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HomeMy WebLinkAbout2006-09-18 (Regular) Meeting Minutes• • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Se11lon September 18, 2006 1. Cell to Order The regular meeting of Iha Englewood City Council was called to order by Mayor Wolosyn at 7:37 p.m. 2. lnvr,:1tlon The Invocation was given by Council Member Barrentine . 3. Pledge of Atleglanee The Pledg e of Al loglance was lad by Mayor Wolosyn . 4. Roll Coll Present: Absent: A quorum was present. Also present: Counc il Members Tomasso, Moore, BarrenHn a, Oakley , Mccaslin , Woodward , Wolosyn None City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clark Bush Director Olson, Safety Serv ices Director Gryglewlcz , Finance and Adm ini strative Services Director Eaton , Human Resources Director Black , Parks and Recreation Director Kehm , Public Works Director Simpson , Community Development Englneering/Capttal Projects Adm inistrator Handerson, Public Works Commun ity Development Manager Stitt Police Commander Sanchez, Safety Services Fire Divi sion Operations Ch ief Pattarozzl, Safety Services Fire Battalion Chief Petau, Safety Services 5. Contlderatlon of Mlnutea of Prevloua Se11lon (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 5, 2006 . Mayor Wolosyn asked If lhera was any discussion . There was none . Vote r11ulta: • Ayes : Nays : Council Members Barrentine , McCasll a, Moore , Wolosyn , Woodward , Toonasso , Oakley None Motion carried. Englewood City Council September 18, 2008 Pege2 6. Recognition of Scheduled Public Comment (a) Kevin Dix on, an Englewood res ident, said Iha reason I am here Is because about a year and • half ago City Council changed a zoning law to allow on ly duplexes on a 80 foot frontage, and ebout 90% of the parcels in Englewood are 50 foot frontage , so II ellmlnated a lot of the redevelopment that was start ing to occur . I am specifically talking about north Englewood ... between Broa~way and Ela11 primarily , to Galapago and to Santa Fe . The ;,ew law stopped some of the redevelopment right In its tracks . There are a few projects that kepi go ing , becallse ii happened to be on 75 fool lots . But prior to that , there were starting to get some momentum lo redevelop this neighborhood , wh ich, frankly, has gotten a little rundown . Mosl of the projects that were done , were done by a man named Jim Wlshm\er and ha has done a good job . They are good look ing projects . I can give you the addresses al a later time, if you want to take a drive by and make sure that the quality Is acceptable. I have been investing In the neighborhood myself . I have a couple of rental homos and just as I was getting ready to submit some plans , the law was changed . So , ii changes the economic , when you cannot build a duplex anymore and all you c;;a build on your 50 fool lot is a single family home . You can't do ii anymore . Jim 's duplaxes ... some of the units have sold for $300 ,000 .00 a piece . So, In the previous model , he was gelling a total of $600 ,000 .00 for the development. Now he is forced to build single family homes ... he cannot gel S600,000 .00 for a single family home In this neigt 1borhood . The highest home In the entire ne ighborhood is about $260,000 .00 and his duplex units, gett ;ng $300,000 .00, were even higher than that but they are not out of the range of the neighborhood. So , economically, ii makes sense as a duplex ... single family home ... the model doesn 't work any more and you 're stuck with these older homes that are really getting obsolete. On some blocks, about 60% of the homes are st art in g to gel really run down . They may not ha ve a basement or a low he ight basement. Thal means you can 't fix this house up . You 've got to tear ii do wn and build something with an acceptable basement , because people in this area love the ir basements . So , this law really cul the legs right out from under Jim and some of us who were gett ing ready lo redevelop . To pass a law like th is , ii is almost like down-zoning . And down -zoning is a little bit like tak ing away some property rights , • because all of a sudden you don 't have the ability lo do with your property what you thought you could . It also appl ies to all of the homeowners that are just still living in the neighborhood in their single family home . Jim could afford lo pay S215 ,000 .00 to anybody with , let's say , a 75 foot lot and about t180,000 .00 to somebody with a 50 fool lot, If he could build a duplex on the 50 foot lot and a triplex on the 75 foot lot. But , under the new rules , he has determ ined that It Is about 30% less that he can afford lo pay them now. So , ii Is actually laking money out of the pockets of everybody in that neighborhood by do ing this . Now, poss ible suggeslions ... l understand that you have directed the Development staff to have some flex ibility in regard to redevelopment along Broadway and we are saying if we have a good looking proposal for a duplex 0,1 a 50 foot lot , I would ask for some flex ibility from the Planning and Development staff so that we can still builo duplexes ... especially close lo the new Bates Avenue Station, on the west side of Broadway . II is going lo be such a nice walkable neighborhood . A little more dens ity Is welcome and there will just be a few more people in the neighborhood mak ing ii livelier ... going lo bus inesses on Broadway as well as the proposed businesses on Bales . Thanks a lot. 7. Recognition of Unscheduled Public Comment (a) Doug las Garrett , an Englewood res ident, said I am here ma inly to introduce Mr . Loss . We have ta lked over the last year and a half about the Golf Course Development that Is going to take place across the street. As we get closer to the time that hopefL "~ that will happen, we thought it wou ld be worthwhile for Council to hear from the developer . Miller Weinga rten Realty Is going lo be represented tonight by John Loss , Executive Vice-President. John has been the principal , If not sometimes the only , negotiator from Miller Weingarten over the last eighteen months . So , he Is here to give us a br ief update on what Is going on . Thank you . (b) John Loss said I appreciate this opportunity, Like Doug said, I know with all the lime and hard work that has gone on by the Council members , their staff, and consultants, that you are all very well Informed • and conversant about th is project, but I thought II might be worthwhile to get the most current update and have it be from the developers perspective . We have been work ing on this project for about three years and I remember three years ago, right when we were selected to do the project , the most common question was : wilh • • • Englewood City Council September 18, 2008 P1ge3 all the complexities that are Involved In th is, Is th is proj ,!CI really go ing to happen? Over the last two years , I th ink the question has really been the same ... all the com piex llles, Is It going to happen? Our answer has been for the last two yeers, we are mak ing good progress , tho·e are still a lot of things that have to happen , but we ere very opllmlsllc and we do think It will e· ·entu elly occur , Now we are literally, I th ink , on the eve of someth ing really happen ing here and the answer that , giva when the same question Is put forth ... Is It going ,~ happen ? My answer is ... ell the pieces ere now put togeth er, or closs to being put together, and we Intend to close and move forward on the project In September or Octvb~r. I've ment ioned that there are a number of comp lexit ies on th is project that aren 't typ ical In most devel cp rr,e nl n,ojects tnat we get Involved In. I th ink you folks are aware of most of them . Clearly , Ih a diverse owne rs hip of the property ... there are over 25 different owners in lhe approximately 125 acres that th is project will encompass . We are now In a position where we believe we have the requis ite control and ab ili ty to acqu ire those propert ies . The env ironmen tal situation here Is, aga in, one where I th ink most people are aware of. It is being built on two old landfills and there are sign ificant env ironmental concerns and hazards that go along wi th that cond ition . The process of deal ing with that has been a complicated one dealing with the Slate of Colorado , fr e Count y ... Engl ~wood has been very in volved , so has Sheridan ... bas ically we are going to take care of this part of the pr,,j~ ·-•lilh o ·,,,1untary ci aan-up plan ... a VCUP ... and that document is in place and we think we have the reso 1Jrc,, •m1 •:)Ill ,., to perfect that part of the project. Make no mistake , having a situat ion where you are needing lo c,,,, .. :o ,·.nolier munic lpallty ... Englewood ... a,d ask them to cons ide r & situation where tt••! ulil•.~t ion of 50 acres of the ir property, is another compli cation that you don 't norma ll y fit Into . I feel like w•, are very, very close to be ing able to say th at, that part of the pu:zle has been completed . We are down to ju :;t a few deta il s that I think are very manageable . We had hoped le start hv the end of Sep tember . We are goin~ to possibly -n ake it , but there is some chance that ii will slip into u"iober . We absolutely know that there is no exception to our comm itment that the Cou rse has to be open by Memorial Day of 2008 . And work ing with the City staff, we are definitel y go ing lo make that happ en. Bond financ ing is ano ther un ique comple xity to th is pro1ect , because of the mass ive amounts of prem ium costs Involved in acqu iring the property and cleaning ii up. This project needs a very sign ificant publi c subsidy, which will be done in the form of the issuance of tax increment fi nancing bonds . And aga in, that is another complex ity that we feel is now very much in place . Our company spent a significant amount of money on th is project. It is going to go forward . We very much apprec iate the hard work and efforts of the City . We worked very closely on this . We jus t can't help but think this is going lo end up be ing a win /win/win proposition for Engle wood , Sheridan and for us as the developer . I would Il ka to be able to , if you so des ire, to answer any other questions you might ha ve. Mayor Woiosyn said thank you John . Although we don 't usually conduct a quest ion and answer forum at th is point in the meeting , I thought that ton ighl, si nce John Is here , we could take a few minutes if we have ques ti ons that are re latively brie f and if we have more complex questions , we can pose those through staff. But to be respectful of his lime , I would like to give him th e opportunity lo address any issues that we may have . And also ... let us be mindful that we have quite a few citizens here to talk ton igh t. So with that said, we will op en the floor to Counc il. Counc il Member Barrentine sa id I didn 't know that you were com ing and I would have appreciated receivi ng some Information , so that we could ha ve been prepared . That would have •een more useful fo• rn e. I do apprec iate the updalP . Usually , we wouldn 't do this at a public meeting will , a five minute lim :'.. Mr. Loss sa id If you think of something afterwards, I will be glad to talk to you . Ms . Barrentine sa id maybe we could schedule it for a Study ~ Jss ion , if you would be will ing to do that if we had other questions . Mr . Loss said I would be glad to do ii . Mayor Wolosyn asked If there was anything else . Council Member Woodward sa id Mr. Loss, could you address or tell us where you are wilt-your leases with ... from what I understand ... Costco , J.C. Penney , Target , the thaate rs? Mr . Loss sa id yes, all four of tho se are ones that are quite far advanced . They are conditions precadent to clos ing on the bonds and each one of those ... in add ition to the specir.c lease form , or In the case of the purchase and sale agree ment...because of couple of ther.e entitles are purchas ing property ... ln all of those instances , they will be gove rned by what is called an OEA .... an Operat ing and Easement Agreement , wh ich Is a governing document tha t ties the ent ire Englewood City Council September 18, 2008 Pege4 shopping center together, and that contract Is being nego•, ,;ied and agreed to among all the parties at the same time as these lease or purchase contracts are moving fO,\\Wd. Mr . Woodward said you feel that, that Is going very pos ,tlvely fo rw ard . Mr. Loss said I do . Mr . Woodward said great. Mayor Wolosyn asked If there was anyth ing else . Mayor Wolosyn said I would like to thank you and I would al &:; like to add that I have been out of town for the last four days . I got back In at 4 p.m. and I think you guy• came up with this on Friday morning and I wasn 't around to address this as an Agenda item, so I appreciate your com ing and apologize for any inconve nience of Council. Thank you . (c) Gary Tisch sa id my ma in business Is commercial real-estate . I have properties In Den ver and Lakewood , but mainly on South Broadway . I also own the Liquor Barn on South Broadway . My concern here tonight is what happened al the liquor hearing on September 6~. I just want lo get one thinJ ou, in the open . Everybody understands why I don't want A liquor store two blocks down the street from mine , I'm not herb lo talk about that. However, what happened al that hearing was not right either . There are a rui,;i,er of points that I want to make . One was that apparently the decision to grant this liquor license was weigh 1ed primarily on the petitions and, according to my attorney, a liquor license is supposed to b,, granted on need•; and desires . The petitions showed the n~ed, they don 't show a desire . Sixty people who w,ire here that n;ght expressed their desire . Now you have a Chairman named Ron Lunders ... that time after time, when people came up and talked , they were shut down . They were shut down for things like ... when there was a woman , I don 't know her name , but she owns a house right behind th is proposed liquor store , she says I oan't want a liquor store there , because lhere are schools . And Lunders s~ut her down , because he says that according to Statute this school is outside this 500 foot statute area ... this liquor store can be there . Hl•: desires have not 11ing to do with the Statutes . Her desire is not to put a liquor store in there . And , many people were shut down based on this, which is not fair . All these sixty people came in and the : described whatever their own reasons were for not pulling In this liquor store . All of those have desires. There are also eleven liquor stores within this immediate area ... five of them were in close . I would also po int out that these liquor stores ... they are a litlle bit more sensitive than some busines se s In the sense thot you can group certain business togelher ... like restaurants . You can put twelve different restaurants toget:ier and you create a need or people come to one area for restauranls ... ,t beco,nes an area where they can go to . Liquor stores ... if you put twelve liquor stores together, they are going to die . You can 't put that many liquor stores together. So , you know , these people who own these liquor stores, they h&ve had them for decades . Some people have had them for a long time. They pay a lot of taxes . Thay have paid a lot of taxes to the City for a long time . And , the y are people just like you and me . They have mortgages to pay and children lo feed . And when you start packing in all these liquor stores , they can't survive . Now my point here this evening, is that I, time and time again , saw Ron Lunders , the Chairman, who has been there now for 15 years, shut people down when he had no bu ciness, in my opinion , shutling them down for their desires . Al the end, there were two people that said they wanted this liquor store and about sixty that said they didn 't.. .and they weren't even considered . So the way I understand this Is this Liquor Board Is appointed by the City Council and their actions are reflections on you. Now if all these people are shut down, why would they want to come to your meetings . I don 't understand . What I also brought with me ton ight was ... I had this pulled from the City records , Ron Lunders voting record for the last 15 years on liquor stores ... on ten liquor stores he voled lo put nine of them in. I think he has his own agenda . I made some copies . I don 't know if you want lo take a look al them . Mayor Wolosyn said just ,eave them with the Clerk and she will get them lo us . Mr . Tisch said I'm requesting that you have somebody , es a Chairman, that Is not so one-sided . I think Ron Lund •rs has hi s own agenda . There were a lot of people here that night and lh~y were not listened lo and this Is not the first lime . Thal record that I just tumeo in over there , you should lake a close look at ii. Al least put someone In here that listens lo the people He has been there for 15 years ... maybe ii Is long enough . Thanks . (d) Jon Liberman, an Englewood res ident, said I wrote the letter that should be cc'd lo you all regarding the liquor hearing last week. Mayor Wolosyn said we received It. Mr . Liberman said I just request that the Cou1,cll please consider my points , particularly the Board's total disregard for the testimony of tha people who were here . As Gary said , there were 50 or 60 people against ii and maybe 2 people for It. Also, I • • • • • Englewood City Council September 18, 2008 Page 5 don't believe that we really need two liquor stores that close to one another offering exactly the same product. It gives a seedy image of Englewood end II limits our commercial divers ity. That Is ell I have to say. Thank you for hearing me . Mayor Wolosyn sa id thank you for coming . (e) Ire Wier, an Englewood resident, said I have been a resident of this town for t ,8 years . I've talked to a lot of people end we had a lot of people come and there Isn't any way people know that there is even going to be a hearing . They posted a little bitty note in front of that store , where they want that liquor store, and the only reason we ever found out Is the Liquor 8am had a survey . They come around ... lt was a lady , she did a good job . She didn't say for ... she said , we are taking a survey and we want to know If you are for or against It and you signed your name and you put de'Nn whether you are for or against it. And when we had the hearing , she had more peop lo apainst ii than for it. Then the guy that wes proposing to have the liquor store there, they had a person go around doing a survey and they had more people for II than against it . I had one of my neighbors tell me he came to his door and asked him if he was for or against it. He sa id against it so he didn 't even write down his name . I met these people In the str •el , across the street from my house , and they asked me if I was for or aga inst it and I sa id no , I am aga inst It. I don't like liquor stores and I am against it and I don 't think there should be two liquor stores that close, and for lots of reasons . First of all, there is a school that is too close for the liquor store to be there . And second of all, there is a traffic problem there ... there is 7-Eleven , there will be people driving through 7-Eleve,,. and everyth ing else, going to that liquor store . II Is just a traffic problem . There are sixty people here to the liquor meeting ... they all said that they were against having a liquor store there . So, the people on the Board listening to the licens ing, they listened to us and everything else, but I am pretty sure ... l feel that they had their mind made up before we even got here . Th ey let us come in and talk, then they came out and they said we are going back and talk it over ... they came back and talked it over and three of them voted for it and the one that was the l~st one to vote for was the one that was over , handling it. I don 't know his name ... he was the one that has been there the longest. And one person on there that voted to go ahead and have it was a brand new person and I feel that he influenced them . I asked them how they knew that the school was further than 500 feet away and they said well , somebody measured it. And I said I wanted to ask them wh o, but I didn 't get to ask them who measured it or how they measu red it. I went to a guy lhJI works for a survey company and he did it by satellite . And after they told us that they approved it , he come out and told me ... he said ii is 581 feet from the school. Okay , I wanted to find out how they come up with that 581 feet. And another point I want to bring up, when you measure something, you measure it from one po int to the other po int. If you measure a board, you measure from one end to the other end ... if you measure a room , from one end to the other end . And if you had a restrain ing order aga inst somebody for 500 feet, if they come within 500 feet of you, they are breaking the law. And this school is like a reverse restraining order . The liquor store can't be within 500 feet of the school an d I have papers sh~·Ni,1g a satellite that ii is 453 feet from the corner of the liquor store to the corner of the school. And the way they did it, they went down Broadway , across Tufts and up to that corner . You don 't measure things from going way out of the way to get the re ... it is a line of slghl...500 feet. And it is less than 500 feet and I have satellite pictures to show you . Mayor Wok•syn said If you give those to the Clerk she can make copies of them for us . Mr . Wier said I have copies . He sa id I feel that the Liquor Board didn't even consider what we were saying . They don 't pay any attention to the people . They ... the government, is supposed to be for the people, by the people ... they are supposed to listen to us, but right now I feel that It is for the rich, by the rich . Mayor Wolosyn said thank you very much. Thanks for bringing the materials . (f) Ellen Roebuck-Cole , an Engl ewood resident , said I am unprepared . I did not realize that ii was going to be a presentation situation . I am opposed to the additional liquor license and II is primarily for all the reasons you are going to hear from everybody else tonight, so I am not go ing to duplicate that. What I do want you to know , Is that I am a sales rep and I am out of lo\\'n 60 % of the time and I have taken two nights In the last 30 days to be here to voice my opinion on this particu lar issue . That is how Important it is to me. That's it. • Mayor Wolosyn said thank you very much. Englewood Clt"i Council September 18, 2008 Pag a 8 (g) Brad Cole , an Englewood res ident , sa id I didn 't know I had to present tonight either. I am to support Iha vie w aga inst getting another liquor license lsaued . I was al that meeting and qu ite frankly II was unbelievable . There were so many people In support of not granting another liquor license and only a couple of people for the liquor license . We were just blown off. When I got home , I was beside myself . My Interests weren't represented . I wasn't listened to . I was ready to sell my house In Englewood and leave but , you know, I'm not going to do thal...l can 't. The guy didn't listen and he shut us down . Sorry, I'm a little keyed up . Than k you . Mayor Wo losyn said thank you . (h) Paul Hendr icks , an Englewood resident , said I'v e had a few days to th ink about th is. I di dn 't allend that meet lng ... lhal doesn't surprise me ... thal kind of stuff goes on In Washington all the lime where the minority gets squashed . Well, this Is squas hing the major ity , wow . I an alyze II th is way ... l will use a metaphor that everybody here knows well. The film ... ll's a Wonderful Life ... you got the character that Lionel Barrymore plays wanting to develop a city a certa in way acco rding to his venal interests . Thal means ii was for money ... he was In it for the money. And you only ha ve lo say , Jimmy Stewart , and you know what direction he wanted to lake the town and you've got a choice , and you can affect the way things go . We can fill Broadway from Denver to Littleton with liq,or stores for purely venal reasons that have noth ing to do with the quality of life of the citizens , that has nothing lo do with the will of Iha people . I think you ought lo overturn that Liquor Board license if you have the power to do 'I. Oh , and that is all I have to say and If you want anymore out of me you will ha ve lo torture me . There was laughter . Mayor Wolosyn sa id thank you Paul. • (i) Linda Hendricks , an Englewood res ident , sa id I don 't have very much to say, because pretty much all of II has been said . I Just would like to go on the record as being against the granting of the liquor • licen se. We don 't need another one that close to the Liquor Barn , the seed iness ... like was mentioned ... along Broadway and ii be ing too close to the school ... quality of life ... all of those are the ingred ients as to why I am aga inst ii. U) Ann elle Story, an Englewood res ident, sa id I have lived in Engle,,,ood all my life . I am also opposed to th is ne w liquor store . We've got problems with those two hotels that are un Broadway there . There is crack be ing smoked in the alley back there and I Just think th is would allra cl more of th e same sort of seed y people . I also heard about the meeting where everyone was dism issed and nobody seem ed to ca re about our op inions . And one of the things that was asked was ... do you shop the liquor store ? And when a person said yes they did, well that was the end of it...they had no op inion before the Board . So , I jus t v. ,ted lo also say that ! am opposed to Ih a Equor slure and hope that you will overturn the decis ion . Than ks (k) Norma W,er , an Englewood resident, said I'm a lifetime resident of Englewood . I am also opposed lo the liquor slom going In there and I was al the meeting . But, what I wanted to suggest was II Is kind of iron ic that we have to put up a huge sign on someone's property lo have ... ma~be a garage made larger or a fence put up , but we have a little tiny sign in the window which nobody could even see from the street. We ha ve our Englewood Citizen newsletter that goes out and I noticed that you did put the budget mee ti ng in there . I would like lo suggest that all scheduled meetings are put In th is Englewood Citi zen. We used lo have the Englewood Herald ... you know all of our meetings and thlnbs were in there . II was our Englewood paper , and since we don't ha ve tha t, I would li ke to see the Ci tizen used so that the people are informed on what Is going on . Thank you . Mayor Wolosyn said thank you ... lhe Herald still eKlsts, the Herald Is still a publication In Englewood. Ms . Wier sa id II is? Ms . Wolosyn sa id yes . (I) James Beadling , an Englewood res ident , sa id the reason I am here ton ight Is ju sl...l th ink you • need lo listen to the people of the City . We don 't need another liquor store, especially around kids . Kids don 't know 500 feet. All they know Is they walk home and they are going lo pass another liquor store . I don't think we need It. I really don't. I th ink the biggest th ing Is lhel you need lo listen lo the people uf Iha City . Thank you . • • • Engl1wood City Council S1pt1mber 18, 2006 P1g17 Mayor Wolosyn said thank you . (m) Dan Duncan , an Englewood resident , said I have lived here about six months and I am very impressed, ii Is a beautiful town . I th ink that the people are very fr iendly . But , I couldn't help notice In :;eU?ng to know the area, that the hotels and some of the other areas along that same •tretch, see m to be infiltrb ed with less than probably Ideal people wandering around . And I just think that if thet liquor store were to be put In, it is going to be another situation for those people to wander inlo and creale additional clutter and possibly have additional crime In that area . So , I just wanted to say that I am opposed to the liquor store . Thank you . Mayor Wolosyn said thank you . (n) Jennifer McKee , an Englewood resident , sa id I am also ve :; 0,0,,.,,1 ,o tr,is liquor license that was approved . And I did not know about the September 6th meeting otherwise I wm 'a have been here for tha t. I did happen to see the sign in the former Blockbuster bu il ding . I had no clue what that was for. I thought it would be for a permit to do some construction or bulld in g ... not to request a liquor license . I am also very concerned about this section of Broadway and what's becoming of it. You know there has been such an emphasis to improve Broadway, north of Hampden and the results have been wonderful. I have the feeling and 1 sense that other peopl e in this group do too , that the south corr idor is ju,t go ing in the opposite direction . I would Imagine that we would like to make Englewood a place where peop le say ... we 've got great schools, we've got a great City Council , and we 've got povple who are involved. I've talked to so many people , as my son has entered kindergarten at Cherrelyn , who have told me ... l grew up in Englewood and I want my kids to live in Englewood , but if these kinds of bus inesses Infiltrate that southern corridor , you are going to have the opposite effect. And there will be an exodus and people are go ing to say , I don 't want to live in En gl~wood . It is muck on the bottom of my shoes as I pass through to Littleton or Centennial or some place else. I see Englewood as this wonderful neighborhood ... with an old town feel to it...surrounded by a natural area . I have been getting that sense of small town feel, but we don't need this . And I think you do need to listen to the people . I th ink you've got to say ... we can 't just approve whatever businesses, because as other people have said , that thare is money exchanging hands . There has got to be an attraction of other kinds of businesses to this area other than rundown motels, head shops ... you know a great fishing tackle place that now has a head shop. That is what I want my son to go to when he Is in junior high , right? I don't . I would like the Council to really regard what everybody has sa id thus far and last week and do something to say that we are listening to you as neighbors . We do have desires and needs and we are paying our taxes and we want to make sure that the businesses that come into Engle.vood are going to contribute to the community . That are going to contribute to the people who live here . I've lived in my home ... l never thought I would live there for this long ... l'm coming up on 15 years , and I am the second owner of my home . That says something about Englewood . There is a person who lives just behind me , one hoose over , he is the lifelong owner of tha t home . The person who lives around the corner grew up in Englewood and this is maybe his third home in Englewood . That is what Englewood has been . That is what we would like Englewood to stay , but you 've got to think about the businesses that are coming in that are going to keep people who want to live here , because It is a ne ighborhood ... rich , quality city . Thank you . Mayorwc:ssyn said thank you . (o) Jonathan Fore , an Englewood rosident, said I am the Princ ipal of Clayton Elementary in Englewood and this Is my personal assistant , Ol ivia Fore age 10 . I would just like to start off by compl imenting th is organization and the City. We were walk ing around downtown and Ol ivia , out of no where, said gee, Englewood really values the arts . We ware admiring all the sculptures down around the Civic Center and the fountain end how beautiful It was . And I sa 'd, you know , you are right Olivia, we have this Englewood Arts Council and I know the City Council, the Mayor and everyone Is reall y behind the arts . She noticed that without me saying anyth ing about that. And I th ink ifwe were to put in a liquor store down by 7-Elaven, our kids are going to notice that too and it is not go ing to be for good reasons . I don't see how that liquor store could be 500 feet from Cherrelyn . ti you take that man's example of how the crow flies , I think that needs to be re-examined, because I can't see that be ing 500 feet from a technical point of view. From another po int of view, what I am worried about Is our youth In Englewood . I think there Is an image problem on South Broadway ... head shops, Englewood City Council September 18, 2008 Page 8 liquor stores , tattoo parlors ... not that any of that Is not , I guess , llleg&I, but I don't think It Is a very good Image . Our kids do have to walk around that area . We have Middle School and High School kids on the bus stop right there ... all day long and all night long . I really wish we wouldn 't put a liquor store there that close to another liquor store but elso ... really you are In the middle of three schools ... you have Cherrelyn at Lincoln, ~'Ou have Clayton al Fox and you have Sinclair at Chenango . It is just too c,ose . And I would be worried about the example that we are setting for our kids ... especlally our High Sc~ool kids . We have had way too many alcohol related deaths in Englewood ... ln our High School . The last thin~ I think this City needs Is another outlet for liquors . Thank you . Mayor W~losyn said thank you Jonathan . Mayor Wolosyn asked if there was anyone else who would like to spea,. There was none . Mayor Wolosyn sa id thank you all for coming . Council Member Barrentine said I would ask that you please remind the people lhat we have Council Comment after . Mayor Wolosyn said right, we don 't address these is sues now , but at the end of the meeting , people on City Council have their own issues and often return to what happ ened in Public Comment. Council Member Barrentine said thank you . 8. Communications, Proclamations and Appointments (a) Proclama •;on in honor of Bishop Elementary School's so'" anniversary . Mayor Wolosyn said I am go ing to read th at proclamation and I know that we have th e Principal of Bishop here , Linda Mccaslin , as well as the Principal of Clayton . Mayor Wolosyn reao the procla mation in full. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (a) - A PROCLAMATION IN HONOR OF BISHOP ELEMENTARY SCHOOL'S so'" A NIVERSARY . Mayor Wolosyn asked if there was any discussion . Council Member Mccaslin said yes, I brought II up al the last City Council meeting and extended the invitation . I personally want to thank Wayne Oakley, Ray Tomasso and Jim Woodward for showing up and showing that we are trying to work togelher ... the City and schools to try to bu ild a relationsh ip. I feel guilty because I coul~n ·t make it as I had other commitments, but I sent some of my staff to Bishop . There was laughter . I would like to thank you. Thank you very much from the bottom of my heart . Thank you very much for show ing up . Mayor Wolosyn said thank you and asked if there were any other comments . She said I couldn't be there either, but Happ\' Birthday Bishop . Vote resulta: Motlor, carried . Ayes: Council Members Barrentine , Mccaslin, Moore, Wolosyn , Woodward, Tomasso, Oakley Nays : None Mayor Wolosyn presented the pro~lamatlon to Linda Mccaslin , the Princ ipal of Bishop Elementary School. • Council Member Woodward said I think II Is worth noting that on Saturday there wsro a number of members of • the Bishop family In attendance ... at tha celebration . One had traveled ... l believe It was all the way from North Carolina ... so that was pretty neat. • • Englewood City Council September 18, 2008 Pagel (b) Proclamation des lgnallng September as National Preparedness Monlh . COUNCIL MEMBER TOMASSO MOVED, ANDO' WAS SECONDED, TO APPROVE A PROCLAMATION DESIGNATING SEPTEMBER AS NATIONAL PREPAREDNESS IAONTH . Mayor Wolosyn asked If lhera was any dis cussion . There was none. Council Member Woodward sa id lhis Is something lhal I know Chris ha• been very involved wilh ... Ready Colorado ... and I lhlnk lhis Is someth ing lhal we all need lo be conscious of these da ys ... our security for ourselves and for our citizens. for our Cily and for our Country. Thank you . Vote results: Motion cc1rried . Ayes : Council Members Ba rrentin e, Mccaslin, Moore, Wolosyn , Woodward , Tomasso, Oakley Nays: None Mayor Wolosyn presented lhe proclamation lo Director Olson . Director Olson said Mr. Woodward , lhank you very much . You covered what I was going lo say ... Englewood has been a very aclive part of, essentially, in div idual preparednes s, which has been a very key component of the Nallonal priorities lhat have been de veloped since lhe 9/11 aclivilies . Wilh Homeland Security in place now, we are a very important component of thal and I appreciate II and lhal is whal National Preparedness Month is all aboul...so thal we, as ind ividual citizens, underslana lhal ii is lime lo lake things In our own hands and be prepared for lhe worsl case scenario. So thank you ve ry much . We appreciate lhal. Mayor Wolosyn said lhank you Chris . 9. Consent Agenda (a) Approval of O,dinances on Firsl Reading There were no add illonal llems submilled for approval on firsl reading . (See Agenda llem 11 (a).) (b) Ap proval of Ord in ances on Second Reading There were no nddihonal ilems submilled for approval on second reading. (See Agenda llem 11 (b).) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 9 (c) (1). (c) Resolulions and Motions (i) RESOLUTION NO . 76, SERIES OF 2006 A RESOLUTION CREA TING A RETIREE HEAL TH PLAN FOR CIT Y EMPLOYEES TO BE ADMINISTERED BY THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION (ICMA-R.;), Vote reaulta: Ayes: • Na ys: Mo lion carried . Council Members Barrenllne, Mccaslin, Moore, Wolosyn , Woodward, Tomasso, Oakley None Englewood City Council September 18, 2006 Page 10 10. Public H11rlng Item ■ (a) Mayor Wolosyn sa id th is Is a Public Hearing to gather input on the City's propostd Bu,,,•~t 1 • 2007 . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO OPEN THE PUBLIC HE/,RIN G TO GATHER INPUT ON THE CITY'S PROPOSED BUDGET FOR 2007 . Ayes : Council Membars Barrentine , Mccaslin. Moore , Wolosyn , Woodward , Tomasso , Oakley Nays: None Motion carried and the publi c hearing opened . Director Gryglewicz, being duly sworn , said I have provided the City Clerk with Proof of Publ icat ion of th is Public Hearin g that was In the Englewood Hera ld, Seplember 1, 8 and 15, 2006 . The City Council received it s 2007 Proposed Budget on September 11 th. The Charter requ ires the Council to rece ive the budget by September 15 and to hold a Public Hearing with in three weeks of subm iss ion of the budget. Council will also hold a Budget Workshop on September 23~ in the Community Room al 8:30 a .m. Thal is this Saturda y and that is open to the publ ic . As Council knows , the budget process beg ins early in the year. We usually have a Council/staff mini• retreat or workshop and we discuss the goals and priorities for 2007 . We did have that th is year and the rest of the year was spent mainly wi th staff estimating revenues and pulling the ir proposed budgets together. In you r pa cket, you rece ived a budget In-brief, as II ls called . II is just a small little three-fold docum ent. .. ma in ly highlighting the General Fund, because the General Fund provides the revenues and accounts for expenditures that include the Fire , Pol ice , Publ ic Works, Recreat ion , etc. Those are the main public service s th at th e Cit y of Engle wood provides . For 2007 , total revenues are estimated . right al th is po int , al 37 .5 million dollars . The main revenue source that the City relies on ... to provide public services ... are the sales ta xes . Th is year they are looking like they are going to go up a lillle bit more than normal, because the Englewood Urban Renewal Authority ta x increment bond is ending next August. That is going lo add about a half a million dollars to the budget. On the expenditure side, at th is point in l ime, expend itures are budgeted al 39 .5 m illion dollars . Most of that increase is due lo increases in wages , benefits and energy prices . Also , I mentioned earlier in the Study Session , that the Debi Service , which we did refinance ... lhey are called Certificates of Participati on ... on the bu il ding and improvements on this sile ... nexl year will increase, because we took the savings in 2006 . Fund Balance, for the General Fund for 2006 , is estimated right around 18% of revenues and nex t year about 12 %. And as I said, the budget will be discussed more in fu il lhis Saturday al the Budget Works hop . I am available now for ques tion s. Mayor Wolosyn said this is pr imarily a time for Council lo receive input from th e commun ity . We wi ll dis cu ss ii on Saturday. She asked if Council had any questi ons . There were none . Mayor Wolosyn as ked if there was anyone else who wanted to speak during the Public He ••'·~-Th ere was no one . COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBL\. ,.!EARING TO GATHER INPUT ON THE CITY'S PROPOSED BUDGET FOR 2007. Ayes : Council Members Barrentine , Mccaslin, Moore, Wolosyn , Woodward , Tomasso , Oakley Nays : None Motion carried and the public hearing closed . Mayor Wolosyn sa id thank you Frank and we will see you on Saturday. 11 . Ordinance ■, Re ■olutlon ■nd Motion• (a) Approval of Ord inances on First Read ing • • • • • • Englewood City Council September 18, 2008 Page 11 (I) Manager Stilt presented a racommendellon from lhe Commur,,.y O~velopmenl Department to adopt a Bill for an Ord inance approving the vacation of an alley In the 1800·1900 blocks between South Raritan and South Tejon Streets , He said the Item before you Is a request to approve an ordinance that would vacate a portion of rig ht-of-way that Is located In northwest Englewood and Is bounded by West Baille Place on the north, West Iliff Avenue on the south, South Raritan Street on the east a11d Sout h Tejon Street on the west. This was presented to the Planning Commission upon an application for vaca llc-'1 from the residents In that area . The petition that was rece ived by the Planning Comm ission reflected 100'¼ ,1 the property owners In that area reques ti ng the vacation . After a Public Hearing , dur ing wh ich Information was received from staff , as well as from the res idents In that area , the Planning Commiss ion determ ined that it was In the public's Interest lo vacate this right-of-way . There are no City of Englewood public util ities in the right-of-way , However, there are Excel Energy, Comcast cab le and Qwest Commun ications lines in that alley and the recommendat ion from the Planning Commi !slon was lo vacate the alle y and reta in a 16 foot easement to maintain those other public utilities . Mayor Wolosyn asked If there was any discussion , Council Member Woodward sa id the photos ., .specifically the ones that are show ing it where it is really prelly and grassy there ... and then there Is the other one where there is this horr ible looking alley .. , ls the green the befor e? Mr . Stitt sa id I don 't know exactly when these photos were taken . Obv iously , the one in the upper right hand corn er was taken in the Fall or Winier and the one in the lower right was taken probably this summ e•. The alley was ... as was slated in the staff Report , used for a number of years and then clo sed and reopened because a resident in that area had submilled an application for a garage permit , which was approved and since the alley had not been vacated, access was again reopened . Apparently , that res ident has new moved and the new owners in that area ha ve determined that the alley would be baller closed than left open . Mr. Woodward said so the one with the grass and flowers certainly looks a whoi~ lot nicer. And then, th e onl y other thing, obviousl y I support th is ... is that there is, I assume , an add iti onal cost of adding curb and gutter. ii says the grad ing ma intenan ce cost...there is a sav ings we would have , but we would have a cost of add ing curb and gutt er according lo the information provided . Is that correct? Mr . Still said yes, along the right-of-way on the east and wes t. Mr. Woodward said okay . Mayor Wolosyn asked if there was any more discussion . There was none , COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDEIJ , TO APPROVE AGENDA ITEM 11 (a) (I)· COUNCIL BILL NO . 37 , COUNCIL BILL NO . 37 , INTROOUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE VACATING THE ALLEY RIGHT-OF -WAY LOCATED IN THE 1800 TO 1900 BLOCK , BETWEEN SOUTH RARITAN AND SOUTH TEJON STREE TS, IN THE CITY OF ENGLEWOOD , COLORADO , Mayor Wolosyn asked if there was any discussion , There was none . Vote results : Motion carried . Ayes : Council ~, mbers Ba rrentine , Mccasl in, Moore, Wolosyn , Woodward, Tomasso , .:J akley Nays : None Mayor Wolosyn said thanks Harold , (b) Approval of Ordinances on Second Reading Englewood City Council September 11, 2008 Page 12 (I) Council BIii No . 35, an Emergency Ord inance approving regulations prohibiting sexual predators and certa in sex offenders from ostabllshlng residency near areas where children congregate was considered , COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) • ORDINANCE NO. 34, SERIES OF 2008 . ORDINANCE NO . 34, SERIES OF 2006 (COUNCIL BILL NO . 35, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AMENDING TITLE 7, OF THE ENGLEWOOD MUNICIPAL CODE 2000, BY THE ADDITION OF A NEW CHAPTER 3, PROHIBITING SEXUAL PREDATORS AND CERTAIN SEX OFFENDERS FROM ESTABLISHING RESIDENCY NEAR AREAS WHERE CHILDREN CONGREGATE AND DECLARING AN EMERGENCY . Mayor Wolosyn asked if there wa s any discussion. There was none . Vote ruult■: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward , Tomasso , Oakley Nays : None (c) Reso lutions and Motions • (I) Manager Still presented a recommendation from the Department of Community • Development to adopt a resolution ~uthorizing the extension of tile agreement with Laidlaw Transit Services, Inc ., for operation of the ·ert" shuttle for 2007 . He sa id as you are aware , the shuttle is operating under a grant received from the Federal government under wh ich DRCOG pays 80 %, RTD pays 10% and the City of Englewood pays 10%. We Initiate the contract with Laidlaw to provide services and the or iginal contract was negotiated for each of the three years and the years run from October through September and this will be for the final year from , actually , October 1", 2006 through the end of September 2007 . The amount is $218 ,000 .00 and ii represents an amount that was originally estimated in the original contract, so there is no increase , wh ich is different than last years contract where fuel costs and additional personnel costs we re factored in '.· ., slight increase . This will cover our percentage of the operation an d also provide for ,,peration through the ond of September next year. Mayor Wolosyn asked if there were any questions . Council Member Wood.,ard said this has been really valuable . Something that has been really valuable in the community and I hear a lot about it from people on both sides of Aroadway ... the art shutlle and how nice it is to have it ava il able to them . And also , the minimal increase in cost from last year to th is year ... l think they figured It was not ev.~n one and a half percen t...that's oreat. COUNCIL MEMBER WOODWARD MOVEn, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (c) (I)· RESOLUTION NO . 77, SERIES OF 2006. RESOLUTION NO . 77 , SERIES OF 2006 A RESOLUTION AUTHORIZING THE EXTENSION OF TRANSIT SHUTTLE SERVICES OPERATIONS CONTRACT BETWEEN LAIDLAW TRANSIT SERVICES , INC . AND THE CITY OF E'.IGLEWOOD FOR THE OPERATION OF THE ENGLEWOOD CIRCULATOR SHU ',"TLE FOR 2007. Vote rHult■: Ayes : Council Members Barrentine , McCaslln , Moo re, Wolosyn , Woodward , • • • • Englewood City Council September 18, 2008 Page 13 Nays: Motion carried. Toma110 , Oakley None Mayor Wolosyn sa id thank you Harold . II Is a valuab le serv ice and I hope we can continue It beyond th is ne xt year. 12 . G1ner1i Ol1cu11lon Mayor's Choic ~, (I) Mayor Wolosyn sa id I would like to ask Council to approve my attending the Urban Land Institute Conference here In Denver . I thin k It ls 500 and some dollars for a local offic ial. I serve on DRCOG , which Is involved in e lot of these Issues . II ls here an d It Is someth ing that I've always wanted to do and we don 't have any travel expenses , so ii seems like a grea t opportunity . Council Member Tomasso said I would also like to attend that conference . Mayor Wolosyn sa id It is $495.00. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE MAYOR WOLOSYN'S ATTENDANCE AT THE URBAN LAND INSTITUTE CONFERENCE . Mot ion carried . Ayes : Council Members Barrentine . Mccaslin . Moore . Wolosyn , Woodward , Tomasso , Oakley Nays : None COUNCIL MEMBER OAKLEY MOVED , AillD IT WAS SECONDED, TO APPROVE COUNCIL MEMBER TOMASSO'S ATTENDANCE AT THE URBAN LAND INSTITUTE CONFERENCE . Ayes : Council Members Barren ti ne, Mccasl in, Moore , Wolosyn , Woodward, Oakl ey Nays : None Abstain : Council Memher Tomasso Mot ion carried . Mayor Wolos yn said I apolog ize for not abstaining . (ii) Mayo , Wolosyn sa id under 1he liquor license issue , we, al the last Ci ty Council meet ing elected to address this ... Just the actual la ws in exi stence ... at a future Counc il meeting and I believe we ha ve ii down for November 20". And we ha ve that because of a heavy sct ,edule and var ious Counc il people have asked for information about distance . So , we will be add ress ing tha t in the future . (ill ) Mayor Wolosyn sa id the other issue I would like to address Is the 60 fool frontage . I bel ieve ii staled 30 feet per unit. I wou ld like to say that the Commun ity Deveir,pmenl De partment did ask us to change lhal for the entire City and ha ving been part of that discussion when v,e moved that law ... 1I was part of Council's goals of trying to establish more single family hous ing stock for sale in our commun ity . Thal sa id, I thin k Community Development agreed that perhaps the way they staled It to us was too broad , they were go ing to try to shape the Issue dlfferantty an d bring II back to us In the future . And right now , we are on the br 11k of hav ing discuss ions about the ne ighborhoods around South Broadway and also around Swed ish . And I u1ink the, th is Issue also perta ins to Issues that will come up there. We will be address ing this In the future , but II will be after th is process and we have more Information . Some of points you made were well taken and they will be a part of that discuss ion . I apprec iate that. (b) Council Members ' Choic e (I) Council Member Barrentine : Englewood City Council September 18, 2008 Page 14 1. Sha said I wanted to acknowledge the Englewood Dayi:. II wea a 1ucca11'"i event A lot of people worked vary hard on that . Chris Dula la here ... he was In charge of the Car Show , Bob Farria did th~ vendors , Doug Cohn worked tirelessly on organizing that event and I was Just lmpra11ed with the way the conimunlty pulled toget~er . It was a fun even!. It was wall attended . The merchants enjoyed II, I enjoyed It, Pos:Uvaly Englewood was able to, as a fund raising base for that, make some money for :he scholarship progr: .,, for the Parks and Recreation Department and II was Just a vary Impressive even!. I wanted to thank the Public Works Department , Community Development, Chris Olson and his Police Officers and while they assured me they had a wonderful lime and It wasn 't really a bad duty Irr a Saturday , we appreciated that support In having them there . The City came forward to partner with It, hut It truly was an event put on by the citizens and I appreciate the work and effort that so many per,,. ,, did for that . 2. She said I had the pleasure of going to th Li quor Board meeting and I had stated previously that I did not re-up to sit on the Liquor Board . I sat on the Liquor Board for 8 years and believed that I was an objective representative of the community, willing to listen to the evidence and not make any predeterm inations on the license coming fo<ward . When I found out that this license was coming forward, I already knew how I felt . I was in the boundaries of this liquor license and I am also the District Ill representative elected official for that area and I knew how I fell. I didn 't think II was appropriate for me to stay on the Liquor Board, because I wanted to represent my constituency and oppose something that I thou ght would have a terrible effect on the community . I went arou,1d ... l had the opportun ity at Englewood Oa ys ... to go and talk to a lot of people on South Broadway, a lot of residents and a lot of bu~inesses . And, they were not for ll,o s. When I testified last Wednesday ... ! was testify ing on behalf of that constituency and not just myself ... also , n,y~elf, but also the constituency that had made it very clear to me that this is not what they wanted in their community . Another liquor store two blocks from the Liquor Barn . They didn 't need ii, the :, didn 't want ii. They expressed that. Over sixty people were there and ii was inappropriate the way that they were treated . I would like to say that they exaggerated , but they • did nol. They were dismissed . The y were not treatad wllh courtesy People were cut off . Misinformation was • given several limes that the school issue was a moot point , that that didn 't matter . II confused people who were trying to testify and several of them were cut off. When someone Is testifying as to their needs and desires and they believe that , that ought to be heard and they say that they th ink the liquor store Is too close to a school ... actually three schools ... thal is valid on its own, for their needs and desires . II was inappropriate for It to consistently come up that it was a non-issue ... nor for the attorney to have been Interrupted , when those issues came up as well. She said I have a concern, as we go Into Community Development issues , a lot of th o clean• up that happened up on North Broadway, encouraged people to open up the ir wallets and invest in North Broadway when the Day Labor places went out , when the restrictions went in on tattoo parlors, and the check cashing places . II opened up that environment for investment to go In there and n0w you 've got a Panda Express , UnDlcl , Old Dubliner or the Truck Stop . You 've got millions of dollars of investments going in, because the City showed a pure intention of what the direct ion should be for Illa! commun ity . I am saddened to see my area of town, then, become the dump ing ground for some of th is activity . This is not what that commun ity wanted . I was further dismayed to find out that this has been tried before ... that & liquor license tried to go in 1t1at area 14 years ago and they didn't want ii then either. Citizens won out al that time and I ~as saddened to find out that the one vole , at that lime, with a community outcry not to have that license approved ... and it wasn 't...the only vote for that liquor store, In the 3900 block, 14 years ago , was Ron Lunders . And 14 years later , again, I saw people being Ignored when they asked for their community not to have another liquor store . Like the Principal from Clayton, he represents a school , he represents his constituency, he speaks for himself but also , as a professional , for the community that he serves and the education field . And he is right , there are three schools right In that area . I tried to represent my community . I felt Just as unheard as the people who spoke here tonight and believe that there should be some effort and some lime put into loo king into our Boards and Commissions end how they address citizens and how they uphold their duties . Thal Is all I have to say about II. Oh, and I did bring up .:• the Study Session last Monday, about potentially having Council look at setting limits on Iha distances between liquor stores . I am very pro-private prop1,rty rights . I don't think II is In the best Interest of the City to try and set everything by Ordinance and regulations . Unfortunately , we have a stop-gap In place already and for that liquor license It was for the citizens to be able to be heard ... lf that Is not • going to be lls'>.,ed to, if that check and balance isn 't going to be available to the constituency, to the citizens of this community, then It leaves no choice than to look al altern atives of trying to set ordinances in order for those cillzens to be heard . That 's II. • • • Englewood City Councll September 18, 2008 Paga 15 (II) c,•mcll Member l.'cCaslln : 1. He said I would Ilka to thank Community Developm~nt and Harold Still. We worked household hazardous waste Saturday ... ! only worked three and a half hours , but the compliments we got from the puvple coming up ar id bringing their hezsrdous waste was unbelleveble . They were praising and thanking us and vou know, thank you for having this day. II was Just neat. This Is the first lime I have ever been able to do something like this , because I was just elected in November . I appreciate Harold and your lime and effort . You guys In Community C>i. velopmenl do ~ great Job . Thank you both . But like I said, all the comments were positive . 2. He sa id this thing on South Broadway ... when we formed the BID , I asked why ... whatevar happ ened to the people south of Hampdan? You know they were concerned about the people north of Hampden anJ they said well we are going to work up to the end . And so , I've been concerned about...of course , I grew up in Englewood, my parents have been here 57 years , so I was concerned about the south end . I said well you guys are taking care of the nortl, end, what Is happening to the south end? So like Iha young lady said , she has some concerns and so 00 I, so hopefully we will address those concerns . I appraclata your speaking tonight. 3. He sa id In talking to employees of Englewood , I have heard some rumors and speculatio o that we were looking into chang ing our 24 hour shifts for firemen to 48 hours . An ci as this was brought to my allention, there have been a couple of great TV articles about how this is go ing to pu t a liability and stress on the employees and really make ii tough . I don 't know where we are in this process , but I would like to hear some update on that. To me that Is a big concern . 4. He said we talk about all the bad th ings ... you know our divorce rate in society Is about 50%, 48% or whatever it was ... but last night I ~ttended a so'" anniversary party for Wayne Oakley , who is one of our Council members, and I'll tell you w. ·at , it was a great event. We need celebrations like this In our community. Too bad he couldn't open up the whole City of Englewood but it is pretty expensive . I really app reciate the people who showed up and I had a great lime. Thank you . (iii) Council Member Moore : 1. He said In the lellHr from RTD , the fare that they are men t.• •nlng , the $1 .50, was that contemplated as part of this project? City Manager Sears said no , it wasn't contemplated . Mr. Moore said I mean the success of the project ... It Is going to be tremendously affected by that. I don't understand why that i, coming out of the blue . Mayor Wolosyn said I guess I will add that Englewood has two representatives on that Board, dcn't we , the north end and the south end? So , we have a lot of inr•,eace and Council should probably put son1e letters in about how valuable II is . Mr . Moore said I thought ii was lnte 11ded to operate more like a circulator shull le. Mayor Wolosyn said that's right. i! is. City Manager otlrs said we just received that today and we had not received any preliminary information about that...that tha t~, is the direction they were going to go. We will do some follow up and certainly we should be a part of the c,, "~sion or the decision making they have and where they go. Certainly going from zero to $1.50 ride is going le ~ve a huge impact. We will do the follow up , thank you . 2. He said In respect t~ ;;,e liquor license Issue . I can't wait until November 20th to talk , Olge . Our Clly government goh a ternt;e bl ac k eye when our citizens feel th is Ignored, even tt the outcome In this thing Is right. Obv!ously, the prcoeess Is flawed when the citizens don 't feel Ilka they are getting a fair shake . Now, what If they ere not gelling ,, fair shake In this? la there any ... and I think I am directing this to Dan •.. ls there any Immediate act:on we can take with respect to this sltuallon? .. Or by the nature of the Independence between that Board ,Jnd ours? Is ther • no Intervention th .qt we are capable of? City Allomdy Brotzman said your only role with this Board Is to appoint this Board . Englewood City Council September 18, 2009 Page 18 Mr . Moore aakl okay, let '■ ju■t e ■■ume lhal 1h 11 500 fool l11ue ... le1'1 jull asaume for dlscuulon ... lhal thay ware flat out wrong . Mr. Brotzmen aa ld on lhel l11ue? Mr . Moore sekl ye ■. Clly Attorney Brotzman sa id If II was lhe me■■uremenl l11ua, that could be overturned and we could take care of lhat. Council Member Moore aa ld by who? Mr. Bro!zman sa id Iha! actually Is through lhe court process . We would re■olve It !here . He aeld ega ln, Iha! la nol a Council issue ... lhal Is the court process Issue. An appeal from this goes directly to District Court snd the answer Is , If II was measured lncorreclly ... l have lo qualify !his , II wasn 't ... bul , If II was meaaured lncorreclly we would simply agree Iha! II was measured Incorrectly . The problem wilh !h is and whal Council Member Barrentine has requested ... Is looking al a ,on lng process ouls lde of lhe liquor code procass . The Liquo r Coda has a vary specific methodology of how lo measure !h is. Commun ity Development did lhal...11 ls over 500 feet. The Liquor Code prov ides Iha! you ca n extend Iha! through a zon ing procass . You can do other things through Iha zon ing process . Thal Is what Is com ing back lo you . Whal we are go ing to be giving you, as Council requested, lhey are plolling all of Iha liquor store s, GIS wise, so Iha! you can see wt-,a t those mea ~urements are . Mr . Moore said I am nol interested in other law ch~nges right now , Mr . Brotzman said right. Mr . Moore said whal I am lnleresled ln ... ls ii a fair process? You have adequately answered thal Iha 500 feel Is not measured as Iha crow flies , so Iha! Is fine. Mr . Brotzman sa id right. Bui , Mr . Moore said, there are ma ,lY other Iss ues lhal have been ra ised in this . Mr . Brotzman sa id and the answer is the appeal from Liquor Boa rd goes dire ctl y lo District Co urt . Mr. Moore sa id who has power to appeal ? Mr . Brotzman sa id any aggr ieved party, mean ing any of Iha citizens who were al !hat hearing can appeal . Mr . Moore sa id can lhe City? Mr . Brotzma n said if you desire lo appeal , yes you could . Bui Iha standard , however, is, was the Board arbitrary and capricious in the ir dec ision . Mr . Brotzman said that is almost an impossible standard to win. • Mr . Moore said Iha! Is concerning . We have the ability to appeal lfwe so desire , as a Cily, against our own • Board . Mr. Br otzman said yes . Mr . Moo re sa id the time frame for doing so? Mr. Brotzman sa id you would be do ing that ton ight. Mr. Moore said what is the cost of do ing It? We have an issue here . If we have the ability to slop a wrong ... lhe problem is we haven 't had a chance lo eva luate whether or not there is a true wrong hera ... but , if acting ton ight preserves our abi lity to evaluate th is ... Mr. Brotzman sa id and you are selling up a very, very unusual process , because what I have lo tell you is that if the Cily appeal s ... your having my offic e on both sides of the low suit...because Dugan Comer represents the Board ... so ,.,ey make a decis ion that he woulcl have to defend . Thal is why you have the Cily Attorney's office representing the Liquor Boa rd. So , you would actually have to hire outside counsel lo appeal that. Mr . Brotzman said I would recommend ... Mr . Moore said I am not asking for a recommendation yel. Th is license Is permanent . Mr. Brotzman said yes . Mr. Moore said it goes wllh the property . Mr. Brotzman said no . Mr . Moore sa id you have lo mainta in ii, but if ... Mr . Brotzman sa id no, if they wanl lo transfer ii !here is actually a process lo transfer a liquor license , as well ... so t1 ,ey would have to gel permiss ion lo transfer. Mr . Moore sa id bul !here isn 't a renewal ? Mr. Brotzman said as long as !h is company is !he re and these owners are there , !here are various process ... meaning Iha! you actu ally have lo register lhe pcopl o lhal work !here, the owners have to be Iha same, you can '! change Iha corporate slruclure wilhoul go ing lo Iha Liquor Board and gelling that authorized again . Mr . Moore sa id if I were R betting man ... ! have an eight year member of lhe Liquor Licensing Aulhorily over here and has been through Iha process, dil igently partic lpaled before ever being on Council . I have numbers being presented by Iha citizens !hat are grossly oul of whack In terms of aga inst !his . I can 't fathom how lhis was lhe right decision . I am trying lo recall ... we had a closer one , bul I had us talk about four or five years ago ... bul In Iha! case I think the numbers were al leas! in Iha ballpark ... lhe majority was aga inst II , bul al least !here was a significant minority . Council Member Barrentine said actually I salon !hat one and there were around ... lhere were under 20 people of came lo oppose lhal license, bul lh9 p3llllon process was well In Iha 90's In favor of II. Th is one had an opposing petillon process thal showed 43% ... flrsl of all , I would Ilka lo say lhat I've been on lhe Liquor Board, • nol one lime has a survey company been pa id and not come back wllh lhe majority for whal lhey gol paid for . So Iha petition procass ., .and I'm nol saying lhal anybody does anyth ing Inappropriate ., .bul lhe pellllon process, li ke a lol of things In life , you gel whal you pay for . If you send somebody lo oppose II , lhey come back wilh an • • • Englewood City Council September 18, 2006 Page 11 oppos iti on . If you send somebody In favor of It , In the eight year, I have never aeen somebody be pa id for a petition and not come back with that the ir side ahou ld have what they want. But In that caae , you had the surrounding area ... over 90% wanting It and you had maybe about 15 to 18 people who came ou t In oppos ition to It. I had only one time ever s8en that many people In here and that liquor license was turned down ... 11 was for over at Girard . There are only thme that I have sat on and that's ... the change of corporate structure , those th ings are rather bus lneas procedure&, those go through ... you never huve anyone show up . The three times we have had people show up , th is was a large number of people with the petitions not over whelming and that Is why I had the concem that I did. Mr . Moore sa id do ow ii any other ~ art les are fi li ng an appeal ? Mr. Brotzman sa id we have heard that Mr . Tisch Is contemp lat inw do :ng so . I have to •ell you though ... arb itrary and capr icious means there was no ev idence presented that they could approve the liquor license . Now, you heard there were peop le there that were In favor of this . Whether you agree or , ,at, the pers on who gets to dec ide that is actually the Liquor Board . You may disagree whole heartedly with how the process went , but If there was any ev idence presented , the chances of winn in g are slim to 110ne. Mr . M,or~ sa i<i that is the ba si s for your advice to le t it go . What is our ability to unseat the Board ? Mr . Brotzman sa .'1 you ha ve appointments every year .. .that Is up to Counc il. Mr. Moore said th e Board members terms are two years , four years ? Three year,, ... do we have to wa it un til a term Is com~l ete? Mr . Brotzman sa id the ans wer is yes or the only other piece that you have are absences . Mr . Moore sa id I do hope the aud ience can appreciate the hand cuffs that ha ve be en pl aced on us . Counc il Member Barrent ine sa id I would only ask one other qu est ion . All the dec ision, ti,at were mad e were made based off of needs and des ires . Than the City has noth ing to do with that cr iteri a? Mr . Brotzman sa id tha t criteria, no . The criteria that you have asked us to look at, wh ich is a zoning issue , which Is dlstancing ... Ms. Barrentine sa id no, I am not talk ing about what we are going to do in November. I am talk ing about what John Is talking about right now . That the dec ision that each of them made was stated that It was made based off of needs and desires . I don 't understand how ii has to be capric ious and .... Mr . Brotzman sa id that Is the standard to overturn the Liquor Board . So , if there was any evidence presented to them , they we igh the evidence . A judge will not set as ide your citizen appointed panel , un less it was just so erroneou s that they couldn 't or sh ouldn 't ha ve ever found that. That Is not weight of evidence , that means no evldence ... the re wasn 't anything before the m that the y could hav e looked at and sa id ... there is a need and des ire . Ms . Barrentine sa id we had a ci tizen that presented a pe tition proces s as well , and some of the processes were 1't handled the sam e as they had in the past. I wo uld go with John . I'm concerned about lea ving a Board in place that is that-i n-you r-face about not listening to people ... not hearin g them ... leav ing them with that kind of impress ion . Mr . Moore sa id my disgust should be apparent. I ho pe , if nothing else ... we have two actions tha t we can take . One of them is to remember th is when we are cons ider ing reappo intments . Second , we can look at changing the law to mandate the space requirements , right? ... through zoning. The th ird Is I would like to , aga ln ... in fa irne! ; tn the proce ss and accepting my own personal Ignorance of all the rules , if Council is on board with thls ... l .vould like to understand this better becaus• ,ght now I have the foal ing that th is was a fl agrant disregard for the way the rules are set up . And I know, it can 't be that bad . Maybe in the November 20th session , I would like to understand th at there Is some scenario where th is was fai r. Mayor Wolosyn sa id I th ink the fact that we ere going to address the poss ibil ity of chang ing that , I, myself. wanted to have the whole ord inance stn •cture exam ined , because we are go ing to propose changing ... solvi ng a perceived problem by doing th is, that unless we unde rstand the whole process , I don 't think we are In the pos ltlon ... so to me , It is part of the discuss ion . Council Member Moore said and Dan , a lot of that Is dictated by State law, right? Attorney Brotzman sa id yes , we have adopted the State Liquor Code and that ls ... Mr . Moore sa id like the arbitrary capri cious standa rd, we can 't change that , that Is State . Mr. Brotzman sa id that Is correct. Englewood City Council September 11, 2001 P1g111 Council Member Barrentine sa id It Is my understand ing that they will need to look at the Executive Sess ion tape , wh ich Is 1omelh lng that Iha audience and myself are not privileged to , to know wh at want Into the decision mak ing process ... that that tape , II requested , would go to a Judge and they w~uld take a loo k at th at and K there was disregard ... the potenllal Is there for them to make a determinat ion on th o los tructlon , espec ially given to a new member ... both legal and experience given by other members and for them to decide based on the ir conversatlon ... whether they Ignored lhat...needs and desires can still play Into It, I guess . (Iv) Council Member Oa kley: 1. He sa id I too would like to understand the process better. I feel anything we can do in the future , we need to do , but for now , I would defer to Dan 's adv ice . 2. He said In regard to Bob's comments about my 50th wedding ann iversary , last night , I would like to say , that we were able to rent the facil ities at the Malley Center and the employees were very profess ional and treated us very nicely . It is a very nice room and I would recommend to anyone in the community that has an affair like that , to keep the Malley Center in mind . 3. He said go ing back to last week when I was a little passionate about graffill in our City, I noticed th is week that Denver has put In their budget a special cleanup crew like I had suggested last week . I th ink that Chris had said that he had some things along those lines in mind and I v,ould like to see us pursue that in the future . (v) Counc il Member Tomasso : • 1. He said I want to thank the merchant : for the wonderful car event the y put on and all th e effort they put • in to that. II reall y mad& the City look good . Al so, all the City staff that contributed to th at. I know the Cit y made an extra effort to make that work really well. 2. He sa id we received a report 0 ,1 the number of cri mes per motel. What I would like to get now is th e number of rooms per motel , so we could get a percentage of which ones are creating the most problem s ... based on the number of rooms or clients they ha ve per night. So, the two would make sense and we could try to compare that . 3. He sa id I also no ti ced the house, where we closed the street at Bates and Clar kson . the ~ouse the y just built next lo Bates and Clarkson ... was on a 75 foot lot. They subdiv ide d the lot into two · ,,co es . The fi rs t house is built and ii is listed as $879 ,000 .00 and they are about to build a second hous e on that property . Th ere is also a house four blocks away that has been scraped ... they are digging a new basement . I suspect that one will also be about an $879 ,000 .00 house . So , that is another dirocllon for the City to go ... for development. II might not be a duplex at $600 ,000 .00 , but it might be a single famil y house for $60 0,000 .00 on a 50 foot lot. They don 't all ha ve to be $879,000 .00, but $600,000 .00 is kind of nice too . (vi) Council Member Woodward : 1. He said I want to congratulate Wayne and Jeann ie on the ir 50 th wedd ing ann ive , sary aga in. So , congratula tl oas from me too on that. 2. He said the rest I have are kudo type of th ings . Mike Flaherty, Le igh Ann Hoffh ines , Don In gle and th e IT Department have ~een chosen as a finalist In the City and County Communications and Marketing Association's Savvy Awards competition for the City of Englewood 's new web site and I just want to compl iment them on that and acknowledge that they have done, obviously, a great job on that. 3. He said I would also like to acknowledge Rocky Mountain Urgent Care who ... accord ing to our Council • Newsletter ... Is providing financial support to youth In-l ine hockey, basketball and baseball leagues through the Parks and Recreation Commlss lon ... Dave Parks helped put that together . Rocky Mountain Urgent Care Is a • • • Englewood City Council September 11 , 2oot Paa• 11 bu1 lne11 lhet h11 been In Englewood for about two ye1r1 now and they have been a real supporter of community evenl1 end 1h11 la Just another one of lho11 . So kudos lo lhem 4. He said lhen la■lly, to Clly Manager Seara for 35 year ■ of being In the business of City Management. Congralulallonsl There wa■ applause . Mayor Wolo1yn ■aid congralulatlons Gary . 13. :':lty Manager', Report City Manager Sears did nol ha,.,, any mailers to bring before Counc il. 14. City Attorney'• Repn'\ (a) City Atlomi<i ,j rolzman sa id you received correspondence from Trina Everhart from Safety Services regard ing the relurr. a our police rad ios . The conversations and the correspondence have not bean fruitful , so I am seek ing a motion lo pursue suing EF Joh !'' ·1n for return of lh e funds . Council Member Woodward said I would like lo make that motion . Based upon our discuss ions back when ,,., started having problems with lhese radios and back then , I think, we had discussed that there were some olher communities within the Slale lhal alsc had problems with t.,e same rad ios . So, absc .tut ely. I lhin k lhey need to slep up and make a refund . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE TO PURSUE SUING EF JOHNSON FOR RETURN OF THE FUNDS . Motion carried . Ayes : Council Members Barrentine, McCaslln , Moore , Wolosyn , Woodward, Tomasso , Oakley Nays : None 15 . Adjoumme~t