HomeMy WebLinkAbout2000-10-16 (Regular) Meeting Minutes•
I. Call to Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
R,aular Session
Otlober 16, 2000
11, > l"t1uu l!i,n'i
IOO:t M 1·uh )U
! !J'lf
The regular meeting of the Englewood City Council was called to order by Mayor Bwns at 7:31 p.m.
2. lavontJon
The invocation was given by Mayor Burns .
3. Pleclce of Alleciance
The Pledge of Allegiance was led by Mayor Bums .
4. Roll Call
Present:
Abse nt:
A quorum was present.
Council Membe11 Gruulis, Garrett, Bradshaw , Woiosyn.
Yurcbick, Bums
Council Member Nabbolz
Also present: City Manager Sears
City Attorney Brotzman
City Clerk Ellis
S. Minutes
Director Gryglcwkz. Finance and Administrative Services
Housing Finance Specialist Grimmett, Community Development
Director Ross, Public Works
Direc1or Fonda. Utilities
Senior Planner Graham, Co,nmunity Development
(•) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO
APPROVE 11IE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 2,
2000.
Ayes:
Nays:
Abstain:
Absent:
Morion cmied.
6. Scheduled Visilors
Council Membe11 Bradshaw. Woiosyn. Yurcbick. Grazuli s, Buros
None
Counc il Member Garren
Council Member Nabholz
(a) Mayor Bwns ild\•tsed Wt a rcprcscntauvc from the City of Shcricbn was present to
.iddrcss Council regarding the Oxford Bridge .
Randy Young. City of Sheridan City Administrator, said that, firs1 of all , he owed Council anapoloEtY· lle
no1cd he scbcduled the ribbon cutting on the Bridge project for a day they couldn"t ancnd. Mr. '\,,ung said
Enalewood City Council
October 16, 2000
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he uoden1ood they had I budget worluhop that Saturday and he wanted 10 apologize . He comrncnlcd Iha~
as we all know, when you try to put a party together like this there is always someone who cannot make it,
but be didn 't mean to set it for a time when none ofC0unc1l could attend.
Mr. Young stated that he was present to recognize the City of Englewood's contribution to the Oxford
Bridge project. He expli1incd that they put together, basically, 11 publi cl pri\'ate project together to redo the
Oxford Bridge over the Plane River . It was a very unique and very challenging opportunity for , not only
the business people in that area. but also the public entities in the 11rc11, those being Englewood, Sheridan
:md Arapahoe County, to step forward :md really come out with a nice project Mr . Young stated we have a
bridge project of over $3 million there and it was only possible bcc3use we all pulled together to make it
happen and so he wan ted to pcrsonall)' thank Council ,
Mr . Young presented Mayor Bums with a Ccniticatc of Appreci:uion . Reading from the cenitica1c, he
said , "this ceniticatc is awarded 10 the Ci()' of Englewood in recognition or your valuab le contributions to
lhc 1999·2000 Oxford Avenue Bridge Replacement Project which helped to facilitate the successful
completion of this publi c/private capital improvement project." Again. ~r. Young said, he would like to
!hank the City of Englewood .
Mayor Bums sai d he would like to thunk the City of Sheridan for this recognition and noted that it was
indeed a public/private and publi c/public project on which our co mmunit ies cooperated . He opined that the
result is e,:ccllcnt and something that has needed to be done for some time. He said he always likes to see a
good project , where the cities of Englewood and Sheridan work together and cooperate, because when we
do that we accompl is h a 101 more than olhcrwisc. Mayor Bums thanked Mr. Young for coming before
Council this evening.
Mr . Young said he has been with the City of Sheridan for over four years and he wanted 10 take this
opportunity to thank the Public Works crew, Utilities ilnd all the other depamncnts that really jump in and
help when the y can. He commented tha1 they have been vrry helpful in a lot of the projects aod he wanted
to make sure Cow,cil was aware of the cooperative nature that the y sec. He said it works both ways most
oflbe 1ime. lhll1 unfonunatel y they can 't help Englewood as much, but Ibey II')'.
7. Non•schedultd Visito rs
(a) SIC\'en Hoelter , 4460 South Elati Street. said he wantc.:d to sec if we co uld make an
amendment to the cat ordinance, something to the effect that cats shouldn't be allowed off the propcny
unless they arc on a leash or some thing . Hi: explained that he has a real bad prnblcm with free roaming
cats on ltis propeny and he has done every thing he can, even talked to the nei ghbors and every day thert
arc three or four cats in his yard . He noted a lot of people say cats are nice and neat and clean, but that is
because the y go to the neighbor's house to do their business and go home . He opined that we should make
it like the do g ordinance.just strike out anything that doesn ·r apply to the speci es. It would be simpler to
do , clean and concise . Also , if something like th:u passe s he wou ld like to see more ordinances posted on
Channel 8. so peopli: can sec what is happening at the time . There m:iy be a new ordiru1ncc coming down
the pike and that wou ld be \'Cry beneficial, he said . A lot of peopl e don 't unde rs tand our ordinances and he
thou ght that would be a gre:i.t resource.
Mr . Hoelter Slated th.at if we havi: an y more roundabouts on the drawing board he would like 10 vote them
d0\\11 . He said he docsn ·1 agree Y.i th them ;and 1hinks the y arc a waste of reso urce s, mone y and manpower
and 1ha1 we could ha,•c done so mething a little helter . He noted Counc il probi bly had publ ic hearing s and
stuff on them that he was not able to ancnd . But , he said , in hi s op inion that roundabout should have been
placed up at Broadwa y and Bcllcv1e w, that 1s where we have a traffic problem. wi th speeding and running
red li ghts all the way up and down Broad way from here 10 there . That would have been a great place to put
one. at that location 11nd at Yale ;ind Broadwa y. Mr. Hoelter opined that that would have sent a clear
message 10 the people going through our town, that this isn't a freeway and so forth and so on.
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En1lewood Clly Coundl
Oc1ober 16, 2000
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Mr. Hoelter said, regarding trash pickup, that be noticed Council wan,,' :1 to restrict pickup to two days
inslead of three days. He uked if that had something 10 do with the b:~ ,rucks traveling the stteeUaod
SIUIT. Besides Iha~ he said, we have a big problem with the grovel ttuoi:s co:::ing 01TofSan11 Fe, comin&
up Oxford and then using Broadway to lrlvme up aod down. He said be doesn"I thinlt we have that much
hen-y duty construction up aod down Broadway, that he thinks they are just trying ID skin through town
and that thes, issues need 10 be kepi on Santa Fe . Ifwe could get DOT 10 come out aod set up the swes,
he said. he thought we would find th.Ill there are a lot or overweight true·. in our neighborhood. He
thanked Council for their time .
Mayor Bums thanked Mr. Hoelter arn1 said those were good comments.
(b) Eugene Norman said he was born in Englewood. He advised that the llpe be gave City
Council at the last meeting is nothing compared to the tapes. one a week for three yea:s, that he directed lo
Richard Nixon during his presidency. He said be achieved close to 9.9% accuracy on those tapes relative
10 Vietnam. Personally, he said, after all that he hu been thmugh, he feels like an alien in 1w body in
saying "take me to your leader please ," He stated the inequity in the Mideast must initiate new thought if
solution is to be achieved. The answer is already in your minds. All you need to do is act on it Innovation
must be our banle cry, he said, justice our aim. Please, no more linle kids getting killed. Not only •he lives
of Jews and Arabs, but the mental health of our collective psyche is at stake. I ask for an advocate from
among Counci l ... the Mayor or one of you, he said . I have presented you, to some degree, with my
crcdenti:l.l s. I ask th.at I be allowed contact with our President with the hope of more inte!!igcnt action for
his sake as wet! JS your own. He said he wanted to present Council with two more tapes and after that be
would leave them alone. He gave two more tapes to Council and Mayor Bums thanked him.
8. Communications, Proclamations and Appointments
There were no communicalions, proclama1ions or appointments .
9. Public Hurlng
No public hearing was scheduled before Counci l.
I 0. Consent Agenda
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDl:D, TO APPROVE
CONSENT AGE 1;DA ITEMS 10 (a) (I), (Ii), (iii) and (iv) and 10 (c) (I) and (ii).
(a) ,~pproval of Ordinances on First Reading
Ii) COUNCIL BILL NO . 80 , INTRODUCED BY COUNCIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH
SOUTH METRO FIRE RESCUE ENTITLED ""MUTUAL AID/AUTOMATIC AID AGREEMENT
(FIRE) 2000"" FOR MUTUA U AUTOMATIC AID FOR FIRE PROTECTION FROM BOTH ENTITIES.
(i1) COUNC IL BILL :-10 . Bl. INTROD UCED BY COUN CIL MEMBER
GARRETT
A BILL FOR AN ORDINAN CE AMENDI NG TITLE I. CHAPT ER 5, SECTION 2. SUBSECTION 9, OF
THE ENGLEWOOD MUNICIPAL CODE 2000. REGARDING OATHS .
!qlewood City Coundl
October 16, 2000
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r 11•,
(iii) COUNCIL BILL NO. 19, INTRODUCED BY COUNCIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE AMENDING TITLE I, CHAPTER 6C, TITLE 3, CHAPTER 5; TITLE
3, CHAPTER 6; TITLE 7, CHAPTER 7; TITLE 8, CHAPTER 38; TITLE 8, CHAPTER 5, SECTIONS 9
AND 13; mLE II, CHAPTER JC; TITLE 16, CHAPTER 2; TITLE 16, CHAPTER4 ; AND TITLE 16,
CHAPTER 5 CF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO CORRECTIONS
OF CODIFICATION .
(iv) COUNCIL BILL NO. 78. INTRODUCED BY COUNCIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE AMENDING TITLE 11, CHAPTER I. SECTION I, C'l-' THE
ENGLEWOOD MUNICIPAL CO DE 2000 BY THE ADDmON OF TWO NEW SUBSECTIONS 5 AND
6, RELATING TO MINIMUM STANDARDS FOR COMMERCIAL VEHICLES .
(b) Approval ofOrdinanccs on Second Reading
There were no i1cms submined fo r approval on second reading .
(c) Resolutions and Motions
{i) RESOLUTION NO. 88, SERIES OF 2000
A RESOLUTION APPROVING AN INCREASE IN BENEFITS FOR THE RETIRED FIREFIGHTERS .
(ii) CONTRACT WITH MCDONALD EQUIPMENT IN THE AMOUNT OF
$67,500.00, FOR THE PURCHASE OF A SELF-PROPELLED ASPHALT PAVER.
Vote results:
Ayes :
Nays:
Abscn ~·
Mo 1ion carried .
Council Members Garrett, Bradshaw, Wolosyn, Yurchick.
Grazulis, Bums
None
Council Member Nabholz
11. Regular Agenda
(a) Approval of Ordinances on First Reading
(i) Director Gryglcwicz prcscatcd a recommendauon from the Department of
Finance and Adminisb'iltivc Services to adopt a bill for an ordinance approving the 2001 Budget for the
City of Englewood . He stated th.at this ts the first rudi.ng for the 2001 Budget for the City ofEnglewo.>d
and it was discussed previously at Study Session. He said he would go into as little or as much depth as
Council would like on the budget itself.
Mayor Bums no1ed they went in10 considerable detail. during the Srud y Session. on the chanp-:s Cou r.c il
made from the original budge1 session . Again, he said. on behalf of Council he wanted to thank Director
Gry1;'ewicz.. his staff and all thr department he:i.ds for working on this budget to generate a fair unrestricted
fund balance . He noted Council and staff has done a lot of work on th: budget and 1hey do appreciate it.
He asked if anyone on Council had an y olher i1ems the y wanted 10 bring up . There were no ne .
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COUNCIL MEMBER BRADSHAW MOVED, ANl> IT WAS SECONDtD, TO APPROVE
COUNCIL BILL NO. 76.
COUNCIL BILL NO. 76, INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF ENGLEWOOD,
COLORADO, FOR THE FISCAL YEAR 2001.
Vote raulls:
Motion carried.
Ayes :
Nays:
Absent
Council Members Gorrell, Bradshaw, Wolosyn. Yllltbick,
Grazulis , Burm
None
Council Member NabhotZ
(ii) Director Gryglcwicz presented a recommendation from the Department 1>f
Finance and Administrative Services to adopt a bill for an ordinance appropriating funds for Fiscal Year
200 I. He explained that this is the actual bill for an ordinance th:tt gives authorization to expend the funds
that are in the budget that was just passed on ftrst reading .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
COUNCIL BILL NO. 77.
COUNCIL BILL NO. 77, INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORD INANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN
THE CITY OF ENGLEWOOD, COLORADO. IN THE FISCAL YEAR BEGINNING JANUARY 1,
2001, AND ENDING DECEMBER 31, 2001, CONSTlTIJTING WHAT IS TERMED THE ANNUAL
APPROPRIATION BILL FOR THE FISCAL YEAR 2001.
Vole results:
Motion carried .
Ayes:
Nays:
Abscol:
Council Members Garren. Bradshaw. Wolosyn, Yurchick.
GraZ1dis, Bwns
None
Counci l Member Nabbolz
(iii) Dircc1or Gryglewicz presented a recommeodation from the Departmmt of
Finance and Administrative Services 10 adopt a bill for an ordinance establishing the 2000 Mill Levy to be
collected in the year 2001. He advised that the General MiU Levy is 5.880 mills, the Debt Service Fund is
1.150 mills and the Englewood Domuown De ve lopment Authority mill le vy is set at 4.397 mills. He said
he did an.a.ch a wo rksheet showing what a typical household in Englewood would pay to the City for the
General Fund and to Debi Service.
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Council Member Bradshaw s1a1cd that the m.ajonry of the propcny taxes co ll ec ted in Englewood docs go to
the schools . The amount that goc1 to 1he Ci 1y is minimal . she said. Director Gryglcwicz said yes, that is
true . He advised that on the attached worksheet it shows that oo a S 150 .000 .00 home , that rypi,al
homeowner wou ld pay S85 .91 for general opc r.111 ons and S 16.80 for debt se r\':ce on th e co mmuni ty center.
Mayor Bums asked how these mill levies compa re wnh pre vious years . Director Gryg lewicz advised tba'C
the Genera l Mill Levy 1s the same r.!1d the Debt Sen11ce has gonr. down a little bit because thr assessed
valu e of homes has gone up, so it has. correspondingly, gone down . He stated tha1 the amour.I collec 1ed is
just enough to pay deb1 sen·ice .
Ea1Jewood City Couadl
October 16, 2000
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Mayor Burns stated that, once again. Council has not raised taxes in order lo fund the Oenen:l Fund.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
COUNCIL BILL NO. 75.
COUNCIL BILL NO. 75 , INTRODUCED BY COUNCI L MEMBER BRADSHAW
A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE
ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN TilE CITY OF ENGLEWOOD ,
COLORADO, AND ESTABLISHING A MILL LEVY FOR TilE ENGLEWOOD DOWNTOWN
DEVELOPMENT AUTHORITY.
Vote results :
Motion carri ed.
Ayes :
Nays :
Absent:
Council Members Garren. Bradshaw, Wolosyn, Yurchick,
Grazulis , Bums
None
Council Member Nabholz
(iv) Dircc1or Gryglcwicz presented a rccoJMll•ndation fror:1 ~he Ocp:utmenl of
Fina ,~c and Adminislr:itivc Services to adopt a bill for an ordinance approving a lease/purchase of Cisco
nctwL ,.<l ng equipment. He advised thnt this equipment is on site; it was actually purchased on May l .. of
tlus year from NEC Business Network Solution lncorporatC"d for $378 ,761.00. We are leasing this through
Sutro & Co., Incorporated at a rate of 5.92%. He explained that this would allow money to be freed up for
other uses in 1he Infonnation Technologies Department.
Council Member Bradshaw asked if this is the first step in getting tlmt department into the year 2000.
Director Gryglewicz explained that this equipment is the routing equipment for the network in the City and
those funds that are freed up will be the first slep in upgrading all of our technology.
Council Member Grazulis asked if. because it is a lease option. that we will be receiving some of the newer
things sooner. Director Gryflcwicz advised that it wc,uld allow us to take some of that money back and put
it into other technologies. Ht said Ms. Grazulis was n;iht , that as these leases c:tpire then the y arc
generally renewed so yo u keep th,-equipn.ent more cunent.
Council Member Grazulis asked if, at the time ofrtnewa l, we would get updated add-ons . Director
Gryglewicz said yes, or we will repla ce the entire system .
COUNCIL MEMBER WOLOSVN MOVED, AND JT WAS SECONDED. TO APPROVE
COUNCIL BILL NO. 73.
COUNC IL BILL NO . 73. JJ,;TRODUCED BY COUNCI L MEMBER WOLOSYN
A BILL FOR AN ORDINA :-.C E OF THE CITY OF ENGLEWOOD , COLORADO AUTHORIZING
AND APPROVING THE LEASE -PURCHASE OF NETWORKING EQUIPMENT FOR THE CITY
AND PROVIDING DETAILS IN CO:.NECTION WITH THE LEASE -PURCHASE OF TilE
EQUIPMENT .
Vote results :
Ayes : Cou ncil Members Garren , Bradshaw. \Volosyn. Yurchick,
Grazulis, Bums
Nays: None
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En&Jewood City Coundl
Octolur 16, lOOO
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Absent:
Motion carried.
Council Member Nabholz
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(v) Director Gryglcwicz presented a recommendation from the Department of
Finance ard Administr.uivc Services to adopt a bill for an ordinance amcmting Title 5, Chapter 26 oftbe
Englewood Municipal Code pcruining 10 trash haulers. He advised th>.: r ule 5, Chapter 26 sets ford, the
licensing provisions for trash haulers. This proposed ordinance will limit the collection days to Mniidays
and Wednesdays and it includes provisions for holidays and exceptions for bad weather and inadvertently
missed collections.
( ouncil Member Bradshaw said she would lil:c to make a comment. She stated this is not a nrw ~sue, that
the issue of municipal solid waste management was discussed in the early 1980's. The Keep E.•,lJ;~Y.'ood
Beautiful Commission was formed in 1991 to examine environmental issues impacting the Cicy of
Englewood, she said and in 1992 the Keep Englewood Beautiful Cumrnission held a public hearing to
discuss trash collection issues . In 1997 the Keep Englewood Beautiful Commission coocluded a two-year
study that included di.\cussions wilh area trash hauling co01>anies 1 an an,,Jysi!t of surround.in& municipal
trash collection policies and a rc,·iew of the current ordinance, at which rime they prcse~tcd a report to City
Council. In 1998 an ordinance requiring mandatory trash collection. was introduced and became pan of the
nuisance ordinance and in 1999 City CoWJCil reviewed alternatives and r«ommcndarions from the Keep
Englewood Beautiful Commission and determined to pursue designated collection days. Ms, Bradshaw
pointed out that this bas been cussed and discussed for O\'er twenty ycaTh.
Mayor Bums noted that pan of this is to relieve wear and tear on the streets and try to make this a bit more
unifonn. He stated that you can still hire your own trash hauler, that the Cil)I had the opportunil)I 10 U.'<e
over this service before and has elected not to do so because the citizens say they want 10 be able to make
their own choice. lb.is, he said. is just :m effort to make it a more etlicierd process.
Council ;.1:embcr GrazuHs said slk: wanted 10 clarify, as her constituents are very concerned that they wili
still have the choice of their own hauler. She pointed out thal they can s1ill choose !heir own hauler.
Direc1or Gryglewicz said absolutely.
Mayor Bums noted tha1 there is a small typo in the first Whereas, the third line. in 1he middle. It should say
"as well as wear and tear on the City streets."
Coi ,~cil Member Gamn said he thought there was ano 1her thing they should focus on , the reason he would
suppon this is that we .ire consolidating so we don't have trash trucks going up and down our strte..s five
days a week . This proposed ordinance would consolidate that into certain periods. But the otl:.er reason he
supports this is for code enforcement purposes. We have code enforcement that says yo u should not leav~
your crash ou1 ror more than twenty-fou r hours before the scheduled pick-up. He noted that by having u-~!·
picku p continually. on any given day, it is <tifficult for our code enforcemt:nt officials to know that yo ur
day is nol tomorrow. which is an excuse that can be given. This helps that pan, he said. in helping to cle "'-~
up the Cil)I .
COUNCIL ~1EMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
COUNCIL BILL NO 7◄,
cou:-;C'IL BILL NO. 74, INTROD UGD BY COUNCIL MEMBFR BRADSHAW
.', 31LL FOR AN ORDINAS CE A.\IE NDING TITLE 5. CHAPTER 2f ',ECTIO N 4. PERTAINING TO
DESIGNATED COLLECTIO N DAYS .
Vole resulls:
Ayes : Council Members Garre tt , Bradshaw . Wolosyn. Yurchick.
EnaJrwood Clly Council
Octobrr 16, 2000
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Nays :
Absenl:
Motion carried.
Grazulis. Bums
None
Council Member Na bholz
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(vi) anci (vii) Housing Finance Specialist Grimmett presented a m::ommendlrion
from 1he Co mmunity Development Department to adopt a bill for an ordinance authorizing the purchase of
rcsidrnti;d property located o.t 2357 West Wesley Avenue a.nd a recommendation to adopt a bill for an
ordinance authorizing the purchase ofrcsidcnti:al property located at 2399 West Wesley Avenue. She
advised that they arc asking Council to approve the purchase of two yroperties that arc located up on the
edge of Zuni and West Wesley for potential future development of re sidentia l parcels in 1hat area .
Attached to the Council Communi:ation, she said, is a map and the offer to purchase was done based on
full appraisal :md accepted by the f:unHi.:s. Ms . Grimmett pointed out that the families actually initially
approached ,he City, it was nor something lhal we went out and sought.
Mayor Bums noted she said the familie! approached the City . Ms . Grimmen said yes. the families actually
approached the City and inquired ifwe were interested in purchasing the properties.
Mayor Bums noted that one issue th.at is raistd. when the City acquires propenies for potential
development. is whether the City is engaging in an exercise that private indusrry could do just as well or
whether we are ac1ing as a calalyst to try to improve a neighborhood where it otherwise is no1 being
improved. He asked Ms. Grimmen to speak to 1hat. Ms . Grimmen said cenainly. She advised that one of
the issues up there with West Wesle y is that on the backside , the nonh side, of1his particular property it
rronts on a potential future street of West Caspian Avenue, which has not yet been comple1ely dedicated.
So with 1his panicular acquisilion it can stimulate, not only the growth in the neighborhood, it can i~ve
the type of housing slock that is purchased up there and also serve as the additional catalyst for holding the
property until 1he funue s1ree1 of West Caspum Avenue can be potentially acquired and improved and built
along that panicular area. Not all of the parcels have dedicated right-of-way, so this would maintain that
COUNCIL MEMBER WOLOSYN MOVED, Al"iD IT WAS SECONDED, TO APPROVE
COl "NCIL BILL NO. 85 AND COUNCIL BILL NO. ~6
COUNC IL BILL NO. 85, INTRODUCED BY COUNC IL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE AUTHORIZING THE PURCHASE OF 2357 WEST WESLEY
A VENUE BY THE CITY OF ENGLEWOOD. COLORADO.
COUN CIL BILL NO . 86, INlltoDUCED BY COUNCI L MEMBER IVO LOSYN
A BILL FOR AN ORDINA,,CE AUTHORIZI NG THE PURCHASE OF 2399 WEST WESLEY
AVENUE BY THE CITY OF ENGLEWOOD. COLORALO .
Vote results :
~01ion earned .
Ayes : Co unci l Memb,rs Garren. Bradsh:nv . Wolosyn , Yurchick ,
Grazulis. Bums
Nays : No ne
Absent Council ~li:mber Nabholz
(viii) Mayor Bums adrn,td tha1 Due cto r Ross wo uld presen1 a recommendation from
the Oepanment of Public Works to adop1 a bill fo r an ordinance amendin1; the Ci ty of Englewood's rig: ·~-
of-way ordinance and to set ;a public heanng for November 6. 2000 to gather input.
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Oclober 16, 2000
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Council Member Garren advised that he would not be paniciparing on 1his agenda item, as his employer is
a user of the rights-of-way .
Director Ross advised that this part of the Code was last revised in 1985 and there have been a lot of
changes since t'1cn. With the pwh oftbc Federal Government to open up markets 10 new companies we
feel that it is time to modify the rights-of-way ordinance 10 help us to be better able to work with the new
service providers and to maintain control of our rights -of-way . He noted we had II public hearing on Ibis
ordinance in June of th is year. Since then, he said, we have been busy mee ting with the service providers,
going over the ordina1 ·c, listening 10 their co ncerns and revising the ordinance where we thought we could
and in doing so we ho1 dully have :m ordirnlnce th.it now works for them as well as for us . What you have
before you tonight, he said, is a culmination or all those efforts, but m our hurry to gel 1he revised
ordinance in the packet , there are a rew typos and in addition there were a couple of definitions in Chapter
11-7-2 that we wanted to include . One was a definition or EMC, as we refer to EMC throughout the
ordinance , which is referring to th e Englewood Municipal Code . ln addition, he explained, we \/anted to
modify the definition of emergency to reflect that interruption of services is indeed an emergency . He
noted that anyone who ruts had their cable go out during a Bronco game can attest to that and so therefore
we wanted to include that as an emergency . Mr . Ro ss advised there was one other change he would like to
request and that is due 10 a communication he received from the American Public Works Association just
recently . In 1998 a St. Cloud, Minnesota contractor hit a high-pressure gas serv ice pipeline . The
contractor notified his supervisor, but the supervisor failed to notify any emergency respo nse agencies . So
fifteen minutes later, he said. someone not e\'en connected with the incident notified the emergency service
agencies, but twenty-four minutes after that an explosion occurred that killed four, injured eleven and
resulted in six buildings being destroyed . So the conclusion or the Natio nal Transportation .Safety Board
was that the major contributing rac1or to the severity oftbis accident was the delay of the contractor in
notifyi ng the proper authorities . So that, he said. is the reason he asked for this last minut e addition that
take s this advisement into account. We have added il 10 Chapter 11-7-22 . under emergency procedures, to
deal wi1h the required notifications . Direc1or Ross stated that we here by requt:st the City Cowicil approve
th.is ordirumce with the 1hree additions mtnlioned above :md schedule a public hr:aring on this matter for
November 6. 2000 . He sa id if Cou nci l had :my questions he wou ld be h3ppy to address them.
Council Member Wolosyn noted there were 1wo types of fees, degradation and increased administrative
recs . She 3Sked ir 1hc increased administrative recs will happen before the co urt case is senlt!d . Director
Ross said yes they will. th.at the y hope to h.tve the recs resolution to Council at the same ume the y Y.ill be
considering Council Bill No. 40 on second reading . In all likelihood.. he S3id, it will occur before the
Supreme Court is heard .
COUNCIL MDIBER WOLOSYN ~IOVED. AND IT WAS SECONDED. TO APPROVE
COUNCIL BILL NO. 40 AND TO SET A PUBLIC HE ARING FOR NOVEMBER 6, 2000.
COUNC IL BILL NO . 40, IN!"ROlJIJCED BY COl~CIL ME~1BER WOLOSYN
AN AMENDED BILL FOR A:sl ORDINANCE REPEALING TITLE I I, CHAPTERS J(A). 3(8), J(C),
AND TITLE 12 , CHAPTER 4: AND CREATING A KEW TITLE 11 . CHAPTER 7, ENTITLED "C ITY
RIGHTS OF WA y. PERM! rs AND REQUIREMENTS", OF THE ENGLEWOOD MlF.-IICIPAL
CODE .
Vote results:
Motion carried .
Ayes :
Nays:
Abstain :
Absent
Counci l :V1embcrs Bradshaw , Wolosyn. Yurchick, Gra.zu li s. Bums
No ne
Col·nci l Member GaITett
Co unci l Member :-!abholz
£n1lewood Clly Council
Oclober 16, 2000
P11e IO
I) IJOO"JI II t
0' ttl 1 ullll
')~,•t
(ix), (x) and {xi) Director Fonda presented a recommendation from the Utilities
Department to adopt a bill for an ordinance authorizing an Agreement 10 exchange Real Estate between
Poag and McE\\-en Lifestyle Centers -Littleton L.L.C. and the City of Englewood, a recommendation to
adopt a bill for an ordinance authorizing a License Agreement for the City Ditch to Poag and Md!wen
Lifestyle Centers -Littleton L.L.C. and a recommendation to adopt II bill for 11n ordinance authorizing a
"Grant of Construction Easement" for the City Ditch to Aspen Grove Business Improvement District, Poaa,
and McEwen Lifestyle Centers -Littleton L.L.C . He explained that 11II of these are tied into another project
truit Council recently approved, which, combined, ,llows them to put in about I 500 feet of pipe on lhe City
ditch . He stated this is a great wet to the City, bccawc that is about a half a mi11ion dollan wonh of pipe
thilt we don't have to put in . They need 10 pipe it so that their buildin gs will not be damaged because the
ditch would be above them and that would take care of leakage problem.$ and so forth . This section, he
advised. is six hundred feet on the sou th ern end of ii, it is where they acrually have 10 move the ditch lo
11ccommoda1e one of their buildings and we have no problem with that. They go to a larger pipe size, a
sixty-inch instead of a fifty-four and some manholes to allow the hydraulics 10 \''Ork properly. So, be said,
we arc highly recommending this , this is a large stretch of City ditch that we would like to sec in pipe u it
is our ultimate goal to pipe it and then be able 10 use that as an alternate supply in the wintertime. Director
Fonda said he would like to lhanlc the legal department for helping them get this through this quickly ,
because we arc in a time bind to get them under construction as soon as we shut the ditch down in
November. They have 10 get done very quickly and get out of there . He advised we would like to try and
be able 10 run water down the City ditch in the win ier or sec if we could, even though some sections .irill
arcn 't piped .
Council Member Bradshaw advised that she voted agains1 this on I.be \V31cr and Sewer Board and she
thought it was more to take a stand. She stated she is certainly nol opposed 10 the City receiving fttt City
Ditch piping. The issue she wanted to bring forward is that this is going to be a major shopping center on
Santa Fe by Mineral and it is going to directly impact the Nature Center, the wetlands illld the hi~e trail .
She noted that it is out of the City of Englewood and we don't have a lot of control over that, but she
wanted people 10 be aware.
City Anomcy Brotzman sa id thal Council also recei\'ed a new map on this . He advised that Bill
McConnick a.nd Nancy Reid noticed a small error and so Council has a new map .
COUNCIL MEMBER WOLOSYN MOVED, AND IT \VAS SECO 'l';•r.D, TO APP~OVE
COUNCIL BILL NO. 82, COUNCIL BILL NO. 83 AND COUNC:i. alLL NO. 84. '
COUNCIL BILL NO . 82. INTRODUCED BY COUNCIL MEMBER \• v LOSYN
A BILL FOR AN ORDINANCE AUTHORIZING AN AGREEMENT TO EXCHANGE REAL ESTA TE
BETWEEN POAG AND MCEWEN LIFESTYLE CENTERS -LITTL ETON L.L.C . AND THE CITY OF
ENGLEWOOD. COLORADO .
COUNCIL BILL NO . 83, INTRODl.:CED BY COUNCIL ME~IBER WOLOSYN
A BILL FOR AN ORDINANCE AUTHORIZING A "'LICENSE AGREE~·IEKr' FOR THE CITY
DITCH TO POAG AND McEWEN LIFESTYLE CENTER S,LITTLETO:S L.L.C .
COUNC IL BILL :SO . 84 . .NTRODt:CED BY COUNC IL ~IE~IBER WOLO S'01
A BILL FOR AN ORD INANCE AUTHORIZ ING A ··GRANT u, ("n',STR UCT ION EASEMENT" FOR
THE CITY DITCH TO ASPEN GROVE BUSINESS IMPROVEMENT DI STRICT . A QUASI
MUNICIPAL CO RPORATIO N (BID), POAG AND McEWEN LIFESTYLE CENTERS-LITTLETON
L.L.C.
•
•
EnaJewood Clly Coundl
October 16, 2000
P11e 1t
Vote results:
Ayes:
Nays :
Absent:
Motion carried .
, )lm,,,,~ni
llvil' 1il t'Jfiu1·10
ti :.i;o,q
Council Members Garren, Bradshaw, Wolosyn, Yurchick,
Gruulis, Burm
None
Council Member Nabholz
(b) Approv•I ofOrdinances on Second Re,ding
There we re no items submitted for appro va l on second reading.
( c) Resolutions and Motions
(i) Senior Planner Graham presented a recommendation from the Community
Development Department 10 approve, by motion, :i contract with RNL Design for Professional
Comprehensive Plan Services . He advised that we have had a long-term relationship with RNL. lbey
were the contractor on sire planning for the initial work on CityCcntcr and the contractor for the facilities
stud y for Ci ty facilities when we made the decision to move to this building . He noted they were also key
in the CRNA process where AW'Ora, Arvada and Englewood partic ipated in reviewing light rail projects .
He stated that we feel they have the kind of background we need, that they can provide a team to provide
the range of services , including diagrams, graphics, maps , conceptual drawings and Web design so we can
put our Comp«hensive Plan on the Web . We are looking forward to wo rking with them, he Slid, and this
work would be completed by the end of this year and we would have a new Comprehensive Plan early in
2001.
Mayor Bums asked that Mr. Graham explain the source of funds . Mr . Graham advised that this is a
budgeted item. the Comprehensive Plan update is in the Community Development Work Program. Mayor
Bums said. so it is already budgeted. Mr. Graham said yes .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A
CONTRACT WITH RNL DESIGN FOR PROFESSIONAL COMPREHENSIVE PLAN SERVICES
IN THE AMOUNT OF $40,000.00 .
Ayes:
Na ys:
Absent:
Motion carried .
12 . General Discussion
(a) Ma yor's Choic e
Council Members Garr en, Bradshaw, Wolosyn . Yurchi ck,
Grazulis . Bums
None
Council Member Nabholz
(i) Ma yor Bums noted that Council hasn't met since the Rail -Volurion Conference
two weeks ago, at which approx imately 1200 10 1400 delegates gathered downtown at the Adams Mark
Ho1el The y arc advocates of what we are do ing in Englewood ... ra il and economic development, ttansit-
oriented dev elopment. The y held the soc ial event for the conference here m this building on Thursday of
that week , he said. and it was an enormous succ ess . We had about t0iJ0 pe opl e from all over the country
and all over the world and come to Denver and Engle wood for thi s event. Ma yo r Bums ad vis ed that we
had a huge amount of positive feedback about this bu ilding , its desi gn and the de sign of our transit-o riented
de \'elopment. We have found that there are, indeed, nol very many true transit-oriented dc\'eJopments
around 1he country and we were told we had inspired a lot of different communities to try to imitate what
we are doing here in Engle wood . He said it was a lot of fun to participate in this and our staff did a
wonderful job . Ma yor Bums said he would like 10 thank Bob Simpson and 11II of the staff who worked on
En1lewood Clly Council
October 16, 2000
J 111) tu11Ht·Jl~11:l
110: •• ,1 f'jllOJ-JO 11,,.·1 P11e 12
lbe social even~ including lbe Public Works folks who had to clean up after it. They had some carpeu to
take care of and some olber lbings after we paraded a lbou.and people through here. but Ibey really 111ve
yeoman service . He noted !hat Lauri Danncmiller, Mark Graham and Jerrell Black were down ar lb•
conference. They had mobility tours around the metropolitan area. he said, and I couple of them came
back to this Center after the social event and one before the social event, so people 101 a really 1ood look at
this development and some good explanation of how it was put together financially and from a plannina
standpoint. So !hat, he said. was a tremendous benefit to Ibis community and he was hopeful it woulc help
us get a few choice tenants for this development from that exposure. He thanked the membcn of Council
who anended that conference. Mayor Bums opined that it was quite a success for the City of Englewood,
(ii) Mayor Bums said he also wanted to say that be is very pleased that Trammell
Crow Residential now has a building pcnnit to start. as their signs says, the luxury condominiums, which is
the residential ponion of our development. They will build 438 wtits and the fust part oftba1 will be-in the
cente r section.just nonhofthe street Mayor Bums said he thinks they will move alona very quickly on
!hat and will lease very well. He noted Ibey are very excited about getting staned and be tbousht that will
be a tremendous asset and improvement to this development. We hope 10 get staned with some of the retail
as soon as possible, he said,
(iii) Mayor Burns said, once again, he would like to tbanlc stiff for worlcin& with
Council on the budget adjustments. He stated he felt they reached a good compromise on those and a
responsible one for the citizens of Englewood.
(b) Council Member's Choice
(i) Council Member Garren thanked Council Member Bradshaw for her repon,
which Council received in their packet. on the Rail Volution Conference . For those us who didn't get to
attend it was helpful. He said if anyone else has insights, he would look forward to reading their reports as
well .
(ii} Council Member Bradshaw advised Council that she would be out of town next
week . She said she though! her flight arrives at 5:40 , so she may or may no1 be at the Study Session, but
she did not think she would .
(iii) Council Member Yurchick :
I. He said the EDDA met and discussed the RFP. AcomD Street and the old City Hall site. Primarily,
he said. they had three or four concerns. They wanted to make sure that the site was at least 75% leased.
they wanted to make sure we don 't end up with another Trolley Square and they arc requesting one
additional member on the review committet . Parking was a big 1ssue ... safety and parking . He said he
would ha\'e to get the list of concerns 10 Council.
2. He advised Council that he wouldn't be here next Monday nigh! for Study Session .
13. City Mana1er's Report
(a) City Manager Sears advised that he attended the City Manager Conference a few weeks
ago in CinciMali. There were actuall y a number of things discussed , he said , bu1 one oflhe things , which
he handed ou1 10 Council. was the implications of c-Go ,·cmmcnt. He nm ~d that ~ark Graham had
mentioned earlier thal we are going into e-GO\'Crnmcnt. He opined that wub the budget approval there is a
lot of money that has been put into that and be is very excited about that and the fact that we can now use
those funds to focus on where we are movi ng over the next several years. Mr . Scars commented th.al by
just takina a look :n some of1hcsc questions and some of these fonnats he thought Council would sec that
pennitting sys1ems, users fees . all kinds of things, will have an impact. The Comprehensive Plan and all
•
E ...... ood City Couadl
October 16, ZDOO
Pqtl3
kinds of things.,. aoina 10 be on the lnlmlet 111d with Council's approval oft.be Budget toniab~ be uid,
he lhinb we an, 11oina to be able to acco1J11lilb some of these items as we move forward .
14. City Attoraey'1 Report
(a) City Attorney Brotzman requested authorization to settle Magee v. City of Englewood,
with a payment ofS20,000.00 .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO AUTHORIZE
SETTLEMENT OF MAGEE V. CITY OF ENGLEWOOD, WITH A PAYMENT OF SZ0,000.00.
Mayor Bums said, for the record, that Council did discuss this in Executive Session tonight and we 1),-lieve
this is an excellent accommodation on this particular litigation item.
VoterauUs:
Ayes:
Nays :
Absent:
Motion carried.
Council Members Garrett, Bradshaw, Wolosyn. Yurthick,
Grazulis , Bums
None
Council Member Nabbolz
(b) City Attorney Brotzman advised that Assistant City Attorney Reid would be here for the
next two Mondays as he wili be on vacation.
15 . Adjournment