HomeMy WebLinkAbout1994-07-18 (Regular) Meeting MinutesI
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Minutes amcoded 8/1/94 page 10, Agenda Item 11 (b), 10 add voce results for Or•'laaa<e No. :s . AN
ORDINANCE AMENDING Tl1LE 12, CHAPTER 4, OF TI-IE ENGLEWOOD MUNICIPAL CODE
1985, PERTAINING TO FIBER OPTICS
Vote .-..JU: Aya: c .. 11c11 Meabtn Batllawa,i , Vonalttac, Wlgins, Bum,, Gulley
Nay■: CoucD Meabtn Huaucllt, Wogoau
Molioa carrietl.
ENGLEWOOD CITY CO UNCIL
ENGLEWOOD, ARAPAHOE COUN TY, COLORADO
RqvlarSallon
July II, 1!19~
I. Call toOnkr
The regular ..-ing orthc Englewood Cily Council was called lo order by Mayor Gulley at 7:34 p.m.
2. lan1u1loe
• in\'ocalioa 1tt'IS gi\'Cll by Council Member Wiggins.
The Pledge of Allegiaocc was led by Boy Scout Troop No. 92 .
4. Rall Call
Present
Absent
A quorum wu present
Also present
S. Mialllos
Council Members Halha1<~y. Bums. Wiggins , Habenicht Vormiuog.
Waggoner, Gulley
None
City Manager Clar'<
Assistant City Attorney Brotzman
Assistant City Manager Reid
City Cler'< ElliJ
Acting City Manager Fonda
Acting Diruion Chief Vandermce, Safety Sc n ices
Acting Director Stowe, Utilities
Din:."1or Mentel , Community Devclopmem
Planning Administrator Still
Acting Director Gryglewi cz, Financial Scn•iccs
Director Esterly, Public Works
Engineering Manager Kahm
(a) COUNCil. MEMBl:R WIGGINS MOVED , AND IT WAS SECON DED , TO
APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 5, 1994.
Ayes : Council Members Hathaway , Vormillll g. Wiggins , Ha be nicht,
Waggo ner, Burns. Gull ey
EaJll<wood City c ... ac11
July II, 1994
P1ccl
Nays : None
Motion carried.
(b) COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO
APPROVE TH£ MINUTES OF TIU: SPECIAL MEETING 01' JULY 11 , 1994.
Motion carried.
Ayes : Council Mcmoen Hathaway, VonnitL1g, Wiggins, Habenicht ,
Waggoner, Bums, Gulley
Nays : Nooe
6. P~,chcdulcd Vbiton
(a) Georgia Pctranoff, Senior Police Desk =ocr, was honored as Em pl oyee of th e Month
for July 1994 .
(b) John Wise. 3644 Sooth Cheroltoc, submitted a letter for the record. protesting the
issuance or Building Pcnnit # B 13026 for corulruetion or a fourplex at 252 to 264 West Jcffcnon
Avenue . Mr. Wisc noted that one lime he considered buying the propcn y, but \\11S told by the Zon ing
Dcpanmcnt that he could build no mor< than thrtc ap:utmcnlS on the site. Mr. Wisc mai ntained th.it th e
required public hearing was not held prior 10 issuill8 the J)!nnil that the proposed construction is
"inscnsiti,'C" to the ch.iractcr or the adjacent property and wi ll "cxaa:rbate" the erosio n, dust. mud an d ice
build-up problems on the unpa,·ed 200 block of We,;,, Jefferson A,'Cnue, which can be considcml a health
nnd safety haurd. He objected to the proposed drainage plans and added that tho •Fpro,-cd pcm1i1 sets a
bad pnx:cdcnt. Mr. Wisc suggested the City of Englewood could be sued for issuing this permit and it wi ll
make bis propcny less desirable . Mr. Wisc requested Council inspect the proposed building site, \'crify
his statcrncnlS, r=ind the permit and proceed "through normal channels", i.e. holding the approp ria te
hc.irings.
Mayor Gulley ad\'iscd that Council "ill follow-up on bis conocm.
(c) Vincent Nye, the spokesman for Englcwooa Boy Scout Troop No. 92, rcqucsted Co uncil
appro"e u,c or Centennial Parle Lake for canoe training.
COUNCIL MEMBER HA TIIA WAY l\lOVED, ANI> IT WAS SECONDED . TO BRING
FORWARD AGENDA ITEM 12 b.
Ayes : Council Member> Hathawa y, Vonnittag, Wi ggi ns . Habenich t,
Waggoner, Bums. GullCJ• ·
Nays: None
Motion carried .
Cou nci l Member Hathaway pointed out that Boy Scout Troop No . 92 bas used Centennial Park Lake for at
least th e last live years without significant incident and for the last two year> they ha ve adopted th e lak e
and kept it clean . She commented that she appreciates the fact that the Troop appro.1chcs Counci l C\'cry
year wi th their rcqu<S1.. Ms . Hathaway also thanked Troop No . 92 for prese nting the color>.
COUNCIL MEMBER liA TIIA WAY MOVED , AND IT WAS SECONDED , TO APPROVE TII E
LICENSE AGREEMENT BETWEEN BOY SCO UT TROOP MO. 92 AND THE CITY OF
ENGLEWOOD REGARDING 1'111: USE OF C~NTENNIA.L PARK l.AKE.
Assistant City Auomcy Brouman, in n:sponsc to Council Member Wiggins , ad\iscd that the i.nrnrancc
rcquircrncnlS ha\'C been satisfied.
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hlllew .... City C-U
Jalyll,1"4
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Ayes: Council Membcn Hathaway, Vonniltag, Wiggins, Habenichl,
Waggoner, Burns, Gulley
Nays: Nooe
Motion carried.
Mayor Gulley thanked the Troop for <XJDducting the flag ceremony.
7. N011-1Cbeduled Vbiton
(a) Richard Edi1011, Ptaidcnt of the Englewood Firwghler's Association, advised Counci l
lhal the Association will be donating $1400 .00 10 the fund established for lhe families oflhe 14
lirwgbter's lcillcd in Glenwood Springs. lie informed Council that the Flrwghter's Foundation, Fund
No. 1751 , will be opened up to the public for donations and the moocy will be sent din:ctly to the families .
He invited Council , if they have a a>ntingcocy fund. to make a donation to the fund .
Mayor Gulley stated she fell this is an admirable rtSpODSC to the tragedy.
Mr . Edison conlinncd that donatioos an: tax deductible.
8. C-•Hlcatloao, Pradaaatioas ud Appoln-11
(a) A proclamation declaring August 2, 1994 "'National Night Oul was considcrt:d .
COUNCil, MEMBER HATHAWAY MOVED,AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION PROCIAIMING TUESDAY, AUGUST 2, 1994 AS NATIONAL NIGHT OUT
IN THE CITY OF ENGLEWOOD, COLORADO.
Motion carried.
Ayes: f'.:ouncil Mcrnbcn Hathaway , Vormiuag. Wiggins , Habcnich1,
Waggooer, Burns, Gulley
Nays : Nooe
Mayor Gulley proocnled the proclamalioo to Acting Division CbicfVandermcc . Mr. Vandcm1cc
encouraged everyone 10 paniclpatc in National Night Out August 2, 1994 .
9. Public Hearing
(a) COUNCil. MEMBER HA TBA WAY MOVED. : .ND IT WAS SECONDED, TO
OPEN Tin: PUBLIC IIEAIUNG TO RECEIVE CITIZEN INPlJ'f ON THE PLANNED
DEVELOPMENT FOR A MEDICAL omcE BUil.DING ON THE NORTHEAST CORNER OF
THE SOUTH CLARKSON STREET AND U.S. 285 INTERSECTION.
Ayes: Council Members Hathaway, Vonnillag, Wiggins, Habcnichl ,
Waggooer, Burns, Gull ey
Nays : Nooe
Motion carried and the public bearing opened.
All testimony was gi\'cn under oath.
Director Mertel, Communily Dc\'dopmcnl, provided proof of Notice of Public Hearing. which was
published In the Englewood Herald on Juoc 23 , 1994. He advised that the Planniog arw Zoning
Commission held a public hearing on June 7, 1994 on the proposed Colorado Medi cal Ccnler Planned
~OIJCeadl
Joly II, I"' .....
Dc\-clopmcnl. The Commission rocommcndcd appnlYII contingent upon submi1tal of an approved
dmnage rq,on. The pn,pcad dcvdopmcnl !JI for a 20,000 "IIIIR foal. two-story medical office building.
The subject is approximately 1.04 acru in w.:, aod is zoned R-3 , High Density Residence , The proposed
u,c is consistent ,.;th 1979 Comprcbensive Plan and the suucturc, u it is proposed. is situalcd on the sil e
to n:doo: the: impacU . The site is adjacent to an existing single-family residence and the applicanl hns
proposed a land,capod bulTcr and a six foal high solid fcna: between the 1wo propcnies 10 minimi 1.c
impacts , The site .. 111 require considerable c..:avalion and filling and there arc no natural fca1ures on 1he
silc that need to be p1cscn'Cd .
In rcsponsc to Council Member Waggoner, Mr. Mertel advised thal aoccss to the: site is oll'Clarkson
toward the: north end of the site and tbcrc is partiiDg oo the WCII and Dllh sides .
Mr . Merkel and Planning Administrax Stitt....,..-IO Council Manbcr Bwns' questions rcgarding
dmnagc. Mr. Mencl statod the ara -,Id normally drain toword U.S. 285 . Mr, Stitt statod the: draina ge
plan has been submiltod by the "A)licaDt u per the rcqairemcnt of the Planning Comntission and the pl an
has been appro,'Cd by the: Public Worb DcpartmcnL The plan generally proposes l'Cl3ining some of 1he
run-oil' on-site and let it Oow olf tbc site II its historic ralC. as is the rcquircmcnt. Mr. Stilt w1od ii is his
undcmandi "g :hat tt .: p1oposod dr.linage plan takes into account the: scvcrc topogr.,phy of the area and
the fact that the dr.liragc .. 111 Oow to U.S. 285 .
Linda Tourney, 3556 South Clarkson. statod she is a prulelr;ioulJ anist with her studio and offi ce ll'<'llcd
in her home . She passed oot n:doo:d copies of the Site Plan&. Details and Grading Plan&. Detn ils for lh e
Colorado Medical Center, She statod r.bc alWIYJ knew -.cthing woold be built on that land c,·en1u.1lly
and she docs not object to a.,ything be ing built then:. Sbe cxp,essed concern that the proposed pl nns do
not acoommodatc the lilac bushes, opp;c trocs and cbotc c:hcny trees sbe has been watering and
maintaining for I ycan and which ll'C basically oo the property line , Ms. Tourney stated she assumes
they will be CUI down and rcplaood ,.;th I six foal woodao fcDcc. Sbe staled the: trees arc not only
beautiful , but they ll'C also an air purifier, IOWld burier aod a visual barrier. She maintained tlull if lh e
trees arc rtlllO\'Cd it would be an "infringement" oo her well being and n:ducc the enjoyment of her
propcny. Ms. Tourney proposed the: builders adjust the landa:apc and fence to allow for the lilacs or to
compensate bet for their rcplaccmcnL Because of privacy issues. lighting concerns, etc., Ms. Tourney
maintained the proposed casement is not adequate. She n,qucslal the builder consider putting hoods on
1bc lights and dircd the lights to the modical building. she queslioocd the possibiliry of locating
proposed stairny along the: property line clocr to the l,.,;lding or ocrcening i~ and requested that ·,
Parking" signs be post od on the cast side of Clarkson from her driveway to the: inlcncction of U.S . 28 5
and Clarkson. She stated that O\'Ctall she finds the design of the building attracth-c and well thought out.
Ms. Tourney noted that her cona:ms ll'C DOI major and she is hopeful they can be addn:sscd.
Mayor Gulley questioned Mr. Stitt as to the Ci1y'1 right to ask for some c:onsidcralions in the: matters Ms .
Tourney brought forward. Mr. Stilt advised that -of the c:onccrns should be discussal "ith the
propcny owner and that the: building sctb3cl< wu allowed by the Plannod Development requircments and
it was approved by the: Planning and l.oning Commission. Ms. Tourney staled her opposition to 1he
setback .
Mayo r Gulley requested Mr. Sti tt arrange a meeting bet"-ccn the builder and Ms. Tourney in a1temp1 10
mitigate her conce rns .
In response to Counc!I Member Wiggins, Ms . Tourney achiscd that she was aware the lilac bushes and
trccs "~re on the propcny line when sbc purchased her home in 1983 and that if someone deve loped the
adjoining propaty sbc assumed the bushes and trccs would be an "issue of discussion" bul not something
completely 001 ol her control.
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l■&kwood City Caucll
J■ly II, 19'4
Pases
Tim Rcod, an An:bikd for licffinaD,IReed lpOlldna on bcbllC o( the owner, stated the fum wants 10 be a
good neighbor and Ibey are mo,c than williq to Iii down to ooc wbai can be clone to aa:ommoda1e lhe
inucs Ms. Towney railed.
Then: being m one dsc p,cscnl to speak to the issue, Mayor Gulley asked for a motion 10 close lhc pub lic
hea ring.
COUNCIL MEMBER HA TBA WAY MOVE D, AN D IT WAS SECONDED, TO CLOSE THE
PU BLIC HEAJtING,
Ayes: Council Members Halhaway, Vonniuag, Wiggins, Habcni chl,
Waggoner, Bums , Gulley
Nays: ~
Motion carried and lhc public hearing clc..t.
(b) COUNCil, MEMBER HATHAWAY MOVED, AND IT WAS SECO NDED , TO
OPEN THE PUBLIC 111:AJUNG TO RECEIVE CITIZEN INPUT ON PA YING DISTRI CT NO.
37,
Ayes : Council Membe rs Halhaway, Vonniuag, Wiggins, Habcni chL
Waggoner, Bums , Gulley
Nays : None
Motion carried and the public bcario, opened.
All lcstimony was givon w.dcr nalh .
Public Works Engineuing Manager Kahm, pn,lidcd proof or Notice or Publi c Hearing, which was
published in the Englewood Herald on Junc 9, 1994, Junc 16, 1994 and June 23 , 1994. He submilld a
leuer for the ra:ord liom Ed Collins, Colli.na & ,::ompany, Metro Bmkc11 Inc., n:garding the asscssmenl
a1 270S South Tcjoo s.-. Mr. Kahm OOCcd lha1 a li!Uc ., . ., a year ago lhc majority or property owners
along West Yale Avenue bctwocn Tcjon and Zuni , the 2000 lo 2300 blocks, approached City COW1Cil and
asked that that puticubr street be included in a p■ving dillrict. A$ the City was unable to sell bonds 10
finance the program, asa....itartheposagcar AJIICtldmcol I, City Council 10 loan money from
the General Fund 10 create this puticubr proje,;t. The csti-.d cost or the project a1 Iba! time was
SJS7 .ooo .oo with an cstimalcd asscssmcn• cost ors12a,ooo .oo and a City cost orS229 ,ooo.oo . Mr. Kahm
pair.led oul it was ncc:cssary for the Cily to ooy a IUbslanlial amount m right-or-way and, thanks to the
ln:mcodous a,opcnlioo or 'be property owners OD Wcst Yale A,'CDUC, lhc Cil)' was able to acqu in: ri ghl-
or-way and physically a>nstruct the majori ly or lhc project durio g 1993 . He identified two issues which
sti ll need to be rcsolvod : I) ii is necessary for lhc Ci1y lo provide an explosion wall ror R & R Millwo rlc
due 10 a set back change. and 2) n:pave the lemporary pavi ng, which was pl aced along lhe pro pc n y, as 1he
wa ll is a>nstructcd. Those costs are still anticipated and lhc money has been bu dgclcd.
Mr . Kahln reviewed the Final A<scssmcnl Data sheets whic h wen: pn:viously distribuled . He poin1cd out
lhc Proposed Schedule for a,mplction or lhc paving district ; n01ed lhal in all cases lhc asscssmenis were
co nsiderably lower lhao the estimates, due to stairs a>nscrvativc approach 10 estimating and the raci 1h01
lhc Ci1y n:ccivod a good bid on lhc project. Mr. Kahln stated lhc actual assessments came in at
SI 12,07S .4 1, and due lo the additional costs incurred wilh lhc construction orlhe C.'Jll osion wall nl R & R
Millwork, the Ci 1y 's cost is $260,366.73. He poinled out lhat rour orlhc property o..-ncrs did n01 lake
paymcnl up frQol for lhc mil estate that lhc Cily pun;hascd from lhcm . They lcfl lhc money wi lh lhe Ci1 y,
shown on the data sbcct as a PTq,oy1DODl in lhc amount orSS7 ,II S.00. Aller lhc asscssmcnl process is
completed lhc Ci1y Mil prepay lhcir asacssmonts, laltlng into account the S¾ discount, pay off their
assessments and send lhc rour property o..-ncrs cbccb for lhc balancc due on lhcir rigb1-or-way.
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Mr. Kahm rapaadcd IO Council Mmibcr Wagoner's inquiry n:prding the leller ofplllltSI prcvioosly
enten:d iDIO Ibo record ,qanling 2705 Saou Tqon. Mr. Kahm explained that the cast 125 fed of West
Yale Avenue wu previously constnlCUd by the adjacent owners to paving district IWldanls. so the owners
on both sides, nonh and south for the 125 feet. wen: given credit. The leller from Mr. Collins suggests
that the property °"'IICII 011 the south side lhould have alao n:a:iwd credit for the other 175 foet of
frontage . Mr. Kahm advisal thal then: 1''1S strip paving in thal an:a. but ii was nOI up lu .:ity standard
an d ii was never approwd by the City, so no credit wu allowed.
Then: being no ooc clJc present to speak 10 the issue, Mayor Gulley asked for a motion 10 close the public
hearing.
COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO CWSE THE
PUBLIC REARING.
A)'es : Council Members Hathaway, Vonninag, Wiggins , H,b.:nich t.
Waggoocr, Burns, Gulley
Nays: NODC
Motioo carried and the public hearing c.-.
10. Public Fo.,..
Ma yo r Gulley cxplain<d lhat the ,'ublic Forum is IO n:cci,-c input from citi1.0ns on proposod changes on
home occupations and aa:cssory structure.'I. She asked lhat Assistant City Allomey Brotzman speak on
the issue prior to opening the Public Forum
Mr. Brotzman staled thal this matter wcat before the Planning and Zoning Commission. It is a mning
ordina,,a: change. however then: arc ll>O issues that arc now combined, one i1 aa:cssory SIIUCtlln 'I. one is
home occupations. He c:xplaincd that. upOD Council 's din:ction, the issues will be addressed in two
separate onlinanccs.
(a) COUNCIL MEMBER BURNS MOVED, AND IT WAS SECONDED, TO OPEN
THE PUBLIC FORUM TO GATHER CI11ZEN INPUT ON PROPOSED CHANGES TO THE
HOME OCCUPATIONS AND ACCESSORY STRUCTURES PORTIONS OF THE
ENGLEWOOD MUNICIPAL CODL
Ayes: Council Members Hathaway, Vonnittag, Wiggins .
Habcnicb~ Waggoner. Burns. Gulley
Nays : Nooe
Moti on carried and the public forum opcocd.
Director Merkel . Community Dcvtlopmcn~ provided proof of Notia: of Publi c Hearin g, which was
published in the Englewood Herald June 23, 1994 . He stated that the Planning Commissio n has been
working for about a year and• halJ revising various elements of the mning ordinance . Home O('CUJ).1lio ns
and aa:cssory ctruct wcs arc the final two clements lo be considered. Mr . Merkel related that an
abbreviated version oCthe changes appcan,d in the Englewood Citi1.0n prior 10 tonight's publ ic fo rum .
Sc\'Cral lellcrs wen: rcccn'Od as a n:sult oC thal publicalion .
Planning Administrator Stitt pn:scntcd an O\'CMCW of the proposed changes. Reviewing the Home
Occupation portion of the ordinana:, Mr. SL.I stated that home occupation provi sions curn:nU y exist in
R-1-B and R-1-<: moc dutricts. Sina: 195S, when the cwmil ordiDancc MS originally adopted, home
occupations have been prohibited in R-1 -A. Upon review of the requests that have come befone the Brord
of Adjusuncnt and Appeals. as "~II as the inquiries n:a:ivcd by staJJ. ii was determined that then: has
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July II, 1"4
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been a change in the naaun, of work pcnormcd in the communily and that home occupations should be
pcrmilled lo the R-1-A :moc dilllricU. lie ..._ that minor clwlges have been made in lbc home
occupation provisions, 111Ch as allowing for buliDcacs that can't be dclccted "by lbc casual stroller." The
proposed ordinaoc:c adds such thlngs as fine arts studios and moo-.-cs some provisions such as those
limiting 1ype5 orbonq,owcr for mocori7.cd equipmcol II aim makes changes 10 daycan: regulations 10
bring them into acawdaDcc with lbc Stale requirements. Tbc proposed changes to the R-1-A zone
district.. arc equal 10 what cuncntly exists in the R-1-B and R-1-C z.ooc districts. Mr. Still staled that the
operation of a home occupation is to be such tbai ii will DOI affect the peace, quiet or dignity or th e
neighborho'>CI. If the home occupation tJocom. , more commcrtial, it is witbjn the power or the
Department of Communi1y Dcvelopmcnl 10 act to have Iha! home occup>tion cease.
Addressing the proposed changes to the portion or the code relating to a<::cssory structures, Mr. Still
related that cum:n1 IIWldards arc difficu'• :o apply because the maximum permitted number of accessory
structures is DOI stated. Tbc proposed oruinance provides a combined maximum total floor a,·.,. of all
garages and carports of 1,000 square feet, which allows altemati\'es and will lessen the number of cases
before the Boan! or Adjmtmcnt and Appeals. Tbc same height restrictions and sctbock restrictions that
have existed in the code arc in place.
Speaking 10 lhc sccood SCI of amcodmcnts under acc:cssory SlJUc:IWU, Mr. Still staled that storage sheds
have been a matter of cootcntion for yea,s, priD1arily because the cum:01 standard of 100 square feet has
been viewed as~-The proposed ordinance incrcaacs lhc maximum to 150 square fee l. which
will provide for a twch-c by twch-c foot st~ngc shed. He said lhal bwguage is included lhal makes it clcor
that one storage shed is permi tted on a property and that bcighl and SCI-back requirements have not
changed.
Mr. Still related lhal the third proposal under aa:aso,y structures is to add another category allo"ing a
200 square foot "other structure" which will DOI be specifically defined. The current ordinance only
allows things which arc specifically set forth, making such structures as gaubos. playhouses and free -
standing dcdcs tcchDically illegal even though they add tn lhe 1Mbili1y of the properly . The in1en1 of 1he
proposed ordinance is to provide regulations assunng that "other llruclurcs" arc appropriate for the
communily. Tbc propoocd height reqummcnt is twelve feel and the side yard set-backs arc the same as
other accessory structures .
Rcspooding the Council Member Habcnich~ Mr. Stin affirmed , for structures built under a pmious
ordinance or before tllcrc were any n:gulatioos, a grandfalhcr proviS1on will exist for those structures tha1
become non-conforming under the new ordinance.
Council Member Wagoner asked if all businesses. otbcr than those listed under J>3"P."'l>" J on page 5,
will be permitted under the proposal . Mr. Stitt allirmcd Iha~ as long as an occupation 1,,eelS the ai1cria
set fonh in prcccdir,g paragraphs A through I, it will be permitted.
Mayor Gulley asked if a significant number of requests for changes come from the R-1-A zone distri crs .
Mr. Still staled that ooc or two requests a month have been n:cci,-cd over the last yeor and a half.
Discussion ec .5Ucd regarding instSnccs when: home occupalioo 1iccnscs will not be permilled. Mr. Still
staled lhal the Cily in,-cstigatcs activities when it becomes apparent that the activily is more llian r,i ,uai ,
suc h as making and selling products from a shop in a bascmcnl
Responding to Council Me10ber Waggone r's question concerning hours of operation, Council Member
Hathaway pointed out that Section 5E requires home occupations to keep hour.. that will not interfere wit h
lhe peace, quiet or digni1y of the neighborhood.
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Contin ulng with the publ ic forum, Mayor Gulley 1tirJ nded thooc proscnt that two separate issues :uc
bcfo1t them. namely home OCC\lpoUOIII and ICCCSIOI)' llruclun:s .
Donald Seymour, 4750 South Upan S•rcct, 1 member of the Board of Adjustment and Appeal s, stnted that
many n:qUCIIS for varianca 011 lilon,gc sheds have come before the board. He expressed R1pp0n for the
propoocd IICCCSSOIY struc1u1t1 portion or the ordinance.
Jane Schnad<cDbcrg, 3675 South Cherokee ~i-. exp..-! opposition to changes concerning home
OCC11pations in R-1-A :r.one diltricu. She cited incrcned trlllic, devaluation of property, and increased
danger tc cbildml because of strangera in the nclghlmhood.
Jay Pelo-., 3100 South P<arl St=t, cxproacd suppc,n for both issues ad<!ICSSCd by the proposed
ordin 'tK:C.
City Manager Clute pn:oented lcltcn; received by the City from the rou, .. ing Englc-.ood citizens :
Carlyle and Eva Eisenberg, 4955 South Galapago Sln:Cl
Thelma Ralcll, Sooa Holdswonh, and Leon D. Richardson, 490 0 block or So uU1 Gal apago Street
Mitchdl Waldman, Chair of the Board or, .djUSll!lCDI and Appclls
Discussi on cmucd rqarding the intent or Mr. Waldman 's letter cona:ruing garages . Bill Clayto n.
958 East Cornell A,,:nuc, clarified that the Board or AdjUAITICDt and Appeals feels thert is a question of
equit y to be addrasod. They feel the issue should be lot coverage rather than the B\'ailability or access .
Regarding home occupations, Mr. Clayton also urged Council to consider such things :is noise, parking,
access and the poaibility of DOI lllowing ..ai a one squan: £001 sign in windows.
Co unci l Member Habenicht inquin:d wbcthcr a one squan: £001 sign is a n:quircmcnt or having a hom e
OCC11patior, liccmc under the pn,posal ordinance and whether businesses such as those done strictly by
telephone can be sq,aralcd from tbooc involving traffic to the n:lidcncc. Mr. Stitt 8115\>'Cred that signs Dlt
not n:quin:d and. n:spooding to her accond q.-ion, ~.c affirmed that a scporatioa can he accomplished by
ordinance but then cnfon:cmcnt will hccomc an issue.
Council Member Habcnicbt asked if it is objectionable to all.;.. garages without driveway accessibil ity to,
such uses as shop&. as many currently arc. Mr. Stitt cxprcsscd ltSCMllions bccau,c the ""nling allows for
"other lal'ful use" which , be focls. is too broad. Again. eoforccmct1: aill be diffirult.
Responding to Council Member Habenicht, Mayor Gulley affirmed that no action will he taken toni gh t on
this matter.
Cou:1cil Mcmbc.r Waggoner nskcd if homes on come r I\JlS can have signs on bolh stree t fro nts for home
occup?.tions. Mr. Stitt 's response was that the sign ordinaoi;e allows onl y one sign .
Co uncil Member Hllthaway asked if most home occupations currently regist er \\i th th e City an d how we
address those who don 't. Planning Atlministrator Stitt stated that the City ~nds to com pl aints and
that he docs DOI fed there isan cxccssl,-c number o(\'iolatora in the R-l·A roncdistrict .
Council Member Hathaway cxpn:ss..d conce rn O\'tr rtfcrcnccs that nrighborhoods other than
R-l ·A arc in some way less secure and desirable.
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la...,_.. City Coudl
J•ly II, 1994 , ... ,
Ken Haraldlal, 3018 South Wllllling10a. llllled tlllt people haw the ript 10 conduct buliDCSI from 1bcir
homcs u long u it docoo't badlef ._. He c!IOd reduced amoa ud re-can on lhe rood, u .. ,.11 as
employees who do computer wofl< from lbcir homes u ~ns for his IUJIIM)n .
Lloyd Hendcoon, J 190 WCOI SWlford A,enuc, cxprmcd auppon for the propoocd ordinance.
COUNCIL MEMBER BURNS MOVJ:D, AND IT WAS SECONDED, TO CLOSE THE PUBLIC
FORUM.
Motion carried.
Ayes : Council Mcmbcn Hathaway, Vonnittag, Wiggins, Habcnichl ,
Waggoner, Bums, Gulley
Nays: None
11. Approval oa Sccwd Rudia&
COUNC IL MEMBER HAB ENIOIT REMOVED AG ENDA ITEM 11 b FROM TH E CONSENT
AGENDA .
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE ON
SECOND llEADING AGENDA ITEM 11 (1) AS FOLi ,OWS:
(a) ORDINANCE NO . 35, SERIES OF 1994 (COUNCIL BILL NO . 28. INTROD UCED
UY COUNCIL MEMBER WIGGINS). amn.EO:
AN ORDINANCE Atm!ORIZING AN INl1!RGOVERNMENTAL AGREEMENT BETWEEN THE
URBAN DRAINAGE AND FLOOD CONTROL DIST',<JCT; THB CTTY OF ENGLEWOOD,
COLORADO; THB CITY OF LITilEl'ON; 1l!E crrv OF GREENWOOD VILLAGE ; ARAPAHOF.
COUNTY AND DOUGLAS COUl>ITY REGARDING FUNDING FOR DRAINAGEWA Y PLANNI NG
AND FLOOD HAZARD DELINEATION FOR BIG DRY CREEK.
Motion carried.
Ayes : Council Mcmbcn Hathaway, Vormillag. Wiggins, Habcnichl
Waggoocr, Bums, Gulley
Nays : None
CO UNCIL MEMBER llA THAWAY MOVED, AND IT WAS SECONDED , TO APP RO\"~ ON
SECOND READING AGENDA ITEM 11 (b) AS FOLLOWS :
(b) ORDIN>NCE NO. 36 , SERIES OF 1994 (COUNCIL BILL NO . 40, INTROD UCE D
BY COUNCIL MEMBER BURNS), ENTJ1l.l!O :
AN ORDINANCE AMENDING 1111.E 12, CHAPTER 4, OF 1l!E ENGLEWOOD MUNI CIPA L CODE
1985 , PERTAINING TO FIBER OPTICS.
Council Member Habenicbl stated Iha! her concern wilh !his ordinsna, is philosophical .•Ml rcla1cs 10 long
1erm revenues availabl e to municipalities. She mainlained that lhi a kind or technology :s go ing 10 ha ve
far reaching effects in terms of the way communities do buaiDCSI and an impael on sa les 1u . She
expressed cona:m over removing a cum:nl m'Cnuc source arwl not rep lacing it. She feels fiber optics h.is
!he po!Cntial or reducing some of !he City's usual revenue sources, IUch as sales tax . While not "-"anting
to be antagonistic toward !he fiber optic industry or lo be discouraging, Ms. Haben ic hl Slllled her belief
lhal lhcsc m'Cnucs should be replaced in oomc way . She suggested a ')'Siem whereby 1he fee is ,•.,iivcd for
E■lltwood City Coucll
July II, I,,.
P1ae 10
a ccl1ain number orycan, orclwwinl I very low fee allowing for future revenue potential . She feels that
the City must be careful not to cl-1 door 1h11 ii very imponant to our constilucr.q and will therefore
,'Ole against the ordinance.
Council Member Waggoner ltatcd that pusi113 the ordioance at this time will be premature. He docs not
foci that he has yet n:ceived ,n answer lo whether the companies that install fiber optics are classed as a
utility wilhi r. the City of Englewood. Utility and fraochlse recs arc required or such companies as
Mountain Bell and Public Service Company and be feels there <hould be equity in fees charged or fiber
opti cs compan ies. He stated lhal be will be \'Oli"I against lbe onlinancc.
Council Member Habenicht asked if there arc other ways to address this so that there will be some kind or
future protection for the City that wouldn't in any way be discouraging to the fiber optics industry .
Assistant City Altomey Broczmau affumcd lhal there arc a variety of "~ys, out Oial the City is currentl y
addressing the fact lhal groups that arc now laying fiber optic cable find our current method prohibitive .
He staled that the method before CoWlCil is what staff feels is the best mcO\Od at this time .
Counci l Member Hatha\\~ asked if this onlinancc deletes the linear foot fee but still lca,-cs an
opponuni ty for renegotiation lalcr. Mr. Brotzman agreed that it will nol affect our franchise or co ntract
ri r,hts.
12 . Onli ■uc.., Rtoolutlont 1nd Motio■1
(a) Acting Di.rtctor StO\\i: presented a recommendation from the Utilities Department to
adopt a bill for an onlinancc appro,ing an lntcrgO\i:mmcnlal Agn,cmcnl ,.;th the Colorado Dcp.1rtment
of Transportation (C001) ror the installation oltwo water mains crossing Sanlll Fe al Union A\'cnue.
The next major COOT projoct along the Santa f"e corridor will be Union Avenue, where lbc Utilities
Department maintain, two w.llcr supply liocs thal cross at thal intcncction. There arc two issues, the
wort itself and -,hcduling and timing. The project itself is lo clean up some water pipiog that goes across
Sanlll Fe. There :, a raw water and treated \\-ater supply line in that area The convcnion of Santa Fe to
concrete pa\'Cmen~ \\i th additional lanes and the possible construction of light rail, ,.,., make access to
these lines for maintenance and repair \'Cry difficult and more costly. Mr . Stowe suv • staff has been
\\'Orkin& \\ith COOT in evaluating the estimate and preparing a OOOLract. The lum .m co ntract amount
proposci with CDOT for the projoct is $251 ,256.80 . He strtled that Council has received a sample of a
contract with COOT. bu~ since CDOT's current \\'Ori< load is high, the City has not rccci\'cd the final
contract. The project itself will be advertised io A•,gust 1994 and an ordinance must be in place which
\\'Ould allow the contract to be signed. Mr. Stow< explained that if the City misses the deadline our work
may be pulled from the high\\~y projoct . The OJOT estimate is below lhe Utilities ' Department estimat e
ofSJ00,000 .00 to $400,000 .00 if the City dot,s lbc \\'Ork.
Couw.:il Member Hathaway questioned whether the raw or treated waler now will be increased by
inslalling the new lines . Mr. Sto\\,: staled that the lines ar,: being increased in siu: 10 account for
additional water now, particularly the raw water line that will pick up additional water from Bear Creek
and the ditch .
11,c City Cieri< was asked to read Council Bill No . 41 by tiOe :
COUNCIL BILL NO . 41 , INTRODUCED BY COUNCIL MEMBER HABENICHT
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE COLORADO DEPARTME NT OF
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J:a&lew ... CltyC.-11
JIiiy II, 1"4 ......
TilANSPORTA TION FOR 1lll! REPLACl!MENJ' OP TWO CITY OF ENGLEWOOD WATER LINES
AT TIIE INTERSECTION OP SOlTl1i SANTA FE AND UNION A VENUE.
COUNCU, MJ:MBI.R HABINICBT MOVf.D, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (1) • COUNCO. BD.L NO. 41.
In response to Council Member Bums. Mr. Slowe advilOd that while thc funds for !his project arc not
currcnlly budgelcd. Ibey ue available in tbc Wlltf Fund. Mayor Gulley staled Council will have 10
nppropriatc lhc money.
In respolllC to Council Mc,.·...., Wagoner, Mr. Stowe confumod that lhc lines arc being replaa,d because
1hcy mold and ii is time to replace !hem, that they will be upsiu:d for additional now, ind because the
CUITCIII highway II Santa Fe and Union docs not impact the existing lines, Englewood will bear lhc cost of
replacement
Council Member Waggoner cxpn cd concem that lhc sample conllaet is open ended and docs not rcncc1
the proposed conllaet amounl of$2Sl ,2S6 .80. Mr. Slowe advised thal thc in1cn1 is for a Jump sum
conlracl and if then: arc additiooal costs rcquilcd in lhc construction. because of a change in the design. ii
"ill be dooc in writing.
Vole results : I
1 Ayes : Council Member, Hathaway, Vonninag. Wiggins, Habeni cht.
Waggoner. Burns. Gulley
None
Motion carried.
(b) Director Merkel pr<SCntcd a r<eoDllDCndation from the Dcpartmtnl of Communi iy
Dcvclopmcnl 10 adopl I bill for 10 onlinana: aul.borizing 10 lnlcrgovcmmcntal Agreement for thc
Arapahoe Coun iy Community Development Block Granl (CDBG) programs for 199S, 1996 , and 1997
bclwccn lhc Arapahoe County Boan! of County Commissionm and the City ofEnglcwooc'. He explained
lhat the Ciiy bas bad• housing rd>lbilitltion progn,m for 20 y,:a,, fuodcd through Community
Development Block Gran! FUDding from lhc Fcdcral Govcmmcnt. Tiutc year, ago lhc City joined
Arapahoe Couniy in puBUing lhc grant funding and became pan oflhc County's overall rchabilitation
granl application. Mr. Mcrlccl advised that lhc funds will allow for the continuation of thc Housing
Rehabilitation Program and lhc funding of the Family Self-Sufficiency Program sponsored by the
Englewood Housing Authority. The City \\ill rte:ci\'c an cstimalcd $26S ,000 .00 afuiually based on lhc
Ciiy's IC\'CI of eligibility and the percentage that Englewood comprises oflhc low and modcralc income
p.i~dation in the entire coonty .
Council Member Bums mentioned thal be jusl attended lhc National Association of Housing and
Redcvclopmenl Otfocials Coofcrcncc in Chicago and loorcd pan of Chicago. He noted Ilic Ci1y of
Chicago has a similar prognm. \\ilh I Deportment ofHOUling completely scpara1c from the Housin g
Aul.bority, and they also use lhc CDBG funds and HOME funds lo provide hoosing through non-prolilS.
Mr. Bums coD\IDColed that non,orofilS arc a whole new area coming on board around lhc coumry . He
staled that be is SCl\ing on a task force to examine lhc non-prolilS and w I lhcy arc doing. He
maintained a city can do some \'C')' "interesti ng lhings" producing housing "ilh thcsc typCS of fund s.
using non-profiis. and ii mighl be somclhing else for Englewood 10 consider. Mr. Bums staled he
supported lhc appro,-al of the agrccmcnl and ,lddcd !hat thc City may be able lo do some \'Cly inno,,ativc .
new lhings wilh lhc funds . Discussion ensued.
lll&lewoodCltyC-8
J•ly ti, 1994
Pase 12
Council Member~ .... lioeed wbdbet the inlaglMnlmclllll agrccmcnt wiU P""lude following
up on the ljJprOKh u ...,...i by Cauncil McmlJet Burm. Mayor Galley .. led it will not
Council Member Habcaicbl ...... 1h11 Mr. Mencl COIDIDCIII on the -in the Council
Communication, under rUWICial Impact, that the City "p""idcl llnancing for the 11a1r """"581)' to I
execute the Housing RcbabiliLllion Program ." Director Merkel SlalCd the City 's program has alwa ys bee n
structut<d this way. Basically, the City UICI the funds from the fedcn1 a>BO ID actually fund the bome
improvcmcnls and the City• IDIICbod. with Gcncn1 Fund monies, funds for hiring the D<aUBJY
employees. Howrn:r this yar, ho pointed oo~ lllalr is proposing one addltional staff pcnon In the 1995
Budget to ho funded from the CDBG , u there arc rchabiliwion funds available from previous ycan
creating I backlog much ...... than IIIUII . Mr. Mend confirmed this.,._. will ho subject ID micw
in subloqucnt )'t3B.
n,c City Clerk was asked to rtad Council Bill No. 42 by title:
COUNCIL BILL NO. 42 . INrRODUCED BY MAYOR GUUEY
A BILL FOR AN ORDINANCE APPROVING AND AUTilORIZING 1liE EXEClITION OF A TmEF.
YEAR INTERGOVERNMENTAL COOPERATI AGREEMENT FOR 1liE ARAPAHOE COUNIT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS BETWEEN 1liE ARAPAH OE
BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD .
MAYOR GULLEY MOVUI, AND IT WAS SECONDED, TO APPROVE AGENDA ITE 1 12 b -
COUNCIL BILL NO. 42.
Ayes :
Nays:
Motion carried.
Council Mcmben Hathaway, Vormittag. Wiggins, H:ibcnicha,
Waggoner, Bums, Gulley
None
(c) Acting Director Gryglcwic:z prca:nlcd a rccommcuda1ioo from the Dcpanmcnt or
Financial Services to adl,pt a rcoolution appn,prialing funds from the 1994 Budget for rcplaccmcnt of the
water line at Santa Fe and Union Avenue in the amount of$265 ,000.00 . He explained that the funds arc
available from unapproprialal retained comings.
Tho resolution was assipcd a DWDbcr and rtad by title :
RESOLlITION NO. 68 , SERIES OF 1994
A RESOLUTION AMENDING THE APPROVED 1994 BUDGET AND APPROPRIATING MONIES
FOR 1liE CITY OF ENGLEWOOD . COLORADO.
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 c -RESOLUTION NO. 68, SERIES OF tm.
Motion carried.
Ayes : Council Mcmbcts Hathaway. Vorminag. Wiggins, Habeni cht ,
Waggoner, Burns, Gull ey
Nays : None
(d) Acting Director Gl)'glC\\icz presented a recommendation from the Dcpanmcnt of
Financial Services to odopt a resolution amending the 1994 Budget by appropriating funds from the
unappropriated fund balance in the Public lmpro"ement Fund for financial changes associated "ith
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laJlewo,d Clly ~
JIiiy 11, 1"4
.... u
Belleview and BroodMy sidcw1llk claligna. He l4¥ied 1h11 thc Be'deview iidowalk Dcsi:.,n Contract ,.;u
lncra,c by $4$0.00 and thc 8-11)' Si~ Conlrll:I wiU lrv_,,. l,y $3,615.00.
The !<SOiution wu assigllOd I number and r.-...1 by <ltk
RESOL\JTION NO . 69
SERIES OF 1994
A RESOLUTION AMENDING THI! APPIIOVS, 1994 BUDGET AND Al'PROPR!h '1NG MO NIES
FOR THE CITY OF ENGLEWOOD, COl;ORAI)().
COUNCIL MtMBER WAGGONER M,f)VEll AND IT WAS.SECONDED, TO APPROVE
AGENDA ITF,M NO. 12 4 · R£SOLUTION NO ~9, SEIIRS QF 1994.
A~: CoonciJ Mcmbr.r .: !utbsway, VonnittA ~ Wiggins. Habenicht,
Wagrr:r, Ilium. Gulley
Noyl.· Nol!!>
Motion~
(e) Di"""°' G,yglcwic:z pn,ac,MI a -~!Joo frofa thc Dcpanmcnt of Financial
Services to adopl a rcsolo:Sioo transr,;,,iQ lliDds from u,~ Public lmr10\'Clll<'nl and Surplus and Deficiency
Funds and appropriating •btlll in h>iug vislrit! N111U. 19. JO, JI . and 32 for the P")'ltlCnt of bond
principal and inlmst.
The !<SOiution was assigned a number and ..ad by ti~e:
RESOL\JTION NO . 70 . SERIES OF l'IS4
A RESOL\JTION AMENDING THI! APPROVED 1994 BUDGET AND APPROPRIATING MONIES
FOR TIIE CITY OF ENGLEWOOD, COLORADO.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 12 e • OLUTION NO. 70, SERIES OF 1994.
Council Member Hathaway requesled the City institute practices \\ithin the Dcpanmcnt of Financia l
Sc"ices and perhaps the public implO\'CmCnt of fund aca>unting 10 make sure that this docs not happen
again . She Slated tltal she finds it "appalling" tlW Pa,,ng District No . 19 is ten year, old and that thi s
was npt found earl ier.
Acti ng Director Gryg)C\\icz stated the procedures an: now ln place .
Ayes : Council Membcn Hatltaw.oy, Vonnittag. Wiggi ns. Hnbcnicht.
Waggoner. Bums, Gulley
Nays : None
Motion e&. .. "'1.
(f) Acting Director Gryglcwicz prcscntcd a r=mmcndalion from the Department of
Financial Services to adopl a rcsolutioa api;ropriltling various bond proceeds and calls. He stated that
during 1994 the City complclcd throe bond sales and one bond call . The Debt Scrvioc Fund (1994A
Refunding Bonds), the Water Fund (I 994B Refunding Bonds), the Golf Cour.;c (1994 Revenue Bonds).
and the 1986 Use Tax Bonds were impacted.
~CltyC....a
.hly II, 1994
••ael4
The n:oolutloa Will Uliped • awnber and read by title :
RESOL\TTION NO . 71 , SERIES OF 1994
A RESOLUTION AMENDING TIIE APPROVED 1994 BUDGET AND APPROPRIATING MONI ES
FOR TIIE CITY OF ENGLEWOOD, COLORADO .
.COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE
AG[ND·A ITEM 11 r • RESOLUTION NO. 71, SERIES or 1994.
Ayes : Council Mcmbcn llalbnay, Vormiltag. Wiggins, Habcnichl.
Waggoner, Bums. Gulley
Nays : Nolle
Motion carried .
(g) Acting Dircclor Gryglewicz pr<SeDl<d a recommendation from lhc Department
ol'Financial Services IO adopl I bill ror an ordinance approving an ln1crgm-cmmcntal Agn,cmcnl "ith
Anpahoc Counly lo hold a a,onlioaled cla:tion in No,-cmbcr o( 1994. He noted Iha! Council • .,proved a
similar onlinana: aulhori.zing an lntcrsovcrnmenlal ~• bet,,,.., Anpahoc Co:·nty and 1he City or
Englewood for tbc 1993 Coonlinaled EleclioD. Mr. Gryglcwic:z advilcd lhal lhe agn,cmenl has been
mic:wod by the Cily Clclk and City AnOCIIC)''s oll'ic:c.
In n:spnnsc 10 Council Member HabcnichL Mr. Grygle,>icz coofirmed lhal Arapahoe Counly has also
miC\\'Cd lhe agn,cmcnl
The City Clerk was asked In read Council Bill No. 43 by title :
COUNCIL BILL NO. 43, INTRODUCED BY COUNCIL MEMBER HABE NICIIT
A BILL FOR AN ORDINANCE APPROVING AN OOERGOVERNMEm' AL AGREEMEl<T
BETWEEN ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND TIIROUGH TIIE
ARAPAHOE COUNTY CIDK AND RECORDER AND TIIE CITY OF ENGLEWOOD TO
::ONDUCT A COORDINATED ELECTION ON NOVEMBER 8, 1994.
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 c · COUNCIL BILL NO. 0.
Ayes : Council Membcn Halhaway, Vormiuag. Wiggi ns, Hobcnichl.
Waggoner. Burns. Gulley
Nays: None
Motion carried .
(h) This ilcm mavcd forward . Sec page 2.
(i) Dire ·r Eslcrly prcscnlcd a rccommcndalion from lhe Dcpartmenl of Public Work s 10
.:rlopt a bill for an ordinana: opprO\ing an lnlergovt!'.'uncnlal Agrccme nl "ilh lhe Cily or Li1tle1on and
lhe Soulh Suburoan r ark and Recreation Disuict 10 jointly dcvt:lop and fund • Ir.Iii sysiem along th e Bi g
Dry Creek channel. He staled Iha! lhe City of Liltlctoo applied for federal funds for lhis projce1 und er the
lnlcrmodal Surface Transportation Efficiency Act (!STEA). Woml3l appro\'al or lhc Cily ma1ch 11Tis
obtai ned in previous discussions with Council. Mr. Esterly advised lha 1 Littleton, South Suburban nnd
EnglC\\OOCI participated in a planning SIUdy, prq,arcd by Uroan Edges lncorporalc1. to dcvcl op a
co ntinuous trail sySlem and Iha! Sludy has been available for some tim e.
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J:1&kftod City C-11
July ti, 1994
P■aet5
Council Member Wigiu -■led 1.1111 ho IIOliced that the Council Cororn11oic:a1ioo under Financial Impacts
indiCIICI thal South S--., will be Ible IO alllct I portion o(l!qlewood'a $40,000 •hire. He
qucationod Mr. l!slerly u to the dq>-tldlbllil)' o( South SubwtJ■n 111d ukt<I thal ho elabol'lle on 1hc
sta1cmen1 lhal "firm fin■ncial comnuuncnta have IIOI yet bee n obtained." Mr. Esterly responded lhal the
bCll counc o( action 10 pursue la that that off'lcl will DOI occur and if ii docs ii will be a windfall lo the
Chy.
In respoDIC I0 Council Member Hlthlw■y , Mr. Esterly c:oalirmcd that the City 's shire is capped al a
ma.,imurn of$40,000.00.
Council Mernbcs Habcrucbt IW'ld 1h11 the City hu bad ., m■ny "IW<dhcart" dcala with South Suburban
lhal she would really like 10 ICC SC>rnc commilmctll on lhcir ))111 lhal Ibey would take on a porti on of th is
cost. Sho poinlul OUI 1h11 Ibey r n, locating a n,giooal park facility in the City of Englewood nnd nothi.ng.
other than the~O.. oCbavi.og a park within our City, will accnic 10 Englewood 's constilucncy. She
poinled oul Iha! Englewood citizens will not be afforded any n,sidential pn,fcn,ncc. as"~ do 10 lhc cities
in which we have our facilities loratcd. She stated she believes in cooperati on and bc.iutificmi on, howcvt:r
she h.,s some c:onc:cms wilh the siuwion.
Council Member Hathaway noted thal ii was not South Subwban lhal appl ied for th e f11nd s ori gi nall y, 1li,1
ii was the Cil)' or Linlcton.
The City C'!crt was asked to rad Council Bill No . 45 by title :
COUNCIL BILL NO. 45 , INTRODUCED BY COUNCIL MEMBER HATHAWAY
A BILL FOR AN ORDINANCE AUTHORIZING AN INTEROOVERNMENT AL AGREEMENT
BETWEEN THE SOlJrn SlDURBAN PARKS AND RECREATION DISTRJCT; THE CITY OF
ENGLEWOOD, COLORADO; AND THE CITY OF LITTLETON REGARDING FUNDING OF A
PEDESTRIAN/BIKE TRAIL ALONG BIG DRY CREEK.
COUNCil. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED , TO APPROVE
AGENDA ITEM 12 (I) -COUNCll, BILL NO. 45.
Mayor Gulley stated that she his a philosophical agn,crncnl with both Council Member Wiggins and
Council Member Habcnichl as far as whal the City of Englewood gives and whll we do not get 1hrough
South Suburban. Possibly , because ii is Liltlelon·s park system and this did origina1e "i lh LitUcl on ,
perhaps some leverage can be cxercisr.d tluough Littleton with Soulh Suburban 10 try and get n,on,
cooperation.
Mr . Esterly responded lo Council Member Waggoner 's concerns regarding the ali gnment. Mr. Es1crl )
stated lhe alignment has not been finaliud.
In response 10 Council Member Vormiltag. Mr. Eslcrly rrovided a brief synopsis of the proposed plan an d
~IC financial commitmcnlS . Mr. Esterly staled thal a large portion or the cn 1i rc projcc1 is locat ed in
Englewood and il will nitcJy benefit the City 's residents by providing connections to 3 maj or trn il
~stem . Discussion Cn9.lcd
Council Member Hathaway poin ted 001 lhal the !rail will also provide a din,ct aa:as 10 1he Hi ghline
Canal Trail wbicb docs not currcnUy exist and ii allO\\~ pedestrian aa:css under S.'lnta Fe .
l~CltyC-U
JIiiy II, 1''4
, ... 1,
Cow,ci l Member w._ ..-.,..1 the comi,lcdoD dale. Mr. Ellcrly IWcd the first portion should be
under design this year and k 11111 F IO 00IIIUuCUOD ill 1995 for the portion in Littleton, oot lhc portion in
Envewoocl l!np:,,ood'1 panicm will«-la ..i-a-)'Clrl.
Council Member Habenicht llalal • ,uppons the pn,jcc:t, bowovcr she bas some concerns in terms in
how the City is dealing \\ilh Scuth Suburt>an . Sbe questioned whether there is any urgency in appro,ing
the agrccrncnt al this time. Mr. Eacrty swcd that there is an urgency, u the federal funds need to be
oblignted before the end of this fital year. All Qaobor I, 1994 ls the beginning of thc federal fiscnl yc:,r,
a consultant contract mUSI be cnten:d into before that date.
Council Member Hathaway added 1h11 DRCOG w!U VOie on this Issue Wednesday concerning u,e
Mountains and Plains Pcdcstriall Bicycle Plan that is an clement or the ISTEA funding proo.-ss .
Council Member Vo,,..i11ag asked if this Is a ·-it or looc 11• situation. Mr. Esterly responded
affirmatively .
Council Member Habenicht asked tlw. in the futun: when the City becomes invol\'ed \\ilh South
Suburban, that SlalT\\t>Jt diliga,tly to oblain a responsible commitment from them up front .
Vote results :
Motion carried.
Ayes : Council Mcmbel1 Halhawoy, Vonniuag, Wiggins. Habcni ~ht ,
Wauoncr, Bums. Gulley
Nays : None
(j) Director ~ prcsallcd a ruommcndation from the Dcpanmcnt or Public Works to
adopt a bill for an ordinana: placiag an item on No\-cmbcr's clcclion ballot. submitti ng to a vote of the
regiSlered elccton or the City ol Englewood the sale of bonds to fund the assessable porlion or Concrete
Replacement DiSlrict No. 199S . He stated lhal Conaele Replacement District No . 199S is scheduled for
construction during the IUlDIDa ol 199S, funding for the City's portion of the project in the amount or
approximately S32S,OOO.OO is prnposed in the 199S Public lmpl'O\'tlDCnl Fund budget. Fuoding for the
assessable porlion in the approximate amount of S-130,000.00 ,.;11 be prO\idcd by the s.,lc or special
assessment diSlrict bonds pending tbc outcom< of the NO\-cmbcr election or by special assessments or tire
adjacent property owners without benefit or a rq,aymcn1 program.
The Cil)' Clcrt was asked ID n:ad Council Bill No. 44 by title :
COUNCIL BILL NO . 44, INlllODUCED BY COUNCIL MEMBER WIGGINS
A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF 11lE REGISTERED ELECTORS OF
TIIB CITY OF ENGLEWOOD AT TIIE NEXT REGULAR MUNICIPAL ELECTION A PROPOS ED
SPEC IAL IMPROVEMENT ASSESSMENT TAX TO BE IMPOSED UPON THOSE PROPERTIES
'lllA T HA Vil CONCRETE THAT DOES NOT MEET MINIMUM CITY ST AND ARDS AND ISSU E
BONDS FOR SAID PURPOSE AND AlT!llORIZE DEBT TO PAY FOR 11lE IMPROVEMENTS.
COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM NO. 11 J • COUNCU. ■ll.L NO. 4-1 ,
Ayes: Council Mcmbel1 Hathaway, Vonnittag, Wiggins. Habcnichl
Waggoner. Bums. Gulley
Nays : None
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11:allcwood City Coudl
J■ly 11, 1!194
Pqel7
Motion carried .
(It) AssilitAnl City Manager Reid p"""nted a recommendation from the Ci1y Manager's
Office 10 adopl a bill for an ordinance -DYin/1 an IDlcrgD\'CnllDCnlll Agrccmcn1 with City of Sheridan
for cost associated with South Santa Fe Drive b.,orovcmcnts. He explained that the agrccmcnl .. ssigns
costs for the improvements on South Santa Fe l'):;,,·e. lo June of 1993 Council approved in conc:cpl the
$60 ,000 .00 loan for the City of Sheridan to pay for the lighting im pro \'ements recommended by lh c Tri -
City Planning C'.ommlssioo. The $6(),000.00 loan wu included in the adopted 1994 Public Imp rovemen t
Fund budget. On August 10, 1993 the Sheridan City Council approved the lntergovcmmcntal Agrccm cnl
that detailed the loan arrangcmcn~ which obligates Sheridan to repay Englewood $12 ,000 .00 a yea r for
the next five years. The lotagovenunental Agrccmcnt is DOI cuncntly valid because it needs Ill be
accompanie<I by an ordinance and approwd by City Council . Mr . Reid statal that passage of th is
ordinance is best described u a bousckccping item and will assist in the rcdcvclOJ>mcnt of South Sama Fe
Drive. The City of Sheridan is in a position 10 make a $12 ,000 .00 payment at this tlme .
The Ci ty Clerk was asked to "'1111 Council Bill No. 46 by title :
COUNC IL BILL NO. 46, INlllODUCED BY COUNCIL MEMBER BURNS
A BILL FOR AN ORDINANCE AlJl1iORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN 1llE CITY OF ENGLEWOOD , COLORADO AND 1llE CITY OF SHERIDAN
COLORADO Wl1ll RESPECT TO 1llE FINANCfNG OF MEDIAN LIGIITfNG ENHANCEMENTS
ALONG THE SOUTH SANTA FE CORRIDOR.
COUNCIL MEMBER BUllNS MOVED, AND IT WAS SECONDED, TO APPRO'.'E AGENDA
ITEM 12 (k) -COUNCIL BILL NO. 46.
Counci l Member Wa goner suggested the money might be belier spent on landscaping and install
standard lighting as opposed to special lighting.
Malian carried .
Ayes : Council Mcmbeis Hathaway, Vormittag, Wiggins, Habcni clll ,
Bums, Gulley
Nays: Council Member Waggoner
13 . Geaeral Di,cuuio■
(a) Mayo(s Choice
I. Mayor Gulley welcomed City Manager Clark and thanked Mr. Stu Fontla fo r serving as Acting
City Manager.
(b) Council Mcmbe(s Choice
(i) Counci l Member Hathaway :
I. She offorcd a resolution supporting the City of Sheridan 's desire for the co ntinuatio n of a full y
accessible int ersectio n or interchange at U.S. 285 and Lo\\'Cll Boulevard/Knox Court for Council 's
consideration .
The resolut ion was ass igned a Qumbcr and read by ti1Jc :
Ea...,._ City C....U
July 11, lffl
Peae II
JlESOLlJT1 ON NO . 72 , SERIES OF 1994
A RESOL\TT1ON OF 1llE CITY OF ENGLEWOOO, COI.ORADO SUPPORTING TIIE CITY OF
SHERIDAN'S DESIRE FOR 1llE CON'relUATION OF A FUU. Y ACCESSffi LE ltn'ERSECT IO N
OR ImERCHANGE AT U.S. 285 AND LOWELL BJ .VD ./KNOX COURT.
COUNCIL MEMBER. HATHAWAY MOVED, AN D !TWAS SECON DED, TO APPROVE
AGENDA ITEM 13 (b) (I) -RESOLUTION NO . 72, SERIES OF 1994.
Council Member Waggoner llaled it wa biJ undcnunding that the tnnsportation plan for tlc11 co rridor
alJo"• for only two interchanges in that specific area and this will make three.
Council Member Hatha"")' stated that in discussions Sheridan has had with DRCOG stall; in an attem pt
to keep this in the 20/20 plan. the potential of a third inten:hange was discussed. She advised 1lc1 1 the
Ci ty of Sheridan is just asking to keep th, intenoction/interchange in the plan .
Discussion ensued.
Council Member Waggoner sated that this proposed intcn:hangc will not sen-. Englewood 's nonhwcst
area.
Council Mem ber Hathaway exp lai ned tha t thi s is a philosophic,) suppon of Sheridan 's desi re to continue
in the plan.
Dirce1 or Esterly sated that the cru., of the issue seems 10 be a City of Denver soo thwest 1ranspona1ion
Sludy. The study indicates that Denver would like an O\'Crpas5 at l.o\\'CII BJUJO\-ard \\i th no int cn:hange
\\i th the highway, and Sheridan -I full inlen:bange, IIC( just the overpass. lie noted that th e issue
seems 10 be between the City ofDen,-er and the Ci ty of Sheridan, and COOT is ""'tral on the iss ue .
In n,sponse to Council Member Waggo;>er, Mr. Esterly staled he does not feel P3"'3ge of this r:so lution
,.;n affoct En glewood's plan 10 pm,jdc service lo the oorthwest area ofEnglO\VOOCI.
Council Member Wiggins sated that he cannot support the proposed resolution. He pointed out that the
intersection of Lowell Boulc:wrd/!(nox Court and U.S. 285 is the biggest bottleneck on the highway, as
onl y 4% of the vehicles actually cn,ss going from Koox Court to Lowell and they arc lyi ng up 96% of th e
traffi c oo U.S. 285 . He added that the intersection is a major accident location bectusc of the lcfi tu rns in
the area. Mr . Wiggins disagreed \\11~ the sa1cment in the proposed resolution that emergency respo nse
requires aa:css to U.S. 285 from Lo\1-ell Boulc:wrd/Koox Court and that lock of suc h access wou ld res ult
in a high likelihood that lives would be lost because: of drastically increased n,sponse times . He sta ted his
opinion that eme rgency ,-chicles \\i ll use Federal , the most obvious, expedi tious route . Mr. Wi ggi ns sta ted
he agrees ,.;th the Highw.iy DeparJncnt that the area should be an ingress. egress to get on and ofT, but
not as a cross-o\'er .
Cowx:il Membe r Habenicht sated she has a cona:m based on the co mments made by Co unci l Me mbe r
Waggoocr and Director Este rly that there is the potential for lhrcc int erchanges or in terscc 1io ns. one of
whicb would really serve our oommunity and this one is sort of secondllry . She stated she ca n sup po n th e
proposed rc:solution in the spirit of cooperation but she would like to sec some so n of proviso thnt the Ci ty
of Englewood \\111 support thi s secondary to the interchange al Bmdy.
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l■ .... ood City Cou■cil
July 11, 1994 .... "
Council Member Hathaway 11-.1 tbal Ibo Bnldy i.alcrcballgo is already In the 20.'20 plan u a flnn
commilmall. She ,dia.ted tbal Ibo propo!lcd raolutlon rcquaU thal Or.COG ,ontinuc to maintain tl,e
Lowell Boolcvard.",{nox Court intcr,cctioa/intcrchangc in the 20/20 plan .
Council Member Habenicht c:q,r,,'1cd conc:crn tbal ii both rcqucsU aro in the plan the priorities ca n
change.
Discussion ensued .
COUNCIL MEMBER BABf.NICHT MOVED, ANO IT WAS SECONDED, TO AMEND
RESOLUTION NO. 71, SIRIIS OF 19S4 TO ADO · WRlllAS COUNCIL SUPPORTS THIS
ITEM SO LON(;• AS THE INTl:RSECTION AT BRADY COURT REMAINS IN THE 20120 PLAN
AS PRIMARY CONSIDERATION.
Motion carried .
A)'c.•: Council Molllbcn lut\away, Vonnittag. Habenicht. Wa ggo ner,
Burns. Gulley
Nays: Council Member Wiggins
Vote results on Resolution No. 72, Series of 1994 as amended :
A)'cs : Couoci l Membcn Hathaw•y. Vonniltag. llnbcnichl . Bunts
Nays : Council Membcn Wiggins. Waggoner. Gulley
Motion carried.
2. MJ. Hathaway propo!lcd that Council diff<:t Libruy o;roan, Long. as put of the 1995 Budget
pro=s. to iovcstigate the possibility and lcplity of donating Ulc bookmobile to lhc Englewood School
Di strict for their use . She..,,, r<quCSUd that Mr. Long look Ullo lhc possibility of using the funds , from
the Rocky Mountain News fund raising dTort. for funding of the operatio n of the bookmobile during th e
school year.
Mayor Gulley suggested that. in addition to City Manager Clarlt working with Director Long on tho issue ,
that it would be appropriate for Council to mcct with the School-Ci ty Joint Comrni ucc to discus, the
option an<! dctennine ii the suggestion is feasible.
(ii) Council Member Wicgins :
I. H~ "-jucsted that Code Enfon:cmcnt invaligate problems with weeds and dcrolict ve hicl es at
4901 South Dclaw.ire .
2. He asked Diroctor Fonda ii the taste uf the water ~.u changed since the Plane River is extremel y
low . Mr. Fonda staled he has not bad any complaints.
3. He advised Code Enfon:cmcnt that there arc \\=Is four and a half lo fi"c feel high at the old Si lo
propc ny,just south ofl.a Peep . Dinctor Merkel staled the propcny has just ha,• pos1ed . They have fi ve
days 10 comply . Mr. Wi ggins commented that the City's acti on has been a little sl ow .
4. He asked if the llllin dcpo( is in the process of moving. as the doon appear 10 be open . Mayo r
Gulley stated construction activity is occurring at this time . Discussion ensued .
(ii i) Council Member Habenicht :
la&lcwoedl::ltyC...,.U
hly II, lffl
PaaelO
I. She COl1IIDCllled 1h11 the ,_ nx:ent baie ol tbc Clly Brief■ ia particularly fine and she Is
cspocially improsaod with the Code l!nwcancal anlcle. whicb ■he found to be infonnativc and po>i tl ve.
2. She commented that u the Cily allcmpU to hold the 11ighway Department accountnbl e wh en they I
an: affecting the City'■~ she foll the Clly sbouJd do the same. Ms . Habenicht staled Ullll rhe
had an occasion to visit La Poepc for lunch lasl wcclt and she could not get into the n:staurnnt , as Sou th
Jason Street was tot.ally closed. She complained that the area was not l)C)Sled and the busin ess was no t
nd,,scd . She acknowledged that the Ciry has a heavy workload and stalT is limited , but she n:qncsted thnt
businesses be advised in advance If the ir operation ,.;11 be aJTctled .
Council Member Hathaway pointed out that it might bave been an emergency n:pair.
Additionally, Mayor Guilt)' commented that the City was assun:d. belon: the Santa Fe project be ga n, th at
then: would be adequate signagc to diroct tnffic to the odvcncly aJTct1ed businesses. She stoled she docs
not feel the promised signagc is c!Tccti,-c, particularly the -..-.n:house an:a, in app ro,imnt cly the 3300
block of South Santa Fe. She complained that lhcre arc businesses io the Rob Roy area th.11 arc becoming
mon: and mon: isolated. She n:qucsted stalT check into the situa tion and stn:ssod the importance of
Council remainin g cognizant oflhc situation.
(iv) Oluncil McmlJer w__,
I. He questioned when Council will be receiving the n:pon of complaints r=ived regarding the
Building Department Mayor Gulley suggested Council meet Mth Ciry Manager Clark to micw the
situation. Diocussion emuod. Director Fonda ldvisod ofmcctlngs between the Building Dcp.vtmc nt and
Co mmuni !; Develop-to address the issues, Iller which stalT-..ill contact EDDA to follow -up wi th
their cooccms and work to dc\-clop a rcsolutioa.'conllict approach to the issues.
2. He asked how Council intcndc<. to respond to John Wise 's compl ai nt. Mnyor Gull ey stnt ed Mr .
Wisc brought up some very good points and it needs to be researched . Lengthy di scussio n ensued . City
Manager Clark staled then: arc SC\,"Cral iSSIICI involved and he Mlvised Council of their options.
M Council Member Bums :
I. He :ommcnted that he is hopeful that the information he obtained from the Nationa l Association
of Hous ing and Rcdc\-clopmcnt Officials Confcn:na:, which he attended in Chi ca go, \\i i: ai d the Ci ty in
doi r.g some in.,ovati,-c things to provide housing in Englewood.
2. He advised that the DRCOG light rail vote is scheduled for Jul y 20, 1994 . Mr. Bums noted tha t
last week the Ciry or Arvada ,-otal to not take a position on the issue and the Ci ty of Thornton postpo ned
thei r vote and they ,.;11 not meet again until after the light rail vot e is taken . He feel s that these citi es nrc
rcm.1ining ne,ible at this point rather than dogmatic .
14 . City M1.aager'1 Clloi«
(a) Ciry Manager Clark th.inlced Council fo r the opponun ity to se rve the Ci ty of Englewood
an1 pled ged 10 scr\"e Council and the citiu:ns well .
IS . City Attorney '■ Cboicc
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~ ....... City Couadl
.holy 11, 1"4
Pase 11
(a) AssiSW1t City "ttorney Brouman rcq.-..S Council's dirtetion regarding th e
Intergovernmental Agreement format, receiving the actual a,ntract in ii. entirety as opposoo to a
summarization. Council Vr'3S supportive o( receiving the entire contract for approval .
16. Adjoummeat
COUN L MEMBER HA TBA WAY MOVED TO AD,I OURN . The meeting adjourned at 10:32 p.m. I