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HomeMy WebLinkAbout1999-06-07 (Regular) Meeting Minutes• • ENGLEWOOD CITV COUNCIL .ENGLEWOOD, ARAPA.BOt COUNTY, COLORA.DO JUNE 7, 11'99 I. CalltoOnkr The regular meeting of I.he Englewood City Council was called to order by Mayor l!umsat 7:41 p.m. 2. lancadoa The invocation was given by Council Member Nabholz. ). Pledce ol AJle&luce The Pledge of AIJepancc was led by Mayor Bums. 4. Roll Call Absent A quo,um was present. Council Members Nabholz. Grazulis, Garren, Bnmhaw, Habenlchl, Waggoner . Bums None Also ~resent: City Manager Scars S. Minutes City Auomcy Brownan Deputy City Clcrl< C.:Je Planner Lanson. Neipbolilood and Buslncas Development Director Gryglcwicz, Financial Savicet (a) Council Manber Bradshaw advised that Oien: should be a correction to I.he minutes olMay 17, 1999. She said, on page 13, lhcnamc ,houldbe spelled "Gucse" rather than Guise. COUNCIL MJ:MB.!R BRADSHAW MOV!D, AND IT WAS Sl:CONll:lD, TO APPROVE, AS AMENDED, THI M1N1JTES OF THI REGULAR MEETING OF MAY 17, 1999, Ayes : Council Mcmbm Nabholz. Bradshaw. Ht benich~ Waggoner. Gnlzulis. Bums Nays: None Abstlin: Council Member C"',arrcu The motion a.med. (Clcrl<'s note : Council Member Gam:tt was absent from lrA· meeting of May 17, 1999.) 6. Sdledaled Vbiton (a) Richard Edsall , 3295 South Franklin Strcct. addressed Council rcp,dlng Code Ellforoement issues. lie said be apprccialed the time this evening. and we will see if Council uys the same thing when be gets lllnlugb. Boy, do we haM a g,at country or wllal. he asked. We 1,a.., a presidoat that lies. cbealJ on bis wife, liea • gnndjuries. bolds himself up as an example, and then we wc.nderwlly klds si-each olhcr. Then we come Enslcwood Cily Council June 7, 199 9 Pnsc 2 doMJ to the state level , an d hevc we got a grc.i1 SUIIC or Whal, he asked . A govern or we elected three times, and we find out he is as bi g a liar as the prcsidcn~ and be has his Ulllc prlflicnd off in ·be comer, 10<., and then he socs out and preaches to higl school kids about honorable. and being hone,,. Aud then I d1i11'<, gee, I've sot my little comer up in ca,tcm Engle" cod. he said. and man 's home is hi s castle. I', should be oblc 10 i;o in there and close the doors. and lhal 's mine. I'm !ilfc there from nll the idiocy ,n the world . Wrong , he sale!. We used 10 be able 10 do Iha! here in EnsJewood . Mr. Edsall said he has lived in th is ci ly rn~nl y-cight yem. and all owed that some of C<uncil has lived here lots looser. I did a lot of lootcing when I moved 10 Colorado, ond asked a lot of questions. he said. where is the best place lo live. I was to ld several limes EnsJ cwood. Englewood is a nice little town. It is land locked . will never get any bigger, ii is a blue collar town . probobl y olwoys will be. a good littl e 1ow1o. Only one problem . the police force , but you can get along with dia~ and I did, I ITIO\'Cd here and bought a home. the same place that I live now, he sa id. And things went pn:tty good. my kids \\~DI Uuough high school. U1cy all v,,dl131cd from hen:. and I thought thi ngs wen: going prclly good until about a ycor ago . And U,cn I find out somediing new. the ECE unit. the Englewood Cod e Enforcement Now I don't know how many of you have had them ring your ioorllcll , he said. but I have. II started about a year ago. A unifonncd officer. and I shook my head a a,uplc of times and I wasn 't sur~ \','llctJ1er it was the KGB or the Gesta po c.alk.i ng to me. Mr. Edsall said his home was oo longer acceptable to th : c.i mmunily. TI1cy were gcu ::1g too many complaints on me , he said. What's wrong':' What"s soing nn? TI1ci <J-J n'I like the car, I keep selling in front of my home. U1cy don ·, like the trash !keep in them . Trash. put quoic,. , o•~s1 tl1'1~ I had two span: tin:s in the back of my pickup, but that is lnlSh, but I set a ticket on my vehicle far I Another vehicle, I hM a jock ilfl(( a case of oil in the front seal, and I happened to ba\'C some carpel that \\'C , • .-·.,-.'ting up 10 put in the Ooorboord in the back scat. I got a ticket for trashing my ,-chj :le. be said . Then, they ,.-,Hy 1,.01 down 10 business. they didn't like anyU1ing about my yard. they didn 't like c'lc way 1 had trash laying in i~ lhcy did not lik, my wood piles. th cv did not like my bee hives, U1cy uid not like anytlJng. be q jJ. And they did not ptrticularly care whether I liked ii or ,,01. I had to snicker with your meeting back" :.ere wbc:n 1 hcartl the officer say we 'll get more od.imanl tomo nmv. lllcy need a Dale Carnegie course . But I played the little game last year, I went lo U1e hearing. I did not think I was going 10 get a fair heari ng when I went into the office right back here and talked 10th, voung lady. aM she arsun:d me thal I would . She was the one that was going to have U1c he.iring . and when I got lhrousJ1 I have 10 adD',it that I had a daughter of So,omon , bccau:>: sbc listened 10 what I had 10 say. And do you know she Uucw out about nincly•fivc percent of what the~, had put down. She finally asked these people what they call U?:.ic You migld ousJ1t 'Dre.id your code and lcar11 !:"dtis was just me. ii "-ould be nlrighl , he 5,,id. we scllled ii and th..;· never botbered me again lost year. Bui I mow lawns for elderly people. and I \\'Cnt up 10 one of my c:ustomcrs and she was prnctirally in tears. Mr. Edsall said he n:ally r,01 mad then. ,. t_,, be found out why . Sh e l13s a chai n link fence across Uie back of hr lot. and a slope runs from th,· ch.'lin link fe n"" doM1 to the alley. She wns very proud ofa crop of rhub.'Ub :,.nd the Code Enforcement . our Gt.-stapo unit. ordered her 10 get Umt out of th en:. it was interfering ,.;u, traffic. It probabl y hadu "t been there more '.han twenty-five years. and I helped take can, of it and keep it clC31l and ii was neat . lie asscned. Bui that elderly woman got out thc:c and cleaned ii out herself. and that is about as asinine a thing as anything that says Uicy are service 10 the a,mmunity a>uld do. Nccdlcssto say. I am ,1i11 peeved about it. Ev<r)11ting went fi ne . I U1ough1. until about three or four wcclts ago. and I get that knock on the door. and here we go again . The same issues, the same kinds of issues. Last year th ey told me :\-c got to have an)1h ing outside covered up . including my wood pile. and I very dutifully bought a bunch of stupid. cheap. tarps. and I covered cverytl;'ng up. he said. Mr. Edsall said tjs yard looked like he ll but that is what we 've got for Code Enforcement and U1cn il staned again. I U1ough1 at first U131 I would go through the hearing. I'll play die stupid game. and U1cn I said no. we arc goin! 10 go another way. I called Safety Sc"i=. I got sent 10 a person. and I gnt pacified. and U10n I ended up wiU1 the head of Safety Services. and I got pacified sc mc more. they thought. But I :un not very happy. he said. I am d.imnctl wuiappy . I would chall enge any af yO\L be sai d. 10 drive by my yard. at 3295 SouU, Franklin :,reel tha t is at the comer of Frnr.kl in and Floyd. you an: \\~lcome to do it. I have n.:r r go t tJ 1c pretti est yard in the w >rld. he al lowed . a :d don't claim 10. but mi ne is as nice looking as anybody's, an C as well kepi as anybody's. 0.111 il is my property , he r .. ,tcd , and I use it , I use it the way I wam. but they have that provorbial excuse U131 they ha,~ a,mplaints . My nc isJ1bors arc complaining. You know. he said. I had that happen about a yea r ago. before d1i; utber struted . I ls-id th is man who would drive by in the C\~lling. and I would be out in my yard working. and lie would honk ond holler. Finally one evcn i1 ~ I got him 10 stop and J.sked him what was going Oil wliat is your problem? He said you an: decreasing the value of my home. and I asked him where be lived . He took off. but fortunately.! was able 10 get ltis 118 num'ier, and was able 10 fmd OUI tbal be lived • about six or cisJ,; blocks on cast of me . Mr. Edsall ~,id he would hardly call lti m a neighbor. He bad purchased that • Englewood Cily Council lune 7, 1999 Page J home and rocondil ioncd ii, he hnd purchased ii rrom an elderly person who had 10 move bccaure her iaxes go1., high she could DOI afford lo live U1ere anymore and she left . He bought the house, reconditioned it 111d wanted to sell i~ and I think lhat's grcal, he said. lhal is free cnlcrprise and I am nll for it. But don 't go hollering at me UIII I decreased the value ofi~ because when I Increase U1e value of my property, the ia.,cs go up. AJ I approach retirement age, it means I can afford less and less o[lhcsc stupid taxes. I have looked and I hlr ·• watdlcd the cily government very closely , he said. not Utis part , I run talking about the services you provide. Most cities would Jove to be able to send two policemen on any cnll . They generally put them in one car. Now Englewood seems to ha\-e enough resources. thal not only can we send two policemen. we can send them in separate can, and sometimes tbrcc and four . In one area oflown Utis afternoon, there were al least three U,crc, he said. ,vith on• person to a car. That is fine , I U1ink we have one of the fincSI police fon:cs in this area, I don 'I mean 10 shonchange those officets, he aid. Thoy arc doing an excellent job. Mr. Edsall said he was cspccinlly plcnscd to !cam lhlll our SWAT team went to Columbine . clut they arc getting cnugJ1t up in something, he said, thal is DOI of their making, and I am talking lbou1 tl,c field officcn, r.ot the hierarchy. I got poSlcd a public nuisance opin, with a ring on my doorbell . I 80 to the door, and nol only do I have a code cnforccmenl officer, I Jswe a police officer standing there, with his band on bis .~un. and they stan writing ii up and going 10 poSI it. And Lhal is fine, ifU1a1 is U1c game we arc going to play, he said. l11cn I got to lalking 10 U1e police officer and I U1ink he found oul I wasn't quile the high risk criminal he was sent oul lhcre for . Now before thal. I hnd had a police officer oul U,cn:. The head or the code cnfon:cmcnl uni~ along with the o.xle enforcement officer, Rnd lhat was a horrible waste of resources. Now what are we going to do about ii, he asked. I don't know. I wcnl Ir the advisory comminee meeting last year, C\'el)·body says go to the advisory con1miucc meeting. I w~nt Inst year. Now f don'l know a lot about advisory committees., won't claim to. I happen to have a degree in agricullural cducntion, and I don't suppose I liad more Utan thn:c or four courses in my undergraduate work aboul how 10 organize and use advisory comminccs. When I went 10 work on my Ph.D . at Ohio Slalc, I probably did not get more than three more courses, he said. When I came 10 Colorado. one of my assigned functions wilh the S1a1e Board for Vocational Educalion was lo be the functioning Slafl' for the S1a1e Advisory Counci l for Vocational Educ·llion, and I walchcd them function. I know what a good one is. l know what a bad one is, he said . That nighl, I left shaking my bend, he said. I got lold lalcr that ii is advisory , but WC USC it ror policy making and governing. One of your ltieran:hy hen: lold me that, he said . Then: is only one governing board for any commincc in this cily, he said, and ii is righl here, ii can not be anything else . Al that meeting thal nigh~ they had to wait to gct a quorum, lo get fdleen people then:. Half or I hose people wcro staff, he stated, Cily stalf. Now, no good advisory commincc has any staff on i~ it is made up or members oflhe communily and n:prescnlativcs o(the community by segmcn:. pcrliaps homeowners, n:111ers. business people, and like I.hat. They can not gel them to come , and it is no wonder. he said. TI1at evening, I sat there for about two hours and I \\ill guar.uuec you eighty percent of the talking was done by that staff. lllCt'C was no advice passed on . it was a S1ackcd committee, and we have the fox W'Jtching the J,cn house . You have a problem . people, he said . We elected you as Council members and I do nol know many or you , I know a couple of you came on for very specific reasons. he said. a couple of you came on with irons 10 bum. as crusaders. and I U1ink lhat is grc.11 , he said. Mr. Edsall asked Council 10 remember that then: is much mon: crusading 10 be done Uianjust their single issue. If you keep on wi1h what you an: doing with code enfon:cmen~ he said, you arc going 10 ruin one hell of ,1 good police dcpanmcnL l do nol knJW whose idea ii was to put those code people in unifonn, bul thal is beside the point. I know a few yca,s back, he rccallcd, wc had three people in tha1 unil, and U1cy "~"' good people . U,cy understood hwnan n:lalions. l11cy Slopped at my house more th3n one lime, and said. Riclwd, you need 10 cul the brush from around the stop sign ool hen:. And tl,ey did ii in such a way that I did nol feel pul on, he said. and he sure did nol feel threalcned or put down . I "ill guarantee you, he asserted . in the last two years, that has not been the case . You have backed me into a comer, be ~-aid. The immediate conclusion I draw is that this city 11;,~ .O<' much money ifwc can put that many vchi1,.ics on the street. if\\'C can ha\'C thi s much hierarchy , we ought 10 have the bcsl paid undcrtin~ in the state , and we don't. So we have a nu sadjustmcnt of sal aries . Aflf:r th.-11 advisory commiucc . I passed the v ord. he said. to tell Mr. Ciry Manager that I do not w.ml 10 li ve in Greenwood Village. I , to li\'c in En gl ewood. th.11 is why I moved here . Mr.yor Bums l!k"<I Mr. Edsall lo wrap up, since then: w.u • 1cn-minu1c limit Mr. Ed.<all said he had gone on 100 Ieng, bul asked if they could sec Ulal he has a bone 10 pick. There was a guy in Connocticut last month who had a n:al inlcrcsting solution. You may have heard about this doctor who bough! a home nr,<1 to lhe school, he said . When they Stas1ed working on the school parkin g lo~ he lcl his son and ;omc other Englewood City Council lune 7, 1999 Page 4 kids po,k io iL and lhc neigl1bo11 llll hollered. He gave it to a homeless pcr10n and she immcdiatdy moved In with about fulccn or twenty or her friends . I tllinll he will have the last laugh. he said. My wife says let 's get out or Ensiewood. aftutwcnty-eight years. she says lei 's get tlic hell out of this town . That is sad. he said. I talked to a ninety year old friend who bas liv<d in this city tiny -four yca11, and I asked him if he would aimc with me. He said I wish I could. Will you sign a petition? No way, Ibey will come and do to me what they an: doing to you, and that is sad. he said. Mr. Edsall said he grew up in Oklahoma with tl1e Indians . I always t.ry to come up with ercath-e ,oludons to problems, and if you an: going to take my homc away from me, I am going to give it away, he said, but I am going to give it 10 an Indian tribe . Now, I don 't krow whetlicr you people have ever dealt witl1 busl territories or not. but talk 10 people down at Concz. talk to tlic people DI Ignacio and Durango . If it is a trust temtory, )·our laws do not apply, lhc tribal laws apply, and I think I could have lhc lllSI laugh if I help them decide what to do "ith that comer at 3295 . Wouldn 't it be fun to have a casino tl1en:? Now that is wh.i t you arc backing me into, people, you are making me D Doug Bruce ran. and if tltat is wl.it you "~nL that is what you an: going to get, he said. He said he would be glad to ralk to any of them DI any time . He said lo call him at 303-781-5834, but do oot wait long. 7. Noo-,cheduled Visitors (a) Mayor Bums said tlicn: arc a couple or non-scheduled visi10r1, and City Manager Scan is going to hdp with the lead-in on tlus . We ltave Mart Shotl<oslci fro m Carter and Burgess. and Don Leidy ofMaintenaocc Design Group, he said, on tl1e SouthellSI Corridor, and an: involved with lhe potentilll developmcnt or the General Iron Works site as a maintenance focility for RTD . City Manager Scars advised that a lcllcr was passed out to City Council lllis evc,uug that was received by staff on Fridoy at 11 :30 o.m. n:garding a design group for tl1e General Iron Wcrks dcvelop1ncnL Marie Graham. Mike Flaherty nod Mr. Scars attended the meet ing this morning. There was a representative from Denver there. also. be sai d, and then: \\-C~ representatives from RTD . and also Caner and Burgess. Mr. Scan said he made it clear this morning tltat the City Council ltaS not made a decision rcgnrding the fulurc or the General Iron site, even though lhcrc was a meeting held earlier this year wiU, rcprcscnlali\o. .. , from RTO . We were all shocked about the cxicnl of this worksi'.op happening during tlus week. and exa..1ly who , ,., n:prcscntat ivcs wen: that needed to Ix: the"'. I have gone ahead and committed our staff to be at tllC sessions, he ad,,s,d, adding that he will be auending several of the sessions . He said lic knows tltat tliis is in pn:poration for tlic propo,-ed June 23~ public meeting n,garding the facility . Mr. Scan said he asked Mr. Shotkoslci and Mr. Leidy to come 10 tl,c City Council meeting tonighL He said he felt that , ratl1er tl1D11just n,porting on what happened today, the full discussion with tlic City Council would be beneficial as to what tile plans are, what tl1c desires of RTD regarding this maintenance facility arc and what the schedule i~ so tl1crc <:an be some input as to where tlic future of the Gcricral Iron site needs to go. He saic he appreciates both gentlemen coming this evening at a moment 's notice . Mr. Shotkoski thanked Ci ty Manager Sc.m. Mayor Bums and Council. He said he"~ with Carter and Burgess, and was n:pn:scnting tl1e Southeast Conidor project tonight. As you kr ,w from pn:vious meetings , he said. part or lhc Southeast Corridor is to locate a maintenance and storage facility f· .• 'le light rail vehicles . Council Member Bradshaw said this is southwest. Mayor Bums sai,f the facility is n.:tjust for lhc south\\cst. it is also for southeast . Ms Rrndsltaw said then it is for everybody . Mayor Burns said Cart,·, and Burgess did the major investment study for the Soutl1east Corridor. Mr. Shotkoski said tl1is is an all-encompa.s,;ng facility . Ms. Bradsl-..o•.; said. if there wouM be a southeast line. the mainlcn.111cc would take pl ace al this facility . ,.-tr. Shotkoski sai d tt.at is correct. Mayor Btr ms commented lhat RTD has always spoken about it 1hat way. Mr. Leidy apologized for any .. ,conveniences or concerns . This is a good c."<ampl e of good intentions gone bad. he said . Last week when we were Ii.wing disc11ssio11s about doing an in-house work session to do a rough test fit of the conccptMI facility on tl1e prcfern:d site. ond Mr. Sholl<oski will get in10 tliat a little bit down lhc road, somci>ody asked if it would be nice 10 have somebody then: from tl1e City or Engl°"ood . We said tlllll our format allows that Ourfomtal is such that we have review meetings every morning from 10:00 to 12:00 that could be open to. not only the users. who lhe original design session was intended for. because we an: t.rying to nail down lhe shape of the • building, not ncccssarily tl1c whole layout of tlic site. but it lll so allows people from the City or Ensiewood 10 • EnaJewood Cily Council lune 7, 1999 Pqc5 participate iflhcy wou ld like 10. UnfonWllllcly , die way thnl cnmc across. was thal ii was a detailed dcsi111 .-ion and tha1 ii was required d1111 somebody be there, he said. and ror thal wc apologize . It was not IIICllll II all to come across that way, ii was mcnnl 10 come ncroa os more of. since this is an issue thal rel111cs lo !he oelectcd or IO die preferred silc for the maintenance and operations fncilily, thal the fonnlll allows thal 10 oa:ur. Por any inconvenience along those lines. wc sincerely apologize. he 54id . Mayor Burns said one of the inconveniences. obviou sly, was vinunlly no noti ce for swf lo attend. Mayor B111111 asked that the two gcndcmcn remember to trc.11 d1e Cily with • certain amount of respect and the Cily Council , too, and certainly the Cily Manager and bis stalf. llial he said, is the concern he has with the lype of nodce we gol. Mr. Lc id_v explained that the reason for the late nolicc was. although it has been planned for three or four weeks, somebod} said would it be nice to have somebody there from the Cily of Englewood, and we 54id the fonnat would allow ii , and that was just lasl Thursday tha1 that was raised, and so\\~ apologize . ro 1nci l Member Nabhol z said she is tired of the blame game . She said she has spoken with Katherine Cox of Caner and BUJ!css who said that the reason the mc::ting wns set up on a Mond.,y was because ii was her intcm's fault This next mccling that was set up lune l :"' wound up t,,·nga Ciey stall"s fault two individuals were named. S~.-said she found thal really hard 10 swallow, and now we find,...: we arc on a schedule here. This lellcr is clolcd lune 2"', ii wa.< faxed lune 4• at 11 :3 8 a.m. last Friday afternoon , and our Cily Manaccr scrambled to notify us aboul this. I have a tendency to agree wilh the Mayor, she said, dial there l,as been a real lack of partnership, there has been a lack of respect, and the time has come for better communication. Mayor Burns advised thal the lune 23,. dale is right in the middle of the ColoraJo Municipal League annual convention in Vail, to which several of us arc planning 10 an end, and would nol be here at that time. No one checked that out either. Council Member Bradshaw asked. when wc met with you before, al the preliminary , let 's-take-a-look-at-this meeting, and then, all of a sudden , this comes out that it is already in pretty close to concrete. We said please meet with our rcsidcnlS to fmd oul what they , You said okay, we arc going 10 do that. but thC11 ii looks to me like you arc doing the conceptual design workst , JC fon: you even meet with our residents to sec if they even care orif this is what they w•nl in their neighborhood. Maybe I run wrong, she allowed, but th!t seems like i, is backward. Mr. Leidy said, again, the conccptu.1 1 design, in die tcnns dial we arc using them , is just 10 do a test fit of a box of a building on a preferred site, and there is a lot of work th al we have 10 do before we meet with the neighborhood because cooccptual is pre-<lcsi111. ii is prc-schcmalic. Council Member Bradsliaw said dial is not die message that gclS out , to us , to our st!!lf, 10 our citizens. When "" get in our own Iitdc cubbics, and wc lalk our own lilllc jargon. that is where communication breaks down . Ms. Bradshaw recalled that Council said please meet wid, our citizens 10 hear what they want before anything happens . Council Member Habenicht commented that this looks like it is already a major in vestment. and that she wout, have to agree with Council Member Bradshaw. This docs not o;ccm 10 follow through with the conversation we had at our Study Session, she said. Mayor Burns said you may be interested to know there arc still some members of Council who would be interested in some kind of multiple use at ~tls development , dial might include some housing. He said he understands they may nol know much about the history ofdtls silo. 11,cre was an ancmpt . he explained. less than two years ago, It! design something for dtls site of that nalurc and our consultants got a litdc bil overly ambitious and extended the site plan off dtls site into the ncighborl1ood . This resulted in a great uproar from people in die neighborhood, whi ch impacted II lhc Planning and l.oning Commission . That proposal never cvea got to die Cily COUJlCil , l>e said, bu1 was shelved because of th, ..... 1ion 10 the proposal. That docs not mcnn we gave up on it, and people ot Rm have staled thal if yoo want 10 develop this as a development for the Cily of EnaJcwood. we will back off. Of course, RID has been i.n1cres1cd in this for a maintenance facility for !;Omc time , he said. but they ha\'c alw.1ys been willing Enalewood Ci1y Council June 7, 1999 Poac 6 to defer 10 lhc Ci1y if•,c wo11110 do somctbing else with II . Mnror Bums said lhc lasl meeting Mr. Leidy and Sholkoslti wen, at. he was surprised how galvaniud lhis thing was. You wen, Lllking about havin& a raolullon in front ofCily Council in July to approve, and I U1ougl11 we wcrejU51 goina 10 Lalk. Obviously, be said, lbcrean, various groups who are working loge!her, and consultants and so forth, so we ha\'C a plan how to get this thin& lhrough lhc Council , and do it as quick.'y as possible. TIIOI has lllkcn me aback considerably, be Sllled, as lbcre an, other uses wc arc looking at on lhis silo. We have hnd a very good wori<ing relationship wilh Rm, and we don't want to have surprises when you come forward witl1 these things. he said. Obviously. U1is meeting and last. where you had all lhc consullallls tlicrc, in olhcr words tl1e 1ca,11 was Conned lo gel lhis done. Mayor Bums qiccrl that lhc citizens need to be spoken to and lhcir vi.,., obtained. He reminded lhcm that Ciiy Council baa not approved lhis ye~ and lhal lhcy need lo unde"1Jlnd thal Cily Manager 5-,,. asked Mr. Shotkoski and Mr. Leidy to go lhroagh lhcir scenario and schedul•. He ;.id they had spoken today about lhe too; alternatives that tlicy narrowed ii down to, and lhis is now lhc designated preferred alternative. He said he guessed Iha! was by RTD. bul fell it would be helpful for tl1cm to talk about wlw lhc steps arc Iha! lhcy an: still going lhrnugl1 and what the times arc for how they plan 'or that to happen . Mr. Leidy said tliat. obviously. public participation for tlic site is panunounl for lhis and for cvcryth ,ull tl;e tilllt w; arc doing forlhc Southeast Comdor. We intended 10 have a public meeting in lhc middle of May, and, wilh our foul up . lhal was on a Cowicil nighl Our intentions were tlicn:, and we do want to present tl1is to lhc neighborhood , that is absolutely critu:al 10 our process and 10 lhc cn\'ironmcntnl impact stl(cmcnts . We need all of their c:ommcnti. we need to consider all of tl1cir comments. as "~II as all of lhe Conncil members' comments What Mr. Leidy and his group are doing, as far as U..is box design :uxl tbc agenda thal you sec in front of you. that has been scheduled for lhrcc or four weeks, but that fits into an o,uall ~ U1a1 is not solidifying tl1C location . What be is doing iJ designing a facilily and tltat facilily could move 10 anotlicr location. he said . It just so happens that our preferred si!c, based on our evaluation criteria. is dlC fonncr General Iron site. Council Member Bradshaw asked what causes a site lo be a preferred site. Mr. Sholkoski responded lhat pan of our criteria for evaluation was the size of it. the location to tl1c light rail main line. the current land use at that site. Llic neighborhood impacts. U,c environmental issues at lhat site. Council Member Bradshaw asked lhc location of the other tltrec sites. Mr. Sholkoski said lhcre was one site that was directly to the north of th.is silc in Dcn\'cr. Another was at the Gate~ Rubber Company site and lhe last one was just due soutl, of tl1c c.xisting Mariposa light rail facility. Council Member Bradsl.iw inquired about tl1c zo ning of the otlicr U= siles. Mr. Sholkoski responded lhat lhc zoning for Gales is industrial. and the other two have at least four different zo nings . Mr. Bradshaw said that would make ii pretly complex . Onrs is jU51 zoned industrial. site snid. so lhal would make it less complex . Ms. Bradshaw said sllC is so angry riglll now over tltis whole issue. Slic said slic feels like this is being jammed down our lhro!l!S. We arc elected by lhc people of Englewood. she said, 10 do wluu lhcy want us 10 do. we serve lhc citizens of Englewood. and I feel like you guys arc just jamming lhis down my lhroa t Counc il Member Nabholz agreed . She said she call ex! several Council .:.< mber, yesterday because she was upset over lhe rail from K.1lhcrinc Cox . Ms . Nabholz advised tliat she represents tlial pan of town. There has been a 101 of wort on lhe Cily staffs~ ond •ltis Council's p:ut . 10 put tl181 neighborhood back. calm lhcm down, 10 reassure lhcm that what we arc going to do lhcre "ill be 10 tl1e best interest of all lhc citizens and lhe least impact to that neighborhood. In this p:llilgtaph. it says that it is impor1an1 that 1hc key staff. as well as rcprcscnta&ivcs from COOT and lhc Cily of Englewood participate io tlli s process 10 assure project goals arc established and nicl That docs not say 10 me dial we arc just conccptl!.'.ll . she said . She ~,id she is alanncd and appa!lcd. Cily Manager Scars asked Mr. Sholkoski and Mr. Leidy 10 talk about what Ibey plan 10 do for lhe rest of lhis week . He recalled tliat tl1cy IIOd said lhis morning tl1cre is some lypc of wrap up session. and asserted that wc will have a stair member lhcrc lomorrow following up. and lie is also planning 10 be tl1cre . He said he feels it would be • • En~ City Council June 7, 1999 Page 7 wonhwhilc if a Council member can auend . Mr. Sears said he knows thei, arc \'Cl}' busy. He uked what Iii , lthedulc is this week , and what do tl,ey intend to do witl1 the infonnation that comes out or the meeliap. Mr. Leidy ,aid tl1c process for tltis week is for tl1c sub-<.onsuhnnts on tl1c Soutl1east Corridor team thal are associated with doing the programming and planning for tl1e maintenance facility to make sure tl181 a building fOOlprint can be esllblished. That is effort 1101 wasted. bcc:luse we could pick ii up nnd move ii 10 another site, becnU5C the internal functi ,ning or that facility is what is important to the user, tl1e efficien cy and the safety and all tbat. Toni sh~ risht befon: I left. he said, \IC wen: coming up witl1 alternati ve ways to situate tl1e building on the existing site.just like we CXJuldcome up with allemativ, ways to si1ua1e it on another site irthat were required. Also, we will be looking at some of the edge tJeatmen~ as thea,chiltrts in our group coll il Looking at Elati and Batesu to the implCI that thal could have, and start to address how that a,uld be addressed. on this site or any site, because then: is always sensitivity to this sort or operation for projects Iha, we do pretty much all over the count,y , so we kmw lhal is a a,na:m and an issue. Tomorrow, from 10:00 a.m. lo 12 :00 p.m., and we have all of our review sessions set up this week from 10:00 to 12 :00. we will present o a,nceptual block plan of the site and tl1e building and dilfen:nt ways tl1e building could be situated on tl1e pn:fem:d site . We will look at some of tl1e edge ll'CaUIICnl dilfen:nt ways that we have addressed tn:nlOICDI with maybe even retaining some of the look oftl1e historic SIJUClule to help scn,en the site. which are the outside or the edge treatment iisucs . Mr. Le idy said we also want to pRSCnt soo.-e block plans to the users, ooce you gel into t~e site, how do people flow from tl1eir parking space to the building. out to the yard, and thinl!S like that . So tomorrow, he said. those an: tl1e issues we an: go ing to address from 10 :00 to 12:00 . Council Member Habenicht asked irthis is tl1e kind of thing where. oh. if ii was going to go here. wouldn't you lilu: it to loot like this. rather than tltis, and you get some agroement or consensus from Englewood. yes if it bas to go thc,e, U1C11 this is the way we like it. 1l1en it is going to be reported that Englewood likes this. I air really a,na:med about thal lltis so111,ds like ramrodding. she said. Mr. Leidy said it is not meant to be that way at all. He said he apologizes again (or coming across 'hat way, and Mr. Scars had lhat same concern this morning . He voiced thnt in the meeting. that any comments from the City of Englewood may be misconstrued as apprc.val , and it is n:ally 001 . In fact. tl1e n:pn:sentati,,. from the City of Denver even had some questions and concerns llUa! Vi-'Crc voiced 10. no maltcr what city ii 'ft'!:'uld be in , these are issues that a group might want to consider when they an: planning tltis. So. thal concern w.is voiced by Mr. Sears. he said, and this was by no means meant to indicate the City of Englewood endorses this project . Ms. Hallenicht said what he said just disturbed her. too. You an: suggesting that any city would have a problem with this. and so now you arc looking at a very small land locked city . 1ltis troubles me, she said. Mr. Leidy said he hopes they did not come across that way . TIie issues the n:pn:sentativ,; !'llm Denver made wen: thal any city that would do this wou ld want to make sun: that this issue was addn:ssed. II was not that there was a a,aczm about this facility in any particular location. II was good input that we got from your staff, he said. as Mil as from the staff of the City ofDenvcr. So tho( is tomorrow from 10 :00 to 12 :00. The reason we like to have a fuo:d time for people to be there is because U1al is where a lot of interaction occurs. and that is where we can hev the a,na:ms from all the dilfen:nt groups. 1101 the users. but noy other input that we might have. Bui we have also volunteen:d tha~ if someone can not make it and tl1ey an: interested in following up. we are then: from probably 7:00 am. to 7:00 p.m and would welcome anyone to stop in 31 aoy time to review where we arc. We feel . he said. that since ninety percent of tl1e yard is not building. ii is track , that we can address some of those site issues tomorrow. and then tum Wednesday to start focusing on ~'lking the block s rrom the conceptual building floor plan and refining those a little bit more . So when we say that tltis is an an:a wh<rc we could put the support spaces for the facility , that people know that suppon space consists of rcs1 ,wms. locker rooms. showers. confcrcna:. rooms. meeting rooms, office storage areas. delivcry an:as. and tltings iike thal Mr. u:idy said we will be n:fining what we hear on the silt issues, but we are also going lo be going into a little bit mon: detail on the building iSS\iCS Wednesday, at the meeting from 10:00 to 12:00. Then Thunday. at tl1e meeting from 10:00 to 12 :00, the concept is to l'P through this process of incorporating comments "'" hear at each meeting into a mon: futile conceptua1 plan. Again. on this one, tl1e original intent was to have a """' session to make sure we got the block right. because that w0t.lld apply to any site. hi: said . We would get fin.11 comments on all of the previously discussed issues at a linglewood Cily Council lune 7, 1999 PagcB J/ meeting ThWlday, he said, m lhal ii the week . Mr. Leidy said he Ulinlts we: reseived Friday, and he was not...,, ii was on the memo, in cue we did not get finished or we had more commcnlS than we thou&h~ or then, wc,e dill'ereal alternatives lhal they wanted us 10 look al So"~ have the ftcxibility or a meeting Friday . CGuncil Member Bmdshaw said ii says here, the workshop will develop U,c project on the General lion Worl<s property in the City or Englc\wJo<I. She aslced if 1hey would conceivably be having them dCV"lop the site in Demer, and whether they were going 10 hold difren:nl workshops to consider those Olhcr lhrcc sites . Mr. Leidy responded Uial, pan or the effort that Carter and Burgess went through to identify the sites was 10 do a rough layout of 1he trnck on the site. The yard is the largest piece, and the building is the smallest piece, he advilcd, but the building has to tic into the yard somehow. They would, 11 that time, be Ible to take the conc:q,tual clcsil!II lhal we developed this week of the building and put it on the previously developed track layoolJ of the other-or lhrcc sites. Right now, then: is just a box on there U181 has no shape odonn, so yes. ii could be adapted lo some of the other ones. Counr.il Member Habenicht said. so ii is being designed for this site, nnd then ii will be seen how ii woold adapt 10 other Mies for wh;cb ii has not been designed. If ii were designed for ano'Jicr site, ii might not fit as nicely al this site. It still feels like ii is being pushed, she snid. Mr. Leidy said the reason why it is bciug designed for this si1c is because. when it was ranked and rated on all operation and cnvi,oumcntal factors , ii ranked as the lop site. In Las Vegas. he said. wc did one on the prefcmd site, although it was a bus facilily , mthcr than a rail facilily, and something fell lluou&h on the final ocgoliltions or the pun:hasc and wc ended up going 10 the number two si1e . ii is always possible that U,c prcfcmd site ends up not always bcing the one that gets selected. but Uiat ,s a typical process. You always want lo plan for the one that is • your prefcmd site, he snid. • Mayor Bums asked if anyone had spoken lo U1e pr=nl owners of U1e sile. Mr. ShoUtoski responded allinnati~y. Mayor Bums asked if they had indicaled wha1 0:cir desires for lhc sile would be, adding lhal they just moved there a short umc 1go. Mr. Sholkoslti said. basically, lhc only discussions they haw had were 10 ask them, ifwc send lhcm a righl of CnlJ)' 10 gin environmental ph.'lSC one and pliasc two work on the site. if UIC)I would sign off OD that and allow us 0010 lhe property. We h:tvc also done this with scvcrnl of the other silcs.. as '-'"'Cll as numerous locatioru. along the Soulhc:ist Corridor, he said TI1at is just p;u1 or :J1c overall environment.ii impact statement that we have 10 go lluou&h. Mayor Bums asked if they would l,c c;o1,~~ envirom ncmal impact analysis on several sites , or just this one . Mr. Sholltoski said we haw done a phase OW' 1,,r some or the oU,cr sites. Those ha~ come back as a falal ftaw in lhose po1ential site locations, he advised. May " fl ums aslced if au of lhcm came badt with fatal ftaws . Mr. ShoUtoski said no, in se>-cral of them. CGuncil Mcrnuc, Habenicht asked if he meant ~ral of the four. Mr. Shotkoski aid DOC of the four bod a falal flaw . Couocil Member Grazulisasked what indicatcsafalal flaw. Mr. Sho.ltoski said a Super Fund sit<:. When we addressed that 10 RTL>. he continued, they told us tlw that was not pan cf their intent for operating a facilily . rn,n though lhal is grounds for a good Biownlic!<is project. They told us U,cy prcferted not 10 <lcvelop OD a Super Fund site. Council Member Bmdsliaw asked if that was U,c Gates site , 10 which Mr. Shotkoski r, .;ponded lhal that was the site just sooth of Mariposa. tl1e existing facility at 6• and Kalamalh. Mayor Bums asked about the sire immediately n'll1h of this one that was mentioned before . Mr. ~bolkoski s.1id there: \\'Crc: no environmental lti\J!S that \\'Crc as prevalent as the Super Fund site. Council Member Habenicht said he keeps referring 10 this as tl,c SouUIC3SI Corridor project. yet none of the,c arc in the Soulhcasl Comdor. S1,c asked how ioog U1e conidDrs "~re. Mr. ShoUtoski responded U1111 ,~., Southwest Coniclor is 1.7 miles. and the Soulhca:,t Corridor 1135 a fOW1ccn mile leg down J.z, and a fh-o mile leg down I-22,. Ms. Habcnichl asked if they would be bringing all or the ~hides U1111 service tbc.-e onto U1is one. Mr. Shot:.oski .aid that is cornet. Ms. B,-:idshaw said plus .-lial is air;:ady running. Mr. Shot:roski said lhai Ls correct. Ms. • Englewood City Council lune 7, 1999 Page 9 "· Blldshaw said lhe docs not want to sound liko not in my back ya,.., a NIMBY, but if you are callcins <ixtocn miles venus our cigllt and a half, it would make more sense 10 have a ocr,icc facility where tl1e sixteen miles iL t,,;,_ Shotl:osl<i said Ibey have nm a study wilh tloc sires and ran an opcrJ!lonal cost cstimalC as far u when you set tloc train 111ilc.. and thc dcadhelld miles is what tlocy an: called . Basically, when you arc out of. revenue savice, and you are just brinsins lhc ncc1 back 10 lhe storage facility . a•d swprisingly enougll, all of lhc sites lha1 we looked al wen-"': :,,agnilude or less lhan lwo pcrccnl or each olher. We looked al half a dozen si1cs for 0181. Cowicil Member Garren asked iflhcy looked al any on thc soulhcast line. Mr. Sholkoski said yes. we did. Cowicil Member llradlhaw "'id Ibey did not make thc final four. Mr. ShOlkoski said lha1 is rigll~ Ibey bad some QC r concerns One or !hem was lhc overall size or lhe facility, he said. We were ooundcd by 1-25 and 1-225 and -~ did not have the appropriate room th.it we needed to store U1c one hundred vthiclcs . Council Member Brad.chaw said !hen ii is also a sto ra ge yard. not just a mainlcnance facilily like you said before. Mr. Sholkoski said yes. Ms . Habenicht said a storage ya.'11 for • hundred vehicles . Council Mr.mbcr Bradshaw said she is just son of sick and Ii red of people dumping tllings in Englewood. Mayor Bums !hanked lhe two gentlemen for coming. He said Ibey had lried 10 be as candid as possible, adding !hat he feels Ibey understand. Ou. staff will be attending some more of your meetings . he said. and wc definitely waot public input on this project. afld there arc some of us who would like to look at an<. ;ruse for this site. or some combined use if you ar, going lo look al lhe propcny 10 lhe nonh. pcrllBp~ Council Member dmdshaw said maybe half in Denver, half in Englewood. Mayor Burns said he did not know whal could be accommodalcd. bul perhaps something couU be done . He said he feels lhe importanl lhing is for Ibis Council and staff and lhe cilizcns lo be infonncd. nol SWJ)riscd. not have mcclings wc do not know about until the last minule, or have pub':c meetings sci when wc can not be Locre. He advised lhal Ibey should recognize Iha! Ibis City Cour.cil is a vre1ty indopcndenl•minded group and do no! like anyone laking anything for gmnlcd. He said again that he appreciated lhcir coming tonight, and was sure they would see them aeain . (b) Teri Dion. Chair of lhe Grealer Englewood Chamber of Commerce , invi1ed Cowiril to lhe T3SIC of Englewood. which i, comin5 up Olis lltursday. She said she brougl11 complimcnlaly tickets. Also. Ms . Dion assured Council Iha!,, .spite the loss or ilS Executive Dircclor. tloc G""lcr Englcwvod Chamber of Commerce is here 10 stay . Rcgardleu or any rumors 10 the conu-ary, wc are here 10 stay. •"'= repealed, adding !hat lhe Chambc.• ,s vcrJ imponr.nt 10 Ibis community. and Iha! it serves a very good. serious pw;,osc . lloc Taste or Englewood wiU Le held from 5:00 p.m. 10 7:00 p.m., lhis ll1ursday. June 10. 1999, al thc Chamber offices at Colo1lial Bank on Soulh Broadway al Hatnpdcn. (c) Licule1lanl Byron Wicks. Englewood Dcpanmcnt or Safety Services. in1roduccd the new Code F.r.forccmc nr Supervisor, who came on board todny , Dave LyM. He saitt he was an experienced Code Enforcement Supervisor. fonnerly wilh tl'C City or Aurora and wilh Greenwood Village . Lieu1en.1n1 Wicks said he is very comfortable Iha! we will gel some grtil lhing,; from him. Liculenanl Wicks said he would also like to address a couple ofpoln 13 •hat Mr. EdsaU broughl up . He said he would like to set lhe record ruaighl withotn getting into too much detail . because ii mray very well tum into a court issue. He said he knows Iha' Council passed Iha! nuisance ordi1UU1CC wilh lhc inlcnl of improving lhe quality of life in Englewood. which w-,.; passed 1"51 y=r and became law on July 26. 1~98 . Since !hen,~ have been usi111 lha1 nulsan.:c ordinance 10 effectively improve the quality or life in E.oglcwood . Mr. Edsall indicated thal he did nnt have any problc •ns unlil a year ago. he said. bul thc fact oftloc mailer is Iha! he has a file daling baclt to April 13 , 1989. Thal particular property has rca:ived 1en no:iccs or violation. five tnirty-day poSlings. and two other wrillen warnings. he said, and loc lw owned lhe property the en1ire lime . Lieulcnant Wicks staled that this Is an on-going eve11L and !hat is why he has the al!~ntion Iha! he has. because, as of Thursday, he was still in non<e>mpliance. He said he waoled Cooncil 10 undm'and Iha! they are not u,ing Gestapo 1ae1ics, quire tl1e conu-ary . Lieutenant Wicks said be personally visiled his property. 118d :he opponwil1y . and in fa .:1 tloc Code Enfon-emcn1 officer wanted him Englewood City Council June 7, 1999 Page 10 cited, and I am a real big believ.T in voluntary compliaocc. he said. so I tboqhtabout givin& him one mon: bn:111. We had a ve,y lengthy conversation on site, he was definitely in violation or repealed ordinanca, and wo polled It again . The posting will be up Uic rt" of June. and we will do whatever is going to be appropriate bued on what be does. II i., bis property, it is his n:sponsibili1y 10 clean it up. he aid. I just wanted to assure Council that we do not uoc Gestapo taotics. we an: bending over bockwards. but we do have a sworn obligation to uphold lhc Cll)' ordinances as Ibey arc written, be said. 8, Communicatlon1, Proclamations ind A111>0ln1ment1 (a) A letter from Darryl R. Dummer indicating his n:slgnatioo from the Englewood Planr>ing and Zoning Clmmission wns considered. COUNCIL MEMBER NABROLZ MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET fflE RESIGN A TJON OF DARRYL R. DUMMER FROM THE PLANNING AND ZONING COMMISSION. Ayes: Counctl Mcmbc:B Nabholz, Gnrm~ Bmdsluiw, Habenich~ Wagg •,ncr. Grandi~ Bums Nays : None The motion carried. 9. Public Rearing (a) COUNCIL i,IEMBEIC BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN A PUBLIC REARING TO GATHER Il'IPUT ON A BILL FORAN ORDINANCE CREATING A PARKS • AND RECREATION OPEN SPACE ZONE DISTRICT. • Ayes: Council Members Nabholz. Garret~ Bradshaw, Habenicht. Waggoner, Grazuli~ Bums Na••c· None The motion conicd nnd U1c Public Hearing opened . All persons giving testimony were dn': '.worn. Planner Tricia Langon, r<pn:scnl a l -~. :,'-1"1'1JDC11t of Neighborhood and Bu;;incss Dcvclopmea~ told Council that lhc bill before them tonight amc.o<lS th. Englewood Municipal Code by creating a now zooc districl, which i., the PROS , which stands for Parb, Recreation and Open Spece. Slic reminded Council thal Ibey bcanl first reading of lhis bill on May 17~. Fo:the record. Ms . Langon submitted Proof of Publication of Notice of Public Hearing. which appc:,rcd in th, Englewood Herald on May 21. 1999. Ms. Langon stated Council requested that City staff prepare an ordinance L'iat would identify, protect and cooscrYc parts and open space in tbc Qty. In that effort. an initial draft of thc ordinance was rcviC\\cd by Ci1y dcpanmcnts. by the Planning and Zoning CommiJSion, and Parks and Recreation Commission. The ordinance that you ha,~ before you. shc advised. was coclorscd by tbc Parks aoc Recreation Commission on April 8, 1999, and the PL'llll1ing and Zoning Commission considered the on!in,· .,-, at a Public Hearing on April 20 . 1999. 1110 purpose or the onlinancc. basically, isto officially rccognw: and iccntify lhc Parlts. Recreation and Open Space sites as their own district Currently, she advised. sites arc intcnnixcd b thc various districts throueJ1out Uic Ci1y. As a separate diSlriel Uic City can worlt toward preservation and conservation re1;ulations Uiat would protect U,e parks by consid:ring imp11cts Md relationships amoog U1c districts. This ordinance would establish U,c base for future protection and conservation of those PROS sites, so the bottom line', the purpose of the ordinance is to strengthen the parks system. she nud. What Uus ordinance docs i., eslablish the ocw district as port of tbc zoning ordinance. cstablisl1es tbc guidelines for U,e ocw distrio•, and identifies tbc sites 011 the official zoning maps. When we m .:c the new zoning maps, as a requiromcnt of lbc , icw ordinance, you will ,.. g,ocn on the map. she said. The c!TCCI if tbc ordinance is that it confers an official Slalu1 to the Pad<s, Rccrcation and Open Space sites. and, more Uian .nytbing. it allow,; people to rccognw: tbc sites whc., Ibey look II tbc map. Ms. Langon pointtd out that the parks .ldministratio•, will remain a function of the Parks anJ llccrellion Dcponmcn1 • and thl• ordinance cn•ucs its o.,., tlistri ct only. it docs not R2011C any sites at this time. That v1II occur lator lhc • • Englewood Cily Council June 7, 1999 Page II said. and it does nol crc:lle any new parks. nor does ii eliminnle w1y P.ub, Recrcalion and Open Space lites, What happens nc.,~ wilh lhc approval orihe ordinance, , , to begin lhe pn,cess of n:zoning . We an: looking at approximalely twcnly sites, she advised, and we arc collecting lhe information necessary to coordJnate lhe n:zoning, Rezoning will compl)' wilh Chapter 3 oflhc zoning ordinance, and d,e rczoning process will probably take a tolal of six 10 nine months from the passage of the ordinance, she said . Mayor Bums asked nboul future use oflhc ordinance, o"'~ you ge1 lhis initioi designation, if you have another area that you want to designate ns parks . Ms . Langon S:Ud we ,,ould then bring it in under the new zoning and designate ii as a PROS districL Mayor Bum s asked if d101 would in• 'Olvc the Planning Comntission. Ms . Langon said yes, any rozoning or property would. Council Member Bradshaw said so ii is niways going 10 hav: public input Ms. Langon responded affirmatively . Ms. Bradshaw said then that was the i!llcnt. Council Member Bradshaw asked about A1tachmen1 Bon lhe Open Space Inventory, Where you say golf course grecnbel~ 267 acres . Si,e asked iflhal w.,;, Shoridan. Ms. Langon said dwl is Sheridan, asking if she meant in lhe area rcmaining under existing. Ms. Br•dshaw said yes and asked if lhal would rcm.iin industrial in Sheridan. Ms . Langon said she did not know, Ms . Bradshaw said it was n landfill , Ms . Langon said it was a landfill originally, and she would s:.ispect that it is, but .;aid she docs not know their zoning. Council Member Habenicht said she 1'CCCivcd a lcucr from a commissioner who was questioning whether or not the ordinance allowed for public hearings . TI1cy arc Wldcr the impression that ii docs not. and that reviews in the future would only be held by lhc Parks and' :crc:ition staff and lhc development rcvicw team, and not go to Planning and Zoning, She asked ifdiat was right .01d asked Ms. Langon 10 clarify that Ms. Langon said. if Parks and Recreation \\'trc to de\•clop a sire. or made some change to the site , what the procedure has been, and this ordinance proposes to continue that process. is that their application would come in and be reviewed by the development review team . The team is generally made up or Neighborhood and Business Development. Public Works, Traffic Engineering, Building and Safety, Firc and any od1cr dcpartmcnu as needed arc brought in for those reviews . The purpose of that team is to review lhe project. lhe site plan, for all of !hose areas, for trnffic, zoning, placement of buildings. for firc safely, and for all pwposcs , she said. That is lhe general proccdurc as any project would come ,n now . Ms. Langon s.1id she believes the Planning and Zoning Comntission was concerned about having public input for any type of development wilhin lhc parks Mayor Bums asked , after U1cy have bc<n cicsign:,led and zoned under this ordinance, what would happen after lhat on those oircady zoned arcas Council Member Habenicht asked if Ibis docs not allow for public input Ms . Langon said. as it was written. no , per Council's amendment on May 11•, that was pulled . Mayor Bums said if you are going 10 have public input . you h.1,·c to define how much of a change you are going to have . If you change something that is very small. like where to put a picnic table, you should not have to have a public hearing on it. He asked how lhis could be defined so that you would know. He said he has some interest in having lhc Planning and Zoning Commission participate, but how do you define ii so you know which is an issue that should come before lhem or lhat is ju,t so 1ri\ial lha1 it is a waste or lime . Ms . Langon said that was our major contro\'crsy . Al what lc\'cl do yo u decide that it becomes a public hearing issue, Council Member Bradshaw said th.11 is decided by thal team. Ms . Langon said no, according to lhis, it would nOl be a requircmcnl Council Member Waggoner s;iid it is 1101 a rcquiremenl but it docs not say you could not. Ms. Bradshaw said then a public hearing could still be held . Ms . Langon s.1id d,at is correct Mr. Waggoner ~,id, in lhe other proccdurc, you would have to hold a public hearing, and in lhis one ii would just be pennissiblc . Ms. Bradshaw said she likes this, the way it is wriucn. bcncr. Bnalcwaod Cil)' Council June 7, 1999 Pa .. 12 Ms. Langon said it is nlso her undemanding that Parks and Recreation, through lite Board, holds public input, before they stnrt the pntject anyway. So It ls so111CWhat redundant other than one is a requiral public bcarin& and the Parks Dcparuocnt 's is merely an informal prncess. Ms . Habenicht said tliat Is the polnl she was going to make , !hilt Planning and Zoning is primarily a quasi judicial group, in which a public hearing lias some iml"cl. while thr Parks and Recreation Commission is nol quasi judicinl, and lite public hearing would be just for gaU1cring iupul She asked where in the ordinancc solllClbing like that would be added. City Allomcy BrolZman said. previously, and the motion U.it was cliangcd. paragraph D, had an additional scnteocc that Council removed on first reading. That required a public hearing for all those items listed in paragniph 0, so items like SClblcks, building heights. signs. fences and landscaping would have been required 10 go to a public hearing before any oftlial work took place, he advised . Ms. Habenicht ,aid, for cwnplc, if we were talking about U1c loc:,tion of a skateboard park, or the location of a tennis court with light~ or any kind of activity, that could, as Uic ordinance stands now, be apprtr.'Cd by staff, without going to any public process at at. Ms. Langon said other U,an U,e public process that the Parks and Rccn:ation l>cpartmcnt would address prior lo even bringing Uic idea forward Council Member Waggoner said. when this comes up al budget time. then Council has control over it and it could go 10 public bcarine Council Mcn.',cr Habenicht said we have infomiation saying that Planning nd Zoning approved this. Did they approve this mth or mthoul that change, she asked. Ms. UllljtOn respon<!ca that they approved it with that change. Ms. Habenicht said so they approved no1 10 have a public hearing. Ms . Langon said no, they amended the ordinance lo have the public hearing at first reading. Council remo\'cd ti.it amendment Council Member Waggoner explained Uial, when ii "~nl to Parks and Recreation, UIC)' approved ii as originally wrillcn. Then it went 10 Planning aud Zoning. and they added the requirement. When it went back to Parks and Recreation, they sai~ •,c do not like Uial requirement take ii back out and U1en Council took it back out on Ml reading. Council Me1:1ber Bradshaw said ii l,as 10 go through a hearing 10 be zoned parks and open space, so tha." where the hearing proce1.'S comes in. Mayor Bums l\ ,d "~ arc lalking about after U1a1. Ms. Habenicht said y~ she is concerned about after Ulal, because, for example,"~"" you place a skateboard park might make a big difference 10 people who live adjacent lo zoned park land. and" uuld like to h.1vc tbc abili .y lo go to Plannjng and Zoning . She said it seems to her that it is an appropriate PLiu .ning and Zoning function . Council Mcrnl er Bradshaw said then we arc b)l'3.SSing Parks and Recreation. What we arc saying is lhc Planning and Zoning h:a.s more control O\'Cr ii that Parlts and Recreation. CoW\Cil Member Habenicht said no, she would not think so. Council Mr,mbcr Bradshaw said, if it is a Recreation facility, she feels we should go UU1lllgh Uic process that "~ go Uuoogh . Council Member Habenicht said she 11\Jly belic\'CS U1a1 if it is going 10 alTect tl1c land use and ii could address adjacent property owner.; and rc,;dcnts and citizons of our community, they should ha~ the accountability resting mth the people. She said she has nlways been a strong supponer of tl1a1 . She said thank you for clarifying that this has really helped lo clarify Uic position she is probably going 10 need 10 IOke . Mayor Bums said he is concerned •bout Uic same thing. Definition is really a lot ofwhal we arc talking about here ifwc arc going 10 address these issues. We ha~ a new skateboard park down al Cornerstone and we arc alrcsdy liaving problems wiU1 the ncighbort1ood about liglning and noise. And tl1at "~nl through everything. Council • En&lewood City Council Juno 7, 1999 Paa• 1i Member Bradshaw said. Mayor Bums said he is concerned that we can fonnullltc this somehow , He said his concern Is that if we just have Slllffto soy whether we have a public hcnring or nOI, we may never 11av,: • public hearing. Council Member Brndsh.1w asked ifwe can ndd some lnngunge to D, if it is going to Impact. Mayor Bums s.1id we h.ivc Mr. S1oc k\\ II here th is evening . He is the author of lhe lctlcr we have been talking about. Ms . Langon snid. if Council modifies tJ1e ordinance . if thm docs come up, she would like to discuss one other point. Casey Stockwell , 3919 South Wnsh ington SIICCI. said he is II member of the Plannin~ and Zoning ComrnissiolL He said he believes Iha~ if Council considc" all tl1e issues tl1cy have hcanl, tl,11 tl1cy are addressing the only issues he has , He said he felt they were stated very well . Council Member Haben icht asked ifhe was speaking just for himself. Mr. Stockwcll admincd to limited •"pcricnce with govcmmcnl in Englewood, and. therefore, he is li stening to the input of the people from his Commission and their previous c.-q>ericnce in Englewood . For instance , ci ting tJ,c joint work !hat Englewood did wiU, Arapiilioe County in the South Suburban Prul. District He said Council brought up most of 1he issues lhat were ci1ed there and there was a lot of concern with surrounding neighborhoods because of lights, for instance . We also wrestled with the question of how much . We do not want to know if you change a light bulb , or change a park bench. we do not care, he said. Obviously , anything like a bathroom would come across on budget stuff. but we still feel like it is too open-ended. As for th e spccificil y of what size it should be before a public hearing is held. Mr, StockweU said, altl1ough at the 111st meeting tl1c y addressed tl,c facl tlml ii may add up to three mon·>.s to a decision-making p= • he does not feel that is n=sarily so. As a maucr of fact, I am on tl1e otl1cr end of that spectrum, he said. I believe that we could keep a lot of picnic tables from comiug to Council. We are there to serve you. he said, to gather information and save Council time, therefore, if a picnic I able comes across. '\\'C can stop it. you do not ha,-e to hear about it. If it is lighting, and the public needs 10 hear about it, ii can come through us fi"1, he said. we can eliminate a lot of the extra SIUff. do a bunch of the ch:ulges tlml the public is already concerned about before it comes to Council. Of cowsc, anytlting tliat comes from us is just a suggcstio1L he allowed . Mr. Stockwell said he feels Iha~ by eliminating that one sentence, Council really pulled them out of the loop . Specificity of the size of the addition was a problem , and you can get too detailed . landscaping. etc . but IIL1t is why wc thought. Je3vc it general and if it is a picnic table , wc will just say no public hearing or wh,11cver . It is very lwd to get that specific in language \\-ithout someone finding a way around it. he stated. to something that impacts the local community . Council Member Bradshaw said it is a trust thing . We have a Pam and Recreation Commission. we have Planning and Zoning. If it is an issue where it comes lo lighting or something. she felt sure Parks and Recreation would say this needs to have a public hearing, Council Member Habenicht s.1id she feels tru~ is important , but also you can have a high degree of trust when you have a group of people 1liat you feel very comfonablc witlc but lllings and people can change . That is why the process needs to be in place 10 address those things. she opined. She reJt th.it it is important sometimes 10 have these things spelled oul nnd tl1e process in pL1cc. nnd trust 'n the system. not just in the people. Mr. Waggoner said the system requires tlmt lhc process go througlc not on! Ci')• Council. bul any ca pital improvement projects arc approved by the Pl.innin g and Zo ning r.ommissi o11 . and even if they arc initi ated by Parks and Recreation. any capiUll projects arc app1ovcd by the Planning Conuniss1 on '.lnd our nonnal budget process . Mayor Bums said he is concerned about timing. and we were talking abour sixty or ninety days , ard if they ~till have to go through a budget process . Mr. Waggoner said you know what projects you are going to bu Id at a certain time of year, and that is budget time , and usually those nrc on a fi ve year capital improvements projec. plan . If there is some concern about a skateboard parlc going ilL fo r ins~incc , at Cushing Park. then when budac1 ·j mc comes around, and all or those arc appfO\'cd. that is the time we should be questioning where it is going. He l..!IJCed if that is or is EnaJcwo<)d City Council SWIC 7, 1999 P ... 14 nol lhc pn,per pi.cc, befo:c ii geu 100 fur down lbc road . There is no sense in our Parks and RecrealJon Commission spending IM much lime on a project that is aat aoial lo be approved, he said, or thal IOIIIObody has some conccnu wilh. Tint 15 why we have public hearings even 111 those times. he said. Councli Member Habenici ~ asked if ii is appn,priale 10 be discussing Ibis al dlis lime. Mayor Burnt uld we need lo separate tile Council discursion wilh each olher from lhc normal public hearing process. Mr. Stockwell asked ifhe culid comment He soid whnl !hey almost touched on lhere. wilh lhe lhrce to rJx ~ 111, budgcl only comes up one.; • year, once every five years. and projects do nol always lake lhlll loag, 'lben, are monies sci aside in ..,~I)' dcpartmenl for stuff widlin diat year in a generalized vein . Then,fore_ you ,till have an ope• door for stuff being put in, whelhcr ii be sidewalks orlall lighis, lha1 lhey can just fit in10 lheirlJudget wilhlltll ~oini lhrnugh a budgellll)' prnccss on spccificily , so that would be one concern, he said. Mayor Bunu said he lends 10 agree wilh lhat. He asked if Mr. Slockwdl had anything funher lo say. Mr. Stochell said no, he just fell !hat lhe fact lhat it has been brought forward and Council is COl'Sidcring ii vcry lhougblfully is roally all he wan1cd. COUNCU.. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO CLOSE TB& PUBLIC BEARING. Ayes: Council Members Nabholz. GanaL Bradshaw, HabenichL Waggoner, Grazulis. Bunu Nays: None The motion carried and die Public Hearing closed . • Mayor Bums said he tends to agree dial you can have things come up lhal arc nol part of lhe budgcWy pr~i s. He • said he fell ii is difficult if you an: going lo have public hearing as d,e ddinitioll He allowed !hat Ill! P~ Commission may be wil!ing to work asa filter. but he said he did nol want 10 layer roo many dilTen:nt ,,.Jiews of the some dung. Council Member Bradsliaw asked if Council is lhcn abdicating ill n:sponsibility to make those decisions, if,,.. an: having ii filtered . Mayor Bunu soid he dtought wc wen: trying to avoid having such dungs as a p.irk bench coming befon: Council. He said he is nol sure how lhe process would work c.'<3Ctly . Council Member Bradshaw said she feels we arc in dlis vein of micro managing evcrylbing after lhe pn,j,,:t ""'°" lhe strccL and she docs not know lhat we have 10 keep doing dial. She said she suongly feels lltcR is a p,occss in place dtat is n:asooable . Nod,ing gelS put in a par!< wilhout lite five year plan, lhat is always approved by CoWICll. The Parks and Recroation Commission can hold meetings. she said. and she just does not underslanJ wbv people an: so distrustful of lhis whole lhing . Mayor llums said he fell Council Member Habeniclll had mado a good point dial people change, and wc wan110 have a good process. He asked if. legally, as far as lite hearing procoss is concerned. can 11-e Planning Commission act like a filler . City Auomcy Brotzman soid sure, if you wan I lhcm 10. You could liave lhal level of delail lhat is specified in dlis ordinance. Council Member Waggoner soid Council could also call a public hearing on any proposal lhal comes up. There arc a lot oftimcs when die Planning Commission will have a public hearing, and we turn right around and have anolher pub lic hearing, he said . Council Member Bradshaw soid d131 takes a long process. Mayor Bums said sometimes thal is nec,ssary. • • • En&Jcwood Cily Council ju,,: 7, 1999 Pog, 15 Ciiy Allomcy Bro1 zrn.1n said filler is probabl y on inopproprin1c word. TI,ey arc advising you , much as we Library Board docs and the Code Enforccmcn1 Advisory Com111ince docs. 11,cy arc advising you or issues. Mayor Bums asked ;r lhey c.in enlenain an issue of a nublic hearing. and then stop , so the Council never sees it Cily Allomcy Brotzman said the only lime tl1ey do 1hat now is on quasi judicial ,nancrs. no1 on advisory mancn, advisory comes to Council . Council Member Habenicht said she ree ls re.ill y strongly tbt she values tl1c checks and balnucn lhat we have in place. so that in time, no mailer who is tJ 11-rc. there is an appropriate process . She s:tid she has 10 take into ICaJWlt the major waler put tlutt we have planned. She said she has had ,cvcral citizens call and 1hcy ore concerned about thal. and they reel very uncomfortable tha1 tl1crc has 11C\'C1' been a public hearing on tha1, tlial they have been able to address. Ir this """' in pL1ce witl1 something al ?lanning and Zoning, they would have an opponwtily to ha,e their quasi judicial public hearing guaranle<d . Ii this ordinance wore passc'1 right now, tl1osc people would not occcssarily have that. She said she feels tlicrc is a sense oul there. just as we wcrc feeling tliat. pcmaps. our RTD process was trying to ramrod something al us, and people feel 11-,1, "ilc:n it is in their b.1ekyard, irthcy do not know that then: is a real process that lhey can gel into, ii c.in get overlooked . She said when there is a real hooCSI to goodness process lhat lms to be gone through, ii can cc11ainly be sped through . TI1e cheeks and balances an: imponnnl, she said. Md I vn1uc the rights ofthr citizens. Mayor Bums asked, if you had lhc ordinance in place. and then you had new zoning on a new site, whelhcrthal would ls1ve 10 have a public hc.1ring. City Allomcy Bro1zrnan said yes. Council Member Garrett snid having missed the previous mccling. he did not know whether tJ1e discussion was more cnUghtcning. He said he is trying to sec if there is a common groW1d that somehow can be reached. The struggle with any drnfling is words, Md ii seems t..hat tl1e concern is if tllCrc is going to be some son of impact off site . lfwc an:doing sometl1ing such as improving a ball field, tlial will have no additional impact off site, why do we wanl to hold a public he.1ring on something like 0..L He said he is trying 10 tlunk if there is some kiod of capital expenditure cap. Well, no, if you put up one lighl lower that costs no money, that is when: people arc conccmcd. while if you did several thous.1nd dollars to 1nakc O,e ball field belier. no one would really care for rcsodding, for c.urnplc . Irwo could come up \\itl1 some kind of langu.,gc, such as material impact off sile. Some kind or material standard. which is a loose tcnn. but one that we use legally a lot, .f tJ1cn: i:; a material impact off site . 'The waltt° park impact would be off site because of lhc grounds . So ,naybe "" could come up witl, something that would satisfy both. he said Council Member Habenicht said she ree ls that would be appropri 111e. and would suppon thaL. so tJiat we arc not micro managing. but addressing the concerns of our citizens. Mayor Bums said he has no in terest in micro managing little changes in a park . Mayor Bums asked if it is the consensus that Council would like to sec some language in tliat direction. CoW1cil Member Waggoner suggested they work on it. then . before it comes back to Council . He said he does not \\-ant to sec it again until sometl1ing is decided . City Attorney Brotzman asked if Council wants th.is to go back to both commissions prior to coming back to them Council Member Garrett s.1id you have two commissions with two different \'iews . Council Member Bradshaw agreed . She said if we arc going 10 use the process. it needs to go to tlic1n. too . City A Homey Brotzman said he got lost on that one . Council Member Garren said O,e ans\\er is yes . Council Member Habenicht said speed it through to bolh . Ciiy Allomey Brolzrn.10 &1id okay. ;1 is going before bolh . Council Member Habenicht said if we could have them both f'C!)rcscntcd with what tl1cy have lo s.,y to us. tll:lt would be helpful . Mayor Bums said we liavc tJ1e lu~lll)' of some lime here . because we a.re nol going to change a park or lose one or gain one in the meantime . We have our p.irks. we :uc just trying to initi:illy zone them. and look to the fu1urc . Council Member Bradsl.iw said she has a problem with l"'O layers ofburcaucracy , bccnusc tl1c process is therc. Englewood City Council lune 7, 1999 Page 16 Council Member Habcniclu said she feels Council Member Gamlt's co..-wore appropriale andgCfflllllC IO her concerns. Council Member Bradsbaw asked City Altomcy Brolzlnan lo gel together with Ms. Langon on the language lhal she wants to deal with. Mr Brotzman said :d>SOlutely . 10. Coa,ent Aceuda COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) Q), 10 (b) (I) AND (Ii). AND 10 (c) 0). (a) Approval of Onlinanceo on Finl Reading (i) COUNCU. BILL NO . 36. INTI!.ODUCED BY COUNCU. MEMBER WAGGONER A Bll.L FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A $7,500 GRANT FROM 11lE COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOLA) SUCH FUNDS WILL BE USED FOR EN'IERPRIS!:: ZON H MARKETING AND ADMINISTRA'110N. (b) Approval of Ordinano:s on Second Reading (i) ORDINANCE NO. 30, SERIES OF 1999 (COUNCU. Bll.L NO . 31 , INTRODUCED BY COUNCU. MF.MBER WAGGONER) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEME~?': BETWEEN BUCKLEY AIR • NATIONAL GUARD AND 11lE CITY OFENGLEWOOD FOR USE OF BUCKLEY'S FACll.ITIES BY 11lE ENGLEWOOD DEPARTMENT OF SAFETY SERVI CES. (ii) ORDINANCE NO. 31, SERIES OF 1999 (COUNCU. Bll.L NO. 34, INTRODUCED BY COUNCU. MEMBER WAGGONER) AN ORDINAN CE AMENDING TITLE 4, CHAPTER 7, SECTION 11 , OFTilE ENGLEWOOD MUNICIPAL CODE 1985 , PERTAINING TO 11lE EXTENSION OF THE LIMITED WAIVER OF 11lE WASTE TRANSFER SURCHARGE . (c) Resolutions and Motions (i) A CONTRACT WITH RAYMOND TOMASSO IN 11lE AMOUNT OF S7 ,500 FOR TIIE WINNING ART ATTIIE HAMPDEN STATION ENTI!.Y . Vote results: Ayes : Council Memben. Nabhol z. Garret~ Bradshaw. Habenicht, Waggoner, Grazulis. Bums Nays: None The motion carried . 11 . Regular Agenda (a) Approval of Ordinances offin.t Reading (i) City Attorney Brotzman presented a recommendation from the Department of Safety • Services and U1e City Anomey to adopt a bill for an ordinance pertainin g to graffiti . • • l!nglewood City Council Iw,e 7, 1999 Pqe 17 Mayor Bums advised Uia1 lhis action requin,s a onolion 10 review lhe onlinancc which was labled oC April 5, 1999. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO REMOVE COUNCll. BILL N0. 24 FROM THE TABLE. Ayes: Council Members Nabholz. Galrc1t Bmdshaw. Habenicht Waggoner, Orazulis. Bums Nays : None The motion carried. City Attorney Brotzman advised lhal lhis matter was labled due 10 rclail concern n:garding the display and storage portion, on page four of the ordinance. §7-6E-I0. This section. if you look at the end ofwhal is now section C-2, that is whal was p,eviously requin:d, he said. It requin:d tha1 ii not be aa:essible 10 the public. The nwlers came to us, he advised. and said that is n:ally difficult for n:lailers. They came lo us. the us being tbe Code Ed>n:ement Advisory Committee, first the sub-committee and then ii wenl back lo the comrniltee as a whole. Their rcquesl was, either put it in line of sight and/or electronic SUMillancc. and for lhat they will provide cducalion 10 their retailers, provide us point provide us other substanlive issues. because ii helps their rttailers out The SIJb.<ommillce 111d comminee as a whole VOied 10 approve lhe change in language. This language is actually language lhat was proposed by the International Municipal Lawyers Associalion. they came up with a basic dial\ of the oode sectioo. That is what this is, 1l1.1t is what the sulH:ommiucc nnd the committee as a whole arc proposing and th: l is what is now in the crdinancc, he sa.id. Council Member 0am,t1 asked iflhal is what the rc1ailers wen: comfor1able wilh. Mr. Brotzman said lhat is what they requested. Mayor Bums said one of the issues is how much the graffiti paint is stolen , and we got very different opinions on lhal. Mr. Bro1Z111an said the ret.'lilers had very dilTen:nt opinions lhan the study in Denver came up with. They an: saying then: is not nearly as lffllth stolen as Denver's study pn:viously staled . Mr. Brotzman said other cities have done similar studies, Ibey disagn:e wilh 1hose studies. Pan ofwhal the)• said they would look at is they l>OUld go back IO !heir rclllilers and ncluall y run througl1 U1cir liSls and see how much is being st olen and try and work oo that issue as well, ifit is a problem. Mayor Bums said U..1 was the main n:ason why you would put it oul of reach. He asked if we have surveyed the Englewood rclllilcrs. Mr. Brolzman staled lhal tl,ey said tl,ey have lalkcd ID our rclailcrs. but in all booesty he docs no1 feel they did a very good job of lalking 10 all of our retailers . Council Member Bradshaw said they did not lalk 10 Home Base. Mr. Brotzman said Ibey lalked 10 a couple. They may have lalkcd 10 Kmart, and ll>ole they actually rcproscnl in the market 11,ey l8ll<cd 10 Wai-Mru1. who is not in our marl<ct yet but is comin ,i. and is one of the groups U1cy ac1ually take care of. and they arc indicaling then: is not th.11 much stolen, and if ii is, they would ndler take care of lhal issue because lhcy do nol want Uieir merchandise leaving tl1c shelf. Mayor Bums asked if !here will be any funl1cr discussion wilh Englewood rclllilcrs . Mr. Brotzman said the promise, in the loner thal Council has, is that theY will come oul and ll1ik witl1 our rclaiicrs aboul the program and educale U,ern about Whal Ibey need IO do, and aboul Slolcn poinl, and how Ibis all works . 1110 bcnefil . he said. and the probabilily oflhal happening would probably not be 1ha1 grca~ cxcc:,t U,a1 O,.nver passed an ordiuancc lhat looks like ,-ragra•~ lwo. ii requires lhal ii be locked behind a clerk, so you could nol reach ii. lliesc very same pcople went to Den\ .r, Denver S:Ud we arc keeping lha1 . we arc not going 10 electronic SW'\'Cilbnce. or line of site . These people really wanl 10 educale our rclllilcrs aboul how nice Englewood is in supporting the rclail community. aod Denver is not . Mr. Bro1zman said he feels 1hcy ,viii nctu.-uly be educa1ing our rclailcrs . Council Member Bradsl.iw said they need 10 go 10 nil of 1hc11t She asked how they will get . '131 liSI. Mr. Brotzman said Ibey aCIW!lly have a liSI. allhough ii is no1 very comprehensive righl now. They had a number of bust . .:sses lha1 En&Jcwood City Council June 7, 1999 Pase 1s have En&Jcwood zip codes, U,at were nOI in Englewood . He said he feels U1cy have actually miued a couple of reUllen, 111 we need to worlc wiU1 them more CNl the correct lisl in contacting our retailer.;, Council Member Hnbenlcht asked if the ordinance, as ~ ltlllldl now. docs not have any dfect on the rewlcrs II all . Mr. Brotzman said it docs have some c/Tcct , but not neorly the impact tliat it once did. You sllll haw, to have electronic surveillance. meaning a camera Uiat actually worlcs in tl1e ceiling. for example in Kmart, so you could sec if someone was 51e:,ling paint, or you would have 10 have a clerk watching where the paint containers arc. Otherwise. you coulo lock it behind the counter, he said . A good example is A & A Trading Post. they have spray paint behind the cleric already . Council Member Hnbenichl S11 id it gives the retailer tlie option to use My one of the tl1"'0, but tl1ey lmvc to do one of them . Mr. Brotzman said yes , or they are in violation ofU10 ordiOMcc and we could bring them into Municipal Cowl for violating the ordinance. Ms. Habenicht asked how you would enforce U1e clerk watching. She said she could understand how you would enfon:e electronic survcilL,ncc or beltind the counter. Mr. Brotzman said ifit is DOI in line of sight of a clerk. or there was not electronic surveillMcc. you would be in violation oflhe ordinance. which means there is a penalty section. wltich is our traditional penalty section. so you could line lhe &tDrc SSOO a day for every day that it is not in tine of sighl or view of the clerk. so it is a dollar penalty to them. Council Member Waggoner said U1cy could just cliangc their isles to U1c direction tliat is away from Ibo cash registers . Mayor Bums asked if we could just pass Utis on first reading until we hal'c the survey . He said ho thought we were going to survey the Englewood businesses bcfon: Utis C3DlC back . Council Member Bradshaw said thal is what they said they wen: going to do . Moyor Bums soid "~gala ligln brush over the people they already n:pn:scnt. and that is nOI whal we expected . Council Member Brndsl,a" said Uiat could be a way of delaying us from passing i~ too . Council Member Nabholz soid then: are sovcral members of the Code Enforcement Advisory Committee hen: tonighL A lot of effort and worlc has been done on Utis from Utis sub-committee, as "~II as the Code Enfon:ement Advisory Committee. She said she did not know if it would be appropriate or not if Uie chair of that sub-committee spoke. She ultcd. ifUtis i, not passed CNl first n:ading tonigh~ is it tabled once again. Mayor Bums saidycu can continue it rather tlian table iL Tabling n:quin:s a di1Tcn:t11 vale. he soid. City Attorney Brotzman s.1id he would probably urge them . since the comatincc h:is recommended this, and you can remove paragraph C and pass the remainder oflhis . Council Member Bradsh,·w said we could just let it go , and try it out 10 sec how ii works. If ii needs strengthening. then we could go from there. Council Member Gamtt suggested liaving a public hearing. Mayor Bums asked if we should set Utis for public bearing. Mr. Brotznwl said you do not have to. you may have a public hearing. Mr. Ganott said it would be a good idea Ms. Nabbolz agreed. since it involves retailers. Mayor Bums said if we an: going to have a public hearing. he 'i!'OWd like 10 have all of our rculilcrs infonned so we can receive commWlity comment. r Juncil Member Ha be nicht said she is not clear. She asked if the changes wen: made because of the person who came here. aod "~ tab ed i~ or did they gr through the Code Enforcement Advisory Commiuoe . Did the Cor'.:; Enfon:emcnt Co mmincc lljJprovc tl,c clu .,gcs? Council Member Nabholz responded affirrn.1tivcly. Sh< said they an: comfortable with it tlic wny it is. Ms. Hnbenicht asked if tliey an: U1c ones who brought it io IIS . Ms. Nabholz said yes. Ms. Hnbcnicht said she is n:ady 10 rnove on it tllCll. sl,c said sl1e had tl1ough1 it ,·,as changed in spite or them . The Ilcpuly City Cleric read tl1c council bill by tiUc : COUNCIL BILL NO. 24 . INTRODUCED BY COUNCIL MEMBER BRADSHAW • • • Englewood City Council June 7, 1999 Pqe 19 A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAl'IBRS 6E AND 6F AND Tlll.E 1' BY REPEALING AND ADDING NEW SECTIONS THAT ADDRESS POSSESSION AND SALE OF GRAFFITI MATERIALS AS WELL AS PARENTAL RESPONSIBILITY. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONl'ED, T'J APPROVE AGENDA ITEM 11 (a) (I)-COUNCIL BILL NO. 24. Ayes : Council Members Nabholz. Gand~ Bradshaw, Habenicht. Wagoner, Clnlzulis. Bums ~Jo .. · None The motion carried. Setting a date for the public hearing was discussed . City Manager Scars staled lhal. ifwc do notify the retailers about the public hearing. ii may lake a little bit of time . Ms. Habenicht said wc arc passing Ibis in favor of the businesses. since ~11• was a suggestion made by lhc businesses . She said this will be the first lime she has ever talked again <? , public hearing. but she really docs DOI think ii is n=ry, since"~ have bowed lo tlie retail conccms. We have taken ii back to the people who first brougllt the onlinance. She said she could see tltat if it was going to be something more detrimental to them. but why would U,,,y come back and make it stricter? Council Member Gamtl said many of o, r retailers have not had any input. and he would like 10 give lhc111 a sh~ if they so desire. Mayor Bums said it can be more of a pmblcm sometimes if people think they did not have a chance to talk about it Cooncil Member Grazulis asked when the hearing would be. Council Member Garrett said as soon as it is pnctical to notify all oflhc retailers. Council Member Bradshaw said wc probably need to go to the second meeting in July . Mr. Sears said that would give us enough time. COUNCIL MEMBER GARRETT MOVY.D, AND IT WAS SECONDED, TO HOLD A PUBLIC HEARING DURING THE SECOND MEETING IN Jlit.Y TO GATHER PUBLIC INPUT REGARDING COUNCIL BILLNO.24. Ayes : Council Members :~abholz. Gand~ Bradshaw, Habenicht. Wagoner, Grazulis. Bums Nays: None The molioa carried. (ii) Din:c:or Gryglewicz presented a rccommend.'llion from tl1e Department of Financial Services 10 adopt a bill for an ordinance placing a question on the November ballot regarding Liquor Occupation taxes. Mr. Gryglcwicz stated that. since TABOR came into effect. any new taxes ?...rt required to go to the voters . This would go to lhc volm for approval of taxes on four licenses, and tlus was discussed al a Study Session earlier this year. he said. n,e licenses arc Brew Pub, Optional Premises Liccosc. Optional 1'-1:mises License with Ho!cl and Restaurant License. and Mini Bar PcnniL and tlus would be for the occupalional 1a, tl131 is listed in lhc ballot question, he said. Mayor Burns asked if a Mini Bar Pcnni1 would 1:c for an entire motel. Deputy City Clerk Castle staled lhat a Mini Bar Permit is for a branch of a ho1cl tlL11 is witlun 1.000 feel of 11,e main hotel. II has lo be owned by the same hotel people, and could be up 10 1,000 feel away . Mayor Bums askt':! if it is ;in actual bar. Ms . Castle s.1id no. ii is in their rooms. the little refrigerator bars. • The Deputy City Clerk IC1d lhe council bill by title : !:nglcwood Ciiy C...ncil Juac7, 1999 l'lj;o20 COUNCIL BILL NO. 39, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE SL'BMnTING TO A VOTE OF TIil! REGISTERED ELECTORS OF TIil! CITY OF ENGLEWOOD AT TIil! NEXT SCHEDULED lJENERAL MUNICIPAL ELECTION A QUESTION AtrrnoRIZING ADDmONAL CATI!GORIES OF TIIE PREV!OUSL YEST ABLISHED OCCUPATIONAL TAX Oil LIQUOR LICENSE BUSl''ESSES . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA rrt:M 11 (a) (Ii)-COUNCIL BflJ., NO. 39. Ayes : Council Members Nabhol z. Gan<tL Bradshaw . Habenicht. Waggoner, Grazulis, Bums Nays : None The motion canicd . (b) There, ere no additional items submitted for approval on second reading. (Set Agenda Item 10 - Consent Agenda.) (c) There were no additionol r, ,ola1 ;ons or mo1ions submit:ed for approval . (Sec Agenda Item IO- Consent Agenda.) 12. General Di,c:uuion (a) Mayor's a,oice (i) Mayor Bums discussed a letter to Council from Jerry Slack, President of the Board of Directors of the Englc,,ood Historical Society rcgruding getting elcctricily for the Dq,ot Museum. Mayor Bums said he is 1101 quilt sure what is being addressed here, and why the Cily would waive a charJ!e, and wl1al that dllllge is . City Manager Sears ach ,scd thal he asked Rick Kalun 10 follow up on thaL and has not yet gotten a report frnm him. He said, as he uadcrslands it , it is to pay for electrical services to the building itself and whatever connection fees there may be. He said he can no1 verify that forCouncil lonight. Council Member Nabholz e,cplnined that there was a lcmpora,y po"er pole back there when the Englewood Housing Authori1y still ownecl U1e properly a,ld all the Historical Society is loolcing for at this poinl is to be able to have an outside light. She said when she met with the prcsidenL and some other board members a, we were pricing JOme things for the box car sale. he soid that he was lold that the wiring Utat wa, run to the depot for the oulSide lighlS was really dangerous. She saicl, if all else fails . and we can not tap into the exist'.ng power pole, the issue is we r.ecd aome lighlS outside. We are nOI wonying about wiring right now, buljust fr,r safely . Cowlcil Member Ganen asked what fees Englewood would be waiving. Ms . NDl>holz said she is not sure . but what the Historical Society would like is a li ght outside the building. We had a tcmpc,rary power line running to that power pole and it has now been disconncel"!. she said . Council Member Wag;ioncr asked iflhey w.rnled an arc., light. a, is in our p,.rks. Ms . Nabholz said yes. Mr. W•ggoner asltal why we don'ljust rcquert Public Service Company to in.rull on, and we pay the monthly bill. Mayor Bums asked if they would just make Uic initial request 10 the Public Service Company for the light. Ms. Habenicht said can we not just nsk staff to ;tddrcss Ulis. instead of us trying 10 :;olve the prcblcrn . It seems like there should be lip! there. she said, and we own :he land. Cily Manager Sears •J>Ologizcd. He said Ms. Nabholz is probably rigl1L and ii is probably as Mr. Waggoner sugcstcd. that we just request a ligltt and pay 1he nonnal fee . Mr. Waggoner said he docs not know what it is now, • EnaJcwood Clr1 Council June?, 1999 Pqc21 but it wed to be that they give you about SSOO, r'!d if it runs above that, you pay tl1c dill'crcncc for the inaalJation and then you pay so mucba month for a strccl light. Mr. Scars Mid, if that is the case, Council canju,t pve him authorization 10 do tha~ and if it is dill'crcn~ he wiU come bnclt to Council. Council concwrcd. Council Member Grazulis said this does raise a concern regarding the properly around il Ms . Nabholz said there is one neighbor this might possibly impac:I. but she has been robbed twice. and sl,c would probably welcome the Ulf,L Council Member Waggoner said if it bothm U1cm. U1ey can always adjust it. (ii) Mayor Bums advised that wo have .. n invitation to the grand opening of the skate pan: at Cornerstone Parlt. Saturday , June 12"a1 l ~AS p,n. (b) Council Members' Choice (i) Council Member Nabholz : I. She n=ls to clarify, when she was roading in the minutes, she gave the inconm dates for the box car sale for the Englewood Historical Socicly . It is Friday , June is• and Saturday, June 19•_ 2. She rcrnindcd Council or •lie Clean. Green and Proud GolfToumarnenl on Monday. Rcgistrntion and contincn~'ll breakfast is al 7:00 n.m. she advised. and shotguns start at 8:00 a.m. (ii) Council Member Bradshaw presented Council Bill No. JS, submitting to a vote of the electors a proposed amendment to the Chr.ncrtl,c minimum age lo qualify as a Council Member from 25 10 21 years of age. for consideration . The Dcpul)' Cil)' Clerk n:.,d the council bill by title : COUNCIL BILL "10 . JS , INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF TI-IE REGISTERED ELECTORS OF 1llE CllY OF ENGLEWOOD AT 1llE NEXT SOlEDULED REGULAR MUNICIPAL ELECTION A PROPOSED AMENDMENT TO SECTION 2J OF TI-IE HOME RULE CHARTER OFlllE CITY OF ENGLEWOOD WIIlCH WOULD REDUCE TI-IE AGE FROM 2S YEARS TO 21 YEARS OF AGE AS A QUALIFICATION TO BECOME A COUNCILPERSON. COUNCIL MEMBER BRADSHAW MOVED COUNCIL NO. 35. Mayor Bums asked for a second. He said it appears we do nol have a second . Council Member Bradshaw said she thinks it is .:ad thar we arc deciding whether people can vole on it. This is just to put it on the ballot. she said. not s.,ying you arc in J,i vor of it. All this says is that it would be a Charter amendment and people can choose to vote for or against il THE MOTION DIED FOR LACK OF A SECOl"D . (iii) Council Member Grazulis mentioned the meeting in the -1-100, 4500, and 4600 blocrs . There are twelve blucks included. she s.1id. on July 2 l• Md we will be gc:1dng out notices lo those members. It will be starting at 7:00 p.m. and Safety Services and otl1cr people will be tl1crc. at Chcmlyn Elementary . (iv) Council Member Waggoner said we hnd n lcltcr from the Transit Alliance about Transit Alliance membership . ll1cy suggested a membership fee for municipalities al $60 .00 per thousand population . He said he would liltc to sec us become a member of tl1e Transit Alliance . Wo arc on an annual budget, so if we sec that it docs nOI do what we tltlnk it should. then we would not l,wc 10 fund ii the next year. Englewood Cily Council June 7, 1999 Page 22 COUNCIL MEMBER W .. GGONER MOVED, AND IT WAS SECONDED, TO FUND A TRANSi? ALLIANCE MEM8ERSRIP FOR AT LEAST ONE YEAR. Council Member Bradshaw said she feels we should wail and see what happens, as sh< feels ii is just a'10lher layer of government and she docs not like to suppon lobby groups. Mayor Bums said he would like to spcalt in favor or it. He sa iJ he kno"• a lot of the people involvrl in this and they arc locused on tmnsi~ as we arc in this cily with our transit oriented do-1clilpmcnl He said he agrus with Mt. Waggoner that, if we join i~ we should take a close loolt at it during the 1~-:.1 year or operation and see wbcthcr we think it is useful, and if not. we can drop the membership . Council Member Nabholz asked ifhe had no! sa id that this was part of the original, when U,c Ci1y went down before RTD Iha! we would suppon the Southeast Corridor if !hey gave !he SUjlpOrt for our project. Mayor Bums asked if she meant five y"'11S ago. Ms. Nab~olz said yes. Mayor Bums said we had talked to all the cities that were involved u, U,c initial discussion and voting at DR COG on tl1 · ,prov al or U1c Southwest Conidor. This is focused on tJlC whole metro area . Council Member Bradshaw said her concern was Uiat U1e people who arc going to be impac1ed by the next light rail spur are not even members yet. Mayor Bums said that is a good question. II may be U-.at they arc just so in• olved in the Southeast Corridor now that they arc just intensely involved in it He said he is not sure why some ofO,cm arc not on Utis letter, but he said he was sure they arc asking them to be on it. Council Member Habenicht said to shed some Ught on that. those communities that we worked with to gel strong suppon for us when we were IJ)'ing to get the Southwest Corridor, are the cities that arc rellccted in membership in this Transit Alliance. specifically Arvada and Golden. Council Member Garrell said he •vill be voting no for Utis. but will be a strong supponcr of those communities. He said he just docs not believe Utis is the right forum at this time. Vote n,sultJ : Ayes: Council Member, Nabholz. Habenicht. Waggoner, Grazulis. Bums Nays: Garrett Bradsh.1w The motion carried. (v) Council Member Habenicht I. She thanked whoever put the infonnation out about the imp.1ct that the arts have on revitalizing downtown . She said she U1ough1 she would call ancnlion 10 it because she did not pui ii U1cre, and she thinks it is pretty neat and agrees with it 2. She said they did ha\'c a letter in the infonnalior. ~..:kct that came from someone in Denver. It addresses the noise issue and U1csc big booming, booming, boominF, She said she feels there is a health issue involved and she would really like to sec us look into that She said sl,c lias mentioned it befo~ and is not sure what the right thing to do is. bu! feels it is problematic. She s;,id she wonder, if it affects people with pace maker,. Mayor Bum., said we do have a noise ordinance, and the lcucr was a litUc bit strong. Ms . Habenicht said she docs • not agree with the lcncr per sc, but feels it is an issue and would like to sec us look at it • • • l!aaJcwood City Council lune 7, 1999 Page 23 C:ouncil Member Gmzulis said especially those who live around stop signs. when, it is there for a longer while than just palling througlL Ml. Habenicht said Otis pulsating can get things ranling. like an earthquake . Council Member Gra zulis s.1id she docs not know what the policy is regarding the blackened windshields and whal lhe law s. At one time it used to be not the fron t windshields. just the back ones. and now there arc more and more can wl ,re you can not sc., O,c driver. With today 's situations. that could be very dangerous, she said, and she was just wondering what the regulations were n:garding 0\111 in Englewood . Mayor Bums said it is an issue and a litt..lc disconccning to look into a car where you can not tcU what the driver is looking aL whether he secs you or noL City Manager Scars said we can do some follow up. Lieutenant Wicks said he would rcscan:h it and get back to them . 13. City Manager's Re11ort (a) City Manager Scars reported on 01c n:dcvclopmcnl of Cinderella City . He said the twin T's have been ordered. amt that is moving ahead . We have h.id some very good meetings, he said , including this afternoon with Wal-Man representatives in particular. 11,cy really want to push this along to get this closed, and they arc going thrnugh very dctnilcd infonnation to get all the agrcemcnlS pll together, he advised . That is very cncountging from that side, we an: working through 01e issues and the i,rojcct is moving along, he said . Council Member Waggoner said it seems like we ought to be able to get the dc\'elopcrs a list of tenants before long. Mr. Scars said ,., will work on 0\llL 14. City Attorney'• R,port City Attorney Brotzman did not h,,vc any matters to bring before Council . 15. Adjournment MAYOR BURNS MOVED TO ADJOURN. The meeting adjoumod at 9:45 p.m .