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Home My WebLink About1996-06-17 (Regular) Meeting Agenda• ··-----~-------~-----,---------- • • . . .. • REGULAR CITY COUNCIL M££TING JUNE 17, 1996 ORDINANCE I 'J',, ~, 28, 29, 30 RESOLUTION I,',~, s/, ~, ~, S3, S4, SS, S6, S7 ,. . ' •. . . • .. 0 • I. 0 '32xl • • • ,~ • \, ENGLEWOOD CITY COUNCIL ENGLEWOOD,ARAPAHOECOUNTY,COLORADO Replar Seaiaa J•ae 17, 1996 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bums al 7:34 p.m. 2. l•wcatioll The invocation was given by Council Member Wiggins. The Pledge of Allegianoc was led by Mayor Bums. 4. ..ca11 Present : Absent : A quorum was present . Also present: S. Miaata Council Members Hathaway, Clapp, Wiggins, Habenicht, Vonnillag. Waggoner, Bums None City Manqcr Clark Cily Anomey Brouman Aaillalll lO the Cily Manqcr Grace Dcpuly City Clest Castle DiftlCIOrEslerly, Department of Public Works (a) COUNCIL MEMaER HATIIAWAY MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES or THE llECULAR MEETING Or JUNE J, 1996. Ayes : c.ouncil Members Hathaway, Vonnittag. Wiggins, Habenicht, Wagoner, Clapp, Bums Nays : None The motion carried . 6 . SdledllW Vililon (a) Warner Dounay presented to the City I ln>lley bell believed to have bClcn UIDd oa Chcn'Clyn Horsccar No. 3 . He said that he and his wife. Bcuy, would like IO give it IO the Cily 10 U1C as the)' sec fit He advised 1h11 ii was from John Rololo' 1 aillcclion. (b) Stanley Dial. 6052 South Chenywood Circle, Anlpahoe Counly, former City Maaa,er of the City of Englewood. presented I hoc* of hillorical sipificancc 10 the Cily. Mr. Dial illllnac:d Council that he served as City Manqcr from 1962 to 1974. He said the IIOlcbom -prelellled to llim wllea he • . ' • • Englewood Cily Council June 17 , 1996 Page2 ,. • • • left the employ of the Cily and ii characteri7.CS Iha! twelve year period. He recognized his wife, Jean, who was in the audience. Mr. Dial told Council Iha! Englewood has always held a special place in his heart and he wished Council well . He gave the book to Council Member Waggoner to present, because be was instrumental in pulling the book together in 1974, using his leather making ability to create the cover of the book. Council Member Waggoner presented the book lo Din:ctor Long to place in the historical archives of the Englewood Public Library . Mr. Long thanked both Mr. Dial and Council Member Waggoner. (c) Dave Paschal and Orion Hunter, members of the Board of Directors for the Englewood Historical Society and co-chairmen of the Depot Museum Restoration Committee, provided Council with an update on the Englewood Depot Mr. Paschal thanked Tom Monds and the Englewood Herald for their continued suppon in the newspaper, and then covered some pieces of history regarding the depot. He related that the depot, which will soon become a community museum, was built in 191S, and is unique because it is of the county scat style of architecture. He said that only thiny-four or these buildings were built and only two remain today . The depot gained recognition last year from the State and is on the State registry as a historic building and is now a candidate for a Federal historical building. He advised that a grant in the amount ofSI00,000 has been m:cived from the State for restoration. as well as a SI0,000 matching grant from the volunteer firelighters. Mr. Paschal said that some people are conc:emed about the speed with which the building is proceeding. He said that a lot of research and time are involved in following the specifications set by the State. Orion Hunter said one positive thing that has happened is a joint effon between the Englewood Historical Society, Hank Long of the Englewood Public Library, and the Englewood Housing Authority to put together the grant request in an cffon to obtain funding for the restoration of the building. Once the $100,000 grant request was awarded. the State Historical Society provided a manual of rules and regulalions regarding how the money can be spent. A contncl has now been entered into between the Englewood Historical Society and the Stale Historical Society . The State requests DOW that the Englewood Historical Society a,mply with eight requiremcnlS. referred to by the Slaae as producls. The products that have been accomplished. be said.. include submitting the advanced paylllClll roqucll form, which advanced them $30,000 of the $100,000, as well as participllling in an OAHP IXllmlllalio8, and submitting construction documents and plans and spccificaliNs. Mr. Hualer opined that this is one area in which they have been very fonunatc. in that the Housing Aulhority has been bind to aaill widl construt1ion managcmcnt . He said this has been an cxcdlcnl anaDICftlCIII and comintedrd Paul Malinowski and ~ <>mum. as well as the rest of the Housing Authority 1111ft'. Pnlduc:I aumber four is the before pholos and producl number five, which.. be advillCd. is the ma pn,duct tbul far prodiad, is u interim Slalus and financial report to the State Historical Society . Mr. Hunlcr -a on to dcsc:ribc thc newly replaced depot roof and guuers and other repairs. He stated that the project is coming in Wider budge(, thanks in great pan lo the help m:cived from the Housing Authority . Mr. Hlllller delcribed Olbcr contributions that are being made by citiz:cns and local busineacs to the depot effort. He cxpraml gratitude for the support of Council. cspccially Coullcil Members Vormittag and Hathaway, and thulied Council for the opponunity to share the progress rq,on . Mayor Burns asked when ii is anticipated that mff'lcieal funds will be iucived that the project will be completed to the point where a tenant can locate there and 111111C sort of cash flow created. Mr. Hunter responded that he would prefer DOI 10 answer too clefiailcly . He said thal. in a meeting with the Housing Authority on April 24. 1996, ii was requested that they submit a time line and a budget . He said the8c are in the works and will be ready by the June 26. 1996 deadline . He advised thal they have been in contact with a professional fund raiser out of C&lifomia who is very competent. G11111 roots fund raising will be continued, with the goal being to totally finish ii o« and pay the Housing Authority back the lMmY the Historical Society owes them, which, he said. they have graciously cX1CDdcd for anOlbcr year. Mr. Hunter said they are thinking of bringing in the professional fu11d raiser lo help orpni1.e their efforts . ..... ... • - - • • Englewood City Council June 17, 1996 Page 3 . . • • • \, .• Mayor Bums commented that it sounds like they are stretching their dollars pretty well. Council Member Vonnittag asked if they plan to take all the old stucco off, or just go over top ofit. Mr. Hunter said some will be replaced and some repaired. Also responding to Mr. Vonnittag. Mr. Hunlcr said they hope to be open within a year. Mayor Bums expressed appreciation for all the hard wort on the project. 7. Noa1elleduled Viliton (a) Karen Floyd, 344 East Highline Circle, Uttleton, spoke on behalf of the Junior Chamber of Commerce regarding a dunk tank fund raiser. She advised that the proceeds will be split with the City for next year's fireworks display. She reminded Council that she came before them previously to ask for participation in the event, receiving support at that lime from Council Member Hathaway. Ms. Floyd displayed a flyer created for the event and asked for Council's support before distributing them. Council Member Vonnittag volunteered to participate in the clunk tank. Ms. Floyd left a sign up sheet and flyer for Council and thanked them for their participation . Mayor Bum thanked Ms. Floyd for her help. (b) Gary Kozacek. 1260 West Oxford Avenue, spoke on behalf of the Colorado Wildcals . He advised that a visitation game has been scheduled with the Salt Lake City amateur football dub on July 6, 1996. He expressed concern over the parking restrictions around the high school and requcsmd that Council waive the parking permit requirement up until 10:00 p.m. oa that date. He said the eveat will run from 6:00 p.m. until 9:00 p .m . He advised that the Englewood Youth FOOlball AIIOCillioa will benefit from the concessions sold at the event, and thal two policelllal will be hired to help witb the pme. EIIICfFIICY Medical Tecbnicians (EMT) will be there. also. Council Member Habenicht said it is her rccollcctioa that there is a specific pnx:edule ia place for ad illllaDCCS. but -unsure what the pn,toeols are . She felt dill Coucil aaioa llliglll aol be n,qllin,d. Mayor Bums asked Public Works Director Esterly what the pn,cess is. Mr. Esacrty 1espoaded dill there have been waivers in the past for events that look like they are goiag to exceed die putiag dill cxisu al the high school . City Manager Clark said there is a three-way agreement ~ Safety Savic:a, the high ICbool ud the sunounding neighborhood. He said this -cliscu-9 al the last aeigllbortlood WIIICh mcctinp when: resiclcnts expressed unhappiness thal they weic not given advuced aotice oftbeae cvalls. He Did there are -protocols whereby advance aotice will be given thnlugh flyers and the ICl!ools. He felt dlis is handled by the Department of Safety Servica. He Did he~ refer the mailer to the Dumar al Safety Servica al tomorrow's llaff' meeting to follow thruugh witb the ICbools and the neighbors. There were no communications, proclamatioa, or appointlllClllS. 9. ,.llllc Hearill& • . .. • --~----------------------~----------------------~------------~, • Englewood City Council June 17. 1996 Page4 No public hearing was scheduled before Council . 10 . Conaent Agenda • , . • MAYOR BURNS REMOVED AGENDA ITEM 10 (a) (ii) FROM THE CONSENT AGENDA. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (Iii), (Iv) AND (v) ON FIRST READING. (a) Approve on First Reading (i) RESOLUTION NO. 48 , SERIES OF 1996 A RESOLUTION AMENDING Tiffi APPROVED 1996 BUDGET AND APPROPRIATING MONIES FOR 1llE CITY OF ENGLEWOOD , COWRADO. (iii) RESOLUTION NO . 49 , SERIES OF 1996 A RESOLUTION ESTABLISHING Tiffi ANNUAL SALARY FOR Tiffi CITY MANAGER (iv) RESOLUTION NO . 50, SERIES OF 1996 A RESOLUTION ESTABLISHING Tiffi ANNUAL SALARY FOR Tiffi CITY ATIORNEY FOR Tiffi CALENDAR YEAR 1996. (v) RESOLUTION NO . 51, SERIES OF 1996 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR TIIE MUNICIPAL COURT JUDGE FOR 1llE CALENDAR YEAR 1996. Ayes : Na)'S : The motion canied . Council Memben Hathaway, Vorminag. Wiggins. Habenichl. Waggoner. Clapp. Bums None (ii) Director Eslerly was presenl lo discuss a recommendation from lbc Dq,anmenl of Public Works 10 award. by motion. a COIISlruction conuac1 for lbc repair and upgrade of lbc Clarbon Slreel Bridge. Mayor Bums oommenled lhal ii appears an error was made by Accurale Conmte SIIUClurcs, in 1ha1 lheir bid was shon SJ.600 . He said Accunle has asked lo be disqualified and lbc second bid appears 10 be considerably higher. He asked iflhere is any way of acxepling Accunle's bid and lhen spending lhe City 's money for lhe dilfcrence. lincc there is such a diffcreocc between lhat and lhe second lowest bid. Mr. Eslcrly responded lhal. when lhe bids were opened. Accunle's price was so off lhe average 1ha1 1he City started lalking wilh 1hem aboul whclhcr lhey rally 1houghl they could do lbc job for wbal they bid . Accuralc suggcsled 10 lhe City lhal they had some errors in lhe bidding procas and rcqUCSled lhe City award lhe conlract al a higher price lhan they bid ii. Mr. Eslcrly said Slaff's view of tbal was tbal ii would no1 be fair 10 allow 1hem lo come in u lhe low bidder and lhcn run their bid up . The Olher side of it. he said. is 1ha1 lhe City could have pulled lheir bid bond. which amoun1110 five pcrccnl of lhe work , bul ii was decided lbal ii would noc be wonh it Stair aaggated 10 Accurale lhat if 1hcy would like 10 wilhdraw lheir bid. lhe City would acxepl lheir wilhdrawal . ' • ..... • . .. I . 0 • • • <, Englewood City Council June 17, 1996 Page5 City Manager Clark asked if he had considered throwing out all the bids and re4>idding. Mr. Esterly n:sponded that there does not seem to be any reason to do that, sinoe the other bids are grouped in a price that is pretty reasonable and within the estimates the City had obtained. He commented that the Accurate Concrete bid looked out of line when it came in. Council Member Habenicht asked if Accurate has a wort history in the area . Mr. Esterly responded that they do not, and the City does not have much experience with them, either. Responding to Council Member Vonnittag, Mr. Esterly said that there will be repairs to the bridge nilings, replacing of blunt edge bridge abutments with metal guard nils, such as was done on the Broadway bridge. Mayor Bums noted that the bridge railings across from the Safeway Store are very rusted. He asked if that is the State Highway Depanment'sjurisdiction. Mr. Esterly said it is the City's, and stated that he will have it looked al Council Member Vormittag mentioned, also . the paint on the concrete below those bridges. Mr. Esterly felt that would be the responsibility of the Depanment of PaJb and Recreation. Council Member Waggoner suggested that staff might want to take a kd under the Broadway bridge, to which Mr. Esterly responded that this one belongs to the State. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) (Ii). A CONSTRUCTION CONTRACT WITH NEW DESIGN CONSTRUCTION COMPANY IN THE AMOUNT OF S.~,480 FOR UPGRADES TO THE CLARKSON STREET BRIDGE. Ayes : Council Members Hathaway, Vorminag. Wiggins, Habellicllt, Waggoner. Clapp. Bums Nays : None The motion carried. • •••• (b) Approve on Second Reading COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 18 {It) (I) AND ('Ii)· ORDINANCES NO. Z6 AND 27, SERIES or 1996. (i) ORDINANCE NO. 26, SERIES OF 1996 (COUNCIL BIU. NO. 12 . lNn.ODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AU1ll0RlZING AN EASEMENT AGREEMENT FOR JOOO SOU'J1f GRANT AND AN EASEMENT AGREEMENT FOR 3012 SOU11f GRANT FOR TifE CITY RIGHT-OF-WAY ON TifE CITY DITCH THROUGH B011f OF TifESE PROPERTIES. (ii) ORDINANCE NO. 27, SERIES OF 1996 (COUNCIL Bill. NO . 30. INn.ODUCED BY COUNCIL MEMBER HATHAWAY) ' . .. • • Englewood City Council June 17. 19% Page6 · ... • • AN ORDINANCE AUTifORIZING AN INTEROOVERNMENT AL LICENSE AGREEMENT BE1WEEN 11ffi ARAPAHOE COUN1Y BOARD OF COUNTY COMMISSIONERS AND 11ffi CITY OF ENGLEWOOD. COLORADO PERTAINING TO ARAPAHOE COUNTY CROSSING CITY DITCH Wl1ll FIBER OPTIC CABLE IN CONDUIT. Ayes : Nays: 1be motion carried. C-ouncil Memben Hathaway. Vonninag, Wiggins, Habenicht, Waggoner, Clapp, Bums None II . Onliauca. RaolutN1111 ud Motioa1 (a) Approve on First Reading 1bere were no additional items submitted for approval on first reading. (See Agenda Item IO -Consent Agenda.) (b) Approve on Second Reading There were no additional items submitted for approval on second reading. (See Agenda Item 10 -Consent Agenda .) 12 . Geaenl DIICllaioa (a) Mayor's Choice I . Mayor Bums distributed brochun:s for the Hudmn Gardens, which opened in Lilllelon over the weekend. He a,ngratulaled the City of Lillldon on the projects. remarking thal it really enhances the south corridor and is a welcome addition. 2. Mayor Bums asked Dircclor Esterly lboul the •ility poles on Belleview and whether any of them can be taken down as the sidewalks are being pul in. and whether the <lOlllract timing allows for that. Mr. Esterly responded that, under the franchise agreement. the Public Service Company has an obligation to R10YC those poles if the City wants them moved. He said the City 's obligation is to provide them a plaClc to R10YC them to. Mr. Esterly said we do not have any right-oC-way behind the sidewalks for that purpose. 1be other choice, he said. is to underground the electricity. which the Colorado Depanment of Transponation (COOn is opposed to . If the City does. indeed. want to underground thole overhead utilities, we mUSl first acquire the right-oC-way from the property owners and run it inside the fence line. He fdt that about ten feet would be a reasonable amount to bury a utility and maintain it. Council Member Wiggins reminded Dircc1or Esterly to lake a led al the sidewalks going in west of Broadway . He said they are pulling sidewalks and lllilitics right in the COIICl'dc of the sidewalk, so he fdt it -not a big problem and pcdcstrians can IIIIC it. Mayor Bums commented that 10111C of the poles east of Broadway are double poles and it looks to him like you will have to step into the street to get around them . He clarified that he was speaking of the first three or four blocks east of Broadway. Di reel or Esterly explained that the City backed off on some of thole blocb bClcausc we were not interested in going after the right-oC-way . In 10111C of thole blocks, he said, sidewalks are not going to go in . He said the original property owners had no sidewalks there, and. under • . • . .. I • • Englewood City Council June 17 , 1996 Page7 .. • • our current policy. it would be the responsibility of that property owner adjacent to inslall a new sidewalk. After coming across some Federal funding for some sidewalks, wc went after it with a IWCllly pcR:CDt match from the City, he said. but wc have now backed off' because of the difficulties with the overhead utilities. Council Member Waggoner Slated that he agreed with Council Member Wiggins. in that in IIIOll places the highway department does DOI illllall sidewalk, anyway. 11 IICCIIIS, he said, like it would DOI be too much of a hassle to underground lhosc win:s undemealh the sidewalk . He said he can 'I imagine why the highway department would be oppolCd to lhll. Mr. Esterly said that it 111111k -to .... too, OI' - woulda 't have askcd that Ibey allow it to happen in the fira place. He tboughl it w a r-.blc thing to do, more so than putting it out illlO the pM"mlCIII. However, the City's ffllUCSI to the Stale w turned down. Mayor Bums fdt it would really enhance that ncighborhoocl if the utilities could be underground. Mr. Ellerty llalcd also that. when this w Slalting. some: of the property owners cxprcsscd opposition to any of their propcny being taen. He said that Council had suggalcd that the City should DOI be looking .. taking propcny from tllolc property --=rs. Council Member Hathaway askcd if we have any Public Servic:c undergroundiag ~ left 1111d if we can uae it for thal . Mr . Esterly responded affirmatively, that this would be the IOURlC oHuds to do the underpound.ing and that there is quite a lot left in that fund. Council Member Halhaway lllkcd if we have plamled thal lllpCCI to the propcny owners. Mr. Esterly said WC have DOI met with dull aeipbortlood to dilcua dull CXIIICql(. Council Mclllbcr Vormitag lllkcd if die Cl'MICf'S Fl the right-of-way t.:k. Mr. Eslcrty aid tllcy Fl tlac U1C of ii, bul if WC have to go ia then: for mailllCllanclc. whatever is then: would be lakm GUI 1111d the City is DOI n:spo,isiblc fOI' putting it t.:k. The fcncc line could go back lo where ii w. but, again. if Public Service bad to go in for repairs, Ibey would DOI have to fix the fence t.:k. Mayor Burns said he would lillc to "-if the propcl1y owners lllldenland lhll it CICIUld Cllhaace tlac value of the property as long as it doesn 'I Ilk too mudl away . Ms. Hathaway felt that if the power lines had bcca underground bcrorc last fall's -IIOnn, Ibey would DOI have bad to worry about lhal mrt of thing. Mr. Ellcrly aid he is DOI sun: that directly feeds the RSiclcnc:es . If ii docs. then ii swts 10 Fl mOl'C a,mplicatcd, bccallc then we arc into the house feeds and the undcrgrounding money does no1 pay fOI' that. Council Member Vormiltag askcd when the sidewalks wiU be finished along South Broadway from Bcllcvicw south. Mr. Esterly responded lhal he does DOI have an exact dale, but Ibey will be clone Ibis summer . Mayor Bums asked if Belleview WCSl of Broadway will have sidewalks on the IICll1h and the IDUlb., OI' just on onc side. Director Esterly said that some al the an:as along there arc DOI in Englewood. bul, ralher. in the City of Littleton. so there arc an:as that wc will go in and OUl of. He said the only plaClc along tben: where there will nol be a sidewalk is in front of Home Lumber and Arapahoe Rental . Mayor Bums asked how the bike trail is coming along that is supeacd to go through the part. Mr. Esterly said that is also scheduled for COIISlnx:lion Ibis summer. (b) Council Members' Choice • . .. I· • • • Englewood City Council June 17 , 1996 PagcB (i) Council Member Hathaway asked the Clcn. to read by title a resolution oooocming day care busincsscs in R-1-A cli&tricts . The l'CllOlution was assigned a number and read by title : RESOLlITION NO. S2 , SERIES OF 1996 A RESOLlITION 10 CEASE Z.ONING ENFORCEMENT ACTIVITY AGAINST THOSE DAY CARE BUSINESSES OPERATING IN 11iE R-1-A DISTRJCT 11-IAT WERE OPEN PRJOR 10 JUNE 3, 1996. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 12 (b) (I) -RESOLUTION NO. 52, SERIES OF 1996. Council Member Waggoner asked if there is a time limit on this. Council Member Hathaway pointed out that the l'CllOlution states Odobcr 21, 1996 as the ending date . Council Member Hathaway suggested amending the l'CllOlution by n:quiring that the day care opcratorS also be liccnscd by the 8catc of Colorado prior to June 3. 1996. She fdt that without that provision, there is no way to ~ for sure that they wen: open before that dale. City Attorney Brouman ltaled that she could cenainly add that . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO AMEND THE TITLE TO READ "A RESOLUTION TO CEASE ZONING ENFORCEMENT ACTIVITY AGAINST THOSE DAY CARE BUSINESSES OPERATING IN 1111 R-1-A DISTRICT THAT WERE UCENSED BY THE STATE OF COLORADO AND OPEN PRIOR TO JUNE J, 1"6. Ayes : Council Members Halhaway. Vonninag. Wiggins, Habenicht. Waggoner, Clapp. Bums Nays : None The IIIOlion carried. Vete--•eriplal..._te..,_a I IINNe..52,•WNNI: Ayes : Council Members Hadllway. V.-ittag. Habenicht. Waggoner, Clapp. Bums Nays : Council Member Wiggins The IIIOlion carried. (ii) Council Mcmbcr Vormiuagaskcd City Mana,crClark ifa lludy will be conducled reprdiag day carc busir in R-1-A districts and whether the informalion will be receiwld by Council prior to 111e lilled enclina dale. Mr. Clark la,oadcd affifflllllMly. (iii) Council Member Wagoner asked that lencn be ll:lll to Slan Dial aad Warner Dounay. tllankiag them ror their CXllllribulioas to the City . (iv) Council Mcmbcr Habcnichl I . She shared 11ith Council that she lll1Cndcd the South MdJO Chamber an-1 IIICdina and 1unci-when: she purclllllcd a book cmitled '111inkina in the F~ TCIIIC· by Jcanifcr James, a Ml.I ~ w11an 11111hnlpologia.. Ma. Hlbcaiclll aid sllc lllCd lier clilmtionary 1u11111 ror the purdlalc and will pus Ille book CNI IO tlic ocher IIIClllllen of c-ncil if dlcy -ad lilic IO rcad iL She l'eela it is an interaliag and vital bid. which she will cw:nlllally give IO lhe libraly for !heir CXJllcdion . .. I. Englewood City Council June 17, 1996 Page9 '· ,. • • 2 . Ms . Habenicht said she has received "Creating Livable Communities" from the Regional Transportation District (RTD). She said it is interesting information that it pertinent to what is happening with the Cinderella City development. 3. She relatc:d that she received a call from Linda Stoiy who lives near Clayton School on AQHIIA StRld and reminded Council of a previous discussion a111ccming the policy on Americans with Disabilities Act (ADA) ramp cuts. She said it was never discussed how the project would be prioritiud, and suggesacd that it soon be a Study Session topic. She thought identifying persons with special parting permits for wheelchair access might be a place lO start. 4 . Ms . Habenicht read the following statement for the record : "After my return from New York., and subsequent to the June 3 council meeting, several people asked if I had read the councilmembers choice portion of the minutes from the May 20 meeting. Since then I have read the minutes and would like to take this opponunity to rapond to speculllions made about me, my CIOIIUDCIIIS, my actions and my motives sunuunding the first Cinderella City Forum . I . I intemiplcd the meeting because it had turned into a discuaon about putiadar tmuls. It was an illue raised and dira:tcd by the propolCd dneloper of the silC and it was iec a • a t widl aaioll taken II the previous council meeting which directly addreslcd 1h11 iaue. We weft ...... ID diama tenanl mix until after we heard from the pul,lic. I read frolll a-'*illl ofta.. aiaillel ID......__ my point. l did al9D memioe 1Wr to Ma,,ar ... dill it Wat° I 4e e· e dill II die a.ly .asion wbcn we clilCllllcd wllic:II ~ ..... to ID~ •a.-*--.ii members llad all agn,ad ..... MillCl"l'Kitdle ...... --• . • * ...... .. explained thll I doll't onliwily wt Olilllide die n.lcslly -.., C . I a ..... lk I ......... lllil 1h11 they llad abady ......... Fna dlelJesiNi• I IIIMlllra_...._., a.c.._ ..... -... * proce11 lllfflllladillg die "*1. clap r a ore ·, f c '11a a.,,. 1..-wi6 ._ .. a.c .._... .. * actionswetake,qanlillgdie"*1.rlaprr•af'dieC" f AC.,,15c will w; 5 c, .... lk ~ City of Englewood for ,-s to cw aad .. die *'i ah; I '" I ....... lly .. . will in all Pikdibood Dill llappcll rpia for aaaeller I . 8ecallFe of tut • -dedicasi ........ af'liac. ~...,. ... -•.• ,· ineo the iaue. WIien I -a council da:isioa ~ dilftpldlil 11 • afkial city ..... I c:a11a1-.. lO it--u llopcs tut dliilP CIOllld l{l lillldt Ga tnck---Mtli Ir f C au» oaaillc liar die~ ...... 6,e 1118118,er-tlOS from die developer din:aiJtg die a.,, ... die c:ity ', ..-. Another iaue tut -raircd _,_ die Sllllbcr of va1llsia Uaa:ripel ........ by council memben. We did RICICft'e a rq,on from the City C!ert tut ddinaecd nlqllCSI OYa" die Pal2 two years--they were all for pll1ial valllilims- One from c.ounae-mber Clapp Four from c.ounae.-m11cr HaSllawry and two from c.ouna1mcmbcr Habenichs. I . I • Englewood City Council June 17, 1996 Page 10 (. .... • • ... I requested verbatims because I had been observing that things were being said to clarify what decisions meant. I wanted to be cenain that those clarifications were noted and a part of the record and available in the future-cspecially as surrounded decision that I have been assured do not commit us to a power center development at Cinderella City .fl She said she wanted to oll'er that in writing to clarify because there were a lot of spcculations about what she meant. Mayor Bums said be would like to respond to part of that. He said al the meeting that evening. Ms. Habenicht told him that he had broken the rules by having the developer there. He recalled that be asked the City Manager subsequent to that to see whether there were any meetings when: Council had agn,cd that the developer would not make a presentation at the public forums and be undmlands there was DO such agn:ement He said he has felt all along that the developer should be at these meetings bcc:ausc the public wouicl then understand what the clevdoper's a,ncept is and could react to it and decide whether they 1w: it or not and offer something of their own . Clarion had advised Council, he recalled, al a meeting that Ms. Habenicht was not at. that they wanted the developer to be there, too. Because of that, Mayor Burns felt it was entirely consistent that the developer was there. He said be only found out about u hour before the meeting that the developer had a letter of intent with Sony 111eaters and was concerned about whether the developer should present that or not . He stated that a letter of intent is not an ag,ecmwt or a lease and does not feel that is selecting a tenant He opined that it is important for the public to know there is a letter of intent so that they may react to it and state whether they agn,e or not with having that kind of tenant. He felt it wouicl be keeping the public a bit ignorant if they dicln 't uadenland what the concepts were . Ms. Habenicht said she feels it was helpful to clarify the two diffcmit positions. S. SIie tllaMed the Department of Safety Services for addresling the traffic concerns oo Broadway tllat slle blOught up ll the lasl Study Sessioa . She asked when: we stand and wliether we are ping to ...-die .. left tun lips for ICMCl!bouwd Broadway elllering -die Pm Office . City Manager Clart said there was a staff' rq,on oo dull and his recollcctioa was thal there was DO accidelM llillOly with left turning traff'IC there. Dumar Ellcrty advised thal a lllCIIIOl'lllld thal dclcribcs a lot of the situations out there wem up to die City Maaap's affice late lasl week and will problbly be in the next packel . Basically, he said. we do m have an accidelll history there. City Manager Clarlt asked if the DO left tum sign .. the Floyd A venue intenection has illlpRMld that silllllioa -11at. Mr. Esterly responded tllat the IIO left tum oft'Floyd would impaa this sliglldy, bu( would be hard to quantify. 111c larJCl1 complaint about the no left 111111 on to Broadway from Floyd was from people getting tdcu alleging that the three signs were DOC suft"icient . An additional pavement marting has been added. He opined that there is DOC enough room to put a pavement marking lille thal on Broadway al the poll off"ICIC location . 13 . City M-....'• ltqie,1 (a) City Manager Clarlt nxommended Council go into EXCICUlive Session immediately following the regular meeting to discuss a personnel matter. He said he would be briefing Council on the Slalus of negolialions with the Englewood Employees' Association and the Englewood Firefighters' Allociation . .. I . • Englewood City Council June 17, 1996 Page 11 .. • • Council Member Hathaway asked if the motion could be a,mbincd with the City Atlomcy's motion. City Attorney Brotzman responded affirmatively. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO GO INTO DECU11VE SESSION AFTER THE llEGULAll COUNCIL MDTING TO DISCUSS A PERSONNEL MATl'ER roa THE CITY MANAGER AND TO DISCUSS PENDING UTIGATION WITH TIIE CITY A1TORNEY. Ayes : Council Members Hadlawly, V«miaag. Wigial. ffllleaicbl, Wagoner, Clapp, Burm Nays : None The IIICllion carried. (b) Mr. Clark said tbal Council is ICDtalivdy IChcdulcd on July 8, 1996 to ~ a Study Scaioa with Clarion 111d Aaociatcs 10 ammaizc the inpul from the four Cindcldla City infOl'lllllioa mcdillgs. One or two al the principles from Clarion will DOI be available that night, howe\'Cr, and he a....,....i, in lieu olthe Monday IIICdiDg. WcdDeldlly aiglil, July 10•. Council agreed to the Wedladay altamllivc. ~ Burm said -will ~ to ~ public aaciclc of the cllaqe. Council Member Hathaway asked llloul the pRII n:i-dial -ioNd this meding. wllidt appmallly did not get widely disuibuled. She asked how many of thole ~ boca iaucd tbal we ~ had to retnct, -,ting tbaC we don't want to~ coaflicli111 -aes pq OUI to the public. City Manapr Cwt said he will check ialo tbal . AIID, he said, a lellcr will be sen1 to~ who had lipat in al the citmo lllcdings. City Aaorney 8nJczman advised tbal there will be two public mediDgs the aigbl o{ July lo*. 14 . Ck)' Alterwey'I ~ (a) Aemda llem mowd bwanl. See A.-llem 13 (a). City Aaorney 8nJczman had DO additioul alllCn to llrilla ldlre Council. IS. Mjarnai I COUNCIL MEMBER HATHAWAY MOVED TO ADJOURN . The meeting •journal al 8 :43 p.m . . ~.WA Deputy City .. I· ,. . .. . ,• ,, .... r. PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS June 17, 1996 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON WISffiNG TO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS TOPIC CCSIGNI I. • • ~- June 1 7, 1 996 Mayor Tom Burns and Englewood City Council Members 3400 S. Elati Englewood, Co 80110 Vera Montez 2925 So. Elati Englewood, Co 80110 Dear Mayor and Council Members : I'. 'r This letter is in regard to zoning of child care in Englewood. Child care is a small business run in a private home with a limit of 6 full time children ( two children can be infants and usually are) with 4 being preschoolers and some providers can have two before and after school kids. We choose to do professional care in our own homes for various reasons. Personally I chose licensed family child care because of my ability to work with children and my desire to offer my service to my community. Many licensed providers have degrees in Early Childhood or other area. My commitment to children is long term. I have been licensed in my community for 18 years. In view of the fact that there are many two working parents in the family, child care is essential to each and every community. Child care providers offer the security that stay at home moms used to offer. Family child care offers the HOME atmosphere. I would humbly suggest an alternative plan which might facilitate families in our community and particularly our children. Many ideas have been expressed such as grandfathering licensed child care providers, however I feel you are penalizing all child care providers that would like to buy a bigger home and still pay for it by doing child care. Also not to allow any more licensed child care homes in these areas in unjust. I feel you are not looking at the whole picture. You need to do something that is good for all the licensed providers now and the future. As licensed providers we are governed by the Rules and Regulations of the State of Colorado and we must follow the rules. If we are accused of any violation then social serv i c e s is mandated to come out within 24 hours to investigate us. We also are checked out by the food prograas 4 times a year. All l i censed providers also need first aid and CPR yearly. In view of the fact that there is a lot of regulations for family child care several surrounding communities have changed there ord i nance to agree with the Colorado rules and regulations .. I • , • · .. • .. '. y governing child care, and I am enclosing Littleton's for you to see. About four years ago Littleton was redoing their zoning rules and decided that child care is a viable small business and valuable asset to the community and is needed by parents, so they adopted the Colorado regulations. And I hope you too will be responsible for the children of our future. Thank You -%:er~ Vera Montei.3 • . ,. •. .. ., I. . ; • • • <. LITTLETON ZONING ORDINANCE 4th Revised Edition January 16. 1995 Page 3 FENCE: A structure designed or intended to conatitute an endoaure or barrier. either physical or visual. including • wall or a planter not exceeding twenty four inchea (24•1 in width, or other aimilar 1tructure. FLEA MARKET: SH Open Air Market. R.OOR AREA RATIO : The clenaity of ............ -on the l'lllio of g.NS tloor -to lot area, generely -'ied to office, aervice, retail and indultrial buildings. FLOOR AREA RATIO, MAXIMUM: The maximum pennitted ratio of groH floor ... of all atructurH on the lot to the total area of the lot, • estebhhed by the gowming rone dietrict regulations. R.OOR AREA, GROSS: The....., of the .... of the -ral floors of• building, meeeured from the interior face• of exterior walls . Al ~to. reception•-· -weyo, alewtor ehefto, otairwelo at each etory, and mechanical roorne ohall be included. FOSTER FAIIILY CARE HOME: A privMe,........,. -care, protection, and -n,ioion lo provided to not more then fc,yr children unralated to the adult provider at one time . GARAGE, Cow.tERCIAL PARKING : A otructure ueed for the pe,lting of puHnger vehicleo, either with or without charge, end in which the folowing actnlitiee •• not pennitted: fueling; oarvicing; repair; diomantfing; otorage of whiclH; or freight handling . GARAGE, PRIVATE : A building for the private UH by the owner or occupant of a principal building oituated on the Nrne lot of the principal building for the storage of motor vehicf•• with no facilitiea for mechanical service or repair of • convnerciel or public nature . GARAGE/YARD SALE: A -of~ pr~conducted by the occupant• in A·l, R·S , R·L , R-E, R-1, R·2, R·3, R-3X , and oingle f-y and duplex arHo of R-4, T, CA, and PD-R Zone Diotricto. GRADE: The --finiohed ground level of the land immediatoly adjacent to and ourrounding the building. GROUP HOME FOR CHILDREN: A reoidential facility for children, which io ijcenoed by the State Department of Social Services for t.he purpo1e of providing fo1ter family care. GROUP HOME FOR PERSONS WITH HANDICAPS : A dwelling unit which io ohared by lour or more peroono with handicaps living together n a angle houeelteeping unit, including rHident oi.ff. GROUP HOME FOR THE ELDERLY: An ow-occupied or -olit ruidential facility which houHo not more than eight 181 elderly pereona, including reeident naff. HAMllCAP: A ph\,aical or rnerilal .....,,...nt which oubotantiely limit• one or more of a peroon'o major life activitieo, and H further defined in the Federal Fair Houoing Act Amendment• of 1988. HEIGHT OF STIIUCTURE: The ..... ol-.. ie the venical cli9tance, meeeured from • rol•-poilll • determined under the _,_ aclition of the Uniform luildine Code, to the higheet point of the coping of • flat roof: or to the dllClr. line of • -roof; or to the -. height of the hiahea1 ...... ol • pltchad or hipped roof. HOME CHLO CAM: Any ahlll -1..aty whiohill -•ad In•~....,._. which ill 8'aftad only by U tima ...,._. of the _..... Homa ahld -ill limiled ID._ U or pan tima care ol -more dwl I chilclNn, including llwN of the -•or. end not mo,e dlan 2 addilional cllidren for bofon end llha, IIChool care. Operation of home chld care fllOilitiu -be --in ~ with lhi• r111e . HOME OCCUPATION: Arry buoinelo or -..ice conducted -.iv within I dwelling end carried -by its -end which io ctaarly incidental and eacondery to the primary UM for rellidefttial -· INTENSITY : The --.lative olfact of cleveloping • aite, including~ on adjacent pr_..;.. rHUlting from the daneity, height, bulk, llite arH cover-. type and -.,,,. of traffic generated, ernount and UH of .,-ourfllCH, end vieual impact of the development. LAND AREA, GROSS: The total arH of • tract of land u rneeeured within the pr-ny lineo . LANDSCAPE DESIGN CRITERIA MANUAi.: Adniuilltratiw guidalinao euthorired by Section 10-5-1 and which ehall includa landocepe d1oign, inetel•ti-and meint.-.ce ltenderde • wel u plan review -eduru. Thia L.andocepe .._al ehall c-trol land1cepe inetellltion and landoc-meint.-.ce in the City. LANDSCAPE MANUAL : The City'• Lpld,sMlt Qujan CrjJtrit Manufl . ' • . .. I • • • • • • ... II• LITTLETON ZONING ORDINANCE 4111 Revi-Edition January 111, 1995 P-75 2 . R-E . R-1, R·2, R·3, R-3X, R-4, R-5, T, end CA: 11 feet meeeured from the ever-grede lo the highest point of the roof . (Fl Minimum Selbec:lts for Acceaory Suucturea In Nor .. 1id1nlial Z-Dmricu: Shall be the -•the•-district requir-n11 for Iha principal nucture. 10-4-5: HOME OCCUPATIONS: The falowlng ....._ .. pennifted • home -.p1tiane in al ...idenlill ._ dielricta. Such -ahll -al CMldilione end ,....-for Iha parllaular -dlelllcl in whloh Iha ec:llvity le located, end Iha etanderde ~ in Section 10-4-5(81. CAI Home OcoupalioM 1'9nnit1N: 1. Cuetom .._......, ..-.,Y, tallorlnl, end _..... of._... end/or home fumiehinge; 3. Fine -etudio, in whloh ..._.... --in fine -for.,.... of not mora....., f--: -> 4. Home cHd -· • delnedin Sec11or, 10-1·2 of lllie llle. The f .. willa condilione muet be -......_ Iha flfOVider ia only caring for children from -famly ._....,Iha.......,.. o-. in which -"-8 .. no ree1rictione: a . a....torwhlah-•beine,........,.lle11VNNof ... orleN. Fot-of-tr *•lhe- ot ohldren permitted, only lhoN ohNren of Iha.....-which .. 12 -of ... or leN,..,.. be oorwldered. II. Theoper-nuetpoeNNe __ _...,.._~. c. Anoff __ ....... ,._,..,1 ............ ,._ .................. . d. A fenoed ...,._,..,_ .... lie .......... _....,. M leNt 7S ...... f-of -per ohlcl for Iha IOtel number of children for which Iha feallly ie ........ . •. Ful-lirnll --............. for --..... t-..._ childrorl --Iha -of ...... in Iha StNing end r--,ption of.._ in Iha Fal, If the -•or ie .-by the•-for-"-· 5 . Oftloe of..,.,,,., .......... _ .......... _........._ .......... or NIii *8dy '-the,.__; II. R..,ofdealleMII ......... MMl .......... theNleof_.~ 7. T_.. of __ ....,,_ Mt...,_ M -,-tllM; .. ~ .... ; ... •. Olla ...... , 1 ............ ,... ........ of ..................................... . CBI .___ ... ..._O J 1 u... ...................... 1CM-ICAlof lllie Tille. the .................. al ...... _, t ............. ....,_. ...... ....,_ ...... _.,_...__, t ......................... T.CA , endPOZ-DielriMa: 1 . o. .. _..__ ••• _ .................. lllllt; 2. The_ ....... ...,.........., ....... ,....._ .... ..., .... ,.._...._; 3 . The_ ....... ....,.. .............................. _., .. ,..... __ .......... ... ........ .. ....,._ ... _....,..... ...................... _ .... _ ...... 141 ............ ... ................ ..,_ ............................................. ., ....... _ .......... by the_......, home IIIIIJ} .. lne INIIINl ............ lf .., ....... W-(111; 4. .. .... a, ............ of .......... ,..._ .. _,.........; .. _._..,.-.,Yforoff .......... _ ocoupiff-...... ...., __ (J01W., ..... .., ___ ,........; Ii. ,..,._ ................... ., ............ _ ........... _..., ....... ., ...................... ••oept for,.,..........,. ............. ..-... 4-1-1·1: _. •. ...._._ ................ ...._10-4-llend1CM-7 ........ --------------~---------,--------------------~-----. -, --: • • • <. ... After my return from New York, and subsequent to the June 3 council meeting, several people asked if I had read the councilmembers choice portion of the minutes from the May 20 meeting. Since then I have read the minutes and would like to take this opportunity to respond to speculations made about me, my comments , my actions and my motives surrounding the first Cinderella City Forum. I . I intenupted the meeting because it had turned into a discussion about particular tenants. It was an issue raised and directed by the proposed developer of the site and it was inconsistent with action taken at the previous council meeting which directly addressed that issue. We were not going to discuss tenant mix until after we heard from the public. I read from a verbatim of those minutes to substantiate my point. I did also mention later to Mayor Bums that it was my recollection that at the study session when we discussed which planning group to go with - Calthorpe or aarion -the council members had all agreed that Miller/Kitchell should not make a presentation at the forums. I then explained that I don't ordinarily work outside the rules by interrupting a meeting like I did that night, but that they had already been broken. From the beginning, I have been concerned and I have been raising concerns about the process surrounding the redevelopment of Cinderella City. I agn,e with those who have identified that the actions we take regarding the redevelopment of the Cinderella City site will most profoundly impact the entire city of Englewood for yeas to come and that the development opportunities presented by this site will in all likelyhood not happen again for anodler geni:rMion. Because of thM I am dedicating a great deal of time, l'CICal'Ch, study and investigation ilwo the issue. When I saw a council decision being disregarded at an official city forum, I called attallion to it --in the hopes that lhings could get back on lraek --with leadr.rsbip coming from the council direding the manager --not from the developer directing the city and the city's process . Anocher issue that was raised concerned the number of~ transcripts requested by council members . We did receive a report from the city clat that delineated requests over the last two )'CS'S --they were all for patial vemMims -- One from Council member Clapp Four from Council member Halhaway and Two from Council member Habenicht. • .. I· ,.. . ,. • . . I requested verbatims because I bad been observing that things were being said to clsify what decisions meant. I wanted to be catain that thole clarifications were noted and a pat of the record and available in the fUbft - especially as surrounded decisions that I have been assured do not cormnit us to a power center development at Cinderella City. •, I. ---------. ' . 0 • • "3ft ~ p~ -~ :;,..# 4(,fj ~ J./~ >~? U~-~--~s,,~? ~ I ~ &Ak ~ 0-it.})? 'fr.:, . . • J~t/j ~~10~;,· -~~~ · w-( ...... I . C • 0 ;, • ... . - I· 0 ' • • • • ... AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JUNE 17, 1998 7:30P.M. 1. Call to order. ?! 3J/-fhY1 2. Invocation. tt.);r~ Pledge of Allegiance. /!; t)A.,lr1.,,o 3. 4 . Roll Call. 1 ~ 5. Minutes. a. Minutes from the Ragul• City Council Meeting of June 3, 1 He. 6. Scheduled Visitors. (PINN limit yow p,9N11tation to ten mlnulN.I v •. v'b . ~c. 7 . 8. Mr. Werner Dounay will be in attendance to preaant to the City of Englewood • Trolley Bell believed to have bNn UNd on Chan9lyn HorNcar •3. Mr. Stan Dial will be prnent to~-~~ ot~· lignificance to the City ok~~j:~i·~«}_oo . ~'I Dave Pachal OMI Hunter will be ~ ~ Council with an update on the Englewood Depot. 9 . Public HHring. (None scheduled) Plwl-= N,-..._a...atywl ...................... ..., .. Cllyell-mODNII>• ............ lllhace ........................ ,... • • . I· Cily Council Apnda t-17, 1"6 Papl 10. Consent Agenda. '· • • '1 ,.o ~ ~ a. Approve on First Reading. ~ ~ ,b, f >ti i. Recommendation from the Dep.-tment of Financial Services to adopt a .. di} 1 0. ,.,., . approving• supplemental appropriation of funds for the Capital l,TI T\.r' nd. STAFF SOUIICE: Ft-* GI ""9wtcz, Dnctor of Flnancial /~·$ ~,O Rlll::anvntN'ldatii:111 from the Dep.-tment of Public: Works to awad, by • construction contract for the rapair and upgrade of the Clarkson Bridge. Staff '9COfflfflellda awardiug the contract to the lowest technically acceptable bidder, New . Company. in the amount of t59,400. STAFF of Pullllc Worb. the City Manager's ulary. setting the Municipal Court Judge's salary . b. Approve on Second Reading. oJ.i,,,, i. Council Bill No. 12, approving uwnents to the City Ditch. o)!'1 ii. Council Bill No. 30, approving • Licenle Ag,Nment with Arapahoe County for crouing the City Ditch to install fiber optic cable in conduit. 11 . Ordinances, Resolutions, and Motions. a. Approve on First Reading. b. Approve on Second Reading. 12. General Discussion. a. Mayor's Choice. r Council Members' Choice. b . #Y ~;f ~1,'~ i. to temporarily cuee zoning enforcement against day care buaineun in the R· 1 ·A diatric:t. ~it--~@ ~~6r~pu;,i1,J)i .........• ,_._. • .....,_. ........................... aa,.,at111'•••ou.M1R• ........... .._. ....................... ,... • • • . .. I. City C-11 ApnclA 11Me17, 1996 l'ap3 13. City Manager's Report. .. • • -;;I a. Recommendation to go into Executive Session immediately following the ,.#,J-~ d,.-, ,,,....,.... f regular City Council meeting to dilcuaa a personnel matter. ~ /ILtfD. ~ 'JA> ~ City Attorney's Report. · . -· ~ Recommendation to go into Executive Session immediately following the regular City Council meeting to discuss pending litigation. Adjournment. ;l:J/-:3 The following minutes were transmitted to Council from 05/31/98-06/13/96: • Englewood Parks and Recreation Commission meeting of May 9, 1996 • Englewood Housing Authority meeting of April 24, 19N • Englewood Liquor Licensing Authority meeting of May 15, 1996 • Englewood Public Library Board meeting of April 9, 1996 ,.__. H,...._. • ......,_. ... ...., ............... pllY .. OtyelE-wUU-MIS)• ....................................... ,... .. I • 0 , -- / • t~ ·, • ... AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JUNE 17, 1198 7:30P.M. 1. Calltoorder. 7:jf/.p,ffJ· 2. Invocation. /).}"f/vtKJ 3. Pledge of Allegiance. gl,U,llt,O 4 . Roll Call. J:ef 5. Minutes. ~ a. Minutes from the Regular City Council Meeting of June 3, 1998. • 6. Scheduled Vi1itor1. (PIHle limit your preuntation to tan minute,.) v a. Mr. Warner Dounay will be in attendance to preeent to the City of Englewood a Trolley Bell believed to have been UMd on Cheffelyn Horsec:• 13. v b. Mr. Stan Dial will be pruent to donate a book of historical aignificance to the City of Englewood. v c. Dave Puchlll and Orian Hunter wil be preNnt to provide Council with an update on the Englewood Depot. 9 . Public Hearing . (None scheduled) ft Plwe llOlr. If yau uw a llllllllty ...i __. ..a.,y _. •---. ,.._ ..i,y .. Clly el: , ... c,u.w> • .... 41 hours 111..a...c. of..._ ............. 11111111,-. . ' .. I . • 0 '32 x l 0 ---------------r-----------=--------:-~ • City Council Agenu ,-11, 1996 hp2 . . • t• • 10. Consent Agenda. /) ,.,. IJ/J,.J "# _ . 1,H,,n6~ ·'-~~ ,j5tW,t,o~/()a..,, ~~'t---1!;;"";,i 1,, .':J a. Approve on First Reading. ~ii, JV, i. Recommendation from the Department of Financial Services to adopt a ?O ~ 1 1-0 D ... / 4i resolution approving a supplemental appropriation of funds for the Capital fl-"'-Projects Fund. STAFF SOURCE: Frri Gryglewicz, DiNc:tor of Financial ii. s.vlc:N. Recommendation from the Department of Public Works to awwd, by motion, a construction contract for the repair and upgrade of the Clarkson Street Bridge. Staff recommends awarding the contract to the lowest technically acceptable bidder, New Design Construction Company, in the amount of $59,400. STAFF IOUIICE: a.IN Estaty, Dnc:tar of Pubic Works. /-.ii'# iii. Resolution setting the City Manager's ulwy. l.tAO·!;t>iv. Resolution setting the City Attorney's ulwy. ~.-.61 v. Resolution setting the Municipal Court Judge's......,. b. Approve on Second Reading. ~.!)Li. ~.,1 ii. Council Bill No. 12, approving e.......ns to the City Ditch. Council Bill No. 30, approving a LicenN Agreement With Arapahoe County for crossing the City Ditch to install fiber optic cable in conduit. 11. Ordinances, Resolutions, and Motions. a. b. Approve on First Reading. @ Approve on Second Reading. (J'f' 12. General Discussion. a. Mayor's Choice . b . Council Members' Choice. ~--9i. Res~lution ~o temporarily ~~ zoning enforcement against day ewe ;V'~ _ ~"ls:;;:;;t1·A ~istnct. . p . ~f:wr:iL~-~~ IJA/'' -I ~¢,.~aXtul'~~~Ud,~~~--~.,...,1-0 ~~:u, -~ti~~ ,fMfJ.5~ -~-/ (~-lb,,~ "-.... If,-...._ allllllllly _. ..a~ ............ Mllfy .. Clly9' I~ aNI OU-MIS>II .......................................... ,... • I - - • City C-il Apnda ., ll-.17, 1996 l'ap3 13. City Manager's Report. <, • • ,:. ____ _ a. Recommendation to go into Executive Session immediately following the regular City Council meeting to discuu • personnel matter. 14. City Attorney's Report. a. Recommendation to go into Executive Senion immediately following the regular City Council meeting to discuss pending litigation. Adjournment. r;J: t/, ~ The following minutes were transmitted to Council from 05/31 /98-06/13/98: • Englewood Parks Md Recreation Commiuion meeting of May 9, 1998 • Englewood Housing ~uthority meeting of April 24, 1998 • Englewood Uquor Licensing Authority meeting of May 15, 1998 • Englewood Public Library Board meeting of April 9, 1998 ..._ nae.: H,-..,.a.....atywl .... ....., ......... ,._Mllfy .. Cllyel Enal1aDINl(10.MIS)ll ............. .._.., ...................... ,.. ' . .. . ~ • AGENDA FOR THE REGULAR MEETING OF , THE ENGLEWOOD CITY COUNCIL JUNE 17, 1996 7:30P.M. 1. Calltoorder. 7:J(/p,/11 · 2. Invocation. /)..)'f/V11;() 3. Pledge of Allegiance. gl/.AA6a 4. Roll Call. ~ 5. Minutes . . ~ a. Minutes from the Regular City Council Meeting of June 3, 1996. • 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.I ,/ a. Mr. Warner Dounay will be in attendance to present to the City of Englewood a Trolley Bell believed to have been used on Cheffelyn Horac• #3. &/ b . Mr. Stan Dial will be present to donate a book of historical significance to the City of Englewood. 7. &/ c. Dave Paschal and Orian Hunt• will be preNnt to provide Council with an update on the Englewood Depot. Non-Sch~uled Vis~o%.'~L~m=:I ~ Ir~ :a,.&,.fU · 8. ~uni~ions, Proclamations, and Appointments. gr 9 . Public Hearing. (None scheduled) ft Plew IIOlr. If you hPe II dlabillly wl .... ..a.,y _.•---.pa-lladfy Ille CJly _, ......... (762•MIS) ill lalt ... '-' in ildvance ol ..... ..._ .. ..W. n.11 ,-. ' • .. I. 0 City Council Apnda i-11, 19'6 Papl . ' .. • • 10. Consent Agenda . .JaMl,O ~ J()a.il Jl,u,.m ~~ ~-Approve on First Reading. 0 ~ii, rl, i. Recommendation from the Department of Financial Services to adopt a ?O OJ 1 1,0 O .~-141 resolution approving a aupplemental appropriation of funds for the Capital fa.,.-Projects Fund. STAFF IOUIICE: Frri Clryglewlcz. Dhc1ar of Flnanc:ial ii. S.,.ic:ea. Recommendation from the l)epartment of Public Woru to award, by motion, a construction contract for the repair and upgrade of the Clarkson Street Bridge. Staff recommenda awarding the contract to the lowest technically acceptable bidder, New Design Construction Company. in the amount of t59,400. STAFF IOUIICE: a.tee 181aty, DhcliDr flf Pulllc: Warb. /-.IJII iii . Resolution setting the City Menager"s salary. j,.e-~iv. Resolution setting the City Attorney's salary. ~--~/ v . Resolution H1ting the Municipal Court Judge's salary . b . Approve on Second Reading. rr,J. p. i. uJ.'1 ii . Council Bill No. 12, approving easements to the City Ditch. Council Bill No. 30, approving a LicenM Agreement with Arapahoe County for crossing the City Ditch to install fiber optic cable in conduit. 11 . Ordinances, Resolutions. and Motions. a. b. Approve on First Reading. @ Approve on Second Reading. ¢' 12. General Discussion. a. Mayor's Choice. b . Council Members' Choice. ~-9t Resolution to temporarily CHM zoning enforcement against day c•e .i/_~ rlfiineasea in the R·1·A district. . ~.dJ~'/> A /TC. -. -~hv~~p~ (./f.L ~a.flt//, tt, ~,,~•vnJii/~~ « · . ~7-o FD-CJ~:W., -~~ ~ ,f.Md.5~ -(p-1 (~-lb~~ Plwe noea: If,-hawe a...a.lllly wl--,...., .... .._, ,._ tllllfy .. City• lnal• ,NIii (7D-2AISl • ............ .._,,, ........................ ,... .. • , ' I I ) ,I City Council Apnda ,-,1.1996 hp3 13. City Manager's Report. • • a. Recommendation to go into Executive Session immediately following the regular City Council meeting to discuu a parsonnet matter. 14. City Attorney's Report. a. Recommendation to go into Executive Senion immediately following the raguls City Council meeting to discua pending litigation. The following minutn were transmitted to Council from 05/31/98-06/13/96: • Englewood Parka end Recreation Commiuion meeting of May 9, 1996 • Englewood Housing Authority meeting of April 24, 1 996 • Englewood Liquor Licensing Authority rneflting of May 15, 1996 • Englewood Public Library Bosd meeting of April 9, 1996 ...... IIOfll: If,-hM,e a llllllillly Md ... ....., .............. llllllfy .. 0ty fll f:llll1•IIOII (112-MIS) • ........... illadvacefll ......... _ ............ ,... • . .. I· , 1. 2. 3. 4. 5. Call to order. Invocation. • • <. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JUNE 17.19H 7:30P.M. Pledge of Allegiance. Roll Call. Minutes. a. Minutes from the Regular City Council Meeting of June 3, 1998. 8 . Scheduled Vi1itor1. (PINN limit your pr...mation to tan minutes.) a. Mr. Warne, Dounay will be in attendance to preeent to the City of Englewood a Trolley Bell believed to have been UNd on Chan9lyn Hcnecar n. b. Mr. Stan Dial will be present to donate a book of hiatorical ligniflcance to the City of Englewood. c . Dave Pac:hlll and Orian Hunts wil be ...... 10 provide Council with an update on the Englewood Depot. 7 . Non-Schaduled Visitors. !Pie ... limit your ,,_ltation to five minutes.I 8 . 9 . Public Ha.-ing. (None acheduladl •. 'I • . .. I • 0 , • 1 . Call to order. 2. Invocation. • • ~. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JUNE 17, 1998 7:30P.M. 3. Pledge of Allegiance. 4. Roll Call. 5. Minutes. a. Minutes from the Regular City Council MNting of June 3, 1998. 8. Scheduled Visitors. (Plew limit yow pr .. itation to tan minutes.) • a. Mr. Warner Dounay wiH be in attendance to preeent to the City of Englewood a Trolley Bell believed to have been UNd on a..r.tyn HorNcar 13. b. Mr. Stan Dial will be present to donate a book of historical lignlflcance to the City of Englewood. c. Dave Puchal and Orian Hunter will be preunt to provide Council with an update on the Englewood Depot. 7 . Non-Scheduled Visitors. (Pie ... limit yow preNntation to five minutes.I 8. Communications, Proclamations, and Appointments. 9 . Public Hearing. (None scheduled) ........ H ,-._. •6111111¥ wl ... ~ .............. lllllfy .. Cllyell ' NII (70Mll)II ................. ., ................... ,... ·- .. I . ----~----~-------------------------------------- • • • (' , 10. Consent Agenda. a. Approve on First Reading. i. Recommendation from the Department of Financial Services to adopt a resolution approving a supplamental appropriation of funds for the Capital Projects Fund. STAFF SOURCE: Fr-* Grygle.tc:z, Dlrec:tar of FlnMdal ...... ii. Recommendation from the Department of Public Works to award, by motion, a construction contract for the repair and upgrade of the Clarkson Street Bridge. Staff rec:ommeilds awarding the contract to the lowest technically acceptable bidder, New l>Nign Construction Company, in the amount of t59,400. STAFF IOUIICE: aw. Estaty, Dlrec:tar of Pubic Works. iii. Resolution setting the City Manager's salary. iv. Resolution setting the City Attorney's salary. v. Resolution setting the Municipal Court Judge's salary. b. Approve on Second Reading. i. Council Bill No. 12, approving eaerww,ts to the City Ditch. ii. Council Bill No. 30, approving a LicenN ~ with Arapahoe County for crossing the City Ditch to install fiber optic cable in conduit. 11. Ordinances. Resolutions, and Motions. a. Approve on First Reading. b . Approve on Second Reading. 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. i. Resolution to temporarily CNN zoning entorcem.nt against day care businnHS in the R-1 ·A district. - .......... .,,_ ..... a411111111y ............................... Clly ... _ -C,U.Mlll)at ............ ~ ........................ ,... . , .. •· • 0 '32xl ., 0 City c-il Apnda )w.17, 1996 hpJ 13. City Manager's Report. ~. • • a. Recommendation to go into Executive Session immediately following the regular City Council meeting to discuss a personnel matter. 14. City Attorney's Report. a. Recommendation to go into Executive Senion immediately following the regul• City Council meeting to dlacua pending litigation. Adjournment. The following minutes were transmitted to Council from 05/31 /98-06/13/96: • Englewood Parka and Recreation Commiaaion meeting of May 9. 1996 • Englewood Housing Authority meeting of April 24, 1996 • Englewood Liquor Licensing Authority meeting of May 15, 1996 • Englewood Public Library Board meeting of April 9, 1996 .......... N,-havea ....... wl__......, .......... ,._Mllfy .. CJly .. E-•OU-W,11 ............. .av..c. .......................... ,... .. •· 0 'a2x l -----------,.--~-----,.,~-------------~----~---:---, • ·, • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Juac 3, 1996 I. CalltoOnler The regular mcecing of the Englewood City Council was called 10 order by Mayor Bums a 7 :46 p .m . 2. lawcadoa The i.imabon was given by Council Member Wiggins. 3. Pledae "'Allqiuce The Pledge ol Allcgianc:c was led by Mayor Bums. 4. RellCall Present: Absent: A quorum -praent Council Members Hathaway, Clapp, Wiggins. Habenicht. Vonninag, Waggoner, Bums None AJso present : City MaJ11Fr Clart City Aaorncy Bniczmu Assillallt IO die City Ml-,er Grll:C City Clerk Ellis Deputy Direcrar a... Safety Semces Executiw Di..-..... e...,.. Hoaias Alllllority Mana,er $uapma. Neipbo. .... ad ..... De\ I p I IRI Director Black.,.... .. ~ Recratioa Semces ....... Midrela. ManqerolCa .t) SemcelBI Ml Chief' BuildiJJ& Olicial Sliu ,. Miaata (a) COUNCIL MEMHR RA TRAWAY MOVED, AND rr WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY ze, 1"6. Ayes : Council Members Hathaway, Vorminaa, Wigias, Waac,aer, Clapp, Bums Nays : None Abstain : Council Member Habeaic:bt 6 . ' • J I . • E•&kwood City Council Juel, 1996 ... 2 . . • , . • (a) Community Emergency Rapome Team (CERT) Volunteers -honored for tbeir service to the City of Englewood. Mayor Bums said Council appreciales everyone anending tonigllt's Council Meeting. He noted that there will be a n:ceptioo and refreshments at the Miller Building following this reeognition ceremony . Tbe following volunteers -recognized : Phil Russell Duglas Graham RichBunoa Domdly LcSlem Davicll.ouch Kelly EllingtOO Mitch Otrutt Chris Heelis Marjie Moore Larry Bigby Anne Phillips Sylvia Kubilus JoAnne Whitaker Mary Trouth Jackie Garcia Rosie Merelli Tom Merelli Kristi Harter Mary DeWitt Ira Weir Norma Weir KyleDoying Karma VOiker Scott y Ofter Alfral Vonniuag Babbi Vonniaa, Ciayle()pa Billie Miller Austin Gomes Sheila Gomes Marilyn B-,ea James[)ymct Anlhoay Dymek Dcelfarris 8-rtyWbitc VeraMaalez Tami Monday Todd Monday Andra Randolph Tresa Shanahan Donna Shanahan Pencho Dimitroff Billie Starker Gary Kozacck Ray Moreno Carol Moreno Jeanette Sprinkle Keith Kohler Mary Guthrie Butlua Mikus Bob Dunning Vickie Dunning Nan Robinson Jennifer Vcnrick Bnx*Lujan Marissa Dymek Mayor Bums praenled c:ertificala to !hos~ praeat. He noted that this -a~ lllnlOUl. dial almoll ~ was here . On behalf~ Coaacil. be thanked ewryoae for tbeir belp . ••••• [Clert'1 nocc : Council Member Vormillal left the meeti111 at 7:51 p.m. to attend the CERT Volllllleer rec:epcioa . J ••••• (b) Tonda L. Gatewood. an Eqlewood citizea. llated dial Ille -bere 1WO Miki IF ud praealed a pacllct ro Council concemin1 cll)are. SIie cxpllined dial Ille bad 111d a lleipllor 1 , laiN Tbe IICipbor bad llwMa a rock CMr lier f"caCll ud ML a.wood said slle ~ • • 1111 -· Ml. a.wood Cllllll....aed dial Ille ncipbor -*-died lier with Ille lac ad Clllld W -. Ml. a.wood laid a police officer ta1ud 10 lier and Scaa ~ ha Codi Ea s .-• w repnlillc die lilUllioa. 81 slle bad complaillld allaa die dl)aft. Ml. o.:c.od laid 1111 ...... Im I. • ·,--.---------------------------,---- E11ciewood City Council Juae J, 1996 Pagel • • lived there approximately a year. Ms . Gatewood stated that she was not aware that she was in violation of the zoning code when she bought her house two and a half years ago. She advised that Mr. 111ompson issued a violation. but she feels the matter is more a neighbor dispute than a daycare issue. She said she really feels that daycare is nccdcd in the Englewood area. that there arc sixteen in this district. She commented that she has been a licensed daycare provider for two and half years. Ms . Gatewood said it is not the easiest thing in the world to do. you have to go through a IOl of classes, e .g. CPR/firs1 aid training. She said she was reccnified in April for another year. the State inspcctS the daycare home and will investigate any complaints regarding abuse. Ms. Gatewood said another program goes along with this, Wildwood. and they come out about CVCJY three months to inspect. She noted that it is also a wonderful program. She reiterated that she feels Englewood needs services provided by daycare providers. Ms. Gatewood said she docs it because she loves children. that she is a single mother. that she bought her house and this is the only thing that she has that keeps her alive and her children alive. She sweet she docs not think just one should be put out and not the others. She said there arc people here who have done it for seventeen years. that they arc wonderful women and that there arc women here to suppon her. Ms. Gatewood stated she is just asking that maybe something can be worked out so that they will not have 10 shut down . She said as ofFriday they did shut her down and she is out of work until this issue can be brought up and she can go back to work . She commented that it is not only for her. but for the kids and parents. and for all the other daycare providers that put in a lot of hard work and effon. Her parents have to find somebody new . the kids have to go to somebody new . She concluded by saying that she loves what she docs and docs not want lo lose it. Mayor Bums offered. as a point of information. that at Council's study session just preceding the meeting. that the consensus of Council was to put a moratorium on funher enforcement of the daycare issue in R-1- A. He said this will be in order 10 obtain some more information about this with the idea of possibly separating this out as a separate use in that zoning classification. He said that they will be procccding. that the City Manager said he would like a resolution. which they will have. and proceed to look at this funhcr and see if they can't try to accommodate this issue. Council Member Habenicht asked if that moratorium includes this young woman. Or, Council Member Hathaway said. what can be done in her case right at this particular point in time. City Manager Clark sweet that it is his undcrslanding that Council wanted to have a certain date established and anyone prior to that date would be moratorium. He said the dates arc Council's choice. that he was going to n:,commcnd June 3 ... which is tonight. and retroactive back when they bring the resolution in. Mayor Bums said that is what he was thinkin&. that he did not think they should cut off today and then prosecute the people who have been cited bcfOR. but not after. He sweet he thinks they should make it retroactive. Council Member Hathaway collllllinted that that still docs not address Ms. Gatewood' s situation. because her complaint took place before. Council Member Habenicht said that is retroaction. Council Member Hadiaway stated it is only retroactive 10 June 3,,. and asked if that is ripl? City Manager Clark said DO. it is June 3 .. back 10 whenever. but anything after June 3,,. would not be subject to the moratorium. Council Member Habenicht asked if that means Ms. Gatewood can still take care of her children? Mayor Bums commented that that was his next question . Council Member Hathaway asked if that means she c:an go back into business tolllOl'TOW? City Manager Clark said she will be under the moratorium. bec:aulc she was a prior operation. Council Member Habenicht said she hid just wanted 10 clarify that. Council Member Hathaway asked if Ms . Gatewood will have a COW1 dale oa this particular lllll1er1 City AIIOnlcy Brotzman said she may have a c:oun dale . Ms . Galcwood said no. lhal she did not ~ dial • al last Friday that was her last day and there were DO children lbefe . She llaled they also ~ this ...... • . • .. I • 0 -----------------------,.,----~-----------------------.,--- • En&lewood City Council June 3, 1996 P•ce-' • ,. - morning and there were no children there. However, she said. they did come with ticket in hand ready to ticket her. City Manager Clark asked if it was true that she was not served the ticket? Ms. Gatewood said no, she was served a notice of violation. Directing his comment to Ms. Gatewood. City Attorney Brotzman explained that she needs to be aware that Council may not amend this. That they do not want to jat her back and forth. except right now you can't have daycare in R-1 ·A and what the Council is going to do is consider that issue. He pointed out that it may not pass and it may remain the way it is. Mr. Broczman said if she is going to SWt her business up apin she needs to know that in the future it may or may not pass. He asked that she take that into 3IXXIUlll if she is going to mn her busi-again. Ms. Galcwood said okay. but she asked if she can continue her business as oftomonow. Mr. Brotzman said as of today. Mayor Bums asked if a vote is needed on this. City Manager Clark said we will just not enforce it and bring a resolution back in two weeks. Mayor Bums said okay . Council Member Wiggins stated he would like to put a stipulation on that agreement that Ms. Gatewood and her neighbor get along with each other and make peace with each other and live with each other because they are in the same neighborhood. Ms. Gatewood said she understands that. Mr. Wiggins said they should let bygones be bygones. bury the hatchet, smoke the peace pipe whalcvcr ii takes . He noted that's whal precipitated her problem . Council Member Wiggins asked Ms. Galcwood if she bough! her bomc in Englewood wilh !he intenl of opening a daycare service . Ms. Galcwood said yes and thal she had called and asked and was !old that it was fine. Mr. Wiggins. directing his comment to Ms. Gatewood, said of course you dido ·1 keep !he name of anybody you talked to. Ms . Gatewood said she just called down here. Council Member Hathaway said just as a suggestion. since !here are a couple of people in the audience. one of which has been here before in the same si!Uation and the fact that they have Vera Monlcz wbo is from the Child Care Association. thal 1hcsc people be brought in to help draft the best resolution to this that we can. She said she would like to consult !he cxperu in !he field if we can. Mayor Buras commented that he did not know if they need them for the resolution. but thal they may need them for the ultimate determination of what they are going to do u far as the ordinance is conc:cmcd. Council Member Hathaway said she was talking aboul when they c:buF the onliaance. bec:aUlc she said she can guarantee that they know more than !he Slaff' docs. Mayor Buras Slaled. if they are goiaa IO be rcplaliDa this in some fashion. that they should a:nainly consult the people that are in thc busillCII . Deputy Director Olson asked for permission to address Council. He said 1h11 be jd wUliCd clarificalioll on this apin. as Council is literaUy pun in& bis people in coclc cnfon:emcnt in a kind of bind. He said lie has been talking 10 Ms . Gatewood' s ncipbon and they have dealt with this iauc for days and days tryiaa to get this resolved . He said he wanted Council to be ral clear. if Council is goin& to allow her IO an up again during this moratorium period. that thc ncipbor is goin& to be right down on us one more time. Mr. Olson said he just wanted 10 get ii clear on this as they are gettin& bounced around. back and fonll. on the whole issue riglll now . Mayor Bums said 1ha1 they undenland his problem. Council Member Habenicht said she wanted to share that she thou&hl that when other similar situalioaa. not particularly with daycare. that have come up in neighborhoods and ncipborhood waldl si!Ualiom. She said she though! Council Member Wigias made a good poinl aboul thc neipbon aeedia& to -" something out. She said !hat thcn: is pniblbly an opponuaity tJuuuab !he neipborbood WIICh or something like that for lhcsc nei&hbon to .. togethcr ud perhaps with thc aailWICC of "-iaa ..... Council is dealia& with and being pan of the com-aic:alioll 1h11 mipl -" duaup dial. aipl be helpful . Deputy Director OI-aimmentcd tbal it is a linle -iftOh,ed than dial. 1h11 lie did 11111 "- if ii would be quite thal simple. He said people were quite adlmaal wbcn they c:allod him ud dlcy - ... I . 0 • Englewood City Council June J, 1996 Page5 0 • not pleased with the siruation. He staled ii is really Council's decision. but that he just wanted to let them know that Scon Thompson did go on out and Ms. Gatewood voluntarily, essentially. stopped having the kids in there as of last week . But again, he pointed out. if we are going to swt ii up, given the options Council will be looking at. there will be a fall-oot from the other side of the fena:. City Manager Clark staled that they are anticipating that and that Mr. Olson can explain to them that the matter came before Council, that Council wanu lo review it and instruc:tcd staff 10 pull off on enfon::ement until they review it. Also. Mr. Clark noted that he can invite them lo become a scheduled visitor in two weeks and attend all the wning hearings. etc. Mr. Clark noted that also they ha\'C indicarcd to Ms. Gatewood that if this amendment docsn ·1 pass then she and the other daycare centers will ha\'C to comply with the R-1-A. Deputy Director Olson apologized for coming forward like this. but he said they kind of caught him off- guard with the actions that were just taken. Mayor Burns said he realizes that Mr. Olson has indicated they just made his job a lot harder. Council Member Hathaway noted Mr. Olson is asking for clarification and she C."Plaincd that all they are doing is issuing a moratorium on enforcing a cease and desist order on R-1-A dayc:are centers. Mr. Olson commented that that essentially includes Ms . Gatewood in that process. Council Member Hathaway said yes. because: she is one of the ones in R-1-A . Ms. Hathaway clarified that if she geu in a dispute with her neighbor. which is totally unrelated 10 the daycare siruation, then he should enforce that one. Mr. Olson advised that they do. however he just wanted 10 let them know that ii is all tied together. Council Member Wiggins told Mr. Olson. when the other neighbor comes forward and jumps down his neck about this other siruation. to 1ell 1hem they can come before Council just like she did and speak their issue. 7 . No11-11c:hcdulcd VillilOn (a) Janice Boyer staled that Tonda Gatewood is her daycare provider and that she is wonderful . She staled that she has seven children ranging in age from founcen to sixteen months and she has gone through a lot of dayc:ares. She said that Ms. Gatewood CMS the children the special care that they need. 1hal John is sixteen months old and has been ia her care for three weeks. She said he kMws his nose. his ears. his eyes and if she were to take him to Kids Care or one of the other bis daycare centers be would not get this kind of special love . She said be getS up al 6 :30 a .m .. getS his clodles. getS his diaper bag and he knows he is going 10 Tonda's . He could not go to Tonda's on Friday because she had to go 10 court. he couldn ·1 go 10 Tonda 's today because she was closed down. She asked how you explain to a sixteen month old child that he can 't go sec Tonda. Ms. Boyer commented that she walks him down to her everyday and they get close 10 her house and he 's uyinc to get out of his stroller going Tonda. Tonda. She said she knows dayc:are is easy lo find if you take them to a big place. She said she is a single parent and has to work . She staled that if she docs not work. her kids do not have clothes on their back or food in their mouths. that they have nothing if she docs not work . Ms . Boyer said that Ms . Gatewood is reliable. inexpensive and she is great She asked that they please not take her daycare. as she is the best thing that she has found in her founecn years of being a parent Ms. Boyer noted that she has a special child with spin:1 bifida and she docs not lruSI too many people with her. She said that right now she is living with her father because he does not have 10 work as many boun as she does. Ms . Boyer swccl that when she gets her back she definitely plans on takinc her to Tonda bcc:aule she knows that Tonda can be there . She said. if she needs something or falls and huns hcndf. she knows Tonda will call her and she can come home. She noted that a lot of the daycares doa ·1 do 1h11 . She said that the daycare she is with now will not say anythin& if she falls out of her wheelchair. She said if John falls Tonda will call her at work and tell her he fell and scraped his knee. Ms. Boyer reitcra1ed that she is the best daycare she has •. I • 0 • Englewood City Council June J, 1996 Pase6 • • found in her founccn years of being a mom and if there is anyway that she can keep her, she asked that she please be allowed to keep her. She said she knows it sounds strange but that she is great. Council Member Hathaway noted that Ms. Boyer said that she walks down to the daycare, so she must live in the same neighborhood, and asked how far away she lives. Ms . Boyer said yes. that she lives about eight blocks from her and he knows Tonda's house. Ms. Boyer said that Ms . GalCWOOd has a park right lhcrc and be secs that park and he is uying to get out of his stroller and trying to run to Tonda's. Council Member Hathaway asked for her address. Ms. Boyer answered that she lives at the Holiday Moccl at 4475 South Broadway right now . (b) Joan Smallwood. .J737 South Fox. noted that she spoke to COIIIICil a couple of times last fall rqanling the R-l·A ;zoning and its effect OD daycare and bcndf. She said she wanted to reiraarc a few tlungs. She SWcd that on October 2,.. Council voted to stay this illue for an indetcnninarc period of time and she received a letter which states that the enforcement actions OD daycare businesses would be put on hold until this issue could be resolved which. she noccd. is basically what COIIIICil rcSWcd earlier tonight. Ms . Smallwood maintained that daycare provides a very valuable service to our community and to the residents of Englewood. She said all of Englewood will suffer if they do DOI have child care within the community. She DOied that itjUSl takes people out of the community. that they don 't shop at the local stores or local gas stations if they have to go to Littleton or Denver to drop their children olf or pick their children up. She commented that those :m: the stops you make to and from work. we have all been there, done that. Ms. Smallwood noted that there an: fifteen licensed dayca,cs in the R-l·A district in the Englewood area. She said she and Ms . Gatewood arc two of them. Ms. Smallwood commented that Ms . GalCWOOd sits right on the boundary line. that literally if you lived across the alley from her you could operate a daycare with no harassment. She said its really hard when you say they can do it there. we can't do it here. they can do it there, we can't do it here. Ms . Smallwood stated that she would like to see some consistency throughout the City that all residents be ueated the same regarding daycare. That they would have the same kind of daycare rcstrictions and controls that maybe you would have if you lived east of Broadway or you lived in an area that was not an R-1 ·A district. daycares an: pennittcd in those areas. She commented that she hates to see that a neigbborhood di~ can pit one neighbor with such leverage that they can shut down a persons livelihood. tenninarc their livelihood. terminate perhaps the ownership in their home and force them into bankniptcy. bccaulc we are quibbling over thinp that are perhaps not daycare related. She added that clcarty the SWcs rqulates their businesses very. very. very stringently . If there is any problem in the daycare home. • far • the daycare operation. the State is ript in there. they will shul them down and not even give them a 30 day nouce . Which. she said. is nice of the City to give them. However. she reiteraled.. that the State will shul them down within an hour. Ms. Galewood SWcd that she would like for the Council to let the State take that control and have that control • they p,escntly bave. with the blessin& of the City. Ms. Smallwood commented that she heard a few people refer to daycare homes as centers. She said they really are ROI centers. they are ROI licensed as centers. that they are really private individual homes . The maximum licenses are six children. with a few except.ions. you can sometimes have two school age children in addition to those small ones. which would make a maximum of eight children. She stated that they don ·1 create a burden upon neighborhood communities. She said no more children play in her backyard than play in the backyard next door to her. She DOied they do not create a noise problem. Ms. Smallwood swcd that she does not feel. jUSI because they live west of Broadway or in little enclosed areas in there. that our homes. residences or neighborhoods arc really subslantially different than any of the other neighborhoods as far as residential . Ms . Smallwood said that they just ask that Council p11Dt. and really seriously consider excluding daycare when they arc looking at in-home busincues. (c) Harold Celva. En&kwood Downtown Dcvclopma11 Authority (EDDA) Director, aid that he has a request to make which is contained in a let1cr and -additional documentation. He • . ., I • 0 • l•clewood City Council J•ae J, I 996 Pace 7 • t• - passed out copies of the letter and attachments and read from the letter. He stated that EDDA is now beginning the eighth year of the summer concen series. He said that over the last two years the aaendance al the concens has increased dramatically and has cre:ued a problem with the capacity of Linle Dry CRCk Pilla to adequately ~seal~ these larger crowds. He stated that they have studied alternative sights. but feel that given EDDA's sponsorship of the event that the Pilla remains the best location. Mr. Celva explained that in reviewing the Plaza. and the audiences' use of this area. they believe that a solution to the problem can be best achieved by modifying the planting material used in the four small octagODal planters at the north end of the Pla7.a. He said the goal of this proposed change is to open the view of the stage from a greater area of the Plaza. He noced that Council can sec on some of the pictwa, included in the back as well as the overhead. how much of the Plua an:a is aat off for seating. He Slated they propose a modification that would consist of removing the existing bushes and small. low crowning trees and replanting these areas with other material that could be maintained al a lower height He said they would suggest uying this for the summer season and if it is decided that the trees should be replaced in the planters. that a variety with a single trunk and higher crown be selected and replanted in the fall. EDDA. be advised. would fund the cost of replacement planting material, but would request that the necessary labor be provided by the City . Mr. Cclva advised that they have run this by Parks. City Manager Clark and he thought that Bob Simpson has had a look al it. He said everybody concluded that this is something they should direct to Council and this seemed to be the most expeditious fashion of doing it. He said they appreciate Council considering their request and they look forward to seeing Council al the concens. Council Member Waggoner asked if they have had any kind of landscape an:hilCCI take a look al this to tell us what kind of bushes and uees they arc proposing in there. Mr. Celva responded that be would probably not be proposing any bushes. Mr. Waggoner asked if it is true that they arc talking about a low growing shrub of some type. Mr. Cclva said probably some kind of pfitzcrs and either annuals or perennials. He said they can have a landsc:apc an:hilCCI look al it. Mr. Wagoner asked what is in there now? Mr. Cclva said he believes there is a dwarf honey locust and barbcny, that the planters themselves arc about eighteen inches high wilh a railing and the existing bushes probably grow an additional cighlccn to twenty-four inches above that Council Member Wagoner asked if he would be satisfied if a bush would be put in there that would not grow above the railing. Mr . Celva said that be would prdcr that nolhing grow above the railing. Mr. Waggoner said they need to know what type of bush that is. Mr. Celva said be would be happy to have somebody draw something up . He said he thought the City Puts might have some c.,q,enisc in this. e.g. case of maintenance. Council Member Habenicht asked if she undenlands comctly that the EDDA is willing to pay for the plant material and for a large enough caliber trcc 10 have that crown be high enough so that it would be a fairly marurcd trcc in there . Mr. Celva said be is sayin1 that he would like to sec the options examined and determine if they really want a ll'CC in thole planters. He said be is not c.uctly sure what an:a the tree has for rooting and he is not sure whclhcr yoo will get any ll'CC that's going to be anythin& but kind of a unhealthy minia1ure if there is concrece . Council Member Habenichl commenced that she thought ii would be nice to have shade. She asked if the City would have lhe trees that are in 1hcre 10 be placed elsewhere in the City . Council Member Hathaway said she thought that would probably be up 10 our opcion as to whether they could be saved or not. Mayor Bums commented that the phocos seem to show that they obsuucl the SIISC quite a bit. especially from the back area. He asked if there was any staff comment on this and said llw be realizes that this is an unscheduled visi1or section . City Manager Clark advised that they weR approached by Mr. Cclva and lhoupt that this could be. po1e111ially . a sensitive subject ifthey WCR to unilalcrally ao out and start moving trees around. He said thal is why Ibey suggest Mr. Cclva appear before Council and gee a 1C111C of I. 0 • ., ______________________________ _ l.nclewood City Council J•ael, 1996 Pqel • , . • the Council on this . Mr. Clark felt Council could appreciate that if we stan pulling shrubs and trees out bow touchy people can get. Mayor Bwns stated he thought if they can replace it with other material that would still be decorative and provide some shade but would allow the view we are seeking, that he would not have any objection. Council Member Wiggins stated that is the issue he has . That it is a concert for sound. not so visually to sec wbal is on the stage with the exc:cplion of-groups that do perfonn movement like the Polynaian group he-down there. He said that to IDIIII of them it is the sound they listen to. He commeafed that • he goes to the concens. and walCba the people. that they are not so engrossed in watching the members play • they are in hearing the IIIUlic. looking ll'OUlld and enjoying the immedialc sceaay around. He said be did not see uy prublcm. Mr. Wigim noted thal another thing be pu a kick out of is that it draws a lot of handicapped people ro the front. they gel down there prubably a half hour bd'ore the program ewr begins and they me scarfed up the whole front area with their chairs and they are not Englewood residenlS. they are bused in here from various home care people a good part of the time. Mr. Cclva noted that the pictures show that while the experience may not theoretically be viewed as a visual cxperieoc:c. that people do not se:at themselves behind the planters. That you will find people leaning againsl the railing back by the pond. but you don't find an awful lot of chairs behind planters where there view is obslructed. He said for some reason they want to see they stage. Council Member Wiggins said to a degree. but that one of the reasons is. that is where the sound equipment is and sometimes it is so loud you want to gel away and get back away from it. Mr. Wiggins stated that he would be a little less inclined to take anything out of there . Mayor Bwns said that he tends to agree with Mr. Celva that he thinks that people do so ID see the performance. However. he asked. if they do this. could they remove and replace at the same time so people would not be upset if there is an empty planter there for a couple weeks . Mr. Celva said absolutely . Council Member Hathaway advised that one of the other things that has always praented a problem is what was called the "center stage area" at the time the PlaD was dedicated. Sbe said that was oripnally supposed ID me been for performances. that ii is the biger area that has the flat ooacretc piece in the middle that doesn't gel used for hardly anything. Ms. Hathaway asked if there was any pouibility, if- are indeed going to change the planters and whalewr. al looking at perhaps taking that out and either malting a smaller planter with the same type ol trees or whalewr. She said it is jusl kind ol in the middle ol no where doing nothing in the middle ol tbe PlaD. Mr. Cclw noted that it was desiped ID be a llqe. but it is 100 small to be a stage. Ms . Halhaway said it was designed ID be a stage but it has newr been able ID be used . She said she thought the only lime they had ever used it was when they did the one ChrillmM program and that was because they had the tree SCI up on it. Mr. Celva said yes. Council Member Hathaway stated that she feels that when they do this that they need ID evaluate the whole thing, because that could be seating space and it is not. Mr. Celva said be would be more tban happy to have a landscape architect do some suggested plantings. Mayor Bwns asked about the location of the area Council Member Halhaway -talking about. She pointed it out to him and noted that it has very seldom been used for anything and kids crawl up and down on it during the concens and stuff like that . But she pointed out that that is an ideal sining space became it is immediately back from the stage area . Mayor Bums said that he thinks that is another issue . • . I . 0 ~-----~-----------------·--------~--------~---------~ • Enclewood City Council JuaeJ, 1996 Pa&e9 '· • • Council Member Hathaway said that what she is saying that if EDDA is willing to foot some of the aJ5l for some of this they might be able to look into it. Mayor Bums said not some. but all of il Mr. Celva stated that before they volunteer EDDA for the aJ5l of all of it that he would certainly be interested in finding out the cost of replacing that stage area. Mayor Bums said certainly. City Manager Clark noted that Mr. Celva had said thal EDDA would provide a landscape architect also . Mr. Celva said that if that is Council's desire to have somcthing clmm up by a landscape architect. instead of somebody from the Pub jUSl planning by the sell of their panlS. that he would be happy ID do so. Mayor Bwns c:ommented that Mr. Cdva is fishing for a little help from Pub and Recreation here. but if this is what EDDA would like he asked if they had dilcuaed who might talk about what plantings could be put in here and who could supply the expertise? City Manager Clarlt said what he would like ID do is discuss this al staff meeting. that he is kind of inclined to get a landscape architect. someone who knows all the specifies of trees and could provide us some level of assurance that they would not become an obsuuction somewhere clown the line . Council Member Waggoner commented that they know what the growth patterns are and how high they grow and how fast . Council Member Hathaway said not to mention the fact that we need one from the standpoint of maintenance because EDDA is only offering to foot the cost of the materials themselves and not the labor involved or the ongoing labor involved . She stated that she thinks that they should get something that is fairly low maintenance also. so that they are not burdening the Parks staff because we put in other stuff. Mayor Bums said that he feels we need the expertise . City Manager Clark commented that that is a high visibility area so a landscape architect might be able to think of some species or applications that perhaps we would not think of in-house. Mayor Bums said he thinks it is imponant to know how you can remove and replace al the same time. Council Member Waggoner noted there are some trees tbal grow as Mr. Cclva said with a Siem and lben the canopy and some that grow the other way and we need to know which one is which and how high they grow . Mr. Cdva commented that they also need to know the suitability of the location itself for a tree. Council Member Hathaway noted that the last thing you want to do is take out all those brick pavers with roocs from trees. have them go clown and move everything up . Mayor Bwns said yes. that you might put some trees in there that the root structure would oot work in thal confined space . Council Member Hathaway commented that now it is in the staff's hands and Mr. Cclva will get an architect. Mr . Celva said they will be happy to and present a plan to Council sometime in the next couple of weeks . Mayor Burns said that if they get an architect Council will sce if they can help them out. (d) Karen Floyd. President of the Englewood Junior Chamber of Commerce. adviled tbal Mitch Waldman called her two weeks ap IO tdl her tbal Eaglewood WU having a fireworks fellival dlia )Ur. She stated that be offered the Englewood Jaycms a locllioa if they wuad to do a boadl or a carnival type aanction . Ms . Floyd said she 1am it before the Board and they said ya. lbal they dcftailely ..... . , • .. I • 0 '32xl • EncJewood City Council Junel, 1996 Pace 10 0 • want to get out in the community . She said she has been informed that it has been lradition when there is a fitcworb festival that the Englewood Jaycees host a dunk tank. Ms. Floyd staled she has come forward to request Council's assistance with this. She asked for their panicipation in the dunk tank for a 15 minute time slot on the fourtll of July . Ms. Floyd advised that half of the proceeds from this will be donated back 10 the City 10 assist with the fireworks festival next year. Council Member Hathaway noted that she has already put a message on Mitch Waldman's machine as he left her a message. She said she figures that by July 4111 there ought to be a lot of people who would pay money to dunk her. She said she will be the first one to sip up and that she will do it gladly. She advised that she has done it before and will do it apin. She asked Ms. Floyd to sign her up for the times she does ROI gel people for. Ms. Hathaway noted that she has raised money for Englewood football team. Cops ·N Kids and had Tom MUllds, the fonner City Manager and different campaign staffers in one of those dunk tanks. She invited Council to uy it as she said it is not as bad as they think. ( e) John Vogt. 317 5 South York Street. staled that much to his chagrin he discovered last weekend that the house across the street. 3168 South York Street. was sold to a party who was going to put in another nursing home or assisted living. He said they have one a half a block away and that be thinks the density of the two within a half a block of each another will contribute to heavier traffic. There are a IOI of little children on their street and he feels it will lower the value of thcir propenies. Mr. Vogt maintained that they will be known as a nursing home area. He said he has talked to Council Member Waggoner and City Attorney Brotzman about this and Mr . Waggoner had Harold Stitt call him back. Mr. Stitt called him back and told him that there was nothing he could do about it. that it has already been signed by the Council and it is going lo wherever it needs 10 go to be lic:enscd. Mr . Vogt said he wasjUll wondering how they can allow us to have one when they have a code situation that should apply to a close neighborhood like that Mayor Bums advised that tbe City Attorney has this later on the agenda to speak to, but he asked City Attorney Brotzman if he wanted to speak to the issue now7 Mr. Brotzman staled that if Council Wlllled to move that forward on the agenda he would be happy to address it. Council Member Hathaway suggested that Council move that forward a& City Auomey Brouman's request . She noted that it is not published on the agenda because Ibey were l(lia1 to discuss it ia Study Session. Mayor Bums advised that they didn't get to it in Study Session because they ran-· but City Attorney Brotzman said he would address the issue durin1 the Council Meetin1. City Attorney Brouman staled that thcre is a requesa from Council Member Wagoaer to l'unbcr pursue this. Also. he said he has talked to Mr . Vogt about this. Mr. Brotzman e.'qllaancd thal puup homes are somewhat unique . He noted we staned to gel into this about lhRe yars aao when wc IIJl the firsl poup home and went into an area and basically said this is sin&k l'amily and you can't move ia there. Mr. Brotzman stated that what they learned is yes they can because thc Federal Fair Housin1 Ad pre-emps our zoning in this area . He advised that we can ti&htcn up our zoaiq -. wc can work on housiq and building code regulations. but he stated. in all honesly . that will not stop this poup home. He said Ibis is a true group home that the Federal Legislation puts in our zonin1 and is one ol tbe problems ol the Federal Fair Housing Act . City Anomey Brotzman collllll&:tltcd that what they looked at. and tboupt - real unique at the time. w:is this w:is a business in a sinpe family IClli111, you can't do tbal. Whal they learned is that we are not real unique in our thinkin1 and we have been bealCn to the punch. becaUle ocher cities have tried that and lost He said they looked al sin&k family housin1 R·l·A bein1 our IIIOII restrictive. housing should be separate and apan. and the answer -other cilia have tried Ibis and they lost . He IIO(ed that we can ti&Jtten things up. there is IOIIIC new CIR law. buically the pendulum bad aonc to procect poup homes al any cost . He said that -the pendulum is bqinnins to So back the ocher way. He stated it was allowing real estate developen to buically move apanmcnt complc.us imo liape 0 I • 0 • EncJewood City Council June J, 1996 Page 11 • , . • family areas using handicapped enuy ways and basically bringing in a handicapped person so you could put apartments in single family are:is. Mr. Vogt said that is what is happening here. Mr. Brotzman said that is right and that pendulum is beginning to go the other way but not very far . He said what you have to know is the enforcement on this is three fold. one is the attorney for the group home, second is HUD 5lep5 in, third is the Depanment of Justice steps in on you . He said Denver had a code that is very similar to ours and that section is no longer in their code . He said that is because they went to District Court and lost. they did not pursue it to an appellate coun and it went away . He advised we can work on ours but it is going to be one of the areas that is very . very difficult that we are going to have approach. He explained that we are going to have to approach this very c:arefully in the future . Bec:ause. he advised, if you lose one of these you have to pay all of the Q)Sl of three attorneys. the Department of Justice. HUD and their private attorney. He said he is not saying we can't work in this area. but we have to be very c:aref'uJ when we go forward . Council Member Habenicht stated that City Attorney Brotzman has indicated that there have been a number of communities who have fought this kind of thing and lost . Sbe asked Mr. Brotzman if there have been any communities who have fought chis kind of thing and won? Mr . Brotzman responded that the only case is a recent one and that recent one is not saying you can prohibit group homes from single family , what they do say is that structurally you can make them stay in a single family dwelling. He said it is his understanding that they are not modifying the house in this case. structurally. other than to bring it up to the building code. Mr. Vogt commented that we don't know that. City Attorney stated that staff' is working to make sure the building code issues are being taken care of so the people in the house are protected. Meaning. he said. that they have to come: up to fire standards, they have to have egress windows in the house. Those things are being taken care of because. he noted. the chief building inspector has issued an order on this house addressing those things. He stated you can 't change suucturally. but they are not in this case. so we can address those issues so you keep a single family house on the outside. but you have five individuals who are unrelated receiving health care in the home . Mr. Vogt stated that there are eight people going into this home . Mr . Brotzman said it may or may not be a good idea, but the other thing they can do is you can restrict the number of people in the house. the number of bedrooms. square footage to the people . He e.q,lained that what that does though. is when you restrict to square footage per person. yes you lessen the number of people: in the house. but you also illlplld R·l·A more because the largest houses are in R-l·A and you get more group homes trying to move into R- t-A. He commented that it can be a catch-22 on that . COUDCil Member Wagoner Slaled thal be has asked City Attorney Brotzman to get him copies of the lqislalion tbat allows IJ'OIIP homes in R-1-A. He commented lbal he knows it doesn't comply with our R-1-A zones. but he feels they should know e.uctJy what they are !'acing. Mr . Waggoner asked that he also send John Vogt a copy of those rquJations so at lcasl the nei&hbon in that alCl are aware of the regulations that they do have to go through :ind the requirements and definitions that define that as a group home . He said he thinks we have to look very clore at those and at least uy to SU\lctUIC our zoning ordinances to where we don't gee a proliferation of these in the R-l·A zones . Mr. Vogt asked if there is some kind of regulation about putting them so close together? Mayor Bums said he was going to ask the City Allomc:y about that himself. City Attorney Brotzman said that Denver does address that . Council Member Hathaway asked if we did in ours. Mr. Brotzman advised that we don 't in ours curren1ly . He said it's one of those things that do you want them toplher or do you want them apan . He said he will work with Planning and Zonin1 on ii if they want to space them out in the City . Mr. Vost commented thal the closer you are aoin1 10 put them in an area, the less the properties IUITOlllldina it are goin1 to be -.th. City Attorney Brotzman advilCd that the question is do you want them clustered toaether or do you wanl them distanced . He said that is really a plannin1 question . Mr . .. I • • Englewood City Council JuM J, 1996 Page 12 0 I• • Vogt said that if they want to put lhcm together they should build them all in one area and isolalc it raaber than dropping them here there and every other place . He said especially in that close of density. Mr. Brotzman stated that that is one of the issucs that Zoning is going 10 be working with us on. to address those issucs of what is the best way 10 conceptually follow that. Council Member Habenicht said that the question comes 10 her mind. is ii possible to zone an area for a group home within a community and take care of that situation . City Attorney Brotzman said lhat the next step is definitionally what is a group home . He said a group home really needs to be defined in our code as wc are dealing with a very old code and he thinks wc can be a lot more careful on what is a group home and what isn't. He said wc have a very, very broad definition on what is a group home and it is probably too broad. It allows cenain issues lhat we don ·1 have to allow into single family zones simply because of our definition. He stated that that is one thing that we do need to correct. Mr. Vogt asked if these people have already been given a license to move in? City Auorney Brotzman advised they have received zoning. He pointed out that cenain people arc classified as group homes, ccnain people aren ·1 and you have two. that received a rezoning that came up. that docs not come before Council . He noted that those arc not described as group homes definitionally and the people themselves said this is not a group home. these are higher care facilities . Mr . Brotzman advised that his office and zoning looked at these. and zoning will continually go back to the people. 10 make sure its a group home, not a care facility . Mr. Vogt said he docs not know what the difference would be there. Mr. Brotzman stated that the hard pan is that even if you read the legislation you have 10 go beyond the legislation and stan reading the case law . He said that is why they are looking at some of these case by case and the next step is. wc are going 10 have 10 define these very. very tightly when wc modify lltis again . Council Member Waggoner asked what has been approved on this so far? City Attorney Brotzman said that the one that Mr. Vogt is talking about did not have 10 get a zoning approval . Mr. Waggoner stated then this one does not have anything that has been approved by the City so far . Mr. Brotzman said that it bas been at a stalflevcl saying you are a group home our zoning can't prohibit you. Mayor Bums said then. in other words. ii is not a situation where the City says wc give you a license or rezoning or whatever . He said ii is simply a situation where it docs not violate the law. City Attorney Brotzman said ii is not a conditional use . Council Member Waggoner said then wc haven '1 given them anything really. City Attorney Brotzman advised that wc have told them that wc can't prohibit you from being there . Council Member Hathaway asked if there is any way to construct this panicular section of the zoning code. taking into account the case law . To make it similar to what wc are trying to do with the PUD process. where there has to be a required hearing of the neighbors of the general vicinity . City Attorney Brotzman said no . Ms . Hathaway said then there is not a way that you can do that legally . Mr. Brottman pointed out that that is the e.'QCI thing that has to be prohibited. He said they should remember that this one is based on diS1:rimination and what you are talking about is handicapped individuals. Thal the deSl:ription of what is handic:ippcd is very. very difficult because what they have taken is ADA language which docs not have anything 10 do with this. He said they have used the reasonable accommodation terms under ADA and a handic:ippcd can basically be anything you can think of that can be a handicap. Mr. Brotzman commented that the impact of this federal legislation. when ii throws out our zoning. is so amazing and it has been applied so broadly so far. saying that that is a handicap and your zoning docs not apply 10 it He said what wc c:in do is do very. ~ry fine definitions through the case law of what has aonc before us saying that is a handicap. this isn ·1. He advised that you can't make structural type i1SUCS and that is what we will be looking at. He said lliat !he problem in ll1is case is even if wc did all that to this house , the federal legislation is probably going to mandate that we allow a group home in that location. Mr . Vogt commented that that is kind of like an unfunded mandate . Mr. Brotzman said right. Mr. Voat said they tell somebody 10 do it and there is nothing you can do about it. Mayor Bums said that is right. Mr. Brotzman advised that this is going 10 be an on-going project that wc are goin& 10 keep wortin& on. •. D I • 0 • Ea~ood City Council Junel, 199' Pqell • - Mr. Vogt asked iflhis home is going to be allowed to take place. City Anomey Brotzman said we can't stop it. Council Member Waggoner asked if we know for sure that it meets all the definition of a group home. Mr. Brotzman said staff is still wooong on that because one goes in and it begins as a group, but that doesn 't mean that can't change to something else later. Mr. Waggoner asked if you don't have to approve it if it does not meet the specific requirements of a group home, right down to the T . Mr. Brotzman said that is right and advised that staff will get him a response on that issue. Mr. Vogt asked what is to be addressed about the proximity of the two different homes within a half block of each other? Mr. Brotzman said that right not we don't have anything that does that. Mr. Vogt pointed out that this other home is only a half a block away from this one. Mr. Brotzman said right but we don't have anything prohibiting that. Mr. Vogt asked then if that can be addressed by the Council and adopled probably? Mayor Bums responded that all of these issue are to be included in the review and research that the City Attorney is going to do with staff. Mr. Vogt said but the horse is out of the barn already it is too lale. Mayor Bums stated that we have to live with the way the law and ordinances are right now which is what the City Attorney is telling us. Council Member Waggoner said that is if they meet the all of the definitions. City Attorney Brotzman and Mayor Bums concuned that they still have to meet the definitions. Mr. Vogt asked if that has happened. Mr. Vogt was advised by Council and the City Attorney that that is still on-going. Mr. Vogt asked when that will be resolved. Manager Bob Simpson advised that they have been taking a look at it and they believe the definition bas been established. However. he noted that they will give it additional review and prepare a set of findings about what that information shows before it comes to Council for their consideration. Mr. Vogt said that his point it that in the meantime they are allowed to move in and start this whole process going. Mayor Burns stated that they do not have an immediate answer for him, even though he wishes they did. Mr. Vogt asked if they thinks it is fair? Several Council Members said no . Mr. Vogt asked what is fair about d1is liberal government in Washington. that that is the whole problem. Mayor Bums noted that it is not the administration in Washington. that it is the Supreme Court. He said Council appreciates his problem and noted that Mr. Vogt had phone him and he talked to his wife and left him a message and that staff is looking into it. He staled he would like to have a more immediale answer and they do not think it is fair. He reiterated that they jllll have to let the City Attorney and staff do their wort and come back to Council to see what they can do about it. Mayor Burns said that they wiU keep Mr. Vogt informed. that he is perfectly free to communicate with us all along. Mr. Vogt said he apprecialed that. Mayor Burns said they will uy to help him if they can. (I) Owen Beaver, 3148 South York Street. he said he lives two houses down from this house. He stated that this house bas a basement with a spiral staircase and that is the only way DUI of the basement. He said if you arc talking about a low egress window they would have 10 be put in before thole people move in. He stated he bas a real concern if they are still mobile and you have a fire there or any kind of a problem how they arc going to get out until you get !hose low egress windows in. He advised that the average low egress window is about S,l,000 because he bas already looked into for his own safety. Mr. Beaver said if this house is ready to mcwe in he does not think it is. He said it bas plenty of bathrooms. He said he moved into this neighborhood to get away from HUD telling him that they have to tum this house in to help DUI the poor . He Slated he knows bow the system works and now he bas moved into a better neighborhood and the system is already thrown ri&ht back in his face . Mr. Beaver stated be used 10 live in a neighborhood of $90.000 homes. HUD comes in and say we arc aoing to buy that house and tum into the poor. But. he said they didn ·1111 over to Monaco and buy up a $200,000 house because those nei&Jlbors would raise hell . He said that he is a neighbor that is raising hell now . that he knows you can ·1 stop the federal government. but they SlOpped an assisted care living on Danmouth and South University. He said zoning stopped ii and then it came right down on his street and there is nothing that can be done aboul it Mr. Beaver said thal already the people are movin1 in and out. they are drivin1 up and down the street. one kid can · 1 decide on what side of the street to park his car on. He said they ... I . • Eactcwood City Council .June l, 1996 Pace 14 <, • - brought in four dogs and he asked what the code for dogs is in the City of Englewood. Someone said two. Mr. Beaver said two and ahcady they are violaliog that. He said the dogs come and go, they take a pee and they !caw. He said he is saying that this house rally needs to be looked at. is it safe for seven or eight people to be living in at a cenaio time. He swed thal be lives next to Poner Hospital and Porter Place and the Denver Fire Depanmeot rolls in there six or eight times a month because of hair dryers being left on, smoke dereclors going off or showers being lakcn to long. He said all of a sudden this is going to stan rolling down right ne.u to him. He swed thal be WIS for the assisted care living right up on Dartmouth, tbal be didn't want tbal big DIOllller they wanted to build but be WIS willing to say that if they aiukl come dawn ud not impact the people to the oonh because --9 aaisted care living. He said be is part of the baby boom ud be is p:aing old at the IF of 49. He said this is the biggest house in his whole oeigbborbood and be just doem 'I kmw if they CIII Fl Ill die lblft' done before the people IDOYe in then they will jull have to liw with iL He said his only problem is 1h11 once this house is adjusted to aaisted care living 1h11 it C111 De\'CI' go hick IO a~ family. City Aaonley Brotzlllao said it C111 go blck. but die prlClic:al aft"ect after it bas been ~ is pniblbly las. Mr. Beaver said maybe tbete is not that much reengineering to do, probably • ramp up in from . He said they do have a large slope. the ramp will probably have to go ewer to the dmeway. He said it is still a pretty Sleep driveway and if you put your -vehicle there it has 10 be in gear and you have to put your brake on. Consequently, he said, he does not know what that ramp is going to look like once the City gets out there and says the ramp bas to 8ow south or nonh. He said that is his problem. once it is established and all the changes have been made. they will have 10 live with it. Mayor Bums said he understands that basic code c:ompliaace has to be done here. Mr. Brotzman conc:umd. Mr. Bums said the City is going to .-itor IIIOll of iL Mr. Beaver asked if this permn is willing to pay this kind of money? Council Member Hadlaway said apparmdy ID if they think they C111 do it, they bought the house to begin with so they bad to have a little bit ofmo.y. Mr. Beavcr aid be knows that but are they talking about two low epa1 windows. oae in the hick and oae in die froaL Mayor BW11S aid that they can't ._ thole qualions here at this Council ..riag. Mr. Beavcr said be is just saying that that is what is being brought up, you an: saying there is zanioa ud tbete is aadlilla - can do, and be aid he is saying wait a mioutc if you have to pu1 in two windows. Mayor Burlll llllled 1h11 his poiDIS an: perfectly valid ud there lllUII be code compliaoce with a facility like this. Mr. Beavcr asked if they will tar about this again down the road from the pa1lcman in the audience. IClert 's aotc: He WIS referring to Manager Simpson. I Mayor Bums said that -have code compliaace afficen lllo. City Attorney Brotzman said that is acrually Buildina and Safely. 8. COUNCIL MlMaER HA TIIAWA y MOVED, AND rr WAS SECONDED, TO ACCEPT I (a) AND (It) FOR INFORMATIONAL PURPOSES ONLY. (a) NoliflCllion of the Planning aad Zoain1 Commission ·s actions reprding a rezoning requesa in the JOOO block of South UDMnity Boulevard . (b) NoliflCalion of the Planoina and Zoning Commission's aaions reprdiog an misled living facility planned ~lopment in Hampden Hills. Ayes : Nays: Ableot : Motion carried . Council Members Hathaway, Wigins. Habenic:hL Wagoner, Clapp, Bums None Council Member V~aq I . 0 -----------------------.• ,---------------------------=--- • • • E•ctewood City Council J-3.1996 Pqel5 9. ..blic Bearinc No public bearing was scheduled before COUDCil . 10 . c-tApda COUNCIL MEMBER BATRA WAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 {a) {i) _. {ii) ON rotST READING. {a) Approve OD First Reading {i) CONTRACT wrm MARTIN AND WOOD FOR AN ENGINEERING ANALYSIS OF ENGLEWOOD 'S WATER SUPPLIES AND DEMAND IN 1llE AMOUNT OF $35,000 . (ii) COUNCIL BILL NO . 30. INTRODUCED BY COUNCll.. MEMBER HAnlAWAY A Bll..L FOR AN ORDINANCE AU1ll0RIZING AN INTERGOVERNMENTAL LICENSE AGREEMENT BETWEEN 11fE ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS AND 1llE CITY OF ENGLEWOOD. COLORADO PERTAINING TO ARAPAHOE COUNTY CROSSING CITY DITCH wrm FIBER OPTIC CABLE IN CONDUIT. Ayes : Nays : Absent : Council Members Hathaway, Wiggins. Habenicht. Wagoner, Clapp, Bums None Council Member Vormittag COUNCIL MEMBER BA TRAW A Y MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) {l) a (Ii) ON SECOND READING. (b) Approve OD Second R.eadin& (i) ORDINANCE NO. 24. SERIES OF 1996 (COUNCIL Bll..L NO . 19. INTRODUCED BY COUNCIL MEMBER HAnlA WAY) AN ORDINANCE REPEALING TITLE 16. CHAP1B 4, SECTION 15, ENTITLED PLANNED DEVELOPMENT DISTRICT OF 1llE ENGLEWOOD MUNICIPAL CODE 1985 AND ENACTING A NEW TITLE 16. CHAPTER 4. SECTION 15. EN1TT1.ED PLANNED UNIT DEVELOPMENT ZONE DISTRICT . (ii) ORDINANCE NO. 25. SERIES OF 1996 (COUNCIL BILL NO . 28, INTRODUCED BY COUNCIL MEMBER CLAPP) AN ORDINANCE EST ABUSHING A TEMPORARY SUSPENSION OR MORATORIUM OF CERTAIN MISCELLANEOUS BUSINESS LICENSES FOR A PERIOD OF SIX MON'llfS. .. .. I. • 0 1 32xl • .;------------------------- Eactewood City Council Jane J, 1996 ,.~ 16 Vote raults: Ayes : Nays : Abstain : Absent: Motion carried. • - Council Members Hathaway, Wiggins, Waggoner. Clapp. Bums None Council Member Habenicht Council Member Vonnittag 11. OnliuKa, Raalalioal ud Madau (a) Approve on First Reading (i) Mayor Bums Slated. as Chairman ofthc Englewood Housing Authority, that be would abstain from any discussion or voting on Agenda Item 11 (a)(i). He asked that Mayor Pro Tern Habenicht lake O\'Cf during this discussion. Executive Director Malinowski prescnled a recommendation from thc Englewood Housing Authority IO approve. by motion. an c.~nsion of the Option Agreement for the Sherman Strccl properties. 3400, 3410, 3420, 3424 and 3428 South Sbennan Slreel. He explained that their extension agreement with thc City expires 1oday. He said they would like IO rcqUCSI an extension of the extension agreement to allow some additional time 10 get some more neighborhood input Mr. Malinowski Slaled that they had one meeting a couple of weeks ago and 1bey would like 10 do a follow-up . He noted that they have not even decided among the Housing Authority exactly what usage they wam IO do. They arc collecting resident input and will mccl wilh the same group in about two months . He explained that this would allow some additional time to put a quality development plan 1ogether. Council Member Hathaway asked if be was going IO plan on having another meeting? She noted comments from thc people partic:ularly of Orchard Place were that they had very shon notice on thc one on May 16111 . She said some wanted IO anend but had prior commitments e.g. neighborhood waleh. Mr. Malinowski said that Ibey gave a two week notice. Ms. Hathaway noted that it was poltCd only a week before in thc building i1sclf. She said there was a request for another meeting and thcre were mmc Cllber people from Grant Sin:et that made that request . Mr. Malinowski said yes that is what they IOld thc folks and that is why they would like to have thc extension IO do another follow up meeting. Ms . Hadiaway said she is not talking about a follow-up IIICIClin& buc a meetinc that would be similar IO thc imeuaa Ibey had on May 16111 that asked for input to bqin with. no1 a follow up meeting after you get drawinp. Mr. Malinowski said if tbcy can have a long enough extension. Ms. Hathaway said that if it is poaible. there were jUSI some people that cxprcsscd c:oncem that Ibey aiuldn 't make it IO thc 16•. Council Member Wiggins said that if it is imponant enough to them tbcy will make it IO get there. He said be doan 't get IOo c.11citcd about people that say they have a week's notice and tbcy decide they don't want IO come because tbcy have prior commitments. City Manager Clark asked about 1be length of the c.~. Council Member Hathaway said she lllou&IU it was November 6111• Mr . Malinowski said November 6•, ID a similar duration extension. Mr. Clark asked if it was six monlhs thc first time. Mr. Malinowski said yes . Council Member HalbaMy said that would be in10 December and she asked if lhat would be a pn,blem. Mr . Malinowski said be would be back November 6th. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AN EXTENSION OF THE omoN AGREEMENT POR PURCHASE Of la, UIO, Ult, k2' AND J.a21 SOUTH SHERMAN STREET fOR A PERIOD Of SIX MONTHS ROM THI ORIGINAL DA Tl Of THI IND Of THI omoN. Ayes : Council Members Hathaway, Wigins. HabcnichL Wagoner. Clapp ' • . I • • 0 • l•&lewood City Council Juel, 1996 Pace 11 Nays: Abstain: Absent: Motion carried. • • - None Mayor Bums Council Member Vonnittag • ••• * (Clerk 's note: Council Member Vorminag rawned to the meeting at 9:03 p.m.[ ••••• (ii) Recreation Services Manager Mic:kdson presented a recommendation from the Department of Parts and Recreation to apprcwe. by motion. a professioaal services conU'aCt for a Recreation Facilities Feasibility Study. She llalCd that ihc department recommends awarding the professional servia:s contract to BBC Rcsi:arch and Consulting. Ms . Mickelson said that this will bopcfully provide the City with a basis for a master planning process for our facilities and for programs for people in the community . Council Member Habenicht said that one thing that concerns her is that there does not seem to be anything included about a nature arca in the feasibility Sllldy . She asked if a nature arca such as the one at Belleview Park can be included . She said a number of neighbors in the area arc interested in seeing it preserved and she feels that including it in the Sllldy can help firm up the concerns of that neighborhood. Ms. Mickelson advised that she does not bel~ there is any consideration at this point of disturbing that DalWal area. As pan of the feasibility Sllldy in connection with the farm. for illSWICC as an OUldoor interpretive cznter in addition to being a farm, which could enhance that area. it could be coasidered. She said they haw no designs on replacing any kind of DalWal area. that is why it is not included in the Sbldy . The facilities specifically discussed in the study, she said. are more of the nature of facilities that are in a state of disrq,air or there is no longer room. or they are impacting a neighborhood. Ms . Mickelsoa said it does not mean that things not lillcd in the study do not haw the same imponance . Council Member Habenicht asked for clarification whether they are talking about putting a water theme part in that nature area . Ms. Mickelson said the feasibility study is wide open. but she can not imqine putting in a waler theme part in that area. because it makes no sense from the standpoint of populalioa impact and parting. Council Member Wiggins said what he thinks they arc getting at is. with South Subwban and the City looking to buy Home Lumber. that would be the most obvious location to put some water theme if they relocate Sinclair Pool . He asked if that would be a possibility . Ms . Mickelson responded that there arc a IOI of possibilities. Centennial, for illSlallCC . The reason for doing the feasibility is to determine what is appropriate financially and progranunatically . Council Member Waggoner said at one time there was a master plan Ooating around for that whole back area of Belleview Park . He asked if that was included in some way . He recalled that it included the extension of the uain . Ms. Mic:kdson said it is saill on the board and will be pan of the information that the people doing the study will be provided with . She said it is wry oecasa,y thal the whole parts planning process and recreation planning process be toeally topther in this kind of a situation. Parts and Recreation Director Black stated that the plan -nm:r formally adopted. ... I • 0 • Ea&lewood Cily Council Juae J, 1996 Pace 11 Nays: Abstain : Absent : Motion carried. • • None Mayor Bums Council Member Vonnittag • •••• (Clerk's note : Council Member Vormittag returned to the meeting at 9:03 p.m.J •• * •• (ii) Recreation Services Manager Mickelson presenled a recommendation from the Department of Parks and Recreation to approve. by motion. a professional services contract for a Recreation Facilities Feasibility Study. She swed that the department recommends awarding the professional services contract 10 BBC Research and Consulting. Ms. Mickelson said that this will hopefully provide the City with a basis for a master planning process for our facilities and for programs for people in the community. Council Member Habenicht said that one thing that concerns her is that lhen: does not seem lo be anything included about a natun: area in the feasibility study. She asked if a natun: area such as the one at Belleview Park can be included. She said a number of neighbors in the area an: interested in seeing it preserved and she feels that including it in the study can help finn up the concerns of that neighborhood. Ms. Mickelson advised that she does not believe then: is any consideration at this point of disturbing that aMunl area. As part of the feasibility study in connection with the farm. for instance as an outdoor intapretive center in addition to being a farm. which could enhance that area. it could be considered. She said they haw no designs on replacing any kind of nalUrll area. that is why it is not included in the study. The facilities specifically discussed in the study, she said. are more of the nanare of facilities that are in a stare of disrepair or then: is no longer room. or they are impacting a neighborhood . Ms . Mickelson said it does not mean that things not listed in the study do not have the same imponance. Council Member Habenicht asked for clarification whether they are talking about putting a water theme puk in that natwe area . Ms. Mickelson said the feasibility study is wide open. but she can not imqine putting in a water theme park in that area. because it makes no sense from the standpoint of population impact and puking. Council Membtt Wiggins said what he thinks Ibey are getting at is. with South Suburban and the City looking to buy Home Lumber. thal would be the most obvious location to put some w.1ter theme if they relocate Sinclair Pool . He asked if that would be a possibility. Ms. Mickelson responded lhat then: an: a lot of possibilities. Cen1ennial. for instance. The reason for doing the feasibility is to detennine what is appropriate financially and programmatically . Council Member Waggoner said al one time then: was a masler plan Ooating around for that whole back ara of Belleview Park . He asked if that was included in some way . He recalled that it included the extension of the train . Ms. Mickelson said it is llill on the board and will be put oC the information that the people doing the study will be provided with . She said ii is very necessa,y thal lhe whole puts planning process and recreation planning proceu be totally lOFfber in this kind of a silllatioa. Parts and Recrealion Director Black Slated !hat lhe plan was never f'ormally adopted . I --------------------------.c-------------------------------- • --· Enckwood City C~ncil J•ne J, 1996 Pace 18 0 t• • Mr. Waggoner said that he noticed the in-line skating and skateboard park complex and ra:allcd that it bad been part of that plan . Ms. Mickelson said the skateboard c:omplcx was included because it was on the five year capital plan from the Parks Dc:panmc:nt and Ibo rr-the Recralioa Department when Ibey were separate: and it made no sc:nsc: to have nwo o( tbcm. Council Member Waggoner said we cloa ·1 want to get crosswise with some extension of the train if we are trying to plan a location. Council Member Hathaway noted that $30,000 o( the fuading comes from the Malley Cc:111c:r TIUSI Fund. which bas already been run through the TNll Fund Board a few IIIOlllhs ago. She said the Board wbolc:beanedly approves. in fact it was the Malley expansion tbal draw: this to its conclusion tonight in that Ibey started looking a few years ago at wbal Ibey should do with tbc: land tbal Ibey Sol in expansion with Malley and n:alizcd that tbc: ncccls were actually sySlcm-widc:. Ms . Hathaway said she is glad we are finally doing this on a compn:bc:nsive basis. Council Member Waggoner said. in conjunction with that. when Lincoln AVCIRIC was COIIIINCled. part o( it was wide and part of ii was narrow . The purpose was lo provide some type of campus effect in that area. with a tum around on Lincoln . He asked Ms. Mickelson if she will give tbc:m a copy o( that previous proposal. Ms . Mickelson agreed that the previous infonnation is important to the whole tbougbt process . Council Member Habenicht said that al some earlier point in time in tbc: City we have looked al the feasibility of doing some son of a nature center. the Duncan Nature Center. for example . She asked if Ibis 5lUdy includes that. and even perhaps looking at the Duncan property. She said she understands the school district is willing 10 work with the City in terms of utilizing that propeny possibility as a building for prdc:ns. She asked ifi1 is part oClhc: study . Ms.~ raponded tbal is bas always been her feeling and the feeling of several citizens that she bas spoken with that she bales to see nwo IIIOlllhs a year facilities. which. she feds, almost seems like a waste oC money. She advised that if Ibey are looking 11 IOIIIClhing for the farm. it is an absolute lllhlrll to do a year around lllhlR: inlerpretivc CClller. She opined that if. in fact. we went to somc:tbing like Ibis. and if tbc: property allowed that on tbc: well end o( Belleview. tbc:n c:vcrything would Iii together very nicely. but. we will have to see what the study brinp. She said ii is the direction Ibey an: looking as far as tbc: farm. illltcld of doing somc:tbing that is just for nwo months. Council Member Habenicht asked if the study is going to look ll some otbc:r funding soun:es. such as the SCFD for the scientific portion . Ms . Mickelson responded that. for youth and senior programming. and. to a cc:nain extent. outdoor types of things. tbc:re are grants and private donations . Council Member Hathaway asked if the study is going to address park usage as well . Ms . Mickelson said it will not address park usages. per sc. but all the park lands will be looked al by lhe consulting company in terms of their existing usages and bow that fits with future needs. It is not tbc: intention. she said. too look al all park usages. but rather to look at the various facilities and bow everything lits together. Council Member Vonni nag asked if they an: going to get any public input Ms . Mickelson responded affinnatively . Mr . Vonniltag asked bow often Ibey will meet with them . She said probably a maximum of every two weeks. and possibly more as ii sets closer to the final . She advised that Ibey are looking al a number o( citizen commiuc:cs and special user groups. She said she recruited some kids II a skate board part to serve on a comminee. and the Malley Adviso,y Committee and TIUSI Fund Committee are in place . Mr. Vorminag :isked if Council can request updates as it aoes along. Ms. Mickelson responded affirmatively . COUNCIL MEMBER WAGGONER MOVID, AND IT WAS SECONDED, TO AUTBORIZI A CONTllACT BITWIIN THI CITY or INGUWOOD AND HC RESEARCH AND I . 0 ----~-------------------,.,-----------------------------.,--~ • En&lewood City Council J•ael, 1996 Papl9 . . • • CONSULTING FOR A RECREATION FACILITIES n:ASIBD.ITY STUDY IN THE AMOUNT Of 596,750. Ayes : Council Members Hathaway, Vonnittag. Wiggins. Habenicht Wagoner. Clapp, Bums Nays : None Motion carried. (b) There wen: no additional items for approval on second reading. (See Agenda Item Io • Consent Agenda.) 12 . Ge11en1 DIICllllioa (a) Mayor's Choice I. Mayor Bums reminded those present of the nw more public forums coming up on Cinderella City. He said the next one is at 8 :00 a.m. on Thursday al the Malley Senior Rcaalion Center. He said be hopes that there will be business people and seniors in attendance . The last forum. be said. will be on June 12. 1996 at Sinclair Middle School at 7 :00 p.m. He encouraged everyone to aaend and assist with the planning process . (b) Council Members' Choice (i) Council Member Hathaway spoke about the Habitat for Humanity project. a house being built by women on Hillside Avenue in ~-SIie said it is praerina • a lol cl ,iJOd publicity. and encouraged women to volunteer for the pn,ject. even if it is oaly a couple cl boars cl swinging nails. She commented that it is an interalia& ud flan expaieacc. Ms. Hathaway explaiaed lhat when you clD a Habitat for Humanity boulc. the OMICI' _. p111 ill• leall 500 llaun c1~--equity" to qualify for her loan. ud will. therefore, leam her .... 6-the arouad up . ••••• Mayor Bums illleljeded lhat there will be IIIOCber Soudl Bnlldway meeliD& OD Wedaadly, 1-5, 1996 from 6 :00 p.m . to 8 :00 p.m. at Chem:lyn Elementary Sc:bool . Ms . Halbaway said she understands lhat the Ncipbortlood Watch block capcains' meeting OD 1-6, 1996 at the Malley Center at 7 :00 p.m . is alto iep,diq the South Broadway corridor. (ii) Council Member Vormiaaa said muy people told him they -11111 bappy widl the meetinp held al the hip school ud SL Louis Cburcb rqardin1 Cinderella City redevel a,-l'C He said Ibey IOI the impression that the redcvelopmcnl will be clone; llowlMr. the builder wuu to c1D it He said be told them that the City Council will ~ the final say . Mayor Bums said he doesn't know how else to Fl it across. they had them sittin1 there woitin1 on the plan iisclf. He said he wa &lad Mr. Vonnilla& bniu&bt the information back because they need to reemphasize al the meetings that their input is valuable . Mr. Vonniaaa said he basially was told the City wa aoin1 to build whatcwr they pleue «Mr tbeR, anyway, includin& a bowlin1 alley. which he said be bu hcanl nothin1 about . . ' • . .. I. 0 --------------------~--------·-~-------------------------------- • • ·, • <. Eapewood City Council J .. 3,1996 Pqe20 Counc:il Member Clapp suggested limiting Skip Miller's prcsenWion to ten minutes. as his architect seems to monopolize the rust pan of the meetings. She thought eliminating lbe slide pRSelllalion might bdp. Mayor Bums said he thinks Council needs to c:ommunic:alc nae with Clarion and Assoc:iales. Council Member Hathaway said it might be easier if lbe slides were oa poacrs around lbe room. Sbe aar-lhll lbe more you show slides. lbe nae it seems to lbe public to be cast in stoac. (iii) Council Member Wigins 1. He llkal City Manager Clark to ICC ifEqlewood's signal lights are coordialted with Littleloa and Deawr oa South Broadway. He said be Im IIOlic:ed in iecent weeks lhll they don't aem to be. 2. Mr. Wigins commented on a memorandum received from City Manager Clark on May 30, 1996 reprding lbe-'*ims oCCity Council millUICS. He said at lbe bottom oflbe memo Mr. a.ts asks which budget to charge lbe COllS to. City Manager Clark said they can go to the Finance budget. City Clerk. City Manager, or City Council. Mr. Wigins suggested lbe Council's budget. since they are Council's requests. Responding to Council Member Hathaway, he clarified that this would be from now oa. Mayor Bums said we have a Study Session agenda item they didn't Fl 10 oa vcrtiatim requcslS. City MamF" Clark said be -Fina to -it Wider City Mau,er's Choice • well • die open ar- 11*&· 3. a-ii Member WiaiM poialell GIil • lrlide ia die Rocky Maualaia Ncws oa May 'JO*' clclcribing an Engle,iwood fellMI lloaorilla ~ Jia Bmr. He aid this is &tullly in WClbllialler. (iv) c-il Member Varaial& llid lie 111d u lddilioml item to dilcaa. He IIMICIII dial lbe sip • lbe Broadway 1111.....,.. exit fill oC wc.1111 a .a Hampden CDllllim a miapelling atlbe won1 -~--c-il Member~ llid 111c _... is ac11111e. Mr. v--, said wllicbc\'er, dial it is spelled -.. M Council Member Clapp poialell Cllll lllll lbe addras oa a pnvioul Council request is incoma. She said slle waneed a lipt caasiclend • 4500 South Sherman, not 3500 . (vi) Council Member Wagoacr med lllll lbe puup llomc issue be raohed YC1Y quickly . He feels we need aMwen lO wbal WC have lO do IO look • them clolely, and for appn,val. and wbal WC baYe lO do lO cu:oun,e them . (vii) Council Member Habenicht I. She lhubd Council 111d lbe City forkindexpnlliolllalaympllby II lbe lcmalller malber. 2 . She said that. since she lives 10 cloe to Claylan Scllaol, priacipal Fruk Hammoad -lier a DOte swing dial they i.-e talked ro Chris ICOllla 111d Bob s..,t •• IINllll cleaaiaa up -palki -, lbe ICbool . He said they bave .... YCI)' coopenuw widl Ilia and die ........ claa will be ... IOIIIC clean up . She sbared lencn from .... paden ia Mill Owenwf"s claa. Sbe med dlll lllly be . ' ... .. I . 0 • Eapewood City Council Juae l, 1996 Pace 21 <' • • kept in the City Manager's office for about a week so Council will have time to read them. She said they are very thoughtful letters. 3. Ms . Habenicht staled that a citizen commented to her that on the southeast comer of Navajo and Oxford where the City has the green post fenc:c over the attractive wall for that inrcrsection. one of the private companies there has an advertising banner hanging over that green railing. She thought that might not be appropriate and wanted to call it to the attention of Code Enfora:mcnl 13 . City Maaaccr's Report (a) City Manager Clark asked Manager of Community Services Blumenthal and Chief Building Official Mike Stitt to make a presentation regarding Englewood Municipal Code Section 15~ as it pertains to 2870 South Acoma Street. He said that last week. after follow up inspections at this address. it was decided to invoke the af'orcsaid section and clec:lare the property a nuisance and uninhabitable. Mr. Clark said he was advised by City Attorney Brotzman thaL at least in modem history, this section of the Code has been used relatively sparingly and is a very severe action that should be used with good diligence. He ci1ed 1he stalewide and national attention that this property has drawn . Manager of Community Services Blumcn1hal introduced the new Chief Building Official. Michael Still Mr. Blumenthal stated 1ha1 he would be showing a twenty 10 thirty minute video tape and pholographs of the house . To preface. he advised thal on March 20. 1996. officials of the Building Departmcn1 went to the Honon house and asked lo go in 10 do an inspection. but were refused cnlry. He said that Mr. Horton said they would need to obtain a search wananL which process the City immediately began . In the mean time, an eighteen month old baby was murdered there. which, Mr. Blumenthal said. provided some pictures of the inlerior of the house. helping the case as m as being able to Fl a search warrant. On May 21• Slaft'was able to make entry inlo the house. but the illlenl, be said. was not to close the house at that time prior to going in. Thirty minules into the inspection. bowewcr. there was no way they could poaibly let anyone live in the house . Al that point. members of the audience were invited to come forward to view the video since the screen was so small. Mr. Blumenthal explained the video slide show of said property, expounding on each picture and the violations found on the property. Among many other things, he pointed out that vinually every wall had holes. and the structure contained numerous cracks. The fiamaa: vent shown was about half full of debris and the odor was so bad in the house that fans were necessary to cin:ulate the air. Mr. Blumenthal said he bad to take several breaks while filming. He related that every door in the house had been broken through and all door jams were split. In 1he ki1chen. thRC dead IIIOUIC can:asses -re found. The ceiling in the living room had dropped down a full 1hree inches where a wall had been removed. and there were several areas indicating leaks in the roof. Council Member Habenicht asked the ages of the childn:n in this family . Mr. Blumenthal said they ranged in age from sixteen or eighteen 10 about nine. Mr. Blumenthal pointed out that the Honon's did clean up the house after social serviccs-ru through. 11> Council was viewina it in its -c1ean" stage . He said of puticular imponana: is the bot waacr heater. which sets at an angle to 1he nu. due 10 a slant in the floor . There -not way of tumina the waacr heater off without tools. • . .. I . 0 • • Eactcwood City Council Juael, 1996 Pace 22 . ' • • (. Mr. Stitt said the main thing they worried about was the resulting carbon monoxide, since I.be veal was all al an angle. leaving a gap between I.be openings. He opined that there would have been a lot man: people injured in the house from the carbon monoxide if there bad not been so many bnJkca windows. Mr. BIIIIIICllthal advised that one of the main reasons srafffclt it advisable to sbut I.be house clown was because the old and new sections of the structure were swtin& to pan. What immediMCly c:amed the sbut down. be said. was the electrical wiring lllal pulled out about four illcbes &om the trim board. wbidl coald have come off al any lime due to dead tRe limbs and dungs from I.be back yard that were laying up oa tap of those wiRS. Mr. Blumenthal commcndcd I.be Dcpanmcnt o( Safety SaviCles. especially Sam WalDl. for wbal be described as an inctediblc jab o( talking with the family . Council Member Waggoner said one o( the commcnts in the ncwspapa asked why it took us so loll&-Mr. Blumenthal said in 1982 the Ci1y gave them a notice of violation and they cleaned it up good enougb to gct by . In 198.S. tbe same thing occwml. he said. and in 1988 the Housing Authorily loaned them about $27,000 to rcoova1c and add on I.be two bedrooms and the bathrooms. The: owner would not let anyoac: back into the house after 1989 and Mr. Blumenthal said it has been a struggle since then. Mr. Wagoner Slid then for the last eleven years we've been giving them notice. they would work on it a little bit. and then we would give them notice again. Mr . Blumenthal said he thinks the Ci1y did everything they possibly oould to help them get it done . He advised that there are r-orpnizalioas. the Habilll for Humanily and a church in Arvada that are ming to aime in and rcnova1e it and lake c:arc o( cvcrythiag so the Honons can get back in . He said Slaff is ming them to go talk to the neigbbon or at least resardl it before Ibey stan doing something like that. Mr. BIUIIICllthal advised that the Ci1y put a fence around the prupcny last Friday, and they II-. sixty clays DOW to report back with how they want to take c:arc o( iL fie said the next sixty clays will clelermioe tbe directioa for everything. Mr. Stitt said they did not go into the house just to shut it clown. bul lllher IO do U actual impeclioD because of what the police depanmcnt bad told tban. He said oacc they -the condilioas. tbere .. no way they oould actually walk out of that place and feel good aboul saying the house looks livable. He felt it was lime to do something a link: more serious. (b) Ci1y Manager Clark went back to the IUbjcct oCwrt.aim tranlel'ipu and the aa11e lie pul in I.be Study Session packets in response to Council Member Wigilll quaaioa last week. He llatod tbll be spoke to Ci1y Clerk Ellis about the detail tbal goes into Council miDufa. our williagnea to pn,vidc a tape reconling and our willingness to go ahead and do a VCltlalim. Becau. o( the time iDwMd in doing tbe vcrbatims. he said. it may be nca:ssary to scad some o( those OUl to a tranlel'iplion mvia:. He added that there is a requirement tbal the Cily Clerk complete tbe miDula by the T1iunday before tbe Council meeting. The: COil is currently being ablor1led in house. bul if it is aeceaary to scad the work out. lie said be would like suggestions on where to charge it. Mayor Bums said that in some cities the council ~ on wlletbcr they should produce vcrt.lims. if they act very lengthy . He felt that Council should have -pideliaes plaealld to tllCla tbal odlcr cities might use . Council Member Habenicht asked for a liaia1 oC tbe .-lier ud hqueacy o( wrllllim tbll llavc 111111 asked for over the last l1WO years. Ci1y Clerk Ellis lllpOllded lllll dlCn: ially .._.t 111111 -,. ID tpllk of, until Ibis year. She said she -.Id be &lad to km ii up . • . • .. I. , ----------------------------,,.,-------~------------------------~ • En&lewood City C1N1ncil June 3, 1996 Pqe2J • • Mayor Bums commented that a tremendous number of hours have gone into this and wc need to look al some guidelines and make some decisions. (c) City Manager Clart advised that be receivcd a communication from Gordon Milliken with a rask fora: that has been in Arapahoe County looking al open space and green space. Essentially, be said. the rask fora: is looking at encouraging the County Board to pul on the ballol this fall a sales tax proposition of somewhere around a quancr percent. It would go inlo a fund for the purpose of acquiring open space and green space throughout the County. He said in talking it OYer with staff. we see some limited value lO Englewood in this. He said the only positive spin be might pu1 on this is for Englewood to Sllpp0ff a proposition that would only be levied in the lllliDcorponted put of the County where people in those areas. who derive more of a direct benefit. would be subjec:t lO taxatioa. He exprascd coacem that another quancr percent would pu1 us al a competitive disadvantage with some of the surrounding jurisdictions. Mr. Clarlt said the group seems lO be anxious to bring this lO a conclusion so they can get something on the November ballot. Mayor Bums said he also received a call from Mr. Milliken and he had reminded him that Englewood is a land locked city and the reception probably would not be very positive on this right now . Council Member Habenicht said that she feels we should continue to oppose the sales tax and opined that if this is going to go on the ballot. we should make sure that some equity comes back to the municipalities. If there isn't an opponunity for open space acquisition. a certain percentage based on the amount of sales tax that goes into this. or the population. should bring that funding back for some other use . She stressed that we should resist it. totally. but if there is a potential of it happening. we should make sure that we are awercd. Mayor Bums agreed. City Manager Clark said that seeking assurances that some of the money will come back to us would be a good idea for trying to find a positive in our resislance lO it. Also, be said we could work with our local ddeplion to give South Subwban or Arapahoe County the statulOly authority lO get a sales tax just in those jurisdictions. He said in that way wc don 't have lO say no. but come up with some alternatives designed to be sure the impacted areas of the county are the uas that pay the tax. Council Member Habenicht said the equity is extremely important and she can 't see us subsidizing what we can't benefit from. Mayor Bums felt it would otherwise be inconsistent with last years stance on a similar tax. Council Member Wiggins poinlcd out that the County Commissionen have the only say over the use of the funds . (d) City Manager Clark sugalcd that the Execulivc Session be beld ri&ht there in Council Chambers. since his topic would be brief. COUNCIL MEMBER CLAPP MOVED, AND IT WAS SECONDED, TO GO INTO IXECUTIVE SESSION IMMEDIATELY FOLLOWING THE UGUI.All MEETING TO DISCUSS A RIAL ESTATE MATl'ER AND A PERSONNEL MATl'EL Ayes : Council Members Hathaway, V~ttag. Wigins. Habenicht. Wagoner. Clapp. Burm Nays : None Motion carried. (Clerk 's note : This appeared as AFftda ltem 13 (b) oa the Apada.( ..... • . • ... I· 0 1--------------------------,~------------------:------------- Eaclcwood City COIIIICII .... J,1"' ... 24 14. City Aa.ne,'1 Report • • <. City ADDrDey 8nlCZIUD did aat haw uy --. ao llrills blln COllm:il. 15. Mjla,-- COUNCIL MUDD B.\TBAWAY MOVD TO ADIOUllN. TIii ..._._ ..,_..10:10 p.m. .. - .. I· 0 1 a2xl • • • <. COUNCIL COMMUNICATION June 17, 1998 Agendallem 10 at Frank COUNCL GOAL /l,IIO PREVIOUS COUNCIL ACTION The Council eppr'OV9CI the 1998 8IIClgat and Appopriation on._ raNing Novanber I, 11185. Council~• conlrad with COOT dated Februely 17, 1894 wllhout eppraprillting funds . RECOMMENDED ACTION Steff ,-mrnencts the City Council approve the etleched rwolution transferring funds from the General Fund to the Cepitel Projects Fund end appropriating funds for S.1'1111 Fe landscaping . When the 1998 Budgllt -pnNd, the need for ti-. eddltionlll funds -not enticipllted before 1897. The Public Works Department ha entered Into en egra.nent with the Colorado Department of Transportation (COOT) that would allow Enet-oc! to apply SS00,000 to lendscllping along Sllnle Fe in 1998, inltead of to previously agreed COOT projects (Navajo truck route). Under thil -rio. the lendlcaping can be ~ in late 1998. Without thil trade of committment, the Nrlielt COOT would construct $530,000 in landlcllping ~ would be let• 1897 or 1891. TMM landac:ape lmprowmenta ere considered en impcll1ant lllp in the City's .ib1I to enhance Senta Fe Drive. The sources and UHi of these funds ere: GENERAL FUND: Soyrcp pf Funds· Fund Balance YltpfFyngs : Transfers Out CAPITAL PROJCCTS FUND: Source pf Funds : Transfer In VII pf Funds : Senta Fe Drive Enhancements SS00,000 SS00,000 SS00,000 SS00,000 The City of Eng'-d ii requ ired by City Charter to ensure that ...,...... do not -.I legally edoptied eppropriations. The attec:hed resolution eppropriatel funds to ensure that the City of Englwd campliel wilh lepl 181trictio111 governing local budgeting. No other ettemeliYel -• identified . FINANCIAL IMPACT The appropriations will reduce the General Fund unr..wd fund balance by SS00 ,000 . ~ for PeYing Oiltric:t Number 35 (Navajo StrNI) will -approximately $520,000 -a ten ya, period . UST OF ATIACHMENTS PropoNd r..olution Litter to COOT dated April 4, 1998 Paving Di1tric:t Number 35 nlftlrMlll ldledule Litter to COOT dated April 11 , 1891 Litter to COOT date March 28, 1891 .. I . 0 'I April 4, 1996 Mr. Ray Aberle Colorado Depanment ofTraasportation RqionVI 2000 S. Holly St. Denver, Co. I0222 DearRay: • • '· We have been dilcussiag restructuriag financial commilmaa between COOT and EapM,ocl for some time. YOU previously inclicalecl tblt a leaer, requesting a c:map in c:ommilmmt, is DNded from tbe City in order to proceed with formalizing • remucturing. The applicable aa,eaneats appear to be NH OIS3-0ll WindemNre, Belleriew-Nortb, and STA OIS-2(46) Eabancemenll in Sama Fe Corridor. The NH coanct commits tbe City ofEnpwood to CCllllribulle SS00,000 toward CODllnlC1ion of improvements to Wiaderuilre, BelleYiew-Nri. The ST A coanct commits COOT to fund lanchcape enhanreneab aloag Sama Fe in m w "to be clelmniaed". COOT Im since indic:alecl lbat they ... williag to commit a maximum of SS00,0001DWanl tbele -+w ...... This leaer propma tbal COOT relwe f.aalewood &om ill SS00,000 commilmeat an .. NH COlllnCt and EapM,ocl mew COOT from its SS00,000 comm--cm .. STA OC1111n1ct. f.as1nooc1, a1aas with tbe odm Tri-Cities pllticipallll ofSlleridaa ad Lilllllaa, will apply.......,.., SS00,000 to --cmnen11 along Sama Fe in pneral c:aafonnaace witb plas beiaa praplllld by CDOT'1 C0111W1a11t, DeLeuw Cather. We also requal tbal you audlOl'ize your consallmt, DeLluw Cadler, ID ftaalia plans for all lwlr9111 improvements currendy under daip repnlllll oftbe edim.,., IIDlal conmuction COit. Please provide a written acknowledpumt if you ... wida ow propoaed NllrUClllrina- Very truly yours, Charles R. Esterly, Director Public Works Deparunent /lw c: Doug Clark Dan Broczman Andy McMinimee Charlie BIOllen Mayor Dale Paaen .. I· , ,. • • .. ... PROPOSED SCHEDULE FOR COMPLETION OF PAVING DISTRICT NO. 35 • NAVAJO ST. Monday. July 1, 1996 Thursday. July 4, 1996 Friday, July 5, 1996 Thursday, July 11, 1996 Thursday, July 18, 1996 Friday, August 16, 1996 Monday, August 19, 1996 Tuesday,Sept.3, 1996 Thursday,Sept.5,1996 Bill for ordinance wilh lilt of ......-nents published first time; Notice of pubic hearing. Notice of Deferred AlleSlfflent Plan. MaU noticeS of ....-nents and public hearing. Include. Oefemld Aatel1lffl8nt Plan In letter. Second pwlicalion of public hearing. lhird P'mlcatian of public hearing . Last day for wrill8n p.alNts. Public hearing on a11111rnents . Consider amendments to bill for ordinanee . MondaY. Sept. 16, 1996 Conlidlr ordinalCa on final reading. Thursday. Sept. 19, 1996 Publilh • an anlinanca. by tille. Sunday, October 20, 1996 Ordinanca in ful tarca and effect. MondaY. Oct. 21, 1996 Last day for 5-X. dilCOUllt to be allowed on ful or partial payment. ONdllna: 5:00 p.m. Friday , Nov. 8, 1996 Last day for payment to be aocepwd at City Hal. Tuesday. Nov . 12. 1996 Certify 111111mant rallo Arapahoe County for coledion. Wednesday, January 1, 1997 Paymant due (pilyabla wlh property taxes). .. .. I . , ,I • ·, • (. April 18, 1991 Mr. Guillenao V. Vidal, District Engineer Colorado Department of Highways District 6 2000 S. Holly St. Denver, Co. 80222 Dear Mr. Vidal: This is in response to your letter of March 26, 1991 to Roger Fraser regarding iaproveaents along South Santa Fe Drive. The City Council reviewed the contents of your letter and expressed the consensus opinion that the City of Engl..aod ag,-es to proceed with the projects as outlined in your letter. The City Council has SOiie concern regarding the future operation of the Winderaere-Belleview intersection after construction of tlle 111....,.re-Navajo frontage road. I • requesting that your consultant on the 11111delWlre-llavaJo frontage road project contact us at 1111111tropriate ti .. in tlle1r preliainary design process so we can express our concerns. It has been a real pleasure to be involved in the positive phase of these negotiations, and I• looking forward to working with you and your staff on this, as well as future projects. Sincerely, Charles R. Esterly, Director Public Works Department /lW cc: Roger Fraser Willi• Clayton .. I • , • t. STATE OF COLORAOO DIIPARTlll!NT OF HIGHWAYS Oiatnct I 2000 Soulll Holly SlrNI o.n-. Colorado 80222 (3031 757-1()11 Mr. Reger Fraaer, City MllrlllgE' City of En;Jlewood 3400 South Elati En;Jlewcod, CX> 80110 Mllrch 26, 1991 SUbject: SH 85, South santa Fe Drive Dlip.OU..U Dear Mr. Fraser: '1hank ycu tor wting with us and O:-iwicnar PUn:lacJc an Mllrch 8th to discuss the South santa Fe Drive project. I tbcul#lt cur wt1ng ws very pcsitive and I hcpe,,. can IDl'8 tarward to raolw ... ot the local issues in an mcpeclimit ammar. To sumarize cur d.iaa .. iaw, the District, alcnq with ,,._iwicner PUndsack's aJpport, is naw prcpoainJ to praa additimal at.ate tund.ing for the ocnstructicn of the Wi..ndmara cxnwctim trm Ball.avia, to north of 'l\1fts. '!his ccn-=ticn 1IICUld provide a c:x:intimaua trcnt.age road an the eut side of South santa Fe Driw f%'m Ballariar to Qlcfard. Aa per prwviaua diaoaaic:na, the City of Dl;1.waad 1IICUld .-e to cantriJ:,ute $500 I 000 toward the project. 'Iba City 1IICUld alao ... to ~ the ~ in their PIX IR)licaticn to c1ma tba nilzmd at~ crouin;s with Olcfotd, 'l'Utta, and Odncy 111d bald off trm pD:'minlJ the 'l\ltts;tma, grada aapuatiCln at this tia. 'Iba District feels this prcpoaal will be a pmitiw il,p:ou r 1 & fir the City in p:avidinJ better ao:iess to the c:xaunity at a nrr abla 111d affardllble coat. '!his prcpoaal wcw.d alao not prchibit tba canatm::t1an ot a ~on CCIDaection in the futm.. 'lhe following is cur latMt coat aatiata fir the If~ cc:nw:tion. Preliminary -•••••••••••• $300,000 ~ of WIiy Ar::ll,lisition ••••••••••• $350,000 Ocnatruct.ian Itala ••••••••••••••• $2,050,000 Ocnatruct.ian -· •••••••••• $200,000 Tclt.al o:.t -$2, too, 000 If the City 8IJlW to a,IPZt this ptcpwl., the District wcw.d pirsa additional fUndinJ in Fiscal Year 1993. An a;t at 1IICUld nMd to be aacutad betwW1 the City an! the Drputarnt. 'Iba c:ritic::al. path itm for the project wculd be the rlq1t of wy ar:quait.icn. If thll ~ of way ' . . .. I. , ,, Mr. Rc:IJar' PnNr llllrdl 26, 1991 Alge 2 .. r • to • ecqd•it:ial IE'= --,.,, in. t.mly ..... tba Diaa'ict IDl1d ......... tB,aat ~ data fer 1ata _. of 1992. Aldhac die,-im ita at: tba ...tm, -tba cx:inatzuct1cn of tm nm:t:h 1-, at: tba int& WL"tim of Cllcfmd ad a.jo. 'Dde 1-, _. nat a part of tba ~ Cl:llllit:lllnt by tba llilptt:lllnt in tba lbriza'lllntal Al I It (EA.) ad l'1ndinJ of ., ~ DlpCt (lam) fer tba Santa .. prajct. 'Dia cast of t:hia u;:cu -re ia ~y $335,000, lhidl incl\dla tba nrphw:I ~of~ erq.rieit:ial. 'Dia '4qwtty wlw:h yau. Im 1np1nd abcut at: tba ~ ... inmd ... -.1nd by tba ~-u tba City mn .-e vitb aur i4qxwl fer tba lfirdrlmm:• a::n.::t:.ian, tba Diaa'ict will i4UCMIS vitil tba dlai,Jn ad ccinatructicn of this 1-, of tba blblne:1'.im at: no omt tD tba City. Par yar ~. tba ~ .. i*.....--d .Uatiame CCl'ICllfflUIJ the clc:alEa of tba at:~ nilzmd c:zmainJa at: Cllcfmd, 'l\ltt:a, md Quincy. Fall 1991 -8IIJin c:x:awtm::t:im of tba llllvajo Tmck lblta and ltail.rmd stm::t:ura at: Cllcfmd. Wintar 1991 -OICfald to be terc :carily clmad to cawtzuct Railroad st:ructuN ad tD lam-Cllcfmd .at of Santa '9 Eriw. OW1CY ad 'l\Jfta to nam cipan. SprinJ 1992 -81rJin acrwtzuctim tD lam-8lnta 19 Driw, Qcfard to be t:llrlpZ'arlly c:laalll to laMr' intawtl.cn at: Santa 19 Driw , Clld!acd. a-.-1993 -qpm w .._. ,. Driw , Cllcfmd uita-=tim mS =~· c1aa 'l\ltt:a ad Odncy Pleue teal. ti.. to cxaltact • if yau. ..S alU.t:iaal infcaat:kln er if yau. hlMI atff qweti.c:ww acn:mninJ tilia i4c:,pwal. la I atatm at: aur wtinJ, a-eiwimlr IUnlw:k ad I IDlld be ~ to a& vitil yar City Ocmci1 to i* I 117¢ ad die,-tilia i4c:,pwal. I lodt ~ tD yar napal-. 'I I· 0 ,_ ]- ] RESOLUTION NO . .i_ SERIES OF 1996 ·, (, • • A RESOLUTION AMENDING THE APPROVED 1996 BUDGET AND APPROPRIATING MONIES FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council al the City al BD,lewood, Calando. ...._ to ma1re catain chanpa to the 1996 Annual Budpt wbicb wwe uafw I ID wbaa the ari,mal 1918 Badpt WU adopted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OOUNCII. OP THE CITY OF ENGLEWOOD, COLORADO, THAT: Sgtigp 1. '11ie City of Englewood 1996 Budpt ia benby ammded • tilowa: GBNBML FUND Sgupz K !Jmde· General Fund Balance JJee c( ,,,.,,. Transfer Out Sgupz qf Fnnde· Tramfer In UNc(FPnde· Santa Fe Drive Enba-~ ssoo.ooo ssoo.ooo ssoo.ooo ssoo.ooo Sertim 2. 'l1ie City lbnapr wl tbe Director al l"iDaDdal &.nicN ue banbJ autbariud to malre the abc"9 c:b....-todle 1111 Badpt al the City al ......... ADOPTED AND APPROVED dm l'llb day al .r-, 1111. ATTEST : Louc:riahia A. Ellia, City Clerk .. I· - t • • ,.. • • <' I, Loucriahia A . Ellia, City Clerk for the City of F.nclewoocl, Colorado, hereby certify the above is a true copy of RNolutiOD No._, Series of 1996. · .. • I •. .. •· 0 ·:-------------------- Date June 17, 1996 NTIATEDBY • • .. COUNCIL COIIIIUNICATION Agenda 1111m 10 aii STAFF SOURCE Saject Award Contract for 1996 Bridge Repair and Upgrade Program Department of Public Works Chaltel Ellerly, DinlclDI' of Public Works COUfilCI. GOAL AND PREVIOUS COUfilCI. ACTION Council llppnMld the 1996 Pubic lmpn,vement Fll'ld, which included monies for the repair and upgrade of the Clarbon Street Bridge and Approach Rail Sy8llml al Ullle Dry Creek. Also included is rapalnliig of handrails on the Sherman St. and Broadway bridges on Ullle Dry Creek. RECOIIIENDED ACTION Staff recommetlds Council award by motion a construction contract in the amount of $59,400.00 for New DNign Construction Company for the repair and upgrade ID the Clartc9on Street Bridge and Approach Rail Systems and painting of handrails. BACKGROUND, ANAL VSII, AND AL'IBINATND lui:N I FED 11w new l9S*'I and upgradN .. bring .. Clarbon SIINI Bridge and Approach Rail Systems up ID Cokndo Dapat1ment of Tra11apo11aliol1 •lderdl. During the period of cons1ruclion, ai,r dllruplonl ID hllllc low alorig Soult! Clarbon SIINI .. be coi•cAllicl bf New Daligrl Conslruction ~and ....... prtar appnMI br .. Pubic WDrb Trllllc Eugi-iig and Police and Fire Admililltlaliul 1. ,,.. project conlills of .... bid tar the ..... and ..... of lwld ............ upgrade of lwe end •tehoragN and 145 L .F . of lwld rel ID Colorado Dapatl1•1t of T ... IIPOl1llliol• ... iderdl. Staff r9Cl8iv9d four (4) bide tar llil prajacl. 11w IDw biddlr, Accur* eoncr. Slrucua, dlDN nal ID accept lllt contract due ID mialllkea in ltl8ir bid ( .. llllchac9111111'). Staff IWQOl'Tlfflatdl ...ct of llil ~ ID New Daaigrl Conllruction Cc,mpa,y, the aecond IDw bidder, in lllt amount of $59,400.00. 11w EnginNr'1 atimae tar llil praject -•• 000. . . .. I. , - - • • • FINANCIAL _.ACT The final bid tabutationl ... follows : 1. Accurae Concrele Struc:turel 2 . New Deligrl Construction Company 3. KECI Colorado , Inc . 4. ~ Construction, Inc. Enginera Ealimae $38,100 .00 $511 ,400.00 ..580.00 $12,182 .88 $58,000.00 Adequate funds tor this projllct _,. budgead in U. 19118 Public lmpvwen•.t Fund . LIST OF AnACHmNTS Ldlr from~ Concrele Slrudlna Ldlr from Lonco, Inc . . ' • . .. • 0 i • • (. ACCURATE CONCRETE STRtJCTlJRl'.S, INC . 4153 soum DUNKIRK WAY AURORA. COLORADO 80013 TELEPHONE (303) 690-0309 June 3, 1996 City ofEnglew<>Od 3400 South Elati Street EnglewOOd. Colo . 80110 Attention: Rick Kahm Re: BRIDGE REPAIR AND UPGRADE 1996 (ENGLEWOOD) l)eal'Rick: As your arc aware a mistake was llllde while bidding the above n:feenced project . We failed to add mobiliDtion. ovemead and profit to the replacia8 brillae rail it-. IO we requested that the city make III adjustment to this item. We were infocmed tblt • edjultlDClll couldn't be done. therefore our bid ii short approxunatelY $3,600 .00. BecaulC the City of EnglewoOd was Uftlble to make III adjulbMlll, we are reqi..-. that our bid be dilqualitied and that our bid bond be releued -Acc:Urale Concrete SlruCtURlt Inc . repdS bavin8 to make this clec:ilion, but we feel it ii in our bell nerell at this time to n1e11C us from our bid . If you should bave any quesriom plelle call our oflioes. V«Y truly yours. Acc:UralC coacrete $UudUl'CS, Inc . p-rl f'+:,/1/t_, TholllU J. J\ndreU • ' ' .. I . , • • • .. ___ IO(Q ft{: __ _ M:9111·1 WILLIM1 E. HWOUZ, P.E. IWDU. E. DIUNCEY, P.E. May24,1996 Mr ..... W.Hartm Colallldo DepalUWa of'T1wpadldian 4201 BallA*-AWDIID Dllffllr, CokMwlo 80222 ATIN: Mr. O..Ori..,...., P.E. RE: OB'-8yam ..... l'IMalwy, <=....a Ala Bil ~12. Bil NBJS.013, BR. NBJS.023, Bil NBJS.G4 LONCO No. 9615.01 0-0..: MIOCI-. PIii ... J. P. UES, P.E. JE88E a FITZDERALD. P.E. IWI( A. HAMOUZ. P.E. I• writil:a to illbm yauofa .,. ............................. bodalllt ,_.•1111111 dlia ,-r's bridle ia..._y walk. If I s e Wlnil .... pwlluad by aay cidlllllllllCClllllllilll, ad. ill-ca11tilW1Bi16illy r-. .... ,... our tllflDllrl ........ Wit'/ lilll --. ........ -..... d °"'* ,... .... ....._ ..... ..___, et ,,.. .. _... • ... IDtfM 2 ........... ,of' .. •11 a I would lilrllto 111i111 to,_. ...... of' A-. D I' 11 II. P1i1DD. a..t Jwd,e ... , ildd!e ........... of'Mlmal.11 .................. .... ....... ........ . ............ 7 'Q.-- [[ TFfl ............. .... .................. . apolidwl'lllllof' .. lldll11i11U J pr15 adll; C n, ........ _._ .. ~. LM#IIIIC. ITMff Cllfflll • -LM#IIIIC. tnaT, IUITI ta•_.., CGIOMDO ... • --• MIi --- . ' - - • RESOLUTION NO. ~ SERIF.S OF 1996 ·., <, . ... • \. A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY MANAGER. 10 aiii WHEREAS, the City Council, by Section 49 of the Englewood Home Rule Charter, bu the reaponaibility of appointin( and establiabinc compemation of the City Manager; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sactigp 1. The annual salary for the City Manager, commencing July 1, 1995, ia hereby establiabed at SIW,000. ADOPl'ED AND APPROVED thia 17th day of June, 1996. Thomu J. Burna, Mayor ATTEST: Loacriabia A. Bilis, City Clerk (, 1---A. Ellia, City a.It filr the City of Bapewood, Colando, ._..,, catif.J the abc"'9 ill a tr. cq,y ofa.obdnl No._ S... of 1118. Laai:rt t ·a A. lllia . , •, I· 0 • 1 - RESOLUTION NO. ~0 SERIES OF 1996 . " • A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY ATTORNEY FOR THE CALENDAR YEAR 1996. 10 afv WHEREAS, tbe City Council, by Sectiaa 6' of the Englewood Home Rule Cbutw, bu the reaponaibl)ity of appointiq and eatabliabiq compenaation of the City Attorney; NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: h;tim 1. The annual ulary for tbe City Attorney for the calendar ,-r 1996, commenc:inc January 1, 1996, ia hereby establilbed at $73,320. ADOPTED AND APPROVED this 17th day of June, 1996. Tbomaa J . Buru, Mayor ATTEST: Loucriabia A. Ellia, City Cledt I, Loucriabia A. Bllia, City Caark far tbe City al~ Colando, banby Cll'tif'y tbe above ia a tr1N capy al8-olaticm No. _ S... al 1911. •. .. I· RESOLUTION N0.5_1 _ SIBIES OF. 19116 ,. • • \• ,. . " A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE POR THE CALENDAR YBAll 1996. • . 10 a V WHEBEAS, the City Couacil, bJ SediaD 18 altbe Enpwaod Bame Rule Charter, bu the naponaibility al ..tabliebinr Nlariel fill' the llrmic:ipal Judp; NOW, THEREFORE, BE rr RESOLVED BY THE CITY' COUNCll. OF THE ClTY' OF ENGLEWOOD, COLORADO, THAT: Sec;tim 1. Tbe annual uiary for tbe Municipal Court Judp ia hereby Mtebliabed for the calendar year 1996, COIIIIMDdnc January 1, 1996 at $80,609. ADOPTED AND APPROVED tllia 17tb clay al June, 1996. Tbomu J. Burm, Mayor ATTEST: Loacriebia A. Bllia, City Clerk I, Loacriebia A. ... City Clllk lir tbe City al .......... Colando, ...., crif., tbe .a-. ii a tr. CIIPJ alRe••dice No._. S.-al 1118. •. .. I. 0 1 - - ORDINANCE NO. )J. SERIES OF 1996 ·~ . .. • BY AUTHORITY 10 bi COUNCIL BILL NO. 12 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING AN EASEMENT AGREEIIENT FOR 3000 SOUTH GRANT AND AN EASEMENT AGREEMENT FOR 3012 SOUTH GRANT FOR THE CITY RIGHT-OF-WAY ON THE CITY DITCH THROUGH BOTH OF THESE PROPERTIES. WHEREAS, the City of En,1-ood ia l'NJ)Clmible for con'"'1inc watw thraacb the City Ditch; and WHEREAS, the City Ditch ript-of'-way alone a NCtiCID ol the City Ditch ia neceuary for repairins and conveyinc water in the City Ditch; and WHEREAS, the City doel not appear to have a J-,led City Ditcb ript-of-way for the aection at 3000 and 3012 South Grant Street wbse the canupted pipe bu deteriorated cauamc leakap alone nch Nction; and WHEREAS, ~t ript-ot--y will be con..,.S to the City with the attached euement ~ta for 3000 A: 3012 South Grant Street; and WHEREAS, the City will be npladni aiatinr conupted pipe with 3&• reinforced concrete pipe and two --lltnlcturea; and WHEREAS, the City will .-ave and nat.ore pertinent land-pin,, fencinr, concrete and llidewalu in the coutructiclll ript-ot--y; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AB FOU.OWS: Sertier 1. 'lbe City Coanc:il olthe City ot ........ blnbJ aatllariw • ··-mt a,r11mmt for 3000 South Grat Binet far the City's ripkf-way CID the City Ditcb. Sertier 2. 'lbe City Coanc:il oldie City al ....... blnbJ aadlmiw • wt a,r I mt for 3012 South Grant 9tnst far the City's ript.af-way CID the City Ditcb. Introduced, read in full, amended and ,-ed CID fb'Pt nadmi CID the 4th day o( March, 1996. -1- • • I • -. I· 0 • • .. · ... • ... Published u amended u a Bill for an Ordinance on the 7th day of March, 1996. Read by title and paued on final reading on the 17th day of June, 1996. Publiabed by title u Ordinance No. _. 8eriel m 1996, on the 20th day fA J-, 1996. Tbomu J. Bmna, lla,ar ATTEST: Lolacriahia A. Ellil, City Clerk I, Loucriabia A. Ellia, City Clerk fA the City of Enpewood, Colcndo, hereby certify that the above and foresoinl ia a true copy fAthe ~ pMNd CID final reading and publilbed by title u Ordinance No. __. Seriea m 1996. -2- ('J! ~-_,i ,j. ~ ,-• .. t.. ·-~ { •• :'t' " ' . "y ·-. . ' ' • • 0 • I. . ,-, 0 ~ ~ ~ ~ ~ ~ ~ al I ~ l ( I l I f I i t. p· t s> i "l Ii I t s· t.: !! .r.. fa Ji 1 iJh !f t' 1;-f }ir ~'' lJ' ,, a .a11 u · d f. . ltf•f . a. ',1 fJ l 1 a., s l~rt ,f(jtl lrfe ~'I' i .. I iJr 1!r ! ~! P1 ltJl JIH d 111.1 hJ If { .( II.~ ! !!JI "hi 1r1 r. ii f-!i rit i 11 f-!IJ~r tff gf'a: tJJt Ir ·Ji ~ J,t ' lJ l I h f · I I S'!: f ! aJ'I hdb Hi iii i1 1 1 1l t1 1 111 .. , rl'I' 1-B, 'Jt ~ , 8 ul (Jt. t Jt r,1 I° ,I h 'l g , ur ffl u' ·; lf!: hu - '!i~~ I h@t ~ •. , :l I 1' !;· '~i, ifil f. r1t1 f l;.t fff ~ • I I . . ,., , I .. I . ' ' 7 , .· - - • • <. IN WITNESS WHEREOF, t.be Putill hanto ba'N aac:at.-1 dm Onmt afEa1....t t.be day and ,-r &It --writt,m. STATE OF COLORADO ) >•. COUNTY OF ARAPAHOE > GRANTOll: DAVIDIIILLD PROPERTY OWNBR ~µ4 Da'rid lliller 'lbe fanauinr ~ ... aclmowladpd w.-. -... JL'°lay af -~ , 1996, by Dawl lliller. WitnNI my band and a8lc:ial -1. My CommiMi1111 apirN: S: ft« I 9 g ' GB.ANTEE : CITY or DIGLBWOOD, OOLOIW>O ATTEST -2- . ' •. • • - - . .. . ' • <. I F6N JESCBIPUCW A PARCEL OF LAIi) BEifli A PART OF LOTS 1 NI> 2. 8UXX 5. OF SlRAYERS BR<WlilAY HEIGHTS. A SlB>IVISION PLAT RECCRE> IN BCa A'Z. AT PASE 01 OF Tl£ NWNa. cwm REC(R)S. SAID PLAT BEifli LOCATED IN Tl£ SOJT1liEST IJIE -QUMTER OF 11£ f«RTl£AST IJIE-QUMTER OF SECTIC. 3'. TIIIISHIP, SOOTlf. UlliE 68 IEST OF TI£ SIXTM PRIICIPAL NERIDIM. cm OF BR ecm. aum OF MWMIE. STA'TE OF COLaw>O BEilli IGE PMTICll.MLY JSSCRDFD AS Rl1.IMS: CCIIEICilli AT Tl£ IOlTl£AST CDNER OF LDT 1. IUXX 5. OF SAID PLAT. 11£1CE Tl£ SOOTHEAST CDNER OF LDT 4, 8UXX 5, CF SAID PLAT EMS samt oo•oo·oo· EAST A DISTAll:E OF 100 .00 FEET. SAID UNE RIINI11i 11£ IASIS OF IIEMilliS RJl THIS DESCRIPTIC.: THEICE AUIIG 11£ ET UIE Of A 16.00 FOOT MJ.EY AS SICIII C. SAID PLAT. SOOT1f oo·oo·oo· EAST A DISTMEE OF 11.38 FEET TO 11£ lJI£ 1!m1I ~ lfGIWifli: Tl£1CE CCIITitlJifli AI.Ofli SAID IEST LINE SOOTM oo·oo·oo· EAST A DISTN«:E OF 1,.21 FEET: Tl£NCE SOOT1f 57•15•29• IEST A DISTAll:E OF ,5.02 FEET TO A POINT ON 11£ N<RTH LINE OF LDT 3, BLOCK 5 OF SAID PLAT: T10CE ALOfli SAID N<RTH LINE SOOT1f 90•00·00· ~ST A DISTAICE OF 72.63 FEET: Tl£JCE tlRTH 27•30·21• EAST A DISTANCE OF 6.76 FEET: T10CE flRTH 90•00·00· EAST A DISTN«:E OF 56.65 FEET: Tl£ICE N<RTH 57•15•29• EAST A DISTAi«:£ OF 60.31 FEET TO 11£ lJI£ 1!m1I IE RfGINNifCi. SAID PARCEL OF LAIi) CONTAINS 1020 SWME FEET CR O. 023 ACRES. IGE CR LESS. cm OF Ellil om, cm onat EASEMENT 1K .D ND. 2882.00..00 APRIL 15, 1996 atf Sl£ET 1 OF 2 9329 ·. .. . .. ' I· 0 1 • . ' • •. \. EXHIBIT SCALE : 1"•20' I LOT 48 POINT Of I LOT 47 LOT 411 LOT 4!l LOT 44 COMMENCEMENT 1 1 ® 1 NE CORNER I LOT 1 IU>D< 5, I I I I SlRA'WERS 1 25.00' I 25.00' I 25.00' I 25.00' I :r;~v L _____ -1; ~;o~;o~ ~ _____ L ___ ~J-__ \ ... ·~~,~--'~-'-~"'---~,.1 __ _ s ~ 1 I \I' I 25.00' I 22.00' I ~ 'mnNUSl I '1' lfr I I J 00' -l L::-, LOY 4 I :,.)>.0 I I · II I ... ;.>. I I fJOOO U• I I ~-. I LOT l I 12.00' z co (JI 0 Old ·o a, • ~ : I® : \ I \ I v,r-11.00· col f3012 01 dt-q, o, q, ~: I ...,, ""' (JI q e, ..... LOT 1 Ul~ LOT 4 I LOT 2 fTI N 27"30'21" E 6.76' ........ .... ............. I ', ' I ', LOT !l 25.00' I 25.00' I ', I '..J L-----_I_------'------:::::.~ ----...1.L ____ _ -tllal DIIU IICll IIIEPIIHOIJ A -1111 ._.,, If IS ONLY NIIMEI 'RI IIU'ICJ 1Hf AnMHD --· SOU1H GRANT S1REET (80.0' R.O.W.) ROCKY MOUNTAIN CONSULTANTS, INC. SHEET 2 Of 2 -IIO. ' 11mc · . . .. ... I • , • •, • l. GRANT OP BASl'NFNT nus GRANT OF AN EASEMENT ("Grant") ia made tbia --day of _____ ,, 1998, by CAROL M. JACOBS ("Grantor"), wt-. addJ'NI ia 3012 South Grant StrNt, Eaclewood. Colorado 80110; and the CITY OF ENGLEWOOD ("Grant.."), a Colorado municipality w1-e place of bu.liDea ia 3400 South Elati Street, Eqlewoocl. Colorado 80110. THE PARTIES conveD&Dt and qree u followa: 1. Eeema,t Pz:gpvty. The "Euement Plope.ty• lhall mean the real property locat,ed at 3012 South Grant StrNt in the County of Arapahoe, State of Colorado, more particularly cleacribed OD the attached lepl dHCription. 2 . Cgptidcratjop. In c:amideration for tbia Grant, Grantee will pay $10.00 and other valuable conaideration. 3 . Gr;ant qf Ee¥JMQt. Grantor bareby sranta to Grantee, ita aw:ceuora and auipa, an excluaive, permanent and perpetual eaMment OYer, under, acrou and throuch the Euement Property for the purpoee of comtruc:tiq, operatiq, maintainilll, repail"iDf, replaciq, removiDI and enlarsm, tb-atructurH or improvements of Grantee. 4. ~-Grantee ahall have the perpetual and aduaive ript ofiqreu and qn111 in, to, over, tbrouch and acrou the Euement Property for any pmpoae n-.iy or desirable for the full llltjoymeDt of the ricbta srant.d to Grant.. under tbia Grant. 5 . Syhjeczgt pd wtmli S,•gpcrt. Grantor covenants and qrNI that Grant.. lhall have the ript of IUbjacent and latenl support CID the £11-t Property to wbateftr utent ia D-,,Y or deainble for the fbll. c:omplate and undiaturbed ~ of the ripta ll'&Dtecl to Gnnt.e unclar tbia Grant. 6 . Wernmty qf Title . Grantor wanata and ~ta that GnDtor ia the fN maple owner of the Ea-ent Propaty and that Grantor baa full ript, title and audiarity, and that tbia Grant ia .a'ec:tiff to ll'&Dt -_,,., to Granta the witbin daac:ribed --.at. Grant« fmtber -.Uta and .... to iD+-nHy, dafaDd aad bold Grant. harmlw from and apiut any ~ claim to the title of tba lumNDt Property by all and every penOD or peraoaa lawfully c1aimiq or to claim the whole or any pan thereof'. 7 . Bio4ior Efftct . Thia Grant ahall utend to and be biDdinf upara the 11--«n and auipl of the rwpective partiu bento. Tbe tllnlll, _..ta, ap11mmta aad conditiona iD tbia Grant lhall be CODltrued u cowmanta NDDiDf with tba lud. -~ ' . . . 'l. . r,., ... .. I. , . .. ·, • (, IN WITNESS WHEREOF, the Putiel ba9to baff aacmed tbia Gnat afEa-mt the day ud yur 6nt above writ:teD. STATE OF COLORADO l )a. COUNTY OF ARAPAHOE l GllANTOR: CAROL II. JACOBS PROPERTY OWNBll Yni,.f'orepiJII imtrument WU acJmawledpd before me tbia '!!!l. f., of _1 ....... ___ , 1996, by Carol M. Jacobs. Witn-my bud ud official Mal. My Commiuion apirea: /-3 ·/JO GRANTEE : CITY OF ENGLEWOOD , COLORADO ATTEST Louc:riabia A. Ellia, City Clerk • .. . .. I· ; - -.. . ,. • \. A PARCEL OF I.NC) .BEIJG A PART OF LOTS 3 All> 4, BLOCK 5, OF STRAYERS BAOAIMAY 1£IGITS. A SlB>I'HSION PLAT REOIIDED IN 800( A2., AT PAGE 01 OF TI£ #WWI£. COONTY REC<R>S. SAID PLAT BEIJG LOCAlED IN TI£ SOOTllEST CK-QUARTER OF TI£ tam£AST CK-QUARTER OF SECTI<lt 34, TIIIStIP 4 SOOTH, RANGE 68 ~ OF Tl£ SIX'Tlt PRitCIPAL MERIDIAN. cm OF ENGi EMXI>. aum OF /IWN'l£., STATE OF COUNDO BEIJG tGE PNITTClURLY IESCRIBED AS FOLLCMS: COIEl:ItG AT Tl£ SOU11IEST aRIER OF LDT 4, BLOCK 5, OF SAID PLAT. ll£lCE Tl£ tamlEST C<JU£R OF LOT 1, BLOCK 5, OF SAID Pl.AT BEARS ant oo•oo·oo· ~ A DISTNCE OF 100. 00 FEET. SAID LINE RRII11i TI£ BASIS OF IIEMilliS ~ lltIS DESCRIPTION: THENCE AUIG TI£ ~ LINE OF SAID LDT 4 All> TI£ EAST RIGHT OF IMY Lif£ OF SOOTH GRANT STIEET ant oo· oo·oo· ~ A DISTAll:E OF 3.00 FEET TO Tl£ IBUE fQlHI QE REGI,Willi: Tl£NCE CONTINUIJG Al.CNi SAID EAST LINE fDTH oo•oo·oo· ~ A DISTNCE OF 20.12 FEET: THENCE NCRTH 21•30·21· EAST A DISTAICE OF 30.30 FEET TO A POINT ON , Tl£ SOOTH LINE OF LOT 2. BLOCK 5 OF SAID PLAT: Tl£NCE Al..(11; SAID SOOTH LINE 0TH 90•00·00· EAST A DISTAll:E OF 72.63 FEET: Tl£NCE SOOTH 57•15•29• ~ A DISTNCE OF 11 .09 FEET: Tl£NCE SOOTH 90•00·00· ~ A DISTNCE OF 52.90 FEET: THEJ«:E SOOTH 21•30·21• ~ST A DISTNCE OF 46.23 FEET: Tl£NCE SOOTH 90•oo·oo~ST A DISTANCE OF 3.05 FEET TO TI£ IB1,£ 8WfI ~ REGilfUfli. SAID PARCEL OF LAIi) CONTAINS 866 SQUARE FEET CR 0.020 ACRES. tGE CR LESS. cm OF ENGi EMXI> CITY DITCH EASEMENT RfC D II>. 2882.004.00 APRIL 15. 1996 atf StEET 1 OF 2 , . • I· ....... -------------------~---. • L EXHIBIT SCALE : 1"-20' I LOT 48 LOT 47 I LOT 45 LOT 45 I LOT 44 I® I : 25.00' I 25.00' I 25.00' I 25.00' I L-----~---J-L------L-----~----- r --..,.. ---,.----~ --. ~ ---,-----Tr----- \ I \ I 25.00' I 22.00' I I , I , I I 3 00' -I I- ' I \ I I ' I \ I \ I LOT J I I ~ \ I I I I' ' I I I 1\ \ I @ I I I \ \ I I I \ \I S 57"15'28" W : \ 11 .09' I \ f3000 ' 1;::; : I~ I l(JI I 1C!. I I 12.00'-4 I w1 ~ I : I I 01 I .!=>1;., I Olu, 13012 I P 1N ~ I ~I,.._ S ·c°>J.' I LOT 1 I <>•> I I Z ~o• LOT 4 I I LOT 5 I I I I LOT 2 I.... 4' <1•, S 90'00'00" W 11 3.05' I I _ _,, ~ I <>• LOI 1, aoac I I Jo ~0~ I 25.00' 25.00' I ·Jo, I'•(" ------------~------S:.......---,~~pc I I I N CID'OO'oo·. -or--.. N oo·oo'oo" w SOUTH GRANT STREET (60.0' R.O.W.) ROCKY MOUNTAIN CONSULTANTS, INC . ... . , 20.12' SW CORNER LOT 4 kOCIC 5, S1RA'ffltS BROADWAY HEIGHlS. SHEET 2 OF 2 'lfflC .. I • , - - 0 ORDINANCE No)7 SERIES OF 1996 • • •· • <, 10 bii BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL LICENSE AGREEMENT BETWEEN THE ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO ARAPAHOE COUNTY CROSSING CITY DITCH WITH FIBER OPl'IC CABLE IN CONDUIT. WHEREAS, Arapahoe County wiahee to imtall an underpound fiber optic cable in conduit under the City of Englewood'• City Ditch ript-of-way .located at apprcmmately where Littleton Boulevard becomw Main Street at Court Pl-; and WHEREAS, the Licenae Apeaaent aeta forth that the Arapahoe County Board of Commiuionera UIUJDW full and atrict liability for any and all clamapa of every nature to peraon or property cauaed by the point or point.a where Arapahoe County performa any work in connection with the c:roaing of the fiber optic cable conduit; and WHEREAS, the Liceme Ap-eement aeta forth the City'• ript to make full uae m the property neceuuy in the operation m the City; and WHEREAS, the City of Englewood ntaina all ripta to operate, maintain, inltall, repair, remove or relocate any of the City'1 facilitiw located within the City'1 rigbt-of--y; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: S@ctigp 1. The "Licenae Apeement" at&acbed u "Emibit A", with the Arapahoe County Board of Commiuionera ii hereby accept.ed and approved by the Baslewood City Council. 'Ibe Mayor is authorized to eucute and the City a.It to au.t and INI the Aar-mt for and on behalf of the City of Englewood, Colando. Introduced, read in full, and pueed OD tint readm, OD the 3rd day m June, 1996. Publilhecl U a Bill for an~ OD the 8th day fA J-, 1996. Read by title and peaed OD tlnal readiar OD the 17th day fA June, 1996. Publilhed by title u OrdiDa.-No. __. Seriea m 1996, 1111 the Db day m JUM, 1996. ATTEST : Loucri1hia A. Ellis, City Clerk •. •. .. I. 0 , ,, r • • <. I, Loucriahia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and publiahed by title as Ordinance No . _, Series of 1996. -2- ' ~ • ... ~ li· ·.'-1 : ~ ~ ,-.,· , ·:··. ·..... } . "" ...... ,. .. ~\~-~' ::·:)',· .. • I • • • . . LICENSE AGREEMENT THIS AGREEMENT, aade and entered into aa of the day of , 19 ... by_a_n_d ..... be~tween the CITY or tiiGl.i:iooD, a aunicipa_l ___ _ corporation of Colorado, hereinafter referred to a• •city• and . Ara pa bae county..., ___ __..._ __ ..._ ___________ _ ---, hereinafter referred to aa •Llcenaee,• WITHESSETH: Th• City without any warranty of it• title or interest what•o•ver, hereby authorize• Lic•n•e•, it• •ucce•sor, assign•, to install a Fiber OQtic Conduit tbe City's rights-of-way for the City Ditch, under described a• a parcel of land situated in the _w_e~s~t......,Cwowr~n~ewC------~ of Section 1 6 , Township s Soot b Range 68 Hest --o ... f_th_• ___ 6J_t_h _____ _ P,M,, County of Arapahoe, State of Colorad_o_a .. na°"""""iy-i""n_9_w-i""tbr"r'in the following described linea: Th• above-described parcel containa _ __...._ ______ _ acres, more or l•••· 1, Any construction conteaplated or parforaed under thi• License shall comply with and confora to •tandard• foraulated by the Director of Utiliti•• of the City and •uch construction shall be ,parforaed and coapleted according to the plans, con•i•tin9 of one •h••t, a copy of which i• attached hereto and made a part hereof. 2, Th• Lic•n••• shall notify the City'• Director of Utilities at least three (3) day• prior to the ti•• of coaaenceaent of th• conatruction of, or any repair• aad• to, Licen•••'• Fiber O~tic Conduit sot at tb• City aay, In lt• a1.cretlon, "'i_n_•_p_a-c""'t_•_u-c""h-o-parationa. 3. Within thirty (30) days froa the date of the commenc .. ent of con•truction of said ' • . • I T .. I. 0 -----------------~----------------------------------------------,, { • • - Fiber Optjc Condyjt the Licensee shall complete such construction, place and maintain permanent, visible markers, of a type and at auch locations aa designated by the City•a Director of Utilities, referring to the centerline of the inatallation and shall clear the crossing area of all construction debris and restore th• area to its previous condition as near aa aay be reaaonable. In th• event the placing of the centerline aark•r• and the clearing and restoration of th• crosaing area is not completed within th• ti•• specified, the City aay coaplete the work at the sole expense of the Licensee. 4. The City shall have the right to aaintain, inatall, repair, reaove or relocate the City Ditch or any other of its facililties or installation• within the City'• rights- of-way, at any time and in such aanner aa the City de ... necessary or convenient. The City reserve• the exclusive right to control all easements and installations. In the event the Fjber Optj! ~ndylt should interfere with any future use oe C ty•s rights-of-way by the City, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove its installations so as not to interfere with any such use. 5. Any repair or replacement of any City installation aade necessary, in the opinion of the City's Director of Utilities because of the construction of the Fiber optic coidulr or other appurtenantnstallatlon thereof, shall be aade at the sole expense of the Licen•••· 6. The atipulation and condition• of thi• Licen•• ahall be incorporated into contract apecificationa i~ the construction herein authorized i• to be done a contract basia. 7. The right• and privilege• granted in this License shall be subject to prior agr••••nta, lic•n••• and/or grant.a, recorded or unrecorded, and it shall be the Licenaee'• sole reaponsibililty to determine the exiatence of .. id docuaent.a or conflictil"ICJ uaes or installations. 8. The Licensee shall contact and fully cooperate vith the City's personnel and the conatruction ahall be coapleted without interference with any lawful, usual or ordinary flow of water through the City Ditch. Licena .. shall aasuae all risks incident to the poasible preaence of aucb vatera, or of atora waters, or of surface water• in the City Ditch. 9. All trench•• or holes within the City'• righta-of-vay shall be backfilled and taaped to the original ground line in layers not to exceed six (6) inch•• loose aeaaure to a compaction of ninety per cent (901) Standard Proctor Naxiaua Density. ' . ' • I . 0 ~ . • • \. 10. Licensee, by acceptance of this license, expressly assumes full and strict liability for any and all daaag•• of every nature to parson or property caused by water fro• the ditch leaking through the ditch bank• or pipeline at the point or point• where the Lican••• performs any work in coMaction with th• crossing provided by this license. Th• Lican••• aaauae• all responsibility for aaintenance of the installation. To the extent authorifed by 1•v, 11. Licensee shall ndaan fy and aava baral••• th• City, its officers aand .. ploy•••, against any and all claiaa, daaagea, action• or cau••• of action and expense• to which it or they aay be subjected by reason of aaid ~ibe~optic cpnd~ifma being with n a aero•• aner the pr .. i••• of the City or by reason of any work done or 011iaaion aada by Lican•••, its agent• or .. ploy•••, in coMection with the construction, rapla: ... nt, aaintananca or repair of said installation. 12. It i• expressly agreed that in case of Licen•••'• breach of any of the within proai•••, the City aay, at its option, have specific perforaanca thereof, or aua for daaages resulting froa such breach. 13. Upon abandonaent of any right or privilege herein granted, th• ri9ht of Licensaa to that extant shall tarainata, but it• obli9ation to indeanify and aave baral .. • the City, its officer• and aaploy•••, shall not tarainata in any event. 14. See attached addendum. In granting the above authorization, the City r .. erv .. the right to aake full uae of the property involved as aay be necaasary or convenient in th• operation of the water works plant and ayat .. under the control of the City. IN WITNESS WIIDEOP, this instruaent baa bean executed as of the day and year first above written. ATTEST: CITY OP ENGLEWOOD, City Clerk Mayor APPROVED AS TO PORN: LICAGM6 . ' •. .. I. 0 • • .. ADDENDUM Arapahoe County will put in five (S) potholes to imure that llid propo,ed Fiber Optic Conduit \\ill be at a minimum often (10) feet fiom center line of die city ditch. , . . • .. • • • <. EXHIBIT A CITY OF ENGLEWOOD RIGHT-OF-WAY CROSSING STA TE LAND BOARD (OWNER) A fiber opic cable which is rroro-f lo be localed in lhe Soudt-quarter of Section 16, Township S Soulh, Range 61 West of lhe Sixth Principal Meridian, Arapahoe County, Slale of Colorado and lying wilhin the existi1111 2S foot wide rip-of-way delcribed in Doolr. 4172 al P.,.e 46, Reception No. 2414107 unona lhe land -.Is of Arapahoe C-,,; aid fiber oplic cable i• intended to be located S feet west of lhe -1y line of aid ript-of-way, and i1 - panicularly dclcribed u follows: BqiMing at• point on lhe wnterly line of •id ri&hl-of-way, from which lhe _. quater corner of Section 16 bean North 7 .. S3'46" Wat, a..._ of 1162.76 feet; lhlllce thnJuah Aid City of Englewood Ditch Eamnent the following c:oune: South 44°13'S1" Eat, • distance of 22 .93 feet; thence parallel to and S feel -*rty of Nici euterly ri9h1-of-way line the following fiw (S) couna: Soulh 16°21'4S" Wat, a distance of 132.0S feet; thence South 24°21'26" Wat, a distance of 109.32 feet; thence South 13°06'16" West, adistanceof200.06 feet; thence South 20"Sl'46" West,• di-of 446.31 feet; thence South 20°19'0S" West, a distance of 164 .31 feet; thence South I I 0SS '42" East, • distance of 9 .37 feet, to the point of tcrmi11111, which i1 located on said easlerly right-of-way line; from this point the wnt qual1cr comer of Section 16, bean North 33°1S'l9" West,• distance of 1414 .31 feet . The bearings of lhis project Me bHed on coordinates established by Benchmadt Surveyi111, Ltd . for 1hc west quarter comer of Section 16, Towmhip S South, Range 61 Wat of 1hc Sixth l'rincipal Mc:riJi., (found a 3" axle in• ranac hox)-1 llcachmart.'1 contml point IS14 (found• #S rchar wi1h • r!astic car llampcd "LS 16401"), both of which -.,_,, and li9ted on • drawi1111 enti11ed "llllfl'O-Survey Pia! of South-Comdur R .O .W . ill pan of SectioD 16, T .SS ., R.61W ., 6th P.M. Slale of Colondo", m-. I Md 2 of 2. 1lie ..... ..._ l8id poiau is calculad to be South 72"01 '03" w ... On behalf of and for ar.ihane .t. O'M-. Inc . Mark A . Miller, PU, Cnlnrado Rqistrlllion Nn. 2A62(1 ' .. . . . ': q_;-, . ' ri, . , • . .. I • 0 1 a2xl • ---------------:-------- EXHIBIT 8 <. ,.,., ., -·-· ,,,.,Qil ,,. ~ t ti[" fllQM • 1/4 CCII sec•• 11. rOUNO r AIIU .. aMICl[ eoa: S 78~)· .. • C UIJ Ja' I i~~·~w..~-.- • • , ....... I ~. :ol', ~I!?· " . :-"' ~ ... -~ "', l:;~ .... ~ "'"'"' .. . "' i!, •• "1, '(/~ t ~ • I °lt IGU.MID '"Cl HJO l .... t{:I / .... 4111"AOl .. i t' a•..L.. (IUSIIIC cf--,\ 7 .. .J ~ ·•'7 ,. .. ''"''""' I 1:.3- •-•-1 ' I ; I i SW t/4 OF Slr:TION 16 TOrlNSHIP 6 SOUTH. RANCE 68 WEST, ARAPAHO/£ COUNTY. COLORADO. I I I PROPOS!ED '1BIER OPTIC CABl.f I.OCATION I ._. ..... I -··--::.:::-.... .::.=-.. -;.::-:' .. -.:::= r.:. ':":."'.:--....:.. = ,~,... ........... ..., ................ ..... .... , ...... ,. ............. ...... u ... ,. ............ -........ . --""---~ ..... -i:''r. ~ :.c.::.l.'l:.""i ::t-."JT · .. ............................... .... , ........... .. ... ..., •• -...... IPCIIIC ...... ,wa •• C-... LIU91. -•• _. ..... , ................ _ .. I I I •• 11• e J I -I -... ... 1,··· -.... ·- CRE/ENHORN6 • O'IIARA, INI:. •:w:::::Z• ......... z,._,..z,eeez...,,.... ....... ...__ ......................... ..... .. I • 0 'J2xl ~ .. .,, .. ,. ...... • • EXHIBIT B ... " l , .... ·"~f, 'Jo'' ,~-c; ,,. . t ' /I 2$'ot,or CNQ.CWOOD~ I RICHl ·Of'·WAY --...., BOOK 4172 PAC( 41 I I I I Sr~ - 16 ' FIBER OPTIC CABLE EASEIIEN1' INSIDE RICHT-OF-WAY FROII STATION IS+S6 .9 TO 26+41.2 I - ff t/4 or Sllr:TIO# M fTJll#SHII'/ SOUTH. IIAIIC• I HST, AIIAl'AIIO• COUNTY. COLOIIADO . • .. .. _..,,, ..... - .. ., I • 0 1 a2xl • • 0 I ~ fr I I If~ I~ I "' g ,, i ,r ., l f Is " i ' J l f r ~ J f £J'JB a rt i I 1( a~> ~ s-.11 5J s-·a rl m ~m . fi~-~ ~1!1~ ~1 iJt 'I I rl t i!I I ti!ts ~, 1[ [1 [ fr 1[ ii~ I t!J,[ §~ ft f I ,r f] II I iilf! II Ji I i fl f~ ii i 't'ff I ~1 f I ii ,, 2§ , t,1_ ; ~t I, 1.~ ff !-~ ~ t I~• . r i ~,1~f 8 Ii f &' l i ;I. . , I > i ,... " , .. a· i! t· ~ f t f ~ f /pt Ii '• ~ l ! f ]it .. •1 . s tl I 1 ' ! I'' ij ' . •. " I Ir · ~ , , l t . 3 ! } "' s· f t2 l'a ~ ~ t , ... N ~ r I .. ' • ... . ~ . ' ,--------------------------.,----------------------- .. • • . . .. • JULY 1, 1996 REGULAR CITY COUNCIL MEETING PUBLIC HEARING -CONCRETE 1995 '• ... • 0 • I·