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HomeMy WebLinkAbout2000-12-18 (Regular) Meeting Minutes• • 11 m rn , ,1, J lwv u ,l~n :I Oo •t r.J 1 dJr (I I. Call 10 Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, AIIAP.YIOE COUNTY, COLORADO Reaalar Sealon llettmber 18, 2000 The regular meeting cf the Englewood City Council was called to order by Mayor Bums at 7:42 p.m. 2. Invocation The in\'OC:ttion was given by Council Member Nabholz . J . Pied&• ol Alleiiance The Pied&• of Allegiance was led by Mayor Bwus. 4. Roll Call •,. Present Council Meni>en Nabbo z. Grazulis, Garren, B!Odshaw, Wolosyn, Yurcbick, Bums Absent A quorum was present. None Also present City Manager Scars City Am,.,.,-ey Brotzman City Cler~ :'llis S. Minutes Director Ross. Public Works D1rcc1or Simpson. Englewood Urban Renewal Authori-y and Community Development Senior Planner Graham. Community Oe\'elopmcnt (a) COUNCIL MEMBER WOLOSYN MOVED, AJ'ID IT WAS SECflNDED. TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING t ,f Df.«.:EMIIER 4, 2000. Ayes : Nays: Abstain : Mouon carried . 6. Schedultd Visitors Council Memhcn Nabbolz. Bradshaw, Wolosyn. ) _.,,1,ck, Bwns None Council Memben Gamn, Grazulis (a) Mayor Bums :dvt scd that the rtsuJts of the Keep Eok!:wood Beautit 1li Holidiy Lighting Event were goi ng 10 be :announced. Don Roth, of the Keep Englewood Beautiful Commission. advised they had eighteen entries this year and the le vel keeps getting .i linlc bit better e\'ery )-Car. He noted we kctp gening more and more decontions, even though the number of cntnes seems 10 be fill, .y steady. Mr. Roth asked that Mayor Bums come down and help him present the awards. En~wood City Council lle<ember 18, 2000 P11•2 Mr. Roth advised that the winners would be given signs to post and he aikcd tha1 they meet hi m in ~e lobby after the presentations were made and he would give them the signs . \ Mayor Bums presen1cd ribbons and cenificates to all of the winners who were present. He noted that staff would see 1hat they gel their ribbon and ceniflcatc if they are not present. Honorable Mcmion Rich Morales S1cven Manmez Dress for Less Clothiers Ari Blom Darlene Recd Sherry and Stc\'C Clark Brian Walwonh Tom and JeMy Fanner Ma yor Bums ad\·iscd that the nex t award was the Moyor 's Choice Award. He noted this ooc is given to the panicipant who best expresses the !rue meaning of the holidays and the holiday lighting event Enalcwood was once known fo r its holiday decorations and this year 's award goes to Mini Flea Man for their cffon to revive this tradition. Mayor's Choice Award Mini Flea Man Silver Bells Award Rohen Campbe ll Sugar Plum Forest Award Chuck and Rosemarie Greer North Pole Express Award Ron and Melanie Kloewer Winier Wonderland Award Richard and Alice Kloewer Wm1er Garden Award The Miller Famil y Lifetime Holiday Spirit Award Mark Greiner Ne \'er Ending Lights Randahl and Tammi Headley Shooung Star Award TI,c Pieper family Crazy Santa Award Lynette Warren Mayor Bums thanked all lhe panicipants in the comperilion and noted that it gets bigger and bcner each year. He co mmented that it 1akes a lot of work and he congratulated e\'eryone. He asked for a round of applause . (b) Dennis Bennett.4160 South Delaware Street said he would like lo know. along with a lot of other people. about the parking around the high sc hool . It seems like o major inconvenience for a 101 of people in order to make 'i omelhing nice for a few people . he said . For ins1a11ce, when I see the snow being remo\'ed. the y are the same trucks that remove the snow in front of my house, 1ha.1 I pay 1axcs for . When t~:: streets ::ire being repaired, it is the same crew that does it around my house. which I pay taxes for. Mr. Bcnnttt said he was kind of wondering ... and he has asked many people ... why these people should have • 5l'ICCial pri\'ilcges a,xt we can't park there during special evcnlS. when the closest parking lot is over cwo bl•>eks awa y. He pointed out 1ha1 there ;ire a 101 of us !hat just don·1 understand why the signs arc there, for l'Nenry-fo ... r hours a da y. seven days a week. 365 da ys a yea r. Mr. Bennen Slated they would like to know • Enalewood Clly Council Dtctmbtr 18, 2000 P11•3 l, ) , H l!lni I' I Ult! JI{ 1 ;.IL'I what could be done to remove 1hcm. Council Member Bradshaw asked ifhc meant he wanted to remove the time limit signs . Mr . Bcnncn said yes, the signs. He noted they had 3 game there the other day with Denver Chrisuan . Denver Chns11an parked around there and they all received tickets , lfwe want people to sup port our schools. which. he: s1ud, he 1hough1 we should. then we need to do somc1hing to make it convcmcnt for people 10 suppon 1hcm. If nothing else, he said, I don't understand 111 all why Mansfield has limited parking on it. And r really don't understand why all the side streets do. when we pay the taxes to have the streets repaired and all thot. I mean. he said, I c1n'1 get one in front of my house and anyone can p:irk chcre . ll seems lo me , he said, that when 1hese people moved there, the sc hool was there. ( doubt there is anybody living there that didn't move there after the school was built . Nobody has been abk to cxpl:ii.n to us , he said, why th e signs arc even there and se\'eral ofus ha\'C made a m:ijor effort to find out Mr. Bennett said he was told someone would be here tonighl that knows the answers to all of that. He asked tf they ciln get them removed , what would it take to get them removed or at lcilst limited. He opined that 365 d11ys a year seems kind of ridiculous . He suggested that if1hcy don 't want the schoo l kids to puk there . then make ii from 7:00 a.m. to 3:00 p.m. or whatever . He said it just docsn 't seem fair to many of those who were ticketed that night . Mr . BeMctt adv ised he was not ticketed as he happened robe in a place where he didn'1 get one . but it has bo1h cred him ever since . He has been going over there, before his son e\'en staned sc hool there :rnd now he is :i senior . last week was kind of the final straw, he said, when they made this major effon to give everybody 1ickc1s. Mayor Bums advised tha.1 usually we have parking restrictions because the people in the neighborhood want them That is usually where they stan front. but, he noted , Mr . Bennett is kind ofon the other side of the fence . Mayor Bums stated that, obviousl y, we should lake another ~oak at it if the people in the nei ghborhood would actually like the signs removed . He said he did not know ifth.:rc was anyone on staff to addre ss this tonight , but Mr . Bennett raised an interesti ng point and he wou ld certain ly like 10 sec a survey 10 sec how many people wan! 1he signs rcmo\'cd . Counci l Member Bradshaw advised that Dircc1or Ken Ross would address the issue . Public Wo rks Director Ross explain ed thal this started way back in 1988, because of just what Mr. BcMctt said, 1hey h:1vc numerous sponing cvcn1s , band events and the State soccer tournament there every year. h was because of all of these on-going events at the high school , in addition to the high school kids . He said, as Mr . Bennc:n mdiciltcd, the parking that is being p1 ~vided isn"t in the greatest location and to get to the front door of the school or the football field is abou, ,•,,,')locks away . So . he noted, what happens is that is the closest park!.ng to a lot of the things that art goi r .~ "~ at the school and sc the people who live in this area arc really adversely impacted by the high schoo / b-.i,1g there and then they i:;m't park in front of their hous e. So we started way back in 1988 :md we suirtcj by putting just a two-ho~ rcstriclion , thinking that will keep the kids from parking rherc . But. he said. wt:~t happened was the kids wou ld park and then in between classes they would go out ,md move !heir cars :o avoid gcning a ticket. It 1s kmd of interesting . Director Ross stated there isn't :m y impetus from the neighbors to climinalc this parking . In fact, he noted , ever y year the)' have people com mg into the office ask mg 1f the y can do it on their street that is just a linJi- b1t farther a,vay from the high sc hool. So , he state d, what we have found is just !he opposite . That lhe nc:1ghborhood i.i very much in fa\'or of thi s J.nd II has been ongoing since 1988 . Council Member Na bholz asked 1f we h.:i.vc permll parkmg on some of those blocks close to t!lc high sc hoo l. a..s wdl. for people . Director Ross said 1hnt's right. The maJorit y of 1he blocks are pernu1 parking and then as you get a linlc fanhcr away. it 1s not qune as restrictive . He said. I think the y read special pc-mlll parking on ly Monday thrc.ugh Fnd.:J y during the da y This 1s an Jl!empt to addre ss the problem of lht' high sc hool ktds parkmg there . Wh:it h:ippcn s is 1he y go ou t to th eir Clr. the y co ngre gate and park and unfortunat ely trash gets left behind . It is just a real incoO\·cnicnce 10 the neighborhood, he said, and that is \\hat \\e re sponded 10 . \Ir. Oem1et1 said he ca n see 11 bemg an mconvemcnce 3nd 1f the kids arc parkmg in front of the drivewa ys, that 1s already a la w. They ca n be to wed awa y, given tickets . wh.atc\'cr . But just in front of somebody's En1lewood Clly Council December 18, 2000 P ■&•4 )C ill~ u1• ~ x1ro uO house . He askcj ifDirec1or Ross would bring one over to his house and put it in front of his house Just because he has asked for it. Mr. BcMctt no1cd Wt is a mighty small area when you consider the entire impa ct ou Englewood of the high school kids that go there. He said it is just not that big of an area as compared to Englewood :md all 1hc kids in Englewood go to school there cvcnrually. It just seems 10 me, he said, that it jusl isn ·1 fotr and it reall y doesn't even seem legal, tha1 if I pay the taxes to get their streets cleaned and Jixed and C:\'C rything dsc that I can't park there . He said he jus1 doesn·1 understand that Mr. Bennc n suggc:s 1cd that if you want to rcstricl it to school kids then do ii from 7:00 a.m. to 3:00 p.m. We art not going 10 get people to suppon any cvcnls a1 1he high school if we keep doing this. he said. As ht understands it. the people from Denver Chri s1ian were jus1 ou1raged 1hat the y did tha1 to them. ~r. Bennett said he agrees with them and ii jusl doesn '1 seem fair 10 him . II is time 10 reevalua 1e 1his. he said. and he just doesn't 1hink there 1s any reason for !he restriction to be 1wen1y-fo ur hours a day. seven days a week. 365 days a year. Those people knew when !hey moved !here that 1ha1 high school was there . It is like people who build house s Dy airpons and !hen complain because the airplanes make too ml!ch noise . He s1a1ed 1ha1 if they don ·1 want to live there and if they don 't wan1 those kids. or anybody, par.,i.ng tt.cre . they knew it and they should ha"e moved somew here else . h tw been !here long enough. he said. L'wt be would imagine 90% of1he people there have moved 1herc aOcr lhc high school was built. Mr. BcMett ,-,!atcd be think s II is time 10 ree\'a lua1e the si 1ua1ion and make some amcndmcn1s to i1. as i1 just doesn ·1 seem logical. Council Member Grazulis advised that this is her district. She said she also has a daughter that goes to high school there aud she finds it inconvenient 10 park. 11S she has to park so far away . One time. she noted. they had someone disabled in their car ;md it really was a problem . To have everything totally off bounds enraged her . as a cilizcn. It was hard and she would lilce to have people go there for an event sometime and try 10 park around there, even two blocks away. She noted that doesn 't even include inclement weather or any disabilities. It does restrict and, she pointed out . from a PR perspective it is bad because peopl.: are always shaK.ing their heads, especially the older adults. Council Member Bradshaw :iskcd Mayor Bums if this was an appropri:uc top ic for the School.City Joint Co mnunec . Mayo r Bums said 11 certainly is. Counci l Member Bradsh3 w !!xplamed to Mr . Bennett rhat we ha\'c a Sc hool-C iry Jo int Committee that could ree \':tluatc this . She asked 1hat Mr. Benncn give hi s phone number to Director Ross. We will be glad 10 keep yo u apprise d of the si tuat ion. she said . Mr. BeMett said he wo uld appreciate 1hat and he apprecia1ed Council gi\'lng him the 1ime to 1alk . Mayor Bums and Council Member Bradshaw 1hanked Mr. Hennen . 7. Unscheduled Visitors (a) Fred Kaufman sa id he was here 10 vent some of his frusrrauons . He noted he has been here for 43 years now :ind he believes he is either 1he fifth or sixt h highe st paying 1ax entity in 1he City and one of the oldest bu s mess p:ople in Englewood . But. he said. he would like to lay a foundation for some of the remarks he wishes to make . Mr. Kaufman no1ed when he came ou1 here in 1947 he bought a business and he remodeled the bu tiding three times . He started out wtth himself and his mother a.s employe es . He remoddcd th e bu1ldmg he 1s in now. twice. and he is tryiug 10 keep hi s building in shape. I ha\'e ser\'ed on many. many co mmittees . he said. I was on the board of the First Na tional Bank of Englewood for )'ta~. I staned ,\;th EDDA at its incept io n ,:md I bought the building for Publ ic Service Compan y. I bouJ,?ht 11 1hrough EDDA funds illld so ld it for more 1h.an we paid for i1. I was also able 10 ge1 the lot on the 3400 block for park ing, he sa id. and I was also able to get Mr. Brown 's parkmg 101 added to that for a ,·cry minimal amount that we were able 10 pa y off in 1cn years, at three percen1 mter es 1 I h:i ve been in charge of the parade s. he said. and man y diffcrcn1 things here in Englewood . Mr . Kaufman stated there are 3 lot of 1hings he has tried to do fo r Englewood . There are 1hings happenmg now. he said. :md 1hc impact II is • having on the do\\11town businesses makes him ve ry sad . He said I see that EDDA. possibly, is scheduled 10 be Jissolved . ~Ir. Kaufm:i.n opined thar the onl y link you folks twve wi1h 1he downtown business people 1s ha\'mg th e busine ss peop le reprc se mcd by EDDA,. I had dialogue many tim es wuh Cuy Council. he said. En1lowood Cit)' Council December 18, 2000 P11e 5 •ho II luni ,lmn:fl I I .-'ti •~ ilnd scr.·cd as a liaison between Ci1y Council and EDDA :ind we had Clly Cou ncil members at EDDA as well . One of the things that has bothered me throughou1 the years , he said, is 1hat we don't have any rapport He said I will 1cll you , in 43 ye:us, on these two hands . I ciln counl the number of limes any one on Co unci l ha s been in my s1ore or ca lled me and sai d "Fred, how are things going. what can we do to help you. is 1herc an}'lhing we can do to help you 1hat has not rranspired ." If I wasn't able to talk to someone on City Co uncil 1hrough the EDDA. he said. nothing would have happened . I can give yo u examples. The City Manager. a fine man . and when he was out of town I talked to the Assistant City Manugc·. ond told him the frustration I had with 1hc parking 101. where people go in ond oul !he wrong way . A li l"lf! girl was killed 1hcrc a yea r or so ago, he said. and ii is going to happen again. I understand th:11 we m1iv ~ ot be able to do an yt hing 3bout it. bul ii seems like it would be in the best in1c rc s1 or the City. and for the p-.11 .c of nund of City Co uncil, that we should be able 10 do some 1hing to keep these pc:oplc from going in and out of those places the wrong way ;:md people gening hun . I was lold 10 spe:i.k 10 the head people a l King Soopers, which I have done. They were willing 10 coo pcrale ;my way they can ilnd nothing has been done . The City Manager will tell you, I talked 10 him several months ago and I haven 't heard a word . That is just one of the items and through EDDA 1 was able 10 vent some of those frustrations . I'm telling you, he said, we have problems . My busie :it business lime of the ye::ir wasn"t II consideration ilS for as the redevelopmcn1 of the downtown strecis was concerned . ~y busiest days arc weekends . why do we ha ve to have construc1ion on the weekcruis': Can 't we get somebody, when the y arc nego1 ia ting the contrac ts , to make it convenient for 1hc: business people? I have 20 people working for me now and their families cat. drink, sleep ilnd buy in Englewood , he said, which 1s probabl y a help 10 some of the businesses in 1own. I am just really frustrilt cd that yo u folks have decided yo u don't need the input of the bus ines s people . I think you do . I think we need to get togc:1her . And whet her it be the EDDA , or some 01her form. I think you do need to hear from the business people . because we do put a 101 of money back in to the Ci ty and we have a lo\'e for the City and for you folks. I know how much lime yo u put in. he said , I have done it myse lf and I think yo u ought to consider that you ma y not want to do all of this that yo u arc co111cmplating. He thanked Counci l for their time and wished them a Merry Christmas . Mayor Bums !funked Mr. Kaufman . (b) Peter Jabs, 3655 South PeMsylvania Street, said he has been over a1 Kaufman's and he has see n police officers sutmg in th.al parking l01 at King Soopers all the 1ime. He thought lb.at migh t cu1 down on the wrong rraffic. He said he heard there was nothing they could really do , because it was a parking lot or some1hing . Mr. Jabs said he was wondcring about the road co nstruction . It doesn 't seem lik e the y :?rc dotng :ln}1hing, he said , the y h.3,·e the co nes up and I not iced they were doing the middle median. but I didn ·1 sec anybody working . The y just had a bunch of co ne s and the y were sc rewing up traffic by fl ood Yl iddlc School . I dri,·e around the whole arca just 10 s1a y off or Broadwa y. he said. Mayor Burns thanked :',Ir. Jabs. 8. Communications, Proc:lamalion1 and Appointments There we re no communications, proc lam:uions or appointments. 9. Public Hearin& (a) ~1ayor Burns s1a 1ed we have a public hearing schedu led on Counci l Bill '.'lo . 94 lo cons id er the Cundi uons Surve)· and th e En¥le,,ood lndusma l Redevelopmeni Plan m order 10 approve an Urban Renewal Plan for the area descnbcd 1herc111 . COUNCIL ~IUIBER BRADSHAW MO\'ED, A.J'i D IT WA S SECONDED. TO OPEl'i A PUBLIC HEARING TO CONSIDER THE CONDITIO,~S SURVEY AND THE ENG L EWOOD IND USTRIAL REDEVELOP~IENT PLA.'\/ IN C.RDER TO APPROVE AN URBAN REl'iEWAL PLAN FOR THE AREA DESCRIBED THEREIN. A)•cs : Co unci l Ylembcrs ~abho lz, Ga rren . Brad shaw. Wolosyn. Yurch1ck. Grazuhs. Bums Nays : None En1lewood Chy Council D<cembrr 18, 2000 Pa&• 6 Motion carried and the Public Heoring opened . All wimesses were dul y sworn . 1, ,. "'' "• Director Simpson advised thar f,e is here tonight as 1he Englewood Urban Renewal Au1hori1y Director. He sta ted 1h.11 the 1es11mony you are :abou1 10 hea r tonighr will allow yo u to consider an ordinance 1ha1 will take into consideracion B Condi 1ions Sur\·ey and an Urban Renewal Pl:1n thal will c:s1ablis h an urban renewal area 1h;11 ,,ill be i.:allcd 1hc CngkwouJ lndusm::il Redevelopment Area . This Condi1ion Su r\'ey ond Pliin. he sa id . nas co ns1Jcred by !he Engle"ood Urban Renewal Au1hori1y Board in October and has been appro\'ed amt rei:o mmended 10 be forwordcd 10 Co uncil for 1he1r consider:uion . He c:<plained 1his is simply 1es11mony tomglu . Co uncil "ill ha ve a fina l opportunity to co nsider J.nd es1ablist !~HS plan on fanuary 8111• Mr . Simpson stated tha t this ordmancc is a re ry importan1 firs ! step 10 redevelopm!!nl of this nrea. but it is also important 10 no1e 1ha1 1here 1s a lot of work that \v iii sti ll rem:un durmy 1he monch s and yea rs ahe:1d. What we a1c doing tonight, he s:iid, is looking to establish an urban renewal :1re:1 . We still have 10 do a lot of work. through a collaborative efTon wi1h ci1izens. 1he Ci!)'. 1he L'rban Renewal Bo:1rd . RTD and wirh our soon to be selecced developer, th:11 will create a ph ysic al sile plan for how we want 10 move for.Vlrd wit h redevelopment of this area . This is an imponont step 1onight. bu! it 1s :1lso imponant 10 make sure that we are go mg forward in a co llaboram·e effo n to ensure that we ma111111in !lull strong tr:1dition of :i good quality environment for Englewood. he said . He pointed out that the fac1ors we arc tal king about 1onigh1 arc not new, 1his I!. a discussion and issue th:u has been on the table in Eng le wood for at least a cou pl e of years. This issue has been broughl forward 10 Englewood as a resuh ofRTD's efforts and that is also an imponanr issue to note 1onigh1. RTD . in their effon to establish a light rail maintenance facility for the sout he ast corridor, has ider.tified 1hc General lron Works site as the preferred location for their nl.3intenancc facility . He reitera ted that thi1 is an imponan t issue to note. D1rf...:tor Simpson e:<plained 1ha1, if we don't wo rk wi 1h RTD in these effom. !Stablishing and acquiring th, r .11:ral Iron Works property will occur. no ma ner what. from RTD . Anc1 I chink that is an imponam ,ssoe. he said. I think wha 1 we have al hand tnni ght is a laryer ques tion that h.its 10 be answered . :1nd that is how wi ll we respond 10 this impact We. I u111u.., have some simple goals. hr. said and I think we want to sta te those as being 1ha1 we , ·nt 10 cre:1te a community tha1 is clean and safe. we want 10 create a co mmuniry tha! is compatible with the e:<isting ne ighbo rhoods and \\C: think it is imp ortant 10 pro\·idc opportunities for housing :1ndJobs in our land cons1rained commu nuy. I 1hink II is also impon:mt to sec where we c:1n possibly create some recrca1ion and cultural opportunities in this pos sib le redevelopment. Whal you h:1ve here 1onight 1s a series of people who will be pro\'iding 1es1imony thar will 1alk about 1he details of1he Conditions Survey, as well as 1he Plan. He advi sed 1hat 1hese are bo1h required 10 be co nsidered in order 10 creJ1e an Urban Renewal Plan Area . The ftrs1 md1\ 1dual 1s Ari Anderson. our L'rban Renc\,al Au1h,m1y consultant. :rnd he 1s considered a rede\'elo pment cxpen 111 th is field . ~lark Graham will come ni::<t and he will be t::ilkmg to Council about the genera l Plan , det:11ls of 1h1s general Plan and the process 10 crea1e thi s for tlu s co mmuni1 y. I also want 10 note. he said. if you have :1ny detailed legal quesuons. we also ha\'e Attorney Pau l Benedem. who 1s :1lso repre sen ung 1hc Englewood Urban Renewal Au th onry Board . ~Ir. Simpson :1sked for Co uncil's indulgence. because chi s is gomg 10 be a b11 ofa leng1hy process. :1nd he apologized fo r 1ha1. Bui 11 is 1mpomn1 1h:11 we ge t 1h1 s infom1a 11on ou t. m the tes11mony and on the reco rd . as thi s 1s requ ire d in accordance \\ uh S1ate S1a1utc . He thanked Council for their co ns1dcrauon . . -\n Anderson, Pre sident or A1 ;!:ur L. Anderson and Assocme:i.. Ur ban Renewal Co nsulta nt s. s:1id he w:1n1ed to g1\'e Counc il a bnefbreakdown orh1s e:<pcnence . He s.1id he w:1s Executive Director of1he Es res Park Urban Rene wal Authoruy for fifleen years. E:<ecuuve Director of the Golden Urban Renewal Authonty for 1hree years and also E:<e cu11ve Dire ctor of the Fdgewa1er Redevelopment Au1hority . I have . o,•er the pas1 ten years. he said. performed bligh 1 srudies for fh:: Cirv of Nonhglenn. ~onhglenn Mall when the y established 1he Urba n Renewal .-\uthority there. the Denver Urb an Renewal Authonl)' whert they redid Bear Creek Shopping Center, the onginal Town ofSupenor :1.i.d !he whole Town ofSilvenhome. which • wa!I 3 very intere sting cucumstance to do 3 whole town. the Ridge Home Projecl for ,he Ciry of Arvada. several sun-eys. shopping cen1ers and :1n mdustrial a.re:1 for !he City of Broomfield and two smp shoppmg centers for the No nh gle nn Urban Renewal Aurhonty. I ha ve also prepared a Cit y Maste r Plan fo r the City • En1lewood City Councll December 18, 2000 ,.,. 7 ,11 > lu II IJ1rr"i M l~•llll u(I p, ,:,ic'l of Edacwatcr and the Historic Arkansas Rl\'Cf Project start•Up lOr 1hc Cily of Puc:blo. This evening I am prescn1ing lhc lindings of a bl ht ht stud y condu-.:1cd in :i.n ;area I have called tht: Engle\\'ooJ lndustnal Arca 1 he said, and a map oflhis artll is found in 1hc rcpon :md is on Exh1b11 I. He not ed ttuu Council has been given copies of Exhibits I, 2 and 3. Mr. Anderson s~tcd that this report has been reviewed by the attorney for the Englewood Urban Renewal Authority and has been found to be in confonnancc with the Colorado State Statutes. The presented rcpon cited references .ind the three cx.hibit boards make up the total Conditbn Survey and this is pan of the official record of 1onight 's meeting . He advised that Colorado S131< S1a1u1e § J 1-25-103 (2). as modified by House Bill 99-1326 in I 999 . defines a bligbred area and !hcse arc detailed m the repon . He poin:cd out !hat at least four of those conditions must be present for blight to exist. For this presenlation, he said, for the sake of lime limits, I will discuss only six of the coaditions found in the area. All of the conditions arc found, in greater detail, in the repon itself. Mr. Anderson said the first condition that will be discussed is slum and dc1eriorating structures. Using the document camera, he presented photos of General Iron Works ' buildings that, he said. show what is considered to be a deteriorating condition. There is extensive nm. abandoned buildings , din parking lots and it can be seen that the area is overgrown. so, he said, we would consider trus to be a deteriorating condition. He noted that conditions of the acrual buildings , within this site , c.in be seen in these pho1ographs. He pointed out pho1ograpbs showing the broken windows in the building that were covered with corrugated plastic, bu ilding damage and foundation damage. In one case it looks like ii was hit by a vehicle and in another case we see the senling of the bu ilding . Mr. Anderson noted , as he said earlier. Council will find more details in the repon itself. He said he would like to speak next to dcfec1ive and inadequate stteet layouts. Elati S1ree 1, al the very nonh end of the project area by Yale, has a 50-foot right-of-way, the rest of the streets wi1hin the area have a 60-foo t right-of-way. Galapago Strcc1 has a little over 46-foot right-of-way and. he advised. the standard width for that area is 60 feet . Mr. Anderson explained that this demonstrates :m area that has inadequa te streets and the result of tha1 is where. on both sides of the street, \'chicles park off the street and onto the sidewalk. This causes pedestrian passage 10 be difficult which causes a dangerous siruation for pcdcsirians if the y should happen 10 walk in 1ha 1 area. He pomted out another picrurc, which shows the vehicles on th e street He nofcd the curb line 1s an extremely low curb and it was designed trus way so the vehicles could drh·e over the curb and park . It also makes it hard to walk. especially if you arc handicapped trying 10 walk on Wt strret when it is at a tilt Another condition that is shown. he saill, is 1ha1 West Amherst Avenue docs not ir,tersect Elau Street at all ; 111s a roundabout at the entr:mce to General Iron Works . He said he unde rstands why it was made that way, but it i.s a condition of blight when yo u don't have circulauon throughout the neighborhood . Next, he said, I would like to speak qu ick ly to unsani tary and W1Silfc co nditi ons . Again. he noted, there are no sidewalks on the west side of Ela1i Street. He pointed out an area that had no sidewalks and another area where a sidewalk, that ieally ends and goes nowhere. on a stree t that has no curb and no guncr and no draina ge. Mr. Anderson opined that these arc all related to unsanitary and unsafe conditions for people, pede strians. Unsanitary and unsafe conditions arc al so demonstra1ed in condit ions that were found in the Genera l Iron Works property, he said. Numerous drums , labeled ns unknown materials. ha ving bulging 1ops, indicating pressure that has been built up in them. Another scnes of drums, ,·cry close to the sa me area. were unidenufied as 10 the contents. II was in teresting, he said. that dwing the two dnys he was then:, he found a trash dumpster located on a street that was really pren y narrow to have a trash dumpster parked there. He said he understands that is nol all owed by Code. I al so found a house !hat has been rccenll y aband oned. he said. it is a rental house. and rhe trash wnsjust stacked in the back ofit along 1he alley . Agnin. he noted . these are unsafe . unsanitary co ndil1ons 1ha1 exisl. Another condition of bli ght is the detenoralio n of sue or other improvements. The dnvcway at 2830 South Elat, Street has c!'Xlcns1,·e scnhng and ex1cns1,·e crackmg w1thm the co ncrell! drl\'eway . Similar condi1ions were noticed at the dn\'eway a1 2904 South Galapago Street. Again. he said, there was se \·ere cracking of concre 1e, the co11d 111ons due 10 subsuifa ce problems . Another condition that he found "'Cle abandoned , doublt: T. struc1ura l beams s1ttmg ma yard . The y had apparently been there long enouKh for trees 10 grow around them. he s;11d. which md1ca1e s a len gt h of 11mc. He p<1 mted out tha1 the Englewood ngh1 -o f-wa y for Yale. co ntinued. 1s no\\ bemg used for V.Ttckcd \'C hicle st•Jrage . The p1ct\U'es from General Iron Works . he said. show dc1eriorauon of the sue and 01hcr 1mprow:mcn1s and the typ~ of condition on the propcn y. Scn1p mc1al. barrels. discarded equipment. pile s of 11es, piles of rail. co ncre1e pile s and 01her equipment 1ha1 has been nb:mdonr:d . Tree tmnnungs. all sons 'rlf dry ma.1em1ls En1lew0-0d CII)' Council December I 8, 2000 P11• 8 0 J ' J lit1•1,,,t2 i Ml 1·1!1111,~:.tll 'I slacked Along prdperty linC"s that indic:ue they could potcntiolly be a tire hazard , if a fire started in that area . Ano1her i1em I would like 10 point ou1 , he said, is unusual topogn:iph y. The following is from rerenmcc 3, he said, which is included in thi s study . Regarding unusual topognphy. he said . the historical records indicate that all solid :ind hquid waste was previously disposed of on the property . These foundry wastes include black foundry sands. clay, sla g. !c rup iron. and sttel and organic compounds . Foundry wastes and soils were used to level the GIW propcny . Landfilled foundry waste has generally elevated the OIW propeny above the surrounding grade . This elevation gain is ten feet and it is on the north end of the propeny. II c1m be seen on Exhibit 3. he uid. The shaded area of 1he map indicates the fill area . He said. regarding environmental con1amin.uion of Ge neral Iron Works' buildings Bnd property. that he would like to stan with jusr rhree items picked at random from those in rhe te~t. The foundry building wu identified with rhe following areas of potential. recognized environmen1al co nd itions : historic storage and handling of acidic 1Tl3tcnals so uth of1he former furna ces, po1en1 ial of .;\CM's (A sbestos Containir.g Material s), insula1 io n material in the ceiling :md w:ills. heav y me1:ils in soi ls and a subsurface pit neBr the east interior w:ill . the fo nner dis tillate pit t:ink US T (U nderground Storage Tank) and subsurface pip ing in the nonh end of the foundry . The pl.ate shop buildings ident ified with 1he following areas of potential recognized cnvi ronmcn111I conditions : potential he:ivy mctnls in shallow soils as soci ated with fonner operations, residua l fuel in shallow soils :assoc iated with below-grade stress-re li eving furnace . The machine shop building WilS iden1ified with the foll owi ng :ireils of potential. rec ognized env ironmental conditions: possible hca\'Y metills in the soils bcneilth e:-tisnng floors . possible ACM's in the insu l:i1ion on the ceihng and the walls. possible PCB containing fluids in the stored transformers . obser'\'ed well monuments associated with a rcponed soil bto\·cnting remedi:iti on systcrr. for hydrocarbon impacted vadose zone soils, observed drums and observed UST adjoining nonh of the facility . Mr . Anderson advised that he wanted 10 clarify one point on E:thibit 3. He explained that "sile bound:iry'' appear,; on two of the photographs . He stated those boundaries ilre 001 the Urban Renewal ordered boundaries of the project th.at was done. these were the boundaries of the Secor study, whi ch was the Phase I study of the pollution in the area . He said he just wanted 10 clarify that point. so there is no confus ion . Mr. Anderson said , it is my opinion, that , based on the observed prtsented evidence and associa1ed pho1ographs , inlerviews . exhibits and repons . inc luded by reference , it is the conclusion of thi s repon that the study arcil has significant examples of1he conditions associated with the legal defin ition of blight and does meet the cntena established in CRS § 31-25-103 (2) as modified by House Bill 99-1326 ilnd is a bligh1ed area . Mr. Anderson said he would like 10 quickl y change hats. After presentin g that pictutt, he said. l think yo u ha ve to pre sent the other side of the p1 crure. The other side ofrhe picture is an Urban Renewal Plan. 10 kind of clarify :ind !Jke care of 1hese problems presented . Urban Renewal Plans are program document s. The y arc required by Statute as pan of 1he Urban Renewal law. The y arc documents that establish fund in£. establish goals Jnd se1 prol·e dures for implement:iti on of the Urbiln Renewal Project for this area . He staled the Plan that has been presented 10 Cou ncil for co nsidera1ion is based on the findin gs of blight and presents 1he steps necessa ry to co rrecl 1he problems note d in the blight sur \'e y. ~r. And erso n sl ate d that the presented Plan is in conforman ce wi th the City of En~lewood Co mprehen si\'e Pl an as modified by Re so lution No . 92. Series of 1999 and the Plan presents the Area De\'elopmen1 Plan as well as public impro\'cments :ind details the procedures fo r 1mplemenlillion. The Phm has been prese nted 10 tht Urban Renewal Aulhonty and has been appro"ed, he said, and ~,.filrk Graham will s~ellk 10 1he Pion . Se mor Planner Gr:iham said he 1s spe akm g on 1he Urban Renewal Authority i>roject this eve nm g and he woul d hke 10 go through a number of the pom1s required by S1a1e Smute and he would begin by di scussing the process . He t>xplained that the bou ndaries fo r the stud y area were es1ablis 11ed 10 be coincident with the 1ndustri:illy zo n,.-d area . That is an are.a we were familiar with . from !he previ ously memioned Secor study, as having so me env iro nmental iss ues. wh ich requi re some remedia11on . In additior he sai d. 1hat area co nta ins obso lete buildmgs an d land uses imposing impacts . es peciall y on neilrb ~ residential propert ies . This 1s :ilso the area profoundl y affected by 1he new opportunities for properties near the ligh t rail facilit y. as recogr ized in the 1999 Comprehensive Pinn ,\mendment . The ex1s11n g conditions. that Mr. Anderson just went through. are documen1ed in the Conditions Sur'\'e y. which was presented 10. and approved by. the EURA eoard. The Plan. which was also jusl presented by Mr. Anderson, addresses the deficiencies that • • Ea1lewood City Council December I 8, 2000 , ••• 9 were in the Conditions Survey . Thal document was also reviewed and approved by the Urban Renewal Board . Mr. Graham stated that we just i nt to no1c, ror 1hr record. that they should be included in their ent irety in the record . [Cl erk 's note: The Cuudi1ions Survey has been included 11s pan of the official reco rd of this meeting . which is on file in the Ci ty Clerk 's office .) To go fonvnrd with the process . he said, 30 days ago . on November 17°', noucc was published and m:1ilcd 1r. property owners within the area defined in the m11p !luu 's in Council's p.1 ckc1. The area is shown in 1hc colored area on 1hc map . The 110111:c was published in 1hc Engle wood Herald two addi1ional times on Novc mbt1 241h and December 8111• Mr . Graham presented the City Clerk with Proof of Publ k:uion ofN01ice of Publ ic He ari ng . He explained ttuu !h e olher steps m 1h1s process are tint reading , this public hearing and second reading . The request is for Ci 1y Cou ncil to find 1wo thing s. One, 11 finding ofblighl in lhe area, and second , to create an Urban Renewal Area . Stale Statute requires th.at I summarize the Ur ban Rene wa l Plan for you, he said . He noted Co un cil received a packet con tai ning 1hc pl a I and so he was going 10 ju.st briefl y state they should understand that it would help eliminate blight. stimulate rede ve lopment and improve conditions, generally, in the neighborhood. And that the concept in the plan is that this is II good site for transit oriented de ve lopment, that th is is a site that is eligible for a light rail station and the redevelo pment adjacent to a proposed light r1il station would be one of the main mechanisms for solving the blighted conditions, because they would be solved wit h the redevelopment by the private secto r. In ad dition. the Plan notes nther powers of the Urban Renewal Authority that are permin-:-d by State Statute , including assembling of .11 d, m.anaging land and disposing of land . As co nceived. tht Plan wrn 1ld largel y be accomplished by the 11 vate sector . But there is also the prov is ion for a funding mechanism through tax increment financmg • . 11c h co uld be used to address those defi cie ncies . He said now I would like to cover some planning and de\'elopment issues . The notion of the Authority is that. with the creation of an Urban Renewal Arca , the Urban Renewal Authority would is sue II request for qualifications and co ncepts ilnd that could be issued in De ce mber . The requests for proposals would be iss ued subseq1Jenl 10 that , conceivably in January , and the developer would be selected , on a tentati vely scheduled date of March 861 . Following th.al would begin a time where the developer, the stafT and the URA would begin an outreach to the community to develop the site plan for the project and during !hat time the developer would be nego1ia1ing a devel oper agreement and clo ::::ing on the propcny . 1-Ie ildv ised the y have discussed tha1 tm~~tab lc with 1he Regional Transponation Di strict and that 1imerable meets theu objec1ivcs as well . Mr . G1anam advised that he needs lo discuss relocallon. although there 1s no relocauon or any family or mdi\'l c;ual planned in the project Sta te Statute require s that Council make a finding 1hat 3 pl.in for relocation Cl(ists. In thi s case, the plan for fe.isiblc relocation is that we don 't plan 10 do .i ny. Th e same for bu siness . ~o relocation of bus inesses arc plaMed by the URA. RTD will be rel1>eating the Barton business, al 1hc1r e~pense . We would ask that the Council find that that 1s the feasible melhod of rel oca ting 1hc busine ss . Colorado Statute requires that we contact the Co unt y and Co lorado Revised Statutes§ J J.25 .J07 (3.5) provides an outline of the informaticn that we need 10 pro vide: 10 the County . Mr . Graham advised the lener was mailed 10 1he County that projects that tht re\'enues , produced by 1he project. would suppon the demand for services gene rated by the project. ln that letter 1here are est imates of project unplcts related to County services. he said, and I belie ve Council received a co py oflhat letter at the first reading of this item. The letter also es timated revenues assuming !he use of Ta:. lncreme1 · J:"jnancing . I have not received any comments or call s from th e County on this item. he sai,~. The school c,strict was co ntacted and they ue entitled to pro vide some feedback 10 the Council . It 1s my undersranding that the y an~ aware of the possible use of tax increment financing, he said, .ind bc ci!usc oflhe State sys tem of backfilling the funding. thilt is not a co nce rn 10 them . The y :ire interested in projections of the number of children that would be impacting their schools and we will work w11h them to provide 1ha1 mformauon ar .,·e de velop the specific 1ype of residential units that will be going m the project. I need 10 st:ue, Mr . Graham said, that it has not been more than 120 days since the co mmencement of the first public he:iring on the plan and that the p13n docs no1 con1ain property . whic h was included III an y prev io usl y submitted Urban Renewal Pliln thilt the Cit y Council failed to approve. The Englewood Planm ng and Zomng Co mmm 1on has rc\'1ewed the Plan . we did not ask for comment from them but I can state . fr om staff, that the Plan 1s consis tent wu h th e Eng le wood Compre hens i\·e Plan . And lilstly, he said . I need 10 sily that "e bel ie\'C that the bo undarie s for th is area have been drawn 11s ne.i.rl y as feasible 10 accomplish 1he go:ils of 1he plan and 111 acco mplish the planning and developme nt objecth·es of the Pl:in . He advised 1tu1.1 Mr . Benedeni would addr~ss some addit io nal issues . tnalewood City Council Dec:ombtr 18, 2000 Paa• 10 , -l.lOOH'JJ • I l H' 1 :tn (I V 1,:1;'1 Council ~ember Ywc ~•ck tr'<t~I ~r. Graham ifhc had said that Banon's would pay for their own relocauon or !Mt the Citt wo11i ... Mr. GrahlUll said no, RID will pay to relocate the Banon supply company. Paul Bencdcni advised that he is 1hc legal counsel for the Urban Rcn<'wal Authority and he has been for some time. He noted he was present to answer any questions Council might rutve about the legality oftbe process. Anomcy Benedeni stated that lie has 1cviewed the dr.ift of the plan and the Co nditions Survey they ha,·e before them this evening and it is his opi.,h•11 tl!.lt :1• .. :"' document( m,-, , the requirements of State law. should the Council decide to approve till. ~l 11~ .-.·'1~1 .• t l'?mes up (.,r final Cl•nsidcration. I do w-ant to make one statement, he said, there is a req,11; , k."1t f ..... f.'.1 ,ding in th..• Statutt, if the proposed Urban Renewal area consists of,.,pen land . Sometim , ti;i r ·.: confusi ng and ques,;u,lS arise later. He said he would JUSI like 10 state. for 1he record. 1ha1 in his .,.,, .. i,,n 1his area docs not qUD.lify as an open land proJect. therefore there 1sn 't any finding of 1h;11 narure ir: the proposed ordinance. He said that concludes his remarks unless Council has any questions. Mayor B·•rns asked if anvone on Council had any questions. There were n•Jne . Mayor Bums thanked Mr. Benedetti . Arl ene Peterson said she has a business at 2980 and 2%0 South Galapago Street and they have been owners of this propeny for over 40 years . She ad\'iscd th.ill the business has been in the family; they have 0\\11ed property in th.at neighborhood and her husband grew up in that neighborhood . $he said she does not see a problem with some of the blight problems he addrrssed, the parking and lmt type of thing. Ms . Pe1erson s1.:11ed th.at some of it has been corrcc1ed since 1ha1 sun·cy was made . apparently, because you don·, see it now . She noted th:u lhey just built a new building dull is wonh over a million dollars, across the stree1 from 1he Winslow property . I don'1 know if they have a comment on the width of the street. she said. That was one of the things he addressed on Galapago. But the trucks going by don't bother our busines:, she said. so I do~·, know that 1his is going to be somcthil 10 they arc going to have address later on . Ms . Peterson stated they would like 10 be kept infonncd of what is being done. Mayor Bums thanked Ms . Peterson . David Peterson, 2980 South Ga lapago Street, said his main concern here is to determine ti,e '-~: v's rcason:llg for including all of the surrounding businesses. when the main objective is to clean-u,. General lrori Works . He noted the gentleman said he thought these were the minimum boundaries. My nusiness is :1c:irly a block away fro m General Iron Works, he said, and I have been informed that I am still included in this area and I am wondering why I needed to be included in this and wha1 benefits or tragedies this is going to bring on me . Mayor Burns thanked Mr. Peterson. \·fayor Bums advised ch:11 staff would answer 1ha1 ques1ion la1er. because he knows Counci l has asked that same question and there is an answer . Marvia_ Hall. the owner of1hc property at 2800 Sou1h Elati Street. said he didn't hear anybody from the City discuss what he has o,·erheard aboui the proposed use of the south end of1hc property regarding retail and high density residential uses . He said he would like staff to elaborate on that. Also. he said. he has heard tha1 a ligl11 rail s1op 1s now planned in 1ha1 pan of the development for Bates. II is my understanding. he said . from a member of the RTD board. a couple of yea rs ago. that 1hey did n01 want that. which was al so m 1he plan abou1 two years ago . He said he noticed an error in ~r A,.derson·s sta1cmen1 about the sidewalk. no1 being on 1hc east or \\e st side of Ela ti north of Amhers1. Tltat is no! true. he said. there is a sidewalk on the cast side. so you ITUgh1 want to correct that and I would lik( to know how much we paid Vir Am.1crson for his srud y. \fa yo r Bums thanked Mr. Hall . Ni:il Greenzwe1g said he has industria l property at 2916 South Fox Stree t and his prnpeny was condemned 1wo years ago . It seems like there 1s a motivation here to develop the area, he "iaid. and it seems like we always move ahead and we sacrilice communuy. He opined he could go 10 Mr. AnderrJn's neighborhood with his digiIDI camera on the w~ekend. l3ke some pictures of cracked concrete near !1is house and maybe • • • Eqlewood Clly Council lle<'tmber 18, 2000 P11e II 1 >ln•1111Jl:;111 ,•11!;1:1J·,fj ~ 'J!J11'l then, were some people who didn '1 uut lh<11 l!llsh out properly . He noted that he , and all c '.Im neighbors on the block. paid for landscapinll .mi their LJildings arc well maintained . Mr. Grecnzwcig noted that prior to getting into this business, t~ ~ 1s wi 1n a company called AurlilS and Surveys 111d they would also do surveys . If you hired us and told"" "'h~, )Our goal was. we would go out and rry 10 find justificatio n to make your goal look good. So I think that I am just standing here to say, he said , thal I think there is another side to this . I don't wanr 10 icavc. I have been an this building for twcln: ye ars , he said, so I find l :zrcc with another gentleman who spoke, that if you wan1 10 clean-up General Iron Works, do it But if you walk down South fox Sttect on the industrial side of the strcc1, there arc many imcrcsting, small businesses that I think arc contribu1ing to the neighborhood and pa ying sales 1axes. To jus1 bulldoze everybody ... for wbal'! So the deve!nper can come m and 1um a profit'! We ll. he said, we all want to do that but I wouldn 'IJwnp to that conclusion and do that Mayor Bums :1 ::,kc~ Mr . Grccnzweig about his co mmen1 1ha1 his propcny w.;:.s condemned two years ago. Mr . Greenzwe1g s1a1ed dun all the propcnies in their neighborhood were cr,ndemni:d, and they couldn't get a building pemtit. Council Member Brad shaw noted tha1 was tht moratorium. Then. Mr. Greenzweig asked . 1s condemned not ,;orrctl. Mayor Burns cxpla1 ... cd 1hat ii "'asn·1 c,,ndemned. Mr . Gr-'enzwcig said he agreed wi1h the tenn blight to describe General Iron Works, but th.:y didn '1 show the rest of the neighborhood. He pointed out that they received rcwaids for Christmas liKh,ts, !hat this is a community as well. Mayor Bwns thanked Mr. Greenzweig . Frances Simmons, 2951 South Fox Strc !t,. said she agrees "''th the gentleman who just spoke. There are businesses and residences that arc good buildings. she said, and I would hate to see you just come in and knock ever •. hing down and stan all over again. I think thc:re is some consideration to give to these people who have maintained their properties and, as the Henlleman said, our Fox Street residences and businesses .ire n.,, all like Genera l Iron Works . So , she said, I wou ld like you to) -:cp iD mind that people do live there :md ha\'c been there :t long time . Mayor Bums thanked Ms . Simmons. David Musgrave, owner of property at 2963 South Fox Street. asked that Council. i'l considering this, take something else inlo consideration . You arc thinking about redc\'cloping 1hc area. he said , and I believe redeveloping is a good thing, however. ii seems like you arc taking out businesses and residences to put in other businesses and other residences . What I would encourage yo u to do , he said, is to try 10 work with the owners. and the people who arc there, to possibly redc,·elop whe-rc the y are . For C:(amplc, the neighbor on the south side of me . he advised, hns been talking about how he would like 10 add onto his house :ind I.ow he would like to redevelop it. Currently. be said. I am planmng 10 make some changes 10 my house . I actually have it rented ou1 right now and 11: reason is to m:ake some mone y to make some changes to it. So I know there arc people in the uca willing to r.:dcvelop as it is right now . He opined that the redevelopment of General Iron Works is fine , bu1 he encouraged the Ciry 10 work with the bus inesses and residences as the y are right now to sec what ca n be de veloped . Another thing, about !he light rail stop being proposed. he said. 1s that he is not too sure abou1 the logic of i1. I understand it is intended 10 be 11 drop off and nde type light rad stop. but It is so close to another one. that J really question the necessity to actual!:, ,ta,·e a light rail stop there . I would encourage you to consider that as w~1J , he said . Mayor Bwns thanked Mr. Musgrave. Mayor Bums said. just for clarification. he would like io read the first phrases in Section 5 and Sectio n 6 of the ordinance . He said Section 5 says "it is not anticipated 1hat any fi:unilies or individuals will be displaced by the Urban Renewal Project" and Sec1ion 6 says ·:1 1s not anucipated that any business co ncerns will be displaced by the Urban Renewal Project" He staled that tho se are the init ial clauses in those 1wo sccu ons . I will alk sta ff to address 1his further, he said. but. a1 this pomt . 1hat is still 1he intent as far as 1his plan 1s conce rned . Pamclc Draper said he owns the propcny a1 2941 Sou1h Fox Street and he 1s al so concerned abou11he furure even though what ~1ayo r Bums just read says that there 1s not gomg 10 be rclocauon right no w. I have Enalewood Clly Council Dtc:ember 18, 2000 P11e 12 , II >lu,o,,,J:.ni f'.l1·,1lm ,·,O 1 1,;~11'1 rtccived leners that say we arc in the atTecled area, he said. When J 11urthased that home lbrce ynrs ago. I bought that home knowing we were :zoned light industrial so that I \I ould eventually be able lO m&U :i living from my home while living there and now I am a linle bit concerned abouc that I do agree \\ilh lhe conditions of bl ig ht in our area, he said. however I think there are more conditions other than just GfflnaJ Iron Works . He said, I don't know ifany oflhe Council members have ever driven down the alley berwecn Bates and Cornell and between Fox and Galapago. but 1 think we should clean-up the alleys for no"·· ifwe urc that concerned about blight conditions . 111\'e right behind a couple of businesses. which I won't identify right now, however there is continuously trash behind my house bcc;iusc of these businesses . including sharp objects. The-re was a picture shown of somebody 's trash that had been dumped behind someone else 's house . Thi s summer, in August. somebod> had either been evicted or kicked out ol a house. he s.:ud, and when l .:ame out 10 take oul my trash one afternoon, all of somebody"s belongin gs were behind my garage , along with my trash. Of course. he nored. I called Code Enforceme nt about it. but it doesn'I really seem like Code Enforcement does a whole lot for us. But I think these issues should be addrc:ssed along wi1h General Iron Works. he said. Mayor Bun ·s thanked Mr . Draper. Mayur Bums no1ed there was no one else signed up to speak :n this Public Hearing . He asked if there was ::inyone else wishi ng 10 :iddress Council. Bob Hamilton. 2995 South Fox Sirei:1. op mi:d 1ha1 1(1e reason a lo! of the people here tonig ht arc s.::ired is because of,hc vagaries of the pla11 rcgardim: the ar!a and the residential neighborhoods. What 1 ~e. he said. is the pot ential for posi1ion ing the opion down i~e ro:id 10 raze our neighborhood 1f II meets the developer's needs and the needs ofwhot\'Cr is ruMmg this siruation. I have gone O\'er chat whole plan and site survey and I see th-: anticipation things yo u mentioned, he said . but I don't see any timetables .:md I don 't see any specific situations reg11rding that neighborhood on South Fox . bounded by , l bclie\'e. Cornell and Bates . I find it very disappo inting lhat they can't even get a direct answer this e\'ening from the people making the plan. for it appears 10 me. he said. to be a very simple answer, irthere is really l.u anticipaoon 10 raze ou r homes . He asked if you want to work with the neighborhood, why don·r yo u go out and talk 10 the neighbo rhood . I just bought my home a year ago, it is a nice duplex. I keep up the 101. I built a nice fe nce on ii and l plan on living !here. but if l do mo ve and rent it it will be with good renters who care about tha1 neighborhood . 1 just find it qui1e a struggle that these gentlemen have done all this work. he ~i,i d, but the y haven't d<'ne 11nything to address what is obviously a siruation they ha\'e faced before. which 1s pl'ltent ially up heaving people in their neighborhood . f think it is a travesty. he said. with all the money we have spent. lhnt these professionals ha\'e not addressed this more dire ctly and :is a business owner runn ing my business out of my home. it just makes me wonder why it is not bemg directly addressed. unless there are some ulterior mori\'es going on. If there :1re. he said. then we nttd 10 know about it J5 soon as possible. so we can plan our lives accordingl y. whether II is two , three or four years down the road "-'hen !lus 1s uomg to happen . While lhe y are here, he sai1 l. I don't knov. wh y we don 't take a mome1:t to address 11 righ•. here , right now with evcr.·one here . Mayor Uums 1hanked Mr. Hamilton . Dan .1:erfas. 301 1 So uth Gal11pngo Strec:t. said he ,no,·ed back into Englewood about fi\'e years ,go aud he was happ} 10 i:;et a hou se here . Right now you say you don'! anticipate movmg any farruiles and. he said. I know what Iha! word means . Thal does not mean they wo n'1 be moved . I saw the iirsl pla,1 tor th.is :ibo ul three years ag o and thc:re \\':lS supposed 10 be a hotel s1mng where my h,rnse 1s. Although I do:,·1 ap;::o,·e ofrhe Cay te lling someone else how to run 1hc1r bus mess. he s:11d. 1fGenc:ral iron Works .::J.n be de\'e!oped I hope 1ha1 will be a murual agreement be1ween that business and rhe City . He pomic d ou11 ha1 there Jre some 01her people here that have great busine ~ses and they were approved 10 put the bus messe~ there JDd building pe rmi1s were approved . He noted tha t thc:y have: mongage p:lymenis 10 nuke. 100. and :ill of a suddi:n they are in a bli ghted 11rea. I don·, understand 1ha1. I've seen a blight area before. be said. md. the thing of it is. 11 put s ou t a 101 of pt:ople. a 101 of ~or le tuwe dreams. a .ot of people ha,·e put a lot money mto then homes or busmesses . I jus t wish !he City would think a lot more . I know yo u w1ot to develo p the Ci ty. he .;aid , and nuke 11 a grea1 City and we would hkc that also. That is why I moved bad: into Englewood. he said . I just don·, like 10 sec a big Cit y Cou ncil come m and push people out. As l said. these people hn,·e a lot ofdre11nts and all ofa sudden we are in bli ght area . He noted th:lt one man made • • • Englewood Clly Council Doc:tmbtr 18, 2000 P•a• 13 lb,111,,-.,1;,nl 1:~1 dir•-n,fJ 1-f.,:iL'l th!! comment that no new arcu have ~n 1argcted. My home was in that first area, he said. bcco.u.se I tbiDk you went from Santa Fe 10 Broadwa y or so . So I am s1ill in that llrget area. I am a little scared abou1 losing my house. I like living in Englewood IIJld even though lam ri9h1 across from Winslow, l like the area. the neighbors are ru:al and we have some grcal businesses . He asked that Council consider what they arc doing 10 other people before they make some decisions . I would appreciate that, he said. Mayor Bums thanked Mr. Ze rfas . Mayor Bums asked 1f anyone else washed to spe ak. There were none:. Mayor Bums s:11d he would like to ha\'e the ~tr . Gra ham address so me of the issuc:s 1hat have: come up . talk a little bit about the study three ye:m ago and th: l 'rban Renewal procedu re s and what stage in 1ha1 procedure we nrc at right now and why we don 't have more definiti on of what might go in there and what 1ha1 proce ss is about. Senior Planner Graham said he would try to address lhose issues . He explained that the study three years ago was 11 small llrea plan that looked at the opportunity of General Iron Works, specifically, because it was on the ma rket 111 th e time and represented one of the largest redevelopment parce ls in the City. We ended up recommending to Council that the ti me hadn't come for the neighborhood 10 come to •greemcnt yet on what should be done with that propcny, he said. Though I can tell you that at the end of that process we were aware that RTD was IOOkini at the facility as a possible location for the light rail station and in the meantime RTO produced a white p.1per that made i1 the preferred aherative site and the original proposal would take the entire site for the maintenance fa ci lity. Mr. Graham advised that an RTD facility pays no propeny tax, pays no sales tax . no tax on equipment, generates no revenues , and relativt.ly few jobs for the size of site that it requir,;s to store trains . So. he said, about two years ago RTD approached us and suggested they use thr.t entire site . Our rtsporl$C was that we wou ld like to negotiate the possibility of using less than the entire site, because Englewood has some needs for housing and for some o '.1cr uses. He ndvised that RTD has panicipated in a charrene and other negotiations , whic h have yie lded n compromise so lu:ion that they would use approxim.1tely ha.If of the General Iron Work 's sue, plus additional propcnies nr)rth into Denver for their maimenance facil ity and allow the Urban Renewal Authority, if the area. is c:eated. to acquire th e balance of the site for rede velopment. The main mechanism that is proposed in this 1s a market mcchanisnt One way for a city 10 do thmgs is to clear 1he way, 10 grant the cntillements in tenns ofzomng, to provide the nb1l ity to acquire th.at land through 11 request for proposals process and gencr:illy 10 allow that redevelopment to go forward wi th as few hindrances as possible . He stated that is the mc1hod we arc ad,·ocating at this u.me . The rea so n we didn ·1 focus Just on General Iron Works. he ~aid, is that it 1s n problem in Statute 10 focus on any panicular property . Especially when then: arc evidences of blight . not just on the one property. but also in the general area . It is alwa ys a question of how much of the area shares commo n problems . \'ersus how linle of the area you need 10 accompl ish the development objecri,·es . The decision was made . beca~ most of the industrial area 1s m 1he walkab le area . 10 use a quancr mile from a proposed tnlllSit station and that the combination of a quarter mile . and 1he indu.stria.l area thnt shares the common problems. was the appropriate place 10 draw the boundary. Yet I understand. he said. why people would be concerned th.!at t~ir property hes within the area, bu 1 we arc saying we don't an11cipa1e an y relocat ions. any displace1ncn1. What the plan allows us to do is 10 correc t the infrasuucture problems . 1he stree t wid ths. the sidewa lk s. the dramage. and provide cnvironmentn l reme<'1ation in that en11re arc:i.. This crca1r s a so.l'r r city. \\•h1 ch gives us 3 way of reso lving so me of those ?ro, lcms once :ind for all . So . he sai d. we h.we proposed that \\~ resolve ii in that enllre 1ndustnnl iUC3 and 001 jusl adjace-nt to one panicular site . Ma yo r Bums asked if Co uncil had any que s11ons or comments . Council Member Gam:n noted tha1 we trug.ht ulumatrl y rezone so me of the propemes 1here from industnal to reside-ntial . because right now some of the residential would be a nonco nfonnmg use m thllt zone district. How does that work with the people who spoke todA j• o.bout having home bus inrsscs. he asked, if they c:ime from industrial to residential. Mr . Gro.ham explained that cre:111ng the enutlt:mcnts for a transit En1lowood City Counlil December 18, 2000 Pa1• 14 ~r I J ,• lb111,i:,f II~ o O., V.I 111t111,n1! ,:.c I oriented development is conllni; up in the next phase of1h1s project : ,,rt it will be II new zoning district with the requirement th.al lhe uses are consistent with ~ndits of transit. ina1 is , att they likely to be users of transit and support tr3nsit or benefit from it ? Regarding lhe question 'Jfhow 10 deal with the existing nonconforming residences, he said, I beli r ve !here arc thirteen nonconforming single.family residtntial homes in the are:i . The question of ho1,1, h deal ·1· .th those is :,, question that can be resolved in that zoning ordinance . One way II could be resol•-.:.1i ,, 10 s.:, .hey arc no longer nonconforming. treat themas conforming and allow them to ndr, on. -~ n.'1: -\'IIY ,.hey could be homdled is to treat them as non- conforming and not allow them 10 c..: _ ... :i u, '. · .'t: ~•,e the principal of nonconfonning use is tha1 the usefulness of something will diminish over .. ne .1 1he)' :ire not :11lowed 10 expand ii and then that use will go away and a conforming us..: will replace ii. It is a decision that tht Planning Commission needs to weigh in on firsl <md then ii would come before Council in the form of an ordinance and Council could 1hen modify it or accept it :is it comes from the Planning Commission . Mr. Graham ad\·ised tlw.t the draft ofth.: O\'erlay ordinance. which we are st1ll working on. shows single fonulie s as ~coming confonning, because that was our perception of the way Council wanted 1hem to be dealt with. ~owe will lake it 1h.a1 way to the PlaMing and Zoning Co mm ission and request their opinion on thal as well . The bonom lin e is, he said. 1hat this will come hack before the Council sometime next year . Council Member Yurchick asked about the businesses in that area, if they then become nonconfonning . Mr . Graham said the ant icipated approach. and again. trying to us,-a market mechanism. is that they wouldn't be nonconforming . 1hey would become subject to site plan approval and some criteria that weighed whether or not !he proposed expansion was a subst;mrial change or substantially inconsis1ent with 1he transit orientation of the zoning. So, for example. if somebody proposed a fre1gh1 company with II IJrge warehouse that would be inconsistent as an expansion . If somebody proposed an office expansion in the area . i1 probabl y would be consistent with the use oftransu. He poim ed out 1hat 1here is criteria being de\·eloped to help detennine whet~.cr or not the changes that lre proposed would be acceptable unde r a condi1ional use or not. Council Member Yurchid .. asked if this would put limitations on existing businesses as far as what they cou h.l do for expansion . Mr. Graham said ~es, but minimally. He opined that the idea is that it will take some time for the transition to occur for the exisung businesses and that. O\'er time, there will be a demand for 1he office . multi.family and m ·.'<ed use development that is encouraged in the overlay zone and that it would pennit the businesses to m11t the ir buildings as business assets . When the price got to the righ1 point. he said. then 1hey could sell ti,;.; ~ a business decision and move on. or expand it in a way that is consistent with being compa tible with the residential uses that arc already there and the new ones that would be going in . Counci l Member Yurchic:k asked what would happen ifthcy don·, wam to chan~e. what if there are businesses that aren't compatible and they say they want 10 stay there . Mr. Graham said the hope would be that the businesses that choose 10 remain are businesses tha\ are compatible and that the enforcement mechanisms. that are already on 1he books for odors and \'ibra1ion and those things , could be r.nforced to ensure compa1ibili1y . Also . he poin1ed out. there is some burden on 1he new developmenl 10 build in such a wa y tha1 they provide buffers , where 1here :1re known problems 3nd 10 protec1 1he1r new investment from 1hose kinds of situations . Director Simpson said he" woul d hke 10 we igh in. a little bu . on 1h1s pam cul:1r issue . As you know . he said . the zoning issue= 1s not <'omplcted and 11 1s 110 1 a cons1der.111on of th e= CRA plan ordman ce that Council has before them. bul 111s probabl y wonh no tmg 1ha1 the rr:111s11 zon e 1s s111\ 1n drali form a1 1h1s time . We are inh:res1ed in cre:mng =' tran~ II oriented devel opment 3t th al site and thal is compc •ed of a vanety of uses . There will be different L'usmesse s and d1ffcn.'nt res1dcn11al uses m 1ha1 zone= d1 smc1...office. rei.ul. 1ha1 kind of rhing . He stated that m,my of 1h: businesses that exi st 1herc 1oday may or may not be compatible and those are some of the issues tha1 have 10 be worked into this equauon . He ad\•ised tha1 one of the imponan1 things 1s 1ha1 we are trymg 10 crea1e a higher le\el of density in all mstan.:es . Be1..ause . he said. as you kno w, 1rying ro creale a v.-alkablc= community near 1hat transit sta1 1on ar.d near the light rail maintenance • • • • Eoalewood Cl!)' Councll Dfcember 18. 2000 ,.,. 15 l ,11 > l111ou 1!.lfl, I .P. l\ld•utt,O ll'I "'t.lf facility will be one of1h< more imponan1 cor~lder1 1iona 10 crn1t h<re . AJ we blvc .. ,, .... wilhin City Ccn1er. many oflhose similar usos will likely be snn In 1h11 localiun , There 11 an «:,e<11 1ion 1n111 1hll particular ttansit developm<nl will be more foc.,.d on hou lin11 and Im on convncrcla. leve?opmcn1 and that is one of the consickrations we arc taking ii look 11. Mr, Simpsnu .aid that. 11 Mr . Graham indicated. we will be presenting the ttamil zone 10 the Plann in11 and Zonin_· 0111111,on In lh< fim quaner of 2001 :md Council ,..,;11 have the fw l SI)'"" passing 1h11 ordinance be! 11 uctJ put ln10 p!J-:~ ~1ayor Bums said he didn 't lhink we had quite addrcued why 1h11 Isn 't rnorc deflniri\'c , He noted there is a panicular procedure under the Urban Renewal Au1horuy for when you ao tluouah this proccu that we haven 't ye1 tall.:cd about. He asked that staff expl:un 1h01 and how we reccl\'C proposals for somc1hm& like thi s. ~ark Graham explained that we arc using :1 rtques1 fo r qu11lilica11ons and conccp ls process where we: would pre-select qualified developers and 1hc11 rcq1Jcs1 thal they prepare proposals, In concc:pl fonn. so that they would be providing pro formas and other informauon for wh111 1hcy ttunk 1s I proJeCI tha1 1s acceptable in the ma.rkeL to be privately established. He advised 1ha1 what we hive provided 11 a mrchanism, through the Urban Renewal Authority. to hold the land until we can selec1 1 developer and they can prepare a plan and an outteaeb eiTon with the neighborhood that would be acccpiable. We do havr dales for lbe propoacd rime line: on 1ha1 request for proposal process. He said he had just mentioned a couple of them, but buically they arc shooting to have a developer on board by March 8111• The request for proposal process is the prescribed process by State Statute, he said, and we caMOI go out ahead ofume and prepare: a plan wbco wt are being dri\'eD by the market. He stated we arc as!<mg the markc:1 what is possible to build 11th.is location. at thh rim: and that t!i "::y we are not being r:xm: specific at this time . Director Simpson .\d\'iscd that he thinks another factor that is also very imponant to co nsider, besides lhe market. is tha1 the developer needs to work very closely with the nei ghborhood, the citizens, the City Ind the Urban Renewal Authority on lhc develo pment of a plan that begins to meet most cxpcc11tions that occur in this area. Jt is a combination of wo rking with rhc community and workin& with 1he marker to accomplish the goals and objectives of the plan, he said. Mayor Bums said. lhcrefore, the reason we don 't have a definitive plan is because we don ·1 hl\'C any plans submitted yet. Yfr. Gnibarn said we don't have a developer yet. Mayor Bums noted that 11 the proc:eu whe re: we work \\ith the commun ity in order 10 amve :u an acccpiablc pla .t. Mr. Graham said yes, that is co rrect. ~1ayor Bums said at this point , to fwthcr clarify. we arc JUSI idcnufymg 1h1s as a blighted lrc:t . We have 10 do tha1 under tt.c: t.:rban Renewal law. before we get 10 the poml where we are look1nK for a deve loper . fie asked ifthlt was correct Mr . Graham said yes, that is correct Mayor Bums stated thJS 1s 1hc 1m111I, fir11 Step . Mr . Benedetti said he wanted to make ii clear. that his understanding of the proposal is that we are talkln& about a de,·clopcr that will be utilizing the excess land left over from 1he RTD acquisition. So. he Pid. when Ytr. GrJham was talking about a developer , we arc not talking about a developer coming ID and acquinng land from 1he Urb111. Renewal Autho1 ·ry that involve~ any oflhc other property ID the ma, other th,m jus1 the :irel tha 1 wili be excess land as determined by RTD on 1he site 1t.:11 they arc :icq:.iinnij . He asked if he was co rrect on that. Mr . Benedetti said he just Wilnted to be sure . ~1ayor Burns noted that is one way of puniug 1:. He stated. for funhcr clarification for the audience , that the southeast :omdor study tha1 was done for the southeast. not southwest. for 1hc southeast co mdor li&ht rail and highways . was done by the Colorado Depamncnt of Transportation through thc1r facilitator . In the process of doing tha 1 the y had abo11t 1wenty si tes th~y had 1den1ified as possible sites for the RTD maintenance :and repair fa cility for their light rail cars. Or the rwcnty sites , he said. the on e 1hcy picked was Genera l lron Works and COOT came 10 a Cou.1cil meeting some months ago. and more or less thought Enalev ood City Council December 18, 2000 Paae 16 Ii JI 110 > /JI J UUO#~l,.111 " 000 1 I t ,dm"~(I ,,'I the y would co me down and jusr l:tkc General Iron Works . We huve been th inking about developing that property for some 1imc. he said. 1:1nd the Housing Authority. that 1 used to serve on, had I proposal six or seven years ago 10 convert tha1 from an industrial use to a housing use. So, he point,:d out, we hive had our eye on that for development for some time and he"" comes CDOT. He sa itt they car.IC down with a resolution and they wanted to just take the whole sllc. We reacted very Sh"'ln"l.ly to that and 1old them we didn't think they were treating 1hr community with su fficient respect and really, frankly, chewed out their representatives in front of a Ciry Cou..,cil meeting. Mayor Burns cornmcn1ed that we have a pretty good relationship with RTD . having worked with th em for so long on the light rail. But, 11 that point. Rm general manager Cal Marsella came 10 11 Council fflC'C1ing and apologized cx.1cnsivcly to die City for the way we had been ttca1cj in lhis process and gal Tom Nonon, the Director of COOT , to come down 10 a mccling in 1he Library, which we all anendcd, and started 10 Jiscuss an intergovernmental apecment between the City, RTD ..nd COOT . 10 split this property aud h.w c a.join t phm fordc,•elopmcnt where RTD wo uld obtoin the north half of u and Englewood would ob1am the south. That is ex.actly what we uc doing now. We arc proceeding wHh that agreement so RTD can ha ve wh111 they need for thell light rail cars ai.J Englewood can have an opportunity to redevelop. He stiled tha t is how the process really got to the point where it is now. Then we wcn1 into the Urban Renewal phase, he soid. whic h you arc seeing here tonight. in order to acquire title and also so we will not have all of 1he ri:le flow through the City of Englewood. but separa tel y 1tuough the Urban Renewal Authority. That is a little bit of the history, he said, of how we happen 10 be dividing this property between the City and RTD for development. He asked if1hcrc was any othercornrnen1 Council mcmt ers "tsht"d to make . Marvin Hall said he just had one more question . Why is it that ;:re>pareritly you feel 1hat 10 use approxinu1cly half of the Gene~! Iron Works dgh1cen plus acr:s for red evelopment for private use is nol a nolation of th e pro visions of the fifth amendment 10 thl! U. S. Cons titution ? Council Member Garren said that, as he understands it. under Staie law, RTD has I.he power to condemn. Mr. Hall stotcd there is no doubt about that ... for publi c use . Mr. Ga rren sa.id that's right and so 1hey have 1he ability 10 condemn the whole site , because that is what they want. the whole site. He advised tha t what we ha ve tried to do here is to put us in a position where the y wouldn'1 put a maintenance facility on the entire si 1c, at le;is1 give us a po11ion of 1hc site for some kind of redevelopment. Mr. Hall said that might be an opinion. bu1 the concept in lhe Fifth Amcndmenc is very plain and I don·1 sec how you can violate that. City Anomey Broizman adnscd that the public purpose here is the purpose we 11rc talking about tonight. which 1s reliev ing the blighted area. Mr. Hall said that would be fine if yo u were con verting it all 10 some so n of public facility. that means owned by the City of Englewood or RTD or COOT or whatever. But when you arc taking private property :md giving it to a developer to redevelop into property to be used by 01hcr private individuals. tha t is a violation of lhc Fifth Amendment. is it not? City Anomey Broizman said nol in this panicular case. not when you arc relievin g the blighted condi1ions we are talking about. Mr. Hall stated there arc no excep tions 10 1his as he reads 11. Mayor Bums asked 1f Co uncil had any other questions or comments . There were none . COUNCIL ~IDIBER BRADSHAW MOVED. AND IT WAS SECONDED. TO CLOSE THE PUIILIC HEARING TO CONSIDER THE CONDITIONS SUR\'EY AND THE ENGLEWOOD INDUSTRIAL REDEVELOP:\tENT PLAN 1)1 ORDER TO APPROVE AN URBAN RENEWAL PLAN FOR THE AREA DESCRIBED THEREIN . Ayes : Council Members Nabholz. Garren. Bradshaw. Wolosyn. Yurch1ck. Grazuli s. Bums Nays : None Motion carried and the Public Hearing closed. • • Enslewood City Council December 18, 2000 Pase 17 ,liot1 f•tt:I 1 tit ~Jtl 11, 'I Ml)'Or Bums advised that Council will not be votinH on this ordinam:c tonight, it is still being reworked. and we usually do nol vote on ordinances on the same night we hive the: public bearing. Mayor Bums thanked everyone for their inte~st. We undersulnd your concerns, he said, and we tried to addrcu as many of them as we could tonight 11nd we will continue to have ouueach to the comnnmity and to the ne ighborhood as we go through this process. We apprcci11e your calls, he said, and your further inpul as we go down the line with this development. He thanked C\'eryone for coming . I 0. Co111tt1I A&enda (a) Approval of Ordinances on Fin ,I Rc;i.ding There were no items submin,:d for 3:;!iroval on fir ;t reading . COUNCIL MEMBER GARRETT MOVED. AND IT WAS SECONDED. TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I), 10 (c) (I), (li) and (Ill). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 89. SERlES OF 2000 (COUNCIL BILL NO. 91 , INTRODUCED BY COUNCIL MEMBER BRADSHA IV) AN ORDINANCE APPROVING SUPPLEMENT NO. 150 TO l1lE SOtrrHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF L.,_ND WITHIN THE DISTRICT BOUNDARIES . ( c) Resolutions and Motions (i) RESOLUTION Ne'. 96, SERIES OF 2000 A RESOLUTION FOR REAPPOINTMENT OF JOHN IV . <• <mi. Ill AS ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD . CO LORAD<., (ii) RESOLUTIO N '.'10 . 97, SERIES L _ooo A RESOLUTION APPROVING AN INCREASE IN BE:SEFITS FOR THE RETIRED FIREFIGHTERS . (iii) RESOLUTIO N NO . 98. SERIES OF 2000 A Rfa0LUTION APPROVING AN INCREASE IN BE NEFITS FOR THE RETIRED POLICE OFFICERS . Vole results: Ayes : Council Members Nab holz. Garren. Bradshaw, Wolosyn. Yurch1ck. Gruulh Bwns Nays : None Motion carried . I I. Recutar A1enda Enclewood City Council Dtctmbtr 18, 2000 Pac• 18 (a) Approval of Ordinances on Firsl Reading There were no ilems submitted for npproval on first reading . (b) Approval ofOrd in.:i ncl!s on Second Re:idmg J l I I 1)1 ) l,01111:,I• II~ IHII ~ RI tlm:n ,rt I, (i) Cou ndl Bill No . 92, dissolving 1hc Englewo•>d Do~rn10"11 Developmc:n1 Au1hori1y was considered . COUNCIL \1HIBER BRADSHAW \IOVED. AND IT WAS SECONDED, TO APPROVE AGENDA ITE:11 11 (b) (I) -COUNCIL BILL NO. 92 ON SECOND READING. ORDINANCE NO . 90. SERIES OF 2000 (COu':-/CIL BILL NO . 92. INTRODUCED BY COUNC IL MEMBER BRADSHAW) AN ORDINANCE DISSOLVING THE ENGLEWOOD DOWNTOWN DEVELOPM ENT AUTHORITY (EDDA). Mayor Bums asked if there was any discuslion or comment. Council Member ~abholz advised that she: i.•ccived a call Friday from our former City Attorney Rick De Win and he stared that several members of the EDDA board had approached him so he could let me know that the y wanted the EDDA dissolved. rh:u they were frustn:ued and fed up . She said if that is what they want. since we have Md co mmuni catio n problems, she would suppon that . I am pretty discouraged, she sai d. and I don'I know how many tir11cs Counci l has to say this . but I would lik e 10 say for the record that we are nol anti•businc:ss. Ms. Nab holz ::aid she has talked to Mr. Kaufman several um es regarding 1his. She told Mr. Kaufman 1ha1 she applauds the job he ha s done for our City and the boards he has served on . I 11m not anti•business. I never have been. she said . I thmk ii is a partn ership betwt-en 1he business. 1he City and lhe citizens that shop al the sto res and I need to make th.u ve ry clea r. that I am not anli•business . Bui. she: st.o.ted . as ~r. DeWitt ca lled me about 11 and said the board members had opproached him. thi s is wha t I wi ll do . Council Member Grazulis sa id he just wanted to say th.at she has been wo rking so me with business owners 100 :md they were quite discouraged iU first . Howe ve r. because they ha ve elected to dissolve themselves, as ofth1s last Wednesday, sht' would be voting yes . One thing l do have an issue with, she said, is the process through v.•hich this was done and tht' timeliness cf it, because it had 10 be done in the eleventh hour. Ms . Grazulis suued that when yo u take an cntily such as EDDA. that has done some good . and th~y are our link between the businesse s and City Council , and to put them kind of up against the wall. she felt, was little bit dissarisfactory for them . Especiillly th e time of the year. when they had to run arou,1d and get all the pemio ns ilnd 1:1ings signed. when 1he y were suppo sr d 10 be conducting their own busine ss and they had to do it in such a tight time frame . I wish 10 apologize 10 1hem for this panicular aspec1 of th is. she sa id. and I do hope 1hough, that 1f so mething good comes of thi s, tha, 11 wi ll be 10 extend 10 all of rhe Englewood bus messes, not jus1 the do\vntown are:i. as we are all pro business , And I would also like to state, she said. th:il I appreci:ite them sticking 11 out at a time when Ci nder ella City was disso lved and they were the on ly businesses that we had helpin g ro maintain our 1a., le ve l wuhm Englewood and I do appreciate them suck.mg ii ou1 and bemg here . Co uncil ~ember Yurchick stated that his on ly commen l is th:it this turned 1010 a negative and he did no1 believe tha1 was 1he issue . I see this as expandmg into a busmess advisory group 1hat is more inclusive and less exclus1vc. he said, 3.nd I see 1he pote ntial for a BID as :i realuy . He advised 1hat the City will be conunuing the fa~ade pro gram. a program that came out of 1he EDDA. whi ch was a good program. Bes 1 of all. he pointed ou t. we ge t 10 re rum some propcny la x money to propeny owners. we gel to reduce some • • • • En1lewood Clcy Councll Dtttmb<r 18, 2000 ,a I ) nlr.tf fl' 1 tttn t1 P•&• 19 taxes . I would like 10 thank 1hc EDDA board members for their lime and conurunncnt. Some of these people said they have served on the board for nine or ten years and they have put a lot of work into it ~ Council Member Wolosyn noted that since this ordinance was first proposed. which has been a month oow, she has listened 10 many 11rgumentS about tbc value of the EDDA and also about the dismal state ofalTain we haP: arrived at. She commented that one of the most persuasive concerns is the value ofadvcrsarial relationships in the community . A l01 of people have told me, she said, that I should value the fact that EDDA has always been here to criticize or to comment on wha1 Council :md staff are doing and to a cenain exlcnl I agree with that. But over the past few weeks. she said, I have been forced to co ncludt tha1 relationships that thrive on strife often bwn themselves out Whal I have seen unra\'el since the first 4 X 4 meeting ::ind the next EDDA mccling and then this ordinance. 10 me, is what J think is the end game of relationships 1ha1 seem 10 1akc more pride in contcn1ion than they do in cooperation and process . I am nol saymg this is JUSI EDDA. she said. I think 1h1s 1s ~o methmg 1ha1 is inherent in this rclauonship. that I have seen since I came on board . I am doing wha1 everyone in my family has 1old me you do in a derrocracy, you compromi~. I am hoping the new advisory board. tha1 Council has asked Community Development and Dan Brotzman to put together for us . will be 1hc firlil s1cp 10 moving on to address what really an diverse and changing concerns in Englewood 's entire business community right now . Ms . Wolosyn noted tha1 this is a bigger community Wn JUSI Broadway and we don't even know what that business community 1s going 10 look like once 1hc subject of this public discussion ton ight and I.he rest of 1h1s dc\'clopment happens . I think we-need an advisory board 1hat i.; flexible and inclusive enough 10 address all of the issues I trunk we will be facin ~. So. she said. I would like 10 say that this is an enormous challenge and my \'Ole 10 dissolve EDDA is a commitment 10 this challenge . I am sony I ca.n't heal this rclauonship . J feel \'try frustrated between the Ciry and EDDA , she said. but I believe I can help lay the groundwork for wba1 I hope will be a more productive and prosperous future . between businesses and the City and staff. Mayor Burns said he would like to echo what Council Member Wolosyn said . He convncntcd that be , personally, has found this procrss 10 be rather painful. 1 have known these businesses in Englewood for a long time. be said, and I have shopped at 1~lr. Kaufman's store on niany occasions . As Mr. Kaufman knows. he said. I have brother who is six feet five inches tall and t •• ~ clothing I buy for him I buy from Kaufman·s Men's Store . We patronize many of the busine : . .scs on South Broadwa.)', be said. Mayor Bwm explamcd 1ha1 lb.is was a hurry up process because of the need 10 decide whelher 10 assess the mill levy or no1. fof EDDA . Bui . be pointed out. there 1s so much goodwill going for Engl ewood right now. He said that as l go aroun1.1 s ~•1ayor, and especu1lly wuh 1hc CityCcnter proJcct, which iw obtained national exposure. that where\'U I g" in the Denver community there ii an extremely posmvc feeling about Englcv,ood and what is going on in the City. I don ·1 want this 10 be a signal 1ha1 wr are suddenly ami• business and that is the risk we run by having 1his kind of acuon. But. he said, I feel very srrongly tiuu \ support businesses lnd J certainl y do . I would like to have this advisory comnunec. whctbu ii cvoh·es into a Business ImprO\'tmcnt Dis1rict or not, 10 expand the area in which we arc hel pmg businesses in the community. We have. after all. put four Jnd a half nul11nn dollars mto Broad\\';l)'. north of Hampden. this summer and ironically. :as I mcn1ioned before pubhd y. 1hc relauonship with EDDA seemed 10 get worse instead ofbcncr. Then: were ins1ances ofpa,•mg on the street that did no! occur precisely as we had ho~ and as far as timing is concerned . But. he s1a1cd . no mancr when you do 1ha1 you arc going 10 offend some busmcssts lftiH would rather be open during 1he week or the weekend. It ts :;i difficult process 10 go through what we thmk 1s. overall . a co ns1Jerable 1mprO\'Cmen110 the street I \'try mu ch. personally. look forv1ard to working w11h the businesses oa Broadw:iy m 1he future and 10 e.,pand our services 10 1hem :md also the businesses on Hamptien. which \''C ha\'cn·t p:a1c. 100 much ancntton to and try 10 dc\'tlop 1h1s rclauonship as we go aklng . I know 1hcrc are so me biner feelings. he said. I have talked to people a .. 11g Broadway the la s1 few days and we really hope tha1 thi s pamcular process will evo lve mto something better. We would like to g1\'t yo u th.it mess:agc . It wtll take a little lime . bu1 \\t reall y do want to \I.Ork with you further . Mayor Bums strcssc:d 1h1t there J re a lot of \'Cry gCX"J people on Broadwtt)' m these businesses that I haw known for :;i number of years and I don 't ques11on any 0(1h1..11 personal moU\'CS or any ofth1..ir actions that they h..:ive taken as for as their integrity is concerned . I bclic\'c in them. he saui. and I think we can continue to work with them. Enslewood Clly Council De«mb<r 18, 2000 •••• 20 11 11110 t ,,1) l1t.'ll/'j~f1 t lO~ MI 1-,;1.;rn 1 \I \I ,,1. J Mnyor Bums askrd if there were any other comments by Council. There were none. Voternults: Ayes : Council Mcmbc-rs 7\'Jbholz. Garren. Bradshaw, Wolosyn. Yurchick. Gnuulis. Bums Nnys : None Motion carried . Mayor Bums advised that the ordinance was :idop1ed on sec ond re3ding:. it will be published and it will be effeclh'e thiny di1 ys after publication . (c) Resolutions and Motions There were no additional resolutions or mo1ions submined for appro\·al. (Sec Agenda Item 10. Coo.sent Agenda .) I l. General Discussion (i) Mayor Bums said he would like to cong:rarulatc Safety Services on the • Chnsrmas Crusade, which will be this Thursday night This is a wondnful project. be said. where toys and other provisions are gi,·cn 10 families throughout the Englewood ar:. ~, Safety Services . 'fho:y have been • doing 1his for II number of years . Nancy Pc1crson. be noted. has worked a lot on this project and it has really become very success ful. (ii) Mayor Bums advised lha1 he did attend lhc Employee 's Chrisunas lunch last week.. on Friday. at the Golf Course . They estimated that approxima1cly 350 employees anended that lunchc,.,n and it was very successful. (iii) Mayor Bums said he also anended the \'e1ghborhood Watch Block Captain's Meeung . He noted that Nancy Peterson ancnded and as Sancy's had a very diffi cult year, a.s many of you know. we welcomed her back 10 the Block Captain ·s meeting . which was very successful. They had a hea\'Y attendance. he said . and once again we congratula1e Ms . Peterson for her work ano that of cvcryooe in Safety Services with regara 10 the 31 ock Ca ptam·s pror:ess . Mayor Bums pointed out that. as be understands ii, this is the most succe ,sful project of ilS kmd in the State. (iv) Mayor Bums wished e\·eryone Happy Holida ys and Merry ChriMmas . (v) Mayor Bums noted that 1he next Council meeting is January 8. 2001. (b) Counc il Member's Choice (i) Council Member Nabholz: I. She noted 11 was wonderfu l to ha\'e Nanc y Peferson bad: for the :'llcighborhood Wa1ch Block Cap1ain 's Meetmg . Ms . Pc1erson does a lot for our City. she said . 2. She wished everybod y a happy hohday season . (i1) Council Member Garren : • Eo1lewood Clly C•uncll December 11, 2000 P11e 21 11.,11110 > m) buo1,:.IJ11 I 01111: I-! l ,rim '.J 1(1 t:.. ,;1.11 I. He •dvised dull Council has a resolnrion Ibey need 10 consider, dealing with lhe ttaosf,r of lµods for a new facade program. [C! ~·, 001<: This i1em wos liSled as 12 (b) (i) on lhc Agenda.] Th,. · -.,o)ution was assigned a number and read by tide : RESOLUTION NO . 99, SERIES OF 2000 A RESOLUTION FOR A TRANSFER AND APPROPRIATION OF FUNDS FOR THE NEW FACADE PROGRAM. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO .\PPROVE RESOLUTION NO. ' , SERIES OF 2000 . Cout'lCil Member Vurchick stated there are some facade programs going on in EDDA now that are in the ;.,roposal stage and he would like to ensure that they arc carried forward in trus resolution. Mayor Burns asked if he meant specific projects . Mr. Yurchick said yes. that he did not have a lis1, but Connie Sanchez could µr..-,bably provide a list CoMie Sanchez advised that there arc about seven . Council Member Bradshaw opined that we must fund those, that there is no question about that. Mayor Bums said he agreed . • Council Member Yurchick ask~d if they needed to amend the resolution. • Council Member Ganen said we woulrt probably, if we can. transfer those fun ,!.; and we can do a supplemental resolution if we need one . City Anomc y Brotzman advi:icd that thi!. resolution actually an:icipatcs that staff will draw up policies and Council will have to approve those policies for the ocw fa;ade program That is anticipated by this resolution in the Wt whereas, he said. Council Member Garren said this resolution gets the money there and we will have policies 0,1 •. ow to distribute it and one of those policies will be to ..:ontinuc the facades that are currently in process . Ma yo1 Burns stated Council is indicating their intention to continue tho se facade projects and complete them after the mone y is trans1~ ncd. He noted they will do that by a separate resolution. City Manager Scan asked Mr . Simpson ifhe was familiar with the facaacs , so we can include them Director Simpson said he was no1 familiar with 1he seven. but he would work whh Ms . Sanchez to (',.t those identified . Co uncil Member Bradsha w stated that we need to get that information to Mr . Simpson . Council Member Yurchick said if1bue arc addi1ional mome s he would like 10 ensure !lull those arc put into the facade program. Because , he advi sed, the EDDA has .a si.:bstanual amount of money in 1hc bank right now , more lhar, enough 10 cover the exisung proJi:cts iltld he would Ii.kc to see the rest ofthar money go 1n10 1he facade program . Co uncil Member Bradshaw asked if l11e mone y could go into the Catalyst Program. She refened 10 the memo rhe y receiv er' 1nnigh1. Eqlewood Clry Council December 18, 2000 111( , ti Jtm ... ,,,1., of, I 1 drun ti P11e 22 Cou ncil Member Yurchick said he jwt wanted to ensure that it goes towards whit it was oriainally intended for when the taxes were collected . Council Member Gmzulis said tluat she agreed ,,i1h that. 1:l,.. l Mayor Bums opined that Council has indicated their approval oftlui : proposal and at this point we are only voting on the resolution 10 transfer the funds. Mayor Bums asked if there were any other questions or comments . There were none. Vole resulls: Ayes : Council Members Nabholz. Garren , Bradshaw, Wolo~yn. Yurchick, Grazulis. Bums Nays : None Motion carried. 2. Council Member Garren ad\'ued that when staff was making their presentation and Council's monitors were nn1 1he two 1:idics beside him could acrually read the printing on their monitor and his was moving . He said they might want to check on Oi:u. Cit~• Manager Sem advised that we have ordered monitors like Julie Grazulis has. He said he would find out from Rick Kahm later. exactly when those will arrive . Council Member Ga rrett said if they keep the ones they have. his might be defec tive. (iii) Counci l Member Bradshaw: I. She noted she just wanted to say congratu lations to our residents . I drove the City o,·er the weekend. she said, to see the Christmas lights and they really did a nice job, it \\ilS really, really nice. She was hopeful that Council would continue to encourage tluit. 2. She stated that this Council is not anti business . I jus t \\;mt 10 say that over a!ld over. she said . feel sad and I have had a few sleep less nights over the EDDA issue . I still think thal !:ODA serveU its purpo:..: and served it well. but. as Co•mcil Member Yurchick said. I think nr ,w is th e ;~r. .. ,c, hr. more indus1ve . Ms . Bradshaw said she hopes :,eop le understand !hat. 3. She wished C\'eryone a very Happy Holiday and a health y 11ew year (iv) Council Member Grazulis : I. She said. regarding the Christmas lights in Englewood. th.:y are outstanding. as far as the numbe rs thi s :·e:ir . Last night. she said. they took her mother-in-law around to take a look at the lights llDd they ended up going all over Denver and she finally said to ~hem tha1 thtre were more in Englewood. So they went back to Englewood just to look around . 2. She advised tha1 when Connie Sanchez said she was going out, and getting names on 1he petitions for businesses that wt"re still going to support the EDDA. there wa.:. bad business blood indicated in what some of the businesses actua ll y said about the City . She opined that~ need to actually address that and correct some of the bad business tone that th,.y fed about some of the things the City docs in their dn!ings. We need to clear that up and try 10 amend any bad fceline s. she said . l She wished everybody a Happy Holiday . (v) Council Member Yurcluck : • • • • • En1lewood City Council Dttember 18, 1000 Pas• 13 1 , n Jl•t 1 JJU(I &-1, 'I I. He s.iid. regarding the new bli&htcd arco, tha1 he s1ill has concerns as 10 what will hlppen when that is changed to residential. He 1,1,11ntcd 10 know if we arc going to be forcing businesses out or whal that impact is going to be , Director Simpson ad\'iscd that the y will gel Council additional information, but he 1old him th31. for purposes oflonigln . there is no ::mticipatcd reloc:uion ofany businesses or residences associated wi th this plan. Council Member Yurch1ck explained thAt p:in of his conccrri is ituu ifwc change the zoning and they arc gr:mdfathcrcd in, ttuu will limit them as to their o.bility 10 sell the business as an existing business or that type: of impact. He 35ked if that was true. Mr . Simpson ad,•i scd that the zoning is an item rhat is going to have 10 c.:omc before the PlaMing :md Zo nms Commission and City Council . He said it will go before Council later in the Spring . But I can assure you, he said, tha1 ii will receive a great deal of scrutiny . I can 't ,mswer that question right now, he said. beca use I am not exactly sure of it. but there are a variety of ways that it c3 n be addressed. It is our expecta1ion that the transit overlay district will be composed of mixed we. It will ha,·e residential uses ;md it will have business uses . He explained that it is anticipated that somr of those industrial uses that currently exist will not be pennined uses . No\' he added, bow the y are dealt with in a non-conforming capacity will be something we will have 10 deal wu h, they may be able to con tinue for a cenai.n period of time . We have really tried, he stated, to look 111 this from a very market driven standpoint so lhat there is !his minimal level of impact as poss ible . But there will oe some potential businesses, he said, tha1 are current ly existing , that may no! be as compatibl e with the new zoning as they could be . Co uncil Member Bradshaw noted she was watching people in the audience as Mr . Graha m was talking and she opin,:d that he gave a good explanation from a plaMing standpoint. bu1 she watched their eyes glaze over because he used planningcse instead of just speaking Enalish . And in furure meetings. she said. I would hope that everything is tramlated and understood, because I think that is where we have problems . She noted that same. people just don·1 understand 1erms such as nonconforming th ings and that is not fair , bee.. 1use 1hey ar~ frightened . Director Simpson s11id he appreci 11tes thal and they will attempt to work on that Ms . Brads wtw said we 111\'1tcd them 10 come ;md tell us what their concerns were and oow we need to get bad: to them . i\.-tr. Simpson stated they will work 10 address those concerns . I will also state, he said, that 1hese public hearing proce sses are difficult because they arc both leg11listic and opponunities for commenl and we ha,·e a very difficult path 10 balance . I hear exactly what you say, he said. and we will work to improve that communica1ion. Ms. Bradshaw said okay and she 1hanked him. Counci l Member Ywcbick asked that Council be notified wh en these issue s are coming up in front of Planning and Zoning . Director Simpson said yes, that th<"Y will give Counci l notice of when those will occur. 2. He wished e\'eryonc Happy Hol idays . (\'1) Council Member \Volosyn : 1. She wished C\'eryone Happ)' Holida ys and Happy ':'-/cw Year . 2. She adv ised 1hat she may nm be here on January 8. 20CI . Council Member Nabholz :1dn.scd that she re ce ived two calls Fnday complammg about ho \\ bad the water was . as we ll as the odor. She uid she wanted to .1.dd her name to 1h1• li st The wu1er a:,d odor were very bad on f nday. Saturda}' and Suuda y. I am buying bottled waler, :,he Gaid . My unders t:1nding w:1s that e\'erythmg wus su pposed 10 be up. she said. and I realize we ure at the end of the line . She risked if C\'erythmg 1s up ar.d runmng ·! En1lewuod City Council l>e<ember 18, 20-00 , ••• 24 lbn1m l • 1 J J101.>11:,(;iu t ono~ ~l ldm,.,•,U [1 ,,.1 Mayor l'ums said he thinks we have two problems . One is it is at the lowest flow of water during the year and srco, tdl y we arc at the end of the line . We can do C\'Crything in the world with that water tfflltment plant. but the lines become ii problem. Council Member Grazulis slated 1tu11 her waler was undrinhblc this weekend too and that was a flNI. In fact tonight we were gcniny suds and foam. she said. and my hu sband was going 10 come down and speak about thi s, but I told him I would bring it up . Ci1y Mamigcr Sc::irs noted th:11 Council did r:i ise thi s issue and we did talk lo Director J-onda internally about drat. Council Member ~ilbholz noted thc v did rccch·c a nic e memo frr •m Mr. Fonda . Mr. Scars advised that the 1 :ant is operating and we arc \'C 0 ry close to gct1ing a new source of water from Bear Creek that will be ~uer than the Platte. The Plane is just at its lowest level and that is what is creating the problem. We arc not flush ing lines at 1his poinl in time, he said , :ind in some ways that is good , because we arc not stirr ll ,J up the water, but right now we just don't ha\'C a source of water that we can really nut at the new plan1. I know that is really disappointing, he said. but I think that as soon as we are 11ble to access the water from Bear Creek you should have a no1iccable difference and improvement. He stated that may not happen L'nll i ne:<.t year. but we will keep monitoring that. The on ly other thing we can do is go to a more of an ozone system. wh ic h 1s a very . ve ry cxpcnsivt: process , he sa id. I think it is just something ~c will have to continue to moni to r :ind I think it will get better as the flows increase in the next couple of months . he said . Council Member Nabholz thanked Mr. Sc:trs . 13 . City Manacer's Report • (a) Cil)' Mana;;er Sean noted the SchooUCil)' meeting wu menw ,ed and he wanted to let • Counc il know that we have been trying to work with them m get this meeting 10.;tther so we can have a dinner. For some rcasori , he said, we just haven 't connc1 .; with their time and our time . He stated that, a) opposed to the diMcr, which we were planning for Feb1..iary, we will tty to schedule :t SchooVCity mecrinl!, in Janu:iry to talk about the parking issue . (b ) City Mana g~r Sears offered hi s congramlations to Council and noted that ~c reall y appreci:1 :"s 1he work of s1afT. Wr. wrrcn 'I in th is bu ilding a year ago , he said, ;md it h:1s be·:n an incrediblt year . We h:i vr acc ompli .;hed :i great de.ii throughoul thi s Ciry and we still have a ~or of challenges this next ye:ir . But, he uid. he Just wanted 10 say 1t has be-"-n :i great ye ar :md he knows the emplo ye es are very happ y with me work that is going on and we ha ve il number of reall y good emplo ye es. Mr . Scars offered his congrarulau ons and wi shed everyone a Happ y HohJ:i• Co un cil Member Grazulis said she jw.1 found o·:• 1n:1 Director Hank Long had applied for a S 10,000 .00 S1a1e granl for 1he Skerrin House. for :t stud y and. 'it \vO.'i approved . Ma yor Bum s said . as I recall. there was :t memo on tha1. Ms . Gra zuiis noted she rcce i\'td :in E-mail. 14 . City Allorncy's Reporc (a) Cit y Anome y Bro tz man said he had a reque st. He advised tha1 the Utilities Ocpartmen1 is mo vin g fo rward on pipin g the City Ou ch and we have run mlo the ci rcumstance wh-:re two propeny owners arc banlin g O\'Cr where. c:xacdy. the property li ne is . He stated that property line lies somewhere under the Cit y Ditch . This is between Dr. Bruno's property :ind the Community C:ires group home , he said , and we arc irying to work out a reso lut ion with his attorney :ts well as Lyncnc Saunders , the daughter • of the property owners on 1hc: opposite side . ~y co ncern is that wt ma y not do that and we want 10 ~t the di 1ch in. he s:t id, :ind so I wo uld ;uk for permi ssi on to brin g a Qu1e1 Title ac tion , if necessn ry , if we can ·1 work out :rn agree ment between th e parucs . •• • u,aie,,....s City CouacU Deceat.'>er 11, 2000 Pase 25 In ruponsc 10 Mayor Bums, Cily Anomey B:,,i,mao explaiocd 1h11 lhe Quiel Title ac1ion Is solely for lhe location of the City Ditch. He advistJ lt.at W\: ue DOI going to take any propertyi we are not goin& to rosolve !heir propeny line dispuie . Thal is between Dr. Bruno and Lynette Saundm 10 n,,olve 1h11 issue. We an, simply going lo iden1ify when, 1he Cily Di1ch has always been, Mr. BrolZmlll said . COUNCIL MDIBER BRADSHAW MOVED , AND IT WAS SECONDED, TO AUTHORIZE THE CITY A'ITOR.',EY TO IDENTIFY WHERE THE CITY DITCH HAS ALWAYS BEEN . Ayes : Council Members Nabholz. Garron, Bradshaw , Wolosyn. Yurchick, Gruulis, Bums ?\ays ; Nooe Monon carried. (b) Ciiy Anomey Brotzman wished overyone a Happy Holiday. IS . Adjouromeol MAYOR BURNS \IOVED TO ADJOURN The meeting adjourned a1 9:SS p.m ~lf.(A .