Loading...
HomeMy WebLinkAbout2004-12-06 (Regular) Meeting Minutes• • • ENGI.EWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session December 6, 2004 I. Call to Order The regular meeting or the Englewood City Council was called to ente r by Ma yor Garrett at 7:37 p.m. 2. lnvucatlon The invocation was given by Council Membe r Barrentine. 3. Pledge of Alleglance The Pled ge or Allegiance was led by Mayor Garrett. 4. Roll Call Present : Absent: A quorum was present. Council Members Tomasso, Moore, Bammtinc, Garrett, Bradshaw, Wolosyn , Woodwant None Also present: City Manager Sears City Attorney Brotzman Assistant City Manager Flaherty City Clerk Ellis Director Olson. Safety Services Senior Planner Graham, Community Development Manager Dannemiller, Community Development Director Black , Parks and Recreation Director Gryglewicz, Finance and Administrative Services Director Kahm, Public Works Traffic Engineer Vestry, Pub li c Works Planner Voboril. Communily Development 5. Consideration or Minutes or Previous Session (a) COUNCIL MF.MBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMB ER IS, 2004. M:iyor Garrett asked if there were any comments. ques tions or corrections . There were none . Vote results : Ayes : Nays : Malian carried . Council Members Barrentine, Moore, Brad shaw, Garren , Wolosy n. Woodwant , Tomasso None 6. Recogr.ltlon or Scheduled Public Con1ment There were no sc heduled visi tors . Englewood C ity Co uncil Decl'mber 6, 2004 Page 2 7. Recognition of Unsc heduled Public Comment (a) Al Goidon. 3045 Sou th Acoma St rce 1, said the problem I huvc 1onigh1 is wi th the Code Enforce me nt people. My ne ighbor who wo rk s fo r th e Cit y of Englewood . who is a big manager down at 1~.e \Va1c r Trea tment Plan!, ge ts specia l tre atmcnl fr om Code Enforcement people, because in the Ci ty of Engl c wooc., yov arc o nl y nll owed to have 1wo dogs . Mc has fi ve dogs and one c.it. Also, according to the Ci ty Counci l. ;II of )' ,r liule ve hi cl es and A TV 's nrc supposed to be r'Jt on !heir own ceme nt bl ocks . He has two ve hi cles thal he dn vc ~ ou· of th e eight vehic les th at he 111cs n't dri ve . Thr reason I know thi s is whee ls arc mis sing on 1hem a nd th ev a1 ,# ,un i<e rs. He has also done an additio n on th e back of my othe r neighbo r's house, in th e bac k of the garage. whi ch is ill t;al. Be ca use, being in co nstructi on fo r ove r for ty years, I know all the codes . Of course, Code Enforceme nt does n't. Beca use, when you do nn addition on your garage, the law states that yo u mu st be six feet away fr om the all ey . I-le didn't, he got it close r. And th en, he enc losed th e in sid e of it and he didn't even do th nt prope rl y, but according to Code Enfo rce me nt, th ey said ii is only temporary and we aren't going ICI do anyihing abou t it T hen he puts up a big te nt and that is okay too. Bui, if my weeds get ove r ei ght inches th ey are on me like whil e on ri ce. Wh y? ... beca use I do n't work for the City of Englewood and he does. And because I brin g th is up 10 him and say th at so me of your peop le at Code Enforcement arc showing fa\'oritism to th is guy. th ey don't lik e 1he way that I spenk . We ll , you know, it gets reall y kind of bo ring when I am watc hi ng out fo r thi s neig hborhood, wa tchi ng out and making sure 1hat the kids th at hang around at 3 v'cloc k in the morn ing. who almost tried 10 brea k into Ray's pl ace and he doesn't eve n kn ow th at yet. I stopped them . But , I shouldn '1 do that according to Code Enforceme nt , because I don't wo rk for the Cit y of Englewood . I nm so fed up with Code Enforceme nt. .. and 1hcn they were told 1101 to give my name out , and guess what 1hey did ... 1hey ga ve my mime out . Docs anybody sec any1hing wrong with lhi s going on, besides me ? May be it is just because I've on ly lived here since 1970 and I ta lk funny . and they don't und ers1and me . I do n't know , but to me. showing so mebody who work s fo r th e Ci ty of Englewood and knows all th ese codes • and yo u don't do nothin g abo ut it. And ye1, th is one lady th at I did ajC'li for , she got fined $600,00. because she • didn 't pull a permit for enclo si ng her pat io. But , Mr . Burton on th e ot her hand , does n't get fin ed any1hing. Hcjusl says, oh, it is o nl y tem porary . We arc going to co me back la1cr and tak e it out. Then th ey call him and 1ell him we are going to come ove r on Mond ay ... which was tod ay ... at 11 o'cloc k, so he spe nt all wee kend movi ng all th ese vehicles so I look like a foo l. But , Code Enforcement doesn't believe me. But, Mr . Larry Medin a came ove r and saw th is one dog tha1 he had and he has been known to bite people and the dog runs up and down the all ey without a leas h, bu ! if it was my dog ... you kn ow . gces h ... Code Enforce me nt wo uld be on me like white on rice . But because it is Mr . Bunon's dog . who wo rk s fo r th e City of Englewood. we just let it go because we don't have to do nothin g beca use he's our friend and he has li ved here all his life. Do we sec anylhing wrong wi th wh at Code Enfo rce ment is doin g here? If anybody ca me over and looked at the way th at th ey encl osed th is patio ... being in co nstructi on ... bu t yo u know I don 't know, I've only done it fo r forty s,•mething ycars ... it is tolall y ille ga l. Because I know on eve ry corne r yo u mu st put a 4 by 4 post and when yo u pu. ii on co ncrete, you mu st use wa ter treat ed 2x4s, which arc press ured tr eated and th ey are green a nd shot down. Mr . Buri a n didn'1 do thi s. but Code Enfo rcement said , don't worr y abo ut it. it is okay . But if I just bl ow my leaves out in 1hc street by accident, th ey are down telling me. yo u can't do th at. Do we see any fa voriti sm here? I'm reall y sorry that I neve r wo rk ed for the Cit y of Englewood because I co uld cet away wit h murder. I don't li ve nex t 10 a junk ya rd , bu t I do now. And any one of yo u co uld come dow n a nd see thi s. Hi s so n who is 29 years old was living in th e garage. bu! no one wa nt !-! 10 come and find ou t why ht: ha s thi s electrica l co rd runn ing fr om th e house that is vaca n110 1he garage to give him hea l. Or, why th e hose from !h e front yard ru ns all th e way down into 1he garage 10 give him wa ter . And , smoke comes out of th e slll ck. so ht: probably does n't li ve 1hcre because wh en Codt: Enforce men t co mes ove r. th ey said , is your so n li vi ng ove r th ere in th at gar:tgc and 1hcy sa id , no he is li vi ng up sta irs in th e baseme n!. That is like sayi ng. gee do yo u ow n a shotgu n. no, I don't. Ma yor Ga rren !IJid Mr. Go rdr n tha nk yo u ve ry muc h. (b) Marlene McKi nney sa id I live in Ore go n, bu1 the house I'm talking about is 2996 South Elali. It is a come r lot and I ha d always planned to bui ld a dup lex there . She said I ma y need so me help , I'm nervo us . Mar y Sue Tate sai d I live in Ce nte nnial and I ha ve known Marlene 'or a long lime . .'.:;he said 1his year the zo ning changed and th e lot is 50 by 125 and when Marlene ca lled zo nin g, r.hc got a couple of different answers ... yes, we cou ld build a du plex ond then seco ndl y ... no. because the zo nin g cha nge d and yo u need 10 more feet. But. if yo u wou ld sec the house on that lot, yo u wo uld love to have a new duplt:x th ere. I am sure, for th e Ci1 y of Englewood , So, thi s is her nex t slc p. Wh at docs she do 10 ma ybe chnn gc !h e zomng o n chi s pnrtic ul ar lot, so that now tha t sht: is • • • • Englewood Clly Council December 6, 2004 rugeJ in a pos iti on to build th is duple x. she L·an go ahc3d and do it . Is there anywny to ge t 1hat do ne ? Wh al is th e step ll un she lakes? Mn yor Garrett sa id La uri Danncmill r:, 1s righ1 over here and Lauri will be glad 10 di sc uss wi th yo u 1he different option s yo u may ha ve. Manager Dnnncmill er said 1!1c rcquircmr.nt is ac tually a chan ge in the UDC, as she s1atcd , to require 60 fee t of fr ontage ns opposed to 50 fN:t a fro ltagc, which wn s deci ded by Co un ci l in th e change of th e UDC las l yea r. ii is not an i1 cm lhnt can be bru u&ht t~ B,1.ird of Adjustment and Appeal s. so I think her actual requ est is to see if Co un cil wou ld like to reevaluate th e iss ue. ticc ause it wa s spec ifi ca ll y noted in the UDC that area and fronta ge ca nn o1 be appealed 10 th e Board of Appeals . Ms . Tate said 1his pro pert y .i its on a corner, so there wouldn't be anythin g on o ne si de becau se it sits on th e co rner of Elati and Co rnell . We have a pi cture here that we ca n pass aro und . That ho use would be sc raped off and then a new duplex in its place. Mayor Garrett said you brought it to us. so now we will t ffi II l~P ·k 1 , staff to take a loo k at the si tua ti on and make a recommendation to Council. Ms . Tate said how arc we going to find that out th en? Mayr , Garrett sai d as long as th e Clerk has yo ur co ntac t informatio n, we will be glad to do that. Ms . Tate said a ka ), thank yo u. Ma yor Ga.nett saiu thank you very much . He sai d Ms. McKinne y, you did fin e . (c) Greg Kainer, 4443 South Acoma, sa id I come here toni ght to praise you folks. I know we don't agree on everything but you guys, co ming to the close of the year, have been patient and diligent wi th all th e wc rk, because I hnve been down here numerous times and wn tched you work through processes and h1us off to you . I wanted to wish you guys a Merry Christmas and a Happy Holiday . Co uncil Member Brad shaw said thank yo u Greg. 8. Communications, Proclamations and Ap~•' '.ntmcnts (a) A lett er from Jonath an Crowe ll indi cating hi s re signation from the Cod e Enfo rceme nt Ad visory Co mmillcc was considered . Co unci l Member Barrenti ne said I want to make a co mment about what an exce ll e nt job I thin k 1ha1 he has done. He has been Chair. He and hi s wife . unfortun ately, lost a child last year and she just ga ve birth three months ago and 1hc baby is extremel y hea lt hy a nd hap py and !hey wa nt not hing more lh an to ha ve a lot more. So , they boug ht a big house, but un fo rtunat ely it isj,1s1 on the other si de . They arc in Denver and it broke their hea rt , but quite hones tl y th ei r passion lie s in just enj oy in g their family right now. He wi ll be mi ssed . He did a ve ry exce ll e nt job. COUNC IL MEMBER BARRENTINE MOVED, AND I , WAS SECONDE:J, TO ACCEPT THE R;;slGNATION OF JONATHAN CROWELL FROM THE CODE ENFORCEMENT ADVISORY COMMITTEE. Ayes : Cou ncil Members Barrentine, Moore, Brad sha w, Gar rett, Wo losy n, Woodward, Tomasso Nays : f'lone Motion ca rried . 9. Consent Agenda {a) App rova l of Ordinance s on Firs t Reading There were n.> addit ional items submin ed fo r approva l on fir st reading . (See Aoendu l!cm 11.) Englewood City Coe,icil December 6, 2004 Pnge4 (b) Appro va l of Ordinances on See r • -J Rearl;ng There were no it ems subm itted fo r approva l on s1·•:\ r-.d -r,:uding. (c) Resolutions and Moti o ns The re were no oddi1i onal re so lutions or moti ons ·.:.o ~m tucd lor approval. (See Agenda Item 11 .) 10. Public Hearing Items No pub lic hearin g was sc heduled before Coun cil. 11 . Ordinances, Resolution ond Motions (a) Approval of Ordinances on First ~ending (i) Se nior Planner Graham pre sented a reco mmend atio n fr om the Co mrr.Jnity Deve lopment Department to adopt a bill for an orrlinancc approving the Au1om otivc Sales and Re nt al Use ~ ,n the MU-B-2 Zo ne Dist rict. He said the bills before yo u to night arc the work product of the Planning Commission and the Auto Use Comminee . The fi rst bill went throu gh lhe Plann ing Co mmi ss ion w;th so me amendment.i and rec ei ved approva l and a reco mme ndati on fo r approval by Counci l. The second bill wa s th,. v·ork that conti?1ucd by the Co mmittee afte r the Planning Commi ss ion meet ing th al includes some si mplificati ons and so me co nsolidati ons or the requirements and the Staff Re po n focu ses primari ly on that Version Two. The Vers ion Two is fa irl y straight forwa rd . It app li es to ne w automobile dea.!crsh lps in that zone di stri ct and raises the stand ard s for what kind s of iss ues they wo uld ne ed to addre ss before establishing in the zo ne district. Th e prim ary changes relat e to the implementation sc hedul e, whic h provides that busi ne sses that 1vere in busi ness after Janunry I, I 995 and had r,ot been in busin ess for fiH! years before the y apply fo r a limi ted use permit, would have st·•~ exemption from the fr onta ge requirement. Other bus inesses, if they existed as an auto business prior to January 1, 1995. would be subjec1 to all of th e req uiremcnls. Th ere is a li st of th e req uirem, 11s where 1he staff also modified so me of th e language as yn u can sec in \~c strike out and underlined version of th e ordin ance and we hope that that simp lifie s the require ment s as we ll . The 01:~e r request with thi s Coun cil ComMunica tio n tonight is that we sc hedul e a Publi c Hearin g fo r Dece mbe r 20th where the pub lic would be all owed to pro vide co mment on 1he ordinan ce. Ma yo r Garre tt sa id are ~he re any questi ons for Mr . Graham . Mayo r Garre ll said I wou ld like to sor t of s11p ple men1 whnt he sa id . Wh at th e Com mitt ee did was add two new provis ions to th e limit ed use, whi ch is lot fro n1 age and bui lding requirements and th en modified on how we !hen im plemented th ose two pa n ic ul ar ne w secti ons. O1herwi se. th ere we re onl y edit ori al co mment s as fo r as tweaking the language in th e fir st ten pro vi sions. Mr. Graham sa id th e site plan item wa s eliminated from 1he fir st to the second ve rsion. Counci l Member Brad shaw said and did we have nn implememati on period before ? Mr . Graham sa id the implementati on in th e fir st ve rsion ;s in the boxed te xt and I thi nk what we rea lized on th at was it add re ssed a period th at we had n't inlcnded 10 add re ss whi ch was ... it see med to exempt businesses fr om zero to fi ve years when in fac t there is an under slanding th al th e Committee will co ntinu e to mee t and ad dress th at iss ue in 1hc fu\U~C . You look qu izzical so let me expand 01 . 1ha1. Mayor Ga rre ll said fro m my per specti ve, and it is from my pcrspeclive , th at what we are tryin g to do is co mpare what we did ve rsus what is current law. There was an int eri m ste p that I think had sev eral 1hings that ma ybe were • • fl awed. Curre nt law has a limited use provi sion . .So, if so mebody has a change in use. the y mu st co mpl y wi th the • limited use provisio ns curre ntl y. That is th e way it is set up . So what we did, was add two ad dit ionul prm·isinns for car dealerships th at have n't eve r been in pl ace or had bee n da rk for so me time, which is 1hc lot requirement which is 75 fee t , whic h wa s not in current law and a buildin g cod e bri nging things up to Buildi ng Code rcqt•iremc n1 s. whi ch was not in curre nt law . Th at is what th e Co mmin ce wa s attemp ting 10 do ... is 10 rnisc the ba r fn r businesses co ming in that were new. • • • EL :glcwood City Council December 6, 2004 Pa ge S Mr . Grahnm sai d th ere is support in the Broadwa y Plan ror in crea sin g th e fr on1a gcs of bu sine sses to increase 1hc ci rc ulati on alo ng Broadway and th e pede stri an friendlin ess of 1hc street and !here is support for. as we undcrs1ar.d it fr om the Cou ncil . 10 have the bu il dings e it her broug ht up lO Code or eliminated , rather than boarded up when th ey arc used in conj unct io n wi th th is use. Co uncil Membe r Bradshaw sa id ze ro to five yea rs. co uld you just go through that one more time? Mr. Graham said under th e original ordinance. lhe sec o.'ld column was zero to five years since th e auto sa le or rental use on the st\me propcrt y ... therc were no requireme nt s fa, th ose busines ses. Under the seco nd versio n. th e: imp leme ntation language is under B. 1mplcmcnlation Periods for Automobile Sa les or Rental Use Specific Standards . Th ere are onl y two things in that implementation, (I) is ir the use occ urred pri or to Janu ary I, 1995 then they aft" subjccl 10 all or lh e rcquiremc111s or the ordin ance and provision (2) was if the y were licen sed by the State after anuor y I, 1995 , but have bee n d:i.rk for the fi ve yea rs prior to applyi ng for the limited use provision, 1hcy are sul :jcct to everythi ng except for 1he lot fro ntage requireme nt. Ms. Brad shaw sa id th ank you Mark. Counci l Member Woodward said in number 2 it says ... ha s no t been lice nsed to operate an automoti ve sa les or rcnial use for th e five year period pri or to the dat e of appli cation fo r limited use . Docs this mean fo r any time within th at five ye.t '" period o r for the who le five year period? Mr. Graham sai d it mean s fo r any time withi n !h at five year period and th e reason for attac hing th e requireme nt s for a dealership from !he Department or Reve nue web site wo.s to give th e Counci l some idea of the requ ireme nts that tha t en tails. That basically they ha ve to be open, once licensed, for 12 hours a week as a minimum, they ha ve to po st sign age and so fort h in order 10 ma int ain a li cense so th at for the period they arc open they had to meet rhesc requirements . Mr. Woodward said thank you. Cou ncil Member Woodward said back in A 12. Build ing,t;, ii state s in that second line at th e end th ere ... new or existin g buildings shall be brought up to the curren t specific codes adopted by :he City ... and th at mean s all buildings on the property whether they arc goi ng to be utili zed for th at business or not. So either th ey are goi ng to be brough1 up to Code or remo ved? Mr . Graham said yes, that is my interpretation of it as well. Mr. Woodward said okay. And the I.is l ilem I have is under B No. I ... if an auto use has not exis1ed ... au to use , I do n't find defined anywhere within the text here . I guess I am proposi ng that it should state ... auto sa les or rental use ... like the res t or 1he document. Mr . Graham sa id ye s, I think thal is correct th al it should ha ve said au to moti ve sales or renta l use, as !h at is clearly th e intent. Co uncil Member Bradshaw said so that need s to be chan ged? Ma yor Garren said yes. we will ma ke that a ch ange. Ma yo r Garre tt said are there any 01hcr que sti ons for Mr. Graham . Counci l Member Bradshaw said what is the differen ce'! You sent us a report from 1997 ... the properly d;fferen ces in the number of 'I ulo uses o n Broad way from 1997 to 1cxlay? She said could you jusl summari ze that fo r the record? Mr . Gra ham said really there were just a co uple o f iakc -home me ssages there. One was there were only two few er auto dealers in 1997 . However. the turn ove r am onJ? the dealerships amo unt ed 10 abo ut a third of all th e dea lers had changed n:i.mcs or addre s .. es or loca ti ons durin g ,ha : period . Su I think what you cou ld glea n from !hat is tha t there is a fa ir am ount of apparent turnover of auto dea lerships on th e street . but yo u w1 1\ find them mos tl y o n the same lots with different addresses , a coupl e o f numbers one way or the ano th er. II loo ks lil:e th ey too k a new address to 110 1 be co nfu sed with ,;,c prev ious di,:alership . Ms. Brad shaw said oka y. !hat was conru~:n~. Mr . Graham said there were no ma tches wi th tho se dea lers be tween th e address li sls, so there is going to be so me art to the ad mini strati on of an ordinance th at trie s to det ermine whether they were there in 1995, because fr eq uen1ly !h ey take new add resse s even whe n they go on the same property. Ms. Bradshaw said we ll if our surve y only goes ba ck to 1997, is what I am sayi ng, we knew exactly what wa s there . Did we'! Mr . Graham sa id in co njunc1ion wi th the 1997 Broadway Plan, we hnd inve ntorie,J a number or uses including aut omobile sa les nnd rental uses. Ms. Brad shaw said and that is an accura te number ? Mr. Graham said 1hat was based o n a ground surve) in 1997 . Ms. Bradshaw said so pri or 10 1997 we have no knowled ge, so so meone could say 1995 and we have no rec• rd . Mr . Graham sa id the Cit y does not have a record and l bel ieve what ,, " lying on here is fo r 1he app licant to provide a doc ument fr om th e S1111c Departmenl of Reven ue show 1 .. t 'they had been licensed as an aut omo bi le dealer . Ms. Bradshaw said oby, and th ank you Mark . Englewood Cily Cou ncil December 6, 2004 Poge 6 Mayor Garre tt sai J arc th ere any more questions fo r Mr . Gra lrnm . There were none . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I). COUNC IL DILL NO . 44 WITH ONE AMENDMENT· 3 (b) (I) "IF AN Ml'l'O-\JSE AUTOMOTIVE SALES AND RENTAL USE HAS NOT EXISTED S IN CE JANUARY I, 1995 ... " AND TO SET THE PUBLIC HEARING FO R DECEMBER 20, 2004. COUNC IL BILL NO . 44. INTRODUCED BY COU NCIL MEMBER WO LOSYN A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 5. SEtTION 2. SUBSECT ION C(J) (a). OF THE ENGLEWOOD MUNICIPAL CO DE 2000, PERTAINING TO STANDARDS FOR AUTOMOTIVE SALES, RENTAL. STORAGE. PARKING USES AND. ADD ING A NEW SUBSECTION (b) PROVIDING FOR IMPLEMENTATION PERIODS . Mayor Garrett asked if th ere were any comments, questions or di sc uss ion. Counci l Member Brad shaw said I would like 10 see the date changed , as a proposa l for Co uncil Bill , in 3 (b) I and this is a proposal so you guys decide what you wanl 10 o., .if an auto use has nol exi sted sin ce Janu ary I, 2000. She said and I would like that also 10 be in 2. Is 1ha1 the correct place, Dan ? Ci ty Auomey Brotzman sa id yes. you wou ld need 10 modify bo th . Ms . Brad shaw sai d to modify bo th to say 2000 rather than 1995. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO AMEND THE JANUARY I, 1995 DATE IN PARAGRAPHS J (b) (I) AND J (b) (2) TO READ JANUARY I, 2000. Counci l Member Wolo sy n said I am not going to vo te for thi s, although I can agree wit h it and see the value, there has been a lot of di sc ussio n in good faith that I would like to sec go forwa rd in the future to deal with the existing and upgrade things on a more macro level. Ma yo r Garre ll said also because the Co mmince put a lot of time and energy into try ing to come up wi lh a compromise. The purpose of 1he Committee was 10 create a dia logue and comp romi se and lry 10 co me up with so me1hing that is workable . And, I think the 1995 date is a wor kable sol uti on for what I ca ll th e enhanced req uireme nts that were put in for the auto dealers . Co un cil Mcm!:ler Barrentine sa id I wi ll also be voting against it , because of th e integrit y of the Commiuce . They put upon them selv:s vo luntaril y, in the spirit of cooperation and community, to hold themsel ves to a hig her standard than whal we were ex pecting and 1hat deserves so me com p·omi se and some co nsidcra 1ion for 1,1 ,. wo rk that has bee n done and fo r what lhe y were will ing 10 give up . In whole, I di sagree that this was necessary. I bcii :-•·e thal we ha ve llnfairl y targeted an industry 1n thi s community. The 1997 Broadway Plan ex toll ed th e virtue s of ha vi ng car den iers in !hi s community and for the long period that th ey have been here and par! of thi s co mmunit y and cont ributed linandally as we ll. Bui , th ey came 10 th e tabl e. th ey agreed to hold the1 nse lves to a higher sta nd ard in exchange for so me co nsiderati on and I am nu t goi ng to lake that co nsid erat ion awa• fr om them at thi s point. Ma yo r Ga rrett asked if there were auy e ther comments . There wi:.·e none . Vote resu lts : Ayes: ~c-unci \ Membe rs Bradshaw, Woodwa rd, Tomasso Nays : Counci 1 Members 8arrcn1in e. Moore. Garrett. Wolosy n, Moti on defeated. Mayor Ga rrell sai d now we go bac k to 1he orig inal bill which is Co unci' Bill No . 44 .• which is on th e tabl e. Mayor Ga rrett ;1sked if there was any discussion . Cou ncil Member Brad shaw sa id I wi ll be votin g for it. fo r purposes of di sc us sion at the Pub li c Hea rin g. • • • • • Eng lewood Clry Council December 6, 2004 Page 7 Vote resul ts: Mot.u n carried . Ayes : Co unci l Members Barren tin e, Moore, Brad sha w, Ga rrett , Wolosyn, Woodward, Tomasso Na ys: None lii) Director Bl ack pre se nted a reco mm endati on fro m the Parks a nd Rec reatio n r.>cpa rtment lo adop! • bill fo r an ordi nan ce aulhorizing an "Exc hange of Fcrmancnl Ease mcnlS " bclwccn Di ana & Lt igh Bray and the Cit y of Engh:wood located at 620 East Bates and Bates Logan Park along the City Ditch. He sr 1d as we discussed in the Council Study Sessi on. I think thi s ordinance is a benefit, not onl y to Mr. and Mrs. ~ray but also a benefit to the City of Englewood . We were able to maintain access to the City Ditch. We were at.!~ to mai ntain so me additiona l turf in the park and we were able to maintain some of the trees that were currentl y loc/ilcd in Bate :; Logan Park. Mayor Garren said arc there any que sti ons fo r Mr . Bl oc k. There were none. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENll JT E/ • 11 (a) (JI) -COUNCIL BILL NO. 31. Ma yo r Garrett as ked if 1here was any di sc ussio n. There was none . COUNCIL BILL NO . 31 , INTRODU CE D BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AN "E XCHANGE OF PERMANENT EASEMENTS" BETWEEN DIANA & LEIGH BRAY AND THE CITY OF ENGLE WOOD, COLORADO IN THE VICINITY OF BATES LOGAN PAR K AND THE CITY DITCH. Vote results : Motion carried. Ayes: Counci l Membe rs Barre nt ine, Moore, Bradsha w. Uarre n, Wolosyn , Woodward, Tomasso Nays : None (iii) Directo r Gryglewicz prese nt ed a recommendation from the Finance and Administrative Services Depa1.mcnt 10 adopt a bill for an ordinance rescindi ng the previous intergo vernmental agreement and authorizing an amended intergove rnmental agreement with the Arapahoe County Commissioners pcnaining to th e Arapahoe County Open Space Tax Sh arcback Fu nd s. This bill for an ord inanct· resci nds th e previous intergovernmenta l agreeme nt that was passed on fin al reading August 16th of 1his year and passes a new amended inte rgovernmental agreement with the Board of County Commi ssioners, County of Arapahoe, regarding the Open Space Tax , which was approved by the vo te rs S ovember 4, 2003 . Th e only change from the original agree ment is the co llect ion a nd remittance of Building Use T.ix of a quarter pe rcen t. And to clarify , th at is collec ted by the City and remiued monthl y to the County and the fun ds from thi s are re mitted to th e Cit y an nuall y. I belie ve o ur fir st di s1ributi on will be 1he 17ui of December. Ma yor Garrett sa id arc there any ques ti ons fo r Mr. Gryglewicz? Cou ncil Member Bradshaw sa id so we rem it it lo th em mo nthl y and they keep it for 12 months and then give it back to us? Mr . Gryglewicz said yes . Ma yo r G11ITett said in fai rne ss it is onl y 11 months . Ms. Brad shaw sa id I know, we ll I think the original agreeme 1. was that that would happen maybe the fir st year. Mr . Gr yg le wicz sai d 1 be lie ve the di stributi ons will be in June in the co ming years ... only December this fir st year, that is my unde rstanding . Ms. • Bradshaw said but not quarterly ? Mr. Grygle 11.1cz said not quarterly, no. Mayor Garrett said arc there any other questions for Mr . Gryglcwicz . The re were no ne . Ma)'vr Garrett th anked .'41-. Gryglewicz . Eng lewood C ity Co un ci l December 6, 2004 Pa ge 8 COUNCIL MEMBER DRADSHA W MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA IT EM 11 (a) (Iii)· CCUNC IL DILL NO. 63 . COUNC IL BILL NO . 63, INTR ODUCE D llY COUNCIL MEMllE R llRAD SM AW A BILL FOR AN ORD IN ANCE RESC IN DING AN INTERGOVE RNM EfH AL AGREEMENT WITH THE BOARD OF CO UNTY CO MM ISS IONERS OF Tl IE COU NTY OF ARAPA HOE AND AUTH ORI ZIN G AN AMEND ED INTERGOVERNMENTAL AGREEMENT PEl!TAINI NG TO "OPEN SPACE" TAX SHAREBACK FUNDS . Ma yo r Garren as ked if th ere wa s any disc ussio n. There was none . Vote results: Motion carried. Ayes: Counci l P~embcrs Burrcn1in l!, Moore. llrn d!.hnw , Garre n. Wolusyn, Woodwant, Tomasso Nays: None (iv) Director Kahm presented a re co mmend,11ion from 1he Publi c Work s Depnnmenl 10 adopt a bill for an ordina nce 10 approve an agreement with General Electri c Cnpilnl Busines s Assel Funding Corpo ratio n regarding the land lease wi1h Roc ky Moun lain MOB, LLC. He sai d in the 2002/200'.\ j rea, th e Ci ty so ld 10 Devel opment Solutions the old City Hall site for 1he deve lo pment of a med ic al fa cility . Later, Di.:velop ment Solution s turned that over to Rocky Mountain MOB. LLC . In 2·J03 MOB. LLC Roc ky Mountain cnmc to the City • and asked to lease the propcny nonh of the new Englewood Parkwa y that was ac tually ab and oned Girard alignment • and Gi rard right-of-way . Now that the project is comp lete, General Electric Capita l Bu sine ss Asset Funding wil l be providing the permanent financing and thei r loan is to be sec ured in part by the righ1s . title and interest under that lease . The lender is requesting an agreement wilh the City that pro vides them rights and no 1ificn1i on in case of defau h, forecl osure or lense termi nati on. Mayor Garrett said are there any questi ons for Mr . Kahm '? There wero none. COUNC IL MEMBER BRADSHAW MOVED, AN D IT WAS SECOND 0, "0 APPROVE AGENDA ITEM 11 (a) (h-) • COUNCIL BILL NO. 66. COUNC IL BILL NO . 66 . INTRODU CED BY COUNC IL MEMBER BRADSI-IA '.V A BILL FOR AN ORDINANCE AUTHORIZING AN AGREEMENT BETWE EN uE NERAL ELECTR IC CAP!TAL BUS INESS ASSET FUNDING CORPORATION AN D THE CITY OF ENGLE WOOD . CO LORADO REGARDING Tl-IE LAND LEASE WITH ROCKY MOUNTAIN MOB . LLC . Ma yor Garreu said is !h ere any di sc ussio n. There was none . Vote resu lts: Ayes: Cou ncil Mem be rs Barrentine, Moo re , Brad shaw . Ga rrett , Wulo~y n. Wood ward, Toma sso Nay s: None Motion carried. (b) Apprm·al of Ordinance s on Second Reading Th ere were no ilems submitted for approval on seco nd reading . (c) Reso luli ons and Moti ons (i) Plan ner Vobori l presented a recommcndal io n fr om the Pu blic Works l)cp:1rt mcn1 and Co mmunity Development Depanment to ad opt a reso lu ti on approvi ng the Ma~lcr 13 icyd c Pi nn and :is~ucrn 1cd • • • • Englewood C it)' Council December 6, 2004 Page9 uddcnd um to Rondmap Englewood : 2003 Eng le wood Compre hen siv e Plan . He sa id tonight, on beha lf of the Publ ic Works and Co mmunity Devel opment Dcpar1m cnt s, I res pe ctfully submi1 the fi nal version of the Ma ster Bi cycle Ph n Doc um ent and the Ma slcr Bicycle Plan Addendum to the Co mprehensive Plan, to Cit y Co unci l, with a re. ummcndati on for approva l and adoption by re so luti on. The Ma 5lc r Bicycle Plan is intended 10 serve as a visio n or .:. i..:Jmp rchcnsi vc bicycle route and trai l system th at looks out im u the future, ove r the nex t twen ty yc:a rs. Th e Ma~tcr U1 .:yc le Plan prc sc niit a complete se t of projects th at can be imp lemented to ac hie ve !he twent y yea r vision. Tile Ma ster Hicycl c Plan is designed to be a fl exible doc umcnt...meaning that slight chan ges ca n be made to punicular projects in the design phase if necessary . And finally the Master Bi cycle Plan addendum to th e Co mprehe nsive Plan se r,•cs as a reader's digest version or the foll blown document . The Master Bicycle Plan was reviewed by the Englewood Tran spo rtati on Advisory Committee, as well a.s the Englewood Parks an d Recreation Commission. A Public Hearing was held by the Englewood f-'lanning and Zo ning Commission on the Master Bic ycle Plan . The Commission found that the Plan is consi stent with 1he goals and objec ti ves or the Comprehensive Plan and the Commission appr"ved a motion to forward the Master Bi cyc le Plan on to Council wi th a recommendation for adoption and approval. At thi s time I would like to acknowledge so me or the people who worked on the Master Bicycle Plan . The lead staff person fo r the Master Bicycle Plan representing Publi c Work s was Wend y Weiman . During the last coup le of month s Wendy Weiman has resigned from the City. Just prior to Wend y leaving the City , Wendy's boss the former Public Works Director Ken Ross nlso re signed from the City . In light or rhc staff changes, it was very imponnnt to take th e Master Bi cycle Plan back to the new leaders hip in Public Works in order to make sure that we have their support for thi s Pinn, before we brought it bar:k to Council. And so, we submitted the Master Bicycle Plan to the new Public Works Director Rick Kahm for hi s appro va l and to allow him to study the doc ument. He and hi s staff re viewed this document and they came back 10 us and indicated that the Public Works Dcpanment gives full support to this Mas ter Bi cyc le Plan and that there i~ no reason why the Plan cannot be forwarded to City Co uncil for approval. In light of thi s. Ri ck Kahm appointed Ladd Vestry 10 r-.!p lac e Wendy Wieman as th e lead staff pers on for Public Works on thi s project. Ladd Ve stry is here in the audience tonight . He said I would just like 10 now bri efly go ove r the method ology that we used for de ve loping the Master Bicycle Plan. First off. we staned off by identifying what we have today ... the existing bicycle routes that we have, the existing trai ls we have , as we ll as any planned trail improve ments that are alr~dy in the pipe line . We use that as 11 base 10 start from , which then we could fill in the mi ss in g ga ps in the syste m. Looking for the missing gaps, we identified so me new routes that will co mpliment the exis ting route. We looked. spec ifi ca lly , at regiona l routes in neighbo ring cities !IO th at we con nect into !hose ... in Denver, Littlet on and Cherry Hill s Village . We also looked at identifying locul des1inations that we felt that bicyclists wou ld like to travel 10 in the community and that is including Englewood Civ ic Center/CityCcntcr Englewood , Downtown Broadway, Light Rai l Sta ti ons, Sc hools, Parks and Recreational Facilities. We also id en tified new strategic trail t:onnections. The y arc also identified in !h e Comprehen sive Plan, including a pede strian bridge that would link Civi c Ce nt er wi1h the Spons Auth ll rity ac ross U.S. Highway 285, as we ll as a pedestrian tunnel that would tunne l under Sanla Fe and link Civic Center with the South Plane River . We al so identified another strategic connection ... th e GIW Trail that wo uld be a potential trai l tha t would connect Civic Ce nter with the GlW propc ny . He sa id and then finally we also looked at bicyc le amenity improvements that we could imp lement 1hroughout the community . That would indude the following: 1he produc1ion or bicycle routes and trail maps I hat could be dis tributed throughou t 1hc co mmunity ; video detecti on at signali zed intersec ti ons; the identification of bicycle parking di stri cts in cludin g the Broadway Corridor. Swedi sh, Craig Medical Center, Ci tyCe nt cr, ind ustrial area so uth of U.S. 285. and Englewood parks. We. also loo ked at 1hc establi shment or a bicycle air stati on at Civic Ce nter and also ped estr ian light cross ing timers at va rious in1ersec1ions wi1h U.S . 285 and Santa Fe Drive . And now, in co ucl usio n, l wou ld like to concl ude with 3 key poi nts that support adoption or the Master Bic ycle Plan as a supporting docu mc111 l u the Com pre he nc;ive Plan . I) The Mn s1cr Bic ycle Plan adeq uately conforms to th e policy direction s expressed 1n 1he tran sporlah'm _;oa ls and objectives or the Com preh ensive Plan. Trnnspo nation Objectives that arc implemented by thi s Pl 1.1 n include th e following : Objective 1-1, emphasize cap , nprovemc nt s to bicycle mode s or 1ranspor1a 1ion, Objective 1-4. ma xi mi ze travel mode choice oppo rtunitic~. Ji.:ctive 2-3 . improv e air qunl ity and reduce fo ss il foci us age, Objective 2-4, increase awareness or bicycle safety iss ue s, Objective 4-1. Create continu ous non -motori ze d conneclions, Objective 4-2. improve bicycle facilities und infrnstruc1ure and Objective 4-5, ac hi eve community intcgralion through th e design or a full transportation network. 2) The Ma ster Bicycle Plan is suppor tive of po licy di rection s suucd in other sr.ctions of the Comprehensive Pla'l. Parks and Open Space Objecti ves 4-5. 5-!, 5-2 , 5-3 , ca ll for new trails as a sig nifi can t part or open =!lac planning, ns well as provision of connec ti ons between key rccrca1ional land s and facilities. Bu siness and Emp loy ment Objective 3-4. ca ll s fo r greater bicycle ori entation wi1hin and be tween commercia l di stricts, residential areas, and ot her co mmunitie s. Enviro nm ental Quality Objec ti ve 5-1, ca ll s for the promo1ion or environme ntall y-friendl y alte rn atives 10 the automobi les, includin g bicyding. and fin all y Metro Vi sion 2020 Englewood Clly Council December 6, 2004 Page 10 Re gional Coope r:11i on Objectives 2-5, 2-8, recog nize chc l1111Xl rll111cc of bicyl'lc planning in th e loc al comprehen sive plans Jnd call for the cnhanccmcn 1 uf 1hc 111trac1lvcne i.s and co nvcmc ncc of non-mo1orizcd mode s in serving non- recreational trave l. 3) The Master Oicyc lc Pl an is reasona bly cu mplc1c and comprehensive . The Ma ster Bicyc le Plan addresses bot h the on -street bicycle route system . as we ll as 1hc off-s1rcc 1 bicycle truil sys tem . The Pinn ide ntifies key mi ss ing links and tries 10 fill in those gaps :ind fin111ly th e M11s1cr Bic ycle Pinn add re sses bicycle amenity improvements th ro,;ghout the co mmunll y. Mr. Vobo ril sai d thi s co ncludes my prc scnlnli on on th e Master Bic yc le Plan a11d now I would like 10 e:<te nd an in vi 1u1ion 10 'ou1:c 1I 10 di sc u~s nnd (.'0 mment on the Plan . Mayor Garrett sai d arc there any qu es ti ons for Mr . Vobonl. There we re none . Cou nci l Member Bradshaw sa id well done John . The South Subur ba n Park Founda1ion gave us a $25,000 .00 grant, wha t is the progress on that ? Lauri Dannemiller 5aid Mark Graham has been working with Swedi sh and Bo b Sca1 ns to develop that Plan and to exte nd upon that $25 ,000.00 to look to Arapnhoe County for some ndd ili onul gnin1 funding nnd other so urces to utilize that money. Ms . Bradshaw sai d for a fitn ess tra il? Ms . Oannc rr1 l1 cr said th at is the initial thought. I think we arc goi ng to look ill also doing some extensive signagc impro vc rt.•t--t 'I in 1h111 area to add to the fitne ss clement Ms . Bradshaw said good , thank you . Mayor Garrett said arc there any other questions ? There were none . COUNCIL MEMBER TOMAS.SO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA IT EM 11 (c)(I). RESOLUTION NO. IOI, SERIES OF 2004. Mayor Garrett said is there any discussion . There was none. RESOLUTION NO . IOI. SERIES OF 2004 A RESOLUTION ADOPTING THE CITY OF ENGLEWOOi:> MASTER BI CYCLE PLAN AS AN ADDENDUM TO ROADMAP ENGLEWOOD : 2003 ENGLEWOOD CO MPR EHENS IVE PLAN . Vote results: Motion carried. Ayes: Council Members B,mcntine, Moore , 0radshaw. Garrell, Wolos yn , Woodward, Tomn sso Nays: None 12 . Genera l Discussion (a) Ma yo r's Choice Mayo r Garre tt di<:I not have an y mallers to bring before Council. (b) Council Members ' Choice (i) Council Member Barrentine : l . She said I have had a co uple CJf comp la ints over th e: pasl fe w weeks abo ut our inoperab le veh ic le ordi nance and I have a couple of copies where some addi tiona l informati on ha s been written on !here and so I nm going 10 be wking that to Code Enforcement fir st, 10 see what 1hc Board ',. opinion is . But , jw1 to give you a head s up , 1he iss ue is coming up aga in and I want to sec whether they don't think ii is good enough ... whcl hcr 1hc lnnguuge is n'I enoug h to explain it, wh ether people arc having more questions. But there is concern , so I'm going to be laking II and we will 1akc it up at the Board meeting and th en I will bring it back and tell yo u what is hap pe ning fr om 1hcrc . ., She said I want to say thank you very much to Chri s Olson and the Poli ce Ocp11r1mcnt fo r tlu s horrendous last week that you gu ys have been through and. as usual, at lcasl fo r the littl e r,ver a year 1h01 I have been on '11 y • • • • • • Co uncil ~ Co unci l, yo u handled yo urse lves wi th 1hc profoss iunal ism and honor 1hat I th ink thi s commu nity deser ve~ an d I am vt ·v proud, once :,gai n. of how cvcrytlling has been h11~d lcd. I run saddened 1hat it is necess ary and i1 seem s 10 c~1•1 ... 111 li1t!~ ~unchcs fo r yo u, but I am very proud of the wa y )'OU guys handl ed it. thank yo u. 3. She said I waJt lcd 10 al.;o ext C'nd 10 Mary Whit e, our Deputy Ci1y Cl rrk, who is still di and undc,gu mg t,t.tM:ent tha t she is cc r1 ai nl y in my 1hough1.-. and prnycrs . \V e mi ss he ; wr :iuct1 on th e Liquor Licen sing Board, as we ll us in th e Ci1y . I hope .;he ha s a speed y recovery and ca n come i,a .,;.i. 10 us ,..x,11. (ii) Counci l Member Brad shaw sa id right before Thank sg ivin g, on my street. we had a wa tt:r mam bre ak, bu l it hadn 't hroken where lh ey 1hough1 ii was bubbling up, ii broke up funher . The street crew did a phcnuin::nal job and l jus· want yo u 10 co ,wey that to yo ur staff Ri ck, because it was a mes s and they handl ed it \>cry. very we ll . So, th ank yo u. (iii) Co uncil Member Toma sso: I. He said I would like to announce tha1 Olde Town Englewood is ha vi ng a Holiday Festival thi s Saturday sta nin g at 2 o'clock . They are go in g to have two Santas ... an Ame rican Santa and a Fm nish Santa. Th ey arc going to have musicians strollin g around playing gui1ars . There will be guitar music and acou stic musi c. So , th at is happening Saturday. Thi s is the prev iew of the insert fo r Friday's paper. It will be in both pape rs fo r the zip cod es of th is area. so that our citi ze ns will know about it. 2. He sai d there is a fl yer that Olga has on an au to show thi s summer on the 2fd of Jul y and I hat if the Cit y can add so me assi ~tancc 10 he lp th e merchants along, th at wo uld be great . (iv) Co uncil Member Woodward : I. He sai d u co up le of weeks ago I did a ride-a long with Offi cer Mike O'Connor on a Friday eve nin g fo r a 10 hour shift. At th e end of that shift . alth ough I was told lh at it was n't a really busy night , I cc na inly ltad more of an appreciati on for the stress th3t our po lice offi cers . prob ably all po li ce officers. expe rience throu gh every shift. I seco nd wha t Laure n says about what a great job you have done espccin ll y ove r the past week nnd a half/two weeks with all the thin gs th at have gone on. 2. He sa id also wi th Safety Ser vices I want to thank Gary Condrea y and Jeff Sanchez for getti ng th e answers on th e que stions that ca me up regardi ng cats and hi s re searc h and mee ting with the citi ze n and laking ca re of th e problem. I was !Ol d by thi s individual th at we were all gell in g a ca ll so I am sure 1ha1 everybody knows \\hal l am talkin g aboui wit h re ga rd 10 lhat. 3. He sa id also thank s 10 Jeff Sanchez and Maril yn Lamb for laking ca re of a probl em of aband oned tra sh and furniture at a house on Sou th Pennsy lvania in th e 3900 bl oc k. Marily n had to ge t in touch with an out of town mortgage com pan y, during Thanl;:sg iving . 10 ge t that cl eaned up and by 1hc fo ll ow in g week, Mond ay or Tue sda y of the fo ll owi ng week, it was taken care of. 4. He said and fi nall y I wa nt to express my co nd olences to th e family of Christopher Sewe ll who wa s kill ed yeslerday in a crn sh of a ca r fr om an all eged ba nk ro bber coming out of Englewood . (v) Co uncil Member \Volrn:y n: I. She said on Saturday we had lh e annua l Holida y Lightin g/Eng lewood Shines . As always, staff did a great job. There were quit e a few chi ldren here 10 gn:cl Sa nt a Claus and so me stayed aro und to help us lighl th e tree . 2. She sa id the Holiday Fair ove r at the Recreati on Ce nter, fo r the seco nd yea r in a row , the Cultural Ar is Commi ssio n and Englewood Art s parti cip ated . We so ld some work and all that mone y goes in to programmin g .. all the proceeds that we made . 3. She said thi s 1hing abou t the merchants of Olde Town, through Ted's the y arc working with ACE , so I think that it is better to ke ep any discu ss ion of co ntributi on co ming out thro ugh the Co mmi ss ion. Mr . Toma sso said Englewood City Council December 6, 2004 Pogc 12 I just th ought we co uld ass ist. She sa id I lhink it is grc111 fo r us to hear abo ut it , but I think we will be hearin g about it more th ro ugh that ve nue. . .... Co uncil Member Woodward sa id I wan t to say how greai CityCcntcr looks with the tree and all the lights. If you have n't see n it , it is quite spec tacular . Ri ck. yo u and yo ur crew did a great job. Thank you. 13. City Manager's Report (a) City Mana ger Scars sai d I want to say thanks to the Counc il fo r express ing your nµprcc iali on to the hnrd working people that we have around here . ;c do pass that in rormat io n on and I know that our employees do appreciate it. He sa id I also want to seco nd the comments abo ut S:.iety Services ... peop le have, really, j ust been very respon sive. (b) Ci ty Manaacr Scars said Mr . Gordon was here earlier . I just want lht: Co uncil to know that this is be in g dealt with . We will deal with this on a fair basis . Sergea nt Condreay and Jeff Sanc hez are invo lved wi th thi s and we wi ll go through thi s in detail and pnvide in forma tio n 10 the Ci ty Counci l. 14. City Allomey's Report City Attorney Brotzman did not have any matters tc bring before Council. 15 . Acijoumment The meeiing adjo urned at 8:30 p.m. • • •