HomeMy WebLinkAbout2009-02-02 (Regular) Meeting Minutes1. Call to Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOD , ARAPAHOE COUNTY, COLORADO
Regular Session
February 2, 2009
The regu lar meeting of the Englewood City Council was called to order by Mayor Woodward at 7 :57 p.m.
2. Invocation
The invocation was given by Council Member Mccaslin.
3. Pledge of Allegiance
The Pledge of Alleg iance was led by Cou ncil Member Mccaslin .
4. Roll Call
Presen t
Absent:
A quorum was present.
• Also present:
Council Members Jefferson , Moore , Penn , Oakley , Mccasl in, Wilson ,
Woodward
None
City Manager Sears
City Attorney Brotzman
Deputy City Manager Flaherty
City Clerk Ellis
Deputy City Clerk Bush
Director Fonda, Utilities
Director Wh ite , Community Devel opme nt
Senior Planner Langon , Community Development
Pol ice Commander Condreay
Pretreatment Divi sion Adm inistrato r Arnold , Wastewater Treatment Plant
5, Consideration of Minutes of Previous Session
(a ) COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER McCA~lLIN SECONDED ,
TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUAl~Y 20 , 2009.
Mayor V\loodward asked if there were any corrections or modifications . There were none .
Vote reoults :
Aye s: Council Members Penn , Mccasli n, Moore , Woodward , Jefferson.
Wilson . Oakley
Nays : None
Moti on carried .
6. Recognition of Scheduled Public Comment
•
(a) Mayor Woodward sa id Aid to Other Agencie s recip ient Anne Robinson of Court House Bea co n
Center is prese nt to accept the City 's financial co ntribut ion for 20 09. She did not sh ow.
(b) Dot Ha ckett . a Littleton res iden t. said good even ing , and tha nk you for the opportun ity
Englewood City Council
February 2, 2009
Page 2
of ta lk ing to you tonight. I currently live in Littleton , formerly of Englewood . I own property in Denver by DU . I
was the first secretary for the President of the Aurar ia Campus . I had a seasonal job witt, the State of Colorado
in the Senate . I was formerly the executive secretary for the Finance Departmen t of Arapahoe County . I am
here tonight to ask for you to th ink about it seriously , the property on West Lehew, going west , adjacent to the
Burt Chevrolet auto detail and the animal clinic . I am concerned with the debris and the physical hazards that
are involved with the land be ing slanted and the trees tha t look overgrown and consume soil that goes on the
sidewalk . Soon , that is going to be a very , very visible place, not only because of the Cornerstone July 4'" event
but also because of the Lehew Trail that is going to lead from that area to South Broadwa y. Now , for selfish
reasons , I would like to adopt that area because in the summer time I walk uphill , downh ill on that slant. So , it
would be no problem if we could fig ure out where we would put the debris that I wo uld pick up . Would it be
feasible to put some barrels on the fence that is beh in d Kmart , or what do you think? Now there are mitigating
factors ... money , staff and time . I thank you for the opportun ity .
Mayor Woodward and various counc il membe rs said thank you .
Mayor Woodward said typically durin g scheduled publ ic comment or unscheduled pub lic comment , if there is
remarks by Council , the y will be done under Council Me mber's Choice at the end of the meeting .
(c) Bill Harrell , owner of Pioneer Metal Finish ing In Englewood , said I want to thank the Mayor and
the City Council for letting me speak to you ton ight. I am here to provide feedback on the impact that the
proposed changes , on the local lim it s that Littleton /E nglewood Wastewater Treatment facility is as ki ng you all
about ton ight , will have on local bus inesses ... specifically Bill 5 and mo re specifically in your Council
Communicatio n that you received on page 45, Section 2, Item B. Why am I here tonight? Pioneer Metal
Finis hing is an industrial finishing company . We specifically specialize in putting industrial coatings on high-end
med ical , aeronaut ical and stnuctural arch itectural metals , ma inl y aluminum or steel, but we concentrate ma inly in
the aluminum area . The proposed changes and the limits that Englewood Wastewater Treatment fac ility is
looking at doing will have a considerable impact on the business that I do . We are governed by specific military
specs and arch itectural specs in order to get certified to apply specific type of coatings on those product lines .
Custo, ·ers that we do business for, that reside and do bus in ess in the City of Englewood , are compan ies like
Stra ight Fl ight Convers io ns , Sierra Nevada Corporat ion , E-Max Ins truments, Air Methods and they provide a lot
of products to companies like Lockheed and Boe ing so we are very guided by specific cert ifica tion processes
that we have to fulfill in order to put those coa tings on their products for them . If you would like , I can provide
you with a lis t of customers that we do business with in Englewood and in the other co mmun ities su rrounding
this area . Specifically , those coatings req ~111o us to do what is called a chromate conversion coat , which is a
pret reatmen t process that is done on alurr.:s vm that allows paint to adhere mo re readily and also provides
corros ion protection on those parts . The m i•• standard is no BTL5541 and If need be , I can provide copies
for you on that also . There is also an arch r ect ural standard that tias to be fulfilled , too, in order to do the
structural coatings for a product called Kynar , which is done on a lot of extrus ion type metals on the exterior of
buildings that require 15 year warranties to be provided to them . I want to acknowledge that folks at Littleton
Wastewater, especially Pam and her team , they have kept me appr ise d of everything that they were doing since
ihey began th is process . Bu t I am still a little bit confused as to the need of why they needed to change these
limits ~nd why so drastically in spec ific areas . I understand that they had an audit and I understand that there
were spec ific recommendations inat were made and requirements made up then . I will quote the letter that she
wrote to me , "that the y need to evaluate and upda te the local limits as part of that aud it requ irement". But as I
look at what they are proposing doing , what you are not see ing in the packet of info rmation that you are getting
Is, whe re the limits are today versus wh ere they want to ta ke them tomorrow. For exa mple , my permit. that I
have had since 2002 , and the previous bus iness owne r prior to me had it for 7 years . Before th at , most of these
limits have not ch anged during that period of time . I understand that through government regulations , you have
to look at the future and see where you need to take it and begin to start moving toward where you want to be
over a period of time but so me of the changes that they are recommend ing are go in g to take limits and
drastically reduce them to the point where , if these get put In pla ce , it may cause me to have to close my
bus iness down because I won 't be able to do business in the City of Englewood any long er because of those
changes : specifically in the hexavalent chrome area . My current pemn it allows for daily 3.4 milli grams rer !iter
and they are proposing the top at down to .86 . That is a 75 % drop . The last permit that I was issued was in
October of 2008 . So, in a very short period of time , they want me to try to conform lo these new limits . I ha ve a
lol of processes in place in my sh op. Very rarely do we push over the limits that they are ask ing to go to but I
•
•
•
•
Englewood City Council
February 2, 2009
Page 3
ha ve pea ked upward into th e 3 perce nta3e poin t or tha t 3.4 pe rc entage po ints on sev era l occas ions whic h
would be a vi olat ion of my permit , wh ic, pot ent ially would allow the m to take ii away from me . I don 't real ly
understand why they need to chan ge things so drast ically over a per iod of lime , or why they cannot loo k at
doing a two-tiered process like some of the othe r government agen ci es have . I have air pollution permit s and I
am considered a small contributor with in the City of Englewood . My contri but ion , specifically in Chrome 6, is
less than one-tenth of one perc ent of what the ir dall y allowances are into the Platte River. There has got to be
considerabl y larger people than me that ar& going to be impacted and when I asked them who those individuals
were , I was told that really , I was the only one that would be impacted by that specific change in this regulat ion ,
wh ich made me even more confused . Because then I asked them , I sa id, so why specifically do we need to
change these things? What is ii that 's causing you to , besides the audit recommendation ? You have had no
violations of the EPA . You have not bumped up against any of their lim its . Why do we need to move so
dramatically , so qu ickly , in a short period of lime ? Can 't we do this over a longer period of time ? Can 't you put
a two-tiered approach in , one for large contr ibutors and one fo r small , instead of a one-s ize-fits-a ll penm it? That
would include , you know , hosp itals that put tremendous amounts of water into the facility . To give you an
example , I mean , my contribution is that I do about 1200 to 1400 gal lons twice a week and ii is my
understanding that wha t they are putting in is in the mill ions of ga ll ons a day . So , you know , no matter what ,
whatever I put in there is going to be miniscule and not really affect any of their penmit requ irements that they
have . I don 't personally believe you could measure what I am putting in on a daily basis if you pu t a monitor on
them . They wouldn 't even know that I dumped in to the ir thing because what I am contributing is so small . I
guess , in conclusion , I am still not really convinced of the need to go as far as what they are aski ng to go . I
don 't understand why they can 't do a two-tiered approach . And , I would as k you guys to cnnsider to look at
some alternatives to wha t they are proposing so that. you don 't end up los ing manufacturing compan ies that are
residing in the City of Englewood . Thank you.
Mayor Woodward and various Council members said thank you .
• 7. Recognition of Unscheduled Public Comment
There were no unscheduled vis itors .
8. Communication ~. Proclamations and Appolnt.,..enta
COUNCIL MEMBER MOORE MOVED, AND COUNCIL ,<!EMBER PENN SECONDED, TO APPROVE
AGENDA ITEMS 8 (a) THROUGH 8 (z) RESOLUTION NOS . 4 THROUGH 29, SERIES OF 2009 .
(a ) RESOLUTION NO . 4, SERIES OF 2009
A RESOLUTION FOR REAPPOINTMENT OF LINDA F. COHN , AS ASSOCIATE MUNICIP AL JUDGE FOR
THE CITY OF ENGLEWOOD , COLORADO .
(b) RESOLUTION NO . 5, SERIES OF 20 09
A RESOLUTI ON FOR REAPPOINTMENT OF JOHN W. SMITH Ill , AS ASSOCIATE MUNICIPAL JUDGE FOR
THE CITY OF ENGLEWOOD , COLORADO .
(c) RESOLUTION NO . 6, SERIES OF 2cry9
A RESOLUTION FOR REAPPOINTMENT OF DAVID A. SPRECACE, AS ASSOCIATE MUNICIPAL JUDGE
FOR THE CITY OF ENGLEWOOD , COLORADO .
(d) RESOLUTION NO . 7, SERIES OF 20 09
•
A RESO LUTION REAPPOINTING BRIAN BLEILE TO THE PLANNING AND ZONING COMMISSION FOR THE
CITY OF ENG LEWOOD , COLORADO .
(e) RES C'LUTION NO . 8, SERIES OF 2009
Englewood City Council
February 2, 2009
Page 4
A RESOLUTION AP POINTING MICHAEL BUCHANAN TO THE ENGLEWOOD URBAN RENEWAL
AUTHORITY .
(I) RESOLUTION NO . 9, SERIES OF 2009
A RESOLUTION REAPPOINTING SUNSHINE CROSS TO THE KEEP ENGLEWOOD BE AUTI FUL
COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO .
(g) RESOLUTION NO . 10, SERIES OF 2009
A RESOLUTION REAPPOINTING OPAL DOANE TO THE MALLEY CENTER TRU ST FUMD FOR THE CITY
OF ENGLEWOOD, COLORADO .
(h) RESOL . TION NO . 11 , SERIES OF 2009
A RESOLUTION APPOINTING JENNIFER ENGER TO THE CULTURAL ARTS COMMISSION FOR THE CITY
OF ENGLEWOOD , COLORADO .
(i) Rf.SOL IJ TION NO . 12 , SERIES OF 2009
A RESOLUTION APPOINTING JEANNETTE ESPINOZA TO THE ALLIANCE FOR COMMERCE IN
ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD , COLORADO .
0) RESOLUTION NO . 13 , SERIES OF 2009
A RESOLUTION REAPPOINTING JIM GIBSON TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION
FOR THE CITY OF ENGLEWOOD , COLORADO .
(k) RESOLUTION NO , 14 , SERIES OF 2009
A RESOLUTION APPOINTING CAL GRANT TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE
CITY OF ENGLEWOOD , COLORADO .
(I) RESOLUTION NO . 15, SERIES OF 2009
A RESOLUTION REAPPOINTING CARSON GREEN TO THE BOARD OF ADJUSTMENT AND APPEALS
FOR THE CITY OF ENGLEWOOD , COLORADO .
(m ) RESOLUTION NO . 16 , SERIES OF 2009
A RE SO LUTION APPOINTING TEALEE HINGER AS AN ALTERNATE MEMBER TO THE CODE
ENFORCEMENT ADVISORY COMM ITTEE FOR THE CITY OF ENGLEWOOD .
(n) RESOLUTION NO . 17 , SERIES OF 2009
A RESOLUTION APPOINTING AMY JIRON AS AN ALTERNATE MEMBER TO THE URBAN RENEWAL
AUTHORITY FOR THE CITY OF ENGLEWOOD .
(o) RESOLUTION NO . 18, SERIES OF 2009
A RESOLUTION REAPPOINTING JEN,,,FER JONES TO THE KEEP ENGLEWOOD BEAUTIFUL
COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO .
(p) RESOLUTION NO . 19, SERIES OF 2009
•
•
•
Englewood City Council
February 2, 2009
Page 5
• A RESOLUTION APPOINTING DARYL KINTON AS AN ALTERNATE MEMBER TO THE PLANNING AND
ZONING COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO .
(q ) RESOLUTION NO . 20 , SERIES OF 2009
A RESOLUTION REAPPOINTING CYNDI KRIEGER TO THE PLANNING AND ZONING COMMISSION FOR
THE CITY OF ENGLEWOOD, COLORADO .
(r) RESOLUTION NO . 21 , SERIES OF 2009
A RESOLUTION REAPPOINTING JO LAY TO THE ELECTION COMMISSION FOR THE CITY OF
ENGLEWOOD , COLORADO .
(s ) RESOLUTION NO . 22 , SERIES OF 2009
A RESOLUTION APPOINTING JORDAN MAY AS AN ALTERNATE MEMBER TO THE BOARD OF
ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD .
(t) RESOLUTION NO . 23 , SERIES OF 2009
A RESOLUTION APPOINTING DIANNA MIGUEZ TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR
THE CITY OF ENGLEWOOD , COLORADO .
(u) RESOLUTION NO . 24 , SERIES OF 2009
•
A RESOLUTION REAPPOINTING GARY NORDLANDER TO THE KEEP ENGLEWOOD BEAUTIF L, .
COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO .
(v) RESOLUTION NO . 25 , ~ :.r~iES OF 2009
A RESOLUTION REAPPOINTING KAREN PILGRIM TO THE Pue· re LIBRARY BOARD FOR THE CITY OF
ENGLEWOOD , COLORADO .
(w) RESOLUTION NO . 26 , SERIES OF 2009
A RESOLUTION APPOINTING MILA PILZ TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE
CITY OF ENGLEWOOD , COLORADO .
(x) RESOLUTION NO . 27, SER IES OF 2009
A RESOLUTION APPOINTING JIMMY PINZENSCHAM TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION
FOR THE CITY OF ENGLEWOOD , COLORADO .
(y) RESOLUTION NO . 28 , SERIES OF 2009
A RESOLUTION REAPPOINTING YVONNE RUSSELL T'.l THE PUBLIC LIBRARY BOARD FOR THE CITY
OF ENGLEWOOD , COLORADO .
(z ) RESOLUTION NO . 29 , SERIES OF 2009
A RESOLUTION REAPPOINTING TOM WINTHROP TO THE KEEP ENGLEWOOD BEAUTIFUL
COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO .
• Mayor Woodward asked if there was any discussion or comments .
Englewood City Council
February 2, 2009
Page 6
Mayor Woodward said these are appoi ntments lo Boa rds and Comm iss io ns of citizens and also appo int ments to
the associate judg e pos itions ... three appo intm ents th ere . Th is is demo cra cy and represen tati ve gove rn me nt
wo rki ng with its citizens .
Vote results :
Motion ca rri ed .
Ayes : Coun cil Members Penn , Mccas li n, Moore , Woodward , Jefferson ,
Wil son , Oa kley
Nays : None
Mayor Pro Tern Moore announced th e appo intments and reappo intme nts and Mayor Woodwa rd presen ted
certifi cates and City pins to all the ap pointees in attendance.
Mayor Pro Tern Moore sa id with that. I would like everyone to give all of our new appo intments and
reappoin tments a round of applause fo r the ir serv ices . There was applause .
9. Consent Agenda
(a) Approval of Ordinances on Flnit Reading
There were no addit ional items subm itted for approval on firs t reading . (See Agend a Item 11.)
COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER McCASLIN SECONDED , TO APPROVE
CONSENT AGENDA ITEMS 9 (b) (I), (Ill and 9 (cl (II ,
(b) Approval of Ordinances on Second Reading
(i ; ORDINANCE NO . 1, SERIES OF 2009 (COUNCIL BILL NO . 3, INTRODUCED BY
COUNCIL MEMBER MOORE )
AN ORDINANCE APPROVING SUPPLEMENT NO . 165 TO THE SOUTHGATE SANITATION DISTRICT
CONNECTOR 'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE fJISTRICT BOUNDARIES .
(ii) ORDINANCE NO . 2, SERIES OF 2009 (COUNCIL BILL NO . 4, INTRODUCED BY
COUNCIL MEMBER PENN)
AN ORDINANCE AUTHORIZINC? "CONTRACT AMENDMENT# 2" TO AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATl<;)N (COOT) AND THE CITY
OF ENGLEWOOD , COLORADO , THAT PERTAINS TO CONSTRU CTION OF A BRIDGE OVER THE PLATTE
RIVER AT DARTMOUTH AVENUE .
(c ) Resolutions and Motions
(i) MOTION TO APPROV!: THE PURCHASE OF WATER METERS AND YOKES FROM
NATIONAL METER AND AUTOMATION, INC . IN CONJUNCTION WIT H THE DENVER WATER BOARD TO
EN SURE COST SAVINGS .
Vote results :
Ayes :
Na ys :
Mo ti on carrie d.
10. Public Hearing Items
Council Members Penn , Mccaslin, Moo re , Woodward , Jefferson ,
Wilson , Oa kley
None
No publ ic hea ri ng wa s schedu le d befo re Coun cil.
•
•
•
•
Englewood City Council
February 2, 2009
Page 7
11 . Ordinances, Resolution and Motions
(a) Approval of Ordinances on First Reading
(i) Senior Planner Langon presented a recommendation from the Commun ity
Development Department to adopt a bill for an ordinance authorizing amendments to Tille 16: Un il:ed
Development Code perta ining to Massage Therapy , She said good evening Council . For your consideration is
Council Bill No . 2, UDC amendments related to lhe definition of Massage Therapy and references to City
licens ing of massage therapists . Community Development requests that you approve the proposed
amendments on first reading and set a Public Hearing for the amendments for th~ February 17 , 2009 meeting .
Th is is the background . As you recall , from recent changes in Title 5, the business licensing regulations, the
State leg islation was passed requ iring that ail massage therapists be registered by the State . That legislat ion
also prohibited licensing by cities so through that action , you repealed the City's massage therapy licensing
requirements that were in Title 5. In the zoning ordinance, Tille '6 referenced ntle 5, so those references also
had to be removed and that is what the purpose of this amendment is . The proposed amendmP.11ts are
amendments to the Defin ition and Terminology in Section 11 (2) and corresponding amendmf,nts to the Us• ,r,
Section 11 (1) and (5 .1) in ntle 16. These amendments do not affect where massage therapy is allowed , . <hey
don 't affect anything to do with Adult Use . It is merely defin ition and terminology changes and amendm • .,cs to
correspond with the licensing requirements . I would be happy to answer any questions . Otherwise , v , would
ask that you set a Public Hearing for February 17".
Council Member Mccaslin said wh ich part of the State of Colorado enacts or enforces these ord l· ,ances for us?
As far as massage ... as far as checking and making sure the licenses are up to dale and their .. tis. Langon sa id
are you asking for the ci1ation? Mr . Mccaslin said no, I mean , yeah go ahead and read that. ti, said oh , you
•
don't have it , I'm sorry . Ms . Langon said I don 't ha ve it with me but I could pull it out of my f>'.e 1hough. Mr.
Mccaslin said no .
Mayor Woodward said the regulatory agency . Ms . Langon said the Department of Rever.•,e regulates them .
Mr. Mccaslin said okay , thank you .
Mi:,r.or Woodward sa id is there a motion to approve on first reading and setting a Public Hearing for February
17 ?
COUNCIL MEMBER WILSON MOVED, AP!~ COUNCIL MEMBER JEFFERSON SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO . 2 AND SET A PUBLIC HEARING FOR FEBRUARY 17".
COUNCIL BILL NO . 2, INTRODUCED BY COUNCIL MEMBER WILSON
A BILL FOR I\N ORDINANCE AMENDING TITLE 16, CHAPTERS 5 AND 11 , OF THE ENGLEWOOD
MUNICIPAL com: PERTAINING TO MASSAGE PARLOR AND MASSAGE THERAP Y.
Mayor Woodward as ked if there was any further discussion . There was none .
Vote results:
Mot ion carr ied .
Ayes : Council Members Penn , Mccaslin, Moore , Woodward , Jefferson ,
Wilson , Oakley
Nays : None
(i i) Director Fonda , and Administrator Arnold present ed a recommendation from the
Littleto,JEnglewood Wastewatsr TreatmPnt Plant staff to adop , a bill for an ordinance amending the Wastewater
•
Utility ord inance of the Englewood Municipal Code . Director Fonda said your honor , we went nver this in some
deta il in a previous Study Sess ion . Pam is here and Kurt McCorm ick , our consultant , to answer any further
questions you have or to also , at th is po int , address some of the issues that Mr. Hairell had presented . So we
wou ld do that and then answer your quest ions .
Englewood City Council
February 2, 2009
Page 8
Administrator Arno ld said good evening . I can ans wer questions ... I am not su re if you want me to ~1' to 1\ddrc.ss
some of th e issues that were raised or just answer questions .
Co uncil Member Jefferson said I thi nk we are all interested in hearing some response to Mr. Harre ll 's co ,~,.~rn3 .
Mayo r Woodward said ye s, absolutely . If you would like to review first just what the ordinance is and then the
recommendation .
Adm inistrator Arnold sa id the ordinance is the result of an EPA audit and I'm going to just sort of cut to the
chase so if there are some additional quest ions , please ask me . But the iss ue that Mr. 11arrell finds is the local
lim its revision . We were given an audit find ing beca .ise it had been more than ten years since we had redone
our lcca l limits . so they were old . A lot has happened in the last ten vears and rece iving stream waler cril eri a
has been lowered , of course . as has many other criteria . We have a number of local limits . Only half oft ,em
were reduced . The other half stayed the same a:,d som e of them were reduced significantly . Hexa valen ,
chromium , as you know , is a mutagen and a carci,ogen , a part icularly ugly pollutant and on e that has a ,at
greater scrut iny than others . I will say , as Mr . Harrell pointed out , that he is the only one affected by this and
tha t is true because he is the only one in our service area that doesn 't have treatment. Every othe r Chrome 6
generator has treatment already . So , he is one cf the last stan6 ing er ,aming entiti es that did n't have any
treatment whatsoever. So that is why he is being caught up finally in th is new change . He po inted out that
there are particular criteria for th is part icular specifications for the chrome work that he does which is , of course ,
true for his product but I would like to po int out that he does work for Lockheed Martin and for the military .
Those entities have the exact same wastewater discharge requirements that we're imposing on him . And in
fact , one of my pe rmilees who has chrome treatment is Lockheed Martin. So , it is not an unusual request. Is
there anyth ing else t can address ?
Counc il Member Wil sJn said can you tell me how much time ... what the lime li mit that they have to be in
compliance? Ms . Arr.old sa id we would enter into a compliance agreement with him and work out whate ver
length of time made nense for him to institute it , to actually get treatment in . Ms . Wilson said and what is that
usually ? Ms . Arnold said nine months is the ma xi mu m. Ms . Wilson sa id okay .
Council Member Penn sa id talk about the two tier regulations that he was talking about. Give us some
informat ion on tha t. Ms . Arnold sa id we don 't have a two tiered ability in wastewater treatme nt regulat ions .
Those tie red requ ire ments do exist in clean air acts but not In cool water acts .
Counc il Member Oak ley sa id you mentioned there were several others that had pu t in pretreatment , is that what
you said ... several or some? Ms . Arnold sa id everyone we have perm itted in our se rvice area have chrome
treatment except for Mr . Harrell . Mr. Oakley said did you ever figure ... Ms. Arnold sa id we have two others
chrome ... two others , yes , who produ ce he xavale nt chromium . No w ot he r people have me ,al treatment but
speci fically for hexavalent ch ro mium , we have two oth er perm itted fa cilities .
Co uncil Member Oakley said would th at take a significant inve stment ? Ms . Arnold said it can cert ainly vary . He
has a fa irly small o~ ration so. you know , I don 't really know what it would cost, do you? [Clerk 's note : Ms .
Arnold asked Mr. McCormick who was sitting in the aud ience . He came up to the microphone .]
Mr. McC orm ick sa id no . around the Front Range , I think I have inspected probably twenty chrome platters that
were in compli anc e with the act. I tt ,i nk he is probably one 01 the smaller operat ions and what he woul d have to
do is put in wh at is called 'chrom ium reduction ' to tak e it is a less toxic form . The cost . you know, I mean it is
not like cost of some other treatment system . but there is a cost involved . Okay . Tue federal regulat ions th .I
regulate hexavalent chrome or chrom iu m went into effect in the mid &O 's to req uire treatment , so cost has gone
up since then but I think he might have. hopefu lly , already priced ii out... the treatment cost . Tl1ere really aren 't
•
•
too man y oth er chrom e platters . I don 't kno w of any left operating alon g the Front Range that have no chrome •
treatment wha tsoever in place .
Mayo r Wood ward asked if the re we re any other questions .
Englewood City Council
February 2, 2009
Page 9
• Council Member Moore sa id ,·,a t last piece of information would have been very helpful because Mr . Harrell
suggested this i th e di fference between staying in bus ine ss and nol It is , so whethe r this treatment is a
thousand dollars or a million dollars , seems like it is a significant answer in terms of hardship . I am curiou s, is
there an y one sugg Pf.••?n , I be lieve he made , is that wh ile he mig ht push these limits at times , he is a ve,y small
contributor overall Ca,, ~0u react to whether or not size should matter in this type of analys ls?
Ms . Arnold said the reason he hasn 't had lo pul in lrealment so far is because he Is a small contributor . And
time marches on , technolog y marches on and eventually , and it has been qu ite a long time for him. and you gel
caugh t up and you have lo upgrade . We all have to pa int our houses eventually . He is simpl y the last standin g
Indian . I'm sorry to say that and I really don 't like to be pu t In this pos ilion eith er but he is the la st rema ining
hexavalent chrom ium generalor that I kn ow of that duesn 't have any treatment at all. .. and It is because he is
small . So that saved him al l these years but he is f:oallv ,go in g to be caught up into the marching technology
tha t we all are faced with .
Mr. McCormick said I do want to kind of po int ,;; 1iia1 ,·0 :,a we are tal ki ng about hex chrome , the total chrome
lirn it that is to be adopted is 2.9 mill igrams p&. ,:•a r ,·s,-sus the hexavale nt chromium limit of .86 . So the typical
tnatmenl is to take the hexavalent chrome and e,ake It less toxic , okay , so that you can meet the higher i:mi t fo r
101.-1 chromium . The he x chrome has the same toxicity as chlorine, which is used to kill th ings : it's a disi nfeclan l
So , ,:•e arr 1,:lking about two different th ings here . So the Iota ' chrome number he'll have to meet isn 't very low
al all . II is a rela tivel y non-toxic form that is called triva lent chrome . It's a non-to xic form of chrome . i mean it is
just importa nt to keep it in perspective that what we are talking about is a certain ty pe of chromium . We are not
talk ing about all the chromiums .
Council Member Moore said I have another question . Chrom ium 5 or whatever it was called . Hexavalent
chrom ium . It was the particuli that was discussed ton ighl Is that just representative of a number of problems
•
that migh t be related to th is ord inance or was this really probably , be one point of objection that we would expect
implementing this policy? Ms . Arnold said this was a single point of object ion . We evaluated all of our
permitees with respect to all of the poll u ants and the proposed changes at the very beg inn ing to make su re we
were doing the very ',est job we could and try to identify any issues that might arise as early as possible . So
this is abso lute ly the onl y issue . Mr. Moore said thank you .
(Someone from the aud ience was speaking , but it is not aud ible). Ms . Amold said no , not really. (Again ,
someone from the aud ie nce was speak ing, bu t it is not aud ible ). Ms . Arnold sa id the numbers that you come up
with are mathematically derived and they are based on data that is gathered from many , man y sources . So we
do a number of mat hematical spreadsheets and you are required to move through this proce ss by EPA
regulations . They prescribe how you actually obta in the numbers mathematically . And you look at th ings like a
receivi ng stream quality requ irements . You look at your plant and all the data that you have gathered within
your own plant and all the data we gathered from all the rermitees and we take general samples from the
comme rdal areas , the industrial areas an d the ousehold areas . So "" collect data constantly , analytical da•a ,
so we have many years worth of data that Is plu,ged through thes ·. mathematica l spreadsheets to come up with
a fi nal limit So , we are ki nd of stuc k with the numbers .
Council Mem ber Mccaslin said if he were to move an yw he re else ... let 's sa y he move s out of
Englewood/Littleton , woulrl he be required to meet the sa me stand ards ? Ms . Arnold sa id yes , he would .
Council Member Mccaslin said okay . Ms . Amold sa id that is a very good question . I actuall y did a Chrome 6
study , Re1 :on 8, EPA Reg io n 8, wh ich covers six states in ou r western Un ited St ates . I have a list of abou t 20
pretreatme nt programs and I look ed at everybody else 's Chrome 6 numbers . Our new proposed Chrome 6 is
about two-thirds of the way down the list. So , there are two -th i-:ls of the people who have a more strict number
than we do . And the reason they have a more strict number is because the ir receiving streams have no highe r
qual ity criteria . Sounds simple .
Council Member Oa kley said ok ay. You say he is a relatively s .all comp an y. Would the pretmatment that he
•
would have to install be ju st as big as a big company? In other wo rd s, is there a step on what would coun t to do
th e pretreatment ? Ms . Arnold sa id he xaval ent ch rom ium treatme nt is pre tty sta ndard . It has been aro und for
man y, many years . It is otten a chemical pre cipitation . He has a batch precess an d I don 't kn ow what he might
have looked at : he ha s n,ore than one option , but ge nerally speak ing , yea hol d the wastewater in your tank and
Englewood City Council
Fehrt.:•ry 21 2009
Pag o 10
you add a chemical and yo L r.11, ,1 1•p and let it prec ipitate of the solids out and you cclle ct the solids at the
bottom and you dispose c,f tho se as t ,azardous waste and you can decant or send me the clear water. That is a
rea l simplified treatment p,or.ess , ver y simplified I'm sure . I really don 't know how much it might cost.
Council Member Oakley s.·c ,•~u arP talk in g a hold ing tank ? Ms . Arnold said it Is a wastewater proce ss and it is
a wastewater tre atment tans .. 1r ODkley said how many gallons are we talk ing about ? Ms . Arnold said I don 't
know how big his are .
Mr. McCorm ick sa id one company ... 1'11 just give you an example because I have not been in his business . I
don 't want to give you any numbers but there was a Colorado bumper down in Pueblo , Colorado ... chrome
bumpers ... so I can give you kind of an analysis of what their cost would have been because we rated \hem for
some of \he !r operations bu\ they did probably about five times \he amount of wastewater as his oper&tion does
per day ... on a per day basis . And for them to install chromium treatment. had they opted to , would have cost
about $32 ,000.00 to take hexavalent chromium and do the red1 .ctio, ,, the chemical reduction , on it. So that was
a pretty large facility because it is a holding tank and as Pam sa id, it is just a chem ical add ition . So I haven 't
been in his b&tch process , I believe the owner said that he does r;;o batches per week ... about 12-14 hundred
gallons each . And ii is putting a penc il to II. The Metal Finishing Association has. they are the ones who prov ide
techn ical support to bus inesses that do chro r1e plating , anodiz iqg and things that he typically does and that is
one of the major th ings they focus on . This is a man ufactu ri ng association that is providing that technical
assistance on what the treatment technology available today is, the most cost effect ive one . I mean I don 't
know how else to put it but I've testified in a lot of hearings about businesses that have to spend money on
treatment. EPA estimates about 5 percent c• •he net profits are typical investment capital . Investment in the
operat 'nns typically goes to waste treatment. I mean , that is the average . And I don 't know , ii somebody 's
ma rgin~I and they don 't have th<' 5 pe rcent to inves\ and I've seen a lot of cases come up where this is , some
times ~ does happen where they --an 't afford treatment. But in this case , chrome treatment has been around
•
for ... p(,op le working with chrome typically have installed it. I just haven 't inspected that many that neve r had •
treatme,1t in place with hex chrome .
M~y or Woodward asked if there were any other questions . There were ,,one.
COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER McCASLtN SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (II) -COUNCIL BILL NO . 5.
COUNCIL BILL NO . 5, INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORDINANCE AMENDING TITLE 12 , CHAPTER 2, OF THE ENGLEWOOD MUNICIPAL CODE
2000 ENTITLED "WASTEWATER UTILITY ".
Mayor Woodward asked if there was any further discuss io n.
Council Member Oakley said I guess I'm still a little on the fence on th is . I don 't know if more information would
he lp me or no t. There 's the lime factor and whethe r he can comply or not. If everybody else has it... I don 't
know I guess I'd like to look into it a little bit more . That is just my opin ion .
Council Member Wil son said as far as the costs ?
Council Member Jeffers on said exactly how big is that bu rden on Mr. Harrell's business? I agree ii is somewhat
amb iguous but hearing what I heard fro m th ese folks today , we are just do ing it on first read ing here now .
Mr . Oakl ey said that was my next point, so it is on first read ing . I guess before second reading happens ..
Council Membe r Jefferson sa id I will be voting for ii toni,1ht , I guess , generally and then , y,,u know, if Mr . I Jarrell •
would like to pro vi de additional information lo rebut wha' they we re saying , It would be helpful .
Counc il Member Penn sa id I th ink you are right Wayne , , thin k we need to knew some of the co st , what it is
go ing to cost him too .
•
Englewood City Cou ncil
February 2, 2009
Page 11
Co unc il Member Wilson said I th ink we also need to keep in mind what the dangers are .
Council Member Jefferson said right , ce rta inly .
Ma yo r Woodward as ke d if there were any further comm ents . There were no ne .
Vote results :
Mo tion carri ed .
Aye s: Coun cil Members Penn , Mccasl in, Moore , Woodward , Jefferson ,
Wilson , Oa kley
Nays : None
(iii) Direc lur Fonda presented a recommendation from the Util ities Departmen t to adopt a
bill for an ord in ance autho rtzi ng a "Gran l of Temporary Construction Lice nse ," a "Grant of Righ t-of-Way ," and an
"Exch ange of Right-of-Way Agreement" for relocati ng the City Ditch at 3200 South Lincoln Street to allow for the
constru ctio n of a bu il ding . He said we were approached by St. Lou is to allow them to move the pipe tha t runs
across their property to the other side of In~ property and we have worked out all the details , both eng ineering
and lega l. The Water and Sewer Board are recommending approva l of the "Grant of Right-of-Way", an d
'Exchange of Right-of-Way agreemen t", with a qui t claim deed to follow . They will put the pipes in the new
location and then the y will bring it around where the end points are and th.an 1,,-hen it is all in place, they will
make the connection , hopefully before Apr il 1" when the ditch goes in . We~ ill be mon itortn g what they are
do in g, before and afte r. So , ar th is point, I think , we would recommend that we all ow them to proceed with th is.
It allows them to construct the build ing on the property that they wouldn 't have been able to construct otherwise .
•
COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED , TO APPROVE
AGENDA ITEM 11 (a) (Ill) -COUNCIL BILL NO . 6.
COUNCIL BILL NO . 6 , INTRODUCED BY COUNC IL MEMBER PENN
A BILL FOR AN ORDINANCE AU THORIZING A
0
'GRANT OF TEMPORAR Y CONSTRUCTION LICENSE ', A
'GRANT OF RIGHT-OF-WAY' AND AN 'EXCHANGE OF RIGHT-OF-WAY AGREEMENr FOR RELOCATING
THE CITY DITCH AT 3200 SOUTH LINCOLN STREET , ENGLEWOOD , COLOP.ADO IN ORDER TO ALLOW
FOR THE CONSTRUCTION o~ A BUILDING .
Ma yor Woodward asked if there was any disc uss io n. There was none .
Vote results :
Ayes : Counc il Members Penn , Mccas li n, Moore , Woodward , Jefferson ,
Wilson , Oakle y
Na ys : Non e
Mo tlo n carried .
(b) Approval of Ordinances on Second Reading
There were no ad dit iona l ordinances on second read ing . (See Agend a llem 9 -Consent Agenda .)
(c ) Resolutions and Motions
The re were no ad diti onal resolutions or mot ion s submitted for approval. (See Age nda It em 9 -Co nsen t
Agenda .) .12. General Dla cuaalon
(a) Mayor's Choice
Englewood City Council
February 2, 2009
Page 12
(i) Mayor Woodward said I'd like to try to address some of what I bel ieve I heard Ms .
Ha ck ett talk about and that was the new tra il go ing in. That is actually being put in by South Suburban Par ks
Foundation and the City,, Englewood helped them put tha t in . South Suburban Parks and Recreat ion will be
do ing the ma inten ance , the daily ma in tenance and upke ep of that. That land , cross ing Layton and go ing all the
way to Broadwa y I would imagine , I would think , that they would have trash cans . I will just happe n to be talk ing
to the director of the South Suburba n Pa rks and Recreation and I will verify them but I am sure tha t they wou ld
love to have any citizen help that the y can get in taking care of someth ing like that because it's an area that's
pretty interest ing . In fa ct, it was just about a year ago , that I saw two deer down there feed ing . So I appreciate
you coming and brin ging th is up . It is South Suburban Par,s and Recreation and it is be ing bu ilt through the ir
Foundation . So that Is that item .
(ii) Mayor Woodward sa id the second item and the only other item I wanted to mentior was
the Nat ional Leagu e of Cities . I did get an email this week , on Friday that I was appo inted to the Stee ri ng
Comm ittee for the First Tier Citi es so I'll be part icipati ng on that for the next year . Council Member Mccaslin
said congratulat ion s.
(b) Council Members ' Choice
(i) Council Member Penn sa id I'd like to see if I can get approval for my fees to go to th e
Nati onal League of Cities Conference . I think everybody has the information In front of th em .
Council Member Moore sa id Randy , with your co nsen t, can we addre ss all of th ese issues together? Counc il
Member Penn sa id that would be fine . Thank you , John . Mayor Woodward said we have Randy , Council
Member Mccaslin and Council Member Oakley ton ight. Council Member Wilson said and Council Member
Jefferson . Mayo r Woodward said I don 't have Joe's. Counc il Member Jefferson said it was distributed earlier.
•
Mayor Woodward sa id okay . Th is is for attendance to the Natio nal League of Cities cvnierence held in •
Wash ington D.C. in mid -M arch , the 14'" thro ugh 18'" and we had a motion correct? Council Member Moore sa id
not really but since I am not going , I would be happy to make a motic,n. He said I will , as I did last year , really
encourage that Council consider whether or not an every other year approach might still gc us suffic ie nt return
for the investment but I also respect the value you see in attend ing this meeting . So , I will make the motion , but
will j ust plant that seed again .
COUNCIL MEMBER MOORE MOVED , AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE THE
EXPENSES TO ATTEND THE NATIONAL LEAGUE OF CITIES CONFERENCE FOR COUNCIL MEMBERS
OAKLEY, PENN , JEFFERSON AND McCASLIN ,
Council Member Jefferson said I don 't generally comme nt but ycu know , there is some portion of th e
constituency tha t is concerned about th e cost of some of these trips and I init ially shared some of thos e
concerns before going firsthand . After com ing ba ck with som e of the information th at was provided at some of
these co nferen ces and courses that are provided , I did find that there is value , there is return for the investment
for th e citizens of the Cit y, in my op inio n. It does ma ke everybody up here , I th ink . a better legislator. Speak ing
fo r myself , as a first time leg islator, stuff lik e that is inva luable for us and fo r only a couple of thousand dollars , I
think it is very re asonable .
Council Member Pen n sa id I also agree with John . I th ink we need to look at a rotat ional system for our Coun ci l
Members and maybe , for a later Study Se ssion , th at we go ove r it and kind of look at , is there a fair rotation fo r
everyone to get the re . I ag ree wi th Joe that there are so many good things that fOU do le arn over th ere, that
you can bri ng back to the City of Englewood . And that I think it is well worth going but I also thi nk it is worth
look ing at rotation too .
Ma yor Woodward said I would like to comment too that in considering this , there is also th e Colora do Mun icipal
League that even gets right down into Col orado issues and th ings like that and maybe ... l know that last yea r I
was th e only one that went to tha t...actuall y Gary and I and Dan ... and it was really valuable and ieva luable •
hearing wha t other ci ties are do ing wi thin our state regarding issues that we deal with all c' the time .
Spec ifica lly bud get and th ing s like th at. So I woul d encourage that.
Englewood City Council
February 2, 2009
Page 13
• Mayor Woodward sa id If there is n't an y further discuss ion , please vote .
Vote results :
Motion carried .
Ayes : Coun cil Members Penn , Mccaslin Me• ·e. Woodward , Jefferson ,
Wilson . Oakley
Nays : Non e
Mayor Woodward said than k you Rand y for gerJ ng "'·' •h ere an d approach ing and ra ising funds ... Randy and
Jill , for the students on the NLC Confere nr.e ( · ~Jnc1l f'1e mber Pe nn sa id I also need to know how much more
we need to go there . There have been ;orrw :;,:oi f ",r.ts co ming from some of the people in Englewood . I will
continue to go out and work for that , for ou : atu d,,,-:s. f/ayor Woodward said we need to see what we can do
th ere . Thank yo u.
(ii) Council Member Mccaslin said my wife , who is the princ ipal of Bishop Elementary ,
would like to thank Parks and Recreation , Jerrell Black , in regards for help in,; them with cooperation with some
plants and stuff for the ir plan . Again we see government and the school comrn11nity working hand-in-hand and I
do really appreciate it. Than k you very much .
(iii) Counc il Member Oakley:
1. He said unfortunately I have two or three things to talk abcut tonight. Most of it is work in g th rough
DRCOG . I am going to give out some handouts he re and I'm not go in g to expect us to go in!o detail on this .
You can look th is over , after I expla in it, and if you have some concerns . give me a call or give me an email.
What it mostly amounts to is DRCOG is havisg an emergency meeting th is Wedn esday night in regards to the
•
stimulus program and how fast that's com ing down and what's happen ing along those lines . They appear to be
changing the rules in midstream on certain th ings . They are wanting a quorum of the Board to help them alo ng
with thi s and they are going to move forward on some of the ways that money is going to be distributed . The
money that's go ing to be com ing in to DRCOG , which is going to be somewhere In the area of 50 mil li on dollars .
Most of the time , when we are asked to vote on those things , I don 't have time to consult Counc il . There are a
lot mo re learned people at those meetings than I and sometimes when you are sitti ng at a beard meeting with
so me of the more learned minds of the governments around , the cities and count ies ; it's prudent lo listen
instead of tal k. That 's what I do a lot of the times . If there is an y feedb ac k from you guys on this , I would
probably like to hea r about it. So th e first one I'll hand out is a letter that exi !alns why the Board Is going to be
do ing it. Again , I don't expect you to read th is all right now , just diges t it and if you want to get back to me on it.
go ahead and do that. What's going to happe n with th ose is that they are go ing to come back and DRCOG is
us ing a method of service to transportation programs , the TIP program wh ic h is the Transportation Improvement
Program , which we have be en wo rki ng through for years . We talked about that like the Dartmouth Bridge and
some of those other projects were on that. And th at was set up through 2008 to 2013 and that worked as long
as they knew what kind of money was com ing out of Wash ington D.C. on a regular basis an d how that money
was going to be distributed . But now , this whole new pro ce ss has come out , where we 're talk ing 800 and som e
bill ion dollars and certainly not all of that is alloca ted to these kinds of programs , but there is go ing to be large
chunks of money that is goi ng to be comi ng out of the federal government to the states , down to the cit ies and
it's goi ng to be divide d up like 60-40 and all of those kinds of things . It gets very complicated . And tha t's what
we are going to be tal king about at these me etings and I want to make sure that I don 't miss something that we
may be el igible for So I want to make sure that all of the information is handed out and like the agen da for
Wednesday night's meeting , I got it cop ied off today and I forwarded three cop ies to Mike . I me t with Mike and
Dan and Gary earlier today about this . I forwarded that cop y to Mike to distribute to ma ybe Rick or Dave
He nders on , because the y nave bee n working with these programs . It appears to me that they ma y be say ing in
here that since th is is com in g so fas t, that they are going to have to change the ru le s a little bit to deal wit h it or
they are not going to be able to qualify for the mone y. Because wnen yo u ha ve something set up where it ta kes
two or three years for it to normally go through , and they are tell ing you that you hd ve shovel rea •Jy projects , up
•
in 90 days , they may have to ma ke some exceptions . And there may be some room for us to come back with
some of the proposals tha t we had submitted to the Ma yor's, Kath y Novak, for the prospe ct they were doing for
what they called the main st reet projects . We had a lot on that. If we had a chanr.e to reapply maybe through
th is othe r program . we maybe should take a look at that. All I'm saying is whoever can handle th is for me ,
Englewood City Council
February 2, 2009
Page 14
please help me because I'm not sharp enough to keep up with it. That's the <e ason I want you guys to go ancad
and look at some of this stuff too .
2. He sa id the second handout will be on another thing completely. And •hat Is a FASTER bill that
leg isl at ion is being written by a Senator Dan Gibbs and co-sponsored by Repre t,d t~alive Jr.,e Rice , from l
district. This is another tremendous expenditure on transportation within the Sto ~e of Colorad o. It, again , ''""; a
lot of things in it that you know much about, as much as I do , when you read the nvervi•w. Thess things are
happening so fast. Dan c~me and talked to us for an hour at the last DRCOG ana after an hour, it wasn't clear
what was in the bill. The bill is one hundred and seventy-some pages long . You could read the thing and sti ll
not understand what you just read . On top of that, they are already co ming out v.i'" ?n,endments for it. And
then , Nancy McNally , the chair of DRCOG , is asking us to go v.,,. and explain this to our Councils, This little
bird cannot explain it all. So all I r,an do is to give you an over. ,.,, of what they are going to be talking about
and you 're going to know as much as I do. And then when I gel caught up in It down there Wednesday nig ht, I'll
have to vote the best I can unless any of )'OU has any specific things that you really want me to vote against.
What this entails is monies that new ideas '.hat they are coming up with , as far as new tax , new fees , toll roads ,
a whole myriad of things. There is strong opposition to say one thing that came up, was toll roads. People
inherently hate to pay a toll on a road that they paid for twenty years ago and all of a sudden they make it a toll
road . If you are building a new highway or something , and from the beginning It is understood that that's going
to be a toll road , people accept that. They have a hard lime accepting going back and just arbitrarily changing a
road that has been a regular road for years and changing it into a toll road . And as I understand it, they are
even making it so broad that local jurisdictions could decide, if they want, 1-, make something a toll road . That
just blows my mind . I can 't imagine getting down that far. It probably won't but I don't know so I'm going to
hand these out and you guys take a look at it again ,
Mayor Woodward said as a reminder to Council, Representative Rice will be meeting with us next week at our
Stud y Session, along with th~ o ther legislators . Metro Mayors Caucus is dealing with this bill also and had a
meehng last week with the sponsor= and brought up some of the same concerns and that sort of thing . The
additional registration fees , the toll fees through cities, and the C-470 for example, that sort of thing and how
that r.,nney was going to be shared , which is a big point of it. Where it goes . This is a very fluid document.
Council Member Penn sa id I think one ot11er thing . Gary, you set that up about our RMRA and that will also add
to this . Make sure that you look though that because it is a lo ng piece that you might have to look at also .
Council Membe r Oakley said there is also several bills co ,11ing up, at least two that I know of, that ;., a
addressing the same thing that they had last year. about states turning some of the local highways back to the
cities . It was brought up down there that a couple of cities looked into that and what the State was offeri ng for
the cities to take them back was almost laughable. They couldn 't imagir,e why anybody would want to
voluntarily do that. So I'm hoping that the bills will be killed again th is year but again, we'll just have to wait and
see . There's also a bill sponsored by , I'm pretty sure it's a gentleman , Brophy from V, ray , out on the f!astern
part of the state ... I'm pretty sure I know his name , that's trying to stop some of lhe rail justification stu:'f ; the
bypass for the coal trains east of here and stuff. They are trying to stop by any ways , to stop the acquiring the
land . So I don 't know where that's going to go , Randy , either. But ail of these things are coming down the pike
and you just have to stay out of the road because there's nothing th e:· you can do about it. I know I said a lot in a
very few m inutes here guys but that 's it.
(iv) Council Member Wilson said I'd like to put in a Council request for ne xt week , ne xt
Wednesda y, a coyote symposium at Jefferson County . I know that four of our Code Officers are going . I'd like
to have a presentation when they are done with I'. at. If we could put it on a Study Session relatively qu ick ,
because I think that is going to become a big issue; what to do with the coyotes . I'd be anxious to hear ba ck
what the y are going to have to say.
Ma yor Woodward said you'd like one of the officers that actually attends?
Cou ncil t,.,;ci mber Wil son sa '.u y-3s , to present and we ca n as k que stio ns .
•
•
•
•
Englewood City Council
February 2, 2009
Page 15
City Manager Sears sa id I think Mike attended the last session on coyotes and I think that this one may be
public .. Cou ncil Member Wilson sa id no it isn't.
Deputy City Manager Flaherty said no. 1 he one th at I attr.nded , Gary , was at the City of Centen nia l. They have
that issue and they are taking some action on that bu t \his is the Division o' Wildlife that is hol di ng this workshop
for public officials only .
Council Member Oakle y sa id I personally saw two coyotes sitting in my backyard , in th e la st month . I know the
difference between a coyote and a fo x, bel ieve me . These were coyotes .
City Manager Sears said I know what Mike ha s be en to and the last one , the City of Centennial na s taken the
leadership role in this and has de 1eloped a consortium . I suspect that maybe something that Council would
have to take a look at as a result of the upcoming sess ion . We will again give a presentation to Council based
upon that sess ion . Council Member Wilson said thank you .
(v) Council Member Jefferson said j ust to Dot and Bill . Hopefull y, Dot we had an
opportunity to re spon d (J your con cern s and hopefull y Mr •i~rre ll , we'll have an opportunity when yo u provide
us with some more information . Tha:'s all I have . Than k you .
13. City Manager's Report
(a) City Manager Sears said the only thing that I have is, I think, a follow up to Council Member
O,akley 's comment. I know that one of the issues that we have not had brought to our attention personally ... it's
on the legislature and that is the COOT turnover of both Hampde n and Santa Fe to the City, just like Broadway .
•
There are huge , huge cost implications to both r,f ll'~s• pu~!'c ri9 hts -of-way and clearly COOT has talked about
that and is cons idering that. So we will try and watch that closel y. 1 am looking forward aga in to having our
representatives here next Monday night and per haps they c;z;, explain where some oi those items are at. That's
the only comment that I have this evening .
14 . City Attorney's Report
City Attorney Brotzman did not have any matters to bring before Council.
15. Adjournment
DWARD MOVED TO ADJOURN. The meet ing adjourned at 9:04 p.m. ·tf'
•