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HomeMy WebLinkAbout2000-06-05 (Regular) Meeting Minutes• ENGLEWOOD CITY COUNCIL EN GLEWOf '>, ARAPAHOE COUNTY, COLORADO R .... lar Session Jun< S, 2000 I. Call lo Order The regular mec1ing of the Ent le wood City Counci l was called to order by Mayor Bwns at 7 .48 p.m. 2. ln'1ocatlon The in vocatio n w:is given by Mayor Burns . 3. Pledge of Allqlance The Pledge of Allegiance was led by Ma yo r Bums . 4. Roll Call Prese nt: A~sent: A r,oo rum w:is present Also Present : 5. MlnJtes Cou nci l Members Grai.u\is. Bradshaw , Wolosyn, Yurchick . Bums Council Members Nabholz. Garren City M:magcr Sears City Attorney Brotzm:in Deputy City Clerk Castle Planner Langon. Community Developme nt Direc tor Ross. Public Works Director Gryglcwicz , Administrati ve Services Division Chief Moore . Safety Services /. .s istant Cit y Allorncy Reid (:.) The minutes of the re gul ar Ci ty Council meetin g of May 15 . ?000 were considered . Council Member Grazulis asked !hilt the spelling of "'hippy" be chauged to "hippi e" on page one . ltem6 (a). COUNCIL MEMBER BRADSH,\ W MOVED, AND IT WAS SECONDED, TO APPROVE THE Ml!IIUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY I S, 2000 AS CORRECTED. Ayes: Co unc il Members Wolos yrj. Yurchick . Grazulis. Bums Nays : No ne Abstain : Council Member Bradshaw Absent: Counci l Members Nabholz . Garrett The mouon ca.rried . 6. Schtdultd Visitors There were no scheduled visitors . • • Englewood City Council lune 5, 2000 Page 2 7. Unscheduled Visitors (a) Harold Cclva, Executive Director of the Englewood Downtown Development Authority, 333 West Hampden Ave nue , addr•.:ssed Coun ci l regarding the Tri-P:irty Agreements, between EDDA. Englewood Urban Rene wal Authority and th e City of Eng lewood. The most recent addition to thi s 11grcemcn1, parts of which we are still ne got iating. he advised, suggest s that it was reque sted by Englewood City Council. He sa id he was I.ere ICJ 1i~h1 to appeal 10 Council to take a ~ec.:ond loo k at the phrase "until !h!..!mk}. the City Co uncil shall ha ve the right 10 approve all tcn:1111s and other occupnnts of the property, which approval shall not be unreaso nabl y withheld.'' Mr. Cclva sai d thi s was in reference to the de vel opment p.:r..:cl on the nortn end of the property. He sa id he would like to get thi s into the private secto r. Mllyo r Burns said he , .>u ld just like 10 clarify tha1 ii was the: Acoma Street parking lot thul he was talking about Mr. Ce lva said that was co rrect Mr. Cel va said the y fell. for a private de velope r 10 come in and take thi s propcny with a re striction of that type on ii, might not be the best approach . Part of our concept, he said. is 10 request from tl1e private sec tor a bu llding that is . perhap s, of greater subst.:ance th an might ordinarily be put on th is property . Thin~ of the rualurc that the buildi-,g needs to ha.ve parking on si te and we would like to sec a two-s tory building . We arc proposing that. eventually, the building be turned over. free of cost . for <le vclo pmcnt. in order to sub si dize it and provide an inccn1ive to provide us with these other benefits to the community. We fee! that the one phrase , that the Ci ty Council shal ' l\'C the right 10 approve tenant s for a private developer is horri bl y ren:ictive. Council has eitisting legisla ti on, like Colorado aeviscd Statutes 31 -25-808. for instance. The v:tluc C'lf the property that is 10 be so ld need" ''l be determined by EDDA and Co unc il. Our app ro:ic h in the future , we would like 10 think . is lo work very d ose ly with Council, with Community Development, and with :iny :ind all :igencics in the City. But . once :igain, putting :1 covenant of thi ~ nature in and restri cting the private sector in that fashi on might be pushing it a linle bit too far. He thanked Council for listening, :ind sa id he would look forwa rd to a reply. Council Member Yw chick sai d he was the one who b,ought up th is iss ue , and hi s concern is not so much the City controlling that land . But it is located :1lr .;,g Englewood Parb:ay there, and it is a gateway to the new CityCcntcr . He fell we should be cautious 01 what happens in the development alo ng that strip of pro perty. Whether the Cily ha s fin al ap,,roval is not the issue, he s:ii d. it is making sure it fit s the big picture . Co un cil Member Wolosyn asked if 1ha1 co ul d Le done through design issues. rat her than covena nt iss ues. City Anomcy Bro tzman said we borrowed the lan guage fr~. n 1he Miller Weingarten deve lop ment agreement , and as Mr . Loss is go in g to be as king us 1.;i :ipprovc lcnants toni ght , we kept th at same procedure fo r the cc.mer prope rty on the Aco m:1 Su·tr~ parking . We can certainly wo rk wit h EDDA stafl . City staff, and EURA s1aff, he said, to work ou t rn me resolut io n on th:H. Mayor Bums said he does not know th:11 we have 10 be 100 heavy-handed about it, bul h'! felt Council Member Yurchick made a good point aho ut m:ik ing sure th is blends in with th e overall plan . We need 10 e:nph asizc wor king toget her . Coun cil Member Wolosy n fell that was :is much of a desig n iss ue . even more probabl y, than a tenant issue. With Mil ler \Veinganen it is 15,000 plus square feet. and she did not know that any of these pl.ices wo uld be that big . Cou.ic il Member Brad shaw said Miller Wemganen was 7 ,OCX) square feet . Mayor Bums sai d Ms. Wolosyn made a good po int He sai d if Mr. Ce lv:i unde,stand s that we really want to coopcr:ue on this , that is the t-c,;:r way of approaching 1t. • • Englewood City Council June 5, 2000 Page 3 (b) Bill Mulnix, 3280 South Galapngo Streel, sai d he was here regarding lhe nonh side or lhe new CilyCcntcr. He requested that the brick wall be a continuous solid wall without an opening at the comer of Floyd and Galapago Street. He said he was told the rtason there had to be an opening was for fire tmcks and emergency equipment. The ncighlx s, especially the people in the comer houses , arc going to be so ciosc to the traffic that it could be unbearable , The fire trucks could Ulke Cherokee over to Eastman, and then go west on Eastman to take care of 111! the properties in that area. He fell ii would 001 make more than th ree minutes difference . He said he hopes something can be done about that. (c) Don Leadabrand. 3281 South Galapago Street, sai d he live s one door away from the comer. He asked about 1hc proposed traffic flow for Floyd Avenue on the so uth side of the bri ck wall. There w.1s .1 letter 1h111 was plnced door -10-door 1oday, he snid. and lilere was no mention of what the tn1.ffic flow was to be. only when West Floyd Avenue will be finished. He asked if anyone knows what the intended traffic fl ow is. City Manager Se.irs said there arc a lot of things happeni ng ove r there , and he recalled that Mr . Lcadabrand had been in touch with Rick Kahm. Mr. Kahm gave Mr. Scars a copy of1hc lett.cr rcg11rding the Floyd closure, which he gave to Council. Publi c Works Dircclor Ross might be the best pern>n 10 address the question, he advised . A lot of ii rela1r-~ 10 RTD requirements. so me of relates to the W ll-Mnrt requirem .•nts, he said. and that is the reason for the sound walls on both sides of Floyd ,-~venue . But 10 specificall y answer his question, Mr. Scars said he would have to defer to either Mr. Kahm or Mr. Ross . He sai d there was a meeting pl.inned :11 Bi sho p Elcm enlru )' School on June 15•, from 5:30 to 7:30 p.m. Mr. Lc:idabr:.nd said 1hc lcuer he had ,Ticnlioned that, but he fell 1he sttcct would be almost completed by that time . He :1skcd if that was for bus llow. Mr. Scars 1espondcd that the primary purpose is for bus flow fr, &o to the CityCcntcr. In fact, the co ncrete is there, the s.iw tooth for busscs to be parked is there . so the primary function of Floyd is for bus tr.ivcl back and forth 10 Broadway. Mr . Lcadabrand said he was in agreement with Mr . Mulnix, who owns property across the street from him . He said Mr. Mulnix spoke against an openi ng because busses arc going to be traveling through there. He said he is a little hard of hearing. so the n1Jisc will not affect him too much . but the diesel soot sure wi:I. He said he heard there would be four nundred busses a d:ay on that road. Ci ty Manager Sears said the plan is 10 h:ivc fou r hundred a day on Floyd Ave nue , and that is the rc.1SOn for th~ wall . Mr. Leadabrand sai d he bought his property in 1959, li ved through lhe loss of 11 ci ty pllrk, livcd through the cons1ruc1io n of Cinderella City . its dcs1ruc1ion, and now !his. He said this is goi ng 10 be worse for him th11n any of the ~ther was . Four hundred busscs is 11 lot of busscs, he said. Mayor Burns said he has driven down this area sever.ii times in 1he last couple of weeks. because he was concerned about it. As he looked at the wall. '!Ven lasl weekend, he had so me of these very same questions. Is there enough of a buffer there. he asked. Th:tt is :a lot or busscs. and we: have talked about the space there for bicycles, and that son of thing, so that is a pretty cramped space, he opined . He said he is wondering how this is going lo worl; out, because the wall is not that tall . He said he has had concerns abou1 it. and would like to ha ve staff address this some more . Mayor Bums said he has driven up and do\\ n each street several times and looked at it , and he has some real concerns about how thi s is designed and how much it is goi ng to affect the neighborhood, especia ll y the houses that arc right on the street. right ne.-tt to it. The gentJema n is right, he said. ii is a lot of bus~s . (d) Evelyn Haged orn said her daughler. Grclchen, lives at 3290 South Galapago Street. Because she works during the day ii is hard for her to work with 1hc J)C('ple about what is happening there, she said . Ms. Hagedorn said she has talked with Dave Henderso n 11nd some other people from lhe project . several times, and this is the first they have heard of the four hundred busscs . She sai d she hopes Council will seriously co nsider so me 11ction about that, because her daughter is right on lhe comer of Galapago and • Englewood City Council June 5, 2000 Page4 Floyd, and this i•1 going to be within a few feet of her back door, :.nd by the time you go the six feet up to her fence line u'l 1hc right-of.way, they can come and eat in her lcitchen with her. It is going 10 be a very, very difficult thing for some of those people right al ng Floyd, she said, and the four hullllrcd busses will pro\ide a l01 of dirt and noise . She repealed that she hopes Cc,uncil will seriously think about that Mayor Burns s.1id he saw one of the neighbors at a meeting Saturday, and asked him how 1hc construction was over there . He responded that the construction was not 100 bad. but he was wailing for the traffic to start. Council Member Bradshaw S2id it is going to be a change. She said she could only speak for herself, bur could offer o.ssurancc tho.1 1hcy will try to mitigate thal anyway they can . Mayor Bums fell ii was :i serious iss•Je and he was concerned about it. (e) John Loss, 3035 South Race S1rce1. said he was prc!ient on behalf of Miller Weingarten to discuss and seek approval for two tenant pro spects 1ha1 we arc curren1ly dealing with . The first prospect is Pc1sMart . he said. He reminded Council that several months ago. they approved Petco, which was the group that was interested at that time, however , they arc no longer interested. Fortunately, PctsMart has recently completed a competition and trade area study, and their numbers came in quite good. so they are now interested in the project. We think, ai;tually, PctsMart docs a little bit better job over Petco, and arc generally regarded as a notch above . Frankly. we arc encouraged by their interest and are glad they arc , potentially, available. he said. Council Member Bradshaw asked if they were leaving University Hills . Mr. Loss said no, and that was his concern. also. in the early rounds, and probably why Petco appeared 10 have an interest. But PctsMart has completed their studies and feel , with the traffic paucms, that they have a very broad trade area to deal with . We generally respect their sophi~iicated studies, in tenns of their analysis of their opponunitics, he said. They would keep the Universit y Hills store, he said. and. typic ally. th:u kind of sl orc does in the neighborhood of two-hundred and fift y dollars per square foot in annu.il sales,~ that is a prelty good number . Mayor Bums asked where they would be located on :he site. Mr. Loss said they don't know yet, exactly, bu1 we have abou1 75.000 square feet. total, of buildings that would be positioned and located in a way whc: these larger users could end up . That 75,000 consists of 50,000 square feet total in front of Wal - Ma.rt, somewhere between Elati and Galllpago, he said. We have to rru1intain a view corridor pursuant to the Wal-Mart contract, so essentially, whatever gels built in there. up to 50,000 square feet, has to be hugging Ga.lapago on one site and Elation the other. in order to allow for that much square footage to be in there . In addition to that 50,000 square feet. the 01hcr approx1ma1ely 25,000 square feet, getting 10 a total of 75.000, is a build ing area ju.st to the west of Galapago . fronting on Hampden . We believe thn1 PetsMart would end up in one of those buildings on Galapago, he said. either on the west side or the cast side. Mr. Loss said the second tenant he would like to 1alk about is envisioned for an area in front of Wal-Man, bul towards Elati Street. It would be a building running north and south. wilh the entrance facing lo the west, into the project, he said . This second prospective tenant is a liquor store . The cum:nt owners and operators arc invol ved in Arrow liquors. which is localed at Alameda aild Colorado in the 1 Mget project. Target has expansion rights in that center. and arc in the process of utilizing their rights . As a result, lhis liquor store is gc.. 'lg to be displaced, he advised . The y arc envi sio ning a store that is about Si;\ or seven thousand feet b;~--than the current store. They arc viewing it as 11 regional. sub-anchor-type draw. and arc projecting a .... out a fifteen-mile trade area for a store like this. he said . Council Membc " Brad shaw asked ifit was similar to Pyramid Liquors . Mr . Loss snid the best example 1ha1 ht d of it is Lucas Liquors at Park Meadows . Lucas is a ne w project in our market, and is in a center that h-Home Depot , Bed , Bath and Be yond. and an Old Navy. Ms . Bradshaw asked if we can get those , now 1ha1 we have a Pe1sMart coming back . Mr. Loss said one can hope, but we are not sure the liquor store • • f!nalewood City Council June S, 2000 P11e S ltselr Is what caused Old Navy 111d Oed, Both and Beyond to show up at that location . We believe, and our und,.r1tand ln1 11. that , with 1he l111er fonnat store, 1heir presentations would be a lot more wine than you would find lu 1111m1ller liquor 11ore, and we arc u1isfied 1ha1 one of the most important things is this will most likely end up be1n1 • 1inale tenont bulldin1 , based on our S0 ,000 total that we can Jeal with, and the buildina would be su b)«t to 111 or the PUD design auidelines . As a result or that , he said, it would end up being 11 very co mp1tlble and aood looking store. facing west into the project. Council Member Brod,haw asked 1( that would go along with the agreement with Wal-Man. City Attorney Brotzman said he belic~\·H there 11 a placement of liquor ~tablishments with Wal-Mart . He asked if that w:is just for the scrvlna d akohol . Mr. Loss sai d it is for on-site consumpti on, thal is the WaJ-M,'11 concern, so this would not be a factor . Mayor Bums asked y,h111 oltk:r user of 1h1 s size Mr . Loss would try to entice to this location . Mr. Loss said he is .:mc mpung to get more soft ilX,d uscn thim we currently have . He said they are out there trying for ,lll types of users, trying 10 go after lhe soft goods scgmcnl. and we have some preu y good users in that calegory. but we do not ha ve mnyone spcc1fic:1 ll y targeted instead of 11 liquor sto re . Mayor Bums said . in other wordJ, you do nor h:ive a lener of intent from thrse ot her users. Mr. Loss said !hey have leucrs from PetsMltrt and this liquor store . Council Member Bradshaw said you have one from Baily's . Mr . Loss said Sally 's, Office Depot, Johnny Carina's, Famous Footwear, Avenue Fashion and about six resUJ.urants . We .ire kind of running out of room for the restaurants, he said, along the parkway . We have probably a total of fif'lecn leners of intent, he said, and, at this time, we arc only working spec ific:1ll y on leases with Office tkpot. Sally's and IohMy Carina's. The purpose of this rtiscussion and request is so we can move these other ~'ros pccu to the next level of seeing if they are , in foct . interested and if the City is willing 10 consider these uses . Council Member Bradshaw said we mlrcod y 11pprovcd a Petc o, so she h:is no problem with Pe • .,l"-1:~,-, but she felt Council h;i put a 101 of lime into the design of this development , and trying to raise the star, •;llfd, so she has a real problem with a huge liquor store aoing in . That was not the intent, she said, so she .vould say yes to PetsMart , no to Arrow Liquors. Council Membc , Gruulis sa.id dino . Council Member Wolosyn Slid she feels the same, especially following up on what Council Member Yurch1 ck 1a1d. Liquor stores usually small businesses . and why wipe a lot of them oul. Council Member Yurch1ck said there Is already a liquor store on Hampden and Arrow would wipe th is business out. M11)'0f' Bums uid there Is another one on Downing and Old Hnmpde:1 , 100. Council Member Gruulis sai d )'Cl, and on South Broadwa y. Council Member Yurchick said he docs suppon 1he Pe1sM11n . Mayor Bums said we got posi1ive feedb4tk from the ICSC conference in Las Vegas, and now we arc seeing tenants coming 1n our direc:tion. rather than ha \'1na 10 try and pull them in here . He said the de velop ment is rc.1lly sta.rt ing to t4ke off m th at rca :ud. lie 1a1d he wo uld have 10 go alo ng witl1 lhc other Council members . Ha vi ng a large liquor s1ore rcall) d1sappo1nu him. he s:u d, and he would rather have a soft goods tenant. He felt we were gem n111 dymm1c response now a~ he would like to at lea.st take a shot 31 gelling some other kind of user than a liquor store 111h1i po ml. He !old Mr . Loss that lhere was a un animous opinio n of Co unci l on thi s. City Anomey Brotzma n o.sked , because there ts :a formlll 11ppro\•al process , 1h01 Cooncil approve their choice by mot.ion . COUNCIL MEMBER IIRADSHA W MOVED, AND IT WAS SECONDED, TO APPROVE PET:;MART AS A TENA!'tT AT CITYCENTER ENGLEWOOD • Ayes : Nays : Absent: Council Members Bradshaw . Wolosyn, Yurchick, Grazulis. Bums None Co uncil Members Nabholz. Garren • Englewood City Council June S, 2000 Page 6 The motion carried . 8. Communlcalions, Proclamations ind Appolntments There were no communicalions, proclamati ons or appointments. 9. Public H•arlngs (•J COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN A PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 33, APPROVING THE HAWTHORN ~UITES PLANNED UNIT DEVELOPMENT. Ayes : Council Members Bradshaw, Wol osyn. Yurchick , Grazulis, Bums Nays : None Absent: Council Members Nabholz. Garrell The mot ion carried and the public hearing opened. All persons giving testimony were duly swam. Planner Tricia Lanion advised that she was representing Community Development She reminded CoWlCil that, at the May IS City Co uncil meeting. 3 public hcfflng was held on the Hawthorne Suites Ltd . Hotel. At the public hearing, 1r applic:mt . Mi chael Plante, suggested some financial strategics for the h0tel project, :11 which time Council directed staff to research a number of issues. Staff is requesting a continuance, she said, 10 lhe 26dl of June so that s1aff can continue lhc analysis. There are a number of complex issues and questi ons asked by Council and s1aff has determined 1ha1 a bil more time is needed to complete that. Mayor Burns said he had no objectic n, and this w:i.s almost anticipated. They have worked for tW\l years on thi s and Council wanted a lot of information. and Council Member Yurchick wanted some specific infomuuion on the economics of it. Council Member Wolosyn asked about the infonnati on request She asked if the comparison of the hotel studies wou ld address iss ues like whether, in fact, an exlended stay hotel is 1he kind of hotel we really need . given all this new inform ati on about Craig h:a vi ng their own housing. Maybe Englewood needs a hotel, and maybe that would be the son of th ing we wo uid want 10 give financi al incentive s to, but maybe it is nor this type of hotel. she suggested . She asked if that would be addressed in 1he comparison of hote l studies . Ms. Langon re spo nded th at it would be either in the companson itself, or wi thin the body of the co mmunicat io n. Council Member Bradshaw said she was not here on the 15111• so she h:ad a question . The things that Mr. Pl anie requested, to waive the water and sewer assc , :i menr fees. waive use tax on materials , abate sales tu over five yea rs, and abate lodging ta x over fifteen ) ;ars. !!the asked if that was normal. Mayor Burns said the City has never done that before . Ms . Bradsha w said we have neve r had a ho1el. Planner La.ngon sai d lhJ.t is part of the issue of dc1crmining "tether it uas been done, and there have been some minor aba1e mc:nts . Ms. Bradshaw asked jr Lhcy want us to put lhe fo undation in for Lhem. 100. Mayor Burns commcn1ed 1hat Mr . Pl11n1e lined up all of th-.: fees and all of the deck. so you co uld j us l see it coming. He said he spoke 10 Art Sc ibelli about thal late· and he said !hey worked and worked on it. We may no! ha ve a hotel in Englewood unless we do some thin g like th at. he added . • • Englewood Ciiy Council June S, 2000 Page 7 Counci l Member Bradsh3w said she knows that is ;,D~ peo~c ge t :Uffe,,:nt t.occls, but she agreed with Counc il Member Wolosyn in qucs1 ic-11ing whether Liis is the l'YJX'! r:ft-.,tcl we need . She sa id Council asked so me really good questions. Mayor Bums sa id 1!1erc w:u .i lot of disc u:'5ion . Counci l Mcmbtr Gnzulis said the question was asked concerning the long 1cnn stay. which was in the record. as to whe lher it could he for one night and did rot have 10 be, ssocialcd with the hospital, because that was her concern at th :u tintc. Ms . Gruulis added !hat she wouh.i not be present for 1he City Counc il meeting of Ju ne 26dt. She requested Co uncil vote acco rdingly and not gi ve awa y the store . She said they were asking for an awful lot. Co uncil Member Br:ulshaw agreed 1t-.:11 this is a lot Ms . Grazulis said she knows there is some co mmon ground in there . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO CONTINUI THE PUBLIC HEARING TO JUNE 26 , 2000. Ayes : Co uncil Members Bradsha w, Wolosyn, Yurchid ,, Grazulis. Bums Nays : None Absent: Co unci l Members No.bholz. Garren The motion cmied and th e public heari ng was continu~ 10 June 26, 2000. (b) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN A PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 39, AMENDING SECTIONS OF THE ENGLEWOOD MUNICIPAL CODE PERTAINING TO PUBLIC SIDEWALK SALES. Ayes : Co unc il Membe rs 81 .s haw. Wolosyn, Yurchi ck. Grazul is, Burns Nays : None ·. ',sent: Co uncil Members Nabholz. Garren The moli on carried an d th e public heari ng opened . All pcr.;ons giving tes ti mony were dul ) sworn. Pl an ner Trici;i Langon. v.ith the Department or Co mmunity Development , advised th.:it the public h~ng was for the purpose of considering Co uncil Bill No. 39 . These amendments arc bro :1ght forward jointly by Public Works , Safety Services and Community Development, she sa id . Staff requests that Council consider and ta ke publ ic testimony on the proposed amendments thal affect Title 7. Title 11 and Title 16 of the Englewood Muni ci pal Code . Ms . Langon presented for the rec ord Proof of Publicati on of Notice of the Public He3.rin g, which appeared in 1he Englewood Herald on May 19. 20CIO. Ms. Lan go n sa id she wou ld like to make one point before we begin . There was a typo in the first reading and the pub lished bill in the paper. A correction is in your copy thir evening, she said . In the first Whereas. TitJe l l , the num ber ele ven wu left out. howev er Tille 11 "'35 s~ted in the titl e of the bill and al so within the body of the ord inance . II is just a typo in the first Whereas. A5 Council knows. she continued. merchants have requested the use of publi 1; sidewalks adj acent to !heir businesses for public sidewalk sales over the past years. Th ose sales have been prohibited because of the prohibitions in Ti1l c. 7, Public Sa fety, TitJc 11 . Publ ic Ways and Property, and Title 16, the Co mprehensi ve Zo ning Ordinance . Titles 7 and 11 address safety issues. she said. concerning the obs tructi on of pub l1 ... :.1dcwalk.-. and public ways , and Titl e 16, 1he zo ning ordinance , prohibi ts the ou1doo r di splay . storage or sale . whetner on public or private propert y. of hoUSt:ho ld appliances. fumiiure or other i1ems commonly used in the home . Recentl y. merchants addressed Council and requested 1hat public sidewalk sa les be allowed and Counci l. 111 that 1ime. proposed authorizing 1wo city -\loi de public sidewalk sales each year, and directed staff to researc h strate gics, she said . Following di sc ussio n a1 the March 13111 Study Session , Council directed th3t a public sidewalk sa le policy be sc i by rcsolu1i on on an annual basis. and they directed staff 10 prepare amendments to the three titles that arc aff("':tcd . The amendments to the Comprehensive Zoning Ordinance, which is Title 16, were presented to the Pl anning and Zoning Co mmissio n. and 1iie commiss ion conducted 3 publi c hc1ring on April 18111• They ,ecommc nded the 3mcndmenis be forward•:d to Co uncil. Findings of Fac1 we re iriad vertenll y omitted from Co uncil"s first readi ng pa cke t. but are included in the pa cket this evening . Tht.re arc seven amendments in total. she advised. She said she would begi n with the zoning ordi na nce because one of the amend ments • Enslewood c;1y Council June S, 2000 Page 8 adds 11 definition, :md all the other amendments refer back 10 that. The proposed definition is "Public Sidewalk Sale, a community event or celebralion allowing the use of public sidewalks by Enalcwood merchants in front of their business as authorized each year by City Council resolution, after consul ration with the business community". The next two amendments. she said, arc to the B-1 and B-2 Busincs,: District, adding language that excepts authorized public sidewalk sales from the listed prohibited uses in these two districts . The last Comprehensive Zoning Ordinance amendment is to the Sign Code, addin g language th:tt excepts signs referring to these authorized sidewa lk sa les from the list of prohibited sign~ in the zone districts . In Title 7, which is the Public Safety title, we have 7-68-6, Obstructing Highways and Public Passages. This is under the jurisdiction or Public Works , she advised, nnd there nrc two sections, Al. which does away with the commission of a puolic offense when a sidewa lk is obstructed in conjunction wilh n public sidewalk sale. Also. section C. which removes the sale of goods or merchandize on a public sidewalk as n prohibi1ed act, she said. In Tille 11. under the jurisdiction of Safety Services. we have 11-3- 3, Obstructions o.nd JJ arrnfu! Substances. which removes the prohibilion or boo th s or stands for the displo.y of merchandise on a public sidewalk, she said. These amendments, agam, are to three scparntc titles in the Municip:11 CoJe. The amendments allow sidewa lk sales in the B-1 and B-2 zone districts only, and only in .. "I njunct ion with an nuthorized public sidewa lk sale event. The amendm ents coniinue 10 prohib it sidewalk Jles in all other districts . and the amendments do not address policy or where, when or how those sa les arc conducted. Ms . Langon said it wils her understanding that Council wou ld direct that public policy, specifically how the sales would be conducted, after ilpproval or these proposed amendments. Ms. Langon said she would address :my questi ons on Title 16, and if there were questions on Title 7. Chief Moore was available from .Safety Services. If Council had questions on Title 11, Ken Ross from Public Works was available. Doug Cohn . 3051 South ,. ~vion Strl":cl, thanked Co uncil for considering the sidewalk sale ordinance. He felt ii was a good thing . he said he read the ordinance in the pape r, he was trying to figure out wllat the thing in the new spaper ~-;t uall y did , and Bill Clayton hod just c~pl11incd it 10 him . He said most of hi s comments have to do w,th the execution of the sidewalk sale.1-, r.uher than n policy kind of thing here . When Council Member Wolosyn ca me 10 one of our Chamber rncetings, he recalled, a. concern was expre,;scd by some of the members of the audience that if the City Council were to authorize each and every sale that came along. it would be sort of like Council W('l'Jld decide for the business community when and where and how we do our sales, and that was not a pa.r1icularly well-supported idc.1.. he assened . He said he would nrgue, as the detoils get worked out, that it w,"luld be :1. frustr ating thing for Council and for the business community if, every lime we wanted to have :1. sidewalk sale , the Ci ty Council would have to make an approval on th:u. Also. just a couple of thoughts about che nctual doing of the sidewalk sales. Mr . Cohn sa id he would recommend going beyond just two city-wide sidewnlk sale s to allow the individual stores 10 make an application for a sidewalk s:1.lc license, at the City sales tax office, where they could ha ve one or two licenses a year to put on their own personal sale . If all the merchants on the west side of the 3400 block of South Broadway decided they wanted to have a sale, they would be able to do that, without having 10 coordinate with eight hundred other businesses in town to put the 1hing together. Mr. Cohn said he sees this as an unwieldy tt,ing, although he felt the two sa les a year was a great start. He recommended 1ha1 Council consider th~sc kinds of ideas . He asked. also. if Council would want 10 to.kc up its timl! approving applic:itions from indi vidu al storl.!s or blocks of stores . He suggested that could be done more easily by the City sa les tax office or a Ci1y gro up of folks . Council Member Bradshaw said Council co uld delegate that. Mayor Bums sa id he felt it had already been delegated to the City Manager. He agreed th :11 Council did not wan1 to rcv iev. each of these requests. Mr. Cohn Silid he had hoped that would be the answer. Bill Cla)'l on. 958 East Co rnell Avenue, so.id he "'1as co-presiden t of the Chamber or Commerce . He thanked Tricia Langon, Art Scib:lli and the Oep a.·tmcnt or Community De vel opment for working wit!1 the Chamber and EDDA on thi s. He felt there ho.d bten 3 lot or progress and it wou ld be exciting 10 sec some producti ve s:iles that would be useful for th e merchants in Englewood . He said it sound; to him like the amendments Ms . Langon suggested arc completely in harm ony with hi s thoughts. parti cu larly the notion that a sidewalk sale is so me1hing that is authori zed ilnd defined by Cit y polic y. Harold Celva . from the • • Englewood City Council Jund, 2000 Page 9 Englewood Downtown De velop ment Author \ty, and the Cho.mbcr had prepared a lc uer. he advised. He so.id he wo uld give it to Council, although he felt it was almost redundnnt because of the amendments Ms. LD.ngon suggested. Mr. Clayton said they really look forward 10 worki ng with the City to actually develop that po li cy. Cen:unly it is not the intention of the merchant s that he has spoken wi th that they want to just ope n the doo r to people just pilin g stu ff on the sidewal k. At th e s.i mc time, however , we recognize that different parts of the ci ty have differen t needs nnd it may be a linlc inflexible 10 say we are going 10 have two s.ilcs a yea r ar.d we arc going to se t the date in January. When we started this, he said. fro m the Chamber 's perspective. 'o\ha t we reall y wan ted 10 downs make it legal and then we wanted to stand back and wa tch as merchants ,;tarted to develop a liule ent hu siasm. th t"n get 1ogcther and do ii. A sidewa lk saJc is a 101 of work , he co nti nued. You ha ve to adverti se. you need ~o promo te it and yo u have 10 hire people 10 run it . He fe lt. in so n1.c wa ys, our c:i rt w::i s a little ahead of the hfl rse . We oug ht to make it le ga l and ha..,e a process for ii, but. h1: said, he really co ul d n11t sland here tonight and sny when !hey would wan1 10 ha'Je one of these. Over ti me . we will . he adde d. ana. it will be good fo r Englewood . Ou r intent wo uld be lo work wirh Cou ncil. and wo rk with the Comm uni1 y Development Department 10 develop so me po li cies 10 bring th is to fr uition and make :1 work fo r :111 of us, he sai d. Mayor Burns said Co uncil fa..,orab ly rece ived M!. Clayton's comments. Mayor Bums asked if there was anyone else who would like 10 speak on the subject of sidewalk sales. Planner Langon sai d she wo uld like to make one cl arificati on regarding Mr . Clayton's indication that the proposal in his letter is similnr to lhe ame ndment lan guage in the definition. because there is a slight difference . Referrin g to Co un ci l's copy of th e definition, she sai d it rea ds "co mmunit y event or celebrations allowing the use of publi c sidewa lk sales by Englewood merchants in front of their business as authorized by City Counci l reso luti on :i.fter co nsultation with the bu siness co mmu nity." Mr . Clayton's proposal in hi s letter re:ids the s:i.me. she exp lained, up lo 1he word "by"'. The y are sugges tin g that it end wit h .. by Ci ty pol icy." Mr . Clay ton said maybe he mi sunde,stood Ms . Langon. He sai d hi s un de rstanding was that City Council wonted to get out of the business of ha ..,i ng to decide thi s and would ra ther ha'Je it be a part of City policy, and that reall y is what our recommendation is. We simpl y say that sidewalk sa les are defined by City policy. and then we find a way 10 defin e Ci ty policy . Perha ps it wo uld not require a reso luti on eac h year. it wo uld just simpl y be an ongoing Ci ty policy. he said, addin g 1ha1 he ngrecd with Ms . Langon that th at was their int ention . Ms. Langon said she j ust wa nted 10 be cl ear that the y were not the sa me. Counci l Member Bradshaw SJid the y co uld work the same. Mayor Burn s said he though~ Counci l had given so me 11u1honzation 10 the City Manager :it one st:i.ge of th is developme nt. Ms. Brad!~,jW s:iid they did that ea rl y on and he handed it b:i.ck 10 us . Ci ty Anomey Brotz man sa id . regard ing 1he discussion Ms . Langon had about policy , those policy issues that we we re di sc ussin g we re thin gs like set-back of where L'lt boOlhs will be, .:-nd traffic and visio n-type iss ues. The dates were to remain at Council's di sc reti on, the issue of whetb:r you want 10 have two, or did you want to have mult iple. was le ft fo r thi s co un cil and fut ure cou ncils tr decide . Mr . Cla yton sa id. as was no ted in the letter, they fee l the po li cy could be a little broader, and could perhaps 1.0.lk .:i.bout when the dates mig ht be or how 1he dates wo uld be determined and also take into account 1he di fferent needs of t~c different parts of the city, which ma y not ncccssaril / co incide . The folks over in Brookridgc may not have 1hc same need fo r a si dewalk sale on the same fa te that the folks at Yale and Broadway. Enalewood City Cuuncil June 5, 2000 Poae 10 Mayor Bums said it seems the language in the definition is pretty broad for almost any kind of adjustment like that. Mr. Clayton said they would rather havt a broad policy and not have to burden Council each year with having 10 do .1 resolution . Council Member Bradshaw .isked Mr . Clayton if he would like 10 sec "as authorized by Council'' deleted . Mr. Clayton said they wo uld rather have it say "as authorized by City policy", since Council will ha ve 10 approve the policy . Ms. Bradshaw asked if that was ok:ay . Mayor Burns sttid he had no problem with thal, and felt ii would ac1ually be helpful. Ms . Bradshaw :iskerl if we would republ ish it. City Auomey Brotzman advised that thi s would come b:ick 10 Council on second reading and they would actually make a motion 10 ch:mgc ii :111hac time . He said he would make sure they have alternative language . There werl! no further ques1ions and there was no one else prescnl 10 spc.1k 10 lh e issue . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. Ayes : Council Members Bradshaw, Wolosyn, Yurchick. Grazulis, Bums Nays : None Absent: Council Members Nabholz , Garrett The moti on carried and the public hearing closed. (c) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO OPEN A PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 40, APPROVING AN UPDATED COMPREHENSIVE RIGHTS-OF-WAY ()RDINANCE. Ayes: Nays : Absent: Council Members. Bradsha w, Wolosyn, Yurchick . Grazulis , Bums None Council Membe rs Nabh olz. Garren The moti on carried and the public hearing opened . All perso ns giving 1estimony \I.ere duly sworn . Ken Ross. Director of Public Works . asked tha1 Council conside r Co uncil Bill No. 40, repealing Title 11 , Chapters 3A, 38 Jnd 3C. and Tille 12. Chapter -t. and cre.iting a new Title 11 , Chapter 6 entitled "City Rights-Of-Wa y Permits and Requirements". This public hearing tonight is 10 allow interested panics 10 give inpul on 1his proposed ordinance . He offered Proo f of Publication of •he Notice of Public Hearing in the Englewood Herald on May 19. 2000. Mr . Ross sa id lhe only 1elecomh .. nications company that has contacted him with • r comments and concerns is MclcodUSA . He said he received a fax from them on Friday with 1heir concerns. and sl3ff "'uuld like 10 co nsider lhese . He submitted a copy of the fax for the record . The pUfJ,OSC of thi s right-of-way ordi nance. he said. is to try to Slrike a balance between the interests of the telecommuni ca tions companies and the City . Obviously, we need 10 provide an efficicn1. safe transpo rtation syslem lhat provides for the public to u.st: for its intended purposes. for mo,i ng from point "-to puint 8 . There Jre II jUOUp or entit ies. he said. thnt also desire to use the right-of-w:iy. and we need to try 10 balance these two is sues . The purpose of this ordi nance is to try to se..k that balance, he said. Jnd 1c, meet the requirements that arc placed upo n us by federal and stale laws . This effort has come as part of the telcCJmm u,1 ications conson ium. working with different entities and the different telc communicatior.5 companit.:s. The y came up with a model ordina nce, which we modified to meet Englc1oi,ood's specific co ncerns and thru is wha1 1s before Council at this time, he sai d. Council ~.ember Bradshaw fe lt 11 was long overdue. and she was glad to sec it. • En&lcwood City Council Jun, 5, lOOO P•gc 11 Mayor Burns said a lot of this is 11 product of the Greater Metro Tclecom1nun ic:1 1ions Consorlium, who got together to draft 11 model ordinance on this . He agreed 1hat it was time to do this . He recalled that McLeod wanted 10 go ahead and we did not have an ordinance in place, so this is the pruJuct of that . Council Member Wolosy11 asked about the concerns of the 1clecomrnunica1ions companies . Mr . Ross said some of 1hcm :ire just clean up items, 10 make it more clear :1S to what our intcnl 1s. There were a couple of interesting ones, he said In our draft ordinance. we do not charge degradation ft-e s to our Utilities Department, and they re asking if that was really fa ir. Our utilities 11.rc out there doi ng work, anrl they don't have to pay degradation fees . Thnt is something that wc need to consider as a staff, he rch . Another one is bonding requirements, nnd, also, in this draft ordinance, there is a three -year warranty period, and lhcy took issue with that. They want thin 10 be a one-year w11rran1y period. as 1hat is whnt they commonly deal wi1h . The last one th:H Mr . Ross thought was or any merit was the iss ue wilh the bonding. They would like 10 sec that bonding requirement be reduced after the improvements arc installed. and thnt is not currently a part or the ordinance. Basically, what they arc saying is that they posl 1he bond for 1heir construction requirement s. the maintenance requirements are not as stiff as the construction rr.quircmcnts, so. therefore. the amount of bond required should be reduced . These arc nil valid 1hings 1ha1 wc probably ought to take a look at, he said. Council Member Wolosyn asked if those kinds of things change the ordinance. Mr . Ross said yes. if staff agrees and would like to sec those changes made. Mayor Bums asked ifhe would be coming back with those changes next time if they were things he wanted to press . Mr. Ross said that was correct. Council Member Yurchick asked if one year \l.'35 a reasonable warranty period and if most damage would show up wi1hin a year. Mr . Ross said mos t damage would . He said we sJw that on Kenyon, when Public Sen·ice Company did their streel cul. When you get !he type of failure caused by improper compaction. it would normally show up . but then somet imes it docs not. At that point, the City and the citizens have 10 pay for those repairs. He sugge sted n compromise of two years. Coundl Member Brad shaw noted the problem the y had last year with Logan Street. and the rcpnir they did 1hat was so poor. She felt 1ha1 when our citizens are put in paving di sl ri cts and they pay for their streets, and then we are to maintain 1hcm, part or that maintenance is 10 :1 ssure lhcm that any street cul meets our specifications. Mr. Ross said that is what we arc trying to do by pulling spec ific requirements in ttus ordinance. The other thing we have done wilh this ordinance is m.indatc that City crews would do the p.11ching, and we take a lot or pride in our product. Obviously, we can not cover the sins of contractors if the sub grade is not co mpact.:d correctl y. but at least we arc frying 10 take care of that end or things, he said. Ma yo r Burns 11Sked if 1here was anyone who would like 10 address council concerning this ordinance. There was no one . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. Ayes : Nays: Absent: Council Membe rs Bradshaw, Wolosyn. Yurchick, Grazulis. Bums None Council Members Nabholz, Garren The moti on ca rried and 1he public hearing cl osed . (d) COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO OPEN A PUBLIC HEARING fO GATHER INPUT ON COUNCIL BILL NO. 47 , REPEALING AND REENACTING SECTIONS OF THE ENGLEWOOD MUNICIPAL CODE PERTAINING TO ENGLEWOOD BASIC LOCAL EXCHANGE SERVICES BUSINESS AND OCCUPATION TAX. Ayes : Council Members Bra.dshaw, Wolosyn, Yurchick. Grazulis, Bums Na ys: None Englewood City Council lune5, 2000 Page 12 Absent: Council Members Nabholz , G1rrct1 The motion cmied and the public hearing opened . All persons giving testimony v. re duly swam . Frnnk Gryglewicz, Director of Adminislrativc Services. provided Proof of Pub1ication of Notice of Public Hearing, which appeared in Lhc Englewood Herald on May 19, 2000, and advised that this is a public hearing to gather informo.tion on the repealing and ~cenacting of Title 4, Ch11ptcr S of the Englewood Municipal Code . Currently. for basic local exchange services, the telephone ~erviccs in Englewood, there is a fla1 fee . he said . This ordinance will make it a fee per line, changing the way the tax is calcula!cd, ,':-UI nol the amount in total, he advised. Mayor Burns asked why 1his was recommended . Mr . Gryglewicz said this actually lowers the barrier to entry lo other firms coming into the City or Englewood. As the ordinance stnnds now, he said, ir ii firm were to come in, e\'en with one line , it would have to pay the flat S 160,000.00. If this is enacted, they would fay a per line tax as calculated . Mayor Bums asked if there was anyone who would like to address Council concerning this ordirumce. There was no one. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. Ayes: Nays : Absent: Council Members 8:-adshaw. Wolosyn, Yurchick, Grazulis, Bums None Council Members Nabholz, Garrett The motion earn ed :i nd rhc rublic hearing closed. 10. Consent Agenda COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED , TO APPROVE CONSENT AGENDA ITEMS IO (a) (I), (II), AND (UI) AND (b) (I) THROUGH (vi). (a) Approval or Ordinances on Firsl Reading (i ) COUNCIL Bill NO . 48, INTRODUCED BY COUNCIL MEMBER BRADSHAW A Bill FOR AN ORDINANCE AMENDING TITLE 16. CHAPTER 4, SECTIONS 12. 13 AND 14 ; AND CHAPTER 8, OF THE ENGLEWOOD MUNICIPAL CODE PERTAINING TO TA TIOO AND BODY PIERCING ESTABLISHMENTS AMENDMENTS TO THE ENGLEWOOD COMPREHENSIVE ZONING ORDINANCE . SET A PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO . 48 FOR JULY 3. 2000 . (;i) COUNCIL BILL NO . 50 . INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE REPEAi.iNG TITLE 5. CHAPTER 29, "SECONDHAND STORES " AND AMENDING TITLE 5. CHAPTER 15. SECTION I. TO INCLUDE "SECONDHAND DEALERS "; Rl:NUMBERING TITLE 5. CHAPTER 29. SECTION 3 "SALE AND DISPL '." OF WEAPONS" AND AMENDING TITLE 4, CH \PTER 4, SECTION 2. ENTITLED "DEFINITIONS" AND TITLE 4, CHAPTER 4, SECTION 4, Slll!SECTION 3(8 ). ENTITLED· C:XEMJ-f TAXPAYERS : GARAGE SALE S". AMENDING TITLE 5, CHAPTER 15. TO INCLUDE SECONDHAND DEALERS AND AME , :DtNG TITLE 7. CH APTER 6C WITH THE ADDITION 01 .. NEW SECTION 5 ENTITLED • • Enalewood City Council JuneS,2000 Page 13 "SALE AND DISPLAY OF WEAPONS"; AND AMENDING TITLE 7. CHAPTER 6(f). SECTION 6 WITH THE ADDITION OP A NEW SUBSECTION C, OF THE ENGLEWOOD MUNICIPAL CODE 1985. (iii) COUNCIL BILL NO . 49. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED ··1~n• JUDICIAL DISTRICT JUVENILE ASSESSMENT CENTER !NTERAGENCY AGREEMENT"" AlITHORIZING ALL AGENCIES PARTICIPATING IN THE JUVENILE ASSESSMENT CENTER TO PROVIDE AND SHARE INFORMATION WITH EACH OTHER CONCERNING JUVENILES WHO PARTICIPATE IN THE ASSESSMENT AND INTERVENTION PROCESSES CONDUCTED BY THE JUVENILE ASSESSMENT CENTER. (b) Approval or Ordinances on Seco nd Reading (i) ORDINANCE NO . 36 . SERIES OP 2000 (COUNCIL BILL NO. 30. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING TITLE 16. CHAPTER 4. SECTiON 19 AND CHAPTER 8, SECTION I, OF THE ENGLEWOOD MUNICIPAL CODE 1985. PERTAJNING TO THE ENGLEWOOD SIGN CODE . (ii) ORDINANCE NO . 37. SERIES OF 2000 (COUNCIL BILL NO. 34, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE ADOPTING THE RECODIF!CATION OF THE "ENGLEWOOD MUNICIPAL COD :: 2000" INCORPORATING THEREIN THE GENERAL ORDINANCES OF THE CriY OF ENGLEWOOD. COLORADO INCLUDING CODES ADOPTED BY REFERENCE; PROVIDiNG FOR PENALTIES FOR VIOLATION OF THE PROVISIONS OF SAID CODE AND SETTING FORTH THE PENALTIES PROVIDED FOR IN SAID CODE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAJDCODE . (iii , ORDINANCE NO. 38. SERIES OF 2000 (COUNCIL BILL NO . 41. INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE APPROV(N() AND AlITHORIZING THE EXECUT ION OF INTERGOVERNMENTAL SUBCRANTEE AGREEMENTS FOR THE 2000 ARAPAHOE COUNTY COMMUNI f Y DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMI SSIONERS AND THE CITY OF ENGLEWOOD . ,,v) ORDINANCE NO . 39. SERIES OF 2000 (COUNCIL bill NO. 42, IN",RODUC ED BY COUNCIL MEMBER GARRETT) AN ORDI~-ANCE APP~0VIN•J ANr' AUTHORIZING THE EXL-:1 TION OF 11'TERGOVERNJV.:CNTAL SUBGRANTEE AGREEME1'T~ FOP. THE 2000 ARAPAHOE COUNT," coi.~.;u; o1 rY DEVE:.OPMENT BLOCK GRANT PROGR,"•~.1 BETWEEN THE ENGLEWOOD HOU SIN<; Al 'THC:dTY AND THE CITY OF ENGLEWOOD . (v) ORDINANCE NO . 40 , SERIES OF 2000 (C OUNCIL BILL NO . 45, INTROD UC ED BY COUNCIL MEMBER GARRETT ) • t:nglcwood City Council hoc S, 2000 Paye 14 AN ORDINANCF. APPROVING SUPPLEMENT NO . 146 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHiN THE DISTRICT BOUNDARIES . (vi ) ORDINANCE NO . 41 , SERIES OF 2000 (COUNCIL BILL NO . 46, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE APPROVING SUPPLEMENT NO. 147 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR 'S AGREEMENT FO~ THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDAAIES . Vote results: Ayes : ~;3ys: Ab se nt: Council Member s Brad shaw. Wolosyn. Yurchick, Grazulis , Bums None Council Members Nabholz , Garrell The motior. carried . (c ) Rcsolu1i ons and Motions COUNCIL MEMBER YURCHICK REMOVED ITEM 10 (c) (Ill) FROM THE CONSENT AGENDA . COUNCIL MEMBER VURCHICK MOVED , AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (I) AND (Ii), (i) RE~OLUTION NO . 49 , SERIES OF 2UOO A RES OLV rION IN WHICH THE CITY COUNCIL OF THE CITY OF ENGLEWOOD . COLORADO HEREBY CASTS ITS EMPLOYT;R 'S VOTE IN FAVOR OF THE FIRE AND POLICE PENSION ASS OC IATION 'S (F,P.P.A. 'S) f .:OPOSED AMENDMENT . (ii) RESOLUTION NO . SO , '. '::RIES OF 2000 A RESOLUTION DESIGNATING THE BULLETIN BOARD ON Till, FIRST FLOOR LOBBY OF ENGLEWOOD CIVIC CENTER AS THE OFFICIAL POSTING PLACE FOR ALL PUBLIC NOTICES OF THE CITY OF ENGLEWOOD, Vote results: Ayes: Nays : Abse n1 : The moti on carried . Co um:i l Members Bradshaw. Wol osyn. Yurchick, Grazulis, Burns None Council Members Nabh olz. Garren (iii ) Di vision Chief Moore presc nrcd :i rcco mmcndal io n from the Ocpanment of Safet y Ser\·1ces 10 approve Engle wood's par1i ci p11ti on in the Communit ies for Safer Guns Coal iti on. Co uncil Mem be r Yurc hi ck said he wa s not famili ar wi1h thi s and did nut remember re ceivin g an)1hin g abo u1 ii . He said he wo uld like to hear so me inpu1 from the po lice offi cers themsel ves. The y choo se 1he ir wea pons fo r protecti on and limit ing rhem to one manu fac ture r and cre atin g n monopoly ma/ not be in 1heir bes 1 interes t. he sa id . Chief Moo re said , the way he reads thi s. Smith and Wesso n is just the fi rs t, not the onl y one . th at wi ll be enco mpa ssed in 1h1s. Even1uall y, he fell. 1he pl an is for all gun manufacturers 10 bu y in1 0 this principle. Englewood City Council June S, 2000 Page IS Council Member Yurchick asked Chief Moore to explain the principle. Chief Moore said the principle is to manufacture the weapons with certain internal and extem 11I snfctics that would enable them to be stored 11nd maintained more safoly. There are also other tcchmcal, futuristic kinas of technologies that could be built into the gun , theoretically, such as ways to sense the prints of the individual holding; it. Chi:f Moore said, eventually, we will see gun manufacturers around the world building •.hesc kinds of technologies into their guns . This is an attempt to encourage that ani to speed it up, he said. Mayor Bums said this received a fair amount of national pres,; recently. that Smith and Wesson had agreed lO enter into these agreements . It was quite a landmark step for a manufacturer, he recalled. Council Member Yurchick asked if this would require them to buy Smith :md Wesson. Chief Moore said no. Council Member Wolosyn said there was 1lso an exceptioa clause for law enforcemcr,t r.nd military. Council Member Bradshaw said the motion is just to join Communities for Safer Gnns. Chief Moore said that is correct. we suppon them in principle . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (c) (Ill). Ayes : Nays: Absent: The motion carried . 11. Regular Agenda Council Members Bradshaw, Wolosyn, Yurchick, Grnzulis, Bums None Council Members N.i bholz, Garrett (a ) Approval of Ordinances on First Readmg . (i) Assistant City Auorncy R(:id presented a recommendation from the City Attorney's Office to ,dept a bill for an ordinance authorizing a Rights-of-Way Use Agrer.mcnt with Metricom, Incorporated. This is an ordinance for the right-of-way use agreement with a company called Mctricom. Their product is the Ricochet, she said, reminding Council that Ken Fellman, who has done some work for the City Attorney's office, discussed this previously with Counr.il. She also noted that Larry Beer, the government relations representative for Mctricom, was in the audicriee if Council had any questions for him . Council Member Bradshaw asked if this was for nine years with three five year renewal options. Ms. Reid said y('s . This is another one of those agreements. she said , as Mr. Fellman explained. that has also been for the telccommunica1ions consonium, and there is a most favored municipality secti on in it , so if anyone gets a better deal, we ge1 10 look at ii aga in . Mayo=-Bums said this was discussed somewhat with Mr. Fellman when he was here lasl time . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 44 ON FIRST READING. COUNCIL BILL NO . 44, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BIL L FOR AN ORDINANCE AUTHORIZIKG ENTERING INTO A "RIGHT-OF-WAY USE AGREE~•ENT' BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND METRICOM, INC . Vote results: Ayes : Council Members Bradshaw , Wolosyn, Yurchick, Grnzulis, Burns Englewood City Coun.:il lune 5, 2000 Page 16 Noys: Absent: The motion curried. None Council Members Nubholz. Garren (b) Approvnl of Ordinances on Second Rending . There were no additional items submitted for approva l 011 second reading . (Sec Agenda Item 10 -Consent Agenda.) (c) Resoluti ons and Motions There were no addi ti onal resolutions or motions submitlcd for approval. (Se c Agenda Item 10 -Co nsent Agenda.) 12. General Discussion (a) Ma yor's Choice . (i) Mayor Burns brought forward the council bill regarding the Mile High Compact that Bill Vidal discussed wi th Council at the Study Session . Council Member Bradshaw asked if there was any cost to the City on this . Mayor Bums said no. he did not think so . Mayor Bums said he would like to introduce this one, as it stemmed origina ll y from the Metro Mayors' Caucus, and then the Denver Regional Council of Governme nts volunteered to help coordinate the discussion m., form a group to work thi s over with mayors and other DRCOG board mem bcrS and other members of the community. It is a significant step, he opined. because it is a voluntary agreement to do something :i bout growt h co ntrol. Everything that we have been hearing in the press, after the legislature , was that we were doi ng nothing on growth control. he sai d, and this is a major ?.'a temcnt from cities anrl counties to agree on growth control measures. He said he very much supports this . The Depuly City Clerk read the counci l bill by title . COUNCIL BILL NO. 52. INTRODUCED BY MAYOR BURNS AN ORDINANCE APPROVING MILE HIGH COMPACT AMONG CITIES AND COUNTlES ORGANIZED UNDER AND EXISTJ~:G BY VIRTUE OFTIIE LAWS OF THE STATE OF COLORADO. MA YOlt BURNS MOVED , AND IT WAS SECONDED, TO AP PRO VE COUNC IL BILL NO. 52 ON FIRST READING. Ayes : Nays : Absent: The mouori ca..ricd. Cou ncil Mcrnbers Bradshaw . Wolosyn, Yurchick, Grazulis, Bums Nonf: Council Members Nabholz. Garrett (ii) Mayor Bums thanked Council Members Garrett and Gnuulis for journeying to Las Vegas fo r the ICSC conference, and for 1hcir report . It was good to hear that we had a positive result, he sa id, adding tha t we ha\'C been wailing for some li me for that. We wil l be taking that up as we go. he said . (iii) Mayor Bums said Council has a hst of the move this week for the Ci ty, which is considerab le . The schedu ling 1s something else. he said. and there should be Mime sleepy-eyed people • Englewood City Council June S, 2000 Page 17 walkm t o.ro unJ llftcr this fflO\C. He th anked Assistant City Manager Flaherty aM all or the move committees for all the work they have done on th is, as it is quite an operation. (iv) Mayor Bums said he atte nded the Trans Alliance breakfast Friday with Paul Wcyrich ~~ ti,~ .;pco..kcr. Mr. Wcyrich has wrincn :m article recently that was very favorable to the Southw.;St Corri.:!or i.ight Rail and our development. He is known throughout the country 11.S quite u voice or con..-crvatism. he ~a id, but he is an extremely strong supporter of trans ii. He ha s some excellent argur,1cnts u,at he ma ~es in that regard, and he was on the Mike Rose n show Friday morning for a cou ple of hour-and it is rc,.Jly somethi ng to hear this guy, he said . He h:i.s twenty-five 10 thirty yenrs of work on co nservative c:i uscs, has su1ned several think tanks and is very well known around the country in the conserva tive area. Mayor Bums said Mr. Weyrich tdmittcd lhat most of the people in lhe room were not of his political persuasion, but he was right in step with everyone on tn1nsit. so that was really nice 10 henr. '") Mayor Bums said he walked Broadwa y a couple of times last week, talking to merchants 3nd secirg how th ings were going on the South Bro3dway Action Plan . Some of them were a little concerned 1100\II it. he allowed. but all in all he felt ii was goi ng preuy well and is going preuy fast We were raid once that cc,mpa ny srarted const ructi on, they moved preuy quickly, and they have. he said . Mayor Bums said he spoke with Steve Finer at the Army and Navy Surplus Store, who owns that entire come r except for Rico 's, and he would like to bring:: plan tr-the Ciry for redoing that whole area rherc . so lhal cou ld be pretty ex citing as a Broadway development (vi) Mayor Burns sai d he would lik..: to recognize that this was the last City Council meeting that would occu r in rhis building, after thirty-five years. This pre-dates Cinderella Ciry. he said, so ii is really a new era that we are entering into. He said he wou ld personally like to thank all the city co uncil s and m~yors, the board and commission members and staff who have worked in this building over all that time . Mayor Bums said he goes back to 197 3 whe n he stancd wir h the Housir.g Authority when it was locarcd in this building and we had a half-t ime staff person and that was 31( we had. II has been a long time and there is a certai n amount of nosta lg ia le.1 vi ng the building. Once again . you m3) ha\'e noticed . we had to crank up the HVA system 1onigh1. because he was about to croak up here wi1h no air mov ing in the room. We have had many commcnls on how tough it is 10 hear in this chamber. so he said he was loo king forwar d 10 lhc beautiful new chamber . Our first meeting will be on June 26111• he advised, bu1 !here will be board 3nd commission interviews on 1hc l91ti, so we will make use of the new building before our first meeting . It is continuing to be 3 pleasure to serve with the members of this council, .ind we all look forward to movi ng to the new building, as it will be somet hin g spec ial , he S3i d. City M3n3ger Scars s3id Council has next Monday off, except for the 4:00 p.m. ribbon culling. Mayor Burns said it is goi ng to be quite a week fo r everyone and it is his pl!aSure to p:uticipate in all of that. (b) Cou ncil Members' Choice . (i) Council Member Bradshaw : I. She said we probably would no 1 be at th is stage if Council had not worked so closely together with staff. She 1hankcd her fellow Council members as we ll 3S staff, even Director Gryglewicz. she joked . Mayor Bums said he docs a grca1 job, to whi ch M!i. Bradshaw agreed . She said she reall y just wanted 10 ask Mr. Gryglewicz about the report they received for Ap ril 41ti 10 April 30111 in which she noticed that we h3ve so me in\'estmcnlS in T-bills . She said she knows we arc no1 supposed 10 switc h investment strategies, bu 1 T-bills di.:1 not do well at all during that time . Director GrygJe..,.i cz responded tha1 we change our s1ra1cgy wi1h the market. so you will see us ,noving in and ~ut of different investments . But for the most pun. we inve st in trcasunes or high grade commercio.l paper. so we do not mo ve out of rhe really high grnde. sh ort renn investments very much . Our number one concern is pro1ec1ing our principal. he advised , and maint3ining liquidity, because we want to make sure the money is there . We may 001 cam as much. but we know 11 will be there. Enalewood City Council lune 5, 2000 Paa• 18 Ms. Bradshow said okay, so il is much more conservative. Mr. Gryglcwicz said yes, il is 11 very conservative approach . 2. She said a cirizcn called her about an event that lutppcn:d in the 4800 block of South Cherokee Stre<-t last Tuesday night. This is just north of Sinclair Middle School and dead ends into Sinclair. The culler's son was visiting from out of town and received a ticket for parking on the sidewalk and they were sining in the front yard talking . The officer came up and just wrote a ticket , she said. Ms . Bradshaw felt a good public relations step would have been to ask if the vehicle hclongcd to anyone there, and ask them to move it off the si dewalk . The other thing is the 4800 block of Swth Cherokee is not what she would call a high traveled road, but a destinati on road . She s.iid she would like to remind the folks issuing tickets that yes, tickets help us enforce the fows we enact . and she appreciates the efforts they make, but let's use some common sense . 3. Ms. Bradshaw said Kevin , on Union Avenue, called because of all the car repairs going on and the squealing of wheels on Union Avenue over there by Centennial Park . ·. 'here is still quite a bit of activity over there and apparently he was iold th.it Code Enforcement docs not work on weekends . She said she thought they did. City Manager Scars felt we had changed that. Division Chief Moore said currently they are working on Saturday but not on Sunday until 'WC return to full staff. Council Member Bradshaw sai d okay. but asked if there was any way we could gel a repon on the different code enforcement a.ctivi1ics that we have done over there, as far as this car repair place that operates on Sa!urdays . Chief Moore said certainly. Ms . Bradshaw said she felt we really need to follow up on weekends, because thilt seems 10 be when the activities occur. 4. She SJid the last item was. on her too short trip 10 Ireland for fifteen days, it was quite an experience driving on the left hand side of the road with the steering wheel on the right hand side of the car. She S.1.id she came to appreciate roundabouts. because they give you a recond chance if you miss it the first time going llfOUnd. We arc looking :u pulling a roundabout at Englewood Parkway, and it makes you a more courteous driver. and more aware of what is going on . She thought it would be a lot easier if the traffic was coming fr om her left. bu1 in Ireland. even the tiniest villages have a little dot that the cars have 10 go around, 1hat is their roundabout. h re.1ll y is a good w.1y 10 deal with high traffic areas, she ~aid. (b) Co uncil Member Grazulis : l . She sai d, last Saturday . she ancnded a workshop for our Englewood Historical Society, with use of facilitators . It was for our Society and which directions we were going 10 loo k into, between the Society and 1he hi storical buildin gs within Englewood . It was quite informative and ii is not going 10 be our last one . \\ c .ire going 10 kee p ha vmg them until December, so she just wamcd 10 say tho.I it was really quite a workshop. 2. She said it wo.s reall y beneficial lhat she went 10 the JCSC conference . She said she had ho.d co ncern s. and her rcpon would be fo ll owinf very shortly. but she felt it was very beneficial that they had anended. 3. Thi s Friday anri ~~!~ '!.:y. be1wccn 9:00 a.m. and 3:00 p.m., will be our Depot garage sale. she said. If anyo ne has anything to do1 ate. she asked tha1 they give her 1 call . Thi s is not just to gather all the money 10 do the projects with .... :-:.a usc we 1,1,·ould have to hove these every week. but arc mos tly for public relations. so 1ha1 we keep getti ng our name out. People will have a chance 10 go 1hrough the Depot , because it will be open at 1hat umc. sh,:. said. (c) Council Member Yurch1ck : Englewood City Council Jund, 2000 Page 19 I. He said he had 11 roundabout story . This is America, where we do not understand them. He said he was over in Lakewood the other day and watched a lady make a left turn :rnd m4ke it 11 two-way roundabout. 2. He said he was looking at the Inst Englewood activi1ics catalog. and jusl Wllnted to say that, in the seven years he has lived in Englewood, he thinks Dircclor Black hos really come 11 long way with the programs they arc offering. He said he feels he has ~Uy done a great job wilh that :ictivity schedule. City Manager Scars said he would relay that to him . (d) Council Member Wolosyn : l . She said she was glad that Council Member Grazulis went along . She felt for things like that it is good to have two Council ptoplc . She said she loved Council Member G1mctt's report , and she thanked him for it, but she is looking forward ro Ms. Grazulis' rcpon . Cicy Manager Sears said Council really added a lot of value 10 that 2. She thanked Cicy Manager Scars for pushing !he thing about Manin Luther King, and saying that it is not totally off the table She said. for her, it is not really an issue of compensation, and maybe if it comes down to the fact that we arc not going to haven day off, maybe there is something else the City can do . She felt it was more an idea of recognizing someone who rc:illy co ntributed to the twentieth century . City Manager Scars said they have raised that to the employees and we sincerely w1111t to develop a way to recognize Manin Luther King . We have a number of employees who already take the day off and just use their own time . Ms. Wolosyn said maybe doing something there is better than having a day off. Mr . Scars said we arc just trying to push the limits as 10 what we can do, and we will come back to that. Ms . Wolosyn said she think s of the kids, and feels it is something we need to pass on. 3. She said Public Works Director Ros s spoke with Hal Dwyer, through her, about sound barriers outs ide of Kent Village on U.S. 285. She said Mr. Dwyer did call her and he was very impre ssed with the time and the thoroughness and asked her if she would mind bringing the staff recommcnda.tion to Council's attention . It says "the City of Englewood should establish noise attenuation criteria and a process for citizens to request City participati on for the cos1." She said Council could rc.:,,d the rest for themselves . She said Mr. Dwyer understands thi!.1 this is not something that y,iJI happen right away. but he wo uld appreciate our consideration of th is recommendat ion. 13. City Manager 's Report (a) City Manager Scars reminded everyo ne that tomorrow. at 3:00 p.m. at the Allen Filter Plant, there would be a ded ication of the new plant. He said if they could come, it would be exciting to sec that in operation. While 1hcre still needs 10 be so me additi onal work done on the di stribution system, he allowed, he fell the qualit y of the water had gre atly improved as a re sult or what has gone on . (b) City Mamiger Scars said next Monday at 4:00 p.m. is the ribbon cutting al the new Civic Center. It is an exciting time for everyone, he said. and expressed app rcci:ni on for Council's support and patience in tcnns of going through the issues that ha \'e been out there . He said staff has wo rked extremely hard . He said he could not give enough credi t 10 Assistant City Manager Flaherty and the Public Works peop le fo r making this happen . It would be nice if we had anothe r couple of weeks to move in, but we arc ma.kin g it happen this weekend. due 10 the Move Commincc and the work of all the employees. • • • EnsJewood City Council JuneS,2000 Pase 20 (c) With rcgmi to Ct;uncil Member YUJchick's earlier comment about Director Black, City Mlll14ger Sears said Enalewood Golf Course is listed independently as the number one bargain counc, right off the Internet, so that is a rea.l plus for the communi1y. (d) City Manager Sears said an Information Technology Manager has been hired. He is from the state of Washington. and plans to start work on July 12dl. We will be coming back to Council at the nc,u meeting 10 define that dcpanment differently because that is the murkct that is out there . He said he is really very positive about this person coming. He has been thoroughly reviewed by Human Resources and he feels everyone who panicipated was very impressed with the individual. Mr . Sears felt he would make a real difference with the IT issues , which will be great for the City. He said it is an interesting time. and everyone who calls us won't be complete ly happy with 'Jnc thing or another. so he invited Council to feel free to apprise him of the issues and he will try to provide as much information possible . 14. City Attorney's Rtport (1) City Attorney Brotzrru>.n requested permission to settle a case: in U.S . District Coun concerning Tim Atchison. in the amount of $55,000.00 . Mayor Bums commented that this was discussed in Ex.ecutive Session . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO SETl'LE UNITED ST A Tt S DISTRICT COURT CASE NO. 99 B 15li0 -TIM ATCHISON, FOR S55,000.00 . Ayes : Council Membc.rs Bradshaw. Wolosyn. Yurchick , Grazulis, Burns Nays : None Absent : Council Members Nabholz. Garrett The motion carried , Mayor Bums said he would be remiss if he did not thank the citiz.ens of Englewood for all the time and effon they put in to the activities that have gone on in thi s building. especially with regard to the center and all the public meetings they auended and for all the inpu1. He thanked them especially for their patience as we have gone through this project over the pa.st several years . He said he could not thank them enough for all that and expressed his hope that we will have a lot of services to offer them. 15 . Adjournment MAYOR BURNS MOVED TO ADJOURN. The meeting adjourned at 9:20 p.m .