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HomeMy WebLinkAbout2000-08-07 (Regular) Meeting Minutes• • • 11 ,,.,o, ~1n h,,011.,ljn·t 1100! .t 1;u~u/ . .: :1;:ifLIJ ENGLEWOOD CITY COUNCll. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Repbrs.toa Aqmt7,2000 I. Call to Order The regulu meeriDg of the Englewood City Council was called lo order by Mayor Bwm al 8:08 p.m 2. IDVMltiOD The inv( :ation WU given by Council Member Nabbolz. 3. Pled1• of Alletlaace The Pledge of Allegiance was led by Mayor BUTDS. 4. Roll Call Present: Absent: A quorum was pre11en1. Council Memben Nabbolz, Gruulis, Gvmt, Bradshaw, Wolosyo, Yurcbiclc, Bums None Also preseol: City Maaager Sean 5. Mlnutu City Anomcy Brotzman Depwy City Clerk WbiJr City Cert Ellis Fire Manha! Groeae Director Olson, Safe\y Services Senior Planner Still, Commuaity Development Director Blaclc, Parb and Rtcreatioo (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 17, 2000. Motion carried. Ayes : Council Memben Garren, Bradshaw, Wolosyn. Yurcbiclc, Gruulis, Burns Nays: None Abstain : Council Member Nabbolz 6. Scheduled Visitor, (a) Jonalhao Manning , 3828 South Inca Stteel passed out a packet of information lo City Council. He st11ed be bas n:sided in Englewood for the put five years and during that time be bas bad many experiences, some good and some bad. Whm be amndcd Eoglewood High School , he said, be played foo1ball , -.lied and played lacrosse and in these ,pons he excelled and grew, nol only as aa alblele , but also as a pcnoa. He advised that be was captain in footboll and wrestling. Mr. Manning DD!ed be was also blessed mougb by God to take tbe4A, 215 pound, State Clwnpionabip in 1999. Besides sports, he said, he was also active in the sebool. He waa involved in rtudent gov,mmeat, being a n:pn:smtative in his junior year and being elected to the office of Stuuenl Body Hi51orian his senior year. II ll Enslewood Clly Council Auaust 7, 1000 Pas• l He anended Boys Stale where he lelnlfd to how anvcmmc:nt operated and be helped set up his own government He leam:d parliamentary procedure and came bnck and taught it to Englewood student government. After graduatina from Enalewood. he said, he attended the Colorado SchO'll ofMinr.s, wht!rc be also wrestled . Mr. MIMing staled that durina an incident in June of Ibis year, be was subjected In profanity, degrading remarks and denial of rights . The officer who stopped us, he said, lied in his report by saying that I used profanity in wai·s that I did not He chose to omit the fact that he used profanity, not once, not twice, but several times. Mr. MaMing staled that the only rime he used profanity was in response 10 being called a name, which he then responded that in his opinion the officer was that name. Tbc obvious injury to my wrist was ignon:d. even though there was 11 whhc bandage around his finger and wrapped around his wrist. The handcuffs were placed direclly over t!uee marks on his wrist from the Arthroscopy he had had two weeks before . His plea 10 ha\'C his Mists re-cuffed and placed in front of his body, because the way he was sitting was very uncomfor111blc and made his wrists throb , was also ignored. He was not :;eat belted in in the police car, even though he requested to be seat belled in . About a year previous to this incident, he said, he was in a roll-over where he wu saved by the grace of God and his seatbelt. A linle more r,cently he had a good friend, Russell Nortnan, he also anended Englewood High School and placed second in State wrestling, he was in similar accident and died , simply because be wu not wearing a seatbelt . I thought there was a State law about seat belu, be said. Because they are police officers , does that entitle them 10 ignore lhe law when they plcue, he asked. What really unaz,s me, be said, is that I was a passenger aod if the vehicle was truly being stopped due 10 a faulty tail ligh~ then why was I, the passenger ... as I w~ minding my own business ... harassed by a police officer. What compeUed him to lie about smelling alco:101 on my breath. he asked. Mr. Manning ad\'ised that he had been on antibiotics for the previous two w·.:eks and he was still on Vicodin. He srated he believes it is because anyone W1der twenty-five, out after 9:00 p.m., is targeted by the police department. Mr. Manning explained that his refi.Lsal to take the Breathalyzer was based on the fict that not only was he not drinking, but the officer also refused 10 tell him hi, rights . Instead of,imply staling 1h11 be was required 10 do so by law, lhc officer began 10 curse at him and call him names . After he signed for his release later that night. he was taken before the officer who stopped them. Mr. Manning asked if be was released and if be could have his 1.0. back. he refused for fifteen minutes, because he wanted to and. in fact did, lecture him. After alread y signing his r<lease papers , he said be repeatedly uked him ifbe had been r<leascd aod ifhe could have his personal propeny back. The officer's reply was to continue to lecture him with a profanity filled lecture, he said. He maintained that he was never given an y random warnings or an opponunity to call someone for cowiscl. The real kicker, he said, is that the driver did not receive a ticket for his taillights not working prnperly, nor did he receive an alcohol ticket, C\'en though be registered a point zero one on the ponable breath test Of course, he pointed out, that reading can also register if the person has used a mouthwash or ccnain cough syrups . However, he emphasized, the same person, who did not recei ve a ticket , was coerced. IA-ithout Miranda warnings or counsel, to make a statement that he, Mr. Manning, bad been drinking . When he didn't put my name in his statement . he was 1old that his statement wasn't good enough . He was told he had 10 use my name or he would go to jail. Mr . Manning said he didn 't know that evidence gathered by coercion was good police work and be didn 't know that profanity was a professionally accepted standard of the Englewood Police Department. I know now, be said, that police lie and do what !hey want and in the words of the officer 1hat Slopped his friend 's \'Chicle, "you have no rights , the police arc in control." I have now experienced wha1 I have. previously, only heard from my friends "watch out for certain Englewood police officers, they do what they want." So in conclusion. he said, his question is ... when ,s 1hc City Council going 10 recognize 1ha1 1here arc some unprofessional police officers in the Englewood police dcpa.rtmcnl? Those police officers 1h11 ha\·e 1he1r own agenda . And when arc the police going to stop targeting youth as criminals because the y arc. merel y, undc: the age ohwcnty-fi ve? (b) Fred Manning, 3828 South Inca StrecL said he wanted 10 tiUc about the acuons of the Engle'W'OO<l Police Department. In response to Mayor Bums . Mr . MaMing advised tha1 he is Jonathan Manning 's father . Mr. Manning said that he has always head that ~ou c-an c11ch flies better with hone y than vinegar. bl!.: :ie Ujun.:: vinegar kind of guy . He said he likes to SO) things bow he thinks they arc, whether people like to h,;ar i1 or not One of the things that is most offe1LS1vc 1s the f1c1 that the police can do what they want He suncd that ifhc was to speak. in the same manner that this officer spoke, he would be hauled in for disorocrly conduc~ he would be pissed off, but the officer hu the ri&ht 10 do that, he i, allowed to , because ... guess what.. .nobody does anything about it. Nobody comes down here and says • E ....... ood Cl:y Coundl A11&11tt7,ZOOO P11el 'I boott!Jljn t lJ fl .. t' • JUI I anything, because they expect nothing lo happen. The avenge citizen docs not come 10 your moeliac, because he expects nolhing at all to happen. That is why be stays home and plays with bis remote or aoa and play, a sport or does somelhing else. Mr. Manning advi...t that be came down 10 the meelina, beca.. he thought Council bas lhe opportunily lo do something. He said he thought Council needs 10 lhillk about it The pn,vailing queslion he n,ally has, he said, is when did you decide 10 luue your kids? Think about, he said, the police laJiel people unrler twmly-five . When you come down Broadway after 9:00 p.m., Ibo people that an, stopped an, under twmly-five . They ue not people over IWenly-five, Ibey ue under twenty.five . And what arc their crimes? Driving with a broken tail pipe, waving their a.rm out the window, having their headlights on high ... some stupid little reason, he said . It is all prc1cxt and this has gone on for generations , it is not a new thing . For some reason. either because of the ignora nce of youth or because they have no say so in politics or anything else , they get targeted by the poli ce. Tbcre arc banlc.ers, real estate developers. presidents, other people held in high esteem. who are bigger crooks and criminals and nolhing gel! done aboul lhem. But he noled, we have lo target the youlh. Why is that? I don '1 get ii. he said. Why is a quesdon like .. whal ue my righlS?" supposed 10 be an insult to a police officer. Why should thal be a challenge to llis aulhorily? Do you expecl your righl! if you get Slopped? Do you expect 10 be treated in a professional manner? Docs that typically happen to you because you are over twcnry-flve? Mr. Manning said be is at least twenty-six and be hasn 't had this problem for a long time. But wben he was under twenty.five be wu stopped over fifteen times . Why? Because his car wu older, he was under iweniy-five and guess what .. he was a profiled person. Because, be insisted, if you ue out afler 9:00 p.m., and you ue nol over iw,niy.five, you ue a problem, you mu5I be a criminal , lhere musr be somelhing wrong with you . What are you doing going out and having a good time? Why uc you out with your friends ? Why ue you going places? Why ue you playing laser '"8 at 1 :00 a.m. in the morning? There musl be something wrong wilh you . That Mr. Manning staled, is lhe attitude lhal pnevails. The other thing is equaliiy. Why should our children lhinic Ibey have equal righlS? If! wen, 10 turn uound and pull my panlS down and moon lhe Ciiy Council , be said, I would be charged wilh indecenl exposure, I would have a sexual crime on my record the rtst of my life , because lam a civilian. But other people in the Ciry do the same lhing and ,II lhey do is get a n,primand and lose a little pay. Well , !here 's a problem then,, be said, there is something about equality under the law that doesn 't exist if you're under rwenty-five in Englewood. Now, ue all lhe kids liom lhe lligb scbool here ? No they uen'I. Could Ibey be hen,? Well, he said, I think Wat's possible if that is what you want. He said maybe we can organize some marches for you, so you can get some good press about the image of Englewood cops . Because, guess what? There arc a lot of kids that don 't appreciate bow they have been treated. they don 't appreciate that the police can get awa y with tittle white lies, because they arc the believable adults, the ones who 11re the standard of the community. Well, guess what? Sometimes . be maintained, to make the little probabl e cause or the indictment or whatever else they are looking for ... the truth gets stretched just a little bit. Sometimes to protect your salary or yo ur job. the truth gets stretched a little bit. Now, he noted, I could have come down here and used the sat11e profani ty that the cop did. for shock. value, and Counci l would be totally offended. But, you see , because this happened to someone under twenty-five it is no big deal. Becawe, guess what, if you arc under rwenty•fi ve you are a liar, that cop couldn 't have done that, you couldn 't have been treated that way ... it is not possible . But, Mr. Manning stated. it is . He said he has been around the high school for the last five years and you can ask Mr . Pierson , the principal, the janitors , the coaches and a lot of the teachers and they will tell you that I suppon the Irids. I have been a schoo lteacher, be added . Mr. Manning stated he hears at th e high school and everywhere else that the y aren 't treated fairly , they aren 't treated the same and he just thou ght Co uncil would like to know. (c) Doug Cohn. 305 1 South ~fmon Street, stated he was addressing Council this evening as the unoffi cial spokes man for the businesses along South Broadwa y. He said he wanted to talk about three things fairly quick ly. The first one is 10 sa y dut Council did a good job, that Ibe y arc pleased with the work. that bas been done on the sign ordinance and the revision of that sort of stuff. That is a good thing. The rtvision has been needed for a long time and with everything that has been going on wi th the redevelopment of th e CityCenter, the y apprecia te Counci l taking the time to look at that whole issue. Mr . Cohn said he appreciates the work the City is doing wi th the repavin g and the new loolc along BroadYny. He opined tha t that is a good thing fo1 all of the small business people and the y do appreciate it. Even though last week the y had a meeting with Mr. Sears and some fellows were fairl y disenchanted with the disruption on th.a • ,..ne Sunday mornin g. Mr. Cohn expressed his appreciation for the work Co uncil did on lnalewood City Council Auaust 7, 2000 P11e ◄ lhe sidewalk sale ordinance , u well. So that is lhe good stuff. He stated that a lot of them are cODCemcd about the Acoma Street parking loL They realize that that is a fairly valuable piece of ground and be suspects that a developer could come in and offer 1101 of money for that piece of ground. He said be wanted to let Council know that that piece of around is wo very valuable to the mercbants along that street. He staled that be really wanted to urse Council to keep lhe merchants in mind. They apprcciat< everything Council bu done for lhem and they are a linle worried about their parking loL They need the parking loL he said, and they have come to depend on lhe parking lot for all the cust omers who come to visit their businesses . From a ccnain pollll of view, be said, be thought they could even argue thac the merchants go a long way towards paying for lhe parking lot wilh the sales taxes lhc City gets from lhc custo mers who park there and buy tbings from us and from the real estate taxes that the owners of the buildings pay. He acknowledged it is not a direct payment. like it would be if they were rcntina it from the City, but it is his contention that I.be businesses arc helping to pay for the parking lot. It is notjusl vai J 11 land, wit~ pavement on iL to lhem. he said. It is really important and, be said, he doesn 't want Council to build a high-rise office building or something on iL 'flllL be noted, is really all he wanted to say. 7. Non-scheduled Visitors (a) iloy Rouse, 2916 West Union Avenue, said he just wanted 10 comment on a couple of different things, mainly the inconsis1cncy of our police patrols and coverage. He noted they have bad an issue going on for about three years concerning truck traffic and speeders over on West Union and the thing continues still today. They are instructed to call in when these things are happening aud, be advised, lhey do get some exrra coverage when they call in. Bu t, he ooted, they an: there for a couple of days for foW' or five hours and then they don ·t sec them for several weeks or a month. Then we call in again and here they come again. Mr. Rouse advised that the trash is starting to reappear on their lawns, the dust and commotion and pollution is starting to come into their houses again and the trucks are coming back and they are coming back strong. We really don't ".\-a.lt them there, he said, and he didn't think Council would want lhem running in front oflhcir houses ,veryday, all day. The olher thing , be said, as Mr. Manning stated, is the targeting of anyone under twer.•y•livc. Mr. Rouse said be bas beard of that going on for more lhan thirty years and be was targeted lhat way once when be was a youlh. He said be actually dido'! live in Englewood at that time, but be said if you don't live here, stay out of here . So it is not a new problem. be said, it is something that is fairly consistent iLDd we want it to be consistent the other way, the good w:i.y. On a positive note, he said. be would like to show some appreciation for the notice be received in the mail a co uple of days ago . One day last week he left his gange door open all night and he received a notice in lhe mail that an officer on patrol bad no1iced lhat and wrote a nole and came back and checked on that. He noticed it was still open in the morning . He though! that was a nice service. They reminded him that be should keep a linle closer tabs on his garage opening aorl that he appreciated. So, be commented , he is not here regarding totall y negati\"e things . there are some positive things about the Englewood police patrol and be bu heard• great many of them Bu L he said, the negative things really do stand out and Ibey wo uld like: to have more consistent coverage. better coverage 10d, possibly , just some more personnel. Mr. Rouse said be doesn 't know where the budget stands in getting more personnel , that be knows everyone is short of police cove rage . Everybody needs more policemen. Mr. Rouse said he would like to sec them be more consistcnl and he would really like 10 sec them slop targeting guys under twenty-fi ve . lftbat is an issue. he said. maybe we can address that in the Englewood paper we get every month, maybe an explanation of that (b) Mayor Burns advised tha1 they asked Ben Greene, the Fire Marshal. 10 commcnl on the fire we had in Englewood today . Fire Marsbnl Greene said n seems like when he shows up it is usu3 ll y .iftcr some thing has occ urred . Unfortunatrly, be noted. be rccc1\·cs the phone ca lls the morning after and one of the phone calls he received was from a concerned citizen who lives O\'er in that area who wanted to lcnow what we were doing about the issue concerning Waste Management. He said he has already co ntacted people from Tri-County and also from U1ilities and they arc worklllg together to try to faciliuitc a meeting between us and Waste Management so that what occurred last rught hopefull y won't occur in the future and hopefull y we "i ll be given some answers co ncerning air quality and other issues. • • • lnclewood Clly Council Au1111t 7, 2000 Pases iha ,, IJC0-1 oot ,r 1,11,,u, d~J 41 Mayor Burns uked that Mr. Greene explain what occurred last nigh!. Mr. Greene advised that about 10:30 p.m. lut night we received a phone call concerning a fire at Waste Management. When the fire CNWI anived ii wu a fairl y involved fire with trash build-up in their ttansfcr s11tion. The fircfighlm were then, until almost 8:00 a.m this morniog pulling the rubbish oul of the buildill8, e.,tinguisbing the fire and dealing with the smoke and the run-olTand all oflhl1. Fire Manbal Greene said that as he undcrs11nds ii, very little run-off was acl\lllly pul inlo the Plane from all the firefighting ac1ivi1ics The 11 .. 1 step, 11 leut from his point of view , is to deal with the environmental issues that may have occurred and also to prevent 1h11 from happening again. Mayor Burns uked if the fire wu confiocdjus1 lo the lraSh and not the sttuctures or that sort of thins. Mr. Greene advued that they have altoady bad stnu:lurll engineers ou1 there, but be haso 'I received thc report yet. It appears , he said, that their structure is still sound, the fireproofing appears to have gone off of the structure, but those issues have yet to be addressed . (c) Fred Manning, 3828 South Inca Street said be was probably out of order, bul be just wanted 10 say somclbiog p<><itivc. Which is that there are some good Ei,gk'lr,\,od police officm, be is 1101 s:1ying it is all of them, but it is tne ones wbo are unprofessional and it is the policy of targeting youth that be is opposed 10. Also, be noted, he is leaving because be bas been up for about 24 hours because of bis work. So, he said, he is leaving not because he is disinterested. but because be needs to get some sleep , (d) Chris Olson, Director of Safety Services, advised, regarding the Manning incideo~ that this is pan of an internal investigation. The investigation is jwt about complete and it will be twued over for disposition after that point. He stated they will be looking at all sides of this story, because as usual with these, there arc always two sides to the story. But if appropriate action needs to be taken against the officer named in these allegalions ii will be done . That will be determined when we are done, he said, and he will get a chance to review it and he will get input from his senior staff as to what course we should lake. He effiPbasiud that this is being looked al very seriously and we will lei Council know !he outcome of this , in some fashion , probably in Executive Sessic,11. 8, Communications, Proclamations and Appointments (a) A resolution appointing Tara Holmes as a Youth Member to the Englewood Public Library Board was considered . Mayor Bums noted this is the second board she has been willing to serve on . The resolution was assigned a number and read by titl e: RESOLUTION NO. 72, SERJES OF 2000 A RESOLUTION APPOINTING TARA HOLMES AS YOlITH '.\.1EMBER TO THE PUBLI C LIBRARY BOARD FOR TIIE CITY OF ENGLEWOOD , COLORADO . COUNCIL MEMBER BRADSHAW MOVED, AJ'ID IT WAS SECONDED , TO APPROVE AGENDA ITEM 8 (1) -RESOLUTION NO . 72 SERIES OF 2000. Motion carri ed . Ayes : Council Members Nabholz, Garrett, Bradsha w, Wolosyn, Yurchick. Granliis. Burns Nays : None Mayor Eiums no1 ed Ms. Holmes was not pre se nt, but th:i.1 she wo uld receiw: her cenificate and pin . He expre ssed his app reciation to Ms . Hoh>es . Jn respo osc to Counci l Me mber Grazulis, Dire cto r Black confirmed that Ms . Holmes wiU be serving on both boards , the Parks and Recreation Commission and Publ ic Library Board. En1lewood City Coundl Aup1t 7, 1000 P11e6 9. Public HHrlDI No public hearing wu scheduled btfon: Council. I 0. ConleDI Astada } IUO) ll,) b<,u,r,l:u~ Oi'I ~ :1f.Jl,. ir'I COUNCIL MEMBER GRAZULIS REMO\/ED ITEM 10 (•) (I) FROM TIIE CONSENT AGENDA. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I) and (II) ANJ> 10 (b) (I), (II), (Ill), (Iv), (v), (vi), (vii), (vtil), (!JI), (1) and (ii), (a) Approval of Ordinances on First Reading (i) C'OUNCIL BILL NL'. 65, INTRODUCED BY COUNCIL MEMBER GARR£TT A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A S7,500 GRANT FROM TIIB COLORADO DEPARTMENT OF LOCAL AFFAIRS (OOLA) FOR ENTERPRISE ZONE MARKETING AND ADMINISTRATION . {ii) COUNCIL BILL NO . 67, INTRODUCED BY CGUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING A SECOND AMENDMENT TO AN AGREEMENT FOR ENGLEWOOD CITYCENTER BE1WEEN THE CITY OF ENGLEWOC•:1 AND RTD. (b) Approval of Ordinances on Second Reading (i) ORlJ0/ANCE NO. 51, SERIES OF 2000 {COUNCIL BILL NO . 48, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING TffiE 16, CHAPTER 4, SECTIONS 12, i3 AND 14; AND CHAPTER 8, OF THE ENGLEWOOD MUNICIPAL CODE PERTAINING TO TATTOO AN!J BODY PIERCING ESTABLISHMENTS AMENDMENTS TO THE ENGLEWOOD COM PREHE NSIVE ZONING ORDINANCE . (ii) ORDINANCE NO. 52. SERJES OF 2000 (COUNC IL BILL NO. 55, [NTRODUCED BY COUNCIi . MEMBER GARRETT) AN ORDINANCE APPROVING Sl ·rPLEMENT NO . 148 TO THE SOUTH GA TE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARJES . (iii) ORDll<ANCE NO . 53, SERJES OF 2000 (COUNC IL BILL NO . 56, INTRODUCED BY COUNC IL MEMBER GARRETT) AN ORDINA,~CE APPRO\01NG SUPPLEMENT NO . 149 TO THE SOUTHGATE SANITATION DISTRJCT CONNECTOR 'S AGRE EMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRJCT BOUNDARJES . (iv) ORDINANCE NO. 54 , SERJES OF 2000 (COUNCIL BILL NO . 57 , INTRODUCED BY COUNCIL MEMBER GARRETT) • • • !apwood City Council A11&111t 7, 1000 , ... , li,uuo) 'IJI) hM.,,.,I:; .. 1 I 43! .~ IIJ¥UI 1,!l,!JL'I 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 SOUTH MARIPOSA STREET, ENGLEWOOD , COLORADO . (v) ORDINANCE NO . 55, SERIES OF 2000 (COUNCIL BILL NO. 58, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZJNG THE CITY OF ENGLEWOOD, COLORADO'S ACCEPTANCE OF A PERPETUAL CITY DITCH EASEMEITT J'OR 4,132 SQUARE FEET ALONG THE CITY DITCH RIGHT-OF -WAY LOCATED AT 4685 SOUTH MARIPOSA STREET. (vi) ORDINANCE NO. 56. SERIES OF 2000 (COUNCIL BILL NO. 59, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCl'-AUTHORIZJNG AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEW00D, COLORADO AND THE CITY OF CHERRY HILLS VILLAGE, COLORADO ENTITLlD "AMENDMENT TO WASTEWATER COLLECTION SYSTEM MAINTENANCE AGRE :MEITT • CITY OF CHERRY lfil.LS VILLAGE" WITH RESPECT TO THE MAINTENANCE OF AN AREA IN THE CHERRY IIlLLS VILLAGE WASTEWATER COLLECTION SYSTEM. (vii) ORDINANCE NO. 57, SERIES OF 2000 (COUNCIL BILL NO. 60, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE ACKNOWLEDGING AN "EASEMENT AGREEMENT" BETWEEN CHERRY HILLS COUNTRY CLUB AND THE CHERRYMOOR SOUTH WATER AND SANITATION DISTRICT . (viii) ORDINANCE NO. 58, SERIES OF 2000 (COUNCIL BILL NO. 61 , INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AMENDING THE CITY OF ENGLEWOOD COMPREHENSIVE PLAN TO INCLUDE A REGIONAL PLAN ELEMENT . (ix) ORDINANCE NO. 59 , SERIES OF 2000 (COUNCIL BILL NO . 62, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZING THE PURCHASE OF ARA>'AHOE RENTAL PROPERTY BY THE CITY OF ENGLEWOOD , COLORADO. (x) ORDINANCE NO . 60 , SERIES OF 2000 (COUNCIL BILL NO . 63, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZING A BUSINESS LEASE wmi DONALD BOWEY FOR USE OF TllE ARAPAHOE RENTAL PROPERTY . (xi) ORDINANCE NO. 61, SERIES OF 2000 (COUNCIL BILL NO . 64 , INTRODUC:ED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AMENDING TITLE 16, CHAPTER I, SECTION 8: OF THE ENGLEWOOD MUNICIPAL CODE OF 1985 PERTAINING TO ADOPTION OF THE OFFICIAL ZONING MAP FOR TliE CITY OF ENGLEWOOD . CO LORADO. VottrHu.lts: Ayes: Council Membcn Nabholz, Garren, Bradshaw, Wolosyn, ltn1lewood CII)' Council Au1ust 7, 2000 P11e8 Nays: Motion canied. Yurcbick, Orazulil, Bu,ns None (c) Re,1olutions and Motion, ,,,J111w') 11n lw,,.,.,,~11 l 0011~ t J,1,~uA 'I L.'I {i) A rccommendotion from the Depar!ment of Community Dcvelopmcnt to approve. by nY.·<ion, a profcuional service contract "ilh BRW in the IIDOUDI ofS27,296.00 for• feuibility study on a locai ci.cu.Jator shuttle was discussed. Council Member C-ni,.ulis said she wanted to add. as it states in here. that this shuttle would provide vital linkages between downtown, employment centers and CityCenter ltXI also some other routa. She said she wanted to make sw-e the routes include desri r:ition points like the Goduc , and things, from light rail, including potbAps some places in aoutbem :;ng1cwood. Some destination poillll, like a theater. 'Ihm: are people who wc,iJd lib: to get In that area. Mayor llwns said be thought the memo stat,d that scbcduling routes would be part of that analysis. He i:ommented be was sure that would be an integral put of it COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM IO (c) (I), A PROFESSIONAL SERVICE CONTRACT WITH BRW IN TIIE AMOUNT OF $27,296.00 FOR A FEASIDILITY STIJDY ON A LOCAL CIRCULATOR SHUTTLE . Vole results: Motion carried. Ayes: Council Members ~abholz. Garrer.:, Bradshaw, Wolosyn, Yurcbick. Orazulis, Burns Nays: None 11. Regular Agenda (a) Approval o "Ordinances on First Reading (i) Senior Planner Stitt prcsc:nled a recommendation from the Englewood Environmental Foundation to adopt a bill for .lll ordinance authori:ziog an amendment to the Englewood Town Ce nter Planned Unit Dcvclopmcnr ~i.,trict Plan Design Standards and Guidelines and to set a public hearing to gather publi c input. He explained that this will provide for add itiona l sign regulations for this development and we m: also requesting that the public bearing be scheduled for September 5, 2000 . Mayor Burns asked that Mr. Stitt explain 5ener.illy what kinds of signngc amcndmcn:s are included in this . Mr. Stitt e:q,laincd that the Planned Unit Development WI wos adopted by Council a year ago provid,,d for sign regulations that were taken from our existing zoning ordinance. At the time those regulations were adoplcd into the PUD we did not have a \'Cf}' complete pi cture of exactly what the development would be lilcc . Staff recognized that those standards probably weren't as crcatiV\. as necessary to really highlight this development. So. he noted. we pursued a course of re\'icwing the different types of guidelines available and this pa.st spring we retained:\ consultiot to help us compl('tc Jl.>se regula1ions with an eye towards the type of development ... the Wal•Man, tile Baily's ... the various elements, t~c res kien~,I piece, as we ll ns thi.s Civic Center. What we have done is put together a set of guidehoes thlt .;:!dresses the unique needs and circw ~unccs of this development , provides for .som.: creative types of signage, not unlike the types of ·,ignagc tL~ was approved by Council lor the Broadway corridor. He pointed out that it ex.presses the Wliquc character of this developmer.; and hopefull y will provide additional d~sign critcna for signage that is more compatible with this 1.levclopment. • • ln&lewood City Coundl A"1111t 7, 2000 P11e9 11 > 1 11, J I: J h1J u,l;,r.J. ft! IJ: "'1•11;111/ U ,, t'1 Mayor Bums aaid be undenllnda that the sisnaae bu been full y cfucusscd with the developer, Miller Weingarten. Mr. Stitt said ye,, they pmentcd this infon n•tion 10 Miller Weingarten and to Trumncll Cmw and we have discwsed the signage with Wal-Mart and some or the other proposed tenants ror this developl7lCDI. All or their commcnta have been included, incorporated, into the proposed regulations . Mr. Stitt advised that this waa colllidercd by the Planning Commission and approved at a public hearing a couple of weeks ago. COUNCIL MEMDfJR WOLOSYN MOVID, AND ff WAS SECONDED, TO APPROVE AGENDA ITEM 11 (•l (I)· COUNCIL BILL NO. 68 AND TO SET A PUB UC HEARING FOR SEPTEMBER 5, 2000 TO GATHER PUBLIC INPt'T COUNCIL BILL NO . 68, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AUTHORIZING AN AMENDMENT TO TiiE ENGLEWOOD TOWN CENTER PLANNED UNIT DEVELOPMENT DISTRICT PLAN ENTITLED "PLANNED UNIT DEVELOPMENT SIGN STANDARDS ." Vote results: Motion carried. Ayes: Council Membc11 Nabholz, Ganctt, Bradsh.aw, Wolosyn, Ywchick, Grazulis, Burns Nays: None • (ii) Director Black proscntcd a reconuncodation from the Department of Parks and • Recreation to adopt a bill for an ordinance accepting a Grant of Property for the continutd development of the Big Dry Cn:ek PedestrianlBike Trail. He said he wu very pleased to be here tonight ro talk about Council Bill No. 66 and 69 . Council Bill No. 66 allows the City to accept the King property that was pun:hascd for the bike trail. This i., one of the lut pieces that would ,Uow us to take the Bis Dry Creek Trail down to the Platte River. The property was pwchued by the South Suburban Park FoUDdation as part or the project and the City will accept the deed ror the property. The Deputy City Clerk was asked to n:ad the council bill by title: COUNCIL BILL NO. 66, INTRODUCED BY COUNCIL MEMBER BRADSHA IV A BIL L FOR AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A GRANT OF PROPERTY FROM TOM G. KING . Council Member Bradshaw noted this was a long, hot battle with this gentJeman an1t even at the last minute he had second thoughts . He ca.lied it a donation, even though he got money, she said . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (11)-COUNCIL BILL NO, 66. Motion carriea. Aye:-s : Counci l Members Nabholz. Garren, Bradshaw, \Volosyn, Yurchick. Grazu lis , Bums Nays: None (iii) Director Black piesented a recommendation froc., th,. Dcpartmenc of Parks and Recreation 10 adopt a bill for an ordinance authorizing a Temporary Cons1ruct1on Easement for Big Dry Creek BilwPedestrian Path. He stated that Council Bill No . 69 allows for • !emponry construction easement on three pieces of property. One orthem ia the former RBI proi ,rty, which wa, donated to the City of Englewood, the other is the King property that we just spoke about and the third i., the easement at the Englewood Conuncrcial Industrial Center. This allows for the temporary construction of the trail itse lf. EaaJtwood City Council Au1w1 7, ZOOO n > , bo,111 l:in'f P11e lO 000! ,r ll'U!,.!11 P s 'I Mayor Bwns asked when that would be completed. Director Blar.k advised that the schedule coils for completion by the end of this year. There ■re a number of grants out Ihm lb■t hove 10 be COft11le10d by this year. Council Member Bradshaw s■id she lhougbt Bob Scams was coming lo Study Session next Monday. Mr. Black said that w■s corretl. In Study Session. Council will 1'Ccivc on update about the c....,lele lrlil system. Mayor Bums said tha1 was wooderfuJ . COUNCIL MEMBER BRADSHAW MOVED, AND 1T WAS SECONDED, TO APPROVE AGENDA ITEM 11 (1) (UI). COUNCD.. BILL NO, 69. COUNCIL BILL NO . 69, INTRODUCED BY COUNCIL MEMBER BRADSHAW !, BILL FOR AN ORDINANCE AUTHORIZING A TEMPORARY CONSTRUCTION EASEMENT BETWEEN SOUTH SUBURBAN PARK & RECREATION DISTRICT AND 'rnE CITY OF ENGLEWOOD, COLORADO PERT AINJNG TO 'rnE BIG DRY CREEK TRAil.. Vole rcsullJ: Motion carried . Ayes: Council Mcmbm Nabholz, Garrett, Bradshaw, Wolosyn, Yun:hiclc, Grazulis , Burns Nays : None Mayor Burns thanked Director Black, his staff and everyone who has worked so hard on this . He said it is very exciting news . Council Member Bradshaw said they have done a good job . (b) Approval ofOrdiOIDCcs on Second Reading There were no additional items submitted for approval on second reading . (Sec Agenda Item 10 -Consent Agenda .) (c) Resolutioos and Motions There were no additional resolutions or motions submitted for approval. (Sec Agenda Item 10 -Consent Agenda .) 12 . General Discussion (a) Mayo~s Choice (i) Mayor Bums said Council attended National Night Out lost Tuesday and be wanlCd to especi:illy thank Nancy Pe1erson. who was operating uuder a considerable burden persona1ly b,r.ausc of rhc loss of her daughter. He slJted Ms . Pctmon was good enough to give some of Counc ;J pe1sonal lists of places 10 ,isit that night and Counci l appreciates the extra effort that took for her to parti.:ipate . (ii) Mayor Bums stated that, as they all know, wt closed with Miller Wcingancn la'il Friday, August 4111 and received $4 .9 million . And, he noted, we had a meeting with John Loss tonight and we are moving ahe:id with the fint building . He commented that it has been a lengthy ncgotia1ion with this entity and fu.atly we closed and we are very anxious 10 get them moving on their pan of 1he development. Along the same lines , he said, last week Trammell Crow Rr 1 !ntial submitted their working • drawings for the residential portion of the development at CityCcnter. WL . c a turnaround time of fifteen business days for City staff to revi-::w those drawings and we hope to have this whole process • • ED11ewood City CouncU AUIUJI 7, 2000 ' P ■1• II ) t!i l boOH~l!tll ~ (Hint t' u11:,u1 ti ~,1 completed in about a 100nth or six weeks , Mayor Burns stoled that wc look forward to having Trammell Crow begin to lay their foundatiom down and start construction. (iii) Mayor Bums advised that they uc being kept 1brcas1 of the progms of the roundabout He said he is very anxious to get this coaq,lcr.d, that there is some undcrJJ<>unding of utilities, in front of the old library, that has to be done and we are going 10 get some temporary lighting in there, He thought that should be open to the public at about mid-month . Mayor Bums noted that even though it says that only RTD buses should go through it the public is going lhrnugh it regularly and he bas done ii 1 couple of timc:s himself just to sec bow it works . But, he SIited, ii is iq,onant to get this projctt completed . (iv) Mayor Bwm emphasized that Council does appreciate the concern about the EODA parking lot and noted that the City is continuing to work with EDDA for resolution of that matter. (v) Mayor Bums connncnted !ilat we an: all very pleased at the use of the lighlrail. ~Je noted that it is about 30% above projections at tfris point and many Englewood citizens , and Littleton. South Jcffcnon County and Highlands Ranch folks , have virtually changed their transit habits overnight with the light nail and wc arc getting a lot of compliments on it. He opined that if they can solve the parking problems in future , that will help a lot too . (vi) Mayor Bums stated that we are pressing ahead with the General Iron project. We bad a productive meeting with EURA last week about proceeding with a plan toward a blight study and evenrual site acquisition and we are very anxious to move ahead with that as wdl. (vii) Mayor Bums noted that it is a rime for a lot of activity and celebration in Englewood this summer and Council appreciates the many, many people who arc working on all ofthcse projects and the Council members who have worked so well together on them. Ther: is a lot more to come in the next 18 months or so, he said, and Council appreciates all the input on all of these projects. (b) Council Mcmbc(s Choice (i) Council M<mbcr Nabholz: I. She noted thatshc received a letter of apology from our cmploy,cs at the police dcpartrnc:nt and she was very impressed, because she also had to write a lener of apology. She wu very impressed with this letter and, she commented, it takes a lot of guts to do lhat. 2. She commented that she also attended a couple of the nei ghborhood National Night ()\.1 celebrations. Director Olson was !.:i nd enough to stop by our ice cream social, she said, and it we, , , cry exciting time . She acknowledged thal Nancy Peterson is under a great deal of stress and she adrr ~r.:s the fa c1 that she is carrying on . (ii) Council Member Ganen : 1. He commented that. hopefully, we can continue to work on our issues on West Union. He said he didn't know how often police go by there . Mr . Garren asked that Council be given that information. 2. He ad vised Council th.it he would not be here next w«k. as he will be in our nation's capital. (iii) Council Member Bradshaw: I. She said one thing she wouJd like to emphasize and that is tha t she thinks our parks arc looking reall y good, that the medians on Broad~~y arc looking n:ally great but she still thinks we need to set the bar for how properties look in the City. She st■ted she would like to have stiff continue to do that bec■usc she thinks our City docs look good and puticularly the properties we own . EaaJtwood City Couadl AUIIIII 7, 2000 ,nu 1Jl ) lJ oa,l:.r. P11e l2 ooa .... rrn,aJ Ii ,~ 'I 2. She apologized to staff for the non•mcctiag last Tbwtdsy morning and noted we are going to try again. This is EDDA and City, she sa id. She noted she teaches interpersonal communication at the college and she doesn 't koow that it was her error, but if it was sbc takes full responsibility for it. Ms . Bradshaw commcmed that she really thinks it was the error of somebody saying set the meeting up at this rilne, we set the mcetiaa up at this time and then they chose not to show up . 3. She advised that the Tri •Citics meeting for Scptcmb<r is going to include a "ride the bike tnil." She talked to the lady from Ralph Schomp and she is goin11 to hive the E•bikes, which arc motorized bicycles . She noted we arc looking at changing that to a Monday around the 25• of September. Ms . Bradshaw sa id she would be getting more information out to Council and there will be a van or golr carts or something for those who don't bi.kc . We will work it out. she said . 4. She sai<! she read in National Cities Weekly abou t fast tracking approvals of permits for a fee. She said she didn't koow if we had looked into tha t or if we want to look into that, but she thought that might be a good id.,., 5. She commented that this weekend she drove the site and it is really looking good. If some of Council hasn 't had a chance to drive this area , she asked that the y please take time to do that. 6. She advised that at the Englewood Housing Authority m,eting on Wednesda y, we sold the house we built on Inca and it sold for S195,000 .00 , The price of the house we wen, planning to build for this school year r.ame out at about S250,000 .0C, she said. so we arc reducina the scope of that house because it would n,ally overbuild for the neighborhood . Ms . Bradshaw stated that the Englewood Housing Authority has purchased the Normandy Apartment House over on Pearl and we arc also working very closely \\ith Communi ty Development and purchased two properties on Galapago at a potential redevelopment site . (iv) Council Member Grazulis: I. She noted she also attended National Night Out in her ne ighborhood and they had combintd neighborhoods . She said they had bell y dancers with live music and jousters from the Renaissance Festival. Nancy Peterson stopped by, Ms . Grazulis said. and she really wanted to thank her, because after talking to a lot of different people, especially si x different familie s from Littleton, two families from Parker , people from Arizona, California and Mo.ryland. nobod y had ever heard of National Night Out So , she said. she had to applaud our City for doing such a wonderful job and she thanked Nancy Peterson . 2. She said she wanted to corrunent on the Youth Council response regording the gopcds . She opined they did a wonderful job of assessing the problems and she especiall y liked their idea about giving out the little cards from the police department. Ms. Grazulis stated she feels we should pursue that and go ahead Yti th it, ifwe haven 't alreod y. 3. She commented that she thought the trash collection information was ve ry interesting regarding the rcspooscs and she was not qui1e sure how to rake all of it. bu t it is intr:rest ing to sec how some people don 't care and how some people do . .a . She said she wanted to congralUlate Parks and Recreation regarding their reader 's choi ce awards . For the Englewood Recreation Center being the best workout fa cili ty, the Englewood Golf Course be ing the best golf course and the Englewood Recreat ion Center is the first runner-up fo r the best recre111ion center . 5. She stated she is concerned over the Concrete Works letter, addressed to Rick Kahm, wilh Harold Celva aoing in and asserting something ... saying stop the work. She said she wants 10 know how lhat filially coded up, how that came out and whit Mr. Kabrn thinks about it. • • • • Eqlewood City Coundl AIIIUII 7, 2000 •••• 13 h ,11110) nil ll1J1,1t'll:,tnJ l•IIU~ ,r lut~U/ I I •1~, 't 6. She s■id she 1w a comment repnling tho BOA . She asked i(, v.hco Din Brotzman wu asked to leave the meeting , the people on BOA were in attendance that evening when the ncighbon wore here presenting their true-life stories, when they made that decision. She asked if they talked to any of the actual people that were neighbon of Community Cares . 7. She said she had a question regarding the horsecar base. She said she wanted to know the ftitun: plans for it. Ms . Gruulis said she knows it will have to be moved in and out occasionally, but •be Milt! to know the plans we have to make it look better. (v) Couocil Member Yurchick: 1. He noted be received the letter to the MOA attorney and he wa nted to know if there was any response. City Attorney Brotzman said no1 ye t and so it will remain an open item. 2. He advised he would like to set up the landscape work on Santi Fe for discussion at a Study Session if it is not too lite. City Manager Scars s■id he would 111lc to Jerrell Bl,ck and they could schedule it for next Monday night. Mayor Bums said he wanted to recognize the fact that the y had a Stuo)' Sess ion tonight and 111lced about the Baily's building and tho participation, hopefully, of the David Taylor DIDce Theater in that bui lding. He stated he wanted to especially thank Council Mcr,ther Bradshaw for the work she has done with David Taylor over the past few days, in helping put together a proposal that Council can, hopefully, work on and digest. He said he appreciates her work. 13. City M1n11er's Report (a) City M1Dagcr Scan stated we are working on the CityCcnter Cel ebration on August 26•. The City and MOA will he working together on the event. The event begins at 6:00 p.m. that night and there will he dance out in the piazza . The Olde Tymc Fair will he held that da y as well, so there will be a lot of activity. (b) City Manager Sears said. in talking to Nancy Peterson, that she was very pleased with the suppon of Council and offered her thanks to Cowicil. People did step up to the plate regarding Neigh~orhood Watch. He advised that Neighborhood Watch is going to bold a meeting in ~cpterr.ber for their review . He stated Council will he advised, as they will bold their meeting here and they would like to h.ave a tour of the new CityCenter complex at that time , (c) City Maruager Scars said he wanted to say thanks again to l:us staff for their bard work. as it has been extremel y bard work . And be offered thanks to Dan Brotzman for pulling together all of the documents to get Miller Wcinganen taken care of and closed . It was a pretty sizeable project and staff really did a fabu lous JOb . (d) City Manager Scars recommended that Council go into Exccubve Session following the regular City Council meet ing to discuss a persoMel matter. 14 . City Altorney's Report (a) City Attorney Brotzman recommended th.at Council go into Executive Sessioa follow ing the regular City Council meeting 10 discuss litigation, laclewood CUy Colllldl A1111"1 7, 2000 P11e J ◄ l11nu1, ) ., II ) liut ♦tt•tl:,111 OOIJ!,,f 1IU~UI f I 'llll I. (b) City Attorney BrolZmln stated diat be would also like to r<eosnize the City Mamaer, staff, Council and the momhen ofEEF, becauae the six .)'tar project of aettina a rul estate devoloperoa line, for his staff and Mib Mille to finally conclude Iba piece of the puzzle, ii a very bia dw. 15. Adjournment COIJNCU. MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, FOR COlJl'ICU. TO GO INTO EXECUTIVE SESSION FOLLOWING THE RlGULAR CITY COUNCU. MUTING TO DISCUSS A PERSONNEL MATTER AND UTICA TION AND TO ADJOURN, Ayes : Council Meml>m Nabbolz, Garrett, Bndsbaw, Wolosyu. Yurcbick, Grazulis, Bums Nays : None Motion canied. •