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Home My WebLink About1998-02-17 (Regular) Meeting Minutes• I. Cal lo Order INGL&WOOD CJTY ClDIIICIL INGLIWOOD, A&APAIIOI COllll'IY.COLOllAJIO Repiar8- r~11.- 1ooJ ,1n1n11 "", 1Qe1. f nun 1,,t ! 'I The regular 111Utin1 of the Eqlewood City Council was callod •adct by Mayor Bwm at 1:00 p.m. 2. hMcatiN The lnvocalloa,_ Bi..,. by Council Malber Nabbolz. 3. PINl&e II Allep ■ACt The Pledge a( Allogiar-"C WIS led by Mayor Bums . 4. Roll Clfl Abtcnt C:C-Cil Members~ 0..,. Gamn. e,.-, Habcniclll. Waggoner, Bums None • A quorwn was presen t. • 5. Minutes Also present Cicy Mauger Seats Cicy Atlomey Bl'lllllnln CicyCletkEWs Planning Communicy c......_ Stilt Di""2or Ellerly. "l'ublic Wat,s Director Simpson. Ncigllllwlw..d and Business 0..-ekJrment Director G,yglewicz. ,,,_,_ Ser.ices Englneering Manager Kal!m (a) COUN ::IL MEMBER WAGGONER MOVED. AND IT WAS SECONDrn, TO APPROVE THE MINUTES OF THE RE GULAR M EET'll(G OF FEBRUARY Z. 1"8. Ayes . Coo nc ol Memben Nabllotz. Gonctt. Bradshaw. flab', icht. Waggoner, Clapp, Bums Nays : None Motion carried . 6. Scheduled Vl1l1ors There were no scheduled visi1ors . 7. No .. 1ehedlllrd Vlsilors lftaiew-,1 Clly C01111Ci1 hllnwy 17, lffl .... 2 (1) Norwood McFarland &aid 11e-,1ec1 ,., .. how ho could get this thing straighlencd OUI wilh I.be Pol~ Deparunen~l bocltllm lbe Is not 111111111111)1 raulll 'Wilh all lhl• UlaSllllenl going on down ml his~·• plaa: al 2290 Vallejo S1rte1. He said lhcy do have some people who have moved in acrou Ute lllSI from bis bowc, bul lhe cops have been ID bis houlo, I M:Ck ago ;ince Sunday. Bui , he n01ed. when be wcnl bad< 10 Uw police Slation over hen:, Otis Friday put. 10 Ir)' 10 gel things straightened ou1 by I.be ollJcer, Ibey SWted harullng him 11 his molltcr's bomc,, BIil Otis cop would 001 lake any word from his mOlbcr, from him , and he lried to ICU him 10 get lhe hock ou1 oflhe station over hen:. down Lbc block and he OOlcd, COWICil knows when: 1h11 is BL But he said, he docsn 'I know whal lo :ell Council, lllal he has IIIOSC people ovcr hen: Iha! an: causing problems wilh him and calling lhe cops on him anrl he is not doing anydlin& 10 tltoe people. Mr. Mcfarland adviiod ho is worlting ~or • genl1cman, ho has a barber shop, but his fatber owns 1h11 house. bu1 be has found oul what the people an, cawing lhe problem and harassing Olhcr people on Lbcn:. But be staled, be is OOI doing anything 10 !hose people, be doolll 't even know who ,hose people an: in 1h11 house when be comes home from his job. So. he advised, 1his is lhe second time he has called Lbc cops and Ibey came lo his house and lried to ldl him lbal lhcy WIIIII DO part of ii. Because lhcsc people Ir)' 10 lell him 1h11 he is showing h,s finger 31 lhem . Mr . McFarland said he can 'I explain it Iha! he can 'I even go over 10 lhal space down 1hen: and talk 10 the Polico Department in the rigbl way 10 get Ibis thing clear ou1 of his system . He said he go11he paper 10 go 10 coun on Man:h 4~. He nOled wilh his condition, wilh his seizures, lhal be gets all wnr1'ed sp aboul this dain thing and he is gcning tin:d of it This is lhe second. since five ycan ago, when he """ kicked by anolher gentleman lhat lived down by his place . And lhey never did anything 10 1h11 person. he got away wilh this whole siruation. lie reitcntal he can 'I explain ii 10 Council. He said he knm,~ Al Slllnlcy no longer works for 1h11 dcpan.-. tut Chris OISOD bas takco his pllce and be wa all mixed up since last Friday . Mr. McFarland staled be didn't get lhe officer's name. bul lhal he w-.s dressed up in a tic and a sui1 and he gol real cocky over Lbcn:. He said he swears 10 God . llial he docsn'I know wha1 kind of officers we have. !hat you cannot lalk lo Lbc people in this world today. He can't IICOI the people and tell you 10 get out ol lllis station. 1h11 be doesn 't wan1 any pan of ii. Whal lhey arc hen: for and 1hcy arc getting paid by us . lhc iaxpaycrs and he docs OOl think ii is right whal lhey arc doing 10 us. He said he should file a complam1 against Lbc Police Department 10 gel lhis thing off his back. wilh these people do\\11 here harassed al 111111 Mr . Mcfarland maintained he docs not ever know what lhey look like. the~ arc in the house all the lime . ~ul lhey can look 0111 lhc window over Lbcn: ... and he docsn 'I need 10 look at them .. bul they call the cops on him again. Bu~ he said. he is hoping Council can talk 10 Lbc chief of police 10 find out wh 11 1his 15 all about He noted bis name and addllSS is oo the sign up sheet. bul 1here is no phone number. ·1e olfered 10 give 1.1,c clerk his business card. Or lie said lhey can conlael his mOlbcr and ask for him r nc can send Council a letlcr. Mayor Bums advis,J Mr . McFarland tha1 he can send Council a lc11cr and if be wanted to leave his card he can also do that Mr. Mcfarland said he knows. bu1 this life 1s t<:o shon 10 be fighting all of the time. So , be said, he docsn 't know what ii is aJI abo ut down there. he swr:.rs . He suncd he cannot C"\'en walk out of his mother 's house and 'Na ik down 10 the bus stop in the da)1ime 10 get his bus with all this haralling him. And Lbc cops come down 1hcrc and stan cawing him and giving lum 1111s ticket for him lo~ back lo aiwt. He nolcd he has lhe shee t right in his pocket . nght he n:. when he " supposed to come in . Mayor Burns advised he will have lO appear on that but 1f \\allied to wnt e a lcner. he can do that. and Council can refer that for a rcr-on !,om t11c police dcpanme111 Mr . Mcfarland said right. lhcrc arc no charges or anything, but this is what happcnerl ... thcy called Im mother on the ph one and .... hc said. he takes lhal back, 1ha1 they ca lled lhe Police Depanmenl and laid 111111 he took the bag against that dog up the.c . He said the dog had never been out in the ya rd ... that he doesn 't e\'en know who they arc . What happened was he got home al a quaner 10 five and the police dcpanment came 10 !us mother 's house around 6:30 last Sunday . Th ey came banging on his moth er's door and he didn 't kno,, who he was . He found oul he was an Englewood police officer, who told h11n \\h.11 he did 10 1ha1 dog, 1ha1 he hit that dog in the face . Mr . Mcfarland maintai ned that that dog was not e,·en m his )ard when he came home from 1hc shopping cenJer. He said "I swear 10 God 10 you. I an, not even lym1 10 you:· Bui this is the second time this is going on in his mother 's yard for the las ! fi\'e ,·e.1rs now Th ey ha \'e been down in that place 36 ye.1rs stani ng in September . But . he sai d, he is Just hoping they Jon ·1 have all 1111s • • • • • • ln&lewood Clly Couc:11 Pebnaary 17, lffl P111<J 1 •111111 '!,Ii l 1l041ff•,J.:,u ~~,. l (lo1U1tb·l '·,:,•"I problem willa Ibo pallet~~....,, all lhc Ume. Jlo lla!od llis q,olhm: Cilll'I l;lc !:IIR!'ing oul or her house, lluil Ibo -•bed .i .,....._ •~ a,bed;l!eltl Ulli hlr!,!Jcco in ~~ll!i,,; limes now by Ibo penmedk:a llae, by 1k ~ l'iro ~. ,Ii& .ad'151!'1 ho is livin& wilh her, but he i1 hopiagildoma'~lllppeaapia. DIiiie lllllr,ql 1ollae.pewl~,a111hc (root, up aroul!d the rro111 ,and they told him to pul it ill wrillag cir.-...... ~ and C1CPl,lia ii IO C9'1"Cil in penoq, Mayor Bum, told him 1h11 C<JUilcil JPProciala Ille rac, IJla ilJ, 1111 a>!11" and ii be ~ lq "1itc,a ICI\Cf,~~ ~Id fcqj free to do 1h11. Council Member llndll,aw CIICDIIRIIO'I Mr. Mcfarla~d IO leave his card . M:. Mcfarland said he wou!d leave bis cant, bul 1h11 he hope,.! ~ could do lllis for hie~ lhat he would apprecialc ii very IIIUC~ He llianked Council. ,, (b) Rollert D'I mia,, lwpa!Maaaprfor w ... Manag~men• Joe., advi,cd lhc)' have a facilily 81 2400 W• Union A-ill~ Ht noud IUl Co!u>c;il will coasid•r Council Bill No. 12 tonigh~ which would place some~ oa Union A\'CDUC and WCSI of Cl'O' ~=. as the ordinance is wrillcn . He said be would lih • c&r mme inpul oa lhat proposal ordinance, from Wast e MaMgemcnt's perspective . Mr. D'Amica •'ilod IMI ho l'Js bcCD lllc,llqioqal Mail4acr,bcrc ill Denver for about ten ycan and he is very familiar widi Ibo facilily . As a matlcr of fact , he said. one or hi • first assoc;alions with w ... MallaflCIIIClll dala la<& IO 1980 wlN;a tllal Cacilil)• was orjginally constmc!od . Obviously, he noced, their usc or Union Avmuc docs put truck 112ffic on that sci:tioq or Union Avenue, from Santa Fe Drive \0 Federal . He said be -id 1w. ·o clarify !heir operation for Co,ncil . He stated they aaually ba\'O two.....,,.. die u-~.fi¥:ili\Y 1 ~ l!lpe theiJu!UI'!<~.~ which consists or about IIIO >dliclcs, bul _, .... __ a lnl1ifcr facilil): al!\f a R:C)'Fliog racijity and he thought they have had lhc opportuoity ID ~ SQIDC of Council there in the p:u1. ln conoution with the transrec and n,cycle facilily thcy do aaxpt pllblic uulic, both at tbc transfer station and for people depositing lhcir ='Yclablcs for proa:ssing. Mc. D' Amie!) advitc<. " wen: in to talk to Gary Sears and Chuck Esterly last week about tbc proprad onlinaDcc and thcy discs.. ..:d some possible alternatives . He said they were cncouragcd to come ill aad...,. -input-thcy welcome the opponunil)' to do that. He staled they appra;iate thc cona:rm of Ibo n:siclcall oo Union Avenue. especially those residents that actually front Union Avenue . He adtnawlcdged there is a Joe of heavy uuck traffic on that stretch or Union Avenue. He said they have. in fact. raulCd all or their trucks from Union Avenue. cast \0 Santa Fe . They have instruclcd their heavy rootc truch. their refuse collection vehicles . to use th.1l route . Periodically thcy will have a uuck tllol .-in from Federal Bowcvard and they continue to pohc:c that within their own Occt because thcy arc scma6ve to this issue and. he said. 11¢ thought this issue h,15 been before Council before. What they arc primanly concerned about arc the restrictions that arc being currcnUy considctm. He advi6cd 111111 llleJ<otltiai: thcy arc muc:h too low. The averngc refuse vehicle weighs approxilJIIIOly JS,000 pcn,116 He.,. thcy think if Council "-ould focus on the type or vehicles that they really want \0 c.,cludc from that pcnioo of Union Avenue. that"" co uld end up with a solution that they could be comfonablc with. Mr. o ·Amico advised tllol thcy really do not want their heavy truck s Lravcrsing that area of Union A,cnuc any,iqy4 the)· n:alizc lhctc arc some safct)· issues thctc . There is a park just to the north of Union A\"cnuc tllcr.:. U is quite common to have children in the area . So it makes good business sense for them to k.ccp I.hei r 0\4'11 heavy refuse vehicles off that street. But . he noted. with the traffic they generate at both the tra:m.fer station and the ~·cling facility. i1 is co mmon for 1hcm to have vehicles in lhc 20,000 pound '31181' lbat arc 001 large truck s. noc whai you would Uunk or as refuse trucks . that utilize their facility . He .53.Jd ~ ha\'e a lot of traffi c I.hat co nsists of construction co ntra ct ors that bring their dcm :.lition debris into lhc: fl::ility . They also have stake bed trucks. roofing contra c1c.rs and the customers who usc the recycling facility. So. he said. they think a limit in the range or 20.000 pounds would be much more realistic. Mr D' Amia, advised that he just happened to sec the nrdrnance a few minutes before he came up. and the wa, u is CWTCntly written it appears to him that it would exclude virtually all vehicles other than a pickup md from using Union Avenu e bct,\ecn Cla y and Federal. He said he was not sure that was the intent of llaii; Council to do thaL He noted that a couple or other points he would like to make is Iha~ just having bcco at the facility on a wccltly bas is. it seems that since they started construction. or reconstruction. of~ Belleview/Santa Fe inlcrscction . they have had a lot more £11:tewood City Council rebn11ry 11, 1998 ••ae• tratllc 011 Unlof\ A-!hall they llad previously. He donuii~ed thll lie....,.,.. when 11111-■-lion is completed lhal -oftlle IJllllc that ii cunenOy Ulinl Unioft 11,-1rill p,d,-bly •-•S-ia Fe. So, he llid, he wo uld ..-lnge Council to Q)fllfder lhal INlley ll't ping IO pU 1h11 Nlriclia i■ plaoo. F" .J11 Ille bulinea standpoint It would be much mon wolllilblc lflboy MIMd ulllll 11m......, lntcnectlon II mpleted. He .. led he wo!'ld ■loo 1"geilt that Council lllighl MIil to COlllidcr a .... study lo dclcnruoc cxactly what lffl!IICI on dil'<i:tln9 Ille ll■lllc 10 the -will hive on lhc SaMa l'lr...., in1cncc,jon . That .non was r=nOy Improved, ,.;i)t..,,. lipillcant iMprovemetlll. u Ibey 111M' improved Santa Fe Drive. But, he noted. u,ey are Roin1 lo add t lol of traffic 10 that lni.noctlon. He advised lhcy an, concerned about some or Ille congcstion that cotdd develop lhcrc. that Ibey 111w - backups for the traffic UaJ,ts. He opined that a trall"ic study may, in fact . help Council make the ri:'lUI decision in terms of what level ofweighl rcstnctk,n., they WIIII to consider on Union Aven..,, He~ 11\0sc arc die primary commcnlS he .....,,ed 10 m.tkc ll>nighl and he uked that they considot them ....., lhcy dcUbcrale Council BiU No . 12. 8. Comrnnicatlffls, Pmd ■matl0111 and Appointmms (a) A loner from Amcmarie l.eonard indica1ing her resig .-.ation from the Englewood NIIJc Library Board was considered. COUNCll, MEMBER HABENICHT MOVED, AND rrwAS SECONDED, TO ACCEPT wnw REGR.ETTRE RESIGNATION OP AMEMARII LEONARD FROM THE ENGLEWOOD PUBLIC LIBRARY BOARD. Council Member Habenicht thanked Ms. Leonard for her service . Ayes : Council Members Nabholz. Garmt . Bradshaw. Haberric:hL Waggoner. Clapp. Bums Nays : None Motion carried . (b) A loller from Ed Soulliere indicating his resignation from Ilic Englewcod Urban Renewal Authority was considered . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO ACCEPT TI.'l: RESIGNATION OF ED SOULLO:RE FROM THE ENGLEWOOD URBAN RENEWAL AUTHORITY. Ayes : Council Members Nabhol,. Gam:11. Bradshaw. Habenicht. Waggoner. Clapp. Burns Na ys : None Motion carried . (c) A resolution appointing Carol Bell to the Englewood Urban Renewal Au1hori1y MS considered . The resolution was assigned a numt:M!r and read by title : RESOLUTION NO . 43 , SERIES OF 1998 A RESOLUTION APPOINTING CAROL BELT TO THE URBAN RENEW~ L AUTHORITY FOR TKE CITY OF ENGLEWOOD. COLORADO • • • • • • laalt1t ... CJ1Jc..cll re111,i1ry 11, ,,. P1aeS Ii lt•IIJ':) Otlboc:rH')I :t M,.-1 ,q ,., • .,,d I -,•1,,.11'. Ju -Jl 1H 1q MotJoncanicd. Mayor Bums~ !be raolution. a oc:rtificale and Cily pin to Ms. Belt . (d) A rcsohllion apr,,ointing Robcn Lindsey as a liaison 10 lhe Englewood Urban Renewal Aulhori1ywas-..S. The raollllioa ----1 aumbcr and road by lilJc : RESOLUTION NO. 44. SERIES OF 1991 A RESOL1111()1;1 Af'fOINllNG ROBERT LINDSEY AS A LWSON TO THE URBAN RENEW AL A' ITilORITY FOR llm CJY OF ENGLEWOOD. COLORADO COUNCIL IIDUEll WAGGONEll MOVED, AND IT WAS SEf,ONDED, TO APPROVE AGINDA ITDI I~-IIESOLUllON NO. 44, SERIES OF l9'.111 MotJoncanicd. A,cs: Council Members Nabbol7. Gam:11 , Bradshaw, Habcnichl, Waggoacr, Clapp, Bums Ma!"' Nooe Mayor Bums praaml Ille raolutioia, a cc,tificale and Cily pin to Mr. Lindsey . (e) A R5Dlaioll n:appoioting Robin Weddle IO lhe Englewood Urban RenC\,al Aulhoriry was considcrod. The rcsulutioa r.asassigccd a number and rtad by title : RESOLIJT10 N NO. 4.S , SERIES OF 1998 A RESOLUTION REAPPOL'ITING ROBIN WEDDLE TO THE URBAN RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO COUNCIL MDU.Ell WAGGO!O:R MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITDI, (c)-RESOLUTION NO. 4~. SERIES OF 1998 Motjon carried. Ayes: Council Member.; Nabhol z. Gam:11, Bradshaw . HaLcnichl , Waggoner . Clapp , Bums N.'.l)'S. None 9. Public:-, (a) ~~ Burns noted tru.s is a public l,caring 10 gal.her citizen input on South Sub1 oa n ·s Planned Uoi1 O..dopmca. amendmcnl for Cornerstone Park continued from JanlJal)· 19. 1998 . I HI Eaatewood City Council Febnaary 17, 1998 Pace6 1rJl1tt1-f 1rnl·1·l . '''" COUNCll, 111tlliah 'iiRAbSRA\v'!lfOVD, ~ rr WAS s'tebl«,a,; -ro o,n m 1 , w PUBLIC BIAJUNG ro GAfflEI_I Cl'IU.iiffflt/7bif sount19ntlnaurs~o UNl'J'll DEVELOPMENT AMENDMENT FOR CORl'li:RSTO. PARK. Ayes : Council Members Nabhoiz'. Ga=ri. B.--. H:tbenicht. W111101--'r. Clapp. Bwru Nays: None Motion carried and the public hearing opened . I t All lestlmony was given under oalh . Planning Communily CoordinalOr Still advir:d Iha! Ibis is a amtinJalion of a pul,lic bo:lring tha1 was continued from January 19, 1998, to consider an amcndmen1 to the l'lanaed l:levdqmKnt fer Comemonc Park . He S1 nlcd lhal at the time of lhc continuation in Janual'j there_,, te\ft BlllOS br.ought fof'l\-ard for consideration by the stair and Cooncil . He ,aid he would lilu: IO n:po,t IOOight lhat. fiom a land use standpoin~ those issues have been n:solved. Th: condition tho,, the Planning C:0-SSion placed upon lhc Planned Development has been incorporated inlo lhc park. That being that the...., part should be surrounded by a minimum six COOi high sccurily fence wilh a locking~ Addi!JIJmlly: the Planning Commission also made lhn:c n:commcndations for Council 's consideraliNt mtbisPlaancd Development amendment Those being pedestrian aa:css al lhe southeasl comer of the site at~ and Hicko"·· 10 consider lhc impob/s 1of vehicle headllghfs on 'tlie swrounclirlg nl{~ . ...,, Ibey an: i,n 'ihc'patbng ' areas and 10 mitigate those impacts. and consideration oflhc lighting',l/tbc pntiag""5 in the part.~ a lighting study, 10 mitigate the impacts on adjaccn1 properties. He ad\-isea that all al those issues ha,·e been taken can: of. Additionally, be stated. lhcn: was a r,qucst from Coancil thal daey R:\icw the 1993 lnlflic study to tlctcrmine if the proposed changes 10 the park would gcncratc addiliaml traffic and hence r,quin: modifications to the surrounding stnlCIS and parting ar:as . Mr . Stitt said lie bas a lcncr·fiom • Aldridge Transportation Consullants, which was submillcd 10 ltis office today. ad ,Ising tlw lhe R:\is,ons 10 the Planned Development do not signiflcantly impact the migir...i lrafflc study clmlc in 199 3. He advised he also has a memo from our Pubhc Works Dcpartmcr.: . ,,,1 con:urs ,.;th, !hose conclusions . So . he stated. from lhal standpoint. !hey believe lhc lral!ic issues havr lc,:cn r,s,,.,-cd. Mr Slin advised 1h21 ,f Council has any otltcr questions, pertaining to the land use aspect· of this Planned Oe\'clopment. he would be happy 10 answer tt,ose . Council Member Habenichl asked iftitis proposed change affects a•) change ,n :Ill!.' oflhc olher lis)lring in the development. Mr. Still said no. that Inc exiSling lighting "ill remain as-it is Ht advised that the concern that was expressed r1t the Planning Commission public hearing was that. due to the proXJmu~ of lhc proposed changes to the park. lhc skate park and lhc in-line hockey. lhcR: ;w:JSa>tl<%ffl thal the adjacen1 n:sidcn1ial properties might be impacted by the light So th·, Plal1rfog Cmnrmssion n:commended thal a lighting S1udy be undertaken 10 show wha1 lhe illunm,auoo level< would be off lhc site from those lights . He noted ifit would be loo greal l,~o illuminauon wouklbedwlgcd. either the lighlS reduced in in1ensi1y or 1he heigh! of the lights reduced . Bui. he ad\-ised. dlrc>tudy has shown tha1 lhe amount of li ght spilling off lhe si1c is negligible and shoold not impact ad.J3CC111 r?Sidenual properues . And, Council Member Habenicht said. the fact th at on 1hc cu rrent developmcnl tb:.rc is hght that 1s negatively impacting oth-:.1 residential propenics . iso't addressed 1n this planned ~tr Stitt said he was not sure he understood which light she was referring to. Ms Habemch1 SUI~ tha1 Council keep s gelling complaints aboul the ball fie ld<, for example . and the rcstdenual 3.TC35 m Engl°"ood tha1 ,re suffering from light pollution there. Mr. Stitt stated that the issue before the Plartlung Ccmmissi on "as the amendment 10 the southern portion of the park and it did not 1n,·ol,·c the sofltwl fiel ds on th e nonh side of BellC\icw. So. he said , lhe lighling Sludy did no1 address !hose paru;:ul:u 1SSUCS. • • • ........... c,11C-U ,......,17,1'91 .... ) '(Ii J b')(l n 11~1,rr ,,.1 .J111,;,: 1 ~ , Coaacil Member Clapp asked 1'1111 time liley close mi; pllk. "'Ir, Stin said he thoo'1!t it was 10:00 p.m . .... be ll0led, she m,ght WIii! to diRcl 1h11 quatlon to the South Sul>l!rban rcpNSCntatiV<I hue tonishl wa,,,rew,11 no1<d we previously made a n:c:ord ofnollres being published and so rorth and this is a coadaiod bcariu1, Mr. S"11 sald lbal is ri&ht. 0...0 Laraiz, Exc:c:utm Diroctor of South Subw1>:tn Parks and Recrc:ttion District. 663 I South University ~ pusad out an inlCflll\'Cffl1llntal agrocn,cnt 'l'hich was authorjzcd by 1heir board at the last pablic bearing. ThiJ agrccmcnl would al!ow Enr,lewoocl r.:sidcnts South Sub"l1'3n mtcs al the miniature 11,Xf cow,c and baiting cages at Comcrstor.e Park South Suhurban residents , in return, would get Eagb-ood resident rates at the swimnting pool Englewood is ~lanning 10 build near the )!omc L"'j'bcr •· Mr. Lorenz adviscd that we jointly agroc to have our stal':s worl< coupcrativcly to CRatc sufficient ,-lang for the foo'lh bell field they would like to t..llci. as~ as for the swinpning C0111PICX ihe Ci1y plullillg to build . In odditinn. he said. he has handed Council a lener whereby Sou1h Suburban is ..,.a,,gl• pay~SI.OOO,p,:r~fprCily~,to~111C1>toocParl<,t5j\was ,III= ,w,e , taX n,11s ,men II was acqui...l by Sq\jlll,S~ 1MS!I, ,s idaltificd earlier, be notid . he included a 1caor fiam their tralTic engineer, wluc~ he believes adclrcsscs tii~ concerns •hnt "~re raised by Counc;( fn 1k Jlft!"ious mocting. Mr. Lorcaz said hc "l'l!"' l\MU with thCSf,agrccmcnts Council will move quickl y. as ~ as possible, to approve their revised OWier plan for Cornerstone Park , so 1t,:y can collllruct in• liac: bocte)r and a ska&e board part. He stated he believes thal this cooperative agrccmcn1 between our 1wo ,.;ti,cs, wbca CDlcred into, will only benefit the citizens of boLb communities and I hat our dream of ;oinlly ~ a central par!< for all people of the area. regardless of which UL,ing cntily Ibey happen to li\'e ia. will be rcaliud. i. rr:spome to Mayor !3urus, City Attorney Br,•:unao advised that the 11ucrgovernmen1al agrcc,ncn1 \\ill came ;,ad to Couricil , in ordinana: Conn. at the next roccting. Mayor Bums noted. for the rccr<".i. they had a mecti•g. that he, Council Member Br.mhaw, Council Member Waggoocr ai!(l .aatr 1rA "'th some or South Su!nuban · s board member<. in an aucrnpt 10 work 0111 tbr questions we had about payment in Ueu of taxes and resident ra1cs . He opined it was; a \·~ry pmdacti\-c meeting and as r result there has been an exchange of letters since . and now !his ia:rgon:mmcntaJ agreement The id,}a being to work this out between our en1i1ics. by :1grccmc1u. and to UICM abad with South Suburban "s park. the skale par!< and al so somctlung Sou1h Suburban leis wa111ed f« JDIDC time. an extra ball ficJd, and we could have some extra parking . Mayor Bums co mment ed that be i5 ,uy pleased that we have been able to work on this as sur.ccssfully as he tlunks we have . nus ,~111 caar. back to Council. at the nc.~t meeting. in the fonn of au ordinance to adopt tl11s agreeme nt He pamted out that othc:-,..ouncil members can comment in the meantime . but he thinks '-"'C have the basis of an >gr<aDCDt here and franltl y he is very ple:ISC ' with ii. Mayor &urns advised Mr. Lorenz that they _..;aic his coop,:,-atio, and that of his 1-ooard members . Caancil Member Clapp asked what tinie thc.y close Comcr..tonc . Mr. Loren:: advised tliat their curfc\\ 111 the pub is 11 :00 p.m .. bul on the lighlcd ball fields lhcy lry lo finJSh lhe g.1mes by lll ·00 pm. to allow peopk to leave . He nolcd ii is the same with the miniature golf cou rse . they tr)' to close 1ha1 down about I OOO p.m. Tbcrc were no (urthcr questions and tl1crc was no one c:lse present to speak to tl1c issue. COUNC.lL MEMBER WAGGONER MOVED, AND IT WA.~ SECONDED , TO CLOSE THE PVIUC HEARL"IG TO GATHER CITIZEN INPUT ON SOUTH SU BURBAN'S PLANNED UNIT DCVELOPMlNT AMENDMENT FOR CORNERSTONE PARK. Ayes : Council Members Nabho lz. Garrell Bradshaw, Habenicht , leste,,ea,ICltyC-.CII Febl'VII')' 17, 19'1 , .•. Wagoner, Clapp, e..- Nays: None Madon carried and Ibo public hcarin,& clOICld. ""idJ:~llll I II t .. 1 IQli crlJ l;.g11 1 ll Jd /J1 M 1U) t.,11.,,I JrrJ May<>r But111 advilcd that the matter will come baclt ID C-. fi,r their vote. II the next meeting, boll, the intergovernmental agreement !Ind the PUD . Council Member Wag~oncr said he assumed. repnling the _,..,.'CfflfflCntal agreemen~ that Council will reocivc • recommendation from stat[ City Manager Sms advised that that is corTCCI . (a) Approval ofOrdilWICCS OD FIBI Radilla COUl'!Cll, MEMBER RABEl'l1CHT MOVED, AND rr WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I) ud (Ii) ON PDIS1'JIEADll'IG. (I) COUNCIL BILL NO. B, IN'T1tODUC1!D BY COUI\CIL MEMBER HABENICHT A BILL FOR AN ORDINANCE APPROVIHG SUl'Pl.e.4ENT NO . I J6TO THE SOlJT'HGA TE SANITATION DISTRJCT CONNECTOR"; AGREEMENrfOR THE INCLUSION OF LAND W111ill•' THE DISTRJCT BOUNDARIES . (ii) COUNCIL Bll.L NO . 11. fNTnOOUCED BY co~cn. MEMBER HABENICIIT A BILL FOR AN ORDINANCE AMENDING TITI.E 12. OIAP'lcRS IB AND 2. CF THE ENGLEWOOD MUNICIPAL CODE 19!5 PERTAINING "ro'Rl!IMBURSEMENT rOR WATER AND SEWER MAIN EXTENSIONS . Vote results: Ayes : Council Members t.:.bllalz.. Garren . Bradshaw. Habeni cht . Wag&oncr. Cbpp. Burns Nays: None Motion carried . (b) Approval of Ordinances on Second Radm!!; COUNCIL MEMIIER HA9ENICHT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I) ud (II) ON SECOND READING. (i) ORDINANCE NO. 16. SERJES OF 1998 (CO UNCI L BILL NO I. iNTRODU CE D BY COUNCIL '-'IEMBER BRAO SHA AN ORDINANCE AMENDING TITI.E 16. CHAP'~~. SECTION 17. OF THE ENGLEWOOD MUNICIPAL CODE 1985 BY REf'EALI NG TITLE 16--1-r-AND ENACTING A NEW TITLE 16. CHAPTER 4, SECTION 17, ENTITI.ED FE NCES . W,U l..S AND VISUAL BARRIERS (i i) ORDINANCE NO . 17. SERIES OF 1998 (COUNCIL BILL NO 9. INTRODUC ED liY C0UNC IL MEMBER NABHO LZ) • • • • 1a"'""41Ck)'C011acll FellP11ry 17, 19'1 .... , II ,UII• , h'lllUt ') '(Ii) tiuu,,, u i l'"l'I t'I r-u:1114 '-I Ht ' 11tf AN f\RDINANC E Alll'HOJUZING 1llE LEASE Of A PORTION Of A BUILOifljO LOCATED f. T 29CrJ SOlTTH BIIOADWAY BY 11:IE CITY OF. ENGLEWOOD . VOleraalU: Motion carried. Ayes: Cowlcil Mcmben Nabholz, Gnrreet • .Bradsbaw. Habenich~ Wauo,,eri Clapp, Bums Nays: None (c) R ""'h!lions and Motions There wore no additional resolutioM or motions submillcd for approval . (Sec Agenda Item I I (c) - R,gullr Agenda.) 11. ac...,,A&e-4a (a) Approval of Onlillana:I on liinl Reading (i) Director Esterly presented a recommendation from the DepanmcDI oi Public "1om to adopl a bill for an ordinana: revising truck route designation on West Union Avenue. He advised lllll the imcllt of the pl1lp09Cd ordinana: is to override the uallic cngiaccr aad remo,,c the truck route dcsipaaioa from a ponion of West Union Avenue only. As wriucn. the ordiaanc:e leave,; the restriction ol'lnltlt weights to the diacretion of the tnllic eagiacer. Mr. Esterly advised that they arc asking that c-il appnwc I.be ordinance on fim rading and ICt a public hearing for Mud, 16. ~99H . The City Cieri<""' asked to read Counci l Bill No. i2 by title : COUNCIL BILL NO. 12, INTRODUCED BY COUN CU.. MEMBER BRAD SHAW A BILL FOR AN ORDINANCE REMOVING THAT PORTION Of UNIO N A VE NUE FROM f EDERAL BOULEY ARD TO CLAY STREET FROM 1l!E DESIGNATION Of A TR UCK RO UTE IN 1l!E CITY Of' ENGLEWOOD . COLORADO . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED . TO APPROVE AGENDA ITEM 11 (J ) (i) • COUNCIL BILL NO . 12 ON FIRST READING AND TO SET A PUBLIC IILUING TO GATHER CITIZEN INPUT ON REVISING THE TRUCK ROUTE DESIGNATIO N ON WEST UNION AVENUE FOR MARCH 16, 1998 AT 7:J0 P.M. Ayes : Council Members Nabhol z. Garren . Bradshaw . Habeni cht. Waggoner. Clapp. Burns Nays: None Motion carried. (b) Approva l of Ord in.,n ccs on Second Readi ng Then: wcr ; no additional items su bmi tted fo r appr1.1vaJ on seco nd readin g. (Sec Agcnd.1 Item 10 (b)• Conse nt Agenda ) (c) Reso lutions and Motions E■alewoocl Cliy COll■dl re11 ... ary 17, lffl Page 10 Ii moo ) ,, ~..,.,J:tnl H U ,•1 ,i, 1nll,'I P•, .. 1."i (I) Dir<dOr Simpooa ~ • rccommeadation from thc Neighborhood and Busi.-0..0~ ~ lO adapl ■---ippiorias an Encnliduncnt ~~ ft,;• retaining wall a, 4096 Soulll Cbaollcc. He....,.._ tbil ii an appeal ban E~ A'sn,trncnt an:! that Encroachment Agrcem<llll. for the Cily al'Eaglcwood. an: typically administrative apecmcnts that allow for use of public ript.of-way for a-,, of things. ,uch as signs or walls or fences. 1bay arc required 10 meet oortai■ crierta lloblo UleJ-.-.S and llley an: roquiRd 10 be review<d by lhc Director of Public Works and the Dlru:tor uf---bood .ad~ Development In this particular case, he said, this Encroacluneot Agr<elDClll -going through the system and it was not approved because the wall was oot in the comet loaiioa. It ..-as denied by the Director of Public Works. He advised lhal Ms. s--. the appli<ant for i. ~hmcnt AgrccmcnL was in attenda11cc 1onigh1. if they would like to speak with her. Mr. Simpla explained that bcaoUIO dus is an appeal thcrc is no staff recommendation and stall" is ad<ing rcsollllioa .from Council . Mayor Bums asked aboot the stalu! of IIOOCC ~ ,;.iation. Mr. Simpson said I hat Ms . Swanson wu before 1hc court and received noli<:c lO proceed to cam:ct the violation . This rcqUCS1 for appeal is her auempt 10 not do that He explained thal the,.__,. i5ihal a ,.-.JI was builL directly adjacent to the sidewalk . We require thal those walls be built one fOCll i..:t from tbc sidewalk. He noted thal . a, Ccuncil mighl have read mm tbc background. there were a IOrisd difflc■Jt ci101nuw.:a dlal lead up 10 this and this particular agreement does oot IIICCI the criteria. Ms. Swanson has chosen to pursue this rou,c and she is scckins dircclion from Council. I Council Member Brad.shaw aed about._......., bebiad die wall bciJlg ooc fool off cf the sid.=•llt. Mr. Simpson advised she pcGl,obly DOltls ID diila:I tbal question to Public Works. He noted he though! everyone was in a1tcndancc toaiglll to--ofCooncil's questions. He commented tJw. from a Neighborhood and Businca OevcJapaml _.,..,._ lllcy cb'dn'1 ,cc sipllicaM problems. But, h• &aid. he though! ii was a safety issue from a Palllic arts standpoint more than anything . Director Esterly sai I he could address it IO :smme c:xtenL but in fact it is a City Council ordin.. '1cc 1hat requires the one foot . Part of the ratioaale, IIE-ad>uctl. and particularly in a locallon like this where lhe sidewalk is very narrow. is that it doesn 't allaa• you to actually utilize thc full width of the s,~ ,walk . If you arc righl up against thc wall as )'OU -..ating down the sidewalk. )-Our arms and shoul .lers c.,n ·1 negotiate the sid,walk . Mr. Esterly~-dlat it is a significanl encroachme nl on the ,se of ~,e facility and ii is already a relatively narrow 511%1>-.Ik al 1his location. too. Council Member Bradshaw commen1ed tJiat ii is cxccpuonally narrow in diar one pan . Mr. Ester ly no1cd 11 1s no 1 excep1ionally narrow , that actually there are other IOClliam,;.arou.od this an::a where cncroachincnts like this have cilhcr been allowed or just occurred without a permit-..! then: has been no enlorttmcnl action Liken and they arc typically on sidewalkJ that arc wider•-• one. In response lo Council Member Bradshaw. Director Esterly advis<d that this is lwo •daalffm. Mayor Burns commented that one of the n..'11:S sa~7S that Neighborhood and Busmcss Dc-\clopmcnl slaff reviewed the Encroachment Agreement and ~ u \\111 have no negative impact on the neighborhood, and it witl not adversely affect adjacent propc~•-He asked cxa1..1ly what docs that mean Again. D1rcc1or Simpson said. lhcir criteria is fairly lim ited ...md be thought Publ ic Works re\ 1c,\'S 11 mos t!~ fr om th e dis1ancc and location . He advised thaL f.01m meir" mndpoint. their Encroachment Ag ree.me-ms arc rcnll~ not defined al l that well and when they look:at Enc:roachme nl Agrccmenls thc:i \\:J OI 10 make sure 1ha1 generally I.h ey arc revocable if 1hcy need to f:ie and 1ha1 they don '1 impair de\'cl opmem or adJacc nt propenjes, He :1dvised that th is one does aotl He added 1hat lhey try 10 make sure the~ don 't create s11uations fo r the City that can't be rcsol \"ed Jll a lat er dale . Mr. Si mpson staled that . from 1hc1r standpoint . this doesn 't seem 10 have a ncg.D\'C lDlpact on the communi~· ... from their standpoint . He slated that is why this is before Council bc::a:usc 11 takes two to make that dec ision and they are 1101 111 agreement . He noted that is okay. • • • • laakwOIIII Clcy Coucll fellNII')' 17, 199 J Pqe II II Council Me1-i,cr 1y,..ncr _, C\'Cn when a wall is oncfl"'t behind, it then wt't,~ n:quircmcn1 I.bat ii be sloped oac liJol back away from thc Sdlowallt . Diroctor Eslcrly advised thaj siJ!CC ~ 'fC dow& ao cncroachll""I! pcrmlt tllcae an: sort ot ll!CCIJ!lona and thq, i\11' done ~n a case by case buos. In some .- tl>cy arc llopiq back and in other cases tl>cy an: very '!hoq, walls. lie commented that a two Uld balf b,c lldcwalk may be okay for an able bodied person lo walk d.iwpJ bcrc, but you act into a sinwion when: somebcoo!Y ii llyiDg 10 manipulate a wheelchair and Slay on thc ~idewalk, with elbows out ... il just ilocSD '1 give ony room for a person like thal lo make use of the sidewalk . Council Member Habenicht asked if the neighbors have becu contacted. if there has been any conccmo in the neighborhood about lhis ... pro or con . Dircaor Simpson said nol that tl>cy arc aware of. Mayor Burns noted that lhc way this agreement rcad.s it is revocable al will by lhc City . Director Simpson explained that all l!ncroachmcnl Agncmcnts arc revocable at will . because of thc fad that ~ is use of public righl-of-way ... iffor some reason we need to take that space back . In other words. Council Member Habenicht said, ifwc approve this we would be appro,ing that we coald also unapprovc it whcacvcr we wanlcd to . Dircaor Simpson advised that is correct. that one of the things that con.:s with thil .. .io this particular casc ... lhat he lhqughL in the next few years. we would be scclting lo widen Iha& panicular stree • Ht asked Oircaor l!slcrly if that was corr<eL Mr. Estcrl) said that hc doesn't btn-c tbal infonnalion in Cront othim. But basically, he advised. U,c concept of just lclting thc,n do ii and revokina it lalct on, is difficult because at this point in time, by granting the aiaoachmcnt P".rmJI you arc encouraging lhcm to expend a significant amount of money on crc,,ti.ng a suucrurc. To undo that later on. he noted. you arc asking them to remove the structure . which they paid to put up. which they would again pay to take down. He pointed out that ii is a linlc different ,r \\C were talking about Paul 's Rcstaur.wt and he wants to have an cncnacluncnt that allows him to put up an a,ming OUl m the SlrcCI. The oost fur him 10 rcmovc that awning is negligible . BuL he commented, in this case )OU have a wall that is running the entire lateral length of the stra:t. Council Mcrobcr Habenicht asked i[ it is true thal ii is already then:. Director Esterly a<hiscd it IS UDdct construction . C"Juncil Member Waggoner no1cd it is not completed . Mr . Esterly stated there 1s a pomotll of it there. He advised thq, have been ordcrcd to stop work on it. Council Member Nabbolz asked if tl1crc arc ani· othc: retainin g walls in the neigh bo rh ood Similar to that. Director Esterly said yes there arc . Co uncil Member Bradshaw qucsli tlncd if they arc within that one fool. D1rcc 1or Estc rl) sta ted thal lhc retai ning ... 1111s they have seen have had a different widU1 of sidewalk in place at those locauo ns and tc iw. knowledge no one has researched whether Uici· have arc pcrmilled or 1101. TI 1cy arc ph) si cally U,crc. Council Member Waggoner said \\ith a wider sidewalk. Mr . Esterl y staled that the otl1cr locations arc with "i dcr sidewalks. Council Member Habenicht asked how much ofit 1s aJrcad,· constrnc 1cd . D11cc1o r Esterl,· sa.id he dr,es aa. k.now. 1ha1 he hasn 't been oul there recently to tour th e snc: He suggested th at perha ps the propcrt), Q\11,Dt:J cou.Jd anrn·cr those questions. Council was advised tha t 20% has alrc:ld)' beer, co nstru cted . Council Member Waggoner noted tliat is not much . Council Member Bradshaw asl-. .:d, hypo1hc1Jca ll y. 1f we \\ere 10 ask til e people 10 rc mm ... I.he \\all that 15 constructed. would they be advised as to the possi ble width ofth.11 -::reel, so they would onl~ h.a\C lO dclil wi th thi s once . She asked if stall' wo uld tell them . If 1herc ,~ere ;,lans in the works to change llus stra1 • some ho w. Ms . Bradshaw said. she doesn't want them 10 ha \'c 10 bui ld the wa ll twi ce Direclor ES1crt~ 111 ......... Chye.-ll Pebniary 17, "" Paae 12 h 111 ) ,ij'_) t,or,tr>IJn.1 itl'PI , l unr,rt.·,il ,, '"t'f SCAied if tbcre MR pi.. ia lllo -1iJ to widea the lll<CI. Rl')rc IJ'Pically ": would wind up being in lhe widenln1 ~ --Ms. llndshaw aid what {nl, is 11')'i,g to ay is, lfthe wall ls co11S1ruded. wilhln Lheae ndel 11111 -a.e 11ae:would lhe City l:or,oe back In flV1! >'=" nnd asJi: them 10 knock lhe wall down, lrecas otdoo-impnMmc1,t Dln:c1or l!slerly 1,1:11ed ~ o.'lll1o1 1er )er a1 lhl, poin1 In lime. He aid lie ,._'I lldlcw 11111 ma,r is scllediiled lbr 311 lmprovefllCri' in d,e next ftve years. Council~~ lllled about Ilk! next ten years. Mr. P.sieriy advised they do a Five Vear Plan . Thell, Coulicil Malller IWollolz said. it is not in the Five Vear Plan . Mr. l'!sterly said ii is nol in the Five Year Plan for an illlpnn Mayor , ums IIOllld tllat lieu a Unlc conl\Jscd by looking al it. exactly where lhe encroachmenl is. COUDCil Member w.....-indicalal it is all die way next lo the sidewalk . Mayor Burns asked if ii is nil along the wall. Council Mamba-Clapp advised tha1 she drove by this today and it was hard 10 sec 1he front of it. but she a.Id.., die side of ii on Oxford. On Oxford. she noted, you have the ne..'Cr. wider sideMJk and then oa Ille fmnl yoa have the \'Cl)' narrow . So on the bt'oicst pnn of the wal ' way you do have plenty of room. Tlooea. die aid. ii appeared 10 her thal ii nanows in tho front of the propcny. Mayor Bums asted llo,r lip Ibey plan lo go. He "1lS advised ii will be 30 inches . Counc:il Member Hamdl tlid dial if is 20% a,mpleled. whal would be the prnlJlem for anybody who is involved ID 1lli5 projoa. D g,am the encroachment for just the pan they ha\-c completed . Director Simpson adYla (kJ ca'I; because it is the foundation that is 20% a,mplete and in order to get oorra:ted it would have to be.-i.t: one fool. Ms. Habenich1 said then ii is the cncroachmeni pan tl1:11 is complete. Mr. Slmpma-dial is right. Directing her qoestioll 10 !lrrilr. 2slerty, Council Member Brads1'.iw wanted to know if they asked this resident to comply 1ril!I l:k bers from Public Works, wou ':i they be coming back to 1his person in 1he future and asking ~ ID t:lb the wai l down . Dir<Ctor Esierly advised lhey could. 1ha1 1ha1 is p.m of tl1e Encroachment Ag:recalall. dial we a,uld come back to them i.fwc warned to make any impro\'cmcnt 10 lhe street wbatsoc-,u, :md a dleir 0051 lhey would n:move lhc wall. He ru1ed 1ha1 is true of any Encroachment Agm,m,cnt !Ila! .. -. approve. Council Member Bradshaw !hanked him for 1hc answer. Council Member Gamu asked. if Lbcy buill it one fool back from the sidewalk. lhey move the wall back and the City lhca widens 1k 5lltd and the wall needs 10 be n:mo,·ed. would 1ha1 be Lloe Ci1y·s cos 1. Director Simpson said no. Mr. Garrett said i1 is not encroaching . Mr . Simpson cxpl:1incd that they an: meeting the crileria oC !he Eaicroachmenl Agn:emenl , ii is still "i1hin 1he public righl-of-way . So, CounciJ Member B~"'' said. either w:1y , 1f they con1in!.lc ro build th e w:ill . 1hcy still miglu have to tear it down and iftheyfmlbw our rules 1hcy n12y have to 1c..1r it down Directo r Simpson said potentially Director Esterly advised~-could. that we could require either one to be taken down He commented th.it he thought we ha\~ sogc prcc:ak:nt in the pa5t. where we might assu me some re'q'O ns ibility for rcconstmcting that ifil was.pan ofa lari;c widening project . But we arc not required to do thnt . Cou ncil Member Habc:ruc:m: -uted if this foot ·were not an issue . if !hi s would be an improveme n1 or wo uld it be something that "-oald fx an eyesore. Director Simpso n ad,i scd that 1ha1 is where he ca me in to the siluali on. Cuuncii Member Bradshaw asked tlial he lell lhem . Mr. Simpson s1a1ed 1ha1 he would tell Councll tJ1at he thinks n bccnmes an improvement . aestheticall y it is 3n improvement. But . Council Member Waggoner pointed out. it is difficult ro, people 10 walk on a two foot cig t11 ,,~ilk wuh a wall ri ght beside tbc-bac:k \Jfthc sidewa lk Yes . Counc il Membe r Bradshaw s.1i d. :md 111s d1fficu ll for kids 10 ride bicycles dum LS a amccm. • • • • l■afewood City Council JIIIN■ry 17, lffl , • .., 13 Council Member Clapp said that ihc wanted to get some clariflc:auotl< SM ■111111 _ _.. lalbd about widening lhe stn:cU and those possibilities. but she wondered about s,dc,nlks. SK..,. if there arc any plans to widen Illa sidcwallt. Qircctor,Ettcrly advilcd lhat we do /IOI-hove•.,,..,.. ill ,._Ill~ the City Iha\ would ruutiacly wiclca ~dcwa&._ If"" wcn: wideni111 Ibis-. be...._• Wolild Ill> to a different sidewalk soction, pn,bably, irwc had enough /igh&-of-way . Ii Council Member Habcllidlt askod if then: isn '11 bike lane IOIIICWbcrc then, Oft Odiml. CouciJ Member Waggoner noted lhal tricycles don't usually ride in bike lanes. Ms. Habenicht quesaioncd bow we ca,i aa:ommodale lhcsc little kids . I The resolution was assigned a nwabcr and read by title : RESOLtmON NO . 46, SERIES OF 1998 A RESOLtmON AUTHORIZING AN ENCROACHMENT INTO 1lfE CITY OF ENGLEWOOD 'S RIGHT-OF-WAY FOR A RETAINING WALL AT 4096 SOUTil CHEROKEE STR&.1 COUNCIL I\UMBER BABENIC,IJT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA rr · -~ 11 (c) (I)· USOLUTION NO. "6, SEltlES Of 19'1. Aya: C<!uacil Members Nabholz. Garren, Bradslaawc Habc!lllChl. Clapp. Bums Nays : Council Member Waggoocr Motior · ried. (ii) Dirce1or Gryglcwicz prcscn1cd a rccommcndauon from die Dcpanmen1 of Fina,•.ial Services adopt a rcsolu1ion dcdaring lhc intent of the Ci~ ofE.ngJewoo,ho rci1obwsc itsclfwitl1 1-,veccds of a future borrowing for cap ii.. oudays al lhe Sal ct~· Sc" =s a,mlJIWUCllion ocnur. He explained lhal this resolution declares •he inlCIU of lhe Ci1y of Engle"ood 10 reisnblmc itself for lhe costs lhal arc currently be ing expended on Lie communication system . a1 the ncwl) COf1SlRl:ll:d a,uunwucatinn center. Nonnally when we construct a capital project. he said. we bonow the ~ firsl and then construct. He adviicd lhat wha1 we arc doing is having the software aud hardware Utstallcd and pa)ing it in in crements. At the end of lha1 we would borrow lhe funds 10 rcimbw>c lhc City. Mayor Bums asked aboul the status of lhis project. as he thought it was suppose IO be opcrat.ional in March . Dirccio r Gryglcwicz advised lhal is shou ld be completed by lhc end of tlus summer . Mayor Bums commented it was last fall, lhcn it was Man:h and now ii is ,11 the end of Lbc~. Mr. Gryglcwicz said he can 't answer the qUCilions on lhc complexity of this project. belt basically all of lhe software i, being developed , all the data is being convened. ii is all ,llSIDOl sofiw=. 11 all has 10 be 1cs1cd and people need to be trained . That., he advised. is the reason wh~ n 1s tak.mg .so IIOng to get 11 up and nmning and make sure its is 100% before ii goes on-line . He staled th:u at the end ,of 1.hc process the Cit) will probably issue , basically . a lease purchase agrccmcm on 1l11s equipment City Manager S.!a rs staled th ey can give Council a stalus report bccu.sc .u has bccl:I g:ouag on a wlulc . BuL. he said, com munication sy stems arc really complex to transfe r He n:11cnlCd ~ shou.ld gi\c Council an upd;ucd rcpon on that. Council Member Nabholz said that she would apprccia1c tha1 . that sh e sencd oa has n't heard abou t it in a while . The resolution ·,t'as assigned a number and read by title : Task Force and she ~CltyC-U ,.....,, 17, 1'911 ,.H llE50UJT!ON NO, 47, SEitlES OF 1998 lbnun') (ld b OO N"ll nl KP('t ,t"I { 11and1 if ll ,~a'I A lll!:IOLU110N OF 1111! CITY OP l!NOLl!WOOD, COLORADO Dl!CLARINO ITS OPFlCIAL INTl!NTTO Rl!IMBIJJISI! ITSl!LF Wl1ll 'l1fE PROCl!l!DS OP A PUTIJPI! TAXABLE OR TAX • EXEMPT BORROWING FO:t CERTAIN CAPITAL l!XPENDmJRES TO Bii UNDl!RT AKEN BY 'JHE'OITY; IDl!NTIFYING SAID CAPITAL EXPE!NDITURES AND 1llE FUNDS TO BE USED FOR SU01 PA YMl!NT; AND PllOVIDING FOR CERTAIN O1l!ER MATTERS IN CONNEcnON lllEJl£wmt CO~ MEMBER BRADSHAW MOVED, .',ND IT WAS SECONDED, TO APPROVE AGEOIA ITEM 11 (<) Oi) • RESOLUTION NO. 47, SERIES OF 1'911. -canied. Ayes : Council Members Nabholz, Qam,1~ Bradshaw. Habenichl , Waggoner. Clapp, Bums Nays : None ~ili) Director Gryglewicz pn:sented a r<eommendation from the Department or rramo::ial Setvica ll, adl\pt a raolution approving a suppiclnental appropH(tioH &11d tran~er of funds Cram""' Capital Projcc1s Fuad and Genend Fund 10 the E/1gtewoodlEnvironlnentll Foundation. 'Inc. He ..-ia., ICIDllly, t1,c f1lnds for this project will be transft!rral in whole from the unreserved. 11 I ·c +altll funds in the General Fund. 10 the Englewood l!nvlronn\ental Foundation. inc . in the amount al SliZS,000. Earlier this evening. he noted. Council met with the potential architect and lhcse monies _.i..t l,e transferred there as needed. He Staled they will ROI be transfe!Ted all at once. they will be lllU>dionm as they are rxaled in the Foundation . Maym-Bums noccd they did have a pn:sentation by Mr. Tl}i,a and he fouM, it qui te impressive . He opiDl:r:I thal we have to handle our monies carefully and wc had many questions for them as far as their dutia::a:n: amc:cmed. But. he said, he thou g:1 1 it was a favorable resolution. that wr need to move ahead oa thre Foley's building. Coamiil Member Gam:11 noccd ii is a two step process. wher,, wc are going to have a JO 10 Jl day e,'2iuao.um for ao hourly rate and if that is successful and we move forward . then we wall have another piece. And this is like one group of monies. as opposed to ~wo pieces of monies. which , he s1a1cd. is 1he pan he docs!l'I understand . Ciry ilibDagcr Scan noted that Mr. Rick Kahm can probabl y revie,v thal . Bui. he said. an essence we arc JlfOIJClling Uw the mooey be given 10 the Foundation with the intention of hirin g T1)'ba as the architect. A..d. lie explained , lhat covered within that $625 ,000. is the initial phase of this. a JO day review of the tcasibil!iry of the project. He asked Mr . Kahm 10 talk about that in a lillle bit more detail and what thnl cn&ria Engw=:ring Manager Kahm advised tha11he firsl phase is a rcasibility phase and Da vid Tl)·b.1 tai i<ed about. a:bis C'\-cning at Study Session. looking at the building and lookin g at the mechanical nn•: clccrrical. But. be stated. a bigger issue than l.hal that he will be gen ing in10 , is the programmin g and. functioning of the buillding. Mr. Kahm maintained 1ha1 they need to be !Cklking at issues durin g !hat time frame . such as , can 9-C'iJ'Jlll the courts in th.al buildin g w1lh the other uses and ca n it be effecti ve, w1ll 1hc buildi ng aa.mmmodatc those type of mixed uses and ge1 us lhosc separations nnd those types of 1t11ngs Mr. Kahm ad\.Y.>~ that his breakdown for that first phase is $23.500 and th e idc..1 is that by March 20th we wou ld have c:mougb informal.ion 10 come back to Council and say that we think we can make those fun ctio ns work o:a,gcthcr 1n the building., that they make sense . and thm the ovcmll project 111akcs econom ical se nse • • • • • E■Ml4NI c11y c ... '"'11 fellnitf)' 17, 1991 Pap, 18 lilh&m l ,-s f1ott"':1l:u1 i J\f~t "'I ntan,f ◄ .,.t'I Council Me-mbcr Bradshaw asked l".f"I the 562',00(I p,a b , Mr. Kahm advi,cd lhat Iha \ LlkC5 us all the way through the p.,;jocl , Ml. Bl'lldshaw ~ i'f'llla& will ID IO build~-Mr.~ sald 1 ~lu \cl y, lhat Includes the prdlmlnary phase, the schematic phaK ... then you p,I IDIO all of your design . whi ch would be done by mid-summer. ~ 25 % of lllat foe is Ute coasuuctlon. admiaistrnlion phase of the project So, he DOI.Cd, lllat takes him all the ,..,-lllloup Ute pn,jccl. it is a complc1 c contntct . Council Member Gamtt saJd dial ii is his Wldel'1Wldin11111& S23 ,500 gets us this pre limir.ary review and then we will have to look at I contracl and approve the co■llllCI . He commented that it seems they should only be movin& $23 ,500 today, and then if we go to final """"1ICI lbcn we fllDVC the rest . Council Member Bradshaw agreed . Oil'CCIOr Gryglcwie2 advised lhal this appn,,·05 the cnwc ...,a,prialion. Bul as they have done with lh c Foundation !:cf~ they have only moved money from the City Gcacr-.J Funds as needed to the Foundation and they have updated Council with reports on their CXpallSCS periodical ly . So. he staled , they would not expend that money without Council's knowledge . Essentiall y, Council Member Waggoner said. they would_.,.. the full transfer now . bu t 1hcy will only do it as needed . Director Gryglcwicz staled that is righL And if, Council Member Habenicht asked. you decide you •-to clo something after Council said they didn 't want to, cowd Council Sll'I' them and lake the IIDE)' mck. Mr. Kahm responded 3.llinnativel )'. Council Member Bradshaw noted she was sort of confused based 011 lhat presentati on and she asked if Mr. Kahm co uld clear ii up . Bcc:iusc, s~ stau:d, he said lhat tbca be .c-to a, percen t or 1he constru ct ion cost. Mr. Kahm udvi scd 1ha1 his overall contraa is al ~25;>00 aad 11~1 lS ~ on a percentage 1 of co nstru ction and what they have done with him is ncgotiat;c his cootract. His original proposal was about S 125 ,000 higher thao where it is setti r,g today . BUI, !us ClllW;ICI c:alls fo r a foe of 8 1/,% based on a SS milli on construction contract . If ii JlCS up lo as high as r. million lus rec drops, on 1ha t next S2 million . drops to 7 ½¾ and ifwc we re to go above $7 million on a::msuucuon hi s fee drops to 6 ½%. So. Mr . Kahrn staled . it is a sliding scale . the larger the project. thc smaller h,s roe . Council Member Bradshaw noted the percenta ge is smaller. but she docs nol know i.ftml ts a sma ll er fee . Mr . K1hm acknow led ged it is a smaller pcn:c ntagc. He advised lha1 typically Ibi s is tbc ~} these type or projects work and Ili c $625 ,000 is based on the $7 million construction project Mr. K.thm ad,iscd lhey have talked will, Dav id Tryba extensively and they have wrincn the number of S6 nu.llion m the co mrn ct and ii ca n be ch anged by mutual agreement. But, he nO(cd, we ha\'C a prmision in lherc llw. if he designs a proJCCt that co me s in bid hi&hcr than what we ha ve approved. then he ralcsigns the project 10 co me up with a projccl that ca n be built "ithin our budget. Counci l M<mbcr Bradshaw asked ifth,s is just for the Cit} Hall JUSI the Fol<)·, build ill' Mr. Kah111 sa id yes. Mayor Bums commented that scvcraJ Ctl-.:S ha,·c decided that couru should no t be in the cir~ hall , but r.uhcr with the po lice administration bu ilding or somcthwg like thal He said he know s th .it La kewood and Liule ton an: doi ng !hat. He asked what if we should dcodc the co urts shoul d go so me" here el se and tJ1cn we have another cost to ha \'e that Ma}·or Bums aslc0i if the) we re tak ing all of that in 10 consi deratio n Mr. Kahm stated 1ha1 is what these fi rst JO days \\tll tell us . !ha t it \\.1 1l 1cll us whct '·~r ti ns ma.kc.Ii se nse \l r ifwe sho uld be looki ng at so mcth mg to~ chffc.rcnt He no1cd tha1 the Folc} bu1 ld 1ng 1s a one acre fon1pri1t1 . wi th the lan dscapin g around it that 15 n-.o ~ a11d \~ uh the pa rki ng rcqui rcmc111s it is fi\'C and a lia.lf acres . So th.i i slans 10 become 10 o/e of tbe pn~~ and as \\C go forwa rd 11 may be dcrc nn incd that with the gr.idc d1ffcrcn tia l over Ulcrc and fact tha 1 tlu s is a1 elc\'a tion zero and th e ligh t ra il st.1tio n is 250 feet away at clcvauon 18 and )Ou s:tan dcaJm g w11 h gra des :rnd all . 1h31 i i may be lqleweod City Council , ...... ., 17, 1998 ,..1, delcrmin<jd lllal this doclo'tpw(c ~-Mr. Kahm opined that the 30 days will tell us !!lat. So. Council MeinlF Bradshaw ~d. WC will~ l&lsc tmmrs In March. ' ,rL Mr. Kalun .wed that Is a critical aniwcr 1cl have for your ~loper. u well Sooner or lalcr "" ~ to docldc what is going Into this project .,.{11 Is critical that IYc: ~ lholc ~rs by March 2o". '' Ci1)I Manager Sean advi5"d Mr. Kalun that thc question CoWlCil i~ llldhg. which he wasn 't sun, he undcmood either, was if Counci l could gi ;c aulhorizatioh up to a cenaln level, $23,000 or $30,000 or "ilalever, for the first phase and ihcn come bad< to ulansrer the additional tllhds for the second phase wilhout impacting the conlr.lCI that you have put togelhcr with them. Mr. KahJn suled that 11,c conlnct is acrually for $623 ,000 in phasing and we <:all crminale the contrnc:t at any poi111. So. in ctrcct if Council ,,,a forwanl with lhls fill! phase, which is $23,500, lh" thlt Is all they would be expcndina unllJ Council gave !hem further approval . So, he advi5"d. whal Director Gryglcwicz is saying tiL't Council is autilorizing the expcnditun,, but the money never ll1CMS 10 the foundation . So. he said . Council is really maklng tbal da:ision March 20~. which is a Friday and thc day they put in his contract . The rosolution was assigned a number and read by title : RESOLUTION NO . 48 , SERIES OF 1998 A RESOLUTION FOR TIIE TRANSFER OF FUNDS FROM Tire GENERAL FUND TO 1l!L ENGLEWOOD ENVIRONMENT AL FOUNDATION , INC . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPkOvt AGENDA ITEM 11 (c) (Iii) -RISOLIJ11ON NO. 48, SERJE3 OP !998. COUNCll, MEMBER BRADSHAW MOVED, AND fT WAS SECONDED, TO AMEND TIIE RESOLUTION TO CHANGE $625,000 TO S25,000, ON AN AS NEEDED BASIS. Council Member Nabholz said she thought that was n,ai sman . Tiicn. Council Member Bradshaw noted. they will sec what the 30 days tel15 them and then lhc:y could authorize 5600,000 after that. Council Member Habenicht staled she ""uid probabl y lean towards that . cxccpl when they"~"' do il g the earlier phase of setting up the corporation and doin g some of lhe follow -u p kinds of things tlw needed 10 done , with tying up the ends of the ncgollalions and all of I.hat that we did :1 si 1111lar kind of resolution and she tho\.ght it was bcrdiciaJ to their being able to ncgo1ia 1c in our bcs1 in1crcs1. Ms Habeni cht advised that she felt co mfom,bic with the "'50iution as its prcscntccl Mayor Burns agreed and co mmented 1ha1 he doesn 't tl11nk It makes lhat much difference When they say they would come back :a Council for any funhcr trnnsfcrs of funds . he asked if that was right Mr Kahm advised that they arc not spending more 1han the $23,5 00 unless Counci l desires. after 30 da~s. to go forwat~ with the project ... obsoiuleiy . Mayo r Bums oskcd what about incremcnlS afterthat. suppose they go to the full conu-ac1 . would :he)• come back to Council for staged increments after lh at. Mr KahJn advised that the contmct is broken into pieces, for instan ce th e schema tic phase is 10% or 15¾ of tl,c ovcraH fee an~ the construction admini:itrntion on the tail end was 25'Y. of the overall fee Sr>. he noted , i i is broken inlo those pi eces . • • lllalewood City Couacll Febnary 17, 1998 P■p,17 h tt \) f"ti'J tHw,,,-.1,n 4 @ i•J, J pa:u,d.,of RI 1'! Mayor llonl Mllcd if Cawx:il ....-•-ifwFbey...i the iajlial phuc. ,¥1. KAlun ~ !hat CGIIDlil -.ldaUlborizodlcF.,.._•fl!bward. Bu~ ~YI\! !1umsl8id. they US9 tiave a conlllCI dley ue aoinl lO lip. Mr. Kalla..,.dlll io mnc. Council Mealier Brwllblw ....-• 6~ arc PIii IO sign I CC"'l"'! for $625 000 . fl!,. KaJun said ya. Bui, Ms.Bradlb■wsaid,,----..-.tolpllldS23.500 . Mr. Kallmswcd they arc only golr• IO do I.be llnl. $23,500 .,a-. So, ML......_., 1101q1, I.bey have ID have this resoluLion so they can 11-bim they have U.. moocy lO lip lllc-.act. She emphasized lha1 she doc:sn 'I like being over a bmcl like lbaL Council Member Waggoner DOied theycan'tsiga lllc<0011Xt w1lcu Council llll)rovesS62.5,000 ... you have 10 revise Ille t<'nlraCI. If you doa '1 ln1511illl!; you don 'l approve ii. if you lruSI swfyou appiove ii. Council Member Bradsjlaw COUU-. M * doca't kmw if it is tl\11 simple. Council Member Habenicht said tllal is l'W. Wllllal IO ..... Whal we giveth. can we taltclh back . Cii;y Manaaer Sean stated tbal one ....... ii tbal lllc Council aulhoriu lhc cxpcndilurc, wi1h also a•1lhorization oflhc lint phase ofl.bc projea ad then you don "I n:ally get inlD lhe money. And after lhc lint phase is done , lhcn thcy come bid: 10 City Council and uy to figure oul whelhcr lhc second. lhird and fourth pbuos all IP loacther or ,......-., blak lllooo iato piece,, or 11111, Al lhat p,inl in Lime, ho said, thcy oould come bid: IO COUIICil Ill ~ ... pnaal with ll.:: <..:XI couple of phases. So. ho ootcd. you woold aulhori7.e lhc fil.adi, but t.ically-Coaacil is then authorizins ,pecific phases of I.be conll3ct Basically . ho said, approval of lhc ag,-. with Ille lint phase approval .. being lhc only approval given . So , Council McmbCT Bndshaw said, n ae..i.onzia1 lhc sigoinc of a """1'KI lhc:y haven ·1 seen because lhc FOWldaLion is doing that l)pc,af ..n: Ciry Manager Sears stated the Foundation docs 1ba1. Ms . Bradshaw asked why"~ did IJ>C FOWldmon Ci1y Anomey Brotzman advised ii W1lS ID ptll an c.,1rn hurd.Je in any enviro!mtt:.:'laJ liability ad mc:y 0".",'11 the property, it now would make sense. th a1 the owner would be hiring lhe archileet. 8m. OJuncil Member Bradshaw said . 11 is our money Mr. Bro1ZI11a11 said lhal is cnmx:t. Cour,11 Member Waggoner called !Of the ~n on the amendment Vot.e results on the amendment: Ayes : Couacil 11&:mbm Nabho lz. Garren . Bradshaw Nays : Couacil Mcmbcr> Habenicht Waggoner. Clapp. Bums Mo1ion defeated . Council Member Waggon er caJl<O for the qwation on lhc r=luuon. Vole rc111Ut on the motion to 1ppron ..._liN No. 48 : Ayes : COWICll l>lembcrs Na bholz. Garren . Bradsha w. Ha benicht. Waggo....-_ Clapp. Bums Nays : Sooc Moti on carried. (i\') Direct or SimpsoCL presented a rccommc nd 11ti on from the Department of Business Devclopme11110 approve, bi Dlllb<lll. lbc Miller/Ki1cbcll Prcdcvelopmcnl Agree ment. I....,._. City C11mll rebrury 17, tffl ..... Maybr-Bium advised that he uked'Clt)i A~ Biolzman hit 1111• earlier. to ...,,Wn ~--- arc doiaa bm, bccaUle this Is nol l lbll dm!I~ ig,,,cinenl. DIIIICIOt snni-__. ... ... the period ol U-that Is a 180 day period or time.' that "" have dcfb\ed... tOUDCII Mi--, .. ..... uked iC It is 180 or 90. Several Council Memben said 90. Mr. Simpson staled there is a 180 dar/ p~opmenl period tlllt allows for • devel"r"""t pbn to be crated. And. he aid. -iii .... cteated blled on Coundl •• Decemtier '15"' dll'Cdlon for tbai coaa,prual TOD plan. He ..,. -llill conuact \:ans out for six elemenlJ, six TOD 's, Transit Oriented DevekJtm,ents elements. 111 bo ..-... in the development plan . It also call, ror a 90 day pop-up period. that ""uld require the dt.\Wiapl .ad our owner's reps to come forward to pr«enl to Council an opponunity to find out whether tllis p,IIJ!OCl. using as much as possible, the six Transit Oriented Development principles . whdher it was fimllaally feasible, tenant approvable and incfuded thos., TOO elemcnlJ. City Anorney Bmczman suggested that on all three ofU-motJons, to IIIHC ii clearer. ;ftbe!> -..Id add, after by motion, add the woids "the City Manager lo finalize ." He pointed out IIIC)' don ·1 ha\-. a lillll agrcemen1 on any ot' these yet . These are all in draft fonn , be said. and they need Ill finalize • -.... agreements. He advised that they don 'I even have a draft or the Miller/Kjtcbell agreement yes. Ml' Brolzmlll explained that what they are really approving is City l\fa..'18get' Gan, Sean lo finaliae -lhr«! agreetnenli. Council Menur Habenicht said that she wanted to daril'y tha1 ,._ are the th"" &l""'matlS ~ discusal II the Srudy Session and that Council is recommendin• , they go •head will! Ille.~,. as llley undmtand them to be. To be finaliZJCd by the City Man&fs-'r based on what all ofeou..t understands it to be. She was advised that that was correct. Council Member Waggoner -it ,. kind of a concept agreement COUNCIL MEMBER BRADSHAW MOVED, AND !TWAS SECONDED, FOR TIR CITY MANAG!R TO FINALIZE THE PREDEVEWPMENT AGREEMENT WITH MILLER/KITCHELL Ayes: Nays· Motion carri ed . Council Members Nabholz. Garrell. Bradshaw. Habenicht Waggoner, Clapp, Bums None (\') A rccommcmtuion {rom the Dcpanmcnt of Business Deve lopmcni lO appro"e. by motion, the Citivcnturc Associates Agrccmen1 was considered . Council Menal,c · Bradshaw !lated she had a question on this one . She asked ir thi s inc ludes D<q,allter Point Company also . Oirr~1or Simpson said yes it would . So , Counci l Member Bradshaw said !hen the lotnl is $12 SOO for borh . Director Simpson said DI>. ii ,s a consuJlanl conlract to act as owner 'i reps that would i!ltlude Marilee Uncr and rim Leona.rd to xt as our 0\\1ler's reps II is a cap of $12.500 per mont11 for those ~rviccs . City Mana ger Sean; satd tlus 1.S tor aJI of the consulLlnts witltin their group . h was no1cd lhcy will be withm 1ha1 umbrella E.tc:cpt Cocncil Member Waggoner said . for Ca lt!1orpc . Uircc1or Simr~,:, said yes. 1hn1 1s a sc paral e issue COUNCIL MEMBER BRJ)DSHAW MOVED , AN D IT WAS SECONDED, FOR THE CTTY MANAGER TO FINALIZE THE 11,~RHMENT WITH CITIVE:IITUR£ ASSOCIATES. Council Member Waggoner commented lhal when you look at this organizational di•~,_..,, itjts s,ems like there is 100 much space bc1wcen our City M·,nager and Lhe devel oper . He noted we lwvc a lQI of people in there and a lot of tim e co nsu01 ... j jnSI going from one pan~· 10 the ot her. He s1a1cd thali II just • • • lllate-,111 CIIJ c-a re,.....,11 ,.,. ..... , I VUll'lh o• •~ sccms llu, .. Ilia. ... • -,mpiic:llill&,oervials -IMR. Ma,yor Bums aalled if 1111• ii u-or son oflidt.']1.,_ a.~S.,,,__.ted,edllialilalcli~noal_., HcAidhe~_uhlda discu:.aiaa wi1a 1'ia i.a-d, Mlriloa U.. Md !iob s..,.. 111d be lilouahl lllcir inlCIIII WU lbat Ibey wen, pug ID...,._ dlaalldws from._, de¥cloper or lbe ,..y Ibey were IOUII IO l\ork with lbe de\'Oloper 111d tiM Gl1,c the ~ through them, And. he advised, he disagr<ed with that Mr. Scan._. ........ if 11,ero ii aomc11tin1 the do¥doper cu,'1 a,me 10 somo oooc:l11Sion on, if lbetc ls_.._.,.., -..k dlrougb diem OIi, lhca be nccdl 10 come IN him, the Ciey l\4alllgcr, 811d 1he11 tl1cy ....i ID-••-to uy ID iaolve lhe si1uation , City Manager Sca(s,51;11cd 1hal he made lhal clear 10 Tam ~ bc:caase he ha lhc abilily lo go over ~is he.id lo Council on some buis. if again, ii is of impact ID dlis <levdopmrnt He poiolcd oul they all just wan1 10 make the developmen1 the b<sl tl1a1 they can, bet• a ti!!!' ID day buis. be doesn 't really .,. lhlt b• is go ing 10 be worltina wilh Skip Miller. as he sees lMl .. -.Nlld r<ally be Illar """"°"'ibili!)'. Mr, ~can advised liial what he has asked Bob Sii npson IO.__,._ Llall iodo. is facus oo issues lbal ,.ill bcofconceru. as lhi, &CUdcY<lupod , Such u.,.tiia&. ra....,wioa 11111.,.. lluoogb IACR. lhc way lhcPlaza work,, and llac Foley's lYJIC5 of tbidp., Ht ...t there arc pn,bobly six or seven ;..,... 811d on lhosc issues he would sec them worl<ing pn,ay _..., • lealll, l Council Maar Hlkaidll akcd Cily Manag,cr Sam if ho fck Ille dil<Clion would be clear if Cowncil passes Ibis --. !Mr. Scan swcd Council could add some languaae in10 that motion , if Ibey IW>llld like to , that says dill a-:il feds thal t'.IC _ope, should also be pre.sen t as a partic ipant with the City Manager, He...-that-,Jd be fine , Hccommcnlcd lhal since they had tha t me-tin g he didn 11 get lhcm 10 ......,.,.._ .. ..,. is his Wall cm how lhis is going 10 come togethe r. B,.si cally, Co un cil Member B,_ said, what we have is a City 1cam and the de\·elopcr 's team . She was ,.;,.•cd lhat that was righl , So , Council _.Wagoner said. there is 1101 a bi g bunch or peopl e in between . Co uncil Member Bradshaw -dial -ue just all oo the same team . Mr. Waggoner said then it docsn ·1 lake ten days ID tp r.-...... io LIii: Dll>cr, Council Member Bradshaw asked how I 1ng ii should lake . Director Simpson advis1lla ii ....in 't take bUI aboul two minul<S, wbieh is a 1clcphone ca ll . Council Member w.,.,...,, staled be has ,r,mc questions he is concerned abou L He sai d he docs n ·1 know whether ii bas b<ma:plaincd to Counci l, by ci'\er of the teams ... lhat he knows they lalkcd about se lling pads at the Ll5l -.ang, doing this and domg tliat. .. but that !Jc is not clear 11ho is goin g 10 own llu s properly afta .,. ..., all doac, One ume, he noted. they w.ked nl> 'l!l transfem.ng the ownersh ip, bccnusc they didn 't .-lhe City 11> be owner for any p:riod of time. because or lin biliry and the cos t. and now we an: tallting -,:B1i,ng pads or we have talked about selling pads. He asked who wi ll ow:o tJ1 is pro perty aft er this is all dlac.. Dina °' Simpsoa. Sl&led that it has been tllC intent as u c have continued fo rward that we OW1I lll< ~ ,.-.tlun the cnlin: project That has been ltind of the intcn! since our begmn111 g and it still =-ms -ny, Council Manber Waggoner asked""° owns th e pads . the bu ild ings . Mr Simpson admod di:la Ille pads may be ""11Cd by the dC\-.lopcr or the individual tenan ts . Then . Mr . Waggoner astcd, -do,.,, assure oundvcs lllat we arc go ing 10 keep this area in good ~puir and looking nice •"illlal,t u 0Ya3U owner. cilhcr. be it the Ci1y or be it the dcv,elopcr. or a homcown c!"°~ associatioa lyJIC of dnmg, He questioned how we can guarantee ourscl\'cs thaL Aclually, Di rec tor Simpson advwcd. t.h'S: are some of the method s. there arc mec hanisms that arc out there thnt ca n be pul into place l.b3I JISSm% those kinds ofthmg.s. Counci l Membe r Waggoner asked \\hen those will be addressed. ~U s-.-m swcd lhosc \\1U be add ressed and it is n mec hanism sirru lar to a homeo wncr ·s association and~ lbcc:ome a set of CO\-cnants :tun go\"cm bc ha,,or and tenant ho urs .i nd kmd of the appearance and alI d lhosc l<i nds or things associa ted wilh lcna nts. So 1ha1 wi ll be addressed. he ad vise d. as we mm'C forw2tt! Then.. Counci l Mcm'xr Waggoner saiJ. we will ha , c another main tena nce ag reement likc wc lnad on Ci ndr.rclla City fo r th e parki ng. Direc tor Sim pson stat ed that he has ne,'cr see n th at. Mr. Waggoner said he was sure the City does n't wa ni to stripe it. 5'\Cc p it. clea n ti anu rcp:ur 11 l1"'1raod City Council FMN1ry 17, lffl •• .,10 Mr, Sllllplllll 111d d!II M-.Jd prablbly. on the pming.,..... .......... ..,, .... c..,, end up bavit1110-le1 mlli•-.....-lbrlllepa,kl11-Ccracil ...... w.,._ aid thia any ltftllll woald pay lnlo'the rlllinl-·~ 111111,,. or lppNml. Mr. SiapDa IIIIOd Chay , will su:e-' on 11111 put. lllllrl sweM id IOIIII........., .....,,,, DI.-StlllplOl'I optnod it 11 lhelrlnlcnt tlllt we maillllin loog tom--lipillcaal ,..,_. of 1h11 P"Jll"ll', eo,,,,dl Member Wagoner aid 1h11 he k-.. wllen 11111--.g illto a devdopma,1 coauact. chll wotonoofthelhill15wediscusscdquite-lleavily. Mr. Simf,lm-.11111111 iscomclandil still n:llllinl an tmportanl pl. Council Member Wagaoner cmph.ui:a,d that he still believOI we are duplialilg dJnn. OiRCIO r Sin . on said Chat 11 true . He Slid Ibo lhtng he -.Jd say is that thete -lie .,_ ~011 of dlort. bul he opined 1h11 whal is crelled ii eome ISIIWaJICOS !hat haw c...-1 ua 10 .._. ..... pn,jcct to_,, forward. He aclcMwledged lllcre is IOIIIC COSi ll5IOCialid willl lhlt dupHaliaa.""' !here ii also .,.... significant pmgras that is occurring becaule of it. COUNCIL MEMBER BRADSHAW ADDED A FRIENDLY AMENDMENT TO THE MOTION • "AND THAT nu: CITY MANAGER AND THE DEWLOPER CAJII TALK AT ANY TIME IF EITHER PARTY FEELS IT IS NECESSARY." Vole rauliJ: Molir,n carried. Ayes : Council Membm Nabbolz. Gam:t1. ill'adaaw. Habenic:111 , C!app, Bums Nays: Council Member Waggoner (vi) Director Simpoon p"'5Cnted a r<eommendalioa -the ~ of Business O.Velopmenl lo approw,, by molion, the Callho<pe Associales Apeemenl He explained that Calthorpc Associates would act as advisor, overseeing significant Tr.lllSit Oriealed Devclop.n1 principles and seeking to provide tha1 micw capacity 10 David Tryba Arcbllcas. as the de\'Clopcr 's archilect . So in essence. he said. what we have created here is polenlial):, lkCil} ."'5ign l'Cvicw capncity over the developer and where the •rojccl is going. CilJ' Manager Scan said he thinks in 1enn1 of further clarifica1ion. thal bc.lod,eve; in their d1saassi ons and in his discussions with Peter C.•hhorpc that he would be mainly aofbog ,..,ough Tim Lm1r.11d and Marilee Utter. He really wouldn 't be coming 10 the City Manager. bu1 be ,my be in contract with Bob Simpson. But, Mr. Scars noted. ii will be much Jess: direct than. say. wor'-! wtlh Skip MIiler's ceam . He opined thaL again, that door will be open on some key issues Ibey may Iring b:,clr., BUI for 1ht most pan he would be ""oong with Tim la>nard and Marilee Utter. City~ Scars staled thal t,.; 0•<0 knows that there arc some concerns in the agrccmcnl and he doesn 't k:mJw-laow •di they h.n·c 'Jtt.n addressed, in tenns of the City 's rtquiremcnlS on ownersh ip of documcms :llld !hose thin gs City Allomey Brotzman advised 1ha1 they are 1101 incorporated ye1 . bu, in pru,c,pal 1hcy have been ag,-sd to . Mayor Bums asked iflhcse are ques1ions raised by Mike Miller and yoandf Mr . Bro1ZJTW1 Slaled th.• th ose arc being incorpor:ucd in10 1hc new :igrccmcn1 as well Cou nci l Member Bradshaw asked if 1lia1 is $25 ,000 IOUI or $20 ,000 •-Oi=or Si mpson sai d he believed the conlraet read $20 ,000 101al and ii is fo r a period of90 ~'S. But. Ms. Bradshaw nolcd , he wanlS $5 ,000 up front . She was advised 1lia1 was correct • • • • ........ CityCoudl -----, ,1,1998 .. II lnnuo , ti• J b ,.o..,,f•~nX 114qt, I n&111cl al tt,:,r(J c--~,w,..,... IIMIIJ\I be b14! ~ llalefflCIII IO make . He said 111at ii ~ms 1/kC. ID him, Iha! ..,._ yoo pt ,:,WO lldlilecll,!'Yffll Jo lilllC oo one Ching. .ll is jµst IOlally ~iblc i1')jl as ii is;; ......., ol oervice, be advlllld he will be VOiing no again. 11.\Ym BIIIU'f~ ~OVJ:D, ~D IT W-,.S SICO/'IDED, FOR TRI: C(1Y MANAGER TO FINALIZE TIU: CONTllACTW~ qi.THORP~ ASSOCIATij~, CONS!,S1ENT WITH THE COIIIIBNTS Olf cm' AT!;OllN&Y DAN IROTZMAI'( AND M.IXE MILLER TBA TARE CONTAINED JN 1'IIElll MEMOIIANDUM IN THI COUNCIL MATERIAL Mocicm carried. Ayes:. Council Members Nabholz, Gam:1~ Bradshaw, Habenich1, Clapp Bums Nays: Council Member Wall,l\oncr 12 Gaual DI ...... (a) Mayor's Cbaicc L Mayor Burns advised chat SC\'Cial Council Members wenl on 1hc RTD cour of the Southwest Corridor Light Rail Projocl last Thursday . He lhoughl lhey were reall y impressed bi· the presentation. tl1c ,tick pacnlltion in Llnlclon, and aboul how r1111 chis project i• movin&, He poinlcd out ii is on time and ii on budget and $47 millioct is in the adminisua•ion budget th is ycnr for chis proJcct . which RTD is quite piclm! with . Mayor Bunls advised thal be, City "1anager Scars and the Mnyor. some Cicy Councd a:mbcis, the City Manager and Assistant City Manager from Lhllcton , met 1odlty with Representative DanSchadcr and discuacd this with him . Ma,1 or Bu111J i:aid thal he continu.. to be very supportive of die s-bwest Corridor J..i&bt Rail and he did lltlle lbal the $47 mill ion i1j1111 the budget proposed by the a:lmiaislration and the Congr,ss actually pull tb4 · budget together. He :tdvlscd lbat Representative Scbada said that once thac projects start Wey ".Ontinuc to be funded . 1hc onl y caution is ... :is they s.1w in die paper today ... is the uafonunate passing of Russ Tarvin , a very supportive RTD board member for the SaadiM:sl Corri~or. He DOied Lhcn: was an intcres1in& schctnc, described in the paper, aboul how lus replaccmcnt was going to be sclec,.i.l depending on how many rcgis1crcd voters there arc in the Ci1y and Coaary o{Dcnvcr and b.is district and Arapahoe County, and who selects. Mayor Bums opined that it is ''CY tmponant to ha\'e Mr. Tarvin replaced hY someone who suppons lighl mil. because lherc arc still caoagb \'OICS down there 10 put this project in some jeopardy . For . he thought. if thai board ever voted 10 rqca fu.odin&, from the cum:nt budgcL it ,.,,uld be a very hazardous tl1ing for tlus project Mayor Bums aM!iOd that he is personall y calling board members of RTD to just touch base w1tJ1 them . The tnmp<>rtation confcraia: that they attend every year in Wnshing1on, will be held March s• 10 11 • and I.bey •all be visiting Congress then and of course their Chair, Mr. Caldarn . has been voca l!) 1n opposition 10 am oorridor and wriucn letters trying 10 rej ect funding and encourage Con gress to rcJ CC I fundin g an=! so forth. Mayor Bums noted that be felt a ccnain amount of that is going 10 be go111g on. so he feels 11 ,s ~t for us 10 kc,p in touch with those board member.; and keep in 1ouch w11h lhis process of lhc repbccmcnt of Russ Tarvin . He said he has asked !hut we send a card from lhc City to lu s famil y. because -rmanimously suppon<d Guide the Ride and we have all supponed this proJCCt Ma)or Bum s 1101 cd th e p:a;p:s-rqx>ned on the meeting that was held in August at the nursan g home aflc r he lmd 1hc s1rokl.!. :md he s:atd. that was an hero ic effort for !um to go to that mccun g. Ma yo r Bum s J1 dv1scd he \\'l15 1hcrc :md 11 •35. mmd.hin g fo r Mr. Tan•in to get throuv.h 1..ha1 and he has gone 10 a co upl e of 111cc11n gs s111cc That IDttllng app ro\'cd S6 2 mi lli on in new conlr.lcts for lhc Southwest Co mdor and Mil)O r Burn, po 1111 cd out. 11 •• a pivotal meetin g. So, he said. he thin.ks the City is very thankful to Ru ss Tarv 111 for 1h e \\Ork he luis donc. 2. Ma)'or Bums staled that he also enj oyed go in g to th e VFW Post 322 65 th Anr ll\crsnry pHrl) 011 Sarmday. He no ted Co un ci l Member Na bholz came O\'er too and they me1 1he member~ Jud c;clc h111 1cd l ■&lewood City CoullCII Jeb,ury 17, .,,. ••tt 22 ~h) bo,o, IU1i"f 1,rJ 1nd1~ ft ~ wilh iMm. 'He common~ dllllt /,qaitc aa orpaimillaalll they bave mny men\ben ofdlll poap, that have been around fo/ 40 ado~--die..,... World War. UIII have put ln'tounllr11 llalin /ti service lo thc community lhrougb 11111 orpllizaliaa. I 1 3. Mayor~i~~aal'~1"11e-declicd1beCHairol'tbeMeuoMlyor'sCauc:u, I• for the n'-XI year .' He said~ &id~ a diallicia .....,.~ ~lhc legis~lion in the Colarada Lcglslat1ore tochfulge lhel~ll(RT1), Re...i il,_11111 aa lhe~ bat ii wa/broligbtUp < for discussion and he cautio.M them aga\l,a taiag-, -aa dial. ticcaine he thought ddu was'1 dangcroas for lhe City of Englewood and it,...,... a .-11nng to do. They did not take a position on that And sun, enough. he said, as lhcy saw a few di)~ -· that bill was killed in the Senate Transportation Commincc. So, he opined, it --thing to do, to no( take a position on that. He stated that so far it hasn't lakco much lime and Paulcaa l'lwlccr-.lli went to the meeting with him and MS very helpful . Mayor Burns said be docs no( ""' it as akias a Jr"" deal of lime. He advised Council he will tell tbcm, and he did at that ..-ing. that iftbcrc is-,thing being diliCUSSCd that he lhmks tin: City of Englewood should take a partiadar position on.,. lllal Ille sbould not lake a position on himself. tha1 his first obligation and loyalty will be to this City as fir •dial body is conc:aned . (b) Council Memba's Choice 1 .. 1 (i) Council Member Nabllolz: I. She said she also wanted to gy congmulalims 110 tbe VFW on their 65"' Anniversary . 2. She advised Council that lhc third and final memng to discuss the General Iron Works plan and what the neighborhood would lllte and would DOC lih. be Tuesday the 24"'. from 7:00 p.m. to 9:00 p.m. at Bishop Elemental)'. She said she also Im tbar!!ycrs to pass out. 3. She noted she is looltlng forward to thc Code Edorccmcnt mccling tomorrow night in neg.ml 10 lhe Public Nuisance Ordinance. Ms. Nabbolz COIIIIDC2lttl:l that hopefully they can tum the heat up on that. 4. She stated that she spoke to Susan Clan: in ~ 10 landlord registration and she thinks th~· need to bring it up at Study Session fairly quietly so die!'= addras it once again . 5. She advised that her cons1i1ucnts ha,-c also >Sk<d if. after 1hesc meetings . she could v,ssibl) mcc1 witl1 lhem once a month . Ms . Nabholz said she occds ID find out if that is acceptable. If she codd meet with her constituents once a month. in the Libr.uy or soax:whtrc. ju.st keep it a SCI lime. whatever is convenk:nt for them. whether they show up or not. She sated she is more than willing to do thm 6. She staled tha1 she has quite a few code problems and she is neally gelling frustra1cd wi1h 1h15 problem . One of them is the Gothic and thc sa:ond °"" ,s a ci131.ion that was given 10 )'157 South Broadway in negard to merchandise on the sidewalk. --.rthc stone right nc." door was not cited . Counci l Member Nabholz poinlcd out that"'" M\'C ...twicb ooards up and down this City and banners . She said she feels that if we an: going 10 cite one. = ~ as ,...11 gu up and down Broadway and cite the rest of them . She stated that Carl M. Duncan. thc CP.11.,io ... ns lhat propcny. would like for her to nead his letter into public . Ms . Nabho lz read "To Whom it ~ Concan: Please be advised that 1he nea l estale localed al 3057 Sou1h Broadway. Englewood . Cokndo.. !bas a building whi ch ,s se t back aboul ten feel from the sidewalk . This :irca. on which there is no bwh±...ng. but which h.-is ourdoor c:irpct . docs not belong to this City or any other municipal authon~. buA ,:a t.her 1s priva1c prop!ny. owned b} my c llc r-• Joan L. Duncan . Her renters pay for the space and arc acuJ1onzcd 10 use II many way 10 promolc 1~c1r business ." 1l1crc agaJn. Counci l Member N:1b holz saxl tf our ordinance stales "cvcl')1hmg off 1hc sidewalks" th en lets enforce it . • • • ~ CII)' CoullCII ,e1 .. ,. • .., 17, 1991 PqeU • I ~Ii'> b W>\,Jn1 H~e1 ,ti '{l•111d ~ H,2•, She adYilod lbal ia the 28()1) lolack olSoujb ~ ill lbc ailq, bclwccn SbcllJllll aad,Orut. app1011iaM11J four '-1~ lrom Amhenl, lhc"! 111 wc vcblqlea Lo lhc alley , Oac IIU I p96 Cololldo liccme plalCI and IWD othen have 30 license plates al all. Thero aro approximaldy r,i,,,, UIIIICCIIIOCI vehicles in m>nt ol the bolllC and they bclnng 10 the llltlC individual lhal lives there . Ml. NlblJolz IIIIOd the lady LUI Ji-babiD\I tJ,is boulc c:aa ll cw,a pl inlO lier qwn p,aae. Sbe said 1bc undcrslaads 1h11 the lady called Ibo police the otl19( night and When Ibey !3ilcd bacil Ibey said Ibey could IIOl locato Ille p,oblem . So lbc -YCl)I f'rullJaled. Al the comer of Ba!CI aad Broadway' """"""the alley, alt of Jltoadway and ........, oa the oorth sido or Balo,, then: aro so "l""Y large ..iu«:lcs whclc thi, individuol ia worklllg ~D them. lbal a lo! or tilDCS you CIIIIIOI haw two way ualllc oa Bales. You cat1D0I t•,rnc oa1 ol tile alley and sueeeafillly make lhal 111111 IO head -• Mayor Bums asked abaul lllc zoaing IIJ<ro. COIIIICil Member Nabbolz a<!v~ lhat it used 10 be a limOIISlM IOtVica and the IUl' works oa cus, ii is right bcbiad the ched< c,-bing pla\:c and i\ ia a problem. BIil. Mayor Bums ukcd. wllal i1 uie ,.oaing. whal iJ allowod . Ms . Nabholz said she -1101 sure. she -.Id lla¥e Ill look lbal up. Sbc coairneAICd lhal ,he though! ii wu B. Council Member Bradsbaw advi!Cd -it is B-1. Council Member Nabholz IIAlcd she is 5011y, bu1lhal w also f!ds the frus1ralion oflhis, lhal sbc bas ro c:oolimally bring up the same addresses over and over. She nolCd lhal she iJ a Cowicil liaiion, 15 is Mr. Garrell. on the Code Enforccmenl Advisory Commillec and she thinks it is time wc tum up !he heat and we act on !his S1ull' and qui! talkins and roll up our doovcs aqd gel 10 work . (ii) Council Member Bradshaw: I. Sbc advised lhal she "TOie a lhank you note to Bab Tonsing for the RTD tour. She told lum he really knew bow to llUW' a lour. 2. She st11cd lhal sbc has a question and a concern about SIUdy lCSsion items . Ms . Bradshaw opined that Council needs to deal with one thing per SlUdy session, as she fell cheated toni ght "ith the architect. Either lhal, ,;be said. or they need to mccl at 5:00 p.m. if they have !WO items. She stated lhatjust wasn ·1 fair , u she didn 't fecl they finished with Ilic Housing AutJ,ority, and Ibey didn 't give the archiu:ct his time either, aod sbc doesn 't like IO fecJ rushed like that. So , she said, they.,. dealing will, two matters that she consider> coot.rovcrsial. "time to think " matlelS and they occd to limit l1106C on study scss1011S. 3. She noted she had the complaint again. and this was the same complaint raised by 8 1II Bell on the 26•, aboul uansienl< i.o Belleview Park . She asked if tl1cre was any enforcem ent going on. She said she though! wc were going to look at that. They a,c by the shelter and" one time they were ha v111g "''Id gatherings there. She commc nled that she didn 't know that they can have that in the winter . 1t has been a little chilly. bul that she was sure in the spring that hcalS up . She noted there is also a nudis1 1n d1a1 a~. Additionally, she said. at one time people"'~'" burning the shingles off thal one far shelter, in the fireplace, 10 Slay wann . Ml . Bradshaw ~,id she docsn ·1 know if that has happened lately, but she suggeslod they mighl check to see if our <l>i nglcs arc still there. 4. She stated she "'1>uld like the Code Enforccmcnl Comm 111ce. or so meone. to look at mcrcasm g the penalty for graffiti . She said she still thinks that is a \'iablc thing. 5. She said that she . Mayor Bums and Council Member Clap p need to se t up at llme to rnlk abou1 the Hous,ing Authority issue . (i ii ) Co uncil Member Clapp . " EllllenodCIIJC.-11 Jellnary 17, I,,. Paae1• It n110) 20 ho,,,r.f:,,1.Jt 1'' I ,T'I t "Ulrh ➔ tt ·,~ I, She said lllie ......... tik lO con.,...,.. dle'VPW , as she alio anfflled. She notod l11\c had a very busy ochcdule Sliwday. Ill .. -ihere towu,ls Ille middle, 'IO congratullle them , and sho lhouShl ii was important. , 2. She iald Ille ...._.. ii -al iilleiallag 11111 Council l1 talking about coijc, enforcement. She noted sbe bruapi up a ...... 9illl Crickei 'l1llctel. at the• reawat-ion. and talked about the King Soop!n Inds. ~.•Slid. OOcle ...,._ MIii out and spoke with the IWO owners, and ......ihlg to here-ii .,.ea ,-clcel.•lhey Slid that then, was no pnlblein. basically. Well . she odvixd, Ibo called illc _,,_.,and asked If lllis was r-'-' to their satisfaction. Ms. Clapp IWed lhe owncr !Old her she CllllldD ·1 llclieYC that it would say that there 11 no problem. that that is not whit she !old Joyce Pmons. The -Slid sbc told Ms. Panons ii was a concern. as her business is growing and she would Uke to~...,.-, dnw the line Mdt public parking lbd iloring b\Jsi,_ vehicles . The owner staled thai ... cilbDcSk.....W DOI be able "' cr,me -there aild part .. RV BIid she asked whal was the dlll'erence. Ms. 0,.., commented that,.., have• very unhappy businesa hr.re IIJld 11111 she is very disappointed 1h11 code.,.._... did not handle ii a little betteMhiln that. She main1t1\ncd that we an, Lllking night and day baw<ao tbe response of the business owner and what she is being told in the Council n:quest. Couacil -Clapp staled she can'I ICU Council how disappointed she is wilh lhal. 11 concm,s her a pal -..,,.. -..:I MW ,mny other code cnfoicoment •rcquesu she has made lhathavccomebackto!k-,. , 1 Council Member Habcniclll adviloll lhal several of 1hcm attended the Chamber of Commerce's annual mcding and at her 1abk tbat was.a top<: of discussion and there was concern about those trucks . She stated she beard ii from a~ basincss :is well. that ii is really detrimental , Council Member Clapp Sblal --have lo ag,ee with Council Metnber Nabholz. :\ ·,1 perhaps 1his is something that should be locacda ill another•~ of the City . Ms . Clapp opined that Chris Olson docs a good job as a Safety Scrvica: Oi:maor and she is sure he is a fine officer and a fine fireman . But . she said, she does not 'know If he ,s g,,o,I :11 aide Cftforcemcnt City Manager Sear.. mggcsl<d 1W Coucil make thos a subject of a study session . Polen ti all y, he noted, lhcy have a ffte night die n '", -Monday night They ha"" a youlh nigh! 1h11 night bul, he said, .hey could focus on code cnroro.-• lky could make it a subject fur the 2" nnd go through lhc list of shon 1enn items and focus in OIi eadr fl die mues they have raised , or how we nddn:ss code cnfommcni issues. He advised he would be mliPP'}' to move in that di rcct..ion if Council would like 10 . Mayor Bums asked how that dowdli1s with lhe Code Enfon:cmcnl Advisory Committee and when: nre they moving at this point. Conncil Member Bradsha w asked ifCouneil is doing their work Council Member Nabholz said no. l'IOl necessarily. that she thinks lhcrc needs 10 be some direction from Council. But . she noted, she thinks it is UUDl::Sting whe n Council lalks about lhe graffi ti removal. or some of the rcg1str:11..ions or public nuisance Olllli.nanccs. that they want to look a1 . that th ey gi\'C it to the Code Enforcement Advisory Commitreiet0r the Clean. Green and Proud Co mm issio n Ms. Nabholz maimained that SOOOC/ or la lcr CoUDCll bas to step up 10 the pl ate and take rcsponsibil1ry Thal . she said . is what they ha,·c hired these people to do. She-opmc:d the sooner. 1hc better. that th ey take a look at this . Council Membe r Habenicht mauu:amed that this takes them b.1ck to a co nce rn Iha! she brin gs up every once in awhi le that has to do ,-,mi IC administrali\'C policy ordinances 1ha1 \\C ha"c passed and the wa) our depanments have chaat,:d ~nilly. from here to there. from here 10 !here and code enfo rccmen1 has been passed off like the bad~ or somebod). from one dcpanmenl 10 ano1hcr, 10 lhts to llci1. She s.ud she really docs think that Gar: Scars 1s new and he has to look at how he wants tlu s is to be don e and she doesn 't know ifCouncd ~ be rushing him to answe r questions . But. she pom1cd oul. that docsn '1 • • • • • l■&ln81141 Clly Council , .... .,,. 17, 1998 PatelS ll1CIII we 1houldn '.I be lllldnu~ \he code luucs Ind ~I ollhll,'but lbl ii lbuiklD&-.... daa lJ)'ing 10 do 1 ..i1y qvki< llll4J, -ion, lhal fN1YM ii iJ OM of 111111 adnaillillAtivo lllillp Illa ....... ID lie lool<in111 .. ,wbeR docs code •~fall ialo plMclnd i-is ilNialdonc .,.whilu..,aai•dle immcdillc noods, bul maybe looki11 11 lhc ovonill pn)blcm . Council Member Brada~w oollld lhal ii 111<4 ID be iq lhc old, old days,~ before her Ollla" ll:IID • Ci~ Council, 11111 policemen ... wh<n they were oul and about ... would lake nolice of code violalila -if !hey happcaod 10 nolicc iL Now, sbc aid, ii seems lhal we llpCIJ!f a lot of-lime doiq µ,iap ... _..., p,euy obvious. Uu,lllc propc,t)' she reported IICIOll from Miller field. TIie IIIY said lake me io-. Thal,.,.. his rcopooae IO 1h11. Ms. Bradshaw r.lmowlcdged 11111 is a IOI of Cil)' n:sowtcs. but we "" a !he Cily and we aecd ID make our <;ii)' a pRII)' place IO live, a safe place 10 live. Council Member Nabholz Slalcd Ille ag=a with Counc;i1 1Membcra Habcnicbl and Bradsllaoo, dial Ci!)' Manqcr Scars ,-Is ID lalte a look II il and,.. also aecd IO do 1M CIUOltCIIICIII aspect Ill ...... Ille scJCl:li"" enforwncnL She cmpham.<111 lhal this iJ making lier crazy. Ms. Nllbllou C"--.11111c ld1 like Council Member Clapp, u she gol back lhal her rcqUCII was C!)mplelal aad daaa -• .......... She 5laled she has a problem with lhal because she physically goes OUI and lakes I look II dris Slld[ Council Mc,nber Clapp llid lhal her major oonccm with Iha! is DOI only did the ....... 1111 JCI R:SIIIYcd. but she is being !Did oae lhing from code enforccmcol and ~ from lhc propctlJI -· 3. She said she would like 10 pass along her llww IO Division Chief Vandc,,_ i,s ~-lhc ,man car. Obviously, she poinlcd <:OJL from lhc complaiull of ill rrcscacc ir "'"' occdcd. Slruolviml 1ha1 she would appreciate his enforwncnl in 1ha1 area. Couocil Member Waggoner: I. He advised Iha! lonighl hcpvc lo Cil)' Manager S,.,. an audit that was ,cu1.,...,. Cn,m EDOA. He said he was not 5111"C who lhal was supposed lo go IO, bul he assumed Mr . S<ars would fiad !he pn,pcr party. Mr. Scars assured Mr. Waggoner he will dctenninc if it is Dan Brownan. Fra.>k Go!picz or Bob Simpson. 2. He nOlcd he had copied. and scnl 001 to each Council member. Cinderella Cil) .--ts f-;..,i Clifford Weinberger. He said it was made clear at the EDDA meeting. thal that was not the EDD A ·s position . thal that was only Mr. Wcinbcrgcr 's ix,sition , J . He said regarding tbc encroachment. Lh.11 on Ilic encroachment agreement i1 sayslllat ~ have 10 indemnify, hold hannless lhc Cil)'. Council Member Waggoner asked if Ibey shoulda "•P"C the City a ccnifica1c of insurance . listing the City as an additional insured . Cil)' Altomcy Broumaa,alvizl Iha! we haven 't doilc thal. but we can look inlo it. Mr. Waggoner pointed out that if somcbod~ g:i:t,, bun on lhal wall. ii would seem like we should be an additional insured on Uieir insurance policy. so we duo ·1 end up funding something lhat we are 001 supposcct to do . (v) Council Member Habenicht I. She said she wanted 10 SL11e for lhe record lhnl she has rcc,,ived a phone clll from, Al Vonru llag and he send.I his bcsl wishes . Mayor Bums asked where he is. Ms. Habcm ch 1 noted her blml>and Chuck took the call , as she was at :-meeting . She said Mr . Vonninag. al that time. was m Tc.'Q.5. -Md lhq1 were managing a l11Uc staic campgrolUld for somebody whi le llley were 1ak10g a >aca uon . ~ were rcaJJy having a good lime and meeting a 101 of in tc rcs1ing peo ple . Mr . Vo muttag \\lshcd C\~OWC "-ell ......... CilyCaucU ,_.,,_,,7,1''8 .... U,nuo ) 11 ) ~IN 1!,!rt' ~~1•1 ."I '(,.ind>½ ~! ,.,,q l. • aoMed 1h11 • ~ 1M CML leaillMiw _...,,.., ondlpo11cy -.mltlec meellng, Ma. Hlllcaidlt .......... lo dnw-lloll IOI'-""' IO,t ohwpiitas 11111-•ei,1 oflhc policy ......._ Ole_ the ,......,neiodatioll fl'llm l!lll'looppooe Manha Kmrtz's lleallh I_,_., bill . s. aM lhe dlaughl ii -.ay inlaating !hat the dlllCUlllon ch..e 10 llltc no posillon in IMllilorina. Pat1af,L eou.:i1 Member Habenicbl 111gesled. since she is our rcprosenlalive wc may want 10 let her 11:Mw .. w,e _,;'nol ....,.ing oppoliJlg her bill . She opine.! lha!cood4ibdw,y politive. JI I Ai.. • IIOlal. Senate Bill 6 . SWwlillg. conle11•polllic!III IIIIMIMll0111 slanding 10 uiert or defend (lnllllll?« COIIIJIICI rights wilh -h Olbcr. The rec:onunendatlon. the vote. from the growth commlnce. ,. .. .,....,.... bul h wu wry highly contn,vellial. She said she thought that maybe Ibis is something. lbal if-City Allorncy is -aware of. Iha! nllybc wc look into ii lo see whal impllcorio ns it has for E,.....a. Because, she DOied. ii is dealing with municipalities or other govcmmcn1 bodies having aadillS ..... csll other. k is how WC relate lo Souih Subwt>in. how WC relate ID Sheridan , how we r.-• lllgMlad5 ~ llow lhey t<lale lo III and she opined. we need to look al ir carcl\Jlly and make _,,!Ill.., .., eithcl' supparling or 1101 supporting ,omelhing Iha! is in our own best interest . She su,red she lliills ii is a,mpUClll<d and WC need lo look II ii. J . SIie DOied. repnliag the intergovernmental agreement \\ith Sou1h Suburban . that Council has DOI ...,....--i ii. lflky.,. going to have ii come forward 10 Counoil ,,she •id. she wanted lo ask If lllil ~..,.,,._.that liJm1II ball ftetd and ,-Id they haYe 10 corne·badr. She advised she has some ---lha1, became al the neighborhood. and having ""1 problems with the lighting. and that . ..,. ...ai, ~ng the quality of life for the backyards ti1erc . She noted here we arc taking such grcer poia •..-:t mmc Littlemll residents on the Olher si.'lc. rrom some lighting problems, and here we arc Ooad lipling lb<:sc baclcyanls. Council Member Bradshaw noted ii is unlll I0 :00 p.m. Mayor Bums DC..t doey can do an amcndod PUD to do lha1 and Ibey could bring up !hose very same issues . City A-.y Brmzman said lhal is righl Council Member Bradshaw advised that those issues can be raised apia. • far as that agrccmcnl. Council Member Habenicht staled that is what she is ,,•.ally concerned _,._.Ille juSl lhoug}II * would make sure that Council knows those arc iS!UCS '"" lherc and that we do ltmc raide.-s that have been trying to communica1e with South Suburban over ::i< past 1hrcc 10 five years• Ibey llave been brashed off' and Mown olf over Ibis. She said she just wanted 10 make sure we arc -gning away the farm. Mayor Burns assured her 1ha1 they do nor hal'e carte bl anchc to build ..i-.a-they want. Council Member Bradshaw noted it was also the fac1 1har L"o; would help pay half of the pmting for the pool 100. 1h11 was the ltadc olf on that. Yes . Mayor Bums ~,id. 10 incrc.,sc the pamn~ ln regad to the parking. Council Member Clapp said. she not.i ced that they said they would s pl it costs on pa,kiag I.O acc:ommodalc these things with us . She asked if 1hcy ar 1 also willi ng to co111ribu1~ the same ana:8IC Gland for parking that we arc. Council Member Habcnicln suucd she agrees thi11 is an 1mponan1 p,occ. Sloe asltcd if lhat is in there. as she did n ·1 recall seeing that. Coaacil Member Bradshaw asked Council Member Clapp what she meant and asked that she say i i illlOdlc:Jr..,'I)'. Ms. Cl:\pp said ifwc arc going 10 splil the cos1s for parking in this agreement, fo r the s-immilllg pool and all of this. shouldn ·1 we also be putt ing up th e s:unc amount of land fo r p:i rk111g ~ia)a" 9ums noted that the question they had w:1s they would lake lhe parking lhat othcm'ISc \\Ou ld be on the Oty~s propcny, on the site required . and move land o,·cr into their property . where the ball field s :i re ln ame:r-,!s. take their property , lo expand lhe parlcin g. So. Ms . Clapp said , lhcy arc goi ng 10 put 111 bDd.. Coaacil Member Bradshaw stated they arc oontributing land . plus !hey are going 10 enhance the past:illg lot to the nonh . She oommcnted that during lhat meeting . every once in a whil e. lhc ,\ hole group ,.Ql)d lean baclc and go ... -.. e11 we arc gelling our share " ... so she sa id . lhe body langua ge wns prclty e,-.cli:DL • • • • • l•lltwllod City Council Fcbni1ry 17, 1998 Papn COW!Cil Member Hahenichl commented that she IIOlie<d lh<n is 1aa,1,..,. the .ua:t. !'tom thc ballpa,1', for sale right now. Cooncil Member Gam:11 asked iflhal is oa the -side oCWi..ia-n:. Ms . Hllbenichl saiJ lhal would be a 10! CIOll.r lhan 0.1)' other pattina to lhol blllput and she lhoughl llwt MJUld be a oicc pla.:e for them to have patting. And ii wouldn '1 iniatift w.'lh our nature an:a . Council Member Bnidslutw llllted if it is by RBI . Mayor Bums ulted if ii Is I>, the car ,..,,,,h , Council Member Habenicht said II Is somcwhcn: thcr<. 13. City r..1n1gcr'1 Rtpor1 (a) City Manager Scars thanlted Council and swl', bc:camc he said he really thinks it has btcn a lot ufwork, that a lot ofp,oplo have p,•t into il 10 move ahead •iih the Cinderella City project. And. he said, he thinks that with the agreements and this 90 day time mmc:. that we have a mission to 100\'C ahead on this project and get it to a stale when: i: can be builL Bui. he stated. he knows stall' has worked hanl on that and he jt.'SI wanted 10 say lhJnks to than for tbcirdfons and to Council for their scf!1tiny and review . (b) City Manager Scats advised that he was selected too> do a =1cw of• gr.i<luatc school of public aft'airs procr.un in Santa Fe. He said they arc paying Ute full ,-ay and he will be taking a couple of holidays lhal week . He Doted he just wanted 10 lei Council know Llul he ,.-ouldn ·1 be hen: later thts week , for that purpose, and the City is in good hands with Chuck Estoty and Slaff. So. he said, he was sun: they will take can: of thing:; di.ring the time he is go ne. (c) City Manager Scars staled he appr<ciated the comments on the code cnforctment. He a,hiscd he will make 1ha1 a high priority . He said he knew that would be a difficult issue. as it is 1n al:nost r:vcry city tlJ'Ound. He pointed oul that it is nol onl)' the manntt of what the violnuon 1s. bul how 11 is follo\\'Cd up on . It lakes a lot of skill and abi lity to deal with both Sides of these issues. Mr. Scars acknowledgccl that he hasn't n:ally looked al that , but what he w01tld lik e lo do IS work toward some long tcr.11 solution . It will lake a lruJc bit of time. but. he noted. he 1s not s;uc 1f 11 ,s being as cflt:c:1ivcl~ done as it shoul d be done. He assured lhcm that he hears exactly . Counc,J', concerns As with the Housing Authori;y , he scjd, he thinks Ibey occd to lay some alternati\'cs cut ro Council on how we can maybe do a little bir belle• job of trying to work throuth that issue. Bul he reitenllcd. 11 will lake • little bit of umc 10 move inlo that. 14 . City Attomty's R,por1 Cily At1omey Brotzman did not have any mancrs 10 bnng before Council. 15 . Adjoumrncnt The mcclln g adJourni:d :n IJ -'8 p m