The URL can be used to link to this page

Home My WebLink About2000-11-06 (Regular) Meeting MinutesENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO I. Call 10 Order Rqular SeasJr,n November 61 2000 The regular meeting of the Englewood City Council was ca lled to order by Mayor Bums at 7:36 p.m 2. lnvoutJon The invocation was given by Co uncil Member Nabholz. 3. Piede• of Allecl1nct The Pledge of Allegiance was led by Mayor Burns . 4. Roll Call Present: Absent: A quorum was present. Council Members Nabholz, Gra21ilis, Garren, Bradshaw, Wolosyn, Yurcbick, Bwns None Also present: City Manager Sears City Anomey Brotzman Ci1y Clerk Ellis 5. Minutrs Director Ross, Publ ic Works Director Gryglcwicz, Financial Services Director Simpson, Community Development (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 16, 2000. Council Member Nabholz explained that she would be abstaining from voting as her son was in !he hospital and she was 1.mablc to attend lhc October 16it. meeting . Vote results: Ayes: Nays : Abstain: ~1o1ion cam ~d. 6. Scbeduled Visiton Co uncil Members Garren, Bradshaw, Wolosyn, Yurchick. Grazuhs, Bums None Council ~v1cmbc r Nabho lz (a) Ron Trujillo ad\'is ed th.11 h~ is .in c!mployce of lhc Ci 1y of Englewood Golf Course . He noted tha1 ht: hils been working a.t the Go lf Course for about SlX years and about two years ago Je:rrell Black hired Bob Spada. He said the fust thing he notic ed abou1 Mr . Spada was that anytime we had a problem he would jump on it o.nd take care of it immediately . It didn '1 matter if it w11s II problem with the cans, an En1ilewood City Council November 6. 2000 Page 2 individu3l or whatever, Mr. Spa<b jumped on it immediately. Mr . Trujillo said he stancd observing him a linle bcner and noticed 1h01 he did the same thing with the other employees . He said he kind of felt that when you gee somebody ne w in m:magement 1hey are going 10 clean house . as 1t ha s been his experience to have 1hat happen . But wi1h Mr . Spada it was different, he kind of sat back and look ed and noticed who was doing well. who was not doing well , wha1 was ~ood for the course. what was bad for lhe course. that son of lhing . It took so me time. bul he sianed to JNke some chnnges . It is a cardin.:il sin to play six houn of golf, he said . You don't have that at Englewood anymore, almost everybody gels oul oflhtre m four, four :ind a halfhours ... lh·e hours ill the very most and trult ts because of Mr . Spada . He has made ch.ingcs In the anitudc of lhc: pc:uple who arc there . You don't h:wc the cranky old men Jumping on hnle old ladies an vmore tcli111~ 1hem to obey the la ws and the rules of 1he t,md . He ha s made evervone lherc aware of cu;tomcr sern~c: a:i d public relauons. A good example is to JUSt hstl!n to so mcboJ°y answering 1he phone . They Sil)' ··E ngkwood Golf, this is so and so, ma y I help yo u." Mr . Sp ad a ha s made everyone mort ,ware of customer service. Mr. Trujillo advis..:d th.at heh.as noticed !he pe op le that are working togi:ther ill: more con1ent and 1herc is not as much iMcr bickering as lherc was . I'm sure e\'cry joh has th:u. hr-said . He stated !hat he just 1hinks ~r. Spada has done an outslanding job: he ·s m.:ide a whole bunch of ctumges for the bcn,:r . Accountability is ano1her cx:1 mple . Mr. Trujillo said he JUSI s1ancd upstJirs in th-: pro shop this yea r. At one poiut everything was run from the beginning of the morning until the money was checked out at nigh!. w11h different people coming and going in between and there was no accountability. Mr . Spada ch:1ngcd tha1. Now. when you leave you take JD account of what you have and balance out. People didn 't like ii a1 the time , but Mr. Trujillo said he thought it was great. that that was :1ccountabiliry. It has been acccp1cd now :md people arc doing it. Mr . Trujillo noted he is kind of shooting from 1he hip here , as he is not a re:11 good speaker. He advised 1ha1 Mr. Spada is also working on some rompuler stuff to make it a lot easier to get people in and out of the counter. He said he has talked to '.\ir . Black before about wha1 a fine, outstanding job he thinks Mr. Spada 1s doing. Mr. Trujillo stated he wanted to tell Co uncil what an outsumding job he thinks Mr . Spada has done, that he has done well. ~r. Trujillo opined that things :arc going 10 !:Ct a lot bcncr . He stated that Mr . Spada is a very decent human being, to begin with. He's a pain in the fanny at limes 100. he said. but he 's a good man at hean and 1he City sho uld be proud of him for the job he is doing in Englewood . He thanked Council for their time . Council thanked Mr . TruJillo . (b) Debbie Guin1her. of Cornerstone Books . staled she has rricd 10 cdn her statement over and over agam to lry to lake ou1 the emotion and she apologized. as she did not succeed a hundred percent So please bear wit h me . she said . Ms . Guin,her read the following s1a1emen1. Jus1 ::,,s yo u ha\'e had a vis ion for what yo u wanted CityCentcr 10 be in thi: busine ss communi ty of Englewood. I ha \'C also had a vision for Cornerstone Books . In my career. both in the non-pruli1 \\Orld .:ind now in thi: retail \\Orld. I ha ve been committed to 1hc values of chil dren , ed uca 1ion. \'O lunte ers and hea hh . \\'hi:n I purchased Comers 1one Books I didn'1 ha ve a clue as to how I would be able to im:orporale these va lues that I ha,c: worked for for 1hc p.is1.. . .ilmos1 thiny years now . It wasn'1 lon g before we be gan orga nizing workshops. hosted local cduc:11ors and nationally known au1hors on a variety of different subjects. Vo lunteers easily came forward and so me art: sining here in this room which ga\'C me the opportu nu y to increase in ve ntory 10 meet the demand!I of1hc co mr.mn ity . Also. 1hrough 1he effons of1he \'o\umcer::. I ,,as abli: 10 del:1y the high cost of hiring staff in temts of a ni:w bus mess . Our book and informa11on cente rs have been a valuable resource for schoo l co un selors, therap ir ts and local lc:ichcrs . Since we carry a thorough inventory of ma1erials that cover addicuons . abuse . blended fanulies, self-esteem. ancn1ion dcfi ci l disorder. hyperactt\'ity. etcclC l';J. we arc kno,,11 as .i 1.:)1-Jrce cenier througho ut the mctropolit:i.n area in helping adulls and children deal w th these issues . And. finally. the s1orc has e\'olvcd into a re so urce for m:.tenal s on menial. physical and spirirual health . These are co re values that I belie\'C ~ot. will find m c,·cry independent business and vi nual\y ne ve r see in a big box formul::,, warehouse . '.\lentally ,·1si1 such businesses as the 1 r:idin· Post. Kaufm.:an·s. Connic ·s stained glass busme ss. Co untry Ga rd ens flor.il and tea room. LaPona .-\n Gallery and pick n locJI independe nt gallery that you support and yo u can easily 1dcn11fy what their \'alues arc and what the y brmg to this community . The se busines ses are what make Englc,,ood umquc and draw customers here . Then look~, what 1he co re ,·aluc s mighl be for Wa\-\fon. Home Depot. Borders Books and Barnes and Noble or :1ny of the formulas and \\hat 1s there commitmen110 this commu nny'! You. :is a custo mer, wan1 cxc~lle ·1 sc r\'icc. knowledge of product, re spect and sugge sted alternatives . These :ire also the ,·a lucs that you lin1.. in locally owned businesses . 11 is time 10 equalize the playing field for c,eryone. lf you want to prcsc r\'e 1,1depcndi:nt business and wh:11 makes Englewood umque, then these citiz ens h:ivc to rake a • • • • Englewood City Council November 6, 2000 Page J rcspo11Siblc position and not subsidize big box . Enelcwood 1s landlocked wnh commumucs all around us, this is nothing new. ilnd if you continue to take valuable land 10 create another fonnula box we lose our uniqueness. Just yesterday, in conversation at the bookstore, a customer said. "I come here to shop from Ken Caryl because my only choices out there are warehouses ." Another argument for securing independent businesses so 1hey arc able to thrive anrl grow is referred to as II muhiplier effect. Local businesses rely on local accountants, attorneys , public relations cxpcns and marketing experts. A chain tends to have the bulk of its bookkeeping, accounting, legal cxpcnisc and promotional work done ac its corpontc office, most of which arc out of the community . Loc11I business owners tend to spend a substantial amount of their profits in 1hcir communities, while chain store profits go 10 lbc home office. One can sec lhe muhiplier ctlecr when money is kept local tc support local businesses, schools, services and the ~nefi1s ofrecircul111ing monies throughout the community. The plans to move to CityCcntcr and expand Cornerstone Books to become a more mainsuearn bookstore have been halted wi1h the prospect of Borders Books. They arc requesting exclusivity of the Ci1yCcntcr site. Comerstr.ne Books has negotiated a non-binding leue with Miller Weingarten 10 lea.se space to include a full servire newsstand. more fictionlnon-ficuon titles. business ti1h:s. a coffee can and the store tw already mcrcased its gift books, upgraded its in\'enrory system. point of sale and access to books in print to accommodate the increased traffic and the demands as far as lhe business volume . In closmg. many communities uc laking steps to reserve divers :;· by modifying zoning to protect the towns from ~prawl, impact of traffic and neighborhood character. Thci. •re city ordinances barring stores over 65.000 square feet and requiring those that exceed 25 ,000 square feet. to meet design guidelines . Size restrictions keep the huge srores out. Identifying historic commercial disnicls, which we have here. by ordinance , eliminates the oossibility of unifonnity. l11ese laws either ban ahogether or limit the num~r of formula businesses that are allowed. Towns like Sall lake City. Rockville, Maryland. San Francisco. Boise. Idaho. Pon Jefferson. New York. have become proactive in their public policy to preserve their local tla\·or. In California there is a currtnt legislative bill 10 ensure that all retailers with a physical presence in 1hc state , collect sales 1ax on Jn1emc1 tn.nsactions. The U.S. Supreme Coun has already ruled that any business that ha.s a physical prt ::ence in a state. store warc:house or oftice. mus1 collect s::iles 1axes on goods purchased by stale resident:. This applies 10 all re1::iil sales. including in-slore, mail order and Internet purchases . Nevertheless . a number of national chains do not collect tax on their ln1eme1 sales . The list includes businesses whose physical presence is undeniable . You know who they a.re : Barnes and Noble. Borders Books, Gateway Computers, Sa.n Goody Records . These companies contend !hat rheir web and retail operations are separate. Their web sites have no phy .. ',.al presence and therefore urc not required to collect sales taxes and it is just a matter of time before thi:re will be another avenue for generating sales tax and creating another step towards leveling out the busine ~~ ph ymg field . The current game bemg played is another anempt 10 evade the law and gain an unfair advanuige over local retailers . I only rcpre-sent what other independent business owners have said before me. This is a reminder for us 10 protect what we value in b;..siness and set policy 10 prevent more formula businesses from ruining Englewood's unique diversity . (c) Lisa Knudse·,, Executive Ui,ecror of the Mountains and Plains Booksellers Association, she explained that they are a non-profit association onginally formed in Denver ilbout 40 years ago. They ha\'e about 265 member stores in the region and about 135 of those are m Colorado . She noted Council received a packer that was forwarded to Council from her . 1hrough Ms . Guinther. Ms . Knudsen pointed out an error in :ne packet. She had md ic:ued the size of the P•<O!ied Border S1ore was 50.000 ~uare feet . but st,e unr'.crstands 1ha1. as proposed. 11 will be 25,000 square feet. She stared tha1 her associauon is t.:oposed 10 the Border store coming into Englewood and. she said . she had se\·ernl points she would like to make . first. she said. she wanted to give some information on the background . the nature of the Border comp.my itself. They are a huge compan y. formllll y 0~11ed by K-~lart. Borders mer ged wnh Waldenbooks se veral years ago and now has appro 1.ima1cly 300 Borders superstores . 1200 W.1 Jden bookstores as well as borders.com. The y are no1 a mom and pop operation. although occasionall y they do portray themselves m tha1 ligh1. Their product nux 1s more than JUSt books . They have book'i. music. videos . gifts. sundnes. m.1gazines. newspapers and a .:offee shop . Ms . Knudsen pomted oul 1ha1 all of the alread y established local businesses hen~ m Englewood would be affected if a Borders opens here : 11 1s not just 1he bookstores . She said she wanted 10 discuss their discount pra ctices . and noted 1hese arc pract ices th.o.t are commonly followed by the nauonal chains . When 1hcy come into a new markc1 they sometimes sell items below their own cost . Some chain'i have been accused ofpreda1ory pricing . She explained that the definition of Englewood Ci1y Council Novcmb<r 6. 2000 Pagc4 predatory pricing, as de rcribed in the Shtr."'ltl11 ,, ·t. ts 1hc dclibcr11tc sacrifice of present reve nues for the purpose of Oiving rivals out of the market and then rccoupmg the losses through higher profits earned in the absence of compcririon, The chains have very deep pockets. sht' said. and 1hcy can afford to hunker down and wait uniiJ their competition has been driven out ofbwiness. She maintained 1ha1 when they are in1crcs1cd in :a panicul:u market. Borders and othe r big box chains. including Wal-Man. City Markets and other large muional chains, play one talenl against another to gel the bigtes1 pr.ss1ble breaks on taxes. They use the same tactics to get ad\·antagcous leases. usually paymg considcri'bly le.:11 ;!••n what is of!'cl"f'1'. 1n independent businesses . So 1hc taxes that independent businesses and ··1e r :!7.C'1 .. , 01 1hc cornr,~ijrJt:t pay, arc being used to subsidize chain compc1itk•n. I find that cxtraordim,7 .-, ·, ... ~IL' :1:r. : find that :tis Ver) common ly done. but I also find it extraordinary thal a community woul ll t :i.:~ t►~se 1axes and use thc111 ;n a way 1ha1 cou;" help put th e independent businesses out of business . It st .1~, tu me. she said, tha1 these independent subsidies. whether they arc bre3 ks on t3xes or translate to a bir. box store pa ying less per square foo1. .. howevcr these things are worked ou1...l feel that that is unfair lnd ~hould be slopped. And if they arc gcning subs1d 1cs. why aren't 1he other businesses m town gerung subli1dies '! Why isn't Deb Guinther, or 3ny of these other mdepcndent businesses. being subs 1dLZed '! Frequently, she said. she 1houyh1 these tax breaks a.re gi ,en in 3nticipation of large sales tax re\'enues and new Jobs . She said she doesn·1 assume lhat you all arc v11lams, that there 1s a reason why a cuy council or other governing bodies would want to have more sales tax rc\'cnucs to provide more services to the conununi ty. But in fact. a numbc c of studies have been done that contrad ict 1his assumption. panicularly in a community where services are being duplicated. which is the case with a Borders in Englewood. Ms. Knudsen stated that new stores do n01 create re.ii economic grow1h. She noted there were some bibliography materials in what she sent Co uncil that refers to the studies that have been done on this. What happcm is that the spending is simply shifted from one area of the town 10 another, ihc said. and in fact a Borders, or in many cases a Wal-Man, is just cannibalizing their business from existing retailers. She opined that job ilfld tax gains at the new store arc off.set by losses at -:xisting retailers producmg only marginal overall itq,rovemcnt or even a net decline over time. There arc some examples in what she gave CoWlCil, she said. Studies were done in Vermoni. M:i.ssacbuscns and ~.'cw York. she said, jus1 to 113.me a few . \\here the city councils and 01hcr governing bod ; -s did the resr,arch aheaJ of time and decided not to invite m chains for this reason. She poin1ed out that the new jol's tha: are promised by the large chains arc frequently part-time jobs and are in fact low paying . 1bc rca.c:.>n for this is t!tat businesses don't have to pa y benefits to part-lime employees and also, the ma113ger":.nt is rarely hired loc 1Uy. They bnng management in from hcadquancrs. And very importantly , the pror:its do not stay in the community: they go out of state to corporate headqua.ncrs. 11ris is the multiplier effect that we arc talking about. where the local businesses use 1he scrvices ... banks, advertising agencies. marketing. reahors ... all kinds of scr\'iL.eS that they use :re locally. Tiun is 111A the c.ise with the nationa l chams . She thought there was a real risk in any comm1,.i1111y. puning 100 many lax eggs into one basket. She said she ,s referring to Borders and 10 other large national chains . These chains , bec.iuse they ha \e so man y s1on:s. rouunel y close stores that don '! perform .idcqua1ely. leaving the commumly with a large cn:'ll)' buildmg and greatly reduced 1ax rt\'enues. because the independents may have been drt\'Cn out ofbusmess. Anoth!r point 1s that the Border s1ores encourage customers to order from them on-line . She said Ms. Gui111he r touched on this .1nd she thou ght II was \'Cry important 10 note thal under the current l.iws they .1re not required to co llec1 t.ixes on Internet sales, the City of Englewood will be making nothing on those lnt.:me1 sa les. She said she wanted 10 gi\'c Council a linle infom11tion that is book induslry specific , but 11 .1ffcc1s all ofus. The net affcc1 of the Borders .ind Barnes a.id Noble .1sccndancy has l>cen that there arc in fact. fewer books pubhsheJ and they cost more . Part of the way that this ch:uns success has been ach1e \'cd is because Borders and other n.auonal chams offer discounts, which independents cannot match . The y arc able to do that because they rcCCl\'e maJ0r discounts from ! lpp liers for their large orders and th.al ,s reasonable, she said . Borders and Barnes and Nobci's combined )ales make them larger than the top ten publishers combined. g1\'lng them huge power so they have bee n able lo demand spec ial deals . The American Bookseller 's Association. along with 1wcn1y-s1x indepcndem bookstores brought sun against Borders and Barnes and ~oble m 1998 . .illegmg that they used 1heir markc1 donuna ncc 10 obtain unfair . illegal d1scoun1 s and promouonal allowances from publishers. This 1s 1he seco nd half of another group of lawsui1s !hat were brought 3bout SC\'en >·ears ago by the ABA against the publisher ·s allegmg th.al they were giving unfair dc11ls and promouonal allowances to Borders and Barnes and Noble . The ABA sued six of the largest publishers in the country; they all senlcd out of coun. they hac' to pay le ga l fees for everyone and to sign consent decrees . Ms . Knu~n said she wanted to emphasize that • • • • Enalowood C,•y Council November 6. 2000 P•gc 5 neither 1hc Amencan Booksellers Association nor lhc ~1u11r :ums and Plain.~ Booksellers Associalion. or any of their members. are a~ainst compctilion . We are all m compeution with each other . All we have ever asked for is fair business pracuccs and a level playing lidd. Sh,. thanked Cou..,cil for their time. (d) Paul McMath, of McMath Properties, advised that the representative from the Tatt:red n ,, Cover, who was scheduled lo speak tonighl. is not going to speak because of a potential legal conflict iu another lawsuit agi'inst Borders . J.tc itated he is an Er.glewood resident , that hC' lives at 4710 South B:mnock Street, and he is an Englewood small businessperson . He said he grew up not far from 1.erc and he used 10 ndc his bike a short distance to get to this site to hit driving range go)fballc; and play golf. Thar land is dircc1ly underneath this City P.all. Mr . McMath noted that he is also a former counciL"!!!~ =1nd mayor pro tcm of the Ci1y of Greenwood Village so he knows the process Council is going It.rough and be empathizes with 1heir involvement. Mr. McMath stated he is very impr~c;scd with the organi·iaition behind 1he independent bookstores. Ms . Knudsen. her si.affand the American 81,okseller's Assor::i,u i.m, have dc'le 1he1r rese111ch. they arc well organiz1,.J, thty are presenting thcrmelves -.·cry well. and they ar l willing to comm.it res ource~ on bch.ilf of Englcwrod's u,dcpendcnt bookstores . He noted tha1 this scenario has played itselfou1 elsewhere in the country and so mt of the banlcgrounds arc close to homc ... Boulder, Dillon and now Englewood . In California the skirmish has escalated to a lawsuit againsl Borders alleging violations of the California U1:f.lir Trac!e Practices Act and the Califorrua Unfaif Compelition Law . He staled the!.c battles with Borders arc su.71risingly well docv"cntcd and the strategics are sc-t out fairly clearly. He named somt of their resource titles . Defending Against the Superstores. Local Businesses Threatened. The Hometown A· ,'ant.age , How to Defend Your Main Street Against Chain Ston.s, Borders Threatened in Boulder, Colorado . He noted that in Son Francisco local bookstrnes are fighting against having a Borders come in there and they arc winning the case. Market Cannibalization and the Multiplier Effect was the title of-:.nother anicle. Mr. McMath opined that all of 1his points 10 the fact thal indept.:ndent books1ores in small tuwn commumues are pan1cularly vulnerable 10 the invasion and tacucs of Borders. Thanks to the organizations memioned earlier, he said, we have the 1ools to dTccti ve ly light this invasicn and we are in for the long haul if neces sary. He commented that 1hert: arc model s that are playing out and pharm:icy businesses ar.:.;;, good example. Since 1990, he: staled, 11 ,000 independent pharmacies have closed. In 1987 65% of the drueistores were c wned locally, today 1he independents have only 20% of the marke1 or less. ln Englewood. outside of the hospi1al pharmacy, he said, he can only think of one othe r pharmacy and tha1 is the one in the medical building on Clarkson Strcel at Hampden. Video stores are ano1her example. Blockbuster rents one out of three videos nationwide . The second largest chain is Holl ywood V1dc:o and they control 10% of the market. He asked Council if they could think of any otbcr video stores that exist in the Ciry of Englewood. He said he cou ldn 't. The City of Englewood no,w has ten or eleven indepe11dcn1 bookstores, which. he said, he determined after searching 1he yellow pages and this was wi1hin the Englewood city limii.!i using the Englewood mailing address . He asked how many of rhcse names will be m the yellow pages t~e years from now if Borders reaches their goal ofp11ning a store in Ci tyCc:ntcr. We have heard about rel~il consolidations threatening distributors. he said, and he won't ~o into that. We have also hear1.. a 101 about the multiplier effect and he won't go into 1hat. Clearly, he pointed 01 • the independen1s have some advantages in supponing the local community, which Borc,,ers will not do. He noted there is an interesting ankle: prepared by Loren Shepherd. a CPA. which appeared~ L .. e Englewood Chamber Newslener m 1996. Basicall y he says th.al in 1980 the total sales tax for the City revenue was S7 . I million with roughly half of 1h1s coming from Cinderella City and thts was dunng the Ci nderella City heyday . In 1995 1he sales lax revenues were: nearly doubled , S 13 .5 million, and this was without the resource of Cinderella City adding any1hing 10 the 1ax roll s. Mr. Shephe rd thcor lZed that perhaps the opposite is goi ng 10 be .rue . Thai when the big box stores go mto CiryCenter we are going to lose tax revenue from the small busmessc s and the growth will not be as big as anucipat ed . He pointed out that there: arc a few other impac1s on our co mmu011y. What abou11he commercial core? Independent busmesses arc the backbone ofa v1bra111 downtown. the heart and so ul ofa co mmunit y. He stated that large sc ale chain ~,ore dc:vclopment often herald s 1he dellllse of 1hc i:enual busines s d1smc1 creaung 3 dowrward spiral of vaca ncies . bhght and discouraging new 1mes11nc:nt . Wh:1t about traffic •., The big box chain stores dra\\ from a big area . they will bring mas man y t1.s 10.000 c;. a day . Regarding community charac1er, he said, locally owned stor-:s create 11 scnse of place and community identily, 1hey reflect 1he local culture and they give commumues 1hm Jis11nc1ive flavor . Cht1.1n s1orcs, hr staled. sap the commumuts of their chara cicr and mdiv1duali1 y. And what about c1v1c mvo lvemen1? Independent Englewood City Council November 6. 2000 Page 6 businen owners often 1ake a lelldership role in conununity aff1in . !hey chair neighborhood oraani!ltions, host culturnl e,•enls and organize local fes1ivals and they even get invol\'ed in local government. Because 1hey li\C in 1he pl:lce where lht:y do business the local 0Y111ers get in\'Ol\'ed and committed to the commumties well being . They often sponsor and hold events . There is 11 lot al stake here, he said. ind hopffully Council will take all this information they heard tonight into account during their decision nukmg process . One last thing needs to be emphasized, he said. Debbie Guinther, the owner of Cornerstone Books, has mDde a commitment to take space at 1he Englewood CityCenter. I believe you have reviewed her business plan. he said, and there is a lener or intent from her that has been signed by both panics . At the Study Scs!iion lasl Monday. he said, we learned that if Borders comes into CiryCenter, Ms . Guinther is out, because of the non-compc-1i1ion agreement tha1 Dorders has . Mr. McMath asked that Council plea se suppon the Englewood mdef)(ndcnt businesses and their ability to grow within our commumty . He said there are a lot of peopk here 1omgl11 and he .iskcd 1ha1 everyone stand up that was present to suppon this cause . The y stood up and he thanked them . In closing . ~r. McMath said he hid a copy of the Englewood Charr,bcr of Commerce Directory .ind Buyers Guide and 1hcre is an interesting mono on lhc fronl. It says big city li"mg. small town appeal. Lets keep 11 tha1 .. .1y, he said . He thanked Council . (e) Buster Kcenen. on e of the managers of the Boulder 8,.;ok ~·Nf.". thanked Council for the opponunily 10 spe.ik tcmight. He s.iid he lives ait 2120 Canyon in Boulder does not live in Englewood and he never has, b111 he is a fourth geneu1ion Colorado ni11h hough! he understood so me of the concerns Council hu. Some of the things 1hey have to balanc ~ ..:en sales rax re,·enue. to bnng in the money the community ni:eds. and the need to serve the communuy that is generating those tax revenues . Mr. Ketnen said he was going to speak 10 Council a linle bit about what is happening across th,; country with regard to Borders and their attempts 10 move into vo.rious communities and r.lso what has b-etm happening in Boulder since Borders aMounced that they were plaMing to mo \'e there . In San Fni•,cisco, he said, from October nf 1997 to No\'ember of 1998, Borders attemp1ed to move into a location •.Jn Union Street This is a location where 1he businesses arc largely small ; 1he zoning is actually set for 2)00 &quart feet for the maximum size business. Borders came in and requested a variance to open a bookstore that was 25 ,000 square feet , which was vastly out of the community charnc1er. When the plaMing board told them they needed to scale that down . they dro~ it down 10 19,200 square feet . Still vastly higher than what !he rest of the community was . After mon rh s or meetings . he11rings and 1he communily becoming more and more involved, and collecting O\'er 3400 signatures opposing the Borders opening. the City Co uncil eventi..ally voled six 10 nothing that Borders hadn 't presen1ed enough reasons to grant such a large variance . Ffr m fanuary to March of 1999, Borders anempted to open an equal siz e start m Capilola, California . A1 each meeting the communuy involvement kept growing and growin : until several hundred people" were showing up for me e1ings . henrually the Ci ,J Council voted to appro1 ·e a 12,500 square foot store. rather than the 25.000 squ .i re foo t store Borders had requcs1ed . Al which point Borders declined 10 open any slorc :u all because it didn 't meet w11h their needs . In ~a ma Cruz. from la1e summer to early foll of 1999, Borders attempied 10 open a bookstore . 1be Cit)' Council nppro vcd an ordmance II) limit large businesses in their downtown aren , but fin:i.ll y voted not 10 block 1he opemng of the 23 .000 square foot Borders under threa1 of a lawsuit from the Borders CorporJtion . In Boulder last year. we discovered that a Borders was mo\'ing in and people from the comm umty started coming to us and askmg w~at they could do to help pre,·ent 1he Borders from openi ng . We colle cted names and staned ta lking to members of the commum ty . He noted that ill that pomt !hey were .ible 10 ralk to pe op le who were candidates for the City Council to kind of tell them wha t our concern s "ere and lo see what co nce rn s they were hennng from other people . They detennined 1ha1 1n Boulder there was a larger issue , he said . Bould er wa!i losing their characler comple1cly beca use of the mtlu x of chains and we were becoming J USl iike every 01her comm unity . He said the y deternun ed 1ha1 if the y be came ennrely mad e up of the same chain stores 1ha1 yo u se e everywhere else. people wouldn ·1 co me 10 Boulder 10 spend th eir money . It wasn ·1 going 10 do 1hem any good 10 h.1\'e all these extra chain stores opening because there would be nothing to draw people in . So. he advi sed. at tha1 poin1 we proposed a four-pan ordinance to 1he City Council. The first pa.rt was to propose th.-.1 1he Ciry of Boulder enact an offic ial bidding preference to local contractors. loca l businesses . B:u.:d on the premise that money s~nt w11h local busmesse s Y.i ll tum back around 10 the communi1y . Mr . KL~nen opined !hat those local businesses. because of1he multiplier effect v.ould have a much larger impac1 on l~c comnv;nity than money spcnl outside. The amount originall y proposed was • • • • • • Englewood Ci1y Council November 6, 2000 Pase 7 so mc1hm~ on 1hc: order or f;·c: to ten pcr\.'.cnt. \\'tuch. he pointed out. do l'sn't make that much money on the original con1rac1, but when 1h31 money 1s 1umcd back around to 1hc community. 11 can make a large difference . The second pan or1hc propo~I was to require that the commercial propenics that the City of Boulder owns and leases, be given first considcrauon to local businesses, since the profits from those spaces would be rumcd back around to the f ommunuy . Tht-third pan. which, he noted. was dr.Lstically mom controversial, was limiting the opcru1 g of any new cltlm sto res an the Cuy of Boulder, outside the comn:crcial enclosed mall area. We have ,me enclosed mo.II in Boulder. Crossr~ds. he said, and that is one of the major commercial ilfC3S in town . Outside of our old downtown area. t~t is the major conur.erciill are:i and we didn't include that m our limits on new ch:u n stores . \Ve said 1hat area has a totall)• different ctum1cter, it 1s not right 10 include tho.1 area. that :u ea 1s not pan of what draws people to Boulder 10 shop . It 1s a shopping area. bu1 people come to Bou lder 10 shop for other reasons . He stated we did say that rather th:m ban outlets in Crossroads. we'd just say that anything 1h .. 1 was over 12.000 square feet should come under further scnuiny and basicall y ho.ve public he:mngs so that the members of the community co uld tell the City what they felt about those businesses , if they were going to serve their necc.s or if they were JUSI going to be ;mother redundant business that was really not going to do the City any good . We presented this proposal 10 City Council, he said, and they asked the City Attorney to take a look at it The City Attorney told us on a Thursday afternoon that they were going to be discussing it on Tuesday night. So, he said, we immediately turned to that list of people who wanted to be involved in keeping Borders out and they rumcd around and sent O\'er 200 e-mails to the City Council opposing Borders. That was more e-TnD.ils than the y had ever rccci\'cd on :my topic that they had considered. He noted we would ho.ve used other methods if we had ho.d more than a few days to approach people and get them behind us . Because of the amount of support we had, he said. the Council tu.med aroUDd and told the City Attorney to stan drafting pans one of two for them 10 consider making law . In the time since then part one has nude it through first reading and been approved with only one no vote and the second pan is still being drafted and pans three and four a.re still under study for what actual economic im1>4ct they would have on the City. Mr. Kecnen advised th.11 Borders wou ld be opening their store in Boulder within a few da ys, because their project was too far along for us to prc\'ent it by the: time we go: to the City Council. Bi..t all the issues that were raised by the Borders operung are still unc'.:r discussion. .ue still very valid and very much a part of conversation in Boulder. Pan of that com·ersation is wha: part .i business should play in its community and what kind of a citizen a corporation should be . He opined that the ,1i:ay Borders skins the sales ta:( issue on their internet sales is . .m example of !he kind of responsibilit y they feel toward the communities where their stores arc loc aled . Virtually every promouonal item that their stores disttibute includes the web addres s or suggest to the customers th.u ha\'e gone 11110 the store. that they shop onlinc. He emphasized that 1101 one cent of thos e sa les will benefit this co mmunity . Barnes and Noble. Borders larges t corpor:uc compemor has agreed 10 collect sales tax onlinc, because 1hey are now putting kiosks into 1hc1r stores. Borders h:as no such plans , Th -:1r ~IToru 10 change zoning . such as that from 2500 to 25,000 square feet. show how much the y want to fit io10 ::onununities and how they deal with each town in a cookie cutter approach . Bookstores a.re in m,,o y " .. ys a family. he said. and tha1 is pan of why we arc here torught supporting the local bookstores here. B.;t. he pointed out. no one hkc s a bully and that is kind of what Borders and Barnes and Noble h:i\'C tumcrl into. They have been operating beyond the pale, he said, and that is why our national association has filer.! sui1 :ig:iinst Borders and Barnes and Noble . II is part of the reason why no one from Tancred Cover co uld be here , bcca•J.Se they arc pan of that lawsun and they could nol :ippcar in public opposing Borders . Mr. Keenen s1att ·d that in the last eight years the number of independent bookstores has gone from 5300 10 3500. the squ:,,·e footage of bookstores in the coumry has quadrupled and the number of books sold has stayed virtually uncha nge d. Having:,, Borders open here 1s no guarantee that rhere will be any more sales of books 111 Englewood, he said. :ind 1fthe n:11ionwide panem con11nues there wouldn'1 be . Quadrupling the space has not so ld a single: extra book . He thanked Council. (f) Bobbi NkCandless . owner ofCoumry Garden s at 2S00 So uth Broadwa y, slated she is not a bookstore. but sl 1c is an independent small business owner and a good fncnd ofDebbte Guinther of Cornerstone Books. She noted that when she w:is given the pad,age of tnform:mon she reall y didn ·1 know 100 much about what was going on . But ilS she read. she said. sho:: r\.'aliz ed that as a sm.all business. it wa.s very sad 10 see that we reall y don 't have: much say . We can come up here and express our concerns. she said. but when the town of Dillon :ind Boulder rallied toged1er to figh t th.ls situation and to \'Dice their opmicn it did n't work, it didn't matter . Boulder~:~ they were a little bit late . bu1 D1llon fought from the Enalewood Cuy Council Nol'ember 6, 2000 Poge 8 beginning and she 1hough1. .. where :,re the Sn13II business righ1s? She pointed out that we arc the personality and 1hc charm of any town, whc1her you nrc slllllll. medium or large . Englewood just came through and modified our streets and ii is nice and our small businesses can sci up there . We arc something spccilll and pc, ,pie c::m come and stop 10 shop . She pointed out that we do c.uer 10 our people :md we offer them specialti:: ·hat they c;;1;nno1 get anywhere else . I am indirec1ly :iffectcd , she said, bcc:ausc when my small business owner friends stan going out of business it affects all ofus, because !hen we hnvc vacancies ;md empty stores and ow rc\'enue docs go down . tam here as a sm:111 business owner, she said . t ·.s ic:,llv offended ttuu a multi-million dollar company is offered a subsidy 10 move in. when we srruggl ,. ,ii1 1ly as small business owners, do our own promoting and work with people in our small communi1ic . ,, wlt·:-.. is 1he subsidy to help us? Mayhc if we were subsidized a linli! bit. we could add more employe,. · •. , I Wt. could have more 10 sell and we could bring in more revenue . She ::isked 1hat Council not ge1 rid c;f •1·• small business owners . Ms . McCandless slated we Jove it here :ind our businesses arc beginning to grow and we suppon each other. She 1hanked Council for listening 10 her . 7. Nr.n-scheduled Visllors {::i) Bill Clayton. 95S E:ist Cornell, staled he is a resident of Englewood. a small businessman and the Co-President of the Greater Englewood Chamber of Commerce . The Chamber has been asked by folks on both sides of this issue for suppon . ~r. Clayton advised thJt the Chamber ofConunerce Board of Direc1ors has no1 had an opportunity to discuss 1his specific issue in order t0 mak e a recommenda1ion this evening . In panicuhu . he said. we arc no! going 10 commen1 on the issue ofpro•·iding a subsidy. because we do 1hink that is an issue our board should take up . I'm sure, he noted . that we will have ::i lot of in1cresting discussion about it. HoWC"vcr, he said, he spoke to his Co-President Teri Dion. our Executive Direcror Marilyn Brcncngcn and the chairperson of our GovC"mmcn1 Affairs Comminee. Jim Rees . We all feel 1his is :m imponan1 issue and thnl the Chamber should offer some comments. which are consistent with our on-going Ch.:.mber policies . First he said. l would just offer the thought th111 isn 11 it interesting how commerce has changed over the years . I was j ust thinking about that 1oday. We :ill shop at supermarkets. we don 'r go 10 a small meat store and a small bakery and a produce slore and h.3.ve 10 pay inctividually and h.a"e to seek those oul and to dnve 10 them. We order by fa:< and e-mail, we pay on•line e1tttronically and some people 1elecommute to avoid dnving. These are changes m commerce and trade, ~.c said. and l don 't think we arc going to DC' able to rum 1hc clock back . We a go ing 10 continue 10 set .:h:mge, some of which is difficult and painful. Overall it has been the objective of1he Chambc:r 10 work for a vibran: :-err.ii• shopping cnvironmcnl in Englewood . An cm·ironment. which anracls popu!Jr stores and provides a broad popular range of products and se n •iccs to attra ct shop~~rs. nol just from our City bound:u 1i;:-s but also from a larger area . Hislorically we have attraclcd sa les, peo ple have come 10 Englewood 10 shop ~r:u,sc we had stores 1ha1 other areas didn 't have . We need 10 create an i;:-nv1ronmcn1 that genera1es lots of sr.les tax revenue 10 fund our govemmc1 •. because we know 1ha11he magic i;:-nginc that has fueled Engk\\·ood's prosperity ha s been sales tax rc\'cnuc . Our Chamber membership includes large businesses Jnd small businesses ... small bur .. nesses. mos1 of them ha\'e worked very hard 10 build their businesses and prosper and we cenJmly suppon their effons . This pre sents us wnh an intere sung di 1emma . Do we advocate pro1ecung the small stores by excluding larger nauon:il chams ·.1 Ca n we bmld a pro sperous new rer:ul center here in this location by c:r-::1udini; the popular retail chains? And . he commtnted. we know why 1hey are popular . They are popular bccJuse lots of people wanl to shop !here . \Ve need 1he shoppers 10 patronize our Center. we need shoppers IO attract more small s1ores 10 com pliment whate ver stores we have . He suggested that perh.ips if we were loc::itcd on an island or 1f we were Boulder. where yo u hnve 10 drive 35 mile s 10 get 10 the metro nrcn , we \\Ould hn ve more ahemall\'es. but we are not nn island. we are surrounded by a metropolnan area. which hn s a \'Cry compclitive retail en"1ronmcm . We are surrounded by brand-ni:\\, diverse. co nvenu:m ret:111 centers and all oi'thesc are domg C\'ery1hmg !he y cJn ... from Cherry Creek to Southclenn to Park ~·kndows 10 Stevenson Center ... 10 co nven l"ur customer base 1010 their cus1omcr base .-~·Ir. Clayton opined 1ha.1 consumers tha1 want to shop 31 .i Borders '>r a Barnes and Noble or a Tnncrcd Cover are nol going to forgo that J,.lrchasc JUSt because we don 't have 1ha1 store . The y arc just going 10 dnve another 15 mmutes and shop ou!Slde Englewood . >.nd the speaker who made the commen1 !hat 1his may diven sales from one pan of10"1110 ano1her ... that's .-:irobably true . We need to divert some of those sales here , These folks tha1 shop outside ofEnglewood ... on their way , in 1he process. they will patronize 01her shops near 1heir destinanon . Not Englewood shops . 11~y will cat at restaurants near their • • • • • • Englewood Ci1y Council Novembe r b, 2000 Page9 destination . Not Englewood restauran1s , And they will continue to sh!:'p outside of !:ngle wood. If we want Englewood to ha\'C a vibrant retail :irc1t we must iutract IUld keep the kinds of s:'lrcs th3t arc going tn attract customers, he s:iid. Mr. Clayton stated th:11 popular bus y stores, which :1ttr:1c1 othc~ sm,ller stores, create a synergy . which pro\'ides a hcillthy business cn\'ironmcnt ror all or Englewood 's rtt:u: '.,usiness . In summ.iry. he said, the Greater Englewood Ch:imbcr of Commerce is r,ot going to recommend a panicular business , we are not going to say bring BordL'rs here , but we are not going 10 say C;'(cludt: Borders. we arc not going to say :h:ll restricting to one panicular type of business sho uld be th,: function ofgovcmmcnc ... 10 say you can sell II our 1own 3nd someone else ca n't . Be cause, he re11era1cd . we 3re nol an isl.ind . The Chamber conlinucs to suppon a process, which encour~ges 1he developer and the City 10 find quality retailers 1h111 will anrnct shoppers to Engle ,, ood. and cemunly we: hope those :ire indeJY.=ndent retailers. which will suppon and encourage :i. vi bran1 rc1ail business environment. Just as a personal :i.side, he said, ..as I am a rcsidcn1. 1 imagine 1here are people here 1oni ght who arc hllpp y th:1.1 the large chllins thou were in Cinderella City arc gone ... the Penne y's , 1he Sears. 1he W:i.rds. the M:i.y D & F. Personally. he said . I am real 1ired of i1. hery time I go to shop I ha ve to go somcw here else. I ha ve to drive to get there and when I spend my mone y non e oftha1 tax dollar comes back 10 Englewood . It 1s ume. he said. tha1 we get some Slores in Englewood . {b) Mary Ellen Turner. 1720 East Danmouth Avenue, said she just found out about this meeting yesterday even ing , so she has hcen joning dO\\lt m,,c s and asked that Co uncil bear ,vith her. I enjoy shopping at Cornerstone Books. she said. bec:1use Deb bie Guinther is my neighbor. I want to suppon he r business , she is in my community and she kno" s me . I go in, she knows the types of books I en Joy, if she docsn ·1 carry them I can order them through her. I apprccia1e the personal contact I have with her, she said, rather than just maybe a seasonal employee IA·ho isn't that knowled geable about a cenain lype or reading material . Ms . Guinther and I arc also in f p.oressional network group and as a ru!e of thumb in this professional network group: no one comes in whv ls in Jirec1 competition with somebody else . She no tl!d that it might be an ideal, but it is a wonderful wa y to do business in a community and w..:: hnve all prospered from referrals from each other 3nd suppon each oth t · in a good way. Ms . Turner expressed her con ce rn about the goings on, about Ms . Guinther propo fmg 10 lease space in the new complex and having th ,. space changed and having a potential Borders Books co mpete wi th her . II see ms to mi:. she sai d, lik e ab each or goodwill. certainly a breach of faith , or possibl y a breach or contr.1c1. She acknowledged that ccnamly you need revenue . Ms . Turner commented that sh e find s herse lf see king out more unique places to sho p I shop at P:1squmi 's for their specia l breads and they have th e best linlc: cookies m 1own. she said . There 1s no1 nece ssari ly a line out the door. but I \\Jnt 10 spread the word tha1 th:11 1s the best. El Tepehuan has the best Mexican food arcund. she opined. it's our little secret. but the y arc alwa ys full because lhe word spreads , We suppon these busine sses . \ls. Turner advised that she al so. for :i. time. lived m Shendan. She said she doesn·1 nece ssari ly remember the detai ls, bcc3usc she has hlld to dredge this up qu ite quickly, but she remembers the story of Pace and the story of 1he Sheridan gove mmen1al co mmunity being quile excited about 1he revenu es that Pace was bringing in . They buih a new cit)' hall and they got all kinds of bonds and it was fabu lou s. But then Pa ce moved . the y chan ged their n3me and they moved 10 Denver and lhe city government was crushed . She said she was not sure what 1hey did with the bo,1ds. bu1 they had 10 move their location because this big n3me corporation just picked up and moved ou1 3nd it was devastating 10 1he t0\\TI . I'm not sure how Englewood subsidizes the big businesses th at come in or the small b1Jsinc sses, she said. bul my fttling is tha1 Ms . Guinther has an oppo nuni1 y 10 expand her business. she is umque. she focuse s on a panicular brand of books. but she ha s 1he opponunity wi th 1he light rail and the location to expand her bu sine ss to include more. Cenainly, if she is inc lu ding 1hc bus s1a11on she ts flexible cnoull:h 10 mcludc more . She has the opportunity 10 bring in more people and I would like to see her succet"d. \is. Turner said. and if you subsidize loc al ,1eoplc I 1hink she should be in the running . I \\Juld lo\·e 10 sec h..:r succeed and broaden her ~ookstore . S.1e 1h:i.nh d Co un cil for li s1cning. (c) Perry Deshler slat ed he is a res1den1 of Englewood. that he mov ed into hi s firs t hou se abou1 1950 and he saw thi s spot when H ,, as a mne -hole go lf course . He noted he 53w Ci nderella Ci1y go up and go d0\\1\ and he has seen the Co un cil make so me \ery good dcc1S1ons :ind so me \'Cry bad decisions . I ha ve a little books1ore m Engle wood. he s.:1.1d . 3nd ! am ~lso :i. real est:uc broker . It 1s a used bookstore and if you pu1 m 20 brand-ne w bookst or es it "111 nuke me h:ipp y. he sanl. be c3use 11 make ~ more busine ss for me . But I have seen 1he situ.J.Uon. he s.J.1d . when I had a p:i.n1 cular bookstore on Colfa x and the cny Englewood City Council November 6. 2000 Pose 10 came in and subs '.dized the developers, the rc:.I esta1e agents and changed 1hings. They ~ave them money to develop businesses and kick people out on the street. The ci1y subsidized a Ramada IM and rebuilt it The people 1h:11 owned ii came 10 me, lie said, and asked me for copies of books on Hawaii , as thJt is where they lived. Th3t is where the money from the subsidy wenl was to Hawaii . Mr. Deshler s1a1ed that the subsidy for any bo x s1ore is nol coming 10 Englewood . I imagine , he said, if you go check Wal-Mart right now. you will find that the majority of their employees don'1 li\'c in Englewood and probably don't spend their money in Englewood . his a situation where the new s1orc would help me , he said, but it doesn 't help people like this . He said he doesn't th ink it is good fo r the City or the linle bu siness people in the City . Your position as Mayor and Council members, he said , is to do rhe best you can for the people of Englewood . I saw 1ha1 happen when Cinderella City was buih ::rnd I saw just the oppJsi1c when it went down . Bui, he said , I hope Council will gi \"C II due consi derati on for the link people rh:11 work here . He thanked Council . (d) Pnscilla Bcnncn . 35 81 South Coruna S1ree1. sai d she is :m F.ngl cwood resident and she ~s li\'ed here for fifteen years . Twenty-li\•c years ago. she said. I came here for a vacation and never left. I remember coming he re a1 noon on the fifth of ;'lovcmbcr in 1975 and thinking what a great place . I come from New Jersey and thill"s not a grc:a 1 place . Tonigh1. she said. what I have heard is Iha! we ha\"e ab so lu1el y no mem ory wtia1Soc\'cr: because we are suppose 10 lilk c into account history. Ms . BeMctt s1.atcd that a long umc ago 1here was a bunch of peopl e thro"TI out of their country, about 2000 years ago . It took 40 years for 1hem 10 repopulate their people hopm~ 1hal the y \\Ould forg et what the y had come from . In 1945 a holocaus1 happened and they said lcs1 we e\'er for ge t There arc so man :1 bu sinesses that have come 10 1i1is town that ~vc taken everything awa y from us , she said . Cind erella City closed within one 25-ycar period ... that is not C\"en a gcncra1ion ladies and gentlemen . When do we remember"! Is this all about money"! Eng lewood. Co lorado is one of the few small places that s11ll exist as a small independent business • I0\\11. She opined 1hat it is absolutely ridiculous 10 offer il subsid y 10 a big corporation that doesn 't even need your money 10 mo\'c in here . Now, she asked, when arc we go ing to lake a stand and say no more? , am sick and 1ircd of what is happening, she said, and you can beautify the streets all you want. but until you get real about the fact of what is going on around here , we arc III serious trouble . I have heard projections 1~1 this dam thing ou1 here is going to fail in three years . And you know why? Because it is good business for these big people 10 take a 1ax deduction . I was a registe red nurse for 27 years, she said, and I'll tell you what I spend my time blowing the whistle on western medicine . because it is time that people stand up and say no more . \Vhr n arc we allowed to s.a y no more 10 the big guys ? Because when those big gu ys stand al whate\'er judgmem gate we all might stand at. we will be judged for what we have done and what we have done is gh ,.., awa our power. Our power 1s here . Our power is here. our power is the se little people right here that pa) ,. :rybody's salarie s. that pa y 1hese cops. pay the se pol iucians, pay the se people who are ou1 here C\'ery s111 gle day . Ms . Benncn commen1 cd 1hat when you lei a big compan y like Borders come in here and ruin !hat. I say 10 hell wi1h it , I mo\'c out of thi s co untry because i1 is not e\'en worth it . She told Council thank yo u \"cry much . (e) Val Pcr:mni , -l2 00 So uth Delaware , said she 1s J friend of~1 s. Guinther. bu! she is here as a cuizen . She said l .:01M1cnd the Council on uymg to balance the large and the small . .-\ books1 ore ,s such an m11ma1e thing . She stJted 1ha1 she does riot pu1 the Tancred Cover in 1hc CJtegory of big busines s. as it 1s 1mimate and beautiful. I wo·Jld hopt: \1 s Gum1her woul d be allowed 10 be here and expand . she said . She a(iked that they walk mlo a Bord ers Boo ks and rr y 11 . \\'e arc all different. she sn1d, and ma ybe you will like 11 . As a c11 12cn, she said, her p:ea 1s 10 go \\llh ~m:iller people when yo u can and balan ce 11 out and do 1he be st yo u can. :is you ha \·e been doi ng. 8. Cummunlc:uions. Proclamations and Appoinlmenls {a ) .-\ len er from ~la rg are1 R. Giffi n 111dic a1in g her rcs 1gna11on fr om the Engl c\\ood Pubh c Library Board wa s co nsidered . COU~CIL )I EMBER IIRADSHAW )IOVED. AJ,,;D IT WAS SECONDED. TO ACCEPT WITH REGRET THE RESIGNATION OF )IARGARET R. GIFFIN FROM THE E~GLEWOOD PUBLIC LIBRARY BOARD. • • • Englewood City Council •Jovember 6, 2000 Page 11 Morion carried . Ayes : Council Members Nabholz, Gamon, Brodshaw, Wolo.syn, Yurr.hick, Grazulis , Bums Nays: None Ma yer Bums , on behalf of Council, wanted 10 thank Ms. Giffin for her many years of dedicated service to 1hr: Pnblic Library Board. He no1cd she has indica1cd she has mov,d , Council Member Grazulis s1arcd she has had 1he opportunity 10 work. with her for two years on llu, Libnry Doard and t he will be sorely missed because she did contrtbute a IN 10 thnl Board . Ms. Gruzulis wished her the best in her new endeavors . 9. Public Hearing (a} Muyor Burns staled we have a publi c heanng scheduled to gather inpu1 on Co unctl 81ll No. -40 . amendmg the City of Englewood 's rights~f-way ordinance . Council Member Gmcn advised that he would not be ~nicipating in the public hearing as he has a confl1c1 wi lh bis employer. Council Member Garren left the dais . COUNClL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN A PUBLIC HEARING TO GATHER lNPUT ON COUNCIL BILL NO. 40, AMENDING THE CITY OF ENGLEWOOD'S RIGHTS-OF-\\! AY ORDINANCE. Ayes : Council Membcn Nabholz, Bradshaw, Wolosyn, Yurchick . Grazulis, Bums Nays; None Abstain: Couni:il Member Garren Monon carried and the Public Hearing opened . All witnesses were duly sworn . Oirec1or Ross stated that the pwposc of thi s hearing is 10 gather public input on rhc pruposed right: ~f-way ordinance that was approved on fir st reading on October I 61t1 . He subnuttcd Proof of Publicauon th.a ; nonce ofthis pubhc hearing w:is published on October 20, 2000 m 1be Englewood Herald . In addiuon. he subnuncd a copy of ;m e•rmil notice he sen1 out Oc :ober 10. 2000, 10 1hc telecommumcation providers and service providers that had expressed an in1eres1 m ou endea\'or, JUSt m case, be said, some of these pro\'1den do not make a hab it of re:ding 1hc En't lew"'id Herald. Mr. Ross stated that this pan of the Englewood Murucipal Code was last revised 1n 19tl5 and a lot of changes have occurred in lhe telecommunicauons industry since then . As 3 result. he said, we felt it is umc 10 modify lhe rights-of•way ordmancc to mnke sure we arc bcncr 3ble 10 wo rk wi rh 1hf-new pro\'idcrs that desire to makr use of our pubh c ways m order 10 ins1all 1heir fac1ht1cs . He: noted that, m 1he Denver mc:tto area, I.be City of Lafayette has passed a similar ordinance . Greenwood Village, Arvada and Commerce City are also working on redoing their rights--of•way ordinances . Director Ross advised tl111 they spent many hours in meetings with rcprescntati\'eS of various companies 1hat will be afTcc1cd by Otis ordinance and significant changes and mudifications have been made as a rcsuh of those discuss1om If there arc any questions that come up dunn~ 1ttis public hearing. he said. that you would like staff 10 address , Ken Fellman and I would be \'Cry happ y to 2,ivc It our best sho1. He no1cd that Ken Fellmnn was ou r legal coWlSel who ha s spent countless hours working \\1th the Greater Meno Tclecommumcauon Co nso n1um on the model n"hls•of.way ord m:ince and ~Ir . Fellman will no doubt be spending a lot more time as a result of the valuable input that Englewood and Lafayette have rece1Ved dunng th.ls process. 10 inco,pora1e the input we have recei\'ed into the new model ord inanc e. With Council's pemussion. he said. he would lik e 10 stop talkin g and give the cmzcm :tnd co mpany representa11vcs rhc opp>rtwut y 10 express 1heir concerns and commcms . Jun Campbell \\1th cbc policy and b.w group with Qwest Co mmwucalions , 1801 Ca lifom111 Street in Den\'C'f. uid that w11h him 1oday is Dtru1 Diehl with lhe Q\\CSI public 11ff.:1i.rs group. He noted !hat Ms . Deal Englewood Ci1y Coun1.·il November 6, l'lOO POijC 12 and Mr. Bob Banun wcrt· th!! key Qwest personnl'I who me1 \\llh Cit y Council and staff during the nego1ia11on process of the proposed ordinance . He su1d he w1rn1ed to lhan.k Council for :illowing Qwes1 the opponunily and time: 10 offer their :onccms and 1:.suc s regardmg the proposed ordinance . lie opined tha1 they hllve work~d diligcnlly with s111ffand the Ci1 y·s consuhant m 1111at1emp110 rc~ol vc any issues they migh1 tui.,·e with the ordinance . Unfonumucly, hi.! adnsell, some of 1heir major issues 1emain unaddressed and he "'anted 10 1alk abou1 1hose toniijhl . Firs1 off. he said, Qwest definitely acknowledges and respects 1he Ci1y·s increased ctulllengc m m:un1aimng i1s streets and publi c rights~f-way in a co~ctitiYc cnvironJtl(nt, with multiple: providers :inempting to pro \'ide :id\'Jnced tclccommunic:uion services 10 the constituents of Englewood . He acknowledged th:t.t it is a difficult task and one 1h11 they certainly understand is gelling more and more d1fficull . With that . hc-said. state :md federal law is fairly clear as to Ju risdictionnl limits upon a cil y as 1hey try and exercise 1huse nglns 10 manage and admmis1er the public rights-of-way . Mr. Campbell said. genera ll)' speaking. the c111es canno t use these 1ypcs of ordinances to generate revenue in excess of the actual costs they occur man anempt 10 mamt:iin and adminilter the public rights-of•\\'il.y . He stated 1ha1 Qwest's opinion 1s that the ordinance . as wnnen. is either inconsis1en1 with 1hose legnlly mandated principals or is unclear as to how the City shou ld implement its rights and obllga11 ons . He said he would like to go 1hrough some examples and concerns they have . Fint. the ordinan ce requires that any pro vider, wishing 10 apply for an appli cauon under this ordin:ince, musl provide the Ci1y 1he location of not on ly its facilittes but the locat ion of other provider's facilities as well . rm no1 sure where the requm:men1 1s 1ha1 Qwest maintain or rrack the loca 1ion of 01he r provider 's focili1 ies, he said. :md to do so would be e:<trcmcly cosily . Addiuon:1lly. he no1ed. gencrJ ll y, the information !e'-(uired in the :1pp lication and perm.it process appears. to Qwest , to be UMec~sary and excessi\'e. For exampl :'!, ;md I quote. he said, .. ,he City requires that providers provide the location of 1heir facilities in a wrinen a11d verified format pursuant to Ci ty guidel ines :· He pointed out that. to date. there :1re no City guide lines . Other jurisdic 1ion ~ h11\'c asked for decrronic fo rmDnin g, GJS fonnattmg. and they arc not sure where the City is going. at this point. l11us far. he opmed. n appe:irs very open ended as to what the City 1-; requiring of Qwest. He pointed out that Qwest has been providing infommtio n to the City regarding the loc::11ion of its focili1ies within time frames. and utthzing formals , whic h have always appeared to be acceptab le. ~or. he :id vtsed . have we heard from lhc Pubh c Works Dcpanment that 1he current situatio n and 1he cuncnl status quo 1s 3 problem . Therefore, he said . the y would suggcs1, to the ex1cnt 1h:11 the City promulgates guidelines in 1hc future. 1ha1 the y u111ize the ex1 sti11g situauon Jnd the c,.;1stmg stntus quo 11s a baseline for that and not impose new or additional 101.:auon rcquncmcnls upon ex1stmg providers. If we were lo expend the money to develop new formats we mlght have 10 do that mall of the juri sdicuons and that could be a costl y cndea\'or and the cost would be home by the ciuzens in Englewood :md Qwest subscribers in Englewood. he said . Additionally, the onlmance requires 1h111. in ccrtam circumstances. l..)wcst locale its facili1ics underground at its own cost. He noted the City doe s provide an excepuon where stale law allows . Mr . Campbell said he wo uld point out thit state law 1s \'cry clear that relocattons undertaken for aesthetic purposes. 1h111 the costs should be borne by the rcques11ng part y. not 1hc utility provider. For relocations for 01he r purposes. Qwes1 is required to underground its facilitie s. The cost of tha1 would be borne again by the cilizens of Englewood . An additional requirement. and . he snid . 1h1s is an unusu.il requiremeni. 1s thnt Q\\c s1 share surplu s conduit and surplus fa cilities ms1allcd \\1th other pr oviders . We pomted ou1 , he advised. to the s1aff and 1hc consult:1111 1h:11 Qwes1 1s an incumbent hxal c:xch3ngc provider and has federal and slate requirements tha t it open its facill1tes and inter connect 11s facilities w11h compe1i11ve providers and this is all pan of the 1996 Telecom Act . The City apJ>(ars to be :i.ncmpting 10 impose 11ddi1ional mwrconnecuon requirements upon Qwest by requiring them 10 provide our surplus ducts 10 uulity providers . These obligations arc hca\'i ly regulat~d by the State PUC and he dad not think tha1 the City would even want 10 gel into the middle of somt• of the se rcla11 onsh1ps . He pointed out that they have been 1hc grounds for some brutal bol'nles in from of. not only Colo rado . but other s1a1c commission s. as well . So. he said. we would ask 1hat that rcqutremcm . at least from Qwes!'s pcrspecl i\'e. be remo ved from the ordimmcc . Wi1h rcspcc110 the placement of surplus du cts. he s~u d. Qwe s1 and 01he r providers of\cn pl:ice :i.dd111onal or surplus fac1h11~s m the ground m an11c1pa11on of funme gro1,1,1h. cspcc1ally m today 's compc1111 vc marketpl ace. that 1s now a nece ssity . He expt1med 1ha1 the reason 1h:it ts done is 10 avo id 1hc ve ry problem tha1 this ordinan~e 1s rrying 10 re solve and 1h:i1 1s new construcuon year af\cr year after year . And , he noted . for the C11 y 10 place a requireme nt on a pro , 1dcr that ll somehow Jllcmpls to regulate these surplu s ducts , 10 1he cx1cn1 1hey go unused for ii. definite penod ol 11me. appears ro us 10 be Wlfcasonable . and. again . we would ask tha1 !h ose rcquiremcn1 s be remo,·ed . The ordinance also pl11ccs a moratorium on • • • Englewood City Council November 6, 2000 Page 13 new construction within rights-of.way, which have been excavated or constructed upon. for two yean after that construction. Again. ht SA.id, I undentand the City's concern here, they don 't want tbe stteeu to be dcgndated. they don't want continued construction, week in and week out and for companies to come in and excavate. But again Qwest has a unique perspective. he said. Here is 1hc incumbent local exchange provider. we"re: the cmicr of last rcson . We have to provide service to any requesting pany. Failure to do so would violate both suue and federal la w. Mr. Ca mpbell stilted tlun the ordinance is unclear wbcthct Qwest can actuall y sausfy its state and federal obligations , abse nt a special waiver from the City. The way I read ii. he said. we would have 10 apply for a wai\'cr to allow construction in that effected right-of~way during the two-year period . I don't think the c11mer of last reson obligations should be an exception or a wah•er type rcqu1remen1. he s11id . He opmc:d th,11 Qwest would be in 11. position where ii would be forced 10 \'iol atc ci1hcr !he local ordinance or 1hc Stille or federal 111.w. He pointed out :in01hcr unclear provi sion, that the ordinance con1empl:ues a lee structu re , but there are no fees attached. As many of you arc aware, he sa id . the va lidit y of ..:enam fees, franchise l(es and rental fees, ilrc currently the subject of litigation between Qwest and the Cuy :ind Co unty of Denver. Mr . Camp bell sa id that he understands the decision is pending at any time 11nd 11 is 1he1r hope that this case will offer specific guidelines and parameters under which. m Colorado. Qwest and other utility providers can n(gotiate with c1lies such as Englewood. regarding the pla ce men! of f:mliues in the nght-of-way. He :advised that the ordinonce, that is the subject of litigation in the City 11.nd Co unty of Denver case, is substantiall y similar to this ordinance and many of the concerns th.at Qwest rai ses here tomght ::ire the subject of that liti gation . Qwest would suggest that the Cit y wan until some dclimm·e guidelines are established by the Supreme Court. We can reconvene with the s .afT and the consultant. using either this as a base or whatever guidelines are established by that cow, as a base and be able to have a berttr chance of negori:aring an ordinance which docsn 't st.'ffll so unclear and open ended with man>· of the substantial provisions, he said. You may get a suggestion, from the consultant to the City that if we do delay it, that QYt'CSt and other utility providers be prohibited from constructi ng . if we are glling 10 delay the ordinance , lets delay corutrucrion. Again . be said, I don 't think that is necessary given the fact 1ha1 there is an existing lo.win plo.ce and Qwest is constructing in the streets of Englewood. we arc pulling permits. we nre paying the required pertT"jt fees :md we :are worki ng with the Public Works Oeparnnent on a day to da y basis to ensure that your needs and our needs arc met. To conclude . he said, Qwcs t's posiuon is that many of the provisi ons of th.is ordinance are unclear, many of them appear to be in excess of the City's jurisdt C'I on or state and federal la w :and impose an additional layer of regulation on an already incredibly re gulated industry . The positioning and the suggestion is d\at Qwest and the 1elccommun ica11ons industry 1s somehow a cost burden or a liability 10 the City and its mfrastrucrure . I wou ld argue . he said . that the opposite is uu e. that the fac t · ,1 the City of Englewood streets being dug up at 1h1s pomt 1s J sign 1hat uuluy providers feel tha t Englewood !ihould be at ~ forefront of receip1 of th~ advanced and compcru1,·e services offered by tel eco mmunications and other utility providers toda y. The 1996 Ac! opened the door for ::1e development and deployment of these scn•ices and the foci tha1 compames are here providing these serY1ces to the ciuze ns and businesses of the Ci ty of Englewood , as well as lo the City of Englewood. :are a sign th.at this is a very key jurisdiction for the provision of those se rvices . So therefore. he said. we would request 1ha1 we uelcy 1his until we gel some more definitive guidelines fr om the Su preme Cou n and then reco nve ne wnh thi: Cit y staff and City consulta nt 10 have more lnu1ful d1scuss1ons and a much more defim11ve ord inance. He thanked Council for thc1r1ime . Margaret leJustc. the Director of Govemmcm and Community Affairs for AT&T Broadband. 8000 East Iliff in Denver. said tha t Jim Campbe ll with Qwest has reall y state d. primarily, all of the concerns that AT&T Broadband has :is well . but she would like to add one other thin g. F1 r:;t of:a ll . she said. we resr,ec1 very much the City's concerns O\'cr the ngh1s-0f-way. She comme nted that th is 1s a ne w millennium ?!\Ci we arc now faced wnh a lot more compctmon and 1he City is faced wnh a lot more compa nies c:ager to use 1he rights-of-w :a y. Ms . leJusle noted th.at she has been working for the com pany long enough and attended the telccommunicouions meetings long enough 10 understand wha1 havoc the unregulated use of rig l,cs-0f~ way can create for the City . And \\-e also. she said. appreci:ate , ,,cry much, a very, ,·cry productiYe and resporui\'e meeting 1hJ1 we had with Ken Ro ss where we expressed a lot of our concerns . Mr. Ross did respond 10 ou r con cerns and did make ,~veral c~nges to the 01dinance, she said. but there :1re '.ltill some remaining provisions that are worrisome . Mr. Ross talked about how this ordinance is focused on new providers . She pointed out that AT&T Broadb:and has been providing cab l,: to the City for 20 yc:ars . 1be Englewood Ci1y Council November 6, 2000 Pog< 14 City is familiar with us. she said. !he City is ~imiliar with our 11nempts and our practice of complyina with the ordinance as with our franchis,·. We consider this ordim:mcc, she said . as currently written. 10 be over burdensome: and it conflicts in several ways with the franchise agreement we hive . We are always committed to complying with thr. telTilS of our franchise agreement.. but, she noted, we arc very concerned that some of the provisions in this rights-of.way ordinance arc requirements thal we will not be able to comply with. such as bringing plnns at the very beginning. timtlincss of 1clling the City what we intend to do .i.nd in a timcframe when we don't quite know what our design will be . Aga m. she said, we would like 10 rci1cra1c Qwe~t's request tha1 you wait for the Supreme Coun decision to cl ari fy the terms and give us dclimtivc guidelines. We. again, ;:ire very much aware of the City's concerns and we very much appreciate the staffs responsiveness 10 our conc-:rns. but we ask th:11 the City wait 10 pass this ordinance until more of the concerns are senh:d and we come up wuh an ordinance that everyone can live with and will be very benefijal 10 the Ci1y. She !hanked Co uncil . Council Member Bradshaw s1a1ed she thought the)· should give the publ ic a i;enernl idea of what this is aho u1. She explained that what happens lS when difli:rcn1 utility companies come in 10 put cuts in our streets. we have had difficulty in enforcing the quality of work when they pn1 ch the street. Director Ross said yes, that, as well as 1hr fact that Lherc has been a trcr 'ldous growth in the 1elccommunication industry in 1his area . For instance m Phoenix. the y .: exploded from three providers 10 50 providers in the last yea r or so. He pomted ou1 the .;ituation we hao wi th ~kleod USA. They have no customers in the City of Englewood; the)' just need a way to get around the metro area and through Englewood. Obviously, he noted. a lot of our cffons here arc directed at th3t son of thing, where people arc just using our rights-of-way 10 come through rown 10 ge1 to the more lucrative pans of the city where they want 10 provide services. such as Inverness. Den\·cr Tech Center and the Broomfield Offi ce Park. These :ire the crown gems in the metro area and Englewood 1s jus1 one of those cities, a1 the pre scn: 'ime. that ilrc being ustd so they can gel 10 those gems . So. he s.>.id. we recognize tha1 and we do ha ve the concern about our rights-of-way, that every ume 111s cul. the y depreciate 1hc :1moun1 of life tluu we get from our streets. Bctausc you jus1 can't gc1 back 10 where you were, as for as gcning ii whole. unless you do a reconstruct. And ob\·iously, he noted. that kind of goes 10 the Jegradation pan that we arc not going to address at this time We arc gomg 10 wait unul the Supreme Coun c:ise is heard . Director Ross advised that we pulled the degradation issue oil the table . He exp lain ed that ~he resolution we will be considering ilucr on 1his rr •nlh will only address brin gi ng up our pcrmi1 process as it currently exists to charge the fees 1ha1 arc more rcprcsenu1tivc of what u costs us to adm1ruster the rights-of-Wil y ordin:mcc . He pointed out that we saw a terrifi c example with !he Mcleod LIS A s1ruation. where we spent over 100 hrurs to process 1ha1 permil and the permit fee wa s onl y abou1 SI 00 .00 . He opined it was just ridiculous. We arc n>t trying 10 mcre;:ise the re venue, he said. we are trying to do a bencr JOb of covering lhe cost of what it 111kt s 10 adnumster our rights-of-way. Kenneth S. Fellman, 3773 Cherry Creek No nh Dnvc. Suite 900, in Denver. the City of Englewood Special Counsel for Telecommunications. ad vised that be has been workmg with Co uncil. Ci ty staff and the industry on this ordinance . He said he was ma.kmg not es during Mr . Campbell and Ms . Lcjus1e 's testimon y about th e issues 1hcy ra ised and he wo uld hkc 10 give Council hi s perspective on !hose iss ues, the sp«ific cmic1sms. He no1ed Mr. C::1mpbell pointe d ou1 two leg:11 rule s under Sla t.: and federal la w and he would disag ree when he said tha1 slate and federal law 1s fairly clear. One of 1hc reaso ns 1ha1. not just in Colorado but also across the couniry . there has been so much Ii11 gauon over the Telecom Act is because i1 is not fairl y clear. Mr. Fcllm:tn ad\'l scd lhll Mr . Campbc ll 1s basic all y nght when he says ci ties cannot regu:ate telcco m sen•ict"s. \V(' he:ir 1h:i1 cn11c1 sm about 1h1s 1ypc:-ofan ordin ance . 1hat thi s is an an cmpl 10 regulate 1elccom sc r,•1ces and. he said . n01hmg could be funher from the truth . Tin s 1s not an :i 11cmp1 to re gul a1c se rnces. 1h1s 1s an attemp1 10 rc~ula.1 e a m.lSSl\'C increase m 1h: demand. nol JUSI for 1clcco m co mpan ies. but for all co mpamcs that use pu blic property. your streets. 10 run their businesses. He explained thal tha1 is what we ire attempting 10 rt"gulatr. usa ge ofpub :,c streets . Mr . Fdlm.an noted Mr. Campbell said 1ha1 we can 't generate re venue s in exc ess of costs and he ts nght about 1h11 and that 1s not wha1 1his ordinance doc s. One of the critic1snu was that 1he ord1Dlncc rcqutres ttu11 companies provide the location of the ir faci lities and the fociliues of 01hers. Mr. Fclhmn a.d v1sed that one of the criticisms the industry had, of a very early drafl of1h1s document w11s 1h:u v.c don 't even know where our own stuff is . The y said we have • • • • Englewood City Council November 6, 2000 P•ge IS ' ,, had s1uffin the strecu for years and years and yem and yol :1 11 make us map ii and tell you where ii is. To compromise to the industry concern, the requirement wa•, •t Ul that says when you dig, whatever you find in there. you will provide that information to us. So Ker.:: o>s's department will develop maps of whm the clecttic lines, gu lines, water lines and all the tclcc·c, · nwnication lines ue and we will bnc: the benefit of whatever infoffl'ation is discovered . So, he pointed oul, it i.s not an affumati vc duty to go out and find where every other companies facilities arc, it is to let the City know what you find when you dig in our streets. The second thing he mentioned was that it was WU1Ccessuy to impose a requirement on the spt.cific location of facilities per whatever guidelines the City may come up with. Well, he pointed out, technology i3 changing very rapidly, we all know 1h11. Whether the Ciry uses an Au10CAD sy,1em or GIS or whatever they may decide 10 use. why shouldn't the City as a landlord require an entity, that is using public property, to provide us with II d!scrip1ion of where that property is in our streets in II format that is usable to the City'! If that means , he s111d. lh'j,I uhima1ely , sollk: of the companie s ,11u1 operate in eH~ry city in lhe State may have to pro\•1de mfonmi1on in muhiple formats, they arc choosing to basically use that property and they are gening It renr free, and 1hc Stale says we 1111\'C to gi\'e it 10 them rent fr«. why shouldn't they ha \'c an obligalion to show us where that 1s'! When somebody is going 10 be domg a rtpa.Lr on a water line, I lhink you want to know wbcrt the tc lccorrJTiunications lines arc on top of that. Mr . Fellman stated that Mr . Camp~ll said that there shouldn't be a rc'lui.rcment that these companies do undcrgrounding at their own cost Again, Mr . Fellman said, that was a commcn1 we got from the industry in some of the oegoti:uiona. and initially it did say at their own cost. Correctly, the industry pointed out. that there is il State Stanuc th.11 :.llows the crc:1t1on of sptcial improvement districts. Mr. Fcllr,111n explained that , basicall y, if you arc making 11eslhctic changes and you want 10 underground, the property owners in tha1 area can be charged for that. So , he noted, the language in the ordinance docs not say , anymore, that they underground at their own cos1. ii was changtil to say al no cost to the City. So iflhcrc is a mechanism to clmrge property owners . that can be done . So that concern has been addressed, it is in the ordinance, section 11•7-IS (C). He :1dviscd. regarding lhc requirement of sharing swplus conduit. again, that is not to regulate telecommunication services, that is not to impose interconnection rules. that is simply the Ciry's attempt to maximize the use of limited space in the rights-of-way. lf there is swplus conduit it should be used by other entities, if it is possible, for a reasonat,lc pric e, before new digging is done. There is also a provision that says if they do all ow the use of their surplus conduit aod then they need it, their business needs have changed and they now need that, then they _?,Cl it back . So there is 0exibility built in Chere . In response to the comments about the two-year moratorium on the construction of new so-eels, again. what you ha\'e before you is a compromise, hi: said. Initially we talked about three years before you cut into a new street. Tne industry said how about one and we compromised on rwo. But there arc cxr.eptions and, using 1hc very e.umple Mr . Campbell used. if they need to provide service somewhere, as th!y do have these slate obligations, and then they can appl y for a w:3i\'cr . It doesn 't come 10 City Cound; we don 't have a public hcilflllg on it. The City Manager or the Public Works Director signs off on 11. Mr. Campbell was right he noted. that there 1s a theoretical possibtli1y th,111f1hc Pubh c Works Director said no I'm not giving you that wai\'er and now the y can '1 ,omply with 1hc stale requ1remen1 s. yes 1hey would ha,·c 10 violate the ordinance. D .... Mr. Fcllm1n smcd. there is a very !le:uble :md ea sy 10 follow procedure . where )'OU file the paper and say we ha\'c 10 comply with these slate rcgulauons and yo u get a waiver . Remember. he satd. not C\'ery company has pro\'ider of last rcson obhgauons . Wh'°'11 a street is O\'c:;a,d, you don't want a company co!Tting in the week after and digging up the new pavement because 1hcy dicln '1 gel in on ii on umc . The last specific concern that Mr. Campbell raised was rhnt the ordinance con1cmph11cs a fee srrucrurc and no fee s have been ndopted yc1 and he ts righ1 The ultimate fee slTUcNrc will depend. m pan. on wlullc\'cr direclion the Supreme: Cou n g1 \'cs us m the l, ~nver case , if they give dirccuon and n is likel y the y "'tll . \Vhethcr u will :1nswer all of the quesuons ... l don 't think that it will . Mr . Cnmpbell made a s1a1cmem. and, Mr . Fcllm1n sai d. I'm going 10 111tnbute 1t to Mr . CampbcllJu:;1 commg back 10 Colorado recently and ma ybe no! bemg fom1h11r wnh the specifics of !he Denver case . Bui. Mr. Fellman said . I need 10 correct the record 35 Mr. Campbell sa id 1h31 1he Dcn\'cr ordinance . that Q<Acst challcng:d. 1s substantially simliar to thi s ordi nance . Mr. Fellman stre ssed that 1ha11s absolutely untrue . The Denver ordinance imposed .1 per linc.1r foot rental charge. bl'•il' .illy. on users ofnghts-of-way and there is nothing like tba1 'ii this ordinance . The dcposiuons m the Oen\'er case . over how the fees were determined. took a rrcr:.cndous amount of time and that is not even an issue here , because we arc not imposing any fees th.at exceed the acru:il costs . And. m fact . Mr . Fcllm..n said. as Ken Ross menuoned, the degradation fees. which arc actual cosis ... and e,·cn Mr . Campbell staled that you arc allowcd 10 recover Englewood City Council November 6, 2000 Page 16 costs ... we are not even imposing 1hose degradation fc-es un1 il the Surrc~ Coun rules on th3t Mr. Fellman pointed oul 1ha1 there were 11101 or things in the Denver ordinance 1hat 11re not in this ordinance . It is likely that the Supreme Coul'1 will 001 c:stablish guideliues thnl will answer all of the se questions . They may give some direc 1ion and I hope they do , he said . But µrirruril y, he said, I hope the y give direction on this one issuc ... do home rule municipalihe s have the nght 10 rc:cover all of1hc1r ac tual costs from teleconvnunicarion ..sers of1hc ri;;hts-of-way'! If the answer 10 1h111 question is no . thtn the fee sttucturc you adopt will I ve to be limited by whatc,·cr the Supreme Court says yo u can recover. ff the answer is yes, you can recover actual costs. then you impose the degradation fee s and if we need to have further discussions on •·1hether ii is ttnsonable or nol reasonable . then we w1l1 ha ve those discussions . Mr. Cam pbell also said 1hat I mighl suggest 10 you that. since they are requesting that we delay adopting the ordi nan ce. th1u I would suggest tha1 the y delay t~eir construction and, Mr. Fellman "rf\'ised, that is not whac Iain goi ng to sugges1. Mr. Fdlman said tha1 he thinks Mr . Campbell is right to point oul that there is a linlc bi1 of an inconsistency !here. Mr. Fellman llpined that Mayor Pro Tern Bradshaw's statement that we neec to infom11hc public n li nle bu about what we are talking about was good. What we are talking about here is it is not like in the p11.s1: we don't ha\'e one telephone company, one co.l.>le company, one gas and electnc company. We have: muh iple companies and sr -ie of whom like Qwes t and AT&T, have been around for a long time and some arc brand new companies that. dependin g upon their capital they may or may not be here a year after they gets. ,rteJ We don 't know how much they have dug up lhe streets by the time they go out of business. If nothing else ... znd this may not be the best analogy, but it's the best analogy we have ... the telecommunicatio ns industry is changitJg from a highly regulated industry to a very deregula1ed industry . We have two examples of what happens nation:.lly, and that is the airlllle industry o.nd the trucking industry. What you see is stan up companies coming in from all over the place, getting into business. bts of capital being invt'.1ed. followed a couple of years later by consolido.tkns and lots of bankrupt.:ies . Mr. Fellman stated th.a: 1his 1Jrdinance needs to co\'er e\'erybod y t~ • ..t wants to use the rights• of.w11;y , So if Qwest has specific issues because rhey are the provider of last resort, he sa id, we can try to address those. but the bonom line 1s we can't write an ordinance for Qwest, we ha ·:e to write an ordinance for all of these companies that are compering for the limiled spa ce. I do think. he said. that it is somewhat inconsistent 10 sugge ,;t to yo u that becau se the Supreme Coun ha sn·1 rul ed ye l m the Denver 1..~·se lhat you should continue to operate under a law 1ha1 hasn't been modified since 19fl S. He pointed out that 1here were only a few co mpanies using the City 's streets in 1985 and the •vndd is different now . He said he just had two points on the comments that Margarel Lejuste made . She saic.J 1he City is familiar wi1h ATo.. T. that they rulve been here for many years 11,nd she is right. But we need to cover everybody. She said they couldn ·1 comply with lening the City know where the y are going to be. Mr. Fellman pointed out lhat o. lot of what i<1: m this ordinan.:-:. yo u will see in co.hie ord inances. Why sho uldn't non •ca ble companies be ohligatea to provide th.:~ :r.c information about their facilities"! It shouldn't just be the cable co~ies. T:> me . he said. 1her, \$ n1, a lot in this ordirunce. as far as planning me etings and prov iding information aoo u1 whe re the faciliu ~ro: m the rights-of.way. tha1 ,~ no1 already in AT&T's franchise with Denver that 11ey signed 111st year , th .. , new ca ble franch ise. In fact, he pointed out. a 101 of the la.-iguage in here, the < iMTC. the Greater Metro Telecommunication Consortium, took right out of that franchise agreement ',ecause 11 was not cabk . .-,n ly related . II was ngh1-of-way management related and so they moved it in10 1h1s rights -cf-. .-ay ordin ance. I recognize . M:-. Fellm::m sa id, 1ha1 they sull have concerns and. as Director Ross s111ted in his initial conuncnts. the GMTC has benef.ted indirectly by the meetings Englewood and lafayene :rave baa with 1ht industry. And, as orh.-r cities are holding meetings, the GMTC model agrcemer.1 is going to be funher modified . Mr Fellman s1a1ed that he is not naive enough 10 belie,·e th.at we will ever gel to lhe point wher-: both the local go\'emment side and the industry side arc going :o say we lo\'e t~is ordinance . Mr. Fellman stated he does beheve ... and he felt the ind ustry representa1i ves who arc here tonight ha\'C: said 1h1s and would say It agam ... lhal we arc a Im clo se: 1han we were:, few months ago and becau se of1hdr partic1 pa11 on thi s 1s a much better ordinnnce . But. ~r. Fellman said. I think you need to do somethi ng :rnd if you go an y funher 11 JUSI gets 100 water ed do"11 \\here it 1s not re:ill y very effective . He s:iid he would be hii npy lo :inswer any questions Cou ncil Member Br:i.isha w asked 1f~fr. Fe llman was pi.::ised w11h the product the y hnve m front of them. :11 this point Mr. Fellman said I think so. I think 11 as a good produ ct and 111s also a produ ct that has a lot of compromu e m it. Ms . Bra.dsh.aw th:tnked him . • • Enalewood City Council November 6, 2000 :m > 'I >f" a;n·I • 0 ,'. P111e 17 Mayor Bums '5ked if Council had any other comments . Council Member Wolosyn stated that she :ipprcciated the answcn 10 the questions . She thanked Mr. Fellman. Mayor Bums said )'tS, he thought that was very helpful ;md he thanl:ed Mr . Fellman nnd Mr . Ross . Mayor Burns asked if anyone else wished to speak 10 this ordinance. There was no one else prnenl to speak. COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GA TUER INPUT ON COUNCIL BILL NO. 40, AMENDING THE CITY Of ENGLEWOOD'S RIGHTS-OF-WAY ORDINANCE. Aye s: Council Mc:mbcrs Nabholz. Bradshaw. \\olosyn. Yurchick. Gwulis.Bums Nays : None Abstain : Council Member Garren Morion carried and the Public Hearing closed . Council Member Garren returned 10 the dilis . 10. Consent A&cnda COUNCIL MF.MBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE q • CONSENT Aut:NDA ITEMS 10 (1) (I), 10 (b) (I) THROUGH (1IU) and 10 (c) (I) and (II). • (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 87, INTRODUCED BY COLNCIL MEMBER GARRETT A BILL FOR AN ORDfNANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH COLORADO STATE UNIVERSITY (CSU) FOR THE COOPERATIVE RESEARCH PROJECf ON LAND APPLICATION OF SEWAGE BIOSOLIDS ON DRYLAND WHEAT . (b} Approval of Ordinances on Sc:cond Re.iding (i) ORDINANCE NO. 71, SERJES OF 2000 (COUNCIL BILL NO. 73, INTRODUCED BY COUNC IL MEMBER GARRETT) AN ORDINANCE OF THE CITY OF ENGLEWOOD. COLORADO AUTHORIZING AND APPROVfNG THE I EASE-P URCHASE OF 'IETWORKlNG EQUIPMENT FOR THE CITY AND PROVlDING DETAILS IN CONNECTION WITH TH E LEASE-PURCHASE OF THE EQ UIPMENT. (ii) ORDINANCE NO. 72, SERIES OF 2000 (COUNCIL BILL NO . 75, INTROD UC EO BY COUl'-C IL ~1EMBER GARRETT) AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSEO VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO. AND ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORJTY . (iii) ORDfNANCE NO . 73. SERJES OF 2000 (COUNCIL BILL 1'0. 76. fNTRODUCED BY CUUN CIL MEMBER GARRETT) Enalcwood City Council November 6, 2000 Paec 18 AN ORD INANCE ADOPT ING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 2001. (iv) ORDINANCE NO . 74, SERIES OF 2000 (COUNCIL BILL 110. 77, INTRODUCED BY COUNt.:IL MEMBER GARRETT) I ,.I. AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNIC IPAL PURPOSES IN THE CITY OF ENGLEWOOD. r0• 'lRADO, IN THE FISCAL YEAR BEGINN ING JANUARY I. 2001. AND ENDING DECE , 31. 2001. CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION u!LL FOR THE FISCAL YEAR 2001. (vi ORDINANCE NO . 7 SERIES OF 2000 (COUNC IL BILL NO. 78, INTRODUCED BY COl!NCIL MEMBER GA : .~TT) AN ORDINANCE AMENDING TITLE 11, CHAPTER I, SECTION I, OF THE ENGLEWOOD MUNICIPAL CODE 2000 BY TllE ADDITION OF TWO NEW SUBSECTIONS 5 AND 6, RELATING TO MINIMUM STANDARDS FOR COMMERCIAL VEHICLES . (vi) ORDINANCE NO . 76, SERIES OF 2000 (COUNCIL BILL NO. 79 INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AMEND ING TITLE I, CHAPTER 6C: TITLE 3, CHAPTER 5; mLE 3, C.L'.PTER 6: TITLE 7, CHAPTER 7: TITLE 8, CHAPTER 3B: TITLE 8, CHAPTER 5, SECTIONS 9 A,sD 13; TITLE I I. CHAPTER JC: TITLE 16, CHAPTER 2: TITLE 16, CHAPTER4; AND TITLE 16, CHAPTER 5 OF THE ENGLEWOOD MUNICl'i'AL CODE 2000, PERTAINING TO CORRECTIONS OF CODIFICATION. (vii) ORDINANCE NO . 77, SERIES OF 2000 (COUNCIL BILL NO . 80, INTRODUCED BY l"OUNCIL MEMBER GARF cTT) AN ORDINANCE AUTHORIZING AN !NTERGOVERNMENTAL AGREEM[NT WITH SOUTH METRO FIRE RESCUE ENTITLED "MUTUAL AIO I AUTOMAT IC AID AGREEMENT (FIRE) 2000" FOR MUTUAIJAUTOHATIC AID FOR FIRE PROTECTION fROM BOTH ENTITIES . (\'iii) ORDINANCE NO . 78. SERIES OF 2000 (COUNC IL BILL NO . RI. INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDISANCE AMENDING TITLE I, CHAPHR 5, SECTION 2. SUBSECTION 9. OF THE ENGLEWOOD MU:-IICIPAL CODE 2000. REGARDING OATHS . (ix) ORDINANCE NO. 79. SH. ,S OF 2000 (COUNCIL BILL NO . 82, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZING AN AGREE~IE:-ITTO EXCHANGE REAL ESTATE BETWEEN POAG ANO McEWEN LIFESTYLE CENTERS-LITTLETO:-1 L.L.C. AND THE CITY OF ENGLEWOOD, COLORADO . (x) ORDINANCE NO . 80. SERIES OF 2000 1COUNCIL BILL NO . 83. INTRODUCED BY COUNCIL MEMBER GARRETT) AK ORD ISA NCE ACTHORIZISG A "LICESSE AGREE~IE:-IT" fOR THE CITY DITCH TO POAG AND McEWEN LIFE STYLE CENTERS-LITTLETON L.L.C. (xi) ORDINANCE NO . 81. SERIES OF 2000(COUNCIL BILL NO . 84, INTRODUCED BY COUNCIL MEMBER GARRETT) • • • • Enalewood Ciry Council November 6, 2000 Page 19 AN ORDINANCE AUTHORIZING A "GRANT OF CONSTRUCTION EASEMENr' FOR THE CITY DITCH TO ASPEN GROVE BUSINESS IMPROVEMENT DISTRICT, .. QUASI M\INICIPAL CORPORATION (BID), POAG AND McEWEN LIFESTYLE CENTERS-LITTLETON L.L.C . (xii) ORDINANCE NO . 82, SERIES OF 2000 (COUNC IL BILL NO. 85, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZING THE PURCHASE OF 2357 WEST WESLEY A VENUE BY THE CITY OF ENGLEWOO D, COLORADO . (xiii) ORDINANCE NO . 83, SERIES OF 2000 'COUNCI L BILL NO. 86. INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZING THE PURCHA SE OF 2399 WEST WESLEY AVENUE BY THE CITY OF ENGLEWOOD, COLORADO . (c) Resolutions and Mo1ions (i) RESOLUTION NO. 89, SERIES 'JF 2000 A RESOLUTION AUTHORIZING THE E: 'GLEWOOD PUBLIC LIBRARY TO IMPLEME NT THE ANNUAL ··FOOD FOR FINES" PROGRAM F!!.CM NOVEMBER 13, 2000 THROUGH DECEMBER ll. 2000. (ii) AUTHORIZING THE LIBRARY DEPARTMENT TO APPLY TO THE STA TE OF COLORADO FOR FUNDS UNDER THE ANNUAL STA TE GRANTS TO LIBRARIES PROGRAM . Vote resulls : Ayes: Council Membcr3 Na bholz, Garrett. Bradshaw. Wolosyn. Yurchick. Grazulis, i3ums Nays: None Motion carried . 11 . Rt1ular A1end1 (a) Approval of Ordinances on Firsl Rcadi :ig There were no additional items sub mitted for approval on first rca<ling . (Sec Agenda Item 10 ~ Consent Agenda.) (b) Appro\'al of Ordinances on Second Reading (i) Council B111 No. 74. amending Title 5, Chapter 26 of the Englewood Municipal Code pertaining to n ash haulers was consi dered. Director Gry~lcw1cz 11dv1sed 1ha11h1 s nukes changrs 10 Title 5, Cbap 1er 26, whic h is the licens ing of trash hauler s. What lh1s docs , he explained . ts linut tro1sh collec1 io n to rwo da ys of the week. Moncbys and Wednesday's ilDd II makes provmons ~or ahemam•e pick-up da ys for inclement weather and missed pick- ups . Mayor Bwns stated there has been a lot of confusion abou1 this ordinance . There ha\·e been a lot of phone calls and lcncn we have received . he said. from folks who think we arc restricting the number of haulers and that the public doesn 't have the freedom and abil iry to h~ their own hauler. Mayor Burn , asked Enalewood City Council November 6, 2000 Pa~, 20 Dircttor Gryglcwkz to spcok 10 that Direc1or Gryglewicz stated 1ha1, to his knowledge, none of the haulers who arc presently licensed, arc not going to pick-up ... they arc going to continue to pick~up 1 they arc just going to alter their schedules . Ma yo r Bums said he un,Jc rs1ood this will aiso gi\'c 1he City some advantage in enforcing the ordinance on puuing out 1he trash M :c·tain times and wha1ever . He asked 1ftha1 was correct. Mayor Bums asked how this ordinance will assiJ: 1:\e City an enforcing its tr:1sh collection ordinance . Director Gryglcwicz explained 1)1111 il·uash a JJJ l. Sly. on Tuesdays and 1ha11s no1 the da y after 3 holiday, or Fnday. the day tha1 1s not authorized. th..:n • .... allows our Code tnforcemen1 people to knO\\ that 1lm1 trash ts out there on :11; unauthorized day, wl1 . · 1 • n le::id 10 a lot of problems. of tra sh gelling knocked over :rnd it is JUSI gcnera 1iy unsightly . Council Member 81;1dst-.aw said she wanted to say. ag ;un, that all of our residenf s have the freedom to choose their own trash hauler :rn d this isjus1 going 10 help u!, enforce some of the rule s that we have . Director Gryglewicz said absolu1e1y and hopefull y this\' ill reduce some of the unsightlinr.ss of having trash out all 1he time, trucks th:11 can go d0\\11 e,·ery day of the week and reduce some of the wear and tear on our S1Teets . Council Member Bradshaw no1cd 1hat, in essence , the Slime true!-; will be going down, but there will be certain days 1ha1 people pu1 their uash out and there will be four Jays that uash wouldn '1 be out on the streets . Director Gryglewicz said yes . Council Member Nabholz advised that she had st\'eral calls from Virgini:i Smith ilnd Betty Acker and they are concerned that, number one, they didn 't want the change and number two , they are concerned as they are receiving senior discount rates , currently, from their trash hauling company and they wanted to make sure that Quillity Trash H:iuling Service has been placed in tt.e bid process . Ms . Nilbholz said she understands 1hey are new in Englewood and they don't have 1tia1 many uucks. "',he said she apprcciilted the article that came out in the Her:1ld that e:<plained that we .. re not setting up a monopoly , that we an: required 10 have a trash service and this is the best solution to cut Jown on the wcilr and tear on our strrets. Council Member Guren advis erl Iha! he has had l couple of calls as well . One de:ilt with commcrciill es1ablishments. that he did no! believe were covered by this ordinance, and two. they wznted 10 make sure tha1 r.hurches qualify lS a comme rc ial estllbl is hmc-,t under the ordinance . Director Gryglewicz stated that this only impacts residenn:,I pick-u p Council Member Grr.zul is said she 100 has rece1\'ed many calls on this and the one company , Quality, that does give 1hc senior disco unt, only picks up on T 1:.~days. Th::it. she said. is her concern. Council Member Bradshilw noted that if people have their trash out for pick-up on Monday or Wednesday, then Tuesday is still in th:it parameter . She asked if that is true . Dirt-:tor Grygle11icz ilsked that she repeat 1he quest ion. Ms . Bradshaw lJOinted out that one ordinance we have says you can put your trash out up to 24 hours ilhe:id of time. so that means Sunday for Monday or Tuesda.y for Wednesday. Council Memb~r Gilrren noted Quality only picks up on Tuesdnys so maybe the y could adjust It 10 Wednesdays . Councii ~ember GrllZtllis reiterated that she is concerned o1bou1 1har Council Member Nabholz asked if the y though! it was time to bring 1hc-trash h:iulers to 1he tab le once 3gain . C\'en 1hough it has been discussed for fivt" years and discuss wi1h them once again , "hat our needs 3re, wha1 our citizens need. arc . She asked 1fthey thought that \\'35 going overboard. Mayor Bums commented that this thing has been studie d to dea1h , that our Code Enforcemen1 people have just worked ilnd worked :and worked on this . He said he thought we didn ·t have ilny haulers who wcrt • • Englewood Ci1y Counci l November 6, 2000 Po gel l 1, fl l 1 _)f J '>I IK r\ -,.jlfl ~ refusing 10 pir.k •ur on the prescribed days . Dim:1or Gryglewicz said that, to his knowledge, none of our licenstd haulen have dctlined 10 participate. Council Member Grazulis asked if it was true tha1 BFI was only going tt, do it on a Thursday or Friday, Dirc<tor Gryglewicz said it wu his understanding that they would rearrange their schedule :md pick-up oo Monday and Wednesday. Ms. Grazulis said that was good, because she thought she had beard at one time that it was going m be a year . Council Member Wolosyn advised that they a~eady pick-up on Mondays. Council Member Bradshaw sta1cd thnt it was W..ste Management that said ii would take a year to change their schedule. but then we chose to select the days they are here, therefore 1here should no t be a problem. M11yor Bums asked if we could find out about Quality, because !hat is the one he just beard about tonight Council Member Bradshaw stated Quality picks up on Wednesdays . Council Member Nabholz said they rna 1 do Monday and Wednesday, she just didn't know . They are a new trash company.just gening started and they have very neat , clean trash trucks. Council Member Bradshaw not~ somebody in the audience might know. Director Gryg lcwicz said he was no1 aware of any haulers who could not work into the Monday/Wednesday schedule. Mayor Bums suggested they make sure, because Council is concerned aboul lhat. Council Member Garrett asked if they were going to delay the ordinz.nce. Mo.yor Burns commented that he thought it would be wise , if they arc !(Cning the repon that some of them are not picking up on these days and there are senior discounts involved, that he thought we aeeded to clarify that. Ci1y Mana~er Sears advised that we can do a follow-up with all of the tras~ haulers . Counc il Member Bradshaw sugge s1ed they bring thi s ordinance bad on the 20th• COUNCIL MEMBER BRADSHA W MOVED, AND IT WAS SJ'CONDE D, TO CCii~TINUE COUNCIL BILL NO. 74 TO NOVEMBER 20, 2000. Motion carri::d . Ayes : Council Memben Nabholz, Garrett, Bradshaw . Wolosyn, Yurchick. Grnzulis, Burns Nays : No ne Mayor Burns no1ed the y would contmue this rmner to the 201.b and verify that :ill the trash haulers arc in line w11h 1he propose d ordmance . (c) Resolutions and Moiions There were no additional resolu11ons or mouons subnuned for approval. (Sec Agenda Item 10 -Consent Agenda .) 12 . Gene ral Discussion (a) Mayor's Choice Englewood City Council November 6, 2000 Page 22 (i) Mayor Bums !bought evcT,n< had received• copy oflbc agenda for du, Mctto Mayor 's Caucus Meeting 10 be held on November 17 here in our Community Room. He said it WU the firsl time in the seven year history of the Caucus !hat the meeting will be held in Englewood, because we now have a facility large enough for them 10 meet in. 11:e invi ted all of the members of City Council to attend. Mayor Burns noted they have quite an agenda and some very interesting speakers , u lhey cao see from the list The Caucus will be deciding what their role should be in the next couple of years and also revie wing what happens in the election tomorrow wirt, all the ballot issues . It will be a very interesting meetin g, he said, and we will serv e break fast. He en ,:o uragcd all of Council to ancnd . Co uncil Member Grazulis asked about 1he time. Mayor Bums adnsed It will be held from 9:00 a.m. to noo n on Fnda y, 1hc 171h . Co uncil Member Bradshaw noted she will be unabl~ 10 att end . as she will be 1caching during thal lime . {b) Co uncil Member's Choi ce (i) Coun ci l Member Na bholz said that Mark Malucci, wOO ·s daughter was in Children's Ho spital 1hret years ago, brought ;i x. videos and dis covered that the parents on the fifth floor we re fighting over those videos . This is will be his third year, the Malucci Drive for Children's Hospital. and they nre looking for videos , even if yo u make your own videos , VCR 's , play sta tions, cash. She said lei's get these kids so mething to watch . Bri an Grie se bas stepped up the plate and will be on board as well . Ms . Na bholz advised that she spoke 10 Dircclor Blar.k and i1 is so methin g that the Parks and Recreation Yo uth Advisory Council will be working on. Hopc iull y, we can put a jug here at City Hall and one at the Malle y Center. Let's get ~llese kids some vi,Jeos to walCh. she said. because the y are so sick in bed. and sometimes they are not able to go down to the activity room or read . Coun cil Mem be r Bradshaw said ii is a good id ea . (ii) Council Member Garrett commented that when ..c was sin ing in the back. it son ofbro1 1gh1 up his memory of the old da ys of sitting in his southern church ... lhe hard pews . He said he has a 101 more sympa1hy for 1he people si mng out there than he did, until he went out and sa 1 wilh them. On e da y. he said. they took up a ccllcction and go1 cushiom and that really made a difference . He said we might want 10 cons ider that s<.meume in 1he future fo r everyone 10 sit on. because 1hose arc preny h.ard be nches for our longer mee1in gs . Co uncil ~1cmher Nabholz said that •~s a good point (iii) Co un cil Mc~r Bradshaw re minded Couoc 1l 1hat they will not have a Stu dy S..:ss 1on nex1 ~fonday ni gh1. She no1ed Co un ci l wi ll ha\'e a regula.r Study Sess ion and regu lar Council Meeun g on 1he 20111 ofNo\'ember. (iv) Co uncil Member Graz ul is said :;he wanted to let people kno w tha 1 the Englewood Historical Society is ha ving a pro gram thi s Thursday evening. in the Community Room here. at 7:00 p.m. It 1s a one-woman pla y abou1 ~1oliy Brown . Ms . Grazu hs said it is ve ry, ••cry well done , that she has seen 11 befor( wi1h :ill 1he costumes . She invi 1ed everyone to come . She said it is free . Counci l Member Bradshaw offere d a re mi nder of the mc-cung tomorrow mght. here , at 5:00 p.m. with the Engle wood Down town Devel opment . .\uthon1 y and four mem bers of Coun cil upstairs m 1he Ci1y Manager Co nfere nc e Room 13 . Ci1y '.\tanager's Reporl (.1 1 City Mana ge r S.:a rs m.:td the re wer e two issue s on the Study Sess ion earlier tonighl. One rela1c s to moving ahead wi1h the RFP"s and !he 01 her relates to lhe Transportati on Management Plan . • Englewood City Council November 6, 2000 Page2J ,, ' i He said he wou ld like 10 put those off to the 20th unless 1here was a feeling among staff that 1hcy needed direction tonighl from the Council 10 proceed . C ,rec1or Ross advised that he put together :i schedule , which ts m 1he Council packet an d. unfortuna1ely. if he doesn't g ·t direction tonight he will start losing lime on 1ha1 schedule, so he jus1 wanted to cal! that to City Council 's anention . He noted that ifwe don ·1 have proJect complerion by November 9. 2001 .and we push ii back a cou ple of weeks , if Council has no probll"m with that, then they can push it back to Nove mber 201h . Council Member Bradshaw asked if th is is for the Englewood Transportation Plan . Director Ross said that is COITCCI. Council Member Bradshaw advised that she rend it and she saw nothinij wrong with it. Mayor Bums ~'.!id he read it , 100. He asked if anyone on Counci l had any qutstions about it Mayor Bums stated that he wns prepared to go nhead with it after re viewi ng it. He said if Director Ross needed dim:tion tonight, in a Study Session format, that he thought the Council bad indicated their approval and is supponivc of going ahead with the RFP and keeping on schedule . Counci l Member Bradshaw noted the other thing\\.. ·, Simpson's. Council Member Wolosyn said that she would like an opporrunity for more discussion on thu c, Council Member Bradshaw asked if1hat hos alre:id y been throu gh EDDA . Director Simpson advised that it has been reviewed by EDDA and in foci. wha t Council will sec in thei r attached memo. is that they have received comments from them and responded m kind to each one of those issues . We believe duu much of that information has been included, he said, and we would~ happy to go over th.at with Courv:il. We arc also very pleased to talk to EDDA on Wednesday about thi s. too, he said. Director Simpson aiviscd that they can delay this . M::1yor Bums asked 1f th ey arc going 10 have a provision that no one who is an applicant can serve on the review comnunce . D1rec1or Simpson said. if that 1s Co unc il's direction. they can make sure th.al is included. Co uncil Member Bradshaw said yes. Mayor Bums opined that that is just mandatory. Council Member Bradshaw sta ted it is critic::1I. Director Simpson said okay. In response to Council Member Nabholz, Council Member Bradshaw explained thtu this is for the Developer Qu!llitic:mons for Acoma and Elati. M3yor Bums asked if that was sufficient direction . Dircc1or Simpson sai d yes ir 1s. Counci l Member Nabholz 3dvised 1ha1 Sam Kaufman c3 1Jed her. along with a message, thal he was very plc3scd 3nd he had lh."Cc problems th3t came up , bu1 the y we re handled very quickl y so he was \'Cry imp re ssed 3nd for once he has no problems with up and down Brondway . So . kudos to you. she said. good job. (b) City Man::1ger Scars advised Council 1h:u he, Chris Olson nnd Jim Ulric h. would be in Emmi1sburg, Vi rginia. next week. for a Feder:il Emergenc y M::1nagcmcnt t>lan with about 60 people from Arapahoe Coun1y . He said 111s paid for by 1hc Federal Go\'ernment and he felt it was kind of imponanl that Englewood ha ve a presence there. because \\e need ICI be coordinated wuh 1hc County m :my 1ype of emergency situ:lllon. We will be there for the entire week . from Saturday to Fnda y of the nex t wcck, he said. bul we will keep the Co uncil pos1ed . (C) City ~vfanage , Sears sa id he \\OU ld like 10 ask !he Council to go into Execuuve Session for a shun period of 1unc and poten 1ially come back and fim sh the meeting rcgarding a real estate issue . 14 . City Attorney's Report Englewood Ci1y Council November 6, 2000 Page 24 City Altomey Brotzman did 001 have any matters 10 bring before Council . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO GO INTO EXECUTIVE SESSION REGARDING A REAL ESTATE ISSUE. Mo1ion c::i med. Ayes: Council Members Nobholz, Corren, Bradshaw, Wolosyn, Yurchick . Gra.zulis, Burns None The mee1ing recessed al 9:40 p.m. 10 go into Execu1i -~ Session . The mc-cting reconvened al 9:52 p.m with all Council members present COUNCIL MEMBER GARRETT MOVED. AND IT WAS SECONDED, TO END THE EXECUTIVE SESSION. Mo1ion carried. Ayes : Council Members Nabholz. Garren. Bradshaw, Wolosyn , Yurchick. Grazulii, Bums N;1;ys : None Mayor Bums stated they had no Council action to repon at this time. I 5. Adjournment The meeting adjourned at 9:53 p.m •