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HomeMy WebLinkAbout2003-03-03 (Regular) Meeting Minutes• • I. Co ll to Order ENGLEW O JD CITY COUNC IL ENG LEWOOD, ARA PAHOE COUNTY , COLORADO Reg ula r Sessio n March 3, 2003 The regular meeting or 1hc En glewood City Counci l was call ed 10 orde r by Ma yo r Brad shaw a l 7:32 p.m. 2. Invocation The invocati on was given by Co uncil Member Nabh olz. 3. Pledge of Allegiance The Pled ge of Allc :-:iancr wa s led by Mayor Brad shaw. 4. Roll Ca ll Prese nt: Absent: A quorum was pr~scnt. Also prese nt : 5. Mlnutl'S Co uncil Membe rs Nabho lz, Moo re. Grazulis. Ga,ctt, Wolosyn, Yurch ick, Brad shaw None City Manager Scars City Attorney Brotzman Assi stant Ci ty Manager Flaherty Ci 1y Clerk Ellis Director Ros s, Public Wo rks Planner I Fruchtl, Co mmun ity Development Senior Planner Graham, Co mmunit y Development Director Eato n, Human Resources Director Olson , Safety Services (a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED , TO APPROVE THE MINUT ES OF THE REGU LAR CITY COUNC IL MECTING OF FEBRUARY 18, 2003. Mayor Brad shaw asked if the re was any di sc uss ion. There wa s none . Vo te results: Motion carried . Ayes : Co uncil Menbcr~ Nabholz. Moo re , G11rrett . Wolosyn , Yu rchic k. Grazu lis. Brad shaw Na ys: None 6. Scheduled Visitor, Th ere were no sc hed uled vi sitors . 7. Unsched uled Visitor, Englewood City Co uncil March 3, 2003 r age 2 (a) Ma yor Brad shaw !>aid Mr . Kozacc k :md I spoke thi s afte rnoon :and I asked th at he co me to 1hc meet in g and spea k to Co un ci l. Mr . Ko1.acc k prcscn 1cd Co uncil wi th i,,o mc pi clurcs. Ga ry Ko z.acck. 1260 Wes t O:tfo rd. sn id I have lived there furc\'cr, my grca1 -g rca1 gra ndpa re nts homesteaded th e land . I have received so me paper wor k fr om th e Ci ty. basicall y threatening me 10 have to remove a tree that is too d ose to a fire hydrant . I don't di sag ree th at the fire hydrant is ino perahlc, beca use th e tree ha s grown ro the point whe re ii rnkc s a sho rt han dle, which th e Englewood Fire Dcpartm.~nl does r :u ry . We ha ve discussed thi s for ~ell o ver a year. beca use it is right across fr o m th e Meadow (,o ld Dairy. My prob lem wi th rhi s. as you will sec on th e la st pa ge, is 1hc cos t. The tree was 1hcrc before I w:i ,;; born and I am 5 1 yea rs old . We can at1cs 1 1h:u we home s1cadcd 1his land pri or 10 ii eve n being a pnrl of Englewood , We have given up , 1wice. land 10 th e City of Englewood j us110 go down Oxfo rd . Once, ini1iaHy, for Oxfo rd and 1hen lhe widening of Oxford. And we ha ve give n up land . to go up Lipan ., .a greal deal of propcrty ... when we moved up Li pa n. ·i s ti re hydran t was pl aced the re way after 1hc tree ~ad grown , 11 wa s we ll ove r 30 years old when 1he fir ! , drant was pla ced a1 that loc ation . I have no problem with the loc :ui on. My probl em is that the tree c Ai .•··.!d ahead of li me . The fire hydrant was not placed 3 feet away fmm it, ii is now 12 inches away . He ref. rl!d Cou ncil to th e photograp h. Photograph number one shows it is 12 inche s fr om rh e 1ree. Photograph number two is fr om th e sidew alk 10 where the ba se of the tree is . I used ya rd stick s in different colors so that yo u can s · .. what th e actual meas urement was. Photograph num tx-r three. show s from the fire hydra n1 to past , mid po int of the trunk of the tree. I told the Fi re Department a year ago, when they fir st approached 1 .. ...:, tha t 1 ca n give permissi on for the remova l of th at tree, bu1 if the City t urns aro und and wants 10 go ahead and try 10 fo rce me 10 ha ve to pay out of my pocket fo r 1he re mov al of th at tree, then I will ha ve 10 rake add it io na l ac tion on so methin g bei ng forced upon me . We have never bee n re imbursed , he sa id , nor was there any co mpensatio n given to us as we were promised. when we ga ve up Lipar .. Also. for giving up rhe prope rl y.• .: were not sup posed to be char ged for street pa ving or the cement sid ewalks . We have had 10 pay all of it. rial on ly once on Lipan. bu t we had 10 doubl e up aga in on Oxfo rd . So I've come to Cit y Co un ci l and I'm proposi ng that you co nsider it . As the letter stale s, I ha ve until the 14th • The tree will not be rem ove d at my expe nse, he said, unle ss the courts decide they wa nt tu make a decision on it anJ th en we wi ll sec where 1he grandfather clause co mes in on the act. Mayo r Brad shaw said I appreciate you co ming on such shor1 noti ce, but I think the se ve n of us need to he ar th is. Mr. Koz.acc k sa id no. that is fine . I ca lled the Ma yor and th e rea so n 1 wanted to approach the Mayor was 10 get 1he informat ion to you ahead of time . I 1hought pe rh aps yo u cou ld di scuss thi s in Stud y Sess ion. bu1 she as ked me ·.o pre se nt ii 10 all seve n of yo u. Herc arc 1he fa cts and if yo u nee d more I have plent y. I have the de eds fr om th e ISOO 's show in g my right s 10 th at properly . Thank you. he sa id . Ma yo r Brad sha w asked if th ere an y que sti ons. Th ere were none . She thank rd Mr. Kozacek. Ma yo r Bradshaw asked City Mana ger Sc ars. where do we go fr om here . Should we direct Staff to loo k at this ? Co uncil Member Ga rrett said we co uld take it up und er Co un ci l Membe rs' Choic e, it the e nd of this mee ting . Mayor Br:1d~haw sai d okay . In respo nse to Mr . Kozacck. Ma yflr Brad shaw ad vi~cd him th at Ci1 y Manager Scar s would ca ll him . (b) Do n Sey mour . 4750 Sou 1h Lipan, sa id I came down to ni ght to talk on thi s inope rable au1 0 thin g yo u keep talking abo ut. I ma y nm be here on April 2 1" as my wife is trying to ge t me 10 take her 10 Canad a for 30 days . Anyway . whi le I di dn 't homeste ad wh ere I'm at, I have been in town for 69 of th e 100 years we 've be n around . My mother was here sin ce 1906 and I've bwcn in th e house I'm in fo r 30 years a nd in th e neighborh ood for 44 and yo u just keep pushing me . yo u kn ow. I've pa red my ncc t from • • • • • • Englewood City Co uncil Morch 3, 2003 r oge3 probab ly 11 motorized ve hi cle s, 1ha1·s both fo ur whee l and 1wo whee l. down 10 abou t a hair dozen or so. You j ust keep pushing me, First. it is ta ke them off th e st ree t, so I take 1hem off 1'.1e stree t. put it on th r. law n. Th en, no it has to be hard pavement, so I pul the pavi ng s1011es und er th em ... being the agreeable guy I am. I've .sold th em off. I'm down 10 one that is cla ss ified as an inoperab le ve hicle. All fol.Ir tires arc up , it's painted al l the sa me co lor all the way arou nd . ii ho s a new ove r all engi ne 1ha1 has less than 500 miles o n it and it has an O\'erdrive un it in ii. whic h is not too shabby fo r a 1970 Will ie. I eve n wen t o ut a nd go l a blu e tarp and then I heard 1here were so me am ng you th at didn't like blu e tarps, so I though 1. we ll yeah. I ca n see that. So I got a green tarp, pul it on and ti ed it wi th ni ce bright ye ll ow rope, tied it up like a Chri stmas presen t I tried to do a neat job ... yo u know what I mea n? And now I sec, yo u arc ca lling my o pcrabk ve hi cle, an inopcrable ... bccause I don't ha ve a li cense on it. 11 is operab le , but I just don't have it li censed . What ca n I say? I th ink, and Mari lyn co uld atte st 10 thi s as she agrees, that an untarped vehicle doesn't loo k th at bad. Now, I inv ite any of yo u to drive by 4750 South Li pan and look . You can't eve n sec th e car until yo u arc right in front of the dr beway, because it is up agai nst th-: garage door . There are hed ges on bo th si des. And th e view from in front of my driveway is a solid cinderblock wa ll across the street. a rernining wal l. So ii isn't ruining the neighbors view. I want to tell yo u, plu s we se t high er th an th ey do anyway. I do n't kno w ... ca n we draw a line some place so that I'll know that I did th e right thing. that I'm safe? And put it bchinc' a so lid fence and then have t.> put a fitted cover over it ... now what difference d~s it make whether it is covered at all if it is behind a so lid fen ce? I'm serious. I mean, we we nt from the time when I would repl ace a trans mis sio n in the driveway at my mother's house to now and things arcj11st getting tighter and tighter around here . And we are still EnglewO<'d. If you don't believe it , park in sc lc1.~ed locati ons anJ look around you. I was al Frank '~ Pi zza on Sunday , sining there and looki ng around. I want to tell you, the view from there is awesome. at least, if yo u sit at that comer and look around . We are not Cherry Hi::s, we arc no< Columbine Country Club, we are not ,my of them . We are EnglewooJ. Come on. Some of us ha ve lived here forev er, at least foreve r fo r w:. And like , what would Estasil say? Give me a break . So, I will come back on the ::>.t" unle ss I'm in Canada. If so, then I will submit a written doc ument Tha11k you, he said . Mayor Brad shaw said thank you. (c) Jame s Johnson said thank yo u Mayor and Cit y Cou ncil Members. I wa nt to speak 10 yo u today about Liberty Day. I happ :ncd to peruse ove r yo ur agenda and I feel ve ry strongly abo ut thi s holiday, 30 I just wanted to speak to you fo lks about it. First of all, I wou ld like to thank you and the City of Englewood fo r supportin g thi s holiday. It is reall y a:. imp ortant holida y to me . I still ha,1c my FOC ket Co nstitut io n, which I carry ;:,round with me everywhere I've go ne fo r the pas t co upl e of years . I mean it is a document th at I be lie ve Vt-ry strongly in . Englewood is a perfect microcosm of how we shoul d be at the federal levc:i. The Mayor is the exec ut ive. yet she docs not have the power to make legi slati on alone ... yo u gu ys make it toget her . She ac t!. as, basicaliy. the PR rep rese ntati ve in an o ficia l ca pacity. she is the face of Englew uod , l;,1.1t she is not the dic tator of Engle wood, I r11ean, yo u guy s make the decisi ons together. But as lar as one man in con trol . okay ... nor talk ing about Bush spec ificall y, I mea:i, thi s goes across party iines, Bush, Clint on. does n't matter who. I worry th at when we have one perso n decid ing the fate of ou r Na1 io n, our foreign pol ic-v, thi s is precursor 10 di c1a1o rship ra1hcr than a reprc sen 1a1i,,e rc!public . Our nation was founded on 1hc pri nci pal that ou r rep resenlative s, Co ngress. together ca n decide the direc tio n of our fo reign po li cies for our co untry. Article I, Sec ti on 8, or the Cons titut in n says. Congress has th e powe r to make war. There has not bee n a Congressiona l Decl ar atio n or War since World War It. Okay, there is so mething ca ll ed, the War Powers Acts. but th at ~~tc!s the President can send 1roops fo r a ma ximum of 60 da ys to any con ni ct he dee ms a co nni ct. Okay, 60 days maximum . At that poi nt , he mu st bring th em back, unl ess th ere is a for mal Dednra tio n of War , so we will just have 10 wait fo r two month s to .;ec if th at happen s. And as far as tha t gc.1·,, yo u kno w, know ledge of the Consti tut io n and the powers and li mi tati o ns of the bran ches, is imp or um, now more th an eve r. I have taken the oath to defend th e Cons tituti on fo ur times in my life and rm on' ?.I years old . I have already taken th e oath fou r tim es. That is how stro ngly I believe in that oa th and I up .. old that oath . I took that oa th before God and before everybody else I took that oath wi1h I believe very strongly in that oath . Oka y, I too k that oath 10 defend the Constitution fr om en emie s fofeig n and domcs ur . 1 have no qunlms wi th Englewood itselr, I mea n from what I've see n from yo u folks ano Dan Erotzman, our City An orney, yo u guys be li eve very stro ngly in the princip les of rh e Constituli on. I have read over lht: minutes . two sepa rate sets of min utes th at you guys had and you were talking about the Englewood Cit y Council March 3, 2003 Page 4 First Amendment Ri ght or Expressio n. I th ank yo u gu ys very strongly for th at and I'm very thankful to li ve in Englewood. a city th at ac tually be lie ves in th at. I'm just talking abou t more at the Federal leve l. It is a small minority. but there is a minorit y or re present ati ve lead ers that arc act in g ag uin st th e principl es of th e Co nstitutfon . Man y of the ci ti ze ns are un awa re of th e Co nstituti o n and it s co ntent s or of the ot her unco nsti tut iona l laws th at have bee n recently passed in the last ce ntury. Ignorance is no exc use, he said. we have only ourse lve s 10 blame fo r our lack of knowledge of the Co nstitL·lion. It is good th at Englewood sup ports this holiday, Liben y Uay, and I hope it wil l promote a greater unde rstand ing and lovr of the imm ortal document . That co ntra ct between our serva nt governme n1 and the po pulo.ce thal is in cho.rge ... th o.t th ey. as our leaders and represe ntati ves. will protect a nd defend th e Co nstilutio n a nd do whal is right fo r all Ame ricans. So, once 11,g1in . I wo uld like 10 th ank lhe City of Englewood. Mayor, all you Co unci l Members , fo r uph olding •his , S\!pporting lhi s holid ay. I really , reall y appreciate it and !h ank yo u, he said. Have a good ni ght. Ma yor Bradshaw as ked if th ere w.is anyo ne else who wis hed IO address the Counc il on any issue lhi s even ing. No one came fo rward . 8. Communications, Proclamations and Appointments (a) A proc lamati on dcclari~g Marc h l6, 2003 as Liberty Da y was conside red. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED , TO DECLARE MARCH 16, 2003 AS LIBERTY DAY . Moti on ca rried. Ayes : Council Members Nabh olz, Moore , Garrell, Wolosyn, Yurchi ck, Grazulis , Bradshaw Nays: No ne (b) A resol ution appointing Laura Bartnick to lhe Eng lcWOOl! Code Enforcement Advisory Co mmittee wa s consid ered . COUNCIL MEMBER YURCHICK MOVED, AND IT WA S SECONDED, TO APPRO VE A RESOLUTION APPOINTING LAUR,~ BARTNICK TO THE ENGLEWOOD CODE ENFORCEMENT ADVISORY COMMl'ITEE. RESOLUTION NO . 32, SERIES OF 200 3 A RESOLUTION APPOINTING LAURA IJARTNI CK TO THE CODE ENFORC EMENT ADV ISORY COMM ITTEE FOR THE CITY OF ENGLEWOOD. COLORADO . Vote results : Moti on carried. Ayes : Counci l Members Nab holz. Moo re , Ga rre tt, Wolosyn, Yurchi ck. Graz ul is. Bradsha w Nays: None (c) Prese ntati on reco gni zing the Project Part ners respo nsib le fo r the 2002 Phoen ix Awards' recog niti on of Ci1yCenter Eng lewood. Mayor Bradsha w sai d th is hns been a long time co mi ng . I know we all havc11·1 seen eye 10 e)'e on man y issues 1hro ugh thi s whole thin g. but CityCentcr Engle wood is here a nd it's beauti ful and Regio n 8 EPA recog nized 1ha1 wit h a Phoeni x Awa rd . Mayor Pro Tern Do uglas Ga rrell wen! to receive thi s natio nal awa rd. We wo n thi s national award and, fo r a Ci ty of our size , that is qu ite a cou p and we i:o uldn 't have do ne it wi lh uut th e partnership of these people . She ex plain ed that the Ph oe nix Aw ard is a time-honored recognili on for creatin g a new use uut of dec linin g use . Bob Si mpso n, she sai d, noted th at it wa s ris in g from the ashes li ke 1he mythi al Phoe nix . CityCc nter is among 1he fir st projec ts nati onall y 10 co nve rt an • • • • • • Englewood Cit)' Council l\forch 3, 2003 Pnge 5 in1 er ior mall im o J n ou1 door urbn n and pede s1riim Cti\ironm enl. When some of us were runnin g for Cou nci l in 1997. she sai d, we wa med 10 deve lop an urban vi ll age ... wh:u yo u see now is an urban vill age . Thi.: EPA clai med !hat th e red e vel oped Ci nderell a City i as an excell en t exa mp le of ove rcoming en viron men 111l challen ges 10 change land use on a co nlamin ated silc . Tho.~c of yo u who shopped Cinderella Ci ty. did n'1 reali ze it was 1ha1 con1ami na1ed . However , as we peelt:d back th e la yers. it go t sc arie r. The Phoenix Award winners were se lec1ed from each of 1hc EPA 's 10 distric1 s. CityCen lC".r Engl ewood is recogn ized fo r revitalizing communi1 y spirit. ::is well :is the t:ix base in Englewood . If we hadn't completed !his project. our budget woes wou ld be horr ib le . So thank you all fo r yo ur partnership. She noted that Mr . Ga rrell auended the ceremo ny. She asked him if he would like to say so met hing . Co unci l Member Garrett said I wa s fo nunatc enoug h 10 attend and accepl th e award on be half of the City and also for everybody !hat participated in the proj ect. One of th e thin gs, that was quilc remarkab le, is how well we stood up . We did n't win the over all mnional award , he sai d, and we should have been one of th e top two. We stacked up we ll . but we did not build a ball field, whic '--~,ned 10 be what peop le like to sec. That"s the lhing 1hat I think impressed me: the most, was how we st.. up against so me of the mnjor ci tie s around the country . So. he said , I wnnt 10 thank eve ryo ne for all pulling toget her to ma ke thi happen . Thank yo u. Ma yo r Bradshaw said we have some ce rtifi ca te s to help comm emor:1 1e thi s. Mayor Bradshaw prese nted the certifi cates . Man y entities n::tdc th is poss ible . she sai d. Mayo r Brad shaw sa id the Englewood Environmenta l Foundati on, or EEF as we fondly call it , was the development corporation that we used to help the City of Englewood become the mas ter de veloper on thi s. We ha ve also used EEF to help wi th the holid ay li ghting, special events. and the farmers market. Mayor Bradshaw sa id the Tri-Coun1 y He alth Depo.rtment is pan of the env ironmental review team that he lped the City of Englewood in its quest to redevel op the site . Mayor Brad shaw said Trammel Crow re sidential bro ught the in1ercs1ing mix to th e sile, plus h,!y also sponsored an an wa ll and yo u sec tha1 when yo u ride li ght rail into Denver . It's the metal scul pture . Mayor Brad shaw adv ised that the Regiona l Transportation Di stri ct's $7.00 mi lli on investm e nt in the light rnil sys rem spark ed the potential for sites like CityCc nter Englewood an d we o nl y hope th at FasTracks will pass . so we can ha ve different ci eve lopmcn ts like that. We se c thi s Cen ter as a mode l of Smart Growth on a Brownfields site and we hope a lot of oth er project s will be po ppin g up in the metro area soon. Mr . Jim Zav ist is here 10 receive the ce rtifi cate . Ma yo r Brad shaw said anoth er partner here is Wal -Mart. The y we re 1he fi rst bu siness to co mmit to buil di ng . You see o ur Wal -Mart and ii doesn·1 loo k lik e a l01 of the Wal-Marts . It is co ncre1c . it has an an wa ll and they were the first ones to jump on th e band wago n with the an wall . They arc com munit y minded and have pro vided a grant a1 thi s tim e 10 fund the aqua rium in our library on th e firs t noor. So the y prm idc a lot of jobs and 1hey are a good asse t. Ma yo r Brad shaw said ~·till er Wein garte n. our re tai l de veloper. breaking new grou nd in ihe area of Sman Growt h. is a val uabl e part ner 10 o ur sun·ess. Mr . Gre g Mcran , who we have had cross words wi th ... anrf • thi nk some plea san t word s lat ely. wi ll be accept in g thi s. Mayor Brad shaw tha nked him . Mayor Brad shaw noted the United States Environmental Protec ti on Age ncy provided funding fo r our Brownfie lds Grant . back in 1997. Mr . Max Dod so n. PfOjccl Mana ge r is here. Thank yo u guys. she sai d. To crea te our Bruwnficld s revitalization pro~ram, ove r lhe years we h11ve used the se fund s to create jobs 111 vaca n1 manufoc1u ri ng fo cili1ie s. create ball field s. ope n space 111 Ce nt enn ial Park a nd plan fo r the evc n1u.11.I redevelopme nt of Genera l Iron Works . Thank you bot h o mu ch, she said . Engl ewood City Co uncil March 3, 2003 Page6 Mayo r Brad shaw said the United Slates Economic Developmem Administralion, the EDA, pro vi ded a gra nt of $850,000.00 to ass ist wit h the de moli tio n of the parki ng stru ct ure . r;1cir focus was also on j ob creati on. Thi s project gene rat ed 750 ne w jobs fo r Eng lewood. with an additional 4 10 jobs on si tes adjacent to Ci tyCenter Engle wood . Gan Sporis . alone . has created 35 0 jobs, and the rede ve lopme nt of the fo rmer City Hall site will create 90 more jobs . Ma yor Brad shaw said the Co lorad o Department c f Publi c He alth and Environme nt all owed the mi xed use concep t 10 \ccomc a rcalhy. Dan Schcppcrs is here, she said . They helped with the vo lun tary cleanup program. ·• .1e v.CUP Program pro vided the ass urances necessary to allow th is type of devel opment on a site facing po1e nt i2' environmental hazards. Mayor Brad sha w sa.id th ank yo u so much for every th ing. Mr . Scheppers said it was a pleasure wo rking with your staff. Ma yor Brad shaw sa id we do have th e bes t staff. Mayor Brads haw th anked eve ryo ne for co m.m g. 9. Public Hearing No public hearin g was sc heduled before Counc il. I 0. Consent Agenda COUNCIL ,\fEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS JO (a) (I), 10 (b) (I), (II), (Ill), (Iv), (v), (vi), (vii), (viii), AND 10 (c) (I) and (II). (a) Approva l of Ordinance s on First Reading (i) COUNCIL BILL NO . 17. INTRODUCE D BY COUNCIL MEMBER GARRETT A BILL FOK AN ORDIN ANC E ACCEPTING DEDICATION OF A 12-FOOT WIDE TRAN SPORTAT ION/UTILITY EASEMENT ALONG UNIVERSIT Y BOULEVARD IN THE CITY OF ENGLEWOOD , COLORADO. (b) Approval of Ord isances on Second Rea ding (i) ORDINANCE NO . 16, SERIES OF 2003 (COUNCIL il lLL NO. 6. INT RODUCED BY COUNCIL MHlnER GARRETT) AN ORDINANCE AMEND ING ",IT LE !2, CHAPTER 2, SECT IO N 2, PAR AGRAPH (C), SUBSECT ION ( I), SUilPAR AGRAPH (d) OFTHE ENGLEWOOD iv!UNI CIPAL CODE 2000 APPROVJ 'IO A PERMITTED INDUS TRIAL FACILITY TO RAISE THE LOCAL . UPPER pH LIM ITA TION . (ii) ORDINANC E NO . 17 , ~ RIFS OF 200 3 (COUNC IL BILL NO . 9, INTR ODUCED BY COUNC IL MEMB ER GARRE I f) AN ORDINANCE REPEALING AND REENACTIN G TITLE I, CHAPTER 5, SECTION I. OF THE ENGLEWOO D MUN ICIPAL CODE 2000, RELATING TO RE APPORTIONMENT OF CITY COUNC IL DISTRICTS WITH IN THE CITY OF ENGLEWOOD, COLORADO . (ii i) ORDINANCE NO . 18. SERIES OF 2003 (COUNCIL BILL NO . 11. INTRODUCED BY CO UNCIL MEMB ER GARRETT) • • • • • Englc~·ood City Co uncil March 3, 2003 Page? AN ORDINANCE APPROVING AN INTERGOVERNMENTAi . AGREEMENT BETWEEN THE CITY OF ENGL EWOO D. COLORADO, AND CENTENNIAL WATER DISTR ICT FOR LEASE OF ENGLEWOOD'S SURPLUS WATER . (iv) ORDINANCE NO . 19, SER IES OF 2()()3 (COUNCIL BILL NO . 12, INTRODUCE D BY COU NCIL MEMBER GARRETT) AN ORDINANCE APPROVING TWO CITY DITCH LICENSE AGREEMENTS WITH REG IO NAL TRANSPORTATION DISTR ICT (RTD) AL LOWING FENCES TO BE CONSTRUCTED UPON ENGLEWOOD 'S CITY DITCH RIGHT-OF-WAY . (v) ORDIN ANC E NO. 20, SERIES OF 2003 (COUNCIL BILL NO . 13, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE ACCEPTING PROPERTY KNOWN AS PARCEL 2 LOCATED IMMEDIATELY NORTH OF ENGLEWOOD PARKWAY BETWEEN SOUTH CHEROKEE STREET AND SOUTH ELA Tl STREI:. T FROM THE ENGLEWOOD ENVIRONMENT AL FOUNDATION TO CORRECT THE DEED . (vi) ORDINANCE NO . 2 1, SERIES OF2003 (C OUNCIL BILL NO . 14, INTRODUCED BY COUNC IL MEMBER GARRETT) AN ORDINANCE ACCEPT ING THE TRANSFER OF PROPERTY FROM THE ENGLEWOOD URBAN RENEW AL AUTHORITY TO THE CITY OF ENGLEWOOD , COLORADO . (vii) ORDINANCE NO . 22. SERIES OF 2003 (COUNC IL BILL NO . 15 , INTROD UCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZING THE TRANSFER OF PROPERTY LOCATED IMMEDIATELY NORTH OF ENGLEWOOD PARKWAY BETWEEN SOUTH CHEROKEE STREET AND SOUTH ELAT I STREET FROM THE CITY OF ENGLEWOOD TO HIE ENGLEWOOD ENVIRONMENT AL FOUNDATION . (viii) ORDINAN CE NO. 23. SERIES OF 2003 (COUNCIL BILL NO . 16, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AMENDING TITLE 12. CHAPTER 2. SECT ION 3. PARAGRAPH B, SUBSECT IO N 8, AND TITLE 12, CHAPT ER 2, SECTION 3, PARAGRAPHS D AND E, OF THE ENGLEWOOD MUN ICIPAL CODE , CLARIFYING THE SEWER FUND RATES . (c) Re so lut ions and Mo1i ons (i ) RESOLUT ION NO. 33. SERIES OF 2003 A RESOLUTION AWARD ING A NEG0T IATED CONT RA CT FOR ENGLEWOOD'S 2003 MICRO- SURFACING PROGRAM INSTEAD OF THE COM PETITIVE BID PROCESS UNDER SECT?ON 116 (b) OF THE HOME RULE Cli ARTER AND SEC! :ON 4-1 -3-1 OF THE ENGi EWOOD MUNICIPAL CO DE2000 . (i i) THE PLACEMENT OF THE MUSEUM OF OUTDOOR ARTS' "DES IG N AND BUILD " PROJECTS THROUGHO UT THE CITY OF ENGLEWOOD . • Ma yo r Bradshaw asked if anyone wi shed to pull any of the items . The y did not. Vote resu lts: Englewood Cit y Coun cil Ma rch 3, 2003 Page 8 Ayes: Co un ci l f\-tembc rs Na bh olz, Moo re, Garrell . \V olos yn, Yu rchick . Grn z•1 li s. Brad ~haw Nays: Nc nc Mo1ion curr ied. 11. Reg ul a r Ag end a (a) .i\pprova l of Ordin ances on First Re nding Th ere were no additional il e ms submin ed for app rov al on fi rs1 reading. (S ee Age nd a It em IO • Co nsent Age nda .) (b) 1\pprov al of Ordi nances on Seco nd Readi ng There were no add i1iona l it e ms subm iu ed fo r app rov al on se cond reading . (Sec Agenda It em IO • Consent Agenda .) (c) Re so luti ons :i nd Mc,ti ons (i) Direc lor Ross presented a reco mmenda 1ion from th e Publi c Work s Department 10 adopt a reso lu ti on mod ifying th e Publi c Works Permit s Fee Sc hed ul e. We arc befo re yo u to ni ght 10 recommend thal th e Ci ty Co uncil app ro ve a reso lut ion to increase th e fee s th at we charge fo r en gin eerin g revi ews fo r peo ple who do wo rk in our pu bl ic way . Th e id ea is fo r thi s fee increase to co me closer to co veri ng th e ac tu al costs for the Ci ty to at.,nin is ter, inspect and to rev iew th at work. If you have any questi ons. I would be glad to ans wer th em, he said. Co unci l Membe r Wolos yn said she had a ques tion reg arding the work done i i, the publ ic way ... th e $4 .00 pe r sq uare foot fo r the c uts and 1he gravel all ey c ut fee . Tha l can happen now wi th 1he law. she said . Was th3 t th e iss ue m Den ver's case or wa s that another iss ue? Director Ross rep li ed that ac tua ll y De nve r's case had more to do with the fa ct th at th ey were i:ha.rg in g peo pl e ki nd of a re nt al fee for h3,•i ng the pr ivilege to be in the ir public way. and 1ha1's where they got into tro ubl e wit h the Sup1 eme Co urt . He ex pla ined tha1 th ese fees, th e $4.00 pe r ,;quare foot for cit y asph alt and then the grave l all ey. 1ha1·s \\Ork tha t our crews aclU all y do. so th at's not an ins peclion. that's actu al work . Co und l Membe r Wolosy n sai d th a!'s not a wear and tea r fee . Thank yo u. Mayor Br:id ll haw asked 1f th ere ,,ere an y other que sti ons for Di rec tor Ross. Th ere were none. CO UNC IL MEMU ER WO LO SYN MOVED, AN D IT WAS SECO NDED, TO APPROV E AG E 'DA IT E M I l(r)(i ) -l!ESOLUTION NO . 34 , SE l!I ES O F 2003, RE SOLU TION NO. 34. SE RI ES OF 2003 A RES OL UTION APPRO VING MODIFICAT ION TO THE PUBLI C WOl!K S PER MI TS FEE SCHF DULE. INSP EC TI O. S. AND AD MI NISTE RING TITLES 8. 11 , AND 12 OF THE EN GLEWOOD MUN ILI PAL CODE . Motion ca rri ed . Ayes: Co unci l Membe rs Nabh olz. Moore. Garren. Wolosy n. Yu rchi ck, Gra zu lis. Brnd shaw Nays: • • • • • • Englewood City Council Ma rch 3, 2003 Page 9 (ii) Pl ann er 1 Fru ch tl pre senlcd a recomm en dation fr om 1hc Co mmuni ty Deve lopm ent Departm ent 10 ado pt a reso luti on appro ving the proposed Deve lopme nt Re view Applicntion Fee Schedule . Staff re co mmend s 1ha1 the Ci ty Co uncil co nsider aml approve by resolu tion the proposed development re vi ew applico.11mn fee as outlin ed in Exhibit A. Th e Ci1 y of Englewood's current de vc!o pm enl applicatio n and associa ted fees has not bee n upd ated sin ce early l980 's when th ey were originall y establi shed . To determin e if th e Ci ty's de velopment fee s arc up 10 date and comp ara ble to ot her ci lit>s, :i :Jff co ndu cted n sur vey of fifte en ci ti es within the metropol itan reg ion. Three objectives we re deter mined for the assess ment. To review the Cit y's current devclopmen1 fee s en suring th at ii provide s reaso nable costs for recove ry for slaff tim e. IO co mpare 1he City's ex istin g and proposed deve lopment fee s remai n eq uitable wi th other fr ont ran ge jurisdictions and to detcnnine the projected revenues based upo n proposed de ve lopment re view applic:uions and fees. To demon strate th e finding s, Attachment B pro vides two se parat e chart s, that individually break down the fees between ex isting and pro posed development revi ews . The categories include the appli cati on 1ype. the current fee . the number or applicati ons received in 2002 . re ve nue co ll ec ted, the front range average . th e proposed fe e and th e projected revenues. The first chart , Current Devel op ment Applicati on Fee and Pro posed Re venue, dem onstrates th a! in 2002 staff received 114 devel opment review appli catio ns and requests. Of the 114 development review applications requests that were received, only 29 of chose had fees assoc iated with th em. In tum , collecting $2,350.00 in re venue . If the proposed devel opment review ap plicati on fee s were imp lem ent ed , SI 1,125 .00 in revenue would ha ve been generated from th ose same 29 fees. The second chart , Proposed Development Re view Applicati on Fees and Projected Re ven ue s. illu strat es that 85 requests . , 'lroposed development review appli ca ti ons were rece ived in 2002 with no devel opmen t re vie w fee ge1 . rated . If the proposed devel opme nt re vie w applicati ons would ha ve been implemented at th at time . $5200.00 in additional reve nue would have been generated fr om the same 85 applications. Al thi s lime, slaff would like to an swer any que sti ons yo u ma y ha ve. Mayor Braus haw asked if there were any qu estio ns for Mr . Fruchtl. Cv unc il Membe r Yurchi ck said he didn't have a question , but did have a co mm ent . l personally, would like ACE to look al thi s because I sec ii ha ving an impact on de velo pm ent in the City. Mayor Br adshaw asked if th ere we re any objcc1ions 10 ACE looki ng at thi s. ~oun cil Mc inbe r Gra zuli s said she th ought it was a good idea . I .;.:e a large chunk from ccnain fee s and I would like to see th em loo k at it . Co uncil Member Yurchick said what I'm loo king al is 1·m loo king at $17.000.00 worth or re venue . that I don't know whe ther th ey arc justified or the y are nui sance fees . You kr.ow, is it wo rth SI 7 .000 .00 if we arc trying to gr.I pi:op le to do thin gs in the Ci ty. Pl anner Fruchl i referred him 10 1he fir st chart. the Cu rrent Devel opment Appl ica ti on Fee s and Projected He vcnue . He reit erated tha1 staff co nt ac ted 15 addi ti onal juri sdict ions within the metropolit an area and we did an averaging based upo n wha t certain ci tie s charged as opposed lo what we charge. Co uncil Mem be r Yurchi ck said I'm not que sti onin g yo ur foes or co mparin g th em wit h other pe op le in the area . My que sti on is whether ii is it worth S 17 .000.0'.) to be a nui sance 10 so mebody who wa nts 10 do a project in the Cit y. Co uncil Member Garre tt said whe n Ken Ross was here we were loo king at recoveri ng so me of lhc costs the Cit y puts in:o revie wing . it was a recovery mec hani sm. whi ch is ea sier and more justifi ed than ... well . we ju st need revenue. Pl anner Fru chll sa id the proposed foe inc reases wi ll help compen sa te fo r a lot of staffs recovery tim e. but it doesn't compcnsa tl! fo r eve ryt hin g. It 's more just see ing if we arc still equ i1able wi 1i,1n the juri sdi ctions, alo ng wi th 1he cost rec ove ry. Englewood C ity Council Murch 3, 2003 Page 10 Mayor Bra dshaw s1a1ed my co nce rn is 1hat we ha ve n'! ch 1nged th ese fees since 1984. Mr . f n.~h 1I an swered yes . Mayo r Bra dshaw sai d loo k a1 ~hat 's happe ned , cco nom;c all y.10 all of us since 1984. I do n't kn ow that we have to run thi s by ACE . Mr. Fruchtl said on lhe seco nd c-hart . th e Proposed Devel opmen t Appl ica ti on Fe e and Projec ted Reve nu e. we lm ve th e Admini stra tive Am endment , Admin is trati ve Propert y Co mbinaii on, Admini strati ve Subdivision. Amendmen ts to the TSA . th e Fl ood plain Ce:-t ifi cate , th e Ov era ll Concept Plan and the Tra nsit S1 a1ion Area Plan. Those fees are on lin e with 1hc new UDC that will be proposed. Staff has taken a proac ti ve ap proac h towards wha t will be co min g in the fu1ur c, 10 lf}' to help co mpcnsa1e anythin g 1hnt may go with staffs reco very time in the future . So we tried to look at what we currentl y do as staff. right now. tod ay. and also look at wh at th e future will hold ar,J tr y to capture all th ose wi thin a fee sc hedule that is proac ti ve . Council Me mber Moo re sa id thi s one particular i1 em, 1he jump in th e res id en ti al variance . from $50 .00 10 S225 .00. is not onl y substanl ia l. ii is s•1bs tan1 iall y hi gher th an 1hc fro nt ran ge fee average . Most of the se seem very mu ch in li ne with the avc rn ge ... bottom of th e firsl chart under current devel opm ent re view. Mr . Fruchtl said , wit h th e Board of Adjustment . it's a lot of staff recovery 1ime. Each appli cati on takes app rox imately 10 to 15 staff hours to process. Thal would include 1he prr .i ppli ca ti on meeting wi1h eac h ind ividua l a ppli ca nt 1h at comes in. th e time taken by th e Devel opment Re view Team, assess ing answers from 1he Devel opm ent Rc vir:w Team. co mpiling a staff report , th e actu al publi :ati on that the Ci1y pay s fo r within th e Englewood Herald and the time during the Board of Adjustment applicati on hearing . We had 20 applicat ions la st yea r, he said . Co un ci l Member Yurchick said irregardle ss of whether it is necessary 10 se nd thi s to ACE or not, I'm requ es tin g th a ii be se nt there for their input. Co uncil Mem be r Wolosy n sa id ( seco nd that al so. because we ha·l"e taken .i lot of tro uble 10 tell them we are go ing 10 kee p them in the loop a nd even on a minor thing like 1hi s. I th ink 1ha1 if the y found out that we we nt ah ead wi thout it. it wo uld ca u~e more problem s. Mayo r Bradshaw s.i id it sound s like Co unc il is not read y to deal wi th this at all thi s even ing. Co unci l Member Ga rren as ked whe n is the nex t ACE meet ing. Ms. Wolosy n said it is just a wee k fr om Thur!l day . Mayo r Brads haw said we co uld loo k at ii in two weeks. CO UNCIL MEMBER GARRETT MOVED, AND IT WAS SECOND ED, TO CONTINUE AG ENDA ITEM I l (c) (Ii ) TO THE MARCH 17, 2003 REGULAR CITY COUNCIL MEETING . Mayo r Bradshaw asked if there was any di sc ussion. Co un ci l Me mbe r Moo re said he wo ul d not be :tt 1he March 17 th meeting, so he wo uld like to mak e one co mm ent fo r co nsidera ti on. With respec t to the resi dential variance, I know th at thi s fee is be ing set ba sed on sra ff cos t. One arg ument abo ut va ria nces, he sa id , is 1h11t they are not assoc ia 1ed wit h the indi vidual . but we set broa d rul es fo r everyo ne a nd we know we have 10 do varia nces so metime s, beca use th e rul es can't cove r all si tu a1io ns. So I think it mi gh t be app ropriate that 1he fee assoc iated with a variance is not full y born e by 1hc ind iv idual. When we rev isi t thi s, he said, I wo uld like fo r yo u IO co nsider th at I think the re sid enti al var ian ce numbers seems n little bit hi gh. Mr. Fru chtl noted th at at thi s mome nt Cou ncil docs have th e abilit y to amend so me of 1he fees. if yo u wou ld like to. or poss ibl y at the nex t mee tin g. Mayo r Brad snaw sai d we co uld do th at on March 17th • • • • • • Englewood Cil y Council March 3, 2003 Page II Ma yor B;:1dshaw asked if 1here were any other ques ti ons. Th ere we re none. Vote res ults : Moti on carricxl.. Ayes : Coun ci l Member s Na bholz. Moore, Garre ll . Wolosy n, Yu rchick. Grazu li s. Brad shaw Nays : None (i ii) Se ni or Pla nner Gra ham prese nt ed a recomm e nd ati on fr om th e Comm11:-.;ty De velopmen t Dcpanm en t to ad opt 11 reso luti on auth ori zin g ass ignment of Englewood's 2003 Pri va te Ac tivit y d ond Ca p All oca ti on to the Colorado H:.l'Jsi ng and Fi nance Authority fo r home ownership progm ms. Thi s is the seco nd year that En glewooc.! ha s be en an entitl ement co mmunit y for a Bond Cap All oc ati o n. i1e sa id . We ha d extens ive Stud y Sessio ns and di sc uss ions. las t year. deli be ralin g on the poss ib le alternati ve uses for the Bond Cap All oca ti on and se ttled on CHFA to prov ide home ow nership activi ti es. When we we re noti fie d by th e State thi s year, we we nt ahead and sched uled th is irem fo r Coun cil's co nsiderari on to see if yo u would like to do that ag ain . Staffs recommendalio n is th at yo u pass a reso luti on all oca tin g th at 10 CHFA. Keep in mind, he said . tha t th e Cit y's money manager ha s advised us that we could hold off on exec uting that until mid •y ea r, to see whether or not we have had an)' appl ications for using the Bond Cap All ocat ion for eco nomic de ve lopment reaso ns. Mayor Brad shaw sa id ironica ll y we didn 't poo l ours with Metro Ma yors, becau se we wa nted to put it wit h CHFA. And gue ss what Metro Ma yo rs is doing ? They are poo ling th eirs with CHFA now . So we did it a year ahead . I have no probl em with thi s. she sa id , and we do not have to do anything until mid.year. to see what is go;ng on, but we co uld pass lhi s re so luti on in s up port. COUNCIL MEMBER GRAZULJS MOVEll, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 1 l(c) (Iii)-RESOLUTION NO . 35 , SlRIES OF 2003. RESOLUT ION NO . 35. SERIES OF 2003 A RESOLUTION AUT HOR IZl NG ASSIGNMENT TO THE f'OLORA DO HO USING AND FINANCE AUTHORIT Y OF A PRIVATE ACT IVITY BOND ALLOCATION OF THE CITY OF ENGLEWOOD , ARAPA HOE COUNTY. COLO RAD O PURSUANT TO THE COLO ~ ADO PR IV ATE ACTIVITY BOND CE ILI NG ALLOCAT ION ACT . Vole res ults : Moti on ca rri ed. Ayes: Co uncil Me mbe rs Na bh olz. Moore. Garrell . Wolosy n, Yurch ick. Grazu lis. Brad sha w Nays: No ne (i·J) Di rec lor Ea ton prese nted a reco mm endati on fr om th e Hum an Resou rces Depa rrm e nl to appoi nt , by moti on. a hea ring offi ce r fo r a di sciplina ry appea l fil ed by a fo rm er emp loyee, Tony Pcdron . Th e re sum es of the hea rin g offi ce rs Co un ci l. appoi nt ed ea rli er thi s year. are in Co uncil's pa cket, she sai d. COUNC IL MEMB ER WOLOSYN MOV ED, AND IT WAS SECONDED, TO APPOINT RON ALD CO HEN AS THE HEA RI NG OFFICER FOR A DIS CIPLIN ARY APPEAL FIL ED BY TONY PED RON. A)'CS: Nays : Motion ca rri ed. Co uncil Members Nabh olz, Moore. Ga rrell , Wolosyn. Yurchi ck, Graz uli s, Brads haw No ne Englewood City Co uncil March 3, 2003 Pr.gc 12 12. General Di scussion (a) Mayo r's Choice Ma yo r Brad shaw did no t have any matters to bri ng before Cnun•:i!. (b) Cou nci l Members· Choic e (i) Approva l of Co un cil Bill No. 10. pertaining 10 in operab le vehi cles . on first readin g. and sellin g a publi c hearin g for April 21, 2003 was co nsid ered. Mayor Brad shaw asked if th ere were an~ que sti ons . Mayor Brad shaw asked if thi s came out of the Code Enforce ment Ad visory Com miucc.. She as ked Co uncil Member Yu rchi ck t'"J give so me backgro un d on thi s proposed Cou ncil Bill. Cou ncil Member Yurchick sai d it was almost a 50/5 0 vo te .. , it too k just one vo l\! m ge t it he re in 1h,s for m. On e half says leave it the way it is and the other half says !•;Is tigh ten it up . Ma yo r Br adshaw sai d we will have a publi c heari ng and hear about it. COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL BILL NO. 10 AND TO SET A PUBLIC HEAR ING FOR APR IL 21, 2003. COUNCIL BILL NO . 10. INTRODUCED BY COU NCIL MEMBER YURCH ICK • A BILL FOR AN ORDINANCE AMENDING TITLE 15 . CHAPTER I. SECTION 2. DEFINITIONS , • TITLE 15 , CHAPTER 9. SECTION I, PERTAINING TO VEHJCLES; INOPERABLE ; AND ADDING A NEW TITLE 15 . CHAPTER 9, SECT ION 2. PERTAININ G TO (VEHICLES; OFF ROAD (O RV). ENGLEWOOD MUNICIPAL CODE 2000 Ma yor Br.1d shaw arkcd if there wa s any disc uss ion. Co uncil Member Moo re said there is one th ing I wan t to ask Co uncil. In here we ha ve a sectio n abo ut the lengt h of time you ca n work on a veh icle It says not to exceed eight hours. one day per ca lenda r wee k. I reca ll th e eight .hour disc uss ion. he sa iJ . !iut I do n't reme mber th e limita ti on of one day per cale ndar week . Ma ynr Brads haw sai d I didn 't remember tha t ei th er . Ci 1y All orn ey Bra tz-na n advi se d that Co unci l ca n rn nd1fy 1ha1 now or after th e public hea rin g. One of1he th in gs tha1 was add re ssed, afterward s. by my staff. wa s that it was an open-end ed timeframe . that it was im poss ibl e to eve r measure il 1f yo u Just made it eight hours per wee k. Th ere was abso lut ely no limitati on. so you could work on it an hou r every day . You wou ld never be ab le 10 mea sure that timeframe . The tho ugh t was th at th e wee kend s seem to be the primar y time that peopl e would be working on lh eir i:ars and we tri,.:d to aim fo r a da y on the weekend . That ~an ccnain ly be mod ifi ed to be Saturday and Sunday or one day a wee k. We tri ed to just tie it down, he sa id. rat her tha n have it so open -end ed that we co uld ne ver enfo rce it . Co unc il Membe r Moore asked if we could just say eight hou rs per da y. pe r calend ar da y. Ma yo r Brad sha w sa id then th ey could wo rk on it eve ry day . Co un cil Member Moore suid the wa y I look at ii is th at fo r th e oth er 16 hours the y wo uld be putti ng th e ve hicle inlo storage . So th ere is a ce rtain amount of effort in vo lved in th at. he said. that prob ably becomes self-e nforci ng . • • • • Englewood City Council Morch 3, 2003 Pngc 13 Mayor Brad shaw sa id !hi s is just to work on it in the front ya rd se 1back. Cit y All orney Brotzman said that is correc t. Co unci l Member Moo re sai d th e limita ti on of whaiever th e hour period is, fo r me. it works per day . beca use it is th e s1orage pnrt 1ha1 is go in g to keep thi s fr om being ove rly abused. Thal is whal I think, he sai d. Mayor Bradshaw said I am just thinking of my interesting new neighbo rs ... good people ... but th ey store things different tha n I would and I am just concerned abo ut the eight hours per day . You wouldn't know if the y started at eig ht in the morning or al ten . Do you sec what I mean ... about enforcing the eig ht hours? Counc il Mem be r Garren said if they stan working on it Monday, then you com back on Tuesday and th ey are still working on it and the y say th ey didn't stan working on it until noo n am .hen yo u come back and they are still working on it on Wednesday ... the enforceabi lit y beco mes more difficult. Mayor BrJct shuw said so 1f we know they can work on the car, one da y a week, that takes care of that . think that is what yo u meant '! Ci ty Allorncy Brotzman sa id that is co rrect. Mayor Bradshaw said maybe we should just let it fly and we'll see how the pub li c hearing goes. Counc il Member Moore said I have one ot her th ing Iv.anted ,o ment ion. Is it necessary, if so meo ne is storing it in the rear or si de yard , if it is und er cover or behind a solid fence and it is screened from view? City Att orney Brotzman sa id the disc ussion was simply about the different levels of houses. So yo ur house si ts on a hill and you would actua ll y be looking into their backyard. Although it is blocked from the public right .of-way. os yo u are at a totall y <liffcrcnt level. your neighbor would be looki ng into yo ur backyard and st ill see in g that ca r uncovered . I actually asked that same question of Code Enforceme nt . he said. Cou ncil Member Yurc hi ck sa id half of th e committee th w ,g ht scree ning from the publi c right-of-way was good enough . Mayor Brad sha w said whether it is with a tarp, a chain ed link fe nce or a so lid fence . Mr. Yurchick said they pretty much agreed on the fence . Ma yo r Brad shaw as ked if th ere were any ot her com men ts. Th ere we re none . Mayor Bradshaw said do you wan t to make amendme nts? Co uncil Member Moore said I am wi lling to wait to see what kind of rea cti ons we ge t at th e public he ari ng . Council Member Garre ll said we ca n pass it on fir s! reading and th en wa it to sec what th e public say s. At lea st thi s ge ts ii out on 1he 1ab le to be di scussed . Ma yor Brad shaw sa id that is pan of the pub lic proce ss .. 10 ha ve a public hean ng. Vole r esults: Motion carrie d. Aye~: Cou nci l Membc1 s Nab ho\z, Moore. Garrett . Wolosyn. , 1.1rc hick , Grazulis, Bradshaw Nays : None (ii ) Co uncil Member Garrett brought up Mr . Kozacek's conce rn . Mayor Brad shaw said .{ozacck said the City wa nt s him 10 tear th e tre e dow n and pa y fo r it. Englewood City Council Morch 3, 2003 Page 14 Coun c il Me mbe r Garrett said the Ci ty wanls him to 1car down the lrec and pay fo r it. Mr. Kozacck·s counle r was. s1a tu s qu o or we cou ld :akc down th e tree a nd the Cit y would pay fo r it. Ma yor Bradshaw said th at is ri ght. Council Me mbe r Garrt:,t said I j ust wa nted a cl ear understanding 0 f what he want ed. Counc il Me mber Nabholz said I not iced in th at es 1ima1e th at it wo uld damage his fe nce. in orde r ?o ta ke th~ t tree down, so there would be fen ce dama ge 10 pny fo r too, Mayor Bradshaw said my concern is. good Lord . le t it be. it is a tree. That is my o pinio n. Counc il Member Wolosyn sa id my questi o n is about th e fa ct that the part, th at th e hose connects to, is faci ng th e street. Counc il Member Yurchi c k said th e handle they use to tum it o n. swi ngs arounri and hits th e tree. Council Member Garrett said was th e tree there and we put :he fir e hydrant too close to it . Ma yo r Bradshaw said yes we did . Counc il Member Yurc hi c k said not in th e beginning ... l'm sure th e tree gre w. Di scussion e nsued regarding the possi ble size of the tree whe n the fire hydra nt was put in. Mayor Bradshaw sai d I think the y N o babl y had to ,nave it when they dedi cated Lip an. Council Member Yurc hic k asked what it wo uld cost to move the fire hydrant . Cit y Manager Sears said I a m not fa1 .iliar wi th thi s whole I Jpic . I wo uld like to ge t back to Counci l o n th is, with , perhaps, so me history. Counc il Me mber Garre n said th e nJ ll ce is for the 141!1 and we will not meel as a Council until after that. Mayor Bradshaw asked if we can delay it. 1J1:t 1l we get the fa cts. City Manage r St!ars said yes. Mayor Brad shaw a sled C ity Manager Sears to call Mi . Kozac ek and te ll him th at nr 10 have someone on staff call him. Mr. Sears sa id I will give him a 1cle ph one ca ll tomorrow. Couf""il Me mber Yurc hi ck said I wo uld like to say one othe r thing abo ut the letter Ben Gree ne se nt him. th ought we did away wi th th e Forestr y Progra m in 2003 a nd Mr. Gree ne was sugges tin g he apply fo r a gra nt. Mayor Bradsha w said we still ha,,c so me money in th ere. Cit y Mana ge r Scars sa id ii is 1rue, we do nOI ha ve a Forestry Program thi s yea r. Mayo r Bradshaw said we need to let Be n Greene know. City Manager Scars said I wou ld like to se nd Counci l a hi story, so yo u can ha ve all th e facts in fro nt o f you before yo u make a dec ision. Counc il Me mber Yurchick said I was just concerned abo ut s111 ff re rerrin g 10 something that is no lo nge r ava il able. Direc tor Olson said th e re is mo ney nvai la ble ... he did check with Parks on that , to sec if th ere was fundin g. Counc il Me mbe r Yurc hi c k sr id I thought we di d away wit h all th e fun di ng. • • • • • • Engl• wood Clly Council March 3, 2003 Pag• 15 City Manager Sears sa id it has gone away, but 1.hcre may be a con necti on with Co lorado State Extension Service. whic h I think is where we got so me of the money in the past to do this . II really wasn't City money that went into it. (iii) meeting on the 17•tt. Council Member Moore said I will be in Washingt on for the next City Cou nci l 13. City Manager's Report Ci :y Manager Sears did not have any matters to bring before Council . 14 . City Allom•y's Report City Attorney Brotz.man did not have any matters to bring before Council. 15 . A•Joumment BRADSHAW MOVED TO ADJOURN. The meeting adjoume<I at 8:25 p.m .