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HomeMy WebLinkAbout1998-01-19 (Regular) Meeting Agenda• . . -•. • • • •, • • .. 0 • REGULAR CITY COUNCIL MEETING • JANUARY 19, 1998 ORDINANCE ·~ 14, 15, 16, 17, 18, 19, 20, 21 .. -RESOLUTION f ~4, 5, 6, 7, 8, 9, 10, 11, 12, 13 • • • 0 • • - • • • • • '· ,. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rqular Seaioa JaHary 19, 1991 I . Call to Order The regular meeting al the Englewood City Council was called 10 order by Mayor Bums al 7:41 p.m. 2. The inwc:ation was given by Council Member Nabholz . 3. Pledge of Alleliaace The Pledge of Allegiance was led by Mayor Bums . 4. Roll Call Prcscnl: Abscnl: A quorum was prcscnl . Also prcscnl: Council Members Nabhol7, Clapp. Garrell. Bradshaw. Habcnichl, Waggoner. Bums None City Manager Scars Cily AUonicy Bro1,.man Ci1y Clerk Ellis Slaff Liaison Langon . Clean. Green and Proud Commission Director Olson. Safety Services Director Simpson. Neighborhood and Business Dcvelopmen1 Director Esterly, Public Worb (a) COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY !I, 19'1. Ayes : Council Members Nabholz. Garrett , Bradshaw . Habenicht. Waggoner . Clapp. Bums Nays : None Motion carried . 6 . Scllleduled Viliton (a) Jerry Nery , Sou1hwcst Program Manager for RTD. updated Council on when: we arc with the Southwest Corridor, from 1he perspective of RTD . He said he feels there has been a lot or progress and thal people arc seeing a lot of construction under way . He said Susan Alles. Community Development Administrator for RTD. would be handing out the most recent fact sheet on the Southwest Corridor. He said there was one out previousl y that just gave some of lhc facts behind some of the planning efforts . We finali7.cd our design in 1'>'>7. he said. and started rcloca1i11g u1ili1ics . and 110" we arc ----~ ------~ ,,, -. , ·- .. • • 0 l - - • • Englewood City Council January 19, 1998 Pagel • • • under full construction. moving dirt on lhe Sou1hwest Corridor. He pointed oul 1he graphic on the back side oflhe handout. showing an 8 .7 mile corridor. which is divided into four segments. 11le first segment is from Mineral 10 Belleview, he said. ROI including lhe Belleview structure. Thal contractor is Lawrence Construction and they have started construction. he advised. The next segment is from Belleview up lo. bul ROI including. Oxford. and 1ha1 conlract has been awarded lo Kramer and Sons. he said. and they have started construction. 11le segment from Oxford up lo and including Dartmouth has also been awarded lo Kramer and Sons. Construction has also been started there, he added. Mr. Nery said the last segment is from Oxford north up 10 the Broadway and 1he 1-25 Park and Ride station. which has been awarded 10 PCL Construction. and 1hey have also started construction. Ms. Alles has been working closely with Cinderella Cily redevclop1nen1 and working wilh the Cily staJJ people. he said. We want 10 stay focused with our people on the design and construction as the Cily stays focused on Cinderella City. he said, so that Cinderella Cily and the Southwest Corridor become a major national model development of a transit corridor. If there are questions 1ha1 come up on lhc corridor. he advised. Ms. Alles has been our lead person who has been working with the development and with lhe businesses. neighborhoods and several of the members of Council . We want 10 be sure wc have lhis rela1ionship going through this whole corridor. Our schedule indicales 1ha1 we slill arc i111cnding lo have lhis open for revenue scn•ice by mid- year 2000 . We have Park and Rides al 1hc Evans s1a1ion and 1he Hampden station. which is lhe Cinderella Cily redevelopment. he said. We have a stalion al Oxford. !hough wc don ·1 have anlicipaled parking at this lime. but wc do have 1ha1 planned for the year 2015 . Also. wc have expansions of the Mineral Park and Ride, which is expected 10 be open by mid-year 2000. he said . Mayor Bums recalled lhal he spoke will1 Mr. Nery a couple of weeks ago down in Liuleton and he had mentioned that they were going 10 do conslruction . He said ii seems 1hey arc now widening lhe track bed. especially right next lo Santa Fe between Oxford and Hampden. You talked about doing work on the bridges, he said. and recalled his mentioning they mighl work on all four of them at once. Mayor Bums uked iftlial is concct. Mr. Nery responded 1ha1 the a>nUadors liave set schedules that coincide wilh certain mile stones 1ha1 they ha,·c lo meet 10 help lhc railroad rclocalc lheir frcighl lines. From aboul Tufts nortll. wc are on 1he cast side of 1he fn:ighl !racks. and then we shift over 10 the west side of the lnleks, he said. To make llial happen. we have 10 have certain Slructurcs a\'31lablc for the railroad so Ilic) can move their lines over. We have worked 101lh our a>nlractors. he continued. lo minimi1..c anything that would negatively impacl a ny of the lraffic lhroug h lhc map roadways that cross through 1he Cily . In Denver. wc even liavc Iowa 1ha1 is. nglll -'· oiic wa) Al Miner.al. IIIIC) have kepi all Ilic lanes open. bul they are working·•iill11hc City traffic pc,oi* 10 make sure Ille) meet their nc:cds . Mr. Nery assured Council that he also inlcnds 10 work '"i lh tlic C U) u a ffi c people he n:. 10 make sure thal we don ·1 have any one roadway closed or rcSlricted tbal would nega11, cl) 1111pac1 the C it) Mayor Bums asked if the fly-over in Englewood will be done in 1999 Mr. Nery responded that the fly- over at Tufts is 011 our crilical path and will be done. probabl). mid-1999. We arc looking to finali7.C all the bridges so that wc can move the tracks over for the freight. he said . Then. wc will build all of our light rail tracks and have those ready by early 2000. a fter which our testing continues for s ix lllOlllhs. he advised. before we go i1110 opcraling service . Mayor Burns said he niel a couple of weeks ago with Link:lon officials and Senator Allard 10 express our concern thal we continue 10 f111id lhis projccl through Congress. Mr. Nery confinncd that 1hcy received $23 .5 million. and s.1id he 1hi11ks 1hcy arc looking al aboul $(,() million tlie 1iext fiscal year. He said ii was $2 .8 million in 19%, $23.S million in 1997 and then$(,() million with the next segment of cost appropriations. Mayor Bums staled lhat Ci1 y Ma nager Scars :uid Lillleton officials 1ne1 oo Frida) with an aide for Senator Campbell on the Senate Appropriations Commiucc. We want 10 keep in touch with those folks, he said, as wc go along. They cliange aides from 1i111c 10 time, lie said. and they need 10 be brought up 10 speed as 10 where we arc with this projccl. a nd 1hc foct is 1lia1 tlie local officials arc extremely interested in pressing for the funding. so 111:11 the schedule is niaintained on lhis. .... •· • 0 r 2 X - • Englewood City Council January 19, 1998 Pagel '· • • t• • Mr. Nery said we have a full funding gr.ml agrccmenl for lhc whole $177 million and we have lo go back each year for money . The lobbying by lhc cilies and the fedeml 10 lhe congressional and people al thal level has always helped us get those fundings and, hopefully. wilh our lobbyists. that will conlinue. We don 'I see any problems wilh gelling the funding 10 complele this job by mid-year 2000. he advised. Council Member Habenichl asked Mr. Nery if he is famili a r wilh our change of direction towards a transil oriented development al Cinderella City. Mr. Nery said lhal Community Developmenl Administrator Susan Alles has been working closely wilh lhal group and she updates our depanmenl head on that. He said he is aware there have been various changes, bul he is sure Ms. Altes knows where we are heading. Ms. Habenicht said she just wants 10 be sure they are working closely with our staff and that we are able 10 coordinate. Mr. Nery said they have a good relationship with the City engineering staff, the business development staff and the utilities group. He opined that they have all been in tune with what the projcc.1 is all about since the early planning stages through lo construction. He said he hopes we are not missing a beat on any ofthal and we have a daily working relationship on which way we are proceeding. Mayor Burns said he thinks we have had. initially, a posi1ive response 10 al least consider a possible stop on the line at the Gener.ii Iron facility , although we are just beginning lo expose the public 10 some planning in that area. Mr. Nery acknowledged lhal ii is high on 1he Cily"s list for possible redevelopmenl . adding that they are always open 10 see what would happen once lhey gel this whole corridor built He said RTD's planning staff. along with the land staff. ha s been involved with the availability ofthal land and its future uses. He opined thal ii looks posilivc. Council Member Nabholz asked Mr. Nery if he finds thal our depanmenls work well in notify ing each oeher in regards 10 meetings and thal we are all on the sa1nc page. Mr. Nery said yes . there are a IOI of meetings and oeher things going on at the same time between the contractors. consultants and City staff. We have been able to form a strong relationship. he said. with the Planning. Utilities and Engineering staff. he said, so that we all have one goal in common. which is to BCf this corridor up and running by the year 2000. We liCIC Cinderella City as a major pan in that whole redevelopment. he said . Cciacil Member Habenicht said 5hc would like 10 hear him say one more time 1ha1 he would like 10 see ii be a model for die lllllioll. Mr. Nery said it~ always been talked about , not only in our communications with the surruu--. cities. bar evc.11 at a national IC\'CI . The Federal Transit Administration has also looked Ill Ibis. and they are the ones who are our major fwlding panner in lhis. and they are always asking llbolll die ffllcvelopmcnt of Cinderella Cily. saying this is a prime opponunity 10 make 1ransi1 a main focus cl Ibis development When they hear ii is going smooehly and aa:ording to schedule. he added. they are really clatcd about the whole thing. Mayor Bums comtncnted that. when lhey sponsored a lransit orienlcd dC\'Clopment conference here a couple months ago. lhe Cinderella City project was very promincnl in lhe morning session. and so we really did obtain a lot of nalional C)(posure . Mr. Nery added lhal Ms. Alles was very instrumenlal in pulling lhal conference logcther. II was with her help that we focused on al least Englewood. bul then: wen: a IOI of othe r cities nationwide. We are hoping we can be ahead of them in lhis whole thing. he said. Mr. Nery said he lhmks we wanl to be able to come back periodically so they can hear straighl from RTD whe n: we an:. He said he is sure the City staff is keeping them well abreast of whal is going on. but sometirncs it is good lo hear it from RTD. Mr. Nery aid they feel they have a strong panncr in the Cily of Englewood aad e,q,reaed apprecialion for all the f'undlag suppon that they have gone lo Washington 10 help \\i th. He feels that panncrship sbould OOlllinuc al least until the year 2000. '' ' ... • • 0 , ]- ]- Englewood City Council January 19, 19911 Page4 <. • • • Mayor Burns said we are very exciled aboul ii, adding lhal we have people in lhis audience who lcstified al RTD Board meetings aboul lhis as the project has come along. He said we have a lot of community support and it is very exciting to sec it developing. Council Member Clapp thanked Mr. Nery for his hard work and cooperation, and asked that he pass that on to the Board. {b) Jody Swanson. 4096 South Cherokee Street, told Council that she owns her home, located on the northeast comer of Oxford and Cherokee. She advised that. last November, she hired a contractor to build a simple landscaping wall surrounding the property to replace a badly deteriorating one that was already there. She asked the contractor to build the wall right up to the sidewalk, basically for maintenance and appea,anoe reasons . The contractor began wort, she said, but the work was halted for various reasons, including lack of an encroachment agreement. She said she was unaware that the City owns that twelve inches back from the sidewalk. particularly since a lot of her neighbors have walls built right up to the sidewalk and they did not get cncroachmcnt agrccmcnts. Ms. Swanson said she has photographs of the walls. if necessary . She said she believes she was cited because they arc in a highly visible location. She said she docs want to build the wall and she wants to do it righl. She said she is here this evening to request approval for c:ncroachment on lhe Odord and Cherokee sides of her property. The wall had been Slarted already on the Cherokee side. she advised . so it is up 10 1he sidewalk . To move lhc wall, at this point. would cost in C.'ICCSS of SSOO. she said. Since ii has already been quite costly. Ms . Swanson said she would like to avoid any addilional costs. as well as any additional damage 10 her property. because. if she has to move lhc wall back. a lot of juniper bushes will have to be sacrificed. She said she undcrslands that if lhe Cily decides 10 widen Oxford or Cherokee a1 any point she may have 10 move the wall back. Mayor Burns asked if this matter has been in the Municipal Coull. City Attorney Brotzman confirmed that it bas. adding chat Council should have rca:ived a letter from one of the prosecutors in the Municipal Qiun oo it. Mr. Brotzman said this will be handled by Slaff' froa11 this point forward. and they will come back to Council on the CIICIOIICluncnt . Council Member Bradshaw asked what time frame we arc looki11g at . Cily Attorney Brotzman responded thal, if she will Clllllacl Slaff. he ca11 hive it back 10 Council by the nexl Council meeting. Ma)'OI' Burns asked Ms . Swanson if she understood whal lhcy were saying. thal if she will contact Slaff', they can have it back by lhe next Council meeting. Ms. Swanson asked who she should contact. Mr . Brotzman said Bob Simpson or one of his Slaff' can help her. There were no non-scheduled visitors. There were no communica1ions. proclama1ions. or appoin1men1s . 9 . l'llblic Heari111t (a) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SICONDID, TO OPEN THE PUBLIC HEARING TO GATHER CITll..EN INPUT ON THI CORNtRSTONt PAllK PLANNED UNIT DEVELOPMENT AMENDMENT. Ayes : Council Members Nabholz, Ciamll. Bradshaw. Habenicht. . ,. ., • • 0 • • )- Englewood City Council January 19, 19911 Page5 ·, (, • • • Waggoner, Clapp. Bums Nays : None Motion carried and the public hearing opened. All testimony was given under oath. Jeff Ingrum, who resides in Colorado Springs. told Council he is the owner of the Skate City roller skating rinks in the State of Colorado. He said he would like to discuss the proposed roller hockey facilities at Cornerstone Park. On September I. 1997. he and his wife added their sixth rink to their business line. he said, by purchasing the Skate City in Littleton at 5801 South l.:owell Way . For fifteen years. he advised. they have conducted hockey programs at all of their other facilities and have expanded the program at this facility . He said he wants to explain 10 Council what they do and how they do it and how this will affect them. He explained that he is the Nonh Central Conference Regional Coordinator for roller hockey for the Olympic group, the OTC. He said he is in charge of roller hockey in this ten state area as far as the OTC is considered. We have developed a real significant program. he said. with the largest traveling team program in the country. When we purchased the rink in September, he continued. our interests were to definitely expand that program and we moved a young man and his family, from our Pueblo rink. up hen: to be our panner to do that . Tiie4SSUC lierc isn't really about Englewood. but South Suburban operating the facility . Technically, lie advised, tlierc is legislation in the State that says special recreational districts can not operate. build or finance facilities that arc in direct competition with private business. Mr. Ingrum said lie was aware of this legislation. which was passed in 1989. and it had a direct effect on whetlier he wanted to purchase this rink and expand these hockey programs. He said he wanted to bring it to Council's attention because it is a real com:cm to him . We had our first league in the fall and had 220 players. he advised. and we have expanded it lo add adults and women 's leagues . If it gets to the same level as our otlier locations. lie commented. we will have about 500 players per season . We buy all the equipment. he said. supply it for all tlie players. and we give tliem their jerseys for the fees . We have even stancd our own hockey association with a full time employee who goes around and takes pictures of the kids , and writes letters and anicles about them. Mr. Ingrum stated tliat they process their own insurance cards and have purchased their own insurance program. We have done this, he said. with a lot of effon and consideration. and as professionally as possible. so much so that we have people from all over the counuy come out to look at our program. As far as we an: concerned. he assencd. it is against State legislation for South Suburban to operate roller hockey rinks there. because that skating rink is in South Suburban's ~' district . Mr. lngru• left some literature to show the kind of program they offer the City of Englewood and Littleton. which he repeated is very professionall y done and well organized . The response at this rink so far has been overwhelming. he said. adding that they are ha ving a tournament then: this week and at all four of the locations in the city . Mayor Bums asked if Mr. Ingrum thinks this location is not in the City of Englewood. Mr. Ingrum responded that his Littleton location is not in the City. but it is in South Suburban 's district. That is really the issue, he said. The City of Englewood can do what it wants to do. he said. but the operation of the facility by South Suburban is not supposed to happen. Responding to Council Member Bradshaw, Mr. Ingrum said anything that is privately built is free enterprise and is not any different than what he is doing. But special recreational districts can not do that . he said. Mr. Ingrum told Council tlicy should have received a fax or a letter from an attorney, which has a copy of the legislation on it. Members of Council said they had not n:cci\'ed it yet . Mr. Ingrum said they will be receiving it . He said it explains it and. in bold print. ii has the issues that arc directl y affected. with roller skating listed specifically. City Attorney Brotz man advised that. when we went through this the first time with South Suburban. there was an issue on putt-putt golf and what hoops they had to jump through. In that very same section . , .. •· • 0 , I • • Enpcwood City Council January 19, 1998 Pace6 • • • t• or the State Statute, he said. are roller skating rinks as well as pull-pull golf courses. so we are talking about the same section 1ha1 we talked about before . Mr. Ingrum repeated that the conflict docs not come from Englewood building ii, but rather from South Suburban operating ii . Cooncil Member Bradshaw asked if the diSlrict is aware or this. Mr. Ingrum said the diSlrict bas been sent this information also. so. if Ibey arc not. they will be. Mayor Bums said ii should be looked al quickly. because there is a meeting scheduled for Thursday with members or their board on issues such as payment in lieu or taxes and rec Slructurc. Mr. Ingrum said be reels Council can understand his concern. as taxpayers. Anyone who would own a business would be reluctant to pay laxes and have those laxes. in tum. run compc1i1ion with their own operation. Thal is what this law was intended lo Slop. he said. or lo al least Uy lo make fair . Tbcrc were no rwthcr questions and no one else present 10 speak 10 the issue . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO CONTINUE THE PUBLIC HEARING TO GATHER CITIZEN INPUT ON THE CORNERSTONE PARK PLANNED UNIT DEVELOPMENT AMENDMENT TO TUESDAY, FEBRUARY 17, 1998. Ayes: Council Members Nabholz. Garren, Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays: None Motion carried and the public hearing will be continued. (b) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER CITIZEN INPUT ON AN AMENDMENT TO THE MUNICIPAL CODE RELATIVE TO TRASH COLLECTION. Ayes: Council Members Nabholz. Garrett. Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays; None Motion carried -4ahe public hearing opeacd . All testimony was given under oath . Clean, Green and Proud Commission Staff Liaison Langon. told Council that the mailer before them tonight is an ordinance amending Tille 15. Chapter 2 or the Englewood Municipal Code entitled Trash. Junk and Salvage. The amendment is 10 require mandatory subscription lo trash collection service in the City. The ordinance was introduced and passed on first reading. she advised. on December IS . 1997, and notice of tonight 's public hearing was published on December 19. 1997 in the Englewood Herald. She submitted Proof or Publication ror the record . She also submincd. for Ilic record. two letters in opposition to the proposed ordinance amend.lnent. A copy ortlic fir.ii leuer. she said. was included in the Council packcl . The second letter was nx:cived today from Doris Baker and distributed 10 Council al their Study Session this evening. she s.1id . Ms. Baker spoke al a previous 111Ccti11g . Additionall). Ms. Langon submitted. for the record. au e-mail from Sue Bradshaw. of the City Manager's Office. rcp,ding a phone call she look today from a Denver resident concerned with trash dumping I>)• Englewood residents in Denver. Ms. Langon advised 1ha1 Neighborhood and Business Development staff involvement in this issue and the proposed ordinance has been limited 10 clerical and suppon work . She said she would gi,'C a bricfblckground of why and how they arc lien: 1011igh1 . and then tum the presentation O\'Cf 10 Don Roth , chair of the Clean. Gn:icn and Proud Commission 's Municipal Solid Waste Subcommiltcc. She advilcd • ----- " - •· • 0 - • • Englewood City Council January 19, 1998 Page7 • • • that concerns with municipal solid wa ste issues go back to 199 1. and probably even funher. when mandatory curbside trash collection was first considered . At Council 's direction. she said. the Clean. Green and Proud Commission held a public hearing in 1992 , a nd. at that hearing. residents strongly opposed the curbside collection component of that proposed ordinance. No fun her action on the trash issue occurred until 199S . when Council Bill 15 was introduced requiring mandatory trash collection and that licensed haulers provide recycling services to residents. That bill also did not proceed. she said. Council again requested Clean. Green and Proud to study the municipal solid waste issue and suggest alternatives. The Commission's current work includes discussions with trash hauler's, analysis ortrash collection practices in surrounding municipalities, review of the current ordinance and a random survey of residents regarding trash collection, she stated. The Commission found that. because the current ordinance docs not require subscription to trash hauling service, it contributes to an accumulation of trash and the illegal dumping of residential trash in commercial dumpsters. Ms. Langon said that, to address these two concerns. the Commission recommends that the City require mandatory residential subscription to trash collection service by a licensed hauler. She said she wanted to say up front that the proposed ordinance does not require curbside collection. Collection would remain in the alleys . Also. she said. the proposed ordinance does not propose hauling by a single company. but rather. residents would continue to have a choice of haulers. so the open. competitive market would remain as it is today. The Clean. Green and Proud Commission feels that the ordinance. by declaring an accumulation of tmsh 10 be a nuisance . and requiring mandatory trash collection subscription. would provide a panncrship tool with Code Enforcement to help reduce liner. reduce trash accumulation. and reduce illegal dumping in commercial dumpsters. she said . She advised that the drafting of the amendments to this ordina nce have been the work of the Englewood Clean. Green and Proud Commission . She then turned the prcsc111a1ion over 10 Mr. Roth . Don Roth. 2830 South Shennan Street. stated that he is 1he Vice Chair of the Clean. Green and Proud Commission. and has been Chainnan of the Municipal Solid Waste Subcommiucc for a linle over a year. He told Council that they began looking at this issue anew in November of 19%. There were six Englewood residents on the commillec initially. he said. working with fonner Council Member Al Vonnittag. Initially. we were looking more in the direction of a conuact wiU1 a single hauler. he advised. and spent a IOI of hours interviewing trash haulers and looking at all of the pros and cons of the issue. Ultimately, he said. they came to the conclusion that we really needed more public input to get a better handle on whcthen,-c really had something IO work towards and if our goals were realistic . In April. 1997. we worlletNoFther with the haulers. who financed our dmc to send out the public questionnaires. The Clean, Green and Proud members distributed the questionnaires on a door-t<Hloor basis. he said . We printed 4 ,500, of which 4 .000 were distributed door-t<Hioor. and the remaining SOO we placed in City Hall. the Library and at the Malley Center. he said. for anyone who did not get one delivered to their door. Obviously, 4 .000 did not cover all of the houses in Englewood, he allowed. but a representative group was covered. We divided the City up into the four election districts. he said. and subdivided those into subdistricts. and we then distributed 500 in eac h of those subdistricts. to get our 4.000. Of the 4 .000 cards. 1,200 were returned by the deadline that had been set . and those were used as the results. he said. although there have actually been some trickling in as late a s last month . Tiic results showed that 66% of the respondents were in favor of the concept or mandatory trash pickup. Based on that. and the fact that the Code Enforcement seems to be of major concern in the last year or two. lie said. we decided to move forward with that . rather than keep it tied lo the contract hauling issue. because that is something that will take quite a bit of elTon . TI1ere were a lot of questions returned on the questionnaire about Ilic legality or having a single hauler. and whet lier that wa s a monopoly. lie said. so llicrc is obviously some education involved in that . and llicre arc a number oftlungs that lt1ve to be do11C 10 1ncc1 State regulations in order for the City to put that oul for a .con1rac1 bid Mr. Roth said 1ha1. based on Ilic idea tha1 "e had a rathe r large majority , a nd the issue seemed to be a hot topic. we decided to move forward with it at this time. We reali1.cd right away that there was going to be some opposition. there arc people who are handling their trash now. legall y. without paying for the trash se rvice . Hol'C\"er. "e fell that. 1f we made any real -----------&.--• • .. ., • • 0 , __ Englewood City Council January 19, 1998 Page8 • • • exceptions directly. that some of the problem people would fall into that category and be able to escape the issue . For instance. he said. if we created an exemption for senior citizens. there are some code enforcement problems that probably are senior citi7.cns . We approached this from the code enforcement aspect. he said. adding the he and one of the ocher subcommittee 1ncmbers are sitting on the Code Enforcement Advisory Committee. We have suppon from that direction also. he said. This is really a tool for Code Enforcement. When they see an accumulation of trash. they don't need to wait seven days to see if that accumulation is still there, he said. but can begin dealing with it on the spoc. notifying the owner or resident that they need trash service. Thal is really where we are coming from. he advised. We will probably hear shonly from those people who are handling ii. he said. The Denver residenl. who was the subject of the e-mail. called him, he said, stating that she lives on the borderline and is tired of having her trash dumpsler filled with Englewood residents' trash . Mr. Roch emphasi7.ed that this proposal came from Englewood residents who serve on this subcommittee. Slaff was exduded from the meetings because they wanted everyone to know this did DOI come from staff. but. rather. from residents and public input.. he explained. and staff merely provided suppon. such as tallying the results and arranging meeting rooms. Council Member Bradshaw reminded Mr. Roch that she had asked him on the phone how we will know if people have trash savice. We arc noc going to be keeping a roster. according 10 this. she said. Mr. Roth said he supposed that is the loophole in it , bat this is for code enforcement purposes. so it allows a Code Enforcement OfflCICI", who sees a collection mtrash. to take immediate action . 11iey don't have to wiut seven days or take a picture and pul a tag on ii and a>nac back a week later to see if it is still there. He can go right then and there and ask if they know they raced trash service. Ms . Bradshaw asked if the commillec found that our currcm ordinances do 1101 address this issue . Mr. Roth said that is comx:t. Tlaey stale that tlaey have 10 ha\'c their trash re1noved in SC\'Cft days and leave it at that, and tlac way it is currently written ii is. for all intents and purposes. 1111C11forceablc. lac advised. It is a major project to enforce that ordinance. By adding this statement to the ordinance, it allows them to take immediate action on it. rather than go through a waiting period . He said. he is. quite frankly. sure they don't do that when it comes to the waiting period. II~ just pretty much ignore it . Ms. Bradshaw asked how this ordinance will prevent people from dumping their trash in other people ·s dumpslers. Mr. Roth responded that the only solution to that issue is probabl)· gomg to be when you have a complete packqc with lhc contract and all. where people arc required to ha,'C tlac service and they arc required to pay rur .ii and there uc no exceptions. lliat is a whole separate issue. he said. with State regulations that have to be met before you can approach it. Going back to the enforcement pan. Ms. Bradshaw asked why we can "t just cliangc tlac wording in tlac origi1ial ordinance. Mr. Roch said that 1s basically what was done. The original said that every occupant or owner of real propcny shall remove or cause removal of all accumulations of trash from such propcny . We added .. and shall subscribe 10 a trash removal service with a licensed trash hauler." lac explained. That is really the only addition we made. and that gives it a little 1norc immediacy from a code cnforcenacnt standpoint. he said. Council Member Habenicht said Council has received a letter and she has also received a couple of phone calls asking about the survey. Slac asked if the s1ar,•ey was reviewed or done scientifically and if it is statistically defensible . Mr. Roch said lac thinks it probably is, allowing tliat they did not do a random . house by house survey. but. rather. a random. block by block survey. All pans of the city were covered . he said . so that we would get attitudes from all areas of tlac city. since sonac areas arc primarily owner occupied and sonac are priniarily renters. We did not distribute to any multi-family dwellings. he said. where they ha\'e oomnacrcial service already. such as apanment houses. With distribution of 4.000. that 1s approximaiely JO% of all tlac residences in Englewood. which makes it much 1norc reliable s&atistically. be opined. If we had only done I c.-;. of the houses. we might have more trouble defending our results . We might have a plus or minus IO% on this. but. he said. willlout doing a whole statistical analysis . he cannoc say for sure. He said lac feel s we are within t\\o or throe percent on this . ..... .,. - .. •· • 0 , ]- - Englewood City Council January 19, 1998 Page9 <. • • • Ms. Habenicht asked if the questionnaire was de\'elopcd by the committee members. Mr. Roth said that is correct. Clarifying, Ms. Habenicht asked if this was not the kind of survey that Gallup would stand up and say we have a plus or minus three percent margin of error. She asked if he had any idea what the margin of error might be on this survey. Mr. Roth said they distributed it to about 30"/o of the citiuns, and when Gallup does their polls they arc doing a one percent oftbe population, maybe. and so they do a lot of statistical analysis to come up with those figures . Based on the fact that they had 25% of the 30"/o who felt it was a hot enough issue. 1.200 cards out of 4 ,000 is in excess of 25%, so ob\liously we hit a nerve, he asscned. We were expecting only about 100 cards back. he said. Ms . Habenicht asked if the people who distributed the surveys would be willing to indicate that they did, indeed. distribute them as Mr. Roth described. Mr. Roth said the subcommittee members di\'idcd them up and he personally delivered about 1.000 of them. Mr. Vonninag deli\'ered about 1.000 of them, and the other three or four members also delivered door to door. Ms. Habenicht asked if each person who delivered decided which house they were going to deli\'er to. Mr. Roth said that is correct. each had 500 cards for a district and they would hit a few blocks and then 1110\'e down and hit a few blocks so that they would try to cover all areas. He said he tried to lca\'e cards. half at older houses and half at newer houses, in each of those areas to try to get a good indication . He repealed that they were quile surprised at the results of the survey. both the answers and the number responding. Usually they send oul surveys that arc less pointed, he said. All the residences rccei,'Cd the City Manager's survey cards and only about 100 came back. while we distributed 4.000 and got back 25'Yo, he said. Mr. Roth said his committee's survey questions were pointed. while the City Manager's were not . and this obviously hit a nerve . Ms. Habenicht asked if the questions were geared tow.ud whether they prefer changing nothing. prefer mandatory or prefer contract hauling. She said these arc the kinds of questions that she is getting and that is why she wants to ha\'C this on tlie record . Mr. Roth said the first question asked if they were in fawr of mandatory trash pickup. although that may not be the actual wording. Mayor Burns said he thinks that is in Council's packet. but recognized that Ms. Habenicht would just like it aired publicly. Reading from the questionnaire, Mr. Roth said the first question asks if all residential propeny owners in Englewood should be required to have weekly trash collection. yes or no. llie second question. lie said. asks if the n:spondent would suppon ha\'ing a single company collect your residential trash. yes or 110, and the third question asks if Ibey would be willing IO attend a public hearing to Slate tlieir opinion. yes or no. In addition. he said. IIICR wen: tlircc lines lcl f<N' a»mncnts, and some of them used the whole side of the card. around the edges. and what 1101. for comments. He reminded Council that they recei\lcd a printout earlier, possibly last summer. which detailed all of the comments. An intem in the office of Neighborhood and Business Development enlercd and tabulated the results. he said. Council Member Garrett asked what the major concern was in tlie comnient section wlien people said there should be mandatory trash pickup. He asked if it wa s that there was trnsh in the alleys. Mr. Roth said that the issues were the liner and trnsh from people who don ·1 ha\le it collected on a regular basis. We also heard from a 11111nber of businesses . he said. who come in in the 1nomi11g and find tlieir durnpster full because everyone across the alley brought their tr.ish over to tlieir dumpster. rallier than ha\ling 10 haul it off. There was also the issue. although there arc11 ·1 many of them. where trash. such as couches and chairs, appears in \lacant lots around the city. Most of it is really a code enforcement issue and that is what we were trying to address. he said. 11,is is a shon tcnn fix 10 a long tenn problem. he allowed, but you ha\'c to stan somewhere. We needed to get something going, he said. because the rest of the package is likely to be years before it is realized. Council Member Habenicht said another question she gets is how this will affect recycling and individual recycling that people want to do. Mr Roth responded that this panicular ordinance has no dl'cct whaboc\lcr on R:C)'Cling . He said there is a nothe r one coming up f<N' the hauler licensing that will address .. .,,, •· • 0 , - Englewood City Council January 19, 1998 Page 10 • • • the recycling issues dircclly. Thal is a Slaff i11i1i a 1cd 1hi11g and 1hi s pan of ii is Cl ean . Gree n and Proud. he said. Ira Weir. 4870 Soulh Cherokee S1rcc1. said he is opposed lo ii. There are so many elderly people who don 'I even have a small sack of trash a week . A 101 of people own businesses and can take theirs down there, why should they have lo pay twice, he asked. There arc so many objections 10 ii. he said. 1ha1 he can 't even name them all, bul. he repealed, he objects 10 having mandatory 1rash. He said he thinks that the City has Code Enforcement and they have been doing tbeir job. and when they come after people, they usually clean it up or have to appear here in court. Stanley Rhodus. 2323 West Harvard Avenue. said he has been a citi7.cn here for about 60 years . He asked if he is to undcrsland that you can have any carrier that you wanl. Council responclcd affirmatively. He asked who was going to collect lhe trash fees if you pul it on lhe "~11er bills. Council Member Bradshaw responded that wc are not talking about I hat at this time. Mr. Rhodus countered that t~· said it was mandatory . so how do you enforce ii . he asked. Ms. Bradshaw said he would sclce1 he own 1rash hauler and it is enforced by complain!. Mr. Rhodns said if the inspcc1or goes out there and says you have to have a tnsh hauling outfit. wbich is right. then how do you really know 1ha1 he has one or will ever gel one. Ms. Bradshaw said she docs not know. M~'Or Bums said Mr. Roch had said there is not a mandatory cnforocmcnt process in place. but it would be essentially enforced by Code Enforcement pursuant to a complaint. House by house enforcement is not included in this ordinance. in ocher words the police are not going to march up and down the suect to make sure everyone has a trash hauling anangcment with a tnsh hauler, he explained. Mr. Rhodus asked if it would not be jUSI as simple to eliminate the enforcers having to wait SC\'Cn days. then you wouldn '1 have to go through all this Ms. Bradshaw said that is ,. another option. and that is why we arc having this public hearing. to hear ideas from the people. Mr. Rhodus said there arc a lot of elderly people who don ·1 ha ve the 1notlC) for 1l11 s We have 1he curb and gutter stuff already, he said. and now you just keep pulling more on and on. Some or these pc,oplc don ·1 have that kind or money. he said. Mayor Bums said that one thing in lhe memo is 1ha11rash haulers generally offer senior l'lllCS . You can pick you own hauler and. if you are a senior. you arc free to engage only someone who will give you a special rale, so that might be or help. Council Mcmbll'tWagoneJ said some of die trash haulers already offer an every ocher week service. or a fewer bags rate. Ms. Bradshaw agreed that they offer a lower rate for fewer bags . Mr . Rhodus said if ii is put on the residents. he doesn ·1 sec how they are going to do it. Ms. Bradshaw said wc will only find out if they have that mandatOI)' trash pickup 1f 1he Code Enforccme111 Officer gets involved. and that would be by complaint only. Mr. Rhodus asked if it will be put on the taxes or anything. Ms . Bradshaw said it will not . Council Member Nabholz asked if he currelllly has a trash service. Mr. Rhodus said he does. Ms . Bradshaw said then it \\'OUld be the same. Ms. Nabholz said the only w.iy this \\111 be enacted is by complaint if it stans piling up. Hope Searles, 287S South Shemian Street. said she has lived al this location for about SO years. She said she has always done everything the City has required abou1 indentation of their waste mailer and all that . Tbere have been about l\\'O neighbors. she said. tliat she has cleaned up after. herself. but she is getting a little old to keep doing that . She said she understands 1he problem and SOfne people will not conform to rules. so try another solution and then enforce ii. faeryonc should be responsible to ha,,: trash pickup each week. but "ithout just one choice. she said. Without competition. the pictup oompuues would not give us good ICIVice . she said. We dclimtcl)' do not wa111 lo be forced to ltlO\'C trash from our present alley . ' •, • • 0 - Enckwood City Council January 19, 1998 Page II '· • • • pickup up to the SlJCCI, she said. llic homes without alleys, that is okay, but lei us use the alleys if we have them. 'The people 1ha1 will not honor this trash removal program should be fined heavily and pul 011 a community project of going out al early hours on the trash trucks to pick up the trash. she asserted. or some other heavy work until Ibey learn 1ha1 l1lOS1 of the cili7..cns of Englewood want the alleys kepi clean and want the City to enforce it. Jeanne McWilliams, 379S South Grant S1rcc1. said she has a licensed carrier and would 1101 change ii because it is the easy way to do things. llic oilier pan of it, however. is 1ha1 ii is just one more thing we don't need, it is one 1nore law that there is already stuff on the books 10 handle. We have code enforcement in place and. if there is a violation out there. they have seven days to clean it up.· Ms. McWilliams said she fails to see how having someone have weekly trash pickup is going to help that maner. She asked if people were required to put their name on the surveys. Mr. Roth responded that ii wasn't n:,quircd, but most of them do have names and addresses. Ms. Me Williams said if it wasn't n:,quircd. then one person could fill 001 a number of cards and skew the results. She said the cards were highly available and she picked some up at the Library for herself and for relatives. Additionally. a loc of the trash that she sees in the alleys. trash pickup would not handle. such as tires and old furniture. She said her neighbor down the street had a toilet in her front yard for a number of weeks, and mandatory uub pickup is not 9Ding to take care of that. She suggested. instead of adding one more layer of bun:aucncy. one lllOf'C law that obviously is not enforceable. that Ilic Code Enforcement Officers need a lialc mon: training. Instead of worrying about short weeds and things like that. they could worry about these people that have so much accumulated trash that it has become a burden to their neighbors. Also. the lady in Denver. thal has people dumping I heir trash . could chock the trash for addresses and then prooccd to go after tlicm legally . She said she had somconc leave a bag of trash in her can and she checked the address so that if it happened more than once Ibey could contact lhe authorities. That is one way to solve that. she said. rather than making everyo11C hire a trash person wlicn lhcy don '1 need it . 'There arc a lot of people who recycle enough. that tlicy don 't ha\'e enough trnsh for a weekly pickup. She repeated that it is not IICCCSS.1f)' at this tinic wlicn you already have laws on tlic books that cover the situation. and when a lot of tlic stulT would not be picked up by the trash collllClors anyway . Raylllond Meinecke. 4S7ll South Huron Street. said lie has had allC) pickup for the 2S years that he has lived there. He said he set the cans back so they would not be sining out in Ilic alley . He said he continues to think tlley should have alley pickup and have their ow111rash haulers if Ibey want to. He said be docsn 't think tky should be forced. as lillglcwood wants to. 10 have one trash hauler in all of Englewood. Mayor Bums said that is not what this proposes. that he can have his own pick up. Mr. Meinecke said he koows that he has said that now, but lie understood that it was supposed to be mandatory for one hauler. Mayor Burns said 110. it is not . Mr. Meinecke said he wants to continue to have alley pickup. Mayor Bums said he can have that . Jcny Stankoit>. 4913 Chenango Circle. said he is in favor of this ordinance. although he docs not feel it is the answer to all the problems in Englewood . We 11Ced to do everything we can to help Code Enforcement deal with those people who cause major problems. He opined thal it is the responsibility of all property owners in Englewood to have their trash properly rcmo\'ed . He said if this will help Code Enforcement deal with those who do11 ·1. tlicn lie suppons it. Raymond Hokanson. -' 111 South Lincoln S1roc1 . said lie is in total agreement with the Clean. Green and Proud Commission. He said lie has an allC)• that he dri\'CS up frequently where his another lives and he IOIIIClimcs wonders ifhc is driving dom1 trash alley . He said thal the majority of the people who live on that alley have weekly tr.ash pickup by a licensed carrier. but it docs not solve anything. Pan of the problem is thal SOIIIC of llicm arc not follo"ing Ilic rules COIICCming the setback for their trash containers. ID cars oome by and knock them out into tlic alley . He said he is fom'Cr having 10 dodge trash to try to drive that alley and he is a linlc concerned about ha,ing more laws just 10 come to a better conclusion. • "' -. , •. •· • 0 , - • • Englewood City Council January 19, 1998 Pa~ 12 ,. • • t• • when really it is just the same conclusion wc have now. He said there are some good laws already in effect. they just need to be reworded and updated to give Code Enforcement the help they need. We should take out the loopholes and not add another layer or rules that says we have to do it this way . Referring to a previous statement about DOI being so concerned about the weeds in the vacant lots. Mr. Hokanson said we should be concerned witl1 the appearance or our City. and if someone docs DOI keep their property mowed. all they have 10 do is go in and cite them. with no waiting period. Why can 'I we do that with trash, he asked. The goal is the main thing. nOI how we get there. Don 't tell people how to get there, he said, just tell them they have to keep their trash contained and constantly picked up. Give the loopholes to the people who have innovative ways of ,!liking care of their trash, he said. He referred to a letter in the Englewood Herald that said a man picked up his elderly IIIOlher's trash a couple of times a week and put it with his trash. Why make that person pay for tr.ish pickup, he asked. If people can be innovative in a free society, to save 1noney and get the same job done. we should applaud them. he maintained. rather than pena1i7,e them financially . He said he is sure the rules of the City already take care of dumpsters in apanmcnt complexes. and he expressed hope that this would DOI say that every resident who lives in an apan1ne111 needs to have weekly trash pickup. when I he apanmcnt complc:1. owners already have dumpsters for them . He explained that he lives on the border between commercial and residential propcny. Tiic people who own the building in wluch he lives have a dumpster ,ic,-1 door. in which, as a pan of the remal agrcenicnt. he is supposed 10 put his trash. He said lie has a runny feeling that suddenly. if he is a residence and that is a business. they will be saying that it is illegal for him to put his trash in there. 11ie whole thing 11Ccds to be saying what result we want. and take out some of the terminology that makes it hard for Code Enforcement 10 do their job. We arc 1101 lclling people that their lawn has lo be kept mowed and Ilic only way we can nt1kc sure that you keep them mowed is tbat everyone is n,quircd 10 contract out 10 a lawn mowing company. We don '1 do that because it is strictly results oriented, he said. and noc method oriented. which is wlierc wc arc headed. and that is nOI appropriate. Donna Johnson. 3145 South Clicrokce Street. said she favors the ordinance. as would some of tile people who are against it. if they ever lived in tlic vieinily or a 1ieighbor who docs 1101 have a trash service and had to put up with tlic stench and tlic little critters 11~11 run around it . She said slic has noticed that the independent trash services arc now putting stickers behind people 's propcny indicating which trash SCNicc they own . She said slic sympathizes with Ilic elderly. but also feels that there arc senior citizen discount rates and. iflhey could all pitch together. ii would be somethitlg that could really clean the city up. Ms. Joh..-Slid that. near where slie fives. Ilic alley is trashy, and she repeated that she is definitely in favor of the ordinance. Dean Huffaker, 3369 South Grant Street. said he has served on Ilic Clean. Green and Proud Commission since November of 1996. He moved into his current residc1icc. which lie rents. about six months prior to that. he said. and was told that the basc1nen1 had been full of gart>age and someone had 10 be contracted to haul that away. He said lie licard from his 1icighbors that the yard and allc) had been the sanic way. He said he has been cleaning this propcny for three years. and laughs when a neighbor congratulates him and says he would DOI bchC\'C Ilic way tlic propeny looked before lie goc tlicrc. bul he is al"'3)S kind of cmbanasscd by ii also. 11ic rcside11CC diagonal!) across the allc) from him did not lia\e a hauler. he said . and there were, at one point. 40 gart>agc bags or trash 1ha1 were sining there for quite a wlule There was an entire population of reral cats living a1nong tlic gart>agc . lie said. Code Enforcement was DOI able to handle the problem and tile only thing that did liandle it was the 0\111Cr kicking them OUI . The people who own the apanmcnt next to them has since bought lhe house and is remodeling it . The reason he bought the house was 10 make sure he would have some control over who lived lhcrc and how they kept their property. In ocher words. he said. \l'C have come a long way in this one little lpCII i• this alley and we did DOI do it through Code Enforcement. He does not bclic\'C that rewording the ordinance they have worltcd on is adding anotlicr layer of bureaucracy . and it is a rcsull oriented ancmpt 10 Ii~ this problem 11 1s DOI adding another law. ii is amending a currclll la\\. and 1f II doesn ·1 "ort.. we "111 ti) something else. • "' - • • 0 ' - Englewood City Council January 19, 1998 Pa~JJ • • • he said. Mr. Huffaker said one of his neighbors is a 90 year old woman who does llOI produce a lot of gaJbage and he expressed sympalhy for the senior cilii.ens who do IIOI . He invited lhose who have a means of getting rid of thcir garbage to break this law. because tl1e only lhing 1ha1 is going 10 get thcm into trouble is if they let garbage acx:umulate in their yard. We have speeding laws. he said, lhat he would swear lhal nobody follows . He said he was driving down Broadway 1oday, and he lried to follow ii as closely as possible, bul in order to drive safely he rarely goes the speed limit Any lypC of law is going 10 invite people to break ii, but we have means of dealing wilh people who break lhe law when it becomes a real problem. As far as he is concerned, tllOSC who break traffic laws are a bigger danger 10 us 1han 1hosc of us encouraging our neighbors 10 throw away their garbage. In other words. he said. he suppons 1his ordinance, and agrees thal ii is not lhe cure all. bul we should try 10 work witl1 ii, or we will try something ebc. Stan Lange, 3S3S Soulh Clarkson Street, said he is a member of the Clean, Green and Proud Commission and was pan or the group that walked the survey cards around and distributed thcm. He said he is no1 bcrc to tell Council that he is a stalistical expert. although he does know sornelhing atJou1 statistics. He said he feels very strongly thal. if you look our survey results 10 s1a1istical expens. Ibey would verify 1he fact that this is a rq,rcscntatjve sample stating lhat ii is whal the majority of the citii.ens would desire. Mr. Lange said that thc members or thc subcomminee have done a line job of lrying to word lhis change in the ordinance so that it is just giving anocher tool to the Code Enforcement people who have been trying their best to solve lhis problem. Linda Hart. 4JS2 Sou1h Pcnnsylvanja S1rect . advised she was one of the people who filled 0011he card and scnl it back and she appreciated being asked her opinion. Bui at the momenl. she said. she fell a little bil betrayed atJoul the survey part . because .. whal is going on here is not what she lhought she was getting information on. At the time she thought maybe the Cicy was considering having the City handle pickup and pulling in lheir own service as Denver does. Denver. she no1ed. does thcir own. Ms. Hart opined that the qUCllions on the card were a liulc bil vague. so she pul on lhc card she would like more information. She said she thought she pu1 her phone number down. but she knows she put her name and address down. No ooc bas ever contacted her agajn. until she found oul atJout lhc meeting. She said she wanled 10 come down and sec what was going on and offer some suggestions. She referred Council lo the copy of 1he ordinancc she recci,'Cd tonight page J. section I S-2-3 : Plac,cmenl and removal of lrash. section A. -Any accumulation al trash on any premises. illlpl'O\'Cd or uni1npn1''Cd. within lhc Cily of Englewood is prohibited and iulcclaR:d to be a ouisanoc. Ms. Hart stated thal makes sense and lhal should be in there. She said she docsl1 '1 know what was in lhere before. because she hasn ·1 seen the ordinance. except for this ~-On section B. she said. she disagrees with having to subscribe 10 a lrash removal servia:. Ms. Hart advised lhat she personally worts for someone. a business in Linleton. and he does allow her to take her one bag of trash a week down to his big dumpster and put it in. That is part of thcir agreement she said, because she doesn't make very much ·~· and all of her money goes into improving her house and keeping her house payment up. So. she said. she appreciates that as she doesn '1 want to have to pay that extra money every month. Ms. Hart. stated she doesn ·1 undcrsland Code Enforcemenl waiting seven days to a,ntact the owner. Before sbc moved into Englewood and bought a house. she was living in Littlclon. Site said the house in Littleton was ,-cry close on lhe alley and the house sbc lives in now is very close on the alley. so she is very familiar with lhe alleys When she li,'Cd in Littleton. she DOied. there was -ckn\11 the alley lea,~ng 1hc1r lrash. bags upon bags upon bags of lrash. piled high and about six 10 eight deep. 11 was 1hcrc for two weeks. she said. before she finall y called 1he Ci1y and complained aboul iL She pointed oul 11131 lhey had ii cleaned up "11hin 24 hours and 1here was never a problem with lhat ~ again. 1ha1 person kept lheir crash picked up after that She said she apprecialcd thal and sbc doesn't understand why Code Enforcement should wail sa-cn days. lflhey ha,,: a problem, then address ii. Either gh-c the people a wammg or get 1he problem si1uatio11 taken care of. don ·1 wait She DOied site round out things she didn '1 know 1onigh1. One being lilac trash is aot to be within live feet of the alley area. wilhin li,'C feet of your property line. She asked if 11131 was com:ct . She DOied thc Ofdinancc says ' •. • • 0 , - Enite,wood City Council January 19, 1998 Page 14 ·, '· • • • you "shall set trash oontainers bad at least five feet from the side propeny lines." She asked if that was from the alley line. Council advised it was from the side propcny lines. Ms. Han said that she made a list of suggestions in listening to what was going on tonight. because she figures if she was going to oomplain she wanted to make suggestions and II)' and help. She stated she would like to sec a more positive approach to the problem and ti)' to get a liulc bit of pride in the alleys. She said there was another thing she found out tonight. that maybe isn't in the ordinance but should be. She has always set her trash out in her trash cans in the alley, in that area. when she makes it and everybody else along the alley docs also . Ms . Han suggested maybe that trash shouldn't be out until 24 hours before the trash is lo be picked up or the night before the trash is picked up. Everyone docs that, she said. and the alley docs look bad because of that. Council Member Bradshaw commented that she lives in a neighborhood where there isn't an alley and she thought that was what that provision was for . Ms. Han asked why they couldn 't have that on the alleys also. that the trash cans are not to be out there until the day of the trash pick up or the day before. She opined that would keep the alleys looking better and they could keep them within their fence or within their propcny line and it would improve the look of the alley . She said she would like to sec that on her own alley. One of the other things that was talked about before was the odd items. She stated that the house she bought was a bank repo , it had been empt~· for a year. it had been trashed, it was a mess. a disaster clcaniag up that house . She advised that she had a lot of trash to throw out that the trash companies would not pick up. She said she had broken furniture. buildings she had to tear down to clean up the back yard. and a pigeon coop to remove. It was a disaster. she said. and the problem she had with all o( that. was getting it out of the area. Friends helped. she noted. and she hauled it a little bit at a time. She Slated she would like to sec, scauered throughout the years and more so in the spring and the fall. a time when they could take the trash down to the dumpster for $5 . Otherwise. she said. it would cost her around $45 to take down a trailer load of this broken wood and cvel)thing. Because, she noted. trash companies will not pick it up. Ms. Han commented that she has an elderly neighbor that has some tires a relative: left with her, the trash companies won 't pick them up and she can ·1 afford to take them down and get rid of them. 11icy are enclosed in her propcny so nobody secs them. but it bothers her. So. she suggested. the City could offer something like that and have more trash days where you can throw out the couches. things like that and keep it cleaned up. She opined that quicker enforcement or the existing laws and lilrCngthcning of the existing laws would do a lot to help the City. rather titan going into a mandatOIY trash removal . She said she docsn 't think that is going to rc11oh"C the problems and if there is DOI a problem. you don't know and irtherc is a problem you 've got the lai.'S on the books. or should strengthen the laws that are already on the books liO that you can go in ud resolve: the problem. Not put in mandalory for-,,onc. She emphasized tllcy are making c:vc:ryonc pay for a few pc:ople 's problems. Anna Marie Kratzer. 11 SO West Stanford Drive. said it occurred to her that when you propose a mandatory scrvicc. payment by all residents . that it might be more appropriate: to put that on the ballot for a vote of all the people. rather than a sclccti\'c sur\'cy and analysis. Secondly. she suggested. since we do have: the regulations and laws to CO\'cr these problems and violations. that we find a way to enforce them. rather than create some new laws. Bill Clayton, 9S8 East Comcll Avenue. stated he has li,'Cd in Englc,o'OOd most of his life. that he is a residcol. taxpa)'Cf and an Engle1''00d landlord. He advised that his family owns eight residential propcnies in Englei.'OOd. liO he obscn'CS numerous locations. al~'S and ncigllborhoods, pcmaps on a more regular basis than Rl30Y citizens do . He maintained that the Clean. Green and Proud Commission should be commended for tackling this tough issue. 11,is hasn '1 been going OIi just since 1961. he said. He advilied that George Allen, \\1tcn he was Mayor. tried to get mandatory trash collection. A solution to this, he stated, has alluded Englewood for a long time. He opined that the iSliUC isn 't trash. that the issue is the appearance of the neighborhoods and the pan trash plays in that . Obviously. he noted. trash and debris remains a problem. dumping in business dumpsters. dumping in park dumpsters and dumping in Denver. He said he •~,s people who dump on hi s propcnics. because they don 't want to pay for a trash hauler. He pays for a trash l~1ulcr. he noted. on C\ cry propc:ny he owns. Code enforccrncnt. he opined. • I ... • • J - E.a&lewood City CCN1ncil J-ry 19, 1998 ••• 5 • • • remains a problem that this is not likely to solve. He comnlC.'nted that you ha\'e beard the anecdotes, the two weeks ofuash bags and he thought people could come in lell you anecdote after anecdote of our continuing inadequate code enforcement. He felt 1his ordinance was a good first step. Mr. Clayton emphasized that be hoped Council was serious about the issue. not the issue of 1rash collection. but the issue or the appearance and the pan trash plays in that. Because. he maintained, it is enforceable:. He opined the City should develop a data base or n:sidcntial addresses and work with the trash haulers to cnsurc that every single residential propcny has a subscription. So, he reiterated, be thinks it is enforceable and will go a long way toward solving the problem. Tiie person that has UllSh hauled is not going 10 haul ii into Denver and dump it., they are not going lo haul it to the park and dump ii , or haul it to his propcny and dump it. Mr. Clayton staled he feels they arc going to have to work with the UllSh haulers and ensure that the haulers picked cvcrything up and not say, for instance. that they won't take a suck of tires. Perhaps, he suggcsaed, there should be an extra fee for those tires. but if it is trash it should be hauled. He said he has found that. for illSlallCC. Waste Management, when he has a rental propcny wllcR someone has abandoned half ol New Jersey. will pick it up for an extra fee . He noted there arc SI.ill items they don't want to pick up. so the Sluff' sits there in the alley. Mr. Clayton stated that wc need to make SUR that CVCl)1hing can get hauled. that '"'C need to ensure that the haulers offer reduced volume fee IChcdulc or that lllcy allow pc:oplc to share bauling. He pointed out that that is still a subscript.ion, if you make a deal with fouuesidcnts to haal from one location. that still takes care of the problem and senior l'lllCS may be an option. But the solution. he stated. should not be no pickup as an alternative for a senior wbo has a problem. He suggcsaed wc sec: if we can get the haulers to work with that and develop a fee schedule . In summary. he said. he would suggest Council pass this and continue to work on the issue and hopdully solve tbis problem that has been plaguing us for years. Jcaanc McWilliams, 3795 South Grant Strcct. said she was thinking as she was silting and listening. tbal as the gcndcman that said he had to dodge the trash in the alleys. that if you put trash in the can on Monday ii could be somclhing to be dumped by the time tile UllSh is picked up. But. she noted. an awful .t ol the problems she SCCS in her alley is dogs that are allowed to run loose and they knock the cans over. lftbcrc arc any kind oltablc scraps whauocvcr in there. tbosc dogs are knocking ii over. cvcn for the people lhal have mandatory trash pickup. Most people in her alley have their trash picked up. bul by tllC ~ it is CIUl tbcrc ovcr tllC week . Ma)4,c. she sugcsacd. if they required the owners olthc dogs 10 be a litde -rcspoasiblc and. perhaps. requiring the cans to be scc:urcd in some way until tllC day ol trash pidwp. Ms. McWilliams said dial 111c 11..-cd to firmly clilllftlC with the gcntlcmaa lhal wanted people IO uul tllcir ~CWI)' week 11111110 brillg tllCm 1-tt Ullo thc )'Md. She advised lhal for tbcm tllal would be impossible, it just wouldn 't wort . It is IOo much wort for elderly people 10 be dragging these cans in and out, she said. atid so that idea she really '"'UICI! to \'CtO. But. she said. the dogs IO'Cre the one tlling lhal ltnick her. tbal it would probably be a p,nd idea to ~ the cans and then to make the dog owners more responsible. Tbcrc were no funher questions and no one else was present to speak to the issue. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO CLOSE TIO PUaUC llliRING TO GATHER Cl11ZEN INPUT ON AN AMENDMENT TO THE MUNICIPAL CODE RELATIVE TO TRASH COLLECTION. Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht. Waggoner, Clapp. Bums Nays : None Motion canicd and the public hearing closed. Mayor Bums advised that it has been Council's habit and process for some time. that they do not vote on the onlinance on the sanie night they have the public hearing. He explained they carry the ordinance . ' .. • • 0 , • • • . . Ea&kwood City CINlncil Juuary 19, 1998 Pate 16 itself over to the next meeting, when Council can discuss it funher and vote on it at that time . He thanked everyone for coming tonight to speak on the issue . He acknowledged it is an imponant issue. (a) Approval of Ordinances on First Reading COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (a) (i) ON FIRST READING. (i) COUNCIL BILL NO . 2 . INTRODUCED BY COUNCIL MEMBER WAGGONER A BllL fOR AN ORDINANCE AUTifORJZING AN INlERGOVERNMENT AL AGREEMENT EJlrlTil.ED ~GRANT OF CITY DITCH RIGHT-OF-WAY" BElWEEN THE ENGLEWOOD HOUSING AU1llORJTY AND THE CITY OF ENGLEWOOD FOR THE PROPERTY KNOWN AS 3400 SOU11f SHERMAN. Ayes: Nays: Abstain : Motion carried. Council Members Nabholz. Garren . Bradshaw. Habenicht . Waggoner. Clapp None Mayor Bums Mayor Bums explained for the record. that die reason he abilaincd is because he is on the Housing Authority board and this City ditch location is adjaa:nt to a Housing Authority propcny. where the Housing Authority plans to build a townhouse development. (b) Approval of' Ordinances on Second Reading COUNCIL MEMHa WAGGONEll MOVED, AND IT WAS SIECONDED, TO APPllOVE CONSENT AGaNDA ll'EM .. {It) (I) ON SECOND ll£ADINC. (i) ORDINANCE NO . 13 . SERIES OF 1991 (COUNCIL BILL NO . 3. INTRODUCE) BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUTifORJZJNG THE EXCHANGE Of TWO PARCELS Of PROPERTY LOCATED AT UNION A VENUE AND 11iE SOUlll Pl.A ITE RIVER BETWEEN THE SOULE TRUST PARTNERSHIP AND THE CITY OF ENGLEWOOD . COLORADO. A)u: Council Members Nabhol£, Ciart'at . Bradslulw, Habenicht . Waggoacr. Clapp. Buras Nays : None (C) Resollllions and Motions COUNCIL MEMaER WAGGONER MOVED, AND IT WAS SECONDED, TO APPllOVE CONSENT AGENDA ITEM 10 (() (I). ' ' • .. • • 0 l • - - En&tcwood City Council January 19, 1998 Pace 17 ,. • • • (i) RESOLUTION NO. J. SERIES OF 1998 A RESOLUTION FOR REAPPOINTMENT OF LINDA F . COHN. AS ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD. COLORADO. Vote rnults: Motion carried. Ayes: Council Members Nabho17-Garrett, Bradshaw, Habenicht, Waggoner. Clapp. Bums Nays : None II. ReplarApda (a) Approval of Ordinances on First Reading 11aerc were no additional items submillcd for approval on first reading. (Sec Agenda Item 10 -Consent Agenda.) (b) Approval of Ordinances on Second Reading 1berc were no additional items submitted for approval on second reading. (See Agenda Item IO -Consent Agenda .) (c) Resolutions and Motions 1berc were no additional resolutions or motions submiltcd for approval . (Sec Agenda Item IO -Consent Agenda .) 12 . Galeral Dhaltlioa (a) Mayor's Choice I . Mayor Bums uid he noticed Council had a report regarding the Wasaewater Treatment Plant repnling odor control. We had run out of chemical supplies and we were having an odor problem He a,mmcnted that he was jusa a little conocmed about how that happened and how wc can make sure that doesn't happen again . He said he thought we were doing some in,·estigating on that and making sure it doesn't happen again. City Manager Scars ach,sed that he. Chuck Esterly. Andy McMinuncc. CharlC) Blostcn and Stu Fonda hid a IIUpCl'Visory meeting last week . as Littleton and Englewood mcct 1110J1thl) He Slated tllC) did cliscuu that in some dc:lail He expressed his COIICCfll , along with that of the Council and Littlclon. ol the pcrcqilion that there w;n not be odor or that there was a grca1 ckal ol money spell( in ier-ol odor oontrol . BecaUllc . he noted. it is being spell( with the constructlOll. but wc need to Id the COIIIICil and the public "-that during the construction time there will be times ol odor and C\'CII after that then: will be times of uplCt II the plant that may pcriodicllly happen. He opined lhll tllc illllCIII II IC> do -,or odor control in the bell manner wc can. w;th the dollars i''lilablc. Mr. Sc-ars achucd that lie has lllled SIU Fonda to put together some public information 11talcrials for the Council 111d tllC pras Beaule. he said. he feds that boll1 commwutics arc sinccrcl) conccmcd about whit we arc n:all) do111g there and we need to do a better job of providing information publicly OIi what wc are really doing and what the public can cxpcc1 down the road He said he just wanted to s;i) tha t that is a mission we both Englewood and ,,, - .. • • 0 , J - ] • • • • Enckwood City Council Juuary 19, 1998 Pase 18 LittJcton share and we will try and endeavor to do a better job. Mr. Scars opined that the failure to get the chemicals. that one time, can be dealt with and it was really no1 appropriate and the problem really extends beyond that and we need to do a better job or infonning Council and the public. 2 . Mayor Bums said that he wanted to thank the Clean. Green and Proud Commission f<K their wort on the trash issue. He commented that they have worlted on this for a long time. it is a dilflClllt ii.sue and he appreciates their efforts. (b) Council Member's Choice (i) Council Member Nabholz: I . She stated she has had numerous calls on the plan for the Genera.I Iron Works site and she is curious as to how that will wort out . 2 . She advised she had throe calls 011 the trash. one for it and two againsa . (ii) Council Mc:mbe.-Garren : I. He noled he also had calls on the trash issue and it was son of split. yes and no. on this panicular issue. 2. He advised there seems 10 be an incident or graffiti sliowing up around the Jason Part area, more than he has seen in the paSI . City Manager Scars Slated they wilJ follow up on that . (iii) Council Member Bradshaw stated she had three items for City Manager Scars to follow-up on : I . She Slated she was at the high school this 1nomi11g and she was very concerned by the amount of graffiti on the wall by the soccer field . by the playing field . 2 . She advised that, witil the Jrash <N'di11a11cc coming up. she received a phone call from a lady that li\'CS out by Stapllmn Ailport. Her suggcstio11 was that we co11tract with Denva-to take all of our trash in the City and. Ms . Bradshaw said. slic told her she would pass that along. 3 . She noted slic visited with the Colicn Brollicrs Oil the nonh Englewood project, with General Iron Worts. and told them her concerns . Ms . Bradshaw staled she would really like Council to at least think about confining the area for that project to between Bates and Yale and wCSI or Elati 10 General Iron . period . And. she suggested. that the)• have General Iron saan coming aboard and taking pan in this pnx:as. instead of only wanti 11g lo deal will, Slaff. (iv) Council Member Clapp asked that Council 1110\'C to go into an Executi\'C Session immediately foll0\\111g this 10 discuss a personnel mailer. Slic noted II should take fi\'e minutes of her time. as far as Ilic infomiation she wanted to sliare with Cou11cil. unless they had other things to add (v) Council Member Waggoner noted that S01ne time ago Council passed an onSiuDce that prohibited younpac:n under 18 yc:an of age rn11n smoking. He said he undcnlands that ._ 7 :30 a.m. and 7 :45 1 .m . II the High SdlOOI smoking is quite prevalent . He opined thll I littJe ldec:live enforcement would probably woit quite well. 1na,1Jc with a wvning to saan with and follow up -time later. Night school too. Council ~ Bradsliaw pointed out . . ' • .. • • 0 - • • Eaclewood City Council J-ary 19, 1998 Page 19 • • • Mayor Burns commented that it was an imponant ordinance and he agreed that we should enforce it. (vi) Council Member Habenicht said she wanted to thank Pauletta Puncerelli. the students at Englewood High School and the teacher for the mock city council meeting last Thursday night. She stated it was really exciting to see that many kids here and involved . She opined that they did a wonderful job and showed that this process is one that son of runs us. rather than we run the process. Because. she DOied, it sounded very much like a regular Council meeting. Ms. Habenicht commented that it may have been a learning experience for them. but that it was truly a learning experience for her. She thanked everyone who participated and invited everybody to attend the next one. Council Member Bradshaw advised that the next one will with middle school students. Mayor Bums apologi:zed for not commenting on this earlier. but they really did enjoy it. Ms. Puncerelli, be DOCcd, did a great job on this program and he received a IOI of compliments for her. He said the teac:bcr was very . \'Cry complimentary of Ms. Puncerelli and he opined the kids really did get a IOI out of lllis. He commented that he is really looking forward to the next session with the middle school students. Mayor Bums advised Council that this weekend he sent a letter to the Housing Authority Director and the Board. resigning from the office of chair and asked that they select someone else to be the chair. He noted Council has talked about this before and he has done that so that he is not in the higher profile position of being the chair of the Housing Authority at the same time he is the Mayor. Just for Cowicil's informaaion. he noted. they lia,"C had a member resign as he is moving out of town . It has nothing to do with the Council position. but. he said. they will liave to fill a position on the Housing Authority Board from the citizenry. 13 . City Muaacr'• Rcpon (a) City Manager Sears asked Director Olson if he had an opponunity 10 talk 10 D1rcaor Simpson about the location of the propcny O\'er there. Also. he asked Director Simpson. 1f he had a feeling if that will lllake an impact at all in lcnns of the South Broadway plan . Director Simpson stated that. from a standpoim of being on a one )'ear basis. it may have a positwe 1mpaa in that neighborhood. He said . from his standpoint it is reasonable . City Manager Sears asked that Director Olson jllil make a couple comments about what is being prOflC*'d at the location . Director Olson said. as he stated in Study Session. they arc proposing that they open np a community policing storefront operation at 2'.111 South Broadway. He 1101ed it is actually at the corner of Bates and Broadway. Tiicre is Ilic a\'3ilabilit~· of a leased building down there. he said. and ii is a divided building with 4000 square feet . Mr. Olson ad\'iscd that they arc proposing to take the south 2000 square feet . It is already set up as an office space by Printers Personricl and will be vacated at the end of this month. 11IC leue will be available February 1•. He stated they arc proposing to IIIO\'C the community relations office. which is OITJCCr Nancy Peterson, and the impact team. which is five officers. into that location. He said the building is in good shape and essentially they will ha\'e it all cleaned up and ready to go for us if we decide to move ahead with it . He stated that the lease and associated costs, for tlic first year. will be about SJ 1,000. He opined we can possibly pick up a ponion of that funding through forfeiture assets. which we ba\'C available . and also througl1 some grant funds "hich he presently has and will be able to get in the future . Director Olson stated "c "111 still la:l\c 10 pick up a substa1111al pon1011 of the lease costs. Long ----.-.~-' • I .. .. • • • 0 Englewood City Council January 19, 1998 Pa~20 ·, <. • 0 • range , he said, they think this is an excellent way to give a police presence on the nonh side of town. especially in that Broadway rorridor. where we have had significant problems in the past. He opined the a,mmunity would really desire to have them over in that area. He explained that the operation will essentially be open eight to ten hours a day and it will be available for officers to stop in if they want to use it as a remote office to work on different rcpons and so on. But. he noted. if nothing else ii will pul them over on that side of town and the lease option gives them the availability of moving the store front to different areas of town as we need it. He advised they arc really excited about it and they view ii as one more step in our a,mmiunent with working with the rommunity, panicularly from the rommunity policing standpoint and from many different aspects of Safety Services. With Council ·s approval. he said. he felt they oould move ahead with this. He asked if Council had any other questions. Mayor Bums thanked Director Olson for giving the informalion again. Council Member Habenicht noted that Mayor Burns mc.ntioncd this at the Study Session. and she would appreciate him sharing his romment. about how much we do appreciate the work our police officers do for all ofus. Mayor Bums stated that we had a shooting incidcnl a rouple of nights ago on a domestic violence call at Quincy. There was an individual who was 001 supposed 10 be on 1he premises and there was a call from the wife. When the police officer arrived and asked to see the man's hands he pulled a gun and staned to fire. The police officer was hit on his equipment. the bullet glanced off. another officer arrived. they raumed fire and the man was subdued. But. he pointed out, tl1e police officer had an extrcniely close call . Mayor Bums noted that Council was infonncd. by Director Olson at ll1e Study Session. thal we canie within a few inches of maybe having a dead officer. Mayor Burns emphasized that this really illustrates to us, once again. how these officers pul ll1eir lives on 1l1e line wl1en they serve oa1 our police depannient . And, he noted, CVCI)' time they go out. and especially on 1hesc domestic violence calls. which arc 011C of the most dangerous calls tliey take. thal sometimes you don ·1 know what they arc going to be walking into. But this officer. he said. was very fonnnate and ii was handled very professionally . We had an illlpact team out there. late Saturday night. as well as a district auomcy and Gary Sears our City Manager. He opined it was \'Cf)' impressively handled by our police dcpan1nc.n1 personnel . Mayor Burns. on behalf ol Council. thanked them for that and thanked them again. for lhc fact that tile)• do put their lives on the line every tinie they ID out there . TI1is. he noted . is just a notl1er illustration of that . (b) Addressing tl1e item listed as Agenda hem 13 (a ). relative to a proposed agrccmcnl with Dcq,watcr Point regarding n:dc\'Cklplnclll . Ci1 y Manager Scars achi scd lhal pan of Ibis is thal they just want to keep this issue going. bolh from 1l1e staff IC\·cl and as a Council manda1c and direction. He opined that they need to get din:c:tion, a feeling from Council of "11crc to go "i th the projcel so they can polSibly procccd with the February 2 ... dale. He thanked Tim Leonard and Marilee Utter for quickly pulling together a lot of information. Director Simpson ·s staff for "ortting "1th us and the entire staff he is wodring with. He advised we ha\'e a group of professionals "ho tia,'C tried 10 pull this informa1ion together in an expeditious 11131111er. He said he is noc sure ii is as compldc as he would like to have it . bul they arc all pressed with time in tcnns of how 1his oomes 1ogc:1hcr. He noted C ouncil has a niemo from Bob Simpson that outlines a proposal we rccci\•ed from T im Leonard a nd Marilee Uucr. He noted that basically they "'OUld be our owner's rcprcselllali\'e on 1l1e dC\'Clopmcnt of lhc C inderella City projcel . He said Council has a schedule for that work. a crilical palh. a 11ia1n ~ of the 1ypes of things that will be needed for the project and a list of pan icipa111s 11131 tile)' 113\'C pulled 1oged icr who "ould be working with them on the dcvclop1ne111 of lhc project . Mr. Sears staled 11131 M.1rilcc Uuer. Tim Leonard. John Loss . Skip Miller and Mark Goldberg were in lhc audience 1onigh1 . He said lhis 1s one a,nccpt. 011C l)'pe of approach that the Council oould use to proceed on the project . Wuh the team of pa,ticipants. he opined. we can wort together to make 1l1e project :is close as we c:111 get it. On the ocher hand there arc changes in terms of who is in control and who is dC\·cloping thal project that ha,'C not quite been defined and what "' - • • • 0 , - • • Englewood City Council January 19, 1998 Page 21 • • • the relationship of the various panicipants is. He said he docs not know exactly how to proceed with this. other than there is really no final agreement that can be approved tonight. because the Council will have to authorize funding in a supplemental appropriation to be tr.insferred if the Council decides to go in this direction. One of the key elements of the continuation with llic Deepwater Point Company was the level of commitment. the level of panicipation and the funding by Ilic developer. Mr. Scars said we did not receive a letter that lie fell comfonable giving to tlic Council in tenns of wlicre his level of participation was. He said he would ask Ilic Cou11cil lo hear from possibly Director Simpson. or Marilee Utter, initially and then maybe hear from Skip Miller as to where this project is going and then gel a direction from Council. Director Simpson Slated that we have a couple of issues facing Council . He opined that staff is clearly aware that this project needs to get underway, that time is absolutely oftlic essence. He said they hear that very, very clearly. llie issue, he noted. is also that Council has had a series of meetings in which they have continued to confim1 lo 11s that tliey want lo move forward with the concept that includes tr.insit oriented development elements. He advised tlacir concern lms been. that we have shifted from a IOO% retail plan, that we were looking at last summer. to something that is more 11nusual and we don 't have all the answers and we had lo begin lo find the answers and ii has taken ti nae . He said he knows that we don't have any morc time left . One of the iss11cs that he keeps bringing up to Council. he noted. is the issue of risk and cost and complexity. Just lo ensure thal Council has an understanding of that he felt thal it was imponanl to reiterate what some of this means 1011igh1 in terms of risk . On this panicular project. the way this contract is contemplating moving fom,ard. is thal the City would maintain control of this TOD visio11 . We would be doing that level of control through 3Cling as kind of the master developer on this propcny. And that, he pointed out. carries with ii a significant level of risk . That is a different direction thall was originally proposed wlicn we staned this clJon . He noted tlic original idea. with Miller/Kitchell as a selected developer, was that Millcr/Kitclicll would come forward with a retail plan and we would in essence, slip. quote unquote. the project propcny to the developer and that the risks of the projects design and development would be bonic gaicrally by the dc\'Cloper. lllOSC costs would be paid for up front by the developer. Under this proposed contract. he advised. we lake on those costs and we move the project vision fonvard. lliat docsn 't 1nean to S3)' llia1 we can't influence a transit oriented design through the developer in a diffcn:nt nianncr. He stated that is possible. But. he advised. they WUlcd to throw some of these ideas out lliere because. as he said before in SC\'cral meetings. TOO is very difl"ICUIL \'Cl)' complex and ,-cry costly lo the City. 11,is complexity and cost can be transfcm:d 10 so111e extent from a c:allffow standpoint. IO Ilic dc\·cloper. llic question that comes wilh tliat transference 1s would the de\·cloper hold the vision that Council secs that needs to liappcn . Those arc the questions Mr Simpson said the thought more titan 311)1hing th.11 nccds 10 be answered. from saafrs SWldpoi111 tonigbl. tbal is really bci11g looked at in the CO\'Cr memo. is wliat direction. whal level of risk lolcrance and wlul amoun1 of cost. is the Cit)' willing to bear. If stalT understands tliat . he said. we can go out and get a c:onUaCt that supporu tliat. He C0111mc111ed that if the comract needs to be with TIIC Dcq,walcr Point Company and ha,'C Mr. Leonard and Ms . Utter sen'e as our OW11Crs rcpresc111a1i\·cs. to progress this vision that Council suppons. move it forward. llicn tliat is wliat we need 10 hear. If Council believes that a cont,act nccds to be solidified with the selected dc\clopcr. Millcr/K11chcll . and the ir d1rcct1011 10 staff ,s lhat we need to move fonvard and solidify IIL11 contract . supponing a vision of TOO. he said . then we can do that too. He said we need to understand 1ha1 and this is wlL1t we need to licar from Council . their direction to staff. Then, lie stated. tliey can IL1ve those contracts ready fairl y quickly and bring them forward . He noted it is the broad vision. the policy direction. tlL1t staff needs to understand from Council . Director Simpson nL1intaincd IIL1I everybody is here tonight to help ,1115\\'Cr so1ne of these questions. So if this needs to be opened up lo a broader direction. llacre arc people here a11d available. Mayor Bums Slated lliat it was his understanding. the last tinie tliey met with Peter Calthorpc . Miller/Kitchell and so fonh . tliat it sounded like cvcl)'body was accepcing the TOO concep1, that the Council had accepted. One of the ways of doing tlL1l "~,s to lta\'C a CORlract ,.;,h the service provider for ,, - •. .. • • 0 , ]- • f.a&lewoocl City Council J-•ry 19, 1998 Pa~22 • • • the City and to have Ilic City, in elfcct. be a lot of focus of the development. Because this concept was . as they mentioned, changed from the original one that wc had with Miller/Kitchell . He commented that City Manager Sears has said that wc didn't get a lcner, of quite the commitment to this. from Miller/K.itchell that we had expected. Mayor Bums said that one of his questions is. what is the level of commitment to this process from Miller/Kitchell . He commented that he feels in some respects Council is. again, being asked to make decisions without as many tools as they would like to have . Because. he noted . they don 't know what all the financing increments of this are. We know it is difficult . we know we have a site that has huge structures on it that needs to be demolished and we have a parking structure that is difficult to deal with. He noted that if we had a nice. clean piece of ground this would be a lot easier. So the more we put a City Hall there and other infrastructure that has to be financed by the City. the more difficult it becomes. He said he. and the other members of Council, would like to know what the levels of commitment are here from the various people we have been dealing with to join together on a contract like this. If we are being asked to fund. what he thought was a second phase, for $285,000, with Marilee Utter and Tim Leonard and The Deepwater Point Company. he said they need to know that that is well spent. He commented that there is a deal breaker 90 day period in there when we would reall y know. one way or the other. if this thing can be financed or whether we have to go to the people or whether we have to ask them to subsidi1..c this thing. so that we don 'I spend an awful lot of money and then find out it doesn't work . Mayor Burns stated that in his opinion it has to be market driven . It can 't be driven by the City or the staff or a PUD. 1..oning ordinance or something like that. He said it has to work somehow along the line and he was not sure where we arc with the panicipants right now. Director Simpson suggested they ask the panicipams to step up and explain their level of commitment . He said he would tell Council that the TOD concept is being looked at by everybody involved and he bclic\u there is a level of commitment from all panics to continue to sec if there can be a TOD plan put forward to Council that can be implemented. He said he was going to let those people tell Council that but that, what is being asked here is not necessarily that TOD works or docsn 't work . It is kind of how it gets done and how it gets implemented. Mr. Simpson opined that it is a significant enough issue that we need to talk through it tonight and gel Council's direction . He asked Tim Leonard to step up and talk about what they sec as the owners rep responsibilities. Because from stafrs standpoint. one of their concerns. is that they want Council to full y understand and if they understand and agree . that is great . Bui the City, by wodting through this contract. is in essence taking on the role of developer. where we have oonuol of the vision . He stated we need to understand how that affects C\'Cf)body involved and whcdlcr ~ bas agreed to that direction. Tim Lconlnl. President of11ic Deepwater Point Company. said he would like to respond to any questions Council might have of him. Pan of what they have been doing. since this is a process of providing some vision that is different from the 100% retail plan. is to be able to put some opeions in front of Council and then be able to figure out if those work ... financially. in the market . with the time structure. etc. So, he lllkcd that Council please ask tlic questions that arc on tlicir minds. whether it is tlic issues of risk or dollars or timing or whatever. Mr. Leonard cxplai11Cd that an owner 's rep has a task . as the owners of the property and the providers of Ilic vision . when they say they now own the propeny and I want this to go on it . but I don ·1 plan. I don 'I do sticks a nd bricks. I don 't have architects on stalT. I don 't do all that. That value needs to be added. lie said . Oricc you say this is what we W'dnt for our community, how do we gel there to do ii. .. tlicn we ha\'C a concept but we need a dc\'elopmcnl plan . 11ic definition of a development plan is something in a binder that can be implemented. something that Ilic users say, yes, I will go tltere for this amount of time. for this amount of dollars. this is what I will be able to develop. A retail dcvclopcr or a residential developer or an office building developer will say I "ill pay that a1noun1 of money for that building. built at that time and this is what I will do and ii all cornes together and all the numbers work . He maintained that Council has lh.11 dut y. that they ha\'C that responsibility as the owner of the propcny. In that case you citlicr do it yourself with the staff you have. hire employees to do ii. you farm it oul 10 someone that is under your control or you relieve yourself of lhal responsibility by giving ----- .,, - . ' ., •· • 0 ·- Englewood City Council January 19, 1998 Pa~23 • • • t• that to a developer to be able to do it on their nickel . He said they factor inside that. their rate of return tbat is appropriate. and they take the vision. that concept . and they do what needs to be done to it in order to make it work. So that. he said. adding of value on the propcny has to be done and the only way you can reduce your risk is by understanding the project . Know what the spreadsheet says. here is the dollar amount, etc. Mr. Leonard advised that is pan of what he docs with his job and he has worked for the City of Denver, other non-profits like the An Museum. and a project in Detroit for a bank as a trust, doing the exact same tbing. He emphasized this is what he does and what he likes to do. He said he helps a non- profit or a city or a municipality analyze their risk and add value to the propeny so they can get what they want, or as much as they want, for the best price in the fastest timeline. Sometimes. he pointed out. that means he gives speeches they don"t like to hear. Such as. I'm sorry, this is the retail you have to have. because you need the sales tax dollars. Or this kind of architecture or this park is too expensive. But. he noted, there arc other times when there is the opponunity to be able to take a vision and make it something more than what meets the naked eye. He opined that pan or the problem they have today . is that !hey have a concept that looks good and feels good. but they don't have the market and the level of understanding from everyone. himself included. that says this is doable, this works . He said it needs a time period for anyone to do it. Now, he said. you could fann it 0111 and keep that control or you can hand it over to a developer, like in an RFP process . Or. if you have a selected developer. you say ... this is what you can do, this is our vision. this is what we want . give us a development plan for it and come back and because it is our propeny we'll take whatever remaining dollar amount there is. And if it is a zero dollar and you need no subsidy from us, or if it is a $3 million or $4 million check that you need from us to do it. then a,me back with that . So. Mr. Leonard advised. that is the point Council is at today and they need to be able to understand that level of risk . The definition of risk in the situation you arc in today is. do you pay for Ilic work that has to be done. in order to solve the problems that have to be solved . in order to get your a,ncept plan into a dcvclopmclll plan. That means analyzing parking stnactures. estimating costs or demolition. doing the pro fonnas in between. topography maps. utility maps ... all those things that have to done and nonnally a developer does them . He stated that Skip Miller has already done them. most of them, for a 100"/e retail plan. He said Mr. Miller is 30 days away from being able to say, liere is a number that it would a>st for us to do IOO% retail plan and we can do it. you can provide a 12o/o guaranteed rate of rclUm and the di1Jerc11c:e is x. and the timing is y. and there it is . That. he poillled out. is not the sa1nc as on this transit oriented development plan. llicrc isn 't a 30 day period. there is a 6 1nontb period. because you have to go back in and be able to sol\'e sonic or those problems . Sonic or those problems. lie stated. arc very expensive and the biggcsl issue is tlic parking structure. Because 01ic thing that a TOD plan docs, that a 100% rdail plan docsn ·1 do. is it is dense . And dense. he said. nicans parking and it means structured parking. Because ~-ou can only ha\'c so much surface parking on a 511 acre site. But to have a transit site, one that is a park ·11 ride. oiic that is residentia l and stacked up and still has surface retail on it. it needs a parking structure. He noted that tlic first thing we say to ourselves is ... well we have all this puking structure. can 't we save some or it. Well . Mr. Leonard advised. they looked back in the studies. and there have been gobs of studies since 1970 , unbelievable amounts. and almost all of them arc visual inspections, visual inspections, visual inspections. He stated that one time there were some core samples taken, and this is a $20 million struc111re. wlicrc three a,re samples were taken and only one was analyzed. He said. when we sil do\\11 with tlie archi1ec1s and lhe engineers. Manin and Manin. who arc 1he same people lhal have worked. on this project. with Millcr/Ki1chcll before. we have not lapped in10 an)tlody new. so we arc not redoing anything ... Walker/Parking. they arc tlic same people and they have done lheir same visuals. They say the first thing thal needs to be done is you need lo look hard al 1hc structure. We h,1\'C to know exactly what we arc doing. He advised that to get crcalive we may have to do something thal isn 'I common. we have to be able 10 step out or the box and say can we put x amounl of dollars in and save 1hi s parking s1nac111rc . Well . he noted . once it is saved. ifi1 can be . wi1h x amounl or dollars. then all of a sudden we have a design problem . We have 10 go through and do some redesigning and put some money here . bul Ilic numbers get closer and tlicn they get funlier and then 1hc:y get closer. That. he said, is llicir ilcration process that e\'cry dc\'clopcr goes lhrough all 1he lime. You have lhose chcckpoinls 1hat say is this going 10 be doable . That . lie advised. is kind or our 90 day issue that was ,,. - • - .. .. • • • 0 Englewood City Council January 19, 19911 Page 24 .. • .. • • really put upon us to say we don 't want to spend $285 .000 and all these engineering fees and all these studies if we know we are going to have some deal breaker ... the stmcture isn't going to work and we are not going to get our transit oriented development plan. So . he suggested, lets have some point that we are halfway ... half the money, half the surveys, half the repons that get done. It is real meaty stuff, but at the same time we get our answer, we can move on with saying our vision isn't going to work or it is going to work . Bc:cause, he said. the hard pan you have is after all the time that has been invested in saying this is what we would like to do, this works, this feels good. we've got our anns around it , do you take that extra step to be able to finish the thought process . And it costs money and now it costs your money. That. he maintained, is the hard pan. Where you get it back is when you say ... now that is done. now that is finished, and it would be the same costs that would be provided inside any otlicr developer's proforma. Bc:causc, if you were to say to the developcr ... take these costs ... you would spend Ilic same amount of money, the same amount of studies. but it would be inside the same pro forma that you would be insuring that rate of return . So. he said, if it is $250,000 or $350.000 or $450.000, you will see that line item in a developer's proforma and if it is too much and the rate of return comes out 11 .4%, and it needs to be at 12,.., then you need to provide the difference. And if you provide $350.000 wonh of difference. then you have just paid the $350.000 for Ilic soft costs. He stated that the issue is ... what you do is you call the team, you direct. you are in charge and you may call tlic shots. It is the number one mle in real estate ... hc who has the gold makes the rules. So. lie advised. when you arc in charge you say we are going to work on this plan for another hour and we are going to figure out what tlic design will be. Pan of the issue you have, and it is just a risk issue. and you can make it ... and. he said. he was not even making a recommendation to Council on what it is ... but if they want their vision enough to be able to take the time and the money to be able to see if it can work ... tlicn that is the step you take. If you are not and you say ... it was all well and good. we enjoyed it. we enjoyed seeing what we could do. but reality is here and Ml need to be able to close off a developnicnt plan. this 30 days away from it... give us what the number is for that 100,,. retail plan and. he said, Council can make that decision too. So pan of it is a cash flow iauc of saying do we really wanl to spend money doing things that sure we will get some value out of them because there will be studies and sun,eys that can help reduce the cost. no matter what the plan will be, bul some ofit is just plain labor. And labor, he said. is wasted when you are done with it. if you don't do the plan. Mr. Leonard said thal he ,vanted to answer any questions Council might have . Dim:tor Simpson opined it was important to have Skip Miller come up for just a moanent . Skip Miller saillk -IICII CVCill sure.: coakl really respond. as he feds they have been enormously cleoeiwd . He noted that Gary Scars made a comment and Mayor Bums respoctdcd that they didn't get the Idler they expected of their conunitmcnt . He asked. by tlN>SC two comments. if there is an insinuation that -ha\'e DOI coopcrall:d in sending this letter. City Manager Scars advised lhat the Council really didn 't -know about the letter. Mr. Miller esplained that he was talking lboul their comments. about Council's response lo their comments. that the de\'Clopcr did not bring the letter that Mr. Scars reques1ed and that Mayor Bums was disappointed and indicated that they were noc cooperating. He sugges1ed they would want to repeat what they said about tlic letter that they were suppose to send in. He asked. to stan out, whal was Gary Sears conunent about Ilic letter. City Manager Scars explained that his comnicnt was that lie wanted a letter from Mr. Miller in tcmlS of where lhc commitment was and that came out of the meeting tlial they had last week . He said Mr. Miller didn't provide the letter, that he gave a letter thal lie asked tliat tlicy not forwa rd to the City Council. He advised that the issue to the Council is ... where are you with Ilic proposal that is being prescnlcd to the Council tonight.. .as a panicipa111 or not . He opined tlial that is really the issue and a le11er that would ha\'e clarified that. to go lo the Council . may liave helped identify that . but lhe Council wasn 't aware thal there was a letter. . ' .. •· • 0 ]- • En&tewood City C1N1ncil January 19, 1998 Page 15 ·, C • • • • Mr. Miller Slated he understood that and he fcll 1he confusion is. as he believed Mr. Sears just said. thal Mr. Sears wanted the lcller lo tell Council where they arc on this proposal . Mr. Miller commented 1ha1 if Mr. Sears was al the meeting he was al and if he listened 10 Bob Simpson and listened lo the message. which he said he hoped he saved. because he will dictate ii and send ii back 10 him ... but what he asked was that for them 10 respond lo the proposal. they should sec the proposal. He opined lliey thought ii was a rasonable point and Director Simpson agn:ed. He asked iflhey wouldn't agree . He emphasiud they have never seen the proposal. lhal they have requcSled ii and promised ii. He asked how they can respond or be accused of not responding, when they wcrcn '1 even given the proposal 10 look al. after they demanded ii. And this group, he said. has the audacity 10 say lhal they are not responding 10 ii. Mayor Bums asked Mr. Miller lo calm down a linle bit. 1ha1 Council didn't have any idea 1ha1 he didn't have the proposal.. Mr. Miller Slated 1ha1 Mayor Bums gave him permission lo talk and if he wanted him to stop talking he can set him down. Otherwise, he said. he will listen lo what he has to say. Mayor Bums emphasiud lhal he was chairing this mccling and he had no idea lhal Mr. Miller hadn '1 seen the proposal. He said they presumed that he had had ii . had plenty of lime 10 look ii over. Then maybe. Mr. Miller said, Mayor Bums can understand why he is aggravated. Mayor Bnrns noted he was not trying 10 get after him pcrmnally. Mr. Miller reiterated lhal they ha\'e never seen a proposal . Mayor Bums stated he did not know that al all . Mr. Miller staled lhal Mr. Sears knows they have IIC\ler seen a proposal. he knows tllal very well. And. Mr. Miller poinled out. Mr. Sears made the comment. which Council assumed ... which is propcr, 1ha1 they didn't respond corrcclly. He said they never saw the proposal and suggested they leave ii al that So. Mr. Miller said. they arc not prepared 10 respond 10 lhe proposal. because they have never seen ii . Mayor Burns noted that. in looking al ii . his name is 1101 011 lhc distribulion list . He advised 1ha1 all he knew about the letter was what Mr. Sears told him allcr lheir meetings last week. 1ha1 there was a request for a letter and some level of commitment and 1ha1 was all . Mr. Miller said he wanted lo go through it and he would calm down. He apologi:zcd . He commented lhal he docs noc know what Council is privy to. dull he assumed they knew the facts lhal they do and evidently they do noc . So, he said. he apologiud. Mr. Miller advised lhal they met with Gary Scars and the staff. which they appreciated very much. And they had the opportuaity to diSICUSS mall)' of the issues about this clevelopmcnl . He Slated they showed -(lOll(ICl1I at thal IIICCting about Ille 111e1hodologics lhal have been talked about. as ii relaled to the way the~-png lo procecxl . II has nothing 10 do with whclhcr ii is a TOD or not . He emphasilJCIII that they have noc worked on an all retail dc\'Clopmcnl plan. not mentioned the word, ever since the first time the Council suggcsled and \'Oled. about two or three limes. to pnx:ccd with a TOO. He commented that the way ii was discussed is like that is our allcmati,·e. if you want 10 work with us. that is what we want to do. lbal. he said. is noc where lliey are. lhal llicy told the Council al 1he lasl study ICSsion, that they were HMJ-/o desirous of cooperating lo bring about a TOD plan. 11ic concern 1ha1 they brought about. which Council Member Waggoner has asked about al every meeting and. he noced. he has responded at every meeting in Ilic same way. and we arc still there and ii has noc changed. Mr. Miller Slated they arc nol proposing an all retail . as ii is an alternative. that Ibey should decide tonight which difflCtion they want lo go. 11131 is DOI where they arc al all . Mayor Burns said that is fine . and he lhoughl lhal is where lhcy all thought the) \\'Crc . Mr. Miller agreed they arc all 1hcrc and staled ii is their desire lo cooperate. He maintained 1ha1 the place they lost their coopcrati,-c a11i1udc was 11131 1hcy assumed all along 11131 once ii was decided what this would be. 1ha1 Ibey \\'OUld be the dc\•elopcr of ii . As an c.~.uuple he asked if the City is desirous of contl'llding to do the fill and pay for whalC\'cr ii costs lo do the fill . He questioned al wha1 level does the City want to get in\'olved. Mr. Miller ad\'iscd 1ha1 lllC) afl!llll ,'Cl1Cme111ly al the meeting and then they met the next momi119 wilh Ms. Ullcr and Mr. Leonard lo discuss this. He said he thought they had a very . , .. .. • • 0 - • • E•&lewood City Council Juuary 19, 1998 Page 26 • • • positive discussion . in foci they were under the impression 1ha1 actually the nature of the contract was not going to deal with that yet . He said he talked to Mr. Simpson. thal Mr. Simpson left him a message and suggCSled that a lot of those details hadn 't been worked out. And that Mr. Simpson felt very strongly, that he understood why they didn 't tum the letter in and it was his opinion ... which Mr. Simpson will respond to ... that this was the right thing to do. because of the infonnation they had at the time. So. Mr. Miller said, they have not responded with a letter, because they thought they were prepared to cooperate as soon as they understood what they wen: going to do. Mr. Miller stated they arc somewhat surprised that the proposal tonight is for the City to be the developer and take on that risk and do those things. And. he added. they arc very much opposed to that He poiuted out that that has nothing to do with whether it is a TOD or an all n:tail plan. Mr. Miller stated it is their desire to develop the project and do all the st1Klics they want . He noted they do have some concerns with timing. He said they sat down and listed six or seven of their concerns. He advised that one of the things they border on, is that every time they say something that they think is a legitimate concern. that they arc kind of cast as being negative a1KI against evcr)1hing C\'er)-bod)' wants to do. Mr. Miller said he thought Council could appreciate the position they arc in in thal regard. bul they do have so1nc experience. they have developed -prupcnies before. they have done a lot of develop111cn1. He opined lhat the concerns they show mainly stem aro1111d risks and alSls. Since the lirst day that this proposal was talked about , and planned, the costs have never gone down. but have gone up. And. he said, there has never been any indication of how they arc going to be paid for. Mr. Miller advised that they cited that as an example of their concern at the meeting and they talked ,1:ry strongly about how we are going to work through this together to try to solve that problem. He pointed out that ii wasn ·1... if you can·, do this. let us do our plan . It was how can we work together to solve these problems. Because. he noted. they undcrstarKI what Council wants to accomplish. a,KI if 11 1s accomplishablc: they want to do it . He reiterated they do have significant coiiccrn. He said t~· were told a gain before tonight. coming to this meeting. that Council would be apprised of what those a,a proble111s arc tonight. so that when Council made the decision of what direction they arc going. tlw tllC) "''Ollld a t least 1111\'C some feeling about 1ha1 . Maybe again. he said, he docsn 't know "'1iat Council ha nta)tlc they received that in the package. Council Member Bradshaw stated that they ha,'C nothing. Mr . Miller advised that they had really hoped to 8\'0id a confrontation. they Wdnted to work together. they wanted lo wort wilb Mr. Leonard and Ms. UtlCI. They wallled to proceed in that direction and try to solve these ~jointly. He opillCd that tlic:y can call upon Gary Scars. Bob Simpson. Marilee Uner. Tim Leonard and the rest of the stall bc:c:ausc Ille)· all heard them say that . And. Mr. Miller stated. it is llill their desire. but llicy arc concerned about the ability to solve it . He explained there arc gaps that have been talked about, which have nothing to do with building City Hall with numbers in excess of$2S millioa. maybe $28 million. They. he said. make assumptioitS that all this ground nmls to be purchased t,,, the UICI'. such as Wal-Man and themscl,u. before it is developed. But . he noted. the cash isn 't therc and you arc still SS million shon . Mr. Miller said he has heard repeatedl y from discussions, where the Council has said. the last four votes. thal llicy want to proca:d with this with lhe full vigor and excitemcnl thal they ha\,:, and ...-c need to join together to do that . He said he thought lhat was great . bul he has to tell Council that he feels it loses a linle bit of e111husiasm. or the poilll gets a linlc bit kJll. when it is his bdidthat the Council's \'Ole, when they say go forward "'itb it. tha t they do11 '1 C\'Cn have. as Ms. Bradshaw just said. any infonn.11ion about the cost or dclicits. So . he said. using the example that Council told him lliat this is \\1iat 1111:)' wa111 10 do. let s get Oil with ii. Well . he ad\iscd. the) a rc read} 10 get oi1 with it, but he thought tllC) \\OOld be subJOCI to being cntici,.cd enormously 1f they dKln ·1 bnng up these issues. Mr. Miller stated tliat he did not know how Council cai, niake the decisions they arc making without having all 1hosc facts in from of them . He said that all they wanted 10 do was get those out. that that was the reason they met with stair 10 go O\·e r all those issues. . , .. • • 0 - E•&lewood City Cwncil Juuary 19, 1998 Pa~27 • • • Council Member Bradshaw stated that is what she has consistently asked for . Mr. Miller stated they would be happy to go through those things. but that he feels to some extent they have a muzzle on. He said they have never been confrontational with Ms. U11er and Mr. Leonard. they wanted to work with them. Right now, he said. Ms. Utter and Mr. Leonard are wt trying to do something. and maybe they believe in it and that is great . But. he pointed out. they happen to feel it should be done differently. Again, he said. it has nothing to do with TOD versus not TOD. It is the methodology of giving Cwncil what they want or finding out whether they can have what they want . Mr. Miller opined that the Council should know that. He said he sits around and listens to people talk about trash pickup and he would like to tell some of them. or have Council tell some of them, that we are $28 million shon and see what they think about that . He commented tliat that docs not seem like a group that is real intercsled in that type of a project . Mr. Miller said he also thinks that the citizens. if they knew what was going on right now. would be appalled. He noted that he thought many Council members ran on platforms. and there were quotes in the paper. that they were tired of studying this thing. that when they got in office. or reelected. this thing is going to stan . Now . be pointed 0111. Council is being requested to spend six months studying it again to see if they can get what they want. Mr. Miller said they have Mark Goldberg here . that they received a letter from Wal-Man. which Gary Scars received a copy of. and there is a concern . Tiicy want to stan their building by the first quancr of nest year . He stated that is 1101 doable if we take sis months. and even if we c:ome up with a positive answer. wc will not make that time frame . Addressing Mayor Bums. Mr. Miller said tliat one lime when he talked 10 him. without pointing fingers ... he noted that he got kind of angry, like be himself got just a minute ago. and said that he was tired of being threatened. He said Mayor Burns said not to threaten him about these tenants going away . Well. Mr. Miller said. last night in the middle of the night he looked up the definition of warning versus threaten and that he believes what they arc tl)•iug to do is warn somebody . He said he told his people that if a car is about to run over someone. you better get out of the way and he doesn't think that is a threat . He opined there is a problem here lhat Council needs to reali1.e and recogni1..c and stand accountable for and what can be done and how we nccd to go about gcttillg it done. Again . he said. they are not saying go build the Wal-Man and all of this retail and this thing isn ·1 going 10 work . But. he maintained. we are on a process that, in bis opinion. sis months later wc are going to be not funhcr along than we arc right now as to what that development plan is going to be. Mr. Miller said he told Gary Scars and the staff tliat bis biggest conccm is not whether it has all these TOD clements or is an all retail projc:ct . He advised the thing he fears the most is standing up in frottl of Council. six 1110111hs from now. and saying now what do we do. this clidQ.n. He said he kmws Couacil has a 90 day lmnllc. that that was put in because be rcqUCSled it. He suggested. at the meeting. that it be 6(J days because we have got to move along. And be said he asked that they see if they can fittd something 0111 in 6(1 da~ s. sec if we can pass over these thmgs. Mr. Miller advised tlicy liave 113d numbers from the day they met at the Cherry Creek Inn. when he asked Tim Lcoaard to stand up and say what they were and he wouldn 't . And. he noted. they are the same or bigger numbers today a1td there are no more answers. about 90 da~s latcr. than there were that day. And they are asking Council to hire them aitd pay them a significant amount of·~ a rid they say they need time to figure all this out . Mr. Miller said he thinks we are going in the \\rong direction . Council Member Waggoner said that he has quite a few conmicnls. He staled he rctnembered Skip Miller standing up and telling Council that lie would build a TOD dC\'Clopment . or he was in fa,'Or of building a TOD development , and make it look much like this plan. He said tliat in his opinion there arc a lot of things that have to be done with tlic plan. Mr. Waggoner pointed out that be doesn ·t think the traffic circle is in the right place. He noted that Mr. Miller \\.IS concerned about ha\'ing a roadway between the Wal-Man and the parking lot arid lie wa s also concerned about Ilic locatton of the theater. Council Member Waggoner stated that he thought those were things that ha\'C to be addrased . He opined that there is some phasing that can be dotic. maybe Ilic residential doesn 't come a t this time and that the developer. that wants to build a project . am tell Council those types of things. Mr. Waggoner pointed out that be never did sec a fin:il repon from the CRNA Compass Group. He said lie thought they were • I ' .., • • 0 I - • E•&lewood City Council January 19, 1998 Pa~28 • • • suppose to get us a financial plan. He stated he must 1~1vc about 50 or 60 questions on this $285,000 plus $28,000 proposal and he is not in favor of voting on it any time real soon. He stated he would like to see, and he thought it could be done, between now and the study session February 9"'. a proposal from Skip Miller telling us what he is willing to do on getting us. essentially the concept plan that we have before us. working into it the transit oriented development ponion of ii with the different uses. Mr. Waggoner said that if his figures are correct, as he added it up. that there arc still 403,000 square feet of retail and entenainrnent on that plan. City Attorney Brot7 .. man requested that Council Member Waggoner clarify which plan he is talking about. Mr. Waggoner advised that he is talking about the last Council proposal. Skip Miller noted he saw the plan Mr. Waggoner was holding up, that for better or worse. the Calthorpc plan that Council looked at and got all excited about. Council Member Waggoner said it was the concept that Council could agree with, that there was some movement of buildings that Mr. Miller was concerned with. But, Mr. Waggoner reiterated. if he added up the figures right there is 403.000 square feet of retail . Skip Miller noted that it is not retail shon. t~-it that is not the issue. That it is the cost to bring it about. Mr. Waggoner said lhal he understands t~-it . Mayor Bums noted that is one of his questions. is it retail shon or not . Mr. Miller advised tlmt it is not retail short at all Thal there is some retail in there. as Mr. Waggoner pointed out. lhal he feels may be facing the wrong way. its got to be tumod. but they can deal with that. it is not retail short . Council Member Waggoner pointed out that Council passed a resolution that said they wanted 400.000 square feet of retail and entertainment on that site initially. He said we still lmvc it with this plan and he would like Skip Miller to come up with a proposal by Fcbmary •i'. present it at the study session and lets sec where wc arc. lets get this thing going. Council Member Habenicht asked Director Simpson if the amount of money we are talking about. this son of value added. value this. who docs it ... arc these things that would need to be done by either the developer or so1neone, that they would need to be done anywa}'. Director Simpson stated that is correct . Ms. Habenicht said that what she is hearing is that Skip Miller could give Council these answers in a Md and these other people couldn ·1 give these answers. Director Simpson said no. Ms . Habenicht asked him to explain that. because it sounds like Skip Miller can come up with these answers, but these other people can't. Director Simpson stated there l~u been no deception , but there has obviously been some misunderslanding. He said he believes that what we were trying 10 get at toniglll was the issue of control . He opined that IIIID•-we an: bringing lhis up is that it is being proposed, and no we did not show this conuact to Miller/Kitchell because we arc still negotiating and working through this and trying to get an understanding of whether the City wants to do this. That is why wc arc talking about this issue. because it is significant to understand if Council wants to move forward. take control and pay for these costs up front. And there arc questions. Mr. Simpson ach·ised. that have to be answered. Miller/Kitchell. he said. has to answer those same ques1ions . Whether or not wc do it in the same time frame. that is a question. He Slated they arc going to have to absorb some costs to get to the same direction. Council Member Habenicht asked if Mr. Simpson was suggesting that this is so1ne1bing that needs to be doac anyway . Director Simpson advised that if Council wants to proceed on a transit oriented development plan. it has lo be done. The question is. docs Council want Miller/Kitchell to act as the master de\'Clopcr and sol\'C these problems and bring back some answers within a reasonable time period, by February 9"' or whenever that is, thal is one issue. Or docs Council want the City. with The Deepwater Point Company, to act as our owners reps and solve those problems. Council Member Habenicht stated th:11 her understanding was that ~"C had been workmg through tlus transit oriented development process. working with Miller/Kitchell. working with the City, working with different people and pulling something together where ll'C could all come 10 some agreement . She asked. ifwc were doing this Deepwater thing. getting the answers this way . rather than getting the answcn the -------- "' -. . .. • • • 0 )- • • Ea&lewood City Council January 19, 1998 Pa&e29 ·, ~- • • • other way, if that in anyway precludes or eliminates Miller/Kitchell from doing what they would be doing . Director Simpson stated they have been cooperating very effectively throughout this entire process and we have Skip Miller working very closely with us. He advised that Mr. Miller does not suppon moving forward with this kind of concept that is being proposed tonight and he is very adamant about it. as they can clearly see. Mr. Simpson said that he would also say that it is an issue that is being put on the table . Council Member Habenicht said she hears Mr. Waggoner's comments and concerns and she has a comment and concern too. She commented that she knows we have been struggling for a long time to a,me to this point to where we have a shared vision of a transit oriented developmclll . She said that so many of the keys to a transit oriented development that we have been looking at. saying that we want to have, that we believe that we can have ... that we have been told repeatedly and repeatedly and repeatedly by Mr. Miller and Miller/Kitchell that that is not feasible, that's not worbble, that"s not rnartetablc. that doesn't make sense. And a lot of what was done through the TOD process. with national attention, was saying yes it can be done, it can be made to have sense and we can show how this can happen. Now, she said. we an: asking that the proof of whether or not it can be done should either be made by somebody who is trying to suppon the process or somebody who has been against the process. She said she would guess that what would happen is that if the infonnation were to come from people who supponcd the process, say in 60 to 90 days. uh oh, this is not going lo work. then we go on and cut our loses or whatever that might be and go on. Or we wait and let all these answers be given to us by someone that has been telling us all along that it won't work. coming back and telling us it won 'I work . She said she is not sure where her level of accepting that would be . She said. if the work has lo be done anyway and the work is going to be done in a reputable way by professionals. that these aren't the people that arc going to be getting the work, they are going to be contracting to other people. She asked if she is understanding that right. Director Simpson stated that in any event they have to ask specialists. Council Member Habenicht asked if that, in a way. wouldn't really be the way to pull this all together. She said if it is somebody that is going to a,me out and say it. that this really can't work and then the developer has that risk taken away from him .... ycs it can work and I didn't have lo pay this to find out . Or if it is not going 10 work and we end up going with much more general retail 10 what was already done. Ms. Habenicht said it seems 10 her 11W might work for evel)11ody's advantage. She said she doesn '1 think control is the right word. that the issue is who is going to take responsibility for the decision . She opined that perhaps that should rest with die Council. Mayor Bums SlilWIDfcds somewhat ill agreement with Ms . Habenicht with this. that as long as we have shifted from retail/entertainment to TOD. and C\'Cl)·one seems to oommittcd to TOD. tltat Council has to ,et thelc answers to these queslions about numbers from somcbody . Whether its Miller/K.itchell or wlldller it is Deepwater. and who is belil able to do that for us. And if, he noted. we have I coatna where M could ha\'C a deal breaker oondition in ma)tJe 90 da)'S or even 60 days we could get an ..-at that time as to whether this thing appears to work or not and then do we have a scenario where Dcq,waier says it can wort and Miller/Kitchell still says it doesn "1 . Obviously. he pointed out . somebody has to be 1n charge. He said he is concemc:d that Skip Miller didn 't understand that what was being pnlpOICld to Council tonight was an issue of what he secs as control. or whether the Cit) is gomg 10 be the developer m oontrol of this or not . He comnie111ed that it seems 10 him that there was some brc:akdo,o11 1n communication or understanding there. But. he emphasu.cd. Ille) 118\·c 10 liavc: tlie ans-,,. from somd,ody liere. Mayor Bums stated that he was willing to go ahead ";th Dcc:p...'llllcr 10 get tile MIWen and it seems to him that we might have a situation of" ho. ulti11tatel). is the dC\'Ctoper if we SB) 11 works He noted Council can still make a decision as to 1'1IO it is. Skip Miller told Mayor Bums that that was a very good point . Mr Miller SIUd iaa,'be he I IIOI uticulating this very well. bul that he doesl1 '1 have any problem 1'1lh Dcc:p...-aier betn& tile pcopk UIIII apend the next 60 days or 90 days deciding if this works or not . That. he IIOlcd. 1 1n 1p11e of lilt raa UIIII lie doesn't agree with Council Member Habenicht . because they can 1'olt 1'1th them Mr Miller ad\ 1ICII . ' .. • • 0 Englewood City Council January 19, 1998 Page JO ·, • • • ... that they don't care if they are the point people or if Dccpwaler's the point people. He stated that what he really cares about. and what he thought was in the agrccmelll that has been discussed and been argued between them. is who is going to develop it once you decide this. He noted they haven't seen the agreement, so they don't know what is in the agreement in that regard . He said he docsn ·1 care if Council says they have the primary charge. if they want to call in 60 days and say whal you have decided. that is line. If Council wants Miller/Kitchell to cooperate and give them inpul which they have asked for. that is line. Mr. Miller advised that they have told them. repeatedly, they would cooperate during lhis period of time. He said he is very much concerned. as he has said. that in 60 days Council will 1101 have the answer. Council has had many. many differcnl periods. and he said. he doesn't wam 10 trace the history about promises to have answers. such as. Jets just finish this Clarion study and we will have the answer. He noted we negotiated a plan that they liked and wc liked and wc were ready to go and then everybody changed their mind. He pointed out we have been delayed. there has been MOA 'sand performing ans centers to stop this and Council has looked and looked and looked . He said in his opinion, and he may gain some credibility or lose some if he is right or wrong here. bul in 60 days Council won ·1 have any idea if you can do this project or not. He emphasized lhat he is vel)' vel)• concerned about it . Mayor Burns commented that. as he said earlier. Council needs lools. we need 10 have answers to these questions. because they can 'I make these decisions in a vacuum . Mr. Miller noted that as Tim Leonard said . many of the things they arc reviewing arc things that wc have reviewed. He said as Council might remember. and Dan Brot1.man was very strongly involved in this. that when there were negotiations with Equitable. that lhc parking garage needed $28.5 million of repair or $25 million. some number like that . And that is wlml we held over Equitable to get the deal done. Now Council is hearing that this project may work . you may be able to save the garage. Mayor Burns and Council Member Habenicht s.1id that is not what they arc hearing. Mayor Burns said not the whole structure. M,. Miller agreed not the whole stmcturc. but a significam ponion of 11. Council Member Habenicht stated thal is what Mr. Miller s.1id all along. Mr. Miller said no lhcy didn't . that they told Council that they tried lhat and when they c:unc back and showed Council that they couldn ·1 do that and showed them a new plan 11~11 got rid of that. Council Member Nabholz stated that were she gets really fmstrated here is that she gets resentful when she F'S into this attack mode. She said she was elected by the people and she really gets resentful when Mr . Miller puts ... • a position where she docsn 't know wl~11 she is thinking or "hat she is representing. Bol1om line is. she said. that she says the old anger. all this stuff. She asked Mr. Miller "1iat he can give Council. what kind of subsidy he needs to be developer of what Council wants. Mr. Miller said the same IUblidy they need. Ms. Nabholz staled that Mr. Miller specifically told Council. at the meeting of December 9"' or IS "'. "hc11C\·er lliat meeting was. 11~11 he could do a phase dri,·en 1rans11 onemed clevdopment project Mr. Miller said he docsn 't believe that 1s nght . Ms. Nabhol L said that 1s "liat she has a problem 10ith and she would take him to task on that. Mr. Miller told Ms. Nabholt. she can take him to laSk on an)11nng she "ants. but he 111s1S1ed that he told Council and told the staff I hat they c:mnot do an)'lhing they can 't do He empl~1si1.cd they c.1111101 make the numbers go awa). Council Member Nabholz stated tliat Mr Miller can 'I comnmnic:11c and he can 't agree and he comes in in an auack mode . Mr. Miller said that 1s nght . because this 1s the first time 11~11 tllC) ,,ere attacked He stated that if Ms. Nabholz had been invol\'ed in this process. 11~11 they 1~1,·e been here for three years. Ms. Nabholz stated she has. that she has been on the other side just as long. Mr. Miller stated lhey have been here for three years and they have not asked for one penny to do one thing. He pointed out there has not been one thing they said that hasn 't taken place. He m.1i ntained that lhe reason the Equitable agreement is in place is because of their idea to get it done. He st:ited he negotiated 11~11 deal. Ms. Nabhol1. said ... you negotiated that deal'/ Mr. Miller s.1i d ~-cs he did and he believed 11~11 Da11 8rot111ia11 k11010s that and the people that arc here k1t0101i IUI The lhiq ,,~,s :it :1 stalemate. Mr. Miller noted that lite) sat al a mcctmg where Tom Bums was O\'Cr across Ille street and s.1i d ok;t) ,,e arc read) to get stalled We had a press ' ' .. • • • 0 , )- ]- • • f.apewood City CIMlncil January 19, 1998 Page JI . . • • ,~ • conference ... we are ready 10 gel started . It stopped . He said to Ms . Nabholz that ii is lime lo do some attacking. it is time to have some frank discussions aboul whal everybody is doing. Council Member Nabholz advised Mr . Miller 1ha1 he has 10 realize where lhey come from 100 and whal they represcnl and what they wanl to see over there and the accountability 1hey need out there . Mr . Miller said that was fine. that she can attack him all she wants and if ii is doable lhat is greal . He said he has never said. and if he did he would retract ii . but he cannol do a phase development of a TOD. anymore than Mr . Leonard or Ms. Utter can . Ms. Nabholz said she recalled that Mr. Miller said he could bring in people. that housing wasn't his area of expertise, but that he could bring those people on board. Mr. Miller staled they said lilal if Council has a plan that works, they will not do the housing. that they will bring someone on board. Ms. Nabbolz said. then he is now saying. 1hat the plan that he sat down and saw lite concept , that it does DOt wort for him . She asked if that is correct . Mr. Miller stated that it is not a matter of ii not working for them. that he has doubts as whether economically it works for Council . He maintained lhat is all he aid. Ms. Nabholz said she agrees and that is why they discussed phase driven project . Mr . Miller reiterated 1ha1 he has concerns as 10 whether phase solves lhe problem. he doesn '1 know whether it is doable. Ms . Nabholz she said then whal he is saying is he doesn '1 know if ii is doable . Mr. Miller slated he does not know whether Council will ever get ti~,, done or he will ever get it done or whether Mr . Leonard or Ms . Ullcr will ever gel ii done . Mr . Miller said 1hcy have serious questions . He advised thal when he met with staff and Mr . Simpson. 1ba1 Mr. Simpson said 1ha1 every coricem he had was a valid ooe-and be said they were concerned about the same 1hings . Mr . Miller said 11131 is 1he poinl. thal they don't know whal we can do . Council Member Nabholi. asked if ii is 1ruc 11131 Council can look al lhosc by the S"' of February, i11 black and white . She asked if thal is correct . Mr. Miller staled Council can have them tonight as Ibey have pul them i11 writing . Ms . Nabholz said okay . bri11g them 011 . Mayor Bums stated thal obviously Mr. Miller has done research on this. as he has lold Council many. many times, that he has done Ibis background and ii appears 10 him 11131 it was basically on lhe original concept of enlertainmenl and retail . He asked Mr. Miller what he 1135 now lhal is a TOD focused analysis. that we arcn 't trying 10 get lhrough Deepwa1er . He 1101od he is co11fuscd aboul where Deepwater and Miler/Kitchell arc in lheir a113lysis of Ilic TOD. Mr . Miller said lie wanled to try to explain to Council that it has nocbing to do with TOD or all rccail . He advised thal the condilion of the parking garage and the ability to save it...the garage doesn't know whether ii is a TOD garage or an all retail garage ... so the isalCS and Sludies Ibey have made aboul lhe garage have nothing 10 do wi1h TOD or nothing IO do willl all rdail. Mr . Miller .. ,ed 1ha1 they do 11111 believe 11131 any pan of Ilic garage is savable . The amounl of din tbal has to be i__. in IO fill lhe sile is lhe same whether ii is a TOD plan or a plan f<N' all retail . He pointed oul 1ha1 Ibey have Sludicd Ibis. Mr . Miller staled 11131 lhe 1hi11gs they ha\'e Sludied. and lhere are many, many more 1ha1 Ibey have liludicd. of cnginc:cring. wilh waler and sewer. arc not dependent upon wbc:dler it is TOD or all relail . He said ii is 1101 like ... well you Sludicd all retail and now we are going 10 So lludy TOD . He advised lhcre are some dilfereHCC:S. bul lhe base lhings are many of 1hc same and 1hc same conccms they have had all alo11g about lhe economic viabilily of a projccl . He reiteraled rhey don·, ocnler on whether ii is TOD or Hot TOD . They ha,·e nothing 10 do "11h it . May<N' Bums asked Mr. Miller if 1hey ca11 share 1ha1 . if 11 is proprielal) Mr Miller stated Ille) have shared all of 1ha1 wilh staff. 1hey ha\'e given staff e\'erylhing. Ma)or Bums asked 1r ti~ ca11 shone111his up by sharing Ibis infon11a1ion or if we have a paral ysis of analysis Mr . Miller said 11131 Council Member Bradshaw said a minute ago ... a11d he commenled ll131111.1)1lc lhis is11 '1 a concern of Council . bul they are. quite frankly , nabbergasted by ii ... 1ha1 I here is some agrccmenl between your consul1a111s. forget us. 11131 have driven the numbers lhal show a $28 .S million sbonfall . Mr . Miller staled thal if all lhc ground is bought up front, by Wal-Man and lhe Miller/Ki1chell developers, there is some SS million sbonfall 1ha1 they lilill don'I have an explanalion for . lfllic Cou11cil la.1s11'1 licard lhal or seen ii . Ire said. maybe Council will give llrem so111C 1i11ic lo sol\'e ii . He said 11131 is firre. maybe 1herc are some ways 10 solve ii . bul Council al least oughl 10 k11ow it exists. Mayor Burns opined 1ha1 llrcy arc all ~ware 1ha1 1he numbers don'I exactly wort al Ibis point He said Ire docs 11ot 1hi11k 1ha1 is new . "' - • . ,, •· 0 - - • • Englewood City Council January 19, 1998 Page Jl • 0 • Council Member Bradshaw staled 1h.11 she hasn 'I sccn 1hc numbers. 1ha1 she has been consis1enlly asking for numbers and she has yet 10 sec numbers. Mr. Miller commenled lhal lhis is where ii gels confusing. He said Council Member Habenichl is .shaking her head thal she has seen I.he numbers and knows lhcm and Council Member Bradshaw says she hasn '1 seen them. Mayor Bums said lhey hear 1hat 1hcrc is a number. 1ha1 docsn 'I work . Mr. Miller asked Mayor Bums if there isn '1 a dilTercncc between we arc S2 or $3 million shon or we arc $28 million shon. Boch are numbers. bul, he asked. isn 't there a dilTercncc. He said isn ·1 there a dilTercncc in Council's concern about the likelihood of going forwdrd, if ii is one versus the 01her . Mayor Bums suggested that maybe they could hear from Tim Leonard. about. other than a number you arc short, how Council gets to look at numbers, period . Mr. Leonard stated they arc clearly not in any competilivc role with Skip Miller at all . He said they are not coming in as developers, put in equity money and take any kind of development away from Miller/Kilchell. whatsoever. Mayor Burns Slated they were told 1ha1 lhc first time they mcl with CRNA and Compass. up in Conference Room A. when they first sat down with us . They said they were 1101 here to push anybody oul. we arc uot here to take over. Mr. Leonard said exactly and that their role stancd as a volunteer elTon. as a community professional. to be able to say. can a concept like this work al a sile like this. And lhat. he said. was lhc whole issue . Aud then there was employment after 1ha1 10 be able lo say ... finish it. take an idea . hire Cahhorpc and have a TOD guru look al 1his and gel it 10 a transit oriented development plan. Mr. Leonard maintained there is no question. 1hat they have 11CVcr disagreed. that it got tougher to implemclll .. and. he said. Mr. Miller knows this as well as we do ... going from an idea to a concept . Bui. Mr. Leonard said. the first thing he wanlcd 10 say was that they are not in any competition. He stated thal 1heir agreemcnl with the Cily, as we discussed. as an owner's rep. is 10 represent the City so thal you get the bcsl product. for the lowest amount of money. in 1hc shoncs1 time frame, always . He said Council could say 10111gl11 ... we wam 10 do a rclail dcvclopmcm and we want an owner's rep making sure that subsid~· goes down to 7,,ero . He said we would be on the same side as saying we arc going to work together to be able 10 gel 11 1ha1 wa). bul Council is going 10 have lhc knowledge of exactly what lhc iSStlCS arc. So 1ha1. he said . is 1hc first issue. so an)1hing in 1ha1 agreemenl. lhcrc i511 '1 any implementalions. we talked about before. how it gets implcmcmed ... we have IIC\'Cr represented that we were going•• aa,y pan of the implementation. lo come in and be a lhrcat. He noted 1ha1 Skip Miller has raised concerns 10 make sure 1ha1 lhe implcmcma1ion would go 1hc best way for lhe City a11d Miller/Kitchell as possible. and Mr. Leonard ad\'iscd 1ha1 lhcy said 1ha1 is absolutely something they would cross when they get there. Because. he said. thal is pan or the development plan. that is how it gets implemented. So as to whether Council has or hasn'I scen lhe agreement. it is an owner 's representative agreement, just like you wouldn 't see the agreement that the attorney would hire another attorney to rcpre9C11t them in any other negotiations. Mr. Miller staled you also wouldn ·1 be asked to commenl on it and be embarrassed by why we didn ·1 comnicm on ii ci1hcr. Mr. Leonard said 1ha1 how you com111CIII on being able 10 work wilh an ow1icr 's rcprcscnl:lli\'C is the commc1111l~1l Mr. Miller said before .. 1ha1 he would cooperale wilh an owner 's rep. period . Ma yo r Burns acknowledged 1ha111~11 could have been a misunderstanding up here. He said he \\as 1101 sure ii is c,·cn fair 10 ask him to comnicnt. Righi. Mr. Leonard said. numbers. numbers go. it wc111 from S2K to $JS million. ii \\Clll to S<, million ... every day lie runs a new spread sllCCI and ii depends on what your assumptions arc as 10 \\li:11 goes in10 11 . He said lie wanted to address sonic of lhcse rcpons. Mr. Leonard explained lh:it when 1hcy were III Ilic CRNA process they were lold we didn '1 have lhc lime as volun1eers 10 read lhrough a slack of s1u1T. we had very little, we just came in wilh ideas and said lcl 's sec how we can implement llicm . All Ilic way lhrough 1he proa:ss, all we ltcard , and lie said lie lalked to RTD . W;1lkcr/Parki11g and Miller/Kuchell. was thal they all said the parking deck h,1s got to go down. there is no s;1lvagcablc lbcrc. And 1he plan we ca1ric up wi1h. he said. after lhcy drove through and s;1id lhcy could11'1 believe ii . is. lcl's lmvc a pla111ha1 somehow 53\'CS ... • • • 0 • Englewood City Council January 19, 1998 PageJJ •, • • t • • this parking deck. Mr. Leonard stated that sure enough two weeks ago, we get all kinds of parking studies now that we arc into this course and sure enough what docs Walker/Parking say ... that we estimate that there is a useful life of at least ten years. Well. Mr. Leonard stated. we had said five in ours. So it is in there. He advised they were driving with Martin and Martin. the engineers. the same engineers that have bc:c:n working on this project forever, two weeks ago ... Rick Kahm and Chuck Esterly ... they were all in the car and the local architect. which there hasn't ever been a local architect on the project, has said you know there has got to be a way to be able to make this parking deck work. And Martin and Martin. as they talked to the architect. said. you know what. there is a fifth alternative. In all our plans there were four alternatives. but maybe there is a fifth one. Maybe we can use this as a form and save some of this by pouring new slab on top. He pointed out it is a whole new idea that has never been presented before and the issue comes in is when you say we really want to make this work, we want to push the envelope, stay up longer and work harder and we want a couple ofvohmtcers that have said we think this is doable. we really want to make it work. Mr. Leonard stated they have worked with Skip Miller the whole way and he has bc:c:n very supportive the whole time. of being able to say what do you need and how can we make it work. He added tllat Mr. Miller has been very realistic. that he's saying he thinks when you get done. it is not going to work and we have s;1id. we think when we get done there is a way to be able to make it work . Now, Mr. Leonard pointed out, that one ofus is going to be right and one is going to be wrong and that is okay, that is a professional issue that we can go solve. The issue is are you going to take it and be able to make it work. He noted when they had their discussions last week .. and then later when they met the next morning. we said an owner's rep would be great for the City. Because. he advised. we could drive to the issue and hit it and work together to come up with a plan. because no mailer what the plan is its probably not going to look like 100"!. retail development and its not going to look like the concept plan. But it is going to be a plan that our charge was, to make it work without a bond issue. to make it 111'0l'k witllout subsidy from the taxpayers. He stated they can make that work and the numbers go all up and down. and the solutions arc tough . Bui we were going to work together 10 be able lo do it . So. Mr. Leonard explained, their issue is IIOI a confrontational one. their issue is not what arc we going 10 do and who is going to do i&. The only issue Council has in from of them. he opined. is are you s;1yi11g this is going 10 be an impossible task. we arc IIOI going 10 take the risk in time or money , so therefore scrap it. lets go. start in witll the developer's agreement and be able to do it . And you still have that time fra1ne in then: that you don't know. we don 't know and Skip Miller doesn't know. what is going 10 be the subsidy required fOI' that plan . Either way, he poimed out. you are going lo be paying some money. front. middle or end and it is just a 1111111« of what do you want to gel for your money in today's time and in the future . And. he said. that is .. what is in front of Council . He stated they have no beef with Wal-Mart. Skip Miller OI' anybody else. Mr. Leonard advised they said they would use Kitchell . He said at first they wen: gomg to put together a team that did not have this contractor on. because this contractor is in California and we said we want somebody. just like we want a local architect. we want a local contractor and we can have numbers . And Skip Miller said we were making a mistake. that they have done lots of 111ork and crunched lots of numbers and Mr. Leonard stated that they agreed he was right . They an: going 10 be on. odds an:. the way we an: going 10 implement ii. for what is best for the City. is 10 have one contractor do it all. so we want to work with them. He said Council will sec on their sheets. the people lll'C work 111ith an: Miller Development , Kitchell Construction . And that is part of it. so it isn 't a confrontational issue until II stans to get up and say well these guys can do something different than these guys. He advised the) wouldn ·,. that whenever they do anything that has retail . Skip Miller is right there. Whether it is meetmg 111i1h Sony OI' Wal-Mart or whatever it is. it is being able to design a thing that fits properly. Then: is no quesaion. he Slated. that it is difficult when you put a Peter Callhorpc in the middle of ii. because ii is tough. because he pushes the en,1:lope 01110 an e.~lremc that makes it harder. Our numbers lll'Clll up significantly and the ways to solve ii were significantly tougher. He advised they wn:stlcd with being able 10 say ... let 's be your owner's rep. but not even pul a Peter Calthorpc on the team . Because. he said. 111'1: don ·1 have the time or the money lo be able 10 drive and get the price and the results that we want . So that is part of the issue they are wrestling with and. he said. even Skip Miller had made sun: 111'1: can have them. but control them. Pan of what an owner's rep docs is gel them down and control his time and his dollars. He reiterated that ' • • • 0 J - • • Englewood City Council January 19, 1998 Pacel4 '· • • • .,. those are the things they are wrestling with and the owner's ag,ccmcnt, which Council has in front of them, is their best shot at being able to take all of the costs you would have to do a proper due diligence, taking it from one to another, and being able to give Council a set time. Mayor Bums said then at that point you are not deciding who the actual developer is. Mr . Leonard said no , ii is almost the opposite. They are assuming, from day one, it is always going to be the ~ who is standing right next to us , wodting with us the whole way through ... Miller/Kitcbell. So, he pointed out, they have never made any assumption or thought anything odlerwilc. Council Member Garrett aJIIIIIICllled that he has a lot of qucations OD the coatracl, but pulling thole aside ... one of the things it says Mr. Lconard will bring to the table in this pnx:css, is a ldta cl illlCDI from the general mcrcbandilCI' from the cinema. He asked how be will do that without, in aaeocc, the developer. Mr. Leonard advillCd Ibey do it with the developer. Council wan11 this product done and they want to make sure Iha& you have a plan that is implementable . In other words you would have the UICl'S that would stand up and say ... 1 can take that site, deliver it at that time, in that condition, for that price, inside that development, I will do that. That, he advised, is what a letter of intent says . He said Skip Miller is right there doing that, and Mr. Miller has one of the letters of intent himself. Mr. Miller has to say I will lake all the retail, I will buy all the retail sites, I will pay that price, for that kind of site, for that kind of retail, in that kind of time frame. He said if you gee a picture with purple trees on it, that says this is a great deal, but you have the Wal-Marts that say sorry that is two years behind schedule, so don 'I look to me to go inside that pretty red box ... then you have no plan. So the plan is, Mr. Leonard advised, to be able to sit down with each one of the uscn and say how do you make this road do this, or give me more parking here, too many tm:s, what about the covering in back of the trash containers. All that stuff', that is the kind of stuff' every developer docs in the meantime . Mayor Bums asked if that was what he was saying, when be was saying. wc get thclC people together, wc get thclC leners ... and that is what they mean by a~ plan. A plan that they an: all together with, that can just be implemented. Mr. Leonard said that is it exacdy, bcawlc walking out olthe development plan IIICCling. which is the meeting where you say this is done _. and it works and it is a 7.C10 sublicly and WC like it. It is not exacdy like this, it docln 't have the past this big. the t.raffic circle is IIICMd over here and IOIIIC oltbelC things have cbanpd. Bul, be IIOlod, you can IO clown the lill and Skip Miller stands up ud says I like it, it WOlks for me. I can afford it ud the 1N111111en an: okay. Wal- Mart says. ii WOIUfor me. the tilllillg is pauper, the City, all the bond pys say the buildin& works for me, Rm says ii worts for me. the rcsidealial developer says the pll8lina -11&. All lhal works and evceyt,ody says it is implernenlMlle. Then the Council either says. I don't like it becaulc the past ilD 't big caouah, so forget the whole thing and lels go to IIIIIICOing dK, or they say Ids 90 do it. Council Member Bradshaw asked Mr. Lconard if all the people lilled in the coatracl, as far a ICam members. are on board with him at this IIIOIIIClll. Mr. Lconard said just about. Ms. Bradshaw said just about . Mr. Leonard noted that they have had two weeks to try and aec who they necdcd ud all the work they needed done. They met with Martin and Martin, dnwc out in the field, and they have done a iq,ort already. Mr. Leonard noted we say ... wcll can we pt a propNal from you ... and they say forwbat, exactly. To investigate the fifth propNal. to aaalyze con: l8lllplcs, to do llnlCIUral inlcgrity ... wlull euctly do you need us lo do. And. he said. WC told diem WC don., ~ yet. Mayor Bums asked if these an: the same IUbcontl1lc:ton Skip Miller -propolina. Mr. Loonanl aid be thought most of them were, that Skip has worked with Martin and Martin, bul lie clidn 't think be has with Walker, but they used the same repon . He aid he didn't think tlUlpOfUllioa lbdl' has bocn done . Mr. Leonard rcspooded that IODIC IR and IOIIIC arcn 't, the cxpelllM Clllel WC do, WC overlap . He adYillCd OD the 19'" of December he asked for a propNal from Walker and be Fl it five dlys 1111. AIIII tbat, be llid, is the kind of lead time ... lhat he can't call up ancllody and ay this ii wlull wc need, come out to the site ' . , .. • 0 - • • Englewood City Council January 19, 1998 Page 35 • • • and give me your proposal , so I can lock in a dollar amount . Thal . he noted , is the problem 1ha1 they have had . He explained that the usual owner 's rep procedure is lhal everybody works for you , every check 10 every survey. or whatever works. for you and lhe owner's rep works on a retainer and says ... listen I am your employee that you famlCd oul , and I'll pul all these people undcmcalh you and if the cost is $10.000 for the report you pay $ I0,000, if ii is $12,000 you pay $12.000 and if ii is $8 .000 you pay $8 .000 . I give you a budget and I try to keep you inside that budget. but if ii is over. if ii is under. it doesn '1 matter. He advised that he is just saying is that he is going to give you the best for the lowest . This is different . this is one that says I don't care, you 113\'C to pay this amount of money, you 113ve to deliver all of this. I don 't can: how much time it takes. I don't care how 111311y surveys you do . how nl3ny core samples ... you have to figure it out . Mr. Leonard stated that is the risk shift and they can do either one Council wants. this was a new program. this kind of pliasc it is ROI nonnal to do ii . II is in the project 1nanagemen1 phase. when everybody says wc know who arc players arc. wc know who arc developer is. wc know everything ... now jUSl go manage the whole project and make sure it gets done on lime on budget or sooner under budget . That can be easy . This. he pointed out . is tough . Council Member Bradshaw questioned whether Mr. Leonard l13s the expertise 10 do this Mr . Leonard said absolutel_y . Council Member Clapp said she jusl wanted lo make sure she understands this. Thal the way she has always understood it and the way she still believes this is going. is 11131 Mr . Lco113rd is basically acting as a project manager on behalf of the City . Skip Miller is still the developer and we arc talking about getting hard numbers within 60 to 90 days that Conncil can evaluate and they can put those up next 10 Skip Miller's and they have finally come up with a plan lh:U this Council likes . She stated Council likes wl13t they sec and she secs 1to reason why we would 1101 pursue that . Mr . Lco1iard advised 11131 the only thing he would caveat is that they don't put them next lo Skip Miller 's. because he has been working with them . his numbers arc our numbers and Mr . Miller l13s every single spread sheet he has every read . Mr. Leonard advised that he and John Loss have been working on them so they estimate the same cost 10 do the same thing. The only thing that would be different is if Council s.1id ... I don 't koow where this process is going to end up. I want Skip Miller to finish the development process under his 100"/e development plan IO they could compare dollar for dollar what his subsidy would be on that plan '-isc ... wc will pay $2 million 1110re for this over this and so wc want to see ... if its at $3 million and $S million or is it $3 aillion and $8 million and lhcn we say sorry . But . Mr . Leonard advised, part of his problem is that Maot ~ has to say bow much the price would be. but also how to solve it. That is the cliffcrcncc ... 1 developer can say here is $3 million. write me a check out . An owner 's rep project manager says ... and here is how you do il...there is an $fl million problem so you have to do these with bondli and thcllc over here and these with rebates and these with this and that. And yes. he ROled . there is no qucllion ... Skip Miller loud and clear ... I won ·1 prepay for the land . Mayor Bums stated tll31 was the point he was making. Skip Miller has his numbers. obviousl y. and he has had them for S0111C time. Mayor Bums asked how they get from that to wl13l Mr . Leonard is doing. Mr . Leonard stated he docsn '1 have a subsidy number for IOO% retail plan. he needs to finish that time frame out. Mayor Bums commented that even Mr. Miller is saying 11131 he is not even proposing 1ha1 anymore. that he is willing to do TOD . So . if we arc going to do TOD . lets stick with TOD . If al the end o(60 or 90 days you arc coming back and saying thi s docsu 't work ... this way or ROI . Mayor Bums asked if we have a way to scale ii down or change ii so l113t ii will work and still be a TOD dcvclopmenl . He opined that is important . Mr . Leonard advised that is wl13t tile) will be working on al the same time . He said if they discover that they l13vc a deal breaker. then we would j ust pop our head up and say we have a problem . And. Mr. Leonard advised. we did . we ran core s.1mplcs. tllC) ca me back . and we can 't do A. B or C ... ii can't be designed around the numbers . they arc going through the roof. they can 't be controlled and there is no way wc arc going 10 get 10 an ything 11~11 resembles thi s. So . he advised, what they suggest is that ii is going to be this plan plus thi s. 8111 . he noted . ii is not going 10 be wtld ideas . ' .. .. • • 0 • - J • Enclewood City Council January 19, 1998 Pa~J6 . ' <. • • (• • Mayor Bums opined that they have to jump on that structure problem right away, because that seems to be a really big issue. Mr. Leonard agnicd that it is . Mayor Bums asked Council Member Garrett if he had questions, speaking lawyer to lawyer, about the language oflhis thing. paragraph by paragraph . Council Member Garrett stated that clearly there are issues there. Council Member Waggoner stated he has a lot of them. Mayor Bums asked if he has amc:cpt issues. Council Member Garrett stated that he would like to talk to Mr. Miller. Mr. Garrett said just so they know, that he and Council Member Nabholz heard something slightly dilferem. that when wc went to this particular a>nc:cpt he heard everyone saying you really can't phase it in ... it was the earlier version when the residential was son of up in the nonhwcst comer ... because, he noted. he asked that question . Council Member Nabholz thanked Mr. Garrett and told Mr. Miller she was sorry. Council Member Garrett commented that somehow there was this impression, there was a change of a>nlrol and who was going to develop the project . And now. he noted, we have heard Mr. Leonard just say now there is really no change in the control of the project. He asked Mr. Miller to respond to that. because he is hearing so111Cthi11g slightly different and he would just like to hear his thoughts on that . Mr. Miller commented that it is very difficult to argue with the idea of lets spend 611 days with consultants. and you hire someone to do that. and then lets sec where we arc and go forward . But. he noted, the discussions they have are much 1nore in depth tlian tliat. He stated it really boils down to the fact . and maybe there is nothing wc can do about it . but we have been here for over three years and he lias no idea what the commitment of Council is lo them . He said he has heard. and every thing they have heard. has been positive. that he is still the developer. Bui , he asked. what liappcns if the numbers don ·1 work or somebody else will pay a little more. He said they leR breakfast and discussed the idea of who was going IO negotiate the Wal·Man deal ... us or them . And. he advised. ii was Mr. Leonard's attitude that the only way for the City to get the best deal was for them lo negotiate. because we may give them 100 good of a deal. Mr. Miller stated that concerns him . He opined you have lo look at this thing in two or three stages. l1ic stage of spending 60 days 10 find out whClher w-c have any problems. or 90 days to sec if we can go forward or save the garage. he said they have no problem with thm issue at all . They are very much on board and would fike to help. He said they have some opinions about it and if anybody wa nts to know he would give thcia.llis opinions about Ille garnge and some of the concerns he has about ii and some of the a,nc:ems his consultants have about it But . he noted . he didn 't think tliat was Couucil Member Garrett 's question right now. that he thought it was more about the direction we are going. Mr. Miller emphasil.ed that they have asked repeatedly. and Gary Sears was good about it. because he asked him. but he wanted to know what their role is. what do they wa nt them to do. If they get through the study and say wc can do ii. then. Mr. Miller asked. what happens. Agam. he noted. there were COll\'Crsations they had with Mr. Leonard. and he doesn 't think they were confronta tional. . .just two different ways of doing things ... that it was originally proposed that they w-cre gomg to do the din work and deliver the site filled and we bought the sites. Mr. Miller advised that he told Mr. Leonard and Mr. Sears. unequivocally. that this is a threat . if that is the deal we want out. wc don 't want a n~1hin g to do with tliat , that is not workable for us . Mr . Miller stated he has no problem in the st1id) phase. but once we stan implementing things and we stan dealing in the areas with Wal·Man . wnh reciprocal casement agrccmems, operating agreements. development agreements. which tenant s c.1n go in and c.1 n ·1 go in and how close restaurants can be to them. then heh.is to do that . He noted 1lus 1s :i project ongi1~1II~ .. 110\\ he doesn 't know wha t II is ... but originally it was somewhere around a $40 nulhon project 11~11 1hcy are going 10 probably have S IO million of their tnoncy in it . He pointed out 11~11 they thought they should be the ones to decide some of these things . Not whal ii looks like or what is in it in a general sense. but how ii gets developed ... what the din IXISl , what lhe utilities cost. wt~,, those agreements are. He said there were issues. the last time they tried 10 negotiate a development agreement they were dealing with coming up will! a list of tenants that were ' ,,_ • ' ' .. • • • 0 I Englewood City Council January 19, 1998 Page 37 ·. • • • acceptable and not acceptable to the City. And they would work with that and tried to list those and negotiate the development agreement . So. he said, they were giving the City some control. but it wasn 't that they were going to finish this thing and say here is your deal . go do it. Mr. Miller stated that that is not their idea of a developer. Maybe, he said. they have had some communication problems or lets say we have had some . But. he emphasized. he still. standing here today doesn't know what their role is, he has no idea, where they are or what they are supposed to do. Other than they are supposed to cooperate with them, which they will do and Mr. Miller said he was not saying tha1 faccliously . but 1hen he doesn 't know what happens, he doesn't know where lhey are. Council Member Garret! said lhe proposal, and he asked lhal Mr. Leonard 1ell him if he is wrong, is lhat after this developrnenl plan as proposed is dc\'cloped. 1ha1 Mr. Miller would buy 1hc relail . in essence. Mr. Garrett said thal in his mind lhat would mean lhat Mr. Miller would wrile a check for the land. Mr. Miller asked in what condilion would they buy that land. Council Member Garrett said he did not know. Mr. Miller stated he docs not know if they have resolved that . He said that is not a leading question. he just doesn't know if that has been resolved. At one time ii was, but Mr. Miller staled 1hat if ii is wuaolved then they are concerned. because they don 't want to spend a lot of time going forward if it is going to be the other way. Mayor Bums askedtfthat is pan ofwbat Mr. Leonard is supposed to develop for us here. But. Mr. Miller said. that he though! in fairness they need to undcrsland what !heir role is before we go funhcr. And 1hcy need to understand what their posi1ion is going to be. He said it is 1101 ... well I hey are going 10 spend 1his time and then well if it happens 10 be the way you wmu to do it . you can do ii. if you don 'I. 1hen you can get out . Mr. Miller poinled oul I hey have spcul a lot of time. Mayor Bums said if Mr. Leonard 's studies develop Mr. Miller's role , and if Mr. Miller needs to know ,.. what it is right now. then we are in two completely different camps here. Mr. Miller said he was sony , he didn't understand what he was saying. Mayor Bums said if Mr. Leonard says that the idea of the study is to cletennine whether this works and what the role of the developer is. whal you are going to do. wc are going to have a development that is ready to go and Mr. Miller says he has to know right now. then those are two very different positions. Mayor Bums asked where are we . Council Member Waggoner said he ,111s not sure what we are 1alking aboul when we say we don '1 know He comrnentedU be thought we did know. Mayor Bums said know what Mr. Miller said all they want is clarification. Council Member Waggoner stated that for sure we know that this is 1hc concept of the plan that wc want. He asked if that was concct . Council concurred. Council Member Waggoner stated that he spent three days in New York City teslifying before a judge. when Equitable tried to close down Von Frellick. The teslimony w11s about the parking structure, they wanted to shore it up undemc.11h . so ii would handle the traffic and the heavy loads that were on the IUUCture . About two or three years after that they had three consulting engineering !inns trying 10 convince themselves 1ha1 they could put three inches of asphalt on the parking structures. Council Member Bradshaw said on lop of the b.1d foundation . Council Member Waggoner said 1ha1 was right . Mayor Bums noted lha l lhal was one of his ques tions. as he has always heard 1ha1 the foundation was unsatisfactory and they don 'I build them that ,my any more. That. he noted. is an old concept as to why that place was never stable. ' '• • l • . ' .. • • 0 )- • Englewood City Council January 19, 1998 Page 38 ,. • • • Mr. Miller advised they were 1101 here to tell Council the parking garage docsn 't work. but they studied it and they have a lot of concerns. He said they could talk to anybody and he thought Council would agree. that one of the reasons Cinderella City had problems was people didn 't want to go in the garage when it worked. When it structurally worked it was a real negative thing. it is a real ugly mess . Again. he said, there are issues, these are just highlights ... not for discussion ... but in order for RTD to work you have to take out a bunch of the columns, buses can't maneuver in there. Mayor Burns said he understands all that. but that he sat here as a resident and everybody else did also. watching them work on the parking structure for years and what did they find out . He noted Mr. Leonard is talking about visual observations, but somebody must have done a lot more than that . Mr. Miller stated they did a lot more than visuali7Jng and that is what their concern is. He pointed out they will see that the Joslin's ponion is concrete and the restructuring company went in and fixed it. He advised that wasn't a visual, we know what they spent and they told us and gave us three proposals that indicated it will cost as much to fix it as to rebuild it. because they did the work . But then. he said. we've got somebody that is driving an architect by saying that they have an epoxy deal that will give it a HKI year life and he 's thinking there's something to look at and we ought to expand and look at those things. because it still might happen. Mayor Bums asked if we can't share all that information. don't we all know these things. Mr. Miller said that is what they are doing and he docsn 't know how to get to an answer. City Attorney Brotzman stated he likes to go back lo simple easy concepts. which was a question tonight . Everybody said we want to develop that picture. He explained 1ha1 lhc question is do they have Skip Miller as the developer and Tim Leonard checking up on him or should lhe City be the developer and hire Tim Leonard as our consultant and Skip Miller checks up on Tim Leonard. Mr. Bro1zma11 explained that if Skip Miller is the dC\•eloper he will be asking Tim Leonard to do.all the details in 1he co111rac1 of what Skip Miller has to show us. If Tim Leonard is doing the contracl, he advised, he will be talking 10 Skip Miller to do all the details in the contract so Tim Leonard comes 0111 okay. He poinled oul they are talking about who is the developer. who is checking up on who. Mr. Miller said that is well put. that he just wants to know what their roles are. as he never knows when be waJks out of a aeeting. what their role is. Council Member Waggoner asked if they aren 't talking about one other thing. He said aren 't you talking about also who pays the cost of the infraslructure. He was told no. Mr. Waggoner asked where that lies . Mr. Miller advised that the costs arc going to be costs. that they can show Council the whole picture. either Tim Leonard or them or collectively . He stated they arc going to have an economic package for all of it. which will be infrastmcturc as well as C\'Cry other pan of the dC\•elopmcnt . Council Member Waggoner asked if it will be under one dC\•elopment agreement. Mr. Miller said that is what he docsn ·1 know. He stated he was told one time that some of the infrastructure may be done. we may do it . He reiterated that that is his question. Council Member Waggoner conunented that he was really confused . Council Member Habenicht noted 11~11 City Attorney Brot1.11ian staned to answer the question she had . She asked Gary Sears and Dan Brotz11~111 if they were both in this most recent meeting. She was told that Mr. Brotzman was 1101 . but Mr. Sc.1rs was . She asked City Ma1iagcr Scars what his understanding is If he feels comfonablc. feels confident. that he can respond to Skip Miller's questions as one person and if he feels confident that this could be worked with. through Tim Leonard. in a positive way . She asked if lhat would be a benefit to the City staff in working 1hrough this. would it be a detriment or would it be an extra drain. She asked if he felt he could talk directly to Skip Miller and let him know. ' . ' .. •' • • • 0 , I - ] • Englewood City Council January 19, 1998 Pacel9 • • • City Manager Scars said lhat he felt City Attorney Brotzn~m kind of summarized the issue and that is what they were really trying to get to tonight. He opined that although the dialogue has been \'Cl)' helpful as to if there is a sense of cooperation in terms of dealing with the specific issues. He said he hears cooperation, but he doesn't hear cooperation . He stated he doesn't hear that this blend ofbolh Deepwater and Miller/Kitchell ha\'C really come together or we wouldn't be 1~1\'ing this in depth discussion. He said he would guess, as City Attorney Brol7.man said. that there arc really two sides of lhe role. which is. do we hire the expertise and the quality of Tim Leonard and Marilee Utter to bird dog. watch the infomiation that is put together and be, son of, the City's representative. to take a look al the proposal tliat Skip Miller comes up with. Or. do we ask them to put together the infomiation and ask Skip Miller to work with them to develop lliat. Mr. Scars said he would guess he's of the opinion. 10 a ccnain extent. where he thought it would be helpful for the Council to get a proposal from Skip Miller. in lcnns ofwliat he can do. in terms of the proposed TOD projcc:1 and what the costs arc and wh:tt the difference in costs are. And then see how good the proposed contract is and have the contract IC\'icwcd by Tim Leonard and Marilee Utter to detcnninc whether or not lhal is doable. And. he noted. have them work with us 10 tweak the infomiation to try to add value to the development. allcr an agreement is prepared with the developer to develop the propeny. Mayor Bums asked if the contract. which was proposed tonight. is 10 make the City the developer for pwposcs of this examination. He said he heard not. so he is not sure where that gels us. Where Tim Leonard is explaining ... if you wanl TOD and you want lo say you want 10 figure out if this works. then we can do that for you and th.11 is wliat we arc proposing. Bui we arc not saying the City lias become lhe developer by going into the contract . Mr. Miller s.1id they are not suggesting 11~,1 the City be developer. that developer is a broad term. He opined that what they need to do is define the roles and understand who has what responsibility . He said lets forget about who is lhc developer or whatever term you want 10 use ... niastcr developer. Mr. Miller stated that he wanted to respond 10 something City Maiiagcr Scars said. because it is imponant. He acknowledged tliat he is probably as naive as can be here. but because he only knows the way he and other developers do l11ings. that all the things that they do. he docs for nothing as a risk that they are going to do the project . Mr. Miller pointed out that they don 'I sign a contract to h.1,·e the City pay x dollars to go out and investigate the garage. 11ial, he stated. is their responsibility when they were picked as the developer and they have bcal doing tliat at no cost . •IOI even requesting a penny. with no contract whatsoever. Tiiat. he maintained. ii wllat d!M:lopers do. They take those from end risks . He noted the City can have somebody consult with them. which they would love to have Tim Lco1iard and Marilee Utter do. and they would waich wliat we do and niakc sure that we get the right numbers so we are DOI cheating the City or lkiauning the City in anyway . But. he said. it is 1101 the dC\'Clopcr 1ha1 builds something. Developer means a lot of dilTcrent things and when ~ou S:t) the) arc 1101 saymg they are going to be the developer. they -doing I developers fwtction. da) 011e City Manager Scars said he is right , but as the ®~icr of Ilic propcny we are coming up with an agn:,cmcm with Mr. MiUcr and we need to know what the tcnns of 1ha1 agreement arc, as 10 what wc need 10 pay for. So, he stated, there needs to be an agreement and 1ha1 is ;111 we are talking about . Mr. Miller stated that they have had I development agrec111e111 on the table. Mr. Scars advised tliat his proposal is thal Mr . Miller present that to the Cit)' so wc know what that is and we would look 10 them to assisa us in taking a look al whether or IIOl ll~u can be dc\'clopcd or 11~· represent us during the time he de\'clops 1he projcc:1 over there. Mr . Miller advised that he was only l1)'i11g to define some 1en11s. because he thinks that in the simples! term. the developer is 1101 just lhc guy who builds 1hc buildings. Mayor Bums said he understands what he is saying . Mr. Miller noted the developers role can mean a lot of d11Teren1 things and we all thr®· these tenns arou11d. when niaybc we are all thinking aboul something di1Tcre111. Because he noted. it was ' ' ' ... • . , • 0 • En&tewood City C1N1ncil Juaary 19, 1998 Pa&e40 '· • • • said you are nol proposing that Miller/Kitchell not be the developer, but you arc proposing a function that a developer nonnally docs would go to somebody else. So. he said . whatever you want to call that . He stated he is not saying we shouldn't do that. he is just trying to get the facts . And like Dan Brotzman said here is the simple way, which way do you want to do it . Mr. Miller pointed out that it is Council's to decide. So, Council Member Habenicht asked. if Mr. Miller would work with this. Mr. Miller stated yes. Ms. Habenicht said. then Mr. Miller would feel very cooperative in working with that arrangement. Mr. Miller said, if they know what their role is. He stated he doesn't want to continue to work. 1101 knowing where they are going to be. Mr. Miller reiterated that all he wants to know is what Council sees their responsibility to be. what their role is. Mr. Leonard stated that that is the point , which Skip Miller is making. that it doesn 't matter to them how they assiSI the City . He said he and Marilee Utter were saying that if there is a cost issue . a cash flow issue, what if he and Marilee Utter took the developers risk and they front end all the fees . but they arc not in competition to do the development after words. so when would they ever get the fees back. Mr. Leonard explained that that is why a developer. knowing that he has a project . can front end the fees . because he knows that when he gets the project he gets his fees paid back . That. he noled. is pan of the issue thaa is on the table that says one can do it and one can check up. Or one can do it and the other can cbcck up. Mr. Leonard seated that it docsn 't matter which way it goes, with the exception that if it is a c:ash Oow issue for Council, that is all it is. it is not a payment issue. Because. he said. there arc line items, there has to be line items. and Skip Miller's budget when it comes in. when the project is done. for all the work that has been done for his labor and his S1a1T's labor or any consultant work that he has done. Mr. Leonard opined that is fair. because that is the work that is adding the value to the propeny. Regarding the cooperation issue. he asked that City Manager Sears not misunderstand that when Skip Miller says he doesn't think this can be saved and he thinks it docs. that they wouldn ·, cooperate to get that answer. Mr. Leonard Slated that he feels confident that. whatever they do. they would be able to get that answer . Tiie trick would be. lie said. that if Council put him in a position to say Skip Miller this is your nickel, you have to run it , its your budget and you can get tlierc on any path you want and make sure we check up. Mr. Leonard stated if he were to say great. hire Manin and Manin for SS0.000. take ten a,re llll1lplcs bccaalc we need to know this answer. And Mr. Miller says I've already looked at it. I've done ii already. this is my money and you can't tell nie how 10 spend it . TI1is. Mr. Leonard maintained. is a lcgitima&e issua,.ad ialhat instance tliey caa't get Ilic answer. Mayor Bums Slated 11181 that was his 1iex1 qUCSlion . exactly that. how would he function in checking on whll Skip Miller docs. He asked if he would conic back and say I would like to hire this person 10 do this lhldy. Mr. Leonard advised he would just make Ilic recommendation. say this is what I think we can do to Id here. The nice pan is. lie said. because it is probabl) a subsidy issue. is that that cost. whatever it 1s going to be. is going 10 be back into the dc\·elopcrs agreenient anyway . So he is going to be able to say. liSlcn I had to spend all of these front end costs. your consultants made me spend it. so therefore you have to be able to pay those. because my rctum is 11 . 9% instead of 12 %. Mayor Bums said in other words. what he wouldn 't want. is for him to be in the position of wanting to hire a firm to do this and Skip Miller says no. I don·, want to do that. Mr. Leonard advised that that is his right to do that, lie has been there and do11C that . But then. Mayor Bums asked. does Council get the answer from Mr. Leonard that they arc seeking. Mr. Leonard said no, no1 if they want a full investigation or it . He indicated Skip Miller would say you arc wasting your nlOIIC)' and you arc wasting your time. unless we are making that progress. Well then. Mayor Bums asked. how do they do that. if it is Skip Miller's propos,·d, do tliey have a leeway in there wlierc we say we will fund t118t extra engineer if you want . Mr. Leonard advised tliey would be working it out. Skip Miller would say ... I'll spend S28S.000 getting you where you want to go and I am going to put it back in the development agreement . Mayor ' • I ... ., • • 0 - - Englewood City CCN1ncil January 19, 1998 Page41 . ' .. • • I• • Bums said then this goes back lo Skip Miller and he says now he doesn 't know what his role is. Mr. Leonard advised that Skip Miller needs to know his role. Mr. Miller said if ii were that way he would understand it perfectly. Council Member Garrell pointed out that the City has the ullimale leverage . Council docs nol have 10 approve the plan Skip Miller brings forward . If he says I am not going 10 spend the money. then we can say we arc not going to approve his plan . Mayor Bums asked if we an: saying we are going to get to the smnc place anyway . Mr. Miller explained that these projects arc done a lot . this is not a new concept. He said tbat. when they were doing all tbis work for the Broadway Market Place project . the City had DURA as their consultants and they watched every step they took and they decided if they had done the riglll thing or the wrong thing. And whether they were using the right consnllants. whether it was designed right. whether the an was right. whelher the u1ili1ics were right and \\1ac1her we were going 10 pul s1rcc1scape up and down both streets. Mr. Miller pointed 0111 1ha1 1his is really not 1ha1 complicated. He stated that what he is oonccmcd about is that we have complicated it by trying 10 change the functions . And maybe. he commented, he is jllSl old iashioned and oaly know one way to do it . but that is the development business. He said whal he docsn ·11hink they can do and what he thinks is nnfair. is to be the prcdeveloper and then tum ii over and say here now do it... we 've got ii this far. do you like ii . if you don ·1. don ·1 do ii . Mayor Bums said that is exactly what Council 1hough1 they were getting 10 by having a development plan that would be implementable. Mr. Miller said 1ha1 Ilic dcvelopmelll plan. unfonuna1el y. and he acknowledged that maybe he was culling his own 1hroa1. bnl Iha! he didn ·1 belie"c the plan is going to took a lot like that when you find out what you c.111 afford . Mayor Bums noted that may be true . Mr. Miller noted that may be what Council Member Habenicht s.1id . why hire someone that tells you 1ha1 . But. he commcnled. if he believes 1ha1. he didn ·1 think Council would want to hire him if he dido ·1 tell them what he feels . He said ii is just like he told Council that he thinks the City Hall is going 10 cost a lot more than SS million. Bui . Mayor Bums said. if he makes a proposal of his own. which City Manager Scars is asking for. he wants Tim Leonard lo h,wc sonic latitude to be able to spend some money to bring anolhcr engineer or whatever. 10 do something that he believes mighl be shown to be viable and Mr. Miller may not bcl~ it. Mr. Miller opined that if he. Tim Leonard and Marilee Uller sat down and their subject was lo clclclaiM the viabilily of 53\'ing lhe garage. 1ha1 they could figure oul a methodology lo do that. And. he noted. ii wotddn "t make any dilTcrcncc in 1ha1 regard whether ii was one way or the other. He reiterated tllC)• would sit cknm and work logcther lo gel lhal done . There are other issues. he said. thal they need 10 keep doing. He staled lhey need 10 keep working wilh Mark Goldberg and Wal-Man . as Ibey don "t wanl 10 1um that 0\-cr 10 somebody else 10 go 1acgotia1e 11~11 deal . Mayor Bums asked if they could move I his agrccmelll along wilh Dccpwmcr and ask Mr. Miller 10 make a submittal al the same lime. Council Member Habenichl agreed and asked iflhcy could do 1ha1. City Attorney Brotzman s.1id no. Council Member Bradsl~1w stated we arc going 10 •~•vc to fish or cut bait. Mr. Brotzman advised they arc really going to have 10 say do ii . check on him . Mr. Miller noted this isn ·1 comparing one agreement . 11~,1 1hey are talking about a philosophy of direction. If you go his direction and yon don ·1 like the numbers. you don ·1 like the co111mc1 . you will fix it. Mr. Miller staled if lhcy don 'I like his co111rac1. but they like the concept. I hey will fix it . He noted thal as he told Mr. Leonard . we 1~1,·c never losl a deal beca use we couldn 't figure out the form or the tease. He staled they will work an agrccmenl 0111 whichever way Council chooses. And the fonn of that agrecmcnl . Mr. Miller said, is not whether you chose right or left . He staled Council has 10 make that decision. bite Iha& bullcl and IP· ' " - • t ' .. •' •· • 0 I )- Englewood City Council January 19, 1998 Pace42 ' ,. • • t • • Council Member Garret asked Mr. Miller if he brought a plan forward . they may be checking on it . but what would the time frame be. Mr. Miller opined that their time frame to develop the plan Council is talking about is no different than what has been proposed to them . He opined that within a 60 day period. rather than a 90 ... they could have a pop up time that says we think we 're on path or we arc not . And then wc make a decision to move forward . Council Member Bradshaw said she docsn 't think they should sign a contract with anybody until they get a plan . Tilcn, City Manager Scars said, during this time frame , under the scenario that we use them as amsultants and we would have some method where they give us consulting. Ms. Bradshaw said exactly . But. Mr. Sears noted, it is going to be on an hourly basis for them to do that. Mr. Leonard stated that is typical owner's rep stuff, as Skip Miller said, that the usual way to be able to do it is . the developer does all the development and your owner's rep just manages the project and makes sure that you get the best value for the money. in the earliest time frame and for the cheapest dollar. Mr. Miller asked if there aren't cities that have planning staffs that do that . because they have different degrees of people and there arc other people that go outside and do that. But . Mayor Bums noted. he thought he was sayiag that in those roles that Tim Leonard and Marilee Utter can still decide if the TOD a,acqM that Council is looking at here. works or it docsn 't. Mr. Miller stated that would be a joint effon and they would wo,t very. very closely . Council Member Bradshaw said she wanted to propose a third option that nobody has mentioned tonight . She asked Skip Miller, if Council gave him this development could he just go with it. just take it and run today. Mr. Miller asked if she was referring to the development that is on the table there. Ms . Bradshaw said as close to that as possible. Mr. Miller said here is the problem. and he noted they were asked to think about that. that his problem with it is that he is concerned that that is not viable . He stated that if they gave him $28 million he would go run with it . Council Member Bradshaw stated that that has always been her concern. as far as how much it is really costing. Mr. Miller said he cannot make these nwnbers go away . Ms. Bradshaw asked Mr. Miller if he has the expcnisc to nm the whole project . Mr. Miller said absolutely, that they have done projects like this and that is not a problem . Council Member Bradshaw asked him if it would take him 60 days to find out . Mr. Miller opined that in 60 days. 90 at the most. that as Tim Leonard and Marilee Utter have said to Council. that they would be able to come to Council together, their group and our group. Tim Leonard added that they would bring it to Council and say here are thellR)blems. do you ,ant to takcihis risk or not or. here arc the issues. Council Member Bradshaw stated that if the problems arc known. as a representative of Englewood. she needs lo know what those problems are. Instead of people just talking about problems and not identifying them. She said she knows one is money. but that she is tired of hearing about all this other stuff. through innuendo and rumor. that she has no knowledge of. Mr. Miller said she would have to sit down with them and spend a lot of hours with them to go through all those points. if Council wants to know. if they really want to get that involved to know every piece of this. rather than knowing that you have an economic issue. a bus traffic issue. a parking structure issue. Mayor Bums commented that he didn 't think Council needs to be engineers on every aspect of it . Mr. Miller said they can go through all that . if that is what they want. but that that is what they arc hiring Tim Leonard for . Mr. Miller said they arc you . and they will understand and rcpon to Council whether it is doable or not doable . And Council won ·1 have to sit down and try to understand all the financial aspects of it. the methodologies of raising the money. the methodologies of construction. Hire someone to do that. Council Member Clapp said that in the past she felt it has been very hard on our previous City Managers to have to manage the Cinderella City development . along with their regular. everyday duties. She noted thal in the past she has not supponcd hiring an assistant City Manager. because she really foll that what wc really needed was a project manager to h.indl c Cinderella City and hire a Cit y Manager to run the ' ,- ' . • < • . r I· • 0 l • - • Englewood City Council January 19, 1998 Page 43 ', • • • City. She said it is not that she doesn't feel Gal)' Sears could do this, that she feels he could do a wonderful job with it . But. she opined. it is too much for one person and that is why she is really in support of having someone run this project and work with Skip Miller on the City's behalf so that Council doesn't have to get in to micromanaging it. Several Council members agreed . Then. Council Member Bradshaw said. we would maintain Deepwater as a consultant . City Manager Sears said that is correct . Council Member Waggoner asked when they will get to go over the contract . Council Member Garrell Slated that should just be on an hourly basis. that you wouldn't sign a contract like this. Mr. Leonard noted he would not be taking that risk. that now it is over on the developer's side. Mayor Bums asked if they could have contracts by February 9°'. City Manager said Council would have a plan from them by February 9'i', with some type of contract or proposal from you by February 9th with a plan that can proceed . He asked if they can do that. Mr. Miller asked if he meant by a plan . a drawing of a plan . City Manager Scars said with numbers to go behind that. But. Mr. Miller asked if it is a drawing. Mr. Sears said that is right . Mr. Miller advised that the problem they have with this project . to do a plan. you have to put economics to it. He said they have a plan and they are 1ryi11g to put economics 10 that one and they will continue to work that one and tell Council within that six day period if it works or 1101 . If Council wants them lo change it. at the opposite end of the spectrum. if they said give us a plan that is all retail. then we can give you that plan and then tell you what the economics arc. But . Mr. Miller said. Council has given them a direction so he doesn't have a plan or the rnagic wand that makes that thing affordable . He said they have 10 go figure out a way to do that. Mr. Miller said he thinks his assignment is to take that plan and tell Council whether it works or not and wilhin reason. if they can change some things around to save some money. but still retain the guts of that, they will come in and show you . Council Member Bradshaw said exactly . Mayor Bums asked if that is under his developer 's risk . Mr. Miller s.1id that is right. But. Mayor Bums noted. on Tim Leonard 's side lhey h;1vc 10 have something lhal says we have some agreement here or some contract for services . Mr . Miller said Council could give him a contract for an hourly basis . Mr. Leonard said yes. 1ha1 is no big deal. that it would be the contract that they are here 10 wort on the City's behalf to get the best to make sure that when he is standing up next 10 Skip Miller in 60. 90 days. six allllMlls. whatever tbe process is . Mayor Bums said we arc not !IOing 10 six months. Council Member Bradshaw no. no. no and asked if they saw how he extended that. City Manager Sears asked them what would be a rcasouable lime for them to come back with that plan. with a cost and a process to come to an agreement 10 finalize this. Mr. Miller noted he keeps questioning it and Mr. Leonard says they need more lime . He said Council should be hearing 1lia1 1he) ha,·c given them a very dilflClllt task to bring aboul 1ha1 plan in an economic way . And. he pointed out. he means thal plan or something similar to it . And that is why . he advised. lhat Tim Leonard is saying he needs a bunch of time and we arc s.1ying we don 't understand how ii is going 10 "ork. He pointed out that Council is hearing the s.1me mcss.1gc . lhcy liavc give111hcm collcclivcl). whoever docs wliat . a very difficult. if not mission impossible 10 do ;md the) arc saying can you do that b) Fcbmary 9'". Tim Leonard Slated that there is no question that we arc pushing the envelope on a development plan in Englewood, in Cinderella City, in 1998 . He poi111cd 0111 that this is the kind of stuff you bring the Peter Calthorpc's in to say we want something that hasn't been done. The hard part is how do you get it done . He noted when we say we don't know what that plan looks like 11~11 he feels exactly the same way. he doesn't know what the plan looks like and how the numbers arc going 10 work for it. But . he said. he and Skip Miller are confidcnl thal it can gel done. 1ha1 a plan can get done. that is financially feasible. 1ha1 is the best TOD plan you can IP for the money . that docsn ·1 need a subsid~ for lhc t;r.~pa~ers . or a \'Ole 1ha1 is going to delay it . ' . ' • . .. I • • 0 )- • • Englewood City Council January 19, 1998 Pagc4' ' • • I • • Mayor Bums opined that this Council would say yes, that is what we want and now . he asked , how long before they have lhal answer. Mr. Leonard slated that the work he lrns done in it is 6 months and in the middle being able 10 say ... we arc on the right track. we arc there . And . he noted. they would both be standing up. the consultants would be standing up and saying we think this is doable we have gouen 28 10 6, or to 2, or whatever the number that there is that there is a spread and say there it is and we think we are getting there . Bui. he noted. they arc 1101 going 10 have in 90 days that list of products that you have. letters of intent all around. a plan that is going to be ins1m11ly implementable in 90 days . Council Member Habenicht said that she thought she would have to agree with Skip Miller. She said she is hearing the remarks about it not being financially feasible and the issues of time and the money. But. she said. she feels they arc going to come together. And for the first time in a long time she feels a lot of excitement and confidence. She said she feels confident that I his Council is really going 10 move forward . she feels confident in our Slaff and she feels such a S1rong sense of confidence in what Marilee Uuer and Tim Leonard have brought to this concept. And . she noted . that she has had a lot of confidence in Skip Miller for a long time. Ms . Habenicht staled lhal she really wants to sec Skip Miller develop this into such an exciting lhillg that ii will just do wonders for all of us. She said she really thinks that we arc there and she is sensing that we arc all really pulling together and she wants 10 move ahead with the con1rnc1 with Deepwater. She staled she thinks that we need to move ahead with Skip Miller and she wanted to express her confidence there, personally . But . she said . she thinks they all need to pull together and just lets go on with it. Mr. Miller staled that they have some big hurdles and. as Mayor Burns addressed . he fell they should know in the 60 to 90 day period what the situation with the garage is . He staled that he and Mr. Leonard totally agree. and he wanted to make sure everyone understands. that lo get the density. which is mixed use, in the project . you need additional parking. And if they come back and find out that none of that garage is savable financially . we have got an enormous problem and we cannot do that plan . That is why it has become such a struggle. Mayor Bums staled that he remembered Marilee Liller telling Council early on . whatever you build on this thing is going to depend on your parking. And how many componc111 pans you have in this thing and how complex ii is. is going lo depend OIi how much parking you llave. Mr. Mill« advised that when you get clown to ii itClOl&S about $8,SOO a spaa: Illa! you build. If you arc three. four or fi\'e hundred spaa:s shon it is real easy lo gel lo the kind of mrmbcrs that you arc sllOl1 . Mayor Bums mid he unclcl'Slallds that and ro the ball is in their coon . Mr. Miller said they need 10 figure out a way. which he didn ·1 think was going to be difficult. 10 decide how to detenuinc whether that garage is doable or 1101 . Because. he pointed out. once they do that then their planning would take oue dircc1ion or another dircclion . Mayor Bums asked if they thought they could give Council that answer in 90 da)S Mr Mille r said absolutely . He asked Mr. Leonard if he thought that was a problem Mr. Leonard staled 1ha1 he did not think that would be a problem al all . Mr. Miller advised that they will be spending rnost of their preliminary studies on getting that garage issue done . Ciry Manager Scars noted it is late for everybody. 1ha1 he 1hough1 1hi s has been good dia logue. but he thought they might work better if they got somClhiug in writing. perhaps. from both of them and ma)'bc look at the date of February 2'"' 10 define whal their relationship. roles and responsibilities are and what is going to be coming back in 90 days . He opined th.it if they can come 10 that and Council will give the go ahead 10 do that that we will move this lo the point 10 gel the project moving. Mr. Miller said he feels with this direction . unless Tim Leonard disagrees. that they can get together qrccmcnts and get them exactly what they want . ' ,. ~ . ' ' .. • • 0 , • - E.apewood City Council J ... ary 19, 1998 Pagc45 • • • t• Council Member Waggoner said he would go one step further, that they have a concepl that they know bas to be tweaked or changed a little bit . like Sony theaters or whoever it is. that theater group. and Wal- Mart with the lane going between. He asked them if they couldn't gel Council something by the 9"' that shows them another little plan that will work or is prelly close 10 it or a concept. But . Council Member Bradshaw noled. it is costing it out . Mr. Miller stated it is both and he told Council Member Waggoner that, in fairness. that the local architect they haven ·t met with yet . has been brought on with Tim Leonard and Marilee Utter and he had a fairly signilicanl departure from Peter Callhorpc ·s idea of the way Ibis thing was going to look . He asked Tim Leonard if thal was wrong. Mr. Leonard said yes . that was live ideas in four minules so you can 'I pick one out. Mr. Miller said they want the local archilcct and he was just going to say that he lhinks if they hired another guy, they would get another plan . Council Member Waggoner said you arc going to get another plan. he could almost guarantee it. Mr. Leonard DOied that the course they are on is thal I hey are not thinking anymore, wc are doing, wc arc implementing what we have. We are 1101 saying lets take lhis plan and have another idea . Council Member Waggoner stated that is not what he is saying. He said there is a !healer on 1ha1 plan ... now docs it frt here or do yon flop ii over and fit it over here . Thal. he noled. is what Skip Miller was talking about . Mr. Miller noeed that one of his concerns was just simply I urning thal 90 degrees because lhcy liked ii for their front door. That was one issue and a real simple one 10 deal with . Council Member Waggoner stated thal in his opinion he needed to talk to Sony or show them lhis and say all right. docs this work. And if ii is not working. then he lhoughl lhey need as a Council. another little concq,t plan 1ha1 says here is where it can go and now you can slart costing it out. Mr. Miller stated, indepcndenl of which way you lurn 1ha11hea1er.1ha11hc main element of that plan is thal center street . He asked Mr. Waggoner. hypothc1ically. thal if Sony came in and said we don '1 want 10 front on that kind of street. we do11'1wan11ha11raffic between us .... lhcn whal do they do. Council Member Waggoner stated that they start lhinking a liulc more and nlO\·e ii down here and say will that wort. Ma)'W Bums aated that he doesn '1 want them lo slap a plan logethcr by the 1 • of February that docsn 't -anything . He tllOUght Gary Sears' request was reasonable . If they could have a concept of roles and whatcYcr they arc going to do. and bring it back to Council . Mr. Miller noled they did a plan some time ago. as lhey may recall. that was what they called their TOD plan . He said they looked at ii and he lhought they liked Ibis one better. But. he commented. it had some o(tbolc clements in ii. It w-,1s probably so•;. between. or maybe 70"1. towards TOD from all retail . He poinled out thal lhose arc lhc kinds of things 1hcy have done and they have shown Council some of 1hosc . But, Council Member Waggoner said, it had the dense residential up on the north fi,c acres. Ma)or Bums suggcsled thal clements of these two lhings. somewhere in between whal )OU had and wha11tus is. He: said they reali7.c that. bnl he thought they were saying 10 pul the ball in 1hc1r court and Ille} can come beck to Council wilh lhcsc answers. Mr. Miller stated that in fairness 10 Council and in fairness 10 lhcm. 1his is a very. very difficull task and tbcrc is nol a real easy answer for it . llicy cannot just lake a piece of paper and change it and give us all tbclc things and make ii work . He rcitcraled 1ha1 that is diffic11l1. ii is very diffic11l1. He said they can forget him ... lhat they have some very compc1cn1 people lhal arc struggling with lhis. Council Member Habenicht asked if1hcy were np 10 it. ' "' - . ' • • 0 , I ]- Englewood City CcNmcil January 19, 1998 Page46 ·, '· • • • Mayor Burns noted they had a housing representative here one night that said we arc very interested in what you are doing , can we get answers from people like that . whether you have to phase it or not ... and they were ready to go ir they can do this. Mr. Miller advised that that is not the reason you pha se it . He said that is a dilfcrcnl issue . Mayor Bums asked irthcy can come back with what Gary Scars has asked for by the 2"'. Mr. Miller and Mr . Leonard said yes . City Attorney Brotzman said he hated to be the spoil spon. but they have a lcncr of warning from Mr. Goldberg and he is present. He asked Mr. Goldberg if this time frame works for him al all . Mr. Goldberg Slated that he is concerned. Mr. Brotzman asked if ii was 1ha1 the 60 or 90 days wdS taking too long. Mr. Goldberg staled he was not concerned about the 60 or 9<1 days. that doesn't make or break the deal here. He said ii is the propensity of going from 60 lo 9<1 days to do something that none of you have talked about tonight, except Mayor Bnms, and that is that ii is one thing to stan with the plan. prove it up with cost . But, he said, it is in his experience quite another thing to prove ii up with market . He said he is concerned that the project won 'I move forward until the market tells you that ii will and that is going 10 take quite some tilllC . Mayor Bums asked Mr. Leonard if pan of that isn '1 the leners of intelll and the other tilings they were talking about here . Mr. Leonard said that technically in their six month issue you do this stuff in the 90 days with some input from the market. but you finish the iterations with the market in that time frame. Mayor Bums said he thought the development plan they were talking about was exactly that, that you know your market . because these people arc vinually signed up or have letters of intent and you know who is going to come in there. Mr. Leonard said in six months. yes . City Allomey Brotzman asked. as they have heard his conccm and they have a lcncr of warning and. Skip Miller is doing this and Tim Leonard is checking on him. if they arc addressing this time frame now in where we are going. Mr. Miller said that is why he said ii is difficult . He noted they have suggested the plan really needs the following clements they have all agreed upon ... lhe Wal-Man. TOD and rapid transit and City Hall . He stated they arc trying to make all of those work . He commcmed that. as he said earlier. one of his oonccms is if it turns out that City Hall costs you twice what you thought. that you will come back and tell me we can 't do ii. now get another plan. Thal. he stated. would bust the 111nc fr-.unc . So . he said. they are lllilll to pua.hat on Council . He asked when Council would tell them if they arc going to build a City Hall there. Council Member Waggoner said he thought Ille) ha,e to go "ilh CII} Hall. period . Council Member Habenicht said yes . Council Member Bradshaw said 1h:11 is a gi ven City Manager Sears advised that we arc down 10 five interviews for an architect and we should have that arcbiled on board the first pan of'Fcl>rual)'. He asked Director Esterly if that "'85 correct . Mr. Esterly llaled thal they saw the proposals from lhc architects this aRcmoon. they will talk about them 1omorrow morning at staff and set meetings for later this week . He indicated they will probably interview early next week . Council Member Waggoner noted that most of the people he has talked to are agreeable and he thinks we have to go with it. Unless. City Manager Scars said. for some reason the architect would say that 1he space allocalions just won ·1 work . Mr. Miller a sked if price. within reason. 1s 1101 a subject. Mayor Bums commented 1ha1 they can 'I be expected 10 say price is no object . Mr Miller said he wouldn '1 mention any names. but coincidcnlally. he talked with one of I hose li\'c :1rchilccts and he lhinks 1lia1 lhing is going 10 COit al least double whal 1hey are proposing. Cily Manager Scars Slaled llial he fell 1lia1 was 1he type of tiling they need 10 have lhe archi1cc1 lcll lhcm . Mr. Miller agreed that was righl. but 1lia1 he was just asking ifthal proves oul. where are we . Council Member Bmdsliaw said lhey shouldn '1 do hearsay. Mr. ~------~----. 'I ... • • 0 ]- - Ea&tewood City Council January 19, 1998 Page47 · .. • • • Miller commented that that was not hearsay, that he heard it. Mayor Burns noted that they can 't deal with that City Manager Scars suggested they sec ir they can pull together this combined agreement. with specifics. to come badl to Council on Fdlnlary 2"", so they can give the authorization 10 proceed under thoac guidelines Mr. Miller aid lhcy will do that. bul he wanted to just throw out the one caveat. that in wrnea to them. dial if lhcy make thal big of a dlan,c lhcy an: going to have to undmland that everything they an: doing will 90 clown the drain. Again. he noted. in rairncss to Council they arc throwing out their cautions. Tbal. he mtcrllled. will be I VCI)' dilficult thing to get done. *. * * * COUNCIL MEMBER CLAPP MOVED, AND IT WAS SECONDED, FOR COUNCIL TO GO INTO EXECUTIVE SESSION TO DISCUSS ONE PERSONNEL MATTER. Ayes: Council Members Nabholz. Garrett. Bradshaw. Habenicht. Waggoner. Clapp, Bums Nays : None Molion carried . 14. City Attomey'1 Repo11 City Attorney Broczman did not have any matters to bring before Council . Council receued to Executive Session at 11 :40 p.m . ' ' I .. • . • . , ' • 0 • . , J -... • • • . . . · .. <, - .. .. - • • 0 J- • • • • ·, - <. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JANUARY 19, 1998 7:30 P.M. 1. Call to order. r/·4/ ~ 2. Invocation. /l~ 3. Pledge of Allegiance. ~ 4. Roll Call . '7~ 5. Minutes. ClfpJ-'l-01· Minutes from the Regular City Council meeting of January 5, 1998./}~ 6. Scheduled Visitors . (Please limit your presentation to ten minutes.) a. Jerry Nery, Southwest Program Manager tor RTD, will be present to provide an update on light rail construction. b. Jody Swanson wiU be present to discuss her property at 4096 South Cherokee Street. 7 . Non-Scheduled Visitors. (Please limit your presentation to five minutes.) ~ 8. Communications, Proclamations, and Appointments. g 9 . Public Hearing. ~ , j IAhu.~ Off' '7-oa. ~~r inpu~~on~MPi.lned Unit Development /elr,u,J ADP/118:UJ amendment. (Staff recommends contlnl,!ing the Public Hearing until Tuesday, ~oaN~m,,.dfJ-0 11~1~ry,l7:}~ ~~(j_1.)WJ.6,1,; Alllv~tr~l'7t!(/'lt' 7r' b .• ., p.ft&H~ to gather input on an amendment~ the ~~-cJJ. ~tive to truh collection. k (9 J-) ~A~ 4h~A~ 17-() ~1!f!:!-~~R£5~ (!.~1.iii;.~7J ' . ' •, .. •· • 0 ,. ]- - • . ,~ . ' • <' Englewood City Council Agenda Jllfll*Y 19, , .. Page2 10. Consent Agenda. a. Approval of Ordinances on Rrst Reading. / _ / i. Council Bill No . 2 -Recommendation from the Utilities Department to adopt a ,11 nr'f-~. ll/"'"1r) bill for an ordinance receMng a City Ditch right-of-way at Sherman and 'To;;, 'A-Ii · cu 1UJ>-Girard. STAFF SOURCE: Slawart H. Fonda, Dlrac:tor of Utllltln. ~ b. Approval of Ordinances on Second Reading. ~/?:, rJ i. Council BID No. 3, approving a land exchange with Soule Trust at Union 'tf ?-0 AvenueReseM>ir. ~ c. Resolutions and Motions. !)_ ,.___t_ 2 i. Recommendation from Municipal Court to adopt a resolution reappointing ~ ::J Linda F. Cohn as Associate Judge. STAFF SOURCE: Tamara Wolfa, Court a,r;rJrr-o Admlniatrator. ~ 11. Regular Agenda. a. b . App~f Ordinances on Rrst Reading. Approval of Ordinances on Second Reading. g--- c. Resolutions and Motions. % 12. General Dilcussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. a. Proposed agreement with Deepwater Point regarding red1hllcpment. (Information on this item will be delivered Friday, January 18, 1998.) 14. City Attorney's Report. ~?-0 Adjournment. //: t/o ~ t!.t.A-I>/> M(){)ED TO ~O IIJrrJ A-A) t:fll/J17V/£ '5e8SIMJ ,o 0/S&/'8. cµ/fi.-.e&~~AJE.L /ff l,.r-tU!._ ~ .... ,.. ...... ,., ........ ....., ......... 111 .............. ca,o111 ... ON (1U-MGl)al ..... 41houra 1n ..... o1 ................... ,....,... . ' .. ., • • 0 ]- l • • t• • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JANUARY 19, 1998 7:30 P .M. 1. Call to order. fJ.4,/ ~ 2. Invocation. //~ 3 . Pledge of Allegiance. ~ 4. Roll Call. '7 ~ 5. Minutes. a,pi.-'1-l>· Minutes from the Regular City Council meeting of January 5. 1998/}~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Jerry Nery, Southwelt Program Manager for RTD, will be prNent to provide an update on light rail conmuctiol'I. b. Jody Swanaon wil be prNent to dlacusa her property at 4088 Soult Cherokee Street. . ' •· • 0 , ') • • I~ ·.., • (, PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS DATE: JANUARY 11, 1111 ~ NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FNE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS TOPIC ,_ - 'I • ' . ' •' . • .. • • 0 f ,,.,,, I ]- - • • • CITY OF ENGLEWOOD JANUARY 19, 1998 AGENDA ITEM NO. la PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL PLEASE PRINT NAME ADDRESS . . • • . ' . . , • • 0 , I - ( • . ,~ • ·, <. CITY OF ENGLEWOOD JANUARY 19, 1998 AGENDA ITEM NO. t tti PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL PLEASE PRINT NAME ADDRESS 'YMLE y tl-/oovs ~-1.3 w. H/t(l)At.o /HIE . ' ' . •, • .. • • 0 , • ' ' • I -,. • . • • (, -I NAME ADDPfP .. • • 0 l -~. • • • <. - ltNGUWOOD CITY COUNCD. IENGUWOOD, AllAPAIIOIE COUNTY, COLORADO J--,S, 19'1 1. Call ta Order Tbe rqpallr meeting of die Englewood City Couacil-c:alled ID order by Mayor Bums at 7:47 p.m. 2. ..___ Tbe ilMICllioa -pea by Council Member Nabllolz. 3. P1e11ae -6 A .. eere Tbe Pled,e of Allegiance -led by Mayor Bums. 4. Roll Call Pn:sent: Absent: Council Mcmben Nabholz, Clapp, Garrett, Bradshaw, Habenicht, Wagoner, Buns None A quorum was praent. Also praent: City Ma-,er Sean City Attorney Bnlczman City Clerk Ellis Municipal C-i Judae AleaC:io DifllCtDr Simpma. Neipborbood and ~ Devdapmeat Neipborbood ad Environment Tecbaiciu Langon Public lnformlliou Officer Puncerali S. Mi.ca (a) COUNCD. MEIDIER allADSBAW MOVIED, AND IT WAS SIECONDIED, TO APPROVIE TIU MINUTU OP TIU RIEGUI.All MEIETING OP DIECIEIDIER 15, 1'97. 6. Ayes : Council Melllllen Nabbolz, Gama. Bradlbaw, Habeaic:bt, w...-. Clapp. Bums Nays : Nia Stir IC I C Vllilen (a) Doas Maay 111111111 lie is tllc ow.r of Mini food Skn, oe Solllla fedenl AIIII die CDf1ICI' ofUllioa. He advilld 11111 lie. ud Ilia wife*-Maay, -,._ to brills llnll llis coac:ena reprdills die tnmc dlMim dial uw .._ ..re oe Ullioa Awmic. He llid lie w .._ tryiaa Ill ftpre GIii wllll ....... lie --W ... IO let_,-,, a,w !Iii caama ud dlollabl ..,_ dlil would be tlie bell way. TIie maia CNCel1I lie w is 11111 lilKC tlie Ind ckiwn 1111w quit c:aaiaa lDMldl -IIOre lie ........... ofbllli-. He ..... ia ... lall dne lO..., --ii ... dllcUMd • t • . .. • • 0 I "'" , I • • • Englewood Cily Council January 5, 1998 Patel • 0 • Council Member Habenicht said thal her underslanding is that the 1911, is a Study Session and there won't be public input City Manager Sears stated that is correct. it is just a Study Session. Council Member Bradshaw advised Mr. Massey he would be welcome to come liSlen . In response to Council Member Bradshaw, Mr. Massey indicated he has lost 25% to 32% of his business since the truck routes were changed, around August/September. Mr. Massey stated he asked Rick Kahm, a few weeks ago. what was happening or when the temporary decision would become permanent He said Mr. Kahan told him he really did not know, thal al thal particular time nolhing had been decided . Mr. Kahm ·s comment to him was that he was not sure if this was a traffic problem or a zoning problem. but that they have advised the truck drivers. voluntarily. IIOl to come around that way. Mr. Massey said.just for Council 's information. that it is not voluntary. because he has drivers come in in the evening that complain about these things. He noted they have been coming to his store all these years and they said they have been told IIOI to come that way . Council Member Habenicht said. it is her understanding. Waste Management and the cement company. IIOI the City. are telling the truck drivers Ibis. She asked if that is true. Mr. Massey Slated it is his underSlanding the City has told Waste Management and Sand H not come around that way. City Manager Sears said he would ask that Council consider this at the Study Session. He commented that he understands this issue was raised due to neighborhood complaints about truck traffic in that area. Mr. Sears IIOled he does IIOI know exactly who said what to whom and he requested Council wait for the Study Session. at which time the Public Works Department can express exactly what was indicated and the reasons why they may have made comments or contact with Waste Management. Mr. Massey Slaled he agreed with City Manager Sears 100%. that that was why he was here. j11S1 to let everybody know his side of the story . He said he was here last time the neighbors were here and he has also been told by his business neighbors down the street that he should stan a petition. He commented that he would like 10 work together with the City. that he is not here against any neighbor or anything. He said he just wants everybody to know his concerns. Mr. Massey reiterated it has affected his business and he just wants everybody to know that. He said he was going to send a letler to everybody . but after talking around he thought the best way to get his message across was 10 come down here and address Council . 7. N011-1Ched111ed Viliton (a) Norlcen Norden. Vice Chair of the Englewood Housing Authority. advised she has been on the board for about 12 or 13 years now . She said she found out today that there are three items OD the Agenda tonight that affect bolh the Housing Alllhority and the City. Ms. Norden staled she would like lo take this opportunity lo let the City and Council know how much the Housing Authority has enjoyed the relationship they have had with the City in the put She commented that she has been very active in national organii.ations and knows a lot of communities across this country that don 't have the very collaborative relationship that Englewood enjoys. She said she jUSI wanted to take this opportunity to thank Council for that and. to let them know. the progmns the Housing Authority has administered on behalf of the City over the paSI few years have been programs they feel very strongly about. She IIOICd they bdieve they have done some wonderful thinp in this community. Ms . Norden explained that as she nails it was in 1985, over ten ycan qo. thal the Housing Authority son ol broke •-Y from the City through an intergovernmenlal agreement. Bued on lhat agreement. she advised. they set out some guidelines in tcnns of whal the City wa asking lhe Housing Authority to do and what the City would do on behalf of the Housing Authority. That agreement. she Slaled. is really pfflty outdaled now. It is one of tbe main lalOIIS they fell ii wu really imporlllll lhat they updllc 1h11 qreemcn1. Also. to put in writing. -agreemenas between lhe Housing Authority and lhe City for programs they are adminisaering OD behalf of lhe City without any lund of guidelines or direcuon from the City . She no1ed it has son of been - "' - ; •· • 0 , 2X _) 0 0 - CORRECTION Ti-:'E PFiEC EDl/1/G C CCUME:VT OR BLA NK Fn,J,,WE 1-f,J,S EE=.'/ F.E i T!C fi O FiL.WED TO A SSUF.E LEG/El l/TY ,VJD ITS //W~ GE AP.C~nS IMMED IATE!.. Y r.£R£,J,FT=.=i . • I -• • , . • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO I. Call tD Onler The regular meeting of'the Englewood City Council was called to order by Mayor Bums at 7 :47 p.m . 2. hmlcadoa The inwcalion was given by Council Member Nlbholz. 3. Pledae al AllqiHJCe The Pledge of Allegiance was led by Mayor Bums. 4. Rall Call Present: Absent: Council Members Nabholz, Clapp. Garrett. Bradshaw. Habenicht. Waggoner. Bums None A quonim was praenl. S. MiNta Also praent: City MalllFf Seas City Attonlcy BraUman City Clerk Ellis Municipal a.t Judie Aleacio DifflCtor ~ NcigMloftlood ud Busiw l>eYel 1111 fflC.111 Neighborhood ad Environmeal Tecbaic:ian Langon Public lnf0111111ion Officer l'wlcerelli (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINU'nS OF THE RECULAlt MEETING OF DECEMBER 15, 19'7. Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays: None Motion carried. 6 . Sclu III Ir 1 Vilit8n (a) Doug Maaey stated he is the OWIICI' of' Mini Food Stoff. oa Saudi Federal ud tbe comer oCUnioo . He advilld that he. and his wife Naznoca Masley, were praent to bring fDnb his coaccm repnlilla tbe IJafflc cbaaFS that ~ becll made oa Union Avemae . He said he 1111 been trying to figuR GUI wba& appn,acb he sbould IIIC 10 let ner)'body itmw his ClOIICerll aad dloupl tmylle dlis would be the bell \1WIIY . The main ClOIICerll he ha is that since tbe Ind drivers baw quit CIOllliq towards bis store he bas loll quite a bit of' business . He DOied that in tbe ... duee to l'our _... it 1111 declu.l 5 A ~ •· • 0 )- E•llewood City Council JU8ary5, 1998 Pqe2 (. • • • from 25% on down 10 32% laSI month. These folks. he said, have been coming 10 his store for the last 1en. fifteen years and the SIOrC has been then: over fifteen years . Bui. he poinled 001. all of a sudden the roules bave changed and ii has affected his business IJ'elllendously . Mr. Massey explained that when he pun:bascd the business in 1993 his undcrslanding wu that that area was indUSlrial . it was Centennial loduslrial Part. He commcnled that he didn't realize that cw.ntually all of these changes were going to come around, otherwise he would bave a made a different decision on the business pan. He said he undenlood City engineers asked WUIC Managcmcnl. S .t H and the other businesses down there, to take the altemalc route and go on toward Santa Fe. He n:itenlled it has really affected his business quite a bit Mr. Massey stated that in July of last year he acquired more land behind his store to make some more changes and improve his business . But since this thing has come around. he advised. be is not sure what to do with that At prcscnt time, he said. that lot has residential mning. He explained he would bring it up to the City and ask for a mning change. but he is just waiting for the City to decide as to what they an: going to do about Union Avenue. Then be would want to pursue what ever the City wants to do. Mr. Massey commenled that the City has always been very nice to him, they have always been very hclp(ul . Anytime he has needed some help they have always been very helpful . So, he advised. he has no coocems in regard to that. He stated then: has been a competition down the stn:et from him. He n:miukcd that he docsn 't mind the competition. but he wishes it was across the strcct. As lhat would have been easy for him to go check the things and make the changes, but the uaffic has changed. on towards that side. Mr. Massey stated he likes to be on the same business level and if everything is on the same level be would be happy to deal with it. Bui. he said. he feels at this panicular time he is disadvantaged. He said these an: the things he wanted to bring to Council's attention. how much it has really affected his business . Mr. Massey explained that he was told originally that this was temporary and a decision would be made very soon . He said he docsn 't sec anything that has really happened in the last few months. He noted be has been patiently waiting for something 10 happen and nothing has happened. Mayor Bums advised that on January 19"' Council is scheduled 10 have a S1udy Session on the IIUck routes in that aia. So. he IIOICld. they an: moving ahead with that. Council Member Bradshaw asked if we have prohibiled any driving of any 11Uck routes on Union. She said we haven 't done a tbiag, Mayor Bums said he thought we bave not done that as a City, that it is voluntary . City Mam,er Sears said he tbougbl it was posted, no trucks or limiled size of trucks. on that parcel. He asked Di recaor Simpson to address that. Council Member Nabholz said she thought Pauletta Puncerelli put a Oyer out. City Manager Sears Slaled that Public Worts did that . City Manager Sears asked Direcaor SilllplOII if then: is a limit on IIUck size or truck route along Union Avenue. Mr. Simpson advised he believed that Ind routes an: designaled by size of tnx:ks. Mayor Burns asked if that is recent or if it has been that way for some time. Director Simpson said it did not know. Mayor Burns noted that he thought Rick Kahm of Public Worts has most of the backpound on this. City Manager Sears advised that be and Director Chuck ESlerly met with Mr. Massey and toid him about the 19*' meeting. as a time for him to come up . Apin. be said. it was to be a public meeting a1 that time and there was going to be public input in tenns of whal would be happening. Mr. Sears Slaled then: was really no aiune of action the staff was proposing until the 19*'. City Manager Sears said he could not advise exactly what the limitation of IIUck routes arc. • < ... •· • 0 , - ] Ea~ood City Council Juuary 5, 1998 ..... • 0 • based on an annual meeting they have had in conjunction with the Council. where they told the Housing Authority what they want them to do and what their goals arc . She opined they have been able to do a real fine job. Ms. Norden advised that she thinks it is time. and on behalf of the Board. they have asked their Executive Director to IIIIIYC forward with Bob Simpson and to put some things in writing. She said she is hopeful Council will take a look at what is being presented to them tonight as a staning point of really spelling out what Council wants the Housing Authority lo do on their behalf. Hopefully. she noted. they will then have a clearer picture of what that is. She thanked Council. in advance. for taking some time to lake a look at the ordinances that arc being presented. She said that hopefully they will be able to cany on and administer the programs the way Ibey would like 10 have them administered. (b) Cheryl St. Clair, Executive Director of the Housing Authority. said she did not want to repeat everything Ms. Norden just said. but she did want to clarify a few points and a few miscommunicatio that she has heard on these panicular agrccmcnts. First. she said. she would like to make it very dear that this is not an attempt. in any way. to change any of the programs that arc now existing and have been running so well. as Ms. Norden just mentioned. She advised that they have been adminislering the CDBG Program for a long time . The Housing Authority has taken about S4 million in CDBG grants to the City and leveraged those with about S4 million in private funding that the Housing Authority has gone out and gamcrcd. Ms . St. Clair Slated they have served over 600 families with all this funding . 'That program. she pointed out. has absolutely shown itself to be a program that you can have a IOI of pride in. She said it is a statewide example of how this program should be run. She emphasiz.cd they have no intention of changing any of that. that this is a clarification of what would be the best way to administcr the program. It is the same with Project Build. she stated. in no way do they want to change the program. this is really just a clarification of who does whal. wba& guidelines Council wishes them to follow. what their goals should be as to how muy houses they aaually Fl done during the year. She said they just want to get that in writing. flll" as Ms. Norden DOlal. they have nothing on Project Build that is in writing. Ms. St. Clair advised she has spent a lol of ti-with the City 511ft". City Attorney. Director of Ncigbborbood ud Business Dcvclopmenl. as well as bis swr. She Slalcd Ibey all agreed on these agrccmcnts. lhll this is the best way to administcr these programs fOI" the citi7.cns of Englewood. There arc a IOI of things going oa out there that Council may have beard. she said. and she just Wllllcd to clarify that in no way arc they trying 10 throw the program up in the air and sec where it may fall. This. she stated. is rcally just an adminislrative change as far as which cmployccs work for whom and under whose supervision ud what repons Council would like to sec them bring back each quancr and those kinds of things. That. she said. is really where they arc at . Ms. St. Clair advised she would like to sec the programs aaually expand and improve and they have talked about that together. How they can expand the rehab program into some home ownership programs and expand the Project Build program 10 include some more conllllCIOrs ud include some more appraisals and get some new designs brought in to the City. Thal. she said. is rcally what their plan is and they arc going to do that with Council's suppon and in conjunction with the City Slaff. She Slated that is really what she wanted 10 communicate 10 Council . (a) Council received a letter from Marge Schwindt indicating her resignation from the Englewood Public Library Board. COUNCU. MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION Of MARGE SCHWINDT rROM THE ENGLEWOOD PUIUC LIBRARY IOARD. Ayes : Nays : Motion carried . Council Members Nabholz. Garrett. Bradshaw, Habenicht. Waggoner. Clapp. Burns None ,. - ' ' . I .. •· • 0 ' I 1 • Englewood City Council January 5, 1998 Pacel • 0 , . • Council Member Habenicht said that her understanding is that the 19 .. is a Study Session and there won't be public input. City Manager Sears stated that is com:ct. it is just a Study Session. Council Member Bradshaw advised Mr. Massey he would be welcome to come listen. In response to Council Member Bradshaw. Mr. Massey indicated he has lost 25% to 32°/o of his business since the truck routes were changed. around August/September. Mr. Massey stated he asked Rick Kahln. a few weeks ago. what was happening or when the temporary decision would become permanent. He said Mr. Kahm told him he really did not know, that at that particular time nothing had been decided. Mr. Kahm 's comment to him was that he was not sure if this was a traffic problem or a zoning problem. but that they have advised the truck drivers. voluntarily, not to come around that way. Mr. Massey said. just for Council's information. that it is not voluntary. because he has drivers come in in the evening that complain about these things. He noted they have been coming to his store all these years and they said they have been told not to come that way. Council Member Habenicht said. it is her understanding. Waste Management and the cement company. not the City. arc telling the truck drivers this. She asked if that is true. Mr. Massey stated it is his understanding the City has told Waste Management and Sand H not come around that way. City Manager Sears said he would ask that Council consider this at the Study Session. He commented that he understands this issue was raised due to neighborhood complaints about truck traffic in that area. Mr. Sears noted he does not know exactly who said what to whom and he requested Council wait for the Study Session, at which time the Public Works Dcpanrnent can express exactly what was indicated and the reasons why they may have made comments or contact with Waste Management. Mr. Massey stated he agreed with City Manager Sears I oo-;, that that was why he was here. just to let everybody know his side of the story. He said he was here last time the neighbors were here and he has also been told by his business neighbors down the street that he should stan a petition. He commented that he would like to work together with the City. that he is not here against any neighbor or anything. He said he just wants everybody to know his concerns. Mr. Massey reiterated it has affec1ed his business and he just wants everybody to know that. He said he was going to send a letter to everybody. but after talking around he thought the best way to get his message across was to come down here and address Council . 7 . Noa-teheduled Vi1iton (a) Norleen Norden. Vice Chair of the Englewood Housing Authority, advised she bas been on the board for about 12 or 13 years now. She said she found out today that there arc three items on the Agenda tonight that aff'CCI both the Housing Authority and the City. Ms . Norden stated she would like to take this opportunity to let the City and Council know how much the Housing Authority has enjoyed the relationship they have had with the City in the past . She commented that she bas been very active in national organizations and knows a lot of communities across this country that don 't have the very collaborative relationship that Englewood enjoys. She said she just wanted to take this opponunity to thank Council for that and. to let them know. the programs the Housing Authority has administered on behalf of the City over the past few years have been programs they feel very strongly about. She noted they believe they have done some wonderful things in this community. Ms. Norden explained that as she recalls it was in 1985. over ten years ago. that the Housing Authority son of broke away from the City through an intergovernmental agreement. Based on that agreement. she advised. they set out some guidelines in terms of what the City was asking the Housing Authority to do and what the City would do on behalf of the Housing Authority. That agreement. she Slated. is really prttty outdated now. It is one of the main reasons they fell it wu really imponant that they update that agreement. Also. to put in writing, some agreements between the Housing Authority and the City for programs they arc adminisaering on behalf of the City without any kind of guidelines or direction from the City. She noted it has son of been .. .... • .... .. - • . < .. •· • ' - Englewood City Council January !'i, 1998 Page4 • • • based on an annual meeting they have had in conjunction with the Council. where 1hcy lold lhe Housing Authority what they want them to do and what their goals arc. She opined they have been able to do a real fine job. Ms . Norden advised that she thinks it is time. and on bcbalf of the Board. they have asked their Executive Director lo move forward with Bob Simpson and to put some things in writing. She said she is hopeful Council will take a look at what is being presented to them tonight as a starting point of rcally spelling out what Council wants the Housing Authority to do on their behalf. Hopefully. she noced. they will then have a clearer picture of what that is. She thanked Council. in advance. for taking some time to take a look at the ordinances that arc being presented. She said that hopefully they will be able to carry on and administer the programs the way they would like to have them administered. (b) Cheryl SL Clair. Executive Dircctor of the Housing Authority, said she did not want to repeal cverything Ms. Norden just said. but she did want to clarify a few points and a few miscommunications that she bas heard on these panicular agrccmcnts. First. she said. she would like to make it very clear that this is no( an atlcmpt. in any way. to change any of the programs that arc now existing and have been running so well. as Ms . Norden just mentioned. She advised that they have been administcring the CDBG Program for a long time. The Housing Authority has taken about $4 million in CDBG grants to the City and levcragcd those wilh aboul $4 million in privale funding that the Housing Authority has gone out and gamcrcd. Ms . St Clair Slaled 1hcy have served over 600 families with all this funding. That program. she poinled ou1. has absolu1ely shown itself 10 be a program 1ha1 you can have a lot of pride in. She said it is a Slatcwidc example of how this program should be run. She emphasized they have no inlelltion of changing any of that. thal this is a clarification of what would be the best way to adminiSICr the program . II is the same with Project Build. she Slated. in no way do they want to change the program. this is really just a clarification of who docs what. wbal guidelines Council wishes them to follow, what their goals should be as lo how many houses they actually get done during the year. She said they jull want to get that in writing. for as Ms . Norden noced. they have nothing on Project Build that is in writing. Ms. St. Clair advised she bas spcnl a lot of time with the City staff, City Attorney. Director of Neighborhood and Businm Dcvclopmcnt, as well as his staff. She Slated they all agreed on these agrccmems, that this is the best way 10 administer these programs for the cilizcns of Englewood. There arc a lot ol thiap going on out lhcrc that Council may have heard. she said. and she just wanted to clarify that in no way are they trying to throw the program up in the air and sec where it may fall. This. she Slated. is rcaily just an administrative change as far as which employees work for whom and under whose supervision and what reports Council would like 10 sec them bring back each quarter and lhosc kinds of things. That, she said. is really where they arc al. Ms . SI. Clair advised she would like 10 sec the programs actually expand and improve and they have lalked aboul that together. How they can expand the rehab program into some home ownership programs and expand the Project Build program 10 include some more aJOlraClors and include some more appraisals and get some new designs brought in to the City. That. she said. is really what their plan is and they arc going to do that with Council's support and in conjWICl.ion with the City staff. She stated lhal is really whal she wanled 10 communicate 10 Council. 8. C~ Pradaaadoe1 Md Appoi•'-ts (a) Council received a later from Marge Schwindt indicating her resignation from the Englewood Public Library Board. COUNCll. MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION OF MARGE SCHWINDT FROM THE ENGLEWOOD PUBLIC LIBRARY BOAJlD. Ayes : Nays: Motion carriccl . Council Members Nabholz. Ganat. Bradshaw. Habenicht. Wagoner. Clapp. Bums None ,- ... •· • 0 I Enctewood City Council January 5, 1998 Pqe5 • • • On behalf of Council, Mayor Bums offered their heartfelt thanks to Ms. Schwindt for her service on the Library Board. (b) Council received a letter from Kris Styes indicating her resignation from the Englewood Planning and Zoning Commission. COUNCR. MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO ACCEPT WITH UGUT TIIE USIGNATJON OP KRIS STYES PROM TIIE ENGLEWOOD PLANNING AND ZONING COMMISSION. Ayes: Nays : Mocioo carried. Council Members Nabbolz. Gama. Bradshaw. Habenicht. Waggoner. Clapp. Bwm None (c) Mayor Bums noced thal Englewood had u dcaion this fall to elect a judge for the Municipal Coun and Lou Par1tinson. who ICIYCd 20 ~ did DOI nm for tllal office again. He c:ommenlCd that the City of Englewood has the only elecled jllqe in the Scale o( Colorado. Mayor Bums staled that Vincent Atencio was elected Municipal Judge and he will be sworn in this evening. He said ii was his great pleasure and honor to welcome Judge Leopold cl the Arapahoe DistriCI Coun. who he knows through the Bar and is an old personal friend. Englewood Municipal Coun Judge Vincent Atencio was -. ia by the Hoaonb1e Judge Leopold. Judge Vincent Atencio was robed by his wife. Dd,n Atencio. Mayor Bums offered Judge Atencio congratulalions on bdlalf o( Council (d) Brief Reception Council recessed the meeting at 8: IO p.m. for a brief rca:plioa in honor of Judge Vincenl Alencio . 111c: meeting~ at 8 :32 p.m. with all Council Members present. 9 . hlllic Ilaria& No public hearing was scheduled before Council. IO . C....A ... (a) Approval of Ordinances on First Reading MAYOR BURNS REMOVED 10 (a) (i) PROM TIIE CONSENT AGENDA. (i) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO SET A PUBUC BEARING FOR RBRUARY 2., 19'1 TO GATIRR CITJUN INPUT ON COUNCR. BILL NO. I. Ayes: Council Memben Nabbolz. Gama. Bradshaw, Habenicht. Wagoner, Clapp. Buras Nays : None Motion carried. . , .. .. •· • 0 l •, EapewON City C.-il J-ry5, ,,,. Pqe6 • • • The Ciey Clert -med 10 read Council Bill No . I by title : COUNCll. Bll.L NO . 1. INlllODUCED BY COUNCIL MEMBER BRADSHAW A Bll.L FOR AN ORDINANCE AMENDING Tl1l.E 16, CHAPTER 4, SECTION 17. OF TIIE ENGLEWOOD MUNICIPAL CODE 1985 BY REPEALING Tl1l.E 16-4-17 AND ENACTING A NEW Tl1l.E 16, CHAP1Bt 4, SECTION 17, EN1Tll.ED FENCES. WALLS AND VISUAL BARRIERS . COUNCO. MEIDER BRADSHAW MOVED, AND ff WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM II (a) (I) -COUNCO. Bll.L NO. I, ON mtST READING. Ayes: Council Members Nabbolz, Gamtt, Bradshaw. Habenicht. Wagoner, Clapp. Bums Nays : None Motion carried. (ii) COUNCO. MEMBER WAGGONER MOVED, AND ff WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (a) (Ii) -COUNCIL BILL NO. l, ON mtST READING. COUNCIL BILL NO . J. INTRODUCED BY COUNCIL MEMBER WAGGONER A Bll.L FOR AN ORDINANCE AUTHORIZING TIIE EXCHANGE OF TWO PARCELS OF PROPERTY LOCA1E> AT UNION A VENUE AND mE SOUTH PLATTE RIVER BETWEEN TIIE SOULE TRUST PARTNERSHIP AND mE CITY OF ENGLEWOOD, COLORADO . Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht. Wagoner. Clapp. Bums Nays : None Motion carried . (b) Approval of Ordinana:s on Second Reading COUNCU. MEIDER BRADSHAW REMOVED AGENDA ITEM 18 (II) (I) PROM TIU CONSENT AGENDA. COUNCU. MEIDER WAGGONER MOVED, AND ff WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS II (II) 00, (iii). (iY). (•). (YI), (Yii). (Ylli). (h). (11) aN(lli) ON SECOND READING. (ii) ORDINANCE NO . I, SERIES OF 1997/1998 (COUNCIL BILL NO . I02 , INlllODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE APPROVING A LICENSE AGREEMDrT BETWEEN TIIE CITY OF ENGLEWOOD. COLORADO. AND mE REGIONAL TRANSPORTATION DISTRICT (RTD) TO ENCLOSE CITY DITCH AT mE MINERAL A VENUE PARK-N-RIDE WEST OF SANT A FE DRIVE . (iii) ORDINANCE NO . 2. SERIES OF 1997/1998 (COUNCll. BILL NO. 103 . INlllODUCED BY COUNCll. MEMBER WAGGONER) . . ·~ . ,. .. •· • 0 ' ..... l J- - Endewood City Council January 5, 1998 PaF7 (, • 0 I• - AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR A TEMPORARY AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND CENTENNIAL WATER AND SANITATION DISTRICT TO PROVIDE ADDmONAL WATER TO CENTENNIAL UNTil. A PERMANENT AGREEMENT IS APPROVED . (iv) ORDINANCE NO. 3, SERIES OF 1997/1998 (COUNCIL BILL NO . 104, INJ'RODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE EXTENDING THE TEMPORARY SUSPENSION OR MORATORIUM PERTAINING TO THE ISSUANCE OF PERMITS AND THE GRANTING OF LICENSES FOR THE PROPERTY LOCATED BETWEEN YALE ON THE NORTH, DELAWARE ON THE EAST, SANTA FE ON THE WEST AND DARTMOUTH ON THE SOUTH . (v) ORDINANCE NO . 4. SERIES OF 1997/1998 (COUNCIL BILL NO . 108, INI'RODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AU1lK>RIZING AN EXTENSION FOR 1998-1999 OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED STA TES DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL, TOBACCO AND FIREARMS AND THE CITY OF ENGLEWOOD FOR THE IMPLEMENTATION AND CONTINUING OPERATION OF THE GANG PREVENTION TASK FORCE KNOWN AS GANG RESISTANCE EDUCATION AND nAINING (G .R.E .A.T.) PROGRAM IN BOnl PUBLIC AND PRIVATE SCHOOLS IN THE CITY OF ENGLEWOOD, COLORADO . (vi) ORDINANCE NO. 5, SERIES OF 1997/1998 (COUNCIL Bll.L NO. 109 . INJ'RODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AuntORIZING THE ACCEPTANCE OF COPS MORE 96 GRANT FROM TIIE UNnm ST A'IBS DEPARTMENT OF JUSTICE . OFFICE OF COMMUNITY ORJEN'reD POLICING SERVICES . (vii) ORDINANCE NO . 6, SERIES OF 1997/1998 (COUNCIL Bll.L NO . 110. INJ'RODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AU11iORIZING THE ACCEPTANCE OF LOCAL LAW ENFORCEMENT BLOCK GRANT (ll.EBG) FROM THE UNITED ST ATES DEPARTMENT OF JUSTICE . OFFlCE OF JUSTICE PROGRAMS. BUREAU OF JUSTICE ASSISTANCE . (viii) ORDINANCE NO . 7, SERIES OF 1997/1998 (COUNCIL BILL NO . 111. INJ'RODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE APPROVING SUPPLEMENT NO . 134 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR 'S AGREEMENT WITH THE CITY OF ENGLEWOOD. COLORADO FOR THE INO.USION OF LAND WITHIN THE DISTRICT BOUNDARIES . (ix) ORDINANCE NO . 8, SERIES OF 1997/1998 (COUNCIL Bll.L NO . 112. INJ'RODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE APPROVING SUPPLEMENT NO . IJS TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD . COLORADO FOR THE INQ.USION OF LAND WITHIN THE DISTRICT BOUNDARIES . .. •· • 0 I - • • 0 • (, Ea&lewood City Couacil Jaauary 5, 1998 Paces (x) ORDINANCE NO. 9, SERIES OF 1997/1998 (COUNCIL BILL NO . 113, INTRODUCED BY COUNCD., MEMBER WAGGONER) AN ORDINANCE Al.TTHORIZING AN IN'IcRGOVERNMENT AL AGREEMENT WHICH ACCEPTS AN ASSIGNMENT FROM 1HE HUDSON FOUNDATION TO SOl.TTH SUBURBAN PARK AND RECREATION DISTRICT. WHICH INCLUDES A CONSENT TO ASSIGNMENT AGREEMENT BY 1HE CITY AND COUNTY OF DENVER. BOARD OF WATER COMMISSIONERS AND 1HE CITY OF ENGLEWOOD, COLORADO PERTAINING TO CITY DITCH WATER RIGIITS . (xi) ORDINANCE NO . 10. SERIES OF 1997/1998 (COUNCD., BD.,L NO . 114, INTRODUCED BY COUNCD., MEMBER WAGGONER) AN ORDINANCE At.rnfORIZING 1HE ACCEPTANCE OF A VALE GRANT FROM 1HE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF 1HE 18™ JUDICIAL DISTRICT. Ayes : Council Members Nabholz. Garren. Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays: None Molioa carried. (i) Council Member Bradshaw asked if Council Bill No. 98. regarding trash bauling lia:alcs. precludes any raidcnt from hauling his or her own trash . City Attorney Brotzman said m , aay laidmt cu Ft tllCir OWll lic:ealc . So, Ms. Bradshaw said. for her to put trub in her Ind and tallc it ID di.-e of it. 1111c -W have to have a lic:ealc . Mr. 8rotzmaa llaled thal is aJffllCI. Ms . Bnidalw IIIUd if sllc llad to have a liceme to -uasb from her prapeny . Mr. Bl'IIIZIIIIII DIiied cawmtly dlll is die way it is wrinea . So. Ms . Bradlilaw COllllllellled. Ibis .-Id Slap people from moving dlear-. tralla . Mr. Brauman said that is correct. City Attorney Brotzman said he sbould take tbal llac*.. tllal if you are aac doiag it for a fee. if you are helpiag your aeighbor haul away 1n1e brancbes. you clDII ·1 haYe to Ft a liceme. If you charwc your acighbor to haul it away , you have to gee a licemc. c-aJ Member ~ llaled sbc jusl lleeded clarification. City Attomey Brotzman adviSCld you can do your own becaUle you are not going to charwc youndf I fee . This is only if you are charging a fee . a.. Couacil Member Wagoner said. you llill bavc IO pay a licensed hauler. You have to sap up with a llCCllllld lllaler IO baul your tralla. Council Member Bradshaw said tbal is a cWren:nt ordinance. City Aaomey Bruuaan llllell Council Member WagDIICI' -sayiag if you are going to do your trub weekly you would haYe to obtain • liame. Ms. Bradshaw asked if it is like a lprin1 clean-up thing. if you would be cuy. City Aaonicy Bl'IIIZIIIIII adviSCld that is line. you don 't have to obeain a licemc for that. Council Member Waggoner oommented that there is also a proposed ordinance that requires everyone 10 sign up with a trash hauler. City Attorney Brotzman said that is correct. Then. Council Member Habenicht said. what Council Member Bradshaw indicaled is true. tbal if sbc has some big pieces to haul away and she has a friend who is willin1 10 haul them away for her she doesn 't have to pay an extra fee to her trash hauler haul them away . Bec:ausc. she IIOled. Iha& is the way the ordimncc reads. that she has to have a privaae liccnSCld tr sh hauler to haul away her trub. City Aaomcy Brotzman said no . for illSWICIC when we had the big snow lbal bnJkc all the 1n1e limbs. you can haul away your own 1n1e limbs. but the Olbcr propoa ordinance rcquira you to be liped up with a llCCllllld u.b hauler. So you have to be signed up with I licensed uuh hauler. Mr. Brotzmaa reilerlted you don't bavc • ' •· • 0 , I ]- - • • • • Eapewood City C1N1ncil Juuary 5, 1991 Pqe9 to get a license for those extra. bigger items you IIPe. but you do hPe to be signed up with a licensed tnlSh hauler Wider the other .,..._. ordinance. ORDINANCE NO . 11. SERIES OF 1997/1991 (COUNCIL BILL NO . 98. INTRODUCED BY COUNCIL MEMBER CLAPP) AN ORDINANCE AMENDING 1111..E 15. CHAYraR 2. SUBSECTION 3. AND ENACTING A NEW 1111..E 5, CHAPTER 26, OF nlE ENGLEWOOD MUNICIPAL CODE WHICH PERTAINS TO TRASH HAULING LICENSES . COUNCil. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM JO (b) (i) -COUNCil. alLL NO. ti, ON SECOND READING. Ayes: Cou.ncil Members Nabbolz. GlrTett. Bnidsbaw, Habenicbt. Wagoner, Clapp, Bums Nays : None Motion carried. (c) Resolutions and Motions COUNCil. MEMBER BRADSHAW REMOVED AGENDA ITEM 10 (c) (iii) rROM THE CONSENT AGENDA. COUNCil. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITI.MS 10 (c) (i) ud(ii). (i) RESOLt.mON NO. I. SERIES OF 1998 A RESOLlJTION DESIGNATING nlE BULLETIN BOARD IN nlE LOBBY OF ENGLEWOOD CITY HALL AS nlE OFFICIAL POSTING PLACE FOR ALL NOTICES OF nlE CrrY OF ENGLEWOOD. (ii) RESOLt.mON NO. 2. SERIES OF 1998 A RESOLlJTION FOR nlE APP01N'1MENT OF JOHN LOUIS PARKINSON AS AN ASSOCIATE MUNICIPAL JUDGE FOR nlE CrrY OF ENGLEWOOD . COLORADO . Motion carried. Ayes : Nays : Cou.ncil Members Nabholz. GlrTett. Bnidsbaw. Habenicbt. Wagoner, Clapp, Bums None (iii) Council Member Bradshaw commented that Council has to designate the Englewood Herald as the lepl newspaper because it is the only game in town. So, she said, there is not a choice there. City Clert Ellis advised that she did a compantiw: SIUdy of the various newspapers and the rellOII we arc doing it this way is because State Statule ICU the COIi they can charge and there is cenaia criteria regarding where they publish the .-.paper. the Herald is published within Arlpaboe County . Council Member Bradshaw Slated she jull hales 10 haw: a farad choic:c. that it is like there is no c:boic:c . "' - • I - .; •· • 0 l Englewood City Council January 5, 1998 Page 10 • 0 (• • COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO DESIGNATE THE ENGLEWOOD HERALD AS THE LEGAL NEWSPAPER FOR THE CITY OF ENGLEWOOD UNTIL MODmED BY THE CITY. Motion carried. Ayes : Council Members Nabholz. Garrett. Habenicht. Waggoner. Clapp, Bums Nays: Council Member Bradshaw • *. *. Mayor Burns noted that itan 10 (c) (ii) was a rccommendalion to adopt a resolution to appoint John Louis Parkinson as an Associate Judge. As it was approved. he must be sworn in . Associate Judge Parltinson was sworn in by Englewood Municipal Coun Judge Atencio. 11. Replar Acmda (a) Approval of Ordinances on First Reading Director Simpson stiled that there arc three intergovernmental agrccmcnls for Council's consideration, between the Englewood Housing Authority and the City of Englewood. He said he would be very brief. but he was going to address items 11 (a) (i). (ii) and (iii) in unison . He said he would like to echo lhc collaborative approach that wc have taken in the development of tbesc intergovernmental agreements. Mr. Simpson advised he would give Council some background. When he arrived here IWO years ago, there were a loc of priorities that he nccdcd to look at and one of those priorities was the relationship thal existed bet-. the Englewood Hoosing Authority and the City of Englewood. He opined that one of the things you do is prioritize. He stated he feels there arc a toe of positives and successes that have occurred bctMeO our two agencies and these documents c:dcbratc those suc:a:sscs . But. he pointed out. there arc some things Iha& do need IO be addressed and these documents also address those issues. Mr. Simpson maintained that. the faCI that they have been working on these for the past two years. is some testament to the need to begin to move forward on them. He explained they have had some setbacks due to staff changes and those have created some delays. Also. some educational issues have set them back . Dim:lor Simp11111 Slated he would like to address them on three major points. First of all. he opined. the general IGA that is before Council. Agenda Item 11 (a) (i). is really very general in its approach. It is meant IO strengthen and maintain a very positive. successful relationship between these 1wo agencies. He nOlcd in his opinion it is really an updale of an existing relationship. It is mcanl to clarify the roles and responsibilities of each one of us. and he bclicvc:d. in so doing. it results in improved lcvcls of communicalion. He said he thinks that is very positive and oac al the things that a,mes out of it is improved levels of accountability and the opponunity for the City ol Englewood IO have the ability to evaluate current relationships with the Englewood Housing Authority . Mr. Simpson COIIIIIICllted that t.bal ability to evaluate and determine whether programs arc cff'CIClive or working. or whether wc as the City need to make policy changes. arc now established concn:tcly and allow us to move forward . Those evaluative opportunities arc based on some criteria that may be allowed IO be adjlll&cd in the future sbould Council want to lake another look . Tilcsc agrccmcnts arc not put inio place forever , he pointed out. but they do begin to set fonh a relationship thal really moves us forward again . Lastly, Director Simpson said. and one of the important things lhat needs IO be mentioned. is thal it does solidify an impfovemcnt ofa management rclalionship. Cunently, the way the En&Jcwood Housina Authority and the City of Englewood have been operating for well over ten yan. due to a whole variety ol factors. the way it has happened. has resulted in a unsatisfactory relationship with mafMll"DC!M ltaft' ud ,- •· • , -- • Englewood City Council January 5, 1998 Pace 11 • 0 I • • line Slafl'. Whal lhal relationship has done has been unfair to a lot of people involved. He opined that what this intergoYmllllelltal agreement is suggesting to do is to clarify some of those rules for some of those employees and get things put back into a fair and equilable position. Director Simpson Slated that he believes these documents arc important and they set fonh some directions that previous Councils had wanted to talk about. He said he would answer some detailed questions in a moment. He aJlllltlCllted that be thought these relationships really document a successful existing relationship, but really suengthen future communication. Mr . Simpson urged Council to approve items (a) (i), (ii) and (iii). He said he and Mart Graham would answer any questions Council might have. He noted they have been working very closely on this. Mayor Bums Slated he wanted to explain to the public. prior to any discussion. lhal he is the liaison Council Member to the Housing Authority Board and the Housing Authority is a separate corporation under State law and not a division of the City government. He advised he confem:d with City Attorney Brotzman about this again this afternoon and that any member of Council that is on both Council and this Board cannot discuss this item or vote on it. So. he said. he would have 10 abstain from any discussion on this. He Slated he just wanted to clarify it once again so the public isn't confused about that. Council Member Clapp asked Director Simpson how long he has been working on this with the Housing Authority. Mr. Simpson said the reality is he lw probably been working on this over a year and a half. He advised he slalting working on this panicular issue with Director Malinowski under Doug Clark ·s administration. Due to a whole variety of priorities adjusting. he said. he was not able to move it forward . He stated he and Director St. Clair sat down and have really been able to identify mutual interests and things that they believe will forward and strengthen the City of Englewood's relationship and improve our management relationship. So. he said. he believes they have made significant progress in the last six months. Council Member Clapp questioned why it is just coming before Council without Council discussion. a study session. She said she really feels thal is important. She commented she is glad he is comfonablc with it. Dircctor Simp11111 stated that is perfectly lcgitilllllC. that he thougbt it was an issue of timing related to the budget. He adviled they have been trying to get this agreement in place. becaUlc the 1998 Budget the NBD passed had anlicipated that the Housing employees. he currendy bas under his budget. would be transfcm:d under this intcrgovemmcntal agreement to the Housing Authority by January I . He stated that Ima·, been ICXIIJIIIPlislled. As to why they haven't had a ditamioa on it. he said. is probably due to changes in admilliltnlioll ud other mon: amponant pnonties like Cuiderdla City. Council Member Clapp advised thal she feds Project Buald is 1JR11Y 1111pona11110 the City. Director Simpson agreed absolutdy. Ms . Clapp stated lhlff arc -things that she really thinks need to be discuacd further . Council Member Bradshaw allied if thas Wllllld aepuvety UllpKt Project Build in any way . Dueaor Simpson advised that wllll tbis particular i_...,.._ II ...--is sugating to111ghl . COlllcmplata the exisling rclalJcNabip He ~ CouaJ dial II IS IIUly I policy decision thal he ... no problem with wbalcver !bar decision 1s. e1tber way He 111111111 ii -bniught to his attention dunq budget sessioas. thal the 1996 Couaal had wUled IO tnlllder $320.000 of the morues out of Pro.,eca Buald for uac for business enhancemenls ud tbis IGA casmpl*' dial. SIIOuld Council ci-IIOI IO do tlls ud ci-to leave ii in there. thal II fine too So. lie advl8lld. they can either ci-to ~ It. 111 accordance with the 1996 COUIICII rc,ques . Of they ca law: It• SI 11111lion . He noced. iftllen-aay changes. thal is the only one . HoneslJ . be 111d. fAllf llal • po111»a on thal one . even tboup be doa have uac fOlf it. ,, - •. '"' • • 0 , r,, • I• , 2 • Englewood City Council January 5, 1998 Pap! 12 • 0 I• • Council Member Habcnichl staled she would like 10 clarify lhal. She explained 1ha1 lhc Cily Council had said at that time !hat they wanted pan of the Project Build funds going toward commercial and economic rcdevelopmenl. Not taking it out of Project Build. but redirecting some of what Project Build was doing under the Cily. Ms . Habenicht stated she was really finding some lack of communication here that still has her fccling concern. Bccausc, she said. she is the one that brought !hat up, !he funding question al the budget meeting, and finally somebody looked it up in the record and saw tha1 it had happened . She opined that there arc too many things that arc happening surrounding this fund and this program that arc not verified and agreed upon in memory, much less authenticated to do something without going through some major discussion with Council into what the intent was. what the inlcnl is and what they need 10 be doing. She pointed oul thal c:vcn his comment there docs not bear with her memory. Mr. Simpson commented that be wasn '1 here in 1996. Ms . Habcnichl said she understands that and obviously he has heard something different than her memory. She acknowledged lhat her memory was not Oawlcss. Director Simpson stated thal they did read 1hrough the minutes and tried lo get thal information. He said it was based on what she lold them al lhe budget session. This really reflects 1ha1 and if. he stated. that is inappropriate or incorrect. they just need 10 discuss 1ha1 more. Council Member Bradshaw advised 1ha1 she. 100. had a 101 of concern and after Council Member Clapp called her this afternoon she 1hough1 aboul wha1 she should do aboul lhis and where she could find lhe information she nccdcd . Ms . Bradshaw said she called Ms. SI. Clair and just told her she was really concerned aboul Ibis and asked her if this is a problem. if ii is a ncga1ive 1hing. if the Housing Authoriiy had scc:n ii. She stated Ms. SI. Clair answered all her questions 10 her satisfaction. Ms. Bradshaw poinled out this is a council bill on first reading and ii won ·1 go in10 effCCI un1il Council passes ii on second reading. For discussion pwposcs. she asked if Ibey could pass ii on first reading. require a study session and then go wilh it on second reading after !he study session. Council Member Nabholz staled she has a 1endency 10 go along wilh Council Member Bradshaw on that pan of it She noted she may need some 1nore informa1ion. bul 1ha1 ii was her understanding 1ha1 11 (a) (i) is basically a housekeeping lypC thing, 10 pull in and lighten 10 find oul who is under who. She asked if that was correct. Director Simpson felt thal was correct. Ms. Nabholz advised 1ha1 she doesn '1 scc:m to have any problems with Communily Devclopmcnl Block Grant funds at all . But. she said. she feels our Project Build needs to be the bes& it possibly can be and she doesn "t quite undcrsla.nd what the 1996 Council had requested and where we arc at now . Council Member Habenich1 stated lhat one of lhc concerns she also has is 1ha1 they had talked a little bil abou1 adrninistnlive reorpni7.atioa. how thal is done . how dicpanmcnts arc .-ed. cbanlcd ud all of that. And. she said. she thinks this is one of those things !hat son ofhappcnc,d without Council's appl'O\lal over the years. where we ended up withoul a Communiiy Dc:vclopmcnl departmcnl. We now have something thal is still very nebulous in 1enns of neighborhood and business services. she said. and ii has nothing 10 do wi1h lhc personalities 1ha1 arc in 1hcsc jobs. She stated 1ha1 tlus 1s one of thosc tlungs she would like to sec our Ciiy Manager lake a look al. If indeed. she said. our Ciiy Manager wants 10 come to Ciiy Council and rccommcnd lhat we have a Communiiy Dcvclopmcnl department apin or not. for whatc:vcr reason. thal once Council has made this kind of agrccmenl they have sort of taken that port.ion of what would be a Communiiy Dc:vclopmenl dcpartmcn1 • s role oul of the Cily and into the hands of an authonly. Ms . Habenicht 5lrcsSed that she has some real concerns aboul that. thal governance. accountabilily and checks and balances arc probably the fina issue of concern 10 her. all the time. And when something. she said. happens like this. c:vcn !hough it may be wonderful. bu1 it is making all sorts of changes based on something thal was half way. quasi understood. inappropria1ely done over time. Noc maliciously. she noted. bul she fell we arc getting ourselves in10 something thal we have to be very clear as to the delineation as 10 whal the role of lhe Ciiy is. what 1he role of this Housing Autboriry is and how we want this 10 be . She said she lhinks 1he proposed changes rven indica1e 1ha1 the HOUS1ng Autborily is cn:a1ed by 1he Council and could be dissolved by 1hc Council. and 1he changes arc taking thal power away . -• ,- •, •· • 0 • • • <. Eackwood City Council J-ary 5, 1998 Paa,ell from Council. Ms . Habenicht opined that when people elect them as Council Members they want them to be responsible for what happens in the City and not to give that authority. that is vested in the elected represenwives. to others. just handing it over. She advised she aiuJcl not vote favorably on this first reading or sec:ond reading at this point in time. until she has a much clearer understanding, and that everybody else also has a clear understanding, of what it is they are doing. Council Member Bradshaw noced she was on the Housing Authority from 1980 to I 98S and during that time she lltCllded a conference in San Antonio. She mailllained that the different relationship that Englewood has with its Housing Authority is something we need to nwture. Ms . Bradshaw opined that some of the comments that were made tonight were made in iooocence. but it has shown that then: is not a positive relationship, it is just like Council still wants to be in charge of. She advised that in other communities the Housing Authority is a locally independent entity. She Slated she thinks Council has an issue with 11 (a) (iii) and that is the Project Build. which she feels is the biggest issue. Ms . Bradshaw Slated she also has conccms about City employees who call Council Members out of school and talk to them. But that, she commented. is a whole other issue. She said she was not sun: if this person is a City employee or a Housing Authority employee. Council Member Bradshaw pointed out that the program has run drectively, Englewood has a good Housing Authority. She asked City Attorney Brotzman if this is what we have been doing and ifwe are just finally, actually documenting it. She asked if this is what his office was led to believe. Mr. Brotzman said that was correct. Ms. Bradshaw asked if this is what has been in existence since the Housing Authority was formed and all they are doing is putting it in writing and malting an agreement out of it. City Attorney Brotzman said except for the transfer of the thn:e employees to the Housing Authority . He added that the thn:e employees have been managed by the Din:ctor of the Housing Authority all along. But now, Ms. Bradshaw said. they would have to repon to that person instead of reporting to the City. Mr. Brotzman said that is correct. Council Member Bradshaw asked City Attorney Brotzman. in essence. what are they changes he sees. Mr. Brotzman Slated that is the only change. Ms. Bradshaw said that is the only substantial change. Mr. Brotzman said that is correct. (i) A recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Englewood Housing Authority to improve coorclilllllion and clarify n:speaive obligations was considered. The City Clcrt was asked to read Council Bill No. _. by title: COUNCll.. Bll..L NO. 4. INTitODUCED BY COUNCIL MEMBER WAGGONER A Bll..L FOR AN ORDINANCE AUTHORIZJNG AN lllncRGOVERNMENT AL AGREEMENT ENTl11..ED -AGREEMENT BETWEEN 11iE CITY OF ENGLEWOOD AND 11iE ENGLEWOOD HOUSING AUTHORJTY .- COUNCU. MEMBER WAGGONER MOVED, AND IT WAS SICONDID, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO. 4, ON ffllST READING. Ayes : Council Members Nabholz. Ganett. Bradshaw. Waggoner Nays: Council Members HabenichL Clapp Abstain : Mayor Bums Mot.ion carried. (ii) A recommendation from the Deplnment of Neighborhood and Busioca Developmcnt to adopt a bill for an ordinance approving an lntcrgovenuncnta Agreement with the Englewood Housing Authority rcganling Community Development Block Grant Funds was coasidered . "' -. ( ·- .. •· • 0 , - - • Englewood City Council January 5, 1998 Page 14 • 0 • The City Cleric was asked to read Council Bill No. 5 by title: , . COUNCIL BILL NO . 5. ~ODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AU1ll0RIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED~ AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND llffi ENGLEWOOD HOUSING AUTIIDRITY REGARDING C.D.B .G. FUNDS" BETWEEN THE ENGLEWOOD HOUSING AUTIIDRITY AND THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) fli) -COUNCIL BILL NO. 5, ON nRST READING. Ayes: Council Members Nabholz. Garrett. Bradshaw. Waggoner. Clapp Nays: Council Member Habenicht Abstain : Mayor Bums Motion carried. (iii) A recommendation from the Dcpanmcnt of Neighborhood and Business Development to adopt a bill for an ordinance approving an lntergovcmmcnlal Agreement wilb lhe Englewood Housing Authority rqarding Project Build was considered. Council Member Bradshaw questioned whether they could modify the amount of money . City Attorney Brotzman advised she could modify it on second reading if she would like. Or. Council Member Waggoner swed. she could amend it right now . Ms . Bradshaw asked if deleting that Whereas would take care of it . Mr. Wagoner said yes. just dclctc 1he Whereas 10 be transferred. it still lea-. it at the $320.000 designated for business cnhanccmcnts. but keeps it from being rransferred inro the Gcocral Fund. Council Member Gam:tt asked how lhe $320.000 is being used now . Director Simpson advised it is pan or Project Build. it's a million dollar project fund . Council Member Bradshaw qucstiooed if that money 15 in there right now . Mr. Simpson said lhat it is in there. Mr. Garrett asked if it is desipaaed. just DIil used for that. Mr. Simpson said no. it is all used for Project Build funds and what this would COl1IClllplalc as it is written. is that $320.000 would be transferred out or Project Build to be used for business enhancements. Council Member Bradshaw DOied when she was on Council lcrl years ago . they had an Englewood downtown beautification project. a loan program. to help people with signage and all kinds or stuff and to clean up the facades . Council Member Waggoner advised WC still have that through EDDA. Council Member Habenicht stated that that was not what this money was dcsignaled for . Ms . Bradshaw said youn was 10 help build businesses. She asked whal 11 was dcsignaled for . City Allomcy Brownan suggaaed If they want 10 take care of 1hc money issue 1hey can simply elim1na1e thc 2,od . 3n1 . 4"' and s"' Whereas. Council Member Habenicht said. to clarify. the rhought was that Projc,ct Build was utilized to acquire propcnjes that were not ncceasarily desirable for other people to buy. and raze the properties and rcbuild something that would be of clcvatcd stalurc in tenns ol better housing. housing Slack for the community. That same kind of thing was making Project Build money, she said. and as we had son of nan OUI olthe number of homes that were available the way Project Build had bclCn devdopcd. the thought was to aan utilizing that for acquiring some propcnies that nobody wUIOd to acquire for busi-and raze those perhaps and have them availablc for redcvc..-i. cspeaally aloag the South Broadway corridor. Things like that. That. she advised. is whll they ralud ablllll lllilizill& 11111 ~ b'. by drsilJIIWII the thrust ol Projc,ct Build to go more toward COIIUIICl'CiaJ than just houliq. Alld t.bal, she DIiled. is wllll tbal was all about. And now it has been i111utu1cd 11110 IOIIIClban& other. • 1 Iliad. thal II there to be utilized ,, - .. ., • • , ]- - • • Ea&tewood City Council Janary!I, 1998 Pqel!I • • • all the time . She opined it is just anocher example of a fund being created and then being perpeblalCd for something other than what it was intended. Ms . Habenicht said she really thinks this deserves a lot more discussion. that all of these things deserve a lot more discussion . Council Member Bradshaw opined that. as this is on first reading. it allows for discussion between first and second reading. She said she would ask staff to schedule all of these as a study session item and at least get them out there for first reading. The City Clerk was asked to read Council Bill No. 6 by title: COUNCIL Bll.L NO. 6, INTRODUCED BY COUNCIL MEMBER BRADSHAW A Bll.L FOR AN ORDINANCE AU1HORJZJNG AN INTERGOVERNMENTAL AGREEMENT EN1Tl1..ED ~AGREEMENT BETWEEN 11fE CITY OF ENGLEWOOD AND 11fE ENGLEWOOD HOUSING AU11iOIUTY REGARDING PROJECT BUILD ." COUNCll. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Iii) • COUNCll. BILL NO. 6, ON nRST READING. COUNCll. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO AMEND COUNCll. BILL NO. 6 BY DELETING THI 2ND, JIID, 4nt AND !1 111 WHEREAS. Council Member Garrett advised Council that. as the agreements ~ tmically bundled the annual payment. he would be asking thal they be sqregated. if we are going to ~ two sepuatc agreements. He staled tbal would be one~ tlle rec D :INions he will be making. Council Member Bradshaw agreed that was a p>Od point. Ayes : Nays : Abllain: Motion carried. Council Members Nabholz. Garmt. Bradshaw. Wagoner c-il Members Habenicht. Clapp MayorBurns V• .._..._ ..._ .. ..,._ C-61 Bil Ne. 6 •_..: Ayes : c-:il Members Nablloiz. Gama. Bradshaw. w...,_.. Nays: c-:il Members Habenicht. Clapp Abllaio : Ma,-Burns Motion carried. (b) (i) CouociI Bill No. 97 . amending the Planned Unit Devdopment for tlle Brookridge Shopping Ceolcr. -comidered. COUNCll. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (') (I) • COUNCll. BILL NO. '7, ON SECOND U.ADING. ORDINANCE NO . 12. SERIES OF 1997/1991 (COUNCIL BIU. NO . 97 . INTRODUCED BY COUNCll. MEMBER VORMllT AG) AN ORDINANCE APPROVING AND AMENDING 11iE PLANNED UNIT DEVELOPMENT FOR 11fE BROOKJUDOE SHOPPING CENTER TO Au.OW A CHANGE IN ROOFING MAlEUALS -~--- . ' .. • • 0 - Ea&tewood City Council Jaa•ary S, 1998 Pqel6 • • • FROM ST ANDING SEAM MET AL TO DIMENSIONAL ASPHALT SHINGLES AND TO ALLOW CONS11lUCTION OF A SIX FOOT SINGLE-SIDED FENCE ON 1lfE EASTERN PERIMETER OF 1lfE SHOPPING CENTER. Council Member Waggoner questioned wbcthcr Ibey ever got an answer to the question on how of the adjacent property owners were for the six fOO( fence. Ciry Manager Sears asked Slaff if they knew how many of the neighbors wen: for the six foot fence . Tricia Langon. Neighborhood and Environment Technician. said that as Mr. Spriggs had iodiaued al the public bearing, be spc*e to all the n::sidcDls along the eu1em boundary, the twelve n:sidents. and al that time. and also at the neighborbood meetings. DO --opposed to the six foot high fence . In respomc to Council Member Bradshaw, Council Member Waggoner advised that his question was how many were in fawr of the six foot hip fence . So. Ms. Bradshaw noted. we don't know, but we know none wen: opposed. Council Member Wagoner poinled out that they don't know anything mon: than they did al the public hearing. Ciry Anomcy Brotzman said that is right. Ayes: Council Members Nabholz. Garrett. Bradshaw. Clapp, Bums Nays : Council Members Habenicht. Waggoner Motion carried. (c) Rcsolutioos and Motions There wen: DO additional raolulions or motions submined for approval . (Sec Agenda Item 10 -Consent Agenda.) 12 . Geaeral Dilalllioa (a) Mayor's Choice I. Mayor Bums wished everyone on Council a Happy New Year. 2. Mayor Bums adviled be would be submitting his n:port from his trip to the National League of Cities aMlfercnce in Philadclphia with a small box of pamphlets. handouts and all kinds of things Ibey brought back. He noted tbcrc was a lot of good inlonnalion both be and Council Member Nabholz acquired tbcrc. 3. Mayor Bums thanked Paulcna Punccrclli for her article in the Govcmmcnt West magazine in Dcccmbcr about Englewood. He opined it was very well done and he was very pleased to sec that. 4. Mayor Bums advised that at the last DRCOG board meeting the urban growth boundary was adopted. He noted that was an imporWII Slcp by the DRCOG board . 5. Mayor Bums c:onuMDled that be noticed the Cultural Ans and Pub and Recreation miDuta arc in awfidly small type. He said be was wondering if Ibey mipll lllC the -size type • Ibey have for their other minutes. (b) Council Member's Choice (i) Council Member Nabholz : ., •· • 0 , J En&lewood City Council Juuary 5, 1998 Pace 11 • 0 t• • I. She said she wanted to clarify the stuff they passed on first reading tonight on the Englewood Housing Authority. She commented that it is her Ullderstanding there will be a study session before it comes around for second reading so there will be more information on it. City Manager Sears advised it should be scheduled on February 2'"'. that's the time for the public hearing. 2 . She advised that a gentleman called her in regard to the City ditch up on Sherman and Dartmouth. She DOled the fence has been down. Ms. Nabholz staled another lady called her and said she was told that basically the fence belongs to Denver. She informed Council she spoke to Bill McCormick and he said he would uy to check it out and get back to her today, to find out if we actually own this fence or have some nails been hammered into the concrcu: to just hold the chain link fence up. 3 . She said she also had four calls Sunday morning in regard to the odor problem with the Waste Water Treatment Plant. Ms. Nabholz advised she was told we had run out of chemicals and that we only have a 4000 gallon storage tank . She said she needs to find out why we would run out of chernicals. if it was a matter of trying to figure out usage or what . (ii) Council Member Bradshaw commented that she found a note in her agenda over the vacation and when she opened it up she realized this was a problem she was suppose to take care of before Christmas. The south side of K-Man and the slope apanments up there have a real shabby appearance, the hill is covered with mud that isn • t secure. She said they need to do something up there to secure that because then it forms this little mud thing that comes across the road. Ms . Bradshaw opined that it gives a very negative impression of our City from that south side. (iii) Council Member Clapp: I . She DOled she received in her packet. as all of Council did. this new form that apparently they have to fill out if they have been reimbursed for any kind of travel expenses. etc . etc . She said it looks like the deadline is January 15,i, and she would like clarification on whether or not it is the actual dale of the expenditure. what the timeline is on that. She commented that it is probably actual. City Manager Sears advised he hasn't gone through that yet. but that he would follow up on it. City Clert Ellis asked if they would like her to address this issue . She asked Ms . Clapp if she has an idea of the month. Ms. Clapp questioned if Frank Gryglewicz would have the figures available. Ms. Ellis commented he might and asked Ms . Clapp if she felt there was something that falls in that category. Council Member Clapp DOled she took that trip on the first of December to D .C . Ms. Ellis noced that was paid for by City funds. which is addressed by the Statute. She advised Ms . Clapp they could talk about it. that she did get her message but it was after 5 :00. She said she would be glad to go over it with Ms . Clapp. Ms . Clapp asked about mileage reimbursement. Ms. Ellis advised it is all addressed in the Statute. but if she doesn 't have anything that falls Ullder the Statute. that would have to be rcponed. then she would not be required to do that filing . City Attorney Brotzman explained her expenditure was a City expenditure for the Ir.Ivel. that what we arc talking about is if she received any gifts. Ms . Clapp said then this is just gifts and those types of things. Mr. Brotzman said that is right . So. Ms . Clapp said. she docsn 't need to really worry about this. because no one gives her presents. 2 . She said she wanted to see ifFrank Gryglewicz could provide Council with some figures as to what the Englewood Public Schools have paid in the way oC sales tax in their fund raisers. 3. She stated she wanted to follow through and see if Hank Long. our Library Board Director. had any numbers on the software that we arc looking at for the llllemcl. •· • 0 f - • Enpewood City Council January 5, 1998 Page 18 . ' • 0 I • • (iv) Council Member Waggoner noted that Council had a letter in their packet that was written to Mr. Neumann on the steel that was used in the water plant upgrade. He understood there was some controversy over the 304 stainless steel and the 316 stainless steel. he said. and they went through a lot of discussion and in most of the instances they said they were still going IO use 316. Which. he noted. he definitely agreed with. There were a couple of items in there that sccmcd IO say that maybe we could change on some of these. He said he would just as soon sec where you have a corrosive atmosphere. moisture and the air together. that they just stick with the original specifications and go with it. COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, THAT WHERE YOU RAVE A CORROSIVE ATMOSPHERE. MOISTURE AND THE AIR TOGETHER, THAT TREY JUST STICK WITH THE ORIGINAL SPECMCA TIONS AND GO WITH IT. Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht. Waggoner. Clapp. Burns Nays : None Motion carried. ( v) Council Member Habenicht said she just wanted 10 clarify that her votes, on the issues concerning reorganization in the in1ergovem1nental agreement with the Housing Authority, co1ne more from not knowing whether or not she would ultimately agree or disagree with them . She slated she still thinks there arc a lot of questions that need lo be asked . She said she appreciates Council Member Bradshaw suggesting that we have a study session prior to this going on second reading. She noted she was also wondering. even though they didn ·1 set a public hearing for them. if ii would be appropriate IO set a public hearing. She said perhaps they could discuss this when they have the study session. Council Member Bradshaw asked ifwc have lo have a ten day notice for a public hearing. City Attorney Brotzman advised that if it were a public forum instead of a public hearing they would not have all the formal rules but you still get the same testimony . Discussion ensued regarding a good date lo hold a public forum . Council decided 10 have a study session and the public forum on January 26, witb second reading on February 2nd . Council Member Habenicht asked if there was some way they could publish that Council will be conducting a public forum and discussing this issue. She asked how ii would be publici7.Cd . City Attorney Brotzman advised ii will be the same way we publish a public hearing notice in the Englewood Herald . Public Information Off'tcer Punccrelli stated she would help with that also. 13 . City Muager'1 Report (a) City Manager Scars commented that he had hoped 10 have an agreement with Soulb Suburban. unfonunatcly he wa1 unable 10 do that . He stated be and Jerrell Black met one time with Dave Lorenz and that be has met with him a couple of times. At this point in time. be advised. they have not come 10 a resolution . We have sent in the letter. be said. and Mr. Lorenz bas indicated that some of his board members were not in agreement witb the terms of the letter and he dido· 1 offer a compromise or any alternative. But. Mr. Scars advised. he did suggest. as Council Member Bradshaw mentioned earlier. IO have a couple of our Council members. perhaps the Mayor. and a couple of their board members along with Jerrell Black and himself. sit down in the next couple weeks and explore some altcmative1 that could help resolve the issue. so that both South SubwtJan and Englewood would be satisfied or could come to resolution . At this lime. he said. be would ask if Council would consider appointing a couple of mcmbcn 10 attend . He stated he would contact Mr. Lorenz tomorrow 10 sec ifhe also would have a couple o(boanl members and they can set up a time. Mr. Scars noted it will probably be a public meeting during which "' - ... •· • 0 Englewood City C1N1ncil January 5, 1998 Pqe 19 '· • • I• • they will talk through the various correspondence which has gone back and forth and sec if there arc some points to lake back to both boards for potential agreement. Mayor Bums commented that he is n:ally hoping wc can work this out with South Suburban . Council Member Bradshaw advised that she would like to be on that committee. if that was okay . Council Member Nabholz said that her recommendation would be Council Members Waggoner and Bradshaw. Council Member Bradshaw asked if Mayor Bums would like to be there also . Mayor Bums said he would. Council Member Bradshaw Slated that she n:ally thinks if the boards sit down they can hammer out something reasonable . City Aaomcy Brotzman pointed out that if three Council members attend wc will simply post it. Mr . Brotzman advised they will just need to tell us when the meetings arc. if three will be attending . City Manager Scars noted that Council has appoillled Council Member Bradshaw. Council Member Waggoner and Mayor Bums as the representatives . He said he would advise Mr . Lorenz tomorrow and try to put this together in the next week or so to try and move ahead on this as fast as wc can . Council Member Waggoner asked City Manager Scan if he could put together something that they could review before the meeting. Mr. Scars advised they have all the correspondence bclwcc:n us and he knows that Jenell Black has done a lot of work in tcnns of pulling together the types of services wc have up there . He swcd they would provide all that infonnation before the meeting. Council Member Habenicht stated that those that have some input should visit with the members or the committee and let them know what their concerns arc so they can be expressed. Mayor Bums agreed. (b) City Manager Scars said he wanted to bring up the proposed Englewood Town Center to get any comments Council might have. He wanted to let them know wc arc working diligcnlly on this. this is something that we want to keep on the high burner and it is pnx:ecding. He noted they arc proposing to have some agn,cmcnt that clarifies the role of Citivennarc at the next meeting. so that wc can make sure that wc arc working ahead with u much clarity on this project as wc can come up with. Mr . Scars said he just wanted to Ii• this • an agenda item ia caK Council slaald have any qucllioas about where the direction is, staff' wise. on this project . Council Member Bradshaw asked if the name Englewood Town Center bothcn anybody else, or if it is just her. Council Member Waggoner said yes. that he felt they slaald try to name it or change it. COUDCil Member Habenicht emphatically agreed . Council Member Waggoner noted wc arc really not a town . Council Member Bradshaw swcd wc arc the City of Englewood. Mayor Burns commcotcd that town center is al11> a concep1 in the DRCOO 2020 plan . Council Member Bradshaw said sbc really dida't know tbal we have to speak DRCOO in Englewood . Mayor Bums noted it is a name of convcnicnc:e while we arc doing this. . ' ' ... • • 0 , - Englewood City Council January 5, 1998 Pqe 20 • • I• • Council Member Habenicht pointed out that if you drive around the whole metro area of Denver. every once ia a while you see such and such markccplace and such aad such town center along all sons of developments. She swed she does not want Englewood's ~opment of Cinderella City to be looking like that II all or even to have that connotation. Council Member Bradshaw said she has been playing with diff'cmtt words like the Englewood Exchange. Which. she noted. is sort of hokey. but something along that line that shows there are a lot of different things goiJlg on there instead of just one thing. Council Member Habenicht said that is a good name . Also. she advised. in the past she has had a nwnber of citizcnl no baw: said that evcry time they have seen the words they asked that we please not do that. Gladys ~ -one who said that she would love to see us name. maybe the housing portion or some good ponioa of it. the Tuileries, to go back to some of our historical heritage . Council Member Bradshaw advised that we went through that when we were naming Ordlard Place years ago. She said they didn't want 10 call it Tuileries, because they knew people would say toolies and make fun ofit So they didn't do that they didn't go lhat way . That. she noted. was their rationale . But. she said. she really thinks they need to look at the name . She commented that when she, Bob Simpson. Pauletta Puacen:lli and Mayor Bums spoke at Flood. they talked about a coolest for middle school kids. She swed she really thinks this is a resource in our community thal has imagination and could probably do a good job. Even though that one young man wanted it to stay Cinderella City. no matter whll. She said maybe this is the time to do that. Council Member Habenicht said she liked the name Englewood Exchange . Council Member Nabbolz staled that she apmd that the name could be changed. but that she doesn 't want to -• ,et boged down in any kind of muck or mire. Council Member Bradshaw agreal that they don 't want to SIOp progress because of a name . Council concumxl. City ManaF Sean commented that acnaally this is really consistent. as it is his hope to move from idea to implemeaWion. To go through a process of giving it a name is really something different than whll we have hid. He noted it is a very big step to do that. He said however they want to proceed. that we can do some type of contest in the newsletter . Because. he noted. he didn't think the newsletter would be going out for quite awhile . Ms . Puncerelli advised there would be a Citiz.en coming out in about two weeks . Mayor Buns asked if Council would like to do that to have the public submit names. City Mana,er Sears said if Coucil would like to do that it is a great way to pl the public involved in making the decision . Mayor Burm noted there is a lot of imagination out there . Council Member Bradlbaw questioned whether we would be bonowing uouble. City Manager Sean said he didn 't tlliM so . Council Member Habenicht said she liked the idea of opening it to everybody. Council Member Bradlbaw noted that she -jllll trying to think of some way to involve some potmlially disenfrancllited youth in a new project tha1 they couJd feel ownership in . City MB.., Sean a,mm I nt 1 ~ thal we CDUid rua a COIIICII City-wick aad they CDUid also rua a w throu&b Ille ICbool II Ille-time . Couacil CDUid tac a look II a variely of names aad pve a SIOO awud or so to wlloever QI.a up with Ille -or ,,..,.bi., Council Member Habmicbt llated Ille liked that lfllllllCb. Ma,-Bums ap,ed it -a FOd idea. . , • . • • 0 , • Englewood City Council January !'i, 19911 Page 21 • 0 I• • City Manager Sears stated they will contact the school and run a contest through them and at the same time put it in the Citizen and shoot to have the name of the development on March 1 •. Discussion ensued regarding the deadline. It was agreed that it would be March 1•. Ms. Punccrclli asked if they wanted all the names submitted by March 1•. City Manager Sears said that was right. Council Member Waggoner said the question he had was on the timing of the removal of the structures. He asked if it was true that we started on the remediation. City Manager Sears said that was correct. Mr. Waggoner asked when that is suppose to be finished . Mr. Sears stated that according to Rick Kahm he thought we arc talking about four months right now. He said from what he hears. right now . they arc shortening up the time when they think they can have all of their remediation done. Council Member Waggoner said then there is really no reason that we need to wait until all the remediation is done before we can stan demolition . He asked if that is correct. Council Member Bradshaw said that was what she was wondering. Mr. Waggoner staled they should be able to stan demolition somewhere. with some of the parking structures on the nonh side or some of the buildings. Mayor Bums noted that originally the de1noli1io11 was going lo be pan of the developer 's contract Council Member Waggoner asked is it or isn·t ii. City Manager Scars stated that's his understanding. that it is pan of the devetoper·s contract. but there is no pool of money 10 actually go in and demolish 1he building. Basically. he noted. pan of the agreements we have with the individual vendors or with the developer will be to front in the cost of 1hat demolition . But. Council Member Waggoner pointed out. if they stan splitting that up like they were talking aboul. and not going with one general developer. then we have problems in that regard. He asked if that was not true. City Manager Sears said what he thought they talked about was having one general developer and what they arc doing is puning together the standards and the individual contracts with the vendors and then having that money come forward at the time that happens. Then. Mr. Waggoner said. if we arc going to have one dcvcloper we need to get staned. or continue to work out the arrangements for the development agreement. Director Simpson said he would like to clarify a couple of items. Ccnainly. he stated. any anangcmcnts arc possible. but what we arc suggesting is that wc would not necessarily have one developer. Whal is being suggested under the new arrangc1nent . he said. is that 10 create a mixed use project you will have possibly two or three different developers associated with this project. Yes. he noted. they would like to move forward on demolition right away and we need to move forward on ponions of that quickly, specifically to rncct deadlines related to the transit Slation opening. As well as. he noted. if wc continue to move forward and suppon Wal-Man as it relates to the financial direction of this project. their requested opening date is sooner than 200 I. What the result is. he said. is that wc arc looking at methods by which to create demolition sooner. Pan of that issue is related again. back to finances. Mr. Simpson Slated that he hates to say it. but this whole project bas been highly driven by finances and it continues to be . He said we don ·1 currently have a fund of 1noncy 10 fund demolition. but wc arc working on that. Tiiat is pan of the critical tasks that arc being identified over this next four to six 1nonths. City Manager Sears Slated that is really a good point. He opined that they need to continue to keep the Council infonncd on the progress . Pan of that reason. he advised. is to get the contract with CitiventuR that specifies. with a critical path. of when these things can happen. Pan of that may be to really take a look at demolition of a portion of that . For example. if Wal-Man wants to move ahead. and what they arc going to do is consistent with the resa of the plan. and they arc willing to put in funds up front or tear down the portion of the area that they want to develop, he said he doesn ·1 sec any reason that wc couldn't go ahead and do that. • .... • , •· • 0 ' 1-- • Englewood City Council January 5, 1998 Page22 • 0 • Council Member Waggoner said it just seems like wc arc going to have somebody, one panicular party or entity that is going to be in charge of that overall project. Now, he noted. if that is going to be a general dcvc.lopcr he may farm it out to other development people and he may farm out to Wal-Man that portion. to build that particular portion. He may farm out the residential to somebody to build that panicular portion. just like he would watch over the light rail enhancements. He said it seems to him that somebody has to take the bull by the horns and get that sucker tom down. City Manager Sears said he thinks that is also what they arc really talking to Citiventurc about. At the same time, he opined. what they arc really uying to do is master plan the entire area. So the plan is approved in tocal. but the bits and pieces of that could co1ne back. He noted there may be a contract the City has sepualdy with the residential developer down the road. Council Member Waggoner said it would seem 1ha1 wc need that within about a month. Director Simpson stated ii isn 't going to be probable in lhat time period. He advised that what they have reqllCSlcd. as one of those initial tasks. is to identify lhe critical tasks that ha,·e 10 come during this time period. Demolition is certainly an important ponion. he said. but when wc look at finances of this entire project. wc don't have the ability to get some of that down yet. Council Member Waggoner said he knows that the City doesn 't have the ability to pay for the demolition . And certainly, Director Simpson advised. what wc arc trying to do is get 1he Wal-Man ponion tom down fairly quickly and he thought wc could do thal . What wc have 10 do. he staled. is have a plan relatively solid in place so that we can move forwud with that and have agreement on the parking ratios and where the traffic is coming. Those. he noted. arc some of the ocher questions wc all arc seeking answers on. 1bosc arc the questions Wal-Man has. he said. and until wc can get firm direction on that wc arc not going to be able to get them to agree to pay for anything yet . So. he noted we arc a couple of months away. Council Member Bradshaw asked what he meant by a couple of months. Director Simpson said six months. Ms . Bradshaw stated that six months and a couple of months arc different . City Manager Scars noted that if wc don't do the plan right now wc could go to the retail dcvclopmcnt. Director Simpsoa agreed that was right. Mr. Scars commented that there is a proposed agrccmcnt to go back to the retail, to turn it back over to the dcvc.lopcr to come in and develop that . Mayor Bums stated that is not where we arc going. Director Simpson advised that from a timing standpoint you would be able to move forward on demolition very quickly under a 100% retail plan. He noted that these arc some of the issues he brought up in December, talking about the timing. the complexities and the delays. Council Member Bradshaw asked if it -.Id be by June . Director Simpson said that he believes demolition will occur this year. Ms. Bradlbaw asked if that was each of us going out there with a sledge hammer or what. What. she asked. what kind of demolition arc we talking about. Director Simpson said he would advise that if they want to do a 100% retail plan. cenainly Skip Miller has one that he could probably move forwud and progress within a six week period. He stated wc would have to. during that time period. concum:ntly work on a development agreement so Council would be satisfied that his feet would remain in the fire. that wc would get something close to what wc would want. Again. he said. ii docs not have 1hc vision Council 1111 been supponing and he doesn 't know if he could guarantee that. •· • 0 ]- En&lewood City C1M1ncil January S, 1998 Pace 23 • • • Mayor Burns Slated that he was not prepared to hang this plan up on demolition. He emphasized this is not where we are going, that we have another plan that we arc adopting that is imaginative and cutting edge. • Council Member Bradshaw commented that she thought they gave him pretty clear direction on the other plan. Director Simpson stated they have received the marching orders that Council wants to move forward as quickly and as fast as possible on implementation. He commented that he hears that daily from his boss. and he tells him firmly every day to make sure he is moving forward on that. Mr. Simpson assured Council that he is going to carry that out. that we arc going to make that happen. He advised Council that he is not going to tell them he can have a contract for demolition in a month. because that will not happen. Council Member Habenicht asked where we are on the feasibility oftbc Foley's building and moving City Hall into that and utilizing that building and that decision. City Manager Sears explained that that is a very critical and key part. He said Director Esterly advised him tbis afternoon that we have five arcbitectwal proposals and we faxed out to them a list of the different things we will look at with the RFP's. He said he was sorry he didn't have copies of that. but that he would get that to Council. He thought we should be interviewing those people in the next two to three weeks . He said he would hope to have the architect on board by the first part of February at the latest. to start finalizing al least 1ha1 part of the plan from our end as 10 what we can do with that building and what we can do with what we currently have. Council Member Bradshaw asked if there wasn ·1 a movie that needed lo be shot . Director Simpson advised that Asteroids requested to be filmed here. bur when they were talking to us Equitable was unwilling to enlCrtain that idea. He commented that now thal the Englewood Environmental Foundation is in place. given where the insurance is. he was not sure we should be either. Ms. Bradshaw said it was just a thougbl. Mr. Simpson commented that he wished we could. but he thought it would create real imurance prublems for us . Council Member Habenicht asked if we couldn ·1 negotiate that liability. Director Simpson said he could look into it. He said be would love iL he thought it would be run . Council Member Waggoner said he would like lo sec somebody stan with the date the light rail would like to be open and wort backwuds and sec whal happens . He stated he docs not think we have si x moadas. Council Member Bradshaw commented that she thinks we arc closer lo three or four. Director Simpson llared they ~ that. it is a very tight time frame. City Manager Sean said be thought that was a good point. thal we can do that and they are going to be here OIi the I,.. Council Member Waggoner pointed our in order for that light rail station to function you are going to have 10 have -of that infruuuctwe in. Mayor Bums said abllllUldy. Council Member Bradshaw stated when Ibey are here on the I,. she would like an Cllimate COIi olthe lut propoul tllcy saw. City Manager Sean advised that City Vcaturc has been given tbe dirccuon to come up with that . He opined thal Tim Lconanl. Rick Kahm and Frull Gryglewicz have l(IClcll it down to where tllcy really can list lhal ouc. Director Simpson aid it wa very good. thal Tim Leonard worted on it with City Slaff all day Friday. they cnanched numbers ud ii -• very toup day. ' . • I • 0 - Ea&leweod City C.-11 j-ary S. 1998 Pqe24 <. • • • Couacil Member Bradshaw said she doesn't want to sec tbe plan for a SJS million project when we can oaly affilnl SlO millioa. Mayor Bums said that tllOle are the numbers they are aunching. Director SUlll*)ll ldvilml they are wartiDg oa numbers to try and figure out bow we can afford it Dira:tor Simima ldvilml tbll Skip Miller's plan -a $42 million plan under the little version. City Manqer Sean llaled they ...W IIO llaYC tbll for the 19". Mr. SimplOII indicated they probably have that version . 14 . City ManeJ'• ..... City Aaanley 8-did 11111 have uy maaers to bring bcfon: Council. ..... .. ,,, ._._ ··-.. ' ', • I • . • • 0 , __ - • • • • • • '· RID Southwest Corridor • In 1992, RTD began a detailed study called the Southwest Corridor Altemalives Analysis/Major Investment Study in order to identify and evaluate the altematives available for constructing rapid transit along South Santa Fe Drive between downtown Denver and the City of Littleton . • Based upon the results of the 1992-1994 study, the RTD Board of Directors in March 1994 selected light rail transit wilh a southem terminus at Mineral Avenue in the City of Lillteton as the preferred technology and alignment. In July 1994, the Metropolitan Planning Organization (the Denver Regional Council of Govemments), through the Senate Bil 208 process . ratified that recommendation by a vote of 31 to 4. • In September 1994, RTO received permission from the Federal Trans it Administration (FT A) to begin Preliminary Engilwering and the p,eparlllion of an Environmental Impact Statement (EIS) for the Southwest Corridor Light Rail Project . The Preliminary Engineering was completed in early 1996. • In September 1995, the RTD Board of Directors approved spending $3.9 million to complete the final design of the SouthwNt Corridor Light Raif Project pending a Record of Decision by the FT A. • In January 1996, the final EIS was submitted to FT A and a Record of Decision (ROD) was issued in March 1996. • On May 9, 1996, U.S . Secretary of Transportation, Federico Peni signed a S 120 miUion Full Funding Grant Agreement, allowing RTD staff to begin final design. Final design was completed by RTD's in-house design staff in December 1997. RTO was awarded the first federal allocation totaling $2.8 miltion in September 1996. In October 1997. Congress appropriated an additional $23 mi Dion for this project. • In 1997, contracts -re awarded for each of the four line segments totaling approximately $29.5 minion, and for procurement of 14 light rail vehicles, totaling $27.9 million . RTD negotiated and executed agreements with Burlington Northam and Santa Fe Railway Company (BNSF) and Union Pacific Railroad Company (UPRR) for relocation of their track as needed for the construction of the South-st Corridor, totaling $26. 7 million. • Soulhwnt Corridor ground breaking occurred on January 21, 1997; construction began with utility relocation . It is anticipated that the Southwest Corridor LAT Project wil be open for revenue service July 2000. - • 8. 7 mile length (Broadway O 1-25 to Mineral Avenue) • 5 Slalions (~. ~. 0~. Littleton and Mineral) • Two MIS ol lijjht rail iiai:11' • RNaNednght-of-way • 10 minute peak headways • 15 m,nute off-peak headways • StahOns similar to existing Central Corridor LAT • park-n-Rides at 4 sta11on1 (1 ,915 parking spaces on opening day) • Entirely grade separated • Prior Corridor Expenditures $17.9 million • Project Cost excluding prior expenditures (year of expenditure) $159.5 milion • park-n-Ride f~ilitiel • Reserved right-of -way • 14 LAT vehicles (for SW Corndor only) • 5 stations. bridge construction • LAT track. signals and communications • Annual Operating and Maintenance Cost • Ridership • Year2000(openingday) • Year2015 $4.4 million 8 .400 22 .000 ...... • . •· • 0 • ,- 0 I• - ... Southwest Corridor I· • l C • • ' I - • • • • (, City of Englewood CITY COUNCIL Thom.u J. llums Mayor Dtsrrlcr II llewrly J. lr..W..w Council Member ~i....se t.uri a.pp Council Member Dlsrrlcr Ill ~c.nen Council Member Dlsrrlcr IV Ann~ Council Member Dlsmcr I 3400 South EIAri Srrffr Englewood . Color- 80110-2304 l'hor,e (303 ) 762 -2310 fAX (303 ) 762 ·2~ December 11, 1997 Ms . Joanne E. Swanson 4096 South Cherokee Street Englewood, Colorado 80110 Dear Ms. Swanson: Thank you for your letter of December 2, 1997. Concerning your Notice of Violation, it is necessary for you to appear at the Englewood Municipal Court on the designated date. Sincerely, Mayor "' - . ' .. • 0 f ___ . I - • • • 0 , . • JOANNE E. SWANSON 4096 SOUTH CHEROKEE STREET ENGLEWOOD, COLORADO 80110 (303) 789-4726 December 2, 1997 Mayor Tom Bums City Manager's Office 3400 S. Elati St. Englewood, CO 80110 Dear Mayor Bums : I am writing as a homeowner within the city of Englewood. Recently I have experienced some difficulty with the City of Englewood in my attempt to have a landscaping wall built around my property. This letter is to inform you of this difficulty, as I believe it is something you should be aware of. During November, 1997 I hired an outfit called "Designs by Sundown", represented by Michael Hommel, to build a rock landscaping wall to replace one which has been in serious need of repair since I moved in seven years ago . I wa:s unaware that a permit was required for landscaping type work. Apparently, Michael Hommel was also unaware of this as he has done work for other cities where no such permit is required. On Friday, November 21st, Michael's workers delivered the rocks in front of our house on Cherokee Street in order to begin work on Monday, November 24th. Unfortunately, the rocks were partially in the street and, admittedly, a danger to through traffic. Fortunately, the City had put up barricades to prevent any problems. I arrived home that Friday evening to find the rocks and a Notice of Violation from the City with a note to call someone named Nick right away . I called Nick Johnson, Traffic Specialist for Public Works, apologizing for the problem and asking what exactly he needed from me. Mr. Johnson provided me with limited information but did say that we needed, at the very least, to move the rocks over into the parking lane. I then called Michael at home and told him the rocks were in the street and impeding traffic . He had someone at my house first thing the next day to move the rocks into the parking lane. Nick Johnson later told Michael this was unacceptable. If so. why did he tell me to have them moved into the parking lane? On Monday, November 24th, Michael's workers began work without a permit, however stopped work at the request of the City. To his credit, as soon as Michael became aware of the paperwork required to complete the job, he was at the City office filing the required paperwork . The Zoning and Building Departments were having a disagreement on whether a permit was actually required (if they don't know, how arc we supposed to know?). I am still unclear as to whether this permit is really required! Michael spent a minimum of three hours at City offices Monday, the 24th, and Tuesday, the 25th, in an attempt to complete the requirements . During his Monday meeting with Nick Johnson, Mr. Johnson abruptly informed Michael he was going to lunch. Michael waited until Mr. Johnson returned from lunch to finish their meeting . On Wednesday, as Michael was moving the rocks out of the street and onto our property, due to Mr. Johnson's disatisfaction with the location of the rocks , he was again asked to stop work as Mr . Johnson wanted a revisCJl.tgtf~-• plan . It seems Mr. Johnson is not satisfied with much of anything . Ht:\., t: I V ED DEC 3 1997 CITY MANAGERS OFFICE ENGLEWOOD . COLORADO •. •· • , • ,. • • Mayor Tom Bums-Pau Two We then also discovered a problem with an Encroachment Agreement as I wanted the wall built right up to the sidewalk. I was also unaware that this was a problem as one can drive uound Englewood and sec several walls built right up to the sidewalk . Why it seems to be such a problem with my wall, I don't know. I specifically requested the wall up to the sidewalk as I am a disabled person and I am increasingly unable to maintain the weed problem growing in that section. Michael Hommel and I have been extremely patient and cooperative with the City to this poinL However, last week we were both issued summons by Marilyn Lamb, a Code Enforcement Officer. My sununons specifically states "Obstruction of Public Right-of- Way" and "Encroachment Agreement Needed'' and requires me to appear on December 17th. Mayor Bums, in all honesty, I must tell you that I feel this summons is the most outrageous waste of taxpayer money I have ever heard of. Further, I feel that Michael has experienced unreasonable harassment by Nick Johnson and the City. City workers have been hanging out around my house almost daily since this began. Some of the City workers have been extremely helpful but those that aren't are causing what I feel to be unnecessary problems. Are these people considered "customer service"? If so, there is a real lack of training! Neither Michael nor I have resisted anything the City has requested, however my patience is running short. I, without hesitation, will tell you that Michael and I should probably have done our research and contacted the City prior to begiMing worlt . This has been a learning experience for both of us. At this point, I would like to know what can be done to expedite construction of this wall. My understanding is that Nick Johnson needs to approve the permit but has not done so yet. He told me this morning he is waiting on the ''plan". I had to call him to find this out because he failed to communicate this to anyone involved. The Zoning Dept will provide him with a copy of our Improvement Survey Certificate today. This should be all that is necessary. I would also like to know if it is truly necessary for me to appear in coun over this, panicularly since I am scheduled for some surgery on December 10th and may be unable to appear. I have a full time job and will miss enough work due to the surgery. An arraignment and hearing are two more requests for time off. In this rapect, I feel the City is upsetting my livelihood, as well as my attempt to make my property better. I appreciate your consideration and look forward to hearing from you. VC\)'TrulyY~ ____ J __ c _ __.r,~e,r--___ Joanne E. Swanson cc: Gary Sears City Manager "' -. . .. • • 0 f --I Date January 19, 1998 Initiated By • • t• ·~ • ~. COUNCIL COMMUNICATION Agenda Item Staff Source Neighborhood and Business Development Harold Stitt, Planning Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Councjl Goals : Regional collaboration Previous Council Action: -. The City Council held a public hearing on the proposed Planned Development Amendment on October 6, 1997, and continued until January 19, 1998. The original South Suburban Park and Recreation District Planned Development was approved by City Council through Resolution No. 95, Series of 93. RECOMMENDED ACTION The Staff recommends that City Council I BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED As directed by Council at the October 6, 1997 public hearing, the Staff have been in negotiation with the District conceming the proposed amendment to the approved Planned Development. Those negotiations have not yet concluded but should be finalized within the next 30 days. FINANCIAL IMPACT There is no direct financial impact to the City as a result of adopting this Planned Development amendment. UST OF ATTACHMENTS Proposed bill for an ordinance •. ... .. • • 0 I ~• ]- • • • • <. BY AUTHORITY ORDINANCE NO . _ SERIES OF 1997 COUNCIL BILL NO. 82 INTRODUCED BY COUNCIL MEMBER~~~~~~- A BILL FOR AN ORDINANCE APPROVING AN AMENDMENT OF THE PLANNED DEVELOPMENT FOR CORNERSTONE PARK (SOUTH SUBURBAN PARK AND RECREATION DISTRICT) AND INTERGOVERNMENTAL AGREEMENT FOR THE INCLUSION OF 2 IN-IJNE HOCKEY RINKS, 1 SKATE PARK, 4 INFORMATION KIOSKS, 4 SHELTERS WITHOUT RE.9TROOMS AND 107 ADDfflONAL PARKING SPACES. WHEREAS, the Englewood City Council approved the South Suburban Park and Recreation District's Planned Development with the pauage of Resolution No. 95, Series of 1993; and WHEREAS, South Suburban Parka and Recreation District filed an application for an amendment to the 1993 Comeratone Park; and WHEREAS, the proposed amendment would include the incluaion of 2 in-line hockey rinks, 1 skate park, 4 information kioalu, 4 shelters without restl'Oolllll and 107 additional parking spaces; and WHEREAS, the Englewood Planning and ZoniD( Commiuioo held a Public Hearing on August 5, 1997, reviewed the Amendment of the Planned Development and added the following condition: 1. The skate park shall be IUffllunded by a minimum m foot (6') hip fence, with lockinf gates; WHEREAS, the Eqlewood P1anninc and ZoniD( CommiMion also made the following recommendatiom to the District: 1 . The District lbould improve and provide additional pedeatrian ._ from the Soutbeut corner of the Park to the intsnal path .,-.. with defined crouwalb and aidewalb; and 2 . 3 . The District should mitipte the impact of vehicle bndJi,t,ta OD surroundinc residential USN by use of p-adinf, henna, or other meam to prevent intruaiOD of the headlicbtl on the residential USN; and An in-depth review of lishtin1 apec:ificatiou for the parldq Iota and 1katin1 areu be undertaken by the Diatric:t, addreMiq iuues auch u hei(ht of ltandarda, detlection of lipt raya downward, foot-cuulle ratio( of bulba. A liptiq plan acompuain( thia informatiaD. u a minimum, lhall be prepared and sw-ted to City Coancil lbowiq a mitigation of the impact of the propoNCI liptiq far bodl the -- and the parkiDr Iota on the mrroundint rwidmtial UNI; -1- . , • . . , .. • • 0 '-.. I J - • • • • <. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sed;ipn 1. The City Council of the City of Englewood, Colorado finda that the District baa addressed the P1anmng and Zcmiq Commiuion recommendatiODII. 5oc;t;jpn 2. The Engiwood City Council hereby approves the Amendment to the Planned Development for South Suburban Pub and Recraticm Diatrict'a Comentone Park attached hereto u Emibit A. with tbe CODditioD that the skate park aball be 11WTOunded by a minimum Biz foot (8') hip fence, with lockiq ptea. 5erncm 3. The City of Eqlewood and Tbe South Suburban Park and llecreation Diatrict apw that the citizeml of Enclewood aball be p'8lltild South Suburban Pub and Recreation Diatrict'a residential rates for the UN of all facilities in Cornentme Park. &gtigp ,. The City of Englewood and The South Suburban Park and Bec:Nation Diatrict apw to negotiate a payment in lieu of tum for Comentoae Part. Introduced, read in full, ud puaed OD flnt readinc OD the 2Dcl day of September, 1997. Publiabed u a Bill for an~ OD tbe 4dl day of Septmiber, 1997. Tbomu J. Buru, lla,ar ATTEST : Loucriabia A. Bllia, City Clark I, Loacriallia A. Bllia, City Clan altbe City alBapwood, Colorado,--, Ollt:i'1 that the abaft aad ......... ia a tr. copy al a Bill llr an Ordirm, iDtrodaced, read in full, and .,--cm Int ....... cm tbe 21111d day al Septmaber, 1987 • -2- ------ . ' .. . ' • . • • 0 ]- - PAIDF OF PUIILICATION · '"' ENGLEWOOD HERALD STATE OF COLORADO COUNTY Of ARAPAHOE • I, Gerwd J. Healey, do aolemnly -lillt I am the PrNklent and ,...._ of the ENGLEWOOD HERALD; that the aame la a -'dy newspaper • llahed In tha City of Littleton In the County of Arapahoe, ... of Col- orado, and haa a general cln:ulallon theNln; that Mid newapeper .,. bNrl publlehad contlnuoully 111d ~ ecly In Nici County of Mll*IN -• parlod of fflOl9 then 52 ..-p,lor ID the Int publlcalon of the ..-.. no, lar, that Nld n:=: ...... In the Polll Olllce ol cae.... M 8-ld Clale Mall mder 111111 111t the Mid -,,aper la a newepaper wltllln the meaning of the act of the Ganelal ~ ol the ..... of Col-..... = Maleh 30, 1823, and .... NollON and~ ...... other acta l'9latlng to the ~ Md publllhlng of .... ,.... 111111 -publlehad In the l9gUlar and ..... --of Mid ,.. lp&per, - each WNk. on the -day of NCill WNk. for • parlod ol / COIINCIAlve ..,._ and ... iiti. publlcalon of Mid notice -In :t=::&:Jiq-::n The laat publlcalon of Mid notice - In ..... of aid ""'P8I* clllld ~~~~~~~~~,, ~'£4=:- llmc:rtbed and -to!£·. -anr-...-.tt. • f/lf,L.Q,,i::11~~~~~,.~ • ,. •. • • '· .. • • 0 '32xl ]- - .... December 26, 1997 Clean, Green & Proud Commission City Hall 3400 South Elati Street Englewood, CO 80110 • • • (, ' \ ,.. .. V ···---- DEC 2 9 1997 I hope this is read prior to the January 19th meeting regarding "mandatory trash pickup" in Englewood, for I work evenings and am unable to attend. I also hope you have a continued turnout AGAINST this proposal! I have full trash service, yet live alone, thus my retired neighbor puts his trash in my cans. His trash consists of perhaps two "grocery bags" each week, he even uses his lawn as mulch in the summer and recycles (as I do) everything he can (I also have recycle pick up). My neighbor is obviously on a fixed income, and this arrangement has worked for us for 10 years. It is ABSURD to require retired and elderly people to pay for unnecessary trash pick up! I think the clean, green and proud commission should add to their name TAF, Take Away Freedom! I have lived in Englewood most of my life and am seriously thinking of selling my house and getting out of this narrow minded city! A frustrated resident! ,, ~ ' • I .. • . . . ' ~ . .. • • 0 ]- - ~l.evood City Council :,,.no ,cmth ~-ti ~ ~levood. CO "°110-2')00 Rat Mandatory trash pickup 0.a!' Council M11111ben1 • • • 4800 S Jason Ene;lewood • CO AOll0-6415 Janu11ry 14, 1998 This is the third tiM I haft spolaan in opposition to a •ndatory trash pickup fOI' all ~levood houaeholds. As stated before, I aa ce!'tainly in nppo!'t 7tha Clean, Green, and Pl'OUli Ccad.ssion in thail' continuing ettorta to •• Bngl.evood a clean and p!"OUd c«-mity. IOIMWI', I still •intain that eonaideration (and na..,tionT) be giwn to thoae NniOl"S who don't haw en~h trash to Wl'Nnt ewn a bi_...kly atop. I'd be ha1'PJ' to sign a vritten application to be neued t!'Oa tm ordinanoe, OP vhateftr the Council dee• nacessary and tail'. It. is rwpo!'ted that 40oo SUJ"'f8ys WN nnt out and 60( t'aTOSI this ordinance. I did not NCeift a surwy and haw ywt to !ind ,inybody that did, Rc.r WN tha :recipients "lected; WN they Nnt to epacif'i• OP randoa Jla!'ts or tha city; is 40oo a suitable rwprwsentation or the popal.a tionT In addition to a lawn sel"Yice that disposH or Ill)" cut craes, leawa, and triJaiTWS, r•w always been an aTid rweycler, eftn ,re,~ to such ntNMa •• aa~ nter (i.e. in vuhiftlt t'll'Uits and W!!19tablea) to hand wate!' plants OP w1119tation outside tha sprinkler systea. And IIIIJ" latest ...,alinar pPOjlct is sanng tha plutic 'aleewa• f'll'oa tha III01'rWII papeN. Soaa, alorur with ll'Ubber banda, &N :returnacl to a papel' oal'l'ial'; othaN •rw '1wn to 2 dau,;ht.en t'OP use as litte!' bers f'OI' thail' cats. With tha wt.er pl"icea incrwasinc ewry quarter, concrwte rwplace•nt coats blpc,Nd, and nOlr •ndatol')' tl"ash pickup-cm vonclell'S 1t tha city ia ~ to out the NniOI' citisen fOI' yoalll!91' blood J I truly lcna SllllMrood--ouJ" childNn wrw reieed and attended achocls ban, ta.a paid to tha c-ity fOP OWi' 50 -..a", gN&t na~hbors and trlendai but, 11.lal 'f/fY blood pNHUJ'9 • !'111 fNl~ lately that tha sit,ation is 11!9ttin« cmt of' control. flianldn,; you tOP yoUII' thOUjfhtrul consideration, -u..,.~ ~'v RECEIVED JAN 19 1998 CITY MANAGERS OFFICE eNGLEW()OO .COLORADO ,- ' I • . • • 0 •• Mandatory trash pickup t>Nl" Council MalllbeNt ·, .. • • • 4800 s Jason !:nt;l-ood, CO 80110!6415 Janu11ry 14, 1998 !his is the third tilw I haw spolaan in oppodtion to a •ndatOI')' trash pickup tor all ~levood houeholds. As stated before, I aa certainly 1n npport 7'the Claan, Oreen, and Prom Ca.d.ssicn 1n thaiJ-cantiml!Jtg ettorta to•• Snglnood a clean am proud c-.nity, a .. -l", I still •intain that oonaideration (and --.pt.ion?) be giwn to tho• NniOl'8 who don•t haw e~h trash to val"'f'&nt ewn a bi..-.lcly stop. I'd be happy to sign a V'f'itt.en a'PPlication to be neued troa tha ordinance, OI' what.ewr the Coancil dee• mceseary am taiJ-, l't is repol"t.ed that 4ooo 8UJ'Wys wre nnt out and 6~ taTOal this ordinance. I did not receiw a s,u,wy am haw y.t to tind 11nybody that did. ROIi wre the recipients .. 1ected; wre thev Nnt to specitio OI' random ~rt& ot the city; is 4000 a suitable representation ot the pc,pu].ationT In addition to a lawn sernce that dispose• ot ...,. cut IP'SH, leawe, and tl'iJad.nn, I'w always been an aTid reeycler, ewn ire~ to sueh at.NM• as ea'f'inlr vat.el" (i.e. in vashinc fruits and wg,atablee) to hand wt.el" plants or w•tation outside the sprinkler syst.ea. And ...,. lat.est re-,el~ pl"Ojact 1a NTing the pl.utic '••••' traa tha 9IOl'ftinc papen. Som, alorur with rubber bards, are retUl"l'lad to a papal" oa1'l"1el"; othen are pwn to 2 da~htAtN tor UN as Utt.el" bers tor theiJ-cats. With the wt.er pl"icee increasinc •Wl'f qal"t.er, ccncret.e replaceant coats blpoNd, and nC111 •ndatol')' trash y,iclmp-om vonieN it tba city is ~ to out tba •nior citiNn tor ~r blood 1 I ~ low Sftc1"ood-our children wre raised am att.elllled achools hare, t... paid to tha c~ity tor owl" So wan, 1N&t ne~hbON am f'l"iandea but, Ula "7' blood pNHUN, I'M r .. 1~ lat.ely that the sit1ation 1a l!lltti~ out of control, 'nlan~ y ou tor your thOU1Jhttul consideration. ~~~'v RECEIVED JAN 19 1998 CITY MANAGERS OFFICE ENGLEWOOD · COLORADO ,, -. . , • . .. • • 0 • ,.. • . · ... •• <, 01/19198 12:20 PM To: ANABHOLZOCOE, AHABENICHTQCOE, DBRO'fZMANOCOE, LCLAPPOCOE, KWAGGONERQCOE, TBURNSQCOE, Gary s-.lClty al EnglawooclOCOE, BBrlldlhNICity al EnglawooclOCOE, DGaneltOCOE, Gary SeaslClty al EligleMloclOCOE, Bob SimpeonlCily al EnglawoodOCOE, DBROTZMANOCOE, Tric:111 Langon/Cly al EligleMl o IIOCOE cc: Gertrude w.JIJtlCl/ty al EnglewocldQCOE, Nancy F-*>nlClty al EnglewooclOCOE Subject A caller llboul traeh A lady called today about the newspaper article in the Rodg, Mqyntajn NNa concerning the public '-Ing lonighl She waa concerned about a..., GrNn and Proud Conlnlulal• Deen Huffaker'• ~ that if the reeldenls did not contract wiltl a lralh company and "'lhey a.pt their trash in order" that "'lhey could get ,,,,., with It• She was dlalurblld that EliglNood 191iden111, I not required ID have lralh a.vice, would ~ their garbage In Denver .. ALwora,..... do. She ... far ...... CINn, 0.... and Proud Conlnlaalonera phone numbers and.,... Council Membel'a phone numbers. She Mlllkt appreclllle your COlllidelallon on ellher ma1dllll11g ttlat each l98ldellt e.. lralh avloe or leawe I -I le and .. reeldera Nlec:t their lralh hauler. Thallca. Sue a. 6' - ' , • . . . • 0 ]- - IISOf'GP~ ENQuw~ ffEIALo • ·, • • • ,. "'~ . . , •. t• • • 0 f 32xl Res Mandatory trash pielmp 0 .. !' Council Malllbe!'tll ,. • • • 4800 S Jason Englewood, CO 80110-6415 Janue ry 14, 1998 fllis is tha third tila I haw apolan in apposition to a •ndatory trash pS.lmp for fil ._i.wood houaeholda. As stated before, I aa oertainly 1n nppoJ't Ttlw ci.an, ONen, and P1"0lld C-cadaaion in thai!' eontinuing efforts to•• Bnglawood a e1-n am pNIIIJd o~ity, Banal', I atill •1ntain that eonaideration (and nnpt1on!) be g1wn to thoee .. niON who don't haw enoagh t.Nah to ... nant ewn a bi.-.kly st.op. ?94 be happy to aign a written applteaticm to be mwd fl'Cla tJw ordinanN, or what.aw!' tha Coaneil dee• --•8817 and fail'. rt U Nporteci that 4000 81U'WY8 WN eent Ollt and 6°' fa ..... t.hia ordinanH, I did not NMiW a sUJ"tll7 and haw ,-t to find al\Jbod7 that did. ROif _,. tha Neipienta .. 1.NW; WN thsy .. nt to spHifie- 0!' ftndilll pa!'ta of the eity; is 4000 a suitable repre•ntation of tha popu1.s tionT In addition to a lawn aemoe that diapoee• of -., eut ~s•, leawa, and t~nir•, t•w always been an aTid N-,Ole!', ewn going to IIUDh ext.re•• aa aaY1ng nte!' (i.e. in washi~ fl"Uita and wg,etablea) to hand nta!' planta O!' w1119tation Olltside tha spl'inkl.e!' ayatea. And -., lataat N-,011~ p!'Ojltet is .. Ting the plaatie 'al.Nwa• fl'Oll the IIOl'fting papen. Sa., alon,: with !'llbbe!' bands, aN ret'IU'IWCI to a papa!' ea!'!'ie!'; othe!'S aN ~wn to 2 dau,;hta!'tl for use as litta!' bags fO!' thei!' eata. With the wt.a!' p!'ioe• increasing ••IT qm!"ta!', eonereta replaee•nt ooeta blpolled, and nOlf •ndatOJT tl'8sh y,iolcup-om vorde!'S if the city is tJoy1ng to out the .. niO!' eitisen for y~!' blood I I tJ'Uly low Sngl .. ood-our ch1ldNn WN reiaed and attan:led achool11 heN, tan• paid to the c«-1mity fO!' owr 50 :,ean, gN&t ne~hbO!'a am friends a but, Ula ""I blood JJNHUN, I'11 feeling lataly that tha aitmtion is 19tting Ollt of control. 'l'hanld~ you for your th~htful consideration, RECEIVED JAN 19 1998 CITY MANAGERS OFtlCt~ eNGLEWOOO· COLOrv'\UV . , • . .. ., • • 0 - - • • • -, ~~• ~,,V~-... (_(,;.. ......_ ~-,< ., .9_1~!Ml812.;20 .PM tdf'":-a ~~i{h ,,m·,'1!•· -~' ,, ., .. ,:: ... : To: ANABHOLZecoe. AHABENICHTeCOE, DBROT2MANecoe. LCLAPPecoe, KWAGGONERecoe. TBURNSecoe. a.y s-..ay of Engllwoodecoe, BllradlhllwlCil of Engllwoodecoe. DGarNlteCOE, Gary SNlalClly of EngllwoodOCOE, Bob~ of EngllwoodOCOE, DBROTZMANeCOE, Tricia l.angan/Clly of E11glM1oodeCOE cc: Gertrude~ of Englewoodecoe, Nancy Fnon.'Clly of Englewoodecoe ~ A caller about lralh A llidV called today about the newapaper article In Ille BAslQr Hoe.., HIM cmamiig Ille pubic l....tng IOnlghL Shew cmicemed about CINn, Glwl and PlaUd Co.11,....,• 0.... .......... 1WM1k lhal I the......_ cld not contract wllh a trah company and.,,_, lllpl ._ trah in~ that .,,_, could gat-, wllh II." She was dlltulbed 11111 Eliglawood ....... I na1 l9qlnd lo ha¥9 trah ...... would dun.» lllirgarbage in o.nv.r .. Aulala ........ do. She 1111111d tar ..... a... a.... and Proud Conw11i..io11ara phone numbara and.,.. Council MIi..,. phone......._ She would app..aa J'Ol,I' cmllidarlltian on..._ nwidllllliig that .-:t, .....C ha¥9....,. Nrvlca or..,. I •••and ......... Nladttlairtralh ....... Ttwlka. Sue a. . ' .. • . • • 0 -• • • • M on .. Jan.19.1998 Englewood set to get tough over garbage Rocky Mounta111 .Vtws S taffWnt,r ENGLEWOOD-The city is con- sidering making all residents con- tract for weekly trash removal. and garbage scofflaws are to blame. The city 's environmental watchdog, the Clean, Green and Proud Conunission, says too many residents are letting trash pile up instead of getting rid of it weekly as required by ordinance. The result is alleys littered with discarded sofas. soggy carpeting, and deca}";ng vegetation. The cl utter is an eyesore and a public health hazard. the conunis- sion says. So the 15-member panel is re- newing a proposal to mandate weekly trash pickups, by private waste-hauling companies. Resi- dents would have to contract with a firm licensed by the city and pay trash-hauling fees . Those who didn't, however, probably would get away with it as long as they kept their trash in order, conunission member Dean Huffaker said. "The only thing we care about," he said, "is that the garbage gets picked up." The City Council will conduct a public hearing on the proposal at 7:30 p.m . Monday at City Hall. 3400S . Elati SL .· PUBLIC NOTICE MATTRESS LIQUIDATION We Must Uquldate all UC-Inventory! 2nd Chance Financing ::::. -... Queen Plllowtop •399 wu799 -Queen was 599 -'249 Queen Finn 1 125 wuS199 -' , • ,,. - 0 .. - ,; :;,Mon .. Jan .19.1998 Roc i<y Mountain News . ~ ,., .. Would-be .~rescuer, kids ~ferish in fire ~ Nancy Armour ' Ass«iallJi Pr,ss ELKHART, Ind. -Six young children and a man who tried to uve them died in a house fire early Sunday as neighbors held back a screaming grandmother who begged to be let back in her home. "I grabbed her and was holding her tight," Michael Brown said of Nattie Sims. "She said. 'Don't hold me while my kids are burning.' But I couldn 't let her go . "Those kids were hollering." he said. "That's something you never want to hear." The six grandchildren ranged in age from 4 to 9. Also killed was Charlie Lemons, 65 , who was vis- iting when the house caught fire. The cause of the fire is still under investigation. but police said it was accidental. possibly electrical in nature. A relative, Ruthie Rhodes. said the gas at the house had been shut off and Sims was using electric space heaters. Sims, 64, was in serious condi- tion with severe burns Sunday at a hospital. A family friend was treat - ed for smoke inhalation and a bro- ' ken leg suffered when she jumped from an upstairs window . A neighbor. David George, said one child had been staying at his house off and on for the past few months and had planned to stay over Saturday night. "But he went home last night." George said of the 5-year-old boy. Lemons. who lived down the street. fled the house when the fire broke out but he rushed back inside to get the children. "He was just a good person." Bro~11 said . "He was alway s al ive. ana he ran up and tried to get those kid s out of there." WINDSHIELDS ~ $99~ .. I INSTALLED J BEST PRICE! ~ LOWEST PRICES ' GUARANTEED Auto Glass Experts .. • ·,. Air Du 30 Reduce mold, mildew and other air contam e Allergy relief e lmp,o,,. C e Eliminate musty odors. CDITi F.xperi_ence You Ca 1~1, TREMENDOl FUI ••. FUI ••. FUI .. . FUI .. . .. . I 0 0 C ' • • • " -• COUNCIL COMMUNICATION Date Agenda Item Subject Amendment of Trash, Junk and Salvage, Title 15 , January 19, 1998 9b Chapter 2 Initiated By Staff Source Tricia Langon, Staff Liaison Clean, Green and Proud Commission Clean, Green and Proud Commission COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This matter came before Council in 1991 when mandatory curbside trash collection and recycling were first considered. Council directed the Clean, Green and Proud Commission to hold a public hearing concerning trash collection issues. Clean, Green and Proud conducted a public hearing in March 1992, where residents voiced strong opposition to the curbside requirement. No further Council action occurred at that time . This matter was reintroduced in 1995 as Council Bill 15. CB15 required households to subscribe to mandatory trash collection service and also required licensed trash haulers to provide bi-weekly recycling service . The bill did not proceed and Council requested that Englewood Clean, Green and Proud Commission continue to study the municipal solid waste issue and suggest alternatives to the current system of open competition. The ordinance was introduced and passed on first reading on December 15, 1997 . RECOMMENDED ACTION Clean, Green and Proud Commission supports the amendments as written and requests City Council approve amendments to Title 15, Chapter 2 , Trash, Junk and Salvage, of the Englewood Municipal Code . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Following Council's 1995 request, the Municipal Solid Waste Subcommittee of the Englewood Clean, Green and Proud Commission continued to study the municipal solid waste issue. The current study included discussions with area trash hauling companies, analysis of surrounding municipal trash collection policies , and review of the current ordinance. Additionally, the Subcommittee conducted a citizen survey in April 1997, entitled "Can We Talk Trash?" The subcommittee randomly distributed approximately four thousand survey cards. Twelve hundred citizens responded to the survey. The Municipal Solid Waste Subcommittee presented its findings to Council at a study session on August 11, 1997 , in a report entitled "Municipal Solid Waste Report -July 199r. The report concluded : 1. The current ordinance does not require subscription to trash hauling service ; 2 . Some residents who do not subscribe to trash hauling service illegally dump trash in commercial dumpsters: 3 . The accumulation of trash contributes to an unsafe and unhealthy community ; 4 . A two-to-one majority of residents favor weekly trash collection ; 5 . Thirty-eight (38) percent of residents do not support trash collection by a single trash company . • ... I 0 C ' J - • "~ • ·, • Considering survey comments, the Subcommittee determined that requiring mandatory aubacriptlon to trash collection in conjunction with City-wide hauling by a single contracted company was not feasible at this time. In an effort to address the immediate concems of accumulated trash and Illegal dumping, the Subcommittee concluded mandatory subaa lption to weekly trash collec1lon would: 6 . Remove trash in a timely manner mitigating trash accumulation; 7. Keep aleys clean; 8. Reduce litter; 9 . Reduce illegal trash dumping in commercial dumpsters; and 1 o. Give Code Enforcement an added means to address accumulated trash. The Municipal Solid Waste Subcommittee hu C0111idered two key areas of concern. The flnlt, Is the effect of the prapoaed ordinance on fixecHncome l'llllidenls and senior clliZ8na. Seniors oflan gee ..... INa trash than the average household. Hot.ever, every houeehcJkj geiierat8s lrlllh and Is r•ponlible for mainlains,g a healthful environment by safely dlapoaing of trash. Traah huers generaly offer senior rates. Requiring a senior rate within this ordinance would be clfflcut. The eecond area of concern Is enforceabllly. The proposed ordinance does not provide a ~ to '9giller or l'9COfd who does or doee not albecrtbe to trash service. The ordinance Is an added tool to aalst Code Enforcement In keeping the City clean and reducing illegal dumping. The Municipal Solid Waste Subcommitlee belkwN the propceed an1e11dment c:hal iges wll promol8 a safe environment and a cleaner city. The propoeed ..,.ldrnent changN w!I: 11. Declare any accumulation of trash a nuilance; 12. Require weekly removal of trash; 13. Require owners or occupenll to IUbecribe to WNlcly trash colleclian by a truhhauler llcenaed to operate .... the City of EiiglelllOOd; and 14. Move the ~iglng w:tion of Tille 8 to this onlrwlce. FINANCIAL. •PACT The prapoaed Ordinance amendments wll not flnancially Impact the City. UST OF ATIACHIIENTS Proposed bill for ordinance citizen letter Municipal Solid Waste Report • July 1997 ---' ' ' • I .. • • 0 "' - • • COUNCIL COMMUNICATION Date Agenda Item SulJlect Amendment of Trash , Junk and Salvage, Title 15, January 19, 1998 9b Chapter 2 Initiated By Staff Source Tricia Langon, Staff Liaison Clean, Green and Proud Commission Clean, Green and Proud Commission COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This matter came before Council in 1991 when mandatory curbside trash collection and recycling were first considered. Council directed the Clean , Green and Proud Commission to hold a public hearing concerning trash collection issues. Clean, Green and Proud conducted a public hearing in March 1992, where residents voiced strong opposition to the curbside requirement. No further Council action occurred at that time . This matter was reintroduced in 1995 as Council Bill 15. CB15 required households to subscribe to mandatory trash collection service and also required licensed trash haulers to provide bi-weekly recycling service. The bill did not proceed and Council requested that Englewood Clean, Green and Proud Commission continue to study the municipal solid waste issue and suggest alternatives to the current system of open competition . The ordinance was introduced and passed on first reading on December 15, 1997. RECOMMENDED ACTION Clean, Green and Proud Commission supports the amendments as written and requests City Ccuicil approve amendments to rrtte 15, Chapter 2 , Trash, Junk and Salvage, of the Englewood Municipal Code. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Following Council's 1995 request, the Municipal Solid Waste Subcommittee of the Englewood Clean, Green and Proud Commission continued to study the municipal solid waste issue. The current study included discussions with area trash hauling companies, analysis of surrounding municipal trash collection policies, and review of the current ordinance . Additionally, tha Subcommittee conducted a citizen survey in April 1997, entitled "Can We Talk Trash?· The subcommittee randomly distributed approximately four thousand survey cards. Twelve hundred citizens responded to the survey. The Municipal Solid Waste Subcommittee presented its findings to Council at a study session on August 11, 1997, in a report entitled "Municipal Solid Waste Report· July 199T. The report concluded : 1. The current ordinance does not require subscription to trash hauling service; 2 . Some residents who do not subscribe to trash hauling service illegally dump trash in commercial dumpsters; 3 . The accumulation of trash contributes to an unsafe and unhealthy community; 4 . A two-to-one majority of residents favor weekly trash collection; 5 . Thirty-eight (38) percent of residents do not support trash collection by a single trash company. •· • 0 , )- - • .. • ·, • .. Considering survey comments, the Subcommittee detennined that requiring mandatory subscription to trash collection in conjunction with City-wide hauling by a single contracted company was not feasible at this time . In an effort to address the immediate concems of accumulated trash and illegal dumping, the Subcommittee concluded mandatory subscription to weekly trash collection would: 6. Remove trash in a timely manner mitigating trash accumulation; 7. Keep alleys clean; a. Reduce lltter; 9. Reduce illegal trash dumping in commercial dumpsters; and 10. Give Code Enforcement an added means to address accumulated trash. The Municipal Solid Waste &mcornmittN ha coillidered two key arw of concern. The first, is Iha effect of the proposed ordinance on fixed-income reeidenlB and eenlor clllzenl. Seniors often gene,a1e lela truh than Iha average houeehold. Ho.i18'1.'81', ew,ry houNhold 13111 ..... tnllh and is r9lpOIIIIJle for malntai•ig a healthful envirorvnn by safely dllpoelng of tnllh. Traah haulers generally on.r Nnior ratea. Requiring a senior rate wittwl this ordinance would be clfflcull The eecond area of concern is enforceabllty. The propoeed ordinance doea not provide a fflNfl8 to regill9r or record who doea or doea not 8'Abecrl>e to trash service. The on:lnance is an added tool to aaist Code Enforcement In keeping the City clean and reducing illegal dumping. The Municipal Solid Waste Subcommittee believes the proposed amei ldrnent changes wil promote a safe environment and a cleaner city. The propoeed amendment changes wil: 11. Declare any accumulalion of trash a nuisance; 12. Requn weekly removal of trash; 13. Require owners or occupenta to 8Ubacribe to weekly truh caledion by a trashhauler liceMed to operate within the City of Englewood; and 14. Move the Anti8cavenglng section of Title 6 to this ordinance. FINANCIAL .. M:T The propoeed Ordinance amendments wil not financialy impact the City. UST OF AffACIIIINTS Propoeed bil for ordinance citizen letter Municipal Solid Waste Report· July 1997 'I, • . .. • • 0 I • .,, - • • COUNCIL COMMUNICATION Date Agenda Item Subiect Amendment of Trash, Junk and Salvage, Tide 15, January 19, 1998 9b Chapter2 Initiated By Staff Source Tricia Langon, Staff Liaison Clean, Green and Proud Commission Clean , Green and Proud Commission COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This matter came before Council in 1991 when mandatory curbside trash collection and recycling were first considered. Council directed the Clean, Green and Proud Commission to hold a public hearing concerning trash collection issues . Clean, Green and Proud conducted a public hearing in March 1992, where residents voiced strong opposition to the curbside requirement. No further Council action occurred at that time . This matter was reintroduced in 1995 as Council Bill 15 . CB15 required households to subscribe to mandatory trash collection service and also required licensed trash haulers to provide bi-weekly recycling service . The bill did not proceed and Council requested that Englewood Clean, Green and Proud Commission continue to study the municipal solid waste issue and suggest alternatives to the current system of open competition. The ordinance was introduced and passed on first reading on December 15, 1997. RECOMMENDED ACTION Clean , Green and Proud Commission supports the amendments as written and requests City Council approve amendments to Tide 15, Chapter 2, Trash , Junk and Salvage, of the Englewood Municipal Code . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Following Council's 1995 request, the Municipal Solid Waste Subcommittee of the Englewood Clean, Green and Proud Commission continued to study the municipal solid waste Issue . The current study included discussions with area trash hauling companies, analysis of surrounding municipal trash collection policies, and review of the current ordinance . Additionally, the Subcommittee conducted a citizen survey in April 1997, entitled "Can We Talk Trashr The subcommittee randomly distributed approximately four thousand survey cards . Twelve hundred citizens responded to the survey. The Municipal Solid Waste Subcommittee presented its findings to Council at a study session on August 11 , 1997 , in a report entitled "Municipal Solid Wute Report-July 199T. The report concluded : 1 . The current ordinance does not require sublcription to trash hauling service; 2. Some residents who do not subscribe to trash hauling service illegally dump trash In commercial dumpsters; 3 . The accumulation of trash contributes to an unufe and unhMllhy community; 4 . A two-to-one majority of residents favor weekly trash coledlon; 5 . Thirty-eight (38) percent of residents do not suppo,t trash collection by a lir,gle trash company. • . .. •· • , - - • • ,, - • ·, • <. Considering survey comments, the Subcommittee determined that requiring mandatory subscription to trash collection in conjunction with City-wide hauling by a single conbacted company was not feasible at this time. In an effort to address the immediate concerns of accumulated trash and illegal dumping, the Subcommittee concluded mandatory subscription to weekly trash collection would: 6 . Remove trash in a timely manner mitigating trash accumulation; 7. Keep alleys clean; 8. Reduce litter; 9. Reduce illegal trash dumping in commercial dumpsters; and 1 o. Give Code Enforcement an added means to address accumulated trash. The Mlri:ipal Solid Waste &.mcommitll88 hu cocl&idenld two key arw of concern. The first. is the effect of the propoeect ordinance on fbcad.income rNidel 118 and senior cilizlelw. Seniors often gei ..... leea trash than the average household. Howewer, every household genend88 trash and is l'eapol lll>le for malnCllining a healthful environment by safely dilpoaing of trash. Traeh _.,. gei181'1111y offer Nnior rates. Requiring a Nnior rate within this ordinance would be clfflcult. The eecond area of concern is enforceabilty. The propONd ordinance does not provide a means to register or record who does or does not IUbecribe to trash wvtce. The ordinance is an added tool to assist Code Enforcement in keeping the City clean and reducing illegal dumping. The Municipal Solid Waste &.mcommittee believes the proposed amei ldrnent dwlg88 wil promote a safe environment and a cleaner city. The proposed amendment changes will: 11. Declare arPf accumulation of trash a nuisance; 12. Require weekly removal of trash; 13. Require owners or occupants to subscribe to weekly trash oolledlon by a trashhauler licensed to operate within the City of Englewood; and 14. Move the Antlscavenging section of Title 6 to this ordinance. FINANCIAL .. ACT The proposed Ordinance amendments will not flnancially impact the City. UST OF ATI'ACHIIENTS Prapoeed bil for ordinance citizen letter Municipal Solid Waste Report • July 1997 ~---~~---. . ' • . • • • 0 l ___ . I - - I • • • · .. .. CITY OF ENGLEWOOD JANUARY 19, 1998 AGENDA ITEM NO. aJI PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL NAIIE AQPRESS ~ . , I ' ' •. .. • • 0 - - • • · .. • . . Author: Sue Bradshaw/City of Englewood at COE Date: 1/19/98 12:20 PM Priority: Normal TO: ANABHOLZ at Englewood TO: AIIABENICHT at Englewood TO: DBROTZMAN at Englewood TO: LCLIU'P at Englewood TO: KIIAGGONER at Englewood TO: TBUIUfs at Englewood TO: OGarrett at Englewood TO: Gary Sears/City of Englewood at COE TO: BBradahaw/City of Englewood at COE TO: Gary s-rs/City of Englewood at COE TO: Bob Siapson/City of Englewood at COE TO: DBROTZQN at Englewood TO: Tricia Langon/City of Englewood at COE CC: Gertrude Welty/City of Englewood at COE CC: Nancy Fenton/City of Englewood at COE Subject: A caller about trash I' .. ------------------------------------Message Contents------------------------------------ A lady called today about the newspaper article in the Rocky Mountain •-concerning the public hearing tonipt. She-• concerned about Clean, Green and Proud Collaiaaioner Dean Huffaker'• r.aark that i~ the residents did not contract with a trash COlllp&Dy and •they kept their trash in order• that •they could get a-y with it.• She was disturbed that Bn9lewood residents, if not required to have trash service, would c1U111J their garbage in Denver lite Aurora residents do. She asked for aevwral Clean, Green and Proud CCIIIIU.asioners phone numbers and several Counc:i.l Jlallber'• phone numbers. She would appreciate your consideration on either -ndating that each resident have trash service or leave it as it is and let residents select their trash hauler. Thanks. Sue B. • I •. ' • • 0 - - • • • Author: Sue Bradshaw/City of Englewood at COE Date: 1/19/98 12:20 PM Priority: Normal TO: ANABHOLZ at Englewood TO: AHABENICHT at Englewood TO: DBROTZMAN at Englewood TO: LCIAPP at Englewood TO: KlfAGGONER at Englewood TO: TBURNS at Englewood TO: DGarrett at Englewood TO: Gary Sears/City of Englewood at COE TO: &Bradshaw/City of Englewood at COE TO: Gary Sears/City of Englewood at COE TO: Bob Simpson/City of Englewood at COE TO: DBROTZNMI at Englewood TO: Tricia Langon/City of Englewood at COE CC: Gertrude Welty/City of Englewood at COE CC: Nancy Fenton/City of Englewood at COE Subject: A caller about trash ,, -. ... ------------------------------------Message Contents------------------------------------ A lady called today about the newspaper article in the Rocky Mountain N-concerning the public hearing tonight. She was concerned about Clean, Green and Proud COlllai.ssioner Dean Huffaker'& remark that if the residents did not contract with a trash COlllpany and •they kept their tra•h in order• that •they could get away with it.• She was disturbed that Englewood residents, if not required to have trash service, would d1.111p their garbage in Denver like Aurora residents do. She asked for several Clean, Green and Proud Coaaissioners phone nUlllbers and several Council Neaber's phone numbers. She would appreciate your consideration on either mandating that each resident have trash service or leave it as it is and let residents select their trash hauler. Thanks. Sue B. . . . • • . , • 0 - - • • • Author: Sue Bradshaw/City of Englewood at COE Date: 1/19/98 12:20 PM Priority: Normal TO: ANABHOLZ at Englewood TO: AIIABENICHT at Englewood TO: DBROTZMNf at Englewood TO: I.CI.APP at Englewood TO: KlfAGGONER at Englewood TO: TBURNS at Englewood TO: DGarrett at Englewood TO: Gary Sears/City of Englewood at COE TO: BBradahaw/City of Englewood at COE TO: Gary s-rs/City of Englewood at COE TO: Bob Sillpson/City of Englewood at COE TO: DBROTZNIUf at Englewood TO: Tricia Langon/City of Englewood at COE CC: Gertrude Welty/City of Englewood at COE CC: Nancy renton/City of Englewood at COE Subject: A caller about trash ,. ------------------------------------Message Contents------------------------------------ A lady called today about the n-.paper article in the Rocky Mountain •-concerning the public hearing tonight. She-• concerned about Clean, Green and Proud Coaaissioner Dean Huffaker'• r ... rk that if the residents did not contract with a tr .. h COSlp&lly and "they kept their trash in order• that "they could get a-y with it.• She-• disturbed that BD9le.ood residents, if not required to have trash service, would dump their garbage in Denver like Aurora residents do. She asked for .. ,,.ral Clean, Green and Proud COlll&i.ssioners phone nUlllbers and several Council Naaber'• phone nuabers. She would appreciate your consideration on either mandating that each resident have trash .. rvice or leave it as it is and le~ residents select their trash hauler. Thanks. Sue B. . . .. •. • . , • 0 - - • • • 1. Author: Sue Bradshaw/City of Englewood at COE Date: 1/19/98 12:20 PM Priority: Nocmal TO: AIIABBOLZ at Englewood TO: AIIABDICHT at Englewood TO: DBROTZMAH at Englewood TO: I.CLAPP at Englewood TO: ~ at Englewood TO: TBUJafS at Englewood TO: 00.rrett at Englewood TO: Gary Seara/City of Englewood at COE TO : &Bradshaw/City of Englewood at COE TO: Gary Seara/City of Englewood at COE TO: Bob S!Jll,aon/City of Englewood at COE TO: D8ROTZNIUI at Englewood TO: Tricia Langon/City of Bnqlewood at COE CC: Gertrude .. lty/City of Englewood at COE CC: Nancy Fenton/City of Englewood at COE Subject: A caller about trash ,, - y .. .. _ -----~-----------------------------Message Contents------------------------------------ A lady called today about the newspaper article in t he Rocky Mountain II-. concerning the public bearing tonight. She-• concerned about Clean, G~ and Proud ~••ioner Dean Huffaker'• r-rk that if the r.aidenta did not contract with a trash CCJIIP&ny and •they kept their tr-h in order• that •they could get a-y with it.• She-. disturbed that Bnqlewood residents, if not required to have trash service, -uld dullp their qarbaqe in DenV9r like Aurora residents do. She asked for ~ral Clean, Green and Proud Caaai.aaionera phone nUllbera and several C-cil Naaber' • phone nlllllbera. She would appreciate your conaideration on either aandating that each resident have trash .. rv1ce or leave it as it is and let residents select their trash hauler. Tlaanb. Sue e. . , •, • • 0 - - • • • Author: Sue Bradshaw/City of Englewood at COE Date: 1/19/98 12:20 PM Priority: Noxmal TO: ANABJIOLZ at Englewood TO: AIIABEIIICHT at Englewood TO: DBROTZMNt at Englewood TO: LCJAPP at Englewood TO: KIIMiGOlfER at Englewood TO: TIIUNIS at Englewood TO: DGarrett at Englewood TO: Gary Sears/City of Englewood at COE TO: Bllradahaw/City of Englewood at COE TO: Gary Sears/City of Englewood at COE TO: Bob Simpson/City of Englewood at COE TO: DIIAOTZMNf at Engl...ood TO: Tricia Langon/City of Englewood at COE CC: Gertrude Welty/City of Englewood at COE CC: Nancy Fenton/City of Englewood at COE Subject: A caller about trash " -. .. -----~-----------------------------Message Contents------------------------------------ A lady called today about the n-spaper article in the Rocky Mountain ._ concerning the public hearing tonight. She -s concerned about Cl.ean, G~ and Proud c-1.ssioner Dean Huffaker'• ~rt that if the Raidenta did not contract with a trash CClllp&Dy and •t11ay kept their tr-h in order• that •they could get away with it.• She -. disturbed that ED9lewood residents, if not required to ha-trash service, would dump their garbage in Den-r lite Aurora residents do. She asked for ..,,.ral Clean, Green and Proud Caaaissioners phone numbers and •e-ral Cowacil .....,_r's phone nllllbers. She would appreciate your caaaideration on eithar aandating that each resident hAve trash -rvice or leave it as it is and let residents -lect their trash hau.ler. Tbanb. Sue II. . ' •. .. • • • • • -.. • . . Author: Sue Bradshaw/City of Englewood at COE Date: 1/19/98 12:20 PM Priority: Normal TO: ANABBOLZ at Englewood TO: AIIABDIICHT at Englewood TO: DBAOTZMMI at Englewood TO: LCIJU>P at Englewood TO: KaGGolfER at Englewood TO: TBUNIS at Englewood TO: !>Garrett at Englewood TO: Gary Sears/City of Englewood at COE TO: BBradahav/City of Englewood at COE TO: Gary Sears/City of Englewood at COE TO: Bob SUll)son/City of Englewood at COE TO: DBROTDINI at Englewood TO: Tricia Langon/City of Englewood at COE CC: Gertrude Welty/City of Englewood at COE CC: Nancy P'enton/City of Englewood at COE Subject: A caller about tr .. h ,. - ------------------------------------Message Contents------------------------------------ A lady called today about the n-i,aper article in the Rocky Mountain ._ concerning the public bearing tonight. She -s concerned about Cl-, G~ and Proud C-1.ssiooer Dean Huffaker's r-rk that if the residents did not contract With a trash eo111pany and •they kept their traah in order• that •they could qet a-y with it.• She -s disturbed that BDgl-«>d residents, if not required to have trash service, would dullp their gaJ:bage in Denver like Aurora residents do. She asked for several Clean, Green and Proud COllllissioners phone nUllbers and several Council Nallber' s phone numbers. She would appreciate your consideration on either mandating that each resident have trash .. rvice or 1-VII it .. it is and let residents select their trash hauler. Tbanb. Sue 8. . ' .. • • 0 - - • • • Author: Sue Bradshaw/City of Englewood at COE Date: 1/19/98 12:20 PM Priority: Noaaal TO: ANABHOLZ at Englewood TO: AIIABENICHT at Englewood TO: DBROTZNIUI at Englewood TO: LCI.M»P at Englewood TO: KlfM.GOlfER at Englewood TO: TBURNS at Englewood TO: DGarrett at Englewood TO: Gary Sears/City of Englewood at COE TO: BBradahaw/City of Englewood at COE TO: Gary s-rs/City of Englewood at COE TO: Bob Siapson/City of Englewood at COE TO: DBAOTZNIUI at Englewood TO: Tricia Langon/City of Englewood at COE CC: Gertrude Welty/City of Englewood at COE CC: Nancy Fenton/City of Englewood at COE Subject: A caller about trash ,. ----------------------~----~------Message Contents------------------------------------ A lady called today about the newapaper article in the Rocky Mountain •-concerning the public bearing tonight. She -. concerned about Clean, G~ and Proud ec-issioner Dean Huffaker' s ~rk that if the residents did not contract with a tr .. h C<lllpany and •they kept their trash in order• that •they could get a-y with it.• She -s disturbed that Englewood residenta, if not required to have trash service, would dul!li their gart>.ge in Denver like Aurora residents do. She asked for --ral Clean, Green and Proud Coaaissioners phone nllllbers and -veral Council l'lllllber's phone numbers. She would appreciate your conaic:leration on either aandating that -ch resident have trash .. rvice or leave it as it is and let residents select their trash hauler. Thanks. Sue B. · .. . , .. • • 0 • • • ~. Author: Sue Bradshaw/City of Englewood at COE Date: 1/19/98 12:20 PM Priority: Normal TO: ANABHOLZ at Englewood TO: AIIABENICHT at Englewood TO: DBROTZMAN at Englewood TO: LCLM>P at Englewood TO: DAGGoNER at Englewood TO: TBURNS at Englewood TO: !>Garrett at Englewood TO: G.ary S..rs/City of Englewood at COE TO : &Bradshaw/City of Englewood at COE TO: G.ary Sears/City of Englewood at COE TO: Bab Si.llpson/City of Englewood at COE TO: D11RDnNNt at Englewood TO: Tricia Langon/City of Englewood at COE CC: Gertrude Welty/City of Englewood at COE CC: Nancy !'enton/City of Englewood at COE Subject: A caller about trash II -• ,. -~~~---~------------------------Message Contents------------------------------------ A lady called today about the newspaper article in the Rocky Mountain ._ concerning the public hearing tonight. She waa concerned about Clean, G~ and Proucl C~ssioner Dean Huffaker'• ~rt that if the residants did not contract with a trash company and •they kept their tr-h in order• that •they could get a-y with it.• She waa disturbed that Bn9lewood residents, if not required to ha,,. tr-h -rvice, would dullll their garbage in Denver like Aurora residents do. She .. Iced for -veral Clean, Green and Proud C~••ioners phone numbers and -veral Council l'llaber's phone nUllbers. She would appreciate your conaideration on either mandating that each resident have tr-h -rvice or leave it as it is and let residents -lect their trash hauler. Thanks. Sue B. . ; •. ... • • 0 - - • • • Author: Sue Bradshaw/City of Englewood at COE Date: 1/19/98 12:20 PM Priority: Normal TO: ANABHOLZ at Englewood TO: AHABENICHT at Englewood TO: DBAOTZMAN at Englewood TO : LCLM'P at Englewood TO: ICIUIGGOlfER at Englewood TO: TBUIUIS at Englewood TO: !>Garrett at Englewood TO: Gary Seara/City of Englewood at COE TO: BBradahaw/City of Englewood at COE TO: Gary s-ra/City of Englewood at COE TO: Bob S.illlpson/City of Englewood at COE TO: DBAOTZMMI at Englewood .. ; TO: Tricia Langon/City of Englewood at COE CC: Gertrude Welty/City of Englewood at COE CC: Nancy Fenton/City of Englewood at COE Subject: A caller about trash ------------------------------------Message Contents------------------------------------ A lady called today about the newspaper article in the Rocky Mountain N-concerning the public hearing tonight. She -• concerned about Clean. Green and Proud Caaai.aaioner Dean Huffaker'• r ... rk that if the residents did not contract with a trash COIIPAJlY and •ttiey kept their trash in order• that •they could get a-y with it.• She -s disturbed that Englewood residents. if not required to have trash service. would d1lllp their garbage i n Denver like Aurora residents do. She asked for several Clean. Green and Proud Caaaisaionera phone numbers and several Council Nlilli>er'a phone nuaiera. She would appreciate your consideration on either aandating that each resident have trash service or leave it as it is and let residents select their trash hauler . Thanks. Sue B. ' . i .. • . • , > I • 0 I -• • ·~ • <. Author: Sue Bradshaw/City of Englewood at COE Date: l/ 19/98 12: 20 PM Priority: Noz:mal TO: ANABIIOLZ at Englewood TO: AIIABENICHT at Englewood TO: DBROTZMNI at Englewood TO: LCI.M'P at Englewood TO: KIIM.GONER at Englewood TO: TBUANS at Englewood TO: 00.rrett at Englewood TO: Gary Sears/City of Englewood at COE TO: BBradalulw/City of EngltNOOct at COE TO: Gary Se&rs/City of Englewood at COE TO: l!lob Silll'son/City of EngltNOOct at COE TO: DBaOTZNIUI at Englewood TO: Tricia Langon/City of Englewood at COE CC: Gertrude .. lty/City of Englewood at COE CC: Nancy Fenton/City of Englewood at COE Subject: A caller about trash ----~---------------------------~-Message Contents------------------------------------ A lady called today about the newapaper article in the Rocky Mountain ._ concerning the public hearing tonight. She -s concerned about Clean, Gr.en and Proud Collaissioner Dean Huffaker'• r ... rk that if the residents did not contract With a tr-h COlll)Uly and •they kept their tr-b in order• that •they could get a-y With it.• She -s disturbed that ED9lewood residents, if not required to havw trash service, would dullp tbair gu:bage in Denvwr like Aurora residents do. She asked for --ral Clean, Gr-and Proud C-1ssioners phone n1111Ders and sevwral Council llllllber's pbone nUlllbers. She would appreciate your conaideration on either aanclating tlult .. ch resident have trash -rvice or leave it as it is and let residents select their trash lululer. Tbanka. Sue B. . ' •. ... • • 0 - - • • • (. Author: Sue Bradshaw/City of Englewood at COE Date: 1/19/98 12:20 PM Priority: Normal TO: ANABHOLZ at Englewood TO: AIIABENICHT at Englewood TO: DBROTZMIUf at Englewood TO: LCLM>P at Englewood TO: K11M.GONER at Englewood TO: TBURNS at Englewood TO: DG&rrett at Englewood TO: Gary Sears/City of Englewood at COE TO: &Bradshaw/City of Englewood at COE TO: Gary Sears/City of Englewood at COE TO: Bob Sillpson/City of Englewood at COE TO: DBROTZNNI at Englewood TO: Tricia Langon/City of Englewood at COE CC: Gertrude lfelty/City of Englewood at COE CC: Nancy Fenton/City of Englewood at COE Subject: A caller about trash ------------------------------------Message Contents------------------------------------ A lady called today about the newspaper article in the Rocky Mountain .._ concerni.n9 the public hearin9 toniqbt. She -• concerned about Clean. Green and Proud eo..iaaioner Dean Huffaker'• r ... rk that if the residents did not contract with a trash CCllllll&l\Y and •they kept their trash in order• that •they could get away with it.• She was disturbed that BD9lewood residents, if not required to have trash service, would dulllp their 9arbage in o.n-r like Aurora residents do. She asked for .. ,,..ral Clean, Green and Proud Coaaissioners phone numbers and several Council Naa,er'• phone nllllbers. She would appreciate your consideration on either aandating that each resident have trash .. rv1.ce or leave it .. it is and let residents select their trash hauler. Thanks. Sue B. . , •. ,; • • 0 J - • • • Author: Sue Bradshaw/City of Englewood at COE Date: 1/19/98 12:20 PM Priority: Normal TO: ANABHOLZ at Englewood TO: AHABENICHT at Englewood TO: DBROTZMIU( at Englewood TO: LCLIU'P at Englewood TO: KIIAGGONER at Englewood TO: TBURNS at Englewood TO: DGarrett at Englewood TO: Gary Sears/City of Englewood at COE TO: BBradahaw/City of Englewood at COE TO: Gary s-rs/City of Englewood at COE TO: Bob Silllpson/City of Englewood at COE TO: DBROTZMIUf at Englewood TO: Tricia Langon/City of Englewood at COE CC: Gertrude Welty/City of Englewood at COE CC: Nancy Fenton/City of Englewood at COE Subject: A caller about trash ------------------------------------Message Contents------------------------------------ A lady called today about the newspaper article in the Rocky Mountain News concerning the public bearing tonight. She was concerned about Clean, Green and Proud ec-issioner Dean Huffaker' 11 r-rk that if the residents did not contract with a trash coapany and •they kept their trash in order• that •they could get a-y with it." She-• disturbed that Englewood residents, if not required to have trash service, would d\1111) their garbage in Denver like Au.rora residents do. She asked for several Clean, Green and Proud COlllli.1111ioners phone numbers and several Council Melllber's phone n\lllbers. She would appreciate your consideration on either aanc:lating that each resident have trash service or leave it as it is and let residents select their trash hauler. Thanlta. Sue B. . , • .. .i • • 0 - - ,. -• 0 • COUNCIL COMMUNICATION Date Agendaltem SUbfect Amendment of Trash, Junk and Salvage, Trtle 15, January 19, 1998 8b Chapter2 Initiated By Staff Source Tricia Langon, Staff Liaison Clean, Green and Proud Commission Clean, Green and Proud Commission COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This matter came before Council in 1991 when mandatory aat I I I Wltl callction and ~ .... first considered. Council directed the Clean, Green and Proud Commission to hold a public hearing concerning trash collection issues. Clean, Green and Proud conducted a public hearing in Marcil 1992, where residents voiced strong opposition to the curbside requirement. No further Council action occurred at that time. This matter was reintroduced in 1995 as Council Bill 15. CB15 required households to subscribe to mandatory trash collection service and also required licensed trash haulers to provide bi-weekly recycling service. The bill did not proceed and Council requested that Englewood Clean, Green and Proud Commission continue to study the municipal solid waste issue and suggest alternatives to the current system of open competition. The ordinance was introduced and passed on first reading on December 15, 1997. RECOMMENDED ACTION Clean, Green and Proud Commission supports the amendments as written and requests City Council approve amendments to Trtle 15, Chapter 2, Trash, Junk and Salvage, of the Englewood Municipal Code. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Following Council's 1995 request, the Municipal Solid Waste Subcommittee of the Englewood Clean, Green and Proud Commission continued to study the municipal solid waste issue. The current study included discussions with area trash hauling companies, analysis of surrounding municipal trash collection policies, and review of the current ordinance. Additionally, the Subcommittee conducted a citizen survey in April 1997, entitled "Can We Talk Trash?" The subcommittee randomly distributed approximately four thousand survey cards. Twelve hundred citizens responded to the survey. The Municipal Solid Waste Subcommittee presented its findings to Council at a study session on August 11 , 1997, in a report entitled "Municipal Solid Waste Report • July 199T. The report concluded: 1. The current ordinance does not require subscription to trash hauling service; 2. Some residents who do not subscribe to trash hauling service illegally dump trash in commercial dumpsters; 3 . The accumulation of trash contributes to an unsafe and unhealthy community; 4. A two-to-one majority of residents favor weekly trash collection; 5 . Thirty-eight (38) percent of residenta do not support trash collection by a single trash company. ' . . •. -. •· • 0 -• ,... • " • ' .. .. Considering survey comments, the Subcommittee delermined that requiring mandatory sub8criptio,, to trash collection in conjunction with City-wide hauling by a single contracted company was not feasible at this time. In an effort to address the immediate concems of accumulated trash and illegal dumping, the Subcommittee concluded mandatory SWSCi iptio,, to weekly trash oolledion would: 6. Remove trash In a timely manner mitigating trash accumulation; 7. Keep alleys clean; 8. Reduce Hiter; 9. Reduce illegal trash dumping in commercial dumpsters; and 10. Give Code Enforcement an added means to address aca.mulated trash. The Municipal Sold Waste SubcomrnilllN has considered two key areas of concern. The first, is the effect of the proposed ordinance on fix8cMncome residents and senior~ Senors aflllr1 gei ..... lea trash than the average houaehold. Howeller, .,.,., household genenates trash and is reepo1111J1e for fflllinlaini1g a healthful environment by safely daposing of trash. Trah haulers generally offer Nnior ratea. Requmg a senior rate within this ordinance would be difficult. The second area of concern is enlorceabilty. The proposed ordinance does not provide a means to register or record who does or does not 8IDCrl>e to trash sefVice. The ordinance is an added tool to assist Code Enforcement in keeping the City clean and reducing illegal dumping. The Municipal Solid Waste Subcommittee belieYes the proposed amei ldrnenl changee wi1 promolle a safe environment and a cleaner city. The proposed amendment changes will: 11 . Declare any accumulation of trash a nuisance; 12. Require weekly removal of trash; 13. Require owners or occupants to subscribe to weekly trash colectlon by a trahhauler licensed to operate wilhin the City of Englewood; and 14. Move the Antlscavenging section of Title 6 to this ordinance. FINANCIAL. .. ACT The proposed Ordnance amendments will not financialy impact the City. LIST OF ATTACHIIENTS Proposed blR for ordinance citizen letter Municipal Solid Waste Report -July 1997 --------- . , ' • ' .. • • 0 ~ I ORDINANCE NO . _ SERIES OF 1997 • • • .. BY AUTHORITY A BILL FOR COUNCIL BILL NO. 99 ::7c~~ AN ORDINANCE AMENDING TITLE 15, CHAPI'ER 2, ENTITLED TRASH, JUNK AND SALVAGE, OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS, the Englewood Clean, Green and Proud Commiuion wu given the mandate to study a propoaal for mandatory trash collection service in 1995; and WHEREAS, the Clean, Green and Proud Commiuioo bu studied the iaue utemively which study includes a citizen survey; and WHEREAS, area buaineues have, for numerous yean, complained of illepl use of their dumpst.era u collection sites for the public, increuing hauling coats and litter problems on their premiaes; and WHEREAS, trash from residential homee is not being properly stored or removed; and WHEREAS, trash often accumulates in the alleys where the residential homes in Englewood have alley pick-up; and WHEREAS, accumulated and uncollected trash in alleya is not only an eyesore but a health and aanitatioo problem; and WHEREAS, the Clean, Green and Proud Commiuioo'a recommendation to Council is that Council adopt an ordinance mandatinc naidaatial traah collection by a licensed TRASH hauler; and WHEREAS, thia recommendation of the Clean, Green and Proud Commiuioo will protect the health, safety and welfare oftbe citiuna of the City of Englewood; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sgtj.gn 1. The City Council oltbe City olEapewoocl. Colando hereby amenda Title 15, Chapter 2, of the Eqlewood Municipal Code 1985 which lhall read u follow,: -I - ,,,_ . . .. • • 0 I - • • 15-2-1: TRASH : • • I• ·, • TRASH. JUNK AND SALVAGE DEFINITIONS: For the purposes of this Chapter the following definitiona apply: DISCARDED MATERIAIB INCLUDING, BUT NOT LIMITED TO HOUSEHOLD WASTES, FURNITURE, CONSTRUCTION SUPPLIES AND MATERIAIB, GARDEN, LAWN AND LANDSCAPING SUPPLIES AND WASTES, SCRAP WOOD, METAL, OR OTHER MATERIAIB, CLOTHING AND BEDDING. THE TERMS WASTE AND TRASH ARE INTERCHANGEABLE FOR PURPOSES OF THIS ORDINANCE. TRASH HAULING: ANY PERSON, PARTNERSHIP, OR CORPORATION TRANSPORTING TRASH FOR DISPOSAL FOR ANY FEE OR OTHER COMPENSATION IN THE CITY OF ENGLEWOOD. WASTE :: 11-Z.1: GENERAL BEG1JLAff0N8: THE TERMS "WASTE" AND "TRASH" HAVE THE SAME MEANING AND ARE INTERCHANGEABLE FOR PURPOSES OF THIS ORDINANCE. (SEE ALSO TRASH) A. No penlOll ahall throw, place or depoait any trub on any public street, in a public park or place, or in any public building within the City ncept in trub containers . B. No person shall throw, place or deposit any truh in any fountain, lake, bay, stream or other body al water within the City nor on any occupied or vacant property within the City. C. No person ahall affis any poater, notice or like device to attract public attention, to any lamppost, public utility poat, tnftic contl'Ol device, tree, public structure or buildinc ucept u may be authorised by law. D. Every occupant, lessee, or owner of a buaineu property is required to keep the sidewalk adjacent to the property or the proportional lhare of common sidewalk, walkway, mall, or parking lot free from trub, ucept u provided in subsection 15-2-3E . E . No occupant, leuee, or owner of real property shall sweep into, or depoait in, any sutter, street, alley or public place the accumulation of IJ'UII clippinp, leaves, branches or trub from his or her buildin,, lidewalk or driveway, escept u provided in aubNc:tion 15-2-3£. -2- . ' • • .. D •· • 0 , -• • , . • F. No driver or passenger of an automobile, motorcycle, bicycle, aircraft, or other vehicle shall throw, place or deposit trash upon any real property or any public street or public area within the City. G. No person shall drive any truck, trailer, small trailer, special mobile equipment or like vehicle into or within the City unless its contents are covered or loaded to prevent them from being scattered. H. No person shall drive any truck, trailer, small trailer, special mobile equipment or like vehicle into or within the City and in so doing scatter or track any mud, dirt, trash, oil or other foreign matter into a public street, alley or other public place. I. No person shall throw or deposit trash within the trash container of another person without that person's expreu er impli1ul conaent. lG-2-2: RESIDEN'ffAL DISTRICT REGULA110NS: A . No person shall store junk out-of-doors . B. No person shall conduct or permit salvage or storage operations or facilities in any residentially zoned area. lG-2-3: PLACEMENT AND REMOVAL OF TRASII: A . ANY ACCUMULATION OF TRASH ON ANY PREMISES, IMPROVED OR UNIMPROVED, WITlUN THE CITY OF ENGLEWOOD IS PROIUBITED AND IS DECLARED TO BE A NUISANCE. Ir. 8. Every occupant or owner of real property shall remove, or cauae the removal of, all accumulationa of trash from such property AND SHALL SUBSCRIBE TO A TRASH REMOVAL SERVICE WITH A LICENSED TRASH HAULER, and, pending the removal, shall place the aame in a trash cootainer kept for that purpose. t:J,-Nm11,al, the ,_e h lJ lie t h te • • et ,._ fer Np Hal sf IPHh. B . '11le 11ee11pa11t 11r a.Ber efreal pai:pe.ot, withia tlhia GitJo h lJ ,._ ar plan fer eeHee4iien aH tr..t .._eel llil the l"8al prepe.., te • • .._._ IMe fer the iliap11al 11ftr..t llrithie • pel'ieci ef•s• (7)-,. 1Ae1 --I Oirn . C . All persona shall ,tore all trash in covered trash cootainen in IUCh a manner u to prevent it from beinc curied er ecatt.end by animals or the element. and to prevent the emiuicxi ol nosiou.a er offamive odors. D . All occupant. or ownera of real property shall Nt trash cootain .. back at leut five feet (5') from the 1ide property I.in-.. _. rrarnl * wi*i • 1111•111111 er illlil 11111 thr11111il ll!reen. No pel'ICID shall store trash and prbap in the front yard for more than twenty-four (2') houri prior to a acbeduled collection or pick-up. -3- ..... .. • • 0 , • 0 t• ·, • .. E . All persons shall place trash containers within the public right-of-way only on regularly scheduled pick-up or collection days and in a manner which will not obstruct vehicular or pedestrian traffic and shall remove said trash containers from the public right-of-way not later than twenty-four (24) hours after the pick-up or collection . F . No person shall engage in the business of removing or hauling trash in the City without first obtaining a license therefor. !. ,earl, 1111MP1mllferal,le lieen11e 11hall l,e i111111ell "' ihe Biree'8r el Fineneial 8er¥ieea 1tp1111 -11111 pa,men• ef fi,e ll11H1tP11 ($5.991 per ,ehiele . PURSUANT TO TITLE 5 OF TlilS CODE AND WITHOUT PROVIDING RECYCLING SERVICES AS SUCH SERVICES MAY BE REQUIRED BYTlilS CODE. G . MANDATORY TRASH COLLECTION. ALL GARBAGE, TRASH, WASTE AND RUBBISH SHALL BE REMOVED FROM THE PROPERTY OF EACH OWNER OR OCCUPIER OF LAND WITHIN THE CITY OF ENGLEWOOD AT LEAST ONCE A WEEK. $ection 2. The City Council of the City of Englewood, Colorado hereby repeala Title 6, Chapter 6, Section 2, and amenda Title 15, Chapter 2, with the addition of a new Section 4, entitled Antillc:avenging of the Englewood Municipal Code 1985 which shall read u follow11 : ...,.. !.Hl'ISG.t.a~ING, I• llhall he _.AINI fer•, pet'-. llliller ft e memher ef a 19, ePMBeaiel peliee ap:11e,, withe•• the pe,-· iea ef tihe 9Wller ef ree,elehle mMel'iel, '8 Mlle ree,elel,le mMeriel whieh hall hen• M 111' IMrell I,, tlhe aWBer far eeHeetiea hy • eeHeetiea 81' ree,elias w Jiee, er remMe-, ree,elal,le mMeriel &-e -•einer, "-· ealle•• uehiele, liepM 111' Miter reeep'8ele fer '6le --••111, .._...,, Ill' Nie el ree,elel,le mMeriel, -4 !lpllll 111111 u.Mi1111 '61ereef llhall l,e 11111,jen '8 ihe p 1111alti1111 preeeril,ell ill SeMi1111 1 , 1 el '6le 8ncle:w11111l M.aieipei Gelle . 15-2-4 : ANTISCAVENGING: IT SHALL BE UNLAWFUL FOR ANY PERSON, OTHER THAN A MEMBER OF A GOVERNMENTAL POLICE AGENCY, WITHOUT THE PERMISSION OF THE OWNER OF RECYCLABLE MATERIAL, TO TAKE RECYCLABLE MATERIAL WHICH HAS BEEN SET OUT OR STORED BY THE OWNER FOR COLLECTION BY A COLLECTION OR RECYCLING SERVICE; OR REMOVE ANY RECYCLABLE MATERIAL FROM A CONTAINER, BOX, COLLECTION VEHICLE, DEPOT OR OTHER RECEPTACLE FOR THE ACCUMULATION, STORAGE, OR SALE OF RECYCLABLE MATERIAL. Section 3 Safety Clau1ea The City Council, hereby finda, determinea, and declares that this Ordinance is promulgated under the general police power of the City of En,lewood, that it is promulpted for the health, aafety, and welfare of the public, and that this Ordinance is necessary for the praenation of 1-lth and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation ID the proper legislative object 10ught to be obtained . -4- •· • 0 , • .. • ·, • Ses;tipn 4 Sevecahility If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances aball for any reason be adjudged by a court of competent juriacliction invalid, such judgment aball not affect impair or invalidate the remainder of this Ordinance or its application to other persona or circumstances. $ection 5 Insonai,tent Ordinances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. $ection 6 Etfw:t of nmeal or modification 'lbe repeal or modification of any provision of the Code of the City of Englewood by this Ordinance ahall not release, eninguiah, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which ahall have been incurred under such provision, and each provision shall be treated and held u still remaining in force for the purpDll8II of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, u well as for the purpoee of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actiona, suits, pl'OC8Mings, or proaecutiona. 5ec;tiop 7. fmaltx. 'lbe Penalty Provision ofE.M.C. Section 1+1 ahall apply to each and every violation of this Ordinance. Introduced, read in full, and puaed Oil fint reading OD the 15th day of December, 1997. Publiahecl u a Bill for an Ordinance on the 19th day of December, 1997. ThomM J. Burn.a, Mayor ATTEST : Loucriahia A. Ellis, City Clerk I, Loucriabia A. Ellis, City Clerk of the City of Eqlewood, Colorado, hereby certify that the above and foreaoin, is a true copy of a Bill for an Ordinance, introduced, read in full, and puwl on ftnt readiq on the 15th day alO.C-ber, 1997. Loucriabia A. Ellia -5- ----~ ' . . • . .. • • 0 )- · ... December 26 , 1997 Clean. Green & Proud Commission City Hall 3400 South Elati Street Englewood, CO 80110 ,, • • " • ,. .... _. ... -- DEC 2 91997 I hope this is read prior to the January 19th meeting regarding "mandatory trash pickup" in Englewood, for I work evenings and am unable to attend. I also hope you have a oontinued turnout AGAINST this proposal! I have full trash service, yet live alone, thus my retired neighbor puts his trash in my cans. His trash consists of perhaps two "grocery bags" each week. he even uses his lawn as mulch in the summer and recycles (as l do) everything he can (I also have recycle pick up). My neighbor is obviously on a fixed inoome, and this arrangement has worked for us for 10 years. It is ABSURD to require retired and elderly people to pay for unnecessary trash pick up! l think the ckan, grmr 1111d proud commission should add to their name TAF, Take Away Freedom! I have lived in Englewood most of my life and am seriously thinking of selling my house and getting out of this narrow minded city! A frustrated resident! ,. -. . , • ~ . ... • • 0 I --I - - • • • •, • <, ---- July 1997 Municipal Solid Waste Report Clean Green & Proud Commission Municipal Solid Waste Subcommittee Frank Golombek Dean Huffaker DonRoch Joe Siminic -DOD vocing member repraeming Laidlaw Waste Systems Ed Soulliere Gerald Staakorb Tim St.oner Suun Van Dyke Al Vormiaq Recommended Action: Amend current ordinance, or pass a new ordinance, mandating residential trash collection by a licensed hauler. Clean , Qr-, & Proud Commillian • Cly d EnglNaod 3400 S°"h Elall SlrNI • Ef191Nood, CO 80110 • (303) 712-2341 .. ~ . . , • • 0 I • • ,. Reasons for pursuing idea of mandatory residential trash pickup • Based on the Aprll 1997 survey (Appendix F) results, citizens agreed, by a 2 to 1 margin, that all residents should be required to have weekly trash collection. • Current ordinance Is difficult to enforce. • Discourage illegal dumping, enhancing public health and safety. • Professional licensed haulers would be removing trash on a weekly basis, to a state approved facility. Reasons for not mandating residential trash service A small percentage of the citizens are already abiding by current ordinances, without paying for trash service, or resorting to Illegal dumping. • They take their trash to a dump or transfer station. • They take their trash to their business dumpster • Some citizens share trash containers with their neighbors • Some Senior Citizens have other family members put it with their trash . • Some travel frequently and have only a small amount of trash • Some travel frequently, making it difficult to place trash out for regular removal. History of these issues in Englewood (•• we know them) 11an:1r 1n2 CGP held a public hearing on mandatory "curbside" trash pickup. A large crowd made It clear that thia proposal was not acceptable. May 23, 1994 CGP presented a revised mandatory pickup ordinance, which avoided the "curbside pickup· issue. Thia appa,.ntly was swallowed up In 1 "black hole" somewhere! What the MSW subcommittN has done during the past year. Fall 19" • Attended public hearing in City of Broomfield concerning their plans to go to contract hauling • Formulated a new plan, to address issues of mandatory trash pickup , and contract hauling in Englewood . MSWRepon Paae I ,. - I· • 0 ]- • • t• • • Reviewed the request for proposal that Greenwood Village used for their conversion to contrad hauling in September, 1996. • Also reviewed materials pertaining to contrad hauling in Bur1ington, Commerce City, and Westminster. • Reviewed a study by RW Beck, prepared for Fort Collins , concerning their contrad hauling options. • Met with Greenwood Village Public Works Diredor, Jim Sanderson He gave us the history behind the efforts to convert to contract hauling In Greenwood VIiiage. - He answered our questions about their contract, and proceedings up to the contract (appendix A) • Reviewed the ·comparative Trash and Recycling Analysis" report which was prepared in 1991, based on pilot projects that were performed in Englewood and Littleton. • Agreed to meet with representatives of the 3 residential trash haulers that are currenUy licensed and operating in Englewood , to get their views on contrad hauling. (It was assumed that they would have no objections to mandatory residential trash pickup) • Also discussed other options for contrad hauling. • Met with representatives from BFI, Laidlaw and Waste Management to get their answers to our questions. and any other input that they might feel relevant. (see appendices B, C, D) BFI and Laidlaw found the Idea of coobact hauling to be appealing. Waata Management was INa enthU8iaatic about the prospect of contract hauling This is understandable, considering their claim to be currently serving about 60% of the residences in Englewood . If the contract were to be awarded to another hauler their preHnce in Englewood would be compromised . • Discussed the possibility of conducting a citizen survey on these issues. Would llke to send 2000 with April Watar/Sewer bill. Another 2500 to be dlstrlbutad via other meana. • Met with Waste Hauler representatives, to craft the questionnaire • Agreed that we needed to keep it simple so that we would maximize the rate of response . • Hauler representatives agreed to reimburse CGP for the cost of conducting the survey , each paying 1 /3 . MSWRcpon Paae 2 . ' .. •· • 0 I 2 I • • t• ·, • <. • Learned that we would not be able to use mail for distribution of questionnaire. • After review at regular CGP meeting, we made final adjustments to wording of survey (see appendix E) Aprll 1991 • CGP members distributed 4500 survey cards, door to door. • Reviewed the results of the 1200 responses to the survey (appendix F) • Based on results of survey We concluded that there was sufficient publlc support to move forward with mandatory pickup (there was greatar than 2:1 reaponH In favor) Although there had also been a majority In favor of contract haullng, we f9lt that a more conaervatlve approach would allow time to add,... the numerous queatlona that had bNn poaed. • Based on past experience, we decided that it was time to bring these issues before Council, to see if we were justified in continuing our efforts. • At regular CGP meeting the membership voted to have Chainnan Lange request a study NUion meeting with Council to petition for drafting an ordinance mandating residential trash pickup . R8comrnendatlons An....t anent ordinance, or paea a MW ordinance, mandallng l'Nldenllal tnah collection .., a 11ce1...a ...... MSWlapoft ,.3 'I .. • • 0 ]- - • • t• • '· Appendix.A NOIIS from the MSW subcommillee meeting of ln/97 wuh Gremwood Villap Public Works Oirecmr, fan Sanderson 1) Knowing what you know now about haw service has gone, what would you have included differently in the wording of the proposal? Jim fett that they had done a thorough Job and could rully find nothing they would change, at thia point in time. 2) How has the city identified the citizens who need special services, and what services are provided? Upon requeet, rNidenta .,. •nt an application fonn for a apecial NrYk:a requNt. Upan receipt of the request. Jim Sand~n or the assistant city manager, then personally visits the resident to verify the requirements TheN are curNntly only 5 or 6 special nNda rNidenta They expect 1D provide container carry out NfVice for anyone over 18 or thou tDo III tD do It themNIY•. Jim 9Uggea1lld that .. might contact Nl'Yice orpnizallona auch -..... on WhNla 1D help..._. the number of special nNda raldenta we might need 1D pravtde for In Engla•aad. 3) In Greenwood Vllage, what .. the CUfflll1t racycling opliarls °""9d 1D 19Sidents? \Nhat is the cunnt percentage of recycling pdcipation? Nonnal l1llma are Included In the recycling program. on a bl • 11dy ....._ However. cardboard is not cunW11ly being pickad up. but the vilage offlciall .. inaunng BF1 to begin pic:lcing it up also. A,pmdlxA Plpl "' -. . ' . • . • • 0 I ]- • . , . •, • (. It wu forecast that there would be 80% participation. Current participation is actuaJly at 90% The contract aJao ha a eta ... lhat raqw,-revenue sharing of praftlll from the rec:ycHng program. There ia c:urren1ly one racycllng truck operall119 4 daya a WINk, and a wond truck la upec1lld ID be raquired aoon, beca ... the volume of Neyclable rnmriala ia much larger than upectad. How does the large item pick-up program work? Are there any limitations or special preparation requirements? Greenwood VIiiage had prwtoueJy ofl'8red a program aimilar 1lle Engtewood's Spring Clean Up BFI la currently providing unllmitlld Large Nam pickup on a WNldy baeiL Most large illlms ant actually picqd up along with the normal trash. Oriwrs radio in far another truck to git ilaml r9qUSing special ha di ig (I.e. rwlrigwab 1) 5) What is the prccedure far handing CUl1Dmel' camplaints? How many and what types of camplainls haw bean ...... o.e. ,,.. a "MW" c:aledlon day been a probtem)? BFI pnmctea a cuetrNw W'+ice phone number far camp1ain111. There were at)pnlXimablly 300 complaints the first month, concerning mieNd pick upa. There were SO complaints in December, conc:eming miaect pick ups . ' .. . ' •. • • 0 - • • • t• ·, • (. They did have some complaints about th• change of pick up days. They have had a number of people who threw away their pick up achedui... .. Ther9 ... a rww complaints about the coat of the service (but they evaporatld when the raidentll..,. infonMd that it was being pnwtded by tuea and they would not receive a bill) To hetp alleviatll any problems the drivers ..,.. Introduced 1D l'Nidenta in maillnp. The village offers incentive bonuses of $500 per quarterto drivers, far trouble free .vice. How many trucks is BFI using, and are the able tc complete the collection on a single day? The pickup schedule la covered by 2 trucks, operating 4 days per WNk. The village la divided ln1D quadrantll, and each ha la own pick up day. They do not p,an on deviating on Ilia achedule, except far conflicting holidays. 7) Can you explain GrNnWOOd Village's current enbcement policy of the contrad7 The llainllnanCe Superintandent far Glwenwood VIiiage ha clone...,.... apot checlca on the trucks BFI actually la uaing 2 MW truclm far Ilia coaallact. If any viola1lona do occur, they will fht go 1D mediation If the problem is not taken care of by the medlallon procedure. then the tine schedule would be imposed. Contract cancellation would be a flnal -.P in the .-rt of Nrioua protMms. ~--.--- . ' .. '' • . • • 0 l .. I -• • ·, - 8) Have you had any contractor violations? None at 1hi8 time. 9) 'M1at happens if you detect a raident abusing the system {colleding waa from individuals outside Greenwood Village for removal)? There have been same reports from neighbors about possible abuse, but nothing subatantiat ha turned up when village staff investigated. They antlcipdl the biggest problem will be with building COntnc1D1'8 doing ·work in the vfllllge, leaving large quan1ltles of traah for rwgular pick up. The expect ta handle this by informing the building contractor that they must 111move the trash or face a littaring citation. Are any other waste service providers allowed ta offer residential pickup in Greenwood Village? If so, .,. ttw9 a,y residents using them? RNidenta ara not requirad by the vtllllge ID partlcipatll, thay .,. allowed ID ... other tnah haulerL No one, sa far, ha actually UNd this opllon. ,4pparffldy a fow lraN looad into this Intl ftn,nd that tlN cost would b. prol,ibitM for a Slllllll ,,,...,. of l"Cmlllm. 11) 'Mtat is the extent of the CUffllnt Houaehold Hazardous Wasta {HHW) services that are offered rMidents under the Greenwood Village contract Each June there wHI be a Hmrdoue Wata Collec:tlon. Then, are no limitations on what it colledad. Then, is a limit of 130 vehicle loads. BA provides S18000 per ynr ta cover the COit of dllpoul. ;- . ' •. "' • • 0 • • • C, Haw much city staff tine is spent a,lildltlring this pwgaa,1? ... ..,. that he .. c:urnntly tandllng maat of the ............ .,. du1lee, along with .. job -Publlc ..... Dllac:1Dr. He will,.... aame halp with an upcamll1g b&w1lng count, 1D d91annine .. actual number of I lllrilf11C89 In Clfwiwood VIiiage. 13) Al in ail, do you cormider the c:ontr&t a succeal'JI IOlid waa1lt and recycling service arra igement far Greenwood Vllage? Y• . ' .. • • 0 r ')" I - .. ,. ',• • ... .. ,' .. . . ... ~/ ' ·:·.: . .. i.: _,. ... . . . • • I• • '· 1...... . ',, .. : BF1 · '.c'rrt oF ENGLEWOOo ' .... :··:: .. CLEAN·,.:GREEN .. & Pij()lJD . . . •. M~nicipal ·Sol~d Waste Subcommi~ee ·:· .. . . . . . . . . . . . . . ',•, ·· . • : ~.:; .• • • .'· ·, l •. · .• ' • _: • ~--! .. ::.·' . ·; '; .·.: . . . .. . ·:;,,,. · .. · . ': ... r .. . . Feb~ 15; 1997 _ · BFI of Colorado, Inc. 8480 Tower Road Commerce City, CO 80022 MSWRaport Appaadix B . . . ~ . .. :· .. · .. : :, : : .: -~ . . . . .. ~. :00 \): .. :: ·:; . : ·/ '. ·.:' ··.: •.. : .. -~ .: . •:: :--~·· : ;})!i ' 'ff:'.·. - .: .. .-.. :.~·:.; ;~?·J . .~. . . ·• '. :{·r ..·· .. . . i .. . ~~ .. . . ,·, . . . . -, .. _<.;( -·-.... '• .·. ··.,· . ' . . . ... . !· . ' . - •· • I )- • • ',MIi' 'Naate Wif.11 Systems"" www••••• caw.......,... IPlal~- Mr. Donald Roth Chair Municipal Solid Waste Subcommittee Clean, Green & Proud Commission City of Englewood 3400 South Elati Street Enalewood. co 80110 Dear Mr. Roth : ·., • • • (. _,...._o . .;. . February 15, 19CJ7 Thank you and the other members of the Municipal Solid Waste Subcommine 1hr 1l1e: opponunity to participate in your meeting to evaluate to possibility of contracting for solid waste service for the City of Englewood . I have encla.d the written relpOI• to the questi,111S dilcuaed at the lat meeting of the subcommittee . BFI looks forward to the opportunily to continue to astit you and the other memhen of the wmmitte with your evaluabon of contracting for nunicipll solid wu&e colk."Ction 9Crlices . • . .. • • 0 , __ -_ I ]- - • • · .. • '· MISSION Our mission is to provide tlie highest quality waste collection, transportation, processing, disposal and related services to both public and private customers worldwide. We will carry Ollt our mission ej]iciently, safely and in an environmentally responsible manner with respect for tlie role of government in protecting the public interest. . ' ,.. ~ . •, .. ' .. • • 0 • ,,, -.. ' .. -. •~ • (, OUR VALUES I am dedicated to our customers. I am respectful of our peaple . I am determined to provide the /Jig/lest quality $ervice . I strive for continuous improvement. I am ffex !ble in the face of change . I am committed to superior ethical conduct. I am a SFI emplcyee • . .. helping make t11e world a claaner placa to live . • • • 0 t --I ]- ] • • • • Questions and answers from waste hauler interviews at MSW subcommittee meeting Tuesday, February 4, 1997. 1) Do you believe that contract hauling for the City of Englewood is a viable option? Yes. contract hauling for the City of Englewood is a viable option . A contract would give the City greater control over the level of service provided to residents, control collection days, reduce the number of trucks in neighborho~ds reducing wear and tear on streets and improving traffic safety. 2) Would you expect a cost savings for the residents, If contract hauling became • ntaflty? Could you give an approximate percentage, based on the current rate you are charging? The could expect a cost savings if the City were to contract with one waste hauler for the entire City. Any savings would be contingent on the level of service established by the City in the . 3) Would you be interested in participating in a bid if the city were divided into quadrants, with a separate contract for each? Yes, BFI would submit a bid if the city decided to bid waste hauli119 services based on quadrants. However, a bid for service to the entire city would probably be the most advantageous to the city. The city would have one c:antract to administer, and the level of service and consistency of service would be the same throughout the city. •) If you ww to submit a bid to provide contract hauling in EngltJWOOd. what NIVtces would you expect to offer? BFI would expect to offer residential collection, recycling service, commu,ity dean-ups, support of community events, public education concerning recydino and other services . 5) What type of educational program would you be able to provide for the residents? BFI would expect to develop an education program as part of any contract opportunity. The program would address recycling, how to prepare you trash rc.r collection, how tc handle yard waste, and other topics as they might arise. The infom,ution could be included in a city newsletter if available or sent the residents by direct mail. ,,_ ' . • ... •· • 0 , • • 0 I• • 8) How would you handle complaints from residents? Complaints or customer assistance issues would be handled c :· our customer service department located at our District Office. It is expected that all service problems would be corrected within 24 hours. Most service issues wcutd be handlod the same day. A1 BFI customer service is our highest priority. Attached you will find a copy of customer service information currently being used in Greenwood Village. 7) Would you be willing to assist us in setUng this type of program to the public? Woutd you be willing to participate in a pubtlc hearing? BFI would assist the city in selling this program to the public and wuuld participate in a public hearing. 8) Would you be willing to participate and help fund a citizen survey, if we decide It was necessary? What questions do you think should be askad? BFI would be willing to participate in a citizen survey. BFI woulu be willing to assist in the development of a citizen survey to assure all the necessary questions were provided to the residents for reaction . 9) How many trucks would be required to comptete the pic!cup from aH residences in Englewood in 2 days? The number of trucks would be based on the number of rasiJe, as to be collected and the hours a contractDr wculd be able to operate. BFI has the capability to collect the homes within the parameters established by the city. 10) What type of automation la available? Automated collection systems are available however, because much of the trash cclledion in Englewood ocan in alleys, autornatad systams are not practical. The width of the alleys do not pennit use of the aaomated systems. 11) If the contract w.... to specify contractor provided containers, what would you offer? Please bring pictures of the containers. BFI could provide 95 gallon containers. The containers are easy to use and durable. A copy of a brochure has been provided. 12) What itltf118 are you currendy picking up from Englewood re&ldenta, for l'IICycilng? BFI CWTently collects old newspaper, glass , aluminum cans, steel cans and # 1 & # 2 plastic containers. ..... ,. - •. I· • 0 , - - • 0 , • • 13) Would it be feasible to provide recycling service in the allays? No, the alleys are not wide enough to allow the collection of recyclables. Currently, recydables are collected at curbside. 14) What type of large item pick up would you offer? Large item pickup can be handle on a weekly basis , as in the case of Greenwood VIiiage. Most communities handle large items as part of a dean up program or through special arrangements. BFI would provide the service as specified in the bid documents prepared by the city . 15) What would the price charged for each container, if you w.ire to provide each ra.ldence with a standardized container? The cost of containers would depend on how a contract was striJctured. If the containers were purchased by the city or residents , the price would be contingent on the number of containers. BFl sells 95 gallon containers to subscription customers for approximately S90. If the containers were required as part of a contract the cost would probably be amortized over the life of the contract, with each residence being charged on a monthly basis . 18) What services are currently befng offered to special needs customers(how many in Englewood, and at what cost)? Special needs customers currently receive "carry out service". TI1a driver pick up the trash at a predetermined location, usually the garage or back door. There are only a few BFl special needs customers in Englewood. There are also a few "carry ouf' customers in Englewood. Special needs customers should be controlled and approved by the hauler and the city based on predetermined criteria. Attached are the fonns used in Greenwood Village for special needs customers. 17) What types of fee on volume services (If any) are you currantly providing for any of your customers? BFI does not provide fee on volume service in Iha Denver Metro area. However, the City of Fort Collins does have a volume based trash collection p1 nuram. Attached is information concerning Fort Collins program . . 18) Would you be willing to work with us on the "Good Neighbor Days'" program that ls offentd each spring? Yes, BFI would be willing to work with the City of Englewood on the "Good Neighbor Days". BFI supports a number of community events in the comm11nilies we serve . "' - •· • 0 f J- - • • t• • ' (' · 19) What type of •si&tanc:e would you , .a ..JII• to pravida far our HGUMhold Hazardoua Wata ptagram? . BF1 would aai&t the city with the developraent of the HouNhald Hazardaul Waa progaam. BFI is aaistiug the City of Gr"8811WOOd Village with their program. . ·~ . .. ;~ • I • . • • 0 I _ -I • • 0 l• - U4!0/i'U4!/Jl COLORADO February 4, 1997 TO: The Englewood Clean, Green &: Proud Commission Municipal Solid Waste Sub-Committee LaidJaw Waste Systems is honored for your invitation to tonight's interview session for the purpose of information gathering OD Municipal Contracting. Laidlaw Waste Systems c:umntly is the service provider for the Commerce City munic:ipa1 contract and also provides service to other mmicipalitics aaoss tbe coumry. Attached is a reference list for some of Laidlaw Waste Systems municipal comracts. In response to your questionnaire, we are providing this brief summary of answers: 1. We believe that contrac:t bauling is a viable option in the City of Englewood. There are IIIIDY advamages that could be achieved. 2. If collll'let hauling became a reality in tbe City of Eqlewood, we believe that residents could save appromnately 30% off'the cumat sublcription rates in that area. 3. Laidlaw would be interested in bidding OD 9epUUe contracts for quadrants of the City if that would be the outcome of this process. 4 . Laidlaw 's services would include regular, once a week trash service and bi-weekly recydiq collection semce. S. Laidlaw would provide pamphlets to all particip• iug residents eqwiniog service guidelines for trash and recycling service. This would also include what items would be considered to be '1Ju.lky items" requiriq a !pecia1 call in for pick-up. Laidlaw also does a l'eC)'Cliog education outreach program in tbe local 9Chools and for other !elect groaps within the community . 6 . Laidlaw bas a customer service depatmem that is trained to handle my type of call. Complaints are tracked through our compmer system and forwarded to operations and other maagm u *PPfOpriate. Procedures are in place to insure compJaiats are resolved. We also have a oigbtline message system to take calls after hours to be taken care of io tbe morning . MSWRapan AppeadixC ,,, .• • .. •· • 0 , - • • • • 0 • 7. Laidlaw would be very willing to help promote municipal contracting to the public . We would also be willing to participate in a public hearing on the matter. 8. Verbal response. 9. Englewood would require (6) tIUcks each day to complete pick-up in 2 days. This would be 800 homes per route. 10. Verbal response. I I . Attached is a sample of a type of container that could be used for Englewood. However, we would research containers and strive to provide Englewood with the best alternative possible. 12. We would pick-up glass, aluminum, plastic, and newspaper for recycling. 13. We would prefer that all items (trash & recycling) be at the curb. However, if alley service would be required, we would provide the service required. 14. We would pick-up all large household items with a 24 hour advance call in for pick- up on the regular service day. Refrigerators must be certified CFC Free for pick-up. - Large building and remodeling items would require a roll-off'box and would not be included in a municipal conttact proposal. Charges for such items would be included in our proposal. 15 . We would provide containers and recycling bins. This would be included in a proposal. 16. Cummly, we are not servicing any special needs customers in .Englewood. However, we would make some special accommodations and develop a method of certifying that the party is eligible for this type of service. We would probably do a cmy out. This is where we wo.uld take the container from the back door, empty, and replace to the back door ( or location desipred). 17 . There would be a minimum S25 . 00 charge for large items. These would be priced on application by having a foreman view the job before pick-up. 18. We would participate in '"Good Neipbor Days". Cummly, we worlc in cooperation with the City of Lakewood on a similar program. ..... •· • 0 ,_ ,, -I ]- • ,. • • <, 19. Laidlaw Ware Syams blS wodmd ill coopel'llion widl Laidlaw :Emimo!Nif'UI Services (I.ES) OD iliiii&l'OIU Hauebold Hamdous Wure pl01£111111. LES bu Ill 0811:e 11111 pmmmel ill the Dam:r Malm. Plale see the oadiae of the Hoallbold CbenicaI Collecaml Propams dial we deripd ilrthe City of Gnmwoocl Villap propolll. We woald pmblbly daip som:diaai similar ilr EDpwood sbauid a c:omnct pioposal oa:ar. Also, pleae see the tblak you lima'we received tom Idiw Comity's BHW Aadmily. • I .. .. • • 0 , I )- • • t• • <. • Laidlaw Waste Syste1my Inc. Manitjpl Rmereace List 1) Commerce Crty, Color.ado Address: 529 l East 60th Avenue Commerce City, Co 80022 Contact: Gregg Clements Director of Public W arks # (303) 289-3600 2) Lake Havasu Crty, Arizona Address: 1796 Civic Cen=-Blvd. Lake Havasu City, Az 86403 #(520) SSS-2116 Comact Richard HDcman Mayor 3) Alton, Dlfnois Address: 101 E. Third St. Alton, n. 62002 #(618) 463-3500 Contact: Bob Towse Mayor # of Households: 4,700 Types of Services Offered: Residential Pick-Up # ofHouseholds: 15,000 Types of Services Offered: Raidentiat bcycling. . Commercial &: IDdustrial # of Households: 12,659 Types of Services Ottered: Residenrial &: Curbside RecycliD& . ; • . ... • • 0 - ·~ 4) ~Tu:a.s Address: 3112 Canton St. Suite200 Dallas, TX 75226 #(214) 952-2100 Comact: Chuck Smith !) Muskeco~ Michipn Address: . 1350 E. Keating Muskegon. MI 49442 #(616) 726-4786 Comact Bob lCutm Dir. of Public Service 6) Pleuut Grove, Utah Address: P.O. Box 515 Pleasant Grove, UT 84062 # (801) 785-5045 Contact: Fr.mk Mills • • I• • # ofHouseholds: 56,000 .. Types of Services Otfered: Residt:ntial, Commercial, lndusttial & Curbside Recycling # ofHouseholds: 13,000 Types of Services Offered: R.esident:ia.l, b:yc:liq & Compc,stia& # of Households: 3,857 Types of Services . Otfered: Residenti•I ct R.ecycq • • 0 r ,.,,.. I • • • • • • • • • • • • i • • '· WHY RECYCLE ? Every man, woman and child generates 4-5 lbs. of garbage every day, a staggering 200 million tons annually. 'That is enough to bury 30,000 football fields in a layer of garbage 10 feet deep. Our landfills are rapidly t1lling up. The US Environmental Protection Agency has estimated that at current rates there is only between five and fifteen years of landfill space left. Many of the existing landfills are unsare and will have to be closed. The idea of recycling and environmental responsibility helps insure a high quality life for our children that may not be possible ir wasteful and toxic habits are not changed. Recycling conserves limited natural resources like trees • Every ton of paper recycled eliminates ~e need for 3 cubic yards of landfill. Every ton of recycled paper saves approximately 17 trees • Recycled paper requires 50% less energy to produce tm,n virgin paper. Recycled paper results in 35% less water pollution, and uses 60% less water than the manufacture of virgin paper. The manufacturing of recycled paper results in 75% less pollutants . Over time recycling will result in lower costs to consumers than landfilling. "' - 'I ' ' ... ., •· • 0 f " "'I •1 • • 0 •• - ... UUO/!JUDilf COLORADO RESIDENTIAL CONTAINERS 65 Gallon T ocer 34 inc!les \Vidth 28 inches Ltngth 39 inc!les Height Blue Recycling Bins 16 inches Width 23 inches Length 13 inches Height ... I 0 - - • • <. ~ar-29-00 03:04P • HOUSEHOLD CHEMICAL COUECTION PROGRAMS Laidlaw 11as been im,otved wilt! .--·cr.n1C11 ca111c11a11 pragrwm s1nca ma ..-,970',. e l.lilllaw 1181 parttdpated 111 -191111 hallahakl ci-licll c:aleClion pmgrams ,IIIIOn Ida • o.r.mty managino 75"' of the hau9lltlClld clleffliCal c:allec:llan pracpwns in eo.noo. • Local uff operalinQ rrom offlc:81 in ArapallOe ColftY. • l.arV9ll nazardoul ...,. manaprnera ~ ....... 111 clilpaall -in Amatca. • Lllllaw wil take geiaalOI Wal IIGUlalN*i clllffliCal waa9 to fflllllmlD long t9lm lllaY far Ille Cly ot Grea'IWIICIIS VIiiage. • Uidlaw wiU WOl1t wlll 1'"' City of GINll1 aad Vllagl to~• ceaG ~ far small~ in Ille ara. e Ulllllnl8d I ICI av.-. In: • Pramolian prtar ta 9"111. -conarunv ....-, after'U.twn • Nrlllflla "'.,.. ~ --Cllll culllnl .... • lllarinQ ililfuffflilllDII Mglllll'l-,clllll _• __ to ...... • a Nay tD fflal9ll9 II lypa ol-dlal .. Ollllclld. e L.1i11N will MIO~ Ille pnlllalll tD ..al .... I &a. IRPW*UI c:am llDall • • ................ ---- . , P.02 .. .. • • 0 a., • .._ a., • ..,_. a.,a,a.., c:a.,ar.-.. ... ~ a.,ari-._,..__, Iune6.1996 • • I• • .. JEJ=RRSON aJUNlY HCUSEHCLC HAZAACCUS WASTE STORAGE AUTHORITY ,aa ,.,.,_ c.x.., PSlllllly Slm- Goililll. c:.-.. aiuruam Scott Wender, Marketing Gener:u M:in:i&el' uidlaw Waste Systems 601S E. S8tb Avenue Commerc: Cicy, CO S0021-i994 .,..,...._...., Re: A brie!th:ulk you for uidl:lw's :usist:ince to JetTerson County's HHW Collection F:u:ility a.,.___. a.,a,._,.,._ Car '.\!Ir . Wender. As die two people most ciose!y involvee with tbe oper.uions -,f:ne Jet'fmon County Household Haz:udous Wuce Srcr:ige Aumority 's C;:iilC'"..:ion Fx:lity. we would like re i:alte this opportUnity te dw1lt you and L.udlaw (both Envin,nme:11:z! and Wum Syste:ns) fur your invaluable assistznc: re die Authority. Over i sever.ii year uscc:acon. Laidlaw has pn,vicieci the Aumority widl a list of services &!most teo lenpy tD enume:'UII. This .:i1111S back :a tbe Round-up days when auh roil- ofl':s we:,: pr1lVided at no c:hlrp duoup die last yar-and a half durin1 which uidlaw ha pn,vided free auh and corrupmd Qf'dboard smrqe 111d pick-up servic:a. The odler less easily dac:umenmd benefits of::l!e Awnority 's lon1 assoc:azion wim uidlaw (e.1-, willinpess rc be friendly and. adaptable to our individual cusicmer :,eeds) have a!sa been pally~ We are gramt\ll far die Audloricy's continuin1 rewionship wim L.aidlaw 111d anticipe ill continuation. As one of our donors. you should be 1Wlft !hal: uid1aw W11111 Sysiems appan on our donor sipi mounmd -,n tbe &one ofttle Facility . To &nnc-inc:ase me public's awanmas of me :ona,DUliofts of donors sue.It as Laidlaw, we plan tD include a donors list in die nat priminc of our infonnaaoaaJ broc!zur:. A copy of the praent broc.iur-. (widl irmn:s) is includad wim this lcar. The new broc!zure will &!so iacorponm tbe :we insctS ina:, a larpr. r'ldailfted format. This printin1 should oc:ur lamr mis summer. One: &pin. we and the mem~ of !he Authority Manqe:nent Committee owe muc.'t rc uidlaw Wum Sysmms md W<luld like tD o~ ycu our sincere ll&ll!cs . Sincerely, Since::!:,,, ""1 ~~~ ~ le/ _L&;ef",;1i { ( /1~·?'/"/lbt Marit S. Laye. Drop & Swap Coordirwcr Greg Finney, Hn'W ££emit-Manapr Jefferson County HHW Smrap Authority Jer!man County HHW Srcnp Audlority =: Member,, Manapment Commiaae., Jetfmon County HHW Sanp Audlority Ouistin&I. Va!erio, uidlaw Waa Sysams llaidlm:ia1 TcrilDry M....-(widl llldolurw) Mile• Hannon. uidlaw Wum Sysrams Operuioas Mlaapr' (widl enc!osurw) Scott fl.and. L.udlaw Wuia Sysmms Sala Maaapr(widl enc!Clllln) Terry Lynn T~ynor. uidlaw E.,vironmenrz.l SJISDfflS (widl enclosure) EnclosUR '• . , • . • • 0 J- • • • Waste M1m:1g~1nPnt <.'I 1;,,,..,, . ., .. r .d. Bn~ 1:!~n 7.•IOU Wc,~t Unint1 /\v""",.. Englewood. Color:ulo 80 11 u :1031797-1800 • FAX: 303/797-3031 TO: Green. Clean. and Proud Commission • . , . • Chairperson Don Roth and members of the solid waste subcommittee FROM: Dean Vander Bun, President-Waste Management ofCokmldo TOPIC : Response to subcormnittee questions DATE: February 7, 1997 A Was1e Management Compa,y I . Contrad hauling for the City of Englewood is one option. There are several other options which might be considcietl which would go tar to reduce some of the city's trash concerns such as too many Lrucks. Waste Management hu a history of2S years in the Englewood conununity providing continuing service wht:n otber haulers have pulled out We service about 7001. of the residential trash accounts and tee! tJ1e quality of our services are indicative of the large number of satisfied customers in Englewood. 2. A reduced cost is possible, but really depends upon lhe level and quality of services requested in the bid for proposal on the city contract. Can't give you a cost savings estimate until we know what services would be required 3. Preference to bid a single contract for the entire city . 4. We would probably offer to provide our current level of services, but are capable of providing whatever is requested in the contract proposal. S. We have the capability to provide educ:alional programs on many levels, from distribution of activity books and curriculum like our competitors. up to and including in-depth ICbool leaocls and activities. tours, and community-wide prescnwions. 6. Complaints are currently handled on-site by our Qlstomer service repramtalives . Bec:aate we are located within the City of Englewood, complaints such u milNd pickups are bandied in 111111)' caes within ten milutes of a caD . Under a city-wide contract we &lei the compiaiata should come directly to our offices for immediaae remediation. 7. We wouJd be willing to participate in a public hearing, available u a comultant on 90lid wute aw•acment and recycling questions . 8. We would be happy to support a citizen survey ifwe can participate in deYeloping the questions and have access to the responses and analysis oftbe surwy. 9 . Trucks utilized for contractual services should be no older than 3 years. We &lei we could cover the entire city of 8SOO homes with four trash trucks and two recycliaa uucks and service trash pick on four days . Wute hauling would occur weekly and recycling Bi-weekly u aurently arranged . MSWR.apan AppmclixD .... .. •· • 0 f 2X ]- • • • t• • ' 10 . Waste Management is equipped to provide automation vehicles for trash pick-up however it may not be feasible lo implement automation for alley pickup . 11 . Waste Management i~ prepared to offer 65 gallon or 9S gallon polykart containers for residential use. Averngc levels of trash CC1llection for the typical Englewood home is two 30 gallon trash containers . ,\Jditional issues to consider include amortization of containers over the life of the contract and who is responsible for replacement of the containers when they are damaged, lost. or stolen . 12. Recycling items currently picked-up Ii om Englewood residents include: glass. plastic, tin, aluminum, newspaper, and cardboard. Waste Management provides a three bin collection system for easy collection :ind storage of recyclables . 13 . Recycling service works best at the curbside for pick-up . We would prefer that the current curbside pickup system continue to be in etTect with contract hauling. 14 . Waste Managentcnt would provide any type of large item pick-up required by the city contract . Currently we provide appliance pick-up via customer call-in and can arrange a personal garage clean-up project for an additional ! I 5 to $40 dollar charge. 15 . Container prices run on an aver~--" between $40 to $75 depending on the quality and size of container opted for within the contract 16. Special needs services can be acquirei' for an additional fee, usually about StO more per month . We currently provide these servic• to customers who are handicapped or otherwise incapable of putting out their trash. Special needs services can be covered within the parameters of the city-wide contract. 17 . Waste Management is currently offering three levels of services (more accurately de f med u a limited fee on volume service). A recycler rate, rum around $10 per month and is for those customers who put out only one trash container per weekly pick-up; the regular rate for unlimited disposal of trash. runs around S 12. 50 per month, and a senior citizen reduced rate. 18 . Waste Management i,, partnership with the City of Englewood invented the .. Good Neighbor Day" program . We have generously given back to the community free disposal services for over 8 years . We :dso participate in the Di-City Tire and Leaf drop-off and have provid,e additional in- kind services or non-prolit rates for many other city solid waste programs . 19 . Waste Management is capable of provide consult mg usistance for your HHW I'· · ,gram. However our company is prohibited from dirri:tly disposing ofHHW. Over the pa :. six years, Waste Management has provided advice and assistance in helpins the City identify vendors for a limited HHW program . We continue to suppon the annual HHW collection program currently offered by the city . .,, -. . • .. • • 0 , I - - • ~ -. y • to • , . Additional Comment•: Waste Mampnwc ii an E~ Company . We lave been bin fbr tbe c:omm,aity for 25 years prowlina quality solid wute nw a ..,,. _. recyclina .,,.. ID our cultCJalln. We are the eiplb ..... employer widlin the city ofEapwaod ~ ....... tlX .... fbr city ftMlml. The Good Neipbar Day praanm GM" 1111 ,-,s Im cmailuled ill rms ofSl00,000 ill dilpcal COIII mr nllideals of tbe city afEapwood. We are proud of our nip•erion in £nalewood _. are COIi 1itted ID providing long-term ssvice and fhwac:w bml8&I ID~ aad bAiames widia dis coamHDity . ' , .. • • 0 , __ ~• ]- • • 0 , • • 1111 ,~~~!.5.'!~!..~col POSTAGE WLL BE PAID BY ADDRESSEE Niiii ATTN Clan. (3,.... & Proud City of Englewood 3400 SOUTH B.ATI ST ENGLEWOOD CO 8011().9945 I l11 I, ll11,,, ,ll11, II II, 11l,l, ,I.I,, ,I 11l, I ,l111 I I, I CAN WE TALK TRASH? -- 1. Should al 1wldailllll p!aparly °"'*9 In El..-...,d be ..... to,- ......... oallcllan? 2. Wauld yGU IIIPPOlt lw,ing 8 atgla CllfflP8rlF oallllll 1,eid1 -nah? 3. Wauld yau be .-ng to alland • pubic '-"II and -,au, aplnlana? YD NO aa aa aa Canwnenla?~~~~~~~~~~~~~~~~~~ CIIIM. .... '-c..1111111 • ca, .. ......... _ ................ 00.., ... _,.... MSWRapan Appadil(E .. • • • 0 '32xl • . •~ • '· 1997 .. Can We Talk Trash" Survey Results Clean, Green and Proud Commission Solid Waste Subcommitree Tabulation date: May 6, 1997 Total cards ntuaned: 1211 Tocal blank cards remmed: 11 Tocal cards Tallied: 1200 YD 1. Sboald all raidallial propeny owam ill Enpwood be 789 requized ID ba¥e weet1y lnlll colJeclm? 2. Would you support baYiDs a siDale c:ompay collect 681 residemial tnlh? 3. Would you be willias to aaend a public bariDI IDll are 586 your apiaiom? " NO " 66 358 30 57 453 38 49 453 38 Most CoasemadTe CaeaarY al cards wltb-. addrw a IIIIWeled Y or N 1D aD three qwst¥W: - (Ql • Yes and Q3 • Yes) ID favor of residellls bavq weekly aash coUectiolullll willing ro aDeDd beariJls: 350 om of 886 (Ql • No and Q3 • Yes) Oppoaed of residellls bavq wetly aash coDec1ion 1111 williDg ro aDeDd bearin&: 159 om of 886 (Q2 • Yes and Q3 • Yes) Number ofbuaNboldl iiippou:ac a liape campmy colleain& trash 111d williDs co laad beariac: 336 om of 886 (Q2 • No and Q3 • Yes) Number ofbouleboldl oppc,m ro a sinp compmy collecting trash 111d williDs to laad beariDc: 171 om of 886 OF888 I YB "' NO "' -Q1 I 813 89% 273 31% -Q2 ~ 83'% 332 37% -Q3 510 58'% 379 421' - MSW A,,..alxF . ' ' .- .. ., • • 0 , ~"IV I 1- - • • •, • '· Mr. Mayor and Members of City Council Tricia Langon, Neighborhood and Business Development staff liaison to the Englewood Clean , Green and Proud Commission For your consideration tonight is an ordinance amending Title 15, Chapter 2, of the Englewood Municipal Code, entitled Trash, Junk and Salvage, to require mandatory subscription to trash collection service in the City. This ordinance was introduced and passed on first reading on December 15, 1997. Notice of tonight's public hearing was published in the Englewood Herald on December 19, 1997. I would like to submit for the record, proof of publication . I would also like to submit for the record two letters in opposition to the proposed ordinance amendments. You received a copy of the first letter in your council packet. The second letter, received today from Ms. Doris Baker, was distributed to you at your study session . I would also like to submit for the record an e-mail which) H lease also received from Sue Bradshaw, of the City Manager's office, regarding a phone call she took this morning from a Denver resident concerned with trash dumping by Englewood residents in Denver, if residents are not required to have trash collection service. NBD ataff'a involvement in this iaue and the propoNd ordinance ha been of a clerical or aupport nature. So I wlH give a brief background of how and why wa are here tonight, and then tum the praentallon over 11D Don Roth, Chair of the Clean, Green and Proud CommlNion'a Municipal Solid watt SUbcommltlN. Concerns with municipal solid waste issues go back several years to 1991 when mandatory curbside trash collection was first considered . At Council's direction, the Clean, Green and Proud Commission held a public hearing 9CilAQ8AliAg traet. colleatien in 1992. At that hearing residents strongly opposed the curbside collection component. C:..O~C,l"l o H No further action on the trash issue occurred until 1995 when Council Bill 15 was introduced requiring mandatory trash collection and that licensed haulers provide recycling services to residents . That bill did not proceed. Council again requested that Clean, Green and Proud study the municipal solid waste issue and suggest alternatives . The Commission's current work includes discussions with trash haulers, analysis of the trah collection policies of surrounding municipalities , review of the current ordinance, and a random survey of the residents regarding trah collection . ..... "' -. ' .. .. ... •· • 0 , ]- ] • • • ·~ • The Commission found that because the current ordinance does not require subscription to trash hauling service, it contributes to: an accumulation of trash and the illegal dumping of residential trash in commercial dumpsters. To adclnta thNe two concerns: It is the Commission's recommendation that the City require mandatory residential subscription to trash collection service by a licensed trash hauler. Let me .. , up front that the Pf'OPOMd ordinance: • 1. does not require curbside collection -collection would remain in the alleys 2. does not propose hauling by a single company. Residents would continue to have a choice of haulers -open competitive market remains as it is today. The Clean, GNen and PnMld Commieaion fNla the ordinance, by declaring any accumulation of trash to be a nuisance, and requiring mandatory b'ash collection subscription provides a partnership tool with code enforcement to help reduce: litter, trash accumulation, and illegal dumping in commercial dumpsters. The drafting of the amendments to this ordinance has been the work of the Englewood Clean, Green and Proud Commission . I'll now tum the podium over to Don Roth who will further discuss the ordinance and answer your questions. ' ' ' ' .. > I • • 0 '32xl )- • • • • . . The Commission found that because the current ordinance does not require subscription to trash hauling service , it contributes to : an accumulation of trash and the illegal dumping of residential trash in commercial dumpsters. To address these two concerns: It is the Commission's recommendation that the City require mandato,y residential subscription to trash collection service by a licensed trash hauler. Let me aay up front that the propGNd ordinance: • 1. does not require curbside collection -collection would remain in the alleys 2 . does not propose hauling by a single company . Residents would continue to have a choice of haulers -open competitive mar1tet remains as it is today. The Clean, Gl'Nn and Proud Commlealon fMle the ordinance, by dedaring any accumulation of trash to be a nuisance, and requiring mandatory trash collection subscription Provides a partnership tool with code enforcement to help reduce: litter, trash accumulation, and illegal dumping in commercial dumpsters. The drafting of the amendments to this ordinance has been the wo,tc of the Englewood Clean , Green and Proud Convnisaion . I'll now tum the podium over to Don Roth who will further discuss the ordinance and answer your questions. .. • • • 0 ]- ORDINANCE NO. _ SERIES OF 1998 • • • '· BY AUTHORITY Ml OIIDllUlfCS AU'l'II08llllfO Alf INftaGOV8IIMlalAL AODallDT E!fflTLED ·GRANT OF CITY DITCH RIGHT-OF-WAY" BETWEEN THE UGUIWOOD BOU8Df0 AUTIIOIUff AIU> '1'1111 Clff '111-...roc>D POil f 'Im'! PltOPERTY' KNOWN AS :WOO SOUTH SHERMAN. WHEREAS, by the paeaage of this Ordinance the Englewood Houaing Authority would grant the City of Englewood a City Ditch Ript-Of-Way for the property located at 3400 South Sherman; and WHEREAS, the City of Englewood ia responsible for conveying water through the City Ditch; and WHEREAS, the City Ditch right.of-way along a aection of the City Ditch ia neceuary for repairing and conveying water in the City Ditch; and WHEREAS, the City doea not appear t.o have a recorded City Ditch right.of-way for the eec:tion at 3400 South Sherman Street; and WHEREAS, permanent ripwf-way will be conveyed t.o the City with the at&acbed euement agreement for 3400 South Sherman Street; NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sgtigp 1. The Interaovemmental Apeement, entitled "Grant Of City Ditch Ript- Of-Way", attached hereto u "Emibit A," ia hereby accepted and aJllll'Oftd by the E111lewood City Council . Sec:t;ign 2. The City Manapr ia autboriled t.o uec:ute and the City Clerk to atteet and aeal the A,reement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and paued on ftnt readiq on the 19th day of January 1998. -1- "' -. , •, .. • • 0 , I ]- • • ·, • .. COUNCIL COMMUNICATION Date Agandll Item Subfect City Ditch Easement January 19, 1998 t••• Acquisition -Sherman & Girard Initiated By Utilities Department I Staff Source Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION Recommend Council approval of Council Bill No. 2 for an intergovernmental agreement entitled "Grant of City Ditch Right-of-Way" located at Sherman and Girard. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Property located at southeast comer of Sherman and Girard is currently owned by the Englewood Housing Authority. The Housing Authority is proposing to building condominium units on the site. Englewood's City Ditch crosses the northeast comer of the subject parcel. The only easement is an easement by prescription, meaning the ditch was there first. The Utilities Department wishes to acquire a formal, recorded easement for this section of the City Ditch. Acquiring this easement while the site is owned by Englewood Housing Authority would simplify the process. Not all sections of the City Ditch are in recorded easements or rights-of-way. In some sections, the City Ditch is not In recorded rights-of-way, but in an easement by prescription. Aa opportunities arise, the Utilities Department is attempting to acquire easements. Easements by preec1iption allow the City to maintain the ditch as-is, where-is with no improvements. Formal easements allow the City to improve the ditch. Englewood's City Attorney has reviewed the euement. FINANCIAL •PACT None. UST OF ATI'ACHIIENTS Council Bill No . 2 Grant of City Ditch Right-of-Way ·. ... • • 0 I -• • ~ • ., .. Pabtiabed u a Bill for an Ordinance on tbe 23rd day of January, 1998. Thomu J. Bums, Mayor ATTEST: Low:riabia A. Ellia, City Clerk I, Low:riabia A. Ellis, City Clerk of the City ofEqlewood, Colorado, hereby certify that the above and foreaoinl ia a true copy of a Bill for an OntiDaDce, introduced, read in full, and puaecl on &st reading on the 19th day of January, 1998. Loucriahia A. Ellia -2- I# - ' • I ' • ' ' ' • • 0 , I - • • • t• • (, EIBJRITI GRANT OF CITY DITCH RIGHT-OF-WAY THIS GRANT of City Ditch Right-Of-Way (this "Grant") is made this_ day o( 1997, by the ENGLEWOOD HOUSING AUTHORITY ("Grantor") whose address ia 3460 South Sherman Street, Englewood, Colorado 80110, in favor of the CITY OF ENGLEWOOD ("Grantee") whose address ia 3400 S. Elati Street, Englewood, Colorado 80110. The parties covenant and agree as follows: 1 . Rjght-Of-Way Pnu1eJ:ty. The "Right-Of-Way Property" shall mean the real property located in the County of Arapahoe, State of Colorado, more particularly described as : Beginning at the N .E. comer of Lot 1, Block 7 Premier addition thence South along the East Line of Lots 1 and 2, 27. 77'; thence on an angle to the right of 100° 48' 16", a distance of 66.03'; thence on an angle to the right of 30° 00' 00" a distance of 23 .54' to a point on the North line of said Lot l; thence on an angle to the right of 139° 11' 16" a distance of82.68' to the point of beginning. See attached Exhibit A, consisting of one page. 2. Con1jderatjon . As consideration, Grantee has given Grantor ten dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by Grantor. 3 . Grant of Cjty Djt.ch Right-Of-Way. Grant.or hereby grants to Grantee, its successors and assigns, a Right-Of-Way (the "City Ditch Right-Of-Way) over, under, aCJ'OIIII and through the Grantees property for the purpoee of constructing, operating, maintaining, repairing, replacing, removing, improving and enlarging the City Ditch. The City Ditch shall mean the City Ditch and all neceaaary underground and surface appurtenances thereto neceuary or desirable for the tranamiaaion of water including, but not limited to, mains, conduits, vaults and ventilators. 4. Suhjag,nt and X•w:aJ Support . Grantor covenants and agrees that Grantee shall have the right of 1ubjacent and lateral support on the Right-Of-Way Property to whatever extent is neceuary or desirable for the full, complete and undisturbed enjoyment of the rights granted to Grantee under this Grant. 5 . 6 . Warranty of Tjtle. Grantor warrants and represents that Grantor ii the owner of the Right-Of-Way property and that Grantor has full right, title and authority, to grant and convey to Grantee the Ript-Of-Way. Grantor further covenants and agrees to indemnify, defend and hold Grantee harmleu from and apinat any adverse claim to the title to the Ript-Of-Way Property by all and every penon or persona lawfully claiminf or to claim the whole or any part thereof. Bjndjng Ef[ec;t . Thia Grant shall utand to and be bindinf upon the bein, penooal repreMntatives, auc:ceuon and aaipa of the l"Np8Ctive partiea hento. The tarma, covenants, agreements and conditiOlll in this Grant shall be conatrued u covenants running with the land. 'I • • 0 - - ,~' • • • • • <, IN WITNESS WHEREOF, the parties hereto bu uecutecl this Grant of City Ditch Right-Of-Way the day and year tint above writt.eD. GRANTOR: ENGLEWOOD HOUSING AUTHORITY Cheryl St. Clair, Enc:utive Director STATE OF COLORADO ) )u. COUNTY OF ARAPAHOE ) Admowledpcl before me this __ day of Ul97, by Cheryl St. Clair, u the Enc:utive Direct.or of the Eqlewood Housinl Authority. Notary Public My Commiuion upirea: ------ GRANTEE: THE CITY OF ENGLEWOOD ATTEST : Louc:riahia A. Ellia, City Clerk Gary Sean, City llanapr ----- ·. . . • . .. • • 0 f ----. I LEGAL OESC. •GINNING AT THE N.E .CORNER OF LOTl, II.OCK7 PREMIER AOOITION THENCE SOUTH ALONG THE EAST LINE OF LOTS I AND 2 27. 77J THENCE ON AN ANGl£ TO THE RIGHT OF 100-1181 16' A DISTANCE OF 66.03' J THENCE ON AN AHGLE TO THE RIGHT OF 309 od oo• A DISTANCE OF 23.54'. 10APOINTONTHENORTH LINE OFSAID LDT 11 THENCE ON AN ANCl.£ 10 Tt£ RIGHT OF 139911 1 11• A DISTANCE OF 82.68' 10 THE POINT Of •GUN~. E. GIRARD AVE <ts. '~Yv· 8 I I 82.68' /'-------- /" I.OT I --!_o,rc,.,). 1 ~ r at , N SCAl.£ I" • 10' N.E.CORNER LOT I BLOCK 7 PAEMIER AOOfTl7 ----~ =t ~ -< r I l , A I ., ~· .. ·, • ~ I ' ' • '\ 11 . { , , ~ , ) : . , . t.. / 0 • - , • om>IMANCB NO. _ SERIES OF 1998 ,, • • • BY AUTHORITY I • COUNCIL BILL NO. 3 INTRODUCED BY COUNCIL MEMBER WAGGONER AN OBDIMANCB AUTHORIZING THB BXCHANGB OF TWO PARCBLS OF PROPERTY LOCATED AT UNION AVENUE AND THE SOUTH PLATTE RIVER BfiW&&N THE SOULE TRUST PAllTNBBSBIP AND THE CITY OF ENGLEWOOD,COLORADO WHEREAS, for the mutual benefits described herein, the City of Englewood, Colorado and Timothy A. Soule, as Trustee for the Soule Trust Partnership, wish to uchange parcels of real eetate; and WHEREAS, the City of Englewood has awarded a bid for the approved improvement of a building in coitjunction with the improvements at the Allen Water Treatment Plant; and WHEREAS, such improvement would violate the set back requirements under both the Zoning and Fire Codes without the acquisition of the parcel described in Exhibit A; and WHEREAS, existing City building currently encroaches into property owned by the Soule Trust Partnership, see Exhibit A; and WHEREAS, a building owned by the Soule Trust Partnership CWTfllltly enc:roaches into property owned by the City for Water Utility purpoNS, -Ezhibit B; and WHEREAS, an exchange of the parcela of real estate as cleac:ribed in Exhibits A and B, would bring both buildings into compliance with the Nt back requirements and allow for the needed improvement to the City's building; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : 5es;tion 1. The City Council of the City of En,lewood, Colorado hereby authorizes the uchanre of pan:ela which will include the purchaN of the property lilted in Exhibit A (attached hereto u Ezhibit A), for the purcbase price of $10.00 and the sale of the property listed in Exhibit B (attached hereto as Exhibit B), for the sale price of $10.00. 5es;tion 2. The Mayor and City Clerk are hereby authorized to sign and attest, respectively, the said Exhibits A and B, (attached hereto) on behalf of the City Council and the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 5th day of January, 1998. • 1- "'~ • . 10bi ... •· • 0 '32xl - • • • • " -... • <' Publiahed u a Bill for an Ordinance on the 9th clay ol January, 1998. Read by title and puaed on final reading on the 19th day of January, 1998. Publubed by title u Ordinance No. _, Seriea m 1998, on the 23rd day of January, 1998. ,.. Thomu J. Burm, Mayor ATTEST : Louc:riabia A. Ellia, City Clerk I , Louc:riabia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the abcwe and forecoinl ia a true copy of the Ordinance puaed on ftn.a1 readiq and publiahed by title u Ordinance No. _, Series m 1998 . "'~ . , • . ' • • 0 f ........ ,,I , • ~ • " · ... • .. 'l'bia Contract ia made 1111 tbe day of 199_ between __ 'nlE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION OF 3400 SOUTH ELATI STREET, ENGLEWOOD, COLORADO 80110, [Buyer), and TIMOTHY A. SOULE, u Trustee for the Soule Truat Partnenbip of ~~~~~~~~~~~~~--,~~~~~~_,Colorado 80__, [Seller). Buyer -er-to buy, and the undenipecl Seller, -er-to ..U, 1111 the terma and c:onditiou Nt tirth in tbia Contract, the following deac:ribed nal eatate ill the Count:, of Arapahoe, Colorado, to wit: A Parcel of Land c:omiatiq of 0.007 IICl"N more or 1- Aa deacribecl in Attacbm-t A. topther with all interNt of Seller, all improvem-ta ~ and all attached fiztur. thereon. 'lbe purchue price lball be T-Dalian ($10.00) and other valuable comideratioo the aufficienc:, of which ia hereby admowledpcl by the Sell•. 'l'bia Contract abal1 inure to the bemi6t al and be bindinr upon the bein, pencmal. .epa-tativea, IIUCC8UCln and...,... altbe putiee. Subject to tmdar or pa,-t by ea,., the S.U.-aball a.ate and deliffr a pod and ldlcimt Warranty Deed to Buyw, Cllll'ftJUII the Proparty. ~ u adMrwiae pnmdad iD ... Ccmtnct, tbe PrClplfty aad IDdmiau lball be clelmred in the caaditiaD ..... -al the ... of dlia Caa&rad, ardiur7 WNr and tear umptad. ENTillB AGREEMENT. Thia Ccmtnct aa.mtutw the aat:ire Clllltnct t.t... the partia relatin, to the 9Ubject lm9al, and any prior ...-ta panaiDiq tmnt.o, wbatbar onl or written, have bemi merpcl and mtllp'atad into thia Contnct. 6' - • X H I • ,I, A . . 'I • . .. • • 0 - - • ·, • NOTICE OF ACCEPl'ANCE: COUNTERPARTS. If accepted, tbia doc:ummt shall become a contract between Seller and Buyer. A copy of tbia doc:ummt may be euc:utecl by each party, aeparately, and when each party baa ~ a copy tbereof, ncb capiea taken topther aball be deemed to be a full ad cximplMie cmtract betwem tbe part:iea. THE CITY OF ENGLEWOOD Buyer: 'l1lomu J . Blll'DII, Mayor Date of Buyer's aipature: ------ Buyer's AddrNa: 3400 South Elati Street,~ Colondo 80110 ATTEST: Loucriabia A. Ellia, City Clerk TIMOTHY A. SOULE, TRUS'l'BE roa SOULE TRUST PARTNBBSHIP Seller: Timothy A. Soule, Truatee Date of Seller's aipature: -------- Seller'• Addraa: ________________ __.Colorado 80~ -2- ' . • I • . ' .. • • 0 / • ' • · ... • <. ATTACHMENT A L,£GAL QESCRIPTI<* A PARCEL OF LNI) LOCATED IN Tl£ SW 1/4 OF Tl£ NW 1/4 OF SECTION 9. TIJltSHIP 5 SOOTH, RN& 68 WEST OF Tl£ SIX'nf PRil«:IPAL MERIDIAN. COONTY OF ARAPAHOE. STATE OF C<l.CIWXJ BEIE ta£ PARTICUI.MLY DESCRIBED AS FOLUIIS: BEGINNDli AT Tl£ SOOTllEST C<IINER OF A PARCEL OF LNI) DESCRIBED IN BOO<. 6104. PAGE 324. PARCEL I. OF Tl£ ARAPNa. C(Ufl'Y REaR>S. SAID POINT BEIE ON THE tom£Rl.Y RI9fT OF WAY LINE OF IIU<lt AVEU, RECDDED IN BCD( 127. AT PAGE 407. OF Tl£ NWJNa. CotlfTY REaR>S; 1lECE AL<JG Tl£ WESTERLY IIUDRY LINE OF SAID PARCEL 0TH 24°40•34• ~ST 29.24 FEET: 1lECE DEPMTIE SAID IIUl)MY LINE SOOTH 80°55'00• EAST 20.49 FEET TO A POINT mt Tl£ EASTERLY LINE OF SAID PMCEL OF LAIi); THEl«:E SOOTH 09•13•09• ~ST 23.11 FEET Al.(lli SAID LINE TO A POINT mt Tl£ 0TH RI9fl' OF WAY LINE OF SAID UNI<lt AVEflJE: THEl«:E Al(lli SAID RI9fl' OF WAY LINE NI> Tl£ SOOTl£RLY IKllORY LINE OF SAID PARCEL SOOTH 83°03'00· ~ST 4.36 FEET TO Tl£ POINT OF BEGINNIE. SAID PARCEL CmtTAINIE 297 SOJME FEET (lll 0.007 ACRES). ta£ lJl LESS. CITY OF EflUIIXX) UNI<lt PIN' STATI<lt 1K .D II>. 2882.007.00 OCTIIIER 28, 1997 atf Sf£ET 1 OF 2 _____ ,_ ' II - . , • ' . ~ . • • 0 • • C• • ' '(. EXHIBIT --""Jr~, ==-~--=-----:J SCALE : 1" = 1 O' EXISTING / BUILDING V BOOK 1425 PAGE 591 I POINT OF BEGINNING w_ :::> ,.. z~ ~I za. 0 --,.. ZN :::> - ~~ ' . , • ' . ~ ' .. • • 0 ,_ I - / • • • (. CONTRACT TO BUY AND SELL REAL ESTATE This Contract ia made oo the day of 199_, betwem __ TIMOTHY A. SOULE, u Truatee for the Soule Truat Partnenbip of -----------------------Colorado 80_, [Buyer), and THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION OF 3400 SOUTH ELA.TI STREET, ENGLEWOOD, COLORADO 80110 [Seller). Buyer qreN to buy, and the UDdenipaed Seller, acre-to sell, on the terma and conditiom set forth iD tbia Contract, the follcnriq dellcribed real estate iD the County of Arapahoe, Colorado, to wit: A Parcel of Land c:omiatiq of 00.009 IICl'9 more or leu ,.. dNc:ribed iD Attacbm-t A. topther with all interwt of Seller, all im~-tl thereon and all attached futures thereon. The purc:haN price llball be T-Dollan ($10.00) and other valuable COD.lideration the aufflciency of which ia hereby aclmowledpd by the Seller. Thia Contract shall inure to the benefit al and be biDdinc upon the bein, penonal repreaentatives, 1uc:ceuon and uaips of the partin. Subject to tender or paymait by Buyv, tbe SeUer llball euc:ute and demer a pod and sufficient Warranty Deed to Bu,..., c:oaveyinf the Property. Except u ~ provided in tbia CoDt:nct, the PnlpartJ and IadVlian• abaD be delivered in the c:oaditiaD aiatiq u al tbe date al tbia Cantract, ardbaal7 -and tear excepted. ENTIRE AGREEMENT. Thia Contract c:oaatitutee tbe mtin CDDtract i.tw.. tbe putiee relatiq to the 1Ubjec:t hereof, and &DJ priar &p'Nmllltl partaiDia, tbseto, wblitbar oral or written, have bean merpd and int.crated into tbia Contract. • X H I • I T B . . .. . , • . • • 0 , J - • ... • • ' NOTICE OF ACCEPTANCE: COUNTERPARTS. If accepted. this doc:ument shall become a contract between Seller and Buyer. A copy of this doeument may be encuted by each party, separately, and when each party bu auc:ated a copy thereof, such copi• taken together ahall be deemed to be a full and complete contract betwem the parties. TIMOTHY A. SOULE, TRUSTEE FOR SOULE TRUST PARTNERSHIP Buyer: Timothy A. Soule, Truatee Date of Buyer's aipature: --------- Buyer's Addrw: ----------------Colorado 80_ THE CITY OF ENGLEWOOD Sellar. Tbamu J. BUJ'DII, Ma:,ur Date al Seller'• lripature: ------ Sellar'• Addrw: 3400 South Elm..._ hal wl. 0-.. NllO ATTEST : Loucrilbia A. Ellia, City C1att -2- "~ . ' ' • ' .. • • 0 )- - ,, • • • • <. ATTACHMENT A LEGAL DESCRIPIIIJt A PARCEL OF LAND LOCATED IN THE SW 1/4 OF THE fll 1/4 OF SECTIC* 9. TIJltSHIP 5 SOOTlf. RAt& 68 WEST OF TI£ SIXTH PRINCIPAL MERIDIAN. COONTY OF MAPAHDE. STATE OF COL<JWX> BEING OE PARTICULARLY DESCRIBED AS FOLL<IIS: CCMENCING AT TI£ SOOTlEAST C~ OF A PARCEL OF LAND DESCRIBED IN BOO( 1425. P& 591. OF THE MN'NIE.. COONTY REC<R>S, SAID POINT BEING C* THE Oll£RLY RIGHT OF WAY LINE OF UNI<* AVEtlJE. REC<JmED IN BOO< 127. AT PAGE 407. OF Tl£ AIWAHDE COONTY RECCR>S: TI£NCE Al..00 THE WESTERLY BOUfl>ARY LINE OF SAID PARCEL 0TH 24°40•34• WEST 496.80 FEET.TO THE POINT OF BEGINNING: TI£NCE DEPARTifli SAID BllNlARY LINE SOOTH 11°00·44• WEST 49.87 FEET: THENCE Olff 06°57'56. WEST 10.84 FEET TO A POINT C* TffE OTI£RLY BCUllARY LINE OF SAID PARCEL: TIENCE flRTH 83°02'04. EAST 47.80 FEET TO TffE OTIEAST ~ OF SAID PARCEL: 11£NCE SllJ1lf 24°40•34• EAST 5.89 FEET AL<Ni EASTERLY B(Ul)MY LINE TO TffE POINT OF BEGINNING. SAID PARCEL COOAINING 403 SQUARE FEET C~ 0.009 ACRES). OE~ LESS . CITY OF ENGLBIXD UNI<* P\11' STATIC* RMC .D fl>. 2882.007 .00 OCTCIIER 28. 1997 lltf st£ET 1 OF 2 .. • • 0 l -• S 24"40'34" 5.89' -----z ~(JI .....,~ .o DIN 0 • METAL .o BUILDING ~ rr, ------·· • • to • <. EXHIBIT 1 .9' 1 .5' CJ) '1 ~~ .o ~8 0§ 1.,1 ~- 1/1 . t: :'1 r; ~ 1.9' BOOK POINT OF COMMENCEMENT SOUTHWEST CORNER 1425 BOOK 1425 PAGE 591 PAGE 591 N 06"57'56 ' W 10.84' ~-=-----]( SCALE: 1" = 10' -------------------------...i.t ----' ' .. • • 0 ]- -,un'ION NO. _, SERIES OF 1998 • • • I • cu> A lllllOLU'l'IOM IOR aAPfOllffl I CJI LINDA P. OOBN, AB MJl!IOCIA'l'B MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, punuant to Article IX, Part ll, Section 68, of the Englewood Home Rule Charter, "Council may appoint one or more uaoc:iate judges, who shall Bit at such times and upon such causes u shall be determined by the presiding municipal judge;" and WHEREAS, because Linda Cohn's preeent term upires February 1, 1998; I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 5flGtion 1. Linda F . Cohn, shall be and hereby is reappointed u Asaociate Municipal Judge in and for the City of Englewood, Colorado, for a term commencinc February 1, 1998 and expiring January 31, 2001. ADOPTED AND APPROVED this 19th day of January, 1998. Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Eqlewood, Colorado, batlby certify the above is a true copy of Reaolution No._, Series of 1998 . "' -' . ' . , . • .. • • 0 , -I J- - • • • • (, COUNCILCOMMUN~ATION Date I ........ I Subfect = I •naitof ~ January 19, 1998 .... l UndaF.Cohn Initiated By SbdfSoun:e Municipal Court Tamara Wolfe, Court Administrator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Municipal Court is trying to maintain Council's goal of providing appropriate service levels by requesting that they continue to appoint Associate Judges to serve the City of Englewood. RECOMMENDED ACTION The Presiding Judge would request that the Council reappoint Linda F. Cohn, to another 4 year term as an Associate Judge for the City of Englewood, commencing February 1, 1998 and expiring January 31, 2001 . BACKGROUND, ANALYSIS. AND ALTERNATIVES IDENTIFIED Associate Judges are required in order for the Court to maintain a ful time schedule. They fill in for the presiding Judge when there is an illness, vacation, or conflict of Interest. Judge Cohn has served the City well in past terms. FINANCIAL •PACT There is no additional financial Impact, as Aslociate Judges are budgeted for on an aMual basis. UST OF ATTACHlll!NTS The resolution document is attached . . , •, • • 0 I ]- • • ,. - • I• -' P.M. 1. Call to order. '7,' / ~ 2. Invocation. (l~ 3 . Pledge of Allegiance. ~ 4 . RollCall. ~ 5. Minutes. tJJrd '7--{) --the Ragula, COy Council -of Jm,a,y 5, •-!)~ l~~sitors. (Please limit your presentation to ten minutes .) rer;r Nery, Southwest Program Manager for RTD, will be present to provide an update on~light rail constructlon~~- b . Jody Swa ~~rty at~ Ss,tJth Cl)erokee ~')-Street. p -~ 7 . Non-Scheduled Visitors . (Please limit your presentation to five minutes .) ff 8 . 9 . b . PINN noee : N you have• o, ,,., .. ,...._, ... or •flm11, ...-...., .. ._~lnll•ood MIi~ (712-24CII) al INal 41 hour9 In ...... of .... ..._ .. nNdad. Tllmk,au. ----- • . .. .. • • 0 f -I -• • • Englewood City Council Agenda January 19, 1998 Pege2 10. Consent Agenda . proval of Ordinances on First Reading. i. Council Bill No. 3, approving a land exchange with Soule Trust at Union /'J.~)-D.rf"J!?:f'eservoir. ~ c. -Ji~~~ns and Motions. fJ 0 i. Recommendation from Municipal Court to adopt a resolution reappointing I ~ r• J Linda F. Cohn as Associate Judge . STAFF ~URCE: Tamara Wolfe, Court -rJffli?AIJ'(Jnlstrator. ~ 11 . Regular Agenda. a. b . c . App~of Ordinances on First Reading. Appb"" of Ordinances on Second Reading. Rey and Motions. 12. General Discussion . 13. 14. a. Mayor's Choice. b. Council Members' Choice. City Manager's Report . a. Proposed agreement with Deepwater Point regarding redevelopment. (lnfonnation on this item will be delivered Friday, January 16 , 1998.) City A.ttomey's Report .~ • Adjournment. PleMe nal9: • ,au1ww • dP1111a, end need Mldlery aide or wwta11, ....... ..., .. Cllyof ln ... wood (712-240I) al leMt 41 houn In..._ of .... W'vloN .. ......_ 111a* ,-. . , • • 0 l I )- • • • (. ~lewood City Council Agenda January 19, 1991 Page3 The following minutes were transmitted to City Council between 12/12/97-1/15/98: • Englewood Board of Adjustment and Appeals meeting of November 12, 1997 • Englewood Clean, Green and Proud Commission meeting of November 18, 1997 • Englewood Cultural Arts Commission meeting of October 1, 1997 • Englewood Cultural Arts Commission meeting of November 5, 1997 • Englewood Housing Authority meeting of September 24, 1997 • Englewood Housing Authority meeting of November 5, 1997 • Englewood Liquor Licensing Authority Telephone Poll of November 17, 1997 • Englewood Liquor Licensing Authority Telephone Poll of December 3, 1997 • Englewood Liquor Licensing Authority Telephone Poll of December 17, 1997 • Englewood Parks and Recreation Commission meeting of October 9, 1997 • Englewood Parks and Recreation Commission meeting of November 13, 1997 • Englewood Planning and Zoning Commission meeting of December 2, 1997 • Englewood Planning and Zoning Commission meeting of December 16, 1997 • Englewood Public Library Board meeting of October 14, 1997 • Englewood Public Library Board Special Study Session of November 6, 1997 • Englewood Public Library Board meeting of November 11, 1997 • Englewood Public Library Board meeting of December 9, 1997 .......... : l,au haw a :a1111ai,...a ... .....,.._ •• llla11, ,.._.nalfr .. CllJol 11 .... •ood (791-Mll)al .......... 1n ...... o1 .................... ,.....,..... . . • • 0 • • " -• -•. 0 I• • ' 9 ---~ ,~-~ -- . -(!J:._ l/s/7z..-6". I.. • - ~ ~ • I • • ' ,,, -• . . • . 0 I • • • . ' •· • 0 ---- ' • • ' f • 1-- 0 - • • •· • 0 ' -' • - 0 • ' • • I • , . . . I· , • 0 • . - • 0 I • • • . . . I· , • 0 - • • • • ' 0 ; . • ------- ---- t/913-~w.=· 1J /£:,12~~-- ---~-- . . . . -~ . . ' • - 0 - " . . • • I. . • •••• f • 1- 0 I • • • • ' ,. - .. ' . . •· ' • C 1- • • ,,, -• 0 -' . ' (j)~ ~Ji-.~ _ __L_')f:_,:; ~ 3Wk ~~ ' . .--------·- ' • . ' ... Ii I i I ;, (i . ' . . , I. . f • . . -•. 0 I• • • • I. . ' ,,, -• 0 • • • I • • 0 ' f 0 - 1., ----- -- . . . ----_ ~~~ ~--- • I· • ' • - 0 - • • I· • C f • ' ' • . 0 • --- ----- I· • f ]- - ____ ;! • • I• • '· • February 2, 1998 Regular City council Meeting Public Hearing on amending code pertaining to fences, walls & visual barriers ,. ~ . . ' ' • 0 I