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Home My WebLink About2002-12-16 (Regular) Meeting Minutes• • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY , COLORADO Regular Session December 16, 2002 I. Cull to Order The reg ula r mee ting or th e Engl ewood Cit y Council was CJ\ll ed to ord er by Mayor Bradi:hnw at 7:40 p.m. 2. Invocation The in voc ati on was given by Co uncil Membc1 rfabhol z. 3. Pledge of Allegiance The Pl edge of All e1,umce was loo by Ma yor Brad shaw. 4. Roll Call Prese nt: Abse nt: A quorum wns r,rcsc n1. Co uncil Membe r Nabh olz. Moore, Graz uli s, Garrett , Wolcsy n, Yurchic k. Brad shaw None Also prese nt : Ci1 y Mana ger Sea rs 5. Minutes Cit y A norney Brotzman Assis1an1 Cit y Manager Flah cn y Cit y Clerk Elli s Pl ann er l Fru chtl . Co mmunit y Deve lopm ent Direc tor In gle , In fo rmati on Tec hn ology Direc tor Ross. Publi c Works Direc tor Kahm . Ca pil al Projec ts Director Simpso n. Co mm unity Deve lopm ent Se nior Planner Grah am. Communit y Development Se nior Pl anner Stitt , Commun ily Dcvel opm en1 Direc to1 Gryg lewic z, Fin ancial Services Direc lor Fonda . Utilities (a) COUN CIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED , TO APPROVE THE MIN UTES m' THE REGULAR CITY COUNCIL MEETING OF DECEMBER 2, 2002 . Mayor Bradshaw asked if there were any co rrec ti ons. The re were none. Vol e r csolts : Ayes: Na ys: Motio n carticd. Co un ci l Members abho l1 .. Moore. Garren. Wolosyn. Yu rc hi ck. Grnzu li s. Brndsh.i.w No ne Englewood City Council December 16, 2002 Pagel 6. Sched uled Visitors (a) Ma y\,r Bradshaw advi sed 1hat Joe Serrano , Chair of Kee p En glewood Bcautifol , wou ld prescnl the award s for 1he Keep Englewood Beau1iful Holida y Lighling Event. Mr . Serrano, :iss islcd by Mayor Br:idsha w. prescnled rib bons ::ind ccnific :ues to all of the winners who were present and they were given a round nf J p;-il uuse. Honorable Mention Candy Land Award Mos1 Un que Award Coyo•e Chri stmas Award Lights ! Lights! Light s! Award Serenit y Moments Award Snowman Award Taz -in-u -Dox Award Angel Award Li fetim e Holida y Sp irit Award Sherry a nd Ste ·.ie Clark Dennis 11nd Kath y Brewer Mini Aea Man Wallace L. Smith Ganz/Leste r family and friend s Miller fami ly Mark Alan Greiner Pat Lobb Ron and Melanie Klocwer Douglas Haas Doug and Barbara Barlow Shim a nd Paula Fe ase l Steve n Martinez Ri chard and Ali ce Kl oc we r Mayo r Bradsha w noted tha t Al Roker. of the Toda y Show, may be doing the weather on Friday fr om th e Kl ocwc r house. Bui you ha ve 10 vole fo r them by tomorrow :u noon. Their house is in th e 4900 bl oc k of South El ati . Ma yo r Br adsh11w sai d the lo.st award is the Mayor's Choic e Award and it is given to the parti cipant who best ex presses the true mea nin g of the holido.ys o.nd th e holiday li gh1in g event. The holida ys are certa inly abo u1 bri ght li ghts, she said. however 1hey o.re also :1 bo u1 sharing joy and fell owship with our famil y. fri e nd s and nei gh bors . Thi s ye:ir·s award is prescn1cd to so meo ne w:1 0 has brought joy and deli ght to all of us by decora1ing wi th holi day li ghts. Mayor's Choice Award Brian and Patricia Moberly Mayor Bradshaw offered her co ngratul ati ons 10 Bri an and Patricia Moberl y and they were gi\'en a ro und of applause . Mr. Serrano 11d vised th111 the winners wo uld be given si gns to posl and he asked th at th ey mec1 him upsta irs and he wou ld give 1hem the signs. Mayor Bradshaw 1hanked Mr. Serrano. • • • Englewood City Council December 16, 2002 Puge 3 (b) Euge ne No rman sa id I see k sa nc 1ion 3nd in1erm11i onnl amn cs 1y. All sys tems hnve qua li u11ive and quanli lative poten tial Lei us disc ove r 1hem. I do not :1ega1e capital is m; ye t do see~ change in o ur view ofit. We tn.:;H ca pitali sm nlm nst as a religi on. and not a form of usury , wh ic h it is . No, I don't den ounce capitali sm but. in foci. wish to save it from itse lf. Cap iiali sm is 11 fast way 10 become wealthy . Yet il is the mos t destru ctive for the land t.nd p!-=ychologically for the peop le , as we ll . In time. as practiced now. it bec omes se lf.destructive. if not altered in its applicati on by ou r abi lity to oppose stupid ity . The Nauve Americans had one. potentia ll y, idea l so lu tio n to the problem of greed. I suggest we elaborate with pninst.i king a11en1 io n on 1ha1 ideal. Superio r and higllly advanced in it s basic concept , it was ca lled po tl atch and its potency and power cannot be denied on socia l levels . Every seven yea:-s. those who were successful in accumulating goods. were declared winners . The goods were then red is tribu:ed. within reason. lo th e gro up . This allowed competiti on and discouraged bo1h greed and envy. At the present time , we arc programming ourse lves for Armageddon . Change, and we all win . Most of mankind . given the choice , will ch oose work ... the more interesting, the better. It becomes a matter of intelligent results becoming opt ional. relative to th at work . An understa nding of time lines , of changing tracks, of directing our movie, uf finding 1he dirccl or in ourselves. Of choos ing life ove r death , of finding peace . prosperity, equality and in1egri1y ... a more God-like reality. Populati on. unchecked. is geometric . S1.ibsistenc e. arilhme1ical. Our economy is based on absurditi es rclati \·e to reality and everyone has blinders on. Belie ve me , the King has no clothes on and that 's no lie . I can direct you 10 answers. but acti on is our respo nsibili ty . Rep ublic is defined as a cons titut io nal fo rm of government, especially a Democrati c one. In a Republic . I feel as responsible for the land. in Pres ident Bu sh's care, ns he docs. More so, in fact. because I consider him irre spo nsible in 1ha1 area of th ought and ca rin g. Mos t Americans , I fear. arc quite ignorant and irre spo nsible in their re lat ions with the land. to our coll ec1ive detriment. Is my fai th irretrievable? Your irreverence" appalls me . I appeal to God . h is 10 the advn ni age of th e entire cou ntr y, to hear. understand and achieve co nflu ent acti on relati\'e 10 the th ings th.it I present. The land be longs to God. l welcome the wor ld lo a new birth in 2003 . and invite our President to invi l1.! me on to hi s land fo r a period of time. I contend 1h a1 by so doing, everyo ne will learn and achieve 3 much grand er viewpoint. In voke ... "IO appeal to. to petiti on. To call on 11 higher powi,:r for assi stJnce ," Do so . I r:o mmand you and if yo u choose not to. I com mand yo u nm to do so. So? Mayor Brads ha w thanked Mr. Norman. (c) Frosty Wooldrid ge, 1458 Fo rd Place, Loui sville, said it is a pica ure 10 be here and an honor to spe ak before Counc il 10nigh1. My E-mai l is fro sty@j ur.o.co m and my web site is numbersusa .com. This e ve ning . I have some important inform ation, he said. a nd , hopeful ly. insp irationa l apprecia ti on for this 1as k that I am presen ting yo u. Fift y years ago, Eleanor Rooseve h said. "we mu st prevent human tragedy. rather than run around tr ying 10 save ourse lves or ot hers afler an evenl has already occ urred ." Unfortunately. hi s1ory clear ly shows thilit we arrive at catastrop he by failing to act when we should have acted. The opportunity f:'lSSes us by and the ne xt di sas ter is always more diffi cu lt and co mpou nded than the las l one. The advanc ing catastrophe of O\Pe rpo pula1i on will become the plague of the 21w Century and ou r ch ildren will be in 1he middle of ii if we don't ac t now. For exa mple , in 1he past 10 years. the ,,a rid ha s grown by 880 nu Ilion peop le. the United Stat es has grown by 30 milli on people. and Co lorad o has grown by 1.2 milli on people . By mid-centur y.just 2050. 48 yea rs from now. the popu la1i on of the wor ld wi ll go fr om 6 billi on 10 9.8 billion. Tt,e USA is projec1ed. al current gro \\1h rates . to go another 200 milli on more Americans and Colorad o will double it se lf fr om 4.3 milli on 10 over 8 milli on. That mea ns. 100% more people in Col orado by 2050, doub ling the size of eve ry cit y in the need for wa ter. and it wi ll add 10 our prob lems of air po llution. space, qual ity of life. grid lock. etc. Natio na ll y. it means 77% more people. cars. pla nes in 1he ai r, air polluti on. speed ing globa l warming. spec ie s extin 1ion. and other horrific conseque nces. Wh o. amo ng you. wan ts that kind of fUlure for yo ur c hildren wi th another 200 1111\lion people in th e Uni 1cd States struggling in thi s co un1ry just 10 be alive . I am inspired by Martin Lu1h er Kin g. Su sa n B. Anth ony and Th omas Jefferso n. They were the ha rbingers of their time . Thi s iss ue is one that 1hcy wo uld champion as th e mo st 1m por1ant in our hi sto ry of thi s grea t nati on. Pre sen tl y. U.S . wo men arc at 2.03 fcr1ili1y , so we arc at repla ce ment le vel fo r our own pop ula1i on. Unfonunate ly. n's the 2 milli on to 2.5 milli on immi grants pou ri 11g over o ur borders yearly that is cau si ng urban sprawl. gridl oc ;; Eng lewood Cily Council Dece mber 16, 2002 rugc 4 and worseni ng condilions of overpopu lati on. Pl ease realize, he sa id , th at I'm a fo rm er U.S. Army officer, I'm al~o u forme r teac her here in Co loraclo sin ce 1973 and I've bicycled 100.000 mile s on 6 co ntinent s around 1hc pl une t, I've been thro ugh India. the masses of China. through Banglades h and they arc not ni ce places 10 live beca use th ey didn't do anyth ing previ ous to the catastro phe . If yo u look at thi s pos ter in fron t of me, !he gree n shows our cou ntry at a stable pop ul atio n of255 mill io n, if we had n't had such mass ive imm ig ra nt since 1965 . And wit h th e current immigrat ion of thi s 2 n,illi on pl us per year, we are hea ded for a half billion. In yo ur packe t, is th e As pen Reso luti on that can become the Eng lewood Resolu tio n. It simply as ks th e Co ngress and th e Preside nt to wo rk toward po pulat io n s1ab ili za 1ion by redu ci ng immigrati on 10 traditi ona l leve ls pre •l965 10 175 .CXX> per year, wt.ich is susta inable, because we egre ss over 100.000 persom pe r ycur. Yes. he sai d. thi s wi ll create di sc us sion. It wi ll also create debate and th en ii will nca1e action. and 1ha1·s wh at we need . For co mpe llin g fac ts co ncerni ng overpo pul ation 1h31 wi ll help yo u pass th e Aspe n Re so lu1 io n, and make it th e Engh:wood Resolut ion. plea se ask me back for a 45 minute work sess ion and I will prese nt you co mpe llin g and sobe ring info rm at ioil that will help yo u jump on thi s and sig n it tomorrow. Remembe r, 1he more ex trem e our numbers in this countr y, the more extreme our chil drcn·s consequ ences . You have !he powe r to ac t. 10 create a discus sion and a deba te. Fo r exam ple . Co lorado is los in g a hundred thousa nd acres a year right now to asp halt . With in the next 50 years, th at eq unls 5 milli on acres whic h equa ls a pad of conc rete 88 mile s square . Th at means it runs from Bou lder to Co lorad o Springs . In 1he nex t 1en years. accord in g 10 the National Aca demy of Scie nces , in this country. an cneroach men l by hum an • will ca use th e extincti on of 2,500 pl ants and anim als. Wh at ma n.I impli cati ons. what eth ica l irnplirn tions. does that bring to yo u perso nall y? Finall y. what abo ui a dro ught in 205 01 He sla ted it will not be just a drought, ii will be a soci al di sas ter. Finall y. thi s is by Man in Luther Kin g back in 1966. when he agreed 10 the Marga.rel Sa nger Award in Hum an Ri ghts ... "un like the pla gues of th e dark ages or cont emporar y diseases. we do not ye t unde rstand th e mode rn plague of overpopulati on as so lubl e by meuns we have di scove red and wit h reso urces we possess. Wh nt is lacking is not sufficien t l..now ledgc of th e soluti on, but uni ve rsa l co nsc iousne ss of th e gravi ty of th e problem and th e ed uca tion of th e billi ons who arc it s vic.:1i ms. And final ly, by the great doc tor L. Bartl ett. lhc phy sic ist from CU ,,, ''here is my cha ll enge 10 you. ca n yo u think of any prob lem, on a sca le from microsco pic 10 globa l, whose long-t erm so h.:tion i!-in any way demons trable , aided. assis ted or advanced by hav ing large r po pul a1io os a.I the local level. sue leve l. nati onall y or globa ll y. Can yo u think of anyt hing that will be be tter if we crowd more people in11, ou r cit ies. our states , our mni on and th e world'!" Wh at I am aski ng yo u thi s eve ning, he sai d, is to become your ow n Th omas Jefferso n, beco me a Fl orence Nightinga le, beco me a Mani n Luther King. bec ome a Su~a n B. Ant hony . and crea te 1his di sc ussio n now. Th ey we re har bi nge rs of th eir time and it is up to yo u 10 srn nd up and mak e a diffe rence. I ha ve had so many peop le. give me so many reaso ns over the las t three ye:1ri;: .. ,i1 is not on th e ve nue . it is not ou r prerogative. it is not thi s. it is nOI th at. Well , be like a Thomas .lcffcrson ... hc cou ld have wa lked away from that great thing that he wro te, 1ha1 made thi s co untry so great. or George Washin glon ;-(J uld have SJid "gee, I don't wa nt 10 fight th is fig ht ." I as k you to ask me back here for 1ha1 .is min ul e work sessio n or just pa ss thi s reso luti on and we will begin the grea t journe y toward bringing th is coun try. and the world. to a s1a ble pop ulat io n. I ask yo 11 10 do that toni ght and ask me an y questi om: ... e•mai l me. ph one me -::-id I wi ll be a1 you r se rvice . Thank yo u. he sa id. ::i nd Merry Chri s1mas IO you and you rs. Mayor Brndshaw thanked Mr. Woold rid ge. We wi ll tnkc it un der adviseme nt , she sa id . 7. Unscheduled Visitors {a) Fred Eibel. 101 Ji West Dartmou1h rlacc. Lakewood , wis hsd Council Happy Holida ys . Thank you for all owi ng me 10 spea k, he sa id . I am co.c hair of Colo rado Allia nce fo r Immi grati on Reform ... www .c air .co .org . Le t me ask you a ques 1io n. he sai d. Do yo u 1hink that Colorndo and metro Dc n,er .!i hould grow ... what ... I% in the next ten ycars ... 10% ... 5% a year? Acc ording to rule of 70, ii define s the 1imc 10 double ... yo u divide 70 by 1he intere st ra1c num ber. Le i's say yo u arc growing at 10% a yea r. you divide: 10 int o 70 and 1ha11cll s you 7. And 7 is the num ber of years it takes to double a popula tio n. If we arc growing at 5% ... 70 divided by 5 is 14 . That means if you grow al 5'l-:i year. yo u are goi ng to double •n 1-l years. Colorado currently has J .3 million pe ople and is 1he fa ste st gro\\ing s1ate in • • • • • • Eng lewood City Council Decemb er 16 , 2002 PugrS 1hc Unil ed S1n1es and Co lorado grew by ove r 30% in the 1990 "s and it is going 10 grow by another milli on peopl e in the nex t ten yea rs. Similarly, the U.S. popu lation is on a fast course to dou ble thi s cc niur y. as Fros ty mcn 1ioncd, and o ur c hi ldren wil l t.avc 10 deal wi th the conseque nces. Alt ho ugh nativc•born Americans vo luntarily re.ic hed repl aceme nt leve l fenility by 1972, ma ss ive immigra tion is now drivi ng U.S. pop ula1i on to double wi thin our chi ld re n's lifetimes . The legacy we arc leavi ng to our children is one whe re every cit) wi ll be effect ive ly twice as lorge. with all of th e co mmen surate mi se ries and de mand s on ou r environment. Twice as mu ch spra wl, grid loc k. conges ti on. sc hoo l overc rowding. de mand s on ou r decreasing farmla nd and aq uifers a nd ye t corporate imerests demand an unending supply of chenp foreign la bo r. The media is sti ll caugh1 up in promoting ope n borders age ndas wit h co mpelli ng hum an.i nteres t s1mies . Many elected officia ls arc more co nce rned with th e next election tha n with wha t wi ll happen IO or 20 years dow n the ro ad. Generation aflcr genera ti on of America ns. traditi ona ll y. have end eavored 10 leave their coun try better th an what it was. Yet Americans today may be the fir st to fai l thi s legacy . by igno ring the exp losive popu lati on grow th that we see dail y manifested in sympto ms around us. We are st eal ing fr om the future. he said, fo r th e sake of prese nt economic gai n an d it ca n't go on forever. We arc appr ac hing the pain ! of no return by ovei-pop ul aling o ur own count ry fo r the sake of corporate greed and a mi sguid ed se nse of pri orities. He pointed out that 1hc deba te about what kind of nati on and soc iety we are leavi ng to fu1u rc America ns is not occ urrin g a nd th e si lence is deafe ning. America ha s a right, and indeed. an obligati on to ope nl y disc uss and ~hapc its demographic future . Future generati ons of America ns dese rve nothin g le ss from us. 1han ou r fu ll co mp ass ion and our eve ry effort to en sure th em a sus1ai nab le future . 1 as k you 10 consider !he Aspe n Reso luti on, he sa id , and to talk amongs t yo urselves abou t whn l type of Co lorado and De nver and Englewood you wan t fo r yo ur children . Th ank you. Mayor Brads haw tha nked Mr . Eibel. (b) Mike McGnrry, 7 10 Cast le Ridge, Aspen, said I come here 10 ask Counci l, res pec tfull y, ro se rious ly co nside r Mr. Wooldr idge's request. I come to thi s iss ue that Mr . Woo ldrid ge spoke abo ut. in sma ll part, from my long invo lveme nt in se ni or ci ti ze n issues ... datin g ba ck 10, and includin g. my co ll ege days a1 CU. becau se it is 1ho.e on fi ::cd inco mes, so me of whom arc ou r most frail, vulnerab le citizens. who are most hurt by our rampant, reckless pop ullti on driven. gro\\1h explosio n. And . by the way, th e effec t is truly profo und . 1 hope 10 have a whole power poin t prcscn1a 1ion. by ln1c sprin g. on 1he cffe c1 of the populatio n impacl on se nio r citizens . He suited thal a hu man body grows 10 its natura l, full matu rity and any grow1 h beyond tha1 is a pa 1hologica l condi 1ion 1hat wi ll co nsume and even 1ua ll y destroy i1s host. Contin uing 10 develop and mature 1he body, to op tim um hea lth . make s se nse. Force.feeding it growth s1eroids, he sa id. docs not There is a Chin ese Pro ve rb, whic h sa ys ... if we con 1inu c goi ng in lhe directi on we arc going ... we are headed, we will end up going w~erc we are headed ." We need only look to 1 ':alifornia, he. said. 10 sec where Colorad o is headed ... in1 0 a future wholly dri ve n by ovcr•po pul ntio n ~ ess urcs . In 1965 . Ca liforni a was a state of al>out 16 mil li on and it is no\\ a hu ge 35 milli on ... larger th an m,l st co umries of 1hc world and it will be a gargan1uan 55 milli on people in 25 short yea rs. at c urre nt growth rates . Si nce 1965 , California's sc hoo l system ha s go ne from fi rst in 1he co untry 10 th e bottom . California's ccnlral va ll ey. a brc adba,;;ke t of the co untr y and the world , is cxpcc1ed 10 be 50 % bu ll dozed within 15 years to al·co mmoda1e the expl os ive human grow1 h rate . Add 1he w:11er and e nergy crisi s tha t Ca lifo rni a ha s experienced, he said. :rnd California ma y never ove rco me it s problems . 1t is also easy 10 see wh y Ca li fo rni ans arc necing 10 Colorado and exactly where Col rado is quickly headed. GroW1h is growt h and co nt inu ous popula ti on growt h is unsustai nab le. Wi th th e gr0\\1h monst er be neficiarie s wielding ma ssive power and influcnce ... expect only mnre growt h dre ssed seduc ti ve ly and di sarming ly in the Smart Gro\\1h dress and bonnet. The Unitt!d Sta tes is i:urrently growi ng a11h ird wor ld rates . He noted we are the six1h fas1e st growing in th e coumry. Colorado is growing a1 1wicc th e U.S. rate . Is there anyone in 1hi s ioom th at rea ll y belie ves we can sustain 1his Sl ate wit h 10 10 12 millio n or more peop le in lh e near future ? II is for th ese rea so ns 1ha1 I respectfull y ask you 10 granl Mr . Woo ldndge hi s request. 1 think yo u have n thing to lose and everyth ing 1u gain and I can't imagine a more impor1an1 a nd re levant rn .. ncr to co me before )OU. Th :mk you so much. he said . Ma yor Brad sha w than~cd Mr . McGa rry . En~lewood Cily Cou ncil December 16, 2002 Page6 (c) James Johnso n, 3445 Suu lh Downing Strecl. sai d I origi nall y came to speak to you fo lks todny abou t freedo m and municipnlity, alt hough. afte r hearing 1hcsc gc n1lcm en. l wa nt to change my subjects to freed om an d peace . The fir st subjec t I want 10 spea k abo ut is freedom and I issue . yo u all. three cha llen ges. The fir st challen ge is ... ca n freed om and pea ce co-exist? As far as freedo m goes, the onl y qu ote I ha ve fo r yo u is from Thomas Jeffe rso n. ''The price of fre edom is ell:rn al vigi lanre. ·• And, wilh lh e subjec ts th at have come up on Capi 1al Hill in rece nt month s. I have eve n written letters 10 se nato rs thi s las t ye ar tel lin g th em 10 watch c ul for the Exec utive Branch. not to give th e Execu tive Brnnch too mu ch power. But th ey were unheeded . Only one pe rso n wrote me back and 1hat was the edilor of the New York Tim es. Asid e fr om that . all the other se nat ors didn't give me any notice wha tsoever. As I said before. the price of freed om is eternal vigi lance and it is up 10 eac h one of us 10 rea lize when so mebody else's freed oms are bei ng infri nged upon . Whenever ,my one of us all ows so me one else's freed oms to be in fr inged upo n, we lose tha t freedom ourse lves . Wh ether it be freedom of speech. freedom of religion. or luck !he reo f, freed om to gat her . freedom to just enjoy life . Eve ry ti me we do not stand up for those citizen's freedom s, we lose those ourselves. A deba te came up 1h is week. he noted. rega rd ing bo th Senator Lo u and the cross burnin g. Now I am not Repub lican. 1 am nol Democrnl. I am not th ird parr y and it shouldn'1 matter if uny of you arc eit her. We arc all Americans and we should all stand up for th e Co nsti tut io n and 1hr Bill of Rights . Now , he sai d. one persr,n. one tim e sa id th at I may not agree wi th wh:it you say. but I suppon yo ur right 10 say it. And that goes for all form s of expres sions. Whether the y be a figura1i vc expression. suc h as cross burning. Now. he sa id , I am not rnci s1 and I do not suppon anyth in g racis t. because I feel that infrin£e S on ot her people's ri ghl s 10 happine ss and to thei r ow n fr eedo m. Howe,·er. if th ey arc doing thi s on th eir own properly or if they are i.ay ing it from the ir own words and th ey do not maliciousl y harm anyone. then we sho uld all supper! their right to ay tha t or 10 do that , so long as the y are nol infringing on other righ ls of the mh~r citize ns. Of course. he sa id. 1he othe r rights include searc h and right 10 trial by jury . I chall enge all of yo u to rese arc h at lea st the fir st ten amendme nts to the Con stituti on and realize when ot her people's rights are being infringed upo n and say no. th is cannot go on. Thi s To tal Information Aware ness Act th at's co ming up . th e HomelanJ Sec uri ty Act that has already pas sed. the Patrio t Act that has alread y pas sed ... how many of you feel comfonable knowi ng th at the go vernmen t ca n look into all of your record s, whet her yo u do an}1 hin g good or bad or indiffere nt , kn owing they can loo k int o yo ur re co rds ? And reall y. he said. let's be honest wi th our se lves . How many of yo u know 1h at th e government is inept. how man y of you kn nw 1h a1 the go\'e rnment make s mi stake s? Ju st beca use yo u are a good. fine, upstandi ng citize n. doe sn't mean !hat th ey won't get 1he ir wire s crossed and you wi ll be on the stands . The other one I w:intcd to 1a lk to yo u abo ut was pc:1ce and I will make it very brief. I once ta lk ed to my fat her aboul pea ce. he s:iiJ. and I asked him if pea ce can be pro 1i1able ... more profi 1able 1h:m war . And he told me that no, ii cann ot. be ca use wa r co ntrol s the po pul ati on. So, I chall enge eac h one of yo u to co me up wi1 h n way to make peace more pmfiiablc than war and .1lso 10 sustain the po pulati on at a decent rate. becau se that is the who le purpo se of war. .. to reduce th e po pul ati oT' ... no1 10 ga in any re sourc es or anything el se of the kind . So it is up to us 10 decide how to balance freed om and pea ce and how to bal ance peac e and the pop ula tion. Thank yo u. r..tu )or Brnd :,ha \v thnnked Mr. John i.o n. (d) Ron King. 13132 Wes t Mon1ana Avenue. Lake wood, said I came 10 1hi s meeting in sup po rt of an orguni zation I just joined and th at is the Col orado Alli ance fo r lmmigr:11io11 Refo rm . With the subjef.'.t slated tonig ht. over popula ti on ... in terms of th :11 ... ovcr pop ul :nion is the globa l aspect of how ma ny people: c:i n we ha ve and have 1he natural re so urces 10 meet their needs . Now. in term s of imm igrati on, I feel 1hcrc can be a comro l on the amount th :u is comi ng int o th e U.S. The Uni ted Sta tes. he pointed out , ha s 1he right to sc i its own declar:iti on of how many people ii wants to let int o the cou ntry . h doesn't have to be impo sed upo n by a fo rei gn power . The Un it ed States has th e right 10 close i1 s bo rders. it has the right . in lerms of Homeland Securi ly. Of co ur:;e, nowadays we have 10 be ca reful of who comes into the co un1r y. Why ca n't we have !h ose coming in doc umented ? In 1erms of th e growch po tcn1ial. in terms of 1llcgal imm igr:11ion ... wc ha ve immi i;rn ti on, whic h we feel is fine . You lega ll y co me here to share in th e America n dream . That is the wa y immi gra tio n is suppo sed to work . To adopt your new co untr y. to learn • • • • • Englewood City Council December 16 , 2002 Pug, 7 1hc lungu:igc 11nd to bt.-co mc a citizen upholdin g 1h ut fl ag. In terms of ill ega l immigrati on, you have just hord es of peop le. Obviously, he said, we ca!l un ders1and th e de sire to see k th e oppo rtunit to li\'e a better life . But on 1he mhcr hand, ill ega l entry int o th e co untry is a form of lawbreak in g and tresr-assi ng . So, as for ns ill ega l imm igra1io n, th e Uni led S1n1es has the rig hl to restri ct reso urces , to ... in a way., .deny be nefit s. If you gi ve them am nesty, as a reword. it bri ngs in more illegal aliens . It encourages them to co nti nue 10 have th is in1cnt 10 co me to th e Uni ted States and have no co nce rn fo r becoming an American , becom ing ass imilated with 1he peop le. How many hord es ca n we lake in? When wil l it slop'! I think ii is one of the mos t vul nerab le p int s ofthi, U11i1cd State s a1 thi s poi n1 in time . Our alliance is jus1 railing for re pee l for America ·s borders. A big chunk of 1he ill ega l immi gratio n is from Mexico, beca use they are our neighbo r. I'm say ing. leis :1sk Me xico to have so me order and legalhy on the bo rder , so th at we don't have thi s mass horde of pr uplc running ncross 1hat bo rder. Thank yo u, he said . 8. Co mmunicutlons, Proclumutlons end Appoint ments There were no cnmmunica1ions. proc lama1ions or appointments. 9. Public Heuring (a) Mayor Brnd shaw advised that thi s Publi c Hearing. to gath er input on Cou nci l Bill No. 62 , amending house hold occ upancy lim its. COUNC IL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 62 , AMF.NOi NG HOUSEHOLD OCCU PANCY LIMITS . Ayes : Co un ci l Membe rs Nabholz, Moore , Garren. Wol osyn, Yurchi ck, Gra zuli s. Bradshaw Nays: None Morio n carried and the Public Hearing opened. All witne sses were duly sworn . Plann er I Fru cht l said fo r the rec ord. staff wou ld lik e to note thal th e app lica1ion wa s publicl y noticed with the requirement s sci for th wi th in th e Eng lewood Comprehensive Ordinance. Before yo u ·,o ni ght , he !la id . is Counci l Bill No. 62. an ordi nance re vising th e Englewood Muni cipa l Code regarding th e defi nit io n of house hold . Staff reco mm ends 1ha1 the Cit y Counci l cons id er te stimony during Pub lic Hearin g on the proposed amendm ent s to Tit le 16 Zo nin g Regulati ons, Title 9 Hou sin g Regul atio ns and the 1997 Uniform Bui lding Code Sec tio n 207 -F pcrtn in ing to lhc definiti on of family/h ousehold as follow s. Fa mil y/hou seho ld: (I) one or more pe rso ns rela1ed by blood, marria ge , ad opti on, or leg al guardi anship, including fo ste r children, li vi ng logct her in a dwe!ling unil ; or (2) two unrela1ed pe rso ns and the ir children li vmg toget her in a dwelling unit. I j ust want to give yo u a litth: backgrou nd, he suid . The number of unre lated pe op!c all owed 10 live toge th er in a household was estab lished in 1999 to co in ci de with the num ber of unrcla1cd peop le all owed 10 li ve toge ther in a gro up home faci lit y. The current definiti on of househo ld. he sa id. ad dre sses three ca te go ri es of li vin g arrnn gcment s: ( I) rchued people, (2) unrelated peop le and (3) unrelat ed peop le and th ei r children . Foll ow in g citi ze n conce rn s regarding the num ber or unrelated people living in a dwe lli ng unit , Counc il directed the Cit y Attorney to researc h occ upancy lim itatio ns wit hin oth er jurisdictio ns. II wa s found th at til e average numbe r of unrelated peop le all owed to live toge th er in jurisdic tions. th ro ughout th e metro mea and comparabl e pop ul a1cd citi es within the sta te, is 3.38. After review of the finding s. he said , Coun cil defined 1wo objec tives . The firs t objecti ve is to update 1he definition of house hold . crca 1ing consis ten t language wi 1hin Title 9 Housing Regu lati ons. Title 16 Zo ning Rcg ul.ati ons and also the 1997 Uniform Building Code. The seco nd objective, he sa id , was 10 revi se 1hc ex i~tin g language tha 1 res1ri cts the number oi unrelated people living in a dwe lli ng uni l, fr om eighl peo ple to a number 1h01 was co nsis1en1 wi1h the metro area. Coun cil requ ested that the number of unrelated people, all owed to live 1ogc 1her in n dwellin g un it. be ba sed on the average number o f 3.38, 10 be Engl ewol)d Cit y Council Dcccmbrr 16, 2002 Pugc 8 cu nsis tt.:"nt wi 1h 1he metro area and es1ab li sh th at num ber nl a ma ximum or 1hrcc. On October 8111• the Plann ing Co mmi ss ion re vie wed . too k pu blic tes timony and pro vided co mment to 1he pro posed ordinan ce revi sio ns. Durinp, th e hea rin g. th e Planning Co mmi ss ion vo iced apprehensi on due to 1he rcs1ric1ive nature or 1hc propose d dc linili on, whi ch only all ows three unrelat ed pe opl e to liv e togeth er. Co mment s were based on a potentia l living co nd iti on thttt ma y include in divid ual groups or peop le th nl include two or more people unre lated by bl ood. marriage. adoption, or legal guardi anship . To acco unt fo r lhe potential li,iing :1rrang cmcn 1s. the Plann ing Co mmi ss io n amended the reco mm endatio n as ou1lincd in th e staffre po n . The amendment was passed 7-0. During the November 4th Ci1y Council Stud y Se ss ion. he said, membe rs of Co unci l sla ted that , arter con lac t wi th citi ze ns in th eir respec tive distr ic ts, there had been add itional concerns rai sed abo ul parkin g and also poten1ia l rooms fo r ren t within zon e di strict s. During the di<c uss ion that ens ued . Cou ncil . by co nsen sus, stated Ih a! th ey wou ld prerer to lim it th e number or unrelated peo ple all owed to li ve tosethc r. in a sin gle•fomi ly unit , to no more th an two peop le and the ir children. Co un cil also set Novembe r 18th as 1he li rst rea ding hearin g date, he sa id. and at the November I 8th ..1ee1ing Council \'O ted 7•0 10 sc i De ce mbe r 16th as 1he publi c hearing date fo r th e proposed Ndin ance ame ndment. Additi ona ll y. Coun ci l rev ie wed three alt ernati ve language s fo r prospr.c tive moti ons. moving to amend 1he Plunnin g and Zo nin g Commi ss ion's reco mmendation as outl ined in th e staff report . T he Cit y Coun ci l upp rovcJ 1his defi nit ion 6· 1. And thi s, he sa id , brin ss us 10 1h is evenin gs disc uss ion. It should be noted. he said. th at, although th e term house hold is proposed to be ame nded to famil y/h ouse hold . group livin g uses arc excl ud ed from the proposed defin ition . He ex plained th a1 gro up li ving fac ilities arc regula1ed by secli on I 6•4-23-1 or the Co mprehen sive Zo ning Ordinan ce o.nd mu st ad here 10 th ose provisi ons. Sta ff reco mmends tha1 Ci ry Co un ci l ap prove the propo sed rev isions to th e Co mpreh ensive Zo ning Ordin ance pcn:1i ning 10 th e definiti on or famil y/hou seholG as oullin ed within th e s1aff report. he sa id . Thank you. Mayo r Brad sh aw ai-:1·ed if there were any qu es ti ons. There were none. Clyde Wi ggi ns, ➔9 7 5 South In ca Dri ve, sai d I sy mp athi ze with Co un cil thi s eve nin g. I am th e soo ke sman for a gro up or d ti 1.ens . He as ked thal th ey rai se th ei r hand s so Council ca n sec who he rep resent s. They ra ised their ha nds . We ask yo ur help , he sai d, on updat ing th e zoning requ irc mc nL'i fo r R-1-A neighbo rh oods . We ask yo u to vo te fo r a limit or two unrelated persons in a single fam il y home. A limit or two is wi se and necess ary. he opin ed . ii all ows for ad equ ate parking fo r re sid ent s and gues ts. disco urages abse nt ee lard lords fr om turn ing good neighborh oods into rental s and pre se rves th e quality of lifo for ail Englewood ne ig hbo rhood s. In th e definit ion ... and thi s is th e pre vious one ... it states th at a single household may co nsist or ei ght unre lated indiv iduals. My wife and I rece ntly fo und out what that ca n do to a pl easant fa mil y nei ghbo rh ood, when an in "estor fro m L.1kcwood purchased th e house ne xl doo r. He re nted it as a du pl ex and th en recci\Pe d in fo rm ation th at cau sed him to re movr: the dupl ex title and encourn ged the ren ters to co nsid er themse lves housemat cs . With these three rente rs came four cars, a momrh omr ... plu s there is a two-ca r ga rage 1ha1. to thi s dat e. for fo ur mo nth s now. we ha ve ye t 10 sec a car go in and out or the ga r:i gc . The doo rs arc down and no thi ng g:>es in and out or the garage. I don't know what lh ey use th e garage fo r. he sai d. Two dogs, an eleven-yea r-o ld . mu sic so loud th at at leas t three ncis hbors ha,·c ca ll ed th e police and co mpl ain ed. Th ey have an unkem pt y:1rd . uncut weeds. the sme ll or dog dro ppin gs and you t.·a n hard ly bla me good ne ig hbors or citi ze ns 10 loo k for homes else wh ere. when 1hcy mu st live nex t doo r 10 1his kind or a situatio n. We fo ci. he said, that City Council needs to ac t to prc\Pe nt 1hc deteri orn tion or our neighbo rh oods . Ab se nt ee landlords arc buying our good-s ized homes and re ntin g th em to a num ber or tenant s 10 pay for 1hcir in ves tment s. They arc ab le 10 charge rent th at 3 sin gle fami ly c:111no1 afford to pay . Renta l homes arc easy to spo t in Englewood, he sai d, they are th e ones with a lot or ca rs. n ane nli on to weed s and land scapi ng. littl e upkee p. junk and cars acc umulatin g, etc. Your code cnfon.:cnien t wilt vcri ry thi s I am sure , he said . Pa rking spaces can be a probl em. when th is many individua ls arc oct.·up yi ng one home and 1hi s becomes an even bigger prob lem when th ey have guests. Li mit ms 1hc 0<.·cupan cy to two. so mewh at limit s th e num be r or vehi cl es. We would enco urage yo u 10 vo te for a lim it or two unrelated indi vid u:1 1s on the Englewood R-1-A zo ne requ es t, he said . Th ank yo u fo r yo ur time . I-l e asked irthc ri:. were any qucs1i ons . M:1yo r Or r.<b haw a..,ked 1r there we re uny qucslions . Th ere were none. She th ank ed Mr . Wi gg in s. • • • • • • Englewood Clly Council December 16 , 2002 Page 9 Phil Gilliam. 382 1 Sou th Huron . said I saw in 1hc Herald that th ere was a di sc uss ion about loo king a1 zo nin g maybe e ight peo pl e. ei ghl ve hicl es ton lot and I thought th at was inlerc stin g. I live ncx l doo r to a place that ha s anywhere from 25 to 40. I call ed th e City ... and of co ur se I ha ve talk ed 10 them beforc ... but I call ed th t.:: it y opc ra1or and just sa id I need ed to rnlk to somebody abo ut the c urrent situati on and she put me th ro ugh to a lady named Tri ci a La ngon . I exp lained the si1u11ti on and she sa id I needed to talk to Ci ty Coun cil. so here I am . I li ve next door 10 Dea n's Sprinkler at 38 14 South Inca. It is interes ting. as this is R-4 zo ning and there arc some g;1ps in th e zo ning regulati ns that Tricia se nt me . ln R-4 yo u can h1\Ve admi ni sm11ivc offices ... th at sort or 1hing ... and yo u can also have in-home busine sses. He poin ted oul thot the laws for in -home bu sine sses arc mu.:h more s1ringen11hnn they are fo r R-4 office use. in fac t, ir yo u had a us:1ge 1ha1 maybe yo u wercn·1 fl yi ng righl . un de r an in -home bus in ess. yo u co uld move o ff 1he prope rt y and keep doi ng ii and th e regs wo ul dn't appl y 10 yo u. So th ere ure so me hole s there that need to get fix ed. I'm \\Onderi ng abo ut occ upancy 100. he s:1 id . When yo u loo k al occ upancy. 1he upstairs of the house ... what's on th e property is a hou se and a fo ur-ca r gara ge. The up stairs of th e ho use is Dean's Sp rinkler 's office and th ere is a ba se ment npanmcn l. So you have a case where yo u have kind of a mi xed - use 1hing. No w c,1111hey. in th e basement apa rtm en t dow nstai rs. have two unrelat ed fa mili es and do busine ss upstairs'! If you are famili ar wi th the nei ghborhood ove r there. he said , ii is real qui et right now, becau se ii is wintcrlime and the sprinkler bu sine ss is shut dow n. I co un1cd on 1he way. as I wa lked ove r here ronig ht , and there arc o nl y nine vehicles and five trn ilers with the pro perty, in the slree ts right now. And it is duri ng the empt y time. When th ey are in full swing doing business, he sa id , !h ey occ upy Huron Streel, fmm th~ north dri ve or 1he Madd ox teacher's parkin g 10 1, up 10 Lehigh Street and th ey occ upy Le hi gh St reel 10 th e eas l along the nor1h e nd or th e sc hool. They occ upy In ca Stree t so uth down throu gh the nei ghborhood s. They have. that I ha ve co unt ed. sixteen or seventeen of their own vehicles , wi th logos, now and th ey arc in an expa nsion mode and they have trail ers. They ha ve trailers with co mpressors fo r blowin g mu sprinkler systems and to haul di1ch witches. And then th ey ha ve th eir employees. They show up early a nd the y stand on the opposite sid e of the stree t. Some of my neighbors are hesit ant to say anythi ng. Th ey fee l weird . I am in a unique si tuatio n, he sa id . I am th e o nl y re sident on Huron Street The re st or ii is :di garages. Wh en they gfi to leave th eir houses. 1he empl oyees wa tch them leave . In the mornin g. during sprinkler seaso n and when school is go in g ... yo u intersect When Dean's is runnin g. th ey will doub le park both side s or the stree t righ t by 1he:r properly, so 1hey can loa d up all of 1heir gear and make th ei r nrra nge men1 s and go abou• doing th eir businei-s for th e day and it gets th e s1rce 1 down 10 one lane . I hn ve never seen a poli ceman co me b> and iss ue anybody a ticket for do uble parking an d it happens day in and d:1y out. I have never seen an y ticke1s iss ued for vehicles 1h a1 arc parked 1here in th e off-s easo n fo r weeks and week s and wee ks a nd weeks . As a matt er of foct. th ey are pa rked th ere until it is time to fire them up . in the spring . In view or th e lack of enfo rce ment by the people in lhe Ci ty given th e re spo nsibility of cnron:cment. I would lik e 10 see 1hc Cit y Co un cil. in th eir co nsi derati on of ordin ances. just change the law so 1hcy can't do it to beg in with and then th ere is not hing to be enforced . That is kind of my two cents . he sai d. They have a reg ular ci 1y lot and th ey have ove rwhelmed it. Unde r the gui se of admini slrati ve offi cc:s. 1hey run hu ge crew s ou1 that fire up motors on equ ipm ent to make s ure th ey run . They inve nt ory out of 1heir gara ge. He opin ed it is a use tha1 is imprope r for th e area and ii needs 10 end . I am somewhat chagri ned, IIHII give n how bla1an1 th ese thin gs are ... and 1 am four bl ocks from th e poli ce stati on and th ey dri ve by and nothin g happens. unl ess yo u squ ea k rea l loud . If we are goin g 10 ha ve pe ople in cnforce men1 capaci ties. they should keep 1hose of us li ving in Englewood. fr om ha ving to stand at thi s mik e . Tha nks. he said . Mayer Brads haw thanked Mr. Gill iam . Ma yo r Bra dshuw asked if any one el se wi shed to address Co uncil on th is iss ue. Dircc 1or Sim1>son said I ju st wa nt ed 10 spea k for just a mome nt. Mr . Gi lli am did ca ll our office. he sa id . and I just wan 1cd 10 kind of clariry . for Cou ncil pur poses, some iss ues. While 1hat pa'1i cular problem ... and it is a ddini 1e pmblcm ... nee ds 10 be addressed, ii is not necessa ri ly related to the occupa ncy limi ts th at you are addr•~:-.s mg to ni ght. Bll t. he said, I did want 10 let you kn o w, 1hat fr om a zo ning ordi nanc e srn nJ point, Engl•wood Clly Cou ncil D•ccmbcr 16, 2002 Puge 10 we arc loo king at so me changes 10 address this parti cular kind of problem in th e ne w Unified Developme nt Code . However. he said. in th e meun1ime th ere ha ve been so me co mplain ts that have been broughl forward over the las l eighteen month s and they hn,·c not been fo ll owed up on. It is not a permi!led use at that location, as Mr . Gilliam noted co rrcclly . and it actually need s to be followed up. In an R-4 district. adm ini stra uve and profess ional offices are pennilted, howe ver, th at panicu lar business is cond ucting a much more expansive busi ness and ha~ been in an expansio n mode for the last twelve months and it co ntinue s. I just wan1cd 10 let yo u know, he said, we ha ve lodged co mplaints on th at also and I don't know the sta tu s of those . Mayor Brnd shaw thanked Mr . Simpson. Mayor Brad shaw asked if there were nny que sti ons other que stions. There were none . Mlyor Brad sha w asked if anyone el se wi shed 10 address the Counci l on th is isJJ ue . There wa s no one . COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 62, AMENDI NG HOUSEHOLD OCCUPANCY LIMITS. Ayes: Council Members Nabh olz, Moore, Onrrcn. Wolosy n, Yurchi ck, Grn zuli s, Brad shaw Nays : None Mo1ion canicd and 1hc Pu bli c Hearing closed . Council Member Wolosyn sa id I have one question about the new reading. The ·•or". that co nnects one and two ... 1wo unrela1 ed pe rsons and 1heir children li ving together in a dwelli ng unit ... l gue ss that would al so include sa y, if on e or th ose peop le had an elderly pnrent 1hat needed lo li ve 1hcre wi th 1hr.m ... 1hat wou ld be all owable. Mayor Brads haw asked if that would include a par.;:nt, an elderl y parent. Pl anner 1 Fruchtl said it wou ld include an elderl y parent Ms . Wolosy n said she just wa nted to clarify that. Council Member Moore asked if thi s change is limited to R• l ·A. I need clarifi cation on thi s, he said. Ma yo r Brad shaw 1sk ed Mr . Fru chtl to answer that questi on. Mr. Fruchtl said the definiti on wi ll appl y to all the zo ne di stri cts. We are ame nding the overall zoning definiti on. so it will app ly with ever ything, he said . Council Member Moo re sa id he wc,uld like to ask a que stion by example . If yo u have a mrirri ed couple nnd c,ne unrcla1ed perso n. is that all ow11,!ile under the pro posed definiti on or not? Mr. Fruchtl said ye s. because tic married co upl e wo uld be lhe famil y and 1hen the ot her person movi ng in would be the oth er. Council Member Moo re noted when you go to "or", it is an ei1he r/o r situation . Mr. f-ru chll said the marri ed couple wo uld be th e one :md then the "or", the 1wo unrelated. wou ld be the pe rso n who is not married who is movi ng in , th .i i wou ld constitu1c 1he unrelat ed perso n th at would be mew in g in there . So, he sa id, fo r ins ta nce. if my wire and I had :i home and you were to move int o it, th at wou ld be le ga l. per this defin iti on. As we are married we rirc co nsidere d one . Ma yor Bra rls ha w asked if 1here we re :m y other qu esti ons. There were none . COUNCIL DECIDED TO ADDRESS THIS ISSUE UNDER COUNCIL MEMBERS ' CHOICE. • • • • • • Eng lewood City Co uncil Decemb er 16, W02 r ugc II Ma yor Brad shaw asked if 1herc were any mhcr questi ons of staff. The re we re none . She 1h ankcd Mr . Frudu l. I 0. Con.'iC 11l Agc ud u (a) Appro ·. al of Ord in ances on F1rs 1 Rea din g COUNC IL MEMBER GARRETT MOVED , AND IT W.I S SECONDED, TO AP PRO VE CONSENT AGENDA ITEMS 10 (a) (I) THRO UG H (\'Ii), 10 (b) (I) and 10 (c) (I). (;J COUNC IL BILL NO . 69, INTRODUCED BY COU NC IL MEMBER GARRETT A BILL FOR AN ORD INANCE AUTfl OR IZING THE ACCEPTANCE OF A VICT IM ASS ISTANCE LA W ENFO RCEMENT (VALE) GRANT FROM THE VICT IM ASS IS TANCE LAW ENFO RCE MENT BOARD OF THE 18TI 1 JUDIC IAL DISTR ICT, (i i) COUNC IL BILL NO . 37 , INTRODUCED BY COUNC IL MEMBE R GARRETT A BILL FOR AN ORD INANCE AMENDING TITLE 2. CHAPTERS 1.2. 3. 4, 5. 7 AN D 9 AND TITLE 5. CHAPTERS 3 AND 3A. OF THE ENGLEWOOD MUN ICIPAL CO DE 2000. PERTAI NL"lG TO BO AR DS AND COM MISS IONS . (iii ) COUNC IL BILL NO . 73, INTRODUCED BY COUNC IL "1 EMBER GARRElT A BILL FOR AN ORD INANCE AMEND ING TITLE 3. CHAPTER 4. SECTIONS 2. 7. AND 17. OF THE ENGLEWOOD MUN ICIPAL CODE 2000. TO MAK E CHA NGES TO ENG LEWOOD NO EMERGENCY l<ET IREMEN T PLAN DOCUM ENT (THE PLAN) AS REQU IRED BY THE INTERNAL REVf-rtJE SERV ICE . (iv) COUNC IL BILL >!O . 74. INTRODUCED BY COUNC IL MEM BER GARRETT A BILL FOR AN ORDiNANCE ADOPTING AMENDMENTS TO THE CITY OF ENGLEWOOD ~lR EFl<'HTERS PENS ION PLAN DOCUMENT (THE PLAN). (v) COUN CIL BILL NO . 75, INTP ')DUCE D BY COUNC IL MEMBER GAR.lETT A BILL FOR AN 0RtJIN AN CE ADOPT ING AMENDMENTS TO THE CITY OF ENGLEWOOD .POLI CE OFF ICE RS PEN SION PLAN DOCUMENT (THE PLAN). (vi ) COUNC IL BILL NO . 70. INTRODUCED BY COUNC IL MEMB ER GARRETT A BILL FOR AN ORD INANCE AUT HORI ZING THE TRANSFER OF PROPERTY K OWN AS PARCEL 2 LO CATED IMM ED IATELY NO RTH OF ENGLEWOOD PARKWAY BETWEE N SOUT H CHEROKEE STREET AND SOUT H ELATI STREET TO ENGLE WOOD ENV IRONMENT AL FOUN DATION TO ENABLE ITS COMPL F!"ION OF THE uEVELOPMENT OF THE FORMER CITY HALL SITE . Englewood City Council December 16, 2002 l'og• 12 (vii) COUN IL BILL NO . 7 I. INTROD UCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE DEDICATING THE ENGLEWOO D PARKWAY FROM S. ELA Tl ST. TO CHEROKEE ST . AND A TRIANGULAR PIECE OF PROPERTY A'i' T E NORTHEAST CORNER OF S. ELATI ST . AT WEST HAMPDEN PLA CE AS PUl!LIC RIGHT-OF -WAY . (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 64, SERIES Ot2002 (COUNCIL BILL NO . 67, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORD INANCE AUTHORIZING A LICENSE AGREEMENT AND TEMPORARY CONSTRUCTION EASEMENT ACROSS THE CITY DITCH RIGHT-OF-WAY OF Tl-IE CITY OF ENGLEWOOD FOR CONSTRUCTION OF A WATERLINE AT OR ABOUT 4663 SOUTH MARIPOSA DRIVE . (c) Resolut io ns and Motio ns (i) PURCHASE OF A FLUSHER/VACUUM TRUCK FROM BOYLE EQUIPMENT COMPANY IN THE AMOUNT OF $143.364 .00. May.Jr Brad shaw asked if 1hcre was any discu ss ion. There \HI!-none . Vote results: Ayes: Nays: Moti on carried . 11. Regular Agen da Counci l Members Nabholz , Moore, Garren. Wolos yn. Yurchick, Grnzu lis , Brad shaw None (a) Approval of Ordinances on First Readin g Counci l Member Garren said before Co uncil addresses Agenda Item 11 (a) (i) I w11n1cd !O stale tha1 up until this time I ha ve generally withdrawn from participating in suc h discussio ns , but as of last week I \Jll no longer affi liated with any co mpany that mi ght ha ve an interest in doi ng this type of work. so I can parti ci pate . (i) Dircc10r In gle and Dirti:lor Ross prcsen1ed a recomrnend111ion from 1he Department s of Inform ati on Techno!ogy and Publ ·i,· Works to ado pt a bill for an ordinan ce approving a rig h1 -o f-way use agreement with Ricochet Network s, Inc. Mr. Ro ss sai d Don Ingl e and I h:wc been identifi ed 1,s 1hc staff so urces on thi s panicular is sue. We arc kind of an odd co uple, he noted, as Don's idea of a hard dri\'c is so mething that sits in a pl asti c box under his monitor and my idea of a hard dri,•e is so mething that I have 10 do when I drive from 1he north end of town 10 the south end of 1own. Director Ross explained thal in 2000 Metricom approached thr City with 11 proposa l 10 iUtac h radios to Excel Energy ligh1 po les in our rigl-o .-o f-wny. This was a new technol ogy. he sa id . The stock market was booming and peo ple were invcst.n::; heavi ly in technol ogy compa nies . Mctri com was very aggressive in the deployment of their sys1em and ent ered into agreements with the various entities and depl oyed that sys1cm . but 1hcy never realized the reve nues the y had hoped for :m d in 200 1 they fil ed fo r bankruptcy . • • • • • • Englewood Cll y Coundl Dece mber 16, 2002 Page 13 Ricoc hcl Networks. Inc .• has now purc hased th e aba ndo ned Mclric om radi os and they wi sh to beg in operating their wi rel ess digita l dnia co mmun icat ions network and th ey plnn to nddjust fi ve more rndios to the sys tem thal has alrea dy bee n insta ll ed in th e Ci ty of Englewood. whic h consists of 50 of 1he radi os tha t Mclri cum in stalled . At th is point. he said , Mr . In gle will tr y to bring yo u up to spee d with respec t 10 the ;1grccmc nt that has been wor ked out bc 1ween Ri coc het. GMTC, our coun se l. Ke n Fe llman and staff. Directo r In gle sai d, as Mr . Ross menti oned , there is an aspec t 10 th is agrcc menl that is ve ry int er- jurisdicti ona l in 1ha1 the Cit y panic'ip;11cs in th e Greme r Metro Telecommun ica tions Co nso nium, of which Lei gh Ann Hoffninc s, of 1hc Ci1y Man ager's offi ce 1aff, is a par1icipan1. Several of th e ci1i cs in th at co nso rtiu m were a pp roac hed ind iv idu nlly abo u1 excc u1in g right -o f-way ngreemen ls indi vi duall y. Th e iss ue ca me IO OMTC and th t:y felt it wa s in th eir be st co ll ective in1eres110 tr y to create a mode l agree me nt. So, he sa id. what yo u see before yo u toda y is th at mode l agreem ent wit h so me changes speci fic 10 the Cit y of Eng lewood. As Mr. Ross menti oned. the Metr icom tec hnology, as ii used to exist, wa s par! of th e dot com boo m :ind. actua ll y. the techno logy itsel f is quit e attrac ti ve. fr om th e po int f view that it pro vides ban d width ca pabilitie s or speed ca pabilitie s in a wirel ess mode that exceeds a lot of the offerin gs th at are c urrent ly in ex istence. Di rec tor Ingle noted th at exam ple s of that include the current tec hn ology that the Safet y Ser vice s Jepar1ment uses fo r mobile po li ce co mputer co mmuni ca tio ns a nd th at tec hnology is call ed CDPD . It is a sec ure cleme nt of th e ce llul ar band th at ha s been in existence for n num ber of ''f"1rs no w and, act uall y. 1ha1 tec hnology. whi ch is marketed in thi s region primarily by AT&T wire less . is l ,g 10 be di sco ntinued in abo ut I 9 month s. So our Safe ly Scn•ices Departme nt . as we ll as severa l 011 ... , risdicti ons in lhi s area, rea ll y fa ce a quandary in terms of how they arc goi ng to suppon 1h at dn 111 c r1u11 cati on. Th e Ci ty and Co unt y of De nver. he sa id , bo ught int o thi s Mctricom tec hnology prell y sig mlil 111tly and 1hey have ba sica ll y deci ded 10 convert all of th eir publi c safety appli ca tions lo thi s. It excee ds sev en to !en times 1he per fo rma nce of th e CDPD offeri ng and they arc goi ng lo be ab le to do several thin gs th :11 th ey hav en't been ab le to do . For ex.:mp lc. he said , th ey will have the abi lity 10 tran smit as•buih drawin gs of buildings and in th e even t of a fire , th ey kn ow where to get in a nd get out of a bui lding . And th1.y will ha ve GIS maps, fo r t:mcrgenc y re spo nse. He po in1ed out 1hat those types of appli cation s ca nn ot be done using th e CDP D techno logy. The GMTC agree men t loo ked int o the iss ue of how 10 co mpen sntc muni ci palitie s. Unlike 1he Metricom agreement. whic h had a gross rece ipt s amount rcmin ed to 1he ju ri sdic1ions. thi s docs not include that. In li eu of th at. he said. th e Cit y and all of th e oth er par1icipant s. arc fol:owing a model fr om the Ci ty a nd Co unt y of Denve r of ob1ain ing free services nnd equipment from Met ri co 1n By way of an equat ion tha t was worked o ut. betwee n GM TC and Ri coc het , th e City will rece ive 29 mode ms. a1 no cos t The y am ount to abo u1 $100.00 a pi ec e, so ro ughl y abo ul $3,000.00 . And an equ al amo unt of basic service , wh ich. on an annua lized ba sis, fo r th at man y modem s, would equal betwee n $16.000,00 and S 17 .000.00 a yea r. So , in lieu of th :H gross reve nue remitt ance. he said. th ere is a benefit to the City, in 1he se nse thal we wo uld have to find so me othr.:r ave nue and thi s is ki nd of th e ave nu e of choice among a lot of juri sdi cti ons. the Ric oc het tcrhnology. So, what yo u have befo re yo u is. agai n, a mode l from GMTC with so me c ustomiza 1ions fo r the City and we 1h ;nk there are so me bc nefil s down the roa d for th e Safe ty Se rvices D:part ment and other depa nm ent s in 1he way of wire less co mmuni ca 1io n. At thi s point. he sai d. we wou ld be happy 10 an swe r any questi ons. Mayo r Bradshaw ns kcd ,f there were any que stion s. There we re none. Ma yor B1:idshnw than ked Oirec1or Ross a nd Director Ingle. COUNC IL MEMBER IVOLO SYN MOVED, AN D IT WAS SECON DED, TO AP PR OVE AGENDA ITEM I I (a) (I) -COUNCIL BI LL NO. 76 . COUN CIL BILL NO . 76. INTROD UCED BY COUNC IL MEMBER WOLOSYN A BILL FOR AN ORD INANCE APPRO VING A RIG HT-OF-WAY USE AGREEMENT TO ALLO W RICOC HET NETWORKS. I ~C . TO DEP LOY THE ABANDONED METRICOM EQU IP MENT TO PROVIDE WIR ELESS DIGITAL DATA SERV I ES . Englewood C il y C ouncil Dec c111bcr 16, 2002 Puge 14 Ma yor Brads haw n~kcd if th ere was any 01he r di scussio n. There was none.:. Vot r res ul ts: Mo1ic.,n carried. 1\ycs: Co unc il Membe rs Nabholz. Moo re, Ga rrett. Wolosyn, Yurch id:. Graz uli . Brads haw Nays : None (ii) Dircc ror Ross present ed a reco mm end atio n from the Dcpa rtmenl of Pu blic Works to adopt a bi ll ro r an ordin ance amendin g Titl e 11. Chnpt er I of th e Englewood Mun icipa l Code to cha nge th e l:iwful speed lim il o n local slrccts in rc sidc rui nl a reas to 25 mph . (Coun ci l Bill No. 85) Direc tor Ross said in 2002 we fi ni shed a Co mprehcnsi\'e Trans porta tio n Study and a la rge part of th at effo rt was directed al snli ci1ing input fr om th e pu bli c. O ne of th e things we heard was tha t 30 mil es per hour was re.ill y too hith a speed lim it for ou r reside ni ia l loca l stn.:c 1s. He adv ised that the Ci1 y of Englewood has u1il iz cd 1he Mode l Tr3ffi c Code. wri lt en by 1he Sta te of Colora do, with co nsidera bl e in pu t from th e vario us loca les, 10 guide us in our traffi c laws. Engle wood has adopt ed the Code by reference in our Mun icip:1 1 Code nnd we hav e previo usly mod ifi ed 36 sec tio ns of th e Mod el Tra ffi c Code to better Jeni wi th si1U a1ions that ex isl in Eng lewood . Staff is befo re yo u tonig ht to recomm end tha t we mod ify one more secti on. he said. and th at is 10 red uce the speed limit , on resi dent ia l loca l stree ts, 10 25 miles per hour . We make th is re1..·o mm endati on based upon th e fo ll owi ng fa ctors and these fac tors. in our estim ati on, make 2S mil es per hour, 1:1e sa fe and prude nt speed fo r our s1rce ls. Because stree t wid th s are narrow. and on-stree t pa rk ing is preva lent o n 1hesc streets. and we have back-o ut dri veways tha t bac k o ut onto th ese stre ets. beca use 1hc:s e arc th e fr om yards of our re side nt s, where th eir chil dre n come toget he r and pl av nnd, fin all y, unde r id ea l co ndi 1i ons, th e stoppi ng di stance woul d be 28 fee t less fo r ve hid es trave lin g 25 s pe r ho ur. versus 30 mile s per hour. We arc under no illu sio n, he said , 1ha1 peopl e will begi n 10 dri ve 25 mil es per hour au1 mntica ll y.J usl by changin g thi s law or by pulli ng up so me speed limi1 sig ns, but we be li eve tha t our ci ti zens h:ivc spo ken and I hat th is is th e rig ht thing to do . Thi s wa s a 11 gh1 year fo r the bud ge t, he noted . and we did n't put any noncy in the bud get 10 acco mpl ish 1he sig nin t effo rt. but th e Pu bli c Works Depanmenl is willing 10 tr y 10 absorb 1hcse cos1s in ou r bud ge t, by tryi ng 10 reduce some costs in so me olh er area s. for a bare bones sign in g effo rt . Th al would. basica ll y, enta il pun ing up entry signs on our cu l\ec 1ors and our artc.:ria ls ann ouncin g 10 1he peop le who come into our Ci1 y that tl.e speed limil is 25 mil es pc; hour. un k ss otherw ise posted. and then si gnin g a few of our reside ntial loc al s1rec 1s !h at have hnd a speeding pro blem in th e pa:,1. If yo u have Jny que stio ns I wo uld be happy 10 try 10 an swe r them. he sai d. Mayo r Brad shaw :i skcd if Co uncil ha d any questi ons fo r Mr. Ross . Counc il Me mber Garret t said I tho ught. al the begi nning of thi s disc uss ion, that Public Works di d not have a posi tion on th is par1ic ul ar i1em. Dircc 1or Ross aid in the ve ry ea rl y part of the disc ussio n. bu t I thi nk once we fi nish{;d the Tran spo na1ion Study and li s1encd In the people, we basica ll y boug ht in10 th e idea thal. wit h those fa ctors th a1 I lis ted. it would be n good thi ng 10 do. Counci l Membe r Garrett said yo u so ught so me inpu t from Safe ty Services on their position on th i. iss ue and thei r cn fo rcemc n1 concerns . Ci1y Man age r Scars said I ca n·1 re spo nd . I kn ow tha t the y were pre sent at all 1he Transpo rta tio n meeti ngs and I know th at 1hcy have expressed their conce rn . I think their conce rn ha s bee n that 1hey arc limited wi th manpowe r m tenns of their enforcement capabil it ies . But. he noled. at those mee tings they exp ressed thtll they wo ul d proceed 10 enfo rce the law in \\.ha 1evcr way th.: City Counci l feel s i prudent. • • • • • • Englewood Cit:,• Co uncil Dcccrnbcr 16 , 2002 Page IS ~foyor Brndshnw said plu s we gave 1hem an extra traffic officer . Council Member Garrett noted we pushed back on th at issue in S1udy Sess ions as 10 whether 1hcy actua ll y cou ld do enhanced traffi c enforcement Mayor Brnd shaw sa id I think 1hcy need 10. Coun cil Member G.irrc tt s.1 id that is my major conce rn wilh th is punicular ordina nce , 1hat it is tine ... we ca n make ii tcn ... but if th ey never enforce ii, it really doe sn't maner . And I ha ve heard, he sa id , 1ha1 it is an enforce ml!nt issue , more 1han n speed limit iss ue. Director Ross said I think that is the other lhin g we have to recog nize , that thi s bare bones approac h isn't going to exactly mnkc life easy for enforcement and prosecuti on, because eve rybody that ge ls a ticket is going to 1ry 10 go with th e defen se th at "I didn't sec a sig n, I came in a different way" ... so it is rea ll y going to put a burde n on that part of our organizati on. Bui . he noted . beca use of the bud get situati on. we thought we would do th is in 3 piece mea l fa shi on and slow ly work to gellin g sig nagc on all the streets . But agai n, as Co undl Member Garre ll expressed. putting up th e sig ns is n't goi ng 10 change the way people ririve, it is only through the enforcemcn 1 efforts 1ha1 we arc rea ll y going to change be havi or. City Man ngc r Sc:irs said I woul d also like 10 add that through the di sc uss ion s th ere have been , a1 lens 1 in many of th ose sessions. co nce rns ex pressed by police office rs and also by managemenl, in terms of o ur ability . from a manpower viewpoint. 10 enforce this type of speed ing is sue. But. he noted, I don't see that thnl is overridi ng. That is a conce rn we curren tl y ha ve wi th manpowe r, wi1h our ex isling speed limits. But I ca n tell yo u. from a staff v~i:.wpo int , we arc folly behind proceeding wi th the 25 mil e an hour enforceme nt. I think . as Mr . Ross says. we may have 10 tak e a look at ma ybe ir.::,easing our signagc when the budget permits us 10 do th al. Bui, he said. I don'1 feel at all th nl there 1s any feeling in our Safety Services Dcpartmcn 1 that we are nol going to be ab le to proceed and effective ly enforce it once th e law is cha nged . Co uncil Member Garrett said I don't know if ot her Co unci l member s arc inte res ted in th is. b•Jt one of the th ing ha ve asked for is 10 hav e the traffic !railer out that co ll ects data and l have reque sted that some of 1ha1 data be on Huron , which we have had complaints about The trai ler has bee n on the north end. cl ose 10 Quin cy. and also on 1he so uth e nd, closer 10 Belleview , I dun'! kn ow wheth er th at data is avai labl e or not, he said. hut it would be of intere st as we go forwa rd. Ci ty Manager Scars sai d abso lut ely. we wi ll provide tha t. Direct or Ru ss said I du11·1 know abou t th e 1raffic trai ler da1:1 . but we have co ll ected a fair amount of data as we ll . that we can m~1 kc avai la ble 10 you . Co un cil rvlcmbcr Garrell said I 1hough1 the trailer wa s be ing used to address spec ifi c co mplaints we have n:ceiv cd ... th :11 th :1t \\10S the purpose of it. Co uncil Member Moore said, on thi s. yo u have excluded a few street s from the 25 mile an hour limit. bnscd on whet her or not th ey have 3.000 ve hi cles per day. 1n panicu lar. he said , I wou ld lik e 10 que st ion Floyd. For in stan ce. !he secti on going by Roman ·s Po.rk ... does that sectio n of th e road meet 1h is criteria ? For any gi ven rond. is it an all or nothing determinati on between 30 and 25? Director Ross sa id basica ll y tha1 wa s our determinati on. We did our Traffic S1udy, whi ch indica1ed in br oud term s whal o ur s1ree1 sys1cm wou ld cons ist of ... our hierarchy of streets, which arc anerial s. coll ecm rs ... and in m:my ca ses Floyd ac 1s as a coll ect or street. Englewood Cll y Co uncil Dece mber 16, 2002 Pu ge 16 Co uncil Member Moore snid o ne co ncern 1hat I hn ve here is chDngi ng 1he speed limit to 25 miles nn hour in that arc3 . Doc s 1hut 1hen push addilional traffic onto Floyd? Doe s 1ha1 pu sh additiona l traffic th roug h th al residentin l pa rk area? Dirc c1or Ross said our traffic co nsulrnnts indica1cd 1hat un1il yo u get int o rea ll y seve re traffi c ca lming techniques. such as always slop or the speed bumps instead of hump s and goi ng out and j ust really tryi ng to ge t into the foce of dri ve rs, 1ha1 mos t drivers. when asked to slow down by five mil es an hour , arc not goi ng 10 divert from th e ro ut e, that they have predetermined, lhe y wnnt to go , There is a certain amo unt of lcnkagt.: that ca n occ ur , obviously. of pe ople sayi ng "well , I can go 30 mil es an hour on thi s street, ve rsus 25 ." But. he noted, if it is rea ll y out of their way, they are not going to diven out of th eir way . Council M~mber Wolosyn said Floyd is in my neig hbo rh ood also . and I would say people reall y do ge t on Floyd br.:Juse th ey wa nt to go down 10 th at Bro adway light Thal is what I ha ve obse rved. Ma yor Bradshaw said there is a sc hoo l th ere, also. Ma yor Brads hu w asked what is Counc il 's ple asure at th is poi nt . She asked if th ere were any oi her ques tio ns of Dircc 1or Ross. Cou ncil Member Moo re sai d I have another qucs1ion, but it is no1 nece ssari ly for Mr. Ross. Just 10 1hrow 1he idea ou1 . he sa id, we cou ld di scuss whether or n01 we want to l>cgi n more aggressive enforcement. Do we want to consider add i1i onal traffic offi ce rs 10 improve enforcement and better enforcement llf o ur ex is1ing laws. versu s cha nging thi s? It is another lactic 10 weigh. ! think '"hat we are hearing is th at th is app ro:ic h has so me value, but ii is. very mu ch, qu es tionab le va lue. especia ll y if we don't enfo rce it. I feel lik e \''C haven't reall y had a hard conve rsa ti on abo ut whe th er we shou ld in vest th e fund s in additio nal traffi c officers. I think we ha ve received data , which ind ica te s 1ha1 , al leas t fo r some addi 1io no..l amo unt , we co uld increase the number of officers with offse 1s for th e tickets. Maybe . he sa id, we cou ld go wi lh o ne or two mort.: office rs and still not crcalc an addi1io nal financial hardship on th e Ci ty. Mayor Br :dshaw said I 1hink the people we need to answer th ose kinds of questi ons are n ·1 here . Direct or Ross said 1ha1 prob lem is rea ll y goi ng 10 be a difficull one to add ress wi lh just one or two officers . We have 83 ce nt erl ine mi les of loca l s1rcc 1s in our Cit y, he soid, and we o nl y have 120 ce nt erline mile s 101:1 I. The v:1s 1 maj ority of ou r City is loca l slrec ts. I don'1 kn ow what kind of sa turati on you wou ld need 10 acc omp li sh thi s. 10 reall y dri ve thi s thing home, bu! as far as the ac tual speedi ng problem on local residential streets , we really don'1 see a 101 of ti cke ts iss ued at th e pre se nt time, along 1hose streets. Now granted, on a typi ca l loca l street yo u are goi ng 10 have 300 vehicles a day and if yo u are goi ng to assign an officer 10 a panicu b r loca l slrecl to enfo rce thi s. he is go in g to be sining there a long lime before he gets 10 wri te a ti cke t on most occasio ns. Council Member Garrell said we have been infor med by th e Director of Safety Se rvices th at they dep loy th e cnfon.:emen t fun cti on more as ii relate s 10 accident rall·s. So you arc n01 goi ng 10 see enfo rcemen t on loca l s1ret.:t s, he said, as yo u ha ve \'cry few 11ccide n1 s that orc ur there. So. as th e Director s1a1ed. th ey \lcp loy th e reso urce s efficie ntl y. Mr . Garre ll poi nt ed o ut tht:t 1h01 ca uses so me iss ues fo r Co un cil . beca use we hn\'e 10 dt·al wil h differe nt types of issue s. n01 just efficiency. ncce 3~aril y. Cit y Manager Sea rs noted th at Safety Se rvi ce Dire ctor Olson had an emerge ncy 1oni gh1. Bu i despite th at, he said. we will be happy 10 respo nd 10 1hese questions . We can provide informa ti on in a S1 ud y Session. if Counci l \\Ould like 1h 01. We could addre ss , from Safet y Sen ices view po int . their manpower and thei r method ology of enforcement. Ma yo r BrJd shaw asked if th al wo uld be the Stud y Sessio n on the 6th or the 13th • • • • • • • Englewood City Council December 16, 2002 Page 17 Cit y Manager Sca rs said l ,·cause of th e holidays, I would suggest the 13th • In response to Co unci l Membe r Wolosyn, Cit y Auorney Brotz man stat ed thi s it em was on fir st readin g. Mayo r Brallshaw sn id what we can do is dea l with th is it em on first readin g, if Co un cil wa nts to, hove th e Stud y Session on the 13111 and bring ii bac k on the 20th for seco nd read in g. She as ked if th 111 was fair . Docs th at wo rk ? Co unc il Me mbe r Ga rrell sa id I know Safety Se rvic es wo uld like to co ntinu e with th eir edu cati on progra m and use a more co mmun ity fri endl y way of addre ss in g so me of these iss ues . He poi nt ed out th at Co unci l has bee n hammered a lot ove r the speedin g iss ue . Ma yo r Br adshaw sa id th e sur vey said that and it has come up at every mee ting we 've had . Co unci l Member Yurchick said I think a lot of th e peopl e speedi ng through the ne ighbo rh oods arc not the citi zen s. Th ey are peopl e commutin g thro ugh the Ci ty. On our street. on Fox Street . they co me down Oxfo rd . and Fox is th e fir st street they hit to head down 10ward s downtown Englewood. He noted ii is not th e peo pl e who li ve on 1ha1 strec1, it's the people coming through town. One thi ng I would like 10 loo k int o. he sa id , is the cost of a ph oto radar gun . Wh al wo uld th t1t cos 1 us, as a mea ns of en fo rce ment . versus police offic ers? Mayor Brad shaw sa id on, li ke Danmou1h and th ose places? Mr . Yurchic k said anywhcre ... po r1abl e va ns a nd whate ve r we wnnl to look at. Ma yo r 13radshaw said we will be .':ddrcss ing the whole en for cement iss ue on the 13th of January. She asked if so meone would like to move tk ite n 10 put it on th e table . Co uncil M\•mbe r Moo re sa id l wo ul d pe rso nall y prefer to co ntinu e fi rs t reading until after the Study Sess ion. Ma yo r Brads haw sa id oka y. She J•ki:J if that was Council 's pl eas ure? Cou ncil conc urred. Ma yo r Brad shaw sai d th en th is ""on·1 co me bac k up un1il th e 20'h of Janu ary, after th e Stud y Sess ion on th e 13". 1 fayor Brads haw th anked Di rec tor Ross. [Clerk's note: Council Bill No. 85 wa s continued to the January 21, 2003 City Council Meeling.] (b) .l\pprova l of Ordi nances on Seco nd Readin g There we re no additi onal ite ms sub mill ed fo r app rova l on seco nd readi ng. (Sc: Agenda Ite m IO • Co nse nt Agc ndn.) (c) Reso luti ons and Moti ons (i) Di rec 1or Kahm and Direc tor Simp.~n prese nt ed a recom mend ati on fro m the Englewood Enviro nme nt al Found atio n 10 adopt a re so luti on sup po rting the proposed de ve lop me nt agree ment bc 1ween the Englewood Env ironmen tal Found atio n and Dcvel onme nt Solu tio ns Group , LLC fo r rcdcve lopmenl of the fo rmer Ci1 y Ha ll property at 3400 Sou th Eln ti S1ree t. Direc tor Kahm sa id Direc tor Si mpso n :md 1 are here 1his even in g rep rese n1 ing EEF and as king fo r Co unci l's sup po rt of three rcso:u1i ons . Englewood C il y Council Dcc•mbc r 16, 2002 Poge 18 Direc tor Kahm sa id Age nd a hem 11 (c) (i) is a recommendati on fro m EEF. We are as king for Co unc il's sup po n of EEF in goi ng forward with a de ve lopmen1 agreement wit h Devel opment Solut ions Gro up. J..LC for the redcvel opmcn1 of 1hc former Ci 1y I fall site nt 3400 Sou1h Elnti Street. On December 2•, he sra d, Co uncil passed a mo1ion support ing us mo,1ing forwa rd . Since Inst Friday we have been working ba.;k and forth wi1h 1heir lega l counse l. on a purchase and sa le agreement. Ou r final draft went to their nnorn!)' thi s uflernoon. they arc red lining ii and we are hoping to have a doc um ent that will be exec uted so metime tomorrow. So. he no1ed, it ha s been going very we ll. COUNC IL MEM BER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 103, SER IES OF 2002. RESOLUT ION NO . 103. SER IES OF 2002 A RESOLUTION SUPPORTING THE PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE ENGLEWOOD ENV IR ONMENTAL FOUNDATION (EEF) AND DEVELOPMENT SOLUT IONS GROUP. LLC (DSG) FOR REDEVELOPMENT OF THE FORMER CITY HALL PROPERTY AT 3400 SOUTH ELAT I STREET. Ma yo r Brad shaw asked if there were any questions or discus sio n. Counci l Member Wolosy n sa id I have a questi on. Under the Development Covenants sec ri on, on page 2 of the deal shee t, ii just says "D. The owner shall devel op a medical office and ancilla ry services focili1y with related retail spuce." It does n't say anything about building hei ght at all. I know, she said, 1he reason we we re going 10 include the strip in 1he deal was if it was a three Slory wi th so much occupancy and thi s doesn'I specify ,my stories. so I was so rt of surprised. ls th a1 goi ng to be an iss ue ? Is that some thing tha1 is still open? Direclor Simpson sa id it is still ope n. The deal provides for Development Soluti ons to co me forward and develop the medical office faci lit y. They are looki ng 10 deve lop be tween 40 ,(K)(} and 60,(X)() square fee t. he said. They definitely have adequate int eres t 10 develop th e 40.000 and they are working during the due di li gence period to increase th eir capac ity to 60.000. If the y can achieve 1ha1. !hat will in..:rea sc the heig ht of the building on that parcel 10 thre e stories. If not. it will remain at two stories. Co uncil Member Wolos yn said in my opi nion ii is nol rem ai ning it is reverting . Because what we talked about was three stories. I am going to support it. she sai d, because I would like 10 see some devel opment co me in10 1he Ci1y. but it wi ll be wit h so me reservations. Director Simpso n sa id I am sorry 1hat was mi sundcrslood . What this particular deve lopment deal sheet provides for is price. timing and use. Ms . Wolosy n th an ked Mr. Simpso n. Mayor Brad shaw asked if th ere were any other que sti ons. There were none . Vo le results: Moti on c:1rr icd, Ayes : Council Members Nab holz. Moore. Garrell, Wolosyn, Yurchick. Grazu lis , Bradshaw Nays : None (ii) Dircc1 or Kahm and Direc tor Simpson presented a rec ommenda1 ion from the Engl e,\.'000 Environmemal Founda1io n 10 ad opt a resolution supporting a non-exclusive in gress/egre ss easement agreemen1 with Situ s Enterpri ses 10 accon•,nodate the nc:w ali gnment of Englewood Parkwa y. • • • • • • Eng le wood Clly Cou ncil December 16, 2002 Page 19 Director Kahm sa id thi s is so me house kee ping for EEF. Appro xim:uely 1wo nnd a half years ago, the City wt nl fo rw11rd and acquired propcn y fo r the Engle wood Parkwa y extension. In do in g that we purchased ~nrec parcels fr om Situ s Enlerpri ses and we purcha se d 1hc print shop. At that time . as a conditi on of th ose purc hases. we agreed to provide Situs with an ingre ss/egress easr:menl 10 connect them with the new Park way . We have been unable 10 do thn l up to thi s point in time, he said , becau se just tonig ht, we dedicat ed 1hc right-of-way for the Parkway. So now thi s ca seme nt has so me pub li c right -of-way that it hoo ks up 10. Thi s ease men1 docs connect the Situs property parkin g lot, but it will al so se rve as an acc ess po int from 1hc rede ve lopment project at 3400 South Elati. COUNC IL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) -RESOLUTIO N NO. 104, SERIES OF 1002. RESOL UTI ON NO. 104. SERI ES OF 2002 A RESOL UTION SUPPORTI NG TH E ENGL EWOOD ENVIRONMENT AL FOUNDATION 'S GRAN TING OF A NONEXCLUSIVE INGRESS-EGRESS EASEME NT OVER AND ACROSS A PORTION OF THE FORMER CITY HALL PROPERTY AT 3400 S. ELAT I STREET FOR ACCESS TO THE SITUS ENTERPRIS ES PROPERTY LOCATED ON THE SOUTH SIDE OF THE ENGLEWOOD PARKWAY IMMEDIATELY EAST OF THE FORM ER CITY HALL PROPERTY . Ma yo r Brad sha w asked if th ere were an y qu esti ons or di sc ussion. There was none . Vote results : Mot ion carried . Ayes: Na ys: Co uncil Member s Nabho lz, Moo re, Garrett , Wo losyn. Yurchick, Graz uli s, Brad shaw None (iii ) Dire ctor Kahm and Dircc mr Simp so n pre sented a reco mmend .:ni on from th e Englewood Envi ronmental Fo undati on to ad opt a reso luti on supporting a non -exclu sive ingress/e gress easemen l agreement on the north side of th e En glewood Parkwa y across from th e fo rmer Ci ty Hall build ing . Direc tor Kahm said thi s is additi ona l hi:.t.1sc kct"pin g. As the En gle wood Parkway wa s constructed ii bisected th e original 34 00 So uth El al; prope rt y and creat ed a strip of pro pert y approx imat ely 60 feet rt h and so uth. th at se p:irated the new P~.kwa.y propert y from 1he old Girard Ave nue and the pu bli c accc s 10 Kim co·s pro perl y. th e Ph :2 r-M or pn•p~ny. At thi s tim e. he said . we are asking that you sup po rt an case ment that gi ves a non-cxclusivr. in g1~~s/cgress ease ment to Kimco so lhat they ha ve acc ess . once again . 10 the new Parkw 1y pro pert y. COUNC IL MEMBER IVOLOSYN MOVED, AND IT WAS SECONDED, TO APPROV E AGENDA ITEM 11 (c) (Iii) -RESOLUTION NO. 105, SER\ ES OF 2002. RESOL UTIO r, NO . 105. SER IES OF 2002 A RES OL UTION SUPPORTING THE ENGL EWOOD ENV IRONM EK r AL FOUNDAT1.)N'S GRAN TING OF A NONEXCLUSIV E INGRE SS -EGR ESS EASEMENT OV ER AND ACROSS A PORT ION OF TH E FORM ER CITY HALL PROPERTY AT 3400 S. ELAT I STR EioT FOR ACCES S TO THE PROPERTY LOC ATED ON THE NO RTH SIDE OF THE ENGLEWOOD PARKW AY ACROSS FROM THE FO kMER CITY HALL BUILDING . Mayor Brads h:iw as ked if there we re an y other q ue sti ons for sta ff. There we re !lone . Englewood Clly Cou ncil December t 61 2002 Poge 20 Vole re1,ults: Moli on carried. ,\)'CS : Co uncil Members Nabho lz. Moo re , Garrett. Wol osy n, Yurchick, Grazu\is, Brad shaw Nays : None Direc1or Kohm !h anked Co uncil . (iv) Senior Planner Graham presented a recommendatio n from the Co mmunity Devel opmenl Depnnmen t 10 approve . by moti on. a Profe ssio nal Ser vices Co ntrac t with Vi rginia Str.:ele for hi s1oric and cultura l pre se rvati on ac.·tivi1ies . Senior Plar,ner Graham sa id Ms. Steele would manage a se ries of hi storic a nd cu llural related i1cm s through 1he next year . Thi s would incluJe the Jubilee plan s for the Ci ty's Ce mcnnial. so me house keeping meas ures on th e Skerrill Honse a nd the Eng lewood Depot, po tentiall y. nnd a cultura l re so urces in.,.cntory fo r the sou th ponion of Broadway. Ma yor Brad shaw asked if there were any questi ons fo r Mr. Gra ham . Council Member Grazulis asked if these propcnies we re j ust those so uth of Kenyon. Mr . Gra ham rep Pcd the final item in vo lves properti es just sou th of Kenyo n ... to identify propenics that are approxim:uely 50 yea rs old . Mr. Graham sa id th ere was one item I did forge t 10 menti on. Thi s o:.;o includ es so me assistance wilh an ord · nancc fo r landmark pre se rvati on and to identify criteria fo r identifying whic h propert ies may be signifi ca nt hi storica ll y. Ms. Gr::rz uli s sa id the se arc commercial ,ro pcnies. Mr. Graham answered , yes, commercial properties . Council Membe r Grnzuli s asked if he had :111 y1hing planned ft r residential. as there are qui te a few old home s in that area. Mr. Graham said th e surve y. at this lime. is limited 10 Broadwa y and it is being done in conjunction with re visi 1ing th e 1997 South Broadway Ac1ion Pl an. so th al we have a heads-up on which propc n ics ma y be signifi c:1111 and effect deci sions re garding Broadway . Mayor Bradshaw said ma ybe n future thing cou ld be resi dential. bu1 probably we need 10 ge t Broadway invent or .... d fi rst. COUNC IL MEMIIER GRAZULIS MOVED, AND IT WAS SECON DED, TO AP PRO VE AGENDA ITEM 11 (c) (;.,)·A PROFESSIONAL SE RVICES CONT RACT WITH VIRGINIA STEELE FOR HI STO RI C AND CU LTURAL l'RESERVA TION ACTIVITIES. Mayor Brad shaw asked if !h ere wa s :rny 01her di sc uss ion . There wns none . Vote resu lts: Motio n c:1rried . Ayes : Council Members Nabholz, Moo re . Garrett . Wolosyn, Yurch ic k. Grazulis, Bradshaw Nays: None (v} Se ni or Planner S1i tt prese nted ::i reco mm end ati on from the Communi ty Dc \'clop mcnt Dcpartmcnl 10 approve. by motio n, n Profess ional ervices Co ntra ct wi1 h Le land Co nsuhin g • • • • • Englewood Cll y Cou ncil December 16 , 2002 Pu ge 21 Group fo r Engle wood/Oxford Ui;ht Rail Suui on Stu die s. Thi s is a co ntra ct, he sa id , 1ha1 is under th e ausp ices or th e He ri 1agc Pl ann ing Gran t th at 1hc C11J received lns 1 yea r to do so me specific pl annin g arou nd th e 1wo light rail s101ions in Englewood. th e Eng lewood S1ati on adj ace nt to 1his buildin g and th e Oxfo rd Sta1i on. The contrac t amount is in the area of S:-iS.000.00 , of whic h $3 1.000 .00 is from the Grant and :1ddi1i onal fond s arc bu dge ted in the Comrr unit y De ve lopmen t budget fo r 2002. COUNCIL MEM IIER NABHOLZ MOV1::U, AND IT WAS 5ECONDED, TO APPROVE AGENDA ITEM 11 (cl (v) -A PROFESSIONAL SERVICES CONTRACT WITH LELAND CONSUL TING GROUP f'OR ENG LEW OOD/OXFOR D LIGHT RAIL STATION STUDIES. Ma yor Bradshaw asked if there was any di sc uss ion or questi ons. There ,,.ere none. Vo te resu lts: Moti on carried . Ayes: Co uncil Members Nabh olz, Moo re. Garrett . Wolosyn, Yurchick, Grazu li s, Brad shaw Nays : None Mayor Brad shaw th anked Mr. Stitt fo r bein g so patic111. I app recia te i i , she sai d. (vi) Senior Plann er Grah am present ed a recommendati on fr om the Com munit y De -.•d opmen 1 Department to ap prove. by moti on, a Pro fe ss ional Services Co ntrac t wi 1h Lela nd Co nsulting Group 10 c!e v.:lop a South Broadway Corridor Plan . He said thi s is also a contract with Leland Consult ing Gro up 10 provide rec omm endatio ns for Sou1h Broa dway . The co ntra c1 is an c;.;ten sio n of th e 2000 Market An alysis, nnd . us previ ously ment ioned. another loo k a1 the 1997 So uth Broadway Ac tion Plan . Thi s proposa l. he sa id, wo uld invo lve a se ri es of mee ti ngs with s1ak eholder-J, such as busin esses. and deve lop so me marketin g ma1eri al fo r Broadway . Ma yor Brad shaw said th is is the whole Broadway corr ido r. Mr . Graham sa id il is rocuscd on the so uth po nion of th e corndor. so uth of Kenyo n to Be llev iew .. we ll , all the wny to 1hc Cil y limit s. Mayor Brad shaw 1hankcd Mr. Gra ham. COUNC IL MEMBER GRAZU LIS MOVED, AND IT WAS SECONDl::D, TO APPRO VE AGEJ'IDA ITEM 11 (c) (,•I) -A PROFESSIONAL SERVICES CONT RACT WITH LELAND CONSULT ING GROUP TO DEVELOP A PROFESSIONAL SE RVIC ES CONTRACT WITH LELAND CONSU L TING GRO UP TO DE\'ELOP A SOUT H BRO,\OWA Y CORRlnOR PLAN . Moti on ca rri ed. Ayes: Co unci l Mem bers Nab holz. Moore , Garrell. Wolosyn, Yurchic k, Gra zul is. Brad~haw Nays: 'one 12. Ge nera l Di scussion ( a) Mayor's Choice (i) Mayor Bra dshaw sa id she was confu :;ed about th e contact perso n wiih R.TO . Now we have a new pcrson ... Se ni or Manage r of Service Dc ve lop mcnl. Wha t is thi s. she asked Mr. Scars . Englewood City Council December 16, 2002 Pogc 22 City Manager Sears said we we re su rprised 10 see 1hat come in 100 . We don't really know thi s Jeff Becke r, we have n ·1 had ,:my real rel ationship with him. We maintained a rclali c;nship with Liz Rao and Liz has always bee n ve ry re sponsive and we anticipate !hat that will continue . M:iy•J r Brad shaw asked if this wa s in respon se 10 the bus stop issue . City Manager Sca rs replied th at he believed that they annuall y appoi nt a perso n to act as a li3i so n. They ha ve asked for our liai son a nd last yea r we appc,i nted Mike Flaherty. I think from our staff vi ewpoi nt . we will con1inue 10 uavc Mr . Flah ert y as the poin t person from the Cit y staff. Mayor Brad shaw said , oka y, it wa s ju st co nfu sing t nd I wasn't sure what was going on .... like a bait/ witch. Ci1y Mnn ager Scars said ii wa s n01 a perso nal lcuer. I 1hink ii wn s so mewhat of a fo rm leuer. Mayor Brad haw sa id ii looked iike a form lcner. (ii ) M3 yor Brad shaw said al so. we received thi s m .110 fr om Gary Sca rs with an auached leuer from RTD reque sting that letters of sup pon be sent to U.S. Senators, Representatives for the Sou th east Corridor Multi -Modal project, now known as Tran sportation Exp 3nsion Project, or T-REX . Whal is Council's plc:isure on 1hat7 Counci l Member Yurchick said he lhrew his away. Counci l Member G!lrreu sai d he wou ld like 10 defer judgment on that un1il a later point maybe in Jnm:ary . Coum·il Member Grazuli s said she co nc urred wi 1h 1h nt. Mayor Brad shaw said we will bring that back. (iii ) Mayor Bradsh aw sai d she rece ive d a letter from Ed Scott , and so me of you might know thi s. but at the January 6dl meeting we will be announ ci ng the Ci tizens of 1he Century no minee s. Ed Scolt wan1 s 10 address us on another iss ue and I wo uld just like 10 ha ve Ed Scott notified that he is on Sc heduled Vi sitors for th at night . since he wi ll be here anywa y. That wa y, he won'1 have to make 1wo trips for differe nt rea so ns . (iv) Ma yo r Brad shaw said th e Homela nd Securil y 1h ing 1hnt came through the Nat ional Lea gue of Cities , abo ut the fonding for fir st responde rs promi sed a yea r ago . ha sn't made it yet. didn't kno w if we wa nted to se nd a lener . City Mao ager Sc:i rs said th e Coun ci l pre viously said to proc red to do 1ha1. Ma yor Brad shaw said 1his is some thin g el se. this cam e back aga in . Cit y Manager Sears said as I und erstand i1. th e lclle r wa s prepared to go and then ':ongres•; 100 k th at over. Ma yor Brad shaw said they look the acti on. Mayo r Brad shaw said what they need 10 do is se nd us money, let's go ahead and ask for funding . Ci1 y Ma na ge r Stars sai d oka y. (vl Ma yo r Brod shaw sai d I wa nt to wi sh yo u all a ve ry Merry Christm as. II ha s bee n an ho nor serving wi1h yo u thi s last year. she sa id . and I look forward to 2003 . We ha ve acco mp lished • • • • • • Englewood Ci ty Council December 16, 2002 Page 23 a lot. if yu u rea ll y w11n 1 to 1t1 kc a loo k at 1hc agendas . I ha ve never see n an agenda where th e seco nd meeting i n December had thi s many items on it So yo u arc 10 be co mm end ed fo r wo rkin g so hard up 10 th e las t minule . Staffa lso ... tha nk you . (b) Co unc il Members' Choice (i) Coun cil Member Grazulis sa id I just want 10 say Ha ppy Holid ays 10 eve ryo ne . (ii ) Co un cil Member Yurchi ck said Happy Holida ys. (iii ) Co uncil Member Wolosy n sa id Happy Holidays. Happ y New Years. Th ere is a fairly good chance I won't be here fo r the Janu ary 6tti meeting . she sai d, I'm pro ba bly goi ng to request th at 1he packet be Fed X 'd 10 me. There are thin gs go ing on bac k east and I may be gone. (iv) Council Member Garren: I. He said we too k public te stimony toni ght on the definiti on of ho usehold and how many peo pl e ca n be in a household . At thi s lime , he sni d, I wo uld like to make a mori on. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO AM END TITLE 16, WNING REGULATIONS, TITLE 9 OF THE HOUSING REGULATIONS ANr, THE 1997 UNIFORM BUILDING CODE, SECTION 207-F, PERTAINING TO THE DEFINITION OF FA~IILY/HOUSEHOLD AS FOLLOWS: FAMILY/HOUSEHOLD , ONE OR MORE PERSONS RELATED BY BLOOD, MARRIAGE, ADOPTION OR LEGAL GUARDIANSHIP, I ,CLUDING FOSTER CHILDREN, LI YING TOGETl'ER IN A DWELLING UNIT OR TWO UNRELATED PERSONS AND THEIR CHILDREN LIVING TOGETHER IN A DWELLING UN IT· (COUNC IL BILL NO . 62). ORDINA NCE NO . 65. SE RTES OF 2002 (COUNC IL BILL NO. 62) AN ORDINAN CE AMEND ING TITLE 8, CHAPTER 24. SECT !ON 2. SPECIFIC MODIFICATION S; TITLE 9, CHAPTE R I, SECTION 4. DEFINITIONS . AN D TITLE 16. CHAPTER 8, SECT IO N I, DEFINITIONS. OF THE ENGLEWOOD MUNICIPAL CODE 2000. REGARDING THE DEFIN ITI ON OF "HOU SE HOLD ." Mayor Brad shaw asked ir th ere wa s a ny di sc uss ion. Co uncil Member Moore s: id 1here nre a couple questions I'd like 10 ask. How docs lhi s app ly? Ir we were 10 pa s 1h is ame ndment. how dors it appl y to existing si1ua1ions 1h01 wo uld be in violati on or 1he oi:w dcfini1i on'! The seco nd qu es tion I have is. if 1he desire is to ii avc an impact on 1he rc nrnl situations. is it starrs opini on 1hat a lim it or three, wo uld be . at least in a liule more deference to the Plannin g and Zoning Commissio n. How we ll wo uld ii address so me of lhc co ncern s our citizens ha ve rai sed? Ma yo r 8r:1d shaw said Ci ly Anomey Brotzman wo uld answe r th e firs t o ne. Cit y Att orney Bro tzman sai d there is no grandfa ther dause on th is . Th at mea ns it beco mes effecti ve after th e referendum period . Now. in all hone sty. we wil l probab ly sit dow n wi th the pcop lc ... rcmembcr. enfo rl'emc nt or this is by compl aint onl y. So !hen, we \'1ill si l down with those people . If th ey had a lease th at end s. we will loo k to that da te as the date to terminat e th eir rel ationship in tha t iss ue. Ownership iss ue s become o liulc bi l more difficult and we will handle those on a case-by-case bas is . Mr . Fruclul smi d. rega rdin g th e s1arrs pos iti on on th is . when th is was origi nall y prcsc li ed to s111ff from the City Co un cil. th ere were two object iv es . The fir s! o bjec1ivc wa s to make thin gs more un iform throughout Englewood Cily Council December 16, 2002 Poge 24 th e zo ning ord inance. To bri ng unifo rm ity , no t only 10 the zo nin g ordinance, bu: !ilso to the build ing code, so that when peo pl e do ha ve th e abilily 10 go o u1 and enfo rce it. it's int erp reted 1he same throughout all codes. The sec ond obj ec tive was 10 cre ate consis1cncy wit hin the metropo litan area. Sta ff be li eves th a1 the moti on we ha ve presen ted 10 yo u. 1hc rcco mm cnd uti n· of 1wo . will acco mpl is h bes t sai d, th e goal s that were pre sent ed by Ci ty Counc il. Council Member Grazuli s sa id I j ust wa nt 10 give r,:y ..,p.n: ./1 t'm th inki ng th at I still respec t Plann ing and Zo ning Commi ssio n's output on this . Of th e three, 11h1," 8 " too many, 2 is too few. I think it is too res tric tive . We are still co ming up with unknown situ ntions and th at I have a pro bl em with. I guess it is j us1 one mo re thin g ... th a1 I do n't wa nt govern me nt to be that res lri c1ive . Th at's all I have to say. Mayor Brad shaw as ked if the re were any oth er s1a1cmen1 s. Mayo r Brad shaw said she th ought 1wo was fine and will sup pon ii as wri uen. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL MEMBER GARRETT'S MOTION TO ACCOMMODATE THREE, AS OPPOSED TO TWO. Mayor Brad shaw asked if there was any more di sc uss ion. Mr . Yurch ic k aske d arc we vo tin g on th e amen dment now. Mayor Bradshaw sa id yes , we arc voting on the amendment 10 change it 10 three. Vole results on the amendment: Ayes: Co unci l Members Nabholz . Moore, Grazuli s Nays: Co unci l Mem bers Garrett , Wolosyn, Yurchi ck, Bradshaw M lio n defea ted . Vote r esults on motion to o ppro,·e Ordinonce No . 65 (Council Bill No . 62): Mofr:.,n carried . Ayes: Counci l Membe rs Nabholz. Moore, Ga rrett , Wolosyn, Yurc hick. Brad shaw Nays: Co unci l Membe r Graz ul is Mayo r Bradshaw noted 1ha1 was a to ugh decisio n. 2. Mr. Ga rren sai d someo ne may have to fil l me in on his tory. One th ing I do adm ire abo ut this Counc il. he said. is th al we do have an ope n mike po li cy durin g our Co uncil mci:c1ings . The las1 thin g I th ink I wou ld like it to become is a fir st amendment so apbox fo r anybody who is not a ci ti ze n of Englewood. Tonight we had quit e a fe w peop le come thro ugh th a1 weren "t citizens of Englewood , and I thi nk i: is a fo rum fo r our ci 1i zc ns to co me forward wit h their iss ues and conce rn s. No t th at I would wa nt to stifl e anyone fro m prese nt ing to us,· ,e sai d, but whether we wan t to co nsi der havi ng a time lim it, th a1 is differcnl fo r our citize ns ve rsus peo ple who are not from Englewood. Mayo r Brads haw sai d I th ink we need 10 look at th at. I thi nk th is was the res ult of a conferen ce in De nver and tha t is why we were inunda ted this eve nin g. Co uncil Membe r Ga rrell sai d th is wo.s th e seco nd time 1hi s iss ue has bee n brought before us. Mayor Brad shaw asked if Counc il is going to de:! with that iss ue? That is ano 1her is sue 100 . • • • • • • Englewood Cil y Co uncil December 16, 2002 Puge 25 Co unc il Membe r \V olosy n so id I don't agree with Mr . Garre ll . I di dn 't agree with 1hc pos it io ns and I d'i r 't uppreci 111 c 1hc lim e bei ng tnkcn ... bu t it is 1hc price we pay fo r li vin ~ in thi s countr y. There arc lcgi timatr. groups. wh o don't lh1c here and 1hcy come and speak in a rcspccl ful way . so I ca n'! den y them. Mr . Ga rrett sai d 1hcrc arc two thing s. One . I d1.:I nol say we wou ld s1i nc . Ms . Wolosyn sai d ... yo u said we would limit their time. Co unci l Membe r Ga rrell noted tha t in th e City a nd Co unt y ofDem•cr, yo u ca nnot spe ak . He po imed out th at !1's nol u ri ght of thi s co untr y that yo u ge t 10 speak at eve ry fo rum . Mayor Bradshaw sa id ... so what do you wan t? Do you wa nt 10 look at th at: do yo u wa 1• :o let it go the way it is? Wh at is Council 's pleas ure? Co uncil Member Graz ul is said I wi ll look al ii. but I agree with Ms. Wolosy n. Council Membe r Nabho lz sa id she agreed whh Mr. Garre!!. ll took qui1e a bil or lime 1onig h1 . Mo.yor Brnd sho.w '-ai d. ye s. it too k 2 minutes . Co unci l Membe r Moo re sa id he ngrced 10 look al it further . Ma yor Bradshaw sa id we co uld gel so me infor m:ui on about how olhcr co mmun ities nre doi ng it a nd talk 10 CML. Cou nc il Member Garrell suggcs1ed we see if th ere arc any lega l iss ues . Ma yo r Drnds haw sa id lei;al iss ues ... likc th e fir st :1mcndmc n1. City Att orne y Br011.ma n said we wil l coo rdina1e those. (v) Co unci l Member Moore : I. He sa id fo ll ow in g on th e speec h issue. I wo uld ju I like to ask if there is any chance 1hat it wo uld be beneficia l fo r s1affto. perhaps. co nsult wit h Mr . Norm an 10 find ou t if there is a way th at hi s r ~ds ca n be mc l with out repea led visits 10 Counci l. He has been in frcn t or us th e last fo ur or five sess ions, he said , 10 th e ex ten t th ere might be a more cffcc uvc way fo r him to air hi s views. I'd j ust like 10 throw it o ur for co nsi dera1ion . Mayor Brads haw su id she th ought as long as he is n co nstitu ent. .. nnd he is a resident...he has a ri ght 10 speak. Thu r is my opi ni on. she snid . I don·1 know abo ut 1hc rest or yo u, bul ii is part of the jo b. Mr. Moo re aid he did n01 suggest cha nge to our procedu res. ot her than perhap s the stllff may. mo.ybe there is a different way . 2. l·lc sai d Happy Holid ays 10 everyo ne and I hope yo u ha•1e a ve·y Happy New Year. (vi) Co unci l Member Nabholz: I. She said I wil l be re al quick . t ha ve had three co mplaints again w11h Rad io Di sney ove r th e phone lines and spea ker lines. I c urrcnll y have fiv e filt ers on my phone. A yea r and a half ago . she sa id, when I spoke: wi th 1hem. th ey ca me out and put an other filler on, whi ch made it six filler s. They sa id a lot of limes. when the b:ickground mu sic ge ts rea ll y hi gh, th at th al is when they use th ei r sa tellite lo boos t th eir power. T hi s one gentlema n. his busi ness is at 3070 South Lip~,. sa id ii is reall y affecting hi s busin ess. I know it affec 1s my comput er and fo x mac 1 • :-.he sai d. I need 10 find t.ut who the co nt ac t perso n wo uld Engl•wood City Council December 16, 2002 Pug• 26 be. becu use I know 1hey have been very good to the Parks and Rccrc nli on Department . 1 do n't .vn nt to step on any mes. bu1 at the sa me time I WI\OI 10 get thi s taken care of. Ci ty Manage r Scars asked if they had co ntnc led her direc tl y for th e niters. Counc il Membe r Nabh olz sa id when it beca me so b:i d, the y perrn nall y came oul, the Gen eral Manager gave me th e fill ers and showed me how to use th em inside t'.1e house. plu s QW ES T pur two on the ou1side box. bu1 QWEST will nm get in vo lved in it , 1h01 I do know. 2. She said she thought the Counc il should send a curd o f rnndo lcnce and so me fl owers to Mary Whit e on th e death of :,er fath er lasl week . I think he is kind of havin g a la ugh time righ i now . 3. She sai d the gra ffit i on Amoco is still there. 1 know loday is the l b"'. 1hc dn}' its s1,pposcd 10 be off. so we'll see co me midni ght, I guess . 4. Sh e sai d I wa nt 10 say 1hnnk yo ..i 10 Mr. Mund s for all he docs for us . _a\. c had M>me se ri ous dent al wor k done, but he 's still out working. We a pprccia ti: lhnl , she said. you de. u 101. so th ank yo u. 5. She sa id I wo uld like to iuk c n look at !he Wind shi eld Doc ror. He docs nol pul wind shie lds in . He does littl e ho les, with in. I th ink. a 3-inch radiu s. The n. if it is bigger th an 1h1u, he gives yo u a cnrd with n di sco un1 to Empire Gla ss. So, he is receiving a co mmis sion off that. I don't know if that is a legal use or not, or if it is a pc rmincd use . I just want us 10 1ake a loo k at that. 6. 13. Sh e ai d I wis h everyone a Happ y Holiday and look forw ard 10 serving with nil of you nex 1 year. City J\bnugcr's Report (a) Cit y Manager Scars said I was at th e Recreati on Center today and the con structi on is goi ng al ong very well . I reall y appreci ate wh at Di rector Bl ac k and Direc tor Kahm arc doing, and Gary Hultberg . The y are really making ii happen and I think it is goin g to be a great projec t over th ere . We will keep the Counci l pos ted as th e co nstruction moves ahead. (b) Ci ty Mana ge r Scars sa id it is a tough time lo menti on thi s, bu! I do want 10 say we are reall y la ~i.,I?. a look at our buri~ft si tuati on. I've appo inted Mr. Flahert y. and he is go ing to put together a co uple of dc:1 1 "t mcnt dire ctors to re vie w as many alt ernati ves as we can fo r our bud get . as we go into nex 1 yea r. and ,,e pl an to co mt bac k 10 the Co uncil in late Janu ary wilh the updated Stat us from our department on whal ahcrnat ives we need to tak e a loo k at goin g into earl y ne xt ye ar fo r bud ge t. I don't sec any rea l sig ns out the re ... we have not seen an y real signs that we have turned th e corner from a bud ge tary vi ew po int We reall y. sincerel y. need to monitor thi s and follow th ro ugh with th at. In that ve in , he said, we have ex tend ed 1hc tim e fo r the implementati on of the pay fo r perfo rman ce compo nenl of 1he pay pl an unt il April I". al th e ea rli est. We ha ve notifi ed empl oyees as we prese nted th e pa y plan info rm l li nn 10 them, so th at we can tak e a bc ncr look at our finan cia l situat io n. So far , I would say empl oyees ha ve been understand ing and rece pti ve to 1hat si tuati on. I just wan1ed to let yo u kno w th at. that is for emost in our 1hough1 s ... th31 we need to continue to monitor our finan ces. (c) Cit y Manager Sears said I al so wanted 10 note, that again, we really do ha ve a lot of grea t peo ple that s1ep up to the pl ate . Friday night Director Bl ac k in fo rmed me abot11 an individu al that had foll en in th e Recreati on Center while working out in th e early evening. You hav e a memo in th at reg ard, he sai d. Th e pe rso n who was at the desk, with the train ing 1hnt she had ... and she "'as a yo un g pe rso n ... reall y jum ped in1 0 it Sh e was 11 little shaken up and we are working with her on th at. Th e Fire Departmcn1 was con tac ted and fro m our la1 cs t infor matio n. it loo ks like that person is go in g to be able 10 make it , due to her quick efforts . We will co nvey congra tul ati ons 10 her, he said. • • • • Englewood City Council Decembe r 16 , 2002 Page 27 Mayo r Brads ha w sugges ted Co uncil se nd a lcucr to th a1 person and ha ve all of us sign it. Mr . Scars agrecJ that wo uld ht! outst andin g. Mayor Bra ds haw said she thought it wo uld be II good idea. (dJ Cil y Mana ger Sears sa id he wished ever yo ne a Happy ~:oJiday. 14. Clly Allorney 's Report (a) City Att orney Brotz man sai d Happ y Holid ay's and I look fo rw nrd to seei ng you ne xt year. 15 . Adjournment DSHA W MOVED TO ADJOURN . The meeting adjourned at 9:32 p.m .