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HomeMy WebLinkAbout2002-06-03 (Regular) Meeting Agenda Packet• .... •• . . 'f ' .. . ·• • • .. · ... • • I ... ~ ·• ., . -~-. : ·•' . .. . • • : f.., t ... ,· -. "' • I -; • :-• ~> .. ,. :, ~ ,: . .. ........ · ..... ' .. • . ·. ~·;: j:J\: . ..-.-· . .. , · .. ·· · ... : .• 0 ·. .' .. Regular City Council Meeting June 3, 2002 '• Ordinance # 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 Resolution # 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68 • • . -:J \, • . . •• • 0 . .. . 1-• ' /· ' • • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Jleaul•r Seaioa Jue 3, 2002 I. Call to Order The regular meeting of the Englewood City Council wu called to order by Mayor Bradshaw at 7:30 p.m. 2. lavoc:atloa The invocation wu given by Council Member Nabholz. 3. Pled&e or ADepaaee (•) Cub Scout Pack #172 praentcd the colon md led the Pledp of Allepace. Tim Sullivan thanked Council on bebalfofthepumll, the Cuba md the fiieada of Pack #172 . 11aoup your generosity md your 1taff'1 generosity, we have been able to 111e the Rec:realioa Ceaser. We planled the flowers out in front of the Recration Ceaser tbia year, be uid. We would lib to 111111k Mr. Sean. Mr. Black md especially Lynn Harpove at the Rccration Ceaser, wbo baa acrunbled to 1111b 1111e w: bad a place to have our pack meetiap. Abo, I would like to 111111k Dr. Luqia of C1llll'lea Hay Elemealary School. We loolc forward to belpina out wbere ewr we caa, be uid. Mr. Sallivaa offend c:-il his tbaab md apprec:iation. Mayor Bradshaw llid Ibey were welcome to come back. She thanked all the pareall aad family IIIDIDben for coming. 4. RollC.U Pt-elm: Council Members Nabllolz, Nome, Onalis, Wololya, Yun:bick, Bndlbaw Absent : Council Member Gurett A quorum was present. 5. Mlautes Also present: City Muaaer Sears City Attomey BRIIZlnlll City Clerk Ellil (a) COUNCIL MEMBER GRAZULIS MOVED. AND IT WAS SECONDED, TO APPROVE TKE MINUTES OF TRE UGULAll CITY COUNCIL MU'l1NG CW MAY .. JIU. Motion carried . Ayn: Council Members Nabllolz, Momw, Wolaaya. Ywuick, Onmlil, Bndlbaw Nays : None Ablent: Council Member Gurett 6. Se1Nduled Vlllton ED11ewood City CouacU JuneJ,2002 Pa1e2 There were no scheduled visitors . 7. Unacbeduled Villton There were no 11111Cbeduled visitors. 8. Commlllllcadou, Procla-tlom ud Appolatnmatl There were no communicationa, proclamatiODS or appointments. 9. Public HeariJI& No public bearing was scheduled before Council. (a) Approval of Ordinances OD First Reading COUNCIL MEM.BER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I) and (I) ON FIRST READING. (i) COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 6F, SECTION 6, BY THE DELETION OF SUBSECTION C, AND TITLE IS, OF THE ENGLEWOOD MUNICIPAL CODE 2000 WITH THE ADDmON OF A NEW CHAPTER 16, PERTAINING TO GARAGE SALES. (ii) COUNCIL BILL NO. 28, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, SECTION 4, SUBSECTIONS 3 AND 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE EXEMPTION FROM SALES TAX FOR GARAGE SALES. Council Member Yurchick said be bad a question OD die first c:ouncil bill. He uid it ta1b about die aipa and the removal of the signs, but it doesn't discuss the penalty that would be -iq,oaed if you don 'I remove the signs. City Attorney Brotzman explained that the penalty ia at the very end. It ia our 1encnl pcna1'ty clause, be said . Mayor Bradshaw asked if that is consistent with littering . City Attorney Brotzman said that is comet. Mayor Bradshaw asked if there were any other questions . There were noae. Mayor Bradshaw caUed for the vote . Vote results: Ayes: Nays : Ablcnt: COUDCil Members Nabbolz, Moore, Wolosyn, Yurchic!t, Oruulis, Bndabaw Nooe Council Member Garrett Englewood City Council June J, 2002 Pagel Motion carried. (b) Approval of Ordinances on Second Reading There were no items submitted for approval on second reading. (c) Resolutions and Motions There were no resolutions or motions submitted for approval. 11. Reaular Agenda (a) Approval of Ordinances on Finl Reading There were no additional items submitted for approval on fust reading. (See Agenda Item IO -Consent Agenda.) (b) Approval of Ordinances on Second Reading There were no items submitted for approval on second reading. ( c) Resolutions and Motions There were no resolutions or motions submitted for approval. 12 . General Dlscuuloa (a) Mayor's Choice (i) [Clerk's note : See page 6.J (b) Council Member's Choice ( i) Council Member Grazulis: I . She said I realize this is not my area, but I was talking to a lady about the 4600 block of Mariposa . She said there is a real nice lot sitting on the City Ditch and it should be just one, but they are subdividing it into at least two and the copper tubing is already coming out of the ground. Mayor Bradshaw noted Council had received a packet on that. Doug Garrett and l both spoke to the woman, she said, and what happened -s that there were some lots that were annexed into the City in 1991 . The City rezoned the properties to be similar to the former county zoning. City Manager Sears noted it was actually two areas . One side was R-IA and they already had some R-IA there and the other was R-IC and they already had R-IC there. So when the Planning Commission looked at it , through all the public bearings, they said we think it should be consistent with this new property coming in ... to what is already there . Because, there is already some R-1 C there . As a result, they annexed in, based on that. But they went through public bearings and they had a statement of facts u to why they came to that conclusion at that time. By State law, you have si11ty days from when a property comes in, to zone ii. C ouncil Member Grazulis said I think it is unfortunate, because it will be the only one like it in the area. But that. she said, is just from my observation. t ... .... ·.> • • Enatewood City Council June 3, 2002 Pace4 Mayor Bradshaw said I believe the person who called you is the one who called me. I directed staff to call her. She didn't like their answer so she called Doug Gurett. Council Member Garrett met with her and she was given the same answer. Then, Mayor Bradshaw said, she called Council Member Grazulis. Mayor Bradshaw stated it is unfortunate and we are looking at ways to do a better job, but we don 'I have that many properties coming into the City now . 2. She said in the 3900 block of South Broadway, OD the east side of the lllreel, there is a 1900 square foot area there. It was up for rent for many, many, many months and now it appears that it is going to be another second band store. I don 'I know if we need to address that, she said, because that entire strip is going to be nothing but second hand everything. I don't want to put anyone out of business, because we want to make sure that our antique people don't fall into that same category, but this is a second hand clothing store. I thought I would just give you a beads up on what is going in there. I thought at one time, she said, that we had discussed trying to slow down some of the second hand things going in. Mayor Bradshaw said I think we almost need to look at maybe restricting any more of those coming in with the foot limitation, like we have OD some other stores. Maybe, she suggested, we jlllt need to add that type of business to the list. Council Member Grazulis said okay. But, she noted, being an antique person myself, I don't want to see antiques thrown into that category, because that is a whole other type of business, as opposed to second hand clothing. At least, she said, I look at it that way. 3. She asked what happens when people want to locate a new business in the City. When they contact the Chamber, does the Chamber tum these people over ID Comnmity Development? Do tbey just give them a packet with information on the available land sites or, if they contact Community Development, do they turn anything over to the Chamber? She ubd if there was anybody working with anybody else on that. Mayor Bradshaw noted there used to be a packet that the schools, the Chamber and the City participated in, but we haven't done that for years. City Manager Sears noted that Jan Johnson works continually with them, and we are in contact with the Chamber on a daily basis. I suspe,;.t we are doing that, be said, but I can't answer that question. Council Member Yurchick advised that Jan Johnson gives ACE, in their packet, a list of all available space in Englewood . The Chamber is on the conunittee, be said, and in turu they act that packet, so I would hope they share that information. Mayor Bradshaw suggested he mention that at their next meeting . Council Member Grazulis said we just wanl to make sure we don't loae anybody because we don't conlllct them. (ii) Council Member Yurcbick: I . He said regarding Jan Johnson's response on the business letter that is aom, out, I would llill like to see that and have ACE look at that before it acts really formalized . Mayor Bradshaw noted that ACE is our Alliance for Comnerce in Englewood poup. 2. He said he just wanted to give Ken Rou'1 department a plua toolaht. When I left this momma, be said, they were working on the street in front of my bouae, aettina ready to micro coat it or whatever tbey were doing . They bad their no parkina sians, but l thouaht it waa nic:e that they -loin& door IO OllOr Enpewood City Council June 3, 2002 Pqe5 giving people a chance to move their car, not just a ticket and tow. It was nice to see them doing that. If your car -s on the street they were going to your door . City Manager Sears stated they do an outstanding job. l will pus that on, be said, because those crews work really bard and I know they will appreciate the comment from Council on that Council Member Yurchick said he just thought it was a real nice, positive thing to do. (iii) Council Member Wolosyn said we bad talked about looking into banning grills on balconies and wooden patioa. City Attorney Brotzman said this topic is set for Study Sesaion next week. Mayor Bradshaw said, so, that would come from the Fire Manhall to us. (iv) Council Member Moore : I. He said I received a call from a lady that lives at Emmon and 285, becaUle Code Enfon:ement is trying to get her to take care of IOme weeds along 285. It is on a hill lO Ille kind of feels like it is a risk to try to do it and Ille doesn't even think it is her property. I have asked Bob Moore and Gary Sean to see what we can do to make sure the City and the citizen can find a workable 10lulioa. 2. He advised be would not he able to make next Monday's Study Session. I will he out of town OD June 10•, be said . Mayor Bradshaw noted Council will be conductina intervie-that nipt and will abo bold an Executive Session. Council Member Moore noted he could participate by phone for either of those, if that ii belpl\al and can he acconunodated . Mayor Bradshaw advised that they might need to have him on the phone for the Executive Sesaion, u Council Member Garrett will he gone also. Council Member Moore said okay, I am definitely accessible by phone, even tbouab I will he out of state . (v) Council Member Nabbolz : I . She reminded everyone that Sanuday, June a• is Old Town Englewood '1 Sidewalk Sale. 2. She apologized for leaving the City Council Goal Meeting early. 1 bad to set to work, Ille said, and I bad thought that we would be out of there by 2:30 p.m. Mayor Bradshaw said we were out of there at about 2:SO p .m. 3. She said the next two tbinp I have arc ofbia coacem to me. I lave bad two calla in rwprdl eo the South Metto Drug Task Forcc , lllppOICdly, "poppina" a metb house. next door eo 3060 Saudi Dela-. Ms . Nabholz pointed out that these arc the kind of tbiDp that we were lllund that if there -~ like this happening in our City then we would ~ve a report OD it. So I would appreciaae fladina out if, in fact . it d id happen . City Manager Sean said he would look inlo it. Enctewood City CoUDdl .June3,2002 Pa1e6 4 . She said that on a Saturday night, May 2.,., as I was coming home from work, walking down Cornell west, there wu a car that did about duee U-cc's in the intenectionand then sped off and there were all these little kids in the yard. Two houses up the street on Delaware, they bad a large party all day long. At about S:00 p .m that night a truck pulled up, be backed up and all you saw was smoke from his tires and there were kids everywhere and some were riding their ICootcn in the 11treet. He 1C1ea1111 down to Delaware and Bates, then turns around and comes beck to Bates and Cornett. I miued the last two steps just trying to find my son and bis little buddy that wu spending the night. Everybody was out and they were all looking for their ltida. We called the police on this . I love our police department, illc uid, aoJ I've never bad but one altercation with an officer that I felt wu not fair. They have always been more than helpful to me . But an officer Brian Cousineau showed up. Ma . Nabbotz stared that be was one of the rudest, nastiest officers she bad ever spoken with. In fact. she said, I didn't talk to him, I let everybody else do the talking and l Ill!! j=:t-iiiila: iillc:qround. He did not bother to pt out of his wbicle when -asked to talk to him. He was very perturbed that be bad to pull bis notebook out of bis pocket to get the neighbor's name. You know that, bottom line, we are all a community around here, and we all take care of our kids and neigbbon. The officer advilecl us to go over and he neighborly. One ofmy neighbon asked if it was okay for us to go over onto bis porch, introduce ourselves and let him know that we've got ltida and we're concerned. The officer told us to go ahead, ao -did. We didn't know what was going ID happen, but we did. But, Ms. Nabbolz said, the way the officer treated us that nipt, I wu not ~ and I sincerely hope be bas a change of attitude when be deata with any other citizen in this City. City Manager Sean stated we will do a full follow-up and review. I appreciate it, be said, thank you. Council Member Nabbolz stated this is concerning me . ••••• Council Member Woloayn called ~·1 allelllion ID the Spring Swing 111D1U11Ce111C1 that ii in Council's packet. This ii one oftbe tint effixts of the EnaJewood Edal:alioe Fouadatioa to lave a rally big benefit, she said, and it ii for a really aood cauae. The -.y goes direc:t ID ltlideals and creative gruua . She pointed out that it ii not a board that bas a high overhead, so you caa he pretty -11 a-teed that your money, which is tax deductible, goes to either creative granta for leleben or for acbolanbipa for Englewood ltida. • •••• (1) Mayor's Choice (i) Mayor Bradshaw said they bad a really good session on Saturday and she wanted to thank Gary Sears and the department beads for doing a good job. She said she wanted to reiterate that Mike Yurchiclt still needs some more anawen to the budpt cuts. I tbinlt that ii probably being taken care of. Council Member Yurcbiclt said Frank Gryglewicz knows what I want. (ii) Mayor Bradshaw noted Council received a memo reprdina the bacqround checks on rental tenants . She said she j111t wanled ID brina ii to Council '• altelllioa tbat the Enate-d Housing Authority not only does the credit and reference check, but they also do a CBI cbeclt. I thiDlt we are working toward gettin& control of those properties. she said, u far as Section 8 is concerned, in northwest Englewood and I tbiDlt it will work out really well . (iii) Mayor Bradlbaw said Council recetved a flyer about the c-un,y Builder A ward and I wondered if we couldn ·t talk about tbat at the S&udy Seaaion on July 1 •. Then -could ltart handing out some awards to cilium in our c:oanamity wbo are doin& good thinp with their pn,pertiea. I Eqlewood City CollDCU .JuneJ,2002 Pap7 think it is nice that we do that at Cbristmu, she said, but I see some really beautiful yards and maybe we can look at the most improved properties too. Maybe Code Enfo~ment could help us with that, she said, but I would like to talk about this on July J ". City Manager Scan noted that in that memo we bad included kind of a review, but u we understood it, Council does want to talk about some allmlatives befon: we actually start to put together the program. Mayor Bradshaw said then we can brainstorm on July 1 •. (iv) Mayor Bradshaw noted that on June 2o* we have a concert with the Nacho Men. (v) Mayor Bradshaw said we have a new show at the Museum of Outdoor Arts and lbe reception is June 14•. 13. City M .... er'1 Report (a) City Manager Sean said he just wanted to make Council aware that on South Broadway there is a property with a bole in lbe ground next to it They bad been planning to do a VFW on that site and it baa taken us a lot of wort, and almolt a year, for them to actually come back with a set , r plana. Om contractual comnercial planning review firm that apeciames in that rejected the let of plans tocy presented to us about two weeb qo. We don't know if Ibey are aoina to come back with another set of~ plans, but u a result of thole plans there is a question about the bole and whether or not it is affecting the structural capacity of lbe exilting building that is on lbe site. We are -tina with them and requiring them to have a structw'al review of that building, so that we will know ifit ii a safe building for their currmt purposes and especially if anythina ii aoin& to be built Oil lite. E-tbouab I un not a llnlCtUnl engineer, be uid, and I don't know eucdy wbae this will ao, there ii -polelllia1, dat became of that bole that building may be affected from the l1ructunl viewpoim and if ao, from a ufety viewpoim, we may end up havma to uk thole tenaall to move lllllil there ii time to sepia tbe lllnlCIUnl inletl,ity of that building. City Manager Sean noted that plans come in and every time we are ready to take ICtiOll there ii a new updated set of plans. By Code we are required to take a look at thole, but we are now kind of in another phase and we are lllppOled to have a report, by tomorrow or the next day, Oil tbe exact 11a1111 of that building. It is not in any immediate daapr, from OW' viewpoim, but we me Oil top ofit and ljult wanted to make Council aware, in cue we do get into an imeme situation with tbe exiatina building owner. M we may have to take, for safety purpoaes. a tough stand. Mayor Bradshaw said it is no diffemn than if a building baa been affected by a fire or IOIIIICbiDa lib that We have to make lbe building safe . That baa been an eyaGR for two years, she llid. City Manager Sean agreed it has been an eyesore and it has been biabJy fnaalnlina. VFW ii tryin& to piece together all of their funds. Despite the uae, we lllill have an obliplioa to prua,ct tbi: ufety of tbi: existing building. I will keep ~ posted and the Tbunday repcxt will probably lave tbe cmreal 11atus of the situation, he said. • •••• Mayor Bradshaw asked Leigh Ann Hofthinn to draft a le..-to CUb Seoul Pack 1172 and ever,._ oe Council will sign it and we can send it to lbem. ••••• (b) City Manager Sean uid we also i.ve tbe C-..ily Dnelupaw.-.._.... dill Thursday morning . Enp,(ood City CoancU Juae3, 2002 Papi Mayor Bradshaw said I have a board meeliDa, IO I bave allady ltSVP'd that I won't be lbcre . 14. City Attoraey'1 ....... City Attorney Brotzm111 did not law my maltal ID briJI& before Couacil. IS . Ad~t 7=;;;-n. ___ ,,,, .. (/~ 1. 2. 3. AGENDA FOR THE REGUlAR MEmNG OF THE ENGLEWOOD CllY COUNCL MONDAY, JUNE 3, 2002 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Pil'kway Englewood, CO 80110 Call to order. '7; !,(} ~ hwocadon J}~ Pledge of Allegiance. a. Cub Scout Pack 1172 will present the colors. 5. Minutes. ¥fd ,-oa. Minutes from the Regular City Council Meeting of May 20, 200~· 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) g 7. Unscheduled Visitors. (Please limit your presentation to five minutes.) ff 8. Communications, Proclamations, and Appointments. % 9. Public Hearing (None Scheduled) /? i. Council Bill No. 27 -Recommendation from the Department of Finance and Administrative Services to adopt a bil for an ordinance adcln1 a new Chapter 16, Garage Sales, to Title 15 of the Englewood Municipal Code. STAFF SOUia: Frank Cr,alewia, DndDr al FlnMce • A.dlu"Mallwie s.wkill. ,._ IIOle: If you liaw a 6allllly 1M _., ...a.y ..• ...., ..... ..., .. ae, ell -1=•• (303-762-2405) al .... • ..... la ..... ., ...................... ,... Englewood City Council Agenda June 3, 2002 Page2 ii. Council Bill No. 28 -Recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance amending 4-4-4-3 (Exemptions to Sales Tax License) of the Englewood Municipal Code to coincide with the new provisions in Title 1 5, Chapter 16, pertaining to Garage Sales. STAFF SOURCE: Frank Cryglewlcz, Director of Finance and Administrative Services. b. Approval of Ordinances on Second Reading. c R~ ,nd Motion,. 1 1. Regular Agenda. a. b. C. Approvg Ordinances on First Reading. Approvpf Ordinances on Second Reading. Resolutions and Motions. ,I)" 12. General Discussion. I ' a. Mayor's Choice. b. Council Members' Choice. '. 13. City Manager's Report. 14. , City Attomey's Report. Adjournment '7:5~ ~ The following minutes were transmitted to City Council between May 17 and 30, 2002: Englewood Urban Renewal Authority meeting of February 13, 2002 Englewood Election Commission meeting of March 7, 2002 Englewood Housing Authority meeting of April 3, 2002 Englewood Public Library Board meeting of April 9, 2002 ' . Plwe note: If you haw. clullilly wl .... ....., ......... ,.... ..-.. C1lr.,, -· ••• (303-762-2405)alla8II ...................................... ,.. ranscript Excerpt from Regular City Council Meeting June 3, 2002 Council Member Nabholz ... "On a Saturday ni&ht, May 271h, as I was coming home from work, walking down Cornell west, there was a car that did about three U-ce's in the intersection, sped off ... all these little kids in the yard. Um, up the street ... two houses up, two houses up the street on Delaware, they'd been ... bad a large party all day long. um, so at about five o'clock that night a truck pulled up md he backed up md all you saw was smoke from bis tires ... there's kids evcryw!lcn. They're riding their ac:ooten in the street ... everywhere else. He screams down to Delaware and Batea ... be turns around and comes back to Bates md Cornell and I miaed the last two steps just trying to find my aon and bis little buddy that was spending the night ... acreaming, where are the kids? Everybody wu out. They were all looking for their kids. Uh, we called the police on this md wn .. .I love our police department I've nevs bad but one llten:ation with an officer that I felt wu not fiir. Um, they have always been more than belpfill to me ... uh, a companion. But an officer Brian Cousineau showed up. He wu one of the rudest, nastiest officers I have ever spoken with. In fact I didn't talk to bun, I let everybody else do the talking. I WU just in the background. Ab, he did not bother to get out of bis vehicle ... when we asked to talk to tum. He wu vsy, um. perturbed that he bad to pull his notebook out of his pocket to get the neigbbor's name. And, )'OU know we also ... bottom line is, we are all a community IIOUlld here, we all take care of our kids and neighbors ... and be says ... then go over and be neighborly. And, you know, one of the men's response wu .. .is it okay then for us to go over onto his pon:h, introduce ourself and say ... ya know ... we've got kids, we're coocemed, my mme ii such and such? He said go ahead ... so we did. We didn't know what wu aoin& to happen, but we did. Um, but the way be treated us that night, after being s ... so alarming and everybody screaming for kids with this truck ... um, I wu not imprmod and I sincerely hope be bu bis ... bas a change of attitude when be deals with any other citizen ... in this City." City Manager Sears ... "We'll do a full ... we'll do a full follow-up and review. I appreciate it. Thank you ." Council Member NabhoJz ... "Y eab ... this wu concernina me." ~I.~ City PLEASE PRINT PUBLIC COMMENT ROSTER AGENDA ITEM 7 DATE: June 3, 2002 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES ~NAM~E ____ ,:..ADDRE....,.,._.ss....._ _________ ~ PACK 172 DLL ....................... 171 Weares1 ... n•1traweant1 ...... wes11e1110111wte1111nt1e NY•• WOOOOOOO WHOOOOO 17~ .... 1 ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Resular Salloa May 20,2002 I. Call to Order The regular meeting of the Englewood City Council wu called to order by Mayor Bndlbaw at 7:3S p.m. 2. Iavocadoa The invocation was &iven by Council Member Nabbolz. 3. Pted1e or Allectance The Pledge of Allegiance wu led by Mayor Bradshaw. 4. Roll Call Present: Absent: A quorum wu present Also present: 5. Minute, Couacil Memben Nabbolz, Moore, Gruu1ia, Garrett, Woloayn, Ymdlick, Bndlbaw None City Manqer Sean City AllOmey BRltZIIIID Auiltant City Maaqcr Flaherty Deputy City CJcrlt Cude Director Olloa, Safety Services Officer Fiepr, Safely Scrvicca Director Black, Parb 111d Reaatioa Senior Planner Graham, Conmmity Development (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 6, 2N2. Ayes : CoUDCil Memben Nabbolz, Moore, Woloayn, Yun:hick, Gruulis, Bradshaw Nays : None Abstain : CoUDCil Member Garrett The motion carried . 6. Scheduled Vlslton (a) Representatives from the "Old Town EngJewood" lfOUP wen pnaea& to req1a1 a waiver of rental costs for we of Pub 111d Recreation Department equipment (Intl 111d cbain) for die Sidewalk Sale and Summer Celebration scbedulecl for J-8, 2002. Bob I..auab1in diaabd Council for alloWUII him to speak this evening . He said be was a new merchant in Enclewood. 111d 1h11 be lpplllCillld Couaci1'1 friendly support of their efforts . He also thanked the Greater EnaJewoc,d Cbambcr of C-.W. 111d tblir members who were here tonight to show support. Mr. l.auah1in also thanked Jan Jobmoa 111d the Englewood City Council May 20 , 2002 Page 2 Community Development Department for their valuable help and encouragement. We are here tonight because we have a vision for the bright future of the City of Englewood, he said. The Old Town Englewood merchants have asked the City for permission to hold a parking lot dance after the day's events of June s"', when we have the citywide sidewalk sale. The idea bas garnered great response from Parks and Recreation and Commwrity Development. The idea for the dance was u much to have a community get together as it was a fund raiser for Old Town Englewood, but if we can attract some attention from outside of Englewood for this event, then that is better still, he asaerted. We are here tonight to request a waiver of fees for the show wagon, the chairs and the tents needed to put this event together. Our group is very new, and we have a very small budget, he said, which is already spent, so we are uking for your gracious generosity one more time to grant us a waiver of these fees. · Mayor Bradshaw said Council would take it under advisement. Council Member Yurchick asked if that was for a one-time event, or for several events. Mr. Laughlin responded that it was a one-time event, so they can see how it goes . 7. Unscheduled Vlslton (a) Jim Goodrich, 2890 South Logan Street, told Council that he had given them a letter stating his concerns. Basically, it is the speed limits around the parks in Englewood that concern him. A s:ries of events led up to the fact that I found out that our signs are advisory speed 1igns, he Aid. Aslistant City Manager Flaherty was the one who caught my flack when I wu tint trying to ftaure out what the speed limit was, because the radar speed sign said thirty, when the parks sign said twenty-five. By calling the police department and c~laining to them, I got the response that they would pua it on, he said. Then, after nothing happened Monday, and there WU ID lic:Cident Monday night. I came Into Civic Center and was rather hot under the collar. Mr. Flaherty wu the tint one I ran Into, then I went to the commmity liaison officer, he related, and she settled me down a little bit She told me they were advisory ligns, and I bad never realized that the State of Colorado had an advisory speed sip. They do have them, but they specify that it coven only curbs, co,mcn and on-ramps, but it does not have a recopized sign for parks. Our univenal sign with kids on a teeter-totter is not one of the Stale'I m:ognized signs, he said. The point is, I feel that our parks need a reduced speed limit, he said. The pub are in tbll swing now, with events every night at Bates Logan Park. On the weekends, it is jammed, he added. Mr. Goodrich said be would not be able to attend the ET AC mectin& on 11111e 13•, but be will send a letter to Chairman Dave Anderson expressing his desires . He urged Council to recognize this problem and put people in place wbo can research it and find out what we need in the form of a sign to regulate reducc4 speeds at our parks. Mayor Bradshaw asked if this should also go to the Parks and Rec:reation Conmisaion, since they are advisory to Council. Director Black responded that they had not had a discussion about this, but would put it on an aaenda . Mayor Bradshaw felt it was a park-related issue and should go to them fint. She thanked Mr . Goodrich for bringing it to Council's attention. 8. CommunlcaUons, ProclamaUons, and Appointment, (a) A proclamation declaring the week of May 19 throup 25, 2002 u EmerJcncy Medical Services Weck wu considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SICONDID, TO APPROVE A PROCLAMATION DECLARING THE WU:K OF MAY 19 THROUGH 25, 2'12 AS EMERGENCY MEDICAL SERVICES WU:K. Ayes : Council Members Nabbolz, Moore, Ganett, Wololyn. Yurchick, Englewood City Council May 20, 2002 Page3 Grazulis, Bradshaw Nays : None The motion carried. Director Olson came forward to accept the proclamation. (b) considered. A proclamation declaring support for the "Click It or Ticket" Scat Belt Campaign was COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING SUPPORT FOR THE "CLICK IT OR TICKET" SEAT BELT CAMPAIGN. Ayes : Nays : The motion carried. Council Membets Nabbolz, Moore, Garrett, Wolosyn, Yurcbick, Gnzulis, Bradshaw None Officer Bob Fieger came forward to accept the proclamation. 9. PubUc Hearin& No public hearing was scheduled before Council. 10. Coment A&enda COUNCIL MEMBER GARRETI MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I) THROUGH (vlU) AND 11 (c) (I) AND (U). (a) Approval of Ordinances OD First Reading. There were no ordinances submitted for approval on lint reading. (b) Approval of Ordinances on Second Reading . (i) ORDINANCE NO. 20, SERIES OF 2002 (COUNCIL BILL NO. 14, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AMENDING TITLE 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000 WITH THE ADDITION OF A NEW CHAPTER 13, ESTABLISHING A PARADE COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . (ii) ORDINANCE NO . 21, SERIES OF 2002 (COUNCIL BILL NO. 19, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "PERMANENT TRANSIT EASEMENT'' BETWEEN THE REGIONAL nANSPORTATION DISTRICT (RTD), THE ENGLEWOOD ENVIRONMENT AL FOUNDATION, INC. AND THE CITY OF ENGLEWOOD , COLORADO . (iii) ORDINANCE NO. 22, SERIES OF 2002 (COUNCIL BILL NO . 20, INTRODUCED BY COUNCIL MEMBER WOLOSYN) Englewood City Council May 20, 2002 Page 4 AN ORDCNANCE APPROVING SUPPLEMENT NO . 153 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE CNCLUSION OF LAND WITHCN THE DISTRICT BOUNDARIES. (iv) ORDINANCE NO. 23, SERIES OF 2002 (COUNCIL BILL NO . 21, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE APPROVING SUPPLEMENT NO . 154 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES . (v) ORDINANCE NO. 24, SERIES OF 2002 (COUNCIL BILL NO. 22, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT Wl1H CENTENNIAL WATER AND SANITATION DISTRICT FOR CROSSING THE McLELLAN WATER LINE EASEMENT. (vi) ORDINANCE NO. 25, SERIES OF 2002 (COUNCIL BILL NO. 23, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT ENTITLED "AGREEMENT' BETWEEN ARAPAHOE COMMUNITY COLLEOE/AVS CAREER AND TECHNICAL SCHOOL AND THE CITY OF ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT 2133 WEST WESLEY A VENUE. (vii) ORDINANCE NO. 26, SERIES OF 2002 (COUNCIL BILL NO. 24, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AMENDING TITLES 4 AND 5 OF THE ENGLEWOOD MUNICIPAL CODE 2000 \VHICH WILL CLARIFY AND SIMPLIFY THE SALES TAX AND THE MISCELLANEOUS LICENSE PROVISIONS OF THESE TITLES. (viii) ORDINANCE NO. 27, SERIES OF 2002 (COUNCIL BILL NO. 25, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD'S EXERCISE OF ITS RIGHT OF FIRST REFUSAL TO PURCHASE PRO PUTT SYSTEMS, INC. (c) Resolutions and Motions . (i) RESOLUTION NO. SS, SERIES OF 2002 A RESOLUTION IN WHICH THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO HEREBY CASTS ITS EMPLOYER 'S VOTE IN FAVOR OF THE FIRE AND POLICE PENSION ASSOCIATIONS (F .P.P.A.'S) PROPOSED AMENDMENTS NO. 1 AND NO . 4 AND AGAINST F.P.P.A. 'S PROPOSED AMENDMENTS NO . 2 AND NO . 3. (ii) RESOLUTION NO . 56, SERIES OF 2002 A RESOLUTION AUTHORIZING THE APPROVAL OF DIRECT SUBGRANT AW ARD FOR THE COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE ACCOUNTABILITY INCENI1VE BLOCK GRANT PROGRAM . Vote results: • • Englewood City Council May20,2002 Page 5 Ayes: Nays: The motion carried. 11. Replar A&enda Counci) Memben Nabbolz, Moore, Ganett, Wolosyn, Yurchick, Grazulis, Bradshaw None (1) Approval ofOrdiuances on Fint R.eading. There were no ordinances submitted for approval on tint reading. (b) Approval ofOrdiuuca on Secoad Rcadina- COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 11 (b) (I) AND (U)-ORDINANCES NO. 29 AND 29, (i) ORDINANCE NO. 28, SEllIES OF 2002 (COUNCIL BILL NO. 17, INTRODUCED BY COUNCIL MEMBER NABHOLZ) AN EMERGENCY ORDINANCE ESTABLJSHING A TEMPORARY SUSPENSION OR MORATORIUM ON THE ISSUANeE OF PEllMlTS FOR NEW SINOLEf .\MILY ATTACHED AND MULTI-FAMILY RESIDENTIAL CONSTRUCTION, Oil ANY HOUSING R.EQUDUNO THE SUBDMSION OF PROPERTY, IN THE AR.EA LOCATED BETWEEN WEST EV ANS A VENUE ON THE NOR.TH, WEST VASSAR. A VENUE ON THE SOUTH, SOUTH TEJON STllEET ON THE EAST AND SOUTII ZUNI STREET ON THE WEST, FOR A PERIOD OF SIX MON'IHS. (ii) ORDINANCE NO. 29, SEllIES OF 2002 (COUNCll. BILL NO. 26, INTRODUCED BY COUNCIL MEMBER NABHOLZ) AN ORDINANCE ADOPTING AN AMENDMENT TO THE 1979 COMPREHENSIVE PLAN (MASTER. PLAN) FOR THE CITY OF ENGLBWOOD, COLORADO BY C'JlEATINO A NEW SECTION ENTITLED "SMALL AR.EA PLANS" AND A NEW SUB-SECTION EN1TIUID "BATES STATION PLAN" UNDER THE NEW SECTION. Vote raultl: Ayes : Nays : The motion curled. Council Memben Nabbolz, Moore, o.n.u, Wololyn, Yllldlidr, Oruulia, Bradabaw None (c) Resolutions and Motions . There were no additional resolutions and motions IUbmiaed for approval. (See Apada Item No. 10 • Consent Agenda .) 12 . General Dilcualon (1) Mayor's Choice (i) Mayor Bndabaw advilecl !bat diere ~ be a"-'-app iMMw lnakfall on June 6• at the Godlic Theatre. She said &be would be imable ID Ullnd, 111d aabcl if-elle from Couocil would be able to 10. Council Member Nabbolz aid a ~ ay. COIIIICil ...... Wololya and Ywcbick indicat.ed they would probably aaad, Ibo. Englewood City Council May 20, 2002 Page6 (ii) Mayor Bradshaw reminded Council that on JUDC 4* there would be a Neighborhood Watch meeting at Malley Center. (iii) Mayor Bradshaw said she bad received a card from the National League of Cities about the 2002 James C. Howland Awards for Urban Enrichment. Thia is an award given to cities, and I would like to have Council's approval to direct staff to apply for this award, she said. It is given to communities that have, through effective policies and thoughtful project planning, demonstrated and encouraged the preservation or enrichment of high-quality urban environments. Mayor Bradshaw felt that we have done that in Englewood. (iv) Mayor Bradshaw acknowledged a tbanlt you note from Brandy Webb, a young lady to whom Council had given funds for the 2002 National Student Leadership Conference. JUDC 3nl, (v) Mayor Bradshaw reminded everyone that there would be a Tent Talk on (vi) Mayor Bradshaw asked if there were any questiona or comments on the agenda for the work session on that Saturday. Council Member Yurchick said one of the illuel that came up in the ACE buainesa foruma -a questioo about the City vision. He felt that wu something Council should dilcusa. Mayor Bradshaw said maybe we need to dilcusa it that day. Mr. Y urcbick said yes, if they want to squeeze it in, or, if they wanted to put it oo a Study Selaion, that would be fine, too. Mayor Bradshaw said this would be a dilcusaion about what om vision is. She felt they bad already done that. Mr. Yun:bick did not feel anything bad really been written down. They ue 1oolcma at it u nae ofa mission statement. Council Member Garrett asked if this is diffenmt dwa when M let pis previoully. Mr. Yurcbick said that was shoner-tenn goals . They are ta1kina about what the miuion of the City is, Iona-Imm. Mr. Garrett said the CmJ¥Chensive Plan and the TranaponatioD Plan -.Id do that. Council Member Yurchick felt their issue wu that the vision should be let by Council, and the Comp Plan should be written to suppon that vi,ion. Mr. Gumt felt it did. Mr. Yurcbick asked what the Iona-term vision for J!n&lewood wu. Council Member Wolosyn said, if you look at the framework of the Comp Plu, it is loolely articulalledjUlt by the sections of it that we are addresaina, such u buaiDesa, open space, culture and bouin&, Mayor Bradshaw sugaested ukina staff' to articulare that iDID a miuioa --ad Ill• loot at iL Council Member Garren said be finds mission statemnllS UIUIUII, Mayor Bndllllw qm,cl. Mr. Oarmt said he did not know the purpoae of what they were lr)'DII to acc:cllllllilb wida a millioa .......-by the City . Council Member Yurchick allowed that that wu bis 111111. They wwd IO bow aovw'1 Yilw oflllia City in the future . • Englewood City Council May20,2002 Page 7 Mr . Garren said he would have to take issue with that. Each Council, u we are elected or re-elected, will change what the vision should be. If you have seven people who believe government should do nothing, then government will do nothing . If you have seven people who believe they should be very active in every part of the community, they will do that It will change u the compolition chanaes, he uaerted. Council Member Yurchick apeed that it will change, but felt there could be a core. Council Member Woloayn aaid she had been to the ACE huainess fONIIII, too, and ahe felt they had looked at the Comp Plan u that statement of vision. COIDICil Member Garrett felt it ahowa how we are tryina to arow the City in clifl'erelll -.. The Transportation Plan ii an example of this, be said. It abows that we have tbinp that we -lookma at, like what we need to do at different intmections. All this will take yean to do, ao that, to me, ii a better statement, be uaertcd, than a general philolopby ofmiuion. We could ay, far imlance, that the government should be for buaineu, but that really meana nothina in the aeme of what we ue tryina to accomplish. He ukcd what they are specifically looking for Council to ay. Mayor Bradahaw ukcd if they need to know that COIIIICil ia aupportive ofbulinas. Mr. Yurchick felt that might be a piece ofit, but, and this iajuat my interpretalion, he aid, they ue lookin& more for a conciae, one-paragraph summary of the Comp Plan. He felt tbinp like doing a TramporWion Plan were not a vision of the City. Council Member Woloayn said these people do not see a vision articulated iD what we ue doiDI, bul I think that everything we are doing is articulating a particular vision. Council Member Garrett felt that aovcrmncnt, by i11 IIIIUR, ii a ICriea of COlllpiOidNI, .t lllll ii bow government should be. Your viaioa ofwbat the City abould be, and my visiaa, pn,blbJy lbould not be iD sync. As. a Council, we cannot ever proc:eecl like lbarebolden. Mayor Bradahaw said our staka are dilfaeat than if we wwe on a board of clnc:tDn. We ue repraentatives of different districta, and -of III the City u whole. If then ii a viaiaa -.1 guess it is that we are raponaive to the citizena of Enpewood. Council Member Yurcbick said be did not know iftbll wu what tbcy-lookiD& far. Mayor Bradahaw sugestcd they come and chat with us about what tbcy-lookma far. Council Member Garren said he would be pad to talk to them about it Mayor Bradshaw said, when she wu in education, they set mission ltalemeDII all the time. People just put them on the wall and they do not mean anythina to anyone. We lpCIII five years workiDa OD ex. II ACC, and it is on every wall in that building . So, I look II them very skeptically, she added. Council Member Grazulis said it is obvious that it has to be politive. City Manager Sears felt that, on the aaenda. at the end of the day, rip! after luach, is wllen -~ like to get an update from Council on their aoaJa . Mayor Bradshaw said the problem wilb puttin& it in writina is that it pvea them---. IIO lhool at. Council Member Garren said, if it is the &oala that we set forlb u a COUDCil • -II iuue, dim il ii dlia Council's recent consensus that this is not a priority. To me. that is a fair atalmlllll, be IUd. Slat -ii Inf !I J li J~ ~ ( f (H!JP 8JJ ~r ii fl J! H l f ~]i · 1~Jr ~f w r I J .. ,1,1(111 Ji• e !r :, l' 11 i d !i•I i[ ! Ji i ffif~!altr rfl 2 i f!i l{i rfi ii ! i I ir 1-l I I f ~ i; ! I' 1 a· 1. • 1 s I r I l l f i r J r J r ~ -t??,r I~ 11 J t' .i!f!{tI1·1r Jl! i I J9fl iii 11 ~! ! ~~-[ s ~ I r l'••I l tf f ~ ~,J fit if I' J !1Ji 1, 1 ! r I 111'fJl 1 1r IJJ t Ii~· fJf Ir Fl J lj.. ;. I-11. l J .... i t i rJI I Ii r r. '·JJ ! ii! I }J~1f''I( lJI t ~ r i r ir i I 1!:[ I I Jf ! ' 11'1 1i•J!1, ti lfl !fl ~f i ' If ~ 1!11' ti I'. l'• I !1r11' .a IJ iJ (f I ~,11·t,, . ti i'1 l•rl r ~1 l I '•'I t ~11 r, .. • ,. _ • 1 :-I t 'I ~ ,. 111,, ! r r i1!1 1Jt!J! rt f1r Ir f1 l~ ! .. fl I r I ij" 1n;, ~' . t~ 1• !1 J Englewood City CoW1Cil May 20, 2002 Page9 ***** Mayor Bradshaw asked Mr . Black to explain what is going on at the May 30111 1W1Cbcon. Mr. Black explained that they were fortunate enough to be nominated for the Arapahoe County DouaJu Worb Employer of the Year Award, and we were informed last week that wc won. The poup tries to place kids in the community in work environments, and we have been wodcin& with Nate Valtakia, over at the hi&h school, for about eight yeus. We placed a number of those kids in poaitiOIII within the Pub and Recn:ation Department. Mr. Valtakia nominated the City. The Chamber of Commerce bu been involved with that pro&fUD and will be at the lW1Cbeon, and wc will also have I number of our ataft that bave put quite I few of those kids to work. along with the Mayor, who will say I few words, and Gary Hultberg. Mayor Bradshaw fell that was just fantastic. Mr. Black said they were mmnely cxc:itied, not only to be nominated, but we were also very pleued and honored to find out that wc RCcived the Eq,loycr of the Year Award 4. Council Member Gnzulis puscd out her request for approval of funda for the CML Coafmncc. She said she was also in I position to tab two youdi commiuion manbcn, one from Pub and Recnation, and one from Keep Englewood Beautiful. They can •timid-of the meetinp for free, and can stay in her room. She said she would be respollliblc for them. Council Member Garrett uked bow many ni&hta she would be there. Ml. GIUu1ia said she would be there Tuesday through Thwsday, and wu not aure about Friday. Mr. Garrett aid her request abows $400.001 night for the room CoW1Cil Member Yurchick said that wu the total for the room. He aid bis -$400.00 for two aipll. Mr. Garrett said this docs nol 11y that, that WU why it loollecl bi&h- CoWICil Member Grazulil felt hm wu through Thunday, and not for Friday Dip&. It ii for dnc nipll for three people, she said. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDO, TO APPROVE TRAVEL EXPENSES FOR THE CML CONFERENCE FOR COUNCll. MDtBD GllAZUUS AND TWO YOUTHS IN THE AMOUNT OF $1,177.15. Ayes: Council Mcmbcn Nabbob:, Moore, Glnett, Woloayn, Yun:hick Bradshaw Nays : None Abstain: Council Member Gnzulis The motion carried. (ii) COUDCil Member YW'Chick: I . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECOND&D, TO APPROVE TRA Vil EXPENSES FOR THI CML CONFIRINCK FOR COUNCB. MEMHR YUllCIIICJt IN THE AMOUNT OF $767.15. Ayea : Nays : Abstain: The monon earned. Couacil Memben Nabllolz, ,._, Ganea, Wololya, Grma1il, Bnicbbaw N- Couacil Member Y urclliclt Englewood City Council May 20 , 2002 Page 10 Mayor Bradshaw said Council Member Grazulis is the CML representative , and Council Member Yurchick is the alternate. 2. He said the Code Enforcement Advisory Connnittcc looked at the hobby vehicle law, and they arc going to recommend that we do away with it, since it is not enforced . Now they arc looking into the number of derelict vehicles, and changing that from one to zero, be said. Mr. Yurchick uid be would like a consensus, that if Council is not going to support it, be did not want to wute a lot of time, u it is I split group right now. Mayor Bradshaw clarified that this would not allow any derelict vehicles . Mr. Yurchick said yes, it would reduce it from one being allowed, to zero being allOMd. Council Member Grazulis asked what would constitute a derelict vehicle . Mr. Yurchick said the ordinance says vehicles with flat tires, that docs not run and is not lic:enaed or insured. Mayor Bradshaw asked for CoUDCil's consensus. COUDCil Member Garrell uid be was willing to punuc that. CoUDCil Member Nabholz said she was, also, but did not think they would enforce it, and that it would be difficult for the citizens to abide by. Mayor Bradshaw said she wu tired of seeing blue tarps and four or five vehicles in front of I bouae . Council Member Nabbolz said we could try it and she would support it. Mr. Yurchick said the Code Enforcement Advisory Connnittcc is split. With some oftbem, it is not an issue, be said, and with the other half of the group, it is. Mayor Bradshaw felt it was worth looking at. Council Member Grazulis apeed. Mayor Bradabaw said that was the majority's COIISCIIIIII, 3. CoUDCil Member Yurchick said be bu brought this up in the put, and Ibis bu come out of the ACE meetings, also, about the need for more comnunication. He recalled that .Art Scibelli Uled to do 1 newsletter, although be was DOI sure we want to go to that expeme apin. He ubd dill it be put on 1 future Study Session, to look at having I puqnph or balfpaae in the Ena)ewood Citizen dill addraRI some of the business issues . Mayor Bradshaw suggested having I business comer in the Citizen. Council Member Garrett asked if that is mailed to the busineues. Mr. Yurcbick felt it wu. Mayor Bradshaw said there is i Community Development newsletter . Assistant City Manager Flaherty said the Citizen wa., mailed to residents only, not businesses . Mr . Yur chi ck said hi s business receives it . Council Member Grazulis uid the March Hare sets it, also . Co un cil Member Wolosyn said. at the last ACE meeting. people were sayina that they do not receive it, and that it is not a conduit of information for them. Council Member Ganen asked where the Community Development DeWlleaer pa. Senior Pia- Graham responded that it bad limited circulation amona City Council, the directors and._ of the boards . Mr . Yurchick re ca lled that Mr . Scibclli used to put out I nice little DeWlleuer that~ -oftbe issue s and would list businns properties that were available in Enpc,wood. Mayor Bradshaw ask ed if the ACE poup bid discuued Ibis. Mr. Yurcbic:k did DOI fllel lbry bad. Ma. Wol osyn said be tbou&bt it came up after be left, or it mia)u have been 11 the buain.11 fona. • • Englewood City Council May20,2002 Page 11 Mayor Bradshaw felt it should go back through them. Mr. Yurcbick aaid it had not gotten to that point yet. (iii) Council Member Wolosyn : I . She asked if Council wanted to address the request for a waiver of rental costs for the show wagon and chairs. She felt they were not instructed well on bow to do tbinga. and now it is two weeb •-Y· There bas been a bRakdown here, and I don't feel comfortable just ignoring it, since they came in &out of UI, she said. Mayor Bradshaw asked what the cost would be. Director Black advised that staff bad looked at cOIU related to the show wagon, the tents and the chairs. Then: is a rental fee for the show wagon ofS I S0 .00 for a non-profit and $250.00 for a for-profit organization, and that is in addition to penonnel costs. We have waived the rental fees previously, he said, for such things as the City of Sheridan, the hip school graduation and W estem Welcome Week, but that was for the rema1 fees, which is in addition to the personnel costs. The personnel costs that we put together for the show wagon is appnlllinWely $230.00. We have not lent out the luge, twenty-five by twenty-five foot tenll, other than for City-lpOIIIOled programs in the past, and the cost for that is almost S2SO.OO, be advised. We figmed that the staff COits for chairs would be somewhere between Sl S0.00 and $200.00, so we ue looking at a tDlal of approximately $675 .00. That is for staff costs, and we do have staff on salary, and then some of that would be overtime. That includes the tramportation fee that the towing coq,eny cbargea us for the show wagon, be added. We are certainly open to doing whatever Council would lib, be said. Mayor Bradshaw aaked CoUDCil what their pleasure would be. Council Member Nabbolz felt Council Member WolOl)'ll was conect that they-jut tryina to wnp everything up real quick ript now. They l1Uted late and all of a mdden lbe fund niaiD&, poaarill and everything ue coming out. Her feeling was that we should p them a cbance. Try damlina dais IIUfl; aee how it worts, and if it does not, we will not have to worry about the coat next year. Al an dienlalive, we could tell them that we will provide it this year, bul nr.xt year they will have ID pay fiJr it, lbe mgested. Council Member Wolosyn aaid it is like the hassle she gets from Council about Cultural Arts, we have to be partnering with Pam and Recreation. We can't jlllt be individual entities. Mayor Bradshaw aaid this group needs to be partnering with ACE . Council Member WolOl}'II agreed, adding that !he ACE people ue always wanting to know bow they can become lqitimate, ad maybe this is the sort of legitimacy they ue looking for. Mayor Bradshaw said we ue giving money to the Chamber a1Jndy this year, for buliDeu activuiea. City Manager Sean said that is about SIS,000 .00. Counc il Member Yurchick asked if they were paying for the band. Council Member Nabllolz aid yes. Mr . Yurchick said, with any kind of luck, the incn:ued sales tax would oftiet the costs on this . Council Member Garrett suggested, beca111e the show waaon 1ee1111 to have the bigat IDIOUDt of coat involved, wi th the towin& and the pmonnel, that, u a compromise, we mipl wanr to do the 1elll and chain without the show wqon. This would have leu of an iq,ec:t ID the City 11111 p lblm dlr facilitia Ibey need to be succeufial . COUDCtl Member Yun:bick asked why tbey wam the show -aoa-Council Member Nabbolz aid it - fo r the band. Council Member Wo losyn asked which wu nae difficult. the show wap or lbe 111111 . DiNclor Bladt said settm& up the ten ts was more labor-i111ensive . Our new show waaon is in. he added, bul we are llill Englewood City Council May 20, 2002 Page 12 waiting on stage extensions and certification and license of that vehicle, so it will not be ready until our first concert on June 20 .... The show wagon that would be available to them is the existing show wagon that we have been using for the last thirty years, he said. Mayor Bradshaw said she tended to agree with Council Member Garrett's compromise suggestion. Council Member Nabholz said it was up to Council. She reminded them that the I! r,up has no money, and arc starting from scratch and working closely with the Chamber. They were to have sent out postcards about fund-raising, and they arc just having a tough time with organization. W c support other groups, and Country Buffet will be providing die food, so they will receive proceeds frnm that. If you have several bands, and you put them under a tent, you may not be able to see them. Mayor Bradshaw said she could sec what she wu saying. Responding to Council Member Wolosyn, Director Black said 1be cost for the show wagon would be about $230.00. He said bis preference, if Ibey were looking for a compromise, would be to juat use the show wagon and not 1be tents. We are very protective oftbe tenll, be said, bccaulc Ibey cost about S7,000.00 each, and it has bcco our policy, through the Parks and Recreation Commission, not to lease those tents out at all, except for City functions . Mayor Bradshaw said the group needs to also talk to the Parks and llecrcation Commission next year, because they arc also going through ACE. Council Member Wolosyn said there was some discuuion about moving 1be Olde Tyme Fair closer to downtown, so it might be an opportunity for one commiaaicm to intcnct with another. Mayor Bradshaw asked if it was the CODSCDall of Council to allow die poup to uae 1be allow waaoa and the chain. Council apeed. 2. Council Member Wolosyn said one of 1be DRCOO staff nanbcn aabd for an oppol1Ullity to meet with her, along with Council Member Yurdlick and City Mamaer Sean. City Manager Scan asked iftbey would like him to call and set that aet up. Ms. Wololyn said ya, after she gets the staff member's name for him. (iv) Council Member Garrett: I . He spoke of the meeting with EURA, which wu held to go over 1be General Iron Worb Rcdc vc lopment. The part that is going to be tricky for us to decide, be said, is what to do with 1be intcmction at Galapago and Dartmouth. There arc twO preferred delipl, and bolh have pros and cons. One has the intersection coming in at a scvcnty-dqree qle, which is probably 1be worst analc to live with . The other has a roundabout that would be at Dartmouth and Galapaao. Mayor Bradshaw through that was a neat idea. Mr . Garrett said you rarely sec a roundabout on a hill. But those are just two things we are lookiq at, and nothina is fiDalized. 2. He said a citizffl called him about aoow polelllial developll-pn,peny on Maripola, down clole to !he Water Treatment Plant . He said he would he glad to look ialo lhis, but -oftbe dliDp that disrurbcd him was that this gentleman called him and had him mobilale city .-n-1 to solve 1be pn>blcm, and also called the Mayo1, who. lut week. had mobilmd Cicy _., IOlve Ibis pn>blem. Mr. Oumt said he forgot 10 aslr. who had already been coatac:ted, so at wu a .-for him. since be don DOC lib IO waste staffs tune . We both came at 11 from a sllpdy dafferenl ...-. so Ibis is jUI a beadl-up. I value staffs timr, and I do not like to double book....._ i.-. .• .. • • Englewood City Council May 20, 2002 Page 13 Mayor Bradshaw expressed her appreciation for his comments . ( v) Council Member Nabbolz: I . She thanked Council for allowing Old Town Enalewood to U1C 1bc abow waaon 11111 c:blin. 2. She thanked Director Black 11111 Parks 11111 Recreation for allowina 1bc Maytlower Cbun:h to UIC a badminton set for a youth function. Gary Hultbcra wu wonderful 11111 rm it ript over for 1bcm, lbe added. ••••• Mayor Bradshaw Aid abc f<qe>t to bring up tbe fact that Steve Neyer c:oallCted m, 11111 Council Member Garrett, about an •aencY that is very iDfmallld in developilla INll cbabl. Tbey me lookiaa at 1bc old billp buildina on Lowell and Belleview, which ii Littletoll. She said a would be meetiq with dlil pademln 11111 Mr. Neyer sometime this week. TIiey are ttyina to find altemative, positive ICtivitiel for our kids in Englewood, abc said. Council Member Oarrett said tbey c~ him about federal fimda that may be available fcr tbia kind of activity. He said be put them in touch with Dillla DeOeae'a office downlawn. Council Member Wolosyn added that 1bc 1111 an: always a aood thina for YQ1U11 people to llp illlo. 13 . City Manqer'a Report (a) City Manaaer Sean said 11aft'had been workina blld to put-..-inf-tioa for 1bc June 1• meetin&-He felt it would be a aood, ~ --s-We will lie tyila die pll. llridly, illfD where we are financially with each of die depww. Jt,prdllla m of .. iailill C-.i eilm lcport iuua, Mr. Sean adviled that DileclDr Ela 11111 smt willl llCla of die.,__ dinclDn ....... dley would come topther with a Ct.llll l?llt'DD plan --City ....... I ...... ""' Dizt, ..... .. same time, recopizel oar emplo,-•pnmda ....,..,a.. • Ma. ...... ._ a pod job, be said, a1oaa widl die depwluDI direclon, to aab du ...... City ...... S.. llid we - lookina at a acwer plant expanaion aelll year ofS10S mi11ioll, ofwllida 1111 ...... cOll willl LildllDL We will have a pretty tull day's workiDa Naion about diat, updatiaa c-il, 1111a aw ajoiat ...e.a later this swmner about where we .-1 to ao widl dlat, be IICMlld. He 1111 • lllipl Ill able ID Ill plll off some of tbe increues, if we do dlia riabt, 11111 extend tbe COIIII of it O¥W a plriacl of lirna. 0.. to City Attorney BrolZIIIID's aood work, 11111 Ille City AIIClmey'a office, U1E11 willl die Utilit'el,..., we aw been stockpililla money to help III move in lbat directioa. (b) City Manaaer Sean tbanbd Council and llaft' fcr Ille napitioa lie NCeMd nc:eady. lt bas been extremely rewardina, 11111 be just wanled to uy thank you. I -vay '-9d by wllll tbia conmamity bas done, and Ille ~loyea. 14. City Attorney'• Report (a) City Attorney Brotzman bad no maners to dilc1111. MAYOR BRADSHAW MOVED TO ADJOURN. Tbe DMUIII WU .... 111:25 p.a. Date June 3, 2002 Initiated ly Finance and Administrative Services COUNOL COMMUNICATION Apndatt.n 10a I COUNCIL GOAi. AND PREVIOUS COUNOL ACl'ION Sallject A blR for ordinance adding a new Chapter 16, Garage Sales to TIiie 15 of the City of Englewood M . e The City Council discussed this Issue with staff at the May 20, 2002 Study Session. RECOMMENDED ACTION Staff recommends the City Council approve the attached bill foC' ordinance. BACKGROUND, ANALYSIS, AND ALTEINATIVES .IPENTIFIED When the Municipal Code was re<odlled In 2000, provlllons and reslridionl for..,... sales were accidentally omitted. This bill for ordinance res10f91 lhe provlllonl and restrk:donl bv addlns a new Chapter 16 to Title 15 of the City of Englewood Municipal Code. The restrictions alow for a maximum of two garage sales per year, each not to ecceed lhree consecutive days. Rellridlol• an ~ aaoc:lated with garage sales are included as well. FINANCIAi. IMPACT This action does not impact the Qty of Englewood's financial condition. UST Of ATIACHMENTS Proposed bill for an ordinance ORDINANCE NO._ SERIES OF 2002 BY AUTHORITY 4JIQ.L.IOlt , ;ft . INTRODUCED BY COUNCIL ,. -~?~of·~~ ltf.llNlCIP~ CODE 2000 WITH THE ADDfflON OF A NEW CHAPTER 16, ................. , WHEREAS, becauae of the periodic nature of prap NIN, it i8 clet.ermimd diat a wee tu: licenae and Ula duty to collect ulel tu on nch prap aa1aa i8 a burden to the citizena of En,Jewoocl; and WHEREAS, rutrictinc the numbar and duration of prap aa1n will pftftllt nch aa1n from becominf a commercial ll8lee event in a reaidential area; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectim t. Tbe City Council of the City of Bnpwood banby 8"IOft8 amencHn1 Title 15, of the En,Jewood Municipal eocle 2000, by addins a aew Chapter 16 • Oarap Salee, Section 1, entitled Definitiolll, wbicb all nad M falJon: 11:11: GARAGE SALES. 15=18:l; Dtftpitiom; For the nlll'IIOINI pf tbia GbeW "'9 fpUppjp !IPM ebeJJ ban tip m1rninp indiG1ted: GARAGE SALE: PERSON: Jnclwlg all Mitt •ptitpl •pgp v· "'8 v· • tlii ule" ·rnww,e •· • .,. v· s irPer v eC SMFlh pen,op.al property, which i.p t4nJtie1 tg Mae RllbVs I\ Ive Shall only inclMfkl M ipdiplpl •hp nae nel W!W$l; FIRM or m,w,e;e, e Jun e(ptl PPPV$J· s belde Mae ww st property m•r•m e(tlpe rgl elRPll1J VRP Mae M it ~- $@stiqp 2. Tbe City Council of the City of Enpwoad, Colando ._., __.. Title 15, by addiq a new Chapter 16, s.ction 2, al the Bacle•• Maicifal Cede 2000, to read aa followa: ™ B•ptriptipp•: DI mJ1niw mtrirtimtn eRR!J tp eM W prap M in the City pf loomeJ: -1 • A-No PIP9P NJ mrdw;t PIP Sbtr IV (2) PPP "'" ip MY elerder UY at \he nr lfetien- 1· &sb wee Pie tbeU leeS "' PR Sbe Pm W SPll5MSiY: clpp. Si· 9wJ thp RIPfRn H dcOrr! hppip, hpips eeW e(thp tptip RIPRIW may SR!w;t I wee Pie Section 3. The City Council ol the City ol Bnpwood. Colondo hereby amenda Title H, by addins a mw Chapter 19, Section 3, of the Bnslewoocl Municipal Code 2(1()0, to read u followa: 11:1.t.f: 11111; limn IP PIPPW ip 5"' rbVs ript;qf-way to f4yerap prap ¥hr em+a"" .... nmi-IP - A-Ne PPP•• •n mrt FlPP iesbr w •ifhtp. ioobr ur, in. I-All wee.*" *P ""'thp .... e(tJpe RIP9P Wdirs \ht PPP ... edde!ee<N· s;. Np PPP 1M llip ;,p bp PW 19 • WPs mptrpJ 4rP or snnrrt1 utility lfDllSW!· R· He PPP Pie pip *P etrsnr1 \hem e(tpfli; :iSbir thp RPNii Fie&:e(· PR W birder ppjtjppJ 'ffll1iR 1· He wee Pk ,;p rbrP n eeeW w, Sher*"® dap m f!9 Qe PPP ... f · No WM! 1M pip ;•J1 be 1d P9l1l4 mpg $b•n 9PI Cl) day ,,,, tbp PPP IY· Q. It ebelJ M RPI ferie !!PP that tip Pk jdptiftr! P tip PPP M llip M! plpd the pip in the pubw; ript:qf-way. Secsim f. The City Council of the City of Eqlewoocl. Colorado hereby amenda Title 7, Chapter 6F, Section 6, by the deletion ol Subeec:tion C, in ite entirety, of the Enc)ewoocl Municipal Code 2000, t.o rud u mllow1: 7#_.: Poeten, Poatia1 and Deatructloa. A. AAy handbill. poeter, placard.._. painted or printed mattier 8'.lilR which eball be mxk. poetecl or puted upon IIDY public or priftt.e bouN, etian or odler builclinp, or UJIOD IIDY leJICI, power pole. telephone pole or odler llnle:tUn, without the permiaion ol the owner, •nt or occupant, abaD ba deemed• nuiaa!ICI. -2- B. It shall be unlawful for any person to either willfully, maliciou.ely, wantonly, negligently or in any manner tear down. deface or cover up any poeted advertisement or bill of any person when the same ia lawfully erected or posted in harmony with the proviaions of tbia Code. G. Sime aliuel'tilliBg 1111'818 1ale1 81 tle&Md in Se-. t t II 8H • permitle• in .ite ptll,li:e nslw ef wa,". Sipe 81luel'tillin1181'818 Nlea • ••h•• in Seeei1111 t t a He pe!'llllitlie• 1111 pri'I ate pr11pe"1 pr11, all Iha · pr ••• Iha fellewing reffml'emeMI. lo. i-. 3-. 911 net ewed eigltM11a i111!he1 lly eisl*• · b 1 (IP II, 1~. BeH .ite -· -· 81lfflll eflila per_ II Jdill lill ..... Nie -· llale(~ ef Nie . • \re 11110 plaee• • 8 lll'll4le reswate., tle'fiee • • · ·, .. • plllsli:eldili4iy ......... +. 911net111111411'11eUta&ieuiew•h·1t •• mi ·,n1.,.raf •. .'we M peele. mete Ob tbllPee (a) -,1 pria (ta)• ..... (I) Ila, 1 after .ite 1ar8p aal1. Ii 11hall lie prim8 faei.e nillenee lhM 1111 party illealifla• • Iha lila Ille pleeed .ite 11isn. 5es;tign 5. Safaty CJ•PMI The City Couml --, ..... tlelll i-. and declares that tbia Ordinance ia promulpt.ed under die ..-al paliDI ,..... ol die City of Englewood, that it ia promulpt.ed b tba baahb. ....,, Ulll ..... ol die public, and that tbia Ordinance ii DIICNUl7 for die ..--aon ol Maida ... aalKy and for the protection of public CODffnience and welfare. TIie Qty Coad1 ,...._ determines that the Ordinance bean a rational relaaon to die proper .........,,. object sought to be obtained. ' 5es;tion 6. 5eDmhjJj1iJ If any claw. ••-· puqrapb. • put ol tbia Ordinance or the application thereof to any pe-• ~ aball lir any reason be acijudged by a court of competent juriadidiaD iDftlid. _. ~ aball not affect impair or invalidate the remaillder ol tbia OnlimDaa • ita applicatiall to other persons or circumatancea. 5es;tion 7 JuG9Pli•f4Dt QnUn,_ AD a&bar OrdiMw • ,..._ ..._, inconsistent or conl1idinc with tbia OrdiJlala • any panilm ..._, an __, repealed to the extent of 1uch ~•-aid.. Section s. Effect oC mPt•I cw:: mmfjfiresm TIie ..,..a • • tift tiftl al any provision of the Code al the City ol bs)ewood bJ &Ilia ~ aball Do& relaue, extinguiah, alter, modif:,, •--. in •ball• ia pan Ullf ....-......... • liability, either civil or c:riaiMl. wluda -a ... .._ iMwM _._ _. pwv--. and each proviaion ebal1 be tnatilcl Ulll 111111d • llill nn · ·-. ia .._ lir die purpoees of 1uataininl any Ulll all ,..._ ---. ..... JI I 11 f r and proeecutione for the erdoa ctaea& al die ,-.Jty, .......... • liallllia.,, • .. • lir the purpoee of 1uataininl any J..... t a• .... • ..a. ..._ aaa • 1111J lie rendered, e ntered, CII' aada m ndt---. amta, ........... • JIONC be .3. ... . . • t • • Introduced, read in full, and puaed on 6rlt readiq on the 3rd day of June, 2002. Publilbed u a Bill t'or an Ordinance on the 7th day of June, 2002. ATTEST: Loucriabia A. Bllil. City Clerk I, Loucrilbia A. Ellia. City Clerk of the City of Eqlewood, Colorado, herebJ ~ that the above and loreaoinl ia a true copy of a Bill ibr an Ordinance. introd,-d, ,.... in full, and paued on 6rlt readiq on the S-day of JU11e, 2002. -4- COUNCIL COMMUNICATION subject Date June 3, 2002 Agenda Item 10a ii A bill for ordinance amending City of Englewood Municipal Code 44+3-84 to coincide with the new provillons in Title 15, Initiated ly Finance and Administrative Services D COUNCIL GOAL AND PIMOUS COUNCIL ACTION FrankG The City Council discussed this Issue with staff at the May 20, 2002 Study Session. RECOMMENDED ACTION Staff recommends the City Council approve the attached blU for ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED 16 Sales Director When the Municipal Code was re<odlfled In 2000, provisions and restrictions for garage sales were accidentally omitted. This bill for ordinance amends City of Enslewood Munlclpal Code 44+3-84 to conform to the provisions added in Title 1 5, Chapter 16. FINANCIAL IMPACT This action does not Impact the Oty of Enslewood's financial condition. UST OF ATTACHMENTS Proposed bill for an ordinance ORDINANCE NO._ SERIES OF 2002 BY AUTHORITY ~--IN'l'RODUCED BY COUNCIL -01), AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, SECl'ION 4, SUBSECl'IONS 3 AND 4i.qt\tlla.lNOUIWQODIIONlCIPAL CODI .... fllll'AINDD!'O'lllll llDllfflON tRbM SALES TAX FOR GARAGE SALES. WHEREAS, because prap ealee are oo],y allowed on a periodic buia; and WHEREAS , these prqe salea are not COllduct.ecl u an OJ110U11 ~; a.ad WHEREAS, because of the nature ofthNe ealee the illdividuala ahould not be requind to apply for a ealea tu liceDBe or to collect aalea tu; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby amends Title 4, Chapter 4, Section 4, Subaection 3, by the addition of a new Parqraph A. Number 9, and amending Paragraph 8, Number 4, of the Englewood Municipal Code 2000, to read aa follows: 4-4-4-8: E:semptiou to Salee Tu. A. Exempt It.ema : The eale of the foJlowiDc c1uaN of taqible penonal property an exempt &om the tax impoaed by Section 4-4-4-2: 1. Motor vehicle,, trailers and aemi-trailera, resiatered outaide oftbe City. 2. Salee of tanrpble personal property when both the foJlowiDc COllditiom mat: a . The aalee are to parties who an reeidenta of, or doiq buaimaa in, the State of Colorado, but outaide the City; and b . The articles purchaaed are to be delivered to the purchaaer outaide the City by common carrier or by the conveyance of the aeller or by mail. 3. Sale of fuel used for the operation of internal combustion eJ14PJ181. 4 . Sale of medicine, medical suppliea, orthopedic braces and appliancea, dantal appliances, hearing aide, crutchea, wheel chain, eye s}uaea or other mecb•nical contrivances when purchaaed with a licenaed practitioner', written preacription. 5. Sales of food products which are to be comumed offtbe premiaN oftbe Yltlldor. All used herein "food" meam food which ii advertiled or martet.9cl for hWIWl consumption and sold iD the same form, condition, quantiti.N and packqina u ii commonly aold by srocera. The term include. cereala and cereal producta; milk and milk products; meat and meat products; fiah and fiah producta; esp and en products; vegetablea and vegetable product&; fruit and fruit producta; 1up.r, aup.r products and aup.r 1ubetitute1; coffeea and coffee aubatitutea; t.eu, cocoa and cocoa products; 1picea, condimenta, ult and oleomarprine. The term "food" dou not include chewinc irum; apirituoua malt or vinoua liquors; cocktail misea; proprietary medicinel; l108truma; lozenpa; tonicl; vitamim and other dietary aupplementa; water, mineral water and carbonated water marbted in containen; ice; pet mode; food or drink fumiahed, prepared or l8rved for conawnption at tablea, chain or count.era or from traya; cia-, dilbea or other tableware pnmded. by the retailer; prepared food or drink aold by retailen wbo replarly Mil for comumption on or near the premiaea of tha retailer eftll tboqh lllCh food or drink ii IIOld on a "take out" or "to ao" order and ii bqpd, packqed or wrapped and taken from the premiaea of the retailer; and food or drink vended by or throqh macbinea on behalf ofa vendor. 6. Salee of aooda manufactured within the City and aold dinctly by tha manufacturer to a common carrier operatiJII in interstate commen:e u the ultimate conaumer thereof. 7. For tranaactiom CODIUJIUllatecl on or after January l, 1986, tha City'1 Nlea tu &hall not apply to the aale of conmuctioD and buildiq mat.eriaJa, u the term ii uaed in aec:tion 29-Z-109, C.R.S., if 1uch materiala are picbcl up by the purchaaer and if the purcbuer of auch materiala p-ta to the retailer a buildinc permit or other documentation acceptable to the City evidencin( that a local uae tu baa been paid or ia required to be paid. 8. Salee of newapapera and mapziDN. a. Hein g( StrlPNe mrme! PDl!lr&x et e APP ele v deftmd Jamin ead PA& in riotetipp e( 10:11:2 BMC B. Exempt Tupaywra: Salee to the 6:lllowiq ~ of tupayera lhall he~ from the tu impoeed by thia Cbapw: 1. Salee to the United Saa'8a .,...._ent; to the State al Colando, ita daputmeata or inatitutiou and to the polit:ica1 IUbclmaiam dMnof. in tblir ~ eapacity only; in all ulea to the City; pnmdiq, however, that no commercial, indutrial or other bankins inltitution, orpnmd or chartend by the Ullitecl S&atea pvvnment, any apncy or department thareof, or by the State of Colorado, lhall ba coaaidered a governmental inltitution for the purpoee of thil exemption. 2. Sales to religioua, charitable and eleemoeynary inltitutiom, in the conduct of their regular reJici,oua, charitable and eleemoaynary functiona and activitiel. 3. Nothinc herein contained ahall be deemed to uempt from the tu levied by thia Chapter, ealea of buildins materiala or 1uppliel to be uNd by a contract.or for the construction of an improvement for u,y of the inatitutiona or apnciN enumerated in 1ubeec:tion Bl or BZ hereof. 4 . Penona oua:beeins YrfPNe oereooel PDPN1il et e enn eh e ddned benia 194 PASi 1n violetion e( 1A:11:2 IMC ..wih1 • ...... NII•••-• ........ • • • Mi meN than illree E~ ee111e811W, e Mya ,er eele.., ye• 1Mll Mi lie N1tlliNtl M HteiB a aa:lea .._ lieeaae, C. Burden of Providing Exemptions; Disputes: The burden of proof that any retailer is exempt from collectin& a tax upon any goods sold and paying the eame to the City, or from making return for the eame, shall be on the retailer under auch reasonable requirements of proof as the City may prescribe. Should a diapute arise between any purchaaer and aeller as to whether or not any retail aale ia exempt from taxation hereunder, the seller ahall, nevertheleaa, collect and the purchuer ahall pay auch tax; and the aeller ahall thereupon iaaue to the purchuer a receipt, or certificate, on forma prescribed by the City to determine the queation of uemption. In any cue where the City refunda any tuea, it may collect from the retailer the amount of tuel retained by him/her u a fee which is attributable to the tramaction. Sed;ion 2. The City Council of the City of Eqlewood, Colorado hereby ameoda Title 4, Chapter 4, Section 4, Subeec:tion 4, by the addition of a new Parqraph 4, Letter E, of the Enclewood Municipal Code 2000, to read as follow,: ~: Licenae for Reuller Required. A. It ahall be unlawful for any penon to enpp in the b111m1111 of making retail aalee, as the aame ii defined herein, without fint having obtained a licenae therefor, which license ahall be granted and iaaued by the City Licenae Otlicer, and ahall be in force and efl'ect until auapended or revobd. B. No license shall be required for any penon engqed exclusively in the business of selling com.moditiea which are exempt from taxation under~ Chapter. C. The licenee required by eubaection A above ahall be granted upon application u aet forth in Title 5, Chapter 1 of thia Code. D. The City ,hall make available to any requeetins vendor a location suide llbowiq the boundaries of the City. For tranuctio~ COll81IIDIDAtil on or after January l, 1988, the requeetinc vendor may rely on IUCb location pjde aDd any update thereo( available to such vendor, in detennininc whether to coUac:t a ulee or uae tax or both. No penalty shall be impoaed or action for deficieDcy maintaimd qainlt 1uch a vendor who in aood faith complies with the molt remnt location suide available to it. ~-No uloe w, Jimne ebell ho mevi,nd fer tPY PCEIPP bo!dirr , unn eJe u dnfirod honin IA lone,, tba em ggt in violetiAD e( JO:JL2 IMC Sectjon 3. Safety Clauqa. The City Council hereby finde, determine,, and declare, that this Ordinance is promulgated under the pneral police power of the City of Enclewood, that it iB promulgated for the health, aafety, and welfare of the public, and that thia Ordinance ia necessary for the preservation of health and 1afety and for the protection of public convenience and welfare. The City Council further determines that the OrdinaDc:e bun a rational relation to the proper lqialative object 80\llht to be obtained. Section 4. Severability If any clause, aentence, parqraph, or part of thia Ordinance or the application thereof to any penon or circumatancel ahall lor any nuon be acijudpd by a court of compet3nt juriadiction invalid, ,uch jwiplent ahall not afrec:t impair or invalidate the remainder of this Ordinance or ita application to other pa..-or c:ilcumltaDml. t .. • Section 5 Inmpaiawnt Qnfinenrae All other Ordinancea or portiom thereof incomiat.ent or conflicting with this Ordinance or any portion l .1..,f are hereby repealed to the enent of such incomiat.eney or conflict. Section fi. Effect of nmeal or modifir,tjpp The repeal or modification of any provmm of the Code of the City of Eqlewood by this Ordinance ahall not nleue, atinguiah, alter, modify, or chanp in whole or in part any penalty, forfeiture, or liability, either ci\'il or criminal, which ahall have been inc:uned under auch proriaion. and each pro<riaion ahall be treated and held u atill nmaininc in lmce for the purpoaea of 111atainin1 any and all proper actiona, auita, proeeedinp, and proeecutiona for the enbcement of the penalty, Corfiriture, or liability, aa well u for the purpoae of l1lltainins any judpaent. decree, or order which can or may be nndered, ent.ered, or ma!le in aw:h actiona, auita, s,..-tinp. or proeec:ationa. Introduced, nad in full. and puaeci OD firat nadinf OD the 3rd clay of June, 2002. Publiahecl u a Bill for an Ordinance OD the 7th clay of June, 2002. 8everq J. Braclahaw, Mayor A'ITEST: Loucrwiia A. Ellie, City Clerk I, Loucriahia A. Ellie, City Clerk of the City of Bnpwood. Colando, hanby ~ tut die above and fonsoins ii a true copy of a Bill for an <>rmna.., introd.11C1d. nu m full. and paaaed on firat readinf on the 3N day of June, 2002. Off AGENDA FOR THE REGULAR MEmNG OF THE ENGLEWOOD CllY COUNCIL MONDAY, JUNE 3, 2002 ·7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. '7: 'If)~ 2. Invocation. n~ 3. Pledge of Allegiance. 4. s. 6. 7. 8 . 9. 10. a. Cub Scout Pack tl 72 will present the colors. Roll Call. Minutes. a. Minutes from the Regular City Council Meeting of May 20, 2002~ Scheduled Visitors. (Please limit your presentation to ten minutes.) (/ t) p Unscheduled .Visitors. (Please limit your presentation to five minutes.) Comg:ons, Proclamations, and Appointments. FY Public Hearing (None Scheduled) r;rda. , ,.,,, / ~ . . . Consent Agen vvrv-,· /tJ (J rl-/ / a. Approval of Ordinances on First Reading. p i. Council Bill No. 27 -Recommendation from the Department of FiNnce and Administrative Services to adopt a biA for an ordinance adding a new Chapter 16, Garage Sales, to Title 1 S of the Englewood Municipal Code. STAFF SOURCE: frank Gryslewlcz, Diredor of Flnana wl AdnlinlalnllM s.nlca. Plwe now. ff you haw a lllallllly wl ..... ...-., Ii*•---. ..... _., .. City.,, J ._. (303-762-2405)at ................... o1 ....................... ,... Englewood City Council Agenda June 3, 2002 Pagel ii. Council Bill No. 28 • Recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance amending 4-4-4-3 (Exemptions to Sales Tax License) of the Englewood Municipal Code to coincide with the new provisions in Title 15, Chapter 16, pertaining to Garage Sales. STAFF SOURa: frank Gryglewia, Director of Rnance and Administrative Services. b. Appro~rdinances on Second Reading. c. Resoluff Motions. 11. Regular Agenda . a. b. C. Approv~rdinances on First Reading. Approval rinances on Second Reading. Resoluti~ Motions. 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorneys Report. Adjournment The following minutes were transmitted to City Council between May 17 and 30, 2002: Englewood Urban Renewal Authority meeting of February 13, 2002 Englewood Election Commission meeting of March 7, 2002 Englewood Housing Authority meeting of April 3, 2002 Englewood Public Library Board meeting of April 9, 2002 ..... note: If you have • ......, wl .... ......, .......... ,._. ..... Clly ell " - (303-762-2405) at INlt •..._.ill ........................... ,... • t • • . . -· ----· .. .. . ' II . . . . .... • • ' --~ ~~--==---~---*~-~ ~ . . . ... .. . • ' • -. . . • • (} • • -- r-1 ,:t0. --~- ' . . ' . . . . • • --,...-----·-_J··· -- ---·------ • • ---- ------·--....,.___ -------,---- -~·----·---- i] -------71""----· --~,---:::· ------~ "---------·--- -~---""------- -- ---------- --- • , . •