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HomeMy WebLinkAbout2002-06-03 (Regular) Meeting Minutes• • • ENGLEWOOD CITY COUNCIL ENGLEWOOD , ARAPAHOE COUNTY, COLORADO Regula .· Session June 3, 2002 I. Call lo O rd er The regu lar meeting of the Englewood City Council was ca ll ed to order by Mayor Brads haw at i :30 p.m 2. lnvocallon The invoc:u ion wa s given by Cou nc il Mcmbc1 1 ab holz. Pledge of Allegiance (a) Cub Scout Pack # 172 presented the colors and led the Plet.ge of Allegiance . Tim Sullivan thao!<t.l Counci l on behalf of the parents, the Cubs and the f,iends of Pack #172 . Through your generosity :me your staffs generos ity, we have been able to use the Recreation Ci:nter . We planted the fl owers out in front of the Recreation Center this year, he said. We wo uld like to thank Mr. Sears , Mr. Black and especiall y Lynn Hargrove at th e Rccrcau on Center, who has scrambled to make swc we had a place 10 have our pack meetings . Also , 1 would like to thank Dr. Lumpa of Charle s Hay Elementary School. We look forward to helping ou t where ever we can, he s~id . Mr . Sullivan offe red Council his thanks and apprcc ia1ion . Mayo r Bradshaw said they were welcome 10 come back . She thanked nll the parents nnd famil y members for coming . 4 . Roll C•II Pre sent: Ab sent: Coun cil Members Nabh:>lz, Moore , Grazulis . Wolosyn, Yurchick, Bradshaw Council Member Garrett A quorum was pre sent. 5. Minu tes Also present Ci ty Mana ger Scars City Attorney Broizm:m City Cleik Ell is (a) COUNCIL MEMBER GRAZUL IS MOVED, AND IT WAS SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 20 , 20Cl. Mo 1ion ctmir:d . Ayes : Cou ncil Members Nabho lz. Mno re. Wolosyn, Yurchick , Grazulis, Bradshaw Nays : None Absent : Council Member Ga rren 6. Scheduled Visitors Englewood City Co uncil June 3, 2002 Page 2 There were no sc heduled visitors. 7. Un.scheduled Visitors There were no unsc hedule d visit ors. 8. Comm unic a tions , Proclamations and Appolnlmenls TI1ere were no co mmun ica· ions , proclamations or appoi ntments. 9. 'Public Hearing No publi c hearing was sc heduled before Co un cil. I 0. Consent Agenda (a) Approva l of Ordinances on First Rea din g COUNC IL MEMBER WOLOSYN MO VED , AND IT WAS SEC ONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I) and (II) ON FIRST READING . (i) COUNC IL BILL NO. 27, INTRODU CED BY COUNC IL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPT ER 6F , SECT ION 6, BY THE DELETION OF SUBSECT ION C, AND TITLE 15, OF THE ENGLEWOOD MUNICIPAL CO DE 2000 WITH THE AODITlON OF A NEW CHAPTE R 16, PERTAINING TO GARAGE SALES . (i i) COUNC IL BILL NO. 28, INTRODUCED BY COUNC IL MEM BER WOLOSYN A BILL FOR AN ORDINANCE AMENDING TITL E 4, CHA PTER 4, SECTION 4, SU BSECT IO NS J AND 4, OF THE ENGLE WOOD MUN ICIPAL CO DE 2000, PERTAINING TO THE EXEMPTION FROM SALES TAX FOR GARAGE SALES . Co unci l Memb er Yu rc hi ck said he had a question on the f'i'St co uncil bill. He sai d it talks about the signs and the removal of the signs , but it doesn 't discuss the per1a lcy tha t would be imposed if yo u don 't remo ve th e signs. City Atl omey Brotzman exp lained that the penalty is at the very end. It is our ge neral penalty cla use, he said . Ma yo r Bradshaw asked if that is co nsisten t wi t!, lincring . City Anomey.Brotzman said th at is co rrect. Ma yo r Bradsha w asked if the re we re any oth er que sti ons. There were none . Ma yo r Brads ha w ca lled fo r the vo te . Vote res ults : Ayes : Co unci l Members Nabholz, Moore , Wo losyn, Yurchick, Graz ulis, Bradshaw Nays: No ne Ab se nt Counci l Member Garre n • • • • • • Enalewood Ci ty Cou ncil June 3, 2002 Page 3 Motion ca rried . (b) /',p prova l of Ordinances on Second Rr:ading There we re no items sub mi tt ed for app roval on second readin g. ( c) Rcs 0Ju,£:;11s and Motions There were no reso lutions or motions submitted for approval. 11. Regular Agenda (a) Approval of Ordinances on First Reading There we re no addil ional items submitted for approva l on lirst reading. (Sec Age nda ll enl 10 -C,nsent Age ndn .) (b) Approval of Ordinances on Second Reading There were no i1ems subm.ittrd for approva l on second rending . (c) Reso lutions and Motions There were no reso lutions or motion s submi tted fo r approval. 12. General Di sc ussion (a) Ma yor's Choice (i) [Cleric's note : See page 6.] (b) Co uncil Mem ber's Choice (i) Council Member Grazulis : l . She said I rea lize this is not my area , but I was talki ng to a lady about the 4600 block of Mariposa . She said there is ~ real ni ce lot sining on the Ci ty Dil ch and ii shou ld be just one , but the y arc subdividing it into :n le a.st two and the copper tubing is already coming out of the ground . Mayo r Bradsha w noted Co unci l had received a pa cket on that. Doug Garrett and I both spoke to the woman. she sa id, and what happcnc1 was 1hat there were some lots that were annexed into the City in 199 1. The City rczo ncrl the pro ptnies to be si milar to the forme r county zo ning . City Manager Sears noted it was actuall y two areas . One side was R-IA and the y al ready had so me R-1 A there and the other was R-I C and they already had R-I C there. So when lh e PlaMing Commissi on looked at it, through all the publi c hearings . they said we think it shoul d be consistent with this ne w prop erty coming in ... to what is a.lready there . Bec ause, there is already so me R-I C there . As a resu lt . they annexed in. based on that. But the y went through public hearings and the y had a statement of fa cts as to why the y ca me 10 tb;lt co nclusion at that time . By State law, yo u have sixty da ys from when a propeny co mes in. to zo ne it. Co uncil Member Gra zulis sai d I think it is unfortunate , becau se it will be th e onl y one like it in the area. But that . she s::i id , is just from my observ at ion . Englewood C ity Co uncil June J. 2002 Page 4 Mayor Brads haw so.id I beli \ c th e person who ca lled yo u is th e one .v ho ca ll ed me. I di rec te d sto.ff tu call her . She didn'I like !h ei r ar,-,\~•r s~, !i he ca ll ed Do ug Garre n. Cou ucil Member Garrr!t met wi th her and she was given th e sa me answe r. Th~n, Mayo r Bradshaw sa id . she ca ll ed Cou nci l Member Grnz uli s. Mayo r Bradshaw stated it is un fortu nate and we are looki ng at way s to do a better job, bu1 we don't :,ave th at man y properties co ming inlo 1he Ci ty now. 2. She said in th e 3900 block of Sou th 'hr,J dway, on the cas t side of th e stre et, th ere is o 1900 sq uare fool area there. It was up for rent for man y, 1 ~ny, many months and now it app ears th at it is going to be another second hand store. I don't know if we ne ed to address that, she sa id , be ca use tho.t entire snip is going 10 be nothi ng bu t seco nd hand eve rythin g. I don't wa nt to put anyone out ofbusim:ss , bec aus e we wa nt 10 mak e sure tho.I ou r antique peop le don 't fa ll into th at same ca te go ry, bu t this is a second h,.md clothing store . I ,.b,-J ught ! ·.vo uld just give yo u a heads up on what is goi ng in th ere . I th ought at one time , she sa id, thot w1. h,1, I disc .... ;ed tryi ng to slow down so me of the second hand thin gs go in g in . Ma yor Bradsh '\ .... ;zA I th,-1\.. w~ almos t need 10 look at m11ybe res trict ing any more of tho se co min g in wi th the foo 1 limitati on. Ii : w,~ have on so me other stores . Maybe . she suggested, we ju st need to add thac type of busi ne ss to the list. Co uncil Member Graz uli s said okay . But, she noted , being an an tiqu e person myse lf, I don't wan t to see antiques thrown int o that ca tegory. because that is a whol e other type of busi nes s, as oppose d to seco nd hand clothing . At least, she sai d, I loo k at it that wa y. 3. She asked what hap pens whe n people wa nt 10 loca te a new busi1 ,..-ss in the Ci 1y. When they co nt act the Chamber , does the Chamb er 1um th ese people ove r to Commu ni ty De velo pment '! Do th ey ju st give them a packet wi th infommtion on the available land sites or, if they contac t Co mmunity De ve lopme nt, do the y !U rn anyt hin g over 10 the Cham ber? She asked if there was any b xty wo rk ing wi lh anybody else on that. Mayor Brads haw noted th ere use d to be a packet that the sc hools, th e Cham ber and the City participated in, bu1 we ha ve n ·1 done 1hat for years. Ci ty Manager Sears noted that Jan Johnson wo rk s continuall y with th em, and we arc in con tact with the Chamb er on a da il y ba sis . I suspect we arc doi ng 1ha 1, he said, but I ca n't answer that ques ti on . Co un cil Me mber Yurchick advised that Jan Johnson gives /. SE, in their packet , a li st of all ava il ab le spac e in Engle wood. The Cha mber is on the co mmittee, he said. and in tum th ey get th at pac ket, so I would hope the y share that informa 1ion . Mayo r Bradshaw sugges ted he mention that at their next mee ting. Co un ci l Member Graz uli s said we just wa nt to mak e sure we don 't lose anybody because we don't contac t th em. (ii) Cou nci l Member Yurchick : I. He said rega rd ing Jan Jo hnso n's res ponse on the busines s letter th at is going out, I wou ld still like 10 see tha1 and ha ve ACE look at th111 before it ge ts really fommlized. Ma yo r Brads l1 aw not ed that ACE is our All iance fo r Commerce in Eng lewood gro up . • • 2. He said he just wan ted to give Ken Ross's department a plug tonight. When I left thi s momi1.g, he said. thi:y were wo rking on the strccl in fro nt of my house, ge n:ng reudy 10 micro coa t it or whr.tever 1hey • were domg . They had their no parking signs. but I thou ght it was nice tha t th ey we re go in g do01 to door • Eng le wood Cily Council June 3, 2002 Page S giving peopl e a chance to mov e th eir car, not just a ti cket and tow , It wa s nic e to sec them doing that . If yo cr car Wll S on th e strcci they were going to yo ur door . City Mana ger Seo.rs stated the y do an outs1anding job. I will pas3 lh<n vn, he said, becaus e those crews work rea lly harJ and I know th ey will appreciate the commen' frow C'J uncil on that Council Member Yurchi ck said he just thought it was a re al nic e, positi\'C thing to do . (iii) Cou nci l Member Wo los yn said we had lLII_.:.~ about lookin g imo bann ing grills on balconies and wooden patios . Ciry Attorney Brotz1niln said th is topi c is set for Sn::.!:, Se ssion ncx.t wr k. Ma yor Bradshaw said, so, that would come from the Fire Marshall lo us . (i {} Council Member Moo ·,· I. He i;.aid I rec eived a call fro m a la dy that I: '..!Iii at Emerson and 285 , because Code Enfo rcement is trying 10 ge t her to take care of some weeds along 285 . It is on a hill so she kind of feels like it is a risk to tty to do it and she doesn 't even think it is her property . I have asked Bob Moore and Gary Scars to S'!e what we can do to make sure the City and the ci tizen can find a workable solution. 2. He advised he would not be ahl e 10 make next Monday 's Study Session . I will be out of town on June I 01 \ he said . Mayor Bradshaw noted Council wi ll be conducting in tervie ws that night and will also hold an Execu tive Session . Council Member Moo re noted he could partic ipate by phone for either of those . if that is helpful and can be accommodated . Mayor Bradshaw 11c4vised that the y might need to have him on the phone for the Exe cutive Se ssion, as Council Member Garrett will be gon e al so. Cou ncil Member Moore said oka y, I am definitely accessible by phone , even though I will be out of state . (v) Co uncil Member Nab bolz : I. She reminded everyone that Saturday, June 8111 is Old Town Englewood 's Sidewalk Sale . 2. She apologi zed for leavin g the City Council Goal Me eting earl y. 1 had to get to work, she said. and I hod thought that wc wou ld be out of there by 2:30 p.n: Ma yor Brads haw said wc were 0111 of there at about 2:50 p.m. 3. She said the next t\vo things I have are of big concern to me . I have had two call s in regards to the South Metro Drug Task Force , supposedl y, "popping " a mcth house. next door to 3060 South Delaware . Ms . Nabholz pointed out that these arc the kind of things that we were asswed tha t if there w11s something li ke this happening in our City then we wou ld receive a rcpon on it So I would apprcci11 1e finding out if. in foct , it did happen . • City M111111gcr Scars said he would look into it. Englewood Cily Council June 3, 2002 r,gc 6 4. She said that on a Sa turda y ni ght. May 2t h, as I was coming hom! from work. walking down Cornell we st, there was 11 car thn1 did about three U-ee·s in the intersection and then sped off and there were all these linle kids in 1he yard . Two house s up the street on Delaware, they had a large part y all day long . At aboul 5:00 p.m. that night a truck pulled up , he backed up and all you saw was smoke from his tires and there were ki ds everywhe re and some were riding their scooiers in the street. He screams down to Delaware and Bates , then rums around and comes back •o Bate s and Co rnell . I missed the last two steps just tryi ng In find my son and his little buddy that was spending lhe night. Everybody was out and they were all looking for their kids . We called the poli ce r,n thi ,. I love our police dcparu:Jo i1I, she said , and I've neve r had but one ahcrcation with an officer that J fel. was no t fair . The y ha ve always been more than helpful to me . llut an officer Brian Co usin ea u showed up . Ms . Nabholz stated that he was one of the rude st. nastie st officers she had ever spoke n with . ln fact, she sa id , I didn 't talk 10 him, I let everybody else do the talking and l was just in the background. He did not bother to gi:t ,Ju t of hi s vehicle when we asked to 1alk to him . He was very perturbed thnt he had to pull his not eboo k om of his pock et to get the neighbor 's name . You know that , bo\lom lin e, we are all a community around ~ere , and we all take care of our kids and neighbors . The officer advised us to go over and be neighbv.ly . One of my neighbors asked if it was okay for us to go over onto hi s porch , introduce oursl!lves and let him )mow that we've go! kids and we're concerned . The officer 1old us to go ahead , so we did. We didn't know what was going to happen, bul we did . But, Ms . Nabhc lz said, the way the officer treated us that ni ght, I was not impressed , and l sin cere ly hope he ha !-a change of attitude when he deals wi th any other ci tizen in thi s City . City Ma na ger Sea rs s•1Jtcd we will do 11 full follow-up and rr view . I appreciate it. he sa id, 1hank you . Co un cil Member Nabholz sta ted this is conce rning me , Council Member Wolosyn called everyone's attentio n 10 the Spring Swing announcement that is in Council's packet. This is one of the fir st effo ns of the Englewood Education Foundation to ha ve a really big benefit , she said , and it is for a really good cause . The mon ey goe s direct to st udent s and creative gra nts. She pointed out that it is no! a board 1ha~ has a hi g,h overheaJ, so yo u can be pretty well guaram .;:ed thal yC'ur mone y, which is tax deductible, goes to e,Uler creurn•e grants for teachers or for sc holarships for Englewood kids . (a) Mayor's Choi ce (1) Mayor Bradshaw sa id they hnd a reall y good sessio n on Saturday and she wanted to thank Gary Sears and the department heads for doi ng a good job. She said she wanted to reiterate 1hat Mike Yurchick still needs some more answers to the budget cuts . I think 1hat is probably being 1aken care of. Counc il Member Yurchick said Frank Gryglewicz knows what I want . (ii} Mayor Bradshaw noted Co unci l received a memo regarding the background che cks on rental tenant s. She said she just wanted to bring it 10 Co unci l's ancnt io n that th e Eng lewood Hou si ng Authority no! on ly does the credit and reference chec k, but they also do a CBI check . I think we are working toward getting control of those properties, she sa id . as far as Section 8 is co ncerned, in nonhwesl Englewood and I think it will work ou l reall y well . (iii) Ma yo r Bradshaw snid Council received a fl yer about the Co mmunity Builder Award and I wondered ifwe coul dn't ta lk about that al the Stud y Sess ion on Jul y 1••. Then we co uld stan handing ou t so me award s to ci ti zens in our co mmuni1 y who arc doing good things with their properties . I • • • • • • Englewood City Council June 3, 2002 P•ge 7 think it is ni ce that we do that at Chri stmns, she said , but I se e some reall y be autiful y:-.. d1: and n..,) he we can look a1 the mos t impro ve d pro perti es too . Ma ybe Code Enforce ment co uld heir, ui-l':,:li 1h01. she sai d, but I wo uld hk e 10 talk abo ut thi s on Ju ly 1 .i. Cit y Manage r Scars noted that in that memo we had 111c 1t. !c:' ~ind Cl f a revic-H! ~ .. w, , , 1.tcrstot ,r! it. Council doc s want to talk about some alternati ves befo re we ac tually start 10 plll •• -~.;.,., ' ., r1rc.g ra m. Mayor Bradshaw said th en we can bra instorm on Jul y I'\ (iv} Ma yor Bradshaw noted th at on Jun e 20 th we have a concc.1 with th: Nacho Me n. (v} Ma yo r Brnd shaw said we ha ve a new show at the Museum of O ,tdoor Ans ;md the re ce pti on is June 14th • 13. Cily Manager's Report (a ) Ci ty Manager Scars said he j ust wan1cd 10 make Council aware that on South Broadwa y !here is a property wilh a hole in the ground next 10 ii. They had been pfo.Ming to do a VF \t ' on that site and it has taken us a lot of work , and almost a year, for th em to actuall y come back with a set of plans . Our contractual commercial planning review firm that speci al ize s in that rejected the set of plans they presented 10 us about two weeks ago . We don't kno w if the y are goin g to come ba ck with another set of revised pl ans , but as II result of those plans there is a ques 1ion about the hole and whether or not it is affecting the structural capacity of the existing building that is on the site . We arc worki ng with them and re quiring them to ha ve a structural re view of that building, so that we will know if it is a safe building for their current purpo ses ond especiall y if anything is going to be bu ilt on sile . Even !hough I am not a stru ctural engineer, he said , a nd I don '! know exactl y where this will go, there is some potential, th ut because of that hole that building may be affectrd from the structural viewp oint and if so, from il safety viewpoint , we mn y end up having to ilSk tho se tenant s 10 mo ve until there is tim e to rega in th e structural int eg rity of that building . City Man ilgcr Sears noted that pliln S come in and every time we are read y to lak e action there is a new updated set of plans . By Co de we are required to tak e il look at th ose, but we arc now kind of in :moiher pha se nnd we arc supp os ed to hav e a report, by 1omorrow or the next da y, on the exact status of th at buildin g. II is not in any immediate dan ge r, from our viewpoint , but we are on top of it and I just want ed 10 make Co un cil aware . in case we do ge t int o an intense situati on with the exi sting building owner. As we ma y ha ve to 1ake. for safety purposc5 , a tough s1and . Ma yor Brad shaw said it is no different than if a build ing has bee n affe cte d by a fire or som ething like tha t. We ha ve 10 make the buildin g safe . That hils been an eyesore fo r two years , she said. City Mana ger Se ars agreed it ha s been an eyesore and it has bee n hi ghly frustra ting . VFW is try ing to pie ce 1ogcther all of their fund s. De spite th e use, we still ha ve an obliga tion to protect 1he safety of th e exi stin g bu ilding. I will keep yo u pos 1ed and the Thur sda y report will probabl y ha ve the c urrent statu s of th e siluation. he said . ~fo ye r Brad sha w asked Leigh Ann li of01ine s 10 drafi a lett er to Cub Sc mn Pa ck # 172 an d eve ryone on Co unci l will sign it and we can send ii lo them. (b) Ci ty Man ag i:r Sen rs said we al so have the Comm unit y D~ve lopm cnt brea kfast thi s Thursda y momm g. Eng lewood City Council June 3, 2002 Page R Mayor Bradshaw said I rul vc a board meeting, so I have already RSVP 'd that I wo n't be there . 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Co uncil. 15. Adjournment R BRADSHAW MOVED TO ADJOURN . The meeting udjoumed at 7:55 p.m. • • •