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HomeMy WebLinkAbout2000-08-21 (Regular) Meeting Minutes• kuurn l I t ) !iun U'J\!Jc,. I \/1111~ .f ' Jm• IJ,. !. ''LI ENGU:WOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO 111 J Reaul1r Session Au1u11 21, 2000 I. Call to Order Toe regular meeting oftbc Englewood Cil)I Council w,s c.Ucd to onlcr by Mayor Bwns at 7:3 : p.m. 2. Invocation The invocation was given by Council Member Nabholz . Mayor Bums said he wanted u.s to rulize and recoamze how 1n1ch dedication the Safel)I Services people give to their community. He ukcd that everyone join him for a moment of silence for Denver Firefighter Roben Crump. 3. l'l<d&e of AllflllDCt Toe Pleclge of AUe&i.uu:e was led by Mayor Bums. ,. RoJJCIII Present: Absent: Council Memben Nabholz, Gruulis, Bradshaw, Wolosyn. Yurchick, Burns Council Membe, Garren A quorum was present. 5. Minutes Also present: Cil)I Manager Sears Cil)I Attorney Brotzman Cil)I Clerk EUis Senior Planner Graham, Communil)I Development Plannin& Analyst Danncmiller, Communil)I Develop1111.11t Director Black, Parks and Recreation Capital Projects Manager/Director Kalun, Englewood Environment.al Foundation Dire ctor Gryglewicz. Finance and Administrative Services Assist.ant City Manager Flaherty (a) COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 7, 2000. Motion carried. Ayes : Council Members Nabholz., Bradshaw, Wolosyn. Yurchir!.:. Grazulis , Bwns Nays : None Absent: Council Member Ganrcu Enalewood City Council Au1111t 21, 2000 P11e 2 6, Sc:beduled Visitors (a) Carla Vivarttas was scheduled to address Council regarding the treatment of the public by Municipal Coun employees . She was not present. 7. Non-scheduled Visitors (a) Christina Mann introduced her colleague Cathy Smith. advising that they are board members for the Colorado Chapter of the Amcric::m Institute llfGraphic Ans (AIC-A). Ms . Mann staled they were present to ask Council to partner up with them in something that their national organization has produced for a campaign called "Get Out the Vote ," She said it is a non-panisan poster campaign and they would like to ask Council partner up with them to have :1n official reception and opening and showing of the posters . Ms . MaM noted she brought some samples to show Council tonight. They would have some speakers and they would have one oflhc:ir own speakers, which would be one of the designers , come in and speak to their membership. The whole point of this is to get these posters out in as many public places as possible and they thought this was a beautiful, perfect venue for that. They showed Council the posters and Ms. MaM noted there an: actually about twenty different pos1ers ; this is just a sampling of what they have . She said, as she noted earlier, this is non-panisan and the whole purpose of this campaign is to provide a public service. She advised they do a couple of things like this a year and they have speak en and things for their own benefit, but this is something that would benefit the community. So, she said. these will be all over the country, hopefully i~iring people to get out and vote and to increase public awareness . lbey arc hoping to do this on October 4 and they spoke to Assistant City Manager Flaherty and it seems that that time period is open, she said. Ms. Mann advised that they have n:qutsted to use the beautiful Community Room She noted she has talked to different people in the building and they have said they arc supportive and maybe we can come up with ideas 10 bring people in . The y do a mailing, she said, and send out a broadcast, so maybe they could combine their list with the City 's list to try get as many people here as possible . Ms. Mann said the y arc hoping Council is supponive of that Council Member Bradshaw said she thinks it is great. Ma yor Bums said he thinks it is a good idea . He noted that October 4di is during the Rail-Volurion Conference . He asked Assistant City Manager Flaheny if that wou ld make an y difference . Ms . Mann commented that she was lold it was just before that She asked iftha1 was incorrect Mayor Bums no1ed it might be a workshop day. Council Member Bradshaw said she st ill thinks it is real important that we suppon getting out the vote . Mayo r Bums stated that he does support the program. Assi st.:m1 Cny Manager Flaherty advised that they have booked the Community Ror,m for the Rail- Volu ti on on Octobers•, we have no bookings for the Community Room. at this :::.,int, for October 4•. Mayor Bums said he understands that , he was just thinking if an y of our memb.:;1-arc signed 11p to actually attend the Conference downtown the y ma y not be here . But. he noted. he thought Mr. Fhlhcny was right , that the reception was on October 5di . Ma yor Bums advised Ms. Mann that he thought their program was ex cell ent and they should be congratulated for doir.g thi s as a public service and we would be happy fo r them to co me and ki ck it off in this building . Ms . Mann thanked him and asked wh o•n the y should be speaking with from this point on . City Manager Sears advised her to speak with Assistant City Manager Flabeny. • • • • En1lewood City Ccuadl Au11at ll, 2000 Pa1eJ r. • , ni ll.t0ot1 l.,.g.i GOO ,1! uu:,u.t. I ,,.a.'1 Ms , Mana asked if it was possible ~, put their poster, up until after the November election, if there wu any place in :he building that would be appropriate. She advised they could have 1he m moWIICd, that u they are anists, they can do lots of things ·o make them look nice. Council Member Bradshaw said she thouaJit Ms, Mana could work with Mr, Flaherty on that issue u well. Mayor Bums agreed u Mr. Flaherty is kind of in charge of bow we use the Community Room and we are trying 10 get some structure to that. Ms . Mann lh>nked Council. Council Member Nabholz asked if it was possible for them to talk to Dr. White at the Adminisaation Building about a smaller, scaled down, vmionofthis for our schools. She said she didn't kno-v if that was acceptable, but the kids do take these things home. Ms. Mann advised they would love to do tha~ that they have twenty different posters. with at least twenty or more of each one and they could probably Jet more. Their whole thing is to get this message out there, she said. Council Member Nabholz commenled that we ntight meet with the schools during our SchooUCity Committee meeting , Council Member Bradshaw suggested they cou..' • ill the District Adntillistration Building . City Manager Seut noted that be would be 1eein1 Dr. White, the Superintenden~ on Wednaday. H~ asked that Ms. Mann provide their card, n<ling that Mr, Flaherty should have their number , Mr. Seut agreed that we would set this up with the school district. Council Member Bradshaw noted that she teaches at Arapahoe Community College and they desperately need this out there too . She advised that their conw:t would probably be Dr. Williatlls's ICCttllJy. Ms . Mann thanked Council for their support . (b) Leon Piper, 2929 West Union. said be was a linlc curious as to why we even have a oolieo depanment. He stated we have a no truck sign on Union and Friday afteruooa, about 3:30/4 :00 a cen.:111 truck going wesl, made a right tum on Fedcnl and a lady policeman made a rig.bl tum off of Federal onto Union, with this huge CCIIIL ll truck there, She didn't bother, dido 't bother to stop, she never even blinked an eye. Mr. Piper pointed 0 111 that we could cut down expenses a kt ifwe could eliminate some of lhe help, because they are evidently 001 doina the job. There i.s no need 10 IDlk< ordinanc:es and not enforce I icm, he said. M,yor Bwns advised they will ask the City Manager to check in10 that and see whal happened, because we arc trying to enforce that He agreed that was not a good obse· vation Mi Piper happened to make there . He thanked Mr. Piper for coating . 8. Communlcatlons, ProclamatJons and Appointments (aJ A loner from John M, Goodyear Jr. indicating his resignation from ti,• Englewood Planning and Zoning Com.-nission was considered . !:OUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT THE Rl;SIGNA TION OF JOHN M. GOODYEAR JR. FROM THE ENGLEWOOD PLANNING AND ZONING COM'..ilSSION. Ayes: Council Membm Nabholz, Bradshaw, Wolosyn, Yurchick, Grazuli.s, Burns Enpewood City Council Au1111t 21, 2000 P ■&•4 N■ys: Absent: Motion carried . None Council Member Oamtt 111•1•JO , ,ti ) bua ,,~l11 n.l Olt\Jt .ff 1ltl~II/. ltt,:J 'f Council Member Bradshaw commented that she wasn 'I sure if there arc other people they could have appointed and if Counci1 bas to revisit that or have Sue Bradshaw revisit that, becawc that is the commission that we must have in full force . She suggested they break with tradition and go ahead and appoint someone who wanted to be on that commission. that they have already interviewed . Mayor Bums stated that is a good suggestion as the Planning and Zoning Commission is a pi votal commission and they arc doing an awful lot of work on very important milners that eventua11y will c·11~ before the Council. Mayor Burns said he wanted to thank Mr. C.,od~ar for his service . He commenttd that his letter cf resignation indicatn be is moving to California . Mayor Bums stressed that the Planning and Zoning Commission is a very imponant body and they do an awful lot of work. that helps Council. 9. Public Hearin& (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN A PUBLIC HEARING TO GATBIR PUBLIC COMMENT ON COUNCIL BILL NO. 61, AMENDING THE ENGLEWOOD COMPREHENSIVE PLAN TO INCLUDE A REGIONAL PLAN ELEMENT. Ayes: Nays: Absent: Council Member, Nabho!~ Bradshaw, Wolosyn, Yurchiclc, Grazulis, Bums None Council :\iember Gamtt Motion carried and the Public Hearing opened . Senior PlaMer Graham, being duly sworn. explamcd lhar the proposed amendment to the Comprehensive Plan would add a regional clement. This clement was a.Jticipated by the "Mile High Compact", which came through this body recently, he said. We hav, •sticipated this , actually , for the past two years, since the DRCOG board member,, who an: member, or Council , passed it at the DRCOG board le-:el. Bu~ he noted, along with many of the other cities. we were waiting to undentand the implications of this Regional Plan before moving forward to this point. Mr. Graham advised th.at this adds five core clements which att the tests for whether the local plans a.re consistent with the Regional Plac. One of the clements was alreaci. adopted by City Council in conjunction with the Transportation Improvement Project. That was the "Extent of Urbanization" provision. So . be stated. Council is really onl y looking at Open Space, the Balanced Mulrimodal Traru;ponation clement, the UrbU1 Centers clement and Environmental Quality, il.S new items for our Coq,rchensive Plan. He noted that these amendments would represent, probably, the most signif "'rtt amendment, at least since the South Broadway Action Plan came t;ll'Ough this body. Mr. Graham saiu. from his revie w of the plan. that. probat-ly , there have been onl y five significan1 amendments over twenty years, so it is not inconsequential that we ask Counc:1 to amend this . He explained that one of the provisions of the "Mile High Compact" is that the Regional Plan serve s as lhc conteitt for all of the other clements . So , he said, we felt it was appropriate to move this piece along , ahead of the Housing Pinn, the Economic Development Plan. the Open Space Plan and the Transportation Plan . We a.re here before you tonight , he said, with one of the five Comprehens ive Plan amendments Harold Stilt spoke about in Study Session. Mr. Graham submitted to the City Clerk, Proof of Publication that notice of this public hearing was published on July 21 , 2000 in the Englewood Herald. ii • • • Eqlewood City Council Au1w1 21, 2000 ••1•5 L f•" l!lnl It I SUI ,,,, ! Senio: Planner Graham ,.,d he wosld like to give Cow,cil a couple of representative >"''"IS li:on1 o,ch of the cive elements. just to illustrate what Council would be approving. He said he was r.ot certain wbi:tbcr C ,w,cil received !he atw:bmenl. He passed !hem out to Council . In keeping with the 1·"'-'"I for the C omprehemive Plan revision, he said, we ■re trying to stay II the policy level with theS< v ,,a,!m.•nts. Mr . C:nham pointed ow that after the policies arc in place, later on, then we would do the imp1 cm~.ta11on p ans . So, be advised. in this amendment we are only dealing with the intent statement and the objectives under each of chose intent statements, there isn't anything very specific . This doesn 't include any projecr ,. Mr. Graham said the last one. on the extent of urban development list. is to encoW'3gc the development of balanced commuuties, cbllJ'ICtcrizcd by a mix of income and housing rypes and having II reasonable relationship between the affordable housing supply and employment opporowities . That, he noted, is ■a objective that is held by the Hou.,ing Authority, its something that we hope the housing group ... the subcommittee that will be chaired by Chris Willis , will take up ■s p■n of his charge in the Housing Task Force . Undu \JJ)CD space, he picked ou1 two, he said. Regarding the tttiior.al open space system. there is a plan that shG..,'~ the South Plane River and Cherry Creek as the two priorities in the metro areas open space system. So, be said, we believe that adopting this plan for Englewood ·.viii help us undrntarul that some of the pieces of the open space system are important 1cgionally, M well as locally. And, perhaps, act rcsoun:cs from the region 10 help implement those . Another is to conserve and protect important natural resowces, including environmentally sensitive lands, wetlands and wildlife habitat. Again, we arc workin,g on an open space study of the Platte River corridor and this kind of statement helps us when we are making grant applications to the Division of Wildlife, or the Conscrvatir-n Trust, for resources to implement an open space plan. Mr. G1111wu advised that the nther long titled one ii ■bout 111111. transit. Englewood i1 in the fortunate poiition of having just implemented most of the most imponant pieces here ... providing the high capital transportation facilities , which is an indirect reference to,~ light rail transit. But, he noted. tbcre is a responsibility that is entailed with that invesunent, a rcspo .. sibitiry 10 the region, which is, to develop land uses that make efficient use of those facilities . That is the chrilleoge to us now, he said, is to make sense of the land uses that could reasonably use li ght rail. Anoth~ :,ne is implementing the rapid transit to reduce the need for additional roadway capacity and reconfiguring the bus network Well cenoinly, he noted, some of the things we arc already working on. like the shuttle p1oject, speaks directly to this . Senior Planner Graham explai.Ded that under urban centers, the idea in the Metro Vision is that ultimately there would be several urban centers in the region, all scrvrd by mass transit and th,: most of the jobs and entenainment and retail opportunitie.s, the regional ones, \ll'Ould be at these large urban centers utd you would be able to get between them efficiently. He co111111<11ted that Englewood has certainly ,tarted the process with CiryCenter. Developing a mixed US(' facility on a light rail system is a perf~ct fit for what th.is urban centers is about. .. focusing a major portion of future growth into urban centers to reduce land consumption and loss of open space while increasing ridership . Mr. Graham stated that the final point in urban centers talks about promoting a network of connected strr.ets and sidewalks , with buildings oriented lo ward sidewalks. He advised that many of the designs, suggestions , that were made by Calthorpc'!-and Tryba on this project were exactly for that purpose, to struef",re the puking, to keep the blocks sm■II , the development compact and very walkabll Mr. Graham advised that his take on this is that Englewood has done a terrific job even without Metta Vis10n policies. But making them explicit would be helpful to the res1 of the communi ty to know what are some of1he benchmarks for progress in these areas . Mr. Graham staled the environmenta l quality piece is probably the most difficult one to understand, but it speaks to the difficulty of getting clean air and clean ,~rater. Larg~ly these issues have to be hand kd on a regional bas1S. it just makes sense to handle it this way, he opined Achieving a locally defined. balanced, <-, '-,o,ic11l community, be noted, is a lot of words, but what ii comes down to is that WRMAC, a DRCOG ;.-.•.,-itee , is charged with clean water compliance. lncy work with all the water utilities and providers · •.t1c y hope to structure reasonable arrangements where the investments in water capital facilities makes Enslewood City Council Au1111t 21, 2000 P1p6 Mr. Ot,hlm said he thouaht he would leave it 1t lhat for examples . 11'.am ) m ) hon, ,,t,~n.if 000! t •o1u T.!/ ~ q Mr. Graham a<l\ised !bat !his piece wu !)resented to lhe Pluming ml Zoning Commission two times ... 1t, ,!Udy sess ion and !hen 1t a public hearing . They did not hive ury memben o( tbe public speak about tbe issue at either o( those session,, but !he Planning and Zoning Commission w,animously approved this ml recommended Cound l's approval. Mayor Bums asked if anyone else wished to speak. There was no one else present to speak. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING ON COUNCil. BILL NO, 61. Ayes : Council Member, Nabbolz, Bradshaw, Wolosyn, Yurchiclt, Grazt!lis , Burm Nays : None Absent: Council Member Garren Motion carried and tbe Public Hearing closed. Mayor Bums thanked !he Planning and Zoning Commission for tbeit worlt on these measUttS . It is another example , he said, o( work !he Planning ind Zoning Conunission does before these items come to Council and !hey do excellent work. 10. Consent Aa•nda COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I) and (U), 10 (b) (I), (II), (Ill) and (Iv), iO 1c) (I), (II), (HI), (Iv) >nd (v), (a) Approval of Ordinances on Finl Reading (i) COUNCIL BILL NO. 70, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AIJTI!ORIZING AN INTERGOVERNMENTAL AGREEMENT BETWE EN THE ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC .. THE REGIONAL TRANSPORTATION DISTRICT AND THE CITY OF ENGLEWOOD , COL0RADO ENTITLED "CO MMO N AREA MAINTENANCE AGREEME~'T. (ii) COUNCIL BILL NO . 71, llflllODUCED BY COUNCIL MEMBER BRADSHA W A BILL FOR AN ORDINANCE AIJTI!ORJZING A "GRANT OF CONSTRUCTION EASEMENT" AND "LICE NSE AGREEMENT' FOR THE CITY DITCH TO JAMES Q. NEWTO N TRUST . (b I Approval of Ordinances on Second Reading (i ) ORDINANCE NO . 62, SERJES OF 2000 (COUNC IL BILL NO. ~I . INTRODUCED BY COUN CIL MEMBER GARRETT) AN ORDIN AN CE AUTHORIZING ACCEPTA NCE OF A 57,500 GRANT FROM TH E COLORADO DFPARTMENT OF LOCAL AFFAIRS (DOLA) FOR ENTERP RJ SE ZONE MARKETING AND AIMINISTRA TION . (ii) ORD IN ANCE NO . 63. SERJES OF 2000 (COUNCIL BILL NO. 66, INTRODUCED BY COUNCIL MEMBER BRADSHAW) • !qlowaod City CoUDdl Aua111t 21, 2000 Pqe7 1 1111 r, JI >hoo11•I 11 .J IIOUt.l .. 1,01uA Y •• a'l AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A GRANT OF PROPERTY FROM TOM G. KING . (iii) ORDINANC E NO. 64 , SERIES OF 2000 (COUNCIL BILL NO . 67, INTRODUCED BY COUNCIL MEMBl'R GARREIT) >:N ,'),'.DINANCE AUTHORIZING A SECOND AMENDMENT TO AN AGREEMENT FOR E NC·Ll:WOOD CITYCENTER BETWEEN THE CITY OF ENGLEWOOD AND RID. (iv) ORDINANCE NO. 65 , SERIES OF 2000 (COUNCIL BILL NO. 69, IN l'RODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING A TEMPORARY CONSTRUCTION EASEMENT BETWEEN SOUTH SUBURBAN PARK & RECREATION DISTRICT AND THE CITY OF ENGLEWOOD , COLORADO PERTAINING TO THE BIG DRY CREEK TRAIL. (c) Resolutions and Motiom (i) CONTRACT WITH MR. TODD SILER FOR COMPLETION OF THE ART WALL AT WAL-MART. (ii) CONTRACT WITH BROWN & CALDWELL IN THE AMOUNT OF S95,700 FOR FACILITIES ASSESSMENT AND PLANNING . (iii) PUROIASE OF AN AMMONIA ANALYZER FROM TED MILLER AND ASSOCIATES IN THE AMOUNT OF S25,235. (iv) CONTRACT WITH LONG CONST1<.tJCTIOl'I FOR CONSTRUCTION SERVICES FOR SERVICE/SUPPORTFACU.ITY EXPANSION AND MODIFICATIONS IN THE AMOUNT OF S925,000. (v) CON'TRACT WJT"n ABCO CONTRACTING, INC . FOR ROOF REHABILITATION OF 'CHE CL-1.RKSOII STREET RESERVOIR IN THE AMOUNT OF S77,325. Vote results: Ayes : Nays : Ab-lent: Moti on carried . I I. Rtplar Ac•nd• Council Me!llhcrs Nabbolz, Bradshaw, Wolosyn. Yurchick. Gnzulis, BlVT\3 None Cowx il Member Garrett (a) Approval of Ordinaoces on Firsl Reading (i) Mayor Bwns advued lhar Coww:H has been asked 10 pull Agenda !rem 11 (a) (i), Council Bill No. 40, which is a ttcommcnci..i1on by the Ocpanment of Publi c Works 10 adopt a bill for an ordinance mending lhe Ciry 's Riglns-of-Way Ordinance and 10 schedule a Public Hearing for Seprember 5, 2000 10 gather public comment. He siated lhe Ciry Attorney has advised him !hat we made some changes to this ordinance when it came up for lint reading , lbe fin1 time, and we had 10 bring ii up for firs! reading again. bur 1bere are section uumbm in lhe ordinance 1h11 are 001 correct Ciry Attorney Brotzman has advised that we need to make some technical corrections to the ordinance to pul it in its proper form, he said, so this will have 10 come hick to Council at !he next meeting . Enalewood Clly Council Aucwt 21, lllOO P11e8 1 iuu l .) bu11rf!ll:l1 a t.J)U! I~ my "'- Mayor Bwns ukcd about setting the public bcarin9. City Attorney Brotzman adviled that they will set U!e public bearing when it comes back to C"..ounc1l. Council Meml,cr Bradshaw commented that tJ-.iJ is the issue of street cuts, cu11 made in our streets . She advised that ,:.. 1idn 't have a huge problem with this, but now, with the amount of different COlllpl.lliea coming in to request street cuts, we need to be very careful about what we enact, that it is enfor ceable and that the people who cut our streets do reimbune the City for the expenses . Mayor Bwns noted some of the major companies Hke AT & T and McLeod, and some of the . r c1 .1 1 ,i.e-.\ have not been happy with this kind ofan ordinance. There have been some veiled threats of F •j ••:1..>n, ,:,· said. bur he thought it was impon.int for Englewood to be in the forefront on this and our counsel. .1 -.n Fellman, has advised us that we can proceed carefully on this maner . Ma yo r Bums opined that it is imponant to protect our rights-of-way, so he still fully suppons this. (~) Approval ofOrdinanm on Second Reading There were no additional items submhted for approval on second reading. (See Agenda Item IO -Consent Ageoda.) (c) Resolutions and Motions (i) Plaruting Analyst Dannemiller presented a recommendation from the Community Development Depamnent to adopt a resolution for Historic Property Designation of the Englewood Depot. She advised that she was pn:sent tonight to speak in regard to an application for Historic Property Designation received from the Englewood Depot. All of the required application matenals have been submitted by the applicant. which includes an application. a photo 1nd a description of the historical significance of the propeny. Additionally, a public bearing was held on Jul~• 1s• before the Plaoning and Zoning Commission and the Commission wanimously recommended ref«ring this property to the Council for Ristotic Property Designation. Ms. Dannemiller explained that in order for a property to be designated on the Englewood Historic Register ccnain cr iteria must be met. F:.tSt, the structl.1'e must be at least fifty years old and, additionally, meet one of four other criteria contnincd within the ordiunce. Staff and the Commission he ti eves that this property meets twl' of the four criteria. in addition to ti.~ ege criteria, and it is a structure whi:h embodies distinguishing cbanctcristics of a 11!1 an::hiu-chaal type valuable for study of a period or style . In this cue thL Historical Society believes that tltt sttucnuc is the only remaining wood frame and stucco mission revival srylc depot in Colorado . It 1s also \mown as the County Seat style . Also, it reflects the broad social history of the City of Englewood, evidcr.ccd by an article in the June 4, 1915 Englewood Enterprise, talking about bow the railroad and the subsequent depot, helped to establish Englewood on the map . It created a station and helped generate business opporruniries in the City tha1 were . Jtherwise, going to other neighboring cities. Additionally, the Colorado State Historical Society has listed the Englewood Dq>ot on the State Register of Historic Places as of November 9, 1994 a.s Site No . SAH778 . Therefore, she said, we full y recommend npproval of this application based on this criteria . Ms . Dannemill::, advised that representatives of the Historical Society were present and if Council would like them to speak to the merits of this applicaaon. the y arc available 10 do thal. Following that, she said, we have a certificate for the Mayor to present to the representatives oftbc Society . Mayor Bums invited the members of the Historical Society to speak to Council. Cind y Scan !lated she was representing the Englewood Historical Soc1c~. On behalf of the Society, she thanked everyone for all their suppon. Ms . Scott noted that many yr:i!.s of effon have gone into saving this depot a.nd it staods ns a prominent !:ind.mark at this point. This is arYJther step in ,a.st.ablishing its legitimacy as a symbol of the community, she said, :ind they hope to contin1~ to work to make it a reality and make it • real important pan of the conummity. • • Enslcwood City Council Aqust 21, 2000 1 boo,, l:,i f P11e9 The resolution wu wiped• number and rtad by title : RESOLUTION NO . 73, SERIES OF 2000 A RESOLUTION DESIGN A TING THE ENGLEWOOD DEPOT LOCATED AT 3090 SOUTII GALAPAGO STREET AS AN HISTORIC PROPF.RTY IN THE CITY OF ENGLEWOOD, COLORADO . j 1' I It u/ I ' ~ COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (ci (I) -RESOLUTION NO. 73, SERIES OF 2000. Motion carried. Ayes: Council Members Nabholz, Bradshaw, Wolosyn, Vurchick, Grazulis, Bums Nays: None Absent : Cowtcil Member Gam:n Mayor Bums, on behalfofthe Council, stated that he wanted to thank the Historical Society for all the work they have done on the depot. and staff as well. He said it was bis great pleasure to present Ms . Scott with the lutoric Property Designation Certificate . Mayor Bums offered his congratulations and asked for a round of applause . Mayor Burns acknowledged bow much time and work these ltinds of designations take. On behalf of Council. be offered his appreciation for the 1·,ork of the Historical Society volunteers. (ii) Director Black prcsc.,~cd I recommendation from thr Parks 11nd Recreation Dcpamncnt to adopt • resolution authorizing the ttLlSfer of ownership of the Ho tel and Re5tauraol Li qw,r License with Optional 11rcmisc from JOQ 's Corpe · tion to the City of Englewood. H~ acted that several weeks ago be aave Council an update on the rcstau ; .. 111 cooccssionairc at our Englewood Golf Course . They had turned in their notice to leave that facility ! nd then they pushed that timefrune up . As of yesterday, be said. the Golf Course was operating the restaurant. We have applied for a temporary liquor license with the City of Sheridan, he said. and they have rtquestcd a resolution from City Counc il as put of that application. Mr. Black advised that Bob Spada, our Golf Operations Manager, will be meeting with Sheridan City Council tomorrow night and will include the resolution in the packet, if Council so approves it tonight. We hoJ>(', he said, that by 1omorrow night the City wi ll have the temporary liquor license from Sheridan and we will then be able to sell beer at the Golf Course srarring on Wednesday , Mayor Bums noted that this fa ci lity is in the City of Sheridan. The resolution was assigned a number and read by title : RESOLUTION NO . 74, SERIES OF 2000 A RESOLUTION REQUESTING THAT JOQ TRANSFER 0 11 ~RSHIP OF THE HOTEL AND RESTAURANT LIQUOR LICENSE OPTIONAL PREMISE TO THE CITY OF ENGLEWOOD, COLORADO . COUNCIL MEMBER BRADSH ,W MOVED. AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (c) 111) -RESOLUTION NO, 74, SERIES OF 2000. Ayes: Counc .. Members Nabholz. Bradshaw, Wolo syn, Yurchi ck, Grazulis . Bums Nays : None Absent. Council Member Garren Motion carried. £a&)ewood Ci il' Council Auautt 21, 2000 Paae 10 \'1t••i.1 (iii) Rick Kahin advised that he is the Engineering and Capitol Projects M■mger for the City, however he is speaking tonight as a Director of the Englewood Environmental Foundation. He presented a rcc:ommenda j on from the Englewood Environmental Foundation to adopt a resolution supporting the deal sheet between th, Englewood Env~oMtental Foundation and Miller Weinpnen concerning the space at the Bally Building at CityCenter Englewood. Mr. Kahin advis•d the deal sbee, is doted August 21, 2000 and the parties in the lease would be Weingarten/Miller/Englewood LLC, Landlord and the Englewood Environmental Foundation as the tenant . The leased premises, to be developed in the Baily's building, would be approximately 12,000 squ,re feel. Mr. Kahin explained the reason that is an approximate number is because the building ha.snot been fully designed yet, once the Jay['llft' takes place we will know exactly what the square footage is . It is a space lease with one lump sum rental payment, paid at the bcgiMing oflhc lease and that would be upon completion by Miller Wcingancr, of the core and shell . Council Member Bradshaw asked when we antici pate that. Mr. Kahm advi~d that by passing the resolution this evening, the deal sheet would allow us to go forward and cute .. into a lease, which would require that they have that core and shell available to us within eight month$ of their closing, which was August 4, 2000. Ms. Bradshaw said okay, so that doesn't change that time line al all. Mr. Kahin agrt<d that this doc t · change that timcframe . Mr. Kahm ,JI it is, approximately. a 75-year lease and it would run concurrentl y with the Miller Wcinganen ... 1J lease that the y have with the Foundation for the who le property . He stated the price would not exceed $668,000 . We would actw.lly be pa yi ng for the actual costs of hard costs and soft costs . There are formulas in the deal sheet that would allow w to participate if there are, in fact, savings from that nwnber. On the soft cost side it is also puts a cap ofS48 ,000 on architecture and engineering. A development fee is established at $15,000, legal fees are capped at S15,000, that is a not to exceed number, and interest is at the ralc of one-half percent below prime, bu t capped at a maximum ofS40,000 . Regarding the condition of the leased premises, he said, Miller Wcinganen has deftncd a core/shell as a storefront with one entry door, one rear door, a troweled concrete floor with cutout for batbro\Jm(s), one ton HVAC per 400 square feet of building, that 's provided but not distributed . A 100 amp 120/208 volt p ■nel for electrical. There would be structural sruds on 16 inch ccntm with ban insulation, which would sepante the Baily 's use from this space and it comes with a water line, a sewer line and exterior sidewalks and railings . That, he noted, is their definition of a core and shell . Council Member Bradshaw ask~d if that is the to tal cos !. Mr. Kahrn stated that is what we get for our $668 ,000 maximum. The resolution was assignca ~ n mbcr and read by title : RESOLUTIO N NO . 75, SERIES OF 2000 A RESOLUTION SUPPORTrNG THE DE AL SHEET BETWEE N THE ENG LEWOOD ENVIRONME:-.'T AL FO UNDAT IO N AND MILLER/WErNGARTEN CONCERNrNG SPACE AT THE BALLY BUILDrNG. COUNCIL MD1BER BRADSHAW MOVED, AND IT WAS SECONDED, TO APP ROVE AGENDA ITDI 11 (c) (Iii)· RESOLUTION NO. 75, SERIES OF 2000. Vote rtsulrs : Motion carried . Ayes: Nays : Absent: CC' mcil Members Nabholz. Bradshaw, Wolosyn, Yurchick. Grazulis , Bum s No ne Council Member Garren (iv) Mayor Bums advised tha1 Director Gryglcwicz would be presenting a recommendation from the Dcpamnent of Finance and Admmistrati\'e Services to adopt a resolution • • • • Enstewood City Council AUIIIII 21, 2000 Pa1e ll ) 1)()()N'Jf,II 1 ff' I IIJU/ .1 ,iC'I appropriating and transferring funds for the bard and soft cost of the David Taylor Dance Theatre's !tlocation to the CityCenter Englewood site. Director Gryglcwicz requested Council consider Agenda Item 11 (c) (v), a recommendation to adopt a molution support'ng the deal sheet between the Enalewood Environmental Foundation and the David Taylor DIDCe Tr.eatre, first He explained tl:at be would like Council to consider that firs~ as that is the deal :l1eet with David Taylor that should be considered prior to taking Ib is action Coun•:il Mr.mber Nabbolz said sbc has a couple of questions she needs to Wive cleared up. Number one, she said, by mov ing this deal sheet, she wants to ma.kc swe we arc not compromising any of our cuncnt projects that are going on. whether it be the water park. expansion of Matley Center or expansion of Parks and Recreation . She wants 10 make sure that none of our City and community things will be impacted by moving this . Director Gryg !cwicz advised that the projects , Ms . Nabholz just spoke about , will be considered in a bond issue scheduled for 2001 . Thi s will have an impact on the budge t, be said, but at the present time it will not impact any current projects . Mayor Bums asked fo r confirmation that Director Gryglewicz wu.s recommending Council consider Agenda Item 11 ( c) M first. Mr. Gryglewicz said yes . (v) Assistant City Manager Flaherty presented a recommendation from the Englewood Environmental Foundation to adopt a resolution supporting the proposed deal sheet between the Englewood Enviromneotal FoUDdation and the David Taylor Dance Theatre for sublease of space in the Bally building . He said, as Council will recall al our last Study Session, Council completed their verbal negotiations with Mr . Taylor regarding use of the space and the cost allocation for the developtr~Dt of that space . The intent ofthts deal sheet. be explained, is to be the basis for the contract that will incorporate the terms tha t Council discussed with Mr. Taylor last week . Mr. Flaherty said he wanted •o summarize those terms . The City will contribute the initial cost of I.he core and shell finish to be pro vided by Miller Weingarten to the City . The cost of that is approximately $529 ,000 , to finish 9,200 square feet of the 12,000 sq~ fe<t of the space the City will lease from Miller. A max imum expenditun: for tenant fmish ofS275,000 and declining payments over five yean totaling $240,000 . Benefit to the City will include rental payments received from David Taylor i t tlte rate of $6,875 a year, fo r a total of $34 ,375 during the first term of the lease . The lease v,ould be a hvc year lease with three, five year options . Over the term of the lease, ifwe go to full term, it would be $13 7,5 00 . Ho wever , he noted , Coun cil , at the last se:,:ion. indicated to Mr. Taylor that they wanted to make the lease pa yment subject to negotiation at the CllJ of each option period ... at the end of the first five years and then at the end of each option period thereafter . Mr. Taylor will prov ide, through his dance group . approximatel y S72.000 a ym , in services to the City, in the way of performances at CityCenter. He asked i . Council had any questions . Mayor Bums commented that he thought this compons with our negot iation lu st week and our discussion. Council Member Bradshaw stated that thi s rcfle ct'i what we ncgo1iatcd . Assistant City M,nager Flaherty stated that we be lieve this reflects what Council negotiated with Mr . Taylor . We have had to clarify a coupl e of items for i •w-posc s of understand ing how we move forward with this project. In pani cular, he said. ho w the jolllt fund iag wuuld 1ake place . He ad vised that what we arc suggesting is that Mr . Taylor would be provided an ,.mount of time, :ind we have provided twelve months , for him 10 raise the necessary funds or in•kind ~i-.rvic es. nece ssary to add to the City 's $275 ,000, so that when we go forward with the projec t, we know that we ha ve the fu nds available to co mplete the project. Council Member Bradshaw noted that this al so tics into that August 4th closing date wi th Miller Weinganen . Council Member Nabholz said it is her understanding that we would have 10 do this core and shell finish anyway at the same cost. Ea1lewood City Couadl Au11111 21, 2000 lirnu11 l ,If) litm11· ~ 00:1~ H h r• 1'11112 j I,!•('" Mayor Bums pointed out that the City retains ownership of that space , it is not transferred to David 1'1!tlor. Assis11n1 City Monoger Fllherty soid on the 75 year tcnn, !hot wu correct. Council Member Yun:bick soid be had a question on the $360,000 in -kind for the f.rst five yem. He ukcd if there wasn 't an additional in-kind . Mr. Flllhcrty said yes, !hot actuall y the $72 ,000 a year, 1ccording 10 Mr . Taylor 's calcullrinns , were for his performances only. In addition 10 performances , he bu 1lso indicated. and we have indicated in the deal sheet, that Mr . Taylor would provide some additional services to the City, including discounts for Englewood residents and CityCcntcr complex merchants , u well u scbolanbips 10 all Enalewood residents who ran below the poverty limit as defined by the Department or Housing and Urban Development. Ma yor Bums asked if there were any other qucnions or comments about the deal sheet. There were none . The tesolution was assigned a number and read by title : RESOLUTION NO . 76, SERIES OF 20',u A RESOLUTION SUPPORTING THE DEAL SHEET BElWEEN ENGLEWOOD ENVIRONMENTAL FOUNDATION AND DA YID TAYLOR DANCE THEATRE . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (c) (v) • RESOLtrnON NO. 76, StRl!S OF 2000. Morion carried . Ayes: Council Member, Nabbolz, Bradshaw, Wolosyn, Yun:bick, Gnzulis, Bwns Nays : None Absent: Council Member Garren (iv) Mayor Bums noted that this is the ttcormnendation from the Department of Finance and Administrative Services to adopt a re solution appropriating and transferring funds for the hard and soft cost of the David Taylor Dance Theatre 's relocation to the CuyCcnter Englewood site . Council Member Bradshaw said she had a question on the amount She noted that on this proposed molurion it says $690,000 and then we just approved the Baily 's deal sheet with 5668 ,000. Ms . Bradshaw asked if we need to change this to reflect that. Director Gryglewicz said yes , that the new number iJ 5943 ,000 in total. .. $668,000 is for the core and shell and $275 .000 is the maximum for the lttlant finish . The resolution was ass igned a number and rc:ad by title : RESOLUTION NO . 77, SERIE S OF 20W A RESOLUTION FOR A TRANSFER AND 1\PPROPRIA TION OF Ft JNOS FOR THE HARD AND SOFT COSTS OF PROVIDING TI!E DAVID TAYLOR DANCE THEATRE . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM II (c)(lv)-RESOLtrnON NO . 77, SERJES OF 2000 . Motion carried . Ayes : Council Mem bers Nabholz. Bradshaw, Wolosyn. Yurchick , Grazu lis , Bwns Na ys: None Absent: Council Member Garren 12. General Discussion • • Eapwood City Co1111dl A-tll,2000 Pa1e lJ Mayor Bums noted they hid Mayor ', Choice (Agenda Item 12 (a)) ...i Council Member's Choice (Aaendl Item 12 (b)) at the end of their Study Session. He asked if anyono hid any other matten they wished to present "There were none . 13 . City Mana1er's Report City Manager Sears did not have any matters to bring before Council . 14 . City Attorney's Rtport City Attorney Brottma.n did not have any matters to bring before Council. Mayor Bwns adviser', that Council had a recommendation to go into Executive Session following the regular City Counc i', meeting to discuss three per>OMel issues. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, FOR COUNCIL TO GO INTO EXECU'fM SESSION FOLLOWING THE REGULAR CI1Y COUNCIL MEETING TO i>ISCUSS rnREE PERSONNEL ISSUES. Mori on carried. Ayes : Council Memben Nabholz, Brad,hlw, Wolosyn. Yurchick, Gr■zuliJ, Bums Nays: None Absent: Council Member Ganett 15. Adjournment MAYOR BURNS MOVED TO ADJOURN . The meeting adjourned at 8:23 p.m.