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HomeMy WebLinkAbout2002-08-05 (Regular) Meeting Minutes• • • I. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session AuguSI 5, 2002 Sa The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7:34 p.m. 2. Invocation The invocation was given by Council Member Nabholz . 3. Pledge of Allegiance The Pledge or Allegi•nce was led by M•yor Bradshaw. 4. Roll Call Present: Absent: A quorum was present. Also present: 5. Minutes Council Memben Nabholz, Moor.,, Grazulis, Garrett, Wolosyn, Yurchick, Bradshow None City Manager Scars City Attorney Brotzman Assistant City Manager Flahcny Depu ty City Clerk Casile City Clerk Ellis Director Ross , Public Works Director Simpson, Community Development Director Gryglewicz, Finance and Administrative Services Director Ol son, Safety Services Director Lon g, Public Library (a) cmn iCIL MEMBER GRAZULI S MOVED, AND IT w AS SECONDED, TO APPROVE THE MINUTES OF TiiE REGULAR CITY COUNCIL MEETING OF JULY IS, 2002 . Ayes : Council Members Nabholz, Moore , <Jarrett, Wo1 u ''/Tl, Grazulis, Bradshaw Nays : None Abstain : Council Member Yurchick The motion carried . 6. Scheduled Visitors (a) Mark Wolfe, Deputy State Historic Preservation Officer fo r the Colorado Historical Society was pre sent to address c,,uncil regarding the Skerrin House . Mr. Wolfe advised that he is the Englewood Ci 1y Counc 1l Au gust 5, 2002 Page 2 Dirc clor or1he Slate Hi s1orical Fund, whic h is the His1orica l Society's administered grants prog ram. Ill! ex press ed his appreci;H ion fo r being able 10 speak to Co uncil this evening . He reminded Council that t-.• had already presented a letter to th em Ja1cd July 3, 2002, and asked tha1 it be made a pa.t t of the record of tonight 's meeting . He added that he would be happ y, when he was finished speaking , 10 un.s\,er :my questions it may hove raised. He emph11sized th11t the Co lorad o Hi storica l Society's primary pltc.,>l>SC is really facililntion . We are here to ossis1 pri va te propeny owners, public owners, uu1-for-profi 1 organizations :md for-profit corpo rati ons ond oil type s of propeny owners and cnret11kers to CNT;, o~,~ /he appropriate wo rk that needs to be done in saving Co lorado 's hi storic and prehi storic resource s. l11 our rol e ns facilitat ors. he said . we can offer assis111ncc and advice 11nd, bec:iuse of 1he State Historical Fund , we can even offer money, which is something ll 101 of Slate historical societies c:innot do . We are qui1e privileged in that woy, he adrled . Mr. Wolfe sa id he believes , as he stated in the leuer, tha1 the Skerritt Ho use is o very significant propeny, both historically and architec1urnlly, and that thi s Council has made so me exc ellent decisions in the past . with respccl to 1hat propcny . You chose to s3ve ii by acq ui ring ii , :ind by passing an ordinance so that his1oric properu ef in your communi ties might be designated , and yo u then chose to designate it , which was a very wise llecision , he felt . You runher chose to pursue the possibility of funding through the State His1oric:il Fund , so that the house could be stabil ized for some potenri:il future publ ic use . All of those decisions were very wise. he opined, and looked no! only al your co mmunity's pa st, but :ilso at its future . In addition to that , however. I wan1 10 remind yo u that when th e S1111e His1orical Soc iety, through th e Staie His1orical Fund , makes a gra.it, we emer in10 a contract wi1h th e gran t recipient ln this case. we did e nter inlo a contract with the City of Englewood . On page three of tha, contract, he pointed out. para graph six.u:en st 111cs as fo ll ows : "The contractor", and tlmt wo uld be th e Ci ty of Englewood. he in1erjectcd , "here by agrees to the fo llo wing for a period or 1cn years, commencing on the date of 1his :i ~reement", and the date of the agreemen t is August 20 , 2001, he said, "Section A, without the expres s wr itten pennission or the Society, no construction. altera1ion , movement , rcloca1ion, or remodeli ng, or ony other activity, shall be undenakcn or permitted to be undertaken on the propcny which would miter the architectural appearance of the propcny, adversely affect the struc111ral so undn ess of the property, or encroach on the open land area of the propeny." 111c contract goes on in severa l other sections, he said. Mayor Bradshaw asked the amount of the grant Mr . Wolfe responded that th e actual gran1 amount was $80,000.00. M:iyor Bradshaw said th:it is ifwe have ex.pended it. Mr. Wolfe said no, the contra ct has been entered into , and the first disbursemen1 has been made , and some of the money has , in fact , been spent. He said he just Wilnted 10 remind them. in case Council had forgotten tha1 the contrac t exists. The Society lakes these contractu11l oblig:itions very seriously. Mayor Bradsh aw asked what that me:ms . Mr. Wolfe sn id it means that the City c:iMot, without the exprt:ss written pc:nnission of the Society, do 3ny work on that propeny, including demoli sh it. I am not saying that yo u would not receive 1ha1 permission, he allowed . but it docs, in fact , have to be requested, and yo u will be rece ivin g an officia l letter to that effe r.l fr om th e president of th e Socie ty and the Slate Histori c Prcsc rva1ion Officer, he ad vised . Mr. 'olfe said he wo uld be more than happy to answer any que stions. Co uncil Member Yurchick suid you talk about the his 1oric al significance of the Skcrri lt House. Whal facts do you base that on, wha t proof do you have? The issue here fr ,hor nobody can identify what \,'!1 5 the original Ske nin House , he su ic!. Mr . Wolfe said he based his opi nion primaril y on the appli ca tion thot the Cit, tendered to th e Colorado Hi storicril Society in whic h yo u ~1ated ils significance . Ma yo r Bradshaw said that was before an assess ment. Mr. Wolfe allowed that it was hcfore a physical assessment of the condition of the house , which would not affcc1 its history. (b) Bryan DesManeau, 4160 South Acomo S1rcet, s:-id he is a member of the congregation of Immanuel Lutheran Church. loc11 1ed at 369S South Acoma Street, ·.vhic h is on the comer of Acoma and Kenyon . He :i~vised that he was present to :iddrcss Council reg:irc ing the chur ch's request for handi ca pped parkin g along Acoma Stree 1. in front of the church . 111.is is a co ngrega 1ion where a signifi ca nt percenta ge • r • • • • • Englewood City Council Augi,st 5, 2002 Page 3 of 1he members an: senior ci tiz ens , he said, and L'icrc arc also abo•ll eleve n fami lies with people in wheelchairs, using walkers, and things of trul,1 narure . We have sor.tc handic apped spaces se t aside in Lhe church parking lot, but the 101s arc on the west side of the church and the sou th side, across Kenyon. As you probab ly know, traffic along Kenyon can move along at a prcny good clip , and thc,c is a fear amon g me mbers of the congregatio n that it is nol a safe si tuatio n for the older peo pl e. We arc here hoping you wi ll appro ve the designati on of handicapped space s on the cas t side of the church, wh ich runs along South Acoma Street. Cuncnll y there is one designat ed spo t for loading , and 1.luu is directl y in front of the main door, he advised . We are ccr1 11inly will ing lo give up that loading zone de signation ifwe could conven ii, and mnybc the rema ining coup le of spots toward the curb, as handi ca pped parking , he said. Th: church has an eleva1or to 11ccommoda1e th ese fo lks , whi ch was ins tall ed about six or r.ight years ago, and it is lo ca ted on the cast side of the church, facing Acoma . The parking facilities around on th e oth er side of the church arc aboul 11 100-yard wa lk to the handicapped elevato r, he explained . Mr. DesMancau repeated that they were requesting the spaces along Acoma to be designated for handi ca pped, and wo uld on ly hope to sec that on Sunday mornings from ~ig ht to noon . The church two blocks down the stree t evide ntl y has 1he same de sigru11ion and it happens to be along Acoma. The y ha ve some signs up that indicate hilndicapped parking on Sunda y mornings from eigh t to noon , and we hope thilt you wi ll approve the same for lmnunu el Luth eran Church . Counci l Member Yurchick asked if there .:o uld be discussio n ill this lime, or sho uld we wai t until the actual ordinance is introduced . Mayor Bradsha w said he could mo ve the item forwn.rd ifhc wanted discussion no w. COUNCIL MEMBER MOORE MOVED , AND IT WAS SECONDED, TO MOVE AGENDA ITEM 11 (a)(lv) FORWARD • Ayes: Nays: Th e motion carried . Coun cil Members Nabholz, Moore, Garren, Wolosyn, Yurchick, Grozulis , Bra dshaw None Council Member Gil rrcn suggested that we ha ve a presentation by staff. Director Ross advised that the Public Works Depanmcnt reall y does not hllve a reco mmendation on this council bill . The City of Englewood Munici pal Code requires that peo ple who develop provide adequate parkin g It' orov id e fo r the handicapped, depending upon the size of the parking fie ld. Obvio usly, when yo11 are laying vu t a site, you arc supposed to pu t your handicapped pa rkin g as close to the front entrance as you can. and. unfonumuel y, in cenain instances where you have older buildings that were built before this co nce rn about th e Americans Y.ri th Disabilitie s Act, that door and that parking is not as conve nie nt as peo ple woul d like. In this case , it is approximately 200 feet fr om the close st handic apped parking space to the fron t entranc e of that building, he advi se d. Typ icall y. in th.it type of situation, th e City will put loading zone s, which allow peopl e to get dropped off in front of th e bui ld ing, but you can only be there fo r a certa in time period to drop peopl e off, and then go fi1Jd a parking pla ce . Th e Model Traffi c Code , whlc t: we ad >p te d by referen ce. do es not allow you to ha ve time li mi t restrictions on handicap ped parking. The City At.omey 's oOicc has drafted an ordinance tha t would allow modification to allow Counc il to deci de that they w.:nt to pro vide fo r time re stri ctions on hand icap pe d parkin g on public streets . Obvi tJSly, in the Public Works Dcp:irtmcnt, we ge t ca lled into this son of thing on a frequent basis. Elderly people who wou ld like to protect the parking in front of their house, and have a handi ca pped parking sticker, wo uld like to eliminat e puking in front of their house by anyone else and thereb y have rese rve d parking, because only about two percent of the population arc handicapped. Mr . Ross said they arc constantl y being ca lled into these linl e turf wars between apa.rt:me nt comp lexes, J c:·,clopmcnts and pro perty owners, so we try to be us reaso nabl e as possib le. Wr ;;~Uy though!, th at by providing a loading zo ne , and I think there is room for about two or thre e cars in thi s lm1din g zone . that we had acco mmodated that, he sai d . Englewood Ci ty Counci l August 5, 2002 Page 4 Ma yo r Bradshaw asked if this w:is an amendment to the Model Traffic Code . Mr. Ross said ii is an amendment to our municipal code , which wou ld allow th ese lime limit re strict ions . Counc il Member Moore asked. for the sa ke of the audience , that Mr. Ro ss explain why the c'-. ..,,rch down the street has these signs alre:idy , ifit is not permitted under the Code . Mr . Ross sa id thor ~ nrking sig ns were put up before Traffic Engineer Ve stry 's li me. We resea rched our re cords and cou 'J not find the justification, but the bad news is 1ha1, if a per! >n pnrks th ere who docs not have a ha r.;icapped sticker, we really could not ticket because it would not bi . enforcea ble . Council Member Yurchick sugge sted :rn alternative . We seem 10 have a lot of pcnni t parking in place , he said , so what if we just made that pennit parkin g between wrultcver hours the churc h nee ds it, 11nd let the church monitor who gets the pennits, and it wou ld op en it up the rest of the time . If we put Ul-hrmdic nppcd parking . it does nol protect the church on Sunday morning because anyone wi th a handicapped st ic ker could park there, even though they may not be goi ng into th e churc h. If it is by permit parking, 1n least the y ,..,.,uld be protected for that blo ck of timt:. Mr. DcsManeau agreed . Council Member Wolosyn said she was go ing to ask for a discussio n of ahem:itives, and agreed with Mr. Yurc ' ick's suggestion. Counc il Member Moore asked if Mr. D~sMarteau felt that would be a better swap , between the handicapped parking ve rsus the loading 2.one that they have now. Mr. DcsManeau said they had discussed this in the appropriate conurunce with in the ch urch and we would be willing to trad e th e loading zone spot for 11 rulnd ica ppcd spot, but I wou ld certainly entertain any possible compromises. Mayor Bradshaw sa id the church, then, would be responsib le for the permits and that way if they had so mething to load, a permit cou ld be placed in the windshield . Mr. DesMarteau asked if th ere was any poss ibl e objection to gi vi ng th e church the discretion to hand out the permits . Coun.::i l Member Yurchick asked if Director Ross has to do that. Director Ross advised that, the way the permit ordinance is currentl y wri tten, we iss ue a cenain number of permi ts. and th ey can admini ster th em any way the y w;mt to. Mayor Bradshaw asked if that would work . Council Member Moore said he was not opposed to it if the church wo uld like 10 go that route . Counc i" Member Garrett sa id he had an objection. From a philosophical point of view, are we willing to do this for every church. or every non-profit? He said he understands the need, but al so, these are pub lic streets thnt all the citizens need to enjo y, nnd once yo u start making cxcepti o!'~, d.:i we want pennit parking around every church in Engl ewood, he askc1 . Th11t is something we would have to ask, and I just do not know where we would stop wi th th e exce pt io n 10 our publ ic policy. Whether it is handicapped with 11 time limit on it . or so me other so lutio ns, suc h as penni ts . I jwt wonder ifwe will have signs everywhere throughout Englewood. Ma yor Bradshaw said or pennits with signs with time limits . Mr . Garrell so.id he j ust doe s no1 lcnow if that is what we want as a Counci l. Mr. DesManea u recognized that that WllS a strong :i rgumenl, if you make one exception, th e rest follow . Bu t it is also 11 matter of public policy in thi s society that we make certain accommodations for people in that position. It is the role of th e Co uncil to weigh th ose poli cies and mak e decis ions , he added . • • • • • • Engle wood Ci1y CoWlci l August 5, 2002 Page 5 Co uncil Memb er Garre n said , if yo u ha ve 1wo spo 1s in fro nl or th i: church, and you ha ve eleve n fomih cs who ha ve 1his iss ue, it beco mes a fi ght . They s1an gcning 1herc at 6:00 n.m. 10 gel lhc spot. He did not fc I th is would rull y address th e co ncerns and did not know if ii solves the use of the street Mr. DcsMant!au said it may nol so lve th e issu e for all eleven fami lies 1ha1 arc invol ved, bu1 it wou ld ccna inl y alle viate the prob lem for a number of them, and we would be will ing to make those decisions 11s 10 who is more 11ppropria1c to rec eive the pemlits. Council Member Garren said, for him to be supponi vc, he would ha ve to have a full unde rs1anding of 1he poli cy we ore se tting. Arc we go ing to say nil churche s have thi s ability. bec au se 1 would hate to say yo u can come and ge t it , and 1ell the next chw ch that we arc not go ing 10 do thal anymore. I wo uld like to ha ve a finn polic y ;o we do not ha ve 10 make individual judgme nt ca ll s. Council Member Grazuli s comm en1ed tho.t , for churche s th at do not have thi s acce ss ibility because of when they were bu ih, we should ny the permit. If it does not work out . then we can come ba ck 10 the dro.wing boo.rd . Council Member Moore said his persona! reaction to the permit s is not a good one , onl y because he does no1 lik e adding thi s extra layer. How do yo u all oc ale the permi ts, who has the authority to do it? Th! handi capped parking pennit is already in pl ace . Th e fundam en tal rea so n for doing thi s still seems cl !an to me, he sa id . I feel that . ifwe put permit parking there, we have gone a s1ep too far . We ha ve already made thi s desig na1 io n of a load in g zo ne, and ac commodating thei r requ ~s t 10 nuke it a handicapped zo ne so unds like 11 very small chan ge, something easy to do . As fa r as poli cy goes, I am 1101 sure exac 1ly wha1 th11t is. When I look at ii , it is a very si mple , strai ghtforwa rd reque st in thi s case . For me , thi s is an easy one, he sai d. The spac e is alread y there, and we have already made 1hat decision . In terms of wha1 other busines ses might wan t. the y ca n make that reque st about loadi ng zo ne s, al so. We could be pu tt ing loading zones up in fr ont of a wide variety of plac es, so I think we have already en tered in 10 the bit of discretion 1hat is going 10 be in volved here . Mr. Moore felt this wo uld be adequate poli cy for now. Council Member Wolosyn said she could not su ppon the ordinan ce bec 3use, although Mr. Moore speilks of it as a sing le instan ce, it is not. We are changing the law, and 1 feel that we are supposed to make genera l la ws . I reall y do feel that a loading zo ne is the optimum way of solvin g your prob lr m. she assened, be ca use. as you said , you nev er know how many peo ple you will ha ve who need it, and a loading zo ne is fa ir. Everyone has equal access 10 the front Mr . De sMar1eau said the loadi ng zone is not solving the problem and that is why he was here 1onight. Co uncil ~ember Wo losyn added tha t she was nol in fovor of changi ng the law . We are bei ng ilsked to make an exce pl io n, but who gra nts varian ces on things like thi s, she asked . ls it Council? Mayor Bradshaw said it ii, our job. Ms . \Vo losyn said she W.J\.l ld be more likel y 10 entenain that, than to ch,rn ge th e law, beca use it opens the fl oodgate s. Co uncil Member Yurc hi ck Sil id that is the adva ntage of a pcmli l. TI,e law is alrea dy in plac e, all we do is put up the sign fo r permit parkin g. Direc 1or Ross issues th em ten or fifteen permi ts and the church ildmini ste rs who get s th e pennits. and we do n't ha ve to pass a spe cia l la w 10 accommoda1c th is need . Council Membe,· Moore sa id he re spects that point of vie w. Th e id ea of 1hc City giving a bl oc k of permits to a church fe els like we are heading dO\vn a difTere n1 road th an I personally think is right. The other advan ta ge of adopting 1he ordinance as ii is . is 1hat ii wi ll brin g int o com plianc e the churches which arc in this circumstance down th e road . We could go 10 them 1nd ask th em to go 10 perman ent parking , as well , aud ma ybe that is another answer here . Englewood City Co un cil August 5, 2002 Page 6 Council Member Gruzulis stated that this is a sm. a r on-.rnunity and there arc a lot of people entering into this need in the future , and f just want to be okay with a church needing it for a certain block of time , which sec~ like no big deal. Coun ·U Member Yurchick said ii is no different than what we do at Englewood High School. Isn 't that permit parking , or no parking except for residents at certain tim es , he asked . It is the sa me thing they arc talking about doing up north of Wal-Mart , in that port of town . A, faros the church down the street, if those signs arc legal, give them the option of having a permit. Council Member Moore said he wnn tcd to make sure he was clear on things. The" permit, regardless of the outcome ofthis vo te , is something that can be pursued without any change. Mayor Bradshaw said that is right COUNCIL MEMBER MOORJ.: 1no,, rn, 'ND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (Iv) -COUNCIL Bil L :•.-() '• 'N FIRST READING. [See page 10.] COUNCIL BILL NO . 36, rNTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDrNANCE AMEND ING TITLE 11 , CHAPTER I , OF THE ENGLEWOOD MUN ICIPAL CODE 2000 PERTArNrNG TO TRAFFIC AND PARKING ENFORCEMENT. Vote results: Ayes: Nays: The morion clUTird . 7. Unscheduled Visitors Council Memben Nobholz, Moon:, Grazulis, Bradshaw Council Memben Garrett, Wolosyn, Yurchick (o) Rodd L. Wheaton. 3021 South Cornell Circle, fe ll he could answer Council Member Yurchick's question about the significance of the Skerritt House. Mr. Wheaton said he is an architectural historian, he has worked for the National Parks Service for thirty years, mostly here in the Denver and Colorado areas . I have a great deal of experience with historical architecture , particularly with vernac ul ar, which the Skcnitt House is,. which I am representing tonight. It is quite m amazing little struc re, one of those rare survivors from when the whol e metropolitan area was very rural , and they are very few and far between . There w:is one house near l ?lh and Washington Street, which is a frame · •uitding which predates Denver's brick ordino.nccs , he said . This house really represe nts the who le genre of architecture before the railroad arrived in the metropo litan area in 1871 . ll is really an examp le of Englewood 's identity at this point, and I feel very :.trongl y that this house has a great deal of architectura l significance . 1 believe , having sal or, lhe Governor 's Historic Prese rvation Rc\!icw Board fo r two long tcnns, twelve years total, that I have seen many come across the desk, and this is one of the most important little houses in this entire area, he asscncd . ll really speaks of Englewood 's pas! and its history and, panicularly of ts founder, Mr. Skcnitt. Mr. Wheaton felt it commemorates where Englewood is going next year in 2003 as we ce lebrate our tOOlh anniversary . It speaks lo the present ge nerations about the significance of 1860 's development, it was not easy on lhe frontier in 1864 when the house was built . Fina lly, it holds so mething for the future generation, Md you, as the City Council, ha ve within your hands what is going to represent Englewood in the future . I think it is very important that we give this some opportunity to decide what we arc going to do will1 it in the long term. For ex.ample, one possible use may be for teaching school children about Co lorado's history and, more importantly, Englewood 's history within the great State of Co lorado . You could bring school kids together and talk about that whole idea of the settlement of the west. In conclusion, he sai d, if funding is critical, as the newsletter seemed 10 suggest, I would hope that maybe we could just preserve il, and in the parks service, we would call it mothballing the building until we can make a good sound decision . That would prc suma.bly require a new roof and some stn bilization, without the expenditure of the funds that were suggested in the newsletter. • • • • • Englewood Ci ty Council AuguSI 5. 2002 Pogc 7 Mayo r Bradshaw thanked Mr. Wheat on . 8. Communications, Procl:1m:11lons. and Appolntmen 1s (o) co nsid ered . A proclamari on decl aring Tue sda y, August 6, 2002 as Na tional Night Out w ~ COUNCIL MEMBER GRAZULIS MOVED, AN'O IT WAS SECON DED, TO APPROH : A PROCLAMATIO N DE C LARING TUESDAY, AUGUST 6, 2002 , AS N nlONAL Nl~PT OUT. Ayes : Counc il Members Nabholz . Moore. Garre n, Wolosyn , Yurchick , Graztdis, Bradshaw Nays: None Thi: morion carri ed . Officer Nimcy Pet erso n was presenl to accepl the procl 11m.1tio n. Sh e od w d 1h01 Channel 9 would be do{ng o live brondcos 1 in our city 01 5:30 tomorrow morning on Broadwa y and Hampden , by the National Nigh ! Out bann er. She said she wou ld be there with McGruff, and anyone else who would like to join her. Ms . Pet erson sai d Chann el 9 wou ld al so be in Englewood tomorrow eve ning, so we will ge 1 a lot of co verage . Mayor Bradshaw asked Ms . Peterson to ci 1c the statistic s for our Nationa l Nigh! Olli. Ms . Peterson said , for 200 2, we hove 325 En glewood blocks that will be ce lebrating National Night Out on August 6•. Between Augus t 6th and September 7'\ we have an addi tional twenty-live blocks 1h11t will be having other panics . She said she is very proud to say that the y have sixty-six representatives from Safe ty Services and Ci ty admini stration th.:at will be tourin g the city tomorrow nigh t, which is a large number . [I made ii interes1ing fo r me 10 assign panics, she said, bul it olso did my heart good to know so many peopl e arc goir.g 10 be ou t there, For as man y panics as I could , I h.:ave hied to have rcprescn1a1ives from the City, Safi ty erv1c cs and Code Enforce~n1. so the y wtll have a cross -scg menl of our City to meet with th11t nigh!. 1 is. Pe 1crson said she has some adrti1i on11 I partie s throughou1 the month if anyo ne is interested, adding tha1 she wou ld send ou t an e-ma il wi th the addi tional nights and party locatio ns. She asked for an addi1io n.i : co py of the proc lamation to se nd 10 the na 1ional organ ization . C-:,un cil Memb er Grazulis said she is th e be st in the sta le fo r getting thi s all done . Mayor Bradshaw said Englewood is lhc be st city in the stole. Ms. Grnzuli s said . whe n she sp oke 10 the represe nta1ive at CM L, he said Ms. Pe1erson docs the best in the entire stale . (b ) A proclamation hon orin g the 50th Annive rs ary of Engl ewood Wes leyan Church was considered. COUNCIL MEMBE R GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE .' PROCLAMATION HONORING THE son• ANNIVERSARY OF ENGLEWOOD WES U , y AN CHURCH. Ayes: Noys: The motion ca rried . Counci l Membe rs Nabholz, Moore , Garrett, Wolosyn , Yu rc hi ck, Grazuli s, Bradsh.:a w None Poste r Chuck Bord en was present to ac cept the proclomalion. He stated that the original pion was 10 jus1 ask for a lener of co ngratul ations . and th e proclamation was beyond our dreams . He thanked Council. Ma yo r Bradsha w st.:at ed that the Englewood We sley11 n Church is cc leb ra 1ing its fiftieth anniversary in Cng lewood. Englewood City Council August 5, 2002 Page 8 (c) A letter from John J. Robert s indi catin g hi s re sigmuion from the Eng lewood Code Enforce ment Advi sory Committee was considered . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE RESIGNATION OF JOHN J. ROBERTS FROM THE ENGLEWOOI> CODE ENFORCEM ENT ADVISORY COMMITTEE . Ayes: Nays: The motion carried . 9. Public Hearing Council Members Nabholz , Moore , Oarrcu , Wolosyn , Yurchick, Grazuli s, Bradshaw None No publi c he.iring was scheduled before Council. JO . Consenl Agenda (a) Approval of Ordinances on First Reading . There were no additional items submitted for approval on first reading . (Sec Agend:i Item 11 -Regular Agenda .) COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (i) AND 10 (c) (I). (b) Approval of Ordinance s on Second Reading. (i) ORDINANCE NO . 37, SERIES OF 2002 (C'JlJNC IL lJ!l.L NO. 35, INTRODUCED BY COUNC IL MEMBER GARRETT) AN ORDINANCE AUTHORIZING AN "AGREEMENT FOR TEMPORARY LEASE AND /OR RE- DIVERSION OF REUSABLE RETURN FLOWS OF WATER" BETWEEN CENTENNIAL WATER AND SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO . ( c) Resolutions and Motions . (i) RESOLUTION NO. 78, SE RIES OF 2002 A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING CONTRACT BETWEE N THE ENGLEWOOD FIREFIGHTERS LOCAL NO . 1736 AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JA NUARY I, 2003 THROUGH DECEMBER 31 , 2004 . Vote resulls: Aye s: Nays : The motio n carried . 11. Regular Agenda Council Members Na bho lz , Moore, Garren, Wolosyn , Yurchick, Grazulis , Bradshaw No ne (a) App roval of Ordinances on First Reading . • • • • • • Eng h:wood City Counci l Augu st 5, 2002 Page 9 (i) Dircc 1or Simpson presc nl ed a re commer.dation from the Community De velopme nt Depanrnen1 to adopt a bill for an ordinance approvm! The Shop s at Hampden n 1• ,.... 11;:i•" Pl anned Unit De ve lopment (Sa fe,vJy PUD). He al so req ues ted a publi c l ,~10 inc for Se ptew' ~l l l{tf;:,: h. conside r th e PlaM ed Unit De ve lopment, which is a rezo ning for th e Safeway Store s. This rezom , 1/">•·'a permit a fu eling stnli on on the prope rty, he said . Ma yor Brad shaw asked fo r a motion to sci a public heoring for th e Shops at Hampden and Logon r lannrd Unit Deve lopment fo r September 3, 2002 . COUNCIL MEMBER WOLOSYN MOVED , AN D IT WAS SECONDED , TO SET A PUBLIC HEARING •·oR THE SHOPS AT HAMPD EN AN D LOGAN PLANNED UNIT DEVELOPMENT FORSEPTEMBERJ , 2002 AT 7:30 P.M. Council Member Moore soid he wanted a quick co nfirmati on of the process . This is a vote simply to hnve o. hearing in which we will get the inform:nion we need in orde r to make a decisi on . Mayor Bradshaw said abso lu1el y. Council Member Garre tt sai d this is also appro val of the coun cil bill on first reading. City Anom ey Brotzman said that was not the mot ion, but I thou ght yo u were going to do it in two pieces . Ma yor Brad shaw said this mo1i on is for 1he hea ring onl y. Vote res ults : Ayes : Nays: Thr moti on carried . Co uncil Members Nabholz, Moore , Garrett , Wo losyn, Yurch ick, Grazu li s, Bradshaw None COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO . 38 ON FIRST READING. COUNC IL BILL NO . JS, INTRODU CE D BY COUNC IL MEMBER WOLOSYN A BILL FOR AN ORDINAN CE APPROVING THE PLANNE D UNIT DEVE LOPMENT (PUD) FOR THE SHOPS AT HAMPDEN Ai'ID LOGAi'I PLANNED UNJT DEVELOPMENT , IN TH E CITY OF ENGLEWOOD , CO LORADO . Vo le resul1s: Ayes : Nays : 1l1e motion C3rricd . Coun ci l Membe rs Nabholz, Moore, Garrett, Wo losyn, Yurchi ck, Grazulis , Bra ds haw None (ii) Directo r Gryglewicz pre sen ted a rec ommendation from th e D~ • ..:tm'!nt of Finance and Adminis1ra1ivc Services to adopt a bill for an emergency ordinonce authorizing and approving the lea se-purchase of co mputer hard wa re and operating software , telec ommunica ti ons equipment, illld police laptop computers . Thi s will include suppon 11nd electri ca l upgrades to the third floor here at Civi c Ccn1 cr, 10 suppon the heating and cooling nee ds for the new equipment. This is the IBIS Project , the laptops arc for the pol ic e ca.rs over at Safe ty Services , and telecommunications here in the building , he advised . Mr . Gryglewicz sai<4 he should make one co rre ctio n in the third Where as. It says in parenth esis "also known as the IBIS or improving substantia ll y all business improvi ng service". It sho uld read "improving busine ss, improving service". We are looking at very favorable rates on this, we arc doing a five -year blend ed ra:e, whi ch looks right now like it will 1)(: 4.11 %. and I have included here what the payn1ents wi lt be . Engl ewood Ci ty Council Augus, 5, 2002 Page 10 Ma yor Bra dshaw sai d we ho.d an1i cipa1ed 4.5%. Mr. Gryg lewi cz sa id ii co ul d even be a litt h. \,e lo .v th e 4.11 % when we ge l ii fin ished. COUNC IL MEMBER WOLOSYN MOVED, AND IT WAS SECO NDED, TO APPROVE AGEN DA ITEM 11 (a) l il)-COUNCIL BILL NO 30 ON FIRST READING . COUNC IL BILL NO . 30 , INT RODUCED BY CO Cl!. MEMBER WOLOSYN A BIL L FOR AN ORD INANCE OF THE CIT Y OF ENGLE WOOD, COLORADO AUTHORIZING ANU APPROV ING THE LEASE -PURCHASE OF CO MPUTER HARDWARE AND OPERA TING somv ARE FOR THE CITY PROVIDING DETA IL S IN CONNECTIO N WITH TH E LEASE- PURC HAS E OF THE SAME , AHO DECLARING AN EMERGE NCY . Vole resull s: Ayes: Nays: Council Members Nabh olz, Moo re , Garrett , Wolo syn, Yurchick, Graz ul is , Brad sha w None Th e motion c:irned . (iii) Direc tor Gryglewicz pre se nt ed a recommenda tion from the Dep artme nt or Finance and Adminis trative Serv ices to adop t a bill for an emergency ord inance authorizing I.b e issuance of bonds for !he Parks and Rccrca 11011 Aquati cs Park Project We iss ued the first pan ofthesi : bonds last year, he said . We iss ued S5 ,810 ,000 .00, no w we are issuing $6,999 ,000 .00 in G.O . bonds . This was appro ve d al the November 6, 20 01 election, he advised, and we are looking at closing this, and the sale date will be August l 5th, so :u that tim e we will know what th e int ere st rate s are . Like the lease that we just talked about, we are looki ng at a ve l'y favorable lease rate right now. Al the mee ting on the J 9L\ I wi ll ha ve 1he actual intere st rn 1es for Co unci l, he said . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA IT E~ 11 (a) (111)-COUNCIL BILL NO 39 ON FIRST READING . COUNC IL BILL '0 . 39, INTRODU CE D BY COUN CIL MEMBER WOLOS) N A BILL FOR AN ORDINANCE AUTH ORIZING THE ISSUANCE BY THE CITY OF ENGLEWOOD OF ITS GENERAL OB LI GAT ION BONDS , SERIES 2002 , FOR TH E PURPOSES APPROVED AT TH E CITY'S ELE CT ION ON NOVEMBER 6, 200 I AND AUTHORIZING TH E LEVY OF PROPERTY TA XES TO PAY SUC H BO NDS ; PROV IDI NG THE FORM OF THE BONDS AND OTHER DETAILS IN CONNE C ilON THEREWITH ; APPROVING DOCUME ITS RELATING TO TH E BONDS, AND DECLARING AN EMERGENCY . Vote result s: Ayes : Co uncil Members Na bholz, Moore, Garre tt , Wo lo syn, Yu rchick , Gra zulis , Bradshaw Na.ys: None The motion carried. (iv) [This il em was moved fo rw.:ud on the agenda , See page 3.] (b) Approv11 l or Ordinances on Second Read ing . Then: were no addi tio na l items submitted fo r 11,pproval on second readi ng. (See Agenda Item JO -Conse nt Agen da .) • • • • • • Eng lewood City Cou nci l August 5. 2002 Pa ge 11 (c) Rc so lu 1ions and Mot ions . There were no addi1i onal ilcms submin cd fo r npprov:tl on second reading. (Sec Agend:1 Item IO -Co nsen t Agenda .) 12. General Discussi on (a) Ma yor's Choice (i) ~fa yor Bradshaw offered kudos 10 Safety Servi ces, :md cspcci111ly Na ncy Peterson and Phenomenon Entertainment fo r the first :inn ual k.ickoffpany for National Night Out She al so th ;:mked Country Buffet for suppl ying all the fo od . Michne l Yurchi ck ,va s there , Ci ty Manager Scars was there, and Chris Olson wa s there , she commented . (ii) Ma yor Bradshaw poin1ed ou1 that, in Council's packet, th ere was informati on that she had requ ested about the Greater Linlcton Youth In itia tive . She said she would like 10 forward thot to the Sc ho ol -Chy Joint C'onuni tte e to look at, along with this conference pa cket, because it is reall y important. Let's not wait until a tragedy like Columbine hits our area . I think we sho uld ha ve somelhing in plo.ce for kids r.µht now. she so.id . Counci l Member Wolosyn felt it mig ht be useful to lhe ta sk force on te ena ge drinking . Mayor Bra dshaw said howev er we can ge1 inlo a partnersh ip with the sc ho ols on that would bt: great. (ii i) Mayor Brad shaw th o.nked Code Enforce ment FielrJ Supervi so r Lynn and Di vision Chief Moore fo r the report on vehicles and how different commu nities store them., althou gh it wa s cumbersome 10 de al wi th. and I co il ed Mr. Lynn tod.iy and s.iid that. I ju st n1~ed to know if Co uncil is sur ,J Ortive of legislation 10 limit or discourage too m:iny ve hicles parked in resid ential areas, she sai d. Several Counci l membe rs indi cated their support . Ma yo r Bradsha w sa id okay, be,:ause, ifwe are not supportive, why hav e Code Enfo rceme nt go through the brain dam:ige . She said she had highlighted the area s 1ha1 she ,v-Js co ncerned about. (h·) Ma yor Br::idsht1w reminde d everyone of Na tio nal Night Ou 1 tomorro w night . :ind offered tho.nks to th ose parti cipating . (v) ~fo ye r Bro.dshaw said , regard ing the Motto issu e, that her conce rn was . when she was on Counci l befo re, we had problem µ1 1pertie s, and when we had to tak e care of them. th en we put a lien aga inst the property . She said she did not know if tha t was so me1 b.mg we wa nted to look at now . City Anomc y Brotzman said we still do that. t\-1:iyo r Bradshaw sai d that is why we did an e•mail , bec 3use I thought we had that in pla ce, but I wo.s not sure. I thought we shoul d probably ha ve 3 disc ussion about working on problem properties, how many not ices does it take, an d so fonh . Co uncil Member Yurchick sa id his co ncern with thi s pa rtic ul il r propcny i.; tha t it does not look like lhcre is any etTon on th e l3ndo\\11 er's part . Ma yo r Bradshaw said we can not lcg 1sl31 c re spon sibil ity. Council Member Wolo syn said ii was pro posed to her th:i.t we mow it down once at no charge, and th en move 10 the li en th ing. But we did mow it down once la st summer. so yo u are pre se nting it in a differnl wa y th an I unders1ood it. she sa id . Englewood City Co uncil Au guSI 5, 2002 Page 12 M.iyor Bradsha w said, if we go ahe ad and do the wo rk that will satisfy the hi ghway department. We do the work and then put a lien against the house . Council Member Wo losyn asked if she is responsib le for the work thnt we do now . Mayor Bradshaw said yes. Co W1cil Member Yurchick sn id it is a u1x lien. Ms . Wo losyn said that is different than she understood 1t. and that see ms like logica l procr-..i urc . Co unci l Member Mo-.,r,: said just as a little ba ckground , last year we took so me tre es down , we did not ge t the property fully ir.10 the state of complianc e, so that was part of my confusion, !oo . ln the end , and I have talked to the owm:r, the confusi on over the prop .;:rty is that, ifwc just get it into th e state we need it mainta ined, she assures me she will m:i,intain it from that date forward . There is confwion about two things . One is tha t what was done Inst year did not reach that le vel , and the other aspect is she has been on th e propeny for six years 1md she did not real ize it was her responsibility and it had not been brought to her anention as an issue until about a ye ar ago . Perso nall y, I am not saying I agree with all of this , I wou ld just like the property 10 be in compliance , he said , and she will take care of it from this point forwttrd . I am fine ifwe do a lien approach , he sa id , bul l just want the property looking good . Cowicil Member Garrett sa id , if we do the lien approach . she has to pay for it. Or when she se ll s the house , that lien has 10 be released before she can se ll the propcny, so I want to make sure we arc al11alking about the same th 1g. Let me ask two questi ons. The work that was done last year, was it with the expectation that that was what needed 10 be done to bring the property into compliance last year? Is that an widerstanding she may have had, he asked . Director Ross sai d the work last year involved so me dead tree s along the fronta ge, and our understanding was that was the onl y issue anJ that is what we address ed . Council Member Garrett asked if he meant the only issue from the propcn~ M1c r's point of view, or Code Enforcement's. Director Ro ss said from Code Enforceme nt 's point of view. He said he met with Dave Lynn out at the site , and that was the burning issue . You must undersumd that , when you have taken ca re ofa dead tree , you have 1:iken care of a dead tree, and it is gone . When we go out there and mow those weeds, and then get a :;..1od rainstorm, at the end of the summer, those weeds are right back. I don 't understand why we wou ld do this one more rime . Her ne ighbor wa s very patient after he got his notice of vio lation, and he waited until after th e judge found agai nst Mary Mono and then las t weeke nd WC'nt out and took ca re of the weeds. A fifty-five yea r old took care of the weeds, and I thi nk he is going 10 be very interested in what is deci ded here , and whether he did the right thi ng in re sponding to the notice of violation or not. Council Member Yurchick asked why she dese rve s specia l treannent when there are a lot ofw who have right -of-wa ys that we have to maintain . Why does she deserve to have the City co me in and clean this up for her? Co uncil Member Mo ore felt the difference in this si tuation is 1hnt the particuhu piece of property is ·101 11 level, nice piece of grass , it is ve ry steep , right there on 285. Be sides the ste epness, her argument \I.Ou ld also be the dnnger it prese nts to her family in trying to get out th ere and trying to maintain it. So thJt is the difference , it is a uniquel y difficult piec e of property . Is it sufficiently different? You can make that judgment on your own. Mr. Moore said she had giv en him an esrimlte fro m a contractor who was cleaning up the lot between her and Bail y's, and he said the cleanu p ofber propeny would run around Sl ,000 .00. He as ked Director Ross , ba .>ed on hi s knowledge of the propcny, whether that sounds even remotely reasonable . Director Ross said he th ough t he would go out there and d\l it f 11; fo r S 1,000.00 . • • • • • • Englewood City Council August 5, 2002 Poge 13 Counci l Member Yurchick said it is expensive to have trees removed , 100. Mayor Bradshaw said we have alread y put money int o that propeny. Co un ci l Member Nab holz asked . it wo uld probably be a liability, but why can't we use the conununity se r"icc workers to clean it up'! Safety s~rviccs Dircc1o r Olson sa id there is a hazard iss ue. I don't know that I wo uld want 10 have kids out th ere on 2S5 doi ng that kind or work, he said. The neighbor right IC\ th" .... Jst went out la st week on hi s own and cl eaned that entire piece or property , but we see abso lut ely no rca so hy she can not get out and do thi s, she ha s already been dire cted 10 do it. I would not want to use com i~ .. ll ity se rvi ce workers , he repe :ued. to do that kind of thin g. I :i lread y hav e my people , vo luntari ly, l'' the ir own time, cutting bran ches down at peopl e's hom s, so I have a real prob lem with th at. 11l\:,,. is a liabili ty issue that we still ha ve to watch out for . Counci l Member Yurchick asked ifsh~ :; an elderly lad y. Director Olson responded that she is only thirty- 11vc years old and in good he:ilth, and her husband is , also . Mayor Bradshaw sa id her so lution is to do the work and put a lien on the house . Mr. Yu.chick felt she should be given a chance to do the work on her own be for (! we clean it up . Mayor Bradshaw "uggcsted a week. City Anomey Brotzman said there is a process ~at is set forth in the municipal code right now . Ma yor Bra ds haw asked what the process is , and whether she is in coun now . Direc tor Olson said she has :ilrcady been to coun and dhtcted to clean it up . If it does not ge t rok en care of, we hire a private: firm and try to get the best price that we can. Normally, we ha ve regular fim\S that come out and do grounds maintenance , and then we li en the prop erty . Ma yo r Bradshaw felt that thi s is the low and we ne ed to ho ve peop le res pe ct it. Counci l Member Moore said she still has n co un date left, so if it is not cleaned by Augwt 9111, she ge ts cited and it goes 10 coun. Then would the City step in, he :isked? Directo r Olson said he was not sure of the entire pro cess at this rime. but it was hi s understanding th:it she had already been to coun, she hos alread y been directed to go ah c:id and do thi s. Assistant City Man:igcr Flahc ny advised tha t she had an administrative he:iring . If she docs not clear the propeny by the 9th , she will be swnmonsed to cour1 and amigned. She would go to coun thiny to fony days after thal, and then it is up to the judge what hi s ruling wou ld be . It has not gone through the enrire process. he said , as she has had the administrative hearing onl y. City Anomcy Brotzman advi sed that the Code En forc ement Committee gave a series or alternatives at every step , so th e criminal case can ·,>rocccd, so we can slill clean the property and lien it at the snmc t me . The Cod e Enforcemen t Committee anticipated that yo u could have this problem, and did not want tc. have a weed problem th:it is cured by the winne r. instead of being clea ned up in a time ly fashion . We can ge t the time fr:imes to you, he added . It is sri ll a li ening process, though . Co uncil Member Moore said he was still con fu sed . He asked wha t the next step would be . Council Member Garrett sai d what he is hearin g is that we just let it go . Englewood Ci1y Council August 5, 2002 Page 14 City M::mager Sea rs asked if we should inform her . He reh she should re ceive a councsy call that basically says tha1 we arc jus1 going to proceed , unle ss she cle:ms ii up , subject 10 1l1.! Code , City Attorney Brr'Zma n said ii is required by the Code for that 10 hap • so , ag~i.1, you are unde r the Code process . (vi) Mayor Bradshaw asked Community Development to re surrec t the used car dealer ordinance, which they worked on five or six yea rs ago . Some communities ha ve limi1ed the number of lots in their city by size , and by service. She said she wou ld like to have Council look at that around the end of November. (vii) Mayor Bradshaw said we have an issue on the Skerritt House . Council Member Garrett commented that the issue that came up toni ght, which was new, wns something of a veiled enforce ment theat by the State Historical Society. I am not familiar with the specific contract language, he allowed , and what our culpability poss ib ility could be be yo nd the dollar amounts . City Attorney Brotzman sai d they gave us SS0,000 .00, so the liability is for $80 ,000 .00. Mayor Bradshaw said , so if we give back the $80 ,000.00 ... City Attorney Brotzman ~id that is the amount of the contrac ~. and that is the amount of the enforcement authority that they h:;ve on the house. Mayor Bradshaw asked aboul needing permission from them City Attorney Brotzman responded that, if you expended the money, and yo u did somethi ng with the house, yo u co uld be liab le up to $80,000 .00 . Mayor Bradshaw s:iid ifwe kept the money. What if we rerumed the money? Mr. Brotzman said then you hav r given th em $80,000.00 and you 11re done . Your liability under that co ntra ct is limi1ed to SSCJ,000 .00 . I am not sayi ng the y are not going 10 file for an injunction. but your liabili 1s $80 ,000 .00 . Council Member Garrett asked, when Council I Jured the h<..JSe , if other people were invited, by Counci l and City staff, and if anyone from I.he Historical Society appeared . Cour .. il Member Grazuh!. sai d she was not sure I.hey were invited, although she hnd requested that they be invited . Mayor Bradshaw asked if Libr1ary Oirec1or Long cou ld answn that. Mr. Garrett asic..:d if anyone from the Historical Society was invited. Ms . Grazu lis said she has specifica lly :isked for Roger Brown to be one of them. but was not sure ifhe hnd been invi ted . Director Lo·ng said it "-'ilS his understanding that the tour was for the benefit of City Counci l and staff, and that is the wny we inte rpreted it. and that is the invi tati on we put out to City Council. If\\ misunderstood that , then my apologies , but th.at was our understanding . We did suggest, that if Counci l wanted to invite someone. they \\Cre free 10 do so , but to le t us know because we need ed the safety masks in order to go into the building . Council Member Grazulis recalled that in an c .• .-,ail she thought she sugges1ed !J ask somcon.: but she WilS not sure how far that got. Mayor Br:idshaw said we did take the lour. anct although sl•c acknowledged that she is not an expcn, she was no1 impressed . Council Member Wolosyn said she took the to1 !;, and she is not an expcn, eilh-:r, bu! she cou ld not even determine what pan is from 1864 . One thing that h:is come 10 the surface, ,c:.he allowed, anu I goi documents that we have re cei ved over the last two years, and one of om Co un cil Communications dirl have • • • • • • Englewood City Council August 5. 2002 Page 15 lhe report from Anderson/Anderson, and the first line of that report was that many believe this building is the oldest staDding ranch house in Colorado . That concerns me , she said. I'm sony, but it docs. Architccrurally, I did not sec that I sec it as an old building and I do not think we arc in a position 10 go the whule prese rvation route. I said tluu a: the last meeting , she recalled . Preservation, as you know, is more tho.n just saving buildings, it is creating a context, and a life for them :iftcrwards, and this report al so said this building could r.01 be adapt:vcly reused , because it would have to be adapted to ADA standards, so you could never use the second floor , and even th e first floor hallways would have to be added . Ms. Wolosyn said she was not in favor of burning it immediluely, but fell we should put it out there, since it may be the olde st building in the sta te, mnybe there is an organization that is more capable of address ing it . I would hnte to just do away with something if there is someone whc.. is willing 10 come forward and give it what ma y be its due . I regret that other people were not in there, t c:c:iuse you say that it is a unique building . One of the unique things about it may be , like so many old buildings , its provenance was lost. You caMot tell what the original pan was and there are pans added o:-i . If we had S6M,000 .00 to spend on historical preserv ation for our culture in Englewood , I would maybe want to look at other building ·s facade s along main street that have a broader value to the co mmunity . Council Member Grazulis co mmented tho.t that was wdl slid . [ do knew that on some of th e old, hi storical buildings, the y do not have to be up to ADA, if they are not used for anything more than just being preserv ed . Ms . Wolosyn said she had SiJ.id for a historica l living fann sort of thing . Ms. Grazulis said the hiJ.llway does not have to be, but that is bt!yond the point. I 11m in favor , until we find out more about it and get a better feeling . I feel like we arc iJ.lmost hastily making a decision because the money is overtaking our viewpoint. She suggested warehousing it until we get a little bit funher along, and o~cr entities and groups would come forward , and maybe we can have many diffcrr-nt groups do it as a collective effort. We might then be able to raise some of this mone y, or have the Historical Societ: do so. I am very hesitant about just bulldozing it. Council Member \\'olosyn said she is nol :igainst returning the grant, bcc:iuse ifwc arc in :i position where wc are not going lo tll3kc funh"r investments, lhat might happen . Council Member Garren said he was looking ill the budgcl and he wanted to be clear . Where it says stabilization construction, to warehouse it , will it cost $140 ,000.00 to sta bilize it to just hold it? Council Member Wolosyn asked if we have to do that. Mr. Garrett said the budget says stabilization construction. I want to be sure , when we say we will board it up , we know there will be more lhan plywood and nail s, anel I want to know whiU that cost is . It says $139 ,000 .00 . .l just want to understand , if we mothball it, whi r h is one of the sugtestions, what are we looking at, and where arc those funds going to come from City Manager Scars said Assistant City Manager Flaherty and Director Long put together the memo . Assistant City Manager Fl:ihcny said he co uld comment on :it least pan ofth,"'1• The project whi ch we received the grant for is a $160,000.00 project, and it is for the purpose of stabi!iz ing the structure, and miti i:nin g the lc ~J-based paint on the exterior of the building through an encapsulation process , That would not address any of the interio r ch.ments of the building whatsoc1,•cr1 and. a; tlic same time, the s:.rur.turc is undergoing de te rioration now . lt has been somewhat accelerated by the water damnge that we had earlier this year, and, tf we do not spend money on the propcny, it will deteriorate funher . Again, that doesn't mean it dll be next week or next year that it is going to be beyond saving, be said, bu1 what we have brought to Council , initially, with this grant, is a means of bringing the structure into the condition that would allow it to~ co mpleted 111 a later date , Ill an estimated cost ofSl60.000.00. M:i yor Bradshaw asked, of that amount , how much of it has been contributed from outside Englewood . Mr . Flahcny said the total grunt is S160 ,000 .00, and we hav e a grant for $40,000 .00 from the Co mmunily Developmenr Block Grant fonding with Arapahoe County, and an additional 580,000.00 through the Stole Englewood Ci1 y Council August 5, 200 2 Page 16 His torical Fund, however, we arc very rapid ly approaching the dead line on the CDBG grant, and prohably no longer have the av aila bility of thos e funds , he advised . So basically whet we have ii. $80 ,000.00 . Ce;unci l Member Yurehiek said he was still nor clear on what we arc ge tting for the S160 ,000 .00 . Mayor Bradshaw responded that we are ge tting a building 10 mothball. Mr . Yurchick asked what they were doing for S 160,000 .00 , All I heard was encapsulat e the ou tside lead based paint. What docs that mean, 1ha t the y arc painling th e hou se for S 160 ,000 .00 ? Assistant Ci ty Manager Fl:ihcrty said the S 160,000.00 includes strnclu ra! stabiliza tion , shonng up the foundati on. pulling on a new roof. repla cing some wood in the wi nd ow and doo r area that has become :n addition to the le ad based pain! remcdi.ition . Director Long said he wo uld like 10 men1ion one other thing . If the w.i.tcr leak had not happened , the grant for S160 ,000 .00 wou ld have dor e exactl y what we sa id . It would hove taken care of the c:<tcr,or of th e building for chc foreseeable fun , .. The problem came about wi th the leak, and the rcsulumt mo ld within the buildin ~. he s:Jid , We did a h.tur for Mr. M.Jorc thi s afternoon, :md Tom Major. I mentioned that the mold is steadily incrca:;ing, We do not have mone y allocated right now to addre ss the mold iss ue. It is possible that we could co me up with addi ti onal funds, but that n,o ld issue has to be taken care of, even if we fix up the outside of the building , something ha s to be done now with the irti.idc just to sto p the mold damage, whi ch means ripp ing ou t a great deal of the interior. Counci l Member Yurchick asked if the water leak changed the strucrural cona ition of the building . Mr. Long sa id thc:rc is no real way of telling right no w, witil some of the walls are removed. Co uncil Member Garrett sni d, for $160,000.00, we do whnt we said we were going to do. and now we have the mo ld problem. Mr . Long saiJ yes. Mr. Garren asked how much the estimate was. Mr. Long said when Mr. Major did the tour for us Jle other day, he though t it wou ld be around $30,000 .00 , but that wo uld only address the nonh sec tion of the house , not the eu tirc house. May ... ,r Bradshaw said the so uth section had mold because there is no founda tio n under that portio n. Mr. Long said tha t is correct , the enlirc house has mold . there is asbestos throughout the house, and there is work tha t ha s 10 be done. and we have to come up with th e money to do it. Ma yo r Brndshaw said they used asbesto s ma sti c on 1he ti le. Mr . Long said co rrect. Mr . Garren said we :Jre 111 S 190.000.00 and only dealing with !he nonh sine mold, $30,000 .00 fo r the no1..h side mold , so we ha ve $160,000 .00. pl us $30,000 .00 plus we have other mo ld and ::isbcstos issues that are unknown at 1he mormnt. Al the same rime, if we return rhc S80,000 .00 back to the State , that is all on the Ci1 y's nickel. Council Member Wolo syn sa id the 580,000 .00 was for stabi lization, right '? Mr. Lon g said right , it was pan of the $160 ,000.00 grant. Council Member Ga rrett said he heard enc Co uncil person say we wou !J return the $80,000 .00 so we can pre serve our options, so we do not have the ten ye ar problem . Co uncil Member Wo losyn said she thought by .e ruming the SB0,000 .00, yo u could just let it sit there, in case someone came fom,ud and wanted to 111· c c:irc of th.is issu e, but is so unds like we have to do the stal ilization in order to let someone e lse ho ve an upuon . Ms . W.Jlosyn said i;hc docs not have a probl em with spending money , bu t we have to make judgment s about where we spend money in the community, and what is good fo r the community. For me, I do no! sec lhi s as a rea ll y long ten11. broad va lue . • • • • • • Englewood Ci 1y Council August 5, 2002 Page 17 Council Member N:ibhol z s:i.id you know my feeling s on the Skerrin House . When I 100k the to1,r th e 01hcr da y, I personall y did not th ink the mold was that bad in there. I wou ld lik e to take a loo k. withir. the nex t month. if possib le , at every option we hnvc available . How to save i1. wh:u needs to bt: do 111: ,~ save it, and m:iybe even, po ssi bl y, and I ha1e to say th is, a sal e. as is, ,vith a stipui uu on atx ;.u it bi.ing 1m lu sto ric site . Counci l Member Yu rchick said , if we j ust keep th e house . and do zero s1:1bilizatio.1, ze ro re -roofing , just get pain1 0:1 it so it docs not look like an eyesore, what would th:1 1 cos t us ? Direc1,:,r Long said it was not jus1 a simple lhing of painling it, be cause you have lhe lead based pa inl on 1he e>lcrior. Mr. Yurchick asked why we ca n't just paint over it , as is . Mr. Long sa id he is not an environmental engi ne er, so he cannot answer that. It is my unde rstanding that it has to be enca psulated with a spe cial kind of pain!, so there is a cos t fa~tor there. Just 10 paint ii, I have no idea , he said, bu! we cou ld probably come up with an answer for yo u very soon. You sti ll have a house that i.!-structurally ques ti ona ble . c:,,uncil Member Yurchii:k said that puts a time fuse on ii , if so meone wants 10 buy it and preserve it, they ha·1~ a structural issue to deal with be fo re the thing caves in, so it puts a time limit on dealing with the project If we go in and stabi lize it , and se ll it to someone , it cou ld sit there for another twenty years in the co ndition it is in . Ma yor Bradshaw said that is what Counci l Member Nabholz said, that there wo uld be ccnain demancls on the snl e th:ll they would have to do something in a cenain amoun1 of time . Mr. Long said , again. 1 am a librarian, not an engineer. Council Member Yurchick said his co ncern is tha1 it is just l\!l eyeso re , whe n you come from Hampden and go we st it is :m eyesore on the hill If we nre go ing 10 keep it, at a minimum we need to pnint it. Cou nc il Member Moore sai d, for the reco rd , he visited the house today and could not tell which pan of th e house was 1864 versw 196-!. It was very hard 1.0 sec how life in 1864 was like by this house . Alsc-, the amount of money requ ired to do the right thing here is tremendous , and I am not convinced it is in our ci tizens · best inter es t and I wc..uld love 10 see the Historic3l Society, if it is that imponant, lo help us out , step up with ~o me serious fundin g for it, be c:iuse right now, I do not feel ii is a responsible action on our ~•a n for th e re st of our citizens. Ma yo r Bradshaw :isked if they were 10 the po int where the y could make a motion of so me ~on. COUNCIL MEMBER YURCHICK MOVED. AND IT WAS SECO DED , TO RAZE THE SKE RRJTT HOUSE . Council Member Moore asked wh:it it wo uld take to fmd out what funding is ava ilable from the Histori ca l Socie ty . Do we have the informntion already? Have we already don e our due dili ge nce, requ este d ill! the fun ds. or ilre there still funds that can be acquired for this ? Cou nci l Member Graz ulis Silid she reillize d that we had a profc-ss iona l co me in and take a look. and there are always seco nd opinions on what it would take . The co mpany 1hat did the actuJI assessment ofit and real ized thes e costs, did th ey ha ve any other stake in it , like recommendin g who would do this , she asked . I real ize there would be a code of ethics there, but I was just thinking that ninety percent of th e houses in Eng lewood have lead ba sed pai nt . an d they ha ve children li vi ng in them. II seems like in orde r 10 j ust make thi s an hi s1ori cal pla ce where kids are nor going to be gn awi ng on the pai nt , these pri ces arc sull astrononu cal . I think we are going so far ove r that it just seems outlo.ndish 10 raze it because of1hat. Ms . Grazulis sai d she still has a prob lem with 111.king it down ,vi 1hou1 so meone else stepp ing up from the Stale Hi s1orica l Society and tellin g w whe re the funds arc available . I wou ld love to sec where th es e funds are , and then I will vo le on th e othe r sid e, she said . Englcwo City Co unci l August 5, 2002 Pog e 18 Vole resulls: Ayes: Noys : The motion was defeated . Counc il Members Garren, Yurchick, Bradshaw Nobholz, Moore , Wolosyn , Grazulis Council Member Wolosyn said plan B, to her, would be how do we get it into th e hands of another re spons ible pany, not how we ge t more money to restore it ourselves . Council Member Garren as~ed if she had a time frame . Ms . Wolosyn said by Christmas , because nothing we want to do there is goin g C\~ get done by the end of the year. Ma yor Bradshaw sai d. by m:t , -mJciug a decision. we have mndc 11 decision. Council Member Moore s:a,·:.' ,· :·c month from now he is prepared to say yes to that same question if he has not :,cen something aboui: UJc J.adirional funds being available . He 11Sked what direction is needed for staff. Mayo r Bradshaw said we are looking :JI the fir st meeting in S•:plember. Council Member Wolosyn said she just wants to find a way to put i: in10 other hands . Mayor Bradshaw said her concern is the pr?pcny. Sh e ~aid she totally disagri :es with the four of them 'flJc:: property si!e has significance . Walking through that house was ridiculous, :!1e said. There was 1960 's carpet, pee ling paint with mnny different co lors , and five different kinds of gutters on this house, she said, and we arc de laying a p.rocess. We bought the house to preserve it if possible, if not the site, and now I see us changing from our orig ina l intent. Counci l Member Gruzulis said she could see bow she felt, and wou ld agree with her if there were o.o other ways . Council Member Moo:-c: said he is niocty•ninc percent with her, but in fairness to the citizens that this is very imponant to , he is willing to give one more month . Council Member Wolosyn said she wou ld go with a month also. Council Member Grazulis said she wou ld like six weeks . Mayor Brndshnw asked what informatio n is needed . City Manager Scars said we can follow up with hi s suucmcnt. and take a look at some alternative: funds. Moyor Bradshow said we do not hove S160 ,000 .00, we now hove $120 ,000 .00 CDBG money . City M,magcr Sears asked if there was a pool for CDBG mr1ncy that we could go back into. Mayor Bradsht\w said thi s is a whol e other is sue who we app~y to . Mr. Scars !i--id th ty co uld provide to Counci l, within thlny days, 11 li sL nf whnt the State HiMorical ~.ociety gives 10 us , and then we can spc::id a little bi1 of time looking at some ol'icr ahc:mativc:s fr om a finan cing viewpoi nt. Mayor Bradshaw s:iid, if thi s docs go so uth , and we do have 10, in fac1·, raze it, I do not wa t the State Hi storical Society, well the y can do what the y wa nt, which they always do anr.v:,y, but I Will n t them to realize that you do not blackma il a city by saying if you do not use this money to do this , you won't get any money ever again, and I really c!id not like tluu comment at 11!1. Mr. Wolfe ,;t:itcd fro m th r audie nce that that was not his statement. Mayor Brndsh:sw said okny . Council Member Yurchick :sskc:d if they could keep the S80,000.00 un,Jc:r force ITL11jcurc . City Anomc:y Brotzman said no . They ga ve you $80,000 .00, and if you arc not g("ling to .isc it. you give it b:sck. • • • • • • Englewood City Council AuguSI 5, 2002 Page 19 Counc.il Member Garrett asked if we have io give ii back now, or can we hold on to it , since we are dela yin g th e decision . As sistant City Mana ge r Flah eny advised tha1 we acrually ha ve grant authorization for $80 ,000 .00, but ha ve on ly drawn about S 14,000 .VO. Mr . Yurchi ck fe lt . 1fit is our in1cn1 to let some one else pick it up , we shou ld just give it back now , Council Member Garren l!aid no , we had four Co uncil members who voted to not raze the building , so there arc two different plans. Counc il Member Moore , he said , suggested finding out wha1 oth er funding sources arc av11il11ble, which is different from Council Member Wolosyn's pl::..n . Ms. Wolosyn said she is hoping another organization com,; forward . Mayor Bradshaw asked if staff was clear on their direction . City Manager Sears said staff would com e back with the best funding ahernative sources to Council within a mon1h . Mayor Bradsh.t w said if anyone else wants to step up to the plate, is what Council Member Wolosyn was saying, not just staff driven, but historical society or whoe ver . Council Member Grazulis felt all his1oric:il societies from all over should know about this so they can help us . M:i yor Bradsha w s:iid staff needs to get the word out. City Manager Sears said, wi th Council 's permission , we will get the information out to the schoo l district, and ma ybe some other schools , to see if they have an interest in that facility . We will put a notice out, but for the most part, my approach will be to come back with any new funding sources we can come up with. Counci l Memb er \Volosyn asked if the State Historical Society would know of organizations that are willing to take it over. Mayor Bradshaw said so that the burden is on the State Historical Society. Ms. Wolosyn agreed that, to our city, th e site is valuable , :ind the structure itself may be valuable because it is th e oldest ranch house. {vii i '.1yor Bradsha w said she had been asked by the Urban land lnstitule 10 serve on a forum . lfCowi cil ves it , it is airfare onl y, everything else is paid for , and the airfare to Salt Lake City for one day is go ing 10 be $300 .00 , she ad vised. Sh e said she would get a pap er out 10 Cowicil. COUNCIL ME MBER WOLOSYN MOVED, AND IT WAS SECONDED , TO ~'IJND MAYOR BRADS HA W'S TRIP TO THE URBAN Lru'iD INSTITUTE IN SALT LAKE CITY. Ayes: Na ys: A'··,tain : The motion carri,;d . Counci l Mem bers Nabholz, Moore , Garre n, Wolosyn, Yurchick, Grazuli s None Mayor Bradshaw (b) Counci l Members ' Cho ic e (i} Co uncil Mcmbe r Grazulis I. She said they would all be attendin g National Night Out torr:orrow night 2. She mentioned that today, about noo n, there wa s a bike automobil e acciden1 there at Radcliff .ind Linc oln. and 1hcy took :t middl e-a ged gentleman away with head injuries . She reiterat ed that it streng:1iens Englewood City Co uncil Augusr 5, 2002 Pngc 20 the narrown ess oflhe street and limited visibility for th e twent y-fi ve mile per hour speed limit. With school s1aning on August 19th , I would like 10 see us put in either the Hero ld or ')Ui' C:i tizen or so mething, to plea se rem ember to walch ou 1 for linlc ones. be ca use sc hoo l is sianin g. {ii) Co unci l Member Yurchi ck I. He felt the City sess ion with ACE went well. He asked Counci l 10 consider adding 10 an upcoming Study Session a look al th ei r recommendations for Council and stnfT, and see what we want 10 do , and then co me back with a co mmitment to th e co mminee . 2. He suggested having one of Co uncil 's outsidt: forums geared more to wards busine sses. Maybe we could have it at a ce ntral location, like Flood Middle School , and gear it more as a business forum, rather than a citizen forum . 3. He sa id it always concerns him when he gives a reque st 10 Code Enforcement and there is always so mething added on they say I have requesled , tha1 I did not. This is 3 perfec t examp le in the packet , where I have a cit ize n complaint about dog feces at South Emerson , and all of a sudden it becomes excess number of dogs and dog feces. There was no complaint on the number of dogs . Granted , there were four dogs there , but they were grandfathe red in, and she did not have an iss ue wi1h it. But it bothers me . I don't kno w if th is is a Code Enforce ment agenda or what, but it ahva ys seems to ge t tag ged on to these requ es ts a lo t. He reque sted that th ey follow up on requests as stated , not as they want to do . {iii) Counci l Member Wolo syn I. She sa id after the Study Sess ion, Terry Dion asked me to bring Co unci l's attention to th e le tt er she put in front of us. She said she commented 10 her that it is 3 shame that thi s hear say, this one remark . would destroy something. She felt like she followed that , and that our staff worked really well and very hard to minimize the impac t with her. I told h~r this and she actuall y agreed with me and sai d that staff is co ntinuing to work with her. 2. She said she went to the meeting of the City Ditch neighborhood group . At th e Co unc i meeting, Ms . Wolo syn said she supponed the w.••er depanment be cause she understood tha t reducing w31, -in the · di1 ch at thi s time was pan of a greater dialogue , in which we we re to get a long-term agrccme r .• to run water in th e City Ditch. At that meeting , I told Di rec tor Fonda, but I fe el like I did not drive it home , that we need to sec that agreement with the Denv er Wat er Board in writing. I was so n of disturbed that our water board was 001 apprised of that mee ting before we were . She said she understands that this is an issue of dr:iugh1 right now, ho we ver, the iss ue at hand is a long-1crm issue , for two years. The City of Den ver is making sure that the aesthetic amenitie s that went along wi th the City Ditch are still available in thei r City, ;:md I th ink it is our duty to make sure that the y are available in our co mmunity also . If possi ble , she asseneJ. I wo uld like something available by th e ne xt \I ter board me eting . Sh e felt that she had stood up for Dire ctor Fonda, and she wanted to be sure he \\-O ul d stand up for these people . City Man:igcr Scars said he would asl : him to get a full repon to Council and to the wa ter board . Ms . Wo losyn added that everyone in thi s group thinks that Bill McCormick is a wond erful man , and th at he ha s worked so well with them. City Manager Sea rs said he would pass that on to him. (iv) Co un cil Member Nabholz 1, She said she has one lett er on th e Skerri tt hou se and six phone ca lls , all in favor of us tak ing care of it .md reha bilitating it. • • • • • • Englewood City Council August S, 2002 Page 2 1 2. She said Delore s Ro be rts, in the 3000 block of Elati , would like to talk to Director Ross about four-way stops . She is demnnding four-way sl ops . I 1old her there was a lot involved, but you would be glad to talk to her . 3. She wished everyo ne fun tomo rTow night. (v) Counci l Me.nber Moore 1. He thtutked Direc tor Long for acco111JnC'dating a tour of the Skerritt house fo r him. since he could no1 mak e It to the pri or one. es peci all ;1 'JOing into 1onight's di scuss ions. 2. He said , on the Motto issue , it h.as been a pain for a 101 of us, and be thanked Council for the,, rime on th e mnner . (vi) Co unci l Member Garrett 1. COUNCIL MEMBER GARRE TI MOVED, AND IT WAS SECONDED, TO AUTHORIZE SUPPORT FOR THE MASONIC LODGE GOLF TOURNAMENT, BY SUPPORTING ONE FOURSOME . Ayes : Na ys: Th e motion carried. Coun ci l Members Na bho lz, Moore, GarTen, Wolosyn, Yurchick , Grazulis , Bradshaw None 2. He said be \vished that Jim Recs was here, because he says ·ve alwa ys vote the same and I would like to point out that we do not alwa ys do th.1 t. Council Member Wolo syn said she had on e other thing she for got. She said she saw David Taylor pcrfonn The Four Seasons on Fridat night at the Lakewood Culrurol Ans Cen1er, and he spent the entire introduction praising our CityCenter and telling peo~!~ ro come out, so I thought it was nice of him. He did not know I was in the 3udie ncc, she said . 13 . City Manager 's Report (a) Ci t; ;-..-:.i.m1ger Sears thanked Council t1nd sta ff, especially Mike Flaherty, ~or laking care of the City for the last co uple of weeks . (b) City Man ager Sears said we are in the throes of budget. It is my go al to come toge ther with a full o.nd sub stanti al budge t that meets the go al of having a twe lve perce nt reserve by the end of 2003. We arc going through individual depamncnt direc tors , and so far it has been a linlc bit difficult. There is a lo.undry list that I know we a.re going to end up wi th on i:ems that we all would like to stc happen, but jus t do not have the fund s lo do . We will be presenting those to Co uncil this next month. he advised. We are going into the budget with two percent under what we CUrTently ha ve this year, and an intent to prov ide th e balance of se rvices, and yet keeping us in a finan cia lly stro ng position . We have not taken a full-time hiring freeze . mainly because we ha ve a number of Safety Services people that we feel are essential to come on board. however we have cut ba ck where we can on Parks and Recreation, In fo rmlltion Technol ogy, and a number of other place s where we felt it just was not appropri :te to go with the full -tune hi1i ng at this time . Mr. Scars felt the department heads were on board , but we do have a goal of making about a two million dollar amount for next year, and we arc going to take a look at every way we ca n do that. Englewood City Counci l August 5, 2002 Page 22 (c) City Manager Sears mentioned that the Annual City Employee Picnic would be this Friday, and Council is ccrtainJy welcome to come to that, at Cushing Park from 11 :00 to 2:00 p.m 14 . Clly Allorney's Report (a) City Attorney Brotzman thanked Council for not ha ving the Counci l meeting over e-mail and for their refusal to do that . E-rtUl il is just th e same as phone con ve rsatio ns or when yo u arc together, he said . You cannot have three of yo u having B public policy discussion over e-mail. Council Member Grazulis said she may not be here next Monday night , as she might still be out of town. City Manage, Sc'.l.rs advised that next Monday is going 10 be a tou gh night, because we have been in negotiations &.nd discussions with RTD regarding Bates Station, and we are going through fro1 1 a staff viewpoint whe re Bates Station is going to be, but it will be imponant that Council be then:, or at least we provide the information to Council about the station. The negotiations arc pretty intense right now with RTD , illld he felt the future of Bates Station will be for review in detail next week. I 5. Adjournment MAYOR BRADSHAW MOVED TO ADJOURN. The meeting was adjourned at 9:IJ p.m. • • •