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HomeMy WebLinkAbout2009-06-15 (Regular) Meeting Minutes• 1. Call to Order ENGLEWOOD cir, COUNCIL ENGLEWOOD , ARAPAHOE COUNTY, COLORADO Regular Seaalon June 15, 2009 The regular meeting of th e Engle wood City Counc il was called to orde r by Ma yor Woodward at 7:38 p "' 2. lnvocallon The invoc1tion wcs given by Council Member Mccaslin. 3. Pledge of Alleglance The Pledge of Alleg iance was led by Council Member Mccaslin . 4. Roll Call Present: Absent: A quorum was presen t. Council Members Jefferson . Moore , Pen n, Oa,ley, Mccaslin, Wi lson , Woodward None • Also presen t City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis • Director Gryglew icz , Finance and Adm inistrative Services Director Black , Parks and Recreation Director Kahm , Publ ic Works Director Whi te, Comn,~nity Development Economic Development Coo rdin alor Hollingsworth , Commun ity Develop :nenl Engineering Technician I Dye , Publ ic Works Police Commander Condrea y 5. Cons ideration of Minutes of Previous Se11lon (a) COUNCIL MEMBER MOORE MOVED , AND COUNCIL MEll''IER McCASLIN SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETIN ,, "IF JUNE 1, 2009 . Ma yor Woodward asked if there were any mod ifi cat ions or corrections . Th ere were non e. Vote resu lts : Motion ca rri ed. Ayes : Counc il Members Penn , Mcc asl in, Moore , Woodward , Jefferson , Wilson , Oa kley Nays : None 6. Recognit ion of Scheduled Public Comment (a) Jerry Furman was .;c heduled to be present lo discus s lhe Ci ly parks . He was nol presen t. 7. Recognition of Unscheduled Public l ',o mmont Englewood City Council June 15 , 2009 Page 2 (a) Dorothy Haefeli , an Engle wood res ide nt. said Mr . Councilman and Council members , wh at I came here to talk about ton ight is the dogs off leash in Centennial Park. I would like the Council to reconsider and eliminate the no leash dog clause for Centennial Park and make Centennial Park a mandatory leash park . The pol icy of a no leash is not safe for anyone . Many fami lies , younger people and older people use th is park . Big dogs coming at them with the owner yelling ... they're friendly , they 're friendly ... don 't make it so or make you feel safe if they are snarling at you or attacking your dogs . I have two small dogs , under 20 pounds , that I walk every day , weather perm itting . Sometime s I feel that I've taken my life in my hands , when these big dogs come at me ... sometim~s as many as 5. Some have been swimming in the lake . I guess the no swimming sign just mea ns that no humans can swim in there . How can a dog be under someone 's control when the owner is way behind? Fam ili es would like to take their children to the playground without the fear of them be :sg attac ked by dogs or the ir kids being covered with dog poop . Many people picnic and don 't want the dogs or !he dog poop around the picn ic area . Since Englewood has one park that is exclusively a no leash park, why can 't those who want their dogs to run loose take them there? The park should be safe for everyone . Another th ing ... is the high speed bikers using the path around the park . There is a bike path just to the east of Centennial Park . If peop:a want to walk there , then they know they are taking a chance of almost being run over by bik ers . So , make Centennial Park an area for picnicking , fishing , playing at the playground and people enjoying their walk . Enjoy ing , being the key word here . Thank you for listening to me and please consider mak ing Centenn ial Park a dog on leashes only park . Thank you . Mayor Woodward said than k you . (b) Emme Putnam, an Englewood resident , said I live two doors down from Dorothy and we are both within two yards of the park . I had a dog for years and every day I walked him in Centennial Park , but that was before It was a no leash park . And since my Bongo died , I have taken care of lots of dogs that belong to family and friends but. you know what, I don 't walk them in Centennial Park and what a shame . I get in my car • and drive to some other park to walk the dogs . I would never let somebody else 's dog off a leash when I am • responsible for them . And I don 't know how many of you are at all into dogs, but I think if you are , you know that a dog on a leash feels very uncomfortable and insecure when another dog , off leash , comes up . They are reall y at a disadvantage and you can see , I mean , I've seen my dogs trying to walk ... shake , just quiver , because of what is about to possibly happen . Unfortunately , we had a third neighbor who was plann ing to come . I don't know why she 's not here , but she saved her own child in the nick of time from being bitten by a dog over there . Centenn ial Par k really isn 't suited for a no leash park . I mean , the one over on Windermere is perfect , but let 's say you are walking on the fa r side of •~e lake with your dog and a luose dog comes up , there is like no place to go . You can't...an d with all th e playgrc •md equipment , as Dorothy pointed out , and picn ic kin g is big over there . II is really a family park . Well , I agree : ,c artedly , that it is not a plac e for dogs to be off leash and I am a dog lover . Thanks a lot. Ma yor Woodward sa id tha nk you . Ms . Putnam sa id ma y I ask a questi m? She sa id th is is not going to be discussed now, is it , this subject that we brought up? Mayor Woodward said it can be disc ussed at the end of the meeting under Council Members Cho ice by an y Counc il member th at wants to bring it up to discuss it. Ms . Putnam sa id okay , so th ere is reall y r,v reason for us to sta y ... we ca me to make our case regarding Ce ntenni al Park. Mayor Woodward said .. , unless you want to lis ten . Howe ve r, you can listen on -li ne als o. II will be pos ted on -hne . Ms . Putnam said so how will we ever know :; anyth lng ... what comes of our suggestion ? How do we fin d out If we go on line or stay for the end of the meeting ? Mayo r Woodward sa id well , I would recommend stay ing until the end of the meet ing or checking either th e website or asking for a copy of the minutes from th e City Cle•". (c) Kim Love , a Littleton res ident , said good even ing Ma yor and City Council members , for the record I am president of Englewood Unleashed . I th ink all of you have in fron t of you a copy of our News bites Bullet in. Th is is a proactive stance we are taking on the situation we had at the last meet in g concerning Jason Park and we were very upset with users of the park who aren 't following the rules . So we stepped up the campa ign an d we have been handing out th is news bullet in , starting th is last weekend at our brunch , to, • basically , anyone who was at the park and it so unds lik e we may have to do that as well at the Centenn ial . We ha ve specifi c rules and want everyone to follow them , at all of the off leash parks . Unfortunately , a lot of people come and completely disregard the ru les or aren 't aware that they are there , so we want to make a campa ign so Englewood City Council June 15 , 2009 Page 3 • that they all know about it. I have lo excuse our misspell ings . One of our proof readers was a canine and he misspelled Council with an 's' so I apologize for lha t... so thal is supposed to be a 'c'. We want you guys to know that we are stepping up enforcement. We want to make sure these people are doing the right thing and if the y are there with a dog , they need to follow the rules and specifically to the playground prob lem , with dogs running in the playground . We have come up with a number of good ideas ... most of which Englewood Unleashed wo uld help fund . We have set as ide funds , for example , for sign age ... we are planning on buying signs . One of our membe rs , actuall y now a Board member , has a brother that is in the powder coating business . You ma y be aware that we put some white and green very nicely powder coated signs , that will last forever , about pickin g up dog poop at all the parks ... actually at Jason and Canine Corral . We would propose hav ing something similar to the little diagram yo u see there wilh the red circle with a line through It and ha vin g larg e signage that . you know, dogs are not allowed on the playground . And in addition to helping to fund the fencing of the playg rou nd , so that it has some openings ... not necessa rily gat es ... bu t some fencing that woul d ,eep dogs out. Ar.d someth ing that is transparent. so obviously , kids ca n still be se en from the sides of the park ... all sides of tn e park . So, we would like to help fund that as well. And we al so talked about hav ing a natural barrier ... meaning bushes that we could plant aod maybe , along with the fence , that would make it attractive . We have the me ans also to help fund that and get some of that donated . So , we are tak ing an active stance on making sure that people are follow in g the rules and we also want to try to solve th is problem with dogs being In the playground area where they shouldn 't be or the pic nic pavil io ns ... same thing . So , obv iously it could spell it for everybody else when a few people show up and don 't follow the rules . So , the other thing we are proposing is making a larger sig n ... there is a rule sig n on the post right by the park ing lot , but it is generally covered up by a trash can and it is very small so we would like to make that larger and put it in a prominent place with a posting ... perhaps In two places in the park . And we would purpose to pay for that as well , so we have al ready set as ide funds to take care of that. We are already planning , as you know Envirowagg was selected by the City for upcycli ng dog waste . We are planning on putt ing those dog waste containers everywhere ... man y more places than they are now , so people are encouraged to use them . We will be • watching to n • sure that they do . As you can see from our Newsblte s Bulletin , we are telling people that the y are be ing watch, and that actions are be ing documented and the evidence is mounting , pardon the pun , but we want to make sure that they know that they are being watched and it is not allowed ... especially after looking at the pictures that the people brought last time and put captions on . Obviously there are people there that have complete di sregard for even pick ing up the ir own dogs poop . We cite that. We would also like the City 's help on that with Code Enforcement and the Pol ic e Department , so when we call we can get someth ing ... and tell them that it is in progress and we just aren't go ing to put up with it anymore . so we want to make sure that everyone follows the ru le s. He sa id are there any quest io ns . City Council ... about the Newsb ites or the recommendations that Englewood Unleash ed are mak ing ? Mayor Woodward said I j ust saw th is tonight , so I certai nly don 't have anything ... nor wou ld I have it until the end of the meel ing . Mr . Love said than k you for your time . Mayor Woodward said than k you . B. Communications, ?reclamations and Appointments (a) A ,-roc lamat ion declaring .Ju ly as Nati onal Recreation and Par ks month was considered . COUNCIL MEMBER McCASLIN MOVED , AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE A PROCLAMATION DECLARING JULY AS NATIONAL RECREATION AND PARKS MONTH . Mayor Woodward as ked if there were any comments or discuss ions . Ma yo r Woodward sa id you know , I thi nk we are very fortunate in th e City of Englewood to have the very active Parks and Recreation Depart ment and so many parks for our people and the job that the Parks and Recreat ion staff does ... certainly the awards over th e years and the aw..rds fo r Senior Center and all that you have done certa inly shows up at the National leve l, at the State le vel ,.nd certa inly with the citizens of Englewood . So , this is some thing that I strongly suppo;t. • Ma yor Woodward said if there are no other co mments , please vo te . Vote results : Englewood City Cou ncll June 15 , 2009 Page4 Ayes : Nays : Motion carried . Council Members Penn , Mccaslin , Moore , Woodwa rd, Jefferson , Wilson , Oak ley None Mayor Woodward presented the proclamation to Jerrell Bla ck , Director o: Englewood Pa rks and Recreation . There was applause . 9. Consent Agenda (a) Approval of Ordinances on First Reading There were no additional Items submitted for 1pproval on first readln~. (See Agen dr ilen , '~ :, COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER PENN SEC OrlbEI', TO APPROVE CONSENT AGENDA ITEMS 9 (b) (I), (II), (Ill) and 9 (c) (I), (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 22, SERIES OF 2009 (COUNCIL BILL NO . 23 INTRO DUCED BY COUNCIL MEMBE,l JEFFERSON) AN ORDINANCE APPROVING AND AUTHORIZING A THREE YEAR INTERGOVERNMENTAL COOPERATION AGREEMENT BElWEEN ARAP AH OE COUNTY , COLORADO AND THE CITY OF ENGLEWOOD, COLORADO RELATING, TO THE CONDUCT OF COMMUNITY DEVELOPMENT BLOCK GR ANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAMS FOR PROGRAM GRANT YEARS 2010 THROUGH 2012. (ii) ORDINANCE NO . 23 , SERIES OF 2009 (COUNCIL BILL NO . 27 , INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BO ARD OF THE 18™ JUDICIAL DISTRICT . (ii i) ORDINANCE NO . 24 , SERIES OF 2009 (COUNCIL BILL NO . 28 , INTR ODUCED BY COUNCIL MEMBER OAKLEY) AN ORDINANCE APPROVING A LICENSE -CITY DITCH CROSSING AGREEMENT , AND A TEMPORARY CONSTRUCTION EASEMENT BE'fWEEN THE CITY OF ENGLEWOOD , COLORADO , AND THE PROPERTY OWNERS BR AY AND ROTBERG . (c) Resolutions and Mo tions (i) AN AGREEMENT WITH AMERESCO , INC . FOR PERFORMANCE OF A TECHNICAL ENERGY AUDIT FOR THE WASTEWATER TREATMENT PLA NT. Vote results : Ayes : Nays : Motion carried . 10. Public Hearing Items Counc il Members Penn , Mccaslin , Moore , Woodward , Jefferson , Wison , Oa kley None No public hearing was scheduled before Coun ci l. • • • • Englewood City Council June 15 , 2009 Page 5 11 . Ordinances , Resolution and Motions (a ) App rova l of Ordi nances on First Reading (i) Econom ic Oevelopment Coordinator Hollingsworth presented a re com mendation from the Commun ity Development Department to adopt a bill fo r an ord inance accepting an Enterpris e Zone Marl<et'o ng Gra,1t from the State of Colorado in the amount of $12 ,500 .00. He said Englewood administers the Arapahoe County Enterprise Zone for the cities of Sheridan , Englewood and Littleton . The proposed gran t is helpful in offsetting the costs associated with th e administration of lhe Enterprise Zone . The benefits of the Enterprise Zone are many. Qualifying businesses may claim tax cred its to the State of Colorado for a variety of eligible activities. In fact. last year 81 Englewood businesses cla imed tax cred its throu gh the State of Color.do. Tax credits for Englewood businesses total over one million dollars . The Enterprise Zone is a primary econo mic development resource for business retention . business attraction ... for Englewood . The proposed grant re qu ires matching dollars and Community Development has budgeted these resources necessary to accept the grant. That concludes my comments and I'd be happy to respond to any questions. Mayor Woodward said okay and th is is a matching grant? Mr. Hollingsworth said ye s, your honor. Mayor Woodward said wh ich has been appropriated and budgeted for ? Mr. Hollingsworth sa id ... in the CD budg et . yes sir. Council Member Penn said Darren . did you say th is is going to be mainly for like marketing an d just administrative support? Mr. Hollingsworth said that is correct. Mayor Woodward as ked if there were an ;• othe, questions for Da rren . There were none • COUNCIL MEMBER WILSON MOVED, AND C0~NCIL MEMBER ,1EFFERilON SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I)· COUNCIL BILL NO. 24 . COUNCIL BILL NO. 24 . INTRODUCED BY COUNCIL MEMBER WILSON A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO, ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND ADMINISTRATIVE SUPPORT IN THE ENTERPRISE ZONE . Mayor Woodward asked if th ere was any further discussion . There was none. Vote results : Ayes : Council Members Penn. Mccaslin . Moore, Woodward, Jefferso n. Wilson . Oakley Na ys : None Motion carried . (b) l\pprova l of Ordinances on Second Reading There were no additional items submitted fo r approval on second read ing . (See Agenda It em 9 . Consent Agenda .) (c) Re solutions and Motio ns (i) Director Gryg lewicz presented a recommendation from tne Finance and Adminis trative Serv ice s Department to adopt a resolutio n approving a supplemental appropri ation in the amount of • $100 ,000 .00 to he lp defray the outstand ing o~li gations of lhe Colorad o Humane Society. He sa id. in a nuts~ell , what happened is , in December of 2008 th e L olorado Attorney Gene ral made a motion to the Districl Court to put a cu t ·-.:i ,an in ch arge of th e Colorado Humane Society. The Colorad o Humane Society has a custodian . th e Wave rt c . oup. The Waverton Group pu t together a Request for Proposa l. Part of that Req uest for Proposal Englewood City Council J·Jne 15 , 2009 Page 6 is that all of the outstanding obligations , including the payments to the V\'averton Group , have to t:e s .nled and that amount is approx imately S200 ,000.00 . The City of Littleton has Ruthorized funding S100,000.00 to help offset the obligations . And the City staff is requesting S1000,000.00 to offset the obl igations of the Colorado Humane Socie ., as well. Depuly City Manager sa id I will add to what Frank sa id and then Commander Condreay will be e.vailable fr,r quest ions as well and to add any other information . As Frank said , th is is a request for an approp ri at;,:,n !,1r S100,000.00, These funds would not , however, be expended at this time . We are looking , with the c ;,.y of Lihic!nn and other Arapahoe Co unty jurisdictions, at a proposal that would be subm itted by a private i11 divid1 al that woul~ be willing to take over the non-profit organiza ti on known as the Colorado Humane Societ). The proposals are clue on the 30m of June . However , they would not be formally accepted un til some time in mid- Augu st. Accr.rding to the custod ian, there are two types of proposals that are likely to be submitted . One from an individual , or poss ibly individ uals , interested in assuming the respons ibilities , and the name of the Co'o rado Humane Society , with the intention of continuing the operation of the shelter for western Arapahoe Count), There is another propos~l that is likely to come forward , it is to acquire the name of Colorado Humane ... it 's assets and liabilities , but not continue operation of the shelter. The concern that we have , as users of that shelte r, is that if the shelter is closed or if the proposal that includes payment of the debt , an assumption of Colorado Humane 's title , withcut continuation of the shelter , that we are out of shelter services . This poses problems for us . I understand from the last Study Session that there were some clarifying qu estions that were asked abou t... what are our options in the event that the shelter is cl osed ? The Code Enforcement Division has done a fair amount of work with regard to that. .. that is in the memorandum :hat Council received . I th ink thare are three major iss ues that we are look ing at right now. One is, what level of service would be prov ided by alternatives ? Would it be permanent or temporary? From looking at the information they have collected so far , In most cases , the solutions might not be permanent... they might be tempora,y only . There are a coup le of options that might poss ibly be permanent and there were several other organizations that we re contacted who either sa id they were not interested or did not respond to us , Th e second issue is one at the cost and the level of services . We didn 't get a lot of cost information, although toda y we did rece iv e some informatiOll 'rem Table Mountain Ani ma l Sn eller, as well as Belleview Animal Cl inic. And I will ask Gary to address both of those , but in the case of the B~lleview An imal Clin ic, they Indicated they are willing to do it, but it would be on a Hmited bas is, In other words , they could only accept a certain amount of animals at one time . The other piece of service that we found with many of the organizations that we contacted , is that they wocld shelter our animals and work with our citi,ens for rec laiminr those animals , but if the animals were not claimed , they would not...or would likely not... be rer.9 vnsible for them after a period of time , wh ich is no rmally 7 days , at which time then it would be our respons :~:•1·1 to do something with the anim~ls .. either to take them to a s'lelter that would adopt them out and that probab!r limits us to one or two shelters in the metro area ... or euthanasia, which we would then have to contract fo r U1 at service at obvious ly an extra cost. Both of those would be an extra co st. The thi rd element has to do with ,,~v~I time . Right now we 've got It real convenient for our staff , but it is also convenie nt for our citizens . Our an imal sheller is located over here on Platte River Drive . It is basically minutes from mos t anywhere in the City for us to take our animals in and have them processed at the an im al shelter and the same is true of our cit ize ns . If we locate anoth~r servi ce outside of the City , and Christian has indicated in his memorandum that there are a number of locations ''lat we looked at and they included travel times and distances . Right now we have four Code Officers ... right now we only ha ve three , because one of them is on sick lea ve ... but in some cases we are up to an hour or an hour and half of travel tir.,e for delivering and proces ~i ng of an a• ;;na l, That would obviously also impac t our citizens , who would ha ve to go to those locr1t ions to rec la im their animals And in some cases , our st~ff ha s to make more than one trip to the sheller and , obviously , if you have lost a pet... you may make mo,e than one trip to a shelter to try to retrieve your anima l, But the other element that relates tn anir,al shelters is that it really is a community service . In addition to serving the direct needs of the City staff , for our citizens it is an opportunity for individuals to go to a shelter for purposes of adoption , fur educat ional programs , for voluntary opportun iti es and things of that nature . So , ii does provide a ccmmunlty service . The alternatives that we listed out , on the t~kd page , l\as ica lly talk about what we are propos ing tonight , which is to wor k with the Court appointed custod ia,, in order to maintain Colorado Humane Society 's viable shelter in order to continue operat ions for the City . There is no guarantae that the cost would be th , same , As a matter of fact , it is lik el y lhat no matter what alternative we choose , our costs are go ing to in crease . We haven 't been able to ide ,,tify those precisely at th is po int in time , but some cases fo r us ing outside resources , the cost could be triple what we are paying now ... at least in one case . Anoth er op tio n is to join with a group of local mun ici pal ities to operate the she lter. At one time, in th early to • • • Englowood City Council June 15, 2009 Page 7 • mid 90 's, the City made the dec ision to outsource th is service and I th ink that was a good dec ision at th; ne . And I thin~ it has been , in spite of the difficulties of the curren t or the prior operators of the Colorado Humane Society have had , hav ing that as a private non-profit organization , rather that, a City agency , has benefitted the community and the City , both in terms of keeping the costs low, but also in terms of providiny scm• very good an imal welfare services ... again up until recently here . Another option ... we could operate our own shelter. We did that before 1992 , we could do it again . It would certainly be at a higher cost and It would also put us ba ck into the business that we sought to relieve ourselves of bAck in 1992 . So Gary , I know that you had some additional lnlormalion today from Table Mounta in, as well as from Belleview An imal Clinic and if you have any other comments you would like to add to that before any questions tihat come up that you might be able to answer . Gary Condreay , Commander of Neighborh .:,od Services Divis ion of the Englewood Police Department, said I had Sergeant Christi an Contos start working on th is a couple of wee ks ago and it was pretty difficult. First of all , very seldom would people be calling us back It wasn 't until I got ba ck last week that I started calling some of these peop le and they started calling us . Ones that I kind al had high hopes for were both Table Mountain and the Rocky Mountain Small Anima l Hospital. .. it is the second one listed on page 2. They were actually one of the ones that Littleton negotiated with a year and a half ago , when all th is started ... and they haven 't even called us back . Actulllly , the tiUe Is Rocky Mounta in Small Animal Hospital and Resort , so I am not exactly sure what they do there . I did fin •lly talk to Table Mountain An imal Hospital today. We began exchanging voice ma ils last Friday and so I did talk to one of their directors toda·, •nd they are very positive . As a matter of fact , they offered us the same contract tihat they currently offer tiheridan . That is $90 .00 an impound and $10 .00 per a deceased animal. That is what Sheridan is cu r,antly paying . And that Is what they offered us a year and a half ago , when we originally contacted them about this . If you want to look at last years figures , we had 399 impounds a! $9G .OO an animal , that is $35 ,910 .00 for cost in the last year for impounds and 110 deceased animals at $10 .00 a piece would be another $1 ,100.00 so the total co st is $37 ,000 .00 , based on last years • figures . Christian Contos did get a hone call back from Bellev iew Animal Hospital today aad just as with mJst of these people , th sy are not Intere sted In helping us long term . They would help on overflow or short term , at a cost of $22 .00 pe r ,1ay for kenneling , And otherwise , I believe that you have most of the information ,n front of you . Deputy City Manager Flaherty s3id I will add one other item . I met last week with ,epresentatives from Littlelon , Centennial , .<>,rapahoe County and Cherry Hills Villag•. Also inv ited were Sheridan and Greenwood VIiiage , but their rep,esentatives did not appear. We met with an individual who was interested in assuming the respons ibilitie s of Colorado Humane and subm itting a propusal. .. a very well qua lifi ed individua l. He Is in th e process of putti';'Jl a budget together and a proposal together fa; the custod ian , He said he would have that ready on the 23 and he would f~rward tihat to each of the cities for their review and comment. Ag ain , the problem and why we are cor,1ing to Council ton ight , formally , for a request of an appropriation , is tihat he is not in a pos ition to pa y off the debts of the Colorado Huma ne Society at this po int in time . But at th is point , he is the only ind ividua l, tha t we are aware of, that has any footing with a finance director and perspecti ve board members ri ght now , to put together a package, but that is the only group that we are awa,e of that is willin g to bid on the proposal and ma intain th e operations o'. a shelter. There is another group that is wil li ng to bu y out th e debt , bu t not operate the shelter. Littleton is obv iou slv in , be cause they have already appropriated $100 ,000.00 . Ev eryon e else is waiting to see wha t ha r ;,cns . I think after the presentat ion '•st week ... that th is ind ividu al and his group that he is bring ing forward , ca n put tog ath er a good package . I think Centenn ial an1 Arapahoe Cou nty are likely to participate , Cherry Hills, I am not as sure about and Sheridan wasn 't a! this mee ting , bu \ they ha ve been at prior meet ings . Counc il Member Oakley said okay , so jus t a birds eye shot here , if we went with Ta ble Mountai n, it would probably be the cheapest of all proposa ls and tihev would eventua ly do whatever needs to be done for long term an imals . Deputy City Manager Flaherty said that Is what it appears , but that information just came tooay . Mr . Oakley sa id so that would be about $37 ,000 .00 . ~Ir . Flaherty said I think that would be the low end . Mr , Oa~ley • said okay , but the disadvantage is the distance that our officers would havll to take the dogs and our citizens would have to drive to retrieve the ir dogr.. The second option poss ibly being a contra ctor that is gett ing a proposal together now . He would use the exi sting facility as it is now? Deputy City Manager Flaherty sa id no! necessa ri ly. Mr. Oakley sa id okay , !hat was the questi on I had . Mr. Flaherty t aid he is look in~ at othe r sites in th is gene ral area and primarily in Englewood , but also to a le sser degree in Littleton , beciuse he doesn 't be li eve Englewood City Council June 15, 2009 Page 8 that that site is big enough to serve on the long term bas is. Mr. Oakle y sa id that wa,. the next que stion . Mr. Flaherty sa id so he is looking at another site to lease on a short term bas is. The goal that he has , that we initially started with Colorado Hum;;ne , was for that organization to privately raise funds for the purpose of constructing a new shelter on a site along the Platte River, ol which Littleton and Englewood own property , and had lna icated a willingness to grant that property to Colorado Humane . Council Member Oakley sa id okay , but obvioirsly the question of th is facility being big enough , that we are ail fam ili ar with , but if he has to go out and lease another fac ility , his bid is going to definitely be high . Deputy City Manager Flaherty said I don 't know at th is point , to be honest with you , because he hasn 't developed a budget. It is going to be , at least , as much as we are paying now , which is $48 ,000 .00 a year. Bui we are also contribut ing about $24 ,000 .00 in In-kind services from the ope mtion for the maintenance of our shelter. Council Member Oakley sa id I real ize we were going to have that obligation, but I was just saying that if he has to go out and rent a facility , that is going to have to be built into his costs , so that is going to ha· to overcome the cost we are sustaining now . Mr. Flaherty sa id you are absolutely right , I haven 't see n a• re information from him on what his costs are go ing to be , but they will be at least what we are paying r Council Member Oakley sa id so I'm just trying to narrow this down to a point that if we are go ing ... we are almost going to have to ... well , If we have to obligate ourselves tc, take over and pay off the existing costs and move forward from there, we would have to do that even though, if we decide to go to Table Mountain, we could do that? Mr. Flaherty said no , we can pull out of th is any time before a final decision is made. Mr. Oakley said and not have to be obl igated for that $100 ,000 .00? Mr. Flaherty said that is correct. •.i r. Oakley said but if we want to keep it local , we are almost obllg~ted for that $100 ,000 .00? Mr. Flaherty said that Is the only option ... other than operating the shelter ourselves ... that I see . Council Member Oakley said well that narrows it down some . Council Member Mccaslin said we were talking about individuals or someone taking over ... is the•a any sort of portfolio or something that we are requiring ... that we are holding a standard to these people . au ,~•t we don 't get into th is bind again? Someone can look it over and , you know, fall back to how we got ,;t~ !hi• ness . I mean , I think we have to hold somebody really accountable and n·ake sure that they are ir ;•,m for the right reasons . Deputy Ci.y Manager Flaherty said I think with this part icular operator , w,, can do that. He has ind icated the willingness to allow input in terms of suggestions fo r board members . Obviously , we would have to have a new contract and we could certainly put performance star,jards into that contract. Mayor Woodward said and he comes from experience . Mr. Flaherty said yes . Council Member Mccaslin said right and you know , and that is what I am saying . II sou11ds like I am just putting this out to see who will buy that and I just don 't want somebody to say , oh , I'll ta o<e it, and you know , not have the right credentials , to do the right th ings for , you know , for the dogs . Deputy City Manager Flaherty said there are essentially two reasons that somebod y woul d want this and one is ... wh ich is what one bidder is likely to do ... is to buy the name . For two reasons . one because it is a hundred and some year old nam, and it carries with it some very goodw ill , in spite of wha t happened in the past year . They also have some bequests that would be com ing into them , that would at least offset some , if not all . of those debts . There is property and there are other wills that are coming ... that will be when people pass on ... that will ~e com ing to the Colo rado Humane Society , unless there is a big chang e between now and ,i,a n. So , on one hand you 've got somebody that wants to buy out the competition , essent iall y, and on the other hand you 've got somebody who wants to operate it as an animal welfare serv ice to th is community . Obviously , they don 't want to do it for free , but as a non-profit, It's not for profit making ... they 've got to P•Y salaries and they 've • • got to pay the Executive Director and they have an obligation to go out and ra ise funds and all of th•··. so on that • one it is an easy dec ision . If those were the only two options . in my mind , it is an easy decision, but we do have two other options . One is to operate the shelter ourselves and one is to go to a facility that is a distance away . Englewood City Council June 15, 2009 Page 9 • Mayor Woodward sa id can I go bac k to the part of what Wayne was sa ying there . With th e relocating to another fac ility, that would assume that not only would II just be Littleton and Englewood , as it has been in the past , that assumes that then we were taking in parts of Centennial and the County . Is that correct? Mr . Flaherty si1 i~ that is correct. Mr. Woodward sa id so they would need a larger fac ility , because they are looking at a larger ... Mr. Flaherty sa id that is true , marginally , but in real ity , Englewood , on an annual bas is, has nearly twice as many dogs as the rest of tt,em combined . Mr. Woodward said okay . Mr . Flaherty said so we generate the majori~ of the animals in western Arapahoe County that are going into shelters . Your right... our shelter would not be big enough , on an ongoing bas is, probably not even for Englewood . Mayor Woodward said okay . Council Member Oakley said because of time co nstraints in the Study Session , we had to move th in into Chambers . It almost seems inappropriate for us to go ahead and move on 11 (c) (i) with the llmltec< knowledge we have , unless we all agree that tak ing over, or paying obligations . and moving from there Is what we want to do . If there are a couple of other th ings on tab ;a, how can we decide to do 11 (c) (i) tonight , unless we take the time right now to work through it. Is that what everyone wants to do? Deputy City Manager Flaherty said Wayne , I think the question is, if you 100k at the question , if you take out the idea of us operating the shelter. and I am not sure that we want to do that, but If you can put that aside for a minute , I think the two options are ... we ass ist a private operator In maintaining Colorado Humane or we take our animals to a facility that is 20 mi les away and 90 minutes . Mr. Oakley said and that is basically what we talked about at the last Study Sess ion and at that time there was a consensus that we partner and try to keep it local . Deputy City Manager Flaherty said the other piece is that if between no w and August, this working with the continuation of Colorado Humane proves to be impossible , we can pull the plug . Mayor Woodward said one of the other things though , is we do have a deadline for submission , which Is June • 30 , s.,; ;, is not like we can put it off. Mayor Woodward said ... John , you weren 't here last week ... do you have any questions regarding th is? Mr. Moore said I had enough background ... the only question t had was just specific to the resolution tonight , wh ich is ... Mike , I think you were saying the money would not be appropriated ... Mr. Flaherty said money would be appropriated , bul not spent. Mr . Moore sa id it would not be spent unless we knew that It was an ongoing operation . I didn 't feel we said that too expl icitly in here and I was wondering if we should . That was my only miss ing detail. Deputy City Manager Flaherty said the other thing I'll mention about Colorado Humane , if the party that is looking to buy it ... the assets and liabilities ... and close down that operation , unless that is done ... Colorado Humane is dead and gone . We will never be able to resurrect that. If we would want to do that at some point in the future , to have our own private non-profit to serve western Arapahoe County , we would have to start from scratch . Council Member Oak ley sa id but the advantage of the Colorado Humane Society name is ra ising funds and as a City , we don 't want to be in to the fund ra ising bus iness anvhow . Deputy City Manager Flaherty said but I guess my po int is th&t if, for whatever reason , a third party operation 20 miles nway didn 't work out at some point in the future , we wo llld be right ba ck where we are now . without the opportunity to work with a non -profit... that the y currently exi st ComMander Condreay said and there is one othe r point, as we all look at Table Mountain . I was just talking to the Director and the Facilities ' Manager ... they are govemed by a Board ... because Westm inster , Arvada , Golden and lots of other jurisdictions take the ir an imals there and we would have to go to that Board and be approved overall , in the long run . to be able to use that facility . And then they go through formula to figure out • what the actua l costs are . So right now, those figures that I gave you are approximate , because that is what they are actually charging Sheridan right row ... It could be higher . Deputy City Manager Flaherty said the Table Mounta in facility is look ing at a new fa ci lity righl now ... an SB .2 million fac ility ... for which Jefferson County is fund ing the majority of that. The TMAC Foundation that wor ks with Englewood City Council June 15, 2009 Page 10 them , they are fund ing a million and a half , but the County is funding the rest through cash contributions and Cert ificates of Part icipal ior.. We are not in Jefferson County . What Commander Condreay gave you was operating costs that we would be paying . We haven 't talked to them about whether we would have a capital contribution toward the 8.2 million dolla, facility . Cou ncil Member Oakley sa id there is a big one . You think of things real qu ick , when you think of someth ing like this ... when you are looking at that $100 ,000 .00 layout , plus what it would cost us down the road ... versus an assumed cost of $38 ,000 .00 lo go over there . The n you have to say to yourself, well , if that were the only cost we had for that facility ... but you think the time it lakes to go over there and tMen our citizens , we could say maybe it would be cheaper for us to hire somet,o,i y full time just to transport dogs back and forth , it would be cheaper for us . But then , we still have to cons ld e, the citizens obl igations too so , the more we talk , the more th ings we bri ng on the table . Depu ty City Manager Fla herty said that is why I mentioned my memo last week . There are no good alternatives where we are right now . There are alternatives , but none of them are part icularly encourag · 19 . Council Member Wilson said and when this person who wants to build a new shelter and they said that they would do it In Englewood , do we have any guarantee of that or? Mr . Flaherty sa id that would be dependent on the fundraiser . And I, you know, talked about the capital contri butions for the Jeffco facility , it is very likely that if Colorado Humane co itinued to exist under new management, that they could be coming to us , at some point , and asking us to cont, l~ute to a capital contributions for a new facility here . Council Member Oakley sa id yes , that was ... I don't know whether I asked it exactly like that last week or not , but that was one of my concerns at the time ... I forget how I worded it now . • Mayor Woodward said that may be the land that Littleton and us ... Mr. Oakley said ye f, I know what you are • talking about and I am quite familiar with that land . Deputy City Manager Flaherty said and that certainly was one of the reasons that we decided to acqu ire that land , is that would be at least some contribution towards the capital campaign for the Colorado Humane benefit. Council Member akley said okay then . The qu ick thought that hits me is we have to figure out what's not ne c.ssarily the cheapest way , because wh en we take our cit izens into consideration, you can 't do that sometimes . My first thought would be If we knew that Table Mountain would do ii for a certain amount , but then you sa id, Mike , maybe if they build a new facil ity ... they would want the City to pony up for that , so . Every time I th ink I've come up with a solution, sJmething else gets in the road . Mayor Woodward said the $37 ,000 .00 and the $48 ,000 .00 ... was that the number that we are currently paying on the basis ... those aren't two comparable numbers are they? Mr. Flaherty said $48 ,000 .00 ,s what we are currently paying . $37 ,000 .00 is what Gary's calculations of what we would pay at Tabl, .:our.lain fo r the same number of animal s th at we impounded last year. Mr . Woodward sa id and that does not count for any staff times . If it is a dog , let's say that the citizen was go ing to get a summons ... then the Code Officer Is going to have to go out there twice . Commander Condreay said there would be some procedures . Number one ... now a Code Officer could probably pick up a dog and be done with the call In 20 to 30 minutes , probably anywhere in the City . Going 10 Table Mountain would probably triple that and I th ink all you folks know how busy my Code Officers are . Now whatever citizen shows up at the shelter to recla im an an imal , they call dispatch and the Code Offi cnr goes down there and many times Issues a summons for at-large . I don 't know if we would be able to continue that. We might actually have to follow up on the next day and try to track these people down after they come ba ck . If we were to go back out lo l able Mounta in, that would add another hour on to the case . Deputy City Manager Flaherty sa id the same Code Ot:,cer has to enforce all the other coda s In the City . • Englewood City Council June 15, 2009 Page 11 • Mayor Woodward sa id speak ing for myself , I have not chang ed anything from last week at our Study Sess ion and I believe we need to go forward with the $100 ,000 .00 . I don 't know how other peo ple feel about that I know john had some tr , ngs he was looking at regarding leg alese . Randy ? Council Member Penn said I think we need to go forward just Ilk~ last week . I am not changing my mind at all . Council Member Jefferson sa id another factor here is, I think , you know that $100 ,000 .00 is not necessarily a totally sunk cost. If CHS was able to get back going and raise some funds , that the City would be repaid that $100 ,000 ,00 . Deputy City Manager Flaherty said we could be repaid . They also have some assets that are more hidden , if you will , that the judge may order the prior operators to repay ... it might reduce that $200 ,000 .00 debt to sometnlng less than that. I wouldn 't bet a lot of money that we are go ing to get much of that $100 ,000 .00 ba ck though , I wouldn't count on that. Council Member Jefferson said because their ability to raise funds would be swallowed up whole by whatever the cost of the new facility ... right? Is that what your thought Is? Mr. Flaherty said yes . Mr. Jefferson sald ... or is it that you think that their abil ity to ra ise funds is somewhat limited at this time? Mr. Flaherty sa id well, part of the problem is that they are go ing to come in with basically zero dollars and some debt. They are going to have to hit the ground running , In terms of fundraising , and for the most part, the cost, initi ally , is going to be born by the cit ies that are contracting with them . So , that Is why I mentioned that our costs are likely to go up in the first year or two , until they get some additional customers , ~ you will . Mayor Woodward said now , could the negotiation be ... I mean , obviously , they are going to have to have a cash flow , but with at S100 ,000 .00 coming from us and $100 ,000 .00 com ing from Littleton , to mainta in these fees , • these numbers , that may be based on the 2008 ... 2009 isn 't a good number because it was closed for awhile ... but 2008 . Deputy City Manager Flaherty sa id our goa l right now is to not go over our current budget in terms of what we are pay ing right now . And I th ink that Is something that we can negotiate with them . They may have to staff accord ingly and perhaps not look at the paying of full wages to their Executive Director for a couple of years . Mayor Woodward asked if there was an y other discussion . Counc il Member Oakley said given the stra ight forward comments you made Mike , about Table Mountain and the future ... tell ing me that poss ibly half the cities would have to pay into that, I guess I am go ing to have to go away from that because otherwise , i'j th ink we should look into another full time employee just to transfer them back and forth and keep our costs !ow, But if we have no guarantee , then I can 't see any reason for that way , so I guess I'd say we stick with what we said last week . Deputy City Manager Flaherty said Wayne , we will certainly explore Table Mountain more between now and the time that we have to actually put up that $100 ,000 .00 to see what those costs might be . Council Member Penn said ... and Mike , th is person could actually go open a facility by himself , without incurring the debt. He just wouldn 't get the name , is that right? Has he thou ght about that at all or is thal... he wan ts the name . Mr , Flaherty said I'm sorry , wh ich part of It? Mr, Penn sa id the party that is thinking about doing th is , Deputy City Manager Flah erty said oh no , Whoever buys this Is going to want th e name , Mr. Woodward said the name Is the biggest asset, probab ly . Mr . Penn said but they could come just as an individual and say ... I don 't want the name , I'm just going to create a facil ity . Mr, Flaherty sa id that Is poss ible , yes , Mr, Penn said but that is probably not probable , okay , Mr. Flahertv sa id probably not. Mayor Woodward sa id I am going to ask for a motion unless there is further discussion . • Counc il Member Moore sa id I will be happy to rr,ake a motion if I could clarify , I would like to add language just clarifying that the funds are being app ropriateo , but they won 't be spent without a suitable pr~ lider go ing into pla ce . Dan , is there language you cou,d su ggest for that? Englewood City Cou ncil June 15, 2009 Page 12 City Attorney Brotzman said I think exactly ... you don 't want to tie it to Council approval , because we have a time constraint , so I think that if you wanted to add something about the City Manager finding a suitable party to run the facility ... that would be fine . Mr . Moore said that sounds fine to me , is it sufficient to leave ii phrased that way and you can fill in the words later. Mr. Brotzman said we will add a new Section 3 that says exactly tha t. Mr. Moore said okay . Moore ... I'll make a motion with 11 (c) (i) with the added language to capture the intent just covered with the City Attorney . COUNCIL MEMBER MOORE l'ilOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) WITH ADDED LANGUAGE (SECTION 3) TO CLARIFY THAT THE FUNDS ARE BEING APPROPRIATED, BUT THEY WON'T BE SPENT WITHOUT THE CITY MANAGER FINDING A SUITABLE PARTY TO RUN THE FACILITY. RESOLUTION NO . 42 , SERIES OF 2009 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION I O THE 2009 BUDGET TO PARTICIPATE IN THE CUSTODIAN CERTIFICATE PROCESS FOR THE COLORADO HUMANE SOCIETY (CHS). Council Member Oakley sa id yes , I would just like to comment that knowing the time it has taken Mike and how much he has put into th is and the rest of the staff, I appreciate all their efforts and none of us knows exactly what the outcome of this is going to be . Mayor Woodward asked if there was any other discussion . There was none. Vote results: Motion carrie d. Ayes : Council Members Penn , Mccaslin , Moore , Woodward, Jt .T~rson, Wilson , Oakley Nays : Non e (ii) Director Gryglewicz presented a recommendatio n from the Department of Finance and Administrative Services to adopt a resolution approv ing a supplemental appropriation in the amount of $80,000.00 to pay for design services for the "South Broadway Medians -Qu incy to Tufts " project. He said the source of funds on th is will be from the Genera l Fund balance . It will be transferred to the Pub /le Improvement Fund and spent on Broadway Medians . And I also on this one have Rick Kahm to explain it further. Director Kahm sa id as you will re :all from last week's Study Session on June e'" ... or may have read in that packet last week , John . We had an opportunity ... DRCOG had contacted us , and gave us the opportunity to add three of our stimulus projects , our enhancement type projects , back on the reserve list, the backup list. for the ARRA fund ing . When that first came to us , there were some rules and the rules simply were that all the des ign for these projects had to be accomplished with local funds , had to be totally complete to federal standards , by August 3, 2009. Thal none of these funding requests can exceed 500 ,000.00 for project , because that is the upper limit on enhancement projects . That the projects have to be advertised by December 31 , 2009 and if projects are selected , they would recei ve 100 percent federal fund ing for the construction phase . We looked at the projects , and in your packet you have the most revised list from DRCOG of projects . But when we looked at this , the three projects that we had orig inally subm itted were Sidewalk Missing Links and that was a project that had a total cost of about $275,000.00, of wh ich $195 ,000.00 would have been construction , wh ich means that aga in the des ign phase there was about $80,000.00 . It fits withi n the $500 ,000.00 guideline . Staffs position on • • that was that is a lot of money to des ign sidewalks ... that we can do in-house, for bas ica ll y noth ing. So , that • project really didn 't make a lot of sense . The second project on the list was the Broadway Med ians from 285 to Quincy . That is a section of Broadway whe re the medians were orig inally hullt in 1975-1976. It is an older ~esign . I like the des ign real well , since it was my des ig n, but those med1g ns are outdated and they don't match the med ian s at the north end , no r d~ they match the medians that we recantly built , with federal funding , at the Englewood City Council June 15 , 2009 Page 13 • very soulh end of Broadway . We looked al lhal and , unlortunalely , our estimate on that project was 1.4 million dollars . Again , we are in a situation where you can only fund $500,000 .00 , which would mean that we would have to overmatch $900,000.00 . So , I'm not sure that project made a lot of sense . Th e third project that we ki nd of gol excited about was Broadway Medians between Quincy and Tufts . It is a three block area lhat has medians without any planter s in it. The original estimate we had on it was about $600,000 .00, so we th ought we had really good bid results when we built the med ians at the south end last year . We felt that probably that project could get down to $500,000 .00 . And so we looked at tha t. We got ahold of an en gineer, the engineer that did the design work at the south end on the medians last year , and he gave us an estimate of about $80 ,000.00 o get that proje ct ready to go by August 3". So , we had that di scussion at the last meeting and we are looking for direction to know whether or not to come here this evening with (a) Frank 's resolution for funding and (b) a second resolution after that for hiring the consulting contractors ... consulting engineer . That is kind of where we are . Council asked for some additional information at that last mealing and in this week 's packet there was a rnemo from Dave Henderson , through myself and Gary . We did contact DRCOG and we talked to Steve Rudy who Is the Director of Transportation and Planning for DRCOG . And his emphasis was that , firsl of all , there is no guarantee lhat there will be any fund ing for these projects . His analysis was that there were orig inally , in the enhancement category , there were eight projects that were fund ed. There is nothing to suggesl thal there will be addil io nal funding, although there could be ... federal governmenl could provide additional funding , but lhere is no way lo know when that could happen . His thought was that probably there has been a lol of proje cts that have been withdrawn and that maybe there would only be between five and len projects thal would be in the backup pos ition, as we go forward . If the projects that... he doesn't see savings from one category moving to a different category, so the only savings would come from the money that is already in the enhancement category, which is 4.7 million . So he is thinking ... maybe there would be $700,000.00 in savings , which would fund one out of maybe ten projects that would be available . And so , we shared that Information wilh you in the memo . The other point that he made ... the very last bullet point on the memo ... was reminding us that the design costs are not reimbursable , and can 'I be used as our required match , if we go forward . So , what • would happen is if ... I said a week ago , that we can always say the design would be good, we could always apply for federal funding under whatever program follows the safety project program we had in effect last year . But we did n't realize that , if we went forward , whatever we spent on design is not reimbursable , because if we spent it before the project is awarded ... so we would also then havu to match the conslruction on an 80/20 basis ... down the road . An, o, if you had a $500,000.00 project , you know, 20 % of that is just anoth er $100 ,000.00 . So , if we didn 't get it, we c~uld end up down the road wi th that des ig n and still be into that project $180 ,000.00 . I wanted ye J to have that apdated information before you had this discussion l11is evening . Mayor Woodward said I had a little problem in the charts and understand ing what is here . What our streetscapes are ... our enhancements , according to the project type . Then they have , you know , bike/pedestrian , new grade , bi ke/pedestrian new path and they have th em broken down in different ways , obvio usly ... operational. And what I am trying to figure out...and Wayne , yo u may know too ... under enh ancements , that is a separate category than all these ot hers are , is that correct? A,1d under lhe enhancements , that I see on th e first page , th e eligible proj ecls ... the backup list funding , there are three projects ... two of which are ours and one which is Casile Rock . Castle Rock asked for a million dollars and th ey are only eligible for SS00 ,000.00 . We have asked for $600 ,000.00 and we are only eligible for $500,000 .00 and then the other one is th e med ian s ... Jeffer son to Quincy which is a mu ch larger number , which we have taken ~ff. Looking at that and then coming back and looking at some of the stuff that was selected , it just appears on these sheets , that if some of these aren't funded ... and some of them appear that it is a pretty good chance that the y won 't be ... based upon what I have read and heard , Eng lewood sta nds a fairly good chance , maybe a better chance than I thought a week ago in reading th is and lis teni ng to th is. Unless I am missing someth ing com plet ely , Wayne , regarding this . So it seems to me , and of co urse , as it has be en mentioned , we can withdraw from th is at an y ti me if something W1jre to happen . Director Kahm said that is lrue . Mayor , what we did is when DRCOG contacted us , we had to noti fy them by June 1" whether we wanted to be in a backup situation . So we went ahead , because we couldn't meet with you quick enough , so we went ahead and put the projecls on , because there is no penalty for withdrawing at any • ooint. Mayor Woodward sa id so th e worst case scenario is we are loo king at investing $80,000 .00 in a set of plans that. if we are not able to do now , we woul d be able to do in lhe future at some time .. an investment in Dislrict 3, Englewood City Council June 15, 2009 Page 14 south of 285 on Broadway , with probably some minor changes or something , certainly minor compared to the $80 ,000 .00 numbe r. Am I correct with that statement ? Director Kahm said I am not sure that I totally follo wed you there . Mayor Woodwa rd sa id you 're not su re what that statement was? What I am stating is that the plans that we are lookin g at to pay for out of pocket at $80,000.00 , we can utilize if we do not gel this stimulus gra nt money , we can utilize that at another time ... whether ii is five years or ten years ... down the road , with possibly some minor upgrades to that drawing . Director Kahm said that is ab solutely tru e. The shelf life on those drawings is lengthy. Mayor Woodward said ii is an investment in the future on South Broadway , south of 285 m Dist rict 3. Director Kahm said it defin itely would be . Council Member Mccaslin said how long are the plans good, I mean , how long would someone say these plans are good? You say 5 or 10 ye ars or indefin itely or? Director Kahm sa id the design would doveta il in with the new planters that we 're putting in at the south end and would also follow the med ians that were built from 285 all the way up to Yale . So , I can only look at the medians that we built in 1975 and 1976 and those plans were good for 3 long time . Yes , I think they are good for man y years . Mr . Mccaslin sa id 20 years ? Mr. Kahm said probably, sure . Council Member Jefferson said wh at ir, the life of a med ian , generall y? I think we have talked about this , but I can 't remember. Director Kahm sa id 01 1 th e medians ? Mr. Jeffers on said yes ... generally . Mr. Kahm said as far as the physical construction , ii is probabl y 20 years ... 25 . II lasted a long lime. With any of those med ians , the big issue has been being able to ma intai n the landscap ing in them , because you put ii in and ii is overgrown after so many years and I'm not... that is not my specialty. As I've watched over the years ... atter maybe 5,6 or 7 years , you start having to trim them back and maybe replant them . Mr. Jefferson said thank you . Council Member Oakley said okay , I am go ing to look at th is just a little bit different. Of course, my statements , I bel ieve, at the last meeting involving the happenings of DRCOG , probably has brought us to th is point I still feel lhat...and given Rick and Dave 's memo for tonight's meeting , that ha sn't changed my opinion any at all and maybe even substantiates it more . An investment in the future ... th at is a good way to put ii, Jim . And I would agree to that ... if times were a little bit better , but I look at ii th is way . If we were pla nning on do ing those th ree blocks of islands on Broadway now and we were go ing to pay the full pop , there would be no way that we would be sitting here thinking we could appropriate $600,000.00 to do that project. There is not chuck holes involved , the re Is noth ing to damage cars ... ii is esthelics . And I th ink in some areas we are not going to be able to afford debts for awhile . And this is such a long shot. I just can 't see tying up $80,000.00. We have other places we can use that right now , that nee d it more . And if we go ahead and put this off as a reg ular TIP project...al ong further down the line , do some of these design costs, wou ld tha t be ... could we roll back that program and obtain the design costs al that lime ? II wo uld just lake a little longer to do it. Director Kahm sa id ... Wayne , the normal federal programming , we would apply for , like we did at the south en d, we would apply for a pr~ject that would ,, ,volve design and then follow up with construct ion and then we would pay 20% of that total bil l. Counci l Member Jefferson said th is one is also an 80120 , is that correct? Is that what I he ard you saying? Director Kahm sa id no , under th is program , under the stim uh1s program . if you do the de si gn and you are selected , then they pay 100 % of the con stru ction . Mr . Jefferson sa id okay . Co un cil Member Moore sa id let me cl arify , because I am confused about the 80120 fo r a norma l. poss ibl y future proj ect. I thought the last bullet on this memo was saying we will always pay 100% of the des ig n costs . Director Kahm said what he is say ing Is that if we spe r,d our money on the des ign then that money can 't be used as a match in future safety project programs . So you would have that $80,000 .00 spent and the n if th ere wa, $500,000.00 worth of construction, you would still have to pay 20% of that. • • Council Member Moore said let me clarify , Rick If wa spend the $80,000 toda y, is ii not eligible for th e co-pay later because we spent ii today or because it was for desig n costs? Director Kahm said ii is beca use yo u spent ii before ... wi th any of tho se federal programs , any money you expend prior lo gett ing the grant , is not el igible for the program . II has always been that way . • Englewood City Council June 15 , 2009 Page 15 • Co un ci l Member Oakle y sa id tha l was to keep ci ties from using projects tha t the y were go ing to spend the ir money ... and the y sa id no . let's spend the governmenl's money now . And thal Is th e reason and the y sa id the y would app ly ii to everyone . Coun cil Membe r Moo re sa id you kno w. I don 't want to beat th is one lo death , but fo r me , th is is the deciding facto r, so I wan t to be abso lutel y clea r. Becaus e, I thought in some ea~ier discuss ions we had ... I came away wi th the impress ion that if we wailed to do the project later, we would likel y spend 80 grand on the de si gn cost and then for the $5 00 ,000 .00 of construction , we would be paying 20 % of tha t. You 're Ind icating we would pay 20% of the to lal. So. if I may pick up on what Wayne was saying , we can spend 80 now ... at a shot of $500 ,000 .00 ... or , and I don 't know how mu ch of a long shot , but it doesn't sound a given ... if we just wai t, and plan for th is later , we expect to be pay ing , I think I calculated $116 ,000 .00 when we get funding for it later using the 80120 . So , I would agree with Wayne , rather than lock ing up $80 ,000 .00 now, on an outsldP. chance , and if we don 't get the fund ing , we end up spend ing more , because we will spend $8 0,000 .00 plus 20 % of the $500 ,000 .00 , so now we are al $180 ,000 .00 on the total project. It's a better bet just tabling th is and wa iting until we 're read y. All that ana lysis is contingent on them paying 80 % of the des ign cost in the future , wh ile we are paying , you know , versus the 100% now if that is the anal ysis ... th is is a lot eas ier than I though l II was goi ng lo be . Mayor Woodward sa id well I th ink the other thing is whethe r that $500 ,000 .00 now, is $500 ,000 .00 in lhe future . My guess is that ii isn 't cl ose , because of the va lue of commodities . I lh ink wh en you orig inally bid this out or guessti mated ii out, you were at $600 ,000 .00 , and that was less than a year ago . Director Kahm sa id we felt that the construction could be done for $500 ,000 .00 , based .. Mayor Woodward sa id when you orig inally did it? Mr. Kahm said yes , originally we were thinking $600 ,000 .00 . Mr. Woodward said and that was how long ago ? Mr . Kahm sa id we put these numbers together last fall when we fi rst started • chasing all the stimu lus money . I mean , we had put in fo r a lot of projects then . Mayor Woodward sa id okay . All I am try ing to say is the $5 00,000 .00 ... il is an opportun ily ti me right now . II Is the same way wilh the 72 or the 80 on the des ign plans . Thos e aren 't go ing lo be th e same 5 years down th e road ... if you get TIP money then . If I am re ad ing th is rig ht and help me Rick. I don't see that we are competing with a lot here other than ourselve s. Direclor Kahm said what the y were saying was , that lh e,e were 8 enhancemen t projects lha l were alread y selected and he doesn ''. feel that th ose projects are going away. He hasn 't seen anybody sugges t tha l they are go ing to drop ou t. And I can 't te ll yo u whic h 8 projects th ey are, Ma yor . I reall y don 't know. Bui he felt lik e that what we would be ban k;ng on is that those 8 projec,s would go to bid ... some will bid shortly and tha l at besl there might be , because of the market , might be a 15% savings . And lhat is the money tha t would be ava il ab le that would probably fund one more project. And his guess is that if we left our project in, we would probab ly be in a gro up of 5 to 10 projects that were on the wa iti ng li st in the ba ck up position. Coun cil Member Wil son sa id from money left over from the first 10, or whate ver? Direc to r Kahm sa id so mat h would tell me th at our chan ce s are so mewh ere between 1 and 5 an d 1 and 10, if th ere are sav ing s on those ot her 8 projects . So , Cou ncil Member Wilson sa id 1f there are no sav ings fro m th ose projects, bec ause of cost reduclion s now , then there won 't be any money ? ,Ir. Kahm sa id thal is correct , but the other poss ibility is that the fed eral governmen t will rel ease more mone y in th e program . And then your project is read y lo go and you would ha ve a shot. Counc il Member Wilson sai d and I gu ess I had such a stand last we ek on not wanting to ~pend the money because of the time ... but then I look al the benefits and our econom ic development and with it be ing someth ing that maybe we should be look ing at for th e south end, beca use even though we are partnering with BID , if we • coo perat ive ly work ed tog eth er on the north of 285 , but haven 'I done ma ybe enough on the south en d to st imul ate bus ines ses co ming in . So , now I am kind of caught between a rock and a hard spot...mysel f. Englewood City Council June 1 t, 2009 Page 16 Council Member Jefferson said I don 't know that I look at this as so much of an economic stimulus kind of a thing . I think , generally , most of... I mean ... l didn 't really see a large economic impact on the north end when these came in . In fact , I heard a lot of business owners complaining about them . But , I think , there is probably more of a safety issue in traffic and whatnot . you know ... that has probably a little more legitimate reason for bu il ding these things . Council Member Wilson said I just think , you know , it is probably like esthetlc looking at... we haven 't done really much down there and therefore , in a way , we are kind of paying the piper ... but we have a lot of vacancies . So , maybe investing in that would help stimulate . I don 't know . Mayor Woodward said I think on the south end , north of Belleview when you put those in and had the neighboring businesse. come in and meet, I think with the car dealers down there . Was that a fa irly positive type of response that you had to that project? Director Kahm said I think so . You know, we included those businesses in the processes of me eing forward . And of course, at the same time we were upgrading all the street lights on Broadway for that whole area , so I think we had a substantial im pact down there . Mayor Woodward said and we have already done the street lights between Qu incy and Tufts . Council Member Oakley said okay, just remember this , ifwe were sitting here talking about an Englewood project that you wanted to invest in and w,, decided to invest In it, and we put up the money , we know it Is going to be done . When you start investing in projects of stimulus money coming out from the federal government , that you don't even know is going to come and you don't know how it is going to come ... you know it is going to be filtered through DR COG ... and the rules can change at the next meeting , we are gambl ing on putting up $80 ,000 .00 and not ever knowing when we are going to get our return . I will guarantee you that. Council Member Mccaslin said okay , let me ask you something anyway . What is the prospect of finishing this project? Is it Indefinite? Is it 5 years? Council Member Oakley said whenever we have the money ... whenever we can apply for another TIP . That should continue ... that has been going on for years , irregardless of whether this stimulus package works or not. We are all hoping it does . But what are they saying , that they have only been able to spend 10 or 15 percent of that money . And when they first started talking about it , they were going to have them ready to go in 30 days . This is simple as far as I'm concerned . Council Me mber Mccaslin said if we are go in g to do the project anyway , I mean we are going to have to come up with money anyway , aren 't we? Mr . Oakley said some time , but that is In the good times , this isn 't good times . Mayor Woodward said I guess where I would come from this ... is if we truly believe that this is ... as an investment in the future , as an investment In infrastructure in the future and this fits right into , ,n my op inion ... in my mind , what the L TAR fund was all about. Council Member Oakley sa !j inat is a good point , but have you ever heard me argue aga inst infrastructure ? The comment was made : •,o , I haven't. There was laugh ter. Mayor Woodward said but it ,s one that , you know , when you are looking at US 285 and south , it is a different ne ighborhood than the his ;orical part of 285 and north . It is where there are some real opportunities , I thin k, in the future . For me , I am willing to take that gamble . And the worst case be ing , that we have the plans ready 10 go . It Is shovel ready and they are ready to go . • • Cou11cil Member Mccaslin said you know just driving up and down Broadway and I know what you are going to say Jim , there Is less occupancy south then there are north and maybe this is the opportun ity to help that south end become a more viable , you know, part of our commun ity , as far as the business owners . I mean, there is , • right across from the United Method ist Church ... almosl that whole row is empty . On the other side of Qu incy, I mean , there are many , many empty , unocc uo ied places where , you know, we start cleaning up there . Like I say , right now It esthetlc and it's tht-money and I know but it is an investment. • Englewood City Council June 15, 2009 Page 17 Mayor Woodward said and what 's amazing about it , is that the area from Kenyon to Chenango out performs area two , wh ich is Broa dway ... year , after year, afte r year on sales tax . So , it is a differenl type , but it is an opportun ity and there are some neat opportunities that I got to see th is weekend ... this past weekend, in Kansas City . Council Member Wil son said I had a citizen call me last night and he cons iders the whole south area bl igh ted. He th inks it loo ks so bad . And he said ... what are we do ing ? And I'm like , well maybe this is the opportun ity , .. I don 't know , to invest in that. Council Member Moore sa id if I thought there was a 75 % chance we would g ?t the funds , I would take the gamble and do th is, but that is not what I'm hearing and you know , Jim .. Mr. McC'sslin said what pe rcentage are you hearing? Mr. Moore sa id 1 in 5 to 1 in 10 ... 10 to 20 percent chance . .. J we are way on the other end and then , you know, Jim you characterized the worst case that sits on the south. I would say the worst case was we would spend $80,000 .00 now and then at the end of the da ,•, we have to spend an extra $100 ,000 .00 later because of the way we .. , well , if I've got that wrong , I guess we lost the 60 , In the end I th ink we might end up spending more , because we took that $80 ,000 .00 in design and took away the opportunity to get the 80% match on ii. Mr . Mccaslin sa id right. So , Mr . Moore said , for those reasons , I'm not pre pared to move forward with it tonigh t. Council Member Oakley said it would be so much easier if we had a developer saying if you will build th is street into this property , I guarantee you that I am going to build this there a,1.1 this Is going to bring th is economy up, but there is no ... ,if you have property owners alon g that stretch that sai,J ... if you would put in these islands and beauti~• th is area , I know that I can do something with these ~ropert ie s But we don 't know if putting in • islands ... that most people don 't pay any attention to when they are drivin~ to work , as long as they are not hitting chuck holes ... would do any good at all. Ms . Wilson said well we do hear the complaints ... how bad they look . Mr. Oakley sa id well not just the islands , they are ,alk ing about the whole area and some of that has been improved . Ms . Wilson said yes , Mr , Oakley said in just the last year , Council Member Wilson sa id (to Di recto r Kahm ), .. so you don't think that this is a good 'dea . Comments were made that were unclear an d the re was le.ughter , Director Kahm said let me tell you , Mike Flaherty and I have been chasing stimulus money since we first started talk in g about it way last fai l. It was disheartening to go to the State meetings in December , because projects had to be sho ve l ready and that meant, they had to be designed to federal standards , they had to have right-of- way clearances , they had to have env ironmental clea rance s and the State had 2 billion dollars worth of projects ready to go. And there was 500 millio n e,pected to come to the State . II was really cl ear, way bac k when, that we weren 't fitting into that niche . Then we got into the block grants and guess what , we are not 35 ,000 people , so we missed that w~,ole thing . Did you ever look at that list of people that got funding for projects , you know ... and we are too small , And then we were told we could go throt·gh Arapahoe Co unty , but we tried Arapahoe County and they weren't do ing an y, so that di dn 't work , Th is is th e closest we 've co me to having a shot at an y of th is money , But it is a gamble and the numbers , John , the 5 one and 5 one in 10, th ose aren 't my numbers , those arc in that memo from Steve Rud y down al DRCOG . That is the way he pictures ii. So he sees it, you know , as a possib ility but it is a long shot. May or Woodward said but didn 't he also make the stateme nt that there may be additional stimulus dollars toward the fall ? Director Kahm said there may be , The other thing that may happen is the President th ough t it was going to be really easy to get that money out in circulation . What did you say Wa yne , there were 15 percent out there? They have had trouble getting it out the re . It is hard to move through the federal bureaucracy . So , there may be other projects nat ionally , but they just don 't happen , And so , there could be mon ey becornol! avail able . • Council Member Oakley said remember I told you , DRCOG got 150 million dollars worth of requests and the y had 55 million lo spend . So that means 95 millio n went unfunded and no matter how far down the line that would go, ii is not going to get down to these small project s. Unles s, DRCOG steps forward. Remember in the Englewood City Council June 15, 2009 Pag• 18 meet ing s some of the smaller cities like this spoke up and so:1 ... th is doesn 't look like the smaller projects are going to get any consideration . And everybody bas ically admibed it. They sa id okay , let us spend this money on some of our bi!iger projects right now , having to do with transportat ion and if there is ever any money coming back that is availaL,le , we will remember you small guys . Okay . I've got to see that . Mayor Woodward said it is a totally different board ... every year . Mr. Oakley sa id yes . Mayor Woodward said that was where I was trying to get though . Wayne , are you clear on .... because I am not and that is why I was asking Rick ... on the -=ategories where they say ... blke paths ... because when I talked to Steve Rudy in February regarding bike paths and stuff ... he says that is a spr.cial little part and then this was called enhancements , wh ic h is ... I assume ... another special little area ... Mr . Oakley said I don 't remember that be ing broken out in that particular order ... no . Director Kahm said ... if I could , Mayor ... the total for the State was $55 .9 million and that covered five rl ,fferent categorie s of projects . Enhancement is only $4 . 7 million of that $55 .9 million . So , one-eleventh of it. Mayor Woodward said okay . Directory Kahm said he also told us he didn't see the poss ibility of money moving from one category to a different category . If one category ... if the projects fell nut...lt would be funded in the same category . Council Member Oakley said you know that I am not bashful and if I thought there was any way that we could get any of this money , I would be running up and down the tables . And believe me ... I never got op from my chair. I felt slapped down , from the very first minute . Council Member McCasl i,1 said that changes my perspective , because you have more of an insight In what • DR COG Is telling you . What you are perceiving in the room ... it looks like ... you know. Council Member Oakley • said if I don 't tell you how I feel about this , you are not going to know. Because , I'm the one you are sending down there . Mr. Mccaslin said I appreciate that , I appreciate that... because at least you have an idea that it is a long shot. Council Member Jefferson sa id ... with that being said the benefits j ust aren 't that great. Mayor Woodward said are we ready to call the question ? Council Member Moore sa id I would lik e to make a motion that we table th is item .. table it until something changes in the env ironment. Council Member Jefferson said I would second that. Mayo r Woodward sa id well there is noth ing to table , becaus e .. City Attorney Brotzman said could you table (ii) and (iii) if you do that? Coun cil Member Wilson sa id ... aren 't there deadlines ? Mayo r Wood wa rd sa id aren 't there dates when this is due ? Counc il Member Jeffe rson said the rules might change ... it is possible . Director Kahm sa id actually Mayor, we would have to have a complete federally approved design by August 3". That is why we are here tonight. Mr. Moore said I understand that. If you learn some great, new information tomorrow then please let us know and we will act quickly . Council Member Moore sa id ... l'm sorry Dan ... you were as ki ng? City Attnrney Brotzman sa id if you could do (c) • (ii) and (ii i) at the same time ... (iii) is a contract that would be awarded und c, (ii). Council Member Moore sa id I will rev is e my mo tion . • Englewood City Council Juno 15 , 2009 Page 19 COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED , TO TABI .E AGENDA ITEMS 11 (c) (II) and 11 (c) (Ill) TO A DATE UNCERTAIN. Mayor Woodward asked if there was any further discuss ion . There was none . Vote results : Ayes : Council Members Penn , Mccasl in, Moore , • · ~erson , Wil son , Oakley Nays : Mayo r Woodward Motion C'l rried . Director Kahm said thank you . Council Member Oak ley said I wou'.d just like to make one comment on that. If the majority of the Council would have liked to have gone along with that project ... I would have, in the end , too . But , I felt that I had to let you know what happens down there at DRCOG . Otherwise , there is no sen~e in me going to the meetings . Mayor Woodward said I understand . I have been at those meetings and I have been at Metro Mayor's Caucus Meetlngs ... so I understand what you are talking about. (ii i) A recommendation from the Department of Public Works to authorize , by motion , a Professional Services Contract with Hedrick & Associates for the design of "South Broadway Medians -Qu incy to Tufts" In the amount of $71,857 .80 . T~I• Agenda Item 11 (c) (Ill) waa tabled Indefi nitely. See Agenda Item 11 (c) (II). .12. General Olac11a1lon (a ) Mayor's Choice (i) Mayor Woodward said I v•ant to mention that I attended the First Tier Suburbs Stee ri ng Committee Conference In Kansas City this past wee kend . We toured eight different suburbs of the Kansas City area . They have a First Tiar Suburbs Council there that is pretty active . DRCOG has been talking about ii for a '•w years and I don't think they have ever put it together. But after seeing what's going on in Kansas City , it Is certainly something r•at I want to exp lore further . One of the main things that was discussed was this Form - Based Zon ing . Denv er is go ing through th is right now with their commercial zoning . Alan helped me a lot to understand what little I do understand about it But it is ma inly about the bu ildi ngs , as opposed to the usage wit~in the bu ildings . So , numerous suaurbs and cities are looking at that type of zoning . We have done a part of that ... a small part , in our med ical small area plan ... not the whole ball of wa x. (i i) Mayor Woodward said I want to mention that our new pedestria n bike bridges are now open as , I belie ve it was ... last Tuesday . They are reall y quite the pieces of work . Jerrell was kind enough to take a couple of pictures and e-mail them on . He e-mailed them to the South Platte working group people and the County and got some really nice comments back , by e-ma il, regard ing peop le that have gone down and seen and po inted out the historical effects of using some of the flagstone from the prior City Hall . So , if you haven 't seen them. you should go and see them . The golfers at the Golf Course want it... want th e one down there . Unfortunately , they can 't have it...as we util ized grant mo ne y ... so , we can 't change that. But they real ly are excellent. They are the nicest bridges on the Platte River rigt.t now ... in my op inio n. (iii) Mayor Woodward said with regard to Emme Putnam and Dorothy Haefeli and Centenn ial Park ... another interesting thing ... I was tal kin g to Jerrell today regarding the off-leash park lssues ... Jason Park speclfically ... and we did get around to Centenn ial and stuff and ... although Duncan and the Northwest Greenbe lt area have not had any compla ints over the years ... Cente nn ial has had a min imal number , • wh ich I believe is under half a dozen . So , th is kind of ca:ne as somewhat of a surpris e to me ton ight to hear from Dorothy and Emme . Englewood City Counci l June 15, 2009 Page 20 (iv ) Mayor Woodward said ... Kim wilh regard to ... when we get presented with someth ing to review during a Council meeting ... ! don 't have the opporturi,y to read it, because I am try ing to run the meet ing . But with ,egards to what I think I heard .. ,hopefully , you are working with Parks and Recreati on ... discussing this with them . With regard to the pla yground areas and dogs ... playground areas are off-lim its , as you know ... to all dogs , at all times ... on-leash , off-leash . That the children's playground areas and if there are sporting events going on ... on any of the sporting fields ... that is ... practices or games ... of course .. ,off-leash is not permitted on those areas either . I apprec iate what Englewood Unleashed is trying to do in moving forward and looking at some of the buffering and things like that and I guess I will kind of leave it right there . (v) Mayor Woodward sa id I wanted to mention that the Concert Series , I believe , starts th is week in the Amphitheater, on Thursday evening at 6:30 . I don 't have the name of the band ... but they are starting Thursdays at 6:30 . Hopefully , the rain will end this week . (b) Council Members' Choice (i) Council Member Penn : 1. He said Dorothy and Emme are not here , but I would like to thank them for their comments . 2. He sai:!... Kin•, tha11k you for the newsletter . I will , also , try to digest that this week . I think with the week or two that we t:ave had prior to this ... possibly we do an inventory or a survey of the people that utilize th e park , the people that live around the park and, of cou rse, our dog friends . I'm trying to see what the climate is right now with what is going on in our parks ... with leashed or un-leashed ... and see where we can go from there . 3. He said I'd like to thank Jerrell , Bob Spada , and the entire staff over there, for hostin g our Golf • Tournament on Friday . They did an excellentjob ... not only in helping us set-up ... doing all••·~ Nork that we did • and the course was absolutely great. And Jerrell. .. I don 't know whether you did a dance or ~omething ... but you got us great weather that day . Jerrell if you would pass that on for us ... thank you so much . (i i) Council Member Mccaslin : 1. He said ... Kim, I app reciate going to this trouble , This takes a lot of pro -activeness ... you were at the last meeting and you heard the concerns about Jason Park a· " so forth . Instead of sitting on your laurels you 've come up with some recommendations that would help . I ,l •· lly appreciate the effort that you have put into this . I hope you continue to do this , because it is a very positive stee toward the problems that are be ing addressed to the Council. Thank you . 2. He said I would like to request $2,000 .00 for the Gold Sponsorship !or the George Allen Chamber of Commerce Golf Tournament. This is a budgeted item , .. with a 20% fee re •Juction . This is Englewood 's portion to pay for the Gold Sponsorship . COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO REQUEST $2,000 .00 FOR THE GOLD SPONSORSHIP FOR THE GEORGE ALLEN CHAMBER OF COMMERCE GOLF TOURNAMENT . Mayor Woodward asked if there was any discuss ion . Council Member Penn said I th ink the Chamber is trying to do the ir part and thank God I don 't have to be the Executive Director anymore . Their whole goal , of course , is to reduce our dependency upon the City of Englewood and part of the goal is to reduce our budgeted item by at least 20 to 25% on everything . Hopefull y, that will help in these times and people will understand that we are trying to do that. It was a tremendous tournament and it did show off Englewood very well. Mayor Woodward said I just wa nt ed to cla rify , Bob , wha t yo u had said ... nat these are fond s that were appro ved and appropri ated through the budget process las t yea r In 2008 ... for 2009 's budge t. What you are ask ing for is 20 % le ss th an wha t was actuall y appropriated for th is. Mr . Mccaslin and Mr . Penn said that is co rrect. • • Engl 11wood City Council June '15, 2009 Page 2·, Mayor Woodward asked if there were any other comments or discussion , There were none . Vote results : Motion carried , Ayes : Council Members Penn , McCashn , Moore , Woodwarj , Jefferson , Wilson , Oakley Nays : None (iii) Council Member Oakley said Kim, I had a chance to look at your bulletin and it looks Ii~~ y~u have some pretty good ideas . Hopefully , we will be able to discuss this more at our Study Sess ion , coming up , on dogs. I also noticed , in the City Manage rs notes , th.·! Jerry Barton had sent a memo to Dave Lee with some recommendations for testing th is stuff at Jason Park ~nd , hopefully , they will come up with soluti ons . I assume that we will enter Centennial into the discussion , as well , and maybe some of the ideas you have for Jason Park will work at Centenn ial Park , because listening to the two ladies tonight, it sounds as if they are the same problems , just a different park . So , if we can come up with something that will solve the problem in ~ ,., park ... maybe we can solve the problem in all of them . (iv) Council Member Wilson said I just wanted to thank Kim and the rest of Englewood Unleashed for stepp ing up and being proactive . I appreciate it. We are go ing to have a Study Session ... I don't know what our date is ... to discuss these matters . Hopefully, we can partner like we have ,n the past, to come to a solution . (v) Council Member Jefferson : • 1. He said I wa nted to thank Dorothy and Emme for bringing their comments forward . I, too , was somewhat surprised by them , I had never heard the complaints about Centenn ial... most of them seem to be focused on Jason . However , perhaps that is something we can discuss , as this dog issue seems like it will be • discussed in more length . 2. He said want to thank Kim for his efforts over there at Jason . When I was over there this week, I tried to ta "· to a couple of the dog owners and they said Kim has already been here ... we know. So , he beat me to the punch and I Just wanted to thank him for that. 13. City Mar.ager'• Report Depu ty City Manager Flaherty did not have any matters to bring before Council. 14 . City Attorney 's Report (a) City Attorney Brotzman said Jerrell and Rick have been patiently wailing to talk about Pirate 's Cove , So , if the ; can start this out , I would appreciate it. Director Black said in your packet, last week . we had a brief note about Pirate 's Cove and I wa nte ,1 to give you an up<1ate as to where we are today and where we will probably need to go later . Last wee k we found a leak in one of the inlets at the leisure pooi . We Immediately got with our aquatics con sultant and they gave us a bid to repa ir the leak . We called in Public Works and we notified CIRSA , our in su ra nce carrier. We got together on Tuesday . Ric k Kahm and his staff were unbelievable in terms of providing immediate response . They had a structural engineer there ... they had all of their staff. CIRSA had a forens ic engineer at the site ... track ing and documentin g everything that was occurring , V.d did find a broken pipe at the inlet that went bac k about four feet. CEM . who is our aquatic ma lnte nanci consultant, went In and made the repair. Mr . Kahm and his staff , under the coordination of the structu ral engineer , had to tear out part of the deck ... about 50 feet of deck . We had to re -pour the concrete and we were able to <lo all of that within 48 hours . The pool was closed Wednesda y and Tk•rsday and we opened back up on Friday . The repair that was made ... the concrete . in add ition to the repa ir to the pipi ng .. ,is approx imately $40 ,000 .00 . The repa ir is a temporary repair, We will have to go ba ck in at the end of the seasJn and ta ke out what we just put in, One of the problems with leakage , that has been Englewood City Council June 15, 2009 Page 22 occurring for awhile, is the wall between Pirate 's Cove and the park ... struct urall y ii comes up , like this , and the bottom comes out from the water seepage there . To rebui ld th at wall , as protection for the park ... Pirate 's Cove and the separation part there ... will be at le ast $100 ,000.00 . That does not include the demol ition . We bel ieve the final cost of the total project will be somewhere between $150,000.00 and $200,000.00 . The preliminary res ults ... the documentation ... from the engineer's hired by CIRS A ... indicates that the workm ansh ip , by the Genera l Contractor , was not according to speci ficati ons that were In the bid documents . As a re su lt , ii looks as though our insurance carrier, at this time , will not pay for the repair. I think Mr . Brotzman is going to ta lk a fe w minutes about the litigation that we have in mind , but I just wanted to bring you up-to-date as to where we are now and those repairs are temporary and we will need to do the permanent repa irs. In fact , when CIRSA's engineers were out. .. it looks as though we will have to replace more of the dec k than we did last week . So , thal is kind of the status of where Ne are ... as of today . Ric k, did you want to add anything to th at? Di recto r Kahm sa id Jerrell , I think you have covered it well. One th ing we can assure you is Iha' the structural folk s looked al that and the wall is not catastrophic . It is safe . It will get us through the rest of the season . To make sure thal it is safe , they will mon itor it continuously all summer to make sure there is no movement in the wall. We have built a second , inte rior fflnce to keep people at least three feet from the outside fence ... to keep peopl,1 out of that area . Today I did reca iv e a proposa l from the struc tura l eng ineer for the work he has already done, nd the work to monitor th is summer and the des ig n work ... in the amount of about SJ0,000.00. I got with Mike a,,d we hav e approved that and the monitoring started today . So , we are on top of it. City Al 'orney Brotz man said both Jerrell and Rick did a terrific job ... one , taking care of our facil ity , gelling it back open ... they also did a really nice job for everybody concerned ... because ii is also a revenue generator and we would be losing money for every day that the fac ility is not open . So , that is the short term issue ... we , obviou sly , have a longer term problem . CIRSA, also , was very respons ive ... they got people out there and they have been talking to us . Every1 hing is verbal right now . HR submitted a claim , after they did ev ery1hing verbally . We are hearing that CIRSA is going to deny that . We only have a verbal , we don 't have it in writing yet. My understand ing is that they are eithe r looking at a pipe that was the wrong size or ii was encased improperly . The question becomes ... is that a contract or a warranty issue or a neg li gence issue? If ii is a contract issue or a warranty issue ... those are not covered ite ms . Negl igen ce issue s are covered . That is what we are looking at. .. bot h for th is pipe and for the wall that w,11 have to be fixed in the future ... we are also .look ing at. .. did they put pipe somewhere else improperly in the fa cility? You can't find that out , until there is anothe r leak. So , what we are also going to be looking at are other statute of limitation 's prov ince . One of the problems is , if it is a contract issue or a warranty issue ... those are barred . Negligence is sues beg in at the time you find the problem . So , no t only does ii give us insurance coverage , ii also delays the trigger for the statute of limitations . That is what we are look ing for . What is under my section , is a request to use Dana Eismeier of Burns , Figa ... they do construction claims , they work on golf course projects , th~y work on other projects for us . This is a construction claim process ... ii is not that much of problem that CIRSA has said no ... because we get to select the firm that we would like . If ii turns out to be a tort , we will be resubm itting the bill to CIRSA , which they shou ld then pay the amount , les s our deductible . One of the things that we are go ing to have to do ... we too k care of short term and we were in a hurry . That means we did a really nice Job In two days ... we didn't have time to notify the bond company , the people who did the inspections ... the original contracto, We have to do all tha t. That Is what Dana will do and work with us . Obviously , that Is go ing to be a negot iation , before we file any lawsuits . We are gain ~ lo lalk to everybody and , hopeful ly, they will agree that th is is something that was wrong and is their respons ibility . If not ... we are asking for the ne xt stage ... which is to actually file a lawsuit. So , thal would be my motion .. lo hire Burns , Figa ... specifically Dana Eisme ier , lo pursue the cla im for damages at Pirate 's Cove . COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO HIRE BURNS , Ff GA & WILL , SPECIFICALLY DANA EfSMEIER, TO PURSUE A CLAIM FOR DAMAGES AT PIRATES COVE. Mayor Woodward asked if there was any discussion . Council Member Oakley said if it was the result of the contractor not putt ing the pipe in according to specifications ... then would the inspector ... would ne gligence be the terminology that will be used there ? City Attorney Brotzman said that Is what we are going to have to look at. Obviou sly , the inspector doesn 't inspect • • • Englewood City Council Juno 15, 2009 Page 23 • every pipe , every day ... so , we are go ing to have to pull out all the contracts and go through .. and we are also going to have to look at what the industry standard is . Mr. Oakley said okay . • • Mayor Woodward asked if there were any other questions . There were none . Volt results: Motion carried . Ayes : Council Members Penn , Mccaslin , Moore , Woodward , Jefferson , Wilson , Oakley Nays : None 15. Adjoummont A.,., • .,,,D, ,w,,.· A . .,"~°"" .I'°'" Th,•~•• .a,,m.a "" , m