HomeMy WebLinkAbout1996-12-16 (Regular) Meeting Minutes•
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
ReplarSeuion
Dectmber 16 , 1996
I. <:all to Order
The n:gul , lll'GUllP,Ofthc Englewood Cily Council was calhx: 10 order by Mai,,r Bums nt 7 :30 p.m.
2. l.Jl~,xation
The im'3cation was gi\"cn b)· Council Member Wiggins.
3. Pied::, of Allegianct
The Plcdll,C of Alleg,an.:c ,-,u led by Mayor Bums.
~-RoUCall
Pr;scnt:
Absent:
A quorum ~.t.~ pn:se :it .
Counci l Members Ha thaway, Clapp, Wiggi ns. Habcnich~
Wa ggoner. Bwns
Council Member Vonninag
Also present: City Manage r Clark
5. Mi!IUld
City Attorney Brotzman
Depu ty Cit)· Clerk Castle
(a) COUNCIL MEMBER HATHAWAY MOV· .',AN D !TWAS SECONDED . TO
APPROVE lllE MINUTES OF THE REGULAR MEETI!' / uF DECEMBER 2, 1996.
Ar,ie!:.. Council Members Ha.thawcr °Niggins. Habenicht .
Nays :
Atsent:
The moti on carrr£.
Waggoner . Clapp. Bu11\S
None
Council Member Vom1itL ,-,
3) Ann Nabholz. thairpcrson of the Cl ean. Gree n and Proud Commission , was prese nt to
announce the 9 .. Annual Englewood Holiday Lighun g Co nt est win ners,
Mayor Bums prcscn 'cd the Mayer's Choi1..,: Award to the Mtllcr•Bargas F:111111~. 41 04 South Shcmtan
StrccL He recognized tl¼'( 'he rlun ily O\'crcamc ad\'crsit)' to panicipatc in thi s ~car·s competition. having
had a garage fire carUcr Lhi s year tl1al destroyed most of their dccomtions. Despite han ng to be gin again.
he sai d. lh C)· lad tb c determination and perseverance to enter tl1c contest and he expressed pleasure m
prese ntin g ttw m with t11c award .
&p,wood Cicy Caucil
Doccmber 16, 1996
Pagel
Ms. Nabholz thanked C\'Cl)'OIIC who participated in the Holiday Llgbti n& Contest , She pr<SCnted the
following awards :
Richard and Alice Kloe"u
4990 South Elati S111'C t
Randahl Headley
43 IS South Lipan Street
Joe Osuo"<ki
4075 Sou th Wa,hington S111'Ct
Peunanson Family
39 18 South Elati Street
Dwi ght and Ellen Latham
2971 South Emer>on Stn:ct
StC\'C and Leslie Ward
4225 South Sherman Slleet
Rich and Peggv Co le
JO 17 South Pennsy lvani a St=!
Ken Swaim
3905 South Logan Street
Mark Greiner
28 75 South Delaware Stn:ct
Ponorablc Mention : An Blom
Lifeti me Holiday Spirit Award
Christmas is for Children
Most Unique Lightin g Di splay
Best Chri stmas Display
Best Hol iday Displ ay Using Recycled Objects
HSwcc1"es1 Holiday Displ ay
A Santa Ce lebra tion
Celebration of the Season Award
Li ghts. Lights. Lightsl
Bo and Deana Wadsack
Ken Leif
4560 South Shennan Street
44 15 SoutJ, Gram Street
350 East Bellewood Dri\'e
311 2 West Monmouth A\'cnuc
39 1 I Sou tl1 Delaware Street
3444 South Bro.1dway
Mary Flaclc
Mary Schanne
Ultra Legs Hosie ry
William Simo nton 2981 South Cheroltcc Slrcet
Ms. Nabholz e.,1ended specia l tJ,anks Ca rol Welc h ofUllra Legs Hosiery for being the first business on
Broodway to enter the compcti1ion .
b) Water Trc.1tmcn t Plant Technici an Don Coa unan prcsc:n tcd 10 tl1 c City a 1nomcnto of hi s
rcc:cnt trip to Russi a. Mr. Coatman said he beca me im·olvcd with the project for the Enviro nmental
Protection A gen~· (EPA) because he worked for that agency prior to his cmpl o~ mcn1 ,,i 1h Lhc Ci1y of
Englewood . He wc nl 10 Russia with lhe EPA in a pi lol study to help a 1yp 1cal Russian Ci1~ prfra 1i 1.c I.heir
in frastructure. p.,nicularly the waler system . TI1csc people . he s.1id. \\'Crt told wha110 do and how 10 do it
for many years. so pan of the project involves helping the ci ti zens learn to think fo r 1hemscl\'cs. On
behalf of lhc c1ti1.cns of Nizh nii Tagil. Mr Coo lman presented a tl"3y which w~as hand p.1i n1cd by loca l
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anisans there. Ha,i ng gone to Russia three limes now. he said his next trip is scheduled for the end of •
Marth or 1hc first of Apnl 10 inscall a whol e new chl onn:ni on system for them
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Mayor Bums SU8£csted thal a~ be lakcn orlhc pr=nlation al a lalcr time so that Mr. Coaunan can
lake ii back for the Russian people lo soc.
Ccuncil Member Habcnichl suggested putting lhc Ir.I)' oo displ ay in lhc Liboary for the a,nununity ID
enjoy.
7. Noe-sc heduled Visilon
There were no non•sc.hcdulcd vi!-itors.
8. Communi cat ion s, Proclun 1tion1 and Ap pointrn~nts
Th ere were no co mmuni c::ufons. procl am .. ,tions. or appointments.
9. Public Bearing
No public hearing was scheduled boron: Council.
10. Con,ent Agenda
COUNCIL MEMBER HATHAWAY MOVED, AND !TWAS SEC OND ED, TO APPROVE
CONSENT AGEND A ITEMS 10 (a) (l) THRO UGH M ON FIRST READING.
(3) Approve on First Readi ng
(i) RESOLtmON NO. 97 , SERIES OF 1996
A RESOLtmON APPROVING COMPENSATION PLANS FOR MANAGERIAL . SUPER VISORY ,
CONFIDEl'<llAL. UNCLASS IFIED AND PART-TIME BENEFITS-ELIGIBLE EMPLOYEES OF TilE
CITY OF ENGLEWOOD FOR TilE YEAR 1997.
(ii) COUNCil. BILL NO . 82, INTRODUCED BY COUNC IL MEJ\oIBER
HATIIAWAY
A BILL FOR AN ORD INANCE AUTiiORIZING AN INTER GOVERNMENT AL AGREEMENT
ENTITI.ED "A GREEME NT RE GARDI NG CONSTRUCTION OF DRAINAGE AND FLOOD
CONTROL IMPROVEMENTS ON BIG DR Y CREEK AT WINDERMERE . CITY OF ENGLEWOOD .
UDFCD AGREEMENT NO . 96-10.05." BETWEEN 11iE URBAN DRAINAGE AND FLOOD
CONTROL DISTRICT AND TIIE CITY OF ENGLEWOOD. COLORADO .
(iii) COUNCIL BILL NO . 81, INTRODUCED BY COUNCIL MEMBER
HATiiAWAY
A BILL FOR AN ORDINANCE AUTiiORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED "CITY OF ENGLEWOOD PROJECT AGREEMF.NT WJTII RID FOR TRANSIT
FACILITIES AND PARKING SPACES TO BE INCORPOl(ATED INTO TIIE REDEVELOPMENT OF
COMMERCIAL REAL ESTP.E !'!EAR HAMPDEN A.'PJ SANTI. FE (PRESENTL ~ REFERRED TO
AS CINDERELLA Cin')" BETWEEis THE REGIO'!AL TRANSPO RTAT ION DISTRICT (RID) AND
TitE CITY OF ENGLEWOOD , COLORADv .
(iv) RESOLtmON NO . 98. SERIES OF 1996
l!np,wood City COIIIICil
Dcccmbcr 16, 1996
Page4
A RESOLlITION APPROVING THE SUBDIVISION OF PROPERTY LOCATED IN TilE 2500
BLOCK OF WEST UNION A VENUE AND APPROXIMATELY 600 FEET TO TilE SOUTII OF WEST
UNION A VENUE. MORE COMMONLY KNOWN AS THE CANFIELD SUBDIVISION .
(v) RESOLUTION NO. 99, SERIES OF 1996
A RESOLUTION ADOPTING A LIST OF PERSONS FOR APPOINTMENT AS HEARING OFFICERS
FOR DISCIPLINARY GRIEVANCES .
Vote results :
Ayes:
Nays:
Council Members Hathaway. Wi ggi ns. Ha benic ht .
Waggo ner. Clapp, Burns
None
Absent
The motion carried.
CoW1 ci l Member Vormittag
COUNCIL MEll,BER HATHAWAY MOVED , AND IT WAS SE CO NDED, TO APPROVE
AGE NDA ITEMS 10 (b) (i) THROUGH (iv) O N SECO ND READI NG.
(b ) A P(''m'C on Second Reading
(i) ORD INAN CE NO. 68. SERI ES OF 1996 (COUNCIL BI LL NO . 65.
INTROD UCED BY COUN Cn. MEMBER HATHAWAY)
AN ORDINANCE APPROVING THE REZONING OF THE ENGLEWOOD MERIDI AN PROPERTY
LOCATED AT 3455 sotrrn CORONA STREET .CURRENTLY ZONED LN THE R-3 DISTRI CT, TO
A PL ANNED UNIT DEVELOP MEITT.
(ii) ORDINANCE NO . 69, SERI ES OF 1996 (COUN CIL BILL NO. 73 .
IN111.ODUCED BY COUNCn. MEMBER WIGGINS)
AN ORDI NAN CE AMENDI NG TITLE 12, CHAPTER IB . SECTIO N 7, OF THE ENGLEWOOD
MUNlC IPAL CODE 1985 PERTAI NING TO RESTRICTI NG THE NUMBER OF USERS ON ANY
ON,, WATER AND SEIVER SERVICE .
(ii i) ORD WANCE NO . 70 , SERIES OF 1996 (fOUNC'l L BILL NO 74,
INTRODUC ED BY COUN Cn. MEMBER HATHAWA Y)
AN ORDI NANCE APPROVING SUPPLEMEITT NO . 20 TO THE VALL EY SAN ITA n m• DISTRI CT
CON.NECTO R 'S AGRJ;EME NT WITH THE CITY OF ENGLEWOO D TO INC LUDE ADD iT IONAL
LAND WITHIN THE DJS'iRJCT BOUNDARIES .
(i v) ORDI NANCE NO . 7 1, SE RIES O, 1996 ICO UNC IL BILL NO 75.
INTRODU CED BY COUN CIL MEMBER HATHAWA Y)
AN ORDINA NC E AP PROVING SUPPLEMEITT NO . 129 TO THE SOlJTHG A TE SANIT ATION
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DI STRICT CONNECTOR 'S AG RE EMENT WITH THE CITY OF ENG LEWOOD . COLORADO FOR •
THE INC LUSI ON OF LAND WITHI N 111E DISTRI CT BOUNDARIES
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E.,.ie,,ood Cily Council
December 16, 1996
Pagc5
Votcraulll:
Ayes :
Nays:
Absent
The motion canicd.
Council Members Hathaway, Wiggins, Habenich~
Waggoner, Clapp, Burns
None
Council Member Vorrniltag
l l . Ordiaancu, Rcsolutlon1 ud Motioes
(a) Approve on Firs1 Reading
There were no additional ilems submiued for approval on fim reading . (See Agenda lte1.1 IO • Consenl
Agenda.)
(b) Approve on Second Reading
(i) Mayor Bur,IS swed that this is an opponuni1y for Council 10 commen1 on the
Pub! Hearing ofDcccrnber 2, 1096 and any other inpul Council Members "ish 10 gi\'c on Council Bill
No
Coun< !ember Hatha,-,iy s1a1ed thal she \\ill be ,·oting agai ns1 1his Planned Unit Dc\'Clopment based
upon tlk llllll1CnlS at the public hearing. and the rel ativity of the comp lex 10 tl1e neighborhoods aod the
Bnookridge Shopping Cenler. It bas not been pl'OYCD to her, she said, tlml tltis is 1he best use for tlus piece
of ground.
Council Member Waggo ner said hew 11 also be \'Oting against it unless th ere arc some significant changes
or restrictions placed upon the propc ny.
Council Me mber Hathaway stated that she would make t.hc motion just to get it on th e table for discussion .
COUNCIL MEMBER DATHA WA V MOVED, ANll IT WAS SECONDED, TO APPROVE
AGENDA IT[l\l >iO. 11 (b)(i)-COUNCIL BILL ~O. 60
COUNCIL BILL NO . 60, INTRODUCED BV COUNCIL MEMBER HA THA WAY
A BILL FOR AN ORD INANCE APPROVlNG THE REZONfNG OF THE BROOKRIDGE SHOPPING
CE1'ITER LOCATED ON THE SOUTHEAST CORNER OF BELLEVlEW AND SOUTH BROADWAY
IN THE 5100 BLOCK.CURRENTLY ZONED 8-2. BUSINESS DISTRICT TO A PLANNED UNIT
DEVELOPMENT.
Council Member Waggoner offered amendments 10 scc1ion two on the li st of restrictions . He said he
wou ld like 10 sec the setback on the eas1 side of the developmenl hnve no less 1lc1n a fiftee n foot
landscaped buffer. Also. along the propcny line on the cast side oftl1e dcvelopme111. from lkllC\iC\, 10
Cenlennial Avenue. he wou ld like an cigh1 foot bigh. double sided. "ood fence . By double sided. he sai d.
he is referring to a fen ce 1h at is finished on both sa des .
Clarifying for CounciJ Member Ha1h.1way , Mr. Waggoner s.iid the setback docs 1101 apply to the
Ce ntennial A\'cnuc side . only 1hc cast si de of the dcvclopm cm . adjace nt to the propcnics
Continuing with his pmposed amcodmc:nt.<, Council Me mber Waggoner asked tl>at the open hour, of
opcmtioo be rcstriaed to 7:00 Lm. to 9:00 p.m. seven days a wed-and lllat on-st=t parting on the nonh
side of cast CcntCMial Avenue be pr ' "ted. City Allomey Brotzman staled lllat tloe: latter would be n
Ci ty function. Mr. Waggoner asltcd u do not need it then , to which Mr. Brotzmru, replied tlmt we do
n01 . but their insuuction to stalfwould be 10 prohibit parking on Illa! side. Mr. Waggoncrasked ifit cm
be put in the PUD lllat the dC\-dopcr undcrsmnds lllat p.irking restrictions will be placeJ on the nonh side
of Centennial A,-cnuc. Mr. Brcuman ~ndcd affimmti,·cly. Council Member Halllaway asked if thi s
would become part or the PUD for sure. Mr. Brotzman said that it wou ld notify them lllat tlicrc an: going
10 be parking restrictions and the lilaff "ill take affirmative steps lo do Illa!.
Council Member Waggoner continued. staling the addi tional amendments would n:stria the use of the
buildings to storage, nnd that there "i ll be no n:ntal or n:lllil of any type lllat takes place fro m out of those
buildings. Council Member Hathaway asked if that would include the sale of boxes to tcnant.s . Mr.
Waggoner said he is more concanc:d "ith the opcra1ional aspect of the storage un its a.c!I 001 ncccssnril y
the office. He said he has no problem "ith the sale or boxes. as lon g as so meone docs not set up 11
business in one of the sto rage units.
Council Member Halllawny asked if the fon:going shc.tl d be put into Ilic PUD Mr. Brotzm.,n ~'lid the
rc.1.I qucsti mi, wbclhc r Council is modifying the sixth condilion. which restricts the units \l> storage only .
Mayor Bums agn:cd lllat the restriction is already in then:.
Mayor Burns a,Mscd lllat Council is looking at a list of suggested issues rrom the Planning staff. and
commented lllat some of them do\-ctail \\ith Council Member Waggoncr"s amendments. Council Membe,
Waggoner repeated his amcndmcots as being a fillccn foot landscaped buffer along the cast side. a double
sided. eight fooc high . wood fc.nc:c. and rcstricl i'"ln of the hou ~ of operati on 10 7 a.m. to 9 p.m.
Council Member Habenicht s;ud she wouJ d scc .... ,l Council Member Waggo ner's amendments.
Mayor Burns asked how much grc:itcr the setback would be than that originall y proposed. Cou nci l
Member Wa gg<'ncr responded that it would add anot her five foci. Mayor Bums asked wh:u thnt would do
10 the in ternal t.:.1001 Mr. Waggoner n:sponded that the original plan did not inc lude a landscaped bulfer.
2lthough then: w,s a bulfcr that was not land scaped .
Mayor Burns sa,d he did not know why a fen ce would be ncccss.11 1 on Cen tennial bcc3usc the buil din g ,S
there and tbat is larger th.an the fence . Cou ncil Member Hathawa y commented th.11 some units h.1vc a
"TOu ght iron fence C\'Cn along the buildings .
Council Member Wiggins :tskcd for clarifi ca ti on as to why lhcrc ·wou ld be an eight foot fence nnd fifteen
feet of landscaping between the fence and the buildings , Mr. Waggoner said it would just 3dd some
11trac1h'cncss to the ~,ropcny Mr Wigg.ins responded that the fence would prcvcn1 anyo ne from seeing
th e landscaping.
Co uncil Member HJthaway said it might make mon: sense lo have the landscape bulfcr surt ,i the
property line and go fifteen feet inward :md then have the eight foot fence . Counci l Member Waggoner
s.ti d 1hcrc was a conce rn about noise and he said he was not sure that just the fence would restrict the
noise to any c.,1cnt.
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Mayor Bums said the building woul d be a security buffc1 and asked why a fence would C\'Cn be Oeccsstf)'.
Coun cil Member Waggoner n:spondcd that it would just be a visual aspccl for the neighborh ood . He
opi ned 1ha1 Lhe fence jusl looks bcncr than bare co ncrc 1e . Co uncil Member Habenicht added tha1 11 1s •
more of a security 1h ing . ~-1:iyor Bums said th e building is bigger than an~ fen ce and c.xprcsscd con cern
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l!aglcMlod CilY Council
December 16, 1996
Plp7
thal lra5h would~ lhc~ He asked if a liftccn foot bulTrr would reduce lhc numbcr of bwlding.s.
Council Mr.mbcr J-lalba,ny fdl ii would bccausc lhcrc iJ cwrcntly only a lcn fOOI bulfer proposed on lhc
cast side.
Cooncil Member Hathaw.1y said if you drive down around Broolcridgc, you would see tha1 most of the
properties have some l)1lC of opaque fence. ,u she said she would question lhc fence. also. Council
Member Waggoner said he was really looking Ill, oo lhc residence side. on lhc property line, an cighl fcOI
high , double sided wood fcna:, and bc1wocn lhe buildings and lhc fcncr, a lands:apcd area . Mayor Bums
asked ifthal would replace lhc fences lhc homeowners ha\'C. Mr. Waggoner saicl, iflhc developer P,JIS up
a fence within six inches of lhc propc:ty lone, lhc bomcowncr> can do wluu lhcy• .-an1 with lhcir fcn -:cs .
Council Member Hathaway fcll lhal. because 0f1hc lopogrnphy on the south side. C\Cn If you pul up an
cighl foot fence , some of lhosc residence fences will be higher. The wall along thal side, from nonh 10
soulh, lends 10 gel dccpcr al one end . Council Member Waggoner said lhal lhcy coold leave their fence or
take it do"11 then .
Mayor Bums asked , if lhc fc,,cc is "ithin six inches of lhc property line, how the in1ernal landsclpcd
bulfcr will help . Council Member Wiggins saicl. and Mr. Waggoner agreed . l"3t ii would be a noise
b10!Ter. Mr . Wiggins said he could go along with lhe fence and siay "ilh lhc len foot bulTer . opining 1ha1
6,-c feet would nor make lbat much dilTercncc. He said he wanled 10 be sure 1lla1 ftrc 1rucks could still get
lhrough lhc drive. Ms. Ha1haway odrlcd lhal lhc currcnl bulTer is oot landscapccl, ii is jusr n,phall.
Colwcil Member Habcnicbt alfercd. as a fri endly amendmen t thal lhcrc be an cighl fool fen« \\ilh a 1en
foot landscaped buffer. Council Member Waggoner acccplcd .
Mayor Bllf"s DOlia:d lbat lhc swJ recommended lhat the hour> of opcrnlion DOI be rcs1ric1cd . He asked if
this is lhc indusuy standard. Council Member Hathaway anNcrcd 1ha1 ii varies ,.;th lhc locotion . Some
of lhcm arc open l\\c nty-Conr hoUB bur lhosc lend 10 be in indUSlrial areas and ,.c fully Iii 1wen1y-four
hoUBaday.
Council Member Waggoner asscncd Ui.1. since this is nc..i 10 a residential neighborhood. 1Jicrc should be
no problem \\ilh restricting hoUB 10 9:00 p.m. Council Member Wiggins said thc,c is nothing 10 k,cp
the m from coming back and req uesting a change in lhc hoUB al a la1er time if then: is a problem . Cily
Attorney Brotzman co ncurred. H~ ad,iscd that struf v.i ll almost alwa ys recommend no restriction on
hoUB beta, ,c they Uy to avoid al l blue la"~-The applicanl , he added. docs DOI have a problem \\i lh the
houn: restrictio n.
Coun ci l Member Cl app sai d thaL afte r a period of umc. wood can look pretty bad. She said she docs nol
know if co ncrete is chea per. but she has seen some realty auracliv c co ncret e and. as far as noise . thar
might be bcttC'r . She said it \\as j ust i li ought.
Mayor Bums sta ted that the suff recommendati ons nolc several of Lhc rccom mcnd.l1i ons arc to be noted
on the PUD . He asked if that step is necessa ry in addition 10 what was reco mmended 111 th e ordma ncc.
Ci1 y Auomey Brotzman said ii is bcuer to ha\'c ii on lhc PUD beca use you absol u1d y sec ii on 01e PUD
that W3)'. Mayor Bums asked if it would be appropriate to recommend that these st aff rccorMlCndations
be ad opted . C."<CCPI where changed by other molfons. ra tl .:r than going thro ugh them on e by one . City
Attorney Brotz.m.,n concurred .
'.vla •.;::r Bums ask ed if Lh c amendm en ts co uld be read aga in .
Enalc''.-1 Ci J Coomcil
Dcccmbcr 16, 19%
Page 8
COUNCt1 , MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AMEND
COUNCIL BILL NO. 60 BY INCLUDING REQUlllEMENTS FOR A TEN FOOT,
LANDSCAPED BUFFER ALONG THE EAST SIDE OF THE DEVELOPMENT WITH AN
EIGHT FOOT, DOUBLE SIDED WOOD FENCE LONG THE EAST SIDE OF THE
DEVELOPMENT, AND OPERATING HOURS R 11UCTED TO 7:00 A.M. TO 9:00 P.M.
SEVEN DA VS A WEEK.
Ayes:
Nays :
Absent:
The motion carried.
Council Mem bers Hathaway. Wi ggins, Habcnichl
W~ggoner, Burns
Council Member Clapp
Cooncil Member Vonn itt ng
Moyo r Bums said. referring to the staff r=mmendations thnt we re passed out to Co unci l bcfo!<' the
mee tin g. that we don ·t need to include rccom!llc ndations thnt ha\"C already bee n included in motions .
Council Member Hathaway asked if items six and seven should be inc luded si nce 1hcy a.re regu lated by the
City and PUC. City Attorney Brotzman odviscd thnt it would not be necessa ry. but that. p.m icu l>rly item
six regard ing parong on the non!, si clc. could be included if Coonci l so des ire~. Council Membe r
Waggo ner said he thinks it shou ld be noted on the PUD ~Ul t it Is understood .
MAYOR BURNS MOVJr:D , AND IT WAS SECONDED , TO AJIIEND COUNCIL BILI. 0 . 60 BY
ADDING TO THE PUD TBA T THE SETBACK ON THE EAST SIDE OF THE DEVELOPM ENT
SHALL BE NO LESS THAN 10 FEET, SETBACK ON THE EAST CENTENNIAL A VEN UE
SIDE SHALL BE NO LESS THAN 8 FEET AND LANDSCAP ED AS SPECIFIED BY PLANi'IING
COMMISSION RECOMMENDATION NO . I; TIIA T THE GATE ENTRA NCE BETWEE N
BUILDINGS I AND 8 ON EAST CENTENNIAL AVENUE SHALL DE WROUGHT IRON O:<I
AESTHETIC EQUIVALENT; THE FENCES BElWEEN BUILDING 10 AND 12, FROM THE
NORTHEAST CORNER OF B•JILDING 12 T{' THE EAST PROPERTY LINE AND ,-"E
SOUTlfEAST CORNER OF BUILDING 8 TO THE EAST PROPERTY UN£ SHALL 1,£ SIX
FOOT CHAIN LINK; LANDSCAPING ALONG THE EAST C ENTEN NIAL AVENU E SIDE
SHALL CO NFORM TO TH E PLANNING COMMISSION RECOMM EN DATIO N CONDITION
NUJIIBER I AND AT LE AS T 5-0 % OF THE SHRUBS SHALL BE AT LEA ST 5 GALL.ON SIZE;
THE PLANNING COMMISSION RECOMMENDATIONS, CONDITIONS NUMBERS 8 AND 9,
SHALL BE NOTED ON THE PUD; AND TO INCLUDE IN THE PUD THAT PARKING WILL
NOT BE ALLOWED ON TH E NO RTH SIDE.
Ayes :
Nays .
Absent:
The mation carri ed .
Council Members Ha thawri)'. Wi ggin s. H:tbc nic h1.
Waggoner, Clapp. Bums
None
Coun ci l Me mber Vonnill!l g
Counci l Member Habenich t asked irwc arc exposing ourselves to so me lia bilil y result ing fro m the
owners · objections to the dC\'C lopmcnl. City Anomcy Bro11.man said we cou ld be na med in a law suit,
and. yes . the lessees ha\'c a signifi can t inte rest in the pro perty lo Cilrry forward a PUD , but t11c liti g,1tion
that might result would be between lhc lca.sc hold er and the ICC holder . Alth ough !h ey ma~ bring us into
tha t liti gation. it is actu2 1'y a fi ght bclwccn those two pa n ics on how the lease is stru ctured an d how they
arc rendin g the lease . Mayo r Bums added th at if lh cy file an ncticm nnd get a tcmpo rar:i restrai ning order
ag.1inst the City . the City would simpl y be enjoined until such tu ne as th e cn·,n ni lcd on thei r lease . Th e
City \\i ll csscn tial l}' be a spectat or. he 5:;1 id. and await the decis ion of th e co ~
Co un ci l Member Hathaway as ked 1f I hat woul d stop the bui ldin g of th is "1oragc 1111 11 Mr Brotzma n sai d
it wou ld if they got an mJ un ction
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VOie ,-1u on the oriel••• mocioe to appro,·c c ...... u BIii No. 60, u amcad<d:
Ayes : Council Member> Wiggins, Hnbcnich~
Waggoner, Clapp, Burns
Nayi: Council Member Hathaway
Absent: Council Member Vonninng
The motion cn nied.
(ii) Mayor Bums staled '!hat he will abstni n from \'Olin~ on this matter bccnusc he
is the Chainnn n of the Housing Authority .
COUNCIL MEMBER IIA TIIA WAY MO VE u , AND IT WAS $ECONDED, TO APPROVE
AGENDA ITEM 11 (b) (ii) ON SEC OND READING.
ORDINANCE NO. 72 , SERIES OF 1996 (COUNC IL BILL NO 76, INffiOD UCED BY COUNC IL
MEMBER HATHAWA Y)
AN ORDINANCE APPROVING THE SAL E OF FIVE CITY OF ENG LEWOOD PROPERTIES
LOCATED AT 3400 , HIO, 3420 . 342 4 AND 3428 SOUTH SHERMAN STREET TO rnE
ENGLEWOOD HOUSING AUTHORITY .
Council Member Hath»"1Y commented that this was presented to the ·cs:'1cnts at Orchard Place. we hA,-c
a copy of the plans and most of them arc thri lled so fa r. She felt the a,mmcnt sheets were a ni ce gesture.
Volt results :
Ayes :
Nays :
Abstain :
Abse nt :
The mouon carried .
12. C..e neral Discussion
(a) Ma yo (s Choice
Council Members Hathaway. Wi ggin;. HabcnichL
Waggone r. Cla pp
None
Mayo r Bums
Council Member Vonni ttag
Mayor Bums did not h.wc any manc rs 10 bri ng be.fore Counci l.
(b) Council Mcmbe(s Choice
(i) Counc il Member Ha1haway
1. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECON DED , TO TABLE
AGENDA ITEM 12 (b) (I) -COUNCIL BILL NO . 79 , UNTIL FURTH ER NOTIC E.
Ayes :
Nays :
Absen t
The motion carried .
Co unC'il ~kmbcrs Hath.1way, Wiggins. Habeni cht.
Waggoner . Clapp, Bu ms
None
Council Member Vo nn illng
Eqlcwood Cicy Caacll
December 16, 1996
Page 10
2. St,,-"'ishal a'Cl)'onc a Happy Hol iday Season .
(ii) Council Membe r Wi ggi ns wished everyone a Meny ChristmaJ.
(iii) Council Me mber Clapp wished everyon e a Meny Christmas.
(iv) Cowicil Member Waggoner offered holiday grcc lings in Hawaiian.
M Council Member Habenich t offered holiday g,-ccli ngs in German.
IJ CityMauau••~r1
(a) Ci~· Manager Clarlt pn:scnred the bi-weekly Cinder,lla Cily Rcda'Clopmcnt Stltus
Report.
(b) Mr. Clarlt stated lhal there is no Srudy Session scheduled for next Monday mJ hl
14 City AttorDCy's Report
(a) Ci ~• Auomcy Brotzman did not have any maum 10 bring befor, Council and \\ishcd
e\'Cl)'One Happy Holida)S.
15 . A~jou rnmut
COUNCIL IIIEMBER HATHAWAY MOVED TO ADJ OURN . The meetin g adjourned 31 8·22 p.m.
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