HomeMy WebLinkAbout2002-03-18 (Regular) Meeting Minutes•
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I. Call lo Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regul ar Session
March 18, 2002
Sa
Th e regu l;u meeting of th e Engh•wood City Co un ci l was call ed to orde r by Mayo r Bradshaw at 7:3 3 p.m.
2. In vocation
The invoc ati on w11s given by Cou ncil Member Na bhol z.
3. Pled ge or All egia nce
The Pledge of Allegi ance was led by Mayo r Br:idshaw.
4. Roll Call
Present:
Absent:
A quonun was pre sent.
Also prese nt:
5. i\·tinutes
C'.o uncil Members Nabholz. Moore , Grazulis . Garrett. Wo losyn.
)'urchick . Bradsl,aw
None
Cit y Ma na ge r Scars
Ciry Anomc y Brotzma n
Ass is tant City Manager Fl aherty
Deputy Ci ty Clerk Castl e
Depu ty Ciry Clerk White
Din:cto r Fo nda , Utilitie s
Bus in ess and Red evel opment Coo rdinator Johnson
Direc tor Olso n, Safe ty Servic es
Director Ross, Public Wo rks
(o) COUNC IL MEMBER WOLOSY N MOVED, AND IT WAS SECONDED, TO
APP RO VE THE MINUTES OF THE REGULAR C ITY COUNCIL MEETING OF MARCH~.
2002 .
Mayor Bradshaw asked 1ha1 a correc ti on be no ted on page 18, paragr:iph two. She :iskcd th11t "Ms . Scars"
be cha nged to "M r. Sears ". Mayor Bra dshaw asked if the change ,vas acceptabl e to Co uncil Member
Wolosyn . Ms. Wo lo syn res ponded allirmati \'e ly.
Vote res ults on the mollon as amended :
Ayes : Co uncil Members N.1b holz, Moo re, Garren, Wolosyn, Yurc hick,
Grazuli s. Bradshaw
Noys : No ne
The motion carried.
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Englewood Cit y Co un ci l
March 18, 2002
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6. Scheduled Visitors
(n ) Tom Ashburn , Commun ity Service Manager for Xcel Energy, said he wa s here this
evening to introdu ce himself and share some of his re sponsi bil iti es with Co uncil. and 10 let them know how
Xcel has chan ged in the l3 sl couple of year s. He adv ise d tha1 his major responsibiliti es include bui lding
and ll'Ul inlainin g good working relationships with all the loca l governmcn1s ' elected officials and slafTs in
the servi ce territory thnl Xcel serve s. He statc cl 1ha1 hi s service territory includes, roughly, aU the
municipali1ies in Arapahoe, Douglas and Elb~rt Counties , and .:i. l.:i.rge territory that is basic:all y from DIA to
Parker , and from cast of Aurora to th ~ Jefferson County line . It is a very large territory 0.11d some times I do
not ge t around as often as I should, he said . That is why I am here tonig ht , 10 say hell o nnd to introduce
myse lf. Mr . Ashburn said he noti ced on the agenda that he was to talk abo ut Xce l's comm unity service
polic y. We li ke to be very 11c1ive and involved in all the communities we serve . Primaril y, we do that by
being in vo lved with local economic de velopmen t organizations. local chambers of commerce, o.nd
programs that c:m help municipa lit ies grow . We work on the issue s that affect yo u, and tha, you are
in teres ted in. as they relate to ene rgy. There are community progrnms tha t we arc involved with once in .:i.
while , 11lso. Mr . Ashburn said he wn s on one of the original task forces fo r the Brownficlds project for
several years, fo r example . Many of you ha ve been invited, and a coup le of you have s!10wn up, at the
Ara pahoe Power Plant in the las t few years, just to get :m ideil of what is going on as a local community. I
:i.m your liai son. your key contact person. he said. If you eve r have 11ny que stions or issues. you can ca ll me
directl y. or work through staff. I am usually pretty easy to get a hold of. through voice messaging, and I
rerurn my call s pretty quickl y, he said . Agai n. I just wanted to introduce myself, since some of you arc new
on Council. and, hopclUll y, I will sec you around, and I will do what I ca n 10 help you .
Ma yor Bradshaw ;1sked if there were :my questions for Mr. Ashburn .
Council Member Nabh olz commt!nt cd thai th e tour Mr . Ashburn did fo r Coun cil two years ago was very
infornlilti ve and helpful.
Ci ty Man.i ger Sears sta ted th at Mr . Ashburn ha s been exc dlen110 work with . In som e of1he disc uss ions
rega rding Cen1 e1mial Park . in particular. he wos ::ivail ab le to assist us . We ha ve had some hot iss ue s related
to the co nstmc1ion of thi s si te where he championed our cau se. bu1 it did not fall on the right ea rs to ll'Ulke it
happen . Mr . Ashburn is al so a membe r of the South Metro Chomber of Commerce, and has wo rked ve ry
closel y with Ult. Mr. Se:irs said he personall y appreciate s the rel ationship we have with him. We h11ve a
few olher proje cts comin g forth. ht! said. whi ch Mr. Ashburn probabl y should be aware of, and we will bt!
working with him on tho se proje cts, Our relation ship 111 the stofi level has been very good . Somehow he
got the light s on Sout h Oroadwa y turned on within twenty•four hours. after the y hnd been se tting th ere for
three months, and hopefully we can rely upon him to con tinue to do that.
7. Unschedu led Vis itors
There were no un sc heduled vis itors.
8. Communic31ions, Proclumations and Appointments
(a ) COUNC IL MEMBER NAD HOLZ MOVED , Al'<D IT WAS SECONDED, TO
APPROVE AGENDA ITEM 8 (a)-RESOLUTION NO . ~5. SE RIES OF 20 02.
Co unc il Membe r Nobh olz ofTercd her co ndol ences to the Stoc kwell fa mil y on the re cent pa ss ing of Casey
S1ockwell .
RES OL UT ION NO . 4;, SERIE S OF 200 2
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Englewood Cil y Co un cil
Morch I 8. 2002
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A RESOLUTION APPO INTING DON ROTH TO THE PLANN ING AND ZONING COMM ISS ION
FO R THE CITY OF ENG LEWOOD. COLORADO .
Council Member Ga rren poin1 ed ou1 tha t there was a typo on the prin ted copy or the resolution . The ye ar
was incorrect ly s1a1cd as 200 I.
Vo te res ull s:
Ayes:
Nays:
Cou nci l Members Nobholz. Moo re, Garre tt , Wolosyn . Yurchick.
Grazulis . Bradshaw
None
The motion carried .
9. Publi c He•rlng
No publi c he.iring w:is sc heduled before Co un ci l.
I 0. Consent Agenda
CO NC JL MEMBE R GAR RETT MOVE D, AN D IT WAS SECC •NDED, TO APPROVE
CONSENT AGEN DA IT EMS IO(")(\), JO (b) (I), AN D JO (c) (I) 1 HRO UG H (v).
{:i) Approva l afOrdin:mce s on First Re:u.ling
(i) COUNC IL BILL NO. 10, INTRODUCED BY COUNC IL MEMBE R
GARRETT
A BILL FO R;\, ORD INANCE AUTHOR IZING THREE CITY DITC H LICENSE AGREEM ENTS
FOR THE CITY DITCH CRO SS INGS AT OR ABOUT 46 85 SOUTH MARIPOS A DRIVE .
(b) Approva l of Ordinances on Second Read ing
(i} ORD INANCE :,./0 . 11. SERIES OF 2002 (COUNC IL BI LL NO . 9,
INTRODUCED BY COUNC IL MEMBER GARRETT)
AN ORDIN,\NCE APPROV ING SU PPLEME NT NO . 152 TO TH E SOUTHGATE SAN ITAT ION
DI STRICT CONNECTO R'S AGREEME T FOR THE INCLUS IO N OF LAND WITH IN THE
DISTR ICT BO UN DARIES .
(c) Re solutions and Moti ons
(i) PURCHASE OF TWO TANDEM AXLE DUMP TRUCKS FROM
TRA NSWE T TRUCKS, I 'C. IN THE AMOUNT OF SJ J0,690 .00.
(i i) PURC HASE OF A SE LF-PRO PELLED CONVEYE R LOADER FROM
MA CDONALD EQU IPME NT CO MPA NY IN TH E AMO UN T OF S 136,624 .00.
(iii ) P RCHA SE OF A FREIGHTLI NE R TR UC K FROM TRANSWEST
TR UC KS. IN C. IN THE AMOUNT OF S65 ,oYJ .00 .
(i\') PURCH ,\SE OF AN ALUMIN UM BIOSOLJ DS TRAILER FROM
WASTEQ UJP/MAY MFG . IN TH E AMO NT OF S7l.24l.00 .
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Englewood Ciry Co unc il
March I 8, 2002
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(v) PURCHA SE OF WATE R METERS FROM MOUNTAIN STATES PIP E IN
TH E AMOUNT OF S6 1,981.J6 AND YOKES FROM DANA KEPNER IN THE AM OUNT OF
S6,J74 .66.
Vote rcs ulls :
Ayes:
Nays :
The motion ca rried .
11. Regular Agenda
Co un ci l Members Nabholz , Moor e, Onnen. Wolosyn, Yu rchick,
Gruuli s. Bradsha w
None
(a) Approval of Ordina nces on First Rcilding
There were no additional items s ubmitted fo r approval on fi rst re ad ing. (Sec Age nda Item IO -Consent
Agenda .)
(b) Approval of Ordinances on Second Reading
There were no additional item., submitted for approval on sccon..i reading . (Sec Agenda Item 10 -Co nsen t
Agenda .)
{c) Reso lutions and Motions
There were no additio nal resolutions and moti ons submi tted for approval. (See Agcn<b Item IO -Consent
Agenda.)
12 . Gener.:11 Dis cuss ion
(o.) Ma yor's Choice
(i) Re gardi ng the lencr to Mr. and Mrs . Huff, M:iyo r Bra dsha w said she wou ld lik e
10 tell Capita l ProJect s Direc1or Kahrn and Co mmunity De velopment Directo r Si mpson how we ll -wri nen
she 1hough1 1he lene r was .
(ii) Mayor Bradshaw s11,i d Counci l had received a memo from the Public Library
8011rd abo ut si gnage . She ex pressed co nce rn about messing up our aesthetics, that we have wo rked so hard
10 have . with a 101 of sig ns . She asked s1aff 10 look inl o the possibilities for tastt 'ul sig ns in the Lib rary .
Counci l Membe r Grazu li s co mme nte d lh:u tas te fu l sig rui.ge wns what they as k~rt for . She said she WilS at
the meeting where ii was discussed . They just wa nt peop le to know where it is. They have rec ei ved a lot
of commen1s tha t peop le do not know where the library is on this site .
Mayor Brads ha w sugges ted puning some 1hing ou1s ide the Library on the lowe r level. She said she was
sure staff co uld come up with something .
(iii) Mayor Bradshaw said she received 11 memo about the T-REX Advisory
Co mminee . The y want two community mem bers on 1hat comminec , she said .
Council Me mber Wolosyn asked if that mea nt Council or members of the co mmunity .
Mayor Bradshaw sa id the y were asking comm uni ty members who live along the corrido r to nominate
themselves, or others . to serve . She asked how Council wou ld like 10 dea l with 1his .
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En glewood Ci 1y Co un ci l
Morch 18, 2002
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Co uncil Member Wo losy n said if you are free lo nominate yo1•rse lf, ma ybe it is 11 matter of ge ning 1he
word oul .
Co unci l Memb er Ga rrett ask ed ifwe 3 1c in 1hc co rridor, by 1he way 1hey define ii .
Coun cil ~1cm ber Graz uli s said she di d not 1hink we :1c 1ually li ve in 1he corridor .
Co uncil Member Ga rret · felt we were affe c1ed by ii , because of the de1ours throu gt, 11ere.
Ma yo r Bradshaw said she did not know why the y sent it 10 us.
Co unc il Member Yurchick fe ll that , technically , 1he rep air fa cility was .ii piece of 1he corridor
Council ~fombcr Wo losyn sai d, regardi ng art sele ctio n, tha1 sometimes the y wan! peo ple . who are in vo lved
in 1he .ilrts. fr om out si de of the area becau se it help s wi 1h the mix .
Ma yo r Brndsha\l,' asked if Council Member Wo losyn wo uld nominat e hersel f.
Counci l Membe r Wo losyn sa id she did not know thal she would . She ~a id she may . but h:id not co nsidered
it.
Ma yo r Br.ild shaw asked if Co un cil Memb er Wol osyn wou ld t:i ke th is to 1hc Cu l1ural Art s Co mmi ss ion.
Co un cil Member Wol osyn said yes. tha t w:1s wha t she was 1hinking also .
Co uncil Me mber Gra zuli s sa iJ the tim es we re conflictin g. Ms . Wolo syn said she wo uld ca ll so me of 1hose
peo pl e about ii.
(iv) Mayo r Bradsha w advised that Eng lewr,od ~ad received a Tree City US A awa rd .
She offered kudos 10 staff. We ne ed to se t up the proclamation a.id all L:•-~ t.'v en1 s that go with it , she said .
Co ngratula110 11s 10 Englewood on being named a Tree City USA .
City Manager Scars said that many ot her cities have si gnage a1 their entrances indicating thal th is is a Tre e
Ci ty. :ic asked if Co uncil wo ul d like to sec 1ha1 here .
Ma yo r Bradshaw s.iid )'CS, if itco ul d be tastefu ll y done .
(v) MJyor Br ads ha w thanked Coun ci l for send ing her to NLC . She found the
sessio ns wo nhwhilc and she enco uraged all Counc il .nembe rs 10 attend at leas t one NLC meeting , if they
haven'! already. She sai d they had received her one-page repo rt .
(vi) Mayor Orads h.i w ask ed if Co unci l rememb ered the memo .ibout cl eaning up tl,e
committ ees . Shi;! said she wo ul d lik e 10 direct City Attorney Bro tznun 10 clean up the obso lete co mmitt ees
that we do nol use anymore . .i nd n kc that rep resent.:11 ive of\ hat we now have ,
Co un ci l Member Wolo syn asked if it woul d co me b.i k 10 a Sni dy Sessio n.
Coun cil Member Gra zuli s asked if the re we re :my cununi1re~s lh.il t we would like to res urrect
Coun cil ~·I ember Wolosyn suggested 1hat co uld be µ::trt of 1he Study Session .
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Englewood Ci ty Counc il
March 18, 200 2
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Mnyor Bradshaw s111d there arc some «>J t 1herc 1hat we do not even use anymore, su ch as the small business
cornmhtec that was part of EDDA and 1he City .
CJunci l Member Grazulis sai<l she wou ld just like to look at them closer and discuss them before 1hc y arc
dissolved .
Mayo r Bradshaw asked Mr . Brotzman ifhc co uld do 1hnt by June . Mr . Bro tznun responded amrmatively.
(vii} Ma yor Bradshaw asked Utilhies Director Fonda why the waler quali1y was so
horrible .
Mr . Fondn s.:iid he had not had any reports of this . Ma yo r Brad shaw said the y were calli ng her. Mr. Fonda
said he would look tnto it
(,•iii) Ma.yor Bradshaw sa.id the Jason Pa.rk Social Cl ub. a group of people who ge l
toge ther :in<l lct their dogs run a.round at Jason Park on Monda y mornings. is doing a park clcnnup 1his
Sunday nt I 0:00 a.,m. We clean up the park, she commenled, but so me peop le think 1ha1, si nce it is a dog
park. the y can just let th eir dogs loose and n can poo p all over and th ey do no1 have to do anything about it.
One man s:11d, if th e Ci ty would pick up the gra.ss when they mow the parks, the y wou ld also pi ck up the
do g poop . Mayor Bradshaw did not feel th:u was I rue bcca.use we don't mow this time of year, ;ind when
, ... , do mow. \\'C do no! pick up the grass because it is mulched . She said she just handed him a bag .
(ix) Mayor Oradsh aw :idvis ed that 3round Jul y 4th we will be putting the bridge in
across 1he Platte. She tis kcd Cou ncil to keep that time open so th ere can be a big dedication there .
(x) Mayor Brads haw asked Busine ss and Redevelopment Coordinator Johnson for
the name of a contact person at Gans .
Ms . John son aske<l if there was :inyone in panicular.
City /\fanager Se:ars suggested the CEO. with who m the y hld met. woul d probabl y be :appropria te .
(b) Cl)unci l Members' Choi ce
(i) Cou ncil Memb ~ 1ol z
I. She advi sed that it is that 1ime of year 10. again. ;isk fo r Council's support to spon sor two
foursome s fo r the Keep Englewood Beautiful GolfTo um3menl. The cost would be SlH0 .00. she 3d viscd .
It will be hdd r"tonda y, June 101h
• and will be J sho tgu n start .
2. She said she had a .=a ll from a couple of neighbors who were in dispute , bu l they reso lved 1he
matte r themselve s. II w:is a code enfo rcement issue . The l.1dy has a four.foot fence be1ween her house and
the other house . The 01hcr house belongs to a Ci ty employee and she thought there was a problem with
Cod e Enforccmcn1 1elling 1hc Ci 1y emplo yee one tl :ing. and she was lold she should call 1he police insiead .
when the Ci ty f'mplo ycc ·s Gcmun Shepherd co mes O\'er her fence . In the end, the y talked it over and
worked it ou t. App.irently she fell the Code Enforcement Officer wtis nol speedy in citing the nei ghbor .
3. She S3id she anendcd :in Old To,,11 Englewood meeting on the first Wednesda y in March a1
Co untry Buffet. She in\'11eJ Co uncil to 3llend those meetings if possible . She said s'1e was really exciled
10 sec a h:mdful Jf businesses from Old T0\\11 Englewood. along with the Chamber of Commerce . The y
arc reall y )!Citing started. and alread y ha\'e their logo :ind fom'l:lt for 1heir business letter. The y :ue doing a
lot of exciting things , she opin1.•d . Olliccrs Siega l and Peterson were 1here, as was Gary Hultberg, and Ms .
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Englewood Ci1y Co uncil
March 18. 2002
Page 7
Nabhol z felt it was nil very good . The y mecl the fir st Wedne sday of every month from 8:3 0 a.m. 10 9:30
a.m :u Cou ntry BufTct.
4. She asked 1f fire inspcc uons are condu c1ed on mo1el s here in Engl ewo od.
Otrector of S3 fc ty Service s Ol so n replied tha 1 the y are done once a year . Th e problem. he sai d. is that the y
can not 1nspe c1 individual rooms. normall y onl y commo n areas .
Mayor Bradshaw asked if Council Member Nab holz planned to continue going 10 1hc Old Town
Englewood meetings. Ms . Nab holz said yes, she felt it was reall y exciti ng.
(ii) Council Member Moore
I. He sa id he read in the Englewood Herald that Dennis Sc hu m had raised some concerns :ibou t th e
General lmn Wvrks prr,peny . He asked Public Works Director Ross if there were signs 1hat RTD w,s not
following 1hc rcqum.:mcnls for the cleanup . He said he wns just trying 10 undersland th e reasons for this
negative press. He asked if there we re problems involving comp lian ce wi th the permil, or docs Mr. Sc hum
not like wha t the permit allows ,
Direct or Ross felt Mr . Schum disagree s wi1h what the permit allows and with RTD 's plan . They arc
required to follow the plan that was filed with the Sta te and the y belie ve the y arc in compliance whh 1ha1 ,
whil e Mr. Schum believes th ere is nast ier stuff th an what their soi ls repon indicates and 1hat they should
take extra steps.
Mr. Moore asked if the 1ruck:. are suppo se d to be covered .
Mr. Ros s said yes. the y ure suppo sed to be covered .
Mo yor Brad shaw said tlu:y arc not cove re d.
Mr. Ross said that is Slate la w. and II docs not matter whether you arc working with h:i.zarLous materials or
not. tr yo u arc haulin g dirt you 11ced to have the trucks covered .
Coun cil Member Nabholz said she saw two going down Ga l.i pago today that were not covered .
Mr. Ro ss :i skcd if the y were haulin g metal debris or din. Ms . Nab holz said the y we re hauling me·.11, ~u it is
j ust the din that has to be covered . Mr. Ross said th o! is correct ,
Ma yo r Bradsh :i w said Mr . Schum had c;illcd her and said he w;i s 101 pleased wi th th e answers he w;is
getting and that he would have 10 go publ ic . She said she told hin1 that was always his choice .
Co uncil Member ~fo orc s:iid he j ust w;in1 ed lo be sure that . 10 our knowledge. RTD was doing what the y
had agreed to .
Director Ross s:iid. to our kno wledge , the y :ire doing wha t the S1:i tc h:is required them 10 do . All we have
done is tried to nlJke sure they do everything they promised ::md everything they agreed to do in the Sta te
pemtit. We reall y hav e no1 ste pped m an d :isked for :in extra level of activi ty. We jus 1 w:rn t th em to do
wh:it !hey s;iid 1hcy "'ould do in the ir pennits wi th the State .
Mr . Moore asked if we had 1101 issued 3 pcmtit ;ilso. Mr. Ross said we issued a permit for grading :ind the
demoli1ion work . We add ed a conditi on making them re sponsible for the stre ets thnl the y ntigh t danuge
dunng 1h1s proc ess . Thi! onl y other requirement thJI we ::added . 1h:11 the St;i te did not call 10 th ei r anen1ion.
he said . wa s 1ha1 the y needed to pull the nece ssary s1om1 water manogcmcnt pem1i 1 from !he Dcpanment of
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Englewood Cuy Council
Morch I 8. 2001
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Health. which they had not ye t done . Mr. Ross sa id everything that they indi c111ed was put in wri tin g :md
that is what we ex pect or1 hem
Council Member Yurchick felt 1hat a !01 of Mr . Schu m·s comment s were based on a srud y done a cou pl e of
ye ars ago that showed the bore ho les cxcccded the arsenic levels . RTD 's rcpon va ried subs tantiall y fro m
that initia l rep o n . Mr . Yurchick asked which repo n was correct.
Direc tor Ross re sponded that the subsequent RTD rcpon supposed ly indicated that there were lo w level s of
arse nic . but when we exami r1ed that repon , it did not say whe re the bores were tak en or the depth of the
bo res . The origina l report indica ted lhc :u sc ni c lt:vc l wa s in lhc top two feet , so you co uld ge t around that
by just taki ng you r bore down fonhcr . We reall y questioned the seco nd report . he stressed. and beli eve 1hc
firs 1 rcpon 1s co rrc c1 wi th respect to 1hc arsenic levels .
Mr. Yurchick aske d 1fthci r Suue pcnni111ng was based on a rcpon that was poss ibl y inva lid. Mr . Ross sa id
no, their pc:nnits were ba sed upon that fir st rcpon .
2. Mr. Moore advised that. in Hompdcm Hill s, which is in hi s distric t. ro ughl y at the co mers of
Danmouth . Uni ve rsit y. Floyd and Ra ce, there is a lot goi ng on in th e neighborhood . Someone is trying to
pop the top on thei r house, which is pcrm iucd under Ci ty code . bu! not under the coven an t, of the
neighbo rhood. The se covc n:rnt s arc fair ly old. he allowed. and he did no! feel 1here had been much ac1ivity
in te mts of hav mg 10 enforce them . He said he w.:i n1 ed to r.:i ise the iss ue 10 see what the options were. He
said he w.:is under the ge neral impressio n that 1hc ne ighborhood co uld co lle ctivel y enforce the cove nants
and there was nol much the Ci ty co uld do. since it was 1101 a code iss ue . He said he at lea st wa nt ed to raise
the issu e and sec if th ere was so meth ing that co uld be done ifwe ca re 10 •
Mn>'Or Bradsh aw said Jud y Pierso n had ca ll ed her and. sin u: it was Mr . Moore's di strict she spoke to him
about ii. Ms . Pierso n wus chair of 1he Planning and Zo ning Commission for eigh t or nine ye ars, Mayor
Bradshaw advised. and. wl:en she was on 1h.:it board. she did not know we had any require ments that would
help people pop a top tasteklly. It is co ming 10 Englewood whether we want ii or not , and we need 10 see
if we arc read y fo r peo ple wht. wan11 0 pop the lop on their house, and we need 10 be sure 1hey will be
taste fill addi1ions . Ms . Bradsha w said her co nce rn was the same as Ms. Pierson ·s. and that is whether we
ha\'C design stan da rd s in our co mmu nity.
City An omey Orotzman sai d we do h:iv e ce rtain standards . but we ca n not enforce private covcna n1s. It is
1hc rok of th e homco wrn:rs · ass ocia 1ion to do 1ha1. One of the iss ue s that is co ming forward is 1hat
Pl:mning and Zo ning is go in g to be rc\'iewi ng :ill of the standards, such as se 1 back, pop lops nnd de sign
stand ards . That is one of the 1lungs Co mnumit y Dc vc lopml.'.111 and Planning and Zo nin g hav e been ch.:ir ged
with . so that is going to be mo ving forw.:ird. lw said .
Mayor llr:idshaw sa id . if so mco,w wa nt s 10 do that now. the y can . Mr. Brotzman said 1hey ca n. within our
regulatio ns.
Co un ci l :Vlcmbl.'.r Moore sa id the 1h111g he wo ul d like tu make sure ofas we cmer th ::t phase , is whet her we
wom to consider res tr ic ting pop lops in l\cncral. not at aU or mu ybe fo r R-1-A onl y. I gue ss 1htH 1s go ing 10
occur through 1his other proce ss anywa y, he adde d.
City A11ome y Brotzman said 1ha1 is supposed 10 be mo\'ing fo rwa rd.
Mr. ~l oorc aske d Cit y Manage r Sears ifit w.:is possible to emp ha~ize th:u que stion 10 that committee . City
Manag er Sears said that is probab ly part of the Com prehe nsive P!Jn upda1c, and is an is sue th:u has been
out there fo r quite a while. He said he co ul d 1101 sJy ri ght now how far the Planning :1nd Zoni ng
Corn.m iss ion h:is go ne in 1ha1 re ga rd . The -.:o\'ena nt s are a difTeren 1 issue outside of that, he sa id, and he
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Englewood City Co uncil
March I 8, 2002
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WBS not sure if the PIBnning Co mmi ss ion even se 1s th:11. Tiu: cov enants s1ill ha ve 10 be overcome within
1ha1 neighborhood .
Mayor Oradshaw said the y ran into this in Arapahoe Acres whe n they became an hi s1orica\ disln ct. Th e
cove nanls . because the y had 1101 been acted upon . lapsed. she advised. and she felt 1h n1 wa s lhe case here .
They lap st:d because !here ne ver w:is a meeung :if.er 1955. she sa id , so that was the lega l opi nhm we go t.
Co un cil Member Moore :iskcd whn1 the best adv ice would be that he could give tht' peop le 1vt ,o were
askmg him how 10 deal wi th 11. He recognized !hat the City co uld not do anything , but most of them can
see the coven:rn1 :i nd th ere is an archuectural co ntrol co mminee that has not be en around for tv. ~nty or
thin y ye ars. he said .
Ciiy Anomey Brotzman said th e gro up shuuld find a private anome y 10 advise them.
Mayor Brads hnw co nmu~nted that Judith Be ggs Pierson is an anomcy.
(iii) Council Member Garrett said righ1 outside Civic Ce nter as yo u go to Hampd en.
there are no lines on the street anymore . Thi s crea tes an in1eres1ing dynamic , he said, when people are
decidi ng wheth er it is a double 1um left . He 1hought the Ci1 y mi ghl wan t to clean that up just a bit.
Ma yo r Bradsha w added thnl everyone makes that unofficial right tu m lane . Mr. Garrett agreed, .'nd said .
al so. when yo u arc co mmg ac ro ss nonh, yo u think you should go strai ghl , bu1 you ac tuall y ha,e 10 mo·.1e
over a little bit. and it 1s interes ting lCi watch 1hat dynamic. too .
(iv) Council Member Wolos yn
I. She advi sed tha1 she and Council Member I abholz would be meeting tomorrow morning wi 1h
Nancy Reid to di scuss the paratle . She said she wanted to bring up an issue thn1 was floatin g around before
she wen t to Washington . She did not have a chance to pursue it then. but she wa nled to run it by Co un ci l.
There was so me talk about havi ng the parade every oth er year. making ii a biennia l parade. in which case it
would be the odd yea r, and the nex t one would be in the ye ar of the Ce ntennial. ~s. Wol osyn said she
could sec some benefit to 1hat. having :i bigger parade and billing it as a biennial e\'ent. In order to
stream line the proce ss. she said she wamed 10 find oul before 1hc meel ing whe1her 1here wa s any suppon
from the 01her Co uncil members. She fel t. if there wns suppon, we should stan ii now so it l..':o uld be in the
next Ci ti ze n.
Counci l Member Nab holz said her perso nal opinion . and those of her co nstituenc y who nnc nd and
panicipate in the parade. is that every year there are thin gs built around the parade . The Malle y Center has
o craft show, and there is a Shri ne rs pancak e brea kfast. The one year that it was ca ncelled due 10 snow ,
when Am y Van Oyken w:is Grand Marshal. I do n ·1 1hink we eve r heard 1he end of 1ha1 , she reca lled .
Cou ncil ~fo mbcr Moore said he did nol ha ve a stro ng feeling either wa y, but would tend 10 say annua l. He
said he is , :1 1 !h e same time, re spectful of the con ce rns th:1 1 have been rai sed .
Council Member Gnrrett said he would say annual and did no t understand the need fo r every oth er year.
We like bands to come in yea r after year. and if any oflhem ever go t int o :i parade in the off year thnt was
annual. we wou ld lose .
Moyor Bradshaw preferred an nnnual parade .
Co unci l Member Yurchick agreed , lfwe arc goi ng to do it. let's do it every year, beca use it eliminate s the
confusion .
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Englewood City Counci l
March I 8. 2002
Page 10
Counci l Member Graz ulis vo1ed for an annua l parade also, bcc :n~sc of 1he need s uf the ci tizens .
Coun cil Member Wo losyn snid she ap pr ecia1ed lhc inp ut be cnusc she fe ll she was jus1 fac ili1 a1ing this .
Council Membe r Moo re ask ed if the audien ce at the open forum ne xt week wo ul d be a good place 10 ge t
feedback on how they value the parade .
Counci l Member Wo losyn felt th is was Co un ci l's gift, and one ofCommuni ca 1io n Specfa lis t Hoffh ines ·
concerns was that. if th is is go in g to remain annua l, she would like to get a ca ll for vo lunteers ou t in the
next issue of the Citi zen.
2. Co un ci l Member Wo losyn stated that Fri da y, March 1i8d in the Atri um. the Englewood Cultural
Arts Center Associ.!'ti on and the City of Engle wood will hos t a concen. Some of the money that Ci ty
Cou nci l gave 10 Up Close and Musical will go to help produce this perfo rma nc e, she said , and Ma yor
Bradshaw has gracious ly accep ted an invi tation to introduce the con cert on Friday night . Ms . Wolosyn said
she had tick !IS for Coun ci l members who can a!H:nd. She asked that they be su re to use the 1id:e1s if th ey
accept the m. becouse there arc only 150 seats . We have a great agreement wi th the Fire Marshal and
Assis tant City Manager Flaheny to make thi s a perfonnance spa ce, she said .
3. She said she app recia ted the oppo nunity 10 go 10 NLC. The be st pa n for her 1h is year was the
eigh t-ho ur leadersh ip seminars. II is some thing she fe lt she should ha ve done two years ago. We all ne ed
10 be wi1h oth er pe ople who are in pub lic life. and just geni ng tips on trick s of the trad e. She said she
wo ul d ha ve her repon wit hm tlun y da ys .
(V ) Co uncil Membe r Yurchick
I. He advised th :1 the Code Enforce men1 Ad visory Commi tte e meets thi s Wed nesda y and two of th e
agenda items will be s1afT's role wit h th e co mmittee and the ordinance fanning the committee . He said he
asked City Attome y l3ro tzm:m and City Manage r Sca rs 10 come and address th ose two issues .
2. He saiJ there was a lcncr in the Englewood Hc:rald about abuse of the dog parks. He asked if
there was any follow up bei ng done . The Park s and Recreati on Commis si on agre ed 10 do th is on a test
ba si s wit h some fo ll ow up 10 sec if II wa s crc:iting nu isa nces or not. he re ca ll ed .
Council Me mber Garre ll said 1ha1 camt: up brielly at the Pa rk s and Rec reation Co mmi ssion me eti ng, but
there reall y is not en ough data ye t to sec how 1ha1 is working.
Mayor Bradshaw sn1 d she had put in a reques t 10 have two more of the bag ho ld ers at Ja son Park on the
wes l and south sides.
(v i) Co un ci l Member Grazuli s
I , She said one of he r constituents wanted 10 know why the re were ca mera s at stopligh 1s. especi all y
al Do,\1ting and Hampden . lnd a1 lm.:l and Fl oyd. Th e ca mera at Inca nnd Flo yd appea rs to be poin ted at
the buil di ng instead of the mte rsecuon . a nd she wa s wondering about priva cy issues .
Dire ctor Ross said . regarding the came r:J a1 lnc:J and Flo yd, th ey are trying to determine wh eth er it co.n tnk e
the place of the loop det ec tors th :Jt Jre in the ro:1 d. Wh en you gel snow and ice conditi ons. peo ple ofle n do
not park over the loop Jere c1ors Jn d 1hi:y do not acmntc the light. We are tryin g out the camera s at th at
in tersec lion , ;md th ey do not havt: the c:Jpabiliry to be moved arou nd . He said if ii ha s moved , it is probably
due 10 wi nd . bu t lhL"y will check 11 . II is probabl y pointing where n is supposed 10 be, he con tended,
be cau se we ha ve not go tt en :my co mpl aints that people are not able 10 actuat e that signal.
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Eng lewo od Ci1y Cou ncil
Morch 18, 2002
P:ge 11
Cou ncil Member Yurch ick asked if the cameras are j ust used to ::1c tu111 e 1he light , or is there a tap e that goes
with the camera.
Mr. Ross said City Anomc y Orotzman would not allow them 10 do nny taping wit h those ca meras . We do
have a few cameras 1ha1 we use lo observe co nditions and siruations , he al /owed . Th e one at Hampd en and
In ca is like that , where it will mo ve arflund and they c:m do swee ps and that son of thin g. But we do not do
any tapes at all , he stre ssed .
Ms . Grazu lis asked about lhe one at Downing and Hampden. Mr . Ross felt 1hat ca me nbou l as a result of
worki ng wit h 1hc T-REX people. There is goi ng 10 be a variab le message sign tha1 will be inst:11led j ust as
yo u :ue leaving the City of Englewcod. he said, on the sou th side nt about Lafayene Sm:et, in that linle
triangle.shaped parcel that used lo bel ong 10 CDOT . The variable message sign will give advance no tice 10
incide nt s occ urring on Hampdcn to the east. and 1<"?5 . Mr. Ross said !he ca mera s are goin g to be used by
T.REX os part or th eir inciden! mana ge ment, and they ho ve them at Broadwa y :rnd Hampd en and :u
Downing and Hampden. just lo monitor what is happening on HBmpden . If we have an incident on 1.25,
Lhe y wo n't direct them 10 Hampden if it is blocked as we ll.
2. Counctl Membe r Grazuli s asked if1he memo she had received. da ted March 7dt, reg arding the
Englewood Sc hoo l Safety Co mmince . had :my1hing 10 do with !he SchooVCity Co mminec .
Co uncil ~,(ember Moo re said it was just th e Schoo l Sofo1y Co mmince .
Ms. Grazu li s said she just wanted 10 make sure sh!! did not miss the Sc hoo l/Cit~' r:'o mmince, bi::caus e she
had asked for notificati on .
3, She said she not icet..l , in tla ul\. y between Lincoln ;:md Broadwa y, on the cas t side. during one or
the las t stonns , that there \\:IS a pap..rb1•y or so meone who did not wBnt to make their rou11ds and dumped
about tv.·o do .ten pape rs in th d r blu e wra ppers all along the alley .
IJ . Ci1y Manager's ft c~•ort
{a) Ci 1y Manager Sca 1, ~nn ou nced that the Tn•Ci 1ies meeting wou ld be thi s Thu rsday
morning :u th c Englewoo d Go lf 0 ,111 .e. We have a range of issue s that have co me up , he said. 1ha1 \IC
h:i.\·e notified cvcryone :i.bout.
{b) C1ty Mana ger Sca rs expressed a~prcc ia1ion for bei ng :i.bk to an cn d NLC. A couple of
is sue s came up there, he said . One was homeland security, which is one is sue that we arc looking a1 very
clo sel y. TI1erc ha s, in fac1 , been an elevat ed akn the la st coup le ofdnys for na1ional awilrcnl'SS ofa
lcrrori st :ma ck. He felt 1he iss ue s with FE~1A would increase O\'Cr 1he next seve ral montl1 s. Di rec tor
Ol son has 1:1.ken o. prett y strong leadership ro le wuh 1ho.t. he added . Second ly, at the mce 1ing th ey 1nlked
about how imp orlJnl Orownlicld s Ur.mi s were . We arc hopmg 10 proceed wi1h a nationa l award tha1 is
goi ng 10 be out tlu s ne x1 year m tcrms of thc 1ype s of things we have done wi th Br0\\1l field s. \Vc hJvc let
all of our congre ss ional Jclega 11011 know 1ha1 we are intcrc st('d in doing that.
{c) Ci ty Mana ger Scars said he was planning to take the next week off. His wife was out of
school and !hey were going :i.wa y. H.: said Assis tant City Manager Flahcny would be working wi th
Council Mcmbcr Yurch1 ck on ncx.1 Mond:1iy night 's forum. and staff would also be here .
14 . Clly All orncy's Rcporl
City Att orney Brotzman had no nuucrs to discu ss .
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Englewood Ci1y Co un cil
March 18, 2002
Pa go 12
Co un ci l Member Yurchick asked abo u1 Ch1cfMoore ·s response on his que stion as to wh y a hobb y li cense
was no! bei ng enforced . He aske d whet her Co un cil w::mt ed to look at that. or have him 1ake it to th e Code
Enforce ment Advisory Comm iucc an d ha ve them look at it.
Ma yor Bradshaw said lh is li ce nsing thin g has son of bugge d he r a0er th at las! meeting , it was so
di sco nnecte d. She said sht was pe rsona ll y not m favor or ii. as for as the dog lic ensi ng. She wo nd ere d if
the y co ul d Sil\'C Code Enrorcc mcn1 a lot of hc:adachcs .
Co unci l Member Garre ll said he had ac tua ll y rece ived a coupl e of ca ll s regardi ng !hat, and the indi ca ti ons
were that it was co mmittee init ia te d as mu ch as staff initiated. 111 thc ir view .
Ma yo r Brad shaw said she was look ing at their budget , looki ng at that costi ng us another perso n, and maybe
1his is no l the time to eve n dea l with it.
Co un cil Member Moo re asked if it wo uld be an op 1ion to let 1he vo ters answe r that one.
Ma yo r Bra dshaw asked if he meant on licensing .
Mr . Moore said yes, dog li censin g. He said one of hi s big conce rns was that he was not sure what the
pe opl e wa nted. He all owed th :li he did no1 know what kinds of 1hings Co unci l was will ing 10 se nd 10 1he
vo 1ers. so he just wo ndered if 1hat was an op rion.
Mayor Bradsha w said they co uld send it to the vo ters. that was always an opt io n .
Co unci l Me mb er ~foo re said one of th e reasons for not doing it was if ii was cos tly to put it on 1hc ba ll ot.
Council Member Garren sa1J there 1s a cost. and, fro m hi s perso n.ii viewpoi nt , 1here is a responsibi lity that
Council has . .ts elected ollic 1al s. to ma1'.e certa in decisio ns, Thi s is one where we can ga ther inpu1 , but it is
Co un ci l's decis ion . lfwc se nd a li ccnsmg ma11cr 10 the \'O tcrs, th en I don'\ kn ow wha t we wo uld not se nd ,
he sai d.
M:i yor Br:ids ha w sai d ta x is~uc s, of course. have 10 go . Ma ybe 1hc redi str ic ting needs to go and the
Ar:ipn ho:.: Co unt y 1.i x need s 10 go .
Coun cil Member Gr:iz ulis said the origina l \.)ue stion was about that hundre d do ll ar thing fo r th e cars in th e
backyard wnh 1hc tarp s over them .
Mr . Yurchic k said hi s que stio n is whc1h er they wan t Code Enfo rcemen t to lo ok at it. if not, the n we
probabl y need 10 take 1he la w off th!! books. sin ce i1 has not been enforced sin ce 1993.
M:iyor Br:idshaw said she did not un de rstand why it co uld not be enforctd.
Co uncil Member Gra zuli s said the y said 1t-•iy did 1101 h:i vc enoug h mJnpower :md she fou nd th:i.t hard 10
beli eve.
Mayor Brad sha w sa id if you are in the b:ick yard , an d there is an aband oned car there, yo u check to see if it
is li ce nsed. If it is not. you \\T il e a tic ket. nghr!
Direc tor Olson s:iid , as the la st par:igraph indic ate s. we do enforce . The prob lem 1s th e permit part of it,
where you actu:i ll y have to iss ue a pcmut. J USI like with the :ini n1:1l lice nsi ng. Is it more wo rk 1han !t is
wort h'! We arc cn forcing it. he said. but ii 1s 1hc pennit sid e of 11 th at is prob lema ti c. If the y have dereli ct
ve hi cle s, we are enfo rcing ii, h1: :messe d.
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Eng lewood Ci 1y C'oun c1\
Ma rch I 8, 2002
Pa ge 13
Co un cil Member Yurch 1ck said hi s questio n is on the pc mllt side .
Director Olso n said th e question is whe ther yo u wa nt to go ah ea d :md se t up this mechanism that ne ve r
rea ll y go 1 put into pince. whi ch co n be rel:uively co mpli c:ued, especia ll y if you arc doing it every yea r. It
stales every six months on so me of th em. But we are definitel y enforcing it.
Mayor Bradsha w as ked what Co uncil's plenurc w11s . lfwe do not have a petmil , th en ma ybe we should
remove it. she sai d.
Co unci l Member Gmzulis asked if i1 would :i ddrcss some of the ca rs on blocks .
Director Olson s3i d they enfo rce that. We do r.o t have cars on bl ocks out there.
Cou ncil Member Gr:1zulis asked a.bout cars in bac kya rds with tarps over th em and flat tires ,
Director Olson said the problem in a lot of cases is tryi ng 10 gc 1 into the bacl,.-v1rds, and some time s a co urt
order is req uired . We make sure th e one s on blocks ha ve the cove rs on th em. but it is just the :ispcct of
whe ther we sho uld go out and try 10 fNce people to get thi s permit. That is wha t we wo uld like to know.
wheth er you want us to pursue the pc:nrnt pa rt of ii. not th e enforce ment side .
Cou nci l i\frm be r Yurc hic k said his concern on thi: enfor cement sid e is that he ca n th in k of two locations he
dri ves by ev ery day. that arc highl y visible. that have abando ned ca rs and backyards full of junk . The guy
has knoc ked his fe nce dO\vn so he ca n bac k lu s truck in there at night on the co mer of Oxford and Inca .
His ba ckyard is full ofboa1s and trnilc rs. That is my co nce rn . !fit is bi:ing enfo rced, fine. he said , but ifit
is not , do we want to push thi s. or do we wan t to tak e it olT th e books'!
Ma yor Bradshaw asked ifhc meant the permit. Mr. Yurchick res ponded affinna ti ve ly.
Cou ncil Member Moore asked if ha vi ng the pe m1i1 give s us the abi lit y to do so methin g that th is other
enfo rce ment provis ion doc s 1101.
Council Me mber Yurchick said it just make s them pa y money to ha ve that ca r plrked th ere.
Director Olson agreed . He said they wo ul d do it ei th er wa y. If Counci l wants them to pu t some
mechanis m in pla ce. 1he y will. We arr ~till enfor cing, and. obviou.;ly. if there are so me areas where we arc
not. 1hcn we will do ii , but it is th e p,:m1it 1ha1 ne ver go t ca rri ed 1hrough.
Mr. Moore asked if the incid ent !11:1 : Mr. Yurchic k described was legal. In temlS of storing things in you1
backya rd. whe n Jocs II become ill,:ga) he asked .
Director Olson said it becomes 1\lcgal when you ha ve de reli ct. abandoned \'Chi cles . If you have a dereli ct
vehi cle i1 cssc nt1a ll y means 11 is unli ce nse d and unmo vable , bu 1 if someo ne ha s a car that looks , to us. lik e
junk and ha s a va lid license. then the y cnn h:we it ti ere . A lot of people will clni m th ey :i.rc worki ng on ii.
and we hav e 10 wo rk with them on that aspect of it a ·so.
Mr. Moore said the penni t, 1hcn, just add s il la yer whe re the y have 10 pJ y a hundred dollars . Mr. Olson
said 3bsolutely .
Mr. Yurchick S3id six months is free , 311d after that you h:ive to pay one hundred dol:1rs a yea r. Mr. Olso n
said it is renewab le yearl y. whi ch is the big prob lem. Counc il Memb er Yurchick sai d it would be a
ni ghtmare to try 10 enfo rce ii.
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Englewood City Counci l
March 18 , 2002
Pa ge 14
Mayor Bradshaw asked if Mr . Yurchick's reco mmendation would be 10 remove the pc nni t.
Mr. Yurc hlck s"1d that recommendation would hav-: to come from the Code Enforccrmnt Advisory
Co mmittet\
Mayor Br.ic4 d u.w saiJ let's have them look 31 it and m.1kc a rcco tnmtndation . I tried on the lic ensing , she
said, and I guess the/ can do 1ha1, too .
Mr. Yurchick said to plan on a public hearing .
15 . Adjournment
MAYOR BRADSHAW MOVED TO ADJOURN . Th e meeting was adj ourned at 8:25 p.m .