HomeMy WebLinkAbout2008-03-17 (Regular) Meeting Minutes• ENGLEWOOD CITY COUNCIL
ENGLEWOOD , ARAPAHOE COUNTY, COLORADO
Rtgul■r St11lon
Much 17 , 2008
1. Call to Order
The regular meeting ol lhe Englewood City Council w I call ed 10 order by Mayor Woodward at 7:37 p.m.
2. Invocation
The Invoca tion was given by Counc il Mern ber Mccaslin,
3. Pledge ol Alleglance
The Pledge of Alleg iance was led by Council Member McCas li n.
4 , Roll Call
Present:
Absent:
Council Members Jefferson , Moore , Penn , Oakley, Mccaslin , Wilson ,
Woodward
None
A quorum was present.
• Also p,esent: City Manager Sears
City Attorney Brotzman
Deputy City Manager Fla herty
City Clerk Ellis
Deputy City Clerk Bush
Director Kahm , Public Wo s
Director Gryglewicz , Finance and Adm inistrat ive Serv ices
Director White , Comm unily Development
Director Eaton , Human Resources
Deputy Fire Chief Stovall , Fire Departmen t
Police Commander Watson , Police Department
Field Operations Adm inistrator Nimmo , Public Works
5, Consideration ol Mlnutea ol Previous Sea ■lon
(a) COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER PENN SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MARCH 3, 2008 .
Ma yor Woodward asked if there were any changes or correc tions . There were none .
Voto results :
Motion carried ,
Ayes : Coun ci l Membe rs Penn , Mccaslin , Moore , Woodward , Jefferson ,
Wil son , Oa kley
Na ys : None
Recognition ol Scheduled Public Comment
Englewood City Council
March 17 , 2008
Page 2
(a) Mayor Woodward sa id tne Go Green Comm ittee . a group of parents and community members
from the Charles Hay Elementa ry School area . are present to discuss school ground improvements at Charles
Hay Elementary School.
Chris Laney-Barnes sa id I am the principal at Charles Hay Elementary . I'd like to just take a moment to have
the members of our Go Green Comm ittee , that are here this evening , introduce themselves . Jason , do you want
to start and please explain who you are . I'm Ja son Marion and I'm j ust trying to help the community to
implement some plans as far as new landscaping . My name is Ingrid Unruh and I'm a community member and
a parent of a child at Charles Hay and I would love to see that area , on the corner of Downing , go green . I'm
Chris Anderson and also a community member and parent of a child who goes to Charles Hay and I'm also a
teacher at Colorado's Finest Alternative High School in Englewood . I'm Jennifer Grady , a second and third
grade teacher at Charles Hay , but also a commun ity member with a four-year old that is in th e Englewood
Schools and will be going to Charles Ha y. I'm also a parent of a student, a kindergartener at Charles Hay , and
would love to see th is area become green and also have a garden in there , as well , for the child ren to learn . I'm
Suzanne McNamara Polla rd , a community member and a teach er at Charles Hay and I have one child still left in
Englewood Schools .
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Ms . Laney-Barnes said I would like to briefly give you an overview of our projec t. A couple of years ago , this
grou?, along with some othe r community members and parents , came to me and said we would really like to
see someth ing done with that back area of the schoolyard . It 's the area adjacent to Downing Street and
Eastman , on the school grounds . It's really quite an eyesore . At this point, it's full of stickers and no grass . In
fact, there is no grass on the school property. This piece of land sits adjacent to the tennis courts that are
owned by the City and also , Barde Park is to the north of the schoolyard . So, we started exploring what we
could do with this and how we might be able to raise the money for this project. We have been working really
hard to get some donations and we have been writing grants . One of the first things that this Committee did
was hire a landscape desi~ner to help us to son of put some meat on the bones of our vision . And so that Is th e •
book you have in iron! of you ... our concept plan, the master plan and we have a couple of drawings here . So
Suzanne is going to share sort of what our vis ion is , with you .
Ms . McNamara Pollard sa id the ideas came from parents and children , as far as what is needed and what we
would like to see to enhance that area . As Chris said , there is no available grass . There is Barde Park , which is
next to the school and it is lovely , but it is a City park and accessible to anyone at anytime with dogs and so on .
Th is area Is pretty large ... there Is a large grass multi-use area that we want to put in there that is circular and
then going around that is a track with crusher fines . The intention beh ind that was for it to both be usable . of
co urse , by the children of Charles Hay , but also the surrounding commun ities . That there would be kind of an
e>:ercise area , beyond just the playground eq ui pment that's there now. There are trees , because there is no
real shade in that area to su rround much of the area for art and shade structure , a dry stream bed . So , there
are a lot of different components to it and there are di fferent phases to it. But , initially , the firs t stage is to get
that grassy area In there and that will take care of a good chunk of what Is really just a br iar patch now . There is
some gravel on it, which would have to be dealt with , and to irrigate that. And th en, we will add the trees and
other exci ting elements .
Ms . Laney -Barnes said if yo u can 't see this draw ing on the easel , !~ere is a reproduct ion of the conceptual
drawing in the book that you were given . To dale , what we have Is appro xi mately $20 ,000 .00 in dona tions of
trees . We have the turf promised for half price . We have much of the irrig ati on ~1uipment donated . Jason ha s
a sprinkler co mpany and he is going lo be 01rr installer. He is going to be giving us some labo r at cost and
below . The Englewood School Board has already approved Phase I, wh ic h is the area down in the lower left
hand corner, the grass . So , they have already approved that and have sa id lo 'JS, when you get th is all
together , come to us and we will match whatever it is that you have In terms of donations ... we will do a dollar
match for that. So , we feel as if we are really very close to be ing able to go and see them In April . This project
is go ing to be a great benefit, not only to the school , but the commun it)'. You might notice that part of the plan is
to pu t an entrance there on the very corner with a small garden . As the Comm ittee visualized and dreamed •
a~oul this area . part of what we wanted to do was make ii accessible , usable and a great place for community
members lo com e, as well as kids . So ton ight , one of th e th ings we would like lo ask of you , the City Counci l, is
lo cons ider what you ha ve done for some of th e other schoo ls in th e Eng lewood School Distric t. You mo ve d to
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Englewood City Council
March 17, 2008
Page 3
put turf in . I don 't know if it was las t year or the year before, I suppose it would be the Pub lic Works
Department...they helped Cherrelyn with some of the ground wo rk ... amending the soil and preparing the
ground fo r the sod to come in , We have already talked to the Parks Department as I ment ioned , and th is project
fits very nicely with their Master Plan for imp roving and .xpanding Barde Park to the north . We feel that th is
project would be a benefit to everybody, a win for the school and a win for the community . So , aga in we would
like to ask that you all please consider helping us out with some of that ground wo rk, so that we can get our
project underway . Ms . Lan ey-Barnes asked if she co uld answer an y questions .
Mayor Woodward said I have a qu estion . When you say Phase I involves removing the gravel and preparing for
the grass area ... is that the area In the southwest corner? Is that wnat we are talking about ?
Ms . Laney-Barnes sa id yes sir. And as we talked to the landscape designer, we th ink that we can just cover the
gravel If we do the kind of soil amendment that 's happening at Cherrelyn . We th ink that is goi ng to be sufficient.
So , that is what we are tal king about...just that green space there on the souto•,::si corner .
Council Memb9r Wilson sa id what was the dollar amount of the donations? Ms . Laney -Barn es said at this point ,
we just found out this evening , we ha ve had another S10 ,000 .0ll in trees donated , so we 're up to about
$25 ,000 .00 .
Ms . Loney-Barnes asked if there were any other questions she could answer.
Mayor Woodward said if this is Phase I, how long do you see it taking to complete all the phases?
Ms . Laney-Barnes said w/J are relying an awful lot on donations and grants . This really is a grass roots
movement at its best. .. both literally and figuratively ... so it remains to be seen . And some of these plans may be
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modified somewhat alo ng the way . Our Initial purpose and mission was really to get some grass out there for
the kids and some shade . Yo u can see there is a shade structure in the plan . right now they have nothing on
the school yard where they play . And again , this will make ii a mu ch more inv iti ng place for the come,un ity . As
you kn ow , Down in g is a main street for people drivin g through Englewood and '1 does not pa in : a very pretty
picture of our school yard and community at th is point.
Council Member Wilson said how much money do you th ink you can get in grant,·? M• La ney-Barnes said that
remains to be see n. Right now we hav e j ust written a couple and they may bring us close to $10 ,000 .00 . But
as they come up , we will cont !nui ng to write , so we will just have to see .
Council Member Wilson said were y,u hoping to have a co mmun ity garde n here too or is that in a riifferent
phase? Ms . Laney -Barnes s,iid that is in a different phase ... we are in a discussion phase about that. Ms .
Wilson said ~kay .
Mayor Woodward said okay and thank you for coming tonight with the presentation .
Ms . Laney -Barnes said than k you .
Mayor Woodward said I would encourage yo u to sta y around to see if there is any discussion on th is issue
under Council Members Choice . Ms . Laney-Ba rnes said great, thank you .
(b) Frank Eakins , an Englewood res ident , said I am a ret ired Englewood Firefighter. I spent 25
years serv ing th is commun ity and I was permanently in jured in the line of duty . A yea r ago , I had to take a
di sa bility retirement from the State of Colora do throu gh the Fire-Police Pension Association . I am giving you a
co py of my retirement application from the FPPA . This is the employer's section , which was filled out by Human
Resources and signed by Ch ris Olson, confi rm ing that I was ta ki ng a reti rement. I am also giving you an
excerp t from the Colora do Rr,vised Statutes that refers to me as a ret iree under State la w. Article 26 of th e
• firefighter contract sa ys that "retirees " shall receive a $100.00 per month health insurance benefit. I received
th is ben efit for al mo st a year , and th en last month I got a letter from the City saying I would no longer be getting
the money Th e reason i wa,; given was that I took a disa bili ty retirement at age 53 Instead of a normal
Englewood City Council
March 17 , 2008
Page 4
retirement al age 55 . The contract doesn 't t ave any age restrict ions , but just says "ret irees·. Th is is the basis
for my discrimination com pla in t. The requ irernent th~t one be age 55 is discriminatory , because it was meant to
exclude anyone who was forc~d to ret ire earl ier because of a disabil ity . City pol icy , State law and Federal law
all proh ibit discri mination based on disability . The Americans Disab ility Act requ ires that emplo ye rs make
reasonable accommodations for employees with disab iliti es . I filed a discri min ation compla int with the Human
Resources Director 3 weeks ago . The City Manager and City Attorney were also informed that I was filing a
complaint. They could have changed the discriminator/ policy in one day, but they have chosen not to , so I am
forced to bring this to your attention . I am asking you to reverse this dis criminatory policy . If it is not reversed, I
will go to the Equal Employment Opportunity Commiss io n and the Colorado Civil Rights Commission , and file a
formal complaint on behalf of myself, and another affected retiree named Mike Grun inger. A couple years ago ,
Englewood was charged with disc rimination and fauna guilty by the Civil Rights Commiss ion . It ended up
costin g the City over $350,000 .00 . Th is time there will be two lawsuits instead of just one . If we have to file
formal charges , ii will be against the City Council and you w,11 have to explain why people with disabilities
shouldn't have the same righ ts as everyone else . Thank you for your time . Mr. Eakins asked if there were any
questions . There were none .
Mayor Woodward sa id thank you .
7. Recog ,litlon of Unscheduled Public Comment
(a) Barbara Bowman , an Englewood res ident , said I and a couple of our neighbors in the area I live
in , have some concerns about the property values over there . I know some Counc il members here stated
during thei r campaigns that they were going ta clean up Englewood and I just wanted to know what do you have
in min d. when is that go ing to start and when will we start seeing something? I mean , I've got neighbors that
have live d there for 20 some years, 30 years ... and people are moving out because of the slum lords that are
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coming in are renting the properties and letting them go down . We call Code Enforcement all the time for the •
trash ... they don 't pic k up after the ir dogs , they don't have trash cans, and there is trash everywhere . Coe.
Enforcement comes out, they get a little bit cleaned up and it goes back down . We've got wrecked cars that sit
out there constantly that aren 't licensed . They get a ticket , then they put a license plate on tt , but I don't believe
for a minute that it 'is a valid license . We would just like to know if it is going to continue, we are trying to clean
up . I mean , the sl um lord over there in that area ... he is just buying up every piece of property and he doesn 't
care . We have talked to him and he's just...oh well , I'm getting my money, I don 't care . So , do we have any
plans ? How do we go about seeing what is going to happen next?
Mayor Woodward said I would lik e to encourage you first to list your complaints and address the Code Adv isory
Comm ission . There have been numerous discussions going on , for some time now, regard ing exactly the
issues that you are talking about. .. and we did have a presentat io n two weeks ago , I believe it was , regarding
Code Enforcement and what is going on . So , I think it is very important and I would really ,,ncou rage you lo
address the Code Enforcement Adv iso ry Committee .
Ms . Bowman said okay . It is j ust that we see Keep Eng lewood Beautiful at work and there are a couple of you
that ha ve live d here your whole lives also and you kn ow what it used lo be like and it is kind of going down hill ,
as I think, some of us ha ve seen .
Counc il Member Mccaslin sa id we meet here at 6:30 on Wednesday ... every 3" Wednesday night of eac h
mon lh ... so this Wedn esday at 6:30 , if you could come .
Ms . Bowman sa id where was that ? Mr . Mccaslin sa id on the th ird floor ... in the City Manag er's Conference
Room on the third floor. Ms . Bowman said okay and they would have some agendas of what we kind of pl an on
doing?
Mayor Woodward sa id no , you would ha ve the opportunity to speak to them about that and discuss that in a •
more open forum than you do with Council right now . Ms . Bowman sa id okay , thank you .
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Englewood City Council
March 17 , 2008
Page 5
Counc il Member Mccaslin sa id we are look lng at different processes , tim ing issues and those situations that are
brought up by citizens .
Ms . Bowman sa id because I know the re are a lot or old Englewood resi dents that are seeing it go down hill and
we don 't like it, you know . As yo u know , once you are here you don 't le ave , or you come back .
Coun cil Member Oa kle y said do you have a specific address that you were talk ing about on yo ur block? Ms .
Bowman said yes , 4735 and they have been ticketed . I know they have had to go to court , but they know it is
not a big dea l. They know ihey then have another eight months . Like I said, you can talk to the owner and he
does n't care and he owns three on that block , I bel ieve .
Mayor Woodward sa id Sam , is th is the pr0perty that we have been working on? Commander Watson said I
would have to check the recorr.s .
Mayor Woodward and several Council members said thank you for coming . Ms . Bowman sa id tha nk you .
8. Communications , Proclamations and Appointm ents
(a)
considered .
A not ice from R.L. Lund ers announcing his resignation rrom the Liquor Licensing Authority was
COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER PENN SECONDED , TO ACCEPT THE
RESIGNATION OF R.L. LUNDERS FROM THE LIQUOR LICENSING AUTHORITY.
Mayor Wood.,ard asked ir there was any discussion .
• Mayor Woodward said I wou ld just 1ike to thank Mr . Lunders who has been on the Liquor Licensing Authority ror
a very, very long •ime . He has cha ired the Authority and has served the community very well .
Mayor Woodward asked ir there were any other remarks . There were none .
Vote results :
Motion carried .
Ayes : Counc il Members Penn , Mccaslin , Moore , Woodward , Jefferson ,
Wilson , Oakley
Nays : None
(b) A memorandum from lhe Transportation Advisory Co mm ittee announc ing Mark Craft's
resignatio n from the comm ittee , and requesting the appo intment or Alternate Member James Wee ks to fill this
v3can cy , was considered .
COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO ACCEPT
THE RESIGNATION OF MARK CRAFT FROM THE TRANSPORTATION ADVISORY COMMITTEE .
Mayor Woodward asked if the re was any d;scuss ion . Th ere was none .
Vote results :
Motion ca rried .
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cons idered .
Ayes : Cou ncil Members Penn , Mccaslin, Moore , Woodward , Jeffe rson ,
Wilsun , Oakley
Na ys : None
A res olution appointi ng J1'rn es Weeks to th e Transportation Advisory Comm ittee was
Englewood City Council
March 17 , 2008
Page 6
COUNCIL MEMBER WILSON MOVEO , ANO COUNCIL MEMBER McCASLIN SECONDED , TO APPROVE
AGENDA ITEM 8 (c) -RESOLUTION NO . 33, SERIES OF 2008 .
RESOLUTION NO. 33 . SERIES OF 2008
A RESOLUTION APPOINTING JAMES WEEKS TO THE TR ANSPORTATION ADV,SORY CO MMITTEE FOR
THE CI T Y OF ENGLEWOOD , COLORADO.
Mayor Woodward asked if there was any dis cussion . There was none .
Vote results:
Motion carried .
Ayes : Counci l Members Penn , Mccaslin, Moore , Woodward, Jefferson ,
Wils on, Oakley
Na ys : None
9 . Consent Agenda
COUNCIL MEn1BER MOORE MOVED , AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 9 (a) (I), (II), 9 (b) (I), (II) and 9 (c) (I).
(a) Approval of Ordinances on First Reading
(i) COUNCIL BILL NO. 18 , INTRODUCE:D BY COUNCI L MEMBER MOOR E
A BILL FOR AN ORDINANCE APPROVING AN INTERGO VERNMEN TAL AG REEMENT (IGA) ENTITLED
"L ICENSING AGREEMENT REGARDING DEN VER REGIONAL AERIAL PHOTOGRAPHY PROJECT"
BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS AN D THE CITY OF ENGLEWOOD,
COLORAOO FOR THE CITY'S PAR TI CIPATION IN THE DENVER REGIONAL AERIAL PHOTOGRAPHY
PROJE CT (DR APP ).
(ii) COUNCIL BILL NO. 19, INTRODU CED BY COU NCIL MEMBER MOORE
A BILL FOR AN ORDINANCE APPROVING AN INTE RGOVERNMENTAL AGREEME NT (IGA) EN .H LE D
"LI CEN SE AGREEMENT" BETWEEN TH E COLORADO DEPARTMENT OF LABOR AND EMP LOYM ENT AN D
THE CITY OF ENGLEWOOD , COLORADO IN SU PPORT OF THE CITY'S USE OF STATE WAGE AND
EMPLO YM ENT DATA
(b) Approval of C,rdinances on Se con d Reading
(i) ORD IN ANCE NO. 15 , SE RIE S OF 2008 (CO UNCIL BILL NO. 11 , INTRODUCED BY
CO UN CIL MEMBER MOORE )
AN ORDIN ANCE AU THORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO,
ECONOMI C DE VE LOPMENT COMM ISSIOt>. FOR MARKET IN G AND ADMINISTR ATIVE SUPPORT IN THE
ENTERPRiSE ZONE .
(ii) ORDINANCE NO . 16 , SERI ES OF 2008 (COUNCIL BIL L NO . 17, INTRODU C ED BY
COUNCIL M':MBER MOORE)
AN ORDIN AI\CE GRANTIN G A UTILITY EASEMENT TO PUBLIC SERVICE COMPANY OF COLORADO FOR
IN STALLAT ION OF UNDERGROUND UTILITIES AT 239 0 WEST WESLEY AVENUE .
(c) Resolut ion s an ,,, Motions
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Englewood City Council
March 17 , 2008
Page 7
(i) The purchase of a replacement comma11d pickup truc k from Champion Chevrolet in the
total amount of $32 ,169 .00 .
Vote results:
Motion carried .
Ayes : Council Members Penn , Mcca slin , Moor~. Woodward , Jeffe rson ,
Wilson , Oa kl ey
Nays : None
10. Public Hearing Items
No publi c hearing was scheduled b, ,re Council.
11 . Ordinances, Resolution and Motions
(a) Approval of Ordinances on First Reading
There were no additional ite ms submitted for approval on first reading . (See Agenda Item 9 -Consent Agenda .)
(b) Approval of Ord inances on Second Reading
There were no addit ional Items submitted for approval on second reading . (See Agenda Item 9 -Consent
Agenda .)
(c) Resolut ions and Motions
(i) Mayor Woodward said Agenda Item '1 (c) (i), a recommendation from the Finance and
Administrative Services Department to approve a resolution transferr;ny funds from the General Fund 's
Unreserved/ Undes ignated Fund Balance to the Long Term Asset Re;erve, has been pulled from the Agenda .
(ii) Director Kahm presented a recommendation from th6 Public Works Department to
approve , by mot ion , an extens ion of the 2007 contract in the amount of $239,437 .50 with A-1 Chipseal for the
2008 Cape Seal Project. He sa id the 2008 construction season , the time when we do ma inten anc e on our
street and concrete elem ent s of the infrastructure , is rapidly approaching . This evening I actually have three
items pertaining to construction contracts to perform maintenance on different sections of the infrastru cture. At
th is time I wo uld ask Council to approve awarding the contract to A-1 Chipseal in the amount of $239 ,437 .50 . I
should note that aggregate th is year is up 17% from last year, emuls ions are up 10%, so the un it pried th is year
is actually 11 .5% higher than what we experienced last year , for bas ically the same product. As you may recall,
Cape Seal consists of a two step process . The initial appl icat io n, In this instance, will be half inch Chipseal and
that is followed approx imately three days later with a type II quarter inch slurry seal. Th e cost of Cape Seal is
about half of an asphalt overlay , so there is a substantial sa vi ngs . It is also about 30% higher than
mi cros urfac ing , bot this particular tool in our ma intenance box fills the gap between microso rfacing and
expensive overlays . It does pro •,ide a new wearing surface : a qual ity seal that keeps the moisture out of the
pavement and adds some structure , because by the time you put the two layers down , It adds about 5/8 of an
inch of th ickness Jo the street. One Jh ing , as we do ha ve an In-house rotomill , you will see us go in along the lip
lines and take off ar,proxima le ly a half inch , so thal Jhe new surface blends io with th e concrete along the edg es .
He sa id I would be happy to answer any questions you mig~t have .
Council Member Mccasl in said is th is primarily up and down Broadway ? Director Kahm said no , actually in your
packet , with each of these there is a map in the back . In tills instance we are propos ing Cape Se al th is year on
Oxford all the way from Clarkso n to ~~indermere , and on the Navajo truck route from there soulh , to Tufts and
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also on Englewood Pa rkway . That ;s a sec tio n where we anticipated that we would have to overlay , but we
be lieve we can hold it for a number of ye ars with lhe Cape Sea l.
Mayor Woodwa rd asked if there were any oth er questions .
Englewood City Council
March 17 , 2008
Page 8
Mayor Woodward said Ric k, I'm just try ing to understand . The final product is approximately 5/8 inch th ick .. and
th en under financial Impact here I'm seeing th e c~ntract price for 3/8 inch Cape Sea l. Are we increasing the
size?
Director Kahm said yes , we are. When I talked about the price increase , there is a little extra cos t because we
are going to the half inch o n th ose heavily trave le d roadways , so that actually is a little heavier section ... a litt!e
more rock , a little th icker. Mr. Woodward said okay. Thank yo u.
Mayor Woodward asked if there were any other questions . There were none .
COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (II)· AN EXTENSION OF THE 2007 CONTRACT IN THE AMOUN T OF $239,437 .50
WITH A-1 CHIPSEAL FOR THE 2008 CAPE SEAL PROJECT,
Mayor Woodward asked if there was any discussio n. There was none .
Vote results :
Motion carried.
Ayes : Council Members Penn, Mccaslin , Moore , Woodward , Jefferson ,
W ilson , Oakley
Nay s: None
(iii) Director Kahm presented a recommendation from the Public Works Depa rtment to
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approve, by motion , an extension of the 200 7 construction contract In the amount of $390,995 .00 with Thoutt
Bro s. Concrete Contracto rs, Inc . for the 200 8 Concrete Util ity Program . He said in this particular insta nce, we •
will talk about concrete for a second . Eng lewood 's Concrete !.J tili ty Prog ra m was actually created back in 1997
and it has been an effective way for us , on an annual basis , to maintain the City's co ncrete ... whe ther it be curb
and gu tter or sidewa lk or concrete alleys. Because , as we talked about earlier in Study Sessio n, many of the
original concrete alleys were bu ilt with six inches of concrete and it has been necessary to go back in and
replace many of those alley se ctions. Th is program does perfonm the ma intenance on an an nua l bas is. We are
asking that Council approve the ~ont ra ct to extend th e Thoutt Broth ers Concrete Co ntractors co ntract, in the
amount of $390,995.00 . Larry Nimmo usually handles these projects for us and was very successful th is year in
neg otiating , so eve 1, with fuel and ma teria l cost inc reases , our averag e Ul,it price is only up 2.8% from last year .
COUNCIL MEMBER -..AKLEY MOVED , AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE
AGENDA ITEM 11 (ti ,:II )· AN EXTENSION OF THE 2007 CONSTRUCTION CONTRACT IN THE AMOUNT
OF $390,995.00 WITH 1 i :oun BROS. CONCRETE CONTRACTORS, INC . FOR THE 2008 CONCRETE
UTILITY PROGRAM .
Mayor Woodward asked if there was any discussion . There was none.
Vote results :
Mo ti on carried .
Ayes : Council Members Penn , Mccaslin, Moore , Woodward , Jefferson ,
Wilson , Oakley
Na ys : None
(iv) Director Kahm presented a recommendation from the Public Works Department to
approve , by motio n, an extension of the 2006 contract with Broadaway Ho lding s LL C in th e amount of
$744 ,180.00 for the 2008 Microsurfacing Program . He said th is will be our final request to spend money th is
evening . It will be to award our mlcrosurfacing contract to Broadaway Holdings LLC in the amount of •
$744 ,180.00 . This would be the second year of a three year potential extension on their contract. h would also
represent the 18'" year that Broadaway Hold ings has accomplished our annual project. There are no
contractors ,n Colorado that perform th is servic e. As you will recall, in 2006 we went out on national bid . We
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En l1'e wood City Cou ncil
Mac •;h 17, 2008
Page 9
invitee contractors from Arkansas Missouri . Utah , California and Arizona to do our work . We actually had only
two serious bids and in Iha! bidd ing process Broad away Holnings of Arkansas was aga in the low bidder. So we
are continu ing to work with them . Again , we have aggregate costs increasing 17% over last year and emulsions
are up 10% and this is refiecti ng a 6.2% increase over our un it price from las t year.
COUNCIL MEMBER OAKLEY MOVED , AND COUNCIL ME MBER PENN SECONDED , TO APPROVE
AGENDA ITEM 11 (c) (lv )-AN EXTENSION OF THE 2006 CONTRACT WITH BROADAWAY ttOLDINGS
LLC IN THE AMOUNT OF $744 ,180 .00 FOR THE 2008 MICROSURFACING PROGRAM .
Mayor Woodward asked if the re was any discuss ion .
Mayor Woodward said I have a co mment. I think that this is a great program for the City and, over the long
term, it has saved us a lot of money . II isn 't pretty , but ii is very , very effective and I think the City Public Works
De partment , and engineeri ng staff and st reets department has worked hard on this over the years . And as a
citizen. I app recia te staff doin~ •hat. Directo r Kahm said thank you .
Mayor Woodward asked if there was any other discussion . There was none .
Vote results:
Ayes : Council Membe rs Penn , Mccaslin , Moore , Woodward , Jefferson .
Wilso n. Oa kley
Nays : None
Mellon carried .
Director Kah m sa id if I co uld , befo re I ste p down, let me also share ... in yo ur packe t on mic rosurfacing , at the
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very end of it , the re is al so a list of streets that were proposed for this yea r's ove rlay progra m and a ma p. And 1
wi ll al so share with you tha t yo u will notice the so ut h end of Broadway is shown on tha t overlay . The State
fin ally released our media n projects last Friday for bid , so we are out to bid . We are anticipating that that work
will be do n,a on the medians by the first or Se ptember and th at wi ll allow us to go ahead and overlay tha t south
section of Bro adway this fa ll . So we fi nally did get one of thei r projects through .
Mayor Woodward said thanks Rick .
12 . General Discuss ion
(a) Mayor's Cho ice
(I) Mayor Woodward sa id I'd like to start with the Go Green Comm ittee . I'll let Rick get to
his mike . We had part icipa ted ... it was either last year or the year before , over at Cherrelyn , I believe by
re moving the gravel and doing some grading work . Is tha t correct Rick?
Director Kahm said I believe that's true . The street department was able to go in and I think we provided
loaders and removed a lot of the pea gravel bed and like . And I think we hauled a few loads aw ay for them , so
we prov ided in house services .
Mayor Woodward sa id and as I recall , it wasn 't a great bu rden finan cially . It was usi ng our equ ip ment and us ing
our labor to do it.
Director Kahm sa id I'd say that's true . Our equipment is capable and I am not sure that we spent that many
hours over there .
Mayor Woodward sa id I would like to propose that we aga in help the scho ol system and Charles Hay
• Elementary w''h gett ing a green area over there by do ing the same type of th ings we have done before , su ch as
remov ing l.,e pea gravel and do ing the grad ing .
Englewood City Council
March 17, 2008
Page 10
MAYOR WOODWARD MOVED, AND COUNCIL MEMBER MOORE SECONDED, TO HELP THE SCHOOL
SYSTEM AND CHARLES HAY ELEMENTARY WITH GETTING A GREEN AREA BY DOING THE SAME
TYPE OF THINGS, AS FAR AS REMOVING THE PEA GRAVEL AND DOING THE GRADING, AS WE HAVE
DONE IN THE PAST .
Mayor Woodward asked if there v.Js any discussion or any comments .
Counc il Member Oakley sa id yes , I have a comment. The City has had a long record of helping the scnools ,
when we can . I can , in my mi11d , think of ten or twe lve projects , down through the years , that we've helped the
schools with . And when we can, I think we should .
Council Member Penn said I agree with Wayne . I think we should continue to help the schools . I lhir,k we
should look al the future projects and some of the other elementary schools . Possibly have Charles Hay come
back and see if there is anything else we can do . II won 't cost the City a lot of money , but there are things we
can do to help them and their program ... to keep it going forward .
Council Member Mccaslin said I appreciate all of the work you guys have done over there . My wife is the
principal at Bishop and she wants grass too , but she doesn 't have quite the support that you guys have and we
appreciate it. In listening to the other Council members , it appears you do have our support down the road, not
only for Charles Hay and Cherrelyn, but for all of the other schools that may come before us requesting our
help . And I think that's what we're working for, a coo perative tool between the schools and the City and we can
help each other out. So it's not a burden on just one enlity ... we can help each other out where we can . Thank
you .
Council Member Jefferson said I just want to thank them as well for addressing this issue . II came up when I
was campaigning in that neighborhood ... what an eyesore it was . I applau~ you folks for finding alternative
sources of revenue to help our schools . Thank you .
Mayor Woodward asked if there were any other comments . There were none .
Vote results :
Motion carried .
Ayes : Council Members Penn , Mccaslin, Moore, Woodward , Jefferson ,
Wilson, Oakley
Nays : None
Mayor Woodward said thank you for the lime you spent on this and the presentation .
(ii) Mayor Woodward said I want to mention that the National League of Cities trip to
Wash lnglon was a success for me ... participaling in the classes , the workshops , the networking with local
officials from the State of Colorado and officials from other cities across the country . We also had the
opportun ity to lobby Senator Allard 's staff, meet with Senator Salazar and his staff, and the staff from
Representative DeGette 's office . I think I have now recovered from the time differences . II took me until th is
morning to do that. I believe our youth members received value from their experience at the conference and the
sightsee ing ar.d the lobbying . Other cit ies commented and commended Englewood for having this program in
place for students . In fact , we had a request from some other cities for Information on what we do and how we
do it.
(iii) Mayor Woodward said in our packet we <eceived an email from Lynnette Heidrick,
regarding culling the price for the last two hours al Pirate 's Cove . I think this is a great idea for working people
who are able to utilize those last two hours and for families . So , I believe that Parks and Rec is taking a look al
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this and working on th is. I think this is exactly one of the reasons that we looked al Pirate's Cove and did that •
bond issue . This is what we were try ing to accomplish back In 2001 , so I've asked Gary to make sure that we
are following up on that.
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Englewood City Council
March 17, 2008
Page 11
(iv) Mayor Woodward said also in our packet was th is public affairs advisory regard ing
pharmaceuticals , personal care products in drinki ng water and env::onmental impa~t. And I would ask, as a
Council request, for a report regarding how this affects us with our water. It was very interesting when th is came
out. It was while we were in Wash ington "nd I was li stening to other Council members and Mayors , as they
were getting phone calls from back home, asking them questions about the ir water supply and stuff. So, I think
this Is something that we, as Counci l members, need to understand , so when our constituents ask questions , we
can answer them .
(v) Mayor Woodwa rd said we have , as of Friday , completed the sale of some property to
RTD , down near McClellan Reservoir, in li eu of condemnation and Gary will speak to that later.
(b) Council Members' Choice
(i) Council M •mber Penn:
1. He encouraged the people from Charles Hay lo keep go ing . I want lo make sore you involve us a little
more .
2. He said regard ing Barb Bowman 's concerns ... we set our priorities as weeds , snow removal and then
timeliness. I think that we , as a City Council . need to look at. and put more importance on, the timeliness issue.
I don't th ink we do a very good job with that. That should be brought back up and hopefully she does come to
our meeting tomorrow night.
3. He said our transportation meeting got over early, so I was able to attend the Library's presentation on a
tour of Italy. It was an excellent presentation . If you have a chance, go to some of those presentations that the
• Library is putting on . Make sure you do that.
4. He sa id tc the Englewood Commun ity Development Department. our update is excellent. I love it and I
love the new format and hopefully they continue with that.
5. He said I was at the Elks Club the other night and we had Detective Bobbie Garrett recogn ized as the
Pol,ce Officer of the Year for the Elks Club. Congratulations to her. I wanted to make sure to congratulate her
aga ir,.
6. He said our trip to Washington D.C. was an excellent trip and I thank Gary and Sue for getting
everyth ing set up for us . It was very time ly and we were whr,, e ,:e needed lo go, except maybe for that last ta xi
ride , but we got there and thank you for doing all of that w~rk for us.
City Manage r Sears sa id I will pass that along to Sue , she worked really hard and she did a great job.
(ii ) Council Member Mccaslin sa id I attended many sessions ... edu catio n, imm igration ,
conflict and dealing with difficult people. I went to about five different meetings and have come back with qu ite a
bit, but I have to sit and d igest it for about a month before I really report on it. .. to implement it. So , thank you
Gary and f .ue for helping us ,
(ii i) Council Member Moore said I would like to just ac kno wledg e that I continue to struggle
to understand more about our Code Enforcement process. We had a nice Study Session on it a couple weeks
ag o, but in a Council request this week , you 'll see a number of issues that I raised to try to just get a better
handle on why these th ings aren't surfacing , why these th ings aren 't taken care of. None of those were th ings
that just occurred. I felt that they were th ings that I had personally watched for some lime and then tonight to
have Ms . Bowman , obviously , relay some of the same concerns . Just as a side note, that worked out well with
the trash discussion we had in Study Session . I heard both Council Member W ilson and Ms. Bowman make
• comm ents about trash sitting ou t and not be ing taken care of. We have to at least assume that this is current,
as our trash is required to be stored in cove red trash containers , so the violation is very clear and simp le. So , I
th ink ii is ap pa rent that Counci l very much wants to add ress th is matte r and make sure that th ere is not a bett er
Englewood City Council
March 17, 2008
Page 12
way ... we need to find a better way to address these is sues. I don't hear one Council member saying that our
City is perfect, leave it alone . So , I'm not sure how we 'll get there , but I'm just acknowledging that ii is something
that we need to continue to work hard at and find ways to address it. Thank you .
Mayor Woodward sa id thank you John .
(iv) Council Member Oakley:
1. He said I, too , was goi ng to address the Pirate 's Cove issue and you 'v e already taken care of th at.
2. He said I was also going to address r,e pharmaceuticals in the water supply and stuff. Even though
three of us serve on lh e Water and Se we r Board . This has not come up as a si ngle topic, I think Stu has
mentioned ii, but I would like to hear from Stu as to where we're going to go with that , in case we do have to
answer questions about it. I'd like to hear a litt le bit more on tha t.
3. He said I too would like to comment on the National League of Cities Conference. II is an experience ,
certainly. When you go to the hill , and meet with Senators, and Representatives of the House and know that
there is no way that you would ever be there unless you were represent in g a City such as ours ... it is a good
experiencu. You know that you at least say what you think your community needs and what they can do with it
from then on is certainly is up to them , but at least you know when you come back , that you have had your say .
I appreciate the opportunity I was given to attend .
Mayor Woodward sa id thank you Wayne .
(v) Council Member W ilson:
1. She said I wanted to say that this was my first trip to D.C. and it was very impressive. Salazar
mentio ned and talked about our C ity like he knew it... so that was very rewarding . The enorm ity of the machine
is unbelievable . I enjoyed it ir'lmensely. I enjoyed the workshops and the seminars. In one of my seminars,
one of the big issues with other cities was off-leash dog parks and how do you get one . So, it was like, oh my
gosh . A gentleman from Savannah said that some people from Colorado moved there and no w they want a dog
park and he was like, what is up with this? So , I told him about the dog park, gave him the web site , told him
how we had gotten very involved w ith it. So , that has been passed on . She said also at the meeting there was
a lot of talk about green and the sub-prime lending and how that's going to trickle down . I don 't know if we 've hit
our end or we're going to get a couple more cycles and that's a concern .
2. Sh e said I am very much into getting Englewood clea ned up. I think ii is an issue .
3. She said I also wa nt to let people know, on the Council , that the builder's meeting is I.morrow at nine
and that will be in Community Development. I've talked with Steve King and he has some new people .:oming
foiward and I think, at th is meeting , we are going to be talking about the Englewood Homes on Parade or the
Parade of Englewood Homes . So , I just wa nted to let everyone know.
Mayor Woodward said thank you .
(vi) Council Membe r Jefferson :
1. He said I wanted to thank Frank Eakins for informing us of his situation and I hope we come to some
resolution there .
2 . He said as far as Ms . Bowman's comments , I do agree, generally , some of the City does need to be
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clea ned up . I guess I would encourage her ... as most of the compla ints she had , we al ready do have
ord inances on the books restr icting tha t kind of thing ... with trash and some of the other compla ints that she •
made , II is my understanding , wi th some of the Code Enforcement things , that sometimes the squeaky wheel
gets the oil , so I would encourage her to follow up. They seem more than happy to follow up on all co mplaints
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Englewood City Council
March 17, 2008
Page 13
that are made and you cao even follo"" up and se if aclion has been taken . So , that is what I would generally
start with , at least.
3. He sa id as far as NLC , I will agree that many of the workshops were very informalive . The networking
was fai rly valuable , and our youth members were great. I do lh ink we need to evaluate how we fund it or, you
know , if we need to potentially look at taking turns or something .. ,.l'm really no t sure, but I'll jusl make that
comment. Thank you .
13. City Manager's Report
(a) City Manager Sears said I'd like to thank Council for their palie nce and , also , I especially want
to thank Mike Flaherty , Rick Kahm, Frank Gryglewicz and the EMRF Board for the negotiations finaliz ing the
agreement with RTD . This is a major success for the City ,,, for the future of the City , from a funding viewpoint.
Also , from the RTD view po int , to have the light rai l station there will be a benefit for them . And this will have
major ramifications for ou, finances for many , many years to come . On Friday we received , at the clos ing ,
$3,199 ,817 .50 and It was deposited , There will be a commun lcation ... as Frank mentioned at the Study
Sess ion ... back to the Council regard ing lhe placement of these funds on lhe April 7'" meeting . And , again , I
want to say thanks to Mike . He struggled through some really hard hitti ng issues with Susan Altes with RTD ,
Thank you .
14. City Attorney's Report
City Attorney Brotzman did not have any matters to br ing before Council.
The meeting adjourned at 8:41 p,m,