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HomeMy WebLinkAbout2008-08-18 (Regular) Meeting Minutes• 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD , ARAPAHOE COUNTY, COLORADO Regular Session August 18 , 2008 The regular meeting of the Englewood City Co uncil was called to order by Mayor Woodward at 7:46 p.m. 2 . Invocation The invocation was given by Council Member Mccaslin. 3. Ptedgo of Allegian ce Th e Pledge of Alleg iance was led by Co1•c,cil Member Mccaslin . -4 . Roll Call Present: Aosent: Council Members Jefferson , Moore , Penn , Oakley, Mccaslin, Wilson, Woodward None A quorum was present. • Also present: City Manager Sea rs City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ell is Deputy City Clerk Bush Director Gryglewicz , Finance and Ad mi nistrat ive Services Director Kahm , Public Works Director Whi te , Community Devel op ment Sea ior Planner Langon , Community Development Pol ice Co mmander Watson 5. Consideration of Minutes of Previous Suslon (a) COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER WILSON SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 4, 2008 , Mayor Wc,.xlward as ked if there were any quest ions or modifications . There were none . Vote results : Mot11.:ri carried . Ayes : Council Members Penn , Mccaslin , Moore , Woodward , Jefferson , WIison, Oakley Nays : None 6. Recognition of Scheduled Public Comment • There were no scheduled visitors . 7. Recogn ition of Un sc heduled Public Comment Englewood City Council August 18 , 2008 Page 2 (a) Lila Down in g, an Englewood res ident , said I'm he re ton ight to than k you . We had an inc red ib le softball tournament July 17th through the 20th• When I came here the fi rst time , I was naive . I will tell you that. Hindsight. I thought I had it planned out and tho ught out and I knew the ins and outs of it and I learned a lot . I want to say thank you for your support , in believing that we could do it , and we did do it. Gary, your City people are absolutel y outstanding . They went above and beyond , on so many levels , that there aren 't enough ways to say thank rou to them ... to all the guys at the City . I mean , they thought of things that I was like , aaugh , Good job Jeff Jones , he was there and a lot of times I didn 't even hear him , but he was there . Jerrell Black . I mean all of those guys . It was just outstanding . You should be very proud of these people that work in our City . They were awesome . And as I thought about wming here and I've been thinking for weeks , how can I say thank you to you? How can I really im part to you what it meant? And I kept go ing over it and over it, and when I finally got done , I thought what do you do for the player in the game who saves yo u? You give them a game ball . So , there are a dozen game balls . Please take one . Remember ... the ne xt time someone like me is standing :c front of you and they are ask ing . please take care of the kids or look out for the ki-'s or whatever, it's a good th ing . So , thank you . Thank you . Mayor Woodward said thank you . Ms . Down ing sai d I was going to throw those but... .There was laughter . Mayor Woodward sa id just a comment I heard that some of the losers from Oklahoma were pl eased with losing as they got to spend the da) at Pirate 's Cove ... the day of the championship . They thought that was one of the best deals ever . Ms . Downing said that is very true , One of those comments , it's like , okay, you guy s are done , what are you going to do? They all looked at me and said well we're go ing to Pirate 's Cove . Mayor Woodward said congratulations on a very successful tournamer,t. Ms . Downing said thank you . (b) Rick Reese said good evening . I own a small business on South Broadway called Dress for Less Clothiers . My wife and I have owned it for 20 years . As you may or may not know, I'm on the BID board for South Broadway and I'm here to , first , thank you for fast-track ing the changes to the City statutes that allows the BID to go out and buy and place what we call streetscape , which is street landscaping . Planters that will have artwork , bike racks , and whatever else we can come up with that would beautify the eight blocks located in the BID district. To give you an idea of what we've tried to do ... we ·ve started on the north end and we go through , with the City guys , and pick out places that are safe to put our streatscape and get a value for the piece, but also not inhibit traffic or visibility in any way . And that's been very su,<cessful , working with the City , in that regard . But over the last week we have learned that the ordinances, as they are written today , will be putting us behind the eight ball financially . Mainly , they are requiring us to pa y a i,:· ).OD per piece , per year permitting fee and our plan is in the 50 to 60 piece range , so Just on the a11sual pe,1rnli,ng fee , the BID wo uld be paying anywhere from $2 ,000 .00 to $3 ,000 .00 per year, in annual permitting fees, for these stree,scape items . Well , as yo u may know, our budget is just a little over $100,000 .00 , so we're look ing at 2% of our annual budget going to an annual permitting fee for things that we've put in the right-of-way to beautify the City and increase property values and hopefelly raise sales tax revenue and make the area more vi able econom ically . So , both Ted and I are here today to urge you to reconsider how you 're going to pu, fees on the BID in this regard . We think that we should be paying some permitting fees , but not lo the level of $2 ,000 .00 to $3 ,000 .00 per year. We feel that if we paid a $50 .00 annual permitting fee and pa id for a $5 ,000 .00 bond that that would be a fair way to app roach ii. Quite honestly , if we do go ahead with the ordinance as it is today, as we understand it today ,••• would probably have lo shelf this program , because ii ju~t doesn 't make much sense for us to commit 2% lo ,1'1, of ow budget to fees . If you take a step back , and you oak al what we 're trying to do , we have voluntarily raised the money , for that district. to improve that district, and the first year out of the gale, we 're ending up paying 2% to 3%, or projected out , 2% to 3% of that budget, back to the City and we just don 't think that's fair , and it would be a hard thing to convin ce the people , in the Business Imp rovement District , that that was a wise way to spend their money . So , I apprec iate your efforts up !0 this point. but I strongly urge yo u to reconsider how you are going to ask the BID to pa1 the ir share of any r-Nmilting fees . Than k you . Mayor Wood wa rd said thank you Rick . Seve,·al Council me mbers thanked Mr. Reese . (c) Ted Vasilas said I am here on behalf of the South Broact·.,ay Englewood Business Improve ment District. I had a meeting wi th three guys from the City staff, headed by Dave Henderson , on Friday and he notified me about the fees and the perm its on th e outside seating and the BID flower planters and bike racks . I • • • • Englewood City Council August 18 , 2008 Page 3 app reci ate , by the way , what lhe City worker did for both the outs ide seating and gave us a perm it for the flower planters and bik e ra cks in the BID area . I don 't like lo repeal what Rick has already sa id, but I am here for the same reason . I can see , okay , ch arge the restaurants if they have outs ide seating , because the y will make some kind of mone y ... some income ... but to charge the BID to put a flower planter or a bike rack in, to beautify Jur area , at S50 .00 per item and then $50 .00 every year to ma inta in that item on the sidewalk , it is a stiff penalty . We will be having a meet ing Wednesday and we will brin g it up to our Board and it depends on what yo ur decision is ton ight. I hate to put it th is way, but I don 't see th e BID spending between $40 ,000 .00 to $50 .000 .00 over the ne xt three years lo beautify South Broadway and then the City com es along to penalize us for that beaut ificalion ... by charging us at least S3 ,000 .00 a ye ar . I don 't see that , people . If you can convince me we have to do that or if the City depends on that money , that is a different story . Bui right now ... we went through a lot of work to create the BID and the reason we went through a lot or work to create the BID is so we can be partners ... the businesses and the City ... to do something for our area . And , I apprec iate that you are listening to us tonight and I appreciate your re-consideration of the fees . Like Mr . Reese said , we can pay $50 .00 for a fee for all th e things we will put in this ye ar , okay , and $50 .00 for all the things we will put in next year ... a one lime fee , okay? But you cannot treat the BID like every restaurant or every business out there . Anything we do out there , we do for beautificat io n for the City . I appreciate ii, thank you . Mayor Woodward said than k you . Several Counc il members thanked Mr. Vas il as . (<') Rick Gill i! sa id thank you Coun ci l. I am here tonight for a Parks and Rec issue and hopefully you can give us some guidance at a later time . Ba ck over off of Belleview and Windermere there is a wonderful park , baseball fie ld ar d water park , wh ich I understand that you folks got to enjoy . In that park there is a dogg ie park and by the dog le park , behind the baseball field , ther e is a beautiful walking trai l. This trail appears to have been abandoned by the C't1 . People are still using it , but some of the folks I've talked to say they are feeling real unco~fortable, because ii as been overgrown and I was just sent to ask if th is is an aban do ned • project by the City . I would be a shame if ii was , as the City has obviously spent a lot of money In the past. If you want to know where it is at. .. if you go to the doggie pa1k right there on Windermere , if you head south toward the soft ball fields , you will see a little wooden-rail tra il... going up and in the past that was a nice , wide tra il and I have been trying to get hooked up like you guys and use myself to see how ii is . There are a couple issues of safety ... there are some safety things there such as trip hazards . There is the safety issue for females wal ki ng through there , because ii is really not secure and it Is n't really open . I don 't know which one of you wou ld be responsible for Parks and Rec , or if you can help me know who to talk to . But . it is a safety issue for the City and a beautification issue , just to keep up with wha t we have don e. One of the reasons that I moved towards that pa rk is beca use I love Bellevi ew Park and our fam ily has used that for years . And , I get to see peopl e use that stretch of walkway every day . And , I om just at a loss as to where to go with th is, other tha n to say , folks I ne ed yo ur help with that. I appreciate what the City has done in that park . I know somebody ha s obvio usly budgeted a lot of money to update that park and update the equipment. As a res ide nt of that area , I want to thank you fo lks for budge ting that , becau se that was definitely something that beautified the City and citi zens defin itely get a lot of use out of that. It is just a shame that there is all th is real nice area and then there is this little bad area . So , if you would like more information , please give me a call or get me in line as to who to talk to ... that would be great as well . And , I just wanted to follow up from two weeks ago , I did ask abo ut the ava ilabili ty of the tapes after six months and I haven't heard anything of that and just want ed lo kno w if that was still on the agenda . And aga in , than k you very mu ch. Mayor Woodward sa id thank yo u. 8. Communications, Proclamations ar,d Appointments There we re no items submitted for approval . 9. Consent Agenda • MAYOR WOODWARD REMOVED 9 c (I) FROM THE CONSENT AGENDA . (a) Approval of Ordinan ces on First Read ing Englewood Cit.1 Council August 18 , 200 11 Page 4 There were no add ition al items subm1lled for approv al on first readi ng . (See Agenda Item 11 .) COUNCIL MEMBER MOORE MOVED , AND COUNCIL MEMBER WILSON SECONDED , TO APPROVE CONSENT AGENDt, ITEM 9 (b) (I). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 47 , SERIES OF 2008 (COUNCIL BILL NO . 51 , INTRODUCED BY COUNCI L MEMBER MOORE) AN ORDINANCE EXTENl'JING A TEMPORARY SUSPENSION OR MORATORIUM ON THE ESTABLISHMENT OF NEW "ROOMING OR BOARDING HOUSE" USES . Vote results: Motion carried . Ayes : Council Members Penn , Mccaslin, Moore, Wood ward , Jefferson , Wilson . Oakley Nays : None (c) Resolutions and Mot ions (i) A recommendation from the Finan ce and Administrative Service s Qepartmenl to approve a resolution on setting fe es for temporary occupancy of public right-of-way applicati~ns and permits was considered . • Mayor Woodward said I am speaking for myself, since we have not had the opportu nity to discuss what Mr . • Reese and Mr . Vasilas have brought up , but it was my understand ing that the SS0 .00 fee would be an application fee and , al least speak ing for my own intent . ii was for whatever they were applying for . So , if they were applying for three bike r3cks , two planters and three seats or three cha irs along an area of Broadway , that would be one ap;,lication ... if that was in that appl icalio n ... and that would be S50 .00. He sa id the first time S50 .00 and then $SO .OD annually lo renew that. Director Kahm sa id I th ink there were a couple of iss ues when we tal ke d about this in Study Session . One was tha t for us to be able to manag e th is, we felt like we need ed a separate permit for each property, because there was concern that owners and tenants should have someth ing to say about whet her someth ing was don e in front of thei r business . And so , we broke . '•.i s down into a per property basis , not per ite m basis . So , if you were pulling tables out in front of your restaurant for instance . it doesn 't matter if ; " are putt ing two tab les or seven tables . other than you have to have a rail if you have more than two tables . .:·\ v ne permit would cover that and so there would be an application fee and a S50 .00 annual fee for that us e. 1, ·" 'ssue that came up 10n ighl was hav ing lo do with where the BID is going to put th ings up and down Broadwa: •l'y conce rn ... it is your decision ... but my concern will still to be that owners should have so me say as 10 whether or no t that those th ings go in front of their businesses . I talked to the City Attorney today and we talked about the regulat io ns and we have the $5 ,000 .00 bond Iha! was requ ire d. We agreed tod ay that if the BID were pull ing a number of permits for a number of different locations, that we would be satisfied with one bond lo cover all th ose locat io ns al one lime. We don 't need ii for their purposes , an ind ividua l bond for property . The only thing is , what they are talking about doing , for th e most part , isn 't do ing an ything permanent lo the right-of-way, so there is less con cern that we would have to come back later and do repairs or replace concre te or whatever. We talked loday ... if somebody is just putting two tables in front of the ir business , we don 't need a bond for that. because th ey are not putting rails in the sidewalk and we don 't have pe rmanent things that we need lo deal with al a later dale . Bui as you recall , when we talked about th is al the Study Sess ion , I fell that the lower fee wo uld encourage folks to do thes e th ings and if that is what Counc il is try ing to accomplish ... ii is your call. II doesn 't matter lo me . Fee wise , if you look al all the activity that we are probably going lo ha ve, ii is not, in the big • scheme of th ings , a lot of money ei th er way ... to th e City . Council Mem ber Jefferson sa id thank you for that information . That clears up a lo t on some of those concerns . I th ink when we tal ke d about th is in th e Study Session , I guess I was diff erent,at,n g in my mind the differen ce • Englewood City Council August 18 , 2008 Page 5 between a pr ivate busin,,ss owner do ing th is and the BID doin g th is. And so , I have no problem with th e priva te bus iness owner pay ing some of these fees , but I th ink the BID is try ing to do som eth ing to help the City and we shouldn't be ask ing for additional fees for every item . I don 't know how everybody feels about. Courcil Member Wil son said I feel lik e you do ... that they are spending a lot of money and they have work ed with Community Developme nt, so it is not like that they are just out there de ciding what the y are going to do . They have had a lo t of communication with Community Deve lopment , they are working with the same architect who is doing the paseo , so they are really trying to do the lhlngs according to what the City des ires . And I know It has cost them thousands of dollars , so I feel that, what Rick has suggested ... a $50 .00 permit fee for all of It and the $5 ,000 .00 bond is sufficient...the one time . Council Member Mccaslin said that is great . And I don 't know where we got that $50 .00 on each item , becau se that is the first lime I had ever heard it. I lho ught it was $50 .00 for initial and then $50 .00 for renewal. It was no $50 .00 per item . Council Member Jefferson sa id ho wever, for private businesses , putt ing in a rail lik e we were talking about , it would be $50 .00 annual. So , that is why I th ink we kind of got confused , that we kind of co-mingled these two issues , but came up with one standard for both . Mr. Mccaslin said okay . Mayor Woodward said so am I correct then in thinking that if the BID were to come forward with an application showing Broadway and showing the areas where they are looking at pulling planters , bike racks and seating as examples , not personal seating for separate restaurants or something ... that, that particular application would be $50 .00? City Attorney Brotzman said if I could correct one thing . You can change the fee , you do not have the ordinance • before you ... it has passed . You expedited the ordinance . It says that each property where one of these is going to be , will be a separate application , so you can waive fees, ~ou ca n charge $50 .00 , you can charge nothing if you want to, but each property owner is st ill going to sign off on the BID plan if something is going to be in front of their business . So , you can change the money around , but each property owner will still have to do an appl icat ion , so that they have a say so about what is in front of the ir business . Council Member Mccaslin sa id right, but it is still $50 .00 per ... that :s not from the BID , is that correct? That is ... if I owned the coffee shop , it is $50 .00 for me , the BID has nothing to do with it, do they ? Mr . Brotzman said correct. Mr. Mccasli n said okay , I'm trying to understand . City Attorney Brotzman said but if the BID proposes a flower pot in front of your bus :· ,;, your busi ness would si gn off on that flower pot , not the BID , but the busi nes s would sig n off, because th ey ,na y not want that in front of their busin ess, so you are having th em sign off. So , Mayo r Woodward sa id, they could present a plan and on that plan everybody can sign off on where these particular piece s of furniture items will be plac ed. Mr. Brotzman said sure . Counci l Member Jefferson said and th ey could all be done with one sing le $50 .00 application fee .. is that what you are say ing? Mayor Woodward said yes , that is what I am tryi ng to say , Council Member Wilson said I know th ey have a plan and they ha ve drawings and diagrams th at lhe architects have done , showing where everythi ng would be ... th at shouldn't be an is sue . Mayor Woodward said I th ink it is just a matter of ha vi ng those ... if you had mentioned owners, , think it is not owners , but the users or tenants signing off on that. City Attorney Brotzman said .,ght. Counc il Member Moore sa id so we would have to distingu ish again , as Dan po inted out , that the perm it is with • I,. ,s9 ind ividual propert ies ... right? They will still need to stay that way , so what we are really envision ing is th e Bl, has a way of doing kind or a collective , joint application , but at the same time , we are not look ing to wrap in restaurants with it either . So , somehow we just have to craft this as still an ind ivi dual perm it. There is one fee for the mass filing , so to speak , but it is limited to , obviously , what the BID in tends for it to be limited to ... the Englewood City Council August 18 , 2008 Page 6 general beautification issues , not the individua l business issues , such as seating in a restaurant . I am certainly comfortable with that , as long as we can , as Dan pointed out , fit under the existing resolution , just handle it through our fee structure ... as long as Rick feels he can execute it as well . Director Kahm said I am comfortable wi th it. You know , I think , based on our earlier discussions , that this way folks have a say as to what goes in front of their property . The second thing is I would like to keep the permits and the ord inance separate, from our standpoint , because it doesn 't matter who comes in for the permit , we have to go out and measure and make sure that we comply with ADA requirements . So , we have to look at every one of them and review them . That is important to us , administratively , to keep track of them and to ha ve a fee structure ... and I don 't know if you can do this ... where it is acceptable for the BID to pay one fee for one application , which would include all the permits that are associated with that application . Counc il Member Jefferson said that sounds like a reasonable solution . Mr . Kahm said we can sure handle that... that is easy . Council Member Mccaslin said can I ask something? If I owned a business up south and I'm not part of the DI D and I want to do the same thing , am I going to be under the sa me structure or how will that work? If I have n property up on Belleview and Broadway and I'm not in the BID , can I still do the same thing that we are proposing tonight? City Attorney Brotzman said yes , if you file for a permit. Mr. Kahm said absolutely for street furniture . Mr . Mccaslin said okay . Mr . Kahm said sure , it just wouldn't be part of a larger picture like with the BID . At some point , Broadway may expand out all the way from Yale to Belleview to do this . So , Council Member Jefferson said , if you wanted a planter , then you are paying the $50 .00, plus the $50 .00 annually . Mr. Mccaslin said you are paying $100 .00 . But , Mr . Jefferson said, the BID gets an exception to be able to do it on a one time, accumulative basis . Mayor Woodward said so Dan , is there anything tha t we need to do? I don't see anything on th is docu ment...but going back to the ordinance ... do we need to approve an amendment to clarify this ? City P.~~•ney B;ot.zman said the answer is, the ordinance is fine , the actual fees are fine . We will handle it administrntivciiy . fll~ayo r Woodward sa id okay . Council Member Oakley said the beautiful part about this is when you gel seven people thinking different ways , each one of us comes up with something we aren 't sure of. When we were talking about this originally , I was envisioning one business , a few tables , whatever and I never ever thought it would pertain to something like the BID is proposing . But as we go on to these other things and talking about each individual property owner taking out a perm it for a flower pot, that is fine, but what if he takes out a perm it for someth ing we don't want him putting out there? Where are the regulations on what he can put there ? Council Member Wilson said I think they have to bring forward plans and have Commun ity Development approve them . City Attorney Brotzman said th ey still have to apply with the Public Works , Community Development plans for this project. Now , in this particu lar case , the BID has already met with staff . They have already got the ir plan approved ... so they have met lhe standards . Mr. Oakley said I am not trying to interfere with the Bl D's proposal at all ... I'm 100 percent for it . I just had that question . Mayor Woodward said I think the ordinance provided for , so to speak , line item veto of certain items ... like any plan that were to come to tl,e Build ing Department or something like that. Council Member Jefferson said so on a case by case bas is, it could be rejected for any reason ? Mr . Brotzman said right , if you had a barbed wire bike ra ck ... that would probably be rejected . Mr. Jefferson sa id but that would be in vio lation of the Code or whatever . Mr. Brotzman sa id it would be in violation of the Community • • Developm ent and Public Works standards that yo u sa w at the last Study Sess io n. Mr . Jefferson said what if you • meet all the standards and somebody on th e City staff still decides we don't want it tho l e? Can you reject a lice nse based on that ? Council Member Wilson said I think we ha ve something in there , that ,i can be revo ked at an y time. • Englewood City Council August 18 , 2008 Page 7 City Altorney Brolzman said it can be revoked at any time . Mr . Jefferson said for any rea son ? Mr. Brolzman said right , yet . Mr . Jefferson sa id okay , just checking . Mayor Woodwara asked if there were any other question s for Rick . Council Member Moore said just a comment. I like the idea that there is a single appl icalion for the Bl D's efforts , so that we can max imize the efficie ncy of staff time . Dur staff isn 't hav ing to review the plan one plan at a lime , but lhe permit covers what's la id out, if there are subsequent amendments , those are additional applicat ions , because they are going to require staff to revisit the application . To Just enco urage the effic iency of staff time , I hope that is how it plays out...that here is ou r kind of 2008-2 009 ma ~ter pla,· dnd maybe there are tweaks next year or something . But I think the nom inal fee is helpful to reinforce that pro ces s ... figure out what you want to do , bring it in, staff gets to look at the whole corridor at one shot. I think that makes sense and will be more efficient. Council Member Jefferson said but I th ink what I neard Rick say was he still has to get out there and loo k at each individua l planter . Director Kahm said absolutely . In this case , the Bid has met with us and we looked al their plan conceptually , but to go out and look at each location and make sure that we've got adequate walkway . And then of course , the assurance that the owners are aware of the plans ... because we have folks on Broadway that weren't happy because a tree was planted in the Broadway Project in front of their business . This gives those people the opportun ity to participate and we have to go through that process . Council Member Wi ls on said as I understand it, the BID was go ing to talk to every property owner about which • bike racks or planters were going to be placed ln front of their businesses , to get their consent. But I do agree with John that you need ... I mean if they bring in the whole plan for that entire South Broadway area ... from Yale to 285 ... that each individual owner should not have to fill out a perm it...just one for the BID . Mayor Woodward said one for the Bid and signing off by the building occupant. Ms . Wilson said right. Director Kahm said if I could . From our administrative standpo int , what I woul1 like to do is the BID can get with all the owners and fill out the applications for their permits and then ju ··• • abmit that as one application that would cross reference those locations . Council Member Oakley said I can't see the BID try ing to force som .,th lng on someone ... they~ 'W how th ey would feel , so I think that would work out. Ma yor Woodward said I think so too . And as John put it , if th is was a 2008-2009 plan , yo u cou ld subm it a plan , like we did during the construction phase ... Phase I, Phase 2, Phase 3 ... which co uld be al differer.: times , so you 're able to fund ii at different times , if need be . Council Member Wilson said I am confused though . Is each individual occupanl going to have to fill out an application ? Council Mem be r Jefferson said no , but they will sign off on allowing a planter or wha tever. Ms . Wilson said okay , so they won 't have 50 app lica tions . Mr. Jefferson sa !d no , but there will be 50 signatures on the application . Ms . Wil son said ok . Director Kahm said we just need to keep track ... long term . Counci l Member Jefferson said there are 50 individual property owners who are involved . Ms . Wilson sa id okay . Direc tor Kahm said we just need to be able to track them long term as to how those th ings got there and who is responsible for them in those locations . Council Member Wilsc n said I appreciate the BID doing th is. It is going to look great. • Mayor Woodward asked if there was any further discussion or any othe r ques tions for Rick . Th ere was none . Ma yor Woodward said thank you Rick . Other Council members thanked Ric~ also . Englewood City Council August 18, 2008 Page 8 Counc il Member Jefferson asked if the changes would be made adm inistratively . Mayor Woodward said admin istratively ... correct. COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE CONSENT AGENDA ITEM 9 (c) (I) -RESOLUTION NO. 69, SERIES OF 2008 . RESOLUTION NO . 69 , SERIES OF 2008 A RESOLUTION ESTABLISHING PERMIT FEES FOR TEMPORARY OCCUPANCY OF PUBLIC RIGHT-OF- WAY FOR THE CITY OF ENGLEWOOD, COLORADO . Mayor Woodward asked if there was any further disc•Jssion . There was none. Vote results : Motion carried . Ayes : Council Members Penn , Mccaslin, Moore , Woodward , Jefferson , Wilson , Oakley Nays : None 10. Public Hearing Items No ,ublic hearing was scheduled before Council. 11. Ordinances, Re ■olutlon and Motions (a) Approval of Ordinances on First Reading (i) Senior Planner Langon presented a recommendation from the Community Development Department to adopt a bill for an ordinance amending the Unified Development Code relating to boarding or room ing houses and to set a Public Hearing on September 2, 2008 to consider testimony on the proposed amendments . She said for your consideration is Council Bill No . 38 ... amendments to Title 16, the Unified Development Code of the EMC, pertaining to boarding or rooming houses. The proposed amendments , first, reestablish a definition for boarding or rooming house that had been omitted from the UDC when it was adopted in 2004 . It reclassify's boarding or room ing house as a use type under the residential use category , rather than under the group living facility category . They identify wh ich zone districts the boarding and rooming house uses are allowed or permitted . They establish the use specific standards that are in the proposed amendments and establish a rev iew procedure for the boarding and room ing house use through the conditional use perm it process . These proposals came as a result of identification of UDC deficiencies ... first ,that the boarding and rooming house defin ition had been om itted from the 2004 update and second , that the boarding and rooming house had been somewhat misclassified as a group living facility , rather than a residential use . The Plann ing Comm iss ion reviewed this material at a Study ~assion on July 8'" and conducted a Publ ic Hearing on July 22 '" and voted 5 to 3 to forward the proposed amendments to Council with two additional provis ions and those are highlighted in Council Bill 38 in your packet and they are in bold text... they are on pages 11 and 9. First that they have added that the ma xi mum number of boarders per boarding house would be 4 and that wou ld be added to the use specific standards and second to exclude the grandfathering of boarding and room ing houses in the R-1 -A, R-1-B and the R-1-C zone districts . If you have any quest ions , I would be happy to address them . Mayor Woodward sa id I just want to clarify one item regarding park ing . There is one space for each guest bed in addition to the one un it dwelling re~u irement wh ich , above that , I read as one unit detached or attached • • dwelling two spaces per each dwelling unit , so that would be two spaces In add ition to the one for each bed , is • that right ? Ms . Langon said correct. Mr. Woodward sa id thank you. Mayo r Woodward asked if there were questions for Trici a at th is time . There were none . • Englewood City Council August 18 , :1 008 Page• COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE AGENDA ITEM 11 I•) (i). COUNCIL BILL NO. 38 AND TO SET A PUBLIC HEARING ON SEPTEMBER 2, 2008. COU NCIL BILL NO . 38 , INTRODU CED BY COUNCIL MEMBER WILSON A BIL L FOR AN ORDINANCE AMENDING TITLE 16 , CHAPTERS 5,6 AND 11 , OF THE ENGLEWOOD MUNICIPAL CO DE 2000 RELATING TO BOARDING OR ROOMING HOUSES IN THE CITY OF ENGLEWOOD , COLORADO . Mayor Woodward asked if lhere was any discuss ion . There was none . Vote results: Motion ca rried . Ayes : Council Members Penn . McC'aslin , Moore , Woodward , Jefferson , Wilson , Oakley Nays : None (ii) Senior Planner Langon presenled a reco mm endal ion from lhe Com mun ily Development Department lo adopt a bill for an ordinance approv ing housekeeping amendments lo lhe Uni "ed Development Code and to set a Publi c Hearing on Seplember 2, 2008 lo consider teslimony on the proposed amendments . She said we are referring to these as housekeep ing amendments for a total of 92 amendments proposed . The proposed amendments are being brought forward because the Zoning Code is nol a slalic documenl , ii change s and it should change to reflecl the age of the communily and also 10 rema in currenl wilh good planning prachce . The 92 proposed amendments are generally rather small amendme nls and are • grouped together , because as ind lvi dual amendments they are really not large enough or great enough to really requ ire a separate ord inance for each one. Included are 18 ... and this is if I have done my math correctly ... 18 amendments that deal with consistent language , that update the text to use the same lang,,age throughout the Code . An example of that is instead of saying "single unit", we are now us ing the term ·one unit" or instead of saying ·streel fronlage", we are us ing the universal lerm of "lol widlh ". The second lype of amendments , are clarification amendments . and there are 29 of those and they are to cla rify text or reduce confusion . An example of that is how we measure the distance belween group liv ing facilit ies ... thal wasn 't really stated and so we are just clarifying thal and bring ing that into consistency with other portions of the Code . Next there are 34 simplification amendments and those are to update lhe Code and make the Code eas ier to use or understand . One of thos e would be to delete the redundant process of the Overall Concept Plan . Next we have typo or correclions. we have 8 of lhose and those are usually smaller lhings , where the cross reference has been omitte d from a lable or capitalizalion of a lerm or somelh ing of thal nalure . And lhen we have 3 thal do nol really fall inlo any greal category , so we ler me d lhem 'olher' and lhat is lhe add ition of hookah lounge as a use and the corresponding definit ion . And then a zon ing enforcement procedl•re clause .,. that is for consisten cy with lhe EMC . If you have any quesl ions on any of lhe proposed amendments , I would be happy to address lhem . Mayor Woodward ask ed if there were any questions for Tri cia. There were none . COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 53 AND TO SET A PUBLIC HEARING ON SEPTEMBER 2, 2008 . COUNC IL BILL NO . 53 , INTRODUCED BY COUNCI L MEMBE R WILSON A BILL FOR AN ORDINANCE AMENDING TITLE 16, OF ·, HE ENGLEWOOD MUNICIP/._ CODE 2000 PERTAINING TO THE UNIFIED DEVELOPMENT CODE 2008 . • Mayor Woodward as ked if there was any discus sion ihere was non 11 . Vote results : Ayes : Coun ci l Memb ers Pen n, :v1 cCas lin, Moo re, Woodward , Jefferson, Englewood City Council August 18 , 2008 Page 10 Wilson , Oa kle y Nays: None Motion carried . Senior Planner Langon sa id than k you . Mayor Woodward sa id thank you Tric ia. (b) Approval of Ord inances on Second R au n There were no additional items submitted for approval on second reading . (See Agenda Item 9 -Consent Agenda .) (c) Resolutions and Motions There were no additional resolutions or motions submitted for ap proval. (See Agenda Item 9 -Consenl Agenda .) 12. General Dlr,cusslon (a) Mayor's Cho ice (i) Mayor Woodward said I would like to start by again expressing my appreciation to the • Boards and Comm is sions. We had the Boards and Commiss ion Appreciation Night last week , last Monday night at Pirate's Cove and a number of our members from the Boards and Comm issions were able to artend . Again , it's Important to have the citizen Input thal we have . I just want to acknowledge everything that they do. • (i i) Mayor Woodward said hop efully Council noticed I did add in something that I had researched in the past... it was a sample motel ord inance. It was from the Stockton Municipal Code that was put In our packet that I thought was some pretty good reading regarding motel use. (iii) Mayor Woodward said Rick ... I th ink I can address part of what you are talking about regard ing Belleview Park . The area In the back there , I bel ieve , is a nature area , a natural area . You should talk to Jerrell Black , and I would imagine Dave Lee with Parks and Recreation , to verify that. But I think that what you will find out is that , that is 3 nature area . As far as if there are tripping h~zards in the pathway or anything like that, that would certainly be a concern ... as well as li ghting or anythin~ like that. Anything that would be co nsidered a safety hazard . Mr. Gilli! (from the audience) asked who was he to talk to and Mayor Woodward told him Jerrell Bla ck. Director of Parks an d Recreation and Da ve Lee who is in charge of our Op en Space. (b) ouncll Members· Choic e (i) Counci l Member Penn : 1. He said thanks to Lila for coming in . Somelimes we do la ke on projects th at we don 't know what we are doing and she scrambled , but she did an exc~ •. .:,tjob . Hop efully , we will bring the softball tournament back lo Englewood again. 2. He said thanks to Pick and Ted for coming in and helping us get our streetscape thing taken care of. know they've been working on th is for a long tim e. 3. He said I had lunch wit h Jerrell last week and we had a lot of things to ta lk about reg arding communicat ions betwee n Englewood Public Schools and the City of Eng lewood . Council Member Penn sa id thos e were all good . positive th ing s, so thank you . • • Englewood City Council August 18 , 2008 Page 11 (ii) Council Member Mccaslin sa id we have a person here who's been ded icated to the City of t:nglewood for quite awhile . Not only to the Citi , but he 's also been dedicated lo his lifelong partner for over 50 years . Tom Monds is celebrating his so'" v•a<lding anniversary today . Several Council members offered the ir congratulalions. Mr. Mccaslin sa id I'd like to g'. ·c him a round of applause. There was applause . Mr . Mccaslin said I kind of gave him grief, hut I've been rnarried three times and I'll never beal his record , so I appreciate lhe longevity lh at he 's given !o the City and also to his wife. Council Member Penn said do yo u mind if I cut in? His wife is a saint. Council Mem ller Mccaslin respond ed well she has to be . I did n't want to mention that . There was la ugh te r. Mr. Mund s sa id I • ... ,11 ld e'I have put up with me lhis long . Mr. Pen n sa id good job, Tom . (iii) Council Member W1 ison sa id the only thing I have to say is that the BID has been working with Community Development and the Cullural Arts Committee , so it's been a real co llaboralive effort to im prove South Broadway. I'm glad that we were able to mo ve lhis forward . (iv) Council Member Jefferson: 1. He said I will also lhank Lila for the cool game ban . 2. He said to Rick and Ted , hopefully we got that mostly figured '.'JI :0 ti·.~'. sati sfaction , He said to the otter Rick here , we 'll certainly look in to that lrail ~;1uation . 4. He said also I wanle~ to f~ll ,1w up on st oring some of lhe informa,;·>n. I don't :.now if everybody had a chance to lake a look at the rerort that we got from Fran k, saying that the re was a very nominal fee associaled • with keeping these electronlc records long er. And so , I'd either like to moke a motio n now to cha nge that po licy if everybody is comfo1table with that or put it on the agenda fo r a future meeting , as I know that's sort of standard practice around here. Mayor Woodward said I th ink that is one of the rules ... that we don 't bring up • somethin g at the Council meeting ... Council Member Jefferson sa id sure, I th ink that is sort of the unwritten rule and I'll abide by th e! and go ahead and just as k for tha t...Mayor Woodward sa id we can put that on as an agenda item and we 'll talk about it at a Study Sessio n and bring it forward into a meeting . Council Member Jefferson said great. My thought is that we wou ld probably still want to cap it at some point, jusl so that there is some definitive area where it is okay to start releas ing those . My thought is two years . I don't know what everybody else's thought is . Council Member Moore said I just want to cl ari~/. Joe. are you comfortable that th e next step is a Study Session topic as opposed to a formal motion? Council Member Jefferson sa id if we think that's necessary. Council Member Moore replied I would prefer to disc uss it at Sludy Session. Council Member Jefferson said th at's fine . so let's go ahead and get that on the agenda for Study Sess ion . Council Member Moore said great. 5. He said and finally on the Boards and Commissions , I also wanted to throw out my than ks to all those folk s who volunteer. II was a good time over al Pira te 's Cove . My thought was, just generally, at the end , if we co uld gel some additional se ating . make it a little more comfortable , and maybe add a little food . My thought was it would be a much more pl ,,asant experience and maybe we 'd get a little more lurnout. Jusl a lhought. Council Member 11cCaslin said and yo u kn 0\l' ... I brought that up also a·, ?arks and RecreJtion . The speakers were up there with no m icrophone. Council Member Jefferson sa id it was kind of tough . Council Member Mccaslin sa id it was time to cut the cake and the kids were waiting for the ice cream . I th ink there 's a way we can ma ke it a little more co,wenient for the people . Council Member Jefferson sa id and I think if wh ile we 're talking . if everybody's got a little somelhin g to eat, I feel like that would show a li tt le more appreciation than just to kind of huddle in the corner. T hat's j ust my thought. Mayor Woodward sa id I just have one question , one add itional question . Gary. haw: you talked to , or has anybody lalked lo. the School Dis trict re gard ing having a joinl Cou nc il/Board meetin g? City Manager Sears responded I know tha t Sue mad e contact with Linda . I know we'v e raised that issue anc' there were several Englewood City Council August 18 , 2008 Page 12 dates that were talked about . but I can 't tell you tonight where that is. We can get that information to Council and next Monday night would be a good opportunity, perhaps, to final iz e the time to do that. Mayor Woodward sa id great. Thank yo u. 13. City Manager's Report City Manager Sears did not have any matters !o bri ng bebre Council. 14 . City Attorney's Report (a) City Attorney Brotzman said I wu l c. out thin week for my wife's birthday. We are going to New Me xico , so I will be back next Monday . 15. Adjournment The meeting adjourned at 8:38 p,m. • • •