HomeMy WebLinkAbout1995-08-21 (Regular) Meeting MinutesI
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ENGLEWOO CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
AUl\'111 21, 1995
I. Call to Order
The regular meeti ng of the En glewood City Council was called lo order by W,ayor Burns at 7:3 5 p.m.
2. In,·oc11ion
The invoca tion was given by Council !i.atcmbcr Wiggi ns.
3. Pledge of Alk~iance
The Pled ge of Allegiance was led by ~b,"r Burns.
4. Roll Call
Present:
Absent :
A qu on1m was present
Council Members Ha1h.1way. Waldman. Wiggins. Habc nic hl.
Vonnitt ag, Wa ggoner . Burns
None
Also present: City Manager Oark
Cit y Allomcy Brotzman
5. Minutes
,usistam to the City M:magcr Grace
Ci1y Cieri< Ellis
Plann ing Administ ra tor Still
Director Gryglc\\iC7 .. Financial Se rvi ces
Division Ch ief Moor !. Safety Services
Direct or Es1crly. Public Works
(a) COUNC IL MEMBER IIATIIAWAY MOVED, AND ITWAS SECt)NDED, TO
APPROVE THE MI NU TES ,0F THE REGULAR MEETING OF AUGUST 7, 1995,
Ayes : Council Members Hathaway, Vormiuag. Wi gg in s. Ha,cn.i chl .
Waggoner. Wa ldm.111. Burns
Nays : No ne
Motion c.1 rried .
6. Schedu led Visilors
TI1 erc wen: no sc heduled \'iSi !ors.
7. Non-schcdulct.l Vi sitors
!Cle rk's 1101c : /di of 1hc non-schedu led \'isi 1ors spoke regarding Agcuda It em 10 (b)(iii)-Council Bi ll
No. 46 I
(a) W. W. McE lr:uh . husb.1 nd of th e 0\\1lc r of the W111 1.-l1 Lounge . 2796 South Broadway,
obj cc lcd to 1hc sec tio n of proposed Co un ci l Bill No. 46 111:11 lists th e thi ngs thal musl be repo rt ed. He
Encte,,ood City Council
Au11111121, 1995
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stated 1hc liSI includes loil cring of an appan:nlly ln10,ica1cd person. Mr . McElraU1 su1ed if somebody is
intoxica ted in the bar they nrc sen t home. He fee ls the use of profanity is hard 10 control. He questioned
the dcfinilion of rowdiness and undue noise :rnd asked al what point dist urbances should be rcJX)rte<I . He
suucd th.i t ir thC)' rcpon every littJ c incident ii will overload the poli ce department .
Council Member Hathaway asked Mr . McE lrath if he had been consul led by Cily Slaff or lhc Liquor
Licensing Authori1 y rcgmding his views on this proposed council bill before it was C\'Cr proposed . Mr.
McE lmth slated they received a letter which indicated this was an ordinilncc they were co nsidering
p.1ssing in the C it)'.
In response to Council Member Vorm iuag. Mr . McElrath Sl3 lcd that since hi s Y.ifc took over 1hc Wut z It
Lounge in December there h.1vc been no brawls insi de lhc bar , He Sbted there have been \'Crbal
disttubanccs that they have mnnagcd 10 diffuse and in one instance 1wo p.1 rt ics got in10 it ou tsi de the bar.
ancr 1hcy \\'ere asked 10 leave, and he coiled the police .
Council Member Vonni11:1g asked ir lie nccdal to be told to ca ll the poli ce . Mr. McElrath stated he did
not need to be lold and will call the po li ce \\he n necessa ry. but not when he focls i i is unnecessary .
(b) Robert Condrc.1y stated his nirc owns th e Englcnook Lounge and he wanlcd to add to
Mr . McElmth 's comments lltat th is proposed ordinance ,,ill only tic up the police unna:cssaril y.
(c) Linda Serio , 0\\1ter er the Casual Lounge, stated she undcrst:mds the intent of the:
proposed council bill is to make the liquor CSl3blishmc nlS assume responsibility for calling 1hc police
when needed . She staled she: believes the: r,olicc arc called in \\i thoul a l:tw requiring it. She: objce1cd to
thi: council bill as it ,,ill require the: licensees 10 report such things as pro fa nity, which can mean if
someone uses the word d.1mn the: police "i ll h.1,-c to be ca lled in . Ms . Serio staled she: docs not want to be
a pest 10 Lhc police department as they lu\'c been won1crfuJ to work \\ith . She stated when they call
regarding a disturb.incc th e police depar1mc nt is there \\ithin three to fi\·e minutes . She noted that her
employees, under this ordinance. would nOl ha,·c the right lo try to curb a disturbance as 1hcy would ha\'e
lo call the police . Ms. Serio reit erated that she underslands the intent of this counci l bill bu t reels thi s :s
going a linle bit overboard .
Council Mcn1bcr Habeni cht as\-cd if Ms . Sc i"i,:, was given the opportunity to provide input on Lh e proposed
ordin.1 11cc. Ms . Serio stat ed she has met "ilh and t.-tlkcd to Dinx:tor AJ Stanley and Chie r Bob Moore .
She ~1..,1cd she had inpu l into the wording or the first draft .
In respo nse to Counci l Member E -.d1awa y, ~·Is. Serio st.lied thal she h.'\S h.1d no co ntact with members or
the Liquor Licensing Authority.
Council Member Vonnittag asked if a;1y or her input is reflected in thi s proposed council bill . Ms . Serio
s1:ucd th:ll p.1ragraph A changed .
Ms. Scrio 's husband. John Serio. sta led th.it he is a retired fi reman and is used 10 going on emergency
calls . Mr . Serio com111cntcd tl uit 1hi s proposed council bill will crc.11c a sittL1tion whereby the police will
be responding to calls that arc unn ecessary. He asked 1hat th e cou nci l bill be more specific as to wh.1t
needs 10 be reponed .
{d) Serafin Garcia slated his ";re owns 1hc Magncl Inn and agreed with comments made by
Mr . McElrn1h. Mr . Condrc.1y. Ms. Serio and Mr. Se rio. He added Lhat he would fee l safer if the police arc
1here 10 answer the call when h~ rea lly docs need them nnd th:11 th e po lice will ha\'e a hard time
answerin g all the calls th.it nill be generated by this law.
(c) Bill Ar.ipki les. owner or Ar.1p 's at 3866 South Broadway. stated he feels th.i t C\\!l)'0n c is
here because they arc co nce rned nbou l their liquor license being suspended or rC\•okcd for a problem that
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E ■pe,rood City Cou11dl
Aupll 21, 1995
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n'1y not be I problem . He feels they all call the police when there Is a problem . He C.'Prcssed ccnccrn
1hn1 some issues in 1hc proposed council bill arc really hard 10 con 1rol . i.e. loud noi.sc.. profanity.
Responding 10 Council Member Habenicht. Mr. Arapkilcs said the 111.1in concern is the profanhy issue
Council Member Waldman noted Mr. Arnpkilcs alsc mentioned undue noise.
Council Member Hatha"~Y asked if Mr. Arapkilcs feels . as the holder of a liquor license, that this is one
or the most rcgula1cd industries around and if he feels this is undue lcgislalion on the pan of the City .
Mr. Arnpkilcs stated he docs not , that there should be regulations on people who SCr\'c or sell alcoho l. He
expressed cona:m thnt 1his proposed law will open ii up to where you can come into a liquor
cS1nblishmcn1 at any time and find a ,,iolation .
Cou ncil Member Hatha"~Y asked if he has any suggestions other than to el iminate the profanity. Mr .
Arnpki lcs cxpnsscd ccnc:cm that the licc1L,cc will be charged \\ilh rcponing, inuncdial c y, any unla\\ful
or d1scrdcrl y con<' Jct. He staled he has problems in his establishment which he has been able to diffuse
by calming people down. Mr. Arnpkilcs stated that !here is a rcascn why they regulale who gets a liqnor
license and i.rthcy e:tnnol understand right rrom wrong then they shoul~ not ha\'C a license .
(0 Tom Chesher. a member and Games Manager or VFW 322, stated they ha\'c a unique
problem in that they rcn1 ou t 10 wedding panics and not all family members ge1 along \\i lh each other.
During 1he reception. he noted . there will he some profonily and rowdiness . He asked for the definition of
undue noise and smell .
Council Member Waldman cl:uificd 1h .. 11 the oroposcd cou ncil bill docs not address smell. th.it it refers to
.. disturbances or activity orrcnsi\'e to the senses of the avcrnge ci1i1..cn ."' He acknowledged ii is prob.ibl y
\'Cl)' diffi c,1lt 10 inu:rprct wh.1 t is offensive to the m·cr.ige ci 1i1.cn. who is lhc 3\'crage citi1.c.n and what is
profnnity.
Council Member Vonni nag asked how ma ny light s they hd,·c at the VFW . Mr . Chesher stnte.d incidents
duri1 wedding receptions have been co ntmllcd by the VFW . wi thoul police assi stance .
{g) Peter Mccrsm ... 111. Exccutit -c Director of the Colorado Restaurant Association. staled he
hoped Council rccc i,·cd hi s lcuer concern ing the propo5'."'d ordinance . He reiterated his opinion that
passing this la\\. whi ch requires repo rtin g of relat ive ly minor offenses \\ith penalties as strict as having
your license m ·okcd. is not good public policy . He nolcd ii is lik e being give n a life sentence for jay
walkin g. Mr. Mccrsman stated that he w1dcrstands the intent is to rcpon disturbances that get out of
hand, but he asked why its necessary to report things unl ess they do get out of hand . He feels that the fact
1h.1 t other cilics ha\'e passed simil:Jr ordina nces docs not make this ordinance any more jl31a1able . llju.st
means. he commented. th.1t other cities ha\'c very onerous punishment s for relatively minor code
vio lations ;ind just because they do 1101 enforce 1hcir law docs not make it a good law . He encouraged
Co unci l to pass some1hin g that busi ness om1ers c m com ply wi th and thal is enforceable . Mr . Mccrsman
suucd he spoke \\ith Directo r Sinnlcy and City Auorncy Brotzman following the pass.,gc of this ordinance
on fi rsl rca.dfog and they agreed that 1he inlent of this ordinance is 10 rcpon trouble 10 the pol ice. He
stated his question is if reponing li ght s or disturbances is what yo u want why not wri1c lhe ordinance that
way and lc•wc the ot her things for 1he business 0\\11ers 10 handle themselves.
(hJ Kelly Maloney, representing th e Black Eyed Pea Rcstaurnnl al Broad\\~)' and Belleview,
slated she feels ii is critical 10 address the issue that this ordinance is going tn impact business owners
other limn the tavern nnd ba r owners. Sht stated lhcy ha\'c thincen restaurant locations in Colorado with
:weragc liquor s:1lcs of lhrcc 10 four pcrccm per unit . Ms. Maloney advised th.11 this is not a money make r
for 1hcm but is pro,ided as a convenience to 1he consumers and guests. She noted I.hat the Black Eyed Pea
Resta uran ts ha\'c nC\'C r had 10 contact the police for 31\)' lypc of drunken incident. She stated that the
propos:d ordinance goes beyond whal is nccessmy to do business in a responsible mannc>. She explained
that the liquor code is \'Cf)1 specific regnrding wh.11 is imponant. responsi ble and rcquir-:d (.1 1enns <'fa
Ea1kwood City Council
August 21, 199~
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businc..J o\\1tcr. Ms. Maloo,cy notal 11,cy a,uld, p,~cnlinlly, have lhcir liqoor license pulled ror a si 1ua1ion
such as sweari ng. She asked for a definition of offensive.
(i) Jim Bok , 0"11Cr or the Full House Bar al 4272 South Broadway , s1a1cd the main po inl is
thnl liquor licensees must control their businesses and not shove problems out lhc door. He noted there
arc some 0\\llcrs that do not conuol their premises , however 1hrough the S)'Slcm they am be dealt "'i th .
i.e. 1hrough the renewal process. He reels thal 10 hurt the majorioy or lhc o"11Crs, 11131 comply already, is
1101 fa ir.
(j) Bill Clai101~ 95 8 Easl Cornell , swcd he has been in the n:sta uranl business
approxinl.!tcly 2S years, as a manager and o"'ncr of restaurants and ban and worked in a variety or food
scnicc areas . He reminded Council 1ha1 lhi s is the hospilalily indusuy. Ptople co me 10 rcstauranLS or
bars because they arc happy ,-.:lcbrating, sad. lhcir dog died, their wife lcll them and for a hundttd
di!fercnl reasons. He advised 1ha1 a good l<Slauralcur 01· bar opcralor assiru them b; providing hospillllioy
and on occasion lhcy get upset Mr. Cla)1on noted th.11 the worst light he C\'cr saw was when the
Cowboys bc:Jt the Broncos and it was in a coffee shop and they were thro\,ing 1ablcs at each other.
N:uum ll y, he ad,iscd. they ca lled lhc police and most bar o,,1x:rs will call lhc police when a situalion gets
out or hand . But 1hcy should 1w be the !'-)l;ccrt 1:.i n or soc iety . He questioned 1hc definition of ro,\dincss
and what is consi dered offc1iSi re The proposed ordinance. he stated, is ambiguous and if he were a bar
owner he would report C\'Cl)1!1ing rather th:111 risk losi ng a liquor license.
Mayor Burns nolcd lhal lh is n'11lcr "i ll be addressed by Council under the C, ,, ;c n1 Agenda (IO (b) (iii )
and can be pulled for special consi dcraoion by Council.
8. Commuak1tK>111, Proclamations and Ap point ments
(a) COUNCIL MEMBER IIATIIAWA V MOVED, AND IT WAS SECONDE D, TO
ACCEPT WITH REGRET CARL WELKER'S LEITER OF RESIGNATION FROM THE
BOARD OF ADJUSTMENT AND APPEALS.
Ayes : Council Members Haohaw:oy, Vormillllg, Wiggins, Habenichl.
Waggoner . Waldman. Bums
Nays : None
Mot ion carried.
9. Public Hearing
COUNCIL MEMBER HA TIIAWA V MOVED , AND IT WAS SECONDED, TO OPEN TIIE
PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON AMENDMENTS TO THE
ENGLEWOOD MUNICIPAL CODE RELATIVE TO HOME OCCUPATIONS .
Ayes : Co uncil Members Hathaway. Vomiittag. Wi ggins. Habcnkht.
Waggoner. Waldman. Bums
Nays: No ne
Motion carried and the publi c hea ring oix:nc:d .
All !cstimony was gh'C n under oath .
Planning Administrnlor Still stated this public hearing ii. abo ut proposed amendment s 10 the home
occupation n:gulations in the Zoning Ordinance. I• ,~~ed obis h,,s a long hiSlory going b:o ck 10 1993 al
which time the Planning and Zoning Commission considered a series or amendments . The in1cn1 of the
Planning Commission was lo modern ize the home occupation rcgula1ions in the 1.0nc diS1rie1s In which
1hey were at that time Jk'rm illcd nnd 10 provide for home occupations in the R-1 -A. R-1-A. he Advised . is
the only 1,onc district where home occupations arc not pcrmitlcd . As a result of testimony durin g
Cou ncil's public hearing. t!ic issue was rem,,ndcd back to the Plannin g Commission fo r rurthcr
considemtion . He advised th.ii the Planning Co mmiss ion held another se ries of publi c hc.uings on thi s
issue nud hn s prcsc utcd n recommendation 10 Council 1onight thal th e amendment s be adopted as
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E■&lewood City Co-•ncll
Aupltll, 1995
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proposed . Mr. Stitt explained the proposed amcndmcnlS arc lhal in the R•l•B, R-1-C , R-2, R-2-C. R•l
and R-4 l.one Di>triCIS home occupations be expanded lo include I couple or dilTcrenl uses that ~ not
now pcrmlued. lo addition. il is proposed lhat day an: homes be pcrmilled based on Slate Licensing
rcgula1ions as opposed 10 lhc Cily imposing a number or childn:n lhal may be served. These
nxommcndn1ions "~re originally proposed for lhe R•l·A l.onc District as well . bul because oflhc public
out r:,y, the Planning Commission considered SC\-cral other options. The option that the Com mi ssion
sclo.~cd is 10 allow home occupation.sin the R•l•A that arc prorcssional offices only . He explained that a
profossional office. in terms of home occupations. is one in which there is no fncc-to-facc contact with the
public In all other wnys they woo ld have lo comply "itb the standa rd home occupation regulations which
arc . they cann01 employ a•yone , cannot utilizl: more than JOO sq~ feet oflhc area of the home and
canool increase traffic or parking in the neighborhood .
lo n:sponsc 10 Moyor Bums, Mr . Stitt noted that foster-family can: and day can: arc di.lfcrcnl is.<ucs .
Council Member Hathaway noted that each section states that all home ocrupmions shal l be registered
"ith the Department of Communi ty Dc\'clopmcnt upon completion of an inspection of the premises by the
Dcpartme11t and the Fire Division . She asked how many people lta\'C asked for the inspection or
registered their home occ11p.11ion wi 1h Ci ty and is it realistic lo cxpccl them to do so . Planning
Administrator Slilt stated thnl i i is 3 realistic C.'q)CCtation and generall y the City finds out about home
occupations when indi\'iduals apply for a sales t.3...'\: license. Ii a business docs not require a sales ta.'< li cense
he advised it is possible tlml 1hcy arc operati ng \\i thout that inspection .
Council Member Hllhaway asked Mr. Still. based on his experience. how many businesses that arc
referred to as profess iona l offices in the home arc registered "ith the City . as most do not rtquirc a sales
ia., license . Mr. S1i11 staled Uc11 if lhcy do not call 111c Cily and inquire aboul whelhcr a ootain occupation
is pcnnillcd in a home we have no way of kmmi ng. He !Mh'iscd tliat it is the type of use that. unless the
City nxcivcs a co mp lai nt from 1hc neighbors. is rclath'Cly :n,'isiblc 10 the neighborhood.
Cvuncil Member Waldman slated tha t one of the concerns e. rcsscd in letters to Council is thal people
arc ..,~,:-xtinl? to businesses lhat might have trucks or vehicl es used by mowing services . He said that he
did no, sec 01is addressed and asked if an amcndmcn 1 is nccdcd . Mr. Still nolcd thal. for instance. a
mowing scrvio..: would generally hm-c more than one employee and that would be the trigger lhat thal is
nc,c a pc rmillcd use. He sla ted stntT docs not run in10 this situation very oncn unless there is a comp laint.
Council Member Waldman noted lh,1t yru do nol ha\'C to ha\'e yow emp loyees coming to your home to
run a mowing service. bul you miglu want 10 p.llk your \'Chicles along "ith you r equipment at you r home .
He feels this is one the issues th.:11 rc.sidcnts ha\'c c.,1ucs.~ conccm about. Mr. SL.in advised that there arc
prm'isions in the code thal Ii mil the sii.c or \'chides th.it ca n be parked on your propcn y. If there arc large
\'Chicles associa 1cd with a home occup.1tion they would be prohibited from being parked on the street , in
rc.sirlc11 1i11 l nrcas . Mr . S1i 11 fonhcr cxpl nim.-d thnt this issu e is noc specifica lly addressed in the home
occupation regu lations .
Council Member Vormit1 :1g s1:11cd th:11 a rcsid cnl may h.1,·c a trail er or truck on th e s1rcc 1 and wo rk for
someone else and not ha\'C a home occupa tion. Planning Administrnlor St ill ad,•iscd that this is an issue
in terms or what type of ,·chicles arc pen nilled to be p.1rkcd or stored on pro pc r1 y or on public streets . It
might be con nected \\ilh a h\lmc occur,,nion. but he stated he feels th:u 75% of the home OCC\Jp.11ions
registered in Englewood , irthey lt:l\'e vehicles associated with them. arc nc.thing 1hat you would not find
in someone 's gara ge anywn)'.
Council Member Hathm,~,y suncd th at 1hc kl1 ~ from the Angle Tree Comp.,ny addressed the fact that
home occupalion ~pie do not hn ve 10 p.1y for n business phone. a business propcny address. they arc not
p,1yin 1; propcny \a:. at a co111111 crcia l building rnlc ve rsus a residential rnle. She ne,,cd these issues arc not
Jddrcssc.d in thi s ordin:mcc . Mr Still advised 1h.1 t he did 1101 fee l the int c111 of the ordinance was ever 10
address those types of issues . H:: ar.knowlcdgcd th..11 it is a valid point . thnt some establi shed businesses
may objccl 10 home occupati ons ;.v;1l1;1r,s in creasi ng lhcir compc1i1ion b111 111os1 bu sinesses stan out small .
E ■&lewood Cily C•11tll
Aupl1 21, 1995 P,,..,
Cou ncil Member Hathaway noted she got the impression Iller reading the letter from Angle Tree
Co mpany t~ll lhcy arc against the government endorsement of unfai r competition because somebody is
clllSSCd as a home occupation VCl'RIS a business. Mr. Still advised that that is a mailer for tax and real
csta1c law more than it is a zoni ng ordinance issue .
Plann ing AdminiSlmtor St ill submilled Proof of Noti ce of Publ ic Hearing as published in the Englewood
Hcm ld on July 27 . 1995 .
Joan Smallwood . 4737 South Fox. stated she is in R-1-A Zone District and last Nove mber. prior to
movi ng 10 th is address. she ca lled Cil y Hal l to sec if she could operate a daycare business from her home,
Ms. Smallwood :Kh iscd she Y.'3S infonncd thal she could conduct a daycare business from her home and
eigh t weeks ago she mo\'cd in. Ten days ago she was SCl\'Cd notice that she must cease business within
1hc nc.,ct 30 d.1 )'S. She noted th.1 1 C\'cn though she may just be a victim of misinformntion. she did not
realize 1hls ns she is awa re there arc at least three homes ope ra ting d.1yr.arc busi ncs.scs in the area. some
for os many as eight years . Ms. Smallwood asked. as daycare provi des a ,-cry valu.,blc scnricc to the
co mmunity, that u be looked at as an exception lo the no m\3.1 home occupa tion . She no&cd that in today's
society we h.1vc t:x:a>mc very cntn:prcncurial . people arc worki ng and sumc comp.,nics arc encouraging
people to 11ork out of their ho r.ics. She c:>1)n:sscd her opinion thal . if daycare is noccssary. home dayca n:
is 1bc best si1u.11ion for children as htg.tu1ionali1j ng children in large faciliti es is proving over and O\'Cr
. ngai n to not be the best option for young Childre n and babies. She added that rcstricti\'C ordinances tllat
· prohibit d.iycarc from operating within certain arc.as ca n and Y.ill break down the family un it . She stated
it will force young families to be out of the home and lo be l \\n)' from lhcir children . Ms. Smallwood
poin1cd ou1 th.it daycirc homes provi de an O\'Cm•hclming number or benefits for children a.; a community
sc n icc. She sub ruined a brochure to Counci l which li sts some of 1hc benefits that daycare homes provi de
10 th e communi ty. Ms. Smallwood rnai ntaincd tls1t the City. in the paSl . has fai led lo successfully enforce
1oning or this type and without a procedure ol enforcement the regul ations arc worthless . She added that
rni lu rc 10 enforce rul es over :.t lo ng period of time sets precedence lhnt such rul es really do not even exist .
She stated she dro\-c throu gh her ne ighborhood this week and contacted SC\-cn di!fen:nt n:altors with
homes for sale in the neighborhood . She not ed that they \\-C n: not aware of the ,.oning restrictions or
info m1in g b<J)-c rs 01:11 the zon in g e\'en existed. which puts people at jeopardy. She pointed oul that
neighboring communities. such as Littleton. ha\'C made concessions for child care granting cond itio nal
uses. She submined a copy of the City of Lilllcl on 's Zonin g Ordinance n:lative to Couditional Uses/Child
Care Ce nters 10 Council. Ms . Smallwood stutcd that curn:ntl y the only method of mooitoring 1.oning
\'ioL,tions in the R-1-A Zone District is to pit neighbor agai nst nrighbor and to cna>Uragc tauting to the
Ci t . If the Ci 1y cannot pro,odc a bett er monitor tha n 1ha1 she feel s they should seriousl y consider
whether the 1.oning can be efTccti\-c. She n01 cd 1ha1 i i has been suggested 1ha1 traffic is an issue with
cbyc:irc . She JX,lin lcd out thal the average daycirc has no more than six to eight children . She asked
whc~ docs a tr.iffic si tu.1tion occur. is it lwo cars. four ca.~. cl c. As she li\'CS whh in four blocks of an
clc muunry sc hool she sta led four ca rs would not impede the lraffic to lhc school. She poinlcd out th.i t
because th ey arc licensed by th e St:i lc lht-y arc prohibited lo grow as they arc told how many childre n 1hcy
c:m have .
Mayor Burns ~t,1mc1t1cd thJ I Ms. Sm.1 lh\'l'IOO 1cn a mes.sage and when he ca lled b.1ck he mi ssed her. He
apolo gi1.cd .
In response 10 Mayo r Bums. Ms. Smallwood confi rmed there arc a number of daycare homes in her
neig hborhood . whi ch is an R-1-A Zo ne Distri ct
Respo ndin g to Council Member Vornutt.ig. Ms. Sma ll wood ~dvi~ that she is licensed 10 ca re for six
children with 1wo p.1 n4 Li mc chil dren before and aner sc hoo l. She staled she lrics 10 run at full capaci 1y.
but she curre ntl y cues for sc-.-cn children .
Council Member Hathaway asked if Ms . Smallwood would h.1vc., prob lem ,,ith co mpl yi ng wi 1h anyt hing
that Li 1tlc 1011 current ly has co nfi gured in 1hcir co nditional use requirements for daycare . Ms. Smallwood
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Aupst 11, 1995
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SIDied s.se would not. HoWC\'Cf, if claycan: is not allowed In her neighborhood she ..;11 have to sell her
home ns this is her only sou..rcc or income . She confirmed that she has a Stale License and has to co.nply
wi1h the majority ofLiulc1on 's restrictio ns nnyw.,y as daycare is stringently regulated . She Stoic
regulations govern such lhiogs as noise. fenced yards , safe drop off places and parking generally iJ not an
issue as parents genera ll y only p.,rk long enough to drop a child off or pick them ur.
Council Member Vormiuag asked how much ii has cost her 10 bring her home into compliance with Stale
regulntions . Ms. Small"ood a,Mscd that the hom e she purchased is a brand new honic ..;th no yard ,
Consequent ly, she staled she h.1s in\'cstcd money in her area ns she put in a fence. grass. and sand areas .
Council Member Wiggins asked ir she has actually put 1hc fence in or is she in the process . Ms .
Smallwood stated she is in the process of putting the fence in , she has a temporary fence at this time .
Vera Montez. 2925 Sou1h Elati , stated she has been a licensed child can: pro,;dcr in Engl°"ood for
SC\'Cnlccn years. She agreed \\ilh Mr . Still th.11 the zoning rules need to be modernized and asked why not
the child can: home fncilitics also. She stated when Littlcton was In the process of updating 1heir
ordinaoccs she told them that this is a communily service which is licensed and n:gulated by the State .
She stated she feels Engk"ood h.'15 approxi mately fort y licensed daycare providcr1 . She stated she is ,-cry
ncti\"c in the daycirc 3.:i.SOciation and twenty Englewood dnycarc cen ters arc also \"Cl)' active. complying
wilh education requirements and working as volunteers in the communily. She pointed out children arc
our ruturc. She expressed concern that in some places they can care for onl y si :ii children. bul she asked
what happens to the before and nner school kids . She stoled they rJC people and have the same needs for
s.,fcty and need someplace to go . Ms. Mon1ez asked Council to n:considcr modcm izing and standardizing
the whol e zoning 10 include family child can: homes in all of Engl°"ood. She stnted they do p.,y taxes
and they do nn C..'-ccllcn t job for the communi1y . Ms . Mo111c1. offered to provided funhcr stalisth.:s if
Council so des ires .
Council Member Habenicht asked if most daycare homes provide daycare within the immediate
neigh borhood . Ms. Montez stated mosc oftbc time 1hey care for chi ldren in the immediate area.
However, if someone lives in another co1flmu11ity. but works in Englewood. they may look for daycare
here in order to be closer 10 their chi ldren .
Co unci l Member Hath.1way commented that they also tend lo mniruain a clien1ele or people who m0'\'C out
of Englewood but tend to bnng 01cir kids back , as home b.1sc daycare centers h,,vc a reputation for being
be li er th.in the 111Stilutiuns. t\ls . Montez stnlcd tha l th.1 1 is righ1 . lh,1 1 not all children need 10 be in ccmcrs.
nor do all children need to be in homes . She pointed oul there is a need for both .
Larry Floyd, 2739 South Washing1on Street, stnlcd helms lived in EnglC\•ood for 1hirty years and raised
three chi ldren in Englewood. He nolcd he is here this evening as he s.,w a little article stuck in the middle
or the newspaper giving notice of this mocting and he sta led this is the onl y notice he rccch'Cd oflhis
mcc1ing. Mr . Floyd commcnlcd 1h.1t approximately cighl months ago. when thi s issue was first
considered, he circulated petitions in three blocks of his neighborhood , He poin1ed out tha1 C\~ry single
person in those blocks signed the pclitions which co ntained no less than 200 names . He staled that if the
an.icle in till· p.1pcr 1ad been big enough, for tJ1osc people lo nwarc of it. 1here would ha,·e been about 400
people sitling m L'!r ·IJdiencc 1onight. He staled their position is 1h.11 if it is 1101 broke don't fix it. that the
R-1-A housing si :J.1 1ion IL1s been fine for hi s family and c-.·eryone in his neighborhood for thiny years.
He sta led th:it he went to C\'CI")' house in hi s neighborhood an d they all fee l the s.1 m c way . He nolcd he
docs not really ha,-c an in tercsi in 1hc other 1.one districl s, bul that he mo, cd 10 Englewood to raise his
famil y bcc:lusc of the R-1-A dcsig1c11ion. Mr. Floyd staled in the th iny yrnr1 helms lived in this
neighborhood they have h,.1d a piano teacher , n hairdresser 1111d other busi nesses operating out of their
homes and ne\'cr was a problem . But the poinl is . he stressed. th.ii if ii h:1d become a problem they would
have had some , -:iy 10 deal ,,i th ii. He st.itcd he has no problem \\ill , pt'Op le tryi ng to make a living. but
the lady I hat just bought 1..hc house shou ld hnve been a\\-:i re or the 1.on ing rcstri c1io11s as th.ii infom1.1tion is
available. He asked tha t Counci l lea\'e the zoning lh e w:iy ii is .
EasJewood City Couac:11
Auplt 21, 1995
Pa&< I
Council Member Halhawoy asked if he was .,...,. of that the piano teacher and hairdresser were basically
operating illegal businesses. Mr. Floyd stated be was.
In response to Council Member Waldman, Mr. FlO)·d stated he wants R•l•A left eXllcOy as ii is, the way it
has been for thin y years and Oic way people want ii .
Council Member Waldman asked ifhc thought everyone in Ms. Smallwood's area actually knew that R-1-
A restricted honic occupations. Mr . Floyd staled that they should if they checked on ii as the information
is available .
Mayor Bums stated thal when Mr. Floyd boogh t his home thiny years ago there was no such thing as a
honic computer . Now all kinds of people bring"""' home and they basically arc proceeding illegally.
Mr . Floyd Slated they might be. but if it n<:>1:r bocomcs a prob lem it is not going to be an issue and we do
not need to fix it. Mayor Bums asked him to define what a problem would be to him . Mr. Floyd stated if
the thing blew up and started a fire it \\<>Uld be a problem. but if someone uses a computer who ,.;11
com pl ain. Mr. Floyd stated a d.1ycarc ccnlcr is ano1hcr mailer as lluu docs crcalc a problem v.ilh vehicles
in the street . it is visible and you can hear the kids. lr that becomes a problem then it can be fL'tr.d. he
noted. because ii is not legal .
Council Member Vonnittag stated that it is the residents calling the City that want to be legal . they want
10 operate honestly. Mr. Floyd commented that if O,c hairdresser previously operating out of his
neighbo rhood had become a problem he would ha\-C had n recourse . but if this passes there \\ill nothing
tl !nl can be done about iL Council Member Vonnittag noted this is a catc h-22 siluation, ii is like it is okay
to do ii but we do not want lo know about it. Mr. FlO)-d agreed, but pointed out that if Council really want
10 knov · wli;i,t I.he people want they should put ii 10 a \'Ole .
Council Member Habenicht assu red Mr. Floyd that Council docs reca ll the prc\ious input and she recalled
that someone wns designated from tha1 group to be advised or thi s meeting. As she did not \\-ant a
mispc:rccptio n, she ad-.,iscd Oiat notice of th is hearing""" published in the Englewood Citi1.en and the
Englewood Herald and that every clfon was made 10 inform residents . Mr. Floyd stated that the resident
designated as a conL1ct person has sold his propeny and moved out of State. Mr. FlO)-d reiterated his
commen ts and added that c,~ri· person that addressed Council tonight has a personal ax to grind . they arc
not speaking for somebody else. tlicy arc speaking for themselves. He stated that everyone that signed the
petitions juS1 want 10 be left alone in R-1-A. as it is probably the most prestigious as far as propcity valu. ~-
Council Member Hathaway asked if Mr. FlO)·d has seen the proposed changes that refers to home offices
versus home occup.1tions. He staled he has not 1ha1 he became aware ofit throu gh Mr. Stilt's comments
this evening. Ms. Hathaway ach•iscd th.at I his proposal change came about because of residents
commenting that they do not want a home occupation in their ncighbort:IXJd. but they do not mind
businesses that do DOI present a problem . She stated staff was ask ed to redirect this to where there is some
definition and delineation between. for insta~ a person who brings a tow truck home versus somebody
I
silti ng at his computer sending messages back and fo nh to his offices. Mr. FlO)·d stated he understands I
that. but asked if it is reall y no:cssary to change the ordin.1ncc to do that. Council Member Hatha way
stated th.i t stafrs original i111c11 1 at lookin g at thcsc changes was to rencct the reality that exists in this
co mmunity. Sh e ack now ledged that Mr . Floyd may nol feel Ihm •his i~ a ncccssil y. However. she noted
th.11 at some point in time we have lo dc.11 with lhe rcali1y that 1lungs e,,en in the R-l-A zone have
changed some . Ms . Hath.iwny added 1ha1 she docs not know whether the ch.1ngcs arc significant enough
10 warranl pulling lhis in ordinaucc form and asked Mr. Floyd for his thoughts. She asked ifwc rcncct
the reali ty of the lady who has cul liai r in her home. They c.,ist illegally in R-1-A right now and probab ly
will co ntinue to do so . She asked Mr. Floyd if he "~re sining on Council how he would adequately
address th is issue. Mr. Floyd stntcd he would lca,·e it c.,nctly as it is . She asked if he would change it 10
address th e issue of home offices . Mr. Floyd staled no. he,;. would no! change ii at all .
Chris Ho;1gl nnd . 30• I South Fmnklil•. stated he rather liked the City Planners position on this as it sounds
like it is prclly wcll 1houg h1 oul. He nol cd th.1t the reall y pivotal issue here is to retain th e residential
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Eo&kwood City CIMIDtll
Aucust 11, 1995
P11<9
ch.,mctcr or the residential neighborhoods. He staled he reel, II Is really inapprupriale for people 10
operate businesses in lhosc neighborhoods ir ii is obvioos Iha! they an: doing ii. He reels people who work
on the phones and com puters can be completely invisible as they do not ha\'c customers coming 10 the
house. employees or vehicles dropp ing olTlhings. He staled ii is a very louchy issue as ii would be very
u1uonuna1 e ir lhe residential nnlurc orlhc neighborhood changes by doing something lhal is obvi ously
business re lated . He ack nowledged we really ha\'c a differe nt economy th.in tJ1irty years ago. He noted
the ranks of middle management , that probabl y most of the people in lh is comm unity as pired to . arc bein g
dcc imaied. He poinled oul lhal nboul lhc only lhing you can do is start your own business or lake a very
insecure .iob and ii is a \"cry di!Tercnl world ri ght now for emploi·ccs. Mr. Hoagland staled lhal he reels
ll c11 tr somebody can operate a business and do ii in such a fushion 1ha1 docs not change lhc ncsidcntial
nmurc or lhe neighborhood 1hcn Iha! should be pcrmilled .
Leners from Angle Tree Co mpany and Ri chard Diucmorc were c111crcd in to the h.'COrd .
Council Member Hat h.1\\TIY clarified that Council \\i ll not be ,·oting on lhi s issue ~-his evening. it will be
\'Oll'd on il l a future Counci l meeti ng. She st.1 tcd 1h.11 based on comme nt rccc i\'cd thi s eve ning she wouJ d
hope Ou t we do a little bit bcucr public nctili<.;Uion of 1.b;i t pilrtk ul nr vote and meeti ng.
COUNCIL MEMBER WIGGINS MO VE D, ND IT WAS S£CONDED, TO CLOSE THE PUBLIC
HEARlNG TO RECEIVE CITIZEN INPUT ON AMENDM ENTS TO THE ENGL EWOOD
MUNICIPAL CODE RELATIVE TO HOME OCCUPATmNS.
Ayes : Council Members H:tthaw;y. 'iof\.tilia~ Wiggins. Habe ni cht.
Waggmu~:-. W3 ldm..1n . Bu m,;
Nays: No ne
Mot ion ca rried nnd the public hearing cl osed .
10. Consent Ai!<•d•
COUNCIL MEMB ER HATHAWAY MOVED , AND IT WAS SE CON DE D, TO APPROVE
CO NSEN T AGEN DA ITEMS 10 (») (i) THRO UG H (\") ON FlllST READING .
(3) Approve on First kcading
(i) COU NC IL BILL NO . 49, l~ITROD UCED BY COUNC IL MEMBER
HATHAWAY
A BILL FOR AN ORDI NANCE AlITH ORlZ ING AN EXTENSION OF TIME FOR THE 1994
ARAPAHOE COUNTY COMMUN ITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN
THE ARAPAHO E BOARD OF COUNTY COMMISSIONERS AN D THE CITY OF ENGLEWOOD TO
ALLOW FOR THE COMPLETE EXPEN DIT URE OF FUNDS .
(ii) RESOLUTION NO . 57 . SERIES OF 1995
A RESOLUTION BY THE CITY OF ENGLEWOOD AlITHORlZING THE DEPARTMENT OF
COMMUN ITY DEV ~LOPMENTTO FILE AN APPLICATION WITH ARAPAHO E COUNTY FOR A
19% COMMUN ITY DEVELOPMENT BLOCK G:lANT TO FUN D THE HOUSING
Rl".HABILITA TIO: 1 l'ROGRAM AND ASS IST WITH THE FUNDING FOR THE FAM IL Y SELF
SU FFI CIENC Y PROGRAM .
(iii) COUNC IL BILL NO . 52 . INTRO DU CED BY COUNCIL MEMBER
HATHAWAY
A BILL FOR AN ORD INA NCE APPROV ING A LEASE BETWEEN CRA IG HOSPITAL AN D THE
CITY OF ENGLEWOOD . COLORADO TO OBTAIN AIRSPACE OVER A PUBLIC STREET. SOlITH
f.oste,,,ood City Couodl
Augull 21, 1995
Pav. 10
CLARKSO N STREET, BETWF.EN EAST GIRARD A VENUE AND EAST HAMPDEN AVENUE, FOR
1lll:. CONSTRUCTION, MAINTENANCE AND OPP.RATION OF A TWO LEVEL PEDESTRIAN
OVERPASS .
(iv) COUNCIL BILL NO. 56, INTRODUCED BY COUNCIL MEMBER
l!All!AWAY
A BILL FOR AN ORDINANCE AUTHOPJZING AN IITTERGOVERNMENTAL SETTLEMENT
AGREEMENT THE CITY OF ENGLEWOOD , COLORADO, CITY AND COUNTY OF DENVER.
COLORADO AND CYPRUS CLIMAX METALS COMPANY PERTAINING TO WATER RIGIITS .
M COUNCIL BILL NO. ll, INTRODUCED !lY COUNCIL MEMBER
HAll!AWAY
A BILL FOR AN ORDINANCE AUll!ORI ZING AN INTER GOVERNMENT AL AGRE EMENT
ENTITLED CITY DITCH/HIGH LINE CANAL AGREEMENT BETWEEN IBE CITY OF
ENGLEWOOD. COLOR.ADO. AND THE CITY AND COUNTY OF DENVER. COLOR.ADO
Volt results:
Ayes : Council Members Hnlha"~Y. Vonnittag, Wiggins. Habenicht.
Waggoner. Waldman. Bums
Nays : None
~1 01ion carried.
COUNCIL MEMBER HATHAWAY Rf.MOVED AGENDA ITEM 10 {h) (Iii) FROM THE
CONSENT AGENDA.
COUNCIL MEMBER HATIIAWA Y MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (b) (i) AND (ii) ON SECOND READING.
(b) Approve on Second Reading
(i) ORD INAN CE NO . 43 , SERIES OF I 99l (COUNCIL BILL NO . 38),
INTRODUCED BY COUNCIL MEMBER HA ll!AWA Y
AN ORDINANCE SUBMITTING TO A VOTE OF ll!E REGISTERED ELECTORS OF THE CITY OF
ENGLEWOOD AT ll!E NEXT SCHEDULE D GENER.AL MUNICIPAL ELECTION PROPOSED
AMENDMENTS TO THE CHARTER OF ll!E Cl'N OF ENGLEWOOD. C<lLOP ADO REGARDING
THE ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT
DEFINmONS, eARGAINING RIGITTS, SUBJECTS FOR COLLECTIVE BARGAINING . IMPASSE
RE SOLlJT IO N, ll!E CAREER SERVICE SYSTEM , CAREER SERVICE BOARD , DITTIES AND
POWERS OF THE CAREER SERVICE BOARD AND EFFECTIVE DATE-VESTED RIGI-ITS UNDER
THE CAREER SERVICE SYSTEM TO PR0VIDE FOR A BINDING ARBITRAT ION PROC ESS .
(ii) ORDINANCE NO. 44 , SERIES OF 1995 (COUNC IL BILL NO . 43).
INTRODUCED BY COUNCIL MEMBER WIGGINS
AN ORDINANCE AMENDING TITLE I. CHAPTER 4, SECT ION I. BY ADD ING A NEW
SUBSECTION C. ENTITLED TRIAL BY JURY FOR JU VEN ILES.
Vote n,sulu:
Ayes : Cou ucil Membe rs H:nhaway, Vormittag. Wi ggins. Habc nich1,
Wa ggo ner. Waldm.111 . Bums
Nays : None
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Eo&kwood City Ccnacl!
Aupll 11, 1995
Par;t II
Motion carried.
10 (b ) (iii) Counci l Member Hatba\\ay stmcd she will rrtflvr.10 table this as there has been
a lot or comment on thi s panict.'lar amendment and she is ri;:c:ing t1 1.:n?;· bit mor: una>mfortablc with the
issue.
!Clerl<'s Note : Council Bill No.% anK 1>ds the EnglC\\ood Muuicipe' Code by adding a section,
DI SO RDERLY BEHAVIOR: REPOkT BY LICENSEE pcrt.1i 11111g lo the Liquor Licensing Authority .I
COUNCIL MEMBER HATHAWAY MOVED, AND IT W llS SECONDED, TO TABLE AGENDA
ITEM 10 (b) (ill) -COUNCIL BILL NO. 46.
Ayes : Council Mcmbcrt ltithawa,. Wiggi .'IS. ,.;·ab<nichl. Waggoner.
Waldman , Bums
Nays : Council Member Vomlitu1g
Motion carri ed.
11 . Ordinances, Reso lutions and Motions
(a) Approve on First Read ing
(i) Director G~•glcwicz presen ted a recommendation from the Dc:pa.rtrncnt of
Financial Services to adopt n bill for an ordinance amending sections of the Englewood Municipal Code
rclnt ing to the investment of municipal funds . He achiscd the l"CllSOII for these changes is to reconcile the
use of the lnvcstmcnt Policy \\ith the cum:nl code. Thi:: code has not bcxn upd.1tcd to reflect tJi: adoption
oflhe ln\'cstme nl Policy which has been in effect since 1990 and it has been cha nged t\liicc, in 199 1 and
1993 . He noted that Council micwed the lm-cstrncnl Policy in Siudy Session on August 14 . 1995.
The Ci 1y Cle rk was asked 10 read Council Bill No. 48 by title :
COUNC IL BILL NO. 48 . IITTRODUC ED BY COUNCIL MEMBER HAB ENICHT
A BILL r-OR AN ORDINANC E AMENDING TtnE 4. CHAPTER I SECTIONS I AND 2. OF THE
ENGLEWOO D MUNICIPAL CODE 1985 REQUIRING COUNC IL TO REVIEW AND ADOPT AN
INVESTMENT POLICY BY RESOLlITION ANN UALLY .
COUNCIL MEMBER HABENICHT MCIVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (i) -COUNCIL BII.L NO. 48 ,
Ayes : Counci! Members Hathaway , Vom1ittag, Wi ggins. Habe nic ht.
Wa ggei ner . W:i.ldman . Burn s
Na}S . None
Moti on carried .
(i1 ) Direc tor GryglC\\icZ prese nted a reco mm endation from the Department of
Finnncial Services to app ro\'c a three p:rccnt inc wtSC in benefits to the Non-Emergency Employee
Pension Fw1d as of January I. 19% for retirees and bcncJici:1rics whose p.1yments commence prior to July
I. 199 5, He ad,i scd th.1 t 011 April 18. 1995 1he Non-Emergency Pensio n Bo.1rd requested a benefit
increase adj ustmenl study be pc rfonncd by the nctu.iry for lhc City . Mercer and Co mpany . After the
review on July 19, 1995 the Bo.1 rd \'otcd 10 recommend 10 Coun cil a 3% increase in be nefits for retirees
and ben efici aries as of Jnnu:11)' I. 19%. Only those retirees and beneficiaries whose payments began pri or
10 Jul y I. 1995 nill rece ive thi s increase . He staled that currently the ir benefi ts range fr om $41 .53 per
month 10 $2027.40 ,er month . Thi s increase: would increase benefits from Sl.25 10 $60.82 per month.
which 11111 cost th<: Ci1 y $13 ,744 .80 per yea r. Dirtttor G')·glC\,1cz no1ed that nccmed liability for this
fund is .1 lmost $200 ,000 , but assets current ly .i re :,lmost $13 million . Co nscquenll y. thi s "i ll not affec t
Eallewood City Counc:11
"""'" 21, 1995 Pace 12
1hc vin bil ity or1h is pension and it "'ill not increase the proposed 6o/• of payroll bud geted for the Ci 1y·s
co ntributio n for the 1996 Budget
n,e Ci ly Clerk \\~S asked IO read Council Bi ll No , 5~ by lill e:
COUNC IL BILL NO. 54. INTRODU CE D BY CO UNCIL MEMB ER VORMITIAG
A BILL FOR AN ORDINANCE AMEN DING TITLE 3. CHAPTER 6, SECT ION 7, SUBSECTION 7,
OF THE ENGLEWOOD MUNICIPAL CODE 1985, INCREASIN THE BENEFITS FOR RETIRED
MEMBERS AND BENEFICIA PJES OF THE ENGLEWOOD NON-EMERGENCY EMPLOYEES
RETIREMENT PLAN BY 3'1.
COUNCIL MEMBER VORMITTAG MOVED,AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (1) (Ii)· COUNCIL BILL NO. 5'.
Moti on carried .
Ayes : Co uncil Members Hathaway. Vonnitm g. Wiggins. Habenicht
Wnggoncr. Waldnmn . Burns
Nays : No ne
(iii) Di,ision Chief Bob Moore presented a recommendati on from the Dcpanm cn t or Safety
Sc n iccs to approve an ordinance amending Tit le 7. Chnptcr IC. Sections I and 4 of the Englewood
Mun ici pal Code allo'o'ing fo r and regu latin g mini ature Vietnamese pot bell ied pigs by issuance of a
pcmli 1. He sai d lhaL while pol bell ied pi gs h,1\'e been defined in tl1e Code as swine and arc. as such.
prohibilcd under Section 7-1 C-1. exceptions ha\'c bee n made by lhe Cily and zoological pcm1i1S ha,-. been
grnn 1cd under Section 7•IC•3. TI1c proposed ordinance is an a11cmp110 rcmo\'c lhe co nfl ict a nd pro,idc
for !be licensing of pol bellied pigs
Responding 10 Counci l Member Wald ,, •
pol be lli ed pigs cum:nli y in Eng lc11
Moore s.ii d he suspects lhcrc arc h.1lf a do1.c n 10 a doze n
Ci 1y Mmciger Clark sia 1ed 11ml lhe Cil )' Code Enfom:menl Division has issued zoological pcrmi lS 10 pol
bellied pig owners in tl,c p:tSI bul has disamti nued lhe practice pend ing lhe proposed ordinance.
Cou ncil Member H.'.lbenicht asked how many s,: ... ~cs we h;wc in Englewood. Mr. Moore responded that
he was uncertain of the number but there :,--: :idc nts who have boa constrictors and pythons .
Mr. Moore sai d thal there is a logic 10 ti ,,, .,c rmi 1 system in tha: ;, allows 1hc City to kn ow where these
:i.nim .. 1ls arc and th at the)' arc properly housed. The locations arc inspected by an animal control officer.
Respo nding 10 Council Member Habenicht. Mr. Clark staled that p,,.ss.1ge of 1hc new ordinam:..: will
pcnnit pol be lli ed pigs as a pcl.
Council Member Wau-:i ncr asked why the nv · ordinance is ncccss.1r)' if th ey arc allowed under 7•1C-3 .
Mr. Moore respo nded that the two cit es arc in onflict.
Mr . Cla rk sta ted that. if the City has two ordinances tbat arc in co nfli ct. his instru cti ons to stafT\\i ll be 10
enforce th e st ric ter of the two. That esse ntiall y means tl uu pot bellied pi ~ would not be pcmli ttcd under
the two existing ordinances .
Council Member Waldma n asked what type of restrictio ns can be placed on tllc livi ng environment of a
pot bellied pig . Di scuss ion ensued.
Council Member Habc ni ehl ask ed for clarifi c:1 1ion or lh c paragraph in Scclio n 7-IC-3 ca llin g fo 1
regulation or pol bellied pigs , Cily All Jmcy Bro11.ns,r, s.iid lh.11 lhc pigs 11i ll be rcg ul alcd by lhe pcnnil
issued by lhc Ci ly.
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E ■ctewood Clly Cou ■cll
Aupll 21, 1995
Paie 13
Oi5CUSSion ensued .
Mayor Bums asked if lhi• dcfinilion of pot bellied pigs is used in other cities and whether we have looked
al other cities' regulations. Mr. Moore fell that ii compaff'd wuh Olhcr cities .
Mr . Moore poin1cd out thnl no more than one pig "ill be pcrmiucd on a propcny. it must be spayed or
neutered and the 0\\1\Cr must h.1,•c a permit
Mr . Brot1J1W\ cluriricd th.11 this will 001 be a ·..oologk:al permit buL rather. a newly created pcnnit
specificall y for pol bellied pigs .
Council Member Wi ggins said he is not in favor or this ordinance . He feels that a pot bellied pig is a
S\\inc and . as such. is not nllowcd. He feels that pigs s.hould never ha\.'c been pcrmiucd under 1.oological
pcnnits.
TI1c City Clerk was asked 10 rc:1 d Council Bill No . .SO l-y title :
COUNCIL BILL NO. lO , INTRO DUCED BY COUNQL MEMBER HATHAWAY
A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER IC, SECTIONS I AND 4, OF THE
EN GLEWOOD MUNICIPAL CODE 19Kl PERTAINING TO POT BELLIED PIGS .
COUNC IL MEMllER HATHAWAY MOVED, AND ITWAS SECON DED, TO APPROVE
AGENDA ITEM NO. II (a) (iii)· COUNCIL BILL NO, 5-0.
Ayes : Council Members Hathaway, Vonnittag. Habenicht Bums
Nays : Cou ncil Members Wiggins. Waggoner. Waldman
Motion carried.
Council Member Habenich t suggested .!i.1 t a public hearing might be in order regarding pol bellied pigs .
II was decided that a full public hearing process was not warranted because the matter will be before
Counci l again on final reading. Ms . Habenicht commen ted thal she \.\'OUld like to hear more people 's
opinions on the subject .
(iv) Director Es1erly presented a recommenda tion from tl1e Department or Public
Works to appro,·c an ordinance authorizing the sale of lhc F~eral Fire Station property located at 4065
South Federal Boulevard fo r lhc previously agreed 10 pri ce or $164 ,800 . He reminded Council 1ha1 a lease
\\i th an option 10 purchase with Glashr· \Inc .was approved by motion on Fcbmary 18 1992 .
Council Member Waggone r conunentcd that the Ci1y is locked inlo thi s pri ce . Ci1y Anorney Brol7.man
co ncurred .
Cou ncil Member Habcn ichl rel :ucd tlun she co nlactcd the City Clerk for the history of Council's actioru·
on thi s issue . She learn ed that l~1si ng the Feder.i i Fire St..1tion to Glasbond . Inc . ca me before Council on
1wo prc>.ious occasions . The action foi led on the fir s1 occasio n based on a throe to three vole with an
nbsiention based on a co uncil 111en1bcr's connic1 or i111crcst When the issue was consi dered three months
l;i1er. it passed on a \'ote of four 10 lhrcc, with Ihm s.imc council member \'Oling in favor . She said she has
ncv-cr supponcd the lease :md would not feel oomfonable \'Oting for the lease at this time .
Council Member Ha1lu1way asked if lhc lessee luis I ired up 10 his co111rac11.il ob li gmions 10 the Ci1y and ir
1hcn: have been any problems . Mr. Brol1J1m11 responded thal U1crc have been no probl ems. Ms .
Hathaway asscncd II .ii the Ci1y 1hc11 has a legal obligation to allow Glasbond to purchase 1hc property or
face a law suit for breac h of contract.
En&lewood Chy Ceuacll
Au1111t 21, 19'5
Pace 14
Council Member Waggone r asked nbou1 the legal co nsequences of a council member claiming a conflict
of interest and then later \'Oti ng in ra vor of the issue .
City Allomcy Broczman said that Council may go ahead and •Pl'""" the ordinance on r,,., reading nnd
he "i ll dt\-clo p a lega l a101 l_vsis on lhe matter. He said the problem is !hat the lcsscc has done S:VCl)1hing
correct ly in acco rdance wi th the lease, and, al though the lcnsc was passed improperly, there will still be
lcgn l ramifi ca tions if he is noc allowed 10 exercise lhc purchase op1ion .
Mayor Bums sai d he is not in fa\'or ofv01ing 10 breach the City's contracts and agreed with Cily Allorn cy
Brot 1Jno11's rccommcnd.11ion 10 pass the bill on first reading and then rccch·c a lcgnl an.nlysis
The City Clerk was asked to re.id Council Bill No . 57 by tiUe :
COUNCIL BILI. NO. 57, INTRODU CED BY COUNCIL MEMBER WIGGINS
A BILL FOR AN ORDI NANCE AlITHORIZING THE SALE OF THE CITY OF ENGLEWOOD
FEDERAL FIRE STATION LOCATED AT-1065 SOlITH FEDERAL BOULEVARD.
CO NC IL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM II (a) (iv)• COUNCIL BILL NO. ~7.
Counci l Member Waggoner commented th.It he '"ill \'ot c yes because of the obli g.1 tio n tha t the City is
under. but staled tha t he is 1101 in fa\'o r of ii.
Counci l Member Habcnichl con curred with t<.<,. Waggo ner 's comments.
Ayes : Council Members Hathaway, Vorminag. Wi ggins. Habenicht.
Waggone r. Waldman . Bums
Nays . None
Motion carried.
(v) Planning Adm inistra tor Stitt presen ted a rccommc ndalio n from the dcpanmcnt
of Community Dc\-c lopmen t to adopt a resolution approvi ng a Planned Dc\·clopm ent on 1he South Denver
Medical Pl azo ,.,lh ronditions . He said 1ha1. at the Publ ic Hearin g that was he ld on this mailer. there was
some amc:c:m exp ~ by c:djaccnt property owners that drain.ige from this si te might deteriora te lhc
all ey beyo nd its present deterio ra ted condition . The architects and 0"11ers or thi s propcny agree to
redirect the drainage to FIO)d Avenue and Mr. Still indi ca ted that he has plans that rcn cc1 that change .
Council Member Vormi lla g asked why the building ,.;11 be n.imed South De m-er Med ical Pla,.a when it is
located in Englewood. Mr. Still could only re lat e that th at is the name the O\lillers sc lce1cd .
The reso lut io n was assigned a number a ,td read b~ tit le :
RESOLITT ION NO. 58, SERIES OF 199S
A RESOLITT IO N APrROVING THE 3299 SOlITH LINCOLN STREET PARTNERSHI P PLANNED
DEVELOPMENT FOR THE SOUTH DENVER ME DI CAL PLAZA WHICH WILL BE LOC ATED AT
3299 SOUTii LINCOLN STREET IN THE CITY OF ENGLEWOOD. COLORADO .
COUNC IL MEMBER WIGGINS MOVE D, AND IT WAS SECONDED , TO APPROVE AG EN DA
ITEM 11 (a) (v) • RESOLUTION NO . 58, SE RIES OF 1995,
In res ponse 10 Council Membe r Waggoner. Mr. Still confinncd that all the dmin.!gc generated on thnl lot
,,ill 1101 go i1110 lhc alley , bul will go i1110 Floyd A\'c nuc .
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EosJ<wood City CCM111c:II
Aupll 21, 1995
P111< 15
Council M<mbcr Vomlinns wed ror a copy of the plan ,
Ayes :
Motion carried .
Council Members Halhaway, Vonniltng, Wiggins, Habenicht,
Wnggoncr, Waldman , Bunt'i
None
(b) Appro\'c on Seco nd Reading
The re were no nddi1ional i1cms submitted for 11pprova l on seco nd read ing. (Sec Agcnd.1 11cm 10 • Co nscm
Agenda.)
12 . Ce:ner■J Di 11c.ua.: ·on
(a) Mayor's Cho ice
M:iyo r Bums did not h.1,-c :111y mallcrs 10 brin g before Council.
(b) Co unci l Member 's Choice
(i) Co unci l Member Vonnittng :
I, He asked about !he new bu ilding and the weeds al 4100 South Gr.1111 Slrccl. City Manager Clark
\\i ll h.1,T stafTchcck ir•lo 1hc weeds. He rcl.ucd th,11 Projcc1 Build could pul a house pretty quickly onto
1ha1 propcny bu t st:ifT feel s lhnt 1hc neighborhood can supporl more limn a low 10 mode r.Uc ina>mc home.
The recommendation will prob.1bly be 11ml a belier house be bu ilt on th,11 property,
l . Mr. Vom 1i1L1g asked about the stmus or the Eagles property. Mr . Clark ~,id th.11 would be
discussed in cxccutfrc session 1onigh1.
(ii) Council Member Wiggins sta led that he requested an update about the weeds
on th e somhcasl corner of Hickory rutd Prentice. He received a response th,11 the 10C.:ltion was in Linlcton .
He actually "as referring to th e sou theast corner of the park :ll th31 inlcrscction . which is in Englewood .
He sa id th:11 South Suburb.111 h.as adopted a nmurnl ope n space mcmi ng policy He sta led 1h.11 E1~glewood
takes prcccdcncc Ol'e r thi s po licy and he would lik e the propen y 10 look decent.
M:tyor Bums sai d he will be meet ing wi1h South Suburban before 100 long.
(iii) Mayor Bums mentioned :i lcll er dis1ribu1cd the Counci l thm is addressed to Ben
Klein. Ch.1i m1..1 11 of the RTD Board. encouraging that bo.1rd 10 fund lhc final plans for the Southwest
Co rridor Li ght R.1 il Siste111. c\'e u thoug h Fed cml fond s wi ll 1101 be forth eo rnin g, Wit hout th e final plans.
we ca nnot ask (or a foll fund ing gr:1111 agrcc mc111 from the Tmn si t Adm inis 1r.11ion in Wastungton . He
pl :ms to :lltend th e Metro M:l)Ors ' C:iucus on Frid.1y and has ask ed th.1t 1hc mau cr be pl aced on that
agenda .
(iv) CoU11cil Mem be r Habe nicht .
I, She thank ed th e Safe ly Scn•iccs stafT for their cfTons rcb tcd 10 Na tional Nigh1 Out She sa id 1ha1
lhc sho\\ing was wonderful and lh cir effo rts arc tml y nrpnxi:llcd
Mayo r Bums sai d he rod e with Officer Nancy Pe terso n lhnt ni ght and co mplimcnl cd her on her e:~cc ll cru
rcla1ionship \\i lh the co 1111111111ity.
t:.a&k>'ood City Cw11<II
A·upsl 11, 19~5
l'aie 16
2. Ms . HalJcnichl said she has received a lot or positive response about the p.1mJc, citing a lcucr
from a c1,01•,cl1 in the communily where n number of people signed thanking Council fbr supponing lhc
p:mde.
M Counci l Member Waggoner staled lh.11 he nllendcd a block p.,;·y m his
otighl'orha-. ... 1 and one or the problems brought 10 his atte ntion was a sigh t problem at tu no,'tb'"'CSI
come r of D:utmouth Pl.1cc and Uni\'crsily Boulcwud . The question was also raised rcg.1rding the
passibili1y of inslulling a sidewa lk on lhe west side of Uni\'trsily from Durtmoull1 Plar.c 10 Da11mou1h
A,·cnuc . He sa!d that the bus Slop is on Uni\'crsity at Dartmoulh A\'Cnuc and those }krsons mnting to go
10 1hc bu_\ stop from Dartmouth Place must walk out on to Uni\'crsity to get there .
(\'i) Council Member Waldman :
I. He expressed graliludc 10 Ci1 y cmplO)'CCS who auendcd a neighborhood mcctin~ regarding
Duncan Purk . The iss ues or lighting. securi ty. graffiti. b;uhrooms and other maucrs ,,ere addressed .
!. He requested th.,t. when lhc smart-trail er is mo\·cd fr om Sou th Pennsyl\'ania and Pc.'lrl r,U'tets. ii
be pl:tccd on Clarkson Street nc.1r Belleview A,-cnuc .
13 . Cily Manager's Repo rt
(a) City Manager Clark dis1ributcd a staius report on Cinderella CitJ . Bccau.<c of Ilic
l:uencss of the hour he did not go into the dct."Uls of t.hc rcpon but stated that it will be a\·ailablc 10 the
public and 1hc press. He s.1i d 1ha1 he and Mayo r Bums arc mccting with Mercantile tomt,trow regarding
th e Joslins store .
(b) City Manage r Clark recommended lhal Council go into Exccu ti \'c Session tu discuss a
rc:d estate m.'lllcr.
COU NCIL MEMBER HABENICHT MOVED, AN D IT WAS SECONDED, TO GO INTO
EXECUTIVE SESSION FOLLOWING THE COUNCIL MEETING TO DISCUSS A REAL
ESTATE MATTER.
Ayes: Council Members H.111,aw.iy, Vonnillag. Wiggins . • 1a1.>enich1.
Waggoner. Waldman. Bums
Nays : None
Motion c:trried.
\-&. Cily Attorney's Rcp on
Cit y A11om cy Brol7.m .. ,n did not ha\'c any mancn 10 bring before Council.
I~-Adjoummrnl
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