation oltbe mnnber, age, elc . of all or tbe children in tbeir care . Ms. Egglcotoo ISSllred Council that tbere are a lot ol t:bccts and balances 10 make swe the)• are no1 ruMing over their limiL Sbe asked thal they recognize tbe fact thal they are tl)ing to comply with State law by ha\ing licenses and by paying tbe recs. She said many or tbem would gladly pay wbalcver fees tbe Cily would like to impose. Sbe said there is a bigger problem to address in unlicensed child can, tbal bis nm amolt. No one bu fingmpriDtcd or cllDcbd tllem in any way . She feels ii is appalling that Colondo l(Ml1IIIICl11 doel DOI bol1'crto enforoc tbe law roquiring chi ld care facilities 10 be liocased . This maka ii very hanl, Ille adviaod. for those who have U-10 stay in business. She said she "'ould like to soc .,_ in tbe Cily addlaa tlla1 and put a Mop to aolia:nsed child care and help tbe people who are uying lo operlle lcplly. (I) Tanda Gala\-ood, 1015 Wea Sgnfont Place, reminded Councii 1bat she is the one who had her daycare shut down due 10 a neighbor dispulc, She said tbe problem was bet......, hcnclf and the neighbor, no11hc childRn. The neighbor bas since ic,Jd ber bomc and tllO\'CII away, Ms. Gatewood explained. bu, during tbe IWO wceu that she was lhut down. she had oo income for her chlldrcn. for whom she is sole pro,idcr. Since that time, her, mother has usistod her financially, she said. She added tha1 it is no1 jUSI her, tbae are many olh<n who arc tl)ing to make mongage payments and suppon their families. bul don 'I do cla)-arc just for the money. It takes a sp,cial person, she feels, to love and care for other people 's children . (m) Kath)' McBride-Egloff, 4015 South Bannock Strcel. staled thal she did child care at another address for nine years. Aller her diwr,:e, site bad to sell the home but she continued 10 do child care r.dhcr 1111D ID Oil welfare. Sbe 111d • i.. lleoa..,.. dllJd care lbr dliJ1y •em 111d bu bcm ~ far faanoca in RngleM,od. Ml. Mdlridt,8p,lflald CGmlcll 11111 lhe 1-,s her duca ml poys lllp -._ Ille is 111!-cmployed. Sk aplliaod lllill lhe telcllel the cldldrea in btr carc to blve rapa:t for the ripu ol people .,.. ... ID lie qoliet • doey play in the yanl. Ibey take walks 111d llllldl the 0--. bul do not pick tllem. 0.,C-people MW ID uep dlclr homCI cleaner 1111D nat people, inside and out She feels child care Is a.,., imponaol W.S llld that they are IIIOlllcn who..., bri~ng up the future genenition or America. (11) loan Smallwood, 4737 Soudl Fox Stftlel. addreaod .,,.,.otthe comments U,at...,. made earlier by .,me of the appoling geai-.. SIio aid tllM both ofO-gentlemen have bad a liccNed da)~ witbin tbn>eblocltsollbcir.,... tortbc lut 11w ,,..,., Since, in an R-1 -A area }Oil"" impoml upon to be a wa1cbdos 111d alalllllllleol:,,,ur nolst,llon, Ille asked why they haven 't rq,orted them . Obviously, &be aid, their propal)' valaos have not been alfectal. nor bas the lllmOlpbere oltboir priliti1lc neilhborhoods, She aacd iflllenahor bas an ollicc In hit borne, becallo ifbe docs, be bad beaer "'""" i1 down. The same goa for die atlol'ley, &be ailed. Resideftts olE!Dglewood..., reliant upon licemcd daycare because we dOll't liaYe • KiadacarecwaChildren's World ror the pam,ts to choose from. They ru1ly must choooe from 1'ame based care, lhe aid. Cumnlly, theR..., only about &effllleen openillgS in tbc various child care facilillcs ia EnsJewood, &be advlood, and, roughly, the cl01Ure or disnlpioa ol the cunm licemcd dayara woald rovst about a hundred plus chlldn:o. She asked Council IO keep that under considcralion. (a) lad<ie Walkins, 3126 Wcsi Pimlico Dri,-c, aid she is the daycare provider for one ol lhc motbcJt who spoke earlier . She n:martcd that this is very imponan110 the licensed da)~ provicv.ss. To become liccued, they bad to-many qutllioalai-the suillbilityoltbcir ll00$C$, and p<1I money ou1 10 take classc&. ·rwo,,..,. ago . ....,. she -lcdmg few daycare fur her two children, Ms. Wallios found that about seventy-five pcn:a,t ol coa-.:ial daycan,s will not take a child under tbc age cf IWO and a half. Most daycares require tbc cllilll ID also be potty trained cw Ibey ha\'010 be one and • walkiJlg. ln·homc d,~re providers take tbcm II six -Oil ap until they arc ready ID start preschool. She asked Council to lake lhis into coosidenliOll. She ala! the circumstances or her bnllhcr-in-law and his wife ..-ho arc due 10 have a child in April, who have checked lnlo daycare in the l!naJewood area. They wiU have to be on a six monlh wailing list. In conuncrcial dayan:s, the !cacher ID child 11lio is one 10 tm:nty or twenty-five. Licensed, in home daycare providcrs adhere 10 lhc ratio allowed by lhc liccosc. (p) Nick Neely, 7958 Soulh Datun, Stn:ct, Lillldon, aid he bas two sons who have gone 10 daycare in EnsJewood . He lhinks Engl......t should want 10 attract some kind of a yoolh movement in10 this area. He bas noticed lhc decline o(lhc dn-m:a, spocilically Cinderella City . With lhe large number or older people In Engle-MJod, be redl tbcn: ii no 011C ben: 10 lllppc>n the infraslructure or <his city. If you arc not pro-youth, ~g &mili<s. obvioasly they an: nol going 10 come inlo lhis community 10 support the on-going economic dcwlopmcnt ben:, he said . (q) Cher Melichar, 12006 BlacltWI Mountain. Liltlelon, told Council lha1 her grandchildren go 10 a daycare prvvidcr in El!glcwood. Slit tald of lhe difficulties they had in findin g someone 10 take care or her gm,ddaughta, ,mo was another one or lhosc high maln1cnancc babies. If you can ftod someone lha1 you trust cnougla to care for your child . she said, and tho1 can give the child lhc love lhal you 're 001 able lo give whil e at -t. ii should not be taken away from them. Ms . Melichar said her grandchildren love going to their daycare provider, &lie •1llb wilh lhem and helps them learn letters. She SU'OSSCd lhc difficul ty in finding good da)an: for infanlS. or high maintenance children . (r) Dawn Rhnds, a board member for lhe An,pahoc County Family Child Care Association. told lhc Council lhnl she has been workin g 011 lhc Govemot 's commincc Iha! has been st1ling up standards for early child care education. Wbelhcr people an: in ccnlers or homes, lhc basic skills are still • • • • all die -uclllid. r1w1111 ~be,,.._ ... a child 0ie.,,.. qoallly.,, cue. Maa proridcrl ueplliag _._..,,uaiall!slllu dlcyue,.i,,,cs10bydlcO.,..,..ol~ Servicel. She ...W lilal dlcy rally caie .... ""81 dlcy are .... ..Swant to allb' die bell caie tbal Ibey can. She said wbat is ......... lltre could bllppeo uywllcle 1111d It it DOI fair 10 any tidiest pa,a,11. 8. c-•ulcatiou, Predaaatloas aad A,,..,,.-11 (a) A ruolution appointing Miduld Heberling u youth liaison to the Public Library Board was c:onsidcr<d. RF50tt.rn0N NO. 92, SERIES OP 1996 A RESOLUTION APl'OnmNG MlCHAEL HEBERLING AS YOtrllf IJAISON TO 1HE PUBLIC LIBRARY FOR TIIE CITY OF ENGLl!WOOD, COLORADO. COUNCO. MDDER HATHAWAY MOVED, AND r.r WAS SECONDED, TO APPROVE AGENDA ITEM I (a)-RISOLUTION NO. tl, SERJLS OF 1"6. Ayes: Council Mcmben Hathawsy, Vonnilllg, Wiggins, lllbenicht, Wqgoner, Clapp, Bums Nays: None Themolionc:arrial. Mayor Bums thanked Mr. Heberling for volunteering to -.n .. on the Public Library Boan! and pRSICllted him ,.;th a c:cl1if1Ca1e and a City pin . 9. Public Heari■& No public beariJ,g,.. scheduled bcfon, Council. 10. Co■K■t A&""dl (a) Approve 011 First Reading lbcrc were no items for appm'3.I on first readin g. (b) Appl'O\,. on Second Reading COUNCIL MEMBER BA TBA WAY MOVED, AND rr WAS SECONDED, TO APPROVE AGENDA ITEMS 10 (b) (I) THROUGH (•) ON SECOND READING. (i) ORDINANCE NO. 55 , SERIES OF 1996 (COUNCIL BILL NO . 61. INTRODUCED BY COUNCIL MEMBER HATHAWAY) AN ORDINANCE EXTENDING 'Jlffi TEMPORARY SUSPENSION OR MORATORIUM ON CERTAIN MISCELLANEOUS BUSINESS LICENSES FOR AN ADDmONAL PERIOD OF FOUR MONTHS . (ii) ORDINANCE NO. S6 , SERIES OF 1996 (COUNCIL BILL NO . 66, INTRODUCED BY COUNCIL MEMBER HATHAWAY) l!-.io-t CllyCouncll NcM,a,ber II, 1996 ,.... AN ORDINANCE REPBALING 'IT1U! S, OIAPJ1lll 12, SEC'llON IA. OF nm ENOLl!WOOO MUNICIPAL <XlO£ 1915 Pl!llTAININO TO AUCl10NIIEaLICl!NSES AND ENACTING A NBW CHAl"raR II, AUCl1ONBER AND WHICH REMOVES AUCTIONEEll FROM ORDINANCE NO. 25, SERIES OF 1996 WIDOI PERTAINS 10 mB MORATORIUM OF UCENSBS IN nm CITY OF ENGLEWOOD, COLORADO. (iii) ORDINANCE NO. 57, SERIES OF 1996 (COUNCll. Bill. NO . 67, INlllODUCED BY COUNCll. MEMBER HATHAWAY) AN ORDINANCE F.EPEALING TITLE 5, CHAPTER 12, SECTION IA, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO CHRISTMAS TRB£ DEALERS LICENSES AND ENACTING A NEW CHAPTER 12, OIRISTMAS lllEE DEALERS. (iv) ORDINANCE NO. SI, SERIES OF 1996 (COUNCll. Bill. NO . 68, INlllODUCED BY COUNCll. MEMBER HA1HAWA Y) AN ORDINANCE REPEALING TITLE 5, OIAPlER 12, SECTION IB , OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO POUCE A1"J DE1ECl1VE SERVICES (PRJVA TE FIRMS) LICENSES AND ENACTING A NEW OIAYfER 22, ENTITLED POLICE AND DE'IECTIVE SERVICES (PRIVATE FIRMS) AND WIDOI REMOVES POLICE AND DETECTIVE SERVICES (PRIVATE FIRMS) FROM ORDINANCE NO. 2S, SERIES OF 1996 WIDCH PERTAINS 10 THE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD. COLORADO. M ORDINANCE NO. 59. SRIES OF 1996 (COI.JHCll. Bill. NO. 69, INlllODUCED BY COUNCll. MEMBER HA1HA WAY) AN ORDINANCE REPEALING TITLE S, CHAPTER 12. SECTION 3, OF THE ENGLEWOOD • MUNICIPAL CODE 1985 PERTAINING TO GOING Ol1T OF BUSINESS AND DAMAGED GOODS SALES AND RE-ENACTING A NEW CHAPTER 17. Vote result s: Ayes : Nays : The motion carrit.d. Council Members Hathaway, Vonnittag. Wiggins. Habenicht. Waggoner. Clapp. Bums None 11. Ordiaance1, Resolutions and Motions (a) Approve on First Reading (i) Operations Manager Kavinsky prescnled a ftCOnuncndation from the Department of Publi c Works to adopt• bill for an onlioanc: approving an inlcrgovcmmcntal agreement "ith Englewood Public Schools for flccl maintenana:. He adviscd Council that the anticipated revenue from this in 1997 is $5,000. He said lhc City bas performed this strvicc for the previous four years and is currcn~y under such an agreement with lhc schools. Counci l Member Wa_!goner askt.d the pmious hourly rate. Mr . Kavinsky rcspondt.d that it was $34 .00 an hour and bas boto raised to $3 6.00 an hour. Council Member Vormittag askt.d if they had any prublems with that. to which Mr. Kavin5k)• rapoadcd that they bad none whatsoever. The Clerk read Cou ncil Bill No . 71 by title : • • • • O)UNCD. BD..L NO. 71, D,l'lllODIJCED BY OOUNCIL MEMBER HA'IHAWAY A B1U FOR AN ORDINANCE APl'llOVlNG THIIRJiNl!WALOF AN INT1llt00Vl!RNMl!l(TAL AGR£EMEl(f BE1WEEN THE CITY OF ENClLl!WOOD, COLOiW>O AND ENGLEWOOD PUBLIC SQIOOLS WHEREBY llll! CITY OF l!NGLB'..000 WILL !'ROVIDE 1llE ENGLBWOOD PUBLIC SQIOOLS Willi VEHIQ.E MAffimNkNCE. COllNCD.. MEMBU HATHAWAY MOVED, AND IT WAS Sl!CONDJ:D, TO APPROVJ: AGENDA ITI.M II (a) (I)• COlJNCD, BllJ.. NO. 71. Ayes : Nays : The motion carried. Council Memhcn Halhaway, Vannillag, Wigim, IW-k b~ Waggoner, Clapp, Bwru ~ (ii) OpcraO-Muaaer Kl\limky p,-.ect a recomtnaldatioo rrom the Dcpanmcnt ol Public Works to adopt a bill b ID onlinaDce apprnving ID intcrgovcrorncntal agrocmcnl with tbc City ol Shcridaa b fled mainlenlDCe. lie advitDd Council that this is cxactly the same thing. that \\~ ha,~ had an agn,ema>t for the put four years. Tlli1 will also be at a nlc ol S36 .00 an hour. with an anlicipatcd m'CIIUC ol $25,000. The Cleric read Council Bill No . 70 by litle : COUNCll. Bll.L NO. 70. INIRODUCED BY COUNCll. MEMBER HATHAWAY A BD..L FOR AN ORDINANCE APPROVING THE RENEWAL OF AN INIERGOVERNMENTAL AGREEMEm BE1WEEN THE OTY OF ENGLEWOOD, COLORADO AND THE CITY OF SIIERIDAN, COLORADO WHEREBY ENGLEWOOD WD..L PROVIDE TIIE CITY OF SIIERIDAN Willi VEHI CU: MAIN!r:NANCE. COUNCIL MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (a) (Ii)· COUNCIL BILL NO. 70. Ayes : Council Members Hathaway. Vonnittag. Wiggins. Habenicht . Waggoner. Clapp, Bums Na)~: Nooe The motion carried. (iii) Director Gryglcwicz .,.._.cd a n:commcndalion rrom the Dc,panment of Financial SCIVicu IO adopt a resolution cstablisbina liccnsiDg fees for Going Out ol Business and Damaged Goods Sales. The fees. he said, baYc not changed rrom prior yean. the only thing that is changing is that there is a non -refundable fee of S10.00 for the liccnsc oppli cation. He told Counci l they would sec that on all these resolutions . The resolution was assigned a number and read by title : RESOLUTION NO. 93 . SERIES OF 1996 A RESOLUTION ESTABLISHING FEES FOR GOING OlJf OF BUSINESS AND DAMAGED GOODS LICENSES UNDER TITLE 5. CHAPTER 17 . OF THE ENGLEWOOD MUNICIPAL CODE 1985 . ~~ ~11,1996 ,-.10 COUNCIL MEMBER HATHAWAY MOVSD, AND JT WAS SECONDED, TO APPl'IOVK AGENDA ITEM II (o) (Ill)• USOLUTIOII NO. tl, II.IIIU OP ~tM. Ayes: CouacilMaobcrsH■tbowoy , Vormitlag. Wiuim, Hobeaicbt, w._.., ow. 11arm Nays: NoDO The mooon earned. (iv) Director Gry&Jewicz pracnled a recommendation from the Department of Financial Services lo adopt • resolutiOII CSllblilMq liceNing fees for Auctionem. He odvited that lltis resolution is due to changes in the new ~--adopted under the cont ;al qenda this ......ing. The reoolutioa WIS migncJ I number and read by title: RESOLUTION NO. !U , SERIES OF 1996 A RESOLUTION EST ABLISHlNG FEES FOR AUCTIONEER LICENSES UNDER Tl1LE 5, OIAP1cR 18, OF lllE ENGLEWOOD MUNICPAL CODE 1915. COUNCO. MEMBER HATHAWAY MOVSD, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (o) (iv)· RESOLUTION NO. M, SIIU!S OP l"6. Ayes : Council Maobcrs Hathaway, Vonnlltag. Wiggins. Habcnid,~ Waggoocr, Clapp. Bums Nays : None The m01jon carried. (v) Director Gry&Jewicz pns:nlcd a recommendation from the Deapnmcnt of Financial Sc:Mccs to adopt a resolulion ~ licensin1 fees for Christmas Tree Dcalcrs-He advised that this resolutions ICIS the llciels • application f.,.. and oets the cleanup deposit for Chri51l1185 Tme Dealers in the City ol~ Th: ;cso1u~on WIS assigned a number and read by title: RESOLUTION NO . 95 , SERIES OF 1996 A RESOLITTION ESTABLISHING FEFS FOR CHRISTMAS l1\EE DEALERS LICENSES UNDER Tl11.E 5, CHAPTER 12 , OFTilE ENGLEWOOD MUNICIPAL CODE 1985. COUNCIL MEMBE R HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (v) • Rl:SOLUTION NO. 95, SEIU!S OF 1996. Ayes: Council Maobcrs Had1away, Vonninag. Wiggins, Habcnich~ Woggoocr. Clapp. Bums Nays : None The motion carried . (vi) Dirtctor Gr yaJcwicz p,uentcd a n>c:ommendation from tile Department or Financ ial Scl\iccs to atlopt a resolution establishing foes for Polict and Dctccti\'c Ser.ices from private firms . He told Council that tllis also sets the application rec which is $110 .00 . This is non-refundable, he said . sina: we an, co\'Cring our cost., for the roquircd badtgroond check . The resolution was assigned a number and read by ti~c : • • • • Rl:!SOLtlTlON NO. 96, SERIES OF 1996 A REWLUTION ESTABUSHINO FEES PCa POLICE AND DETE{.11VE SERVICES (PRIVAll! FIRMS) UCENSES UNDER Tm.E 5, CHAPn!R 22, OF nlE BNOLBWOOD MUNICIPAL COOi! 1985. COlTNCJL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (>I)· RI.SOLtmON NO. 96, URJIS OF 1"6. A-ye£. Couacil Ncml,cn Halhaway, Vonniuaa, Wi&lim, Habenicht, w....,...., Clapp, Bunis Nays : None The motion c:ani<:d. (vii) DiN:CIOr 0,y&)cwicz J .........S a recommendatioa from lbc Dq,anmeot ol Financial Services 10 adopl a bill for an ordinucc malhorizinc tbc ox«ution oC the lllldcllakinc agroemcnt in conneaion with the rdinancinc ol a ~ WIIICWatcr T1CIIIDall Pllllt loan. Mr. Orygl..,.;cz explained that the Colando WfMJt Raowta ud l'oftr Dcvelopmeal Audlority iJ rofiulding some ol the debt that the City used IO ftmd impn,Yemo.Oll 10 Ille Waler Treatmalt PlaDt. Due 10 cbu&cs in SEC rcgulatioas. be aid.,... now....., to eater into"" under1aking 18fflCIIIClll The _,.nt is that the City will pl'O\idc ccr1ain financial ~ on 111 ~ basis thal iJ DOW teqlliral by Ibo SEC . Responding to Mayor Bums, Mr. Oryglc,wicz explairv.:d that the Colorado Water ResoutllCS ud Poftr Development Authority is a State body. When they get• pool of funds, be ad"1SCd, they allow wastewater and utilities to borrow those l'u!xls II '-r than 1111.rkct "tes 10 dcvdop utilities. Council Member Hathaway asked if this will in any way all'cct our cu=nt bonds or our current loan with them . She asked if,... will realize Ill)' _,, or l<ss ,,_ from tbc loan procoods. Mr. Oryglewicz responded that .... should SOC I SIWlp ia -debt acrvicc through tlais. They will rcliaMoc Ibo boads at a Imm ratt, he cxplaiucd, which will !low back ID the City, 10 that wi!, be a bcndil. Mayor Bums asked if the Authority,.. .. crated to be a aindui~.., a 61111>:ing IOW'00. pununt to lhc availability of Federal funds. Mr. Grygla. icz confirmed that statemcn~ adding that we may also look at them in connection ,.;th the water impnmmcnl5 in tbc futwt if the futlrls m available. Mayor Bums asked if that is for refinancing. to which Mr. Oryglcwicz responded tha: it would be new money . Council Member Habcnirht asked r ... clarilicalion as 10 whclbcr this is for wastcwaler treatment, not the water plan~ and wbClbcr this bas to be apptll\'CII by UUICIOII as well . Mr. Oryglewicz responded that this is for wastewater, and that Linlcton iJ doing their's sq,aratdy. lie said the~ ma number of other entities in\'olvtd in this and they m doing their own onllnan= or raolutions. The Clerk was asked to rud the council bill by title : COUNCIL BILL NO. 72 , INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE AUTHORIZING AN INIEJlGOVERNMENT AL AOREEME BETWEEN 1llE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY AND 1llE CITY OF ENGLEWOOD, COLORADO ENTITLED "OBLIOA TED PERSO 'S UNDERT AKINO TO PROVIDE COl'mNUING DISO.OSURE." COUNCIL MEMBER HA TRAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (vii) -COUNCIL BILL NO. 72. llalllwaodCllyCeacil ~11,1996 ..... ,2 Nays: The motion curial. Councll Malbal Hlllilway. Vormlnq. Wiggins, llanlcb~ Wqaoncr, Clapp, flurm None (viii) Diroctor Fonda pn,IClllcd 1 ,-mcndation liom the Liltleloa/Enalewood W_tc, Treolmcnt l'llnt Sapervloory Ccmmitlee 10 ...-,,.C, by motioG, I COllllnlClioa IIIIJIIICIIICIII conlnlCI with Brown 111d Clldwcll for the Pllnl'1 PIWK IB COIIIIJUCllon . Mr. Fonda said the ra:oaunended 1111011111 fbr Ille conlnlCI l1Sl,135 ,416111d 1b1 the COIIIUUClion should 11111.carly next year, in llDllll)I. He added that bicll are cum,ntly being liken. Cowlc:il Member Wiggins commenlcd that Ille peaple in the audience should be narc that the meraidum on NoYember'1 ballot regardins bonds to fi111110C the buiklins m this water plant came about bocaw,e ...,, ....., trying to oblal ■ bands II a lower amount that would retiJe Ille bonds I year Clllier than they would have been ordinarily. This -.Id have smd our t1xp1ym fiom $100,000 to a million dollars . We are required, he said, by r..ier.l mandate to redo our Wiier ttalllllelll plant to bring it up to Sllndards. A< a result oftbevote, beSlaltd,,.., taxpayers in the City mEqlewood ,re gains to take 01\ paying taxes for a year longer. He said be jusl wanted them to be narc of that. Council Member Waggoner med for elarillcation that this motion is for Ille wastC11-ater treatment plant , not Ille water plan L Mr. Fonda said this Is for the wast...-.ia tratmenl plant. Comlcil Member Habenicht said she can 'I let this one go v.ithout ul<lng the odor question. She asked if this will pretty much fix our problem with odor II the planL Mr. Fonda responded that there are aome odor improvements included in this \\'Ork. COUNCIL MEMBER WAGGONER MOVED, AND IT W.',S SEC'ONDED, TO AUTHORIZE • 1111: CITY MANAGER 'l'O SIGN 11fE PROPISSIONAJ , SERVICES AGREEMENT WITH BROWN AND CALDWELL IN THE AMOUNT OF Sl,IJ5,A16 TO PROVIDE C'ONSTRUCTION MAN .\GEMENT AND ENGINEERING SERVICES FO:R PHASE 1B OF THE WASTEWATER TREATMENT PLANT IMt'ROVEMENTS. Mayor Bums asked for clarification that this cost will be 5J,lit My fifty and that this is not just our pan . Mr. Fonda staled that this is the total to be split Englewood, he said. administers the constracts. Ayes: Council Memben Hathn-ay, Vormittag, Wiggins, Habenicht, Waggoner, Clapp, Bums Nays : None The motion carried. ,;x) Executive Director Malinowski presented recommendation for the Englewood Housing Authori ty to app rove, by motion, authorization for the sale of Sherman Street ~,opertics to the Englewood Housing Authority. Mayor Burns stated that, since he is the Chaint\M of the Englewood Housing Authority board of commissioners, he 1'ill abstain from discussion on this issue. Mr. Malinowski stated that. about a year ago , we executed an oplion contract for the property in the 3400 block of South Sherman Street. We extended that via Council action about six months ago , be said, and that extension is about to expire . The Housing Authority would lilce 10 purchase the contrarl outright he stated. or ent er into a purchase con tract for the entire propcny . We have come close 10 finalizing our • • • • ~ai,c:-,11 NcMmlllr II, 1!)96 Pqcl3 plan,~lk...,...ny ...Swill bo ~-ID IM-~IDCl(y Couacil . He 111d Cauncil Mcnibcr~ ...... -111 • ........, ,nwiep ... lllMloddlal llley lilve-willl the neighborhood raidcnU on two.,..__. ID .. lheiri,.._ They dice-blot ID ... ndghbo,s to SMW them what wu devdaped. It ii tm wull, ho oxpbiDod, for sale to poopl< at mixed income. II will bo \'ti)'~ heaiWod. COUNCD. MEMBER HATHAWAY MOVED, AND IT WAS !.ECONDED, TO APPROVE THE SAU OF THE SOUTB SHERMAN snuT HOPJ:RlUS TO TBJ: INGL&WOOD BOIJSING AUTBOIUTY IN THE AMOUNT or S112,500. Ayes : c:-:il Ucmbcn Hathaway. Vnrmittag. Wiggins, Habcuicb, w....-,0app Nays: Noa Abltain : Mayor Blll1II The motion carried. (b) Approve on Second Reading (i) COUNCll,MJ:MIUBAmAWAY MOVED,AND ITWAS SECONDED, TO APPROVE AGENDA tn:M 11 (I,) (I) ON SECOND READING. ORDINANCE NO. 60. SERIES OF 1996 (COUNCll. BILL NO. 63 . INTRODUCED BY COUNCll. MEMBER HATHAWAY) AN ORDINANCE ADOPTING 1llE BUDGET OF 1llE CITY OF ENGLEWOOD, COLORADO FOR 1llE FISCAL YEA:l 1997 . Vote raulU: Ayes : Nays : The 111()(.00 carried. CowlclJ Mcmbcn Hatha•'ll)'. Vonnittag, Wiggins. Habenich, Wa,p,cr. Clapp, &nos Nooe (ii) '-.'OUNCD.MlllaERBATHAWAYMOVED,AND!TWAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (ii) ON SECOND READING. ORDINANCE NO . 6l , ~ERIES OF 1996 (COUNC iL BILL NO . 64 . INTRODUCEO BY COUNCll. MEMBER HATHAWAY) AN ORDJNANC:C APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN 1llE CITY OF ENGLEwoor,. COLORADO, IN 1llE FISCAL YEAR BEGINNING JANUARY I. [997 . AND ENDING D:-:.CI:.h IBl:'.'l. 3 l , 1997 . CONsnnmNG WHAT IS TERMED 1llE ANNUAL APPROPRIATION Bll.L FOR 1llE FJSC..\L YEAR 1997. Vote ruults: Ayes: Nays : The motion carried . Council Mc!nbct1 Hathaway. Vonnittag, Wiggins, Habenicht. Waggoner, Clapp, Bwns Nooe (W) Cauncil MeaberCllfp-.1 b tbo IIIXlld lhil. allboap ....... aoprd>lcms • IUJIIIOllias .._ mill ie.,, btbo--'ly-, 11 lllil Chne me 11111 bu-~ ci-Jons and -_... aboul EDD,t., tbenlo,e lho ..W be ....... DO. COUNCU. MIMBER HATHAWAY MOVED, AND ITWAS SECONDED, TO APPROVE A<.ENDA ITEM 11 (b) (W) ON SECOND llAJIJNG. ORDINANCE NO 62, SERIBS OF 1996 (COONCIL BIU. NO 62, rtm\ODUCED BY COUNCIL MEMBER HAlllA WAY) AN ORDlNANCE FIXING 11iE TAX LEVY IN MIUS UPON EAOI DOLLAR OF lllE ASSESSED VALUATION OF ALL TAXABLE PROPERTY wmllN 1llE CITY' OF ENGLEWOOD , COLORADO, AND EST ABUSHING A MILL LEVY FOR 1llE ENGLEWOOD DOWNTOWN DEVELOPMENT A1JlllORITY. Vote.....its: Ayes : Nays: The mo(ioo carried. Council Members Halhaway, Vonnitta g. Wiggins, Habenich~ Wauoner, eur. CCJUIICil Member °"A> (iv) COUNCILMEMBERHATRAWAYMOVED,ANDITWAS SECONDED, TO APPROVE AGENDA ITEM I I (') fn,) ON SECOND READING . Council Member Habenicht exp~ amc:an over 1!.e .uon relative to puking lo( orientation . She acknowlcd .d that we an: patterning this primarily 11\o,-the Fort Collins ordinance. She said she be lieves • that wlut "'" arc doing is maldng this a little more Uber.al than it should be . COUNCU. MEMBER HABENICHT MOVED TO AMEND SECTION D (2), PARKING LOT ORIENTATION, BY CHANGING THE STANDARD READ NO MORE TRAN 50 PERCENT, RA TRER THAN SEVENTY PERCENT, OF OFF STREET PARKING AREA JOR THE [NTIRI. PROPERTY SHALL BE LOCATED BETWEEN THE FRONT FACADE OF THE PRINCIPLE BUILDINGS AND THE PRIMARY ABUTffllG STIU:l:T. The motion died for lack of a second . Mayor Bums asked Manager of Ne ighborhood and Business IJevclopmcnt Simpson to explain why that clunge was made from fifty to SC\'tnty percent. Mr. Simpson responded that it was I Planning and Zoning Commission r=mmcndation that, gi,-.n what tllCy felt to be the prcfcrcn= of thi s community, it may be more in line with the mul<ct and market drnu considerations . Cou nci l Member Habenicht said she feel s strongly about this and will vote no . Vote .... 111 oa original -Ion: Ayes : Nays : The motion carried. Counci l Mcmbcn Hathaway, Vormittag. Wiggins. Waggoner, Clapp. Bums Cou ncil Member Habeni cht • • • • lllpwoodai,c-11 NoYember II, 1996 .... , (v) Ml\)or Barno 1111111 111111111 uvc bid a lo& ol loaa, and c:alll Iha people sayina that ihey widonlud WI wo ........... to ellmilllte daycare Iha R-1-A arca. Adually, be Aid, daycare 11 DOI lepl lbele DOW, 11,: c:llan,e lllal 1·1 pn,paeod ii to allow IL COUNCR. MIMBIR BAJIINICJIT MOVID, ANn rr WAS SICONDID, TO APPROVE AGINDA rrlM 11 (') (Y) ON SICOND llliDING. COUNCIL MEMBER WAGCONlllMOVID,ANI' WAS SICONDU, TO AMEND Till BILL l!Y lu:MOVll'IG ANY J..ANGUAGI IN TH I Erll.l . THAT RIPIRS TO TIii. R•l •A SINGLE FAM'oLY RtsIDENT DISTIIICT. Council Memb :,, Habenicht llllal lbc bas a pn,l,lem wilb ,,,.., Sbc Ai~ lbc kllilWS...., ,-i to be listening to"'• c:ona:rm olhoth sides 1111111111...., have an o ,ption to do thal. We have bccn lalldng about and worl<ina thnrup this src ilr well a,u a year "°'' and it filll came to corr allallioa through home occupatium and thnrup a awnbcr ol qUCSliaas from iu! -.u. She ra:allcd that wt -this bock to stall'whco ""wen: dilcuain&jusl lllll lllkillallraut home ow.,.,atiom for a while boc:lulcwe thought there was a special case because ol dlycarc. We mcd that stair come bock with a 10lutioD that would be palatal le , she said, hoth to the zonin& c:ona:rm oCthe people who live in the R-1 -A dislrictud also to the conccn •• of the ~ that were openliQa theR wi thout any C0DCCl'l1 to those neighbors. Tlli< is DOI just a ct. VW"C issue, she opined, or just a qualiCy oClife issue. Wllll it has to do with is a IIICicly in tmlSition. We have to deal with it in a way tl,at is lair, thoughtful and consideralc oCa Joi olpooplc's fcclings . s, .c Aid lbc truly believes that CX>11W11 bock wilb the coaditioDal USC WU 11,00d solution and she suppons that She allowed, at the same time. that she wrdcrslands theR AR pcoplc on both sides that M\'C fear of the conditional USC . The pooplc who ....... property, ... believes, ... DOI so C0ll0Cl1ICd with the property values as they are with the quality ol life they are trying to enjoy within their homes. Ms. Habcnichl n:called a call that sbc bad &om a 1aCla in Englewood who lives in ffi&hlands Ranch. The)' don 't permit this kind o( daycare home in Hipluds Ranch, but sbc wanted us to do this hen: io Englewood . She surmised that Englewood isn 't the only ares that prohibill this kind of thing. Nol ·..-.nting to put us in the wrong light she -c,d, the thing is that this is the way that it has been for ycan and people are afraid that their nci&Jrborl,oods are p,ing to chafllC by makina this more penaiaiblc. At the same time, people who ba,·e da)'care homes. and have their children in daycaR homes wbctc nobody even knows the difference, fccl that we are ll)'iQ& to lake this away from them. She recognized that there are really suong feelings and co na:ms on hoth sides and that"" DOOd to be sensitive to hoth sides. Ms . Habenicht asserted that she bel ieves <llff came up with a recommeodation tha t is seasitivc to both sides, by making this a conditional use in R-1-A. She feds the people who are really fcaJful about this are the people who have da)'carc homes and all of sudden they are going to have to go through the process and put up these s""5. For that reason, sbc 11,ucsted an amendment that would p:andfathcr in for two ycan all of the existing licensed daycarc in R-1-A. She said sbc is just putting this out for discussion, to grandfather them in for ""' years until they ha,,. to &ct the conliiuonaJ zoning. That gives them the time to get history . Coonci l Member Hathaway re minded Cooncil that we need to \'Ole on the amendment that is already on the floor . Cooncil Member Waggoner stated that he bas rccci'l'Cd a lot ofletters from people who are concemcd about doing away ,.;th daycare in the residential aress. We are not doing away with daycan: in all the residential areas . Some or it is not allowed already, be said, but EngJcwoocl still has R-1-B single famil y residential districts. R-1-C single famil y residential districts. We have the R-2 , the R-l and the k-2-C and the R-l-C , the R-l and the R-4 residential districts. So it is only the R-1-A where I'm proposing that we remove the famil y daycare in the home. he said. The rest or them stay exactly as they arc . Also, for the EqlM,eodCllyO,udl NcMllller ll, 1996 Pip 16 reco,d, lie ldYilod lhlt,.., hid pcdlloal IUbmhlcd tonipi with lhlny-<line 111.,,.._ llkina that we do • euctly '111111 lie it propollin1. · Council Member Wlgjns IIIIICld 1h11 eipty-41uec percent of tbc leltm and calls arc c:omina from people out.side oftbc City ofEnsJewood. l'ow1ccn i:cr-t oflhole people tbal arc brin&in1 tbcir ~n Into the city to daycare ClclllUcs arc IClllllly WOfldna In tbc city. Tbat.....,,. the otbtn arc ooming in, droppina their childRn, and then goina out or Enalcwood, they arc aot worldna In EqJcwood. They come from unincorpomed Arapahoe County, Jdl'cnon County and Hlpluds Ruch, IO -of them arc llot within the city . Council Member Vonnil.lg polnt..i out tbc R-1-,A arcas oo tbc large map in Council Cllambcn. Mayor Bums lllvilcd that ho lm>upt 11m -up II tbc Mclro ~• Caucus mcding on Friday. There aR ~-apt mayon in tbc caucus 11111 a Joi of tbcm were there . l!w,y city ho tallr.ed to allows daycare home occupetlons in -residential disllieu and lllOII oftbcm In all residcnlial diruieu. He said his list includes Littleton, S1leridan. Cbcny Hills, which docs bl\-. daycaR spocifically but allows home oca,polions in all residential dillricu, Denver and ThomlOO . He feels we have about ninctccn daycare cent.en In R-1-A now, which illustrates that i.nclccd. lixty lo scveniy pcrccnl ol'mothcn are now worlting. FO<ty years ago it was problbly !cu than ten patall so Ibo world bas cbanp I lot . Prices of homes and housing in Englewood have 1"11" up remarkably in the last rcw yean and ho docs not reel there ls any way to sbol,• any reductlon bocaule of ln)1hing like daycare. He said he will oppose th• amendment lhol Council Member Waggoner pn,posrd. Vot.c ,-Its .. !lie Ulffldmcat: Ayes: Council Members Wigjns, Wagoner Nays : Council McmlJcn Hathaway , Vormlttag, Habenicht Clapp, Bums The motion failed . Council Member Hathaway said that if Council Mombcr Habenicht 1''0Uld indulge her for I moment , she would like 10 propose a counter amendment. She aid she would like to propose that we consider child care in R-l·A tbc same a> in any other residential district in the City of Englewood . In other words, it is a pcrmincd use. It has existed for many years. as Mayor Bums stated. and has for the lllOII part c.'<ist..i pcac:cfully witll few cxc:rptions. She feels our ncipborboods are up to dealing witll tho,c exceptions. If somebody is in a childcare Cacility, lic:cnscd or unlicensed, and they are causing problems , yoo can bet the neighborhood will be Ille fust to complain, whctbcr it is in R-1-A orR-2 , which, she aid, is where she has lived all her life. She feels we are setting a c:lass distinc:lion, which she docs nol feel "~ should, because they are our children, ,he docsn 't care v.1'clher they have parents who work in the city of Englewood or v.ilcthcr they have no relationship here other tllan their child care provider. They are the future of our communiry , our world and our counuy. The best \\'3)' lo take rare oflhcm is to eliminate any distinction. Mayor Bums asked il' she is speaking lo the ordinance as drafted . She responded lhat she is speaking to theordinanoc as drafted , to make R-1-A child arc: the same as it i1 in other residential wncs . Not a conditional use. Council Member Vonnittag asked for clarification as to whether she was only referring to daycare . She responded "just da)'C3J'C. n Council Member Habenicht said she recognizes this is an emotional issue for a lot of people . She feels the suggested change "'OU!d uot be taking this as sl01'iy as the transition requires in a community that is • • • • • c:boqlnc aad a ll1Cidy dial la c.ioa,inc. SIio bell-11111 "" can move into 1h11 pdual1y aad ..,_ a lot olddJ r.r, wlllcb Ille Ml la drivilll bolh ,._ ollk iae. Ma. Habclllcbl aid Ille -,Id DOI -ftlr It all one way or all the otbcr way. SIio rdla'lled tblt 11111'.., done • trcmcndoua jab In cominc up ,ml, a oolution that -people flDd pelalablc . SIio bu lllkcd with people ftlr wdl over a year now about the pn,blcm aad people on balll sides uve aid it IOUllds like a pd c,ompromhc for DOW. Thal is why sbc -.Id !IOI ao lbr jusl tluowina out lhe zonin&, but rather bq, it u a conditional Ille. She aid sbe would VOlr. no on 1h11 ~ Mayor Bums said the IIIIClldment is to make child can: in R-1-A tbe same u in any other disuic:t. Council Member Halhauy aid sbc wants to make it clear that sbc considers child care a special home oa:upation . Aa"" contiDuc our review olhome occuplliom In R-1-A aad otbcr districts, wc need to look 11 child care u port oC that whole picture. SIie feds thal can be made port of the trusitioa u well, but in this particular cue you arc 1alldng about a home ca:upllioa thal is not a lawyer for profit or an 1CC011ntant doing his busintu out of his home, which, she aid. exist in R•l·A, too, aad they arc illepJ. Sbc feels this panicular illuc needs to be addrmcd DOW because there is more ol a DIIOd for iL Council Member Vormittag said that t:\'CI)' rd'cn:ncc in the ordinance 10 da)'Cal'C sbould be procodod by the"1>nl "llc:cnscd." They sbould all say "Jiocoscd dayca,e,• Council Member Hathaway pointed out that this i, addn:sscd under lhc second whcras, II 11)'1 1iccnscd by lhc Stale or Colorodo and opc,ating prior to June 3, 1996. Sbe agrc:cd. IS a friendly IIDClldmcnL tolCCCpl lhc ""nling "lic:cnscd" dlycatt. Ma)1>r Bums said that ih-c arc 1alldng at.out having child care in R-1-A the same IS the othcn, ii socms that ,.,. have diffacnt kinds of uses. some uscs as a matter of right and some .,.. conditional in this ordinance . City Attorney Bniuman responded that our rocommcndation is to make this a home occupation listing family child care home. Ol infanl/loddlcr home. as the only home oa:upatioD for R-1-A . Council Member Hathaway agrood that that is what she is rd'crring to. Mayor Bums said. for instance, R-1-B appears ID ha,-c a home occupation or child care IS a 111111a of righL R-1-B has conditional use . It 's a misnomer to say that lhcy ii would be lhc same IS other districts because Ibey.,.. noc all lhc same . You ll'Cjust saying allow it IS a mane, of right in R-1-A. Council Member Hatha1>~y agrood . Council Member Wil)Jins said he agrees with Council Member Habenicht that it should be a conditional use. Council Member Clapp stated for lhc rcconl that she supporu child care and can't imaainc putting conditi ons on ii just because of zoning. She feels it is• w,: by right and that wc need to suppon our families and our children and our fulUre . She said she wholeheartedly suppons cvc')1hing that Council Member 11.athal'~Y just said. Mayor Bums asked City Anomcy Brotzman ID explain the procedure involved with a conditional use. Mr. BrolZJJ'.an responded that you would ha,-c 10 go 10 a public hearing on that. There is a sci of standanls that appl y to all conditional uses . The conditional use bearing is before the Planning and Z!'lning Con:mission. ii does not come back to Council. and appeals l\'OU.ld go to district cowt. Counci l Member Hathaway asked if ii requires thc posting of a sign in front orthcir home . whether it requires the applicant 10 come do\\11 and P""'C Iha! the meet all orlhc requiremen ts and that they arc not ~~ t,_,,._ II, 1996 Plpll a delrl.-1e Ibo aelaN,orl,ood. 11 bulc:ally requires diem to come down and pnwe dill Ibey C1111 exi st, • she llld. City Attomey 8nllzmaD responded affirffllllvcly. Council Member Habcalcbt aid abc feds 1h11 oac mthe ~r _.. mpeople wlio n in 111c R•l•A ,...,.. is DOI ID much the pn,perty values, but rather the -m OYCt the cbaDp iD the quality m the neighborhood. When people talk lbaut IUaD&ffl coming in, lncreuod ualllc and tbinp like Chai, she fc:cl s thal if,.. just mike it • penniued uoe by rl&ht then there is DO abilll)' to l(JYCtD or ~ct or deal v.ith thooe kiDds of i-For Ure moll part. the daycare mothers abc bu talk<d ID ay they doll 't molly impact tralllc bccauac oC the way we opcr11e. She llld she truly feels that this c:oaditiODII use is such a good compromise because it doesn 't shut ID)1>ody ,own. Tho amendmeol that she hu brouaht fOIWlld ... oo1d aClllll1y ~thooe existing for iwoyo.•rs 10 that they-idn't have thi s fcarmbeilJI wieted rip! away. We are iD • time mlJUlition an.I we DOOd to be thoughlful ID both si des. She said she cou1dn 'I \'Ille the other way, either. Council Member Clapp lddrcssod the trlllic issue. She said she h·u ri&ht aaoa tbe SIRCI from an demcnWy scbool and there is a lot oftnffic. Bui, it only 1 .. u for L•.n or fifteen minutes maximum when people drop their chi ldren off in the IDMling and in the evening whca they piclr. them up. She uscned thal thi• does DOI negati,-ely im pact her area and she can't imagine • daycare -.,;th six children impacting a neighborhood ncgam-ely . Addressing the compromise, she said she does not personally foci she can compromise licensed daycare. Mayor Bums asked City Attorney Brotzman 10 t<SpC>nd to bis obscrvalion Iha~ martially, if it is licemcd daycare, rbc elements that have been spoken 10 here ronight as far as what thnr license means, as far as the Srar e is a,nc,ernc,d. are al l dcmcnts addresa-d by the Stare of Colorado . Mr. Brotzman responded aflinnam-ely. Conditional use, theo, in our zone district means what? Mr. Brotzi..an responded tbalir concmts tbe impacts ID the ucipborhood. The best example of what Piannln& and Zoning would consi der that wo 111\-e talked abou~ he said, is uaflic and its impact on the neighborhood. Second would • be noi se issues. CO UNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO AMEND THE ORDINANCE, MAKING CHILD CARE THE SAME IN R-l·A AS IT IS IN ANY OTH£R ZONE DISTRICT BY RIGHT. Cily Attorney Brotzman ask ed Cou ncil lo look al the memo he had plO\idcd lUldcr the last pangraph under 16-4-2 . He read "R·l·A Single Family Residence District , paragraph M. would add a nc· •• · number fi ve, whi ch would be Home Occupations. oocupalions customarily incidental lo the principal use 2S a residence wbco conducted in the same dwdling provided thar the foll o-.,i ng conditions an: me~ A. Fiunll y child care home or infant child care home .· Counci l Member Waggoner asked if thal opens ii up for all other home oocupations also . Mr. Brottman sai d that daycare would be the only home oocupation allowed . Mr . Waggoner said thar is does open it up \\i th no restrictions , no matter how man)' lhcrc arc or how cl ose they arc. Council Member Hathaway said thal is cor,ect. as long as they arc licensed by the Srare of Colorado. Ciry Anomey Brotzman said there arc definitions included for child care home and infanliroddler borne . Vote rauhs oa tt.e amendment : Ayes : Council Membe" Hathaway, Vorminag,, Clapp, Nays: Council Membe" Wiggins, Habenicb, Waggoner. Bums The motion fai led . • • • • COUNCIL MtlOIR 11.UINlCBT MOVID, AJIID IT WAS SICONDID, TO AMIND THI ORDINANCI TO GRANllPATHIR IN FOR 1WO YIAIIS IXJSTING UCINSID DAYCARE HOMES IN R•l•A, DURING WHICH TIMI THEY WOULD APPLY ,OR A CONDI rlONAL USE. Council Member Hathaway ukcd for clarillc:allon a to wbdhcr Council Member Habcnicbl ii acccpling the ordinance u wriuen. l.nd is only oddin& the grandft.ther clause for all lhose in exiaenc:e thal can prove lhey wcro licensed prior 10 Jw,e J , 1996. Ms. H.IIJcalchl oonlinncd lbat SlllancnL New daycarts, she sald, would have lo apply for a oonditional U1C ri&hl rway. Mayor Bums oommented lbat It would lllCDI IO him lbat obtaining conditional ...., for lhose pudfatbcn,d in would be a routine mane,. Council Member Habenicht ,aid ii would give lhein some time l.nd lhey would not feel that lhey m being forced Into somelhi.ng right away . Council Member Hathaway offered an addition to lhe amcndmcnl whereby thole pandfalhen:d l.nd who could prove lhey wcro in exiSleDCC l.nd lieensod prior to June J, 1996 would not be n:quirod to go through lhe a,nditional use proa:s1 l.nd thal from lhis poinl oa it would be done u a oondilional UIC as proposed in lhe ordinanoc. Council Member Vonninag added lhal lhey must have exiSled at lheir cunen1 addr=. Council Memb .., Habcnichl said she lhiw it is belier 10 ha, .. an equal playing field for Ille residents l.nd lhe daycare providers. The 1wo year grandfathering in gi\'OS the propeny owners who have ooneerns the sense lbal u, "Y still have the opponunil.)' to qucstioa the conditional UIC 111ld a SCll$C of a,curity for lheir lifesl)'le. The allows for everyone 's righu to be pnll<ded. Mayor Bums added thal some of lhese daycaro providm have been in their ..sidenees for fifteen or twenty years l.nd it appears lbal lhey provide quality daycare. He cxp,used coneem aboul making them all go through a conditional use process given the number of yean lhey have been in business . Council Member Wiggins pointed 0111 that lhey have been illegally in business. Mayor Bums acknowledged that, bul feels we havcn 'I done a VCJ)' &oodjob of moniloring lhat, nor has lhe State. Coun cil Member Clapp asked for clarification as to what the amendmcnl is . Council Member Habenicht roiteraled thal her amendment is that anyone who would oornc in new 10 R-1-A would have IO immediately go lhrough • oonditional use process . Those that are already existing and licensed that have been covered under our moratorium ,.;u be grandfalhl:red in for lwo )'CalS. in which tiroe, or after which time. whichever lhey would p..Cer, lhey would go for Ille oonditional use permit. Council Member Waggoner furlher clarified that ii approves the ordinance as wrillcn, except lhat ii grandfathers in lhose that existed prior 10 lune J, 19961.nd gives lhcm t"" years lo go through the oonditi onal use process . Council Member Halh3way added that it adds Ille word "liccnaed" all lhc way lhrough . Council Member Vonninag further clarified that this would be at the same address . Council Membe r Habenicht concuned. Mayor Burns said obviously lhis is a balancing act. add ing that he has no dcsiro to eliminate lhis use in this zone district. Council Member Cl~?l' ~led that she ,.;u be voting )'C< r.n lhis. just because it is lhc best we can do and allo\\~ lhe daycare pro,;ders lo operate . ~~ NcMabor II, 1996 PIF20 Council Member~ IIMed thal the will 11m be wlina :,a because it will II lasl -the la,e • t,n,a,d after bawlg beea llallod for a year and a Ila!( SIie aid we am! ID commit oundvcs ID moving fonnnl .,;th review oldie bomc oetupliliOIIS IOlally in R-1-A. Voce .... 111 .. .._ ._d ... 1: Ayes: Nays: The -carried . 12 . GcKral D111<1111loa (a) Mayo(s Cboicc Council Memben Hathlwly, Vorminag. Wiggins. Habcnicb~ Waggoner. Clapp, Bums None I. Mayor Bums said be prcvioosly told Council othis lllcadanc:e II the Metro Mayon ' Caucus. 2. With n:gard to uansponation i5SUCS. we have a public meeliD& on November 20th. be said, in the Community Room n:prding IIIIIClliti..i .,,J impm'CIIICIIIS 11 the RID Lip Rail llop. Council Member Hllthaw,y said thltt •he bcli this •-as publish<d as bcillg only the stop at Santa Fe and Oxford . City Manager Clark said they are suppoocd to talk about all in cm district, including Cindcn:lla City . (b) Council Membe(s Choice (i) Council Member Habenicht I . She told Council Iha! she attended the press confcn:ncc put on by the Denver Chamber of Commcn:e and the Colorado Council for Business in the Arts and they did a "'DDdcdul study on the impoct of the ans in the a,mmunity. She di11noutcd copies to Council, saying that many communities ha\'e n:cognizcd cultun: and the arts as an camomic dc,'dopmcnt tool. 2. She acknowledged the wonderful memorial that is being put l0g<lbcr by the Englewood Public Library Board for Fiel<ling Clayton, who,. ... taken from us so suddenly. She said it is a beautiful and ltlO\ing memorial. She cxpn:sscd how much it meant to her to lta\'C llCIVCd ,.;th Ms. Clayton. saying she ,. ... a wonderful young ""man with a IOI of good ideas. 13. City Managtr's Report (a) City Manager Clark stated that he included in their packet a Cinden:lla City llltus n:port and he has nothing to add . 14. Oty Attorney's Report (a) City Attorney Brottman requested authority to enter into a tolling agn:cmcnt ,.;,h tlic trustee in the EURA matter to extend the statute of limitations for a one year period . • • • COUNCU. MIEMBIR WAGGO!ffJl MOVD, AND IT WAS 511:CONDID, TO ACTBORIZI THI CITY A1TORNIY TO IENTU INTO A TOLLING AGUIMINT WITH THI TRUSTU IN THIIEIJRA MA'ITJ:R TO EXTIEND TIU STATUTI OF LIMITATIONS FORA ONI YEAR PERIOD. Ayes : Nays : The molion carriod . IS. AdjounilHDI Council Mmlltrs llalhawll y, Vonni nag. Wiggins, llabcnicb~ Waggoner, Clapp, Bwns Nooe COUNCU. MEMBERHATDAWAY MOVED TO ADJOURN. The meeti ng adjourned at 9:3 8 p.m.