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HomeMy WebLinkAbout1998-08-03 (Regular) Meeting Minutes• • • ENGLEWOOD CITY COUN.Cll- ENGLEWOOD, ARAPA'IIOE COUNTY, COLORADO h1111l1rSeuioe AUGUST J, 1998 I. Call to Order The rcgula. meeting oflhc Englewood Ciiy Council was called 10 order by Mayor Bwm 11 7 :50 p.m. 2. u,·ocation TI1c invocation was given by Council Member Nabholz. 3. Pledge or Allegiance The Pledge of Allegiance was led by Mayor Bums. 4. Roll Call Prcscni: Absent A quorum was present. Council Members Nabholz. Garrett, Brad$haw, Habmicbt, Waggoner, Bums Co uncil Member Clapp Also present: City Manager Sean 5. Minulc5 Ciiy Allnmcy Brotzman Dcpuly Cily Clerk Castle Housing Finance Specialist Grimmett Director Simpson. Neighborhood and Bus iness [)c,dopmcnt Din:ctor Black. Parks and Rocrcation Police Opcr:11ions Dl\i sion Chief Vandcrmcc {a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPIIOVE THE MINUTES OF TUE REGULAR MEETING OF JULY 20, 19'8. Ayes : Council Members Nabhol z, Bradshaw. Habenicht. Nays : Abs 1ain : Absc nl: The motion earned. Waggo ner. Burns None Cou ncil Member Gancu Counci l Membe r Clapp (b) COUNC IL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF TUE SPECIAL MEETING OF JULY 27, 1998. Ayes : Council M,,111>ers lh bholz. Garrell Bradsha-.. Habaucht, Waggoner, Bums Englc,>oo,jl<City Council August 3. 1998 Page 2 Nays : Absent The -carried. 6. Scaeduled Vi,iton There wc:R no scheduled visitors . 7. -.scb~uled Viliton None Council Member Onpp lll I Robin Lenz-Salls, President and Exccuti\'c Director of the Grc:.ucr Englewood Chamber of Comma:cc. reminded Council thal the Chamber has been actively participating in the South Broadway S1ccrillg Oommiucc meetings . Ms . Lenz-Salls advised that. because some of the members have c.'<prcsscd some c:ooarns. the B°''lrd of Directors devised a lcucr. which she shared with Council. as follows : ·Dear Coumcil Members. Tile Grater Engle"ood Chamber of Commerce would like to congratulate City Council and Cit)' stalHor Y""" progress on the South Broadw.iy Plan. You have taken an idea and th roug h diligenl effon brooght li,w,'ltd a plan roady for implementation. In regards 10 concepl we extend our support of tl1e cuITCU~ pllan. We do however ha\'c concerns with specifics lhilt \\ill need to be addressed to cncournge partic,pacmn and success . Our concerns arc the following: ~m matching funds and/or low inlcrcst loans be made available 10 assist pan1cipating bustrtieSSeS" \l'ill present zoning and ordinances be vie-.vcd creati\·ely to allo\\ the plan to be implemented as needed? 'A'iil l cons1dcralion be y.i\·en 10 pcnnit businesses to keep landscaping funJs to improve/change cxtcnors .an d signage? ~'hat procc$S will be used to rc\'icw new and crcati\'C ideas" hi ch a plan of this magnitude may crc:uc? As we see ,these conce rns addrcs.l,Cd we look forw;1rd lo extending our full suppon Again, we congrantlun~ your cffons for your progress . ~--Brian Yaklich. Chainnan of the Board ." b; Lester Myc". ~19 5 South Clarkson Slreel. told Council 1h01 he is a native of Colorado . • and has never e..,,:,cricnccd so many problems in a city as he has in the last three years in Engl ewood . regardin g l\andalism nnd things of that nature . He slated that he is being harassed by Code Enforcemem Officcn. "'D'bcn: ha\'C been SC\'Cral notices for things that did not have an~1hing 10 do with him personally. he stated. A noucc was left on hi s door about some sewer pipes that were laying in the alley. he said. which the C i~ left layi ng there They were not even mine, he said . Th e~ arc up against my garage. he conunued.. 'but I do 1101 ha\'c a '-''3)' to move them . Mr . Myers stated lhat Code Enforcement al so ga\'e him a ticket ta:;; "'ttk.. allhough he had a temporary pcnnit in the \\indow . When he called 10 ask lhem about it. he was,!lDld he \\Ould hJ\e 10 lake it 10 coun . Some other people in the office said she could ha\'e \"0 1daf thmt tide1. he said. and s..wcd him the trouble of having to go to co un . There arc fi\'C Code Enforcement Office rs in the Cit) of En glewood, which suprised him . he sa id . because he (eels that is o\·er staffed. E-5.! said he secs them dn\'ing nround quile a bi 1. .i nd he knows fro m working with other cu~ cou11CUS 1111 lhc past that Nonhglenn. for in sta nce. on!y has one Code Enfo rceme nt Officer wh o also docs • parkin g. Mr ~l~ers said he is not sure of the popula1ion ralio betwee n 1hc 1,,0 ci lics . bul he oprncd that 1 Englewood City Cotrncll August 3, I 998 Pnge 3 wc need ,r-. -c police protection here than wc do Qldc eoforccmcnL lkRCallcd.5Cyc[lll iQcidcnts when, he has had wlnac.:< broken out and It laltcs up to lwo hou~ f~r lhc poilcsalr,ccr!Al "5P"nd to t'hc call . He said he is looking 1 .. " suggestions as to what we can do to rcsoh·c soaedthae. problems, because !her: is n lot ofvandnlism in tne City of Englewood. He said he would also lilt&: to know who his Cil)' Council Member is . Council Member Nabholz infonncd him that his r ,pn,scnllltivc is C.-:il Member Cla;,p. and any of Ute Council Members At-Large . Mr. Myers again asked for suggestions . Mayor Burns said lha~ nonnally, wc do no! dialogue at this point. We !have a Code Enforcement Adl'isory Comminec thal is in the process now. he said. because we r..,,. noa:n·cd feedback from the citizens that they wanted mare code enforcement. He said that. in Mr-. Myers · case. the City Manager can find out his panicular circumstances and wbi;thcr he has had a number af citations or con~cts that arc no1 his fault Mayor Bums said the Ci!)' docs r,ol go ou t of the way to WII'( cawn citizens. and we ~-to be somewhat n,asonable aboul these things. We have an emphasis from die public on code enforceme nt. As far as how this is carried out on an individual basis at an individual ~ be said, lhC\' arc all a little dilfcnonl. Certainly Ute City M.,nagcr's office could look into your c:imamslanc:es, he added. lha1 may require some particular sensitivity or Dltcntion. Mayor Bums asked Police Operations Division Clticf Vandennce if he knew anything about this panicular address . Mr. Vandermcc n:spoodcd lhal he did not. bul fUIIOSlcd tbat Mr. Myers lcal'e his phone number so he could conlllct him tomorrow to obtain !he pa,ticubrs. He said he ,.;u do an inquir,• and give him a written response . Mr . Myers said there have been several th , .1 that he has rcqucs1cd a police response and they ha\'c nc\·er bothered to return his calls , We had two vcniclcs with broken windows "ithio one week of each other. he said. and he spoke to one officer who said there were approxima1cly lbrty in thal neighborhood . Mayor Bums said you should always gel a response and there arc scmcimc:s Ofhcr emergency calls Ihm happen in between. whkh might delay a response, but certainly there sbould aJways be a response or phone call back . c) MaJ)' Piper . 2929 West Union Ave nue. told Council that she had given them ea ch a list or questions com.eming the Denver Waste Transfer Stat.on Planned Usit Dc\-clopmcnt . \\h.tch she is \·cry mu ch conccmc~ about. She said she would like to read tbough the qoesti ons. and asked thal they be answered sometime in 1.he ''Cl)' near future . because it appears that th.tm&s are mo\'ing pret~ fast on this . Ms . Piper read the following : "The Communit y Development Office of the City of Shcridaa has IJUo nncd us 1ha t Dcn \'er Waste System s pl ans a wasr e transfe r station for !he prope ny j ust= of lhc lak e and \\Cst oflh c Pl atte River on West Union Avenue . Ha \·c En glewood offi cials been in\'olvcd witl1 the City of S bcndan "s decision to permit Lh.is Plann ed Unit Development for a was1e transfer station" To what c:\:lenl has Englewood approved of this decisJOn ? How mu ch pro pcn y docs Englewood own in tllis Planned Um:1 I)e,.clo pmcm proposa.l ? t!ngtcwood CII)• Council il.upsa 3, 1998 1-,-JJ )Lo -H:ll'Q ' I IJ/. l':acc4 We asswne an Environmental Impact Study has been compleu:ll. Has the Impact Statement dctennlned how this sensitive environmental ar<a will be Impacted? Wluu does the Environmental Impact Study propose 10 protect persons. property, waterways, open space. wetlands, underground waler sources, and the environment. per~? Has the City or Englewood provided prtlcction for Its citizcns by pressing the City of Sheridan lo provide ingress/egress for their Heavy Industrial District Planned Unit Dcvclopmen~ especially due 10 the fact that the current 'no truck' signing on West Union Avenue cannot be enforced? TI1e industrial lrallic from Sheridan's e.,isting industrial use has already impacted neighboring rcsidcntiaJ disL icts. How docs Sheridan plan 10 route access for their expanded he1vy industrial opcrntion? Have Ille citizens living along West Union Avenue been ad,ised as 10 the proposed land use and what PUD means? Why should this Englewood community alrcad)' challenged by a waste lrnnJfer Slllion be the rq,osilol)' for Meuo Denver's waste? The stench from Waste Management's transfer station is alrea<I)· bad . How ,,ill the stench of more rotting garbage and sewage affect 1he health and safety of those lhing nearby? Does the Environmental Impact Statement weigh the effect ofn,o waste transfer stations in close proximity. the additional traffic through nearby rcsidcntinl areas. the pollut io n. dust. noise, toxic hazards. Slcnch. future property devaluation nnd perhaps land lost to con1amina1ion? Docs i1 consider the run-off of chemicals in10 the Plane River (a drinking wa1cr source nnd recreational waterway). ard the leaching into the underground stream 1ha1 feeds the lake ? Is 1his Pla.nacci Unit Development 10 be buill on pnrt of an old land.fiii ? If so. has the soil been tested for radioactive paniclcs? Docs the Planned Unit Development comply with all federal acts such as lhe Federal Water Pollution Act. the Clean Air Act. Resource Conscr\'alion nnd RecO\·cry Act. and all other applicable federal regulations?" Ms.. Piper said these questions arc very imponanl 10 those who live in the area. and in the very nc;ir fururc. we wouJd like to have this on tl1e agenda or in a meeting where these concerns can be discusse d. Cov.nci l Member Bradshaw asked when the PUD will be going before the Sherid;m Pl annin g and Zoning Commission . Ms . Piper said she docs nol know . The Ci1y of Shend.anJU51 told !hem to wa1ch for the signs. which \\Ould go up on !he propcn~ about two wee ks in advance of the meeti ng. and to check the Englewood Herald We h:wc been told that it has alre:i.dy been appro,·ed for the build ing of :m office and a nareho usc . but tJ1e transfer st:11i on ha s no! come before thc:n . she s.1id . ~~o r Bum s advised that most of Council lms only known about this for a couple of d.1~·s. He s.1id th.11 Cu~ ~tanager Scars intended to ad dress this under his remarks la1 i:r in the meetin g, bu! suggested 1hat he nug..bl like lo speak to it now . • Ct~ Manager ~rs respo nd ed that e\'c rylhing we know now is somc\\hat sket ch~ He said he heJ.rd about this at the m.1yor/man:igcr brcakfa.s1 on Fnday before lasl when Shendan Manager Rani:!y faun[, • menuoncd to him rhat there was some pl;m th:11 w;is being looked :i t by Shendan olfic1als Mr . Scars sai d be set up a meeting with Mr Youn g last r-.1o nd:l.} 10 lake a look al ,1 hat \\J S happcnmg He learned that • • • ~nglcwood City Council Angust 3, 199K Pnge 5 !heir Co1111cil had approvod °" first n:adi11&-...,_ ""°" goiag 11:.sou&)i any olhcr analysis, and over tho obJCC1ion of both ihe Commun ity Development Oiilaclor and the Community Admini11ra10r, • plan for the sile to Include• shop and nn office building. T1,c l'UD,... to be forthcoming , although he did not know when. Mr. Searl said he wcn1 out 1q the lile, __. .. aow clcaml off. and made c:o111ac1 with Ted Zigan, who apparcnlly is tl1e owner of the site . He~ that he could gire Ms . Piper h's telephone number. Mr. Ziaon mcationcd to Mr. Scars about potcaiala, nuaning a hydrant along the Englewood propcny, which i1 In public service along Union ,._.._ a.I Ille ,.,uuod to sec if 1herc was suppon with U1e Englc11<>od City Council for him to do thal for lite--.,,rasiOD purposes . Mr . Scars ,;aid they got inlo a lilUe bit or a discussion la5I Monday night about 1h;aus_pa,1 of the evaluation, but they did DOI go into any funher detail . Mr. Sears said he called Mr. Zipa a Tuesday and told him they had not had an opponur.i:y 10 talk about this in dcwl, but the City mEn&lcwood had~ 101 or concerns about that silt. In particular all the issues that Ms. Piper raised. the l'.dllionship to the lake. the stream . the acccs.s onto the property . continuation of traffic enforcement issues. fire suppress ion. and whether or not the septic S)'stcm they arc proposing would WOik. They did 1101 lr.no\lo "'hclher a shallow "ell would wort.. bc=sc tlicrc is no water source throu&)i our S)'51Cm Iha! they arc_, to tap into or Dcn.-er 's S):ste10 . ~,h-. Zigan said he guessed lhc City of Englewood is in opposi1ion to Illa. He proposed 10 Mr. Scars lhal he w,uJd move U1e 1ransfer station a"11y from the lake ifwe would ,.o11: •ith him wi1h the hydrant. Mr. Sea,; said he did not have authority to do 1hat. and Mr. Zigan said filllc. baaed on 1lia1. hens going 10 p,:·. the transfer station nc.'<l to the lake . Mr. Sca rs said 1hcy did not lca,-c in a ,·cry positi\·c relationship a1 1ha1 point . Subsequently. Mr. Scars said he has llicd 10 get"' ""8C11 wi1h Mr. Young. and ho has been •nable 10 do so. and docs not know 1hc st3tus of the issue in -..ermsaf where Sheridan ·s Council is . He said he understands. however. u,11 it is zoned hca,'Y iJldulL,ial, ud to ,:hansc Iha! use would either be a tal<ing of propeny or down z.oning of propeny . He said it lS a 11l5C by rig.ht that th~· can go in there and develop that. Mr. Scars said he has instructed staff to Like: a. r...u at ali' of 1hc is.sues relating to fire suppression. and whether or not they arc meeting the fire code. V..c na~t been in contact "ith 1he County . which would appro\'e the septic system . he said . as the City wou!C. lha\'C 10 get appro, al from the County or hc:iltl1 department to do thnl . We do not have an arrang:cmi:mt thal would encourage a water line , he added . He said all these issues hai.re been mentioned to Randy Y ung. the Shendan City Administrator, and he encouraged Ms . Piper to brin g this letter to the Shcnoan City Council and inform them of all thcS1 concerns . Mr. Scars s:iid he is looking for the din:an;m of our Council He said his intention is to discuss \\ith Mr . Young any alternatives that may be looked a for that Sile and then bring them back 10 Council. He stressed I hat Council is \'Cry concerned about I.bis 19SUC. Ms. Piper said they in.end to approach SbtridaD willl ibcsc qucstions and more. bul arc hoping for Eng lewood's support. because this is a serious situarian. She asked if the~ :ire not required to have a.n environmental impact statement and study done v.bctli a septic S),Slcm 1s pla nned next to a fi shing lake . Mr . Scars said he docs not 1hink so. as they have thct:: 0 '411 SC1 of regulations and bu1ld1ng codes that they follow . They are an incorporated corruuuruty, so Ulq, ca n do that. There arc. ho"C\'er. a number or concerns with the department of health. and othcn. qarding tJ1c land.fill and those rclalions "itJ 1 tl1e wate rways. wh ere they may have 10 ie1 some app l"O\ia;i!. TI,~ h.1,e thc:r o,,n 1111em:il planning process. however. and 1hcy arc 1101 subject to our rules and ~tions. Ms . Piper said it is her understanding that 1hcy \4-anl l10 use it for all the trucks that no\\ go to Eagle. lik e Summit and BFI and all th ese ot lters. She asked Mr 5.ea"S if he h.1s asked how th ey intend 10 get 10 that propcny . Council Member Brad shaw sl ated 1ha1 she called Cownal Member Wa ldo . from Sheridan. 1~1,· and chalt cd with hi m. and he t,as 1cally sai d they ha\'e dcod::d lo pul 111 n. so lt\e wuh II Ms . Brad~haw sai d she told him that was 1101 acce p1able . She said she 15.!IJDing to call so me more counc1\ people v,'C f Lhcrc Ellglcwood City Council August 3, 1998 Page6 and she cncaura1cd Ms. Piper to punuc the PUD hearing. She Mked Ms. Piper to call IJIG let her ~ where it Is, so that she can attend . Ms . Pir<:r utced if there is anything else they can suucst for them to do in the interim . Mayor fl'lffll sllid he can coniact their mayor and council people . Ms . Piper said once that goes in. the value of their propcny will be gone. She added that . right now, the truclc traffic baclc on Union is bad again. ¼II)' times it is the same olTenders that arc doing It, people who alroedy know they arc not suppo,cd to be thott, As long 35 thcrc is not a potrol car there. they will do it if they can . The police come. and they t,y to do something about ii. but two or three days , or sometimes hours later, they arc right back at ii again. W1m is this going to do to ua, then. she asked . We dcsoM better than Oia~ and anything Council cin do to help would be apprcci.icd. She said she would also appreciate getting together for• study· on the si1uation . M,. Piper asked if they would have 10 hook onto a sewer line. Mr. Scars said they arc saying they a,e going 10 use a septic system . Ms. Piper asked if they won ·1 have to use a sewer line at all then . The Stale and the County must approve 11ml , Mr . Sears said, nnd we don 't know what the rcgulations •re at this point. We lu:\'e voiced opposition to it through our stalT IC\·el , but , again. tlois is not in Englewood 's jurisdiction so ,ve don't have the abili1y to veto, he explained . Mayor Bum, and Council than~cd Ms . Piper for coming . Communications. Proc:l1m11lons and Appolnhllfftt1 There were no communicuions. proclamations. or appointments. Puhllc Hearin& No public hearing W35 scheduled before Council . 10 Consent Agenda (a) Appro\'al ofOrdin.1nccs on Farsi Reading TI1crc were no additional i1cms subrnilted for aprro val on first reading . (See Agenda Item 11 -Rqnl:ar Age nda .) (b) Approva l of Ordinances on S1.-cond Rc.1ding COUNCIL MEMBER WAGGONER MO\'Ell, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS IO (b) (i) THROUGH (iv) ON SECOND READING. (i) ORDINANCE NO . 50, SERIES OF 19 98 (COUNCIL BILL NO 40 , INTRODUCED BY COUNC IL MEMBER NABHOL?) AN ORD INANCE AlJTHORJZING A GRANT OF WATER LINE EASEMENT BETWEEN THE CITY OF ENGLE WOOD . COLORADO AND STEPHEN AND LORI MILLER FOR THE PURPOSE OF INS T ALLING A WATER MAIN JUST NORTH OF EAST BA TES ON SO!ITH EMERSON STREt7' (ii) ORDINANCE NO . 51. SERIE S OF 1998 (COUNC IL BILL 1"0. 42 . INTRODUCED BY COUNCIL MEMBER NABHOLZ) • • • • • Englewood City Co11ncll August 3, 1998 Page 7 II l· I!''" AN ORDINANCE APPROW!lG ANJNTERGOVERNMENTAL AI/REEMENT FOR MAINTENANCE OF LANDSCAPING ALONG 1HE SOUTH SANT A FE CORRIDOR BETWEE~ THE CITY OF ENGLEWOOD , COLORADO ANO THE CITY OF SHERIDAN . (iii) ORDINANCE NO. 52. SERIES OF 1998 (COUNCIL BILL NO. 43, [NTRODUCED BY COUNCIi.. .MB,ffiER NAB HOLZ) AN ORDINANCE AtJillORliZING THE VACATION OF AN ElGHT FOOT llfh.lTY EASEMENT ON THE SOtrrn SIDE Of LOV'S I, 2 AND J BEU.E ISLE GARDENS SUBDlVISION . 2ND FILlNG LOCATED AT THE SOlJTHEAST CORNER OF WEST TUFTS A VENUE AND SOUTH WINDERMERE STREET. (iv) ORDJNA.>.;CE NO. 5J. SERIES OF 1998 (COUNCIL BILL NO. 44 , ll'ffRODUCED BY COUNCIL MEMBER NABHOLZ) AN ORDINANCE AlJllf()IUHNG THE VACATION OF RIGHT.OF-WAY LOCATED INTHE 1800 BLOCK OF WEST CORNEU. A VE:S'UE AND SOUTH SHOSHO NE STREET BY lHE CITY OF ENGLEWOOD. COLORADO. Vote l"Cllllls: A~c,;: Council Members Nabholz. Garrell. Bradsha\\, Habenicht. Waggoner, Bwns Nays : None Abscnl : Council Member Clapp The mor io n cruTicd . (c) Rcsolulioos aad Motions COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE C.:iNSENT AGENDA ln:M 10 (c) (i). (i) A CONTRACT FOR CONSTRUL1'10N OF CONCRETE UTILITY 98 WITH THO!JTT tlROTHERS CONOIETE CONTRACTORS. INCORPORATED lN THE AMOUNT OF $2 98, 382 .25 . Vote resuUs: Ayes · Council Members Nabholz. Garrell. Bradshaw, Habenicht, Waggoner. cums Na~s . !'lone Abscn1 Counci l Member Clapp Th e mot..ion earned 11. Rei,,lar Agenda (a) . pprc·.aJ of Ordinances on First Rc.1ding Mayor Bums su1cd that u.nda ~gcorla Item 11 (a) \\C ha ve four ucms that pcna111 to the Eng lc"ood Hou sing Au1hori1y. the Histonca.l Socu:ty and the City involving 1he Depol. Bc c-..iuse hr chairs lhe Housing Autl1o!'"i1y. Mayor Bu.ms sa1e1 he has been advised by I.hi! ti1y Auomcy tha: he is connicted and Englewood ity Cou,,r.11 Augu.<1 J, I 99~ Page 8 should absuiin from votina on !005\' items. Al1<1. he said, Aacnda Item 11 (a) (iv) i, in nod loll~ revision. This is the Installment ,ontmc! between tfy: City and Ute rlist0fical Soclay, he~ and 1we have been L<ked by miff to pull that it e/n . Mayor Bums lell the dais and asked Mayor l'nl>T-Habenicht lo chair this ponion or the meeting. (i) Housing Finance Specialist Grimmc:11 ~~nted a rccommadmmn !'mm the Englewood Housing Authority to adopt n Bill for an Otdinance approving the sale ofa pnlplClt)' de\-c:oped for Project BUILD . Ms. Grimmett advised that this Is just a housclceping matter requc:stulJI. that U." properly at 777 West Oxford Avenue be approved for sale. The oroject has been compk,redl 'She said, •,·e have a contract on ii and we need to be :tble to close on the propcey , The Deputy City Clerk was asked to read Council Bill No . 45 by ti~e : COUNCIL BILL NO 45, INTRODUCED BY COUNCIL MEMBER BRADSHAW A IIILL FOR AN ORDINANCE APPROVING TiiE SALE ON TIIE OFEN M/JU<ET OF A PROPl:R1'Y . WIDCH WAS DEVELOPED FOR TiiE "BUILD" PROJECT. COUNCIL MEMBER BRADSHAW MOVED, ANll IT WAS SECONDED, TO A"90VE AGENDA ITEM 11 (al (I) • COUNCIL BILL NO. 45 ON FIRST R£AlllNG. Ayes : Council Member, Nabholz. Uarrctt. Bradsha\\. Habc:u•:::ht Waggoner Nays : None Abstain : Mayor Bums • Absent: Council Member Clapp The molkm carried . (ii) Dircclor Simpson prcscnlcd a rccommc!ndation from the Dcpamment of Neighborhood rnd Business OC\·elopmcnt to adopt a Bill for ai1 Ordinance ~pproving the p urchase. under ccnain 1e:m1s and conditions. or the Depot property from 1hc Englewood Historical Sool!t!l Mr. Simpson asked the City Allomey if the~ Q.ii; ciil)' issues. City Atto:-ncy Brotzm:m said Lherc is a Council quest ion on this . Council Member Nabholz said she would like clarification . She asked if there \\--as some ,.,-erbta gc th:11 needed to be cleaned up . Mr . Brotzman said this is actually the purchase from the Historical Society and the re has b=.n no objccti ,:::; io this one by the Hi storical Society or the Hou,;in g Au1hori ry . Co.mci l Member Ha be ni cht as ked for clarificali on as to whether she ca n vole on this if sht: :.S ai ~ember of 1hc.: t-. istoric.11 Sode r~ Cit ~ Attorney Brot zman ad \'iscd th :i t she ca n \·or e The Deputy City Clerk was as ked 10 rc..1d Co un cil 8 1II No -'6 b~ ti tle COUNCIL BILL NO 46. INTRO DUCED BY COUNCIL ME MBER BRAD SHAW A BILL FOR AN ORDI NANCE APPR OVI NG PUR CHAS E. UN DER CERTAI N TER.~lS AND CONDITIONS . OF THE Ui:POT PROPERn FROM ENGLEWOOD HISTORJC AL SOlCIETY . COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDFD. 10 .-'ll'P'ROVE AGENDA ITEM 11 (a ) (ii )-COUNCIL BILL NO . 46 ON FIRST RE> rlNG. • • • • ~ City Council Alapa J, 1998 ,,.., Ayes : Nays : AbSLtin · Absent : Council Members Nnbholz. Ganet~ Bradshaw, Habenicht, Waggoner None Ma)-orBums Council Member Clapp The .-otion carried . (iii) Director Simpson presenlcd a recommendation from the Dcpanmcnl of Nd~ and Business Development ta ,dopt a Bill for an Ordinance approving the e.,changc of Cil)._-ned real property for real property owned by the Engle1<-ood Housing Authority under certllin i.:ms :and cooditions . Mr Simpson said that each one of these relates to some aspect of the Depot prop<lll . Ooe is for purchase of the building, one is for the ground, and this one is an exchange of some o(thc parking area near the Depot for comparable value propenies along South Inca and South Acoma . he o,q,laiaal. Rq;,n5i,IJ the memo Council rcc,:ivcd on the back of lhc infonnation page. Council Member Bradshaw said. .. ~ thin! paragrnph, it says ·as an EHA program, Project BUILD would not be required to meet City pcllicies. and procedures or subject to City oversight." She asked what that means . Mr Smg,son responded tha1. under lhis panicular nrrangcmcnt, because we :ire using onl~ ProJcct BlJll..D funds mo.acquire the Depot pro;,crty. there will be no more City money and we will not h.-c direct 0\-ersig.'bt of that program any longer. It will be totally a Housing Authority program . They h.-·c made a commiancnl to follow similar guidelines that tJ1cy have in the past and continue a working relationship with ...., lbul it is fair to say they do DOI have to, he said. The Dq,uty City Clerk was asked to r<ad Council Bill No . 47 by title : COUNCi!L Bll.L NO . 47 , INTilODUCED BY COUNCIL MEMBER BRADSHAW A BIU.iFOR AN ORDINANCE APPROVING EXCHANGE OF CITY-OWNED REAL PROPERTY FOR REAL PROPERTY OWNED BY ENGLEWOOD HOUSING AUTHORITY UNDER CERT A1N TERMS .AND CONDITIONS. COUl'ICIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED, TO APPROVE AGEl'lllA rrt:M 11 (a) (iii)-COUNCIL BILL NO. 47 ON FIRST READING. A)es: Council Members Nabholz. Garren . Bradshaw. Habeni ch t. Waggoner Nays : None Abstain : Mayor Bums Absent : Council Member Clopp The mooon cmed. Ma~or Bums resumed his position on the d.11s . (h) Council :Jill No . 48 was pulled (!"" p.1gc.s 7 and 8 ) (b) Appro,,al ofOrdinan~ on Second Reading There l&'CJ'C no additional items submitted for approval on second : .:ading . (Sec Age nda hem IO - Conscm Agenda.} (c) Rcsolu1ion s and Motions l!nglcwood Ci1y Council Ausust 3, 1998 Pttge 10 (i) Director Gryglcwicz pr<SClll<d a rcc,,maaidalion from the Depanmcnt of •A 'I Financ ial Services 10 adopt a resolutio n approving the approjlrialiaa al'tr.lnSfer of funds to the Englewood Urban Renewal Aulhority for legal service,. Mr. Gryglcwicz pc'Qiuncil some backpound on thll mailer. He stated tha~ in 1985, the Authority issued tax i-dd>t in just over $30 million . In June of 1991 , t.h,: Authority did not make its debt service and the tnast<,:<lccmcd the bonds in default . November 26, 1997, the trustee filed a lawsuit against the City. die County and the Authority. Unfonunatcly, he advised, the Authority has no funds ofits °"'n aJlll!I is requesting funds from the City to defend itself in the lawsuit filed in November of 1997. Council Bill No . 8. Series of 1983 , which was approved February 22, 1983 , provided for , not only staffing to aaii,a the Authority, bul also the funding of legal services. Th ey arc , therefore . requesting a 1ran.sfer ofS~.OOolJOO to the Au1hority and the Authority will amend its own budget for that amoun~ he said. Mayor Bums asked how they arrived at that figure . Mr. Gryglcwicz rapondcd 1ha1 ii is just on cstlmale from their 31lomcy . Mayor Bums asked if they would repon badr. 110 Council as 10 how much oftha1 they spend. Mr. Gryglcwicz said lhcy a.re auditcd,just like the rcs1 oftiic City funds . TI1e bills are actually looked at by City Auorncy Broizman and lhc Au1hori1y. Mr . BrOCZlman added thal they are reviewed the same as all outs ide counsel. The resolution was assigned a number and read by title . RESOLUTION NO . 87 . SERIES OF 1998 A RESOLUTION FOR THE APPROPRIATION AND TRANSFER OF FUNDS FROM THE 1998 BUDGET TO TIIB ENGLEWOOD URBAN RENEWAL AIJTHOPJTY (EURA). COUNCIL MEMBER WAGGONER MOVED, AND IT WA~ SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i)-RESOLUTION NO. 87 , SERIES OF 1998. Council Member Habeni cht ask ed if thi s in any way comprom.iscs ll!5 mto an)thing involved in this litigation . Mr . Brot 1.man said we arc currentl y in thi s lawsui t oursdvcs and we have separate outside counsel. We did review th e ::igrcement 10 be il.lrc there wou ld sun be a separa tion between EURA and the Ci 1y, and having ,cparalc outs ide co unse l for EURA actually smni!!iliens tha1 pcs i1 ion. he advised . Coun cil Member Wa ggo ner commented that \\e ha\'C also paid semi: of thc1r lega l fees in previous years . Volt results: Ayes: Nays : Abse nt. The moli on ca rri ed. 12. General Di sc uss ion (a) Mayo r's Choice Coun cil Members Nabholz. Ga.:---,,elt Bradsha \\, Habeni cht . Waggoner, Bums No ne Co un cil Membe r Clap p (:) May or Bums e.xp resscd co nce rn ave: tk transfe r faci lity nea r Ce nt enn ia l Pa rk. • He s.1id he looks fon wiid to a rcpon fr om staff and the City All orn~ regardi ng all the impli ca tio ns of that • so Coun cil c.1 n rcvi,~w :md de termin e a co urse of aclion • • • Englewood Ch) Council Au£1111 3, 1998 Page II (ii) Mayor Bum, commc111ed 1h01 we hnve been ge1ting a 101 of publicity in the last couple of days regarding the demoliUon ofCinden:111 Cily . Then: is a demolition ce lebration scheduled for Aupst 11•. We have bad bdlcop1cr1 hovcrin1 over the center u wo came to work toni&htand a 101 of n:ports, so we arc getting a 101 of in1ercs1 In what wo are doing "ith that project. (iii) Mayor Bums said he has his repon from the CML Conference 1onigl11 . (iv) Mayor Burns said he heard today that Den\'cr has what they call ··early voting" in the primary . He asked if"~ have thal in Englewood . Counc il Member Nabholz said that Arapahoe COOUlty docs also. out in the 5200 block of South Federal Boulevard . (v) Mayor Bums reminded everyone that tomorrow night is NalioMI Nighl Ou1 . He encouraged Council 10 panicipatc in tlial, adding 1ha1 he has about six places scheduled "' go in three houn. (b) Council ~ .. o.t,c(s Choice (i) Co.rcil Member Nabholz : I. She asked if Code ii nfon:cmen1 has gouen their phones fixed ict. City Manager Scars sald he spoke with Manager of lnfo,,nation Services Diebold n:garding tl1e phones . He said Mr. Diebold is woiltiag 1'ith U.S. West to complete 1hosc improvements ond tl1cy wen: mO\ing quickly ahead "ith that transfer. Ms . Nabholz said she has had numerous calls lod.iy and it is n:aJ frusira1ing not to be able 10 get a hold or Code Enforcemcnl. 2. She said she wonden:d if Council would be intercSled in donating SZS .00 to the SK run for th• Alie Bcrrclez Foundation . Last year we donated about one or t,10 hundn:d dollars 10 the golf 1oumamcn~ she said, opining th.it it would be a nice gesture on the City 's pnn to donate S25 .00 . She aslccd if we an: juSI 10 go to block panics "ilhin our Distri c~ or \\ill then: be a list. Mayor Bums said he has a list. He suggCSlcd that she coll Officer Pc1mon C.1y Manager Scars sa,d that he ala, f'CCffl'Cd a list and he '4ill caJJ Officer Peterson in the morning and sec 1f she nill send on e to her. 4. Ms . Nabholz s.1id she h.1d a great Saturday :u Belle\•1e,\ Park There \\_.r:', lot of children there and they cleaned up be.hind bleachers . sh e said . They all had a fun umc and n w.u 1:,, ,! ,o sec those ku1s work (i1) Council Member Garn:11 : I. He sai d he would like to sec a report on Denver Was1 e S~ stems rc gJrd ing lc g.1 1 as well as pol iucn l options . Not just a pure leg.i i analysis. but other possible actions and maybe a list of people we could con1ac1. The Uni on 1n1ck problem is bnek with us. he co mment ed He sai d he would like 10 sec \\ h..1I cnfo n::cmcnt cffons \\C can m:ik c or have been m:ikm g Mr. Garrett adnscd . fo r !hose who frcquel\l 1h c Recre:i uon Ccn 1cr. !hey no\\ ha\'C a ta\emous carpe ted an:a thal 1s going 10 be a vcf) uice facilit y for free \\e iglll5 as well as the ma chines . On the do,\n side . we h,1ve been missing a fou nh exercise bike for nlmosl a )C.1r now. and the ea rl y morning group "ouJd like •.o have 11 back . he s.1 1d . Englewood Cil)' Council August J , I 9'J8 Page 12 I vr.liml Mayor BUl?IJ advised that he i. lllled Cily ,__... Searl to ftnd out if we ever got the S 10,000 .00 con1ribuu,,n back from WUIIJ _.,....,. .. lllcy withheld. (iii) Council Member~ I. He said he was surprised that -orw earlier q.-iON included the commenl ·•especially due 10 thc fact lha1 thc current no Ind signing 1111 Wes, Union Avenue cannot be enforced ."" He asked if Uia1 was a II\IC sta1emcn1 . Cily Allomcy 8-said they are talking plllCl ical raU,er than legal. Mr. W1ggoncr asked if they can 'I pu1 police ems ou, llton: that an, in disguise. Council Member Nabholz agn:cd. adding Ihm Ibey need 10 do 1ha1 on Dartmouth also. Ci1y Manager Scan said that Opcn1ions D,-lision Chief Vandermcc has tried 10 manage 1ha1 issue . He asked Chief Vandenncc lo speak about iL Chief Vondenncc adviad lhaL d3ting back 10 when I.he restrictions were imposed. we h.n.'C spent a c::cmendous amount of cfTon. ass.gning cars do\\11 there on a n:gular bas is . One o(the problems is tlm --aot dealing with uaffic I.hat goes through I.hen: on a regular basis . Most oflhcm are Inds fromcocrcoun1ics. Certainly the consuuction 81 Belle\icw and Santa Fe influences ii. and the IJaffic backs IQ> on Santa Fe as a n:sull of I.hat People Slart lllking short CUIS . Council Member Waggoner said if he was a itJUCk.cr and saw a police car sining tl1c re. he would t..'lkc anolhcr way. 100. He asked if ..-e can 't put --,Jung oul then: and play snmc little ga mes l\iU1 I.hem or something. Chief Vandcnncc said. from an cnforccme:m perspective. he docs not feel il has an~1hing 10 do \\ith whether I.hen: is a patrol car thcrc. By the aimc Ibey sec a police car. Ibey are in banns way already. he ad vi sed. If U1cy ha,•e made the tum to go-..t nn Uni'lll from Federal . and \\e have been silting al Decatur or Clay. once they arc there. they arc tbcrc. They can 'r avoid the contact '-'ilh the police at lhat point. Mayor Bums S3ld Public Works D,rcaor Esu:rly spoke abo u11111 , previous ly. 1ha1 once you tum and Uicn sec the sign , you can't tum around. He asJc:.:I U Lherc 1s a sign that can be pul out there that you can sec from Federal. Chief Vandcrmcc said theres noc.. there arc no advanced warning sig ns. and t11e State has frown ed on 11. He said he inquired aboul Ltarlic:r. and there is something about the State say in g \\C c.1n 't put any more signs on there to clutter up rh&: llllCrscctio n. Tiiat is a problem . he said. in terms of tryin g 10 ma1iage the Lraffic . A truck. for example. t!hat is southbound on Federal that enters into the left tum lane to go eastbound on Union. if he secs the !lgDl. now has two choices to make. He can mak e a left 1um and go int o a restricted area. or dri\·c on the wr:mg sKic of the road to try and get back across I.be intersection and merge ~ith southbound traffic. he s:ua. Clucf Van dennec s.iid he has been spen ding qui 1c a bit of time down there and has not seen th.it as :r i;:,rcblcm. TI1c truck drivers he has con1ac1cd genu mcl~ do not sec th e sig n, are not fam iliar wilh the atc:1 .nnd have no idea tlun the restriction c:usts. He said he has not seen anyone he would tenn a malic ious od...-ndcr . someo ne doin g ii just 10 be nast) ,,1th the peop le who li ve th ere . Mayo r Bums said he has seen signs in othc::r mwuopalltics that say no left tum next block . He said \\C really ha ,·e a proble m ifwc ca n't warn ~one t.ha1 they ca n not tum in there . Clu ef Vundenncc agreed. but said he believes it is the State that controls the signagc on Federal and has said no more signs. • • • • • Englewood Chy Cou ncil August 3, 199K Page 13 Council Member Bradshaw asked if"~ can quit wamina and issue tickcls. Chief Yllldermm c,q,laiaed that tickets have been issued . He asked her 10 keep In mind 1ha1 the i11WU1cc of a summons IO - from nonh Denver, doesn't have any impact on someone drivina a lnlCk down there from Douglas County . The prcscncc of a maacd police car with il5 lighl5 on, having stopped a truck. i5 the dc:lom:al. whether a summons is iJsucd or not He said he n:ccived a llaclc o( about 250 10 300 pbotograpbl fnllll MAry Cassell, a resident on WCSI Union Avenue. He sllid he went through them with a magnifyillgcJ-s and identified every truck. He sent lhcm each a leuer, advi,ing them of the violations and solicilillcoeir cooperation . Chief Vandenncc said he got calls back from Waste Managen,en~ Wards, Scars ud 1nEks all 01•er the 0.nver area saying they were sorry and would pay attention 10 that Bui II is literally lib: changing the COUISC of a river. Council Member Nabholz reca lled that, at a meeting held in June regarding the Danmouth tntllc.ane o( the things that was brought out was 1ha1 tickets arc not issued unless they arc going nine miles ewer-the speed limit. Leners rccci\'cd back indic:ucd there were quite a few people who \\Crc upset. becaaK IUI is a school zone . She said the Judge has infonned her that if the om.,, writes "school zone" on tbc Dd<ct. they automatica ll y double the fine . So if ii says JO, basically they can go ~O on Danmou1h bcfon: a lickd is issued . Chief Vandcnnec responded that lhero is no prescribed lolemncc for speeding . Many officers. cspda1ly when they are working with radar. "ill gi\'c some latitud~ for ihc operation of the equipment. the circurnstanccs. the aniludc of the dri\'Cr . and any number of points tluu suggest to the officer ""bcu. &1 write a summons. Obviously. he said. ow mission is voluntary compliance. but they arc not comprDod to write a ticket unless lhcro is a proviously estab li shed reason . This might be because ofa rcqUC!lf'na Council or a hazard. or what.ever, where we opcra1e under a no tolerance polic)'. Speeding. by \'U'IIK of IJ')'ing to prove lhc elemcnl5 of the offense in cnun , they generally build in some latitude . Othcnrisi:, there is noU1ing that say, you arc not going to ge1 a ticket unless you arc doing t.cn over. Council Member Nabholz asked City Allomcy BroLZman if they need to do an ordinance to procca. around the school zones \\ith zero tolerance . Mr. Brotzman responded tJiat an ordinance would not be .oca:ssary. she could just let Safety Services know and they will es1ablish those zo nes . Council Member H:1bcnicht asked if it was possible to use \'idco to monitor the trucks on West U010m Avenue . City f\i !anager Scars responded that \'ideo enforcement is a contrO\Crsfa1I iss ue . He asked Clucf Vandcm1ce if t'.iis is so mething 1hey ha, e looked at along Union Avenue . Clu cf Vandcnncc said tha..':' really haven 't, but he is aware of a nc,, Stale la,, governing ,·ideo traffic enforcem ent \\ h1ch he l5 a..., familiar with . Ht: said he wou!d be happ~ to rcsc:u ch it . Ma~or Bum s commented thal . if you c.1 11 '1 sign Federal. you've got a tough JOb . Co uncil Member Waggoner asked if there would be an Execu tive Session afte r the mccung,llD discuss a property negotiation . Ci1y Auorney Brownan suggested waiting one more meetin g before doing tit.It. Mayor Bums agreed thm we s1ill need feedbac k from all the presenters . Council Member Brad shaw asked if there can be :rn E.-.;cculi\'e Sessio n nc .,t ~fonda~. if the mfonnaoon can be ready b)' then . Council Member Habenicht asked if,\C were talking aboul an Exccu1i,,e Session on lit igation . C,ry At1omey Brotzman said that is wh .. 11 he was responding to . Mayor Bums asked "h:u Council Membor Engk..,,.'OilltCily Camcil Aul!l'5t 1991 Pa1e 1~ w..,.,--, mo rint 10. Mr. Woagoner said ii kind of has 10 do with the Union problem. but not quite the Union Jl"'blcm. The propeny nc1olilllons. Mayor Bums said he thinks we could. ccnainly . Ci1y Manap,5eals askeo C'"Uncil lo consider having him put a lelter together, that perhaps Mayor Bums could scad ID Sbcridan, that wool.I outline the concerns lhal we have. We could do this in the next couple of days. hc said. adding that he doc.1 not know how fast they arc mO\'ing on this . That would then become the blsis lbr 1i1111n: discussions. and, '1 the same time. "~ could do some of the other discussions related 10 the si1Ullion alone Union and this properly. and lhcn bring 1ha1 back 10 Council. he said . Mayor Bums agreed that that was a good idta because it forms a benchmark for discussion . City Altomey Brotzmall said. from a staff perspoctivc. we ,.;u also be looking a•. the memo that is both stoll' oriented and legal , and pan of it •ill have E.xocutive Session implications 10 i1. 13 . City ,«auccr'• Report (a) Ci1y Manager Scars conJinncd lh.11 , if ii is ok.,y with Council. he \\ill put 1ogctl1cr a letter that he -ru ask Mayor Bums to send 10 Sheridan outlining the concerns. and then we ,\ill move from there. Council Manbct' Bradshaw added that she is going to continue 10 call Council members . City Manager Scars enoour.,ged aD of Council to do that. • (b) City Manager Scars said 1hcrc was a concern raised a couple of weeks back about weeds • in the medians on Flzmpdcn and Belleview. He asked Parks and Recreation Director Black to report on that. Director Black soio Open Spaa, Manager Lee has addressed the issue of the weeds along Broadway and along Be!IC\i<:w There has been another iuue regarding the weeds along Highway 28S west of Broadway . Thal is pcan of the new contract Mjust •"~rded today . A new contrntor "ill talcc over the maintenance oo Santa Fe and Highway 28S. he said . and he will see that lhr ~· :c is addressed quickly (c) City Manager Scars expressed apprecialion for the grca1 job Director Black is doing with tl,c Safe Summa Program . Council Member Habenicht said that ii is impcrati\'c that we ha\'c that Tri-Cilics meeting very soon. to address all sons of iS2lCS in terms of dC\1clopmcnt and land use. among our 1hrcc cities Council Mcmbct Bradshaw stressed tlia1 it is also imperative 1ha1 Neighborhood and Business Development. tn thci:r !rec time . get us the zoning for open space . Cni Manager 5cm s;ud he "ill do a follow-up on 1ha1. 14 . Cit)' Ano~ 's Report Ci1y Alto~ B:otzma,:j did not ha\'c any mane~ 10 bring before Council • • • • Englewood Ci1y Council August 3. 1998 Page 15 Mayor Bums cornmenicd lhal , when you sit in 1hc audience. ii is ,-ay 1.:1110 hear. This systc1n sounds very 1inny, he said . and the podium microphone ii not picking up a -wllalll: .lot. He said he hopes we have a state of the an communiC'.itions system in the Foley 's building. He__. that. if you speak up , it helps. 15 . Adjournment MAYOR BURNS MOVED TO ADJOURN . The mcc1ing adjourned an B:46 p.m .