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Regular City Council Meeting
June ('1 2002
Ordinance II JJY. r{; 32, 33, 34, 35, 36, 37, 38, 39, 40
Resolution /~58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Replar 8-loo
Juet7,218J
I. Call to Order
The regular meeting of the Englewood City Council wu called to order by Mayor Bndabaw at 7:30 p.m.
2. bvoeadoa
The invocation was given by Council Member Nabbolz.
3. Pled&e or AllepaDce
The Pledge of Allegiance was led by Mayor Bradshaw.
4 . RollCaD
Present : Cauncil Members Nabbolz, Moore, Gruulia, Ganett, Wolosyn,
Yurcbick, Bradlbaw
Absent: None
A quorum was present.
Also present: City Manager Sean
5 . Ml•utes
City Adonley BmlZlnan
Aaiatant City Manaaer Flaberty
City Clerk Ellia
Dinlc:tor 01-, Safety Servicel
Director Roa, Public Worb
(a) COUNCIL MEMBER GRAZUUS MOVED. AND IT WAS SECONDED. TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 3, JIU.
Mayor Bradshaw asked if there were any corm:tions or additiom to the IIIUll*8. There were none.
Vote results:
Ayes :
Nays :
Abstain:
Motion carried.
6. Scbeduled Vlslton
Cauncil Members Nabbolz, Moore, Wolosyn, Yurcbick, Grazulis,
Bndlhaw
None
Cauncil Member Garrett
(a) Bob Laughlin and Doua Cohn inaoduced tbemlelva.
Mr . Lauplin explained that Ibey were repRICllliDa the Old Towa Eapwood Mamli* A--. We
would really just lib to uy tbanka to Council for lelliaa 111 -Im -.11111 the cliain ad b the pal
help we badlllll June s• for the dance which wu held after tm Sidewalk Sale. It -we 111d a bit of a
success tbat day, be said. We bad a lot of new people comilll 111 .......... .._._,, ._..... ...
day . Whether it WU I pnabuster sale tmt clay. it didD't lNlly--. We .. a lol ofpcq,le lllln, the
En1lewood City Council
June 17, 2002
Pa1e2
streets were active, people were enjoying themselves and everybody bad a good time at the dance . So, be
said, thank you.
Doug Cohn said lb.at was about what be wanted to say as well . Thank you Council and thank you to the
staff for their good work and bringing the stage over and setting up the chain and taking them down. I
have only one recommendation for the August 24* sale, he said, if you could take about ten degrees off the
temperature, as it was pretty hot lb.at Saturday. He lh.anked Council .
Council thanked Mr. Laughlin and Mr. Cohn.
Mayor Bradshaw noted lb.at some of the Council memben had attended, but she had been unable: to attend
as she was involved in an estate sale: at her dad' 1 house .
Council Member Yun:hick said it was a nice outdoor event.
Council Member Nabbolz agreed lb.at it was very nice .
7. Umcbeduled VWton
There were no unschcdulc:d visiton .
8. Communlcatlolll, Proda-Uom and Appointments
(a) A letter &om Cinda Losee indicating her resignation &om the Keep Englewood
Beautiful Commission was considered.
(b) A letter &om Judy Wallace indicating her resignation &om the Urban Renewal
Authority was considered.
(c) A memorandum &om Bill McCahill, Chair of the Keep Englewood Beautiful
Conunission, requesting consideration of Christopher Hanson's resignation &om the Keep Enalewood
Beautiful Conunission was considered.
COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO ACCl:ff THE
LETTER FROM CINDA LOSEE INDICATING HER RESIGNATION FROM THE Ul:P
ENGLEWOOD BEAUTIFUL COMMISSION, THE LETTER PROM JUDY WAU..ACI:
INDICATING HER RESIGNATION PROM THE URBAN RENEWAL AUTHORITY AND THE
MEMORANDUM FROM BILL MCCAHILL, CHAIR OF THE KEEP ENGLEWOOD
BEAUTIFUL COMMISSION, REQUESTING CONSIDERATION OF CHRISTOPIDll
HANSON 'S RESIGNATION FROM THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION -
AGENDA ITEMS 8 (a) (b) and (c).
Ayes : Council Menilers Nabbolz, Moore, Oanett, Wololyn.
Yurchick, Grazulis, Bradshaw
Nays : None
Motion carried.
(d) A proclamation declaring the week of June 23 lbrough 29, 2002 as Code
Enforcement Officen Appreciation Week was considered.
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SICONDl:D, TO APPROVE AGENDA
ITEM I (d) -A PROCLAMATION DECLARING THE WEEK OF JUN! 23 THROUGH 29, 2112
AS CODE ENFORCEMENT OfflCERS APPUCIA TION WEl:K.
Mayor Bradshaw said I know we a ive the Code Enfcxcemea1 Officcn a bad rap . Bua. Ille llaled, I do tbink
they att domg a good job and I do think the y have made a difmence in-~-
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June 17, 2002
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Director Olson thanked Mayor Bradshaw. I apologize, he said, as there may have been a
miscommunication. Normally all of the officers or at least Dave Lynn would have been here to accept this
proclamation.
Mayor Bradshaw presented the proclamation to Director Olson. Director Olson thanked Council.
Vote results:
Ayes: Council Members Nabbolz, Moore, Garrett, Wolosyn,
Yurchick, Grazulia, Bradshaw
Nays: None
Motion carried.
Mayor Bradshaw presented the proclamation to Director Olson.
9 . Public Hearlq
No public hearing was scheduled before Council.
10. Conaent Aaead• ,.
(a) Approval of Ordinances on First Reading
There were no additional items submitted for approval on lint reading. (See Agenda Item 11 -Regular
Agenda.)
(b) Approval of Ordinances on Second Reading
COUNCIL MEMBER GARR!Tr MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (b) (I) and (II) ON SECOND READING.
(i) •ORDINANCE NO. 30, SERIES OF 2002 (COUNCIL BILL NO. 27,
INTRODUCED BY COUNCIL MEMBER WOLOSYN)
AN ORDINANCE AMENDING TITLE 7, CHAPTER 6F, SECflON 6, BY TIIE DELETION OF
SUBSECflON C, AND TmE IS, OF TIIE ENGLEWOOD MUNICIPAL CODE 2000 Wlllf THE
ADDITION OF A NEW CHAPTER 16, PERTAINING TO GAAAGE SALES.
(ii) ORDINANCE NO. 31, SERIES OF 2002 (COUNCIL BILL NO. 28,
INTRODUCED BY COUNCIL MEMBER WOLOSYN)
AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, SECflON 4, SUBSECflONS 3 AND 4, OF
THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE EXEMPTION FROM SALES
TAX FOR GARAGE SALES.
Mayor Bradshaw asked if there was any discussion. There was none.
Vote results:
Ayes:
Nays:
Motion carried.
Council Members Nabbolz, Moore, Garrett, Wolosyn,
Yurchick, Grazulis, Bradshaw
None
(c) Resolutions and Motions
Eqlewood City Council
Jue 17, 2002
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There were no additional resolutions or motions submitted for approval . (See Agenda Item 11 -Regular
Agenda.)
11 . Reaular Aaenda
(a) Approval of Ordinances on Fint Reading
(i) Director Olson presented a recommendation &om the Depu1ment of Safety
Services to adopt a bill for an ordinance amendin& Title I 5-9-1 of the Englewood Municipal Code
pertaining to Hobby Vehicle Permits. He noted thia bu been researched, we have talked to COUDCil about
this and it wu taken to the Code Enforcement Advisory Committee. The Committee's recommendation
was to eliminate the permitting and COIi of permitting aectiooa ofthia ordinance. He uaured Couacil that
all other aspects of the bobby and derelict vehicle ordinance will remain in place and we will 11ill enforce
it. We found it was very difficult to handle the permitting proceu itself, be said, so this just seems like a
matter of convenience. But, be noted, we will 1till proceed ahead with what we normally do.
Mayor Bradshaw asked if COUDCil had any questions for Director Olson.
COUDCil Member Wolosyn said she just bad one question. In yolD' minuliel and even in YQ1U' Council
Conummication you talked about the language pertaining to the fee , not the permit The reason I ask about
that is because there ia the one permit that didn't have a fee and the other permit that did. So, she uid, I
found it to be vague, 11 to what they were talking about in the Committee meeting.
Director Olson said you are probably talking about the 1w1-1nolllh permit Council Member Wololyn said
that's right and, also.just the fact that the COUDCil ColJIIIUDicatioo and the minuta of the 15• seem to ool)'
strike the language of the licensing fee , not the permit itself. Director Olson advised be would amend that
COUDCil CollllDlllic:ation.
COUDCil Member Yurchick lltlted that be thought the intention of the Code Enf~ Advisory
Committee wu the permit and the S 100.00. They wanted to eliminate the proc:eu, because they tboupt it
would be a nightmare to enforce it. Mr. Yurchick pointed out that it hasn't been enforc:ed for years. so they
just decided to clean it out of the boob.
Director Olson commented that it is for both the residential and business ueu of the City.
Mayor Bradshaw said I remember when this was adopted, the SI 00 .00 fee, and that was a way to raise
revenues at that time. I still see a problem with some people having eight or nine vehicles around their
house .
Council Member Wolosyn said that is still against the law ... right?
Mayor Bradshaw asked if that is still against the law .
Director Olson said if they are registered and if the vehicles are in good shape, 11 we found out rec:eady,
they can have that number of vehicles . We try to encourage people not to do that, apecially oa the ri&bt·
of-way . But the reality is, be said, that this addreues, specifically, the derelict and bobby deal, where you
have a car up on blocks and so forth . Technically they can have them covered.
Council Member Yurchick advised that , this week, the Committee will be looking at the illSIIC of whether
they want to take the number of these types of vehicles, to be allowed, to zero.
Mayor Bradshaw said if somebody were workin& on their vehicle, they could keep it in their praae and
that would not be a problem COUDCil Member Yurchick said that is riaht
En&lewood City Couadl
June 17, 2002
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But, Mayor Bradshaw said, it is storing it at their house that is the issue. I drove by a property today and
there were two boats, an SUV, a motor homc, a tool truck...oac of those huge, big trucks.
Council Member Wolosyn asked if that wouldn't be more than one bobby vehicle. Council Member
Yurchick advised that those arc not considered hobby vehicles.
Director Olson explained that a bobby vehicle is, essentially, a vehicle that is non-running, that is in a state
of repair or somcthing like that and it may not be registered. They may be replacing the engine, it may be
missing tires, wheels and they may have it up on blocka. Mayor Bradabaw said now they can't have that at
all . Director Olson stated that everything that is currently in effect, remains in effect.
Council Member Yurchick asked if they could have one . Director Olson said risbl; that is correct. But, on
the other ones, if they arc registered and they have tags and everything else, they c have them.
Mayor Bradahaw said I think we need to have somett.; .. ,,..rafted. She suggested Council Member
Yurchick's group could look at this . Director Olson iodvised that it sounds like the Committee is addraaing
that.
Mayor Bradahaw said okay. But what I would like to say is, that they need to be behind the 2S-foot
setback, off the street.
Council Member Yurchick said I sec two issues here . One is the derelict/hobby vehicles and the other is
the number ofliccnsed vehicles allowed at a residence . The Code Enforcement Committee, currently, is
not looking at the number of licensed vehicles allowed at a residence, they are just looking at the derelict
vehicles.
Mayor Bradahaw stated I think we need to look at the number of registered vehicles.
Council Member Yurchick said that is fine, but I just wanted you to let you know that they are not looking
at that side of it right now .
Mayor Bradshaw said that is one of my pct peeves . I think its great when you have all these toys, abe said,
I think toys arc great, but I think you need to put them somewhere, instead of parking them in front of your
house . We used to have an ordinance that said they could not be visible or they had to at least be 2S feet
back from the street. '
Director Olson said I am not familiar with that one . As far as I know, that is not something that is in our
Code right now .
Mayor Bradshaw said I want it to be very strict, that it should be 25 feet back and they can't creep out past
the edge of the house. If they have to, they can fall their backyard with them, I don't care, but just get them
offtbc street.
Director Olson said we do enforce the RV parking restrictioaa and, of coune, if it's a boat and trailer that's
not booked to anything, that is another issue entirely. We have ordinances that address that, but if you are
just talking numbers, we don't have anything . He pointed out that that will probably be a relatively
controversial issue. That's fine if the Committee looks at that, be said, and we will enfon:c wbalever you
come up with, that 's our job.
Council Member Yurchick said they did look at the RV thin& and the Committee illelf decided not to
change the existing laws . So, he said, I don 't know if they are aoinl to come back and recommend tbelc
changes or if it is something Council is going t~ have to take upon itself to do.
Mayor Bradshaw sa id I just think we need to take a look at that. bec:aule I don't know bow 111111y vehicles
arc appropriate for a house .
Enalewood Clly Council
June 17, 2002
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Council Member Grazulis said you would have to determine bow many licensed driven there are. If
somebody has a large family and they are all licensed driven they should all have a right to have one, she
said. Other than that, you would have to decide how many you want to allow over and beyond that
number .
Director Olson ooted that, right now, this is all we are looking at.
Mayor Bradshaw asked if Council bad any other questions . She said it sounds like Council probably needs
to look at that. Council Member Grazulis agreed .
Mayor Bradshaw uked if there was any way to find out what other cities are doing . Council Member
Wolosyn said she would like to know about that.
Mayor Bradshaw said she would like to know what the surrounding cities are doing as far as enforcing that
and bow they are addressing visibility and sight lines. It kills me , she said, when you can't see around a
comer because of huge vehicles parked there.
Director Olson said Dave Lynn does a good job researching, so we will go ahead and research it. We are
talking about the number or vehicles in residential areas only. not business or commercial . Is that right, he
asked. Mayor Bradshaw said that is right, residential only. She said she wanted to know about setbacks
and the maximum number of licensed vehicles allowed.
Director Olson pointed out that they will probably have to differentiate that between recreational vehicles
and all the other vehicles people have . Mayor Bradshaw said total .. .licensed recreational vehicles,
everything.
Mayor Bradshaw asked if it is legal for someone who is selling their boat to sit it in the front yard. Direc:tor
Olson said no, we would get on them for that. The expectation is that they would either have it in back or
somewhere off the street where it is not visible . But if it is in front of the bouJe and it is off the trailer and
not booked to anything, we would normally give them a couple of days or three days or whatever, and then
we go in and talr,e care of it.
City Manager Sears advised they will bring this information back to Council in a Study Seasion. Mayor
Bradshaw said probably in August or September. Director Olson said if it is okay, Auaust will work, that
will give us time .
COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 29.
COUNCIL BILL NO . 29 , INTRODUCED BY COUNCIL MEMBER YURCHICK
A BILL FOR AN ORDINANCE AMENDING TITLE IS, CHAPTER 9, SECTION I, OF lllE
ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO HOBBY VEHICLE LICENSING .
Council Member Wolosyn said I would just like to say that I am going to vote for it, but it really lllllrea me
feel a little bit queasy, because I feel that maybe we are backing off on enforcing sometbina that we lhould
be enforcing. I understand, she sa id, that the reason is that Ibey feel this isn't doing any aood anyway, so
let's get rid of dead weight.
Director Olson said he wanted to be really clear that we are enforcing. He explained that the whole concept
of the permit, the SI 00.00 and everything else was just unrealistically enforceable. There was no
mechanism to get people to come down here on a six-month buis or a yearly buis and pay SI00.00 ID pt
that permit. But, he stated, we are still enforcing it. Council Member Wololyn said oby, I undenland.
Eapewood City Council
June 17, 2002
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Mayor Bradshaw said I will be voting against it.
Council Member Y urchick said they did think about the issues on both sides of the coin. Do we enforce it
by having a Code Enforcement officer write them ticket for not having a permit? They just thought it 101
too complicated no matter bow you looked at the issue . He stated the concept is good, but the enforcement
just seemed unmanageable.
Mayor Bradshaw said I just think it is a potential revenue stream that maybe we are getting rid of too
quickly, so I am voting against it.
Council Member Wolosyn said, for myself, I wouldn't have objections to doing away with the SI00.00. I
have objections to doing away with the permit. Just the fact that someone baa to be responsible to claim it
as a bobby vehicle and that it not just something they are not moving. That is my issue with it, she said,
and I am going to vote against it I think.
Mayor Bradshaw asked if there was any other discussion.
Council Member Wolosyn said I am going to vote against it .. .I feel uncomfortable .
Vote results:
Ayes :
Nays:
Motion carried.
Council Members Nabbolz, Moore, Garrett, Yurchick
Council Members Wolosyn, Grazulis, Bradshaw
Council Meniler YUK.hick wd this may all be moot, becaUle they are looking at reducing it to 7.CIIO. The
Conunittee is split fifty-fifty on that right now. Mayor Bradsbaw commented that maybe this will give
them an indication.
Mayor Bradshaw thanked Director Olson.
Director Olson thanked Council.
(b) Approval of Ordinances on Second Reading
There were no additional items submitted for approval on second reading. (See Agenda Item 10 • CoDSCDt
Agenda.)
(c) Resolutions and Motions
Council Member Garrett stated that he would not be participating in the next Agenda Item because be is
employed by the current franchise bolder.
[Clerk 's note : Council Member Garrett stepped down from the dais .)
(i) City Attorney Brotzman praented a recommendation from the City Attomey'a
Office to adopt a resolution consenting to the Tranafer of Control of the City's Cable Television System
Franchise to AT&T Comcast Corporation. We brought this forward to Council when we actually passed
the AT&T Franchise, be said, and we had a Study Session IMCling on this. City Attorney Brotzman
advised that they meet the standards for transfer so we a.re moving it forward .
Mayor Bradshaw asked if there were any questions. There were noac.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (c) (I)· RESOLUTION NO. 57, SERIES OF 2tl2.
En1Iewood City Counc:11
June 17, 2002
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RESOLUTION NO . 57, SERIES OF 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COWRADO,
CONSENTING TO THE TRANSFER OF CONI'ROL OF THE crrv·s CABLE TELEVISION SYSTEM
FRANCHISE TO AT&T COMCAST CORP.
Vote results:
Ayes:
Nays :
Abstain :
Motion carried.
Council Members Nabbolz, Moore, Wolosyn, Yurchick, Grazulis,
Bradshaw
None
Council Member Garrett
[Clerk's note: After the vote, Council Member Garrett returned to the dais .)
12 . General Dlacualion
(a) Mayor's Choice
(i) Mayor Bradshaw said I have a question for Council. This came up in a meeting
with Bob Simpson, Cheryl St. Clair, Gary Sears and me . She asked, regarding the northwest Englewood
A VS house, if Council told staff to divide the lot or to build a house .
Council Member Wolosyn said my memory is that we puaed that moratorium that said we wouldn't have
any subdividing or new building. Mayor Bradshaw said that is right, no subdivision, so that would be in
violation of the moratorium.
Council Member Nabholz asked if that wasn't kept out of the moratorium area.
The comment was made that no, we put it all in.
Mayor Bradshaw alked if Council said to just build it. She said she just needed Council ID refielb ber
memory.
Council Member Wolosyn said I am still unclear as to what we did with the AVS house.
Mayor Bradshaw explained that by building the A VS house up there , it is the location on that lot that seems
to be in question .
Council Member Yurchick said I don't remember any discussion of subdividing. I just remember
discussing building the house on the lot. And, Mayor Bradshaw said, see if it sells and then if it sells then
we will go on, further west. Several Council members said yes.
Council Member Yurchick said he would have a problem with subdividing City property, after we
approved the moratorium. Mayor Bradshaw said then we would be doing exactly what the moratorium was
intended to prevent.
Mayor Bradshaw asked if that was clearer direction . City Manager Sean said yes.
( ii) Mayor Bradshaw advised that there bas been a request for a proclamation
naming September as National Alcohol and Drug Addiction Rec:overy Month. She puaed around the
packet, to Council, with all the background information.
(iii) Mayor Bradshaw asked if any of the Council members were intera1ed in doing
National Night Out for Nancy Peterson.
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Juae 17, 2002
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Council Member Nabholz said she 11111111ly does.
Mayor Bradshaw explained to Council Member Moore that Council members usually attend different
National Night Out events. Nancy Petenon gives us a schedule, she said. She asked if all of us will be
participating again.
Council Member Grazulis asked about the date.
City Manager Sears said it is held the fint Tuesday in August. Council Member Garrett said that would be
August6•.
Council Member Yurchick asked if they would be given a schedule . Mayor Bradshaw said ~s.
Mayor Bradshaw said she just thought we could give Officer Nancy Peterson the number of Council
membcn participating so she could get the schedule to Council earlier, so it isn't being prepared at the last
minute, as we seem to have done before.
Mayor Bradshaw asked Director Olson to tell Officer Peterson that all seven Council members will be
participating. Director Olson said okay.
' Council Member Grazulis mentioned that every year, at Cbenelyn, they have sword fighting and belly
dancen. We combine many different neigbborboods, sbe said. It is a demonstration put on by the guys
tiom the Renaissance Festival.
Mayor Bradshaw said each Council member may be asked to attend three or four parties.
(iv) Mayor Bradshaw said she would like to thank Tricia Langon for the packet on
Mariposa Drive. I think that explained everything very thoroughly.
(v) Mayor Bradshaw noted Council had received a copy of an article entitled
"Child's Play" which menticined Belleview Part. They did have some mggelled correctiona, she said, but I
still think Belleview Park is a pretty awesome park.
(vi) Mayor Bradshaw said she wanted'lo r ive a summary of the meeting, held last
Tuesday, with Bob Simpson and Cheryl St. Clair. The Housinb rity will manage City property, but
will not tum the houses into Section 8. They will manage it and bet tenants . We talked about a
cooperative effort for an assisted living center, she said, and we dis~usled the Englewood Housing
Authority properties on Pennsylvania, to, perhaps, put an assisted living center there . Then we discualed
the continued cooperation between the City and the Housing Authority. That's just a quick summary, she
said .
Council Member Nabholz said I think we have always worked well with them; it's never been a problem.
Mayor Bradshaw said yes and I want us to continue to work with them.
(vii) Mayor Bradshaw gave Council Member Wolosyn information on an artist that is
interested in doing a show at MOA.
(b) Council Membcn' Choice
(i) Council Member Wolosyn advised that sbe would out of town for the July 1•
meeting . Also, she said, I was scheduled to chair the Study Session next week, bwl know we will have a
different agenda than tile one we were planning, because ACE decided they needed more time .
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June 17, 2002
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City Manager Scan said lhat is actually one of the things I wanted to talk to Council about. We bad two
things on the agenda next week. One wu negotiations and a IIUllllllar}' of negotiations, because we have
until July l" to come an agreement with our EEA and also our firefighten, or we go to impuse. TbeR
were several meetings being held Wednelday. That is one of the reasons, be said, that we do need to meet
next Monday. The other item on the agenda was ACE and the busineu survey, but, u Council Member
Wolosyn mentioned, at their meeting they uked Council through Ms. Wololyn, to put that off to August
s•, so they could, consider that report and perba.-come back with some IDDRi specific recommendations.
City Manager Sean uked Mr. Yurcbick uked ifhe bad talked to any of the members about that survey.
Council Member Yurcbick advised that he wun't at the meeting, but he spoke with Jan Johnson afterwards
and she said they wanted to look at it a little more . 1 am comfortable with that, be said.
Mayor Bradshaw said I just didn't want them to think we were putting them off.
Council Member Yurcbick said it was at their request.
City Manager Scan said we really don't have anything other than negotiations next Monday night.
Mayor Bradshaw advised Ms. Wolosyn that they would just scbedule her for another night. Council
Member Wolosyn said that sounds good. That is fine, she said, but 1 woo 't be here July l ".
'I
City Manager Sears said one of the other things Council bad talked about was having a COIIIIDlnity night on
the fourth Monday. We talked about going to the Malley Center, be said, but we haven't advertiaed that.
Mayor Bradshaw noted that it's Council Member Wololyn's turn.
Council Member Wolosyn said that would be a District 2 meeting, so I would assume lhat would be John
Moore's meeting .
Mayor Bradshaw said she thought that was scheduled for the July 22"" meeting.
COUDCil Member Yurcbick said that doesn't work, bec!suse the At-Large Council members don't r.-i
specific districts.
Council Member Wolosyn noted that she knew Council Member Nabbolz chaired the meeting at Bishop,
but the meeting at Sinclair wasn't billed u a District meeting.
Mayor Bradshaw ~d she bad Council Member Moore down for the Study Session in July. That would be
July 22..i at the Malleyt::enter. She uked iftbat was okay. COUDCit Member Moore said yes, that was fine
with him.
Mayor Bradshaw advised Council Member Wolosyn that they would just throw her into the rotation
another time. She asked if that was all right. Ms . Wolosyn said yes .
City Manager Sean stated that next Monday night the only thing they will have is negoliatioas. Let me
say, that we have some real estate negotiations to also consider Monday night. Mayor Bradshaw said okay .
(ii) Council Member Garrett said he would like to ditto Mayor Bradshaw's
comments on the memo that was prepared by Tricia Langon . It would be helpful for our sessions with
some of the citizens .
City Manager Scars said he would let her know. He thanked Mr. Garrett .
(iii) COUDCil Member Moore :
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June 17, 2002
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I. He said, just as an FYI, I am working with Gary Sears on a property at 285 and Emcnon. I am
finding out that this has a lot of history, even as recently as last August Kells Waggoner gave me some
history from when be was the Director of Public Works and having to deal with that property. City
Manager Sears is still working on it, but there an: still some decisions to make.
City Manager Sears said, as an update, Director Olson has gone out there and talked to that lady and
Director Ross has been involved in that with the Highway Depanmcnt. He asked if either of them would
like to update Council right DOW on when: we an: with that property or if they just wanted to send an
updated report to City Council.
Director Olson said I went out there the other day, but I did not talk to the lady. I guess my impression was
that she was possibly a senior citiun, but that is not the case. She's 35 years old and appears to be in very
good health and the rationale for her not taking care of her property is not really there from a physical
standpoint. He opined that she is just protesting it in general. Our concem, be said, is if we allow her not
to take can: of that property, that that will grow like wildfire to the other properties, which an: taking CaR
of their properties right DOW under similar conditions.
Director Ross said Director Olson is exac:tly right. Alona that Highway 285 frontage, throughout the City,
we average about 20 feet of right-of-way outside the sidewalk area or the CIU'b area. So when you factor
that all together, be said, that is about seven acres of land that would be added to somebody's department to
take care of. We hale to make a special exception, or open up the door, so to speak. and allow a change to
the way the ordinance is written. Director Ross advised that in their lut TIP application, they requested
sidewalk along 285, which would be adjacent to this property. It is very expensive sidewalk, because we
also anticipated that we had to build maining walla. If we an: succeuful, and we will find out in the next
four to six weeks ifwe an:, that might be a light at the end of the tunnel and it will do a lot toward llllking
it easier for her to can: for and maintain that pn,pc:rty.
Council Member Moore said I have looked at that area and it seems to me that there is, really, only one
block, two bouses that can even begin to make a claim that the property is hard to maintain. I'm not sure
how familiar the rest of Council is with that an:a, but it is very steep right there. There an: only two
properties, in my mind, that maice it worth discussing, which includes this particular one. Maybe this is not
feasible, he said, bul when I was looking at the properties, I could see the poui'bility of uyin& these two
cross the line, in terms of their ability to maintain their properties. It sounds like the opinion is that they do
not cross that line . ·
Director Olson said our concern is if we make one exception, we've made the exception. The pn,pc:rty,
immediately to the east of this lady's property, has somebody out there twice a year to take can: of that
property. It is now for sale, but that penon has been taking can: of their property. Dave Lynn bas
contacted COOT and they might, on a one -time basis, come out and clear her property for her. But it
would be on a one time courtesy basis, because as far as they an: concerned it is not their responsibility . It
is in the City of Englewood, he said, and even with the retaining wall and the sidewalk, both property
owners will still be responsible for everything up to, I guesa, the top of the retaining wall. Mr. Olsoo
opined that this is an issue where somebody just says I'm not going to do it
Mayor Bradshaw said then I think we treat them like anybody else who says they are not aoin& to do it.
Council Member Yurchick asked if this property is on the north or south side of 285 . Council Member
Moore advised that it is on the north side of 285.
Council Member Yurchick asked what is on the property. 11 it weeds or~ and trees? Council
Member Moore and Director Olson advised that there an: weeds and trees .
Director Olson said last year, or at some point, as a courtesy, Public Worb WCllt Olll and blocked that ltrccl
off for a couple days to do IOl'l1t clearina. Apin, that was a cowte1y to this individual, and -don't want
• •
Enalewood City Council
June 17, 2002
Pa1e 12
to open up that gate to take responsibility for that. My opinion, he said, after looking at it, is that this
individual is capable of taking care of it, but she is just saying she is not going to do it.
Council Member Nabholz uked Council Member Moore if that area is just too steep to actually clean up.
Is it a safety hazard?
Council Member Moore advised that her argument is that it is a safety hazard. I've been there, he said, and
it is steep. But, is it too steep? I don't know. I can see her point, he said, and the interim decision of Bob
Moore wu that be agreed it is too steep to maintain. So, it is at leut questionable, in terms of the safety
issue . And again, be said, it is right there OD 285 and from the bue of the street to the slope, there is not
much. He pointed out that that would be the argument, the safety concern.
Council Member Y urchick asked if the properties face 285 or if 285 runs on the side of the properties.
Council Member Moore stated 285 runs OD the side of the properties.
Council Member Yurchick asked who bu the responsibility to maintain the euement.
City Manager Sean adviled they have talked to COOT, because they ha v~ now come back to us regarding
the surplus property on the other lide of Santa Fe. We asked them about this particular parcel. They made
it very clear that COOT only maintains the highway and any adjacent property that is easement, is the
responsibility of either the homeowner or they tum it over to the City to llllintain. They are very clear, be
said, and I am swprised that, actually, they are willing to help us out with this one endeavor.
Mayor Bradshaw commented that they ue coasislent on this. City Manaaer Sean agreed they are
consistent and by State law they have DO jurisdictioo to maialain tbat --=al. This, be DOied, is a local
jurisdiction issue. The City bu comistently enforced this u beina adjacent Ill the property and it is the
property owner's responsibility, throughout die City, to maialain it.
Council Member Yurchick uked if the property owner can uae that. I know they can't build on it, he said.
Council Member Garrett stated they could do whatever they want with that land, subject to the eucment.
They can improve the landacape, they can build a shed on it, but if we need the euemeDI, they have Ill take
the shed out.
Council Member Moore stated that the downaide of these particular propertiea is there ii DO value affonled
to the resident, because of the condition of the land. It doean 't give them nae space to run their dos, play
with their kid or plant shrubbery.
Mayor Bradshaw agreed that it doesn 't. But, she pointed out, we all make aduh choices when we buy
property. Council Member Moore said that is fair enough.
Council Member Garrett said that value is included in the purcbue price. Council Member Moore said in
this case it might be considered a liability .
Council Member Moore said he just hates the fact that once apin we are takiD& Council's time to deal with
this, but nonetheless I didn't realize the history . I am comfortable with whatever decision we make, he
said, I just needed to address this.
Mayor Bradshaw said my concern is that I think we need to treat this citizen the way we do every other
citizen in the City. And that is, lhat you maintain yow-property. Sbe poinled out that they clime Ill buy
that lot.
Council Member Moore asked, on the safety issue, if we ue expo1ing ounelvea 1111 uy lilbility, ii durima
the maintenance of that land, something happened to the property o-. City Alltney BnlCIIIIID Aid •·
Enpewood City Council
June 17, 2002
Pqe 13
City Manager Sean said we are following up on this and as Director Ross said it is a long-term problem.
We really want to try and address it, be said, but unless we can act COOT to go in and do something as a
courtesy, my feeling is that we need to enforce it on an equal basis. That meana if they fail to maintain it,
we will issue a citation and go through that process. She may be in contact with the Council or whomever,
be said, and that is her right to do that. But we need to treat her like anyone else.
Council Member Moore offered bis thanks for the effort that bas gone into this.
2. He asked about the status of the apartment that burned a little while back. It is still fenced and all
the burned furniture is sitting out in front of the property. I know, be said, that at least some of the clean up
can be done on that place. He wondered if there -something restricting them from entering the
premises.
Director Olson explained that usually we allow a certain amount of time and mostly it's because the
insurance coq,any, if they ba"VC one, bas to come in and do their own inveatiptioa ID a.ke a
determination as ID the cause. So we have to leave all that evidence there for them. U-11y they have been
pretty good over there, be said. Since I have been here we have probably bad six fires over there that
destroyed apartmenta and they have generally been pretty aood about aeuin& in there pretty rapidly ID
repair or rebuild the inside. But, be said, I will check on that and see whit is aoin& on. but nonmUy that is
the case, that the insurance coq,aoy basn 't cleared it yet.
Council Member Moore noted the burned furniture bas been toued outside and it is just littina there.
3. He said maybe this is permiuible, but there is a camper abell from a pick-a, lnlCk, littina in a
driveway on Floyd Avenue, somewhere between Downin& and Lopn. He asked if that ii ID appropriate
storage place for a caq,er abeU. It may be psmilaallle, but it ii definitely ID eyeaore. For a while tbere be
bad a free tag stuck on it, but 1 guess no one took him up on the offer.
City Manager Sean said be did not know what the Code says about that. He asked if Council Member
Moore bad an address. Mr. Moore said be would e-mail the addreu tonight
Director Olson said, if be is rememberina this ri&bt, they can store them out there, but maybe that bas
changed. We will find out, be said.
4 . He said be just wanted to follow-up to the northwest Englewood queatioa. The fint AVS property
we were talking about is not the bigger one. He asked if that -right. Mayor Bradabaw said its not the
three at the end, it is the one in the middle .
Council Member Moore said he wanted to a.kc sure that Council hasn't passed, on the decision ID look at
building several houses on that larger property. Mayor Bradshaw said no .
Council Member Moore said 1 wu thinking about ii and I do remember the nipt of our last diacusaion. I
talked to Bob Simpson afterwards and I said it sounds to me like we just limited subdividing and be didn't
realize that we bad done that. 1 abould have followed up on that, but I actually remember DOiin& that IO
Director Simpson and he wu cauaht off pud. He certainly -'t awme dlll it wu inlenrimll Ript
now, Mr. Moore said, we are just ta1kin& about that kind of~ property we have.
Mayor Bradshaw said if you subdivide~ can't build because of the moratorium.
Council Member Moore said 1 do know that Community Dewlopment wu coaflilcd on that poilll.
(iv) Council Member Nabbolz :
..
I . She advised that last Monday, Keep Enalewood Bauliful bad their IOUnlamelll oaee apin and it
was a lot offun. I don't know how much money they raised, but it wu very nice .
Enatewood City Council
June 17, 2002
Page 14
2. She apologized for not attending Tent Talk, but she had to go to work.
3. She said there is a gentleman, between Delaware and Elation Cornell, his name is Justin Widgcry
and he is a junk collector. The City's Code Enforcement Officers have cited him numerous times . He's
bringing it in by the trailer full now and he has three homemade trailers . His house is the little white house
that sits on Cornell, right on the alley. He has hot water heaters, dishwashers and washers . They talked to
him, she said, but I think we need to really crank up the heat and do something, because it looks really bad.
City Manager Scars asked if it was on the corner of Delaware and Elati on Cornell. Council Member
Nabholz said yes, it is right on the alley on the north side.
13. City Manager'• Report
(a) City Manager Scan asked Director Ross to come up, because there arc a couple of issues
he would like to talk about. He referred Council to the handout they had received from Mr. Ross.
Director Ross explained that at the ET AC meeting last month we were presented with a petition signed by
the majority of residents on Galapago Street, between Eutman Avenue and Floyd Avenue, requesting
pcrmit parking. As a result, he said, our Traffic Engineering Division will be putting up the pcrmit parking
signs on this street tomorrow. We wanted the signs to be installed before the next Rockies business day
game, and we will have them up prior to the Yankees-Rockies game on Thursday. He pointed out that this
is another exa~lc of interdepartmental cooperation. Director Olson's Code Enforcement Group will be
distributing the flyer you sec before you and the Finance Depanmcnt will be administering the pcrmits.
Council Member Moore asked if it is going to be on one or both sides of the street. Director Ross said
both sides.
Council Member Moore asked if one of these residents fails to get a permit and gets ticketed, if they will be
excused when they can prove that they arc a legitimate resident. Director Ross said no. We will have a
two-week grace period and that's it. Director Olson's group will give them warning tickets during that
two-week period, but after that, if they don't come in, they will be ticketed.
Director Ross said the other issue is that Sunday wu Father's D&y and because part ofDanmouth Avenue
is in the industrial part of town, my group went out and paved the busier intenections along Dartmouth,
trying to minimize the ilq>act to the business community. He noted that the Commmity Development
Department has been terrific as fu as helping us work with the business group and finding out what their
needs are and communicating our paving schedule along Dutmouth. We starting paving Dartmouth this
week, he said, and when we arc done we will be restriping it. Referring to his handout, be noted that the
bottom diagram basically shows that Dutmouth is a bike route . So what we want to do, be said, is create
those sixteen foot shued lanes to make it more comfortable for people to ride their bikes on Dartmouth and
getting those people, on the western part of town, to the Platte River Trail . Then that shared turn lane will
be in the middle . He noted that at one of our business meetings we indicated our intentions and it wu very
surprising, they were very much in favor of what we were doing . They viewed it as traffic calming. They
thought people were driving too fast on Dutmouth, be said, and that small llJOUP, at least, wu very
supportive, which surprised me a little bit. But I just wanted to give Council a beads up about this, he said .
Council Member Yurchick asked if they were going do the bike lane all the way from Santa Fe . Director
Ross said no. We looked at that , he said, but we really need all those additional lanes al Santa Fe, because
that cycle on Santa Fe is so short . We arc not aoina to limit the number of lanes on Santa Fe . So, he said,
our intent is for the people who arc going from Cuahing Park , to the Platte River Trail, to ride aJoaa Little
Dry Creek , underneath Santa Fe and then come out on Platte River Drive and lben go up, m111 the brid&e
and then use the Platte River Trail . So in that stretch we arc not doing any bike lane ~vemcnll on the
strcel .
t
• •
EasJewood City Council
Juae 17, 2002
Pase 15
la response to Mayor Bradshaw, Director Ross explained that this is west of Platter River Drive, all the
way to the City limits. We've notified the City of Denver of our intention, be said, and they have given us
permission to trespass into Denver and do a little bit of striping on their side of the intenec:tion to make it
all tie in. Then they are going to look at it and after they look into it they have indicated they might go
ahead and extend it to add Dartmouth to their bike trail system.
Council Member Yurchick said that is his concern, because coming from the west nothing feeds into it It's
a six-block bike lane with nothing feeding into it.
Director Ross said we basically believe, with the parking constraints at this 1ite and with the light rail
facility, that anything we can do to encounae people not to use can to get to CityCellller, that we llhould do
that. So we are looking at it in tenns of the people who are OD the west side of the Platte River. If they
want to get to either the Platte River Trail or CityCenter then we really want to try to provide that
connection. We have been really hearing a lot of that during our Transportation Study work, he said, so we
are trying to respond to that.
Mayor Bradshaw said we can try it
Council Member Yurchick uked iftheR will also be bike lanes across the bridge. Director Ross said no.
The Transportation Action Piao is going to rccommeod that we put a widened sidewalk on the south side of
Danmouth to accommodate those needs. But at the praent time people are basically us ing that five-foot
sidewalk along Dartmouth to get to that trail.
Council Member Yurchick noted that is a pretty nanow strip to ride your bike on. Director Ross said
especially if you meet someone bead on, it is very 111110w.
Mayor Bradshaw said it is sort of like turning left on Belleview, where I live . II gets pretty inlereating
every once in awhile.
Mayor Bradshaw asked Director Ross to let Council know how this worb out You've done a aoodjob,
she said.
(b) City Manager Sean advised that he and Assistant City Mamaer Flaberty met with Cal
Marsella and John Claflin this morning regardina a number of ilsuel includin& the Bates Slalioa, aome of
the budgeting and wbcrc things are going to be with the FuTncks propun. We will keep you up-to-dale,
he said, with what is happening with the Bates Station. There will be a meeting comma up, probably in the
middle of July, in terms of the new facility that is being built down there . They want to have a public
meeting to talk about the final design and the construction co~y. We anticipate the meetin& will be
held about July 15'", but we will let Council know when that meeting is set up .
(c ) City Manager Sears advised Council that we are working wi th the Humane Society.
Assistant City Manager Flaherty is doing a lot of work with them, he said, and we have an architec t's report
that says a facility can be built on the Union Avenue property ... it would actually be on the Littleton
property . We will need the Xcel property for parking, he said. We will not totally move on that property
until Littleton makes a decision and we get some information back from Xcel. We hope to focus in on that
project, at a Tri-Cities meeting, in the next month or so, be said.
(d) City Manager Sears said we also met with COOT reprdina the land adjaccnl to Sama Fe .
This is a two-acre site and, according to State law , they have to &ive us an appraisal for thal property. He
advised that they arc working on an appraisal of the property to briq back to the City. We talked to Mr.
Marsella about that as a potential parking area. Cal Manetta is aoina to take a look at that from the RTD
viewpoint and we will come back to Council when wc have more information OD ,,. t. Mr. Sean adviaed
thal we will have first right on that property if wc do wana to expand on that aide of the bipway.
Eapwoocl City Coudl
Jue17,2002
Pap16
(e) City Mauger Sean uld you bave pn,blbly-diat Baily's ii not open. In euence,
there ii a dispute between Miller Weinprten 111d 8ally'1 repntina pmtina on the lite, u to eucdy wbat
8ally'1 ii supposed to receive Clll lbat property 111d wbat Miller bu apeecl for them to receive. Part oflbil
relates to our own pcnnit parltioa, be noted, but diat -part of the study diat -pven to diem. Rick
KabJD ii kind of coordinating that, but 1bil is really I dilpUle between 8ally'1 llld Miller Weinprten, IO
lllllii that ii reaolved Baily's will pn,blbly not be opened, which nay be I couple of Meb.
Council Member Garrett ubd bow that relalea to Miller Weillpnea'1 obliptiaa to provide the City with
a certain IIIIOUllt of square footaae.
City Attorney Brotzman uld Ibey are llill aubject to liquidalled damlpa 111d Ibey are ltiU payina liquidated
damages . Couocil Member Oanett uld before it opeaa. Mr. Bnmmn uld that ii c:amc:t.
City Mauger Sears advised that it ii at a reduced level
(f) City Mampr Sean adviaed diat be will be ill Bnc:baridae for CML and, durina the
week, ANiltalll City Ma-,. Fluaty will be ill chirp oftbe City. Mr. Jllabmty c:aa, very capably,
handle anytbiDg diat comea up or be will be iD coallCt with-· I will Clllly be an hour away, be llid.
14. City Atteney'• ..,_.
City Attorney Brotzman did not mve any allllen to brin& before CcJuacil.
IS. AdjOlll'lmmll
HAW MOVED TO ADJOURN. The 11111CmC adjounm at 1:21 p.m.
AGENDA FOR THE
REGULAR MEmNG OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, JUNE 17, 2002
7:30 P.M.
Englewood Civic Center • Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
1. Call to order. ? : at)~
2. Invocation. n~
3. Pledge of.Allegiance.~
4. Roll Call. '7 ~
5. Minutes.
Ofll:',. h,-{)-/ a. Minutes from the Regular City Council Meeting of June 3, 2002.~
'{~i,~/J.): ~A-~tE-ifJ
6. Scheduled Visitors. (Please limit your presentation to ten minutes.)
7 .
8 .
Jpfd7-0
a. Doug Cohn and Bob Laughlin from -old Town Englewood" will be present to
thank City Council for the City of Englewood's support of the June s• Sidewalk
Sale and related events.
Unscheduled Visitors. (Please limit your presentation to five minutes.)
~
ommunications, Proclama;s, and Appointments. ~ J 4.. (J.. ;-(!_
. e ~osee ~~om the Keep ~ood
Beautiful Commission .
b . A letter from Judy Wallace indicating her resignation from the Urban Renewal
Authority.
Ple..e note: Hyou a.. a 6allilly a llWI...., ailk or_.., .... ...., .. Cler_,, -aMI
(303-762•2405)al .................. ., .................. n..l,-.
Englewood City Cooncil Agenda
June 17, 2002
Pagel
C. A memorandum from Bill McCahill, Chair of Keep Englewood Beautiful, requesting
consideration of Christopher Hanson's resignation from the Keep Englewood
Beautiful Commission.
tlf# 7-o d.
A proclamation declaring the t,e~~ of Ju!1e 23 • 29, 2002 as Code Enforcement
Officer Appreciation Week.~
9. Public Hearing (None Scheduled)
fr
10. Consent Agenda.
a. App:et of Ordinances on First Reading.
~I of Ordinance~ Second Reading. • A />, . · ·
ltpl>J.'7-0 ,. C~27,a~h~~to~tlefs!
11
{jJ'),J J ~ the Englewood Municipal Code .
Council Bill No. 28, amending 4-443 (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.
c. Resolutions and Motions. g-
11 . Regular Agenda.
a. Approval of Ordinances on First Reading.
I I 3 i. Council Bill No. 29 • Recommendation from the Department of Safety
'"t... Services to adopt a bill for an ordinance amending Title 15-9-1 of the (N wou;;.yJJI tnglewood M~nicipal C~e pertaining to Ho~y Vehi e Permits . _STAFF
€,R/f t.ull s I Be.4-o<J/A-"!)OURCE: Chns <>hon, Director of Safety Semc:es. V .,ft'U £CA1r.elt.~
b . Appr~f Ordinances on Second Reading.
c. ResUons and Motions.
i. Recommendation from the City Attorney's Office to adopt a resolution ,,J,-57 consenting to the Transfer of Control of the City's Cable Television System
Franchise to AT&T Comcast Corp. STAFF SOURCE: Dan llrotnun, City
O,f}H. f;-0..,./ Attorney.~
'(kCJtlJJ.) :~
~ note: If you haw a 6allilily wl Mell....,_. ar ....__ ~ IIOllfy .. Cit, ol Eaal•••III
(303-762•2405)allNlt41hOlnia.._., ........................ ,...
Enpwood City Council Agenda
June 17, 2002
Pagel
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
13. City Manager's Report
14. City Attorney's Report
Adjournment 3';~ f )'w'--
The following minutes were transmitted to City Council between May 31 and June 13, 2002:
• Englewood Cultural Arts Commission meeting of May 1, 2002
Englewood Liquor Licensing Authority meetir , of May 1, 2002
• Englewood Planning and Zoning Commissio1. ,neetings of May 7 and 21, 2002
Englewood Parks and Recreation Commission meetins of May 9, 2002
• Englewood Code Enforcement Advisory Committee meetins of May 9, 200i
• Englewood Liquor Licensing Telephone Poll of May 1 5, 2002
l'leMe note: ff you ..... ....., ....... ...., ....................... a, .. , -...
("°3-7'2-J405)al .......................................... ,..
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, JUNE 17, 2002
7:30 P.M.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
1. Call to order. ?: !,,{) ~
2. Invocation. n~
3. Pledge of Allegiance. ~
4. Roll Call . '7 ~
5. Minutes.
~ h-0-/ a. Minutes from the Regular City Council Meeting of June 3, 2002.¥
'(~B?llftl.J: r!,A-£t£frj
6. Scheduled Visitors. (Please limit your presentation to ten minutes.)
a. Doug Cohn and Bob Laughlin from #Old Town Englewood" will be present to
thank City Council for the City of Englewood's support of the June a• Sidewalk
Sale and related events.
7. Unscheduled Visitors . (Please limit your presentation to five minutes.)
fl
ommunications, Proclama;lS, and Appointments. ~
3
£ 0-r(!_
. e ~osee ~~from the Keep En,lewood
Beautiful Commission .
b. A letter from Judy Wallace indicating her resignation from the Urban Renewal
Authority.
Englewood City Council Agenda
June 17, 2002
Pagel
c. A memorandum from Bill Mccahill, Chair of Keep Englewood Beautiful, requesting
consideration of Christopher Hanson's resignation from the Keep Englewood
Beautiful Commission.
/j £M1' 7 d A proclamation declaring the l.~~ of Ju~e 23 -29, 2002 as Code Enforcement rfl -O · Officer Appreciation Week. /Qlletlltr
9. Public Hearing (None Scheduled)
fr
10. Consent Agenda.
a. Appg! of Ordinances on First Reading.
~I of Ordinance~ Second Reading. • h t)" , · ·
!tp!>d.'7-0 ,. C~27,ad~h~~to~ttefs!
11
(t-'}_J, J Ji() the Englewood Municipal Code.
Council Bill No. 28, 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.
c. Resolutions and Motions.
ff
11 . Regular Agenda.
a. Approval of Ordinances on First Reading.
I I -3 i. Council Bill No. 29 -Recommendation from the Department of Safety
"t Services to adopt a bill for an ordinance amending Title 15-9-1 of the {AJ IA)Ou;f.yAJ tnglewood Municipal Code pertaining to Hobby Vreh· Permits. STAFF GR. l}t.1,Lll .S:
1
BR.A-/J~A-k!JOURCE: Chris Olson, Director of Safety Services. ·
b. Apprwf Ordinances on Second Reading.
c. ResUons and Motions.
i. Recommendation from the City Attorney's Office to ad pt a resolution (), . ,.., #-57 consenting to the Transfer of Control of the City's Cable Television System /Cl4IJ. Franchise to AT&T Comcast Corp. STAFF SOURCE: Dan Brotzman. City
()ppJ_ 6-0.,,/ Altom~.~
'{k&fj1,J:~
Pleue note: N you uwe a 6allillly wl-4....., • •---. ,._. _, .. Clly ollaaln_.
(303-762•2405) ............................................... ,..
Englewood City Council Agenda
June 17, 2002
qe3
12 . General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
13. City Manager's Report
14. City Attorney's Report
Adjournment 3':.~? />""-
The following minutes were transmitted to City Council between May 31 and June 13, 2002:
• Englewood Cultural Arts Commission meeting of May 1, 2002
• Englewood Liquor Licensing Autho~ meeting of May 1, 2002
• Englewood Planning and Zoning Commission meetlnp of May 7 and 21, 2002
Englewood Parks and Recreation Commission meeting of May 9, 2002
Englewood Code Enforcement Advisory Committee meeting of May 9, 2002
• Englewood Liquor Licensing Telephone Poll of May 15, 2002
~ note: If yau have a llluilily _. _... ..._,-* •---.......... O, efC I'• 11•
(303-762-2405)ati...t41"-'•---ol ........................ ,...
PLEASE PRINT
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
DATE:June17,2002
UNSCHEDULED VISITORS MAY SPEAK
FOR A MAXIMUM OF FIVE MINUTES
ENGLEWOOD CITY COUNCil..
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Rqular Senion
June 3, 2002
I. Call to Order
The regular meeting oftbe Englewood City Council wu called to order by Mayor Bradshaw at 7:30 p.m.
2. Invocation
The invocation was given by Council Member Nabbolz.
3. Pledae of Al1epance
(a) Cul, Scout Pack #172 praented the colon and led the Pledae of Allegiance.
Tim Sullivan tbanked Council on bebalf ofthe Jllffllll, the Cuba and the fricDdl of Paclt #172. Tbrougb
your generosity and your staff'11enerosity, we have been able to use the Recralion Center. We planted
the flowers out in liont of the Recreation Center this year, be aid. We would like to tban1t Mr. Sean, Mr.
Black and especially Lynn Hargrove at the R.cctealion Center, wbo bas scrambled to make sure we bad a
place to have our pack meetinp. Also, I would like to tbanlt Dr. Luq,a of Charles Hay Elementary
School. We 1oolt forward to belpina out~ ever we can, be said. Mr. Sullivan o8'end Council hil
tbanb and appncialion.
Mayor Bradshaw said they were welcome to come back. She tbanbd all lbe pamm and family members
for coming.
4 . RollCall
Abtent:
Council Memben Nabbolz. Moon, Gmulia, Wololyn,
Yun:biclt, Bndabaw
Council Member Garmt
A quorum WU prnenl
Aisopraent:
S. MiDUIII
City Maaaaer Sean
City Attorney Brotzmlll
City Clerk Ellil
(a) COUNCIL MEMBER GRAZ1.ILIS MOVED, AND IT WAS SI.CONDO, TO
APPROVE THE MINUTES or THE REGULAR CITY COUNCIL MUTING OJ' MAY 21, Ml2.
Motion earned.
Ayes: Council Memben Nlbbolz. Mame, Wololyn, Yurdlict, Gruulil,
Bndabaw
Nays : None
Absent: Council Member 0armt
6. Sclleduled Vlaiton
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ED11ewood City Council
JuneJ,2002
Pace 2
There were no scheduled visitors .
7. Umcbeduled Villton
There were no unscheduled visitors.
8. Communlcadona, Prodamadom and Appointments
There were no communications, proclamations or appointments.
9. Public Hearin&
No public bearing was scheduled before Council.
JO. Conaent A&enda
(a) Approval of Ordinances on Fint Reading
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (I) ud (H) ON nRST READING.
(i) COUNCIL BILL NO. 27, IN11lODUCED BY COUNCIL MEMBER
WOLOSYN
A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 6F, SECTION 6, BY nm
DELETION OF SUBSECTION C, AND 1TnE JS, OF nm ENGLEWOOD MUNICIPAL CX>DE 2000
WITH THE ADDmON OF A NEW CHAPTER 16, PERTAINING TO GARAGE SALES.
(ii) COUNCIL BILL NO. 28, IN11lODUCED 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 nm EXEMPTION
FROM SALES TAX FOR GARAGE SALES.
Council Member Yurchick said be had a question on the fint council bill. He said it 111b about 1hl 1i1J11
and the removal of the signs, but it doesn't discuss the penalty that would be~ if you don't remove
the signs .
City Attorney Brotzman explained that the penalty is at the very end. It is our &enenl penalty clauae, be
said.
Mayor Bradshaw asked if that is consistent with littering. City Auoniey Brotzmlll said that ii comc:t.
Mayor Bradshaw asked if there were any other questions. 1ber9 _.. -·
Mayor Bradshaw called for the vote .
Vote results:
Ayes :
Nays :
Absent:
Council Members Nabbolz, Moore, Wololyn, Yun:bick, Ormalia.
Bradlbaw
None
Council Member Gureu
Englewood City Council
June 3, 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 . Regular Aaenda
(a) Approval of Ordinances on Pint Reading
There were no additional items submitted for approval on first 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 Dlscuulon
(a) Mayor's Choice
(i) [Clerk's note : See page 6 .J
(b) Council Member's Choice
(i) Council Member Grazulis:
1. 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 arc 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 I both spoke to the
woman, she said, and what happened was that there were some lots that were IIIIIICxed in1o 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 wu 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 hearings, 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. Aa a result, they annexed
in, based on that. But they went through public bearinp and they had a statement of facts u to wby they
came to tha1 conclusion at that time . By State law, you have sixty days from when a property comes in, to
zone it.
Council 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 j ust fr om my observation.
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Enalewood 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 Garrett. Council Member Ganett met with her and
she was given the same answer. Then, Mayor Bradshaw said, she called Council Member Onzulis.
Mayor Bradshaw stated it is unfortunate and we are looking at ways to do a better job, but we don't have
that many properties coming into the City now.
2. She said in the 3900 block of South Broadway, on the eut side of die street, there is a 1900 aquare
foot uea there. It was up for rent for many, many, many molllbs and now it appears that it is going to be
another second band store. I don't know ifwe need to address that, she said, becaUle that entin: l1lip is
going to be nothing but second band everything. I don't want to put anyone out ofbuainess, because we
want to make sure that our antique people don't fall into that same c:alegGry, but this ii a second band
clothing store. I thought I would just give you a beads up on what is Coin& in there. I thought at one time,
she said, that we bad discussed trying to slow clown some of the aecond band tbinp Coin& in.
Mayor Bradshaw said I think we almost need to look at maybe restrictinc any more of thole c:omin& in with
the foot limitation, like we have on some other stores. Maybe, she IUggestDd, we just med 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 ofbuaineu, u oppoeed to aecond
hand clothing. At least, she said, I look at it that way.
3. She asked what happens when people wan! to locate a new buaineaa in the City. When they
contact the Chamber, does the Chamber turn these people over to Commmity Development? Do they just
give them a packet with information on the available llDd sitea or, iftbey c:olllact Commmity
Development, do they turn anything over to the Chamber? She uked if there was anybody-'ana with
anybody else on tbaL
Mayor Bradshaw noted there used to be a packet that the scboola, the Chamber and the City puticipaled in,
but we haven't clone that for yean.
City Manager Sean noted that Jan Johnson works continually with them, and we are in CODlllct with the
Chamber on a daily buis. I suspect we are doing that, be said, but I can't --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 committee, be said, and in tum they ,et that packet, so I would hope
they share that information. Mayor Bradshaw suggested be mention that at their next meetin&-
Couocil Member Grazulis said we just want to make sure we don't lose anybody because we don't coatact
them.
(ii) Council Member Yurcbick :
I . He said regarding Jan Johnson 's respODIC on the buaineu let1ler that ii eoina out, I would ltill lib
to see that and have ACE look at that before it cets really fonnalized.
Mayor Bradshaw noted that ACE is our Alliance for Commerce in ~ poup.
2. He said he just wanted to give Ken Rosa's depanmelll a plua tonight. When I left this moming. be
said, they were working on the street in from of my house, pttina ready ID micro coat it or wbaleffr they
were doing . They bad their no parking signs, but I tbou&ht it was nice dat they wwe aoina door ID door
Enclewood City Council
June 3, 2002
Pace 5
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 was on the stm:t they were goin& to yom door.
City Manager Sears stated they do an outatandin& job. I will pus that on, be said, because those crew1
work really bard and I know they will appreciate the comment from Council on that
Council Member Y urchick said be just lbought it was a real nice, positive thing to do.
(iii) Council Member Wololyn Aid we bad talked about lookina into banning grills
on balconies and wooden patioa.
City Attorney BrolZlllall said thil topic is aet for Study Seuion next week.
Mayor Bradshaw Aid, so, that would come &om the Fire Manball to us.
(iv) Council Member Moore :
I. He said I received a call from a lady that lives at Emenoo and 285, because Code Enmn:emem is
trying to get her to take care of lOIDC weedl aloDa 285. It ia on a bill ao she kind of liNla lib it ii a rilk to
try to do it and she doesn't even tbink it is her property. I have uked Bob MOOR and GIiiy San to ICC
what we can do to make sure the City and the citizen can find a workable aolution.
2. He advised he would not be able to make next Monday'• Study Seuion. I will be out ofto-oo
June 10•, he said.
Mayor Bradshaw noted Council will be conductina interviews tbat nipl and will lllo bold an Euculive
Session.
Council Member Moore noted be could participate by pboac for eidlcr of tllOle, if tbat ii blllplbl and can be
accommodated.
Mayor Bradshaw advised that they might need to have him on the pboac for the Euculive Seuioa, u
Council Member Garrett will be gone lllo.
Council Member Moore said okay, I am definitely acceuible by phone, even !hough I will be OUI of Nate.
(v) Council Member Nabbolz:
I . She reminded everyone that Saturday, Junes• is Old Town Eoalewood'1 Sidewalk Sale.
2. She apologized for leaving the City Council Goal Meeting early . I bid to act to 1WJrk, she said,
and I bad thought that we would be out of there by 2:30 p .m.
Ma yor Bradshaw said we were out of there at about 2:50 p .m.
3. She said the next two things I have are ofbia conccm to me . I have bid two calla in reprdl to the
South Metro Drug Task Force, suppoaedly, "popping" a meth boule, next door to 3060 Soulh DelaMn.
Ms. Nabbolz pointed out that tbele are the kind ofthingl that we were uaund that iftbere -aometbina
like this happening in our City then we would receive a repon OD it So I would apprecwe findina out if, in
fact, it did happen .
Ci ty Manager Sears said be would look into it.
En1lewood City Council
June 3, 2002
Pa1e6
4. She said that on a Saturday night, May 21•, u I wu coming home from work, walking down
Cornell west, there was a car that did about three U-ee's in the inti:nection and then sped off and tbere were
all these little kids in the yard. Two houses up the street on Delawan:, 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 AW wu smoke &om his tires and
there were kids everywhere and some were riding their scooters in the atreet. He ICRUIII down to
Delaware and Bates, then turns around and comes back to Bates and Camell. I misled the last two steps
just trying to find my son and his little buddy that was spending the night Everybody wu out and Ibey
were all looking for their kids . We called the police n this. I love our police department, she said, and
I've never bad but one altercation with an officer that I felt wu not fair. They have always been men than
helpful to me. But an officer Brian Cousineau showed up. Ma . Nabbolz stated that be wu one of the
rudest, nastiest officen she bad ever spoken with. In fact, she said, I didn't talk to him, I let everybody else
do the talking and I was just in the background. He did not bother to get out of his vehicle when we ukcd
to talk to him. He was very perturbed that be bad to pull his notebook out of his pocket to get the
neighbor's name. You know that, bottom line, we are all a collllllllDity around here, and we all take care of
our kids and neighbon. The officer advised us to go over and be neighborly. One of my neipbon ukcd if
it was okay for us to go over onto his porch, introduce ounelves and let him know that we've aot kids and
we're concerned. The officer told us to go ahead, so we did. We didn't know what wu going to happen,
but we did. But, Ma . Nabbolz Aid, the way the officer treated III that nipt, I wu not iqlreued, and I
sincerely hope be bas a change of attitude when be deala with any other citizen in this City.
City Manager Sean stated we will do a full follow-up and review. I appreciate it, be Aid, tbanlt you.
Council Member Nabholz stated this is concerning me .
•••••
Council Member Wolosyn called everyone's attention to the SpriJII Swina IIIDOUDCelllell that is in
Council's packet. This is one of the tint efforts of the Enalewood Education Foundation to have a really
bi& benefit, she said, and it is for a really good cause. The~ pea direc:t to s1Udenll and CINliw
grants . She pointed out that it is not I board that bu I hip 0~ 10 you can be pretty well a-umeci
that your money, which is tax deducn'ble, goes to either creative grants for teacben or for ICbolanbipl for
Englewood kids.
• ••••
(a) Mayor's Choice
(i) Mayor Bradshaw said they bad a really good session on Saturday and she
wanted to thank Gary Sean and the department beads for doina a good job. She said she Wlllted to
reiterate that Mike Yurchick stiil needs some more answers to the bud&ct cuts. I tbink that is probably
being taken care of.
Council Member Yurchick said Frank Gryglcwicz lcnows what I want.
(ii) Mayor Bradshaw noted COWJCil received a memo rep,dina the bacqround
checks on rental tenants . She said she juat wanted to brina it to Council'a llllmlioa !hat the llmllewood
Housing Authority not only does the credit and reference chock, but Ibey also do a CBI c:beck. I tbink we
are working toward setting control of those properties, she Aid, u far u Sec1ion 8 is coacemed, in
northwest Englewood and I think it will work out really well .
(iii) Mayor Bradshaw said Council received a flyer about the CollllllllDity Builder
Award and I wondered if we couldn't talk about that at the Study Seuion on July 1 •. Then we could ltlrt
hand ing out some awuds to citizens in our community -ailo are doina &ood thina• with their properties . I
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En&1ewood City CouncU
June3,2002
Pa1e7
think it is nice that we do that at Christmas, she said, but I see some tally beautiful yards and -ybe we
can look at the most improved properties too. Maybe Code Enforcement could help us with that, she said,
but I would like to talk about this on July 1 ".
City Manager Sears noted that in that memo we bad included kind of a review, but u we uadenlood it,
CoUDCil does want to talk about some alternatives before we actually start to put toaetber tbe proanm.
Mayor Bradshaw said then we can braimtonn OD July 111•
(iv) Mayor Bradshaw noted that on June 2o* we have a concert with die Nacbo Men.
(v) Mayor Bradshaw said we have I new show at tbe Museum ofo.loor Ana and
tbe reception ii June 14•.
13 . City M ....... ', Rlport
(1) City Muapr Sean said be just WIided to make Council aware tbat on South Broadway
there ii I property with a bole in tbe p,,und next to iL They bad been P1-iDa to do a VFW OD that IR
and it baa taken us a lot of~ and almolt a year, for them to actually c:oaa back with a set of plam. Our
contractual coimmcial planniJla review finn that specializes in tbat rejected die Id of plans dley JftNlllled
to us about two weeb qo. We don't lmow ifdley are aoina to come back with UIOtber set of reviled
plans, but u • result of thole plam there ii • qimtion about tbe bole and wbetbcr or not it ii affectiDa tbe
structural capacity of the exiltina building that ii on the 1i1e. We are worlana with them and requiring
them to have I ltlUCtUral m'iew of that building. ao that we will lmow if it ii a safe building for their
c:urnnt purpo1e1 and especially if anytluaa ii 1oiDa to be built oa aile. E-111oua1a I -aot a llnll:lmal
enpnes, be said, and I doe't lmow eucdy wlme. tu will p,, lime ii -pollllllial, dill became of dat
bole that byj!dina -Y be affected fiom the l1nletUnl vinpoillt ml if ao, 6-a aafety Yiewpoillt. we -Y
end up ha~ to uk lbole lmlallll lO IIIOve Ulllil dllll'e ii time IO repiD die llnlCllnl mpily ofdllt
building. City Manager Sean noted that plam -in and every time we are ready IO tab ICtioa dllll'e i,l a
new updated set of plma. By Code we are required to tab a look at tboae, bul we an now lr:iad of in
another pbuc and we are llllppOICd to have I n,pon. by tomanow or die ant clay, oa die exact lltallll of that
building. It ii not in any immediaie danpr, fiom our viewpoilll, bul we are on top of it and I just Wllllled to
make Council aware, in cue we do pt into an inlenae situatioa with die niltiq building-· M we
nay have to tab, for safety purpoeea. 1 touab stand.
Mayor B~w said it ii no difment than ifa buiJdin& bas been afl'ec1ed by a fire or IODdling lib lbat.
We have to mate the building safe. That baa been an eynn for two yean, Ille said.
City Manaaer Sears apeed it baa been an eynn and it bas been biply fnaltnting. VFW ii 11yiDa to
piece toaetber all of their funds . Dnpiie die uae, we ltill have an oblipooa to prolllCt die aafety of the
exiltina buildina. I will keep you posted and die Thunclay report will probably have die current 1ta1u1 of
the si1111tion, be said.
•••••
Mayor Bradshaw asked Leip Ann Hoffhina to draft I leaer 10 Cub Seoul Pact #172 11111 ~ oa
Counc il will lip it and we can MIid it to them.
•••••
(b) City M-,er Sean said we allO bave die c-wity 0."telopmea bnakillt tbil
Tbunday IDDfflina .
Enpwoocl City CHKII
JuneJ,2002
Pa1el
Mayor Bncbbaw said I have a board meetina, IO I have already RSVP'd diai 1-·t be dien:.
14 . City Attorney•, Report
City Attorney 8rolmu did not have aay maaaa ID brina befaR c-il.
15 . Ad....,._,
April 4, 2002
The Honorable Beverly Bradshaw
Mayor, City of Englewood
Members of the Englewood City Council
1000 Englewood Parkway
Englewood Colorado 80110
Dear Mayor Bradshaw and Members of Council:
RECEIVECt
APR112D
Thank you for the opportunity to serve on the Englewood Keep Englewood Beautiful
Commission. It is with regret I infonn you I am, unable to continue my appointment
to the Commission. At this time, I am unable to devote the time and enerav I fnl
are necessary to fuUy support the Commission and its peat work.
Please accept my best wishes to the City and the Commission for a successful and
productive future.
Sincerely, _
/j . --/'_
(A'~',/--~
Cinda Losee
530 E. Amherst Avenue
Englewood, CO 80110
May 29, 2002
Mayor Beverly Bradshaw
1000 Englewood Parkway
Englewood, CO 80110
Dear Mayor Bradshaw:
~-~ ,-. -... r r ) ,::a 1 "".-3 • ... .. .. , ........ ., ·-_,
JUr~ -3 2002
;:211;( MAl'-JP.Libi.::.urr11wc
r.:i\h::LE1.Mn1:I} COLnR.AO(
Unfortunately, I need to resign from the Urban Renewal Commission. I have been
unable to attend any meetinp so far and will probably have problems doing so in
the near future. I appreciate the opportunity to la'Ve Eqlewood even though my
schedule has prohibited it Maybe next year. I ha~ already informed Gertrude
Welty to take me offtbe mailing lilt.
Sincerely,
't-~ U.Jd..LI~
Judy Wallace
KEEP
ENGLEWOOD
June 4, 2002 BEAUTIFUL
TO: Mayor Beverly Bradshaw and Members of City Council
FROM: Bill McCahiJI, Chair of Keep Englewood Beautiful
DA TE: June 4, 2002
SUBJECT: Commission and Board appointments
As Chair of the Keep Englewood Beautiful Commission, I am requesting that City Council
accept this memorandum as Christopher Hanson's resignation from the Commission.
After his appointment in February, Mr. Hanson contacted the Commission's recording
secretary, Nancy Fenton, and resigned. Ms. Fenton mailed Mr. Hanson a resignation letter
for his signature and after numerous reminder cals to return the letter, Mr. Hanson has not
done so. Mr. Hanson has not attended a Commission meeting since his appointment.
Would you, therefore, consider Mr . Hanson as resigned and ftD this vacancy when
appointments are made in June.
Thank you for your consideration.
Keep Englewood Beautiful • City of Englewood
1000 Englewood Parkway • Englewood. CO • 80110
(303) 782 -23&2
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(":-1
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PROCLAMATION
WHEREAS , Code Enforcement Officers provide for the safety, health and welfare of the
citizens of our community through the enforcement of building, zoning, housing, animal
control. fire safety , environmental and other codes and ordinances; and
WHEREAS, Code Enforcement Officers are often not credited for the jobs thst they do in
saving lives and improving neighborhoods , as are emergency personnel such as police, fire
and emergency medical services; and ·
WHEREAS, every day, assisted by support and program staff, they attempt to provide
quality customer service to the public for the betterment of the community; and
WHEREAS, too many times their efforts go unnoticed, even after code compliance has
been accomplished due to their efforts and expertise ; and
WHEREAS, the Code Enforcement Officers are dedicated, well trained and highly
re s ponsible individuals who take their jobs seriously and are proud of their department and
the local governments within which they serve; and
WHEREAS, the Colorado Association of Code Enforcement Officials ha& requested the
fourth week of June be set aside to honor and recognize code enforcement officers;
NOW THEREFORE , I. Beverly J . Bradshaw, Mayor of the City of Englewood, Colorado,
hereby proclaim the wHk of June 23 -29, 2002 u:
CODE ENFORCEMENT OFFICERS APPRECIATION WEEK
in the City of Englewood . Colorado . in ~c cordance with the statewide observance of the same
and encourage citizens of Englewood. Colorado to join this Council in expressing appreciation
for the dedication and outstanding service provided by the individuals who serve as our Code
Enfort.-ement Officers.
GIVEN under my hand and seal this 17th day of June, 2002 .
Beverly J . Bradshaw, Mayor
'
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BY AUTHORITY
Om>INANCB NO.~ 1
SERIES OF 2002
COUNCIL BILL NO . 27
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
AN OIDINANCB AMINDINO T1TLI 7, CBAPTIB el, SBCTION 8, BY TIIB I
DEIJ::TION OF SUBSECTJoN·c. AND TITLE 15, or TRJ/: ENGLEWOOD
IIUIIICIPAL ~ tOllb1ffl'H 1'111 ADDfflON or A N1W CIIAPl'D It, I
PERTAINING TO GA.RAGE SALES.
WHEREAS. becaUN or the periodic natun or prap ealee, it ia determined that a
sales tax license and the duty to collect aaJu tu OD auch prap ..i.. ia a burden to
the citizena or Eqlewood; and
WHEREAS, restricting the number and duration or prap ealN will prevent auch
aalea from becolDUII a commercial aalea event in a reaiclential area;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCU. OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
5m;tion 1. The City Council of the City of Eqlewood hereby approvea amendins
Title 16, or the Ens}ewood Municipal Code 2000, by acldiJII a new Chapter 16 ·
Garap Salea, Section l, entitled De6nitiona, which aball read u i,Oowa:
11:11: QAJlAGB SAirP·
™ P.ftpitimu; For tbs purpop althif 9w!5s 5"' fpQpwipg 1IPPI ebeJJ
~n the munipp iw!iptpd:
GARAGE SALE:
PERSON:
•es1·we, .n ,.,, ,uw ·-,.., "" e1e· • •
y1a·. ·namm,e ,..· ·-,..• •· ar Emiler eh e( MRPNe
nmr•J pnpgty ·• it rdmSind re tJw evbV& es 1tm
Shall only jpclude IP individual •hp 9"PI n,l IIMllt1l; ppta
or meip$fipp t Iev, pf gpI p,-gy· PF beHe 5be ,.;sm of
property WIPIP! a( t.hp m1 BP1RS5J •bpp SN eh ip
~-
Section 2. The City Council or the City or Bnslewood. Colorado benbJ amenda
Title 16, by addint a new Chapter 16. Section 2. ol the Eqltwood Mumcipal Code
2000 , to read u follow,:
™ l•w1qtiw; Dae WIAYies mrMmmt tpply re tP rmne bektins t
sarap ult ip 5ht City pf §plmeJ'.
-1-
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~ No peraon may conduct more than two <2} garage aa1e, in any calendar yev at
the Mme location.
~-Each garage gle ahall laat no more than throe <3> 00paecutiye daya.
~-Only the peraon, 11 defined herein, having oont.roI of the entire property may
conduct a PPP aale
$o<;tipn 3. The City Council of the City of Ens)ewoocl, Colorado hereby amenda
Title l&, by adding a new Cbepter 16, Section 3, o( the Englewood Municipal Code
2000, to read aa Collowa:
~: ~ §ip are permitted in the publli; right-of-way k> advertip prap
aa1ea proyjded the followim pJPYifrigp• VI met"
~ No prap aale aim eb•JJ e:ueed ourht.aen incboe by eightcon iDsbn• <ir I lf'),
~-All PPP aale pimp u,n bear the •!Jdrw o(tho pegpp bwdirs thp PPP aale
and date o( aale.
~-No PPP aale aign •balJ bo plac;ed on a traffic qmtgpl dcYia or mnnjtjpal utility
atruc;ture.
~-No prap pale aim eb1JI olptrw;t tip m• o(tratps witbip the w•Nis ript;q(-
way w hinder mnridrPl 9PVIPRPf·
~-No 110v v w wu be P9P!t4 mpg &ber thrpp 00 c1ap PMF se SN PPP -· No wan p1e lie rb•U be !,A P9V:R4 man; Sber PPS m 4v tis the PDP ••
g. It ahall'be prime fado ovidpnge that the addr idp@rl pp the PPP w,
•ign hap plac;ed the mm in thp pubMF tjfht-of-way .
$ectipn 4 . The City Council of the City of Enclewood, Colorado hereby amends
Title 7, Chapter SF, Section 6, by the deletion oC Subeection C, in its entirety, ohhe
Englewood Municipal Code 2000, to read aa Collowa :
7-6F-6: Poatera. Poatln1 and Denructioa.
A. Any handbill, poet.er, placard. _. painted or printed matter IILlilll wbicb
ahall be atuclt, posted or puted upon any public or print.a bouN, ltal'e or
other buildinp, or upon any feam, power pole, t.elephom pole or odler
atrw:ture, without the permiMlion al the owmr, apm or oocupaat, aball be
deemed a nuiaance.
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B. It shall be unlawful for any peraon to either willfully, maliciously, wantonly,
negligently or in any manner tear down, deface ar cover up any poated
advertisement or bill of any penon when the aame is lawfully erected or
posted in harmony with the provisions of this Code.
G. Sipe ali,ersilin1 llll'•re ealee 811 lieineli ill Seetiiea t t II ate_. ,-miMeli
ill the p11.l,lie nrht af we,. Sipla all :erMills 1•aee ealee 811 ii f Ii ill
Seeliea t , II are penaiiteti aa pri,aN prepett, p•euitleti tee aipe meei tile
fellewiag re,llil'emellta.
+.
a-. Baar tllll -• IIIMl a.W.eae aftllll pel'IIIIB heliiillc tllll sarap
Nie ---~ af Nie.
&. .\toe .. plaeeli Ml a •allie repla'8.,. ft i lee M m mm, ahr
pHlie....,......._e.
6. !we_. paeteli mer, tbr tllree t3) tia,11 prier [tel er-. .. t3)
.,.. ............ Nie.
It ehaH l,e prima faeie e nlie-that the ,...,. ilieati&eli ea tllll aip hae
plaeeli the lip.
Soc;tima It Sgty CJ•vw The City Council banby &nda, det.erminH. and
declares that this Ordinance is promulpted under tba pneral police power ol the
City of Enc)ewoocl, that it is promulpted b tba health, safety, and weJfua ol tba
public, and that this Ordinance is neceuary for tba preaenation of health and safety
and for the protection of public cmmtnience and welfare. Tbs City Council further
determines that tba Ordinance bears • ratioaal relation to tba propar lepelative
object aoucht to be obtained.
$es;tjgp §. 5oYvebjljty If any claw, Nnt.ence, parqrapb, ar part ol this
Ordinance or the application tbareol to any penon or c:in:wiuitanma ab&l.l b any
reaeon be adjudpd by a court of competent juriadictioa invalid, auch judplent ahall
not affect impair or invalidate the remainder of this Ordinance or itr application to
other persons or circumatancea.
5es;tion 7 InmofPNot Ontinew:ee All other Ordinance, or portiona thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the extent of auch incomiat.ency ar c:ooflic:t.
$tctiQn 8 . Effect gf 119111 Ar mqljficetjop The repeal or moclitication of any
provision of tba Coda ol tba City ol Enpwood by this Ordinance aball not raleaN,
extincuiah, alt.er, moclily, or c:banp in whole or in part any penalty, ~. or
liability, aitber civil or c:riminal, wbic:b aball haw been iDcuned under aucb prcmaion,
and each proviaion shall be treated and belcl ta still remairri,. in bee fDr tba
purpoNa ol •uataininc any and all proper actioaa, auiu, P"""inp, and
proaec:utiona b tba eninement of tba penalty, larflma9, ar liability, u well u fDr
the PIIJ1ICIN ol •uataininc any juqmem, cllcrea, or ... wbic:b cu or aay be
rendencl. ent.encl, ar made in such aetiaM, auila, ,,.,...,;,.. or p_,tiom.
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Sm;tiqp 9 Elaala. Tbe Penalty PrcmaionofSection 1-4-1 EMC lhall apply to
each and e'ftr)' violation of thia <>rclimm..
Introcluced, read in full, and paued OD lint readinl cm the 8rd clay of Juue, 2002.
Publiahed • a Bill for an Ordinance on the 7th clay of J111111, 2002.
Bead by title and pa.eel OD final readiDc Oil the 1.,. clay of J111111, 2002.
Publiabecl by title u Ordinance No. _. SeriN of 2002, cm the 2lat clay of J111111,
IOOI.
AffBS'I':
Loucriabia A. Bllia. City Clark
I, Loucriahia A. Bllia, City Clark of tba City of BJll)awood. Colando, --, certify
that the abaN and fanaainl ia a true Clap)' of tba OrdiDum p-4 cm flml NlldiDr
and publiahad by title u Ordinuce No._. SeriN of IDOL
La.-: tltA.Bllil
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BY AUTHORITY
OIDIMANCB NO'!:J.!_
SERIES OF 2002
COUNCIL BILL NO. 28
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
AN O&DINANCI AIIDIDINO 'lftl.ll 4. CIIAPl'llll 4, SIC'ftON 4. 8tJ1181C'110J18 I AND
4, OF THE SNQLBWOOD MUNICIPAL am& .a. PERTAINING TO THE BXBMPTION
l'IOIIIWaTAXIOaGAMGS......_ . . r
WHEREAS, becauae prap u1ea are only allowed on a periodic buia; and
WHEREAS, tbeN prap aalN an DOt conducted u an onpinc b~; and
WHEREAS, becauae of the nature of tbeN ealea the indmduala 1hould not be required to
apply for a aalel tu liceJlle or to c:ollec:t ealea tu;
NOW, THERBFORB, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Sec;tjgp 1. The City Council of the City ofEnclewoocl, Colorado hereby amenda
Title 4, Chapter 4, Section 4, Subaec:tion 3, by the addition of a aew Parapaph A. Nwnber 9,
and amen.dins Parqraph B, Number 4, of the~ Mllllicipal Code 2000, to read u
follow,:
A. Exempt It.ema: Theule of the fi>llowjq c:1-aftusible pe--1 property are
exempt from the tu impoaecl by Section 4-4-4-2:
1. Motor.vehldee, trailen and aemi-trailen, Nliaterecl outaide aftbe City.
2. Sa1ea of taqible penonal property where both the folknrint cond.it;inn, mat:
a. The ulel are to partiel who are reeidenta of. or doina buainNe in, the State
of Colorado, but outaide the City; and
b . The articlea purchued are to be delinnd to the purc:buer outaide the City
by CO-OD carrier or by the CODftJaDCle of the Nller OI' by mail.
3. Sale of fuel Uled for the operation of internal combultion euci-.
4 . Sale of medicinl, medical 1uppliN, orthopedic braca and appliaac:N, dental
appliancel. bearina aidl, crutchel, wheel chain, e,w pw or other -"enica)
contrivancea when purchued with a licenaed pnditiamr'1 written p.-ipcioa.
5 . Salu offood product.I wluch are to be conaumad a«the pnmiae of the veador. M
uaed herein "food" meau food which ii adwrtiNd or marbtN far hllmAD
conaumption and aold in the -• i>rm , condition. quantitiN and pedresinl u ii
10bil •
t
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commonly sold by grocers. The term includes cereals and cereal products; milk and
milk products; meat and meat products; fish and fish products; ens and en
products; vegetables and veaetable products; fruit and fruit products; supr, augar
products and aupr subatitutea; cofl'ees and coffee aubetitutea; teu, cocoa and cocoa
products; apicea, condiments, salt and oleomargarine. The term "food" doea not
include chewing gum; spirituous malt or vinous liquon; cocktail m.ixee; proprietary
1 medicinee; noatruma; lozenps; tonics; vitamins and other dietary aupplementa;
water, mineral water and carbonated water marketed in containeni; ice; pet foods;
food or drink furnished, prepared or aerved for consumption at tablee, chain or
count.era or from tn.y1; gluNa, diahea or other tableware provided by the retailer;
. ' prepared food or drink aold by retailers who l'8IU1arly Nll l>r coll.lWllption on or
near the premiaea of the retailer aven thoup IUCh food or drink ia IOld on a "take ... out" or "to go" order and ill baaed, pacbpd or wrapped and taken from the
premiaea of the retailer; and food or drink vended by or throup macbiDN on behalf ..
of a vendor. ..
6 . Sales of goods manufactured within the City and aold directly by the manufacturer
to a common carrier operating in interstate commerce u the ultimate comumer .
thereof.
7. For transactiona conaummated on or after January l, 1986, the City'1 Alee tu
sb ll not apply to the aale of construction and buildinr materiala, u the term ill
used in aection 29-2-109, C.R.S., if IUcb materiala an picked up by the purchuer
and if the purchuer of 1ucb mat.eriall preaenta to the retailer a buildiq permit or
other documentation acceptable to the City mdenciq that a local UN tu hu been
paid or ill required to be paid.
8. Salea ofnewlJ)apera and mapzin11.
a. &1111 (If h1111iii11 ""l"WIII nnmM'hr 1, I ama 1111 11 ddllld 1unm11 11111 Ila ii 'e
li&11Siim m: 11:11:a 111"
B. Exempt Tupayera: Salee to the followinl cluNa oftupa:,era lhall be eumpt from the
tu impoeed by thill Chapter:
1. Salee to the United Statea aovermnent; to the State ol Colorado, ita clapart;menta or
inltitutiom and to the political 1ubclivuiom tbereof, in tbeir pftnlllleDtal capacity
only; in all alu to the City; proridinc, however, that DO OOIIUll8lcia1. illduatrial or
other bankinc illlltitution, orpniaed or chart.end by the United Statea IOftl'IIJIUlnt,
any apncy or department thereof. or by the State of Colorado, lhall be collllidered
a governmental inltitution for the p~ of thil eumptioll.
2 . Salee to relip>ua, charitable and eleemOl)'DUJ inltitutiona, in the conduct of their
regular relipoua, charitable and eleemOl)'DUJ functiou and activitwa.
3 . Nothinc herein contained lhall be dNmed to uempt from the tu lniN by thill
Chapter, Alee of buildiq materiala or 1uppliae to be uNd by a cootnct.or far Che • comtruction of an improw-nt for U1J of the inltituaoaa or apnciea enumerated
in aubeection B 1 or B2 hereof. • • ..:.J 4 . Penona IHlllila11i11111111illll am111l 11Pllftalft 111 aaa 11111 • dalhwl i...-11
IDd IMill ia Jigl11iiga SI&: IA:11.1 IM~ 11,1•i•1• ............... _ ...........
-·
ae, mere ihall '8Ne (3) eeaaeMtii1e .&a,e per ealeaW year ahall aet he ,ell'B"tl '8
N'8i:B a aalea '8:11 lieeaae.
C. Burden of Providing Exemptions; Disputes: The burden of proof that any retailer is
exempt &om collec:tinc a tu upon any IO()ds sold and payinc the 18Dll t.o the City, or
&om makinc return for the same, shall be on the retailer under 11Uch reuonable
requirements of proof u the City may prescribe. Should a dispute ariee between any
purchaser and eeller u t.o whether or not any retail l8le ia exempt &om tuation
hereunder, the eeller ehall, nevertheleu, collect and the purchaser ehall pay 1uch tax;
and the eeller ehall thereupon iaeue t.o the purchuer a receipt, or certificate, on forms
preec:ribed by the City t.o determine the q1181tion of exemption. In any cue where the
City refunda any tun, it may collect &om the retailer the amount of tu. retained by
him/her u a fee which ia attributable t.o the t.raD8aetion.
5c!;tipp 2. The City Council of the City of Enclewood, Colorado hereby amende
Title 4, Chapter 4, Section 4, Subaection 4, by the addition of a new Parqraph 4, Letter E, of
the Enclewood Municipal Code 2000, t.o read u follow,:
4-4-4-4: Llcenee for Retailer Required.
A. It ,hall be unlawful for any penon t.o enpp in the buain-of makinc retail eales,
u the ume ia defined herein, without lint hlvinc obtained a licenee therefor, which
licenee ,hall be cranted and iaeued by the City Licenee Officer, and ,hall be in force
and efrect until 1uepended or revoked.
B.
C.
No licenee ehall be required for any penon enppd ucluaively in the buaineu of
eellinc commoditiee which are exempt &om taxation under thie Chapter.
The licenee required by eubeection A above ehall be cranted upon application u eet
forth in Title 5, Chapter 1 of thie Code.
D . The City ,hall make available t.o any reqUNtinc vendor a location pil:le lhowina the
boundariee of the City. For tramactione coneummated on or after JanWU7 1, 1986,
the requeetinJ vendor may rely on auch location suide ud any update therea(,
available t.o 1uch vendor, in determininc whether t.o ~ a ea1ee or 11N tu or both.
No penalty ehall be impmed or action mr deficiency maintained qainat l1ICb a
vendor who in aoocl faith compliea with the moet -.it location plide available t.o it.
£. No elce &v Jimoe ebell M mevim4 k em PVIAP boldins e non ele 11 defirrl
herein n loo, 11 &bu em o9& in xiWe&iAP e( IA:11:2 BHC
S@ctiop 3 . Safety Clau,ea The City Council hereby finde, determinee, and ~ that
thie Ordinance ia promulpted under the pneral police power of the City of Eqlewoocl, that
it ia promulpted for the health, aafety, and welfare of the public, and that thie Ordinance ia
nece11ary for the preeervation of health and 1afety and for the protection of public
convenience and welfare. The City Council further determinee that the Ordinance bean a
rational relation to the proper lecialative object eoupt to be obtainacl.
Section 4. Severability If any clauae , aentence, parqraph, or part of thie Ordinance or
the application thereof t.o any penon or circum1tance1 lhall for any reuon be acljudpd by a
co urt of competent juriadiction invalid, 1uch judcment •hill not affect impair or invalidate
the remainder of thia Ordinance or ita application t.o other penone or Cll'CWllltancel.
'
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Sectipp. A Ipgmgtent Qrdinenrn All other OrdinanCN or partiom thereof inconaiat.ent
or conflictinc with thia Ordinance or any portion hereof an hereby npea)ecl to the extent of
such inconaiatency or conflict.
Sactjgn 8. M,st pf r,pyl or rnodificetjgp, The npeal or modfflcetion of~ prmaion of
the Code of the City of Bqlnroocl bJ thia Ordinance lball not nleue, estinpiah, alt.er,
modify, or cbup in whole or in part any penalty, bfeitun, or Ha~. eitller cm1 or
criminal, which aba11 have been incurred ander l1ICb pro9ilioa. and Neb pl09iaion lhall be
treated and beld u still NIIWIUDI in tbrcll l,r the P1UJIOIN of natainiDI any and all proper
actiou, euita, proceedinp, and prcllllCUtiaDI l,r the .......... , of lbe penalty, bi'llitun, or
liability, u -n u b the purpoee of netaiDiDr ~ jwlpwnt., ~ or ardar which can or
may be reudencl. entered, or made ill nch actiou, euita, prallNltinp. or~-
Section 7 ~ The Penalty Pnmeion ofSectioD 1-4-1 BMC aba11 apply to wb and
nezy violatioD of thie OrdmaDce.
Introduced, read ill full. and pUNd on fin& l'NdiDs on the 3rd dQ of Jum, IOOl.
Publilmd u a Bill a an Ordinance on lbe 7th dQ of Jam, IOOI.
Read bJ tide and pUNd on final readins on the 1.,. dQ of .Jum. 1001.
Publ.iahecl bJ title u Ordinance No. __. Serial of lOOJ, cm the 11• a, of .J,me, IOOl.
Loucriahia A. B1lie. City Clerk
I, Loucriahia A. Bllie, City Clark of the City of Bqlnood. Calando, ..._, oani(r lbat
the above and fonaoiDI ii. true copy of the OrdiuDDI,.... _ ............
publiabed by title u Ordinance No. __. SeriN of IOOI.
COUNCIL COMMUNICATION
Date Apndaltem Subject Ordinance amending the
Englewood Municipal Code
June 17, 2002 11 a i pertaining to Hobby and Derelict
Vehicle Licensing
Initiated By
Code Enforcement Advisory Committee
I Staff Source
Chris Olson, Director of Safety Services
COUNCIL GOAL AND PRMOUS COUNOL ACTION
In February of 1991, City Council adopted Ordinance No. 11, pertaining to Environmental and Nuisance
Issues, including regulation of derelict and hobby vehicles. In November of 1991, City Council approved
Ordinance No. 63, pertaining to registration and permitting of derelict and hobby vehicles. Oty Council
briefly discussed the issue of derelict and hobby vehicles during the City Council meeting on May 20, 2002.
RECOMMENDED ACTION
Staff seeks Council's consideration of a bill for an ordinance amending Tide 15 of the Ensfewood Municipal
Code pertaining to Hobby Vehicles Licensing.
BACKGROUND, ANALYSIS, AND AlffRNAllVES IDENTIRED
The Code Enforcement Advisory Committee discussed hobby and derelict vehicle regulations at its May 15,
2002 meeting. At staffs request. the committee recommended removal of the $100 licensing fee for the
hobby/derelict vehicle permit from the Englewood Municipal Code. The attached ordinance addresses this
concern by removing the permitting requirements from Tide 15, Chapter 9, Section 1 of the Code.
FINANCIAL IMPACT
There is no financial impact associated with adoption of this ordinance, as the hobby/derelict vehicle
licensing fee section of the Code is not currently being enforced.
LIST OF ATTACHMENTS
Propose d 'Ji ll for an Ordinance
BY AUTHORITY
ORDINANCE NO._
SERIES OF 2002 ·-. ' DU~BY COUNCIL .......... ,
-~~'ltl_!411. CIMPIIIU..IIIOl'i.o,· ...
EN'dLtwooD MUNICIPAL CODE 2000. fift'i'.Anmfo TO HOBBY VEHICLE ..... ,
1
'
WHEREAS, the Enclewood City Council adopted resu]ation of derelict and hobby
vehicles by the puaap of Ordinance No. 11, Series of 1991; and
WHEREAS, the Enclewood City Council adopted retpatration and~ of
derelict and hobby vebiclea by the pueage of Ordinance No. 68, SariN 1991; and
WHEREAS, the Enclewood Code Enbcement AdWIQl'J CommiUM 1'8CO!Dmendecl
approval of amenclinf Title 15, Chapter 9, Section l, rem09al of the permit and the
$100 licel18Ull fee for the hobby/derelict vehicle permit at ite May 15, 2002 meeaJII;
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY or
ENGLEWOOD, COLORADO, AS FOLLOWS:
Sactipp 1. The City CoUDCil of the City of Bnclewood, Colarado henby am8llda
Title 15, Chapter 9, Section l, of the Enc)ewood MIIDicipal Code 2000, to rnd u
follows:
Chapter 9 VEHICLES; DEBBLICT AND BOBBY
15-9-1: Vebiclea; Derelict and Hobby.
15-9-1: Vehicles; Derelict and Bobby.
It shall be wilawful and coneiderecl a n\UNIICII many penoll to aton),
maintain or keep any derelict or hobby vehicle, u de6ned by dlia Title, cm any real
property or adjacent public risht-of-way in the City escept u ilwwa:
A. Vehicla in .Ruidential Zona.
1 . There shall be no more than one bobby or derelict vehicle
maintained or stored on the property of any reaidence in a
residentially IIOD8d cliatrict, which nlude eh.all be nand in a
fully encbed prap or similar *111ct1ue. A penon may 8&ol'e
the vehicle in a carport Ill' open -if die nmcle aad ite
parta an kept ea.tireq COftl'8d with a ae-down caDYU or
other opaque coverinf. Storap or COftl'inl ie DDt nquincl
when the vehicle ie actually beinJ worbcl cm.
-1-
2 . No penon ahall et.ore or work on any hobby or derelict vehicle
within the requincl front yard aetback or in or on any public
property or ript-cJl-way.
3. The OWDer of a derelict or hobby vehicle u well u the
occupant and owner of the property ahall be INJIOll,lible for
the maintenance or ltorap of auch vehicle in compliance with
tbia Chapter.
4 . The owner of a hobby vehicle or derelict fthicle atond in a
nmdlDtial1J 80llld. diatrict ahall Nptel' the vehicle with the
Department of Motor Vehiclea, State of Coloracl0; er elslaia • .............................. ,.
•. 'lllleN.., he--· ... .,, ......... the
tt.
....... ....,. ... nlielwh.i1l11illr11id alial -t.
it.
'Ille llh.els., -.Iii h lia ~ ._. ,.._, rb ll
...... '8 a -• HIIJllaal aw
rrrii1zti llr-•,.....,,. • .__.
b Plle ... r.wm~• tha,,._
•••the .... aila 11a1 . 'Ae , ... sh JJ lie
--· .. a .,,.1.,t· h ... A .,11il1 .....
8Blr w lh.lh., • hi J lia ~ ••-p1-W
rh JJill•irr-,w, ..... ,__.._
tha .... aill I T tftha isritiwl ............
rash: Ju-,,..,.tllhlill rtltha
~11bld -~-·-..... the ---....... .., .. ,a., .... ..
~· •• J -~ .......... .
'Aelh.lllhf•rllid w, .. ,..... b llhe ..................... .,.
mil ti Ar•••,,.,..,_._._._
h. tal N drlhr (9188,llij, asatnn &1.W.,
,_ •-h.elshf • •aW•rt· Jr wh.illhia
.......... all .... ill .......... .
......... ,it, f ll.,11a1ddiatliaatha
Qity ....... b ]J .. ,a.,..,, ..... .,. .... , ...... J ... _,. __
" .• f 1,,.,.., .. atil,iillthepnait
_. h llBll .. pl.,'8-,1thlrrl · I er
pwaaal • rnidr ti J ,,.,...,..
Nea.,.th.s .. ,.,.. h ll llaaeliua at-,liae.
6 . No penon ahall at.ore on a reaidentially ~ property a
bobby or derelict Yebida ............ in violaaan of
the manner •t forth in thia eubNction aiJt (6). P'ailun to
comply ahall be a violation of tbia Coda.
6 . AAy aincle YebicJa atoncl OD the property that ia COftl'N with
a tit down c:anvu or other opaqu. COYWina, ia atored on a
-2-
hard aurface and baa four (4) fully inflated tirea ia preaumed
to be fully licemed, iuured and State impected and not a
derelict or bobby ffhicle. If more than one ffhicle ia covered
and atored on any one property, thia preaumption ,ball not
exiat and it aball be the duty or the City to determine
whether the vebiclea are derelict or bobby u defined by thia
Section and to tab auch meuurea u are authoru.ed by thia
Section.
1. No peraon aball lr.eep a bobby or derelict vebicle in a buaineaa
r.onecl diatrict unlNI auch vebicle ia atond in a fuDy enc1oeed
atructure in an area acreened &om view or adjacent propertiea
and public righta-of-way.
2. No peraon who reaidea in a buainna or induatrial r.onecl
cliatric:t aball lr.eep more than one bobby or derelict vebicle on
the property.
3. The owner or a derelict or bobby vehicle u well u the
occupant and owner or the property aball be reaponaible 6:,r
the maintenance or ltorap or auch vebicle in compliance with
thia Chapter.
4. The owner or a bobby vebicle or derelict vebicle atmed in a
buaiDeu sonecl cliatrict aball resiater the vehicle with the
State or Colorado Department or Motor Vemcl-.-• .. .._ -
lapeweecl ...... ,....._,ll[l!llwh · Jr.
&. 'AeN ..,-lie--· .... .,., . .,,...._ ... the
••
~ ,lhelllly • •elift whhh1 ill II · 111 ......
..... , :1t · .... ~ ••• ,111,.....,t)) _______ .,.. ...... .
II · 11 11••• .,...,. .. • •e ... h D
lie oalW • • m ($ a1atlttilae ••••-the_.., ,liaa nan, 'Ae ,__. 1h1H lie
--• ,_ • •••• whilh _. • .,,llil:1 a . 9ab"-·-••, ... t · 1 -~_. .....
rt.Pl .... ill-, w yw tilae ,.,_. •••
W.. _.., •• ,lthe iaitirll ,_.. AAer ..• ·, .. _, ........... . ......
"hellll1rn· J mE$a11111,....w..
............... ..,.,.i, .... -... ., ,+· .... ~ ........... .
..... , •••. ,._,_,.... b JJlleiaa•••
--· • ......... afa II ·c II-· Pf.....,., ... the .. af w ....... f Pl I (tlN,88),
-•1e1f11aWe,,_W.._W.ll1••alial,.h" l
wWehia ...... Matalltilauilla,.-I l ••
..,.,. ia • n,i•,...a, 11•• #iatrilt •the~.
-3-
e.
'Jae pe!'llffl 1hall appb' •ab' '8 ._ '7e!'llti41Nni" • elliele
_.., eae ,_l r,f reailienliel prepeit, ilieMifieli in~
permt• 8M aaH _. a,pb' •-, ether ,eh · J •
pmeel er h•im• prepe,ty .
Ne mmre th aae pe!'IIM ahall he aetiM et ea, time.
5. No pel'IIOn ahall st.ore on a buainea-mned property a hobby
or derelict vehicle witllellt a pel'llffl er in violation of the
manner aet forth in tbia IIUbaection six (8). Failure to comply
eball be a violation oftbia Code.
6. The proviaiom oftbi11ubeec:tion six (6) ahall not apply to
property that has aa a permitted use an auto repair
buainea.
S@ction 2. Safety CJaYN• The City Council hereby finds, determinea, and
declares that tbia Ordinance ia promulpted under the pneral police power of the
City of Enclewood, that it ia promulgated fir the health, safety, and welfare of the
public, and that this Ordinance ia neceaaary lbr the preeervation of health and safety
and £or the protection of public c:omeniance and welfare. The City Council further
determines that the Ordinance bears a rational relation to the proper legialative
object aought to be obtained.
Scd,ipp 3. Sevembjlity If any clauae, aentence, para1r&11h. or part of this
Ordinance or the application thereof to any penon or c::ircumatanma aball fir any
reaaon be adjudged by a court of competent jurisdiction invalid, auch juqment aball
not affect impair or invalidate the remainder of this Ordinance or ita application to
other persona or circumatances.
S@ction 4 lnronENnt Qntioemee All other Ordinancea or portiona tbenof
inc:onaiatent or conflictinc with this Ordinance or any portion hereof' are hereby
repealed to the extent of such inconaiatency ar conflict.
S@ction A Effect of r,peal gr modifimt;k;m The repeal or modificatil}ll of any
provision of the Code of the City of Enclewood by this ~ aball not release,
extinguish, alter, modify, or chanae in whole or in part any penalty, bfeitunt, or
liability, either civil or criminal, which shall have been incurred under such proviaion,
and each proviaion aball be treated and held u still rem•inia1 in bat ir the
purpoees of suetaining any and all proper actiom, •uita, proceedinp, and
prosecutiom for the enforcement of the penalty, lbrleiture, or liability, aa well aa lir
the purpo1111 of euatainiag any juqment, dec:ne , or order wbic:h can or may be
rendered, entered, or made in such actiom, auita, plOCNdinp. or pl'ONCUtione .
Section 6 &J1A1tt. The Penalty Provision of Section l+l EMC shall apply to
each and every violation of this Ordinance.
Introduced, read in full, and paaaed on fint readins on the 17th clay of June, 2002.
-4-
Publiahed a, a Bill for an Ordinance on the 2111t day or June, 2002.
Beverly J. Bradlhaw, Mayor
ATTEST:
Loucriahia A. Ellia, City Clerk
I, Loucrilbia A. Ellia, City Clerk of'tbe City of'Eqlewood. Colorado, hereby cartify
that the above and f'oreaoinr ia a true CDPJ of a Bill tor an OrdiaaDce, int.rod..-d, rud
in full, and pUNd on &nt readiq on the 17th day of Jum, IOOI.
-5-
COUNCIL COMMUNICATION
Date Agenda Item Subject
Transfer of Control: AT&T
June 1 7, 2002 11 ci Comcast Merger
Initiated By Staff Source
City Manager's Office Dan Brotzman, City Attorney
Leigh Ann Hoffhines, City Manager's Office
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
1967 -Ord. No. 33, authorizing a Cable Television Permit with Mountain States Video
1973 -Ord. No. 26, authorizing a Cable Television Permit with Mountain States Video
1980 -Ord. No. 4, authorizing a Cable Television Permit with Mountain States Video (TCI)
1992 -Ord. No. 37, authorizing costs Incurred in cable franchise negotiations
1992 -Ord. No. 38, authorizing an Intergovernmental Agreement with Greater Metro Cable Consortium
to develop a Model Franchise Agreement
1994 -Ord. No. 68, adoption of Customer Service Standards for Cable Operators
1995 -Ord. No. 26, authorizing an extension of the current Cable Television System Permit on a month-
to-month basis
1999 -Resolution transferring control of the City's Cable Television System Franchise to AT&T
Corporation
2002 -Ord. No. 19, approving a Cable Television Franchise Agreement with AT&T Broadband Mountain
States Video, LLC
City Council discussed the proposed resolution during the June 3, 2002 Study Session. The most recent
cable franchise agreement with AT&T Broadband Mountain States Video, LLC, became effective June 10,
2002 , but because the Request for Consent for Transfer of Control was received while the former franchise
was in effect, we are proceeding under the terms of the former agreement
RECOMMENDED ACTION
Staff seeks Council support for a resolution consenting to the Transfer of Control of the City's Cable
Te levi sion System Franchise to AT&T Comcast Corporation.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In earl y March, the City received a #Request for Consent to Change of Control" regarding the proposed
m erg er of AT&T Broadband and Comcast Corporation. Englewood's Cable Television Franchise
Agreement requires City Council's approval of the change of control resulting from the proposed
transa cti o n. The City has 120 days (until July 3, 2002) to take action on the request
O n beha lf o f its member jurisdictions, including Englewood, the Greater Metro Telecommunications
Conso rt ium (G MTC) has reviewed the merger agreement and the ability of Comast to comply with the
tec hn ic al, lega l, and financial obligations of local franch ise agreements . BDed on the findinp, the GMTC's
Legal Counsel , Ken Fellman, has devel oped a model resolution approving the transfer of control.
Englewood 's proposed res olution is based on the GMTC's model, and stipulates several c o nditions,
including:
• •
compliance with all existing franchise obligations;
compliance with the Customer Service Standards adopted by all GMTC communities;
• maintenance of necessary staffing levels to meet those standards, and compliance with all federal
regulations regarding technical standards of cable systems;
compliance with all applicable laws regarding rates for cable services.
The model resolution has been approved by AT&T Broadband. The resolution will take effect upon the
closing of the Merger agreement, and is conditioned upon approval by the respective shareholders and all
required federal govemment agencies.
FINANCIAL IMPACT
There is no direct financial Impact as a result of this resolution.
UST OF AnACHMENTS
Proposed Resolution
11180LU'nON NO._
SERIES OF 2002
A UIOLUTION OP '11m Cll'l'f COlJlfCIL OI' TfB CR'!' OI' SNUUnlOOD, f
COLO.RADO, CON~BNTING TO THE TRANSFER OF CONTROL OF THE CITY'S CABLE
ftLSVISION SYl'l'SM !'BAlfCID8& TO OAT OOMQMT OOlltl'• I
WHEREAS, on April 7, 1980, the City of Englewood, Colorado ("City") granted to
Mountain State, Video ("Francbieeej, a franchiee to own and operate a cable televiaion
eyetem in the City of Enclewood u Ht forth by the .,-p of Ordinance No. 4, Seriel of
1980; and
WHEREAS, the Franchieee ii a 1ubeidiary of and controlled by AT&T Corp., a New York
corporation ("AT&T'); and
WHEREAS, Section 23 of the Franchile requiree the City', CODNllt to any tranefar of
ownership or contr, thereof; and
WHEREAS, A'1 .. T and Comcaet Corporation, a Penneylvania corporation ("Comcut"),
together with AT•T Broadband Corp. and certain of their reepec:tive afflliatee have entered
into an Agreemen and Plan of Merpr and AT&T and AT&T Broadband Corp. have entered
into a Separation and Diltribution Agreement, both dated 0-mber 19, 2001 ("Merpr
Agreement"), to create a new company to be known u AT&T Comcaet Corporation ("AT&T
Comcut"); and
WHEREAS, thil merpr will effect a cbanp of control of AT&T and Francbilee punuant
to the Franchiee; and
WHEREAS, punuant to Section 23 of the Fruchile, and 47 U.S.C. Sec. 537, u
amended, AT&T and Comcaet have reqlMlted that the City approve of the tranafer of
control of the FranchiNe from AT&T to AT&T Comcaet; and
WHEREAS, the City bu inve1tigated both the etatua of the Franchile, the Franchieee'1
compliance therewith and the technical, lepl and financial ability of AT&T Comc:ut to
control the FrancbiNe'a compliance with the Franchile; and
WHEREAS, through the Greater Metro Telecommunicatione Coneortium ("GMTCj, the
City ha, negotiated this form of reeolution to approve the tranefer of control in a manner
consistent with the approvala being granted by moet GM'.I'C jllrilclictione; and
WHEREAS, baeed upon the City', inve,tigation and repreaentatione mada to the City by
AT&T and Comcut, upon which the City ii relying, the City ii prepared to approve the
transfer of control of the Franchiaee from AT&T to AT&T Comcaet, punuant to the
conditions deacribed herein;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OP THE CITY OF
ENGLEWOOD, COLORADO, THAT :
Section. 1. The City Council of the City of Enaiewood, Colorado hereby coneente to and
approves the transfer of control of the Franchile from AT&T to AT&T Comcaet.
Section 2. The City of Englewood confirms that the former Franchiae wu in full force and
effect when the request for the transfer of control wu received and a new Franchiae hu
been approved, which became effective June 10, 2002.
$ection 3, Thia Reeolution approving tha transfer of control ia hued in part upon the
following repreaentationa and acknowledgments made by Franchiaee, AT&T and ATl:T 0
Comcaet to the City, all of which are conaidered mat.erial and haw been relied upon by the
City of Englewood: . t
A. That the Merger Agreement and all of the attachments to that document, .
provided to the City of Englewood with FCC Form 31M (ucept Cor thoee
mat.eriala which haw been redacted pursuant to law and are identified by
title or topic in the Merger Agreement and ita attachments) comtitutea the
entire agreement regarding the merger between ATl:T, ATl:T Broadband ..
and Comcaet;
B. That all c:uat.omer aervice atandarda adopted by the City remain in full force
and effect and Franchiaee will maintain ataffing lewla neceuary to meet
thoee atandarda and all federal regulations regarding technical atandarda of
cable ay1t.ema;
C. That Franchiaee remaina obligated to comply with all lawful terma,
conditiona and obligations of the mating franchiaa qreement and any other
existing contractual agreement between the Franchiaee and the City;
D. That ATl:T Comcaat will tab no ac:tiona that will neptiffly impact
Franchiaee'a ability to comply with its obliptiona under the Franchi.N;
E . That no future intra-corporat.e tranafen, merpra, or other chanpa ol
ownerahip or control, atl'eeting ~. will cbanp the obliptiona or
liability of Franchiaee to the City with reapect to any ol the tenu, coaditiona
and obligationa of the Franchiae, unleaa prior approval ia aranted by the City
in writing;
F. That Franchiaee will comply with all applicable lawa reprdinc ratee Cor
cable services within the Franchiee area and all applicable law1 coverin(
issues of croes subsidization; ,
G. That during the t.erm of the Franchiae and any utenaion thereto, Franchiaee
will continue to pay franchiae fees on grou nwoun poerated by aale of
cable service•, reprdleae of how cable aervicee and non-cable aervicea may be
bundled together and eold to 1ubecribera. Franchiaee aball not tab any
action to evade or avoid payment of franchiae Ceee bued upon • he reuonable
value of the rewnuea received for cable Nrvicee from i, ying aubacribera. Tbe
City and Franchiaee continue to naene all righta, claima, -,._ and
remediea regardiq the City'• authority to impoN and/or enforce
requinmants related to the revenue allocation -thocloJo&r to be .ad wban
cable aervicea and non-cable aervices are bundled totether for the purpwe ol • calculating franchiae r.... • -J
H . That in the event or any failun to comply with the t.erma, ccmditiona,
repreeentationl and/or acknowleclamente contained in thia Reeolutioo, or any
material miarepreeentationl concernins the ume, the City may entorc. any
damapa or penalty proviaiom punuant to the l"nncbiae and. aerciN any
other remedy availai>le to it by law.
8m;tjgp ,. By pwap of thia Reeolution, the City makN no reprnenta!iom CODCerDinc
whether any violationa or non-aapliance ila-. eziat with reepect to the Francbiae.
Nothinf in thia Relolution aball be oonat.ruecl by the FrancbiNe, ATllr, ar ATl/r Comcut
u preclu.:.i..q the City from •cldrNainJ any prior acta of DOIICOlilpliance by PnncbiNe,
punuant to the tenu of the Francbiae.
SectiOD 5. Thia RNolution aball tab effec:t upon tbe c:loeins of the Merpr Asnemmt.
SectiAD 8. Thia Reeolution ia conditioned upon approval of the tnnuction between
AT&T, Comcut and. AT&T Comcut, by their reepective ebanbolden and all required
federal iiovernment apncin, in aubetantially the aame form u the tnnaaction dncribed in
the Mvpr Apeem.ent and related doc:umenta deli'ftred to tbe City with AT&Te and
Comcut'e Form 394 fllins and. in documente deli'ftred in relpODN to the City'e nq-ia for
1upplemental information. Should the traDllactioD u approved by the ebareholun and
federal iiovernmant apnciN differ in any material reepect from that repreeented in tbe
documente deecribed herein, thia Reeolution ehall be voidable, at the eole option of the City.
SectiOD 7. Within thirty (30) daye followiq the adoption ofthia Reeolutioo, Fnacbiaee
end AT&T Comcut aball pw writtlen nomt to tbe City that it 1lDCllliditioaalJ;y •..-with
and ehall be bound by all t.erma cmtained in thia Beaolutian.
SectiOD 8. Within thirty (30) daya faUowins tbe c:loeins al the Mnpr Apwneat,
FranchiNe ehall tile with the City a writ111n reprwnt.ation that tbe ahoft oanditiana haft
been met.
ADOPTED AND APPROVED thia 17th al JWl8 2002.
ATTEST: Beveiv J. Bradabaw, Mayor
Loucriehia A. Ellia, City Clerk
l , Loucriabia A. Ellia, City Clerk far tbe City al lapwood, Colando, lmeby cmafy lbl
a bove ia a true copy or Reeolution No.__. SeriN al I002.
At the ETAC meeting last month we were presented a petition signed by the
majority of residents on Galapago Street between Eastman Avenue and
Floyd Avenue requesting pennit parldng. As a result, our Traffic
Engineering Division will be putting up the pennit parking signs on this
street tomorrow. We wanted the signs to be installed before the next
Rockies Business Day Game, and we will have them up prior to the
Yankees-Rockies game on Thursday. This is another example of
interdepartment cooperation, Chris's Code Enforcement Group will be
distributing the flyer you see before you and the Finance Department will be
administering the permits.
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P L ,\ Y C RO l 1 N D S:,.
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CORRECTION
THE PRECEDING DOCUMENT OR BLANK FRAME HAS BEEN
REMICROFILMED TO ASSURE LEGIBILITY AND
ITS /MA GE APPEARS IMMEDIATELY HEREAFTER.
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D . .
T( p 1 () P l. \ Y C R O l . , 1) s·
1.
2.
3.
Call to order.
AGENDA FOR THE
REGULAR MEmNG OF
THE ENGLEWOOD CllY COUNCIL
MONDAY, JUNE 17, 2002
7:30 P.M.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
Q:$1)~
lnvocation.n~
Pledge of Allegiance. ~
4. RollCall. Ft~
5. Minutes.
fJ/JI;./ ~-(),./. Minutes from the Regular City Council Meeting of June 3, 2002111'~ ,6.IJ~~
tNR-AtAJ!~) -,-~
6. Scheduled vrsiors. (Please limit your presentation to ten minutes.) ·
a. Doug Cohn and Bob Laughlin from NOid Town Enstewooct• will be ~t to
th;mk City Council for the City of Englewood's support of the June a• Sidewalk
Sale and related events.
7. Unscheduled Visitors. (Please limit your presentation to five minutes.)
~ 11al. ndl;kJ;t~otm;_ti;.5e_ and Appointments. ~,f51 a. A ........ om Cinda Losee,indJ~tl~_B her resi&Ntion from the Keep Engle'Wood ~ (/ Beautiful Commission.(}~
b. A letter4rom Jugy ;'j'::}~"')1/ng her resi&Ntion from the Urban Renew~
Authority. /), M/V ,~
Please note: If you have a lllablllyMII ..... ...., ................ QrelaT11f•-• .. •
(303-762-2405)at ....................................... ,...
• t
Englewood Caty Council Agenda
June 17, 2002
hge2
c. A memotlndun11from Bill Mccahill, Chair of Keep Englewood Beautiful, requesting
consideration of Christoe,.h.er1Hj~Sfn;s resignation from ,he Keep Englewood
Beautiful Commission . //~
d . A ~ ~daring the ~~ of June 2} · 29, 2002 as Code Enforcement
~,')-(} oibApp=;ationWeek~ . ¥ ~
9. Puffring (NoneScheduled) ~1?4:.~ ~
10. Consent Agenda .
A:l!Jval of Ordinances on First Reading.
Approval of Ordinances on Second Reading.
i. Council Bill No. 27, adding a new Chapter 16, Garage Sales, to Tide 15 of
the Englewood Municipal Code.
ii. Council Bill No. 28, amending 4-4-4-3 (Exemptions to Sales Tax License) of
the Englewood Municipal Code to coincide with the new provisions in Tide
15, Chapter 16, pertaining to Garage Sales.
c. Resolutions and Motions.
11 . Regular Agenda .
a. Approval of Ordinances on First Reading.
i. Councl • No. 29 Recommendation from the Department of Safety 7,~
Services to adopt a bill for an ordinance amending Tid& 1 5-9-1 of the
, Englewood Municipal Code pertaining to Hobby Vehp· I Permits. STAFF
SOURCE: Chris Olson, Director of Safety Services. •
_\lllt. T\ IUIIAAr
pprovagrdinances on Second Reading. J1
Resolutions and Motions. ~ .ik.J 11/J/vv
Recommendation from the City Attorney's Office to adopt a resolution
consenting to the Transfer of Control of the City's Cable Television Sysaem
STAFF SOURCE: 0. lh:bi -. Clly
Pleue note: If you have a diubilty wl .-d....., aids or...._,..._..., .. a.,.,, I •••
(303-762-2405) at leut 411 houn in advuce .,..._ ..._ ........ ._.,_
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• •
Englewood City Council Agenda
June 17, 2002
Pagel
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
13. City Manager's Report .
14. City Attorney's Report
Adjournment
The following minutes were transmitted to City Council between May 31 and June 13, 2002:
Englewood Cultural Arts Commission meeting of May 1, 2002
• Englewood Liquor Licensing Authority meeting of May 1, 2002
Englewood Planning and Zoning Commission meetings of May 7 and 21, 2002
Englewood Parks and Recreation Commission meeting of May 9, 2002
• Englewood Code Enforcement Advisory Committee meeting of May 9, 2002
Englewood Liquor Licensing Telephone Poll of May 15, 2002
Please note: If you have a lllalallly _, IINd....., _.•---. .......... a,.,-, 11•
(303-762-2405)al ....................................... ...
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