Loading...
HomeMy WebLinkAbout2001-01-08 (Regular) Meeting MinutesENGLEWOOD CITY COUNCIL ENGLEWOOD. ARAPAHOE COUNTY, COWR.UIO R11alarSnolot1 January 8, 2001 I. CIII to Order The regular meeting of the Englewood Cil)I Counci l was called lo order b ,, Bums al 7:48 p.m. 2. lnvoadon The invocation was given by Mayor Burns . 3. Pledp or Allecianee The Pl edge of Allegiance was led by Mayor Bums . 4. RollC11l Present: A quorum was present. Al~ Presen1 : 5. Mlnutts Council Members Grazulis, Gam:n. Br-.sh>v., IVolos)'tl. Yurchick, Bums Council Member Nabholz I " Cil)I Manager Scm Cil)I Attorney Brotzman Depul)I Cil)I Clerk Cude Senior Planner Graham. Community Development {a) COliNCIL MEMBER WOLOSVN MOVED. AND IT WAS SECONDED, TC) APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETh'<G OF DECEMBER 18. 2000. Ayes : Nays : Absent : The morion carried. 6. Scheduled Visitors There were no scheduled \-isitor:s . 7. UnscbtduJed \'isilors Co1D1Cil Members Gam:n. Bradshaw. Wolo•'YI~ Yurchick Grazulis, Bums None Council Memi>er Na bhol z (a) Lester ~lyers, 4195 So uth Clarkson Street. wished Council a happy new year. commcmmg mar we have a nice fac ility here now , He opined that the police protection in his area has been bcncr since the last timt be visited with Couocil. bur there are still some prob leim . A lot of it is still with Code Enforcement, he said. adding !hat tbcrc a.re more Code Lllforccment Officers in the neighborhood En1lcwood City Cow1cil January 8, 2001 Page 2 than <here arc po lic e officers . He and ,evcral of the ncigbbon that he 111kcd to feel they art being hansscd by the Code Enforcement Officc:s, be said, just for parking vio!.uons . He fth they bad a bencr job to ·lo thim thal. like snow on the sideHalks and trees blocking the sidewalks, which he thought were more involved wi 1h code enforcemem than tomcone who is cigbrecn feet from 1hc si dewalk . Mr. Myers said he was ci1ed 11 couple of weeks ago because the y said he was too close 10th: sidewalk. when there isn't even a sidewalk there , a crosswalk there, he corrected. In fact, you can 't even cross 1he street there bctause there is a fence on the other side . When he spoke 10 an otliccr about it, he wus told he had to be twmry feet back . Mr . Myers told the officer he thought that wns supposed 10 be from the curb, and the officer said oo, from thi: inside of the sidL·walk . Mr. Myers said he was ci&hteen feet, six inches. so he felt thar was ,bcing a little bit pick y to get cited for a park ing viola1ion of this nature. when 1herc arc a lot of things out there he felt they should be doing a better job on. with the rrees and the sidewalks . There arc several sidewalks. he said. that still have snow on them and have not been shoveled . which is \'Cry dany rous, especially for the mail carriers . He said he is related to one and they get mjured quite often from •. ,ling on the 1cc. There lrc severa l c:irs in the neighborhood 1ha1 ha\'e nil t !ires. so i1 is qune obvio us they ha ve not been mo,·cd for a period of time. There is one that 1s e\'en ktnd of comical , he said . Every ume he goes by, it has an uel sining undemi:ath of it at ill1 angle and you can tell the car has not been moved for a couple of years . He said he has been a native of Colorado all t-Js life, and in Englewood for about six years oow. and be has had more htruss mcnt and problems with code enforcement here in the last si x years than in his entire lifetime before. He said he would like to sec les:; code enforcement and better police protection. especially in the evenings they ha•·c a lot of problems on Clarkson with traffic. There arc several tccnaged kids who like to hotrod up and down the street. Mr. Myers said he has seen them drag racing seven! rimes, and unfonunately he has not been able to get out of bed fast enough to get out there to get a license pla:e number. He said he has mentioned this to several police officers and they have been bcnn at patrolling the area late at night, but he fe lt there sull could be more patrolling in the area . He fell the money would be bcncr spent <'n police protection than on code enforcement. Mr. Myers said SC\'Cral of his ncighbo'5 asked him to voice th eir opinions for them He said he had been on a city council several years ago. and a concerned ci tizens' group . He felt he might have 10 get a little more involved and said he would like to know who his CoW1cil r'"'presentatin is . Council Member Grazulis said it might be her. Council Member Bradshaw sa id there arc also three at- large counc1l members here . 100. who represent hurt Mr. Myers said he plans to get a linlc more invoh'cd . Ma yor Bums s:iid there would be board and commission interviews a1 the end of the month. and we would ce nai nl y be happy 10 have him. Council Member Bradsh:iw rn ggestcd 1he Code Enforccmen1 AJvisory Commincc . Mr. Myers said he was involved with lhe Neighborhood Watch Program. as were several of his neighbors. Ther ha\'C 1heir signs posted and it has helped . but the y sull have had so me broken wmdo"s and an over- abundant supply of e~gs in the nei gh borhood. as we keep getting splanered wilh egg s. It has gonen bcncr in the last couple of years. he allowed. It has been a couple of years since he has spoken to Counci l he said. but ii is starting to get a linle bit worse again. :md e~,ecia lly la te at night between lcn and rA-'O in the morning, there is an awful lot of traffic and kids drag racir.g up and down Cla rkson . He said he hi::i not see n 100 many police office~ late at ni ght and would like to see the mone y spcn1 more for thal type of deal. Mr . Myers said he took Council's suggesti on a 1·ouple of years ago when they spoke aboul his contacti ng Officer Na ncy Peterson about Neigh borhood Watch . Unfomma1cl y, it is hard 10 get thr:-neighbors involved in it. he said . Not 100 man y oflhcm want 10 come 10 1he meetings , in fa ct he fried to get three or four of them to come 10 the meeti ng 1omght with him . He said he would like 10 ,;ct together with Cou.,cal some time . sci up an appointmenl to ge1 more acquainted with 1he gro up . He 1hankcd Council fo r the ir ume . Mayor Burns 1hnnkcd him for comi..'lg. sa.1d ii was good 10 sec him again . and thanl,:ed him for his efforts . (b) Mayor Bums said no one el-c wns signed up Iv speak. but he noliced a gentkman in the audi ence who was concerned about the Urban Renewal Arca and the study at General Iron Works . He said if he would like 10 come forward 10 speak tn Council , he would be happy to have him do so . • Bnalewoo, <:ity Council January 8, • 00 I Paw, 3 Marvin Hall s111d he owns a piece of propcny at 2800 South Elau S1rce1 . which 1s close to the General Iron Work.s furun, urban r<n<wal proj«1. H< said he ased th< question las1 time aboul how the Cil)I of Englewood could acquire ownership and then tum ir over to a private developer to develop tha1 cigbl or nine :i.cres on the south end in the neighborhood of Bates . Council Member Bradshaw stated that we arc 001 acquiring ownership. Mayor Bums said, initially, RTD is going to acquire ownership of the site, DL1d 1hcn they arc goir.g to transfer it Mr. Hall said it wu hiJ understanding that Englewood would end up dcvch_,~:ng the eight or nine i.-:rcs on the south end , He uked if that was cortcct. Mayor Burns said yes, cx11clly . Mr . Hall asked if l!ial wu wful.t Mark Graham said. Mayor Bums said that is right. Council Member Bradshaw u.id the City will. ?ut it is a private developer . Mr. Hall said, in any case. r.mmcnt domain is apparenlly being used to acquire some of this property . Mayor Bums said ii is being us <d by RTD ini1ially 10 acquir< lhe prop<rty. H< said be lhouat,1 it was 1 negotiated sale al this point, which is what they arc trying to do lhere . Mayor Bun.! said RTD has a very strong eminent domain sranne. stronger than lhe one lhe Cily of Englewood has . Mr . Hall said he did no1 think there was a probl<m with lhe use of eminen1 domain by RTD 10 acquire that prop<rty for a public facility , which their mainlenan« facility would be. H< said it se<ms to him that there is a problem if eminent domain is used to acquire any property, which is taken from a private owner and rumed over to a developer 10 redevelop for pri,·ate use , He said he nked the q-JCStion last rime bow tbe state law tha1 you ci1ed allows you 10 iden1ify propenies as blighted llnd 1hen use eminent domain to acquire them. and could be used to violate the portion of the Fifth Amendment to the U ,S, Cons1inuion that says .. nor shall private property be taken for public use without just compensauon ." II does not say that it can be taken for private use, it is only for public use. Mr. Hall felt there was a conflic1 that needed to be resolv<d . C0W1cil Member Bradshaw said, currendy RTD is doing negotiations, but if thry acquire the property and find L'ial th<y do not n<ed 10 US< all ofth< prop<ny th•• they have acquir,d, lh<y do have the righl 10 sell ii. Mr, Hall said ii is n01 really an open market situation if you acquire it without a competitive situation , Ms . Bradshaw said we are 1101 acquiring the propmy, RTD has the propmy . Mr. Hall asked if RTD is going 10 do the dc,·elopment. Ms . Bradshaw said, if RTD wanted to , they could . Mr. Hall said :1 is the same thing . Ms . Bradshaw said she was not going to mince words , we cannot get in10 that Mr. Hall asked if she was 1elhng him that state law could override the U.S. Consunuion . Ms . Bradshaw said no. she was telling him lha1 RTD has the righ1 of <min<nl dom■in, if they chaos, 10 US< it Mr. Hill said for public use. Ms . Bradshaw said for public use . Mr. Hall said and onl y for public use . Ms . Bradshaw said "but. .. ". Mr . Hall said there are no buts in the Const tution . Ms . 11radshaw said ifhe were the expen, she would let it go . Mr. Hall said be lea.med to read in Englewood schools . Ma yor Bwns suggested he talk to the City Anome y about 1his. Wr:. can sit and di scuss 1his all night, he said , bul actually the Colorado Constitution bc;us on this . too. as much or more than the U.S. Constitution doc s. There is a whole legal argumcJJt 1hat goes along ' with this that )'OU can talk to the City Anomey about but we nre nol prepared to hash 1his out ma public rme1ing . ~r. H:J II said he assumed that Council would be m1er cs ted 1ftherc was a problem. be ca use the y were going to rule on this thing . Mayor Bums said yes , we ha ve the blight srud y up for second reading tonight Mr. Hall said he just wanted 10 bring it up agam . Mayo r Bwns sai d he was also going to ask Bob Sunpson 10 address so me of the othr:.r issues he talked about. sucb as getting copies of lh.i.ngs that pertnn 10 this stud y, so the peop le m the ne1g~borhood who arc effected by it can have a record . ~r. Hall said the y were in the do.rk, and felt there should have been some handouts before the meet ing last ti me . Englewood Ci1y Council January 8. 200 I Page 4 8. Communications. Prod1m1Uon1 and Appoln1men1s (a) A proclamation declaring the year of 2001 as The "Buckle Up, Ever:Time" Year wu considered. Mayor Bwm said lids has 10 do wilh buckling up in your car and 1n1ffic sa · ·1y. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO PROCLAIM THE YEAR OF 2001 THE "BUCKLE UP, EVERY TIM£" YEAR IN THE CITY OF ENGLEWOOD. Ayes: Council Members Gamn, BBdshaw, Wolosyn, Yun:hick Grazulis , Bums Nays: None Absent: Council Member Nabholz The motion co.med . 9. Public Hearin& No public Maring was scheduled before Council. 10. Consent A&•nda COUNCIL MEMBER GARRETT MOVED. AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I) AND (II) AND 10 (c) (I), (II) AND (Iii). (a) Approval of Ordinances on First Reading COUNCIL BILL NO . 2. INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF AN INTER GOVERNMENT AL GRANT FROM THE COLORADO HISTORICAL SOCIETY , A STATE AGENCY. TO FUND A HISTORICAL STRUCTURE ASSESSMENT OF THE ENGLEWOOD SANTA FE DEPOT LOCATED AT WEST DARTMOUTH AND SOUTH GALAPAOO STREETS . ii. COUNCIL Bill NO. I. fNTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "U.S. DEPARTM';NT OF THE INTERIOR U.S. GEOLOGICAL SURVEY ;:)INT FUNDING AGREEMENT FOP. WATER RESOURCES INVESTIGATIONS ." (b) Approval of Ordinances on Second Rending There were no addition;,' ordinances sub11Uttcd for .appro,·al on second rc.:iding . (Se c Agcndo. Item 11 - Regul ar Agenda .) (c) Re so lutions and Motioru (i) RESOLUTION ~O . I. SERIES OF 200 1 A RESOLUTION DESIGNATING THE BULLEIT.\' BOARD ON THE 1ST FLOOR NORTi! ENTRY LOBBY OF THE ENGLEWOOD CIVIC CENTER ; ; THE OFFICIAL POSTfNG PLAC:E FOR ALL LEGAL NOTICES OF THE CITY OF ENGLEWOOD FOR 2001. (ii) A CONTRACT TO REDESIGN THE XL'Y.8FP. l'OJ.::t GREEN AT ENGLEWOOD GOLF COURSE, AW ARD ED TO LEISURE TNE ASSOC IA TES . INC . IN THE AMOL~ OF $30,524 .33 . • • Bnalewood City Council /,inwy 8, 200 I Paae 5 (iii) ru~.CHASE 0' FIFrEEN NEW PATROL CARS, THROUGH THE STATE BID PROCESS , Fr:OM LAKEWOOD ~O RDLAND . IN THE AMOUNT OF $418,948 .50 . Vole ft,IJUS : Ayes: Nays: Absent: The motion carried. 11. Rcaular Agenda Council Members Garren, Bradshaw, Wol osyn, Yurthick Grazulis, Surra None Co uncil Member Nabholz (a) Approval ofOrdiru1nccs on First Readin g There were no additional ordinances submitted for approval on first reading. (See Agenda Item 10- Consent Agenda .) (b) Approval of Ordinances on Second Reading (i) Council considered an ordinance approving the Englewood Urban Renewal Authority District Plan. Mayor Burns said thi s is wha1 we have just been talkins about wilh regard to the General Iron Works site. Senior P1anncr Grsham said he would just like to reinforce the presentation fror1 the public hearing. We arc asking for 3 fin ding of bl ight, and we are asking that Co uncil crea1e an urba .tnewal area . The pri mary reason for that is ii would pennil the Urban Renewal Authority to 1ake ownership of a ponion of land expected to be conveyed from RID . The secondary reasons are that ii could create some revenue s1rcams to pa y for upgradin~ 1he infras tru ctu re and rcmtdi11.1mg environment.ii co nraminauon and other things that were idenrified as deficiencies in the condi1ions survey. He requested a finding of approval on the ordinance. COUNCIL MEMBER BRADSHAW ~IOVED . AND IT WAS SECONDED, TO APPROVE AGENDA ITE~I 11 (b) (I) -COUNCIL BILL NO. 94 ON SECurm READING. ORDINANCE :SO . I, SERJES OF 2001 (COUNCIL BILL NO . 94-2000/200 1, fNTRODUCED BY COUNC IL ME:. 'BER BRAD SHAW) AN ORDINANCE TO CONSIDER THE COND ITIO NS SURVEY AND THE ENGLEWOOD INDUSTRIA L RED EVE LOPME NT PLAN IN ORDER TO APPROVE AN URBAN RENEW Al PLAN FOR TH E AREA DESCRIBED THEREfN . Vole results: Ayes: Nays : Absent: The mouon c;arricd . C.vuncil Members Garren. Bradshaw, Wolosyn. Yurchick Grazulis. Burns None Co un ci l Member Nc:bholz (c) Rcsolu1ions and Mo11ons There were no additional rcsolu nons and motions submi tt ed for approval. (See Agenda hem 10 -Consent A~•nda .) 1 ~. General Disc ussio n Englewood City Council January 8, 200 I Page6 (a) Mayor's Choice I. Mayor Bums said he would provide more material from his attendance al the National League of Ci1ics program concerning c-Go\'emmcnt. He sai d he would have II shon repon. but mainly he would be handing our things that he acquired there that would be of interest to Council. (b) Council Members · Choice (i) Co uncil Member Bradsha w: I. She sai d they rec eived a loner ,bou1 1h, leftove rs from the old ci1y hall , from Hank Long . She fell they needed to ans wc: that. Ci ty MiUUlger Sears said Mr . long as ked him about that earlier, but he wanted 10 pu1 ii off until next Tuesday night. ~Is. Bradshaw suggested they try to locate them out here in the anteroom or in the Communi ty Room. She asked Council to think about that so the y could get back. to Mr. Long . Mr. Scan said if Council wants to talk about tluu tonight it would be fine . but thou ght it might be best for Mr. Long to be presenl when it is discussed . Ms . Bradshaw sa id okay. Mr. Scars said he would bring that back next Tuesday night for d~ussion. 2. She said she had 11n intere sting c:ill fr om one of the l11dies in the Englewood Republi ca n Women 's Club. She recalled that Council Memb<rs Wolosyn, Garren. Nabholz and herself had spoken 10 them a coup le of years l@O, Shr. said 1he caller was very concerned about the lack of tenants in our development here . M, ~dshaw said she gave her John Loss ' phone nwnber and 1old her 10 call him and fi nd out what tenants he had, since we didn't know, and he seems to be the one who knows . M:iyor Bwns asked about the starus of our co mmunication with Mr. Loss . City Manager Scars said he tried to get a hold of him last week . but he did not rcrum the call . He said he would have an update with him 1omorrow morning . Mr . Scars said he would let Council know, in hi s report on Thursday, what the sta.rus of the tenants is . He said he knows they are still ta.I.king to Borders Books , aud they will potenlially be meeting with them on January 12iti, so that may be coming back to Cowacil. He said he co uld not tell them the sta.rus of any of the other specific tena nts. but would gc 1 back tc them on that. Milyor Bum s said Mr. Loss has not be en do\\11 to sec Co unci l for a while. He wondered if it was about time to get an updiltc . City Manager Scars sa id . if the y would like him to come next Tuesday, that would be fine . Co unci l Member Garrett sai d he was here in December. Counci l Member Bradshaw sa id her co ncern is. if they arc behind schedule . let's gl!t tha1 in fo rmat ion :md get it out so peop le know wha1 is going on. If Office Dcpo1 1s coming in , let 's jus1 sa y whe re n 1s go mg to Ix: and gcr 1ha 1 publid ty out. She re cognized that Trammel Crow tS wo rking vc-:y quickly , and w.: ha ve another n·eetmg on 1he An Wa ll a11he end of this month . Her concern was that 1his is an agrccmc nl that we signed. and some of u~ did not wa n! lo dea l wi th Mill er, ilnd because oflhe time crunch and because of co mmnments from previous counc il s. we :uc still dealing wi th Miller . She said she is \'Cry glad they do not ha,·c the optio n on Phase 2. Ms . Br11dshnw said she is ve ry concerned tha1 we need 10 light a fire und er them. Le i us know what is going ou, get those 1cn11n1 s ou1 here. whc1her it is 1hc ones they ha \'c always had m 1hcir hi p pocket or no!, but let's get the info rmau on ou1 10 the publi c. she s1rcsscd . Mayor Bums said he would like to mc>w mnr,: abo ut the Baily's building . They have been ready to go for qu ite ii while and he said he does m,t understand why we ha\'cn 't gone n plans on that. We have a pmential re staura nt across from Chuck E. Chee se's that we keep hea ring about. M.iyor Burns said he has seen the lease sining on Rick Kahm ·s desk and he though1 lha1 IA~S abou1 10 be sig 1cd. He said he kno ws they hav e been worki ng diligently on some parking iss ues o,·cr there . but fell the y had been reso lved . Also . if 1h1.y • • EnaJewood Ciry Council 11111111)' 8, 200 I Paa• 7 have a pennil to Stan the foundation on the Plua for the retail on the south side, they c.aht U> aet movina, he said. Council Member Bradshaw said, if they m not going ro get moving, let us know that, too . The penalties stort foiling in April , anyway , City Manager Scars said he \\rouid try 10 set Mr. Loss here on Tuesday, and if not, they will at least have a full report for Council. Council Member Bradshaw said ii was no1 his problem. but Mr. loss needs 10 know that Council e"pects communication . Mr . Sears said the public is dcmar.di ng to know w~t is going on. 3. Council Member Bradshaw wished everyo ne a Happy Ne,, Year and said she hopes it is a good year for C\'eryone . (ii} Council Member Wolosyn said she hopes we never see the computer monitors again . She said she is jus1 as happy to look up 01 the big wall screen . Council Member Gam:tt agreed, He said he can actually sec people on the other end . Ms . Wolosyn said she feels like she is 1nn of the community now. Council Member Bradshaw said don't p.1Jt them back, we will look at it up there . Ms . Wolosyn said she won't feel likt" the)' arc ignoring people when they are all looking at the screens . Council Member Bradshaw said save the money. City Manager Si..J.rs said okay, that will sav,: us some money, and we'll do that. 13 . City M1011er 's Report Cit/ Manager Sears had no maners to discus !,. 14 . City Atlorney's Reporl City Attorney Brotzman had no ma tters to di!l:uss. 15. Adjournmenl ~IAYOR BURNS MOVED TO ADJOUR.'-. The meeting wos •djourned 018:IO p.m .