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Home My WebLink About2000-07-17 (Regular) Meeting MinutesI JJIUO ) 11") lH1<1 u,t:in ·1 ooHt ,n ..,1t.L r :ws'l ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLOH DO Replus-lon July 17, 2000 I, Call to Order The rogular meeting of the Englewood City Council was called to order by Mayor Bums at 7:47 p.m. 2. Invocation The invocation was given by Mayor Bums . 3. Pledge or Allqlante The Pledge of Allegiance wu led by Mayor Burns. 4. Roll Call Present: Absent: Council Members Gr3Zulis, Garrott. Bradshaw , Wolosyn, Yun:h ;ck, Bums Council Member Nabholz A quorum was present . 5. Minutes Also present: City Manager Scars City Attomc:y Brotzman City Clerk Ellis Director Olaon. Safety Services Planner Langon. Community Development Diroctor Gryglcwicz. Finaoce and Administrative Services and Executive Director of the Englewood Urban Renewal Authority Assistant City M,nager Aahcrty Director Black. Parks and Rccn,ation (a) COUNCIL MEMBE~ 9RADSHA W MOVED, AND IT WAS SECONDED, TO "' APPROVE THE MIMJTES OF THE S, ECIAL CITY COUNCIL MEETING OF JUNE 26, 2000, Ayes: Council Memben Garn,tt. Bradshaw , Wolosyn , Yun:hick. Bums Nays: None Abstain: Council Member Grazulis Absent Council Member Nabholz Motion c11ITied . 6. Scbedultd Visitors There were no scheduled visitors . 7. No~-oclledtaled Vlallors There were no non•scheduled visitors. 8. Commwdc:allot11, Proc:lamatlona and Appoiallmnu tllJ >1 311 / l!Daltwood City COUDCII July 17, 2000 Pqel (a) A proclamation honoring Harold Rust u Englewood•t Citizen of the Year for 2CK>O was considered. Mayor Bums stated that 1hc celebration honorina HM01d Rust took place last week . It was a very nice evening , he said. ;.,d it was filled with many friends . COUNCIL MEMBER BRADS'.'AW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORll',G HAROLD RUST AS ENGLEWOOD'S CITIZEN OFTH! YEAR FOR2000. Ayes: Nays : Absent: Motion cmicd. Council Members Garren . Brodshaw. Wolosyn, Yurchick, Gruulis. Burns None Council Member Nabholz (b) A proclamation declaring Augusl I. 2000 as NationaJ Night Out was considered. COUNCIL MEMBER BRADSHAW MOVED, ANT > IT 1'1'.\S SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING AUGUST I, 2000 .\S NATIONAL NIGHT OUT. Ayes: Council Members Garren. Bradshaw, WollJSyn. Yurchick, Grazulis . Burns Nays: None Absent: Council Member Nat-!1olz dotion t.:arricd. Mayor Bums presented the proclamation to Director Olson. Director Olson thanked Council. He ·'Oted 1hat we have been one oftfte ruuionnl leaders in organizing the National Night Out for several years now. He commented that Counr.U was well aware of Nancy Peterson's recent family tragedy . She is very active right now in the organiwion of .National Night Out. he said. and I just talked to her tonight and !)t'Ctty much have asked her 1101 to go c veruoard on National Night Out d1is year . And I can tell you righ1 now. Mr. Olson said. that I rold her if v..:-don ·t have it, that may be all right. I don 't wan1 to force her inlo working like a workaholic like she normally docs ... putting all these hours in when she is still in a major state of duress . So . he said. we'll try to do what we can. but I can't promise it will be the best one ever. Hopefully tht: r • ;nmunity will rally and be able to go 01.1t and put on 11 good Night Out again this year. I'm sure y C"t l ..... ti understand if it is not as st.cces"ful as it has been in the past . he said . but we·re ,~oing to give it 11 tr y. Mayor Bums saic he would just like to comment that Nancy Peterson does a phenomenal job on Nat knal Night Out and on whatever she is wor};.in o on and Council wishes her and her family 1te best and we CA tend our symp ,thics to therr . We cen .. ,:,ly understand 1f we just do the best ,re can on Nation.11 Night [)~t this yc:u-. he said. but I think her 11~ops will rall y behind her . I fully 1grec with Director Olson. he said . th at Nancy needs to tike care of herself and her family first. Direct or Ol so n said he o.pprcci,nes that anc.l he wou:!i let her know . (c) A letter from Kristen Gillma n indicaung her resignation from the Keep Englewood Bc:au1iful Commiss io n was considered . COUNCIL MEllfBEI!. BRADSHAW llfOVED. AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF KRJSTEN GILLMON FRUM 1'HE KEEP ENGLEWOOD 3EAUTIFUL COMMISSION. Council Member Bradshaw no1ed she is resigning because she is leav ing for college on her Boettcher Scholmhip. VotemwU: • • EncJewood City Council July 17, 2000 Page3 Ayes: Nays : Absent: Motion carried. 1 mu 1i)w:;,,tnl OI c I tut I,, •J Council Members Garrell, Bradshaw, Wolosyn , Yurchick, Grazuhs, Burr.s None Council Member Nabholz Mayor Burns Slated, on behalf of Council, that they wish Ms . Gillmon the best in her college carocr, that she has been a terrific member of Keep Englewood Beautiful aod they are very proud or her. (d) A lener from J, L. Barnes indicating her resignation from the Keep Englewood Beautiful Commission was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF J, L. BARNES FROM THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION. Ayes : Nays : Absent: Motion carried . Council Members Garret~ Bradshaw, Wolosyn, Yurchick, Grazulis, Bums None Council Member Nabholz (c) A resolution appointing Kathy Ashenfelter to the Englewood Downtown Development Au:hority was consideral. The resolution was assigned a number aod read by •itle : RESOLUTION NO . 54, SERIES OF 2000 A RESOLUTION REAPPOINTING KATHY ASHENFEL'F.IR TO THE ENGLEWOOD OOWl'ITOWN DEVELOPMENT AUTHORITY . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (e) • RESOLUTION NO. 54, SERIES m· 2000. Ayes : Council Members Garrett, Bradshaw , Wolosyn, YW"Chiclc:. Grazulis. Bums Nays: None Absent Council Member Nabholz Motion carried. (0 A resolut io n reappointing Lauren Barrentine to the Englewood Liquor Licensing Authority was considered. The resol ution was usigned a number ...nd read by title : RESOLUTION NO. SS , SERIES OF 2000 A RESOLUTION REAPPOINTING LAURETT BARRENTINE TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD , COLORADO . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (0 • RESOLUTION NO. 55, SERIES OF 2000. Motio n carried . Ayes : Council Membcn Garrett. Bradshaw, Wolosyn , Yurchick. Grazulis, B W'"'S Nays : None Absent Council Member N1bholz I :,,C, Eqlewood City Coundl July 17, 2000 Paa•• u > tti'J IJ(io111l~lll I IH:l/1 t't 1lu r"Jµ1,'l (g) A resolution appointing David Brereton to the Keep Englewood Beautiful Commission was considered . The resolution was assigned a number and read by title : RESOLUTION NO . 56, SERIES OF 2000 A RESOLUTION APPOINTING DAVID BRERETON TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY ~ GLEWOOD , COLORADO. COUNCIL MEMBER WOLOSYN MOVED, AND IT WA~ SF.CONDED, TO APPROVE AGENDA ITEM 8 (&)·RESOLUTION NO, 56, SERIES OF 2000, Ayes : Council lyfembers Garrett, 81 ,rl;haw, Wolosyn , Yurehic:i::, Grazulis, Bums Nays: No!'le Absent: Council Member Nabholz Motion carried. (h) A resolution reappointing Eric Bertoluzzi to the Englewood Cultural Ans Comm is sion was considered . The resolution was as!.igned a number and read by title : RESOLUTION NO . 57, SERIES OF 2000 A RESOLUTION REAPPCINTING ERIC BERTOLUZZI TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . COUNOL MEMBER WOLOSYN MOVED, AND IT WAS SFCONDED, TO APPROVE AGENDA ITEM 8 (h) · RESOLUTION NO. 57, SERIES OF 2000. Motion carried. Ayes : Council Members Garrett, Bradsh~w , Wolosyn, Yurchick , Grazulis , Bums Nay s: None Absent : Council Member Nabholz Mayor Burns pre sented a certificate and Cit y pin 10 Mr. Berto!uzzi. (i) A resoluti,,n appointing Gloria Cameron 10 the Englewood Code Enforcement Advisory Committee w:is considered. Council Member Bradsha w noted the resolution is wrong. but the Agenda Item is correct 3.00 Ms. Cameron will be appoinled to the Englewood Code Enforcement Advisory Comminee . She advised they need tt:.at changed in the title of the resolution . [Clerk 's note : The reso lution inC:ica1e s Ms. Cameron is being appointed to the Keep Englewood Beautiful Commi ssion .) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED , TO APPROVP AGENDA ITEM 8 (I) • RESOLUTION NO. 58, SERIES OF 2000 AS AMENDED. Th e reso lution was as signed a number and read by title : RESOLUTION NO . 58 . SERIES OF 2000 A RESOLUTION APPOINTING GLORIA CAMERON TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . Vott,-111: • • • Eqlowood City Council Jilly 17, 2000 Pqe5 lbnu) J 111') lwMt l;ul'I onor, 1 Out ,, ,:ir..'l Ayes: Council Members Garrell, Bradshaw, Wolosyn, Yurchick. Gruulis, Bums Motion carried. (j) considered . Nays: None Absent: Council Member Nabholz A resolution appointing Opal Doane lo the Malley Center Trust Fund Board was The resolution was assigned a number and read by title: RESOLUTION NO . 59, SERIES OF 2000 A RESOLUTION APPOINTING OPAL DOANE TO THE MALLEY CEN-r<.R TRUST FUND BOARD FOR THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 Ol • RESOLUTION NO. 59, SERIES OF 2000. Motion carried. Ayes: Council Mem'lers Gam:tt, Bradshaw, Wolosyn. Yurchick, Grazulis, Bums Nays: None Absent : Council Member Nabhot Mayor Burns presented a ccnific.ate and City pin to Mc;, Doane. (k) A resolution appointing John Goodyear to lhe Englewood Planning and Zoning Commission was considered. The resolution was a!signcd a number and read by title: RESOLUTION NO. 60. SERIES OF 2000 A RESOLUTION APPOINTING JOHN GOODYEAR TO THE !'LANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORAD0 COUNCIL MEMBER WOLOSYN MOVED, AND IT WIS SECONIIED, TO APPROVE AGEIIDA ITEM 8 (kl. RESOLUTION NO. 60, SERIES OF 2000. Motion carried. Ayes: Council MembeB Gamn. Bradshaw, Wolosyn . Yurchick, Grazulis , Bums Nays : None Abscn~: Council Member Nabholz (I) A rcsolulion rcappoinling Kendra Grazulis i1! a youth member of 1he Englewood P3rks and Recreation Commission was considered . The rcsolulion was assigned a number and read by tille: RESOLUTION NO. 61. SERIES OF 2000 A RESOLUTION REAPPOINTING KENDRA GRAZULIS AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITl!M 8 (I) • RJ!SOl,IJTION .NO. '1, SERIBS OF .I000,1 a I 1 , Ayes: Council Membcn Garnu. Bradshaw, Wolosyn. Yurchick.i(lruulis,, , Eaalewood City Couadl July 17, 2000 Pqe6 Nays: Absen· .. Moti on carried . Owns None Council Member Nabholz M11yor Burm. presented a ccrtific:uc 11nd c;ty pin to Ms . Gra..iulis. I J/1U1 ) 11, • ho I 11 tt\.iO!.. I fllll ·,:u (m) A resoluti on ilJ,x>inUni • : ... t.urah Guinther to the Englewood Downtown Development Authon1y was considered . The resolution was assigned a nur,~>er ~nJ read by title: RESOLUTION NO . 62, SERIES Oi' 200) A RESOLUTION APPOINTING DEBORAH GUI NTHER TO TIIE ENIJ!.1::"\VOOD DOWNTOWN DEVELOPMENT AUTHORITY . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (m) • R&SOLUTION NO. 62, Sl!Rl~ OF 2000. Ayes: Council Members Garrett, Bradshaw, Wo 1osY'). Yurchick., Gr:uulis. Bums Nays: None Absent: Council Member Nabholz Moti'ln CiUT1ed. Mayor Bums presented a ccnifica1e and City pin to Ms. Guinther. (n) A resolution reappo inting Sam Kaufman to the Englewood Uowmown Devclo.,menl Authority was considered. The resolution was assigned a number and rea.d by title : RESOLUTION NO. 63, SERIES OF 2000 A RESOLUTION REAPPOINTIN G SAM KAUFMAN TO THE Er lGLEWOOD DO'YNTOWN DEVELOPMENT AUTHORITY FOR. T1fu CITY OF ENGLEWOJD. COLORADO. COUNCIL MEMBER WOLOSY N MOVED, AND IT WAS S'E l:ONDED, TO APPROVE AGENDA ITEM 8 (n) • RESOLUTION NO. 63, SERIES OF 2000. Motion ("nmcJ . Ayes: Council Members Garrett. Bradshaw. Wolosyn. Yurchick , Grazulis, Bums Nays: None Absent : Council Member Nabho lz (o) A resolution rt:ippoinlin g R. L. Lundcrs 10 the En glewood Liquor Licensing Authorit y was consk ·r J . The resolution was assigned a number and read by title : RESOLUTION NO . 64. SERIES OF 2000 A RESOLUTION lIBAPPOINTING R. L LUNDERS T 0 THE ENGLEWOOD LIQUOR LICENSINO AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMBER BRADSHAW MOVED, AND rr WAS SECONDBD, TO APPROVE 11 AGENDA ITl!M I (o) • RISOLUTION NO. 64, SERIES OF 2"0. • • Eaaltwood City Colllldl Jul)' 17, 2000 1tHllhl) 111) hnnJl•JI n I Oh(1~ vful. Pqe7 )! ,.:it.'¾ Ayes · N1ys: Council Memben Garrett, Brwhaw, Wolosyn . Yurchlck, Grazulis, Bums Motion carried (p) considered . None Absent Council Member Nabholz A resolution reappointing Janet Moore to the Enalewood Cultural ArU Commission was The resolu1ion was assigned :i number and read by title : RESOLUTION NO. 65, SERIES OF 2000 A RESOLUTION REAPPOINTING JANET MOORE TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD . COLORADO . COUNt:!l MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (p). RESOLUTION NO. 65, SERIES OF 2000. Motion carried. Ayes: Council Members Garren, Brads:haw. Wolosyn, Yurchick , Grazulis, Bums Nays: None Absent Council Member Nabholz Mayor Bums presented a certificate and City pin to Ms . Moore . (q) A resolution recommending Norlecn Norden for reappointment tu che Enalewood Housing Authority was considered. The resolution was assigned a number and read by title : RESOLUTION NO. 66, SERIES OF 2000 A RESOLUTION RECOMMENDING NORLF.EN NORDEN FOR REAPPOINTMENT TO THE ENGLEWOOD HOUSING AlJTijORJTY FOR THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBF:R BRADSHAW MOVED, AND IT WAS SECONDED TO APPROVE AGENDA ITE!lf 8 (q) • RESOLUTION NO. 61i, SERIES OF 2000. Motion carried. Ayes : Council Members Ganeu, Bradshaw . Wolosyn, Yurthick. Grlllulis. dums Nays: None Absent: Council Mi:mber N1tbholz (r} A resolutio n 3ppointing Heather Radosevich as a youth liaison of the Keep Englewood Beautiful Commission was considered. The resolut io n was assigned a numticr :md read by title : RESOLUTION NO . 67, SERIES OF 2000 A RESOLUTION APPOINTING HEATHER RADOSEVICH AS A YOUTH LIAISON OF THE n,;_'' ENGLEWOOD BFAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMBER GRAZULIS MOVED, ANII IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (r) • RESOLUTION NO. 67, SERIES OF lOOI. Ayes: Council Members Garrott, Bnidlhaw, Wolosyn. Yurchick. Grazulis, Eqlewood City Council Jaly 17, 2000 Pq,8 Nays: Absent: Motion curried. Bums None Council Member Nabholz lt,uuo~} 'flrl bOC'1 •I n.1 OOo: ""l 'fl11L • , 'I (s) A rcso lu1i on appointing Vernon Rempel to the Englewood Planning and Zoning Commission was considered. The rcso lu1i on was assigned a number and read by title: RESOLUTION NO. 68, SERIES OF 2000 A RESOLUTION APPOINTING VERNON REMPEL TO THE PLANNING AND ZOIIIING COMMISSION l'OR THE CITY OF ENGLEWOOD , COLORADO . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (s) • Rl!SOLUTION NO , 68, ! l!RIES OF 2009, Ayes: Council Mcmbm Garren. Bradshaw. Wolosyn, Yurcbick, Grazulis. Bums Nays : None Absent: Council Member Nabholz Motion c:irried . (t) A resolution appointing John Roberts to the Englewood Code Enforcement Advisory Committee was considered. The resolution was assigned a number and read by title: RESOLUTION NO. 69 , SERIES Of 2000 A RESOLUTION APPOINTING JOHN ROBERTS TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER BRADSHAW MCIVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (I)· RESOLUTION NO. 69, SERIES OF 2000. Ayes : Council Members GilCTCtt. Bradshaw. Wolosyn . Yurchick. Ut11zuli s. Bums Nays: None Absent: Council Member Nabholz Motion cmrricd . Ma yo r Bums presented 3 ccrtific.1tc .1nd City pin to Mr. Robens. (u) A resol ution rc.1ppointing Tara Holmes as a Youth Member to the Parks and Rccre.11 ion Commission wns considered . The re so lution wns assigned a number and read by 11tle: RESOLUTION NO . 70, SERIES OF 2000 A RESOLUTION REAPPOINTING TARA HOLMES AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO . COUNCIL ME11IBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (u) • RESOLUTION NO. 70, SERIES or-· l I Ay01 : Council Memben CJanen. Bradshaw. Wolooyn. Yuicbiek. Gruulis . Bum, • • £aalewood City Coundl July 17, 2000 Pac<9 Nays: Absent Motion carriOO. None Council Member Nabholz I ,h ff'll;!tl.f dul 11 , c'I M11yor Bums sLltcd that 1hc members of these Boards .i nd Commissions perform in \'a)uablc services fo r the City of Englewood and he a kcd for a round of app lause. 9. PubUc Hearing (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN A PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 4S, AMENDING THE COMPREHENSIVE ZONING ORDINANCE REGARDING TATTOO AND BODY PIERCING ESTABLISHMENTS. Ayes: Council Members Garrett. Bradshaw , Wolosyn, Yurchick, Grazulis , Burns Nays: None Absent Counci l Member Nabholz Motion carri ed and the Public Hearing opened . All witnesses were dul y sworn . Planntr Langon. Department of Community Development, advised thi s was a publi c hc:iring on Council Bill Number "'8. regarding the amendments to the Comprehensive Zoning Ordinance of the Englewood Municipal Code penairung to Tattoo and Body Piercing Estab lishments . No1icc for this public hearing first appeared in the Englewood Herald on June 9, 2000 for the onginal hearing , which was sc heduled for July 3, 2000, she said . The notice for tonight's public hearing appeared in the Englewood Herald on June 30, 2000 and she presented those not ices to the Clerk. The proposals have gone forward through lhe Planning and Zoning Commission. and those were co nsidered at public hellring on May 2 of this year. Notice to lhe owners of the five existing l4UOO and body piercin& establishments were sent by cenified mail on April 21 for that public hearing , she said . All notices of receipt were returned 10 1he Community Development department. Al thal public hearing , she advised. no one appeared in opposition to the amendments. Before rec ommending to the Council . approval of the proposed amendments. the Planning and Zoning Comm is sion discussed a number of items. including South Broadway's future . 1he marketing and economic develop ment of that corridor. gra ndfathering ... that is allowing existing licensed tStnblishmenis to remain, and also distancing requirement s wi th the separation between establishments . But no rational nexus or co nnection to dis tanc ing was ide ntified to impose those di stancing requirements . The amendments arc being brought forward because the Comprehensive Zoning Ordinance ts a pcnnissivc ordinance . Thal mc.t1rn a use must be listed in order for it to be pcnnitted. Tettoo cstablishracnts arc not speciall y addressed within the zoning code. therefore , the y arc not permitted. However . by policy, since August of 1999. tauoo cst.1blishmcnts have been allowed in the 8-2 district, she explained. because several establishments h11vc located in the B-2 district over 1hc past few decades , .ind the lack of zo ning and code enforcement pcrpctU3tcd those uses. Ms . Langon stated that there arc currentl y four 1:moo establishments operat in g in a four-b lock area .ilong South Broadway in the 8-2 distnct. One cs1 ablishment has closed since the se amendments were proposed. The four that are remaining arc at 3969. 3970, 4173. and 4249 South Broadw.i y. she said. referring to the map . The other re3SOn these amendmen ts arc being brought forward is there was a recent federal coun decision that upheld the Cit y's prohibiti on of t.11100 establishments in the B- l district. Coru;idering the coun case and our policy, Co uncil dircc.·1ed srnffto specific.i lly address tatt oo and body piercing establishments with in the Comprehensive Zoning Ordinance . At the Study Session on March 6. 2000. staff presented fo ur alternatives fo r Council's re\·iew . Aftc.:r discussion, she sai d. Council direc1ed s1aff to prepare Co mprr 1•e nsi ·,,c Zoning Ordinance Amend ments th:u wo uld prohibit new tattoo es1.1blbhmcnts in 8-2 and permit :nem in I-1 and I-2 Industria l Districts . Council Member Bradshaw asked if the one between Quincy and Radcliff had closed. the one by the Liquor Barn . Ms . Langon said it was Attitude Tattoo that closed . En£l•wood City CouncU July 17, 2000 ra,, 10 ., boo 1~11 ·I •IHO' .. lul 1:.11'1 Ms , Bradshaw said she was concerned because it wns ~01 listcd on the map . and it is a major bone of contenti on with the ne ighbors up there . Ms . Lang on said no. 1hc one tha1 closed w:i.s at 4401 . ThJt is Att itudclanoo. so that would be further south . Co uncil Member Garrett said th is one wa s south ot (Juincy. Ms. Lllngon said 1ha1 is nghl . Ms. Brad shaw sa id okay . Continuing, Ms . Langon sa id the stratc&Y was ba sed on two things . Fir st wus the Kimley Hom and Associates· draft ec ono mic market anal ys is of the South Broadwa y corndo r th3t Council re viewed . Also on that March 6ttt stud y session, the mllf kcc :mal ys is suggested rccrunment o~ what are called third places or informal gathering places , other thiln work or home . that would increase a co mmercial vitality of 1hc corridor iu.1 encourage pedestrian activity along 1hc Soulh Broa dwa y corridor. The second item thar the strateg y was based on, she said, was the South Broadway Ac1ion Plan Amendment to the Comprehensive Plan that was adop1cd in 1997 . The purpose and direction of th 11t plan was to encourage the balance of commercial uses reflective of neighborhood needs to strengthen the retail niches along the corridor and to rcvitaliu South Broadway. she ad vised . To review the pro posed amcndmcn1s , she said. first. in the R2 Business Dis trict it wou ld list tL .'.oo and body piercing establi shments as prohibited uses in that district. Then , in 1-1 and 1-2. the amendments wo uld li s1 tau oo and bod y piercin g es 1abli shments as permitted uses in the Industrial Districts . Also, there arc five addition!i to the definitions . she said . Those definitions are c.:vnsislcnt with Title 5 bwincss and licensing definition s. Those definition s arc tanoo , tattoo establishment , body piercing. bod y piercing establishment . decorative jewelry, or other decoration . The proposed amendments grant nonconforming use status to the existing licensed establishments in B-2 . That allows those cx.isti n& 8-2 tauoo :md body piercing establishments to rcmam . The y can be so ld . conveyed, or they can be tru.nsferred. as long as a new license is obtained. and they will be subject re nonconforming use regulations . Ms . Langon said the amendments provide an exception to busine sse s performing only car piercing as an incidental service. :iO if a jewelry store v.ithin 8 -2 wanted to offer just ear piercing, they wo uld not be in violaticn of this ordinance or these proposals . The: :unendments a.re based on providing a location for the use , and docs not io 1ally prohibit tattoo or body piercing establ is hmenls within the Cit y. It specifically names them in the: Code: and grandfathers the: existin g B-2 licens ed businesses and al so sup ports the mt1.rket analysis of the So uth Broadway acti on plan, she: said . Cou nci l Member Grazulis asked. if an existing tattoo parl or was so ld to another ind ivi dual, whether the y could retain it as such. Ms. Langon responded a.ffirmativc:I)'. Unles s. if as a nonconformin g use:, they would not maintain their use fo r 180 da ys. she: nll owed . So if I so ld my business 10 yo u, she: explaine d. and it 100 k yo u 179 days to remodel. re1 oo l and gc:1 yo ur signs up and reopc:,1, you would be okay . If you were pas! that 180 days. you would be denied .is a non-co nfo rming use: and tc:rminalc:d . Ms . Grazulis asked. regard ing 1hc: ordinance: propo sal. rc:la1i vc: to the: definitions. there: was one: !hat was dec orative jewel ry or 01}-icr decoration . She: asked if that was kind of vague: or did it re fer to a Im of different types . Ms. Langon s.ii d II is comparable: 10 the: business licen sing and the same definill on 1ha1 is in 1hc: 1auoo and body pierci ng ordin ances. We: fell ii was imponan1 tha1 we keep a co nsistent dc:finiu on between the t'.,rec sc:para1e ordin.1nces ... thc: two licensing ordinance s and 1hc: pc:rmi tllng ord inance, sh e explained . Council Member Yurch ick felt n Willi s11II vag ue:. Ms. Langon said it was not limited to an y of those: things. 1ha1's prob::ibly 1hc: ke y word . She: sa id she was cenainly open to suggestions , and we: could al so look at Title 5. Council Member Bradshaw asked ifall the: language was reviewed by the: City Attorney's office:. City Attorney Brotzman said yes . • • EasJowood City Council July 17, 2000 II fl', •flt I lioufljl!!n·-1 m;ot ,\ I ,tu( ~f :J:,11.i': Papll I Mayor Burns advised there WlS no one signed up to speak at the : ,ublic hearing on this measure regarding tauoo and body piercing establishment1 . He extended an invitation tu approach Council at this time and speak on thi1 iuue. Seeing none. he uked for a motion to close the public hearing . COUNCIL MEMBEI> BRADSHAW MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. Ayes: Nays: Absent: Council Members Garren. Bradshaw, Wolosyn , Yurchick. GruuUs. Bums None Council Member Nabholz Motion carried and the Public Hearing closed . 10. Co ... ol A1eoda COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (U), (IU), (Iv), (v), (vO, (.U), (vlU) and (Ix), 10 (b) (I), (U), (IU) and (Iv), and 10 (c) (I), (U) and (IU). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 55. INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 148 TO THE SOlTlllGATE • SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES . (ii) COUNCIL BILL NO . 56. INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 149 TO THE SOUTliGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRlCT BOUNDARIES . (iii) (I) CO UN CIL BILL NO . 57, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING A QUIT CLAIM DEED FROM THE CITY OF ENGLEWOOD, COLORADO TO JAMES AND GAIL PENS FOR 4,132 SQUARE FEET ALONG THE CITY DITCH RIGHT-OF-WAY LOCATED AT 4685 SOlTlll MARIPOSA STREET . ENGLEWOOD. COLORADO. t2 ) COUNCIL BILL NO. 58. INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCt AUTHORIZING THE CITY OF ENGLEWOOD. COLORADO'S ACCEPTANCE OF A PERPt"TUAL CITY DITCH EASEMENT ~oR 4,132 SQUARE FEET ALONG THE CITY DITCH RI GHT-OF-WAY LOCATED AT 4685 SO : .'1ARIPOSA STREET . (iv) COUNCIL BILL NO. 59, iNTRODU• 0 BY COUNCIL MEMBEfl. GARRETT A BILL FOR AN ORDINANCE AlTlllORIZING AN INTERGO VE RNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE CITY OF CHERRY HILLS VILLAGE, COLORADO ENTITLED "AMENDMENT TO WASTEWATER COLLECTION SYSTEM MAINTENANCE AGREEMENT -CITY OF CHERRY HILLS VILLAGE'" W)TH RESPECf TO TIIE l!nalewood Clly Coundl July 17, 2000 , J tll , l11lQ11,l~uJ 01K1: .n ,tut I, r.'1 Pqell MAINTENANCE OF AN AREA IN THE CHERRY Hll.LS VILLAGE WASTEWATER COLLECTION SYSTEM. (v) COuNCIL BILL NO. 60, Jl'ITRODUCED BY COUNCIL MEMBER GARRETT A Bll.L FOR AN ORDL"IAl'<CE ACKNOWLEDGING AN "EASEMENT AGREEMENT' BETWEEN CHERRY HillS COUl'ITRY CLUB AND THE CHERRYMOOR SOUTH WATER AND SANIT ATJON DISTRICT . (v1) COUNCIL BILL NO . 64, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AMENDING TITLE 16. CHAPTER I. SECTION 8; OF THE ENGLEWOOD MITh1CIP AL CODE OF 1985 PERTAINING TO AOOPTION OF THE OFFICIAL ZONING MAP FOR THE CITY OF ENGLEWOOD, COLORADO . (vii) COUNCIL Bll.L NO . 61, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AMENDING THE en' OF ENGLEWOOD COMPREHENSIVE PLAN TO INCLUDE A REGIONAL PLAN ELEME NT . AND SCHEDULING A PUBLIC HEARING FOR AUGUST 21, 2000 TO GATHER PUBLIC COMMENT ON COUNCIL BILL NO. 61 . (viii) COUNCIL BILL NO. 62. INTRODUCEl) u Y COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING THE PURCHASE OJ' ARAPAHOE RENTAL PROPERTY BY THE CITY OF ENGLEWOOil, COLORADO . (ix) COlJNCIL BILL NO . 63, INTRODUCED BY COtJNCIL MEMBER GA.RRETI ' A BILL FOR AN ORDINANCE AUTHORIZING A BUSINESS I EASE WITH DONALD BOWEY FOR USE OF THE ,.RAPA.HOE RENTAL PROPERTY . (b) Approval of Ordinances on Second Reading (i ) ORDINANCE NO. 47, SERIES OF 2000 (COUNCIL BILL NO . 39, ll'ITRODUCED BY COUNCIL MEMBER GARRETI) A.'I ORDINANCE AMENDING Tn'LE 7, CHAPTER 68 . SECTION 6: TITLE 11, CHAPTER 3. SEL'TION 3(B): AND TITLE 16. CHAPTER 4, SEC nONS 10. 12. AND 19: A:D CHAPTER 8, OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO PUBLIC SIDEWALK SALES . (ii ) ORDINANCE NO. 48. SERIES OF2000 (COUNCIL BILL NO . 51. INTRODUCED BY COUNCIL MEMBER GARRETI) AN ORDINANCE AMENulNG TITLE 3. CHAPTER 6. SECTION 7. SUBSECTION 7, OF THE ENGLEWOOD MUNICIPAL /".ODE 1985. INCREASING THE BENEFITS FOR RETIRED MEMBERS AND BENEFICIARIES OF I rlE ENGLEWOOD NON-EMERGENCY EMPLOYEES RETIREMENT PLANBY 3%. (iii) ORDINANCE NO . 49, SERIES OF 2000 (COUNCIL BILL NO. 53 , INTRODUCED BY COUNCIL MEMBER GARRETI') • • l!Dpwood City Coundl July 17, lOOO l'qel3 h I,, t ,,1 , ()1]1(•11,.,i"i I IO!:. l 1lul l-~~ll'i AN ORDINANCE APPROVING AND AUTHORlZING THE EXECUTION OF INTERGOVERNMENTAi SUBORANTEE AGREEMENT FOR THE 2000 ARAPAHOE COUNTY COMMUNITY DEVELOP!IIENT BLOCK GRANT PROGRAM BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMJSS!ONERS AND THE CITY OF ENGLEWOOD . (iv) ORDINANCE NO. 50 , SERIES OF 2000 (COUNCIL BILL NO. 54, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AMENDING TITLE I, CHAPTER 6, SECTION 2: CHAPTERS 68 , 6D , 6F, 60, 6H, 61 AND 6J: OF THE ENGLFWOOD MUNICIPAL CODE OF 1985 PERTAINING TO DEPARTMEN".AL ORGANIZATION. (c) Resolutions l'Jld Mo1ions (i) PURCHASE OF 23,424 CUBIC FEET OF PLASTIC T..lJCKLING FILTER MEDIA IN THE AMOUNT OF $101 ,910 .00 FROM BRENTWOOD INDUSTRIES . (ii) PURCH.'ISE OF A ASHING PIER FOR CENTENNIAL LAKE FROM MOUNTAIN ST ATES RECREATION. INC . IN THE A>.!OUNT OF S23,950 .00 (iii) PURCHASE OF AN ASPHALT ROLLER FOR THE ~TREET OPERATIONS DIVISJO"I FROM HONNEN EQUIPMENT COMPANY IN THE AMOUNT OF $69 ,924.00. Vole results: Nays : Absent: Motion carried . II. ReplarA1oada Couru:il Members Garren. Bradshaw, Wolosyn, Yurchick, Grazulis, Bums None Council Member Nabholz (a) Approval of Ordinances on Fim Rc:lding There were no additional i1cms submitted fo r approval on firsl reading . (Sec Agenda Item 10 -Con.,:;ent Agenda.) (b) Approval of Ordinances on Second Reading (i) Council Bill No . 33. approving the HaW1hom Sui1cs Pl~ncct Unit Dcvelopn,cnt was considered. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) -COUNCIL BILL NO. 33 ON SECOND READING . COUNCIL BILL NO . 33 , INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPRO\ ING THE PLANNED UNIT DEVELOPMENT (P.U.D.) FOR HAWTHORN SUITES, LTD. HOTEL TO BE LOCATED AT SOUTH PENNSYLVANIA STREET AND ll.S. IIlGHW A Y 285 . 11" THE CITY OF ENGLEWOOD. COLORADO. City Attorney Brotun • .1 1 wiviud that we told them W.y had .in opponunity 10 wnhdraw thi,. Council Member Bradshaw '"'"" !hey didn 't. Mayor Bums recalled !hat Council closc.i the public hearing on M,y !5" on this matter and he thouaht Council felt this projcc\ w111 artcmpting to use the tu be.nefits and wai,crs in order to boo,itrap a profit into Enaltwood City Council July 17, 2000 P ... 14 .. mJ , ,l:.> boou 11111::I ono~.n ,tJI t , .,,, lhis opcralion, and Council chose not 10 carry !hat funhcr and they recommended further study \ln this. He added that , in the process , Council discovered, or have been told by staff, that there didn't ap~ to be a serious attempt to finance this project privately through II bank, so it is ob·,ious that the only i,rbfit they are planning was through tax forgiveness. Mayor Bums felt that is why C0uncil didn't take it further. Ms. Langon stati:d the applicant knew they had the opportunity to wi thdr,w. and we did not receive any notice of their desire to withdraw Vote nsults: Aye s: Na ys: Ab sent : Motion defc :ucd . None Council Members Gnrrctt, Bradshaw. Wolos yn. Yurchick . Grazulis, Sums Counci l Member Nabho lz {c) Resolutions and Mo11ons (i) A recommendation from the Dcpanmcnt of Finance and Administrative Servic::s 10 adopl a resolution approving the formation of a Special District and to sc hedule a Public Hea..;ng fo r August 7, 2000 to gather public input on th is iss ue was considercc!. Fra nk Gryglewicz. Dirccto" of Finance and Administrative Services and Executive Director of the Er.glewood Urban Renew1i Aut hori ty. advised that this is 11, resolution or intent to create a Sµ,-<i:' Improvement Distri,;t for ,he Acoma Street parking lot. This issue was just discussed al th, ,;:•1d y :--":Ssion , he added . II has been presented to the Englewood Urban Renewal Authority and also the'.·,::_, Ml Downtown Development Authority, both of which approved the second Tri-Party Agreement. The EDDA has also requested that in paragraph II (d), beginning with "deficient spaces " and to the end of th:it paragraph, be deleted. That was a request fr om the Stud y Session . This also sets a public hearin g for August 7. 2000 ilt 7:30 p.m .• as well as public ation and notice requirenYnts. Ma yo r Bums asked if that was Roman numeral II. Mr . Gryglewu.:z said yes . 11 is the middle of the paragraph where it begins "deficient spaces " and to the end of tha1 p:iragraph. which is basicall y 1he proposed assessment method. The City Clerk assigned a number and read the reso lut ion by title : RESOLUTION NO . 71. SERIES OF 2000 A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF ENGLEWOOD . COLORADO . TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO MAKE IMPROVEMENTS TO THE ACOM/\ STREET PARKING LOT. ADOPTING DETAILS AND SPECIFICATIONS FOR THE PROPO SED DI STRICT . ANO DIRECTING PUBLICATION AND MAILING OF Tl{., NOT ICE OF HEARING TO THE OWNERS OF THE REAL PROPERTY IN THE DISTRICT . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, 1 <' APPROVE RESOLUTION NO. 71. SERIES OF 2000. • Council Member Wnlosyn said she had a co mment , more than anything . She noted the first pan of the resolutil'J n s11ys Council has determined it necessary to create a spccio.l improvement district within the City . • She said she does not know that she wants to say that she determined it is necessary to create this special improvement district . She stated she wou ld prefer thal the Downtown Development Authority were able 10 get a petition . She agreed, however, !hat they have done II lot of work. and was willing to let this go hJ the next st.ije . She added that she hoped maybe the y could co nvince her it is necessary . She said she wanted to hear the public inpu r. but was OCH so ld at all . • • Enalewood City Council July 17, 2000 Pqtl5 1, 1 )txluu~l,1ii11:J OOU" ."r rlul .,i A)i.i.'I Council Member Bradshaw said she would be voting •pinst this. She fell there were other ways the City and EDDA ,-ould work together without lying property owners 10 an ..,..,menl for fifteen years, She also questioned whether this was the best use of that propeny . She said she was not interested in denying merchants their parking, because ii is viral 10 their business . But this is the eleventh hour, and just lookin& •• how scaucrcd the Study Session was, ii didn 't m,kc any ;ensc and nobody has explaired ii well enough to do this . She repeated that she would be voting against i1. Mayor Bums said we had considerable discussion at SllKly Session about this, and he was not terribly pleased that lhis has come up as late a..s it has . He said he was wrt of tom between the desires of the mf.mbcrs or F..DDA , as they seem to wane to improve the di !•rict, .1nd what the belt use is for this pr-:.pcrty . Tht assessment method, which was based. cssc:ntially, on parking stalls and requirements, has bet.n pres.~nted , and it is obvious that especially ;es1aurants paid an i:xccptior1.!.lly large percentage of The cost of these '.mprovements , and we're being told now, th:t lhe EDDA dc,csn't think that is fair , and. indt~d. it may not be fair . However. I'm willing 10 vote for the resolution to have a public hearing. he said to dctennine whether staff and EDDA con come up with a method of a.,scssment that lhe businesses, especially, suppon. He said he did not wanl the City 10 be in a position of tryin& to decide this on their own. and wouli like to hear from the business people on this. Mayor Bums also wanted to know if we can get together r .. 1 proposal for development of the Parkway Broadway corner, which he fell definitely need, to be developed, and was willing to at least go to a public hearing to see if the appropriate parties can get their du.cks in a row on an assc~smcnt method. He said he also understands from our discussion at the Study Session that the restaurants could get together and euentially present a petition that lhey don't like the assessment method and if they are over 50 percent they can kill it. He said he would like to hear from them. It is kind of a late matter and the discussior. was hardly conclusive at the S1udy Session , but he said he was at least willing to go to a public hearing 10 see if this should go any further. Bui , he noted, he was doina so with some reluctance. because he thought it could be put together, much better than we have at this siace anyway . We have two or three different stages in the public hearing and the decision-makin& procw, and he sa id he W.!S willing to, at least. go ro the first one . Council Member Garren said he has difficulty with this resolution for the following reason. The purpose of fanning this district , the protections and the needs . is basically for the development of that comer. He fell the comer could be devel oped in a very responsible way. ir, coopcra1ion with EDDA, without having to go through taxing and doing 1 special assessment on those propenies. We may nm get there, but I would like to explore that option first. he said. The proposal of possible senior housing on that comer wu mentioned earlier. We have two examples. he said. One is the example of how the system worked. When there was an issue that was brought up. EDDA brought their concerns to this Council and Council evaluated those concerns and voled 10 not proceed. The second example is how when you do things al the last minute it causes confusion. he sai~. In tha1 case. all that VOlC would ha\'C done. which was the purpose of us to even apply for bond proceeds. was for us to go forwnrd only if we got a project that was suitable. So that is sort of like this. We're saying lets have a public hearing o1nd sec what is going on. but EDDA didn't want to go through even thal process . I don't want to go 10 that level of coniusion al 1his point when I think most of this Council is committed to parking for the merchants and developing that parcel. Mr. Garrett stated that if we cannot get our dc\·elopment act together, which. he opined. by the building we arc sitting in, we h.ave shown we mllY be slow but we produce decent results ... we may want to pursue that with the Urban Renewal Authority and the City to develop 1ha1 parcel and with EDDA, without having IO go lhrousJ> a special assessment. Council Member Wolosyn said what Council Mr.mber Garrett says sounds great. She asked if that was some1hing we can make a finn commitment on ;is an ahemau vc 10 this . Mr. Garrett acknowledged that Director Simpson was son of bun~ once by us . unfonunately, wi1h the direction Council gave him . That he noted , is his personal vi ew . We are commiucd to developing that parcel. he said. and we made one anempt. We have a lot of development projects going on and, he opined. we are commiued to developing that parcel because we do own a piece of tt,.u. Mnyor Bums said. ii Council voles to continue. to at least have the public h~ing. he would like to hear from the EDDA on whether they would be willing to work with the Ci1y on a joinl effort to try to develop Eapw,>o,1 City Council JIiiy 17,2000 Papl6 l nucO ~Id 00111 l~t1 l~H•: i1 ,lul ~ !J'·"' that comer. He recognized that it is an important issue right now with them. If that satisfies them, l'llher than having the assessment, I would sure like to hear from them on that issue , he said. Mr. Ouren said, when they were asked for their response during Srudy Session , if they were willing to do that , the Execu tl ,·• Director said they didn't we about having a special auessmen~ u Iona as that parcel was developed properly . That was what was sa id. Council Member Yurchick said he wanted 10 go on the record that he felt the process with the hearing would give the people a chance 10 speak for themselves and if they waot to raise the eight hurdred and some thouund dollars !o develop the parking lot, then , he thought , th"y should be given the opportunity , but if they don't ... then he thought that would come out at the public hearing . Mr. G:uTClt said he was concerned about the de velopment issue . Mayor Bums said he was equally concerned about the development issue and he would sure like to hear from these business people . if we have a public hearing on this . Mayor Bums asked if there was any other comment or discussion . Being none. he called for ~~.: vote . Vore mulls: Ayes : Nays : Absent : Motion defeated . Council Members Wolosyn. Yurchick, Bums Council Memben Garrett. Br.idshaw. Qn:t,l;s Council Member Nabholz Mayar Bums said the resolution failed for lack of a majority . 12. General Discussion (a) Mayor's Choice (i) Mayor Bums said we had. in this building . one of the moJt memorable events in the City of Englewood . He saio he would like to thank each and every member of the Council for all the worlc they have d~ne on these projects and in support of the Light Rail, and especially the members of the staff, City Manager Som, and all of the staff members that have worked so tirelessly, first , to make the move lo this building , and 10 top that off with a celebration this weekend which went on for two days here and three days total. All the displays that were in this building, in the lobby and ou1Side and all the wo,k that was done, especially by Pauletta Puncerelli and her staff, on the entertainment and the food vendors and beverages, it was just a Herculean effort. He thanked Hank Long for allowing us to pl!rade everyone who wanted to go to the rest room through the Library . It was wonderful exposure for the Library . He said we had a luncheon for 350 Light Rail supporters and they were really impressed by this building . He said he would like to thank lhe Museum of Outdoor Arts. Mayor Bums stated he would like to see the Museum of Outdoors Ans promoted mu ch more than the y were this weekend. He said he wasn 't sure i( people even knew the y were up there . But the y have 11 terrific office and facility . and we have to show it to the public . It was a very special weekend . We panicipated in the ribbon cuning s on Friday and at the special dedi cation in Littleton, he said , and we had a band and ball oo ns and everyth ing else . It was like a country fai r down there . Everyone came back for the luncheon and were duly impressed by this building . He again ext ended hi s thanks for a reall y wonderful weekend . Council Member Brad shaw seconded what Ma yor Burns had said . adding that she really felt Ma yor Burns dese rves credit for a job well rlone . Ma yor Bums said thank you. (b) Counc il Member's Choice (i) ('ouncil Memoer Bmdshaw : • • • l!apwood City Council July 17, 2000 ldl•()(1N•l~n~l hOU! "I tlul l'lpl7 M 'I I. She said Council all =ei• ed Steve Schalk ', letter in their packet . She felt she needed 10 ruse the question of what we an, going to tlo on lhat. Number one, she fell then, was a good response from Oiroctor Gryglewicz 10 City Manager Sean as far as the Gothic Admissions Tax . She said she could undenrand Mr. Schalk's confusion, but most bl•.siness owners just attach that extra fee 10 tickets. She said she did not want to set a precedent and fell that 'NC need to get back 10 him as soon as possible on that. 1 really don't nm IO see us set a precedent that we forgive taxes that are designed as a revenue stream for our citizens, she said. ~he said she did not know what Council wanted to do, but she fell 1axes that are assessed should be paid, as far as owning an entertainment venue in Englewood. Ma~'f)f' Bums thought Mr. Schalk gave Council some numbers on his gross revenues and that sort of thing that he had never seen produced . Maybe l missed them in there some where, he said. but I wanllj to compare the forgiveness of tax he was asking for VtffllS the revenues he had . Ms . Bradshaw noted ii is related 10 his revenues, but he just need to add a surcharge to his tickets to recover lhat. Council Member Garrett said it is son or like a franchise fee . It is just a line item or the bill and that is what most businesses do. Mayor Bums said he was a linle confused. He asked if Mr. Schalk was trying to say that if he doesn't get lh is tax forgiveness he can't swvivc. or wu he asking for a little more ability to make a profit. Council Member Wolosyn said she was confused when he said versus Boulder and Denver where they get oolhing, which isn't the case . When she heard lhal she lhought maybe we are hurting ounelves by hiving a tax ro one else has, but lhnt is not the case. City Manager Scars advised that after doing funher rC5C.1.TCh what we did find out, as I understand it, is if there is an event held al a City owned facility in Denver and the performers arc paid , they do pay ten percent tax . But Den.,er theaters do not pay an admi ssion tax and they do in Boulder. Mayor Bums asked if Mr . Schalk had said how thal affected his competitiveness. Mr . Scars said he just presented it to the Council. Council Member Bradshaw felt, 1f you make :1 decision 10 go into business. then yo u need to have a business plan. 11nd you :ud to be aware of all the ordinances and things that affect yo ur business . Mayor Bums noted that his letter said that the Goth ic is at a great disadvantage with the three percent Admissions Tax . Ms . Wol osyn said. to the extent that he was comparing it with other like venues. like the Odgen and the Bluebird . perhaps he is. but he shm Jd jun factor that in 10 hi s busines s expenses . Mayor Bums tended 10 ag,ec. He felt it was a confus ng case . Council Member Gan·en fell. if ii was possible , we sh(,uld sit dow n and lry 10 work lh rough 1his wi1h him . He said he knows this will be a burden on City resourc.~. Mr . Garren sa id he has done a great job of restoring lhe Gothic, and that he did no1 wa nt to say, no. this does n't make sense . He aske,J that someonr. sit dr ,..i n with him that has the ability to articulate what is goi ng , , ,.,Id to work throur,11 lnis . Council Member Bradshaw noted it would be so meone fr om the Depanment of Finance and Adn ii nistrative Services . Council Member Grazulis concurred . Mayor Bums suued he wanted 10 recognize that Mr. Schalk hns gone to rather ex ccpt:o rual measure~ resto\"C this building and initiate this business . EqJewooo Clty Council July 17, 2000 P ... 18 ii w, J ,1 J tu,ow•I• 111 "J 1111I "I 'l c'I f-nank Gryglcwicz. Director u(1F1nanci! and l\dmin1stratlve Services . said suatT would be more than glad to work with him. He felt there was some confusi an cm ho•v it i.J to be added. It is added into tho ticket price, and ii is ac1ually no1 hirn paying i1, )u1, •••lho,. it is lhe r .:uple lhDI come and vi ,il lhe Gothic. They do UM: City services, and 1h11 i, why there i1 this tax, OO"~~e ,hey do come in and lhere are fire. police. those sons of scr\liccs, and they are not free, he saw. Dircctjf' Cry~ 1cwi,;2 Mi ,I he wu more than willing to work wilh Mr . Schalk. Mr. Garren uked that Mr. Gryglcwicz make sure. whc1 they are having their discussion, that they are all speaki ng the same language. Right now I don't think we are, he added . Director Gryglewicz repeated 1hat he was more than willin& to sit down and work with him on this. He fell Mr . Schalk mi&),1 have been audited and 1hcn found ou1 he was supposed 10 be collccuog lhi, and he is liable for 1hc 1:ix and was probably unhappy at that point in time because the audit went back and saw that he should have collected those taxes and he hadn't included those in the 1id:e1 price. So I think some education is in order. he said , and we c:i.n work with him. He is a valuahle resource ro the City, so we would like 10 make sure his busir,es s is successfu l, so we are more than willing to work with him to resolve this, he said . Mayor Burns thought that was very enlightening . because if you are audited and had 10 pay it a.II lalCr, that would be difficult . Council Member Yurchick asked if Mr. Scha lk could spread paymcncs over a period of lime. Mr . Gryglewicz said that has been done num,'Ous times with ow-taxpayers, and we can make arrangements with that Whatever works for .m that· s rea.sonable. May"r .Slums asked 1f he is still liable 10 pa)' that . Mr. Gryglewicz said yes, add in~ :hat he believed he had already paid . I'm just saying that he is somewhat upset over tha t because it does cat mto his profit When you are collecting saJcs lax or admissions tax u you should ; nd then remining it. the City actually pays a ,mall fee for the administration of thaL But when you find ~ut you were supposed 10 collect but you didn't. you arc still liable for it and it comes out of your bonom line. it is very painful. It is no longer an administration; it is out of your pocket So we will work wilh him and contact him and see if we can come 10 some good resolution . Mayor Bums asked, with all the in1eraction we had with him during the construc tio n period. why did he not know that he was supposed 10 collect this . Director Gryglewicz felt he h3.d so m3.ny th ings going on with ge ning the building open a.nd his certificate to get open, that it just slipped his mind . Ma ybe we needed to educate him a litt le bit more . He cou ld have been on our side but . as I said. we're willing to work with him and hopefully resol ve this because we arc 11. pannership wi th all our businesses . Mayor Bums agreed that it was better no t to act like a hamme1 .;..'let e'lforcc laws, but to work wi th people . He said he h:is had many comments over the ye .. , ... that the City really docs work with our businesses. Mr . Gryglcwicz said their succes s means our succe ss. so we want them to be viable. Counc il Member Grazulis asked Mr . Gryglcw icz 10 also convey to him Council's concerns . 3.Dd ow- willingness to help or work with him . Mr . Gryglew1cz sai d one of us will give him a call. 2. She thanked everyone fo r the help with the Citizen of the Year c lcbration . She just wanted 10 le e everyone know i1 was very ni ce an·J special. (ii) Council Member Grazulis: • • l!apwood City Coundl July 17, 2000 Pqe19 In 11 1,utr,..•·~J >irO~ "'I 1lcl I t~ I. She said she wu thinkin& that, perhaps, u a Council, if we have not been to the Gothic, maybe we could do it u a Council effort. just 10 see and experience it and perhaps convey to the people •bout iL 2. She 11.lso wanted to talk about the fireworks. She thanked the police division, because she has lived here for twenty-one yws and never had such a quiet Fourth as this, precedins and afterwards. She knew they did a good job because some graffiti artists conveyed a me,sage regardin& the poli ce depaitment on the back of one of the buildings and it showed that they were doins their job. That has si nce been removed, she added . Especially with the fire that took place in a house , which looked like it could have been firework induced , It was very alarming, she comme nted . ). She advised that lut Saturday, at about 9:30 p.m. she went with he r family and took another fr<e ride tc see what we could. 10 Mineral l1nd back and got off 11 each station along the way and it wu s.ti.:J standi.1g-room only at 9:30 on a Sa1urday night. To listen to the co mments at every station was very. very inrer.:stin1,. Of courg, they still refer to this as the Cinderella City stop. but that , too, will change in time. h the bus slop on Broadway, Ms . Grazulis noticed that a lot of them arc marked up and things have been scratched in •11 the pl astic . Perhaps if we could contact Rm to sprur.c those up, it won't take anything away from the bus ridership , which is a concern, she said . 4. She commented that Co uncil Chambers are great. This is my first session here , so thank you, everybody, she said. (iii) Council Member Yurch ick said he had just read Engineering Manager Kahm's letter that he 1s sending out to the residents, panicularly those along Floyd Street. He said he was at that meeting and fell r -. Kllhm has more than gone out of his way to meet their needs and address their concerns. (iv) Council Member Wolosyn : I. She said. in the aftermath or tonight's vole, she would guess that we would somehow approach them about future developmcnc in a timely fashion. and their efforts on behalf of th~ way they saw the process . 2. She asked. regardins the lener from AT&T to Leigh Ann Hoffhines about the right-of-way ordinance, if she could ge1 some explanation as to how tnis affects us . City Attorney Brotzman said absolutely. We have actually pulled the right-of-way ordinance , as a number of parties . including AT&T, had some concerns . Director Ross is reworking ii, and wr will be happy to answer yo ur questi ons. . .... Ma yor Bums sa id he looked again at the medians and planters on 28 5 west of Broadway . He fell the first one looks like ii reall y needs some weeding.a.sit did last year. But the next two by the banks. he said, he didn 't know wh:u the problem was, but the foliage just looks dead . He doesn·1 know if ihq ,ue i.'C:i ng watered or what the problem is. but they arc in pren y bad shape. Par ks and Recreation Director Black agreed the y a.re in awful shape . We had a mainline break that has not been ab le 10 be repaired because of aJI the work a1 the Ci tyCenter, he ad vised. so 1hos..: two in particular will have to be replaced, and we are wor;o ng on that now. But we certainly agree with you. h.e repeated . ..... Council Member Gruzulis said that, when she and her family were talc.mg the ir idc on Friday on the Light Rail, she ut nexc to Alex Habenichc on the way back. Ms. Habenicht made a comment that Ms. Gruulis agreed with. Ms . Haben icht 's comment was that, if the busineu 0"A11ffl who are positioned with their Eqlewood City Coundl July 17, 2000 Ii IIIW, I ) J ,-; I II l ~!l', I l111 Paae20 I •r b11cks up 10 the Light Rail could somehow all take a trip together. so they could sec how the backs of their businc-,scs look from Light Rall and how ii conveys a messaa;c for their business. maybe they would spruce their property up. If they did ii as a r,roup, then they could have a lunch or a field trip together and make comments about the other busincssc:.. Ms. Grazulis though1 it was a good idea . City Manager Sears said that was a good idea. th.it he would list that as a shon-tcrm item and give the suggestion to our Community Development Depanment. 13 . City Manager's Report (a) City Manager Scars gave special recog'lition to Open Space Manager Dave Lee, who, unfonunatcly . was not present Ir Council gets a chanct, please thank Dave for his lirclcss cffons. We would not have this project or the weekend done without his work and hi ,; crew 's work. Mr . Sears thanked everybody who worked extremely h1.fd, Safety Services, Public Works, Community Developmcnr. City Manager's staff and Pauletta Punccrclli in panicular .. .I can 't say enough about our staff. but Da ve Lee is just a gem to have in this organization . Mayor Bums thanked Rick K1hm. hecaus, he has hugged Mr. Kahm unmercifully the past few weeks . regarding the sidewalks an-1 the concrtte. Every day, it seems, we had a discussion on it. It wu a little last minute, he said. but we were done and ready to go for the r.hambcr of Commerce reception, and that also went very well. He thanked Mr. Kahm for potting up with him for the past couple of weeks. City Manager Sears commented that Mr . Kahm has had 10 put up wi1h you and me and just about everybody else . (b) City Manager Scars said let me go 10 1he budget. He asked Council to pull out the cale ndars. as we are looking a1 the projected public hearing on 1he budge! on September 18111• That is a regular Council mcc t .. 1g, and I just want 10 li s1 tha1. he sa id . Potenually, what we have is listed 10 meet a budget schedule, and it is up 10 the Council to give me your thoughts, but September 30!.li would be the projected budgc1 retreat We could probably do it a week curlier on the 23rd of September. but the 30th is wh:u we would have and then llUr first reading would be October 16. So off the top. he said. if you could take a look at your ca lendars, and let me know if that would be sui13ble for you. Mayor Bums said he just noticed that tl:c Rail-Volut1 on Conference is the next week , he ask ed if we arc quite heavil y participating in thnt. City Manager Scars said we will be, as we nrc a co-sponsor. Ma yo r Bums noted the Rail Volution Co nference is October -4111 through 7dl . He asked if lh:it would work . Cnm rr.unit y Development Director Simpson said he did oot bc!icvc there would be any significant problems and he would not let that be a hindrance. Mayor Bums said he gl'esscd the Ra1l -Volu 1io n Co nference is not a problem. Mr . Sc ars said, right now . we will plan on the retreat on September 30111 and we will probably mce1 at Wastewater . He noted that they had talked about going somewhere else next year. Council Member Bradshaw suggested we could have ii here . Mr. SC37s said he would like 10 go someplncc where 11 1s a little more informal and we co uld cenam ly have the bujget retreat right here on September 30•. • • Mr. Scars said we need to get voluntccts from the Council to work on Council's budget. Council Members • Bradshaw and Grazul is did that last year. Mr. Sears acknowledged Council Members Wolosyn and Gra.zulis for volumcering 1hi s year. He asked if that was okay with t 1c Council. Council Member Bradshaw sai d :s. Mr . Scars said okay. we will be working wilh ye u on that. City Manager Sears advised that all of the departments arc pulling the preliminary budget together. We an, looking 10 bring the proposed budget 10 Council Septembers•. • Eqlewood Clly Council July 17, 2000 Pa1elt (c) City MAMaer Sean 14id he would like to discus, the community mecling room . He asked Assistant City Manaccr Flaheny 10 come up and I~ that discussion. Mr. Sears sni d we ne ed some direction from the City Council on uu1c. We have given a draft to the slaff, and they pulled these policies together . Mainl y our office has pulled 1hcsc policies toaether on the use of the Community Room. and we are starting to get some demands both shon-tcr m and Iona-term for the use of th is roo m. He noted llw lhc problem with this building. and this room. is 1h:H there ilrC some limitations in terms of so me service groups, in particular Lions Club 01 any ot her cl ub. using it on a perma.ncnl basis. Assistant City Manager Aaheny said the new buildina does offer us a lot of oppo nunitics , but ii also presents some challenges for us. We have II variet y of rooms that we have available for use for meeti:.'5. Early on in our move procclS, he said, one of the subcommiuces 1hat we cs~blished was 11 comrriitce 1h11 would work on how we would address 1he use of these rooms, bo1h in terms of internal use and external usage . Whal we have romc up with is a fr am.:work, or policy. if yo u will, and we wanted to have 1hc opponuni1 y for Council 10 give us some input and direction, if you choose 10 do so, with rcaard to how we address those requcslS that we receive. ln fact. he said. since we have been in the building . we have received numerous requests and that list is growin& every day. We ha ve not acted on any of the requcsu as yet, except for the internal request foe the Monday ni1h1 study sessions u well as various departments lhat arc planning training sessions and thinp of 1h41 nature. But, he noted, we do have a number of request& that we need 10 sWt addressing relatively quickly here, and that will double, more than likely. when our cultural space is ready and the list of uses will probably change in complexion, somewhat, as well. Mr. Flahcny said he wou.Jd like 10 run through this with Council quickly ... the information that was provided in th~ir packets . We nre proposing that the third Ooor conference rooms be reserved for City uses, including City Council, boards and commissions and City dcpanments, he advised. We arc proposing that the Community Room . right here on the second Ooor, the Anderson and Perrin roo ms in the Library, as well as the new cuhuritl ans space. when it is co mpleted , be a\lailable for both City and public use; .:tind depending upon your direction, potentially for so me pri\l.:tite uses as well. The Library will remain responsible for the reservations of the Anderson and Perrin Rooms as they have been done in the p.1St, and they will provide those rooms . at least during normal business hours. which is bas ica lly Mi>nday throu&h Thursday from 8:00 a.m. until 9:00 p.m., and Friday from 8:00 a.m. 5:30 p.m., at no charge to the ir users. This is basically the policy 1hc Library has provided over the past SC\ltral yea.rs and they would m.:e to continue that. With regard to the Communi1y Room, we believe that the size of that room anj the availability of the catcrin& kitchen makes it a different type of use and makes the potential users much more numerous and much more potentially demanding on us in tcnns of se rvices. Ob\liously, if we are going to provide that room, we are looking at providing a number of setups, whether for a lecture , 3 general meet ing wi th 1ables and chairs , or so me Olhcr 1ype of use inc luding party type use. What wc '1e looking at for the Community Room is 10 ha,·c the City Manager 's Office , along wi th input from Public Works, our buildin g main te nance function, to respond to those requests rccei\led for out si de use for the Community Room . Parks and Rccrc.11ion will be responsible for the cultural ans space when 1hat facilit y is up and runnin g. and Parks and Rccrcoti ons hu also agreed that the y will 1:ike the respons ibilit y for booking requests for the ou1door plazas when those arc co mplete. because that is re.1ll y pan of the func1 10 n 1hat Parks and Rccrcati~ normally provides. We olso believe. wu h the cxccp 1• in of uses for City related use s and 01her government rclotcd use s th:u include meetin gs of communn. ntcrcsl as well 115 Cit y ~po nso red and potcn11all y co-spo nsored events, tho! !here will be no charge for 1hc Co mmunit y Roo m. For ot her uses, which co uld include nonprofi1 service org nniz:iuon s. Englewood pri vate citizens, private use. nonrc11dcn1s. nonprofit . a varie ty of users that we potentially co uld have. -.·e are proposing 1hat there will be 11 charge for th e use of the roo m and ttul.t lhosc rates be m II range that arc S1milar to what Parks and Rcc rca1 io n is cune n1l y geumg for their facility, as well as our s\lf"vcy of other cmes with a si milar l)'pc of community rooms . One of 1hc 01 hr : lhmas , th at Ci ty ~an:igcr Scars mcnu oned, 1s th at we would hke 10 iwoi d, at least 11 th,s pmn 1 m ume, sc heduling outside org:miu11ons that have regular , sc heduled mcc11ngs . We arc lfymg to avmd :iny use that wo uld be on ao ongoing bas.u , panicu lnrl y if it co ul d po1cn11ally 1n1erfere with the Cit y uses or require us to have staff here after hours on a rcgul~ basis , The other elements that we want to talk about , iu leas1 broach with the City Counci l. he said. is that curre nll y. or previously, in the Ci1y facilihcs, alcohol use has not been permiued . Because the ownership of chis building and this property is ac tuall y under a pnvate foundouon, we're looking :it the opronunity . the oplion, and we 've actua ll y already done 1h11 once with Co uncil 's appronl. to permit alcohol service fo t 50me limi1ed specia l public occasions as may be ap pro\led by City Council. Obviously the permit holder wo uld be requi red to apply for and get appro\lal of the Liquor Licensing Eaalewood City Council July 17, 2000 Paae 22 ) l) b ""''' rt'I '"I ,lul '""!l"-1 Authority for 1ha1 special event liquor license. The 01her thing included in tho.t package is a sauplc of a permit for the uses of the Community Room . With that . it indicates the process for obtaining, permit. It 1alks about the rules and regulations including the maximum capacity for the room which is set by our fire marshal at 159, the hours of use of the Community Room in terms of the building being open, and fees and chugcs for the use of the Community Room. which we have set out at this point in time as follows: rcsic!ent fees, for either resident businesses or resident organizations or resident individuals at S20.00 per hour . Mo.yor Burns asked if he could ask a question . He fell Mr. Flaherty should clarify that. llS it is both organizations snd individ 1Js . Mr. Flaherty said that is correct. Nonresident use at $30.00 an hour. a food service fee or use of the k1 Lc hen facililv ai 510 an hour, and other areas. if available. Those would be ns we did with RTD: we made the atr.um av;ilaMc for RTD, he recalled, but was not sure we would do that on a regular basis . As a marter of fact. I'm rcla1ivcly sure we wouldn 't or couldn't do that on a regular basis for private functions. he said. because pillticub.rly when we have court in session and other activities that could be impacted . Setup fees for any special setup requirements . would depend on what the setup is. After hours use . if someone wanted to utilize the facility on Friday night or during the weekend when we norm1lly don't have staff here. that would be an extra charge of $2S .OO an hour . Security fee. if required, woul,J be based on what. .. and we 're basically proposing :it this point that it either be an Englewood off duty police presence or the presence of our contract security firm that we currenlly have with the Cowt. And that would be based on the type of event whether or not we would require security . At this poim prohably an event with alcohol service would require security. If it was an event that is potentially corr.roversial in nature, we would probably be looking at some level of security as well. At this point, Mr. A1herty asked if Council had any questions. He added that we have had requests from rhc Museum of C:utdoor Am very recently, this morning, 10 utilize the Community Room for an opening of an an exhibit, the a.rt exhibit that is being put up now, for the weekend. One or 1he things that we wanted to be careful :,,bout before making a commitment tc, the Museum of Outdoor Arts. was if it is held on a weekend, we don't have staff here , we would have to bring staff in and there is a cost imolvcd \l,rith that. Mr. F1aheny proposed that we address that in our policy. thal we include ei1her City sponsored or cosponsored events and that we deal with those on a one by one basis . Clearly. he said. I don't want to assume that we would be reql!ircd or encouraged to hold events on a weekly basis that would have a cost to the City. However, if we did have an organization, like MOA. or other community organizations that wanted 10 have an event here during the weekend, thal the City could choose to cosponsor and we could do that without a charge. Council Member Bradshaw commented that she did not realize the kitchen was not a kitchen until she ran in there 10 get some ice with Sue Bradshaw . She expressed disappointment in the scope of the kitchen and the facilities there . One of the reasons we wanted to have a community room with kitchen was so that service clubs could meet. like Rotary, Lions .ind Kiwanis, she said. She felt th at is community, &nd that it is really important that we welcome them . She wondered if that kitchen would be the scale that they car. use . .She stated she really has a problem with 1he fact that Englewood citizens' private use is delayed until January. because she knows there have been som e organizations that have called and asked . She recognized that we need to watch 1he policy bul . it is our cit izens' Civic Ccmer , and we 01,,, not need to lose sig ht of that. Mr. Flaheny responded that. in term s of private use. wha1 we are referring to there is not necessarily organizations. whether they be service or otherwise. but we arc talking about. for exampl .~. someone's private wedding reception . The reason that ii was suggested that we hold off for the remainder of this year was just 10 see what other usages we wo uld have tha1 were truly community uses. I am not suggesting that we would not change !hat or could not change 1ha1 . he said, but we were a little co ncerned about the level of activity that we were going 10 have in the Community Room that would be on 1 community basis or an organized basis berore we got into wcctdirig receptions. bar mi1z va hs and 1hings of 1hat nature . Council Member Yurchick askcci if we want 10 get into the rental hall business. as that sounds like the direc1ion this is going. in looking at weddings. bar mitzvah s and other private functions . Ms . Bradshaw asked where 10 draw the line . • • • • Eqlewood City Coundl July 17, 2000 Pa1e 23 I.th , ti h 1ld!111 { ooo: "'I ,1ul J"J:11.'I Mayor Burns said he was a little swprised to hear that , as he did 1»1 think we would be hoating wmding receptions either . Mr . Flaherty said the intent is th.u we would not do that for the remainder of th is year. At some point. if it is Council's direction that we do thar, we could do that. Bui at this point in time. we are proposing that we don't do that until 2001 at the earliest. Council Member Bradshaw said she did not have nny problem with lhe Chamber of Commerce, Neighborhood Watch , the Lions Clu'l. DRCOG, RTD, those kinds of things, ~JI her co ncern is that there might be some confusion as to where the boundaries for MOA are . They have part of their space. and I am so proud that they arc here and they really :ire a positive asset to this facility. ~he said, but I do think there needs 10 be some limits set Mr . Flaherty said the City has concerns, likewise, panicularly in terms of those events that would be held after hours in which we would have to provide staff here. That is a concern and the question thal I wanted to bring up to Council in that particular case, he said . is that something the City Council would choose to sponsor or not. and. if so, how many times a year? Council Member Bradshaw asked if their area could spollSOI' it That is why they have the MOA area, she said. Mr . Flahcny said he was not sure of their intent. On this first exhibit, obviously, their exhibit extends beyond the gallery. It extends into the Community Room and into the atrium and the assumption is that they wish to open up that exhibit and utilize that area where the art pieces are displayed. Mayor Bums asked if they having a special reception for this exhibit. Mr. Flaherty sai d it woul d basically be an exhibit opening, and assumed that that would be a rccep1ion type opening. Ma~1or Bums said that would be open on a daily basis for some time, because that would interfere with the use of the building . Mr . Flahcny said their gallery. per 1.hcir contract. is accessible to lhc public on a daily basis . The issue that we arc 1alking about is whether or riot we want to make the building available for their special exhibit on a weekend when we are not normally open for business . and we would have to provide staff here to open the building and provide security and janir.orial services . They are just looking at the reception fo r two days, Friday and Saturday of mi d-August, around the 19th and 20"' or the 20th and 21st of August Ms . Bradshaw expressed concern over the appearance of impropriety in 1ha1 we let a pri va te organization ha ve access and we don ·t lei the ci tizens ha ve acces.-:. Council Member Yurchick said he thought th at was what the ex1ra four thousand feel was for, that they got pri ority 10 use tha1. Ms. Bradshaw agreed . Mayor Burns asked , once 1hat is set up and they have tenant finish ove r 1here, if !hat would be an appropriate place, for lhcm to work with the Parks and Recreatio n 10 ha ve their exhibi1 ove r there . Mr . Flaheny said he was not sure of what the layo ut of the roo m is going to be . Mayo r Bums said we talked about having presentations and lectures and things like that. in that extra space that you would be in charge of. He asked if !hey could have an exhibi t. that is an especially large one, that would sort of spill over into that space without having to access the Community Roo m Pnrks and Recre:niou Director Black said absolutely . What we had tillked abut was programming that area . There is a priority that is sci up in tcnns of the City being the rirst priority. then the programs we have there, then cooperative programming aw.I then. he said, I think it is · "OA use . But, he said, he thought tht.. 'C were II number of programs that. between the City and MOA. they can work togc:thcr on. Enpwood City Coundl July 17, 2000 Pn .. 24 lt,uu•,' 1,1 J lJnt1lf·1IJ:,n -f Ooo~ .\f vlu( '.t, ·1 But , he noted. h. ~,ouat,t p•n or the intent of tho agroement was 11111 there would be a nwnbcr or usqa, ninety uses per year, where 1hcy cu n use 1h11 si te llS well, if the City is not using it So I think. that is ccnai nl y appropri11tc, iie said . Mr. GDZTCtt asked when they anticipate ii will be finished . Mr. Black ~id thret to four months. Mayor Bums said, it seems to him that maybe what they arc thinking of is if that :i';>at:c was available they wouldn't even be asking for the Community Room. Council Member Wolosyn said usually when you have an art opening, you want people to see the show. She felt ii is a onetime only, becau..c you want to show off your own premises for an opening. However, this son of little synergy we are doing hcre ... thcy arc making the building look grt4t right now, that might be some lhing 1hat could be explained. an extcnu.111ing circumstance . Ms. Bradshaw said we had to draw the line as far as what spaces were available, and now she can see people son of saying they won't use that spaoe because they con only have that so many times, but I'll use these other spaces. Ms. Wolosyn said she would hate to see us gel into a thing where they~ ~oing to say they are DOl going to put :irt in the hallways . Ms . Bradshaw did not want to see that. either . Ms. Wolosyn asked if we would say this is a onetime onJy . Ms. Bradshaw said, i~ they want 10 put their a.rt out, tha1 is fine . But she also fell that we can reciprocate with an opening or so mething like lhat. We need to watch it. Council Member Wolosyn agreed. Mayor Bum s agreed . Council Member Yurchick sai J, if it is a oneti me deal , he did not like the idea that, if we don't gi\'C them that. they :iren·t going to put 1heir an out. Council Member Wolosyn said she just wanted LO avoid anything like that. Ms. 8r3.dshaw fell we could . but this is Civic Center .. .it says. Englewood Civic Ce nter, and that is for ci tizeru or Englewood. She felt Council needed to look at these and get back to him. Ms. Wolosyn said she did no1 know if it was in their agreement to put an in our building . Ms . Br.ild5haw commented th a1 1here were children caught pDinting in the Community Room, among other thin gs gorni; on. where the y were ovcrsiepping use. Ms . Wolosyn agreed tha1 was something to be ad dressed . Mr. Flaherty said one or 1hc things 1ht MOA reprcscnt:itivc ment ioned. when the y rcqucstt".d the usc or lhe Communi1y Room , was that until the cu hural ans space is av1ilable. they would like to usc the Communit y Roo m. Fr;i.nkly. we will h3vc si~1il:ir is sue,; once th.ill cuhural space is avail.ilblc because we •viii sti ll be looking al those added r-r .. .s !Or after hr·us a-...1ivi1ics in which we have to have security and/or custodial ser\/iccs . So 1hc iuuc is gvi ng 10 be the same. but in a different room . Mr . Garrell felt the iss·1es were sl :gh:j~• J1ffe.ent between t:1esc two rooms , because we have a contractual relauoMhip with MO .\ 10 use 1hc ~ultural a:ts spac.e lnd unfonunatcly it i~ jus• not quite ready yet. He felt • that. frorr. ·ma1 he hei.td . !.h: policy dec ision we will have 10 make is if wt ::ioose to take the MOA an and • put it in the Cf':runun ty Room. tha1 wc·re saying we may have to open that up, we're sayi na they could have" reception . M,. Garren cor:.mcntr-d that if we say we arc going to have different an in that room, not MOA art, 'tA.hic t-:., :me . lhcn I think we can actually make it easier. Bcc:i.use they have already talked ab.J ut puuin~ an in there and 1 think opec we open that door, if they have a showing, the an is in there . Cou nci l Member Bradshaw suucd that Ro. .ary LaPona (\ff:tcd to put art in there 100, at a price. l!aalewood City CouncU July 17, 2000 l'lp25 Mr. Garrett said lhoso are lhinp we need 10 diacuss. Ii, •un l ,ti I hon 11 11"! I fl! ,t'I 11ut di IJ::t 4 1 Ms. Bradshaw agreed . She said she really wanted to sec Lions Club meetings in here on a regular basis, that is why we put that room in. She said she wuted Rotary, if they want to meet here, ai>d Kiw.-'lis, if they wart to meet here She pointed out tha1 that ii why we put that room in. Mayor Bwns felt we could accommodate those service clubs from lime lO time. but did noc '.hink wt1 were set up to do 1. every week . That is going 10 be 11n awful lot of meetings cv-!ry single week. he noted. Ms. Bradshaw said 1h11 is why 1h11 kitchen is inadcqua1e for thnt use. and ;he thought th.111 is why we did it City Manager Scars advised tha1 we ac1ua.ly have a forn1:11 request from the Lions Club 10 use that room, and we will meet with those people. if tha . is Council's c.'ircction . Counci£ Member Bradshaw said yes. City Manager Scars said that if they do come back with 111c request for addition.~! kitchen spncc or whatever, we may bring that back to the CoW1Cil. But we need to meet with 1hem, he said. The ouly concern is that if we do have that weekly meeting and there arc some special functions that you want to do, yo u can not be served lhetc. There may be some occasions jusl like the RTD meeting. or luncheon, or some other luncheon we may want to have do ·he road. And if they're in there. they're in there. We may forego some other activity. which is fine . If 1e direction we go. then we go that way. Council Member Yw-chick said on the back o ,r.. 1orm it says you can cancel a meeting with 24-hour notice. Assistant City Manager Anheny said we put that in as son of an out if we: needed to do that. But.. frankly, wt'rc not looking forward to calling somebody J.nd telling them that we had to cancel their meeting, , p.uticula.rly if tt.cy paid out money in advance. Ms. Bradshaw said she felt that is why we have a Community Room. Sit! allowed that she might not looking at it the way they were. but maintained that is wh ) we have a Commu nity Room. C:01u1cil Member Wolosyn agreed. She felt the Community Room should evolve over time as a place 1¥htn: there is An opponunity for others . Maybe the Lions would have to understand that every once in a while they would have to "Uss a meeting just because it is a big community and it can't end up being just service clubs. We don't know how the rommunity will evolve. Maybe the residents over there. at the new Trammell Crow will wa nt to have mec1ings e ,ery once in a while . She felt swc they would unch:rsund that They arc men of 1he world. Somc1imcs it is give and take. she said . Ms. Grazulis 11SkCC1 if they would be as mad for MOA using this room if the citizens were also allowed to use 11 at the same 11mc. Council Member Bradshaw asked for clarification. Ms . Grazulis said if the citizens didn 't ha ve a restriction right now, and the y cou ld stan using i1 also. and ii was for everybody, would you be okay with them using ii 1hen ? Ms . Bradshaw said she did nol know MOA was allowed to hold classes in the c,,illmuni1y Room . Mr . Flaherty thought they had had a request for 1wo d.:ues to use the Community Room for a class, that is 001 a painting class . Basically the reason 1hcy requested that is because our or~~r room is not available, he said, and we have informed MOA that 1hosc uses . wf-.stevcr uses they h:.ve in the Lommunity Room, will coum against their uses of the cultural :i.rts space. when that actuo.lly 1s availab lr... Council Member Br:i.dshaw said she was upset because we aske<!. ciuzens for their input to build this hui ld ing :ind now we 're saying they can 't use it , that your organization can't use i1. Ms. Grazulis said when she saw that a red nag went up , because i.hc also felt our citi :.ens should also be able 10 use it right now and so she was also concerned with that. Mayor Bums thanked Mr. Flaheny 11nd his ~oup for doing work on thi.;. I f I l!qlewood City l:OWldl July 17, 2000 Pqe26 Mr. Flahcny said they do want Council's input We know that we're not going to go forwud with policy until we hove \.'-1hat direction and input Cuuucil would ca.re to give us, he said. Mayor Bums said, with the service clubs, if 1hc kilchcn lsn~ expanded, that is the logistical problem of getting the food in here and they would have 10 cater it. He asked how much that would c05I. Mr . Flaherty said right oow we have a holding kitchen, and basic•lly it docs require a calerer to provide food services. Council Member Bradshaw replied that that is no t what she understood we were building , She thought it was a full •scrvice kitchen . Ms. Grazulis 1hought so. (oo . Mayor Bums felt Council was saying is it is going to take more discussion . Mr. Garrett commented that it is a perfect study session topic . (d) City Manager Sears expressed his th!lllks to Frank Gryglcwicz , \.ou Ellis and Brenda Castit. for the codcbonks that Council now has . A lo•. of work went into those. s.> than)c.1 10 them. (c) City Manager Scars advised lhat John Brackne y, of the Couuty . nti.., oned several times about a trip Ulat many people throughout the county arc going to be taking to Virginia tor a emergency response program. It i,; basically S75.00 for about a week in the middle of November in Virginia for this. 1 here are many mayors . managers, council people, and we also have Chris Olson and Jim Ulrich who arc planning to go . They do have one additior1al slot for a person in Englewood, a council member or a staff member. he said , and he just wanted to raise that to rec if there was a council member that would be int erested in going for II week in November. They have three slots for Englewood and a waiting list of lhin ,-five people. Mr . Garren commented that it seems like II staff person would get mure out of th is. Council Member Bradshaw agreed . Mr. SellrS said he had not made up my mind to go or not. He felt he pn,;Jabl y would go. but wanted to give the opportunity to a council person because there will be a number of mayors and council people and commissioners that will be there . It is a great time in November for that. so he felt he would probably plan to ancnd that. (0 City Manager Sears thanked Council for all their support. commenting that this really is a great success for this community, and that he has a really great staff. Evuyonc has worked so hard. he said . and he wanted to say thanks . 14. City Attomty's Rtporl (a) City Anomc) Brotzman advi sed that we need to revi sit Agenda Item 8 (i). There was a reason that 1he resolution read something other than Code Enforcement. he said. In talking with Sue Bradshaw. there is no opening on the Code Enforcement Advisory Committee . There is no slo1 . so Council will have to have another vote to wi thdraw 1he appointment to that Committee . Council Member Bradshaw asked what J. L. Barr.cs resigned from . She wa s advised that J. L. Barnes resigned from the Keep Englewood Beautiful Commission . Mr . Garren asked how we got that messed up . City Anomcy Brotzman said he had oc idea how that happened on 1hc agenda . Mayor Bums commented that it wasn 't exac1l y ac curate at the interviews and he understands 1hat. with the rush of the mo ve. it was difficult . Ms . Bradshaw said she thought we had straightened it out. COUNCIL MEMBER BRADSHAW MOVED, AND l'f WAS SECONDED, TO WITRDRA W THE FORMER VOTE DN AGENDA ITEM 8 (I). • • llapwood City Coadl JIiiy 17, 2000 Pap27 Ayes : Nays : Absent: Motion carri~. Cowx:il Memben Cllnett. Bradshaw, Wol01yn. Yun:hlck. Otuull1, Bums None Council Member Nabholz Ci1y Anomey Brotzman said if Council so desiru, we can make her lhe firsl al1ema1e like we did wilh several other mer then . Council Member Bradshaw said okay . Council Member Garren said ttw was a good idea. Mayor Bums said lets do that. 15 . Adjou1111m11t MAYOR BURNS MOVED TO ADJOURN. The meeting adjourned a1 9:30 p.m. ~d.0.