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Home My WebLink About2007-05-07 (Regular) Meeting Minutes• • 1. c,11 to Order l!NOL!WOOO CITY COUNCIL l!NOLl!WOOD, ARAPAHOI! COUNTY, COLORADO Regular IHllon The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:36 p,m. 2. Invocation The Invocation was given by Council Member Barrenllne. 3. Pledge of Allegl ■nce The Pledge of Allaglence was led by Mayor Wolosyn. 4 . Roll Call Present: Absent: A quorum was present . Council Members Tomasso , Moore , Barrentine , Oakley, McCeslln, Woodward, Wolosyn None Also present: City Manager Sears City Altomey Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson, Safely Services Director Gryglewicz, Finance and Administrative Services Director Bleck, Perks and Recreation Director Fonda, Ulllllias Operations Divis ion Manager Tallent, Wastewater Treatment Plant Senior Project Engineer VanNostrand , Wastewater Treatment Plant Director Kehm , Public Works Senior Planner Langon, Community Development Hoc ,Ing Finance Specialist Grimmett, Community Development Planner Bell , Community Development Eng ineering/Capital Projects Administrator 1<1erson, Public Works Administration Manager Bock, Ulllltles Fire Division Chief Paltarozzi, Safely Servi~\ Police Officer Vogel , Safety Services 5. Con ■lderatlon of Mlnut ■■ of Prlvlou ■ S111lon (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 111, 2007. • Mayor Wolosyn asked If there was any dl1cu11lon . There was none . Vote rHUIII: Ayes : Council Members Barrenllne, McCaslin , Moore, Wolosyn, Woodward , Englewood City Councll May 7, 2007 Paga2 Tomaaso, Oakley Nays : None Motion carried . 6. Recognition of Scheduled Public Comment (a) Assistant Manager Mike Busch from the new Starbucks at 4298 South Broadway (at Quincy) was scheduled to address City Council. He was not present. (b) Brett Ginther from the new Subway at 4696 South Broadway was present to address City Council. He said we have Just completed a major expansion and remodel of our Subway store at 4696 South Broadway In Englewood . We are really excited to finally have It done. The building was expanded by approximately 400 square feet and the store exterior was redone In stucco and stone . New landscap ing and the standard "Englewood Iron fence" were added . The store was closed for about seven weeks for the remodeling and expansion . We updated and expanded the seating from 22 seats to 48 seats and we completely refurb ished the Interior. Customers can now enjoy the "Subway Radio Network" on our sound system and a HDTV has been added In the dining area . We are very proud of our new look . This truly was an ·extreme makaover" for our store, which has been at this location since 1992 . With this "new" store we are looking forward to continued growth on South Broadway . I would Ilka to express my appreciation to the City of Englewood for the constructive approach taken to our project. There were many aspects of the project that required review and judgment by various City Departments . While not all Issues were resolved in my favor , I believe that the people In Planning, Building , Engineering , Zoning, Community Development and the other Departments did their best to keep the City's interests In mind, while not confounding my efforts to improve this property . The City personnel were prompt In responding to our architect and our contractor and they were very • helpful In our attempts to keep the process mov ing . I sincerely appreciate the City of Englewood 's attitude • toward small business on Broadway. Mayor Wolosyn said thanks for coming ton ight and staying In Englewood and improving your property and also, for the kind words about our staff. Council Member Barrentine said I had an opportunity to attend the opening . That store is in my District. It is amazing what they were able to do with the remodel. It looks fantastic . The curbs and sidewalk , moving the telephone pole to open up that area , putting in the landscaping and putting In the addition of the fence that Englewood provldes ... lt is absolutely gorgeous . I appreciate that you are there . Thank you very much . Mr . Ginther said than k you . (c) Englewood resident Brandon Duncan wa• present to discuss the Jason Park off-leash issue . He said thank you for allowing me to speak . Most of us who are concerned are aware of "·• hls:ory of this and I will only reiterate that the Issues at hand, that I see , are parents concerned with the sak ,f their children when they play at the park . Also, patrons concerned with dog waste that Is not picked up and a1so disruption of actlvltles ... soccer games, family plcnlcs ... whatnot. There Is a recommendation to ban dogs off-leash at Jason Park . I think a main argument for that is that there are other areas In town that we can go ... there are other options . I don 't agree with that. I would like to see dogs stay off-leash at Jason Park . I believe moving them to these other places Is going to compound the problem . It's going to move It away from the neighborhood , rather than constructively solving It. These other areas are the northwest greenbelt, near Federal and Evans ... there are no benches at that park, there Is no seating and, frankly , it Is In a bad neighborhood. I don't feel comfortable going there and I know my grandmother wouldn't elther ... wlth or without a dog . Centennial Perk lo a pretty good park and our best alternative option . There Is minimal fiat , open area for the dogs to run. The benefit of that park Is thet the playground is , mosUy, fenced In . That is very nice . Duncan Park Is over off of Pennsylvania . It Is vary small . It has a playground and a preschool on the property . It Is about a half block. This leaves the play area to the perimeter of the park, much closer to traffic . I'm not comfortable with that either . w~ have the Canine Corral. Which we thank th• City dearly .. .for helping push that through and making It happ,,n. However, in my opin ion It Is small. I believe adding the congestion of dogs and families from J., 10n Park will cause us trouble In an area that small. The terrain In that park Is not necessarily conducive to an elderly or disabled • • • • · Englewood City Council Mey 7, 2007 Pege3 person . II la hard packed dirt . There are only 2 benches . Additionally, there Is some unevenness to the ground In that park, with acme lnconaplcuoua areas for doga to aort of disappear . I think that would also Increase the rlak of dog acufflea, owners not keeping an eye on their dog the whole time and misalng on picking up the dog waste . Englewood has 11 parks end 6 athletic facilities for families end their children . Englewood has 5 areas for families and their dogs . Jason Park Is the largest flat, grass running area available for dogs In Englewood . II Is the only off-leash perk between Broadway and Senta Fe In our neighborhood , In my neighborhood. Some related public hearings, I understand, were attended by many elderty end disabled people who were also In favor of having the eveliablllty of Jason Park for off-leash dogs . Just lest week , I saw a lady having a greet time with her dog in the perk ... throwing a bell, playing fetch. The lady was in a motorized wheelchair . I believe that lady is here this evening . A few peripherals ... dog owners, generally speaking , are responsible people . We know the responsibilities of having a pet. ll's a lot like having a child end you have to take care of the repercusslons ... you have to clean up the messes . Some don't. I'm disappointed In the fact that we ere not able to enforce those laws better upon those people who abuse the park . I'm sort of concerned If the vote is going to fix that problem . If you push us away there will still be people walking in the park, with leashed dogs , that don't pick up their messes . We like that our neighborhood Is accessible , we want to keep ii that way. In speak ing of the waste .. .from the parking lot In Jason Park, there are 7 visible spots with bags hanging for dog waste . Several of the other parks I visited had none . The Canine Correl had none . Nol to say that that shirks our responsibility of carrying the bag with us , but it only reinforces the po int that we take the extra care and caution to ensure the cleanness of our park and our ability to clean up our messes , as quick and easy as possible . As best I know, of all the Jason Park patrons , ii is the dog owners who work the hardest et cleaning up the park on a per visit bas is. I see unsupervised children run into groups of dogs far more often than I see dogs run onto that playground . I've actually become aware of incidents where dogs were attacked by children at Jason Park . We , as perk users , assume the same responsibility towards ensuring well mannered social behavior in our dogs , as well as our children . I'm also aware of a recent ne ighborhood petition supporting off-leash dogs at Jason Park . On the note of the welfare of our chlidren ... the basketball court Is right next lo the playground and I often hear teenagers using profanity and It is Intrusive to me , as I am sure ii is to the playground . I have some revenue Impacting thoughts on this issue , but I think we should direct our focus more towards the actual, tangible issue. I Just want to reiterate that there are 11 parks and 6 athletic facilities In Englewood , for families . Therv are 4 parks and 1 corral for dogs end their families . There is one perk that allows off-leash dogs in my neighborhood and I sincerely hope that it stays that way . The simple fact is that everyone assumes some level of risk when engaging in activities . There will be litter, there will be drug deals, there will be loitering, there will be profanity from the basketball court. There will be injury to children, with or without off-leash dogs at Jason Park . Thank you . There was applause . (d) Englewood resident Tavis Hanna was present to discuss the Jason Park off-leash issue. He said thank you for hearing me this evening . I em the President of Englewood Unleashed and I would like to kind of put things in perspective, lo bring some clarity to this is sue, as it has come up so quickly . It has only been 3 years ago that Englewood Unleashed formed to preserve Jason Parks off-leash status by helping build a formal off-leash perk . The concept of distributing the use over multiple locations , with seasonal and different user needs In mind, was accepted by the City Council and Parks and Recreation . The principle of Englewood taxpayers having a right to see their recreational needs met was also acknowledged . Since the Canine Corral opened 9 months ago the use at Jason Park has decreased and the user, of both facilities have been very pleased. City Council agreed to wait at least 1 year from the open ing of the Canine Corral to reassess the use of Jason Park . The relationship we have built with the City over the past 3 years has been very strong . We have also had some wonderful accompli shments . We have been able to keep Jason Park off-leash . We have built the Canine Correl. One of our most successful fundreisers was e beautiful brick pathway, which we installed prior to the Corral's opening . We have participated In 2 holiday fairs ... however, our most successful fundreiser was our 2"" Chill Cook-off . Englewood Unleashed was actually asked by Gery Hultberg, most recently, with Parks and Recreation , to write a grant e~pllcatlon to Arapahoe County to help purchase the lend that Is Duncan Perk , es the school there Is being dismantled or demolished . We were also contacted regarding a free grant program . I wrote e letter of recommendation for that and we actually did get the grant. We ere In the process of committing S500 .00 to the City of Engt ~wood to add 5 new trees to the Correl . We ere also In the process of purchasing a $1000 .00 picn ic table , through n ave Lee, end we have provided straw throughout the Englewood City Council May7,2007 P1g14 winter . We opened a $150 .00 account with Valley Feed In Littleton end Mark Cotwitts is authorized to purchase straw, as he sees fit. to distribute II at Iha Corral. I am currently going to be on the Task Force for the vicious dog ord inance. Now we have not been contacted over Iha past 9 months with any complaints from the Soccer Assoclat.,n, from Iha Baseball Assoc iation , from Pa rks and Rec regarding Jason Park ... nolhlng . So if the concepts and principle s that the City agreed with to keep Jason Park as an off-leash park and build th e Ca nin~ Cnrral were true then , why aren't they true now? I don 't think the issues have changed . I th ink the change has come from a person . City Council Member Wayne Oakley doesn 't seem to understand the background of this Issue enough to susta in h!s current att itude and decis ion . The slow learn ing curve of one Indiv idual should not be enough to threaten a 3 year relationsh ip and adve rsely affect the lives of hundreds of people , ba sed on 1 compla int recently. I spoke with Counci l Member Oa kley last Friday and as ked him a few que stions . When asked how many hours he had spent research ing the Jason Park issue , he said he had read the minutes going back to the Bates/Logan issue , that mo rning . When asked how many Cit y Council members , current and previous , he had spoken with about the Jason Park Issue ... he said all the current ones and one prev iou s • one ... that morning . When asked how many limes he had been to Jason Park , he said twice , again , that morn ing . Now It doesn 't concern me the most , his inadequate research , Is that he has done th is on the last bus iness day before a City Council meeting and he has done ii after he has alread y made up his mind on this issue . He stated tha t he would vote to represen .he minority on th is issue becauso Englewood Unleashed was too organized . I find that somewhat a slap in the face con sidering II was City Counc il who ask ed us to get organ ized, form an organ ization, instead of having 50 people show up and talk at night that were very angry and very emotional. The organization was to work with the City to get real , long term , lasting solutions put in place and finalized . And now here we are aga in, back to square one and I am wonder ing why . II seems like everyth ing was fi ne up ~c.11I a few weeks ago and now one person com plains and he re we are , back at square one . So I looked up some informa tion . II turns out that my taxes support 557 .8 total acres of open spa ce acreage In this town . Now some of that is not useful , ii is the medians on Santa Fe or Hampden ... but 259 of those acres are turf. Now when you take together all the par ks we ha ve ... realislically , we on ly use Jason and the Corral . Jason Park is 8.1 acres ... th e Corral is 1.5 acres . Take away Jason and you have cut that number • sign ificantly . As it sits right now, with the total numb er of acreage my ta xes support and you combine Jason Park and the Corral ... that is .088, so bas ically 8% of my taxe s go to my recreational needs . Now you take Jason Park away and ii is less than 1 %. I'm sorry, but that doesn 't seem right lo me . Now considering I have a baby on the way in a month , I would like to be able to wal k the few blocks to Jason Park and play with my bab y In the playground and my dogs out in the field . My wife and I can go together . This issue Is drawing a line right down the middle of my family . Now I do find it completely inappropriate that we are already talking about limiting hours and closing the park, when in 5 years of go ing to Jason Park I have never seen one Code Enforcement van . Now Code Enforcemen t...since the beg inning of talking about ma inta ining Jason Park and build ing the Corral , was a critical part of the whole equation . II has never happened . I'v e nP."'" •een a Code Enforcemen t van at the Corral , either . Now we can influence our friends and members at th 6 par ks to obey the rules , but ii is kind of hollow if there is not enforcement there , no one threatening with ticket,,. So I am sorry ... I really ur~e you to make good on the commitments that have been made In the past and the duc is ions and votes that hav )een made In the past and follow through with them . Give th is issue time to rest...at least one ye~ '1 at was agreed upon. Now if you do have more complaints than there are people showing up to stand up fo r themselves , then I can see how the tables would turn . But considering, from the beg inn ing , ther9 have never been more compla ints than there are people who benefit from this park , I think the people •,hould have the say on what happens with their taxes and their land , rather than the other way around . So , I urge you to , basically , do nothing . Just let this Issue ride . I know you guys are tired of dealing with this and I'm sure you have other bus iness to attend to . So, It 's with that point that I fin ish and urge you to just let it lie. Than k you . There was applause . (e) Denver resident Paul Gagg lnl was present to discuss City of Englewood dog regulations . He said thank you for listen ing to me today. I'm from Denver and I come to Englewood a lot. I get up and want to go to the hardware store and I heve a decision to make . Do I go north on Broadway or do I go south on Broadway . I usually decide to go south on Broadway because I love the City of Englewood and I don 't fe el that I should have to apologize to the City Council of Englewood because I love the City of Englewooo . Many people from Denver do come and use the dog pork at Jason Park . II is a gem of a park and I thank the City for support ing and enabling that to happen . I think anybody from any town In the world ... lf they were to si t down in • • • • · Englewood City Council M ■y 7, 2007 P■ge5 that park on a Sunday afternoon and see a hundred picnicker's, people playing with the dogs, volleyball gamea , soccer games ... and It Is all going along peacefully ... reasonable people , behaving reasonably ... gattlng along . And to abolish all of that because of one compla int or 2 complaints, doesn't make sense . There should be aome sort of a policy whereby the specific people who violate the peace , or violate the rules about dog weate , can be disciplined without having a blanket denial of the rights of everybody. There Is a group forming to try to establish a dog park In the southern end of Denver . Denver formed about 5 dog parka a few years ego , but they dldn'I get any on the south end of town . And it takes 45 minules for me to go to a Denver dog park and It takea 5 minutes for me to go to Jason Park . When we do eventually bu ild a dog park ... either at Ruby HIii or Harvard Gulch ... we will welcome all of Englewood residents who want to use it because It Is closer lo their houae . So , I think keeping that open will help encourage the City Council of Denver to build a park . The people who uae that park are go ing to be extremely disappointed if they can 't anymore . This Is not a minor Issue lo theae people . Going to the park makes their whole day . You might hear from one person who Is a little bit cranky becauae a dog interrupted the ir picnic . Now I am not sure exactly what happened . I'm pretty sure that a person should not try to put a blanket on the ground and have a picnic in Jason Park, but I have seen hundreds of picnics that were never disturbed , having picnics on the tables ... no one complained . I honestly have been In that park ... l have walke,1 probably 3000 miles in that park ... thank you . I am probably alive today because I have been able to do that. No attempt is ever made to keep peopl e from other towns from using Pirate 's Cove and I'm aura that a lot of the scccer players who use that park are not from Englewood . I know many of the picnicker 's that come there ... and 11,ere are a lot of them ... thare are a lot of people who live in hot , little apartments and they just come there and liv,, on Sunday and it's beautiful and they enjoy it...it is a wonderful park . And they are not all from Englewood. There might be a way you could deal with this If you had a dog registration policy and you could have dog tags. There are towns that require anyone who uses their off-leash dog park to have a dog tag from that town and then they charge out-of-towners a little bil more for the dog tag . And when they get the ir dog tag they have to review the rules and promise to obey the rules . If they are caught not obeying the rules , they can be fined and they lose their privilege . That is an alternative you can think about. There Is another altematl"e you can think about , other than a blanket ban on dogs at that park . You can consider making some small segments of fences . It wouldn't interfere with the open nature of the park , but which would allow the various uaages of the park to malnta ii 1 separate areas without lntertering with one another. I don 't think we need dog wars over the parks , I think we need more parks and I am certain that for every irritated citizen you heard from about the dogs, there are 50 who are pleased with the park . And we didn't gel here lo say anything because we were :1cppy and we are . I believe ... and I don't know for sure ... bul I bet the number of people you have heard complain about the dogr, in lhal park can be counted on one hand . I have been there hundreds of times and I have never seen any (rouble . I have seen new people roll up in the park with a new dog and they don 't handle their dog property ... the other dog owners inform them very quickly of what they have lo do . I have done lhal several times myself. And these people don 't come back or they go to use the Canine Corral . The Canine Corral is to take the pressure off of Jason Park , so that people whose dogs wander around and can't be controlled can go to the Canine Corral. Another thing you can do is improve the sign age a little bit. .. make some better signs, more signs ... if you want to do something , other than a blanket overall ban on dogs at that park . I really don 't care myself. I have a lot of time . I can go anywhere. But there are hard working people In th is town that depend on that for a lot of pleasure and if this goes through and they are not allowed do that ... every time they go out and walk their dog they are going to remember th is. It Is going to feel bad . The metaphors that come to my mind are being kicked in the gut or hav ing your heart torn out. It means that much to us and there are a lot of us . We are not so organized , but we have formed a commu ·ity and we talk to each other all the time . And it Is a wonderful th ing . I think that thi s ban .. .l mean the part ial ban , the time schedule ... is , In affect , a total ban for most people . I think you could be more creative , more Imaginative and there are lots of things that could be done other than that ban . By and large I think the complaints are based on fantasy . I've heard women say that they are afraid to bring their children there because they might get sick . Th is has never happened . There was one woman who said that her house has mice now, because of the dogs In the park . This Is a myth . So while the Englewood City Council is making laws banning the mythical problems, I suggest that you gel really busy and make a law banning all those leprechauns that are riding their unicorn s on Broadway. That Is alt I have to say. Thank you . Mayor Wolosyn said thank you . There was applause . l!nglewood City Counall May 7, 2007 P1191I (II Kllth Whll1 w11 prnanl lo lddr111 Council regard ing publ ic art. He sa id alter llslen lng lo lhe conV1B11ion1 ... I wlll go oll on kind of a dlllaranl 11ngenl , bul I am sure lhere are going lo be some Issues Iha! ire 1lmillr lo lhe dOg part< llull. Flral all , I would Ilka lo uy !hank you lo Iha Clly of Englewood for allowing me lo 1pe1k lonlglll . I am up hara lo 1p11k lo you lon lghl. nol only II a res ldanl of Englewood, bul as a vo ice for an under-rljlfftllllad communlly . Thia commun ity 11 Iha! of grafflll art and Iha majority ol lhe artists In lhal world would n•-com• up lo 1pe1k lo Council like \hls ... nol In a thousand years . So , hopefully, I can do well for them In 1peaklng lo you guys . I hope tonight I can repreaanl and show bolh sldes ... lhe City and our community ... and help you guys betlar undar111nd each other , so you guys can co-exist a llllle bll baller . As I speak , lhera are currently two mural, on South Broadway Iha! are Inspiring , dellghling and add ing lo Iha color of Iha wortd •.. whlch 11 truly nHdad. Thaae mural, are now In jeopardy, due lo 3 compla ints and ordinances lhal do nol allow fa ir proce11 lo Iha eta■llva vl1lon . Al you know mosl people don 't call In lo give comp li ments lo lhe Clly about someth ing Iha! happen, In your Clly ... lhey have been slopping by Iha store and felling lhe store owners know how much Iha art work 11 appreclalad . I am sure If you were lo have all these people call in , you would see Iha! Iha majority 11 In favor of having these murals and !h is art work In lhe Clly ... ver sus Iha three people who don '!. I'm nol here lo argue Iha l11ues el hand, bul more lo bring some insight and various po ints lo Iha Clly of Englewood ... 10 bring II lo your allenlion ... so Iha! hopefu lly you will have some more information when you are considering Iha Mure of lhesa murals . Firs!, these murals were based around pos itive Ideas. The firal one , which you probably read about In Iha Englewood Herald, was lhal lhe business owner was trying lo prevent lagging on his property . This , really , can only be accomplished fully , wilh vines ... which Iha! property Is nol really bull! for ... or murals . II has been proven In Phlledelph la Iha! !his does work lo deler lagging and !here is an lnne:e respect from taggers lo lhe genera l public towards artwork ... and peop le will know art wor k when lhey see II . Second is lo give Iha store and Iha artists a way lo connect lo lhe community and lo give Iha community someth ing Iha! they are proud of . There were about 1500 people who allended Iha party when th e painting actually went up . So, !hare are about 1500 people with in Den ver ... ! don 't know If they were Englewood res idents or nol. .. lhal have a personal connect ion lo Iha creation of this art . Unfortunately , they are nol here lonlghl , bul I am sure If lhoy all knew about Iha silua lion al hand, lhal lhey would show !he ir support . Third is lhal 5 grafflll artists look their lime lo create !h is art work . These are 5 art ists lhal could have easily been oul in Iha slreels doing deslruclive vandalism . Bui !hey chose lo do someth ing positive wilh !heir lime and create someth ing beaullful. This artwork look a lol of lime and now they are in a situation where ii is be ing cons idered lo be lakan away . II ls nol fa ir lo anyone , Including Iha artists and Iha community . Last is the mural adds to the drive down South Broadway. It prov ides more color, It Is interesting . It is not there lo se ll anyth ing , but if you drive by, It will catch your ellenllon and hopefully brighten your day just a lillle bil. As the City of Englewood ... ! prov ide these concerns that you guys should lake to heart. A lack of concern for lhe art community , wh ich encompa11es graffiti art as well. .. some people don ': cons ider ii art, but unfortunatel y for some of you ... il is art and II Is here to slay . A lack of concern for th is art form will have a negative effect on your City . This is not a threat, bul a reallly, about suppressing a culture lhat you don 't understand. Second ... you have a ch an ce lo lead poslllve social change . Graffit i art is the art of the up and com ing generations . Go ask any youth to read a piece of grafflll and I guarantee you they will be able to read it much faster than you . Englewood needs to embrace that and work wllh the culture instead of fighting ii. Ask yourself who Is gn :ng lo be visiting !h is Cily in Iha future . It Is not going to be all the older people , because at some po int they will be gone . II is going to be Iha youth ... lt Is going lo be lhe up and coming and th is art work represents that age group . Last...and this is just a cona lderallon, as I'm sure a lot of you don'! have a lot of knowledge about graffiti artists . Graffiti artl1lllvandale are not just kids . The gra"·~ subculture encompasses people of all races, genders , soc ial cfaaaes and profa11ions . So mak ing a o.-c!slon without properly think ing It through will have larger effects ihan ju1t the children or som&one who you would classify as graffiti people . II is a much bigger world than you probably even know . From my experience, I feel that taking down th is mural without careful cons ideration could be delrlmanllll lo Englewood 's Image and could cause unwanted consequences . It needs to be understood that the gr1ffili 1ubcullure 11 much larger than Englewood , It Is much larger than Denver , it Is much larger than the UnKad Slate,. ThHe mural, were done for lhe enjoyment of the pP r ~I• and there are faces here tr 1ay to show their 1uppo,t end ff they are willing to give the City of Englewood a chance, all I as k Is that the City or Englewood give them one II well . Thank you . Mayor Wolo1yn Hid thank you . • • • • • • · Englewood City Councll M ■y7, 2007 P■ge7 There wa s applause . 7. Recognition of Un ■chlduhtd Publlc Comment (a) Mayor Wolosyn said Ericka Legnard , of Englewood Leade rsh ip Academy Is present . Mayor Wolosyn said I am glad you are all here , It ls a great exercise In civic matters . Ms . Legnerd sa id I am a teacher al the Englewood Leadership Acad em1 and I have an incredible group of students here who had the opportun ity to be the first Englewood team to re present our Cit y and our school in the Des ti na tion Imagination competition . They are going to tell you a little bit about II, be cause they know much more about it than I do . We are here In a quest for fund ing , because ii also turns out to be a ve ry expensive venture on our part . I am go ing lo let the ir fearless leader LouAnn Yamen tell you a littl e bi t abou t II . Ms . Yemen sa id I have been a volunteer parenVcoach for Destination Imagination teams for 8 years and th is is the first team I've had that has been able to make ii lo globa l fina ls ... wh ich is an incred ible fea t. For those of you who ere not famil iar with Dest inat ion lmaginallon ... just br iefiy ... if anybody is familiar with Odyssey of the Mlnd ... il was kind of a sp in off from that, years ago . It's a creat ive problem solving program th at is mu ch more than that. II is just a phenomenal program that seems lo bu ild kids up whe rnver they are wea k. II is aimed towards kids of all ab ilities and age levels , from kindergarten through col lege , actually . Bas icall y, each year in September, the kids are offered a cho ice of 5 different challenges . They rang e from highly tech ni cal lo more theatrica l and research based and everything in between . The kids form team s of up to 7 stud ent s or kids and they work all that lime, until March , to the regional tournament. If they are successful in the regional tournament , they proceed to the Stale tournament and If the y are successful there , they take 2 team s out of all of the Stale to go to global finals in each challenge . Thal is from all over the world ... 56 countr ies ... 14 to 16 thousand people are expected al that event. Like I said , I ha ve been fortunate to be involved with these kids . They chose a challenge called CSIDEA. which stands for Color , Shadow and Illum ination and they have a set of requ irements lhe1• have to meal including bu il ding a story, build ing a gadget that is focused on the propert ies of light, bu il ding a spec ial affect that also uses propert ies of light and some other character development and that sort of thing . They are going lo tell you a little bit about ii, but just lo give you an idea of how far out of the box they got to th ink ing ... lheir storyl ine involves vamp ire bats who have been po isoned , have turned albino and they are , bas ically , led to a cure by one of thei r bats who wants to be a cowboy ... who instead of echo loca ling to find food , he yodel locates . They named themselves the Private EYES ... where the eye stands for enthus iastic , yodeling enterta iners . I will let them tell you a little bit more about ii very qu ickl y. An un identified student sa id we bu il t our props and we went to the regional competition to perl onm and out of 400 points , we placed first and we had 100 po ints abo ve the team that placed second. Since we won first , we went onto State competition and al the Slate compe tition we placed 70 po ints above Ih a team that placed second . Now we are allowed to go on to the world com petition, if we can pay fo r it. Mayor Wolos ,.,, sa id where ,. the competit ion ? Ms . Legnard sa id ii is 2 we eks from tomorrow In Kn oxville, Tennessee . Tyler Yamen, Lau ren England, Kallyn Wleszcholek , Sofia Underwood and Je iel Mensah approached Iha dais anc •poke to Council (away from Iha microphone) regarding some of Iha things 1hey have bean work ing on since October of last year , what they have learn ed, th e co st of th eir trip to th e glob al fin als and the ir fundra lslng efforts . Mayor Wolosyn sa id thank you and , as I expla ined to Eric ka, we have a lim ited amount of money for Iha discretionary and wa usually addrass that at the end of Ih a meet ing . You guys did a great job here and I can call you beck tomorrow . Ms . .'amen sa id anything you can do to help will be apprec iated . l!nglewood City Council M■y7, 2007 P~•I Mayor Wolo1yn aa ld I really appreciate you guys coming down and laking Iha lime to show us In detail, what Is Involved . Ml . Yemen 111d they are e phenomenal team , es you can tell by the ir sco res. I have n.,ver seen a team like thl1 . They ere 30 points short of perfect. .. out 400 points . Mayor Wolo1yn sa id well dona . There was applause . Council Member Wocdward said I would like to say thank you fu l c l.A .. such a great school and all the volunteer work you do ond all the communit y service that you de ... , ,nd are required lo do . And I know you do II, because you have helped me with different projects . Thank yo u Ms . Legnard and Ms . Yemen said thank you . (b) Jan Birmingham sa id I live across the street from the park . I do look out my windows quite a bit. I have seen a lot of decrease In use by the dogs at the park since the Corra l has been opened .. ,,hich we dearly appreciate ... the City granting us the space and every hing they have done with the Cc•u 91. 'kn'>•: : f 4 people on my side of the street that bring the ir dogs lo the pa ,·k In the even ing . They go play o~!. f~r r,,,,n,e ha lf an hour and then they go home . I see another genllemar • walking over there with his dog , '""'"~""'°" lwice a day ... on Saturday I saw him twice and he l'oaiked over . I don't know where he lives , but •:• 11,ss in the neighborhood. I know another lady that lives over by the Safeway who br ings her daughter 10 the park , plays with her daughter In the park and has her do~s with her. If restrictions are imposed she ca 11nol do that. I know another lady that walks around the park , the p,,rameter of the park , and she also lives by the ~afeway . I -injoy walking the paramete r of the park also . The Can ine Corral is wonderful, but ii is not very conducive to walking • around the parameter with the terrain . I did send all of you an e-mail , I hope you read ii. My dog is older and he • cannot jump into my car by himself . He Is 75 pounds . For me lo put him in the car , is hard for me . So hav ing the park and being able lo use II across the street is a godsend . Th is is also a very social thing for the owners , as well as the dogs . People gel to koow each other . II is a great place to go . Jason Park is not so small that ii can't accommodate the kids and the rlogs . I've seen people come with their dogs , with the kids there or the picnickers on Sunday and they don 't slop ... lhey just go somewhere else , because they don't want to interfere with the kids . Now nobody Is complaining about the polka music on Sunday , with the picn ickers . I haven 't noticed any problems with the dogs . I haven't heard of anybody saying there are an y problems with the dogs . think also that th is Is a big community. It is not just Englewood , ii is Denver also . Evan though some of the residents of Denver come lo our parks , we drive on their streets . II is one big commun ity . We all need lo share . We all need lo gel along In one form or another . There might be some give and take . Bui I think restricting or removing access to the dogs being off-l eash would be a very big hindrance lo a lot of the working people in the neighborhood . Not just a bigger , surrounding area . There are a lot of people in that neighborhood that use that park and I think most of them are very respecttul of the other people using that park . I hope you read by e-mail , II Is much more detailed . Mayor Wolosyn sa id thank you . There was applause . Mayor Wolosyn said we don't usually address !ssues during this portion of Iha meeting . I know some Council mem"ers definitely want lo speak to this Issue al the end, so I encourage everyone lo slay around until the end of th• meeting . (c) Ward Stockwell, an Englewood resident , said first I would like to say thank you for giving me the opportun ity lo speak before you this evening . I am one of those people who have been going along sort of Just happy with Englewood . I love the community. A few years ago I made major remodlflcallons to my hou ~e lo hel p support my family staying In this commun ity and I have to say , I think II ls one of the premi er commun llles In Iha area . I saw some of the e-mails floalinp around that said you guys were cons idering laking the park ar.d • • • • Englewood City Council May 7,2007 Paga I making It no longer an off-leash park or even ju1t llmltlng the tlmelramea to 6 to 10 In the morning during the weekdays . Quite frankly , neither of those solutions work will for me . I hr, a prfttty typical family, I have 3 kids and we are all busy. Our evenings ere taken up with making sure the kt:. do their homework end doing their little sports activities and all oi that. The only time I really get to take m , • aut and run them Is on the weekends . I tried to send you ell en n-mall this weekend ... l don't kn~•>' :t ycu gc-t a e.hance to read It or not. I just like to get my dogs out and run them . It helps take away all the og ;resslon l hey get from people walking by . Everybody knows that as people walk by the houses, almost every dug ~ut ther~ Is pretty protective of the house and they are out there bark ing and yipping . I think they get so mo pent up energy . I guess It Is my own fault with what I did with the house . I don 't have a very big yard left at 1111, oo inl. So my dogs don't tel a whole lot of apace to really run . They run in their little circles, but that Is about It. For o, Jason Park Is really the only solution . We have gone over to the Corral and It Is a fairly small park and yoJ can't really get them runn ing back and forth. What we do with the family Is get out there and we all stand at different portions of the park and start throwing the balls and getting the dog to run towards each of us and run back and forth . It really does a great job of just tiring them out. The only thing Is that I am maybe not a major user of the park ... l am onl11 out there on the weekends with my family, that Is the timeframe that I have that I car. fit that In . But I have never seen any problems with the dogs . Now , granted , I am only there a limited amount of time , but there are always people trying to keep track of their dogs and pick up after them . I'm sure that there are some people that don 't particularty follow that rule . But anybody who sees somebody out there whose dog goes to the bathroom and they are walking eway ... people always let them know an(, say hey, you have to clean up after yourself. This ;s a pa rk . But, I have never seen any instances of dogs running wild or anything like that. Every time I am th,,re It Is ah.,z ys 3, 5 fam illes ... at leas t. .. out there that have their dogs . Granted , I am tak ing t~e wee kend that mi,ht be Ill~ busiest tlme ... l don 't know . Li ke I say , I don't get a lot of tima in the park . What I see is a bunch o.l respons ible people that are tryin g to ltika care of their dogs . I am not familiar with all the Issues, I can't sa y I am an expert on the subject. All I can say, Is for me lhe weekends at Jason Park are the times that I ha ve to utilize it and I would like to not see that taken away . Thank you very much for your tim e. I do •opreciate It. I know my reasons are fairly selfish , but I am sure we all h3ve a little bit of that. Thank you for your time . Mayor Wolosyn said thank you . There was applause . (d) Rachal Sh ields sa id my hust·•nd and I live about 2 houses away from Jason Park . We were bom and raised In Englewood and we chose to live at that rartlcular address because Jason Park was an off• leash park , at that time, and we really wan ted a puppy . So when we got our dog that was the first place we went and we've taken her there at least once a day In the summertime and our work is seasonal , so we lake her twice a day In the wintert ime and we have never seen a problem and we have always cleaned up more than our dogs mess ... and we have always been very happy with that. I am also a member of Englewood Unleashed and I help organ ize the brunches on a monthly basis . And since we have gotten the Canine Corral we have done the Jason Park and the Canine Corral on rotating weeks . So we do both of them at least once a month . If we had reotrlcted hours , we wouldn 't be able to do a clean-up at Jason Park , because I work end I know everyone else who shows up for the clean-ups works as well ... and we wouldn't be able to do a full clean-up that we always do to help promote cleaning up the park to let people know that Is what we do . So , I think that would be a problem and I th ink we would have to take out •Jlfferent times to do that and that wouldn 't work well for us . I would also just Ilka to say , that the times my huaband and I have been there , we have never had a problem ... people are very responsible with the ir dogs ... not letting them near the playgrounds . The dogs that I have seen in the playgrounds were with people who have kids there, so obviously they weren't concerned with that. But we have never let our dog go In the pl ayground . On weekends the Canine Coral has definitely helped because ~ we know that , obviously, soccer th ing s are going on , we will just go there , Instead of Jason Park . But Jason Park has always been our favr,;·it, place , because we can run with our dog as well. I think It might create a problem with the other parks, such at Duncan Park , because If Jason Park closes , everyone will just go there because there Is grass there too . That could create a problem . That Is all I ha'lo to say on the subject. Thank you for your !Im@ . I'd also like to say that the mural at Headed West Is absolutely beautiful and I th ink they should be able to keep It. There was applause . Englewood City Councll May 7, 2007 Page 10 (e) BIii Gideon , an Englewood resident , said I have lived at my present addre11 for over 30 years and I am a dally user of Jason Park , with my dog . I have written a letter to Mr . Oakley , who Is my Councilman , regarding my perceptions as to what I have seen In the Englewood paper . I am going to do away with moat of It and just talk about the key points that I know of. I have talked to Councilman Woodward and some of the neighbors and apparently no one knows of anyone who has been bitten at Jason Park, at least since it haa been off.leash . I think that Is quite an accomplishment. I understand there was drug dealing going on al Jason Park ar.d drug dealers aren't frequenting the park anymore . The Canadian geese have left and contrary to Mr . While , most people , I think, don 't appreciate graffiti and I think the taggers are staying away , at least while we are there . Another thing, in 2004 we went all over this and the Council assured us that the park would stay off. leash . In the Englewood 'ierald article there is no ment ion of how many complelnts you received or the nature of the complaints . So we don 't know what went on . We suspect the number was small and that the Council's proposed actions look like your taking inordinate weight and giving ii lo the complainers . You can see how many people havA sho w'1 up that are pro•dog and want lo keep that park open. Apparently, you are not cons idering the elderty ,,od ha ndicapped In those two options , either . In my opinion , I think the 2 options are extreme in their restricti,ona ss and I think they are unnecessary . I don't know what else the off.leash community can do lo elp lo satisfy the people who are complaining . That's about all I have to say and I would like to thank the Council people who did show up al Jason Park yesterday . I know Council Member Mccaslin and Council Member Woodward were there to try to find out what's going on al Jason Park. Thank you all. Mayor Wolosyn said thank you . There was applause . • (f) Katie Mendel said I work at the Greater Englewood Chamber of Commerce . I would like to talk about Englewood Days , which is on September a". Also, within that event , Is going to be the Taste of • Englewood event. I know you have already heard quite a bit about this event from Doug Cohn, In terms of what we are ask ing for, for both of the events . I just wanted to talk further about our request to close the 3400 block of South Lincoln Street . We would be using a portion of that block for the Taste of Englewood event, wh ich is a fundraiser for the Greater Eng lewo od Chamber of Commerce . We really just want lo have a great location for the restaurants to set up their booths . Last year, during the Englewood Days event, the Car Show, we were on the west side of Broadway , away from most of the activities and it just really wasn 't very good for the restaurant s. We didn't get as much foot traffic as we would have wanted . So , putting us on the other side where the Car Sho w is go ing to be , I think will really help the Taste of Englewood event and highlight those Englewood resta urants that will be participating . Doug Cohn has received majority approval from the businesse s on South Lincoln and South Broadway, as of today . I don't know if he has provided you with tha t information or not. Also, as part of our Tas te cf Englewood event , we are thinking about Incorporating a beer and wino sales In that. We have done that as part of Taste or Englewood In the past. Getting the special temporary use permit for that. I know there are some concerns because ii will be an outdoor event, in terms of security and enforcement. Obviously, we would adhere to all City of Englewood regulations and restrictions in terms or how to set it up and the closing off or a confined area . We would limit the number of alcohol ic drinks that each person was allowed to buy. Obviously, that is going to be something that we can talk about further. but I just wanted to address that. That's about all I have . Mayor Wolosyn said I have a brief question . It is the Taste that will be applying for th e liquor license? Ms . Mendel said yes . Mayor Wolosyn said okay, that Is a cla rifica tion we needed . Thank you . Ms . Mendel said thank you . There was applause . l~ayor Wolosyn said " '.ie this will be taken back up again under City Manager's Choice. We have that whole list from Doug that we are going to look at. (g) Scott Gorsky, an Englewood res ident , said thank you for giving me the opportunity to address \'OU. It Is a night of irony for me. I actually followed the lady that had the complaint against the dog park , when I • • • • · Englewood City Council May 7, 2007 Page 11 was here IHI time, and the Destination Imagination loam was Just here from ELA and I would just really hope that we can continue our on-going relation ship that wo have had with the school board in this City and thal we can somehow work something out together , to make sure those kids get there . From what I heard, I have no doubl those kids are going to go and wipe out the competition and win by 100 points and that would be even better If lhat was across the whole world . I Just came to address my concem in regards to Iha positions that City Council holds and I hold . I always find myself In a vary difficult position when we have public comment end my answer lo people la always to follow the appropriate channels of communication . My biggest concern Is that many of the Issues that I see on the School Board are f.~cal Issues , they have fiscal lmpecl and the decisions that I have to make deal with people's jobs and livelihood . In regards to the dog park ... es we can see here, by public comment, there Is a majority and when It comes to non-fiscal Issues, It is my opinion that majority rules . In order end representing the minority voice , all I would ask and all I would reque st Is that there are appropriate venues for Iha minority to be heard . And that if there Is an avenue , to Just make sure that If people do have complaints or If they do have something they wish to be addressed , i~et they are able lo follow Iha appropr iate channels , that they are able to be in touch and in contact with the approp ,•iate people. When I let my weeds grow a little bit too long, this guy back here ... Bill ... is my nei ghbor ... and it wasn 't him ... l know he didn 't call ... and I also had a car In the driveway ... and somebody called on that too . But my only question would be ... if there was an ordinance violation I would receive something at my house ... somebody would come over from Code Enforcement and put something on my door and then I would call the Code Enforcem ent person and, obviously , when the complaint was made they took the lime to come out to make sure the compl aint was valid . I would only ask for that In regards to If there are complaints that people have against the dog park. People are allowed to do thin~• such as that on an anonymous basis . If there are complaints, I would just reall y like to see those people have the strength to come forward . I mean we are not looking for retribution, we are not looking for relaliation . Too many limes that is a fear . I would Just really hope that people are encouraged to follow the appropriate channels , especially when it is something that Is not a fiscal Issue, this is nol costing any money . And If ii Is not costing the City any money, I would just like to request that th is dialogue that is currently occurring between whether you are for or whether you are against , just Is allow 'd to continue and that we don't make decisions too hastily and that we allow for the public to gel a chance to speak . And that if there is a maJorily in favor , then the majority needs lo rule and if the minority , the current minority is not organized enough , then I would hope that we as citizens, Council members, would allow lhose people the knowledge to, basically , give them the Information they would need to become the majority. That is kind of how things work. I would just say that I live not many blocks away from the park . It is an absolutely enjoyable time . My dog is not one of those dogs that make a mess because she will not go In public, as much as I have tried to get her lo go . So , I am never cleaning up after her. I don 't have to take a bag lo follow along after her , because I would probailly drop dead if she eMed up doing something like that. But , I have never had an issue over there . The Canine Corral Is a great place ... there is not really any grass over there and I really like lo have the grass and play Frisbee w,lh my girlfriend and have a nice time over there. It is real convenient to just be able to walk down the street. So , I would just ask that you keep open ears to the pros and the cons . If the pros outweigh the cons and it doesn 't cost the City any money, I don 't know why we would get into a philosophical debate ... a majority rules . Thank you so much and I look forward to continuing our relatlonsh lp wllh the Clly Council and the Englewood School Board . Thank you so much . And if I do ditch out a liltle bit early, I apologize, but I promise I will read the minutes ... people don't know that...you can read the minu te s nd you know what everybody said . So, If it's In the minutes ii happened and If II ls not In the minutes It didn't happen . Thank you so much. There was applause . (h) Linda Lipscomb, an Englewood resident , sa id this I my service dog Zephyr. I am here tonight In support of continuing the off-leash status of Jason Park . If we work together we can develop a plan that allows all the people of Englewood, those with and without dogs, the opportunity to enjoy th is beautiful park . If the Council votes to close Jason to off-leash dogs and/or limit the time the off-leash dogs are allowed, It will be difficult , If not Impossible for me , to er9rcise Zephyr, because I live in an apartment setting and don 't have access to a fenced backyard for Zephyr lo run and play freely . Other off-leash parks In the Denver ,.,etro area don 't really work for Zephyr and me because they are often mostly dirt end usually don 't have trees for shade . They are also sometimes hilly and make II dlfficull for me to maneuver my scooter. Also , I have a medical condition that is worsened by heat. The cool grass, along with the shade from the trees at Jason Pa, k makes it possible for me and Zephyr to play and also to keep myself cool enough to stay outs ide with him . It 1, my Englewood City Council Mey 7,2007 Page 12 understanding that this Issue was brought lo Council by a resident who had a picnic rudely Interrupted by a dog or dogs that invaded their space and ate their food . Now If Zephyr had done anything like that I would have regained control, apologized for his behavior and offered to pay for the food and/or any damage caused by my deg. I hope any reoµons ibl~ dog owner would do Iha same. Ona way lo give the people the ability to enjoy the playground or the picnic area and co-exist peacefully with off-leash dogs would be to build a fence along the north side of the playground , extending past the picnic shelter. This would act as a barrier to keep the dogs pla 1·ing In th& open spa ce north of the playground and allow the children to play freely and picnicking people to enj oy Ir,&~ r Jtslde fun , without the fear of dogs bounding In uninvited . Please consider either voting no to the mol>e~s ,his evening, regarding Jason Park or tabling the motions so that more options , like the fenca, can be ex h,)fo I encou rage the City Council and Englewood residents, to set aside any differences we have about the usa,o t • Jason Park and find a way to accommodate everyone's needs . Thank you . tll'lll'I} was applause . (i) Michael Mahaney said I am the owner of Headed West . I have been do ing bus iness in Colorado for nearly 10 years , of which, 4 years has been In the City of Englewood . I am here to address the growing problem of the unwanted graffiti . This problem has been happening for the 4 years I have had a bus iness in Englewood and the problem continues to get much worse . Under current law, a business owner or a resident has 3 days to remove the unwanted graffiti before they are fined . This is very cosUy and very time consuming . I spend more lime addressing th is issue than I do actually running my business sometimes. I took the initiative and hired professional artists to paint murals to eliminate the unwanted graffiti. At that point we had a customer appreciation party and about 1500 people showed up . We had free food and the radio station was down there giving away a bunch of free products . And a lot of people were there to witness the actual murals going up on the walls. From my expe ri ence during the past month the murals have been up there, we had • several thousand people who have stopped by our business and really congratulated us on the artistic value of • the murals . II seems we have a couple of people In the City who have found the murals lo be not desirable, where there are thousands of people who thoroughly enjoy It. So, I would like to keep them up there for that rea,on . Under the current law a mural is a sign and this is in no way a sign, this is simply artwork . It has been proven with graffiti task force agencies throughout...as Keith said ... Philadelph ia and other major citles ... that professional artwork eliminates graffiti. So called taggers will not tag over other artists work ... thls has been proven . With the current art work I have ... it has been up there for nearly a month and I have had, absolutely , no tagging whatsoever . Other cities , such as Denver , have taken a progressive stance on the graffiti and I ask that you reconsider the current law with murals and confront the graffiti problem by allowing murals as art work , not as a sign . This will allow local art ists to take part in the beautification of South Broadway . That is all I have to say . Thank you for your lime . There was applause . G) Lynnette Heidrick, an Englewood resident, said thank you :or letting me come and speak again . I was one of the people who did complain about the dog park . I know you are all going to give me daggers and probably stab me when I walk out of this building and go tepee my house and everything else . I have never complained about the mess . I did complain because ... ! was just educated ... ! did not know that there was an Englewood off-leaso club, I had no Idea . Nobody Identifies themselves , so it would be wonderful II you guys wore name lags at the park, so I could chase somebody down when a dog is chasing my chil~ ... so I can say who is this pe rson , who does this dog belong to? Because my daughter Is 2 years old and she thinks every dog Is friendly and the first time my daughter gets bit, Its going to be the last tlme ... it's going to be a very sad situation . I have 2 Labradors al my house. I love my dogs, but when I take them, I take them on a leash because I don't know how they are going to rea, • to other dogs or other people . That is "'Y biggest fear Is my children ... because I have been 01 the playground ... ! know a lot of the dog people are al the ca nter of the field, closer to the soccer field, away from the playground, where they are not seeing what I em seeing . They are not S!Ming the kids and the dogs coming all over . I know dogs love ~Ids and kids love dogs ... but I don't know which one Is friendly and which one Is not. And it scares me half to death . I understand your fear and that you want to • keep It that way, but I want to be able to keep my kids safe too . I know you guys are over there and I have been there at soccer practic ,, I have been there at a soccer game, where they have had to call a game because a dog has run through the field at the time of a game . And I know there is a sign that says "children at play , dogs • • • Englewood City Council M1y7,2007 P■ge 13 must be on a leash ", but they are not following II. So , there are people there that are part of the off-leash dog park group ... but they really need to Inform these other ones that these are rules , or have bigger signs or someth ing . II really does frighten me wh ~n dogs are runn ing up to my child or she Is runn ing up to them ... l Just don't want any comp lications . Thal Is m~ o:ri~••I concern . So , If you guys are there all the lime , on Saturdays , on Sundays, In the even ings and when people aren 't follow ing the rulea , then someth ing needs to be sa id to lhem ... because they are not . That 's my piece . Thank you . Mayor Wolosyn sa id thank you very much . There was applause . (k) Christle McNelll, an Englewood res ident , sa id thank you for giving me thi s opportun ity lo speak . I apprec iate that we have a chance , as citizens , to come lo the Council and let you know what goes on In our lives . I'm going to speak on the Jason Park iss ue. A couple of years ago , rny husband and t had a cho ice , when we combined our incomes , whether to lea"e Eng lewood and in ve st in Denver or Invest in Englewood . We chose to stay In Englewood , largely because of me econom ic and soci al diversit y that Is here , the commun ity that is here and the commun ity we had become part of .. .largely , than ks to our dogs . One of the th ings I ha ve really been frustrated with ... and I really appreciat e th e la st speaker for com ing and express ing what the actuel Issues are and the concerns are .. because I th ink some of the time we don't eclually ha ve the opportun ity to hear each other and I really app re ciate that. I think that II Is reall y important that you can kind of see Ih a oulpu t...thal the commun ity has come out in support the off-l eash privileges at Jason ... and it is a pr ivi leg e and we know it and we do guard ii. To have a few compla ints versc;.; the commun ity we have developed is reall y ... lo have that outwe igh the community ... and I do say the commun ity because financ iall y we ar e a part of the En~lewood community, we are all tax payers and we are all law abiding citizens ... I say commun ity because we ha ve our own commun ity where we are actually part of a local neighborhood , we are friends , we support each oth er, we have concerns with each others famil ies and our dogs and our liv es and the Englewood community as a whole an d it is very demoralizing and damaging to that community wh en these th ings are threatened and when we are constantly thre atened every coup le of years with these situations . Whe n I am there at Jason , I see there are still lots of kids us ing the playgrounds . I have been there and there are soccer games , I've been there and there are birthday part ies ... so the fact that there are dogs there off-leash has not prohi bited the people from using the park . I know that most of us . ,ave exercised a lot of concern for other activ ities in the park and I see things gravitate as the picn ickers show up , or tre soc cer games start ... l sr.e th e dogs move farther and farther and deeper into the park . II ls a large park and we are capable of us ing ,1 as a shared space . In the winier when ii snows , we are the only people there at the park , period ... the dog walkers . grew up In New York City and thank goodness for the dog walkers, because Cemra l Park would not be a safe place , without the dog walkers . They are the one s that are there fir st thing In the ,nornlng , they are the last ones there al night. So , they are , actually , a kind of community patrol. I apprec iate that we have the Canine Corral. II is great. .. but no more than you would have one or two pl aygrounds and lell lhe entire widespread Englewood commun ity to send the ir ch ildren lo thos e playground s, Is II fa ir for you lo say, well , you've got one place here and one place there lo go. Because that increases dr iving, ii increases pollullon ... plus ii Interrupts the community th at has been developed and formed . We have had potluck s and brunches and gone lo people 's part ies . So when you tear those fibers apart you are actually interrup ti ng the commun ity that has developed In those locales . The community of Englewood needs neighborhood oriented , access ible, convenient multi-use public spaces in people 's communities ... which Jason Is . So having one or two is not enough . There are a lot of us , as you can see , that are dog owners . My husband and I are also going to have a baby soon and so we are getting deeper and deeper into the commun ity . And having the opportunity lo be able to go to the children's park and the dog park al the same time Is going to be an absolute godsend . I would just like le thank yn,, so much for giving us an opportunity to be heard . Aga in, restricting the hours is not really an answer because most of us are full-time workers and the lime we can use It Is In the evening and on the weekend s and that Is when we are on patrol . Thank you very much . I appreciate your time and attention . There was applause . Englewood City Council !lay 7, 2007 F·ege 14 Mayor Wolosyn said Michael Smilh will be lhe lasl person to speak et this po int in the meeting . We have 5 more signed up end I encourage you to stay. Our meeting doesn't usually run that long, but I want to respecl the people from Swed is h who ere here for th e Public Hearing . (I) Michael Smllh said I am here to support off-leash Jason Park . So many great things have been said already and I don't have to repeat them . I just wanted lo say that every time I go to Jason Park I commen t how wonderful It is . I think we live In a soc iety where people are so Isolated and It is j ust won derful to meet other dog owners and talk . The grass Is so beautifu l and the trees ... my dogs love the park . One of our dogs doesn 't love kld s ... l don 't know what happened when he was a puppy ... but he doesn 't love kids . So anyt ime a little kid comes near the dog we always tell th e parent that ... no they can't pet the dog, because he doesn 't really like kids . This happens occasionally and we have never had a prob,em . It would be really sad if our dogs could not go to that park and enjoy such a wonde rful, wonderful resource . So , I hope it stays the way it Is. Th is community of dog own ers is phenomena l. I think with a little common sense we can figure out how to do th is and make everyone happy. Than ks for listening . And I love the Headed West mural too . There was applause . Mayor Wolosyn stated as I said we will continue wilh the meeting and return to this . (Cl erk's note : Uns che du le d Pub lic Comment continued . See page 26 .( 8 . Communications, Proclamations and Appointments (a) An E-ma il from Doole y Gehr tendering hi s re signali on from the Code Enforcement Advisory Comm ittee was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO ACCEPT, WITH REGRET , THE RESIGNATION OF DOOLEY GEHR FROM THE CODE ENFORCEMENT ADVISORY COMMITTEE . Council Member Woodward said Dooley has been the Chair, has been on the committee a number of years and he is certa inly a valuable member . Council Member Barrentine said Dooley has served as Chair and he will be sorely missed . He has been diligent and very reasonable in handling the committee . He will be very missed and I am sorry that he needed to res ig n. Mayor Wolosyn said I would like to add that Dooley is a real gift to this community . Vote re■ults: Motion carried . (b) considered . Aye s: Council Members Ba rrentine , Mcc aslin, Moore, Wolosyn, Woodward, Tomasso , Oakley Nays : None A proclamation nam ing Nancy Peterson as Englewood 's Citizen of the Year for 2007 was COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION NAMING NANCY PETERSON AS ENGLEWOOD 'S CITIZEN OF THE YEAR FOR 2007 . Mayor Wolosyn asked if there was any discuss ion . There was none . Vote r11ult1 : Ayes : Nays : Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward , Tomasso , Oakley None • • • • • • Englewood City Council May 7,2007 Paga15 Motion carried . (c) A proclamation honoring Police Week and Peace Officers ' Memorial Day was cons idered . COUNCIL MEMBER TOMASSO JI.OVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING POLICE WEEK M, PEACE OFFICERS ' MEMORIAL DAY . Mayor Wolosyn asked if there was any discuss ion . There was none Vote re ■ults: Motion carried . Ayes : Council Members Barrent ine, Mccaslin, Moore, Wolosyn , Woodward , Tomasso, Oakley Nays : None Mayor Wolosyn presented the proclamat ,on to Director Olson . Mayor Wolosyn said I wou ld like to thank you for br inging the se things forward and bringing them to our allention , because you deserve the recogn iti on . Thank you . 9. Consent Agenda (a) Approval of Ordinances on First Read ing There were no additional items submitted for approval on first reading . (See Agenda Item 11 .) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (b) (I), (II), 9 (c) (I), (II), (Ill) and (Iv). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 24 , SERIES OF 2007 (COUNCIL BILL NO. 26, INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE AUTHORIZING A "PURCHASE AND SALE AGREEMENT" BETWEEN XCEL ENERGY AND THE CITY OF ENGLEWOOD, COLORADO . (ii) ORDINANCE NO . 25, SERIES OF 2007 (COUNCIL J ILL NO. 27 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZ ING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "CONTRACT FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING WARNING DEVICES UNDER FEDERAL SECTION 130 PROGRAM", PERTAINING TO THE INSTALLATION OF INTERCONNECT RAILROAD PRE-EMPTION CIRCUITRY AT DARTMOUTH AND TEJON INTERSECTION BETWEEN THE Ct•LORADO DEPARTMENT OF TRANSPORTATION , THE BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY (BNSF) AND THE CITY OF ENGLEWOOD , COLORADO . (c) Resolutions and Motions (I) Motion to approve a contract wilh Associated Pool Builders, Inc . for the purchase and installation of an ultraviolet dechloraminatlon and disinfection system at Pirates Cove, in the amount of $36,400 .00 . (II) Motion to approve a contract w ith Norkoli Construction , Inc . for construction services for exterior repa irs of Service/Support Facil ity Building 1 in the amount of $149,656 .00. Englewood City Council May 7, 2007 Page 18 (ill) Motion to approve the purch ase of one 2007 Freightllner, Model M2, cab and chass is from Transwest Truck c 1, l>\g amount of $64,661 .00 . (Iv ) Motion lo approve awarding a contract lo Hartwig & Associates, Inc. for design of the Platte River Bridge Project in the amount of $235,449 .20 . Vote raaulta: Mot ion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso , Oakley Nays : None 10. Public ltearlng Items (a) Mayor Wolosyn said this is a Public Hearing to gather input on Council Bill No. 25 authorizing the Swed ish Medical Center Planned Development Amendment No . 6. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO . 25 AUTHORIZING THE SWEDISH MEDICAL CENTER PLANNELJ DEVELOPMENT AMENDMENT NO . 6. Ayes : Council Members Ba rre ntine, Mccaslin, Moore, Wolosyn , Woodward, Tomass o, Oakley Nays : None Motion carried and the public hearing opened . Senior Planner Langon said I will be brief tonight. For your consideration is Council Bill No . 25, a public heari ng for Amendment No . 6 for Swedish Medical Center Plann~d Development. I have already presented, for the record, Proof of Publication , that this Public Hearing was ,,oticed in the Englewood Herald on April 6, 2007 and also proof that the property was posted, per City requirements . Amendment 6 is a request by Swedish Medical Center for construction of a 40 fool extension , above the main entrance . That is located al 501 East Hampden Avenue . Th is was reviewed by the Planning and Zo nin g Commission and recommended favorably that the Amendment be approved . The current zoning of the expansion site is within the MU-R-3-B District. Under that Planned Development ordinance , there are two types of amendments possible . An administrative amendment that are small changas .. .for technical or engineering changes and then there is a broad category of all other amendments and those amendments must be made under the same procedures that were applicable to the initlal approval of the Planned Developmen t. Therefore , any request is under the same procedure and that Is why we are here this evening for the Public Hearing. Just for background , the original Planned Development, at Swedish Medical Center, was approved by City Council In 1989. There have been a total of five subsequent amendments . Amendments 1 through 3 were for the medical office buildings , Amendment 4 was for hospital expansion and Amendment 5 created the current entrance al the hospital, with surgical suites above the entrance . Thal is the area where Amendment 6 will expand beyond there. The intent of the expansion is to provide medical/surgical beds In private rooms so that Swedish may remain competitive in the patient care market and also provide a patient focused facili ty. The reconfiguration from sem i-private lo private rooms through this part of the expansion, will create only 5 addlllonal hospital beds . This expansion requires a 40 fool extension above the current 53 foot tall building, so that the overall building will be approximately 93 feel . Thal will be two levels occup ied by private rooms and then an Interstitial floor wh ich Is a mechanical and lransltlonal floor lo help match the two build ings and connect the two buildings so that il oor ILvels will be even when the expansion Is completed . Under the Planned Development ordinance there ere five conditions under which the amendment can be considered. The first is that the use be a permitted ,,se within the zone district and hospital use Is a permitted use within the MU-R-3-B district. Second Is that the use and the request be consistent with the Comprehensive Plan . The Roadmap Englewood : 2003 Englewood Comprehensive Plan recogn izes that Swedish Medical Center Is an anchor in the City's economy . II recogn izes that the hospital wlll continue to grow and It also recognizes that Swedish Medical Canter Is a catalyst for further redava lopmen l to the City . Third consideration is to co ns ider the effects on the surrounding area . The proposed expansion Is located above the • • • • • • Englewood City Council May 7, 2007 P1g117 hospllal's main en trance . II ls fully on the campus. The setbacks are maintained. II ls an opportun ity lor public comment evening and also there Is an awareness of the public sentiment In favor of upward development rather than horizontal expansion . Thal was brought out during the Small Area Plan recanUy . Fourth Is that landscaping requirements are mat. The MU-R-3-B zone district requires a 25% total site landscape requirement. And Amendment No . 5 In 2001 ... al that lime there was 27 .33%. The degree of change Is Insignificant and still rema ins al approx imately 27 .3%. And Iha last criteria Is that the off-street parking requirement Is met. The City's minimum requirement lor Swedish Medical Center Is 637 spaces and thst Is based on the number of beds and employees . And all told , between all Swedish '& available lots and garage spaces , they have 2,458 spaces , which well exceeds the requirement . Therefore , staff believes that the overall Development Plan for Amendment 6 Is consistent with the intent of the Comprehensive Plan and Plan Development requ irements . Ms . Langon sa id If you have any questions , I would be happy to answer them , otherwise I will turn ii over to Mary While , Chief Executive Officer of Swed ish Medical Center end her team . Council Member Tomasso said if they were to put a green roof on ... the green landscaping on the roof ... would that count as e percentage on the ground? Ms. Langon said we actually have not had any offers of that from anyone ... whell ier from Swedish or othars ... and we don't have that in the ordinance, but II certain ly is something that we would consider as some type of alternative . And we have talked lo oth er developments that are looking al II. Mayor Wolosyn asked if there were any other questions . There were none . Mary White , CEO al Swedish, said Tric ia has done a great job explaining our project and I thank you very much for the five amendments that we have had over the years . If you have any questions I would be happy lo answer them and we would apprec iate your support of this amendment. Mayor Wolosyn asked if there were any questions . Council Member Woodward said I just w,,nt to make a statement lha 1 I beli ev e ii is 101 years now that SweJ ish has been in the communi ty and that has oeen a great business ... a tra um a on e type hospital. And that amount of added beds with this expans io n is five beds and II ls upgrading and bn11gi11 g the hospital into the 21" century and It serves the south end of the metro area . The;e Is a big article in the paper ... l lhink II was either this week or last, It's all blending together ... abou l how everything is moving out lo Fitzsimons. And speaking, I think, now on our behalf and I think on behalf of a lot of the citizens of Englewood, that we really appreciate having Swedish in the community . Congratulations on your expans ion . Mayor Wolosyn said thank you and thank you Mary . There was •~olauso. Mayor Wolosyn said I would just like to second what Jim said . We are proud to have an organization like Swedish in our community . Thank you for everyth ing you do. Mayor Wolosyn asked if there was anyone else who wante~ to speak during the Public Hearing . There was none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER INPUT ON COUtlCIL BILL NO . 25 AUTHORIZING THE SWEDISH MEDICAL CENTER PLANNED DEVELOPMENT 1\MENDMENT NO. 6. Ayes : Council Members McC' ,slin, Moore , Wolosyn, Woodward, Tomasso , Oakley Nays : None Absent: Council Member Barrentine Motion carried and the public hearing closed . Englewood City Council May 7, 2007 Pago 18 Mayor Wolosyn sa kJ since Ms . Barrentine Is not here and the City Attorney has explained to me that we prob;bly shouldn't ~ontlnue with the rest of the Agenda, let's take a five mlnule break . We have to have all of us here to begin addrfl a~.-the regular agenda . Tile meeting recessed l 9: 14 p.m. The meet !,1g reconven ,xi at 9:21 p.m. with all Council members present. 11 . Orcllnoncas, Raaolullon end Motions (a) Approval of Ordinances on First Reading (i) Director Fonda presented a recommendation from the Englewood Water and Sewer Board to adopt a bill for an ordinance authorizing an amendment to the 1990 Big Dry Creek Interceptor Agreement regarding fees . He said I will be brief. The Interceptor Agreement was arrived at in 1990 lo increase the capacity of the Interceptor at that time and prov ide for repairs , and later for ongoing repairs and maintenance, which are substantial. We have cor 'sled all of the construction projects that required increasing capacity, therefore now the agreemen t requires f .ve institute the fees required for the maintenance . Studies wera done to determine what the ma 'ntenance w"' ue over the next, I believe, 15-20 years and we would institute the fees at this time . It woul increase an average sewer account from 45 cents to $9.00. For Englewood residents however , though we will use our operation and maintenance fees that we collect anyway and just treat that as an e,pense to the Fund ... so the actual bills won 't go up for those in the City, except for those that are in the South Englewood Sanitation District. MayorWolosyn asked if there were any questions for Stu . Council Member Woodward said I have one question . On the back here , ii says the typical residential customer will see their bill go up from 45 cents per year to approximately $9 .00 per year ... which isn't much money ... but I wasn't very clear on, is this all of Littleton and Englewood wastewater users or is It the Southgate, South Arapahoe, South Eriglewood and part of the City Englewood Sanitation District? Mr . Fonda said it is the latter. Mr . Woodward said okay, so it is just a part ... it doesn't affect all. Mr. Fonda said Littleton is not part of this . Mr . Woodward said but all of Englewood ls? ... or just the south part? Mr. Fonda said just the south part that goes into the Interceptor , but we !,eat everyone in Englewood the same and we just view that as an expense against our pip ing expense . Just like In Scenic View, we would view that as a piping expense and we charge the entire group for the maintenance of all of our lines. So, the homeowners won't see that In their bills specifically . Mr . Woodward said okay . Mr . Fonda sa id unless they are in South Englewood Sanitation District. Mayor Wolosyn asked if there was any other discussion . There was none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 24 . COUNCIL BILL NO . 24, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE 1990 BIG DRY CREEK INTERCEPTOR AGREEMENT REGARDING FEES . Vote r11ult1: Motion carried . Ayes : Nays: Co•Jncll Mei. ,bers Barrentine, Mccaslin, Moore, Wolosyn, Woodward , Tomasso , Oa kley None (ii) Housing Finance Specialist Grimmett presented a recommendation from ths Community Development Department to adopt a bill for an ordinance approving and authorizing the execution of • • • • • • E1111lewood City Council May 7, 2007 Paga 19 three Intergovernmental Subg rantee Agreements between the Arapahoe Board of County Comm l11lonn and the City of Englewood for the 2007 Arapahoe County Commun ity Development Block Grant Program . She sa id I am here th is even ing to request Counc il's approval of three Intergovernmental Agreements with Arapahoe County for our 2007 Commun ity Developmont Block Grent Funds Program . Three programs were submitted with Council 's approval last fall. They were approved by the County In approxima tely March of this year and the County has now generated the Intergovernmental Agreemen ts. The three projects that were funded are Hous ing Rehabilitation Fund of $70 ,000 .00 , $34 ,000 .00 were awarded to the House of Hope fo r staffing personnel and $55 ,000 .00 for our Homeowner Pa int-up/Fix-up Program that we have throughout the City . There will be a small re imbursement of Administrative staff , bu t primarily there Is no oth9r add itional cost admln lstratlvely to adm inister these funds ... ex lstl ng staff will do so. And we'll be , ·o·bursed slightly back to the General Fun d with monies from the Block Grant Program. Mayor Wolosyn sa id before I open It up for qu ostlons, I would li ke to say tha t these , ~rnmun lty Development Block Grants every year ... they are sort of In jeopardy from the Federal government , but here we can see the work that they do on Iha ground In our commun ities ... our dollars com ing back to us on the Federal level. Mayor Wolosyn asked If anyone else had any questions for Janot. There were none . COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (1) (II) • COUNCIL BILL NO. 28 . COUNCIL BILL NO . 28 , INTRODUCED BY COUNCIL MEMBE.R WOODWARD A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECU'flON OF THE THREE INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2007 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD , COLORADO . liote result■: Mo ti on carried. Ayes : Council Members Barrentine, Mccaslin, Moore , Wolosyn , Woodward, Tomasso , Oakley Nays: None (Ill) Hous ing Finance Speciali st Grimmett presented a recommendation from the Community Development Department to adopt a Bill for an Ordinance authorizing an Intergovernmental Agreement between Arapahoe Community College for the Area Career and Techn ical School and the City of Englewood perta ining to the build ing of a sing le fam il y res idence In the 2400 block of Sou th Zun i Street In Englewood dur ing the 2007/2008 school year . She said I am here this evening to get Council 's approval of another contract with Arapahoe Community College to bu ild another home up in northwest Englewood using the students through the trades program that Is through six high schools, as well as Arapahoe Commun ity College themselves . The next project Is schet1uled on a parcel of land that was purchased a couple of years ago . That land Is currently In the process for administrative review to be subdivided Into four bulldable lots and the next school years program will be built on one of those lots , as soon as the review Is completed . The address at this time Is officially unknown, but It will be In the 2400 block of South Zun i. Currently, this last years project Is be ing finished up and Is scheduled for completion on May 181' ... on the project that we had at 2380 South Zuni Street. And I want to be sure that Council ls extended an Invita tion to the Oren House that will be on May 18'" at 4 o'clock In ih9 afternoon , ~owe encourage you to come and see what we completed In th is last school year and hopefully ha\'e approval to start the program In about August or the first of September on next years projec t. Mayor Wolo ayn asked if there were any quasllons . Council Member Woodwerd said I just want to SPY that , you know, th is Is such a great program and evury year I th ink I probably say ... I1 Is more than just the (Jmmunlly College, II Is the high schools . And I remember the one year that the architect was a jun ior In high school ... a young woman from Sheridan High Sch l...and It Is just i:nglewood City Council Mey 7, 2007 Page 20 very Impressive what they do in a year and I think It really adds a lot lo the community. You don't see very many communltif 1 having the type of partnerships like this . I cong ratulate you on keeping this program going . Council Member Barrentine said it is a collaborative effort and the homes have been Impressive .. the effort has been Impressive . Ms . Grimmett said thank you . COUNCIL MEMBER TOMASSO MOVED, ANO IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (1) (ill) -COUNCIL BILL NO . 29. COUNCIL BILL NO . 29, INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORD!NANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN A~PAHOE COMMUNITY COLLEGE FOR THE AR~A CAREER AND TECHNICAL SCHOOL (ACTS) AND TrlE CITY OF ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT 2400 BLOCK OF SOUTH ZUNI , ENGLEWOOD , COLORADO . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward , Tomasso, Oakley Nays : None Mayor Woiosyn thank~d Ms . Grimmett . (iv) Director Fonda presented a recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Commlllee to adopt a bill for an ordinance declaring the 960 acre farmland parcel in Arap?~oe County as City of Englewood surplus aod authorizing the sale of this property. He said we went over this in Study Session and we believe that the othilr farm we acqu ired will do the job and that this farmland may be disposed of and we would recommend that. Mayor Wulosyn asked If there were any questions . There were none . COUNCIL MEMBER TOMASSO MOVED, ANO IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Iv) • COUNCIL BILL NO . 30 . COUNCIL BILL NO . 30 , INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE DECLARING THE 960 ACRE FARMLAND PARCEL IN ARAPAHOE COUNTY AS CITY OF ENGLEWOOD SURPLUS AND AUTHORIZING THE SALE OF THIS PROPERTY . Vote results : Motion carried . Ayes : Council Mom • ,rs Barrentine, Mcca slin , Moore , Wolosyn, Woodward, Tomasso , Oi. ey Na}'S: None (v) Director G<>-giewicz pr~•ented a recommendation fr~m the Finance and Administrative Services Department to adopt a bil ' frr an ordinance approving the refunding of the Multifamily Housing Revenue Refunding Bonds (Marks 1,partments) Series of 1996 by issuing Variable Rate Demand Multifamily • • Housing Revenue Refunding Bonds (Marks West Apartments) Serles of 2007. He said this bill for an ordinance • authorizes the Issuance of Refunding Bone's on a portion of the Marks West Apartments ... west of the Civic Center. The reason these bonds are issued Is !o lower the cost of providing mid and low income rentals in the City . The City does not ectually take any responslblhty for tnls debt. It Is more of a conduit lssuanoe . We don 't • • • l!nr;i-od City Council M1y7,2007 P■oe21 mike payments, we just allow them to use our tax exempt status . On the 21 • of May between I and 2 P.M., as required by the tax laws, there will ba a Public Haering on this Issue . The City will also collect $12,500.00 for administrative expenses associated with this Issuance. Mayor Wolosyn asked ~ there were any questions for Frank . There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (■) (Y) • COUNCIL BILL NO. 31. COUNCIL BILL NO . 31 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF AN AMOUNT NOT TO EXCEED $11,200,000 VARIABLE RATE DEMAND MULTIFAMII .Y HOUSING REVENUE REFUNDING BONDS (MARKS WEST APARTMENTS) SERIES 2007 OF THE CITY OF ENGLEWOOD, COLORADO FOR THE PURPOSE OF FINANCING A PORTION OF THE COST OF REFUNDING THE CITY OF EN GLEWOOD, COLORADO MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (MARKS APARTMENTS PROJECT) SERIES 1996; APPROVING AND AUTHORIZING EXECUTION OF A TRUST INDENTURE, A FINANCING AGREEMENT , PURCHASE AGREEMENT, INTERCREDITOR AGREEMENT, AND AN AMENDED AND RESTATED LAND USE RESTRICTION AGREEMENT WITH RESPECT TO THE BONDS AND THE MULT!rAMIL Y HOUSING PROJECT BEING REFINANCED WITH THE PROCEEDS OF THE BONDS ; MAKING FINDINGS AND DETERMINATIONS WITH RESPECT TO THE PROJECT AND THE BONDS ; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS; AND REPEALING ALL ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH . Vote results: Motion carried . Ayes : Nays : Council Members Barrentine, Mccaslin , Moore, Wolosyn , Woodward, Tornasso , Oakley None Mayor Wolosyn said thank yo ., Frank . MayQr Wolosyn said the City Attorney tells me that the next three Items : 11 (a) (vi), (vii) and (viii) which are Mutual Aid agreements between the City of Englewood with South Matro Fire, City of Littleton and Iha City of Sheridan respectively, can be moved at one time . Chris Olson , Safety Services Director and Chief Pattaroul are here to present these . Director Olson said I just want to lnlervene real quickly and first of all, I want to thank Councll for the proclamation earlier for declaring Police Week and a Police Officers Memorial Day . I didn't get a chance lo say this before, but police officers are one of the more precarious positions you could hold In p•1bllc safely In this country. The purpose of the Police Officers Memorial itself Is now In Washington, D.C . so you may have gotten a chance to see It the last time you were out there . But, II does recognize those fallen officers that give their lives, essentially, to the public. We have a contingent of police officers, that hopefully, names will never be on that memorial , but still every day give their lives and put themselves In jeopardy to protect the citizens of this community . I do that as Iha Police Chief for the City, but secondly ea the Fire Chief, I just wanted to preclude or go ahead of Mike here just a little bit. These Mutual Aid/Automatic Aid agreements have basically bean something that the City of Englewood has participated In for almost 30 years. These are dona with the communltlet around us . But they allow us the opporlunlty to share mources without having to be this self- contained City, where that Is an u,at v,e rely on. So, by entering Into theae , we are able to dlsparaa our resources with a little more cost efficiency and also provide a much better level of protactton throughout this ent~e area . Mike has worked on these extenaively and I will let him step forwerd and anawer any other questions you may have . Englewood City Council May7,2007 Page22 Division Chief Pettarozzl presented a recommendation from th~ Safety Services Department to adopt a bill for an ordinance approving an Intergovernmental Agreement for a Mutual Aid/Automatic Aid Agreement between South Metro Fire Rescue end the City of Englewood . He said I em the Operations Chief of the Fire Division and I am here before you tonight to ask for the passing of en ordinance to update our Automatic and Mutual A!d agreements with the South Metro Fire Rescue District , the City of Littleton and the City of Sheridan . As rnrector Olson has stated , these agreements have been In place for many years and it was just time to look at them to update them and make a few changes . Mayor Wolosyn said are there any significant changes that you would Ilka to point out? Chief Pattarozzl said there are a couple of changes that I would like to point out. Prior to these agreements, there were holes in the coverage of the City nf Englewood . After these agreements go into place, all of the City of Englewood will be covered by Automatic Aid agreements . Additionally , our responses Into Littleton have not changed any. Our responses into Sheridan have not changed any . We will be going into a slightly larger area of the South Metro Fire Rescue District . (vi) A recommendation from the Safety Services Department to adopt a bill for an ordinance approving an Intergovernmental Agreement for a Mutual Aid /Automatic Aid Agreement between South Metro Fire Rescue and the City of Englewood was considered . COUNCIL BILL NO . 32, INTRODU ~ !Y COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR MUTUAL AID/AUTOMATIC AID AGREEMENT BElWEEN SOUTH METRO FIRE RESCUE AND THE CITY OF ENGLEWOOD , COLORADO . (vi i) A recommendation fr Jm the Safel y Services Department lo adopt a Bill for an Ordinance approving an lntergovernmer.lai Agreement for a Mutual Aid/Automatic Aid Agreement between t~e City of Littleton and the City of Englewood was considered . COUNCIL BILL NO . 33, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR MU TU AL AID/AUTOMATIC AID AGREEMENT BElWEEN THE CITY OF LITTLETON , COLORADO AND THE CITY OF ENGLEWOOD , COLORADO . (viii) A recommendation from the Safely <>ervices Department to adopt a Bill for an Ordinance approving an Intergovernmental Agreement for a Mutual Aid/Automatic Aid Agreement between t, d City of Sheridan and the City of Englewood was considered . COUNCIL BILL NO . 34, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR MUTUAL AID/AUTOMATIC AID AGREEMENT BElWEEN THE CITY OF SHERIDAN AND THE CITY OF ENGLEWOOD, COLORADO . COUNCIL MEMBER WOODWAIRD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 11 (a) (vi), (vii) and (viii) • COUNCIL BILL NOS . 32, 33 and 34 . Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wotosyn , Woodwa,d, Tomasso, Oakley Nays: None Mayor Wolosyn sold thank you both . We do realize how much you ~ •. end it is nice to know that wa are all friendly neighbors In ,. ·\s end of the meiro area . • • • • • • Englewood City Councll May7,2007 Paga 23 (b) Approval of Ord inances on Sacond Reading There were no add itional items subm itted lor approval on second read ing . (See Agenda Item 9 -Consent Agenda .) (c) Resolutions and Motions (I) Dlractor Gryglewlcz presented a recommendation from the Finance and Adm inistrative Serv ices Department to approve a resolution for a Supplemental Appropriation to tha 2006 Budget for the Various Funds . He sa id this is a supplemental appropriation to the 2006 Budge t. As you know, often times ail of the bills and all of the allocations are not done until later In the year . But as Council kno ws, ail funds need to ba expended and approved by Council , so this Is a supplemental appropriation of the Gen urai Fu11d, the source of the fund ing for these additional expend itures , were $140 ,551 .00 from the Fund Balance . Reimbursement from the develope r Is $102 ,000 .00 and Racreatlon Program Revenue-P irates Cove was SB0 ,000 .00 for a total of $322 ,551 .00 . The uses of those funds ... Public Works, as you know , had additional snow costs and those were $50 ,000 .00 and were put Into the common area maintenance . For Parks and Recreation-Pirates Cove personnel and concessions $123 ,000 .00. Parks Division had more waler usage than planned ... that was $30 ,000 .00 . In the Library some insurance costs were incurred, but not budgeted and those were $15 ,000 .00 . And also Contlrigency for the Golf Course Redevelopment to the southwest was $102,000 .00 and Debt Service , we had agent fee s, $2,551 .00 . In the Donors Fund, we had from our Forfeiture Funds, we had $96,000 .00, was the source funding and the use was the computer aided dispatch system for the same amount. And the Parks and Recreation Trust Fund, the source of fund was interest income of $600 .00 and that was used for scholarships. Pavement District No . 35 , again interest incom e In the amount of $200 .00 and the use of that was interest on inter-fund loans . In our Concrete Utility , from the source of funding was retained earn ings of $30 ,000 .00, the use of funds was for Cap ital Outlay of aga in, $30 ,000 .00. And In our Central Services Fund , the source of funding was interdepartmental bill ings of $8,000 .00 and we use those for cost of goods sold. And that Is the 2006 additio nal expenditures . Mayor Wolosyn asked if there were any questions for Frank . Council Member Woodward said I just wanted to po int out , reite rate , that under the Golf Course Redevelopment costs, this $102 ,000 .00, was reimbursed 100% from the developer ... Miiler We ingarten ... and so that is actually zeroed out there . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO . 44, SERIES OF 2007 . RESOLUTION NO . 44 , SERIES OF 2007 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2006 BUDGET FOR THE VARIOUS FUNDS . Vote re■ulta : Motion carried . Ayes : Council Members Barrentine , Mccaslin , M0<,;e, Wolos yn, Woodward , Tomasso , Oakley Nays : None Mayor Wolosyn sa id thank you Frank . (II) Diractor Kahm presented a racommendatlon from the Public Works Department to approve a resolution authorizing a negotiated extension to the 2006 micro surfacing contract fo r the 2007 micro surfacing program . Staff racommends awarding the contract to Broadaway Hold ings LLC In the amount of $611 ,832 .00 . He sa id It hPS bean some time since I talked to you about the state of the City's streets . On Ap ri l Englewood City Council May 7, 2007 Page 24 2"' we had a Study S sslon and had a dlacuB&ion that this year's program needed to consist of a combination of mlcro1urfeclng , cape seal and overlays . To accommodate the needs for this year, Council did a supplemental appropriation on April 16th and added an additional $550,000 .00 to Iha Public Improvement Fund to take that Fund up to $1,400 ,000 .00 which we felt was necessary for Iha first year of a four year program. Mlcroaurfaclng la an ir;wortant tool in maintai ning and extending the longevity of our street system . When I talked to you on Aprli 2 , wa talked about problems we experienced last year on South Broadway with microsurfacing . At that lime we didn't have answers . We were In the process of doing some lab work In Mississippi and I suspected that the additive that we used, as a catalyst In the product , possibly was our issue . Since that lime , we have completed that research and concluded that , in fact , the additive that was used in our test section before we did our project , In Louisiana, and the additive that was used here was Identical. And that was not the issue . We pursued olho: courses . We started leaning towards temperature and because last fail was cool and normally we have done microsurfacing in the spring , wh ich allows us the bell-curve of warmer months In May and June , July and August for the product to cure . Because we had two issues, one that the product didn't want to properly sat up and second of ail , it was very tender and through the snow processes on South Broadway last year , we took quite a bit off the surfaces . We contin ued to lean toward temperature . However, over the last several days we have been laying that product at the Servicenter ... a pro duct with Ergon at telTlperatures of 40 degrees and the prodL',I breaks . You can walk on it in 7 minutes and drive on it in an hour. So the temperature last year was not the issue. So, we continue to pursue that. We had some other test ing that was be ing accomplished and concluded that the issu ~ n•>ll y was , that the add itive which was manufactured in New York , while it worked fine in the lab and worked fin• ~, 100 degrees in Lou isiana, it doesn't like cold water . And so, what was happening when it was cut back th,~,. to one last year so that it could be used in the product , it wasn't going Into the solution properly . And that w·,s •aus ing us to get a lot of irregularities . Not only does it not like cold water or distilled , it doesn't like Engl ~1·.,,-1 _; water . When we used the same product and with distilled • water, we had much better luck in the iab ... ii stayed suspended . So I just wanted lo set your mind at ease that the issue wasn't our contractor last year . Broadaway Hold ings has work•<J here successfully for 18 years without any problems at ail. And as I mentioned before, If they were the problem we would have dealt with It, • but they are not. We are back to using them, becau se last year we went to bid because we had other contractors trom out-of-state that were interested . Wt1en it was all said ard done, Broadaway Holdings was still the low bidder and we have a provision that allows us to extend that contract and we th ink that is in the City's best interest. We have gone back to using emulsior, from Ergon from Texa s, because that is the emuls io n we used for 17 years without any problems at all . I have a sample of laying it and ii is working just perfectly fine . So I am confident that we have a good product. We are ask ing that you would approve this resolution that would allow us to enter into this contract for microsurfa .:l ng . Ma,or Woiosyn asked if there were any questions. Council Member Barrentine said that was because our water was of such high quality, correct? Mr. Kahm sa id we don't know that , we Just know that it like,1 the distilled water a lot baiter . Council Member Woodward said I do have a few questions . As I recall and as I re member last fall, we didn 't complete all the work on Broadway? Mr. Kahm said that is correct . Mr. WoO<lward said and •1et , I don 't see Iha ! work on here . Mr . Kehm said that Is ber.ause we have elected ... we , the ,taff ... have evaluated that and because of the uncertainties we have elected to ... in-house ... to put a thin overlay on Broadway instead. Mr . Woodward said so we are ... in-house ... ovarlay . Mr . Kehm said we will take advantage of the fact that mlcrosurfacing was successful In filling Iha ruts and II protected our streets through the winter and we will overlay this year down to Tufts . The contractor will ... even though I don 't believe he has any fault...he will pull the through lanes from Tufts down to Bellevidw thi s year at his co,t to make sure that we get through this winter. Then next year , after the median project I• completed this fall, next year we will go In and finish overlaying on down to Belleview . Mr. Woodward said okay, that was part of my other question, because during the study session I had asked about a warranty &i id did feel that the contractor does have some ... they are the profe11lonal1, 10 they would have had some responsibility there . 'Mr . Kahm said they have offered to do that , yea . Mr. Woodward said 10 they are taking care of that. The other question that I had, and maybe It , oesn 't matter now since you said the weather doesn't matter, when are we start lng ... when are we going to d this work? Mr . Kan m said we can start this work as early as the end of this week ... wh ir.h is typically when we have done It ell thes e years ... in May . And the key be ing that it does , when the chem istry is working . It breaks qulta • • · E119lewood City Councll May 7,2007 P1g125 rapldly and even In cold temper1ture1 ... even this morning at 44 degrees ... we could walk on It, we could drive on It In an hour and not leave a mark on It, ao ... lf the chemistry la working that gives us the benefit of having the warm months of June, July, August and even Into September to cure II. Mr . Woodward said yes , and I said II last year, when I really looked at It and watched It In 2005 ... It Isn't pretty, but It aura seemed lo be effective . Mr. Kehm said It does the job . Mr . Woodward said In filling those ruts from the two tires, It just really seemed effective and even going when II Is wet now and look ing at that Quincy norlh , It Is great. Mayor Wolosyn asked If there was any other discussion . There was none . COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (c) (II)· RlaSOLUTION NO. 45, SERIES OF 2007. RESOLUTION NO . 45, SERIES OF 2007 A RESOLUTION AUTHORIZING AN EXTENSION TO THE 2006 MICROSURFACING CONTRACT FOR THE 2007 MICROSURFACING PROGRAM AS A NEGOTIATED CONTRACT FOR ENGLEWOOD 'S 2007 MICRO- SURFACING PROGRAf.l INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SECTION 116 (b) OF THE HOME RULE CHARTER AND SECTION 4-1-3-1 OF THE ENGLEWOOD MUNICIPAL CODE 2000 . Vote reaults: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore , Wolosyn, Woodward, Tomasso, Oakley Nays : None • (ii i) Director Kahm presented a recommendation from the Public Works Department lo • approve a resolution authorizing a negotiated contract for the 2007 Cape Seal project. Slaff recommends awarding th is contract to A-1 Chipseal , the only available qualified local Cape Seal contractor, In the amount of $273,695 .00 . He said in the instance of Cape Seal , this is a product that consists of a chip seal that isn 't popular with anybody because ii throws chips and has a loose I roducl, but covered with a slurry. II ls a product that we experimented with inlllally In the late 1980s and we didn't do much with ii. We were really Impressed with that product , with a combination of chips and slurry, but we didn't pursue ii, because al that time there was no contractor in Colorado doing cape seal. So what we were doing is actually having Arapahoe County put chips down for us and then used our slurry conlractor ... and that was, again, Broadway Holdings ... to put the slurry on. Because II was a two step process, by two different contractors , ii was extremely expensive and we were impressed with the outcome . Whal has happened lo us in the last three years , A-1 Paving was in the chip business back for the past 35 years , A-1 started doing cape seals about three years ago . And they were doing ii very qulelly ... we didn't even know they were in the bus iness . We ran into some of mal r work down in Parke, this last year . And , they are, in fact , the only contractor in Colorado that is doing a ca;,e seal. They are the only one capable of do ing chips and then following up with a slurry . We talked to some other contractors that think they may be In that business by next year, so by next year there might be a competitive market. However, we worked with A-1 , they were willing to negotiate . You will see in the packet that they actually gave us a quote of about 40 cents a square yard less and they were the low bidder in Denver. So, they have actually given us a quote considerably less than wh91 lhey bid In l)enver. We are excited about that. You will notice that, If you were to go back to my four year plan , I am actually spending a little more money on cape, because ii came in Just a lltue ... about 10% higher than mlcro ... and I am spending a little bit less on micro , because ii came in about 5% less than I was expecting for this yea r with the Increases In asphalt. So , we would ask for that resolution lo go Into that contract. Mayor Wolosyn ~s~ed ff t~ere were any questions for Rick . Council Member Oakley t&IO I have a comment. I was fortunate enough lo be able to go to Parker with Mr. Kehm and Mr . Montgomery to see the product that was put down out there last year by A-1 . It Is a very Impressive products . I believe this will be something we will be very pleased with . Englewood City Council M■y 7, 2007 Page 28 Mayor Woloayn sa id thank you . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Ill)· RESOLUTION NO, 48, SERIES OF 2007 . RESOLUTION NO . 46, SERIES OF 2007 A RESOLUTION AUTHORIZING THE NEGOTIATION AND AWARD OF A CONTRACT FOR ENGLEWOOD'S 2007 CAPE SEAL PROJECT INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SECTION 116 (b) OF THE HOME RULE CHARTER AND SECTION 4-1 ·3·1 OF THE ENGLEWOOD MUNICIPAL CODE 2000 . Vol• results: Motion carried . Ayes : Council Members Barrent in e, Mccaslin, Moore , Wolosyn, Woodward, Tomasso , Oakley Nays : None Mayor Wolosyn sa id thank you Rick . Agenda Item 7, Recognition of Unscheduled Public Comment , continued. (m) Jared Evy, an Englewood resident , said thank you Swedish and the Fire Fighters and everybody for your patience and thank you so much the men and women of the Englewoo~ Council . I live right across from the park in queslion ... Jason Park ... and I've got lo tell you I was shocked lo hear thal there were complaints about the park and th e wild rumors running amok about the dog people ... where that somebody had an issue with eating a sandwich . From when my wife and I first lived in Englewood , ii Is a whole lot baller than what was on the menu in 1999, which was goose poop and melh . And , I feel lhal since the park has become e more popular place for dog owners , that the neighborhood has become a baller place lo live . In 2002, I wasn't adept al what was going on in local City issues and then another park was closed . I walked out on my front porch and I thought there was a Subaru rally across the street. I had no idea what was go ing on and they were people bringing their dogs lo Jason Park . And , I was really overwhelmed by the fact lhal this Is an issue, because that reminds me of something my father would say ... if ii ain 't broke , fix ii until ii ls ... 11 seems lo me Iha! this park represents what Is best about, not only Englewood, but society In general. As a Council, you don 't have to do anything and Iha enlightened citizesry bring the dogs lo the park , lake care of themselves . I have not seen problems except one time my little puppy that I look over there and a dog was aggressive with him ... and a woman sugger led , you know what , I'm just not com in g back .. .l'm going lo go lo the Corral. There seems lo be a nice divide there . If you have a dog lhal has some Issues, II goes lo the Con al , but the perk has been an excallenl place . Whal I have seen perfectly between picnickers and people playint foolball ... jusl like last Sunday and kids were playing In the playground like my HIiie nephew lhal I lake overt' ~, ~ and the dogs playing in the park. To me ii is remarkable lhal th is would be an Issue . I understand, as Council members , when someone dll8sn'l llke the status quo I am sure you hear a lot more from them than those who do and I thin~ there Is an expedienllal amount of more people who like what is go ing on al Jason Park. An .1 you have this enlighlsned citizenry, as I said , that Is laking care of each other and the park , which is clean . I've gol lo say lhal the other night I was al the park aboul 8 o'clock ... lhere were some kids over there who smelled like they were made of marijuana and on fire , and ii was good lhal I was there with my dog with some other people , because we were able lo engage In conversation with these kids and talk lo them . And they could see without any threats or anything being said , they could see lha l we really cared about our community . Tney needed to find somewhere else lo cause trouble or reek havoc If that was Indeed their case . I love Englewood . As I said, things are gelling baller. Starbucks 1, here, although I am suspicious of their addlcl,,e powers .. .It looks good . Subway ... and I've got to sey ... Headed Weal. I mean their new molW Is a whole lot more classy than the ominous bum of Iha cigarette king . So , I Ilka what is happening here and Jason Park represents what Is great about the City and the best part ... nolhing has lo be done . You don't have lo do anything . I will buy you guys a gift card lo hang out for twenty minutes al Starbucks while nothing Is done and things gel better In Iha City, because lhal is what is happening al Jason Park . I greatly appreciate the time here and I greally ... once • • • • • • Englewood City Council May 7, 2007 Page27 again ... appreciate the City because my wife and I are about to have a baby at Swedish , get a special room or something, I don 't know . And then , our neighbors are about to have a baby and behind us on South Inca they are going to have a baby . Now many of my friends , as soon as this cycle happens , they get crazy, they buy a big house In Highlands Ranch , but we aren't going anywhere . My wife and I are go ing to dump 60 or 80 grand in a remodel renovation that every raaltor In town has told us not to do because the neighborhood can 't hold the value, but we ara confident In Englewood that it can hold the value . One of the reas~ns that we like II so much is because that dog park attracts the good quality citizenry that it does and keeps the ne ighborhood In a clean stable fashion without the issues we had before It became a popular dog park . One last final comment io !l 1at I do feel that there has been a bit of a cynical breach of the honest discourse between Council and constituency in the way this argument has been tramed with the hours of the park between 8 and 1 o or no dog park at all . I mean the drug dealers we were hav ing trouble with, the ir hours weren 't between 6 and 10. I don't know their hours , by the way, I don 't know, but we are thore all the time to mainta in the neighborhood as it is ... a beautiful neighborhood . I love the work you do and I than k you so much , because th is dog park represents the best of longlewor,j an d what America has to offer . Thank you . There was applause . (n) Matthew Evans, an Englewood resident, sa id it is tough to follow my neighbor there and hi s great speech . We also live right across from the Park . When my wife and I relocated here from Iowa , we ha d an apartment in Englewood ... and we love the co mmun ity ... but when we decided to buy a home we looked at a lot of different areas ... Highlands Ranch , downtown , closer to Harvey Gulch . But our decision was made very simple by the Park and the fact that It was an off-leash park , made the ne ighborhood a better place , a prettier place and we dec ided to get our dog . The one thing ... I want to be brief because I know a lot of you already spoke about th ls .. .l think what we fail to look at too is how much the park and the off-leash system boost the economy. We have friends from Highlands Ranch that come up at least twice a month on the weekends, br ing the ir dog, we go to Starbuck s and to Jamba Ju ice beforehand , we go and spend an hour at the Park and half the time we go and get something to eat afterwards . People are com ing from out of town to the Par k because it is such a wonderful place and it is someth ing that we greatly value . And , it needs to ba available on the weekends so that people can come . Lastly, I th ink Jason Park all for kids and dogs to interact . I am very sorry for the complainer 's misfortunes . We have a yellow Lab . We gs ,d I love when the soccer games end and the kids walk by and they approach our dog and they are able to pet the dog . I haven 't been as vocal as I should be and twill be from now on . If the Park is available and stays the way it should be ... because it is important for all of us who do have dogs there to make sure we stand up for that right and make sure that kids can come and play and be safe . As Jared said, wo a;e expec tin g a child after liv ing there three years . I am very excited to take my child and our dog over to the Park, play with other dogs , play with other kids and keep ii a safe place. Thank you . There was applause . (o) Daryl Estes , an Englewood res ident , said I am here th is evening for actually a couple of issues ... one of them be ing Sinclair Middle School. It is getting ready to close here pretty quick . On Ma ;• 31" from 7 to 9 p.m . there Is going to be a celebration ... come help send Sincla ir out in style . t encourage everybody from Council , from the Englewood staff and community to be there . Once aga in ii will be May 31 " from 7 to 9 p.m. and there will be some more lnfonmation that is provided to everybody . We ?.;e go ing to be at Sinclair Middle School, 300 West Chenango Avenue . Why ... to celebrate a milestone fo r Englewood history with the retirement of Englewood Middle School and the Sinclair Saints . Address '.ag your appropriate era, if anybody was a part of being a Saint. Fam ilies ere welcome. There will be food and beverages and en terta inment. There will be a silent auction of some of the memorabilia ... and the stuff of the Sinclair Sa ints . One of their sayings is "when the Sa ints go march ing in, oh when the Sa ints go marching In, oh how I want to be that number, number ona, when the Saints go marching in". It will be $1 .00 per person to eat and enjoy the evening or $5.00 per fa mily As far as the dog park , If we could go back to 1999, I think everybody would be a lot happler •.. aii of our parks were off-leash . And why Council made a decis ion at that time to take away our rights to have the opportun ity to walk In the parks , within the City of Englewood ... there was no Issues. Louis Parkinson was a very good •riend of mine ... ha was the Municipal Judge ... and he told me , he says "no blood, no foul". And If It Is a rule , well maybe It doesn't apply but If It Is a law, It applies to all partie s. I would encourage everybody to come ln ... l kind of see halos ovar everybody's heads and that is one thing about being a Sinclair Englewood City Council May 7, 2007 Page 21 Saint. Join us for the celebration and join us down r,I Jason Perl<. It Is a good time for all ... and Belleview Park and all of Uiem, bring them back . There was applaL,se . (p) Frank Atwood, a Littleton resident , said for the past month I have had the pleasure of driving past the Headed West murals rather than seeing sporadic tagging graffiti . I suggest City Council approve a motion to waive or suspend the slgnage fine the same way you have waived the S300 .00 banner setup fee for Englewood Days and return to this Issue If there Is further significant public discussion . First. .. the physical problem and Its solution. Th e problem Is graffiti end how to minim ize lagging . These murals have solved the problem . The store own ers have gone from expensive over pa inting sporadic graffiti twice a week to murals that have stayed Intact for a month . Congratulations to Headed West. You have solved the problem. City Council please consider being bus iness friendly and congratulate him . Emotionally the fear Is, does this change the local drug culture drastically? Headed West has been In business for four years , the murals have been up a month and neither event has drastically changed the local drug culture . My evidence Is this Is a sign appearing at City Council brought by Code Enforcement and not a criminal Issue brought lo you by law enforcement. I would like again to emphasize what the physical problem and solutions have been . The problem was graffiti and how to min imize tagging and these murals have solved the problem . I have confidence Engle,.ood City Council concurs with Headed West's efforts lo minimize graffiti and tagging here In Englewood and will waive or suspend any signage fines during Council Members Cho ic e. Thank you . There was applause . Mayor Wolot ;n askrd if there was anyone else who would Ilka lo addre ss Council at this lime . There was none . 12 . General Dlscusalon (a) Mayor's Choice • (i) Mayor Wolosyn sa id first I want to address the manner in which this issue , the off-leash • dog park , came forward . I th ink there is some m:sconceplion . Two people in the commun ity sp oke several weeks ago ... one for and one against and then three Cou ncil people up here addressed it and mv job as Mayor is to set agendas . I did raise the question of, should we address this now or should we wait for ii to con tin ue lo escalate through the summer? As I th ink all of you know, we have had this before and I thought It ls belier If th is is out there lo address ii. I am the person who put ii on the Study Session agenda . And everything from then on was in public . You have to understand that we have new Council people who have every right to hear the issue fully and bring to the table their own op inions . I th ink that Is really an important th ing to consider. Thal is really all I want to say right now about that. I regret that there was any kind of misconception of about how this ~ot on the agenda. I deeply regret It. (ii) Mayor Wolosyn said the next th ing that I would like to bring up is the fact that RTD art shultle ... you might have seen the article in the Denver Post the other day . II is currently funded by 10% from Englewood, 10% from RTD , 80% from a Federal granl...CMAQ Granl...Congeslion Mitigation Grant. II was a four year pilot program and comes to a close at the end of September. Th is has been highly successful. We have had 200 ,000 riders in 2006 alone . We are very interested in keeping ii going and In much the same capacity as poss ible . I made a presen tation to the RTD Board last week and It was favorably rece ived . We are currently work ing on trying to , as I said , keep th is going . It will require extra fund ing from both RTD and Englewood . We will keep you posted as negotiations continue . (Ill) Mayor Wolosyn sa id I a!so want to thank the BID and a couple of individuals ar,d other organizations who wrote letters of support for the art shuttle as well as departments who helped ... Communlly Development In particular . (Iv) Mayor Wotosyn said I want lo bring up ELA's presentation. I know we have $1,000 .00 we left In Aid to Other Agencies for just Individual appllcatlons, sort of a Contingency Fund . Frankly, I would like to give $500 .00 of that, but I am open to this . I would like lo give them S500 .00 as I think It Is great that they are going to th is level In Tennessee . I am quite Impressed actually . Sha asked for Council's opinion . • • • • Englewood City Council May7,2007 Paga28 Council Member Woodward said I am In agreement with that , I think ELA Is a great school and the School Dlslrtct and the schools have been 1upportlve of us with bringing youth to Washington, D.C. with the cost aasoclaled with that. I am just all for youth doing that type of thing , Council Member McCaslln said I would like to say that my wife Is Principal at Bishop Elementary and she comes home and tells me all tha horror stories and how sha Is trying to maka Englewood different and this Is where we have to lat Englewood shine and gel these kids out there . I grew up In Englewood . I did all right...l made II. Bui I really want lo support this community, because If we don 't support our school system then people eren 'I going to move here . To me that Is Important , because I wes bom here end I'm going lo die here ... so you ere stuck with me for the next , hopefully, 3C years . I really do appreciate what they have done and hopefully that even the citizens can maybe chip In some money , I do support that also . Council Member Barrentine said I had a chance lo vo lunteer for a similar program al my son 's school and I was very amazed al the amount of volunteer time that goes Into any after school program and there are finances connected with any wort~while project and II really shows well for Englewood In a lime that we really need that support for the schools, as well and their successes . MAYOR WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE DONATING $500.00 FROM THEIR CONTINGENCY FUND TO ENGLEWOOD LEADERSHIP ACADEMY TOWARDS TRAVEL EXPENSES FOR THE DESIGNATION IMAGINATION COMPETITION . Motior ec1rried . Ayes : Council Members Barrentine, Mccaslin, Moore , Wolosyn, Woodward, Torrasso , Oakley Nays : None Mayo r Wolosyn said thank you Council. I will call them tomorrow and let them know . (b) Council Members ' Choice (I) Council Member Barrentine : She said congratulations to the ELA students again and with Destination Imagination , that is a trt;·,,endous eccompllshment lo reach that level. Good luck to them. 2. She said I want to thank the owner of Headed West. I had the opportunity, Michael , lo go out and spend some lime over there lo talk to him about the mural, why ii went up and about his association with the City . While we were there, ii made it very difficult to talk to him, because cars kepi driving up, laking pictures and talk ing about the mural. So I made him go back In so that we weren 't distracted . I saw the fence, I saw the amount of power wash ing that has been done, both to the fence and lo some portions of the building and the back as well . I am sorry that our graffiti problem has reached the level that it has . Council just recently unde.1ook the Issue of graffill ... under the kind of broken windows approach used in Denver .. .llmlllng that lo Iha three days ... not so much to try lo make the business owners then, partners In crime with the vandals, but that , that was the only thing we had control over In order to try to start addressing II. Our Director of Safely Services , Chris Olson, Is In the process of trying to put together a graffiti task force. This young man who spoke did a wonderful job . I appreciate what you had lo say . Hopefully, we can work In partnership In doing some more creative things In addressing this problem . II can really tear a community down and as you already know, It can be a huge expense to a business . Thank you for spending the lime. I appreciate the other comments that I ended up hearing from people about the art aspect. 3. She oald while I heve been on Council since 2003 end for those of you who remember , .. and there era ae-el of you In the audlence ... e hot Issue during campaign ing In 2003 were dogs ... only e different perk , As soon as Betas/Logan Park went back on-leash ... Jason Park had Issues as well . Those were brought up and we had a lot of people come and discuss the Issues and problems that were going on and the decision at that time was made to go ahead and wall. It was also In the middle of trying to decide whether to go ahead and Jo a dog• specific park. It was hoped at that 1;me that the dog-specific park ... now the Canine Corral, which has been Englewood City Councll May 7, 2007 Paga 30 built.. .I am sorry to hear that !hare are some new problems that It ls not adequate to a certa in extent ... but , th e park was built In order to try and take that off of Jason . And I wish It were am icable to try or at least I understood that we would go ahead and try and wa it and see whether II ,." i was successful or not . My concarn ... and I appreciate that all of you guys have come out , several of you talked to ma ... l app reciate that you understand the differences of opin ion In here . Jason Park is a park for the entire City . It ls just as much my park on Pearl Street as i1 is for the peopl across the street and apparently It ls for some Denver res idents who come In. But , I took the .. me to go around and tal ► to people and when I knocked on the door, I didn 't know whether I was going to knock on somebody's doo · who wanted that park to stay on-leash or off. The vas t majority of peopl e th at I have spoken to do nm wo, ,t that park to remain off-leash . One of the concems that I have , as I sit here and listen to the testimony ... to your presentation that you guys Ri ve, Is the dismiss al, to a certain extent, of the people who have a problem with what Is going on . And I hope regardless of what happens that as one gentleman brought up, that you are go ing to be more diligent when you see people not do what they are supposed to do . Over th e i;ist two weeks I have spent four differen t times at the Park for a minimum of at least 15 minutes . I read the signs . There are rules up there already. There are lim itations on there . They are not be ing followed . They are not , not be ing followed by everybody , but they are not being followed by enough people to be somewhat disturbing to me . I th ink that the people who have a concern ... like the gentleman brought up ... who want to have a picn ic, don 't have it on the ground . We shouldn 't limi t people that way . II sho•Jldn 't be . Ja son Park is not a dog park. Jason Park Is a park and regardless of what happens , if it stays an off-leash, then I would really expect that the people wou ld go ahead and make a real effort to hold everybody accountaole to the rules that are on there, so that It can be used by everybody . And that is what I have to say . Thanks . Mayor Wolosyn sa id thank you . (II ) Council Member Mccaslin : 1. He sa id I got a lot of e-mails and phone calls In the last week and a hall. And I apologize ,o those people that I didn 't get back to, but I have two olher jobs ... l'm a teacher wnd a refe ree so I make a lot of decisions every day . t know the dog issue is very , very passionate so I don't want to make a rash decis ion , to be honest with you . I went to Jason Park end I sat there In the 'T ,ming before I went to school. I sat there from 7 to 7:45 a.m. I talked to one lady who had two dogs out ther • ,. ,d then I went c\•Jwn to Ja ;on Park In the evenings and tal ked to people, so I'm trying to get the whole s:o,,•. Mak ing a decision is not just hearing your group , but it is also hearing the other side's group . And there W&'> ,. ~rochure that was put out that kind of ... nobody talked to me about it, but It sa ld ... oh here is where Mr . IAcCaslln stands so he could go either way. Well , you as a citizen call me . If you 've got questions and want to f• w where I stand , call me . Don 't be afraid . You e-mailed me . Please let me know . I'm sorry I didn 't gel back "' s~me of the people, but I want t~ make the right decision and I don't think you can make II In one night. I th ink we have to sit on th is issue . There are compromises , th e, are education issues ana thare are things that we can do . Hey, I'm a dog owner. I love dogs. So I am with you dog people , but I want to hear from the other end . I just want the Input and ii it Is 500 to 5, I'll know what my dec ision i•. So let me hear from the other side . And I think It Is unfa lr ... you know I got e- ma ils saying ... well I am not gc ·.1g to vote for anyone aga in on Council who votes against off-lea sh. Well , that was almost a threat to me . You know it is re-election time . I'm a human ~elng and I make decis ions every day. I teach emotionally disturbed kids . I make hard decisions every day . As a•. umpire and referee for 36 years , I made hard decis ions . I appreciate you ... l am also a pass ionate man, I have feelings, so please In the future, let me know . And If I didn't get back with you, call me again ... bug me . E-mail , It ls eas ier to e-mail me at school, because I can 't answer the e-ma il at the City . I haven 't figured It out...l'm not too good about that. I just •vanted to state my position . I was on the fence , I guess , and mayl>e the brochure said well, he could go either way . I probably can, but I do understand your position . I just want to hear the other side . I th ink It Is fair . That 's all. 2. He sa id I want to thank Gary. I put In a Council Request...l'm on the Keep Englewood Beautiful Committee and we are doing an education about ho"' the City of Englewood ... what we do for the environment . It has taken awhile, but all of the Department heads are putting together all their plans about how they havd helped save energy . I ap?reclate all the effort tha t everyone has done In the City . II Is a great City , like I said , I will be around ... ao you have to live with me . Thank you . • • • • • Engl-ood City Council May 7, 2007 P1g131 Mayor Wolosyn said I want to piggyback on what you said about the one from Publi c Works ... tha report on energy was so thorough and lntaraallng . I am glad that we still have those dual fuel th ings . I thought we had sold them ... so I'm glad we still have them, right? (Iii) Cot•ncll Member Oakley sa id I want lo thank the Mayor for expla ining some of th is stuff that came up, that may put a sl ightly different light on things and II may not. When I was campa ign ing for Council In the fall of 2005 , I walked Iha entire District. And dur ing that lime , around Jaijon Park I did have a lot of people Issue conrerns about Jason be ing an off-leash park . I didn 't bring II up that tlme ... l just lister.ad lo them and put It In ~,e bu ck of my mind . And I didn 't know enough about how tha City governmnnt worked on th is side of the table to comment. So time went by and I recaived more call s about ii and I still didn 't bring it up and that was my job and I ftll bad about it It. ,1 I didn 't bring II up . But at that time, I didn 't think lh ore was enough of II . I'll admit that. But when the two people came and spoke before Council and Olga put ii on the agenda and at the next Study Session I dec ided to go ahead and spea k up from what I had hea rd In the past. And 1. •' fortunate for me , I was the one quoted In the paper ... of all the comments that were made that night. And so , that was how a lot of th is got started . So with that, I rece ived probably al least two dozen phone calls in the last we~k and an equal amount of e-mails and I loo apolog ize, but I am sure you realize that I couldn 't respond to all of th em. or course, I look time to talk lo everybody who called me on the phone . So that 1,. why I prepared a statement here tonight lo read in response lo the people that I couldn 't get back lo. And I hoec you will take th is with t'.,e sp irit tha t I am about to say : "After the April 2'" Study Session and your article io the paper , I've been known as the grumpy old man down on the end who hates dogs . And I think he ha1es the flag , apple pie and motherhood . Well obviously that Is not true . I love the flag , I eat too much apple pie and ev•n I had a mother . As to the dog issue , I can assure you that I am not a dog haler . I am , in fact , a dog person ... being around dogs all of my life . I do not have a dog at th e present, but I baby sit my kids' dogs the same as I do my grandch il dren . Thal be ing sa id, there are a lot of peopl e out there th e'. si mply do not care for dcgs for one reason or another . Some people are afraid of dogs , some find them annoying and others think they should be more rig idly controll ed . This doesn 't mean that these fol ks are bad people . ')or should th ey be criticized for tho ir feelings . The majori ty of people who have sent me e-mails and called my res idence have been very thoughtful In vo icing the ir support for Jason Park lo remain an off-leash park . But some were a little more poirted and said the follow ing and I hope some of these people won 't object to my quoting them . The following are some quotes : "Recently I heard that t ,ew residents down at the park have compla ined about the park being an unleashed park . There are always one or two res idents who are complain ing about things even when there Is nothing to complain about ." And another sa id "I heard th at some of the neighbors compla in about the dog park , but they will complain about many things because they live clooe to such a busy a;ea ". Still another said "please don't make the mistake and close Jason Park due to the no ise of a few cranky Ind ividuals". End of those quotes . Then we mnve on to the comments I rece ived .:iout Canine Co:-ra l. Now th is is ... you heve to understand, a very short amount of the number of comments I got. "I heard about Can ine Corral . Regardless of the fact that the City ,ecently opened a park nearby, Jason Park Is far superior and should remain open ." Another says : "I don't th ink dogs should be banned from Jason Park. You say damage is be ing done by having a dog around when it is really the humans . I understand there was a dog par k put in another park , but it is not big enough and there was not a chance for grass to grow so th ere Is none and will be none . The enclosed area is not large enough for dogs to be comfortable , but II has lowered the number of dogs at Jason ." Another commen t: ·1 th ink the new park is a real good idea but I still e.ijoy going to Jason Park and would much rather walk my dog there . II Is a real pr •k with grass . It Is just more enjoyable . And there is need for two parks in Englewood ... the new dog pa;k on Vv,ndermere and Jason Park ." He sa id and th is next comment was a little more po inted : "Thi Canine Corral is a tiny dirty hole ." The last comment : "You infer that dogs should use Can 'ne Corral because II is or.ly a mile away . The Can ine Corral is only one acre , is often unused and muddy . At times I have seen 40 to 50 dogs in that confi ned space . Hav ing additional dogs In Jpson Park supplements this number Is a sure recipe for trouble In a way for dog fights or worse ." Endo'. quotes . He said most people did not coor,ment on Can ine Corral ~nd chose Instead to focus just on Jason Park . The decision to build Canine Corral was pretty much settled wh dn I came on Counc il , but I had an opportunity to vote and did Indeed vote In Its favor . I must admit that I was a little naive In my th ink ing In relatk!n to the outcome of dog park usage . I was under the Impress ion that a spoclal dog park bullt just for dogs was just what the majority of the dog owners wanted and they would support and use the facility . I could see them all com ing together, lett ing the ir dog s run free, playing with other dogs and It would be a spacia l place ... jus t for them , them and the ir dogs . But judging from the contacts : have received this past weak , people want an oper park area Englewood City Council M•~·7, 2007 Page l .2 with trees and grass and playgrounds, ball fields and In other words ... a regular park lo use as their dog park . And I really should have known this , I just bought Into a pipe dream and this should make you question other decisions lhat I have been making . II jusl seems reaaonable lo me that once a real dog park was built and the people who use the park for things other than their dogs' recreation , could expect to use the park free of dogs running at large ... especially If this park Is In close proximity to the official dog park . But I have been told several limes In the lasl few days , th is is not reasonable . Dog owners should be able to use the Canine Corral and a local park and let their dogs run. There are always two sides to any issue and In this case, one side Is very organized and the other is not. II doesn't take a rocket scientist to figure out which side is going to bring the most pressure to bear and even to be heard loud . One side has a newsletter, flyers being handed out and phone calls being made while others wonder what hit them. And It was quite evident here tonight by the number of people who spoke in favor of off-leash at Jason and those who spoke In favor of on-leash . And this is how our system of government works and this is the way it should be. But if I choose to speak for an unorganized group , an indiv idual calls me and asks me for help, I have the right to do so and I sho uld indeed do so because this too is Iha way our governmenl works . That's it. He said no applause? There was laughter and applause . (iv) Council Member Tomasso said as "n .v, my last campaign was ... I ran on the platform to close Bates/Logan Park , basically , oecause ii I\ u,,ng abused and overrun ... dogs were running through neighbo rs houses, I talked to the neighbors and th ey all requested that Bates be closed to dogs . So I went along with that. I've walked Jason Park sev eral limes . My daughter pla yed soccer there . We had pizza parties after the soccer game. The dogs were not invited even though they showed up for the pizza parties. When you have a large soccer team there are not enough picnic tables for everyone on the soccer team to sit at...so you are silting on the grass ... you are sitting on the lawn . Dog owners should respect the fact that when people go for picnics they take blankets . They put :::ankels on the lawn and they have picnics on Iha lawn. They should not be interfered with by the dogs. One of the reasons they closed Bates Park was that dogs were running through the picnic areas and they were running through the ct,iidren's play areas . That was another reason that Bates wa ~. closed . I have been to Jason several timee ~hi s last YJeek . :)ne instance I saw six dogs ... one was led away on a leash , so one had actually wal~,,d the.,' ... lwo were in the park playing and was undetermined how they arrived ... and three dogs arrived by c, .. 11 •• ,osn't seem to take a rocket scientist to see a dog getting a lot of exercise when they show up in a car . T~ay are not walking to the park , just arriving by vehicle . So another mile to the dog µark was reasonable . I we nt tu the dog park and at that point the dog park wasn't overrun. Sunday I drove back , the dog park was being used ... the Corral anyway ... Jason had nobody in it . Jason was vacant. There were no dogs, ,10 people . So , I understand the sense of community that you dog owners feel , I feel the real estate value&, I feel the desire to have your kids and the dogs in the park al the same lime but I also understand those people who don't want to be interfered with by dogs . My neighbor 's dogs got out today. I did not call Code . I chased them back into the yard, even though they showed their teeth , growled and would have liked to take a bile out of me . They went back into the yard . So , there is that and I own a cat. My cal does not have an off-leash cal park . He wants to go outside badly and I know he is not going to stay in the yard because he Is not a cal thal fences slop him . And he doesn 't like dogs . And he has never met a dog he likes and he has never met a dog who wouldn't uack down and he is not afraid to go nose to nose with a dog . And one of these days , he is going to take one if he is outside because he really likes to. He thinks ii Is a great challenge . So , I am spli! at this point. I lhink the phrase 'one bad apple ruins the whole barrel ' Is all you have to have ... one or two irresponsible owners and everyone loses the privilege . Thal is basically where ii Is al. All you need is one or two totally disrespectful dog owners and you all are penalized . Thal is the way II was in school, you know . Somebody acted up In class and the whole class would gal it. Because, as you know, there are not enough Code officials to patrol. Code works during the day ... the police officers take over after the Code goes off duty, So what you are asking for Code officials being In the park is monetary . If there is a fund established to provide more Code officers so they can patrol the park, tilat would be one thing, but I don 't see that forth coming so we are left with a choice a, who do we llstun to . You know , who is the responsible person here? The person who wants to have a picnic and put a blanket on the ground or the person who drives up who Is going to have a picnic, put the blanket on the ground but sees dogs and as one e-mail sale ihey should just tum around and drive off, because the dogs are In the park . Dogs were here first , they should leave . It Is not a shared opportunlly . So those are the things we are looking at. And yes, I did read all the e-mails and I did listen to all the telephone messages , but I didn 't think anyone would appreciate my returning phone calls al 1 or 5 in the morning . That is all I have. • • • • • Englewood City Council M1y 7, 2007 P1g133 Mayor Wo!oayn aald thank you Ray. (v) Council Member Woodward : 1. He said I am going lo start out with a few other things . I just want lo mention 11e now have a bakery In town and I hope I am pronouncing this rtghl. .. Azucar Sweet Shop and Bakary ... jual op,;ned up last week al 11 Weal Hampden, which la old Hampdt>n. I was fortunate en~ugh Wednesday al Iha Engl ,wood Housing Authority meeting to have Iha experience of lasting soma of their fine sweets and they ware very good . And throUQhoul the month of May II appears they are going lo have free aamplt1a and so from 10 a .m. unlll lhelr closing lime, they are open and I am sure the proprlelors ... l believe la a husband and wife leam ... would enjoy your patronage . 2. Ha said last Tuesday, Mark Graham , from Community Development , and I had the opportunity lo lour Iha South PlattA River from Dartmouth lo south of C-470 on Iha trails on golf carts with a number of other people Involved In what is called the South Platte Working Group, wh ich Is made up of people from all the cities in Iha area ... Iha County Commiss ioners, different people with Iha County, South Suburban Parks and Rec , Urban Drainage , Trust the Public Land ... and ii was quite the experience lo go down the trails and lake a look al what's going on and what we are trying lo accompl ish . The County has put up $3,000,000 .00 from Open Space Fund . South Suburban is pulling u,; $4,000 ,000 .00 . We are go ing after a grant from GOCO Funds ... Greater Outdoors wh ich are lottery funds .. .for Parks and Open Space for an urban grant and the different cities have agreed lo pul up money. I can tell you Iha! II was very interesting In going through Englewood ... slart ing up al Dartmouth where the new bridge, that we approved the funding for a new contractor tonight , Is go ing in ... lhal Is going lo be a very large bridge . II is probably one of the largest bridges on Iha Platte for pedestrians and bikes, lo the bridge go ing in down al the Golf Course and down lo the kayak chutes. When we came back In Iha afternoon I think there were 12-15 kayakers In the chutes . Bear Creek and the Plalla were running high . II was quite an experience . I would invite you , If you gel the opportunity, lo go down the South Plalle , please do . 3. He said lastly, with regard lo Jason Park and the history of Iha dog issues in the City, I have been Involved In ii going back with the Parks and Rec Commission lo 2001 In selecting the five parks , but now the Dog Task Force has dealt with Englewood Unleashed ... became a member of Englewood Unleashed ... do not own a dog, own a cal, haven't had a dog . I had a talk with Tavis Hanna last night , the Pres ident , and have worked with Tavis and Alice over Iha years quite a bit. Tavis has brought up a number of things Iha! I think may be a great way and a good compromise . Tavis suggested being In touch with Iha Soccer Assoc iation people. I have been Involved with Englewood Soccer for 15 years . I am currently Iha Competitive Coordinator , go to Iha Board meetings, coached second graders , and I think I can help facllilale Iha!. They are open lo II. I did a poll with Iha! Board and two of the people ... one voled lo close II completely and one voled absolutely don 't close il...and the rest voled for the so called ·compromise idea." I think some of Tavis ' Ideas of work ing with the community and as their stewardship , they are conlraclually with the Clly ... slewards of our parks and I think these things can be worked out. I would certainly like lo go In Iha! direction . If there are problems , they should be notified a d I know they weren't notified. I know they had one member here , however, things moved awfully quick . And a year ago when Canine Corral opened, we did agree and I remember talking about II al Iha Parks and Rec Commission , that we wouldn 't rev lsll lhls until August of th is year ... currenlly ii Is May ... and we started looking al II In March . For those Iha! don't know, April 16, 2004, Iha Task Force, which was In place el Iha! lime , did ask for clarification regarding Iha dog park . The Co•;, ,ell al Iha! lime clarified Iha goals of the Task Force and Iha very last Item had lo do with location , had lo do with owned property but the very last ilem ... No . 4. Is any new dog park Is In addltloo :o the existing four off-leash areas . II was never Council 's Intention for Can ine Corral to be replacing Jason o>ark or any other park . Jason Park Is one of our cleaner parks, according lo a memo based upon a Cou :,cll Request from Dave Lee with Parks and Rec . One of our dirtiest parks Is one Iha! Is on-leash ... has the m•,st messes In It. So, II gets back to dog responsibility . I will end It there . So that Is ell I have , thank you . • Mayor Wol ~"l';; .~,ti ti.~.nk you Jim . Council Member Barrentine se ,-1 hold on a one second . Can I ask if that motion Is not go ing lo be mada ... nellhar motion Is going lo be made then? Engl.-:.OOCS City Council M1y l, 2007 P1g134 Mayor Wolo1yn said I guess no one made It. Tha hour Is late and al this polnl. Brooke hu been sitting here end I would like to ... Council Member Barrentine said I understand but I think that In all fairness, that Is what people anticipated and I think 1111 only appropriate and I am going to make Iha motion to make Jason Park an on-leash park . If II ls not seconded, II ls not seconded, but I have a responsibility to the paopla ... the majority out there that I spoke to that are not hara , that expect me to do my Job end I am going to make tha motion . COUNCIL MEMBER BARRENTINE MOVED TO APPROVE JASON PARK AS AN ON-LEASH PARK . Mayor Wolosyn asked If there was a second . Council Member Oakley said I would like to comment first. He said II was my understanding that if a motion like this ware made and II didn't carry , there would be a second motion rr ade for a compromise . And now, ii is my understanding that that motion will not be made ... so 11,at puts us in a precarious poslllon of what we are going to go ahead with . Council Member Woodward said if Laurel! makes the motion , I will make the motion to compromise . I will olso say with making that motion , I will vote no on that motion and actually hope that ii Isn 't even seconded . Council Member Oakley sa id so then the comprom is e you were talking about a minute ago is another kin d of compromise? • Council Member Woodward said the comprom ise that I'm talkinp about is I think that wilh commun ication with • who we have appointed and contractually worked wilh ... Englewood Un leas hed ... as steward of these parks, I think a lot of these things can be addressed and worked out. Thal is what I'm hearing tonight. Council Member Oakley said if that is the consensus of Council that we can have a compromise , that people will sit down and unemotlonally ... no you can 't say unemotionally , because that Is out of the qu esti on ... bul at least consider the other side , then maybe something can be worked out. Mr . Oakley said I think now if we vole for doing this and ii doesn 't carry, than noth ing else will ,e done . Mayor Wolosyn said I would like to say that for ma, who voted for the compromise ... I was on Council for the lull discussion . We did not make five dog parks . We decided to retain off-leash pr vileges In live parks and It saddened me to hear these parks referred to as dog parks and that Is why Iha compromise that Jim had brought forth ... al least ii recogn ized the fact that these are parks first with pnvl;eges . I hope that ii there is going to be discussion that there Is real discussion around that Issue becau t , pul that dog park out there ... the one we spent money on ... because , just as Wayne said , I thought there was a real need a~d desire for II and that quite frankly , II was always my Idea that eventually we would have parks where people could have dogs on leashes and then we would have this other park where people could have their dogs out there communing . So , If this Is going to become some kind of discussion , than I hope there Is some recognition of the spirit in which I be '' •va Council made those five pllol parks . Council Member Barrentine said I would say thal I am making lhA motion In part, Wayne, because of what I had sa id eartlar during my lime . Thal Is , that there Is, to me , a denial of any problem and a dismissal of any concern that Iha other side Is bringing forward ... thal If they bring a picnic, they shoul~ )us: not do II on a blanket...lhal there Is no mass, no problem. I want out there to sea that for myself end I have a huge concern es I have addressed hare tonight and asked these paopla ... who I think are good citizens and care . However , Iha total den ial, the total dismissal that there is any problem doesn 't leave me with a lot of hope that we are going to address this when you have an organ ized side and a side lhal doesn 't have an organized platform lo bring their • concerns through . I, Ilka you, have to represent the people who have talked to ma over Iha last four years, brought their concerns forward and they still have those Issues . I saw those issues for myself as I went there . Thal is why I am still making the motion . I don't think It Is something that should be brought up every couple of • • • · Englewood City Council May7,2007 Paga 35 years . However , whal we said was ... wa are going to put a dog park ln ... and I also rellerated that I'm sorry It 11 In dequate, but we said we were going to put a dog park ln ... a specific dog park ... and thet we were going to wait, that at that time we were nol doing It Instead of Jason Park ... that we were going to leave that But that was not a permanent dec ision . That wes to be revisited . And as we hear about continued concerns, I have to address those with those people and that Is why I'm still making the motion . I know we w11uld ell like to avoid It but I can 't help that. Council Member Oakley said but I hesitele to make a second , because of the reasons that I stated . If ii fells , end I have a sense that II ls going to, lhen who Is go ing to bring ii up again for any common ground to be found? It's just going to go away and the people t~•I haven't been heard before are not go ing lo be heard In the future . Council Member Mccaslin said I would like to set this for discussion and don 't drag II on for a year . Set a tlmeline and say, okay we are going to bring both sides together ... here are the Issues . I think we have heard from a lot of people that live near the park ... right across the streel. .. lhal said , hey , we haven't had any Issues . And you are right I have had people call me ... and one guy celled me and said , well , I saw a dog drinking out of lhe drinking founta in, would you like to drink there . You know they lift their dog up and you know I understand that , ii probably has happened and I'm not going to deny II. But I think ii is also addressed that Englewood Unleashed is willing lo say, okay what are your problems? We _,;11 help you solve them. We will help you deal with them . So , what I am hearing from the majority here is let's ke&~ ii the way ii is, but with some restrictions and rev isit II in a year . If ii really gels dumpy and there are problems, th en we make II on-leash . I really feel that the consensus right now is that you want lo take care of the park and you are willing to go that extra mile to say, hey, we don't want anything to happen . We don 't want to lose this pari<. So , I really think that there has got to be more discussion before we vole on th is. Thal Is my personal opln;~n . Council Member Oakley sa id all right, I have one more thing to say . I received a letter today and I found ii so disturbing that I didn't put ii in the comments but I think that I should read this for one thing that the Mayor had said a minute ago about these were parks first. And th is person sa id: ·1 also understand the r,ark may be closed because neighborhood families feel ii is unsafe to carry their children to the park in the presence of so many dogs . I can respec t that concern and ask that some accommodation be made for the fan ,Illes with young children . And if there is a mass consensus identifying such a need , if there Isn't , a large group stepping forward to make this change, I ask that you cons ider the solid number of dogs and dog owners who utilize your park . I find ii difficult to understand denying a large group In favor of a sma!I few ." This person is actually asking us to accommodate tho kids coming to th e park as if the meaning of the park is a dog park first. People , I don 't understand this . I really don 't. Council Memb,r Barrentine sa id now if In looking at the compromise , if wa can come up with something where we are going to do something more formal with the timeline and Tav •J , where we have some kind of issues with some enforcement. Whal I saw there. as I stated , was not everybody not following the rules but I saw enough people, during the four times that I went there in the recent past , that the people that I went and spoke to have some real concerns ... have real issues ... and they don 't get solved by ignoring them or dismiss ing them. And maybe we can come up with something where there is some enforcement , where we do have thes e fines against people who don 't, where we do some periods of do ing something . Maybe there is another ground that we can come to. If my motion Isn 't going to be seconded , maybe we can do something else where we put some committee togelhe , and try and do some timeline like what Bob Is sayi r:g, so that they have a definile comfort level that someth h g is Do ing done as well officia lly from that side of It lo address their concerns ... because their concerns are just as real . Tavis Hanna said I actually welcome that Idea . Code Enforcement was a pert of the integral concept of form ing the Correl. II was also addressed thal the same Issues existed al Jason , therefore , the principa l applies al Jason as well . And whet we have had In the past year hes been kind of a one slap back , tw~ steps forward situation . We ware fa irl y organized end eve,:1one was very Involved el Jason Park until the Corral opened end then that really divided our forces In half . So we aren 't as effective as we w,.e before the Corral hes been opened . At the same tlrra I have also noticed a lot more new people In both parks , ,o now we are fighting a two-front war with half lile amount of resources. And ro. geltir.J the word out , influe icing the people , ii is not as lmmedlale , II Is not as effective and there Is all of th is repeat customer issue where II they don 't see the core of llnglewood City Council May7,2007 ... ,. 31 u1 there /or a couple of days, they kind of sleek off and then pick back up again . I know that there were strong conce,n1 abOut tr>e location of the Corml ... m91Uy because or the dog verau, the bike accidents that people would lllllk.lpate along t!te path there . I really crack down on people who don't even have a leash or Ju11 bring their dog and have a leas:;, but they are Jul! letting their dog walk In uncon:rolled. Somellmet tt laket a couple of tlrnet or me cracking down on them before they do It, but you know, II goes back to our agreement with the City th~I we are not 10 pt/Ice ellher of these fa•llltles . Peer pressure Is one thing, but It 11 up lo Coda Enforcement to really ~'rl,a the message horn~. I say again, In five years of coming to Jason Park and al~1ost a year or going to Canine Cc'Tal, I have never seen one Code Enforcement van, ever. And I understand tt,at you guys are aaylng II comes tr, a budget Issue but yeah, 1111 my money . And If I need ... the money that I r,ay the City to protect my rights b.' Code Enforcement handling the few nuts, who are the few bad apples wt,., spoil 11 for Iha real of us, than I walcomb :~•I. And that Is kind of what you are saying . Council Member Woodward said I want to address that loo because back ln ... l believe It might have been December , January or February ... ! did attend an Englewood Unleashed board meeting and somB of these thlngs ... Code Enforcement agents down al Canine Corral ... were brought up . Police officers take their break ... take a coffee break sitting at Jason Park, sitting down al Canine Corra l. I took this to Code Enforcement Advisory Committee , as the liaison ... had brought II up and had brought It up before . And what I em hearlnr , at least during the day lime , Is thal isn't happening . When Bob and I were out there the other night we walked down the trail... Mayor Wolosyn said what are we lalklng about now? Mr. Woodward said Canine Corral or Jason Park and meeting . Mayor Wolosyn said are we going to have a canine discussion? Mr. Woodward said I just wanted to back up some of the things that Tavis is saying that aren't being addressed . And I don't know if flex time for Code Officers .. .! know that Code Issues don't end at 4 :30 or 5:00 o'clock . You know ... lf Laurel! wants to make the motion ... ! wouldn 't suggest she does, I find It ... Mayor Wolosyn said actually there Is a motion but there Isn't a second . • Council Member Tomassr -aid how about we table the motion for two months and see W there Is a comprolT',se • position that can be obtained . Mayor Wol os yn said I believe we don 't have to table anything , right', If noth ing Is moved , we can just agree .. City Attorn ey Brotzman said on Ray's , I don't know if Ray has actually made that as a motion . If Ray made it • s a motio n, you have to deal with that first. Council Member Tomasso said how about, Laurel!, that we table it for two months so that we know exactly how long II Is sitting on the table ... but not forever ... so there is a deadline on coming up with a solution . Council Member Oakley said I would like lo speak to that. I would like to see something more In-depth, if II is possible . But given the time of the year here , somebody on staff is going to have to fac ili tate this . And given the time of year It Is, with us going into budget time with all the problems we are going to have with that stuff, I don't feet like dl 'ng that to staff at this time . I would like to later so If Tavis and his group, or all these people , believe that Iha City had made an obligation to them to let It go for a year , then maybe we should honor that and look at it alter August. Council Member Oakley said I just don't want it to go away, because It Isn't going to go away . If this Is the mind set of some people, that they are beginni ng to think that just because we have lour parks that are off-leash parks, If they are beginning to believe that these are primary dog parks Instead of regular parks, then we have to look at that. We have to find out why people are beginning to think that and this Isn't the only person that told methet . Council Member Barrentine said I had a lot of the people say that they will have no problem eventually, because they don't let their children go down there anymore . I'd hate to see that piece leave the nelgi ,borhood tno . And W you guys ere willing to addreaa that thote people ex ist and that they have just es much of an l11ue with what is going on end to really hear what they are saying , maybe you could con,e back . I tell you what, I withdraw the motion but I'm telling you , I will bring the motion back up within two or three months If we don 't have some resolution from tr,ose people that I have heard fro," so that they believe that these things are truly being addre11ed I~ wl1ere I can go down to that park an• not see dogs running around the playground, not almott 1\11 • • • • · Engl,,.,..;,od City Council May 7, 2007 P1g137 a Brittany on my way to driving my aon to school because he runs out Into Qu incy , to not IN animals to have some Idea of what voice command 11 and to not IN on a regular basis, doga that aren 't even close to being under voice command, that there la some kind of control and comfort level that people are safe out there as wetl. Tavis said I agree with what you said Mr . Oakley and you Laurett end I honestly think we are kind of going through a growing pain ... one of these wave-type patlems that we are sNlng. We have had a lot happen this pasl year . We have a lol more new people coming to the park ... a lot of them are from out of town . Now Code Enforcement Is one way to address your concern with this attitude or mentality that II Is a dog park or It's ours, they should go somewhere else . I have heard of a woman named Carolyn, I believe, who Is really active at Bates/Logan ... bulldlng relationships with people . She got to know people on a first name basis . She would come In and educate people llke ... l could give you a ticket right now for lhls , do you really want to argue with me or do you want to get a ticket? Council Member Barrentine said I appreciate you adding to this, but I have withdrawn my motion and we have two or three months so I would be more than happy to work with you . I sit as the liaison on the Code Enforcement and I would be more than happy to get with you and let you know some of the concerns specifically that people brought up and see how you guys feel you can address that. You 've gol a group of very caring people. None f us are dog haters . I have a dog . We want to work this out for everybody, but In the end, Wayne Is right. II is not a dog park end we need to try to work this out so everybody can work together and I would be more than willing to work with you as well , or at least let you know what has been given to me on the positives and negatives as well. Thank you very much for your time . Council Member Oakley said I think we had enough common ground here to do what you are saying . I think that we are definitely tired of talking . Mayor Wolosyn said thank you Tavis . Laurett has withdrawn her motion . Ray you also have a motion on the table, are you satisfied? Mr . Tomasso said mine was just to table the motion so the motion has been withdrawn sot .. • table has been withdrawn . Ms . Barrentine said yes, we agreed on that. MPyor Wolosyn said so is that the end oi that discussion . Ms . Barrentine said he didn 't get a second and I didn 't ge, a second so I just made a statement that I am going to bring It back . 13. City Man1gef1 Report (a) City Managor Sears said Broo k Bell ls here and he will, briefly, go through the issues that were In the packet regard ing Englewood Days . I think there are a couple of decisions that need to be made . I will ask him to just briefly highlight those and maybe we can move on, on those issues . Mayor Wolosyn said I would like to thank you Brook for your patience . Planner Bell said at the April 16th regular meeting , Mr . Cohn of Englewood Days presented Council with a 11st of 10 requests related to the event. Many of those requests iiivolve City resources . Council was able , that night , to provide direction on two of those Items end asked staff to provide additional Information on the remaining requests for Council conslderetlon . Since that time, each department has responded to the Englewood Days ,equasta In terms of what was provided last year and what are some of the costs Involved . Council ls welcome, certainly , to give us ln ~ut on any of those requests . However, request number 7 and number 9 really require the most Council direction Request number 7 really deals with closure of Lincoln Street and the use of the one City lot on Llncoln ... and t s~ould mention about request number 7 ... that there was a petit ion Involved In that request and the staff memol'andum stated that 7 of 15 businesses have signed that petition on Broadway and that 2 out of 4 hed signed II on Lincoln , Since the packet went out last WNk, the Englewood Days promoters have gathered aome addlllonal slgnatures ... such that the number really nNdl to be amended to 11 of 16 businesses on Broadway and 3 of 4 businesses on Lincoln . If you add In the Orchard Place building and the Swedish Rehab, you really have 5 out of 6 businesses on Lincoln . So that Is really what we are look Ing for ... direction on Engl-ood City Council May 7, 2007 Paga 31 Council requnt number 7 and number 9. Number 9 deals more with Safety Services personnel helping out at the event. He ■1ked II there were any questions or dlscu11lon . Mayor Wolosyn said would Council Ilka lo make thase decisions tonight or weigh In on them al lhe nexl Study Se11lon? Council Member Woodward said Brook stayed here tonlghtso I think I would Ilka to ... wllh regard to the Show Wagon, I think I had mentioned al Iha lasl mffllng that number 1, Doug came to Parka and Rec and Parks and Rec wn to waive that. We have a meeting this Thursday and I would suggest that Is where he needs to come . I would assume that II would probably be waived again . Wllh regard to number 7, you clarified that...allhough I did want...l was lnteresled ... you said 11 ol 16 now and 3 ol 4 ... are Iha 5 of those 16 saying no or are they ... ? Mr . Bell said Mr . Cohn Is nol here and I don'I have the exact dlsposlllon on what would be considered no 's. II could be that the business wasn't there al tha time or It could be thal they said no . Mr . Woodward said okay . Mr . Bell said but they did not sign the petition . Mr. Woodward said okay ... well 11 of 16 and 3 ol 4 ... lhere is a majority there . Before , there wasn't even a majority and that kind of concerned me . Under number 9, the beer gardens ... I don't see the beer garaens in here . Have the beer gardens gone away? Because I am assuming this Is the Tasia of Englewood, which Is lhe Chamber's event Mr . Bell said that is correct The two events are tied together somewhat and so they would formally ask for that permi$Sion with their liquor llcanse application . But as part of this Englewood Days request, lhey are asking the question and ere asking It for the beer garden . Mr . Woodward said well as a Board member of the Chamber of Commerce and having been In altendance to lhelr lasl meeting and having asked Iha question, that was not the response . There was not support for the beer garden and so thal needs to be • clarified . Again , I will not support beer gardens in this town for whal Is considered to be a family event I won'I • do it and In fact , It makes me angry . Mayor Wolosyn said Brook are lhey asking for two liquor licenses? Mr. Bell said ~o. It was my understanding that the liquor license would be along wllh the Taste event. Council Member Barrentine said could we as k for Doug lo have some clarification and put this on a Study Ses sio n since there are a couple of questions apparently? Council Mem ~er Moore said unless we know there is enough resistance lo a liquor license lo resolve the issue now . Council Member Oakley said I would like to voice my opinion righl now . I support Jim and I would nol support a beer garden . Council Member Barrentine said however, the Tasia is asking for a special evenls perrnil, lhey would do Iha! with the Liquor BOl>rd ... not come to lhe Council and ask for it. Mayor Wolosyn said do you support lhe Taste? Council Member Woodward said I support the Taste . I do not support a beer garden . Council Member Barrentine said I don'I know lhal they have combined ii . Since there Is a question , I am nol sure . Mr. Bell said we will gel some clarlflcatlon on thal ~~rtlcular Issue . Thal was my understanding . Mayor Wolosyn said that Is what I tried to clarl~t with Katie and she told me only one and thal was the Tasia of Englewood . I mean thal Is whal I asked her. Mr . Woodward said we discussed It at the Board meetln~. Ms . Wolosyn said so I don't think II sounds Ilka Englewood Days Is requesting lt...we do need clarlficallon . • • • • · Englewood City Council May 7,2007 Paga 31 Council Member Barrentine said wall ii has lo go to Iha Liquor Board anyway, so If we could Just gel some ciartflcallon at Iha next Study Session, I would appreciate II. Mr. Bell said I can provide that. Then on number 7 In terms of closing Lincoln Street, It Is more an l11ua of the beer garden, as opposed to closing the street for the Taste . Am I correct In lhia? Ma. Barrentine said no, ii was last year that It was recommended from Safety Services and from the trucks that came In . They aeld It would be easier If we closed Lincoln for Englewood Days. They Just said It wou ld be easier to manage to run the thing , to be able to gel access In and out of the parking lot and so I guess that Is what they were going for . But ii was not Just for that. Thal was already recommended well bafora any liquor authority got Involved . City Manager Sears said since we need clarification on the one item , why don 't we gal clarification on that item and then come back on May 21 • at a Study Session and make a recommendation at that time . Mayor Wolosyn said thank you. Mr. Sears said, anyth ing else Brook? Thank you very much . Mr . Beil said thank you . (b) City Manager Sears said regard ing Mike Flaherty and the Task Force .. Mike would you talk about the schedule for that. Deputy City Manager Flaherty said I have volunteered to serve as Facilitator for the Vicious Animal Task Force only . I have reviewed the appl ications that came in. Of the 5 members that were seiected ... there are three from the citizen at large group , as well as the two from the ammal profess ionals . We determ ined that Thursday looked like the best da le, so I have tentatively scheduled a meeting for Thursday , May 17" which will serve as the organizational meeting for that group . I will contact each of those members ... lhe 5 members that Council selected as well as the other three members that were selected from the three organizations ... Code Enforcement Advisory Committee , the Postal carriers and Englewood Unleashed . So we will have our organizational meeting on May 17" al 7:00 p.m. and al that meeting we will bas ically discuss the instruct ions from Council , as well as any other Issues that that group wants lo bring up . And primarily talk abo ut log istics and goals . I will furn ish a copy of that letter lo Council after ii is sent lo the members of the Task Force . (c) City Manager Sears said Just a reminder that next Monday night is the Citizen of the Year celebration for Nancy Peterson , al 6:00 o'cloc k al Malley Center. (d) City Manager Sears said on Saturday, May 19th we meet here at 8 :30 and we will get the agenda out lo Council , ai:ing with the packet Information early next week . We are anticipating going out lo the Golf Course In the early afternoon to lake a look at the redevelopment . Council Member Barrentine sa id May 19th is the Budget Retreat? Mr. Sears saia yes , thet is correct .. meet al the City Center at 8 :30. Ms . Barrentine sa id okay . 14 . City Attorney'• Report City Attorney Brotzman did not have any matters lo bring before Council. Council Member Oakley said before we adjourn . How are we going lo address the question that the gentleman asked of you tonight about waiving? I forget what the question was now, but he was ask ing ... Mayor Wolosyn said I am not prepared lo address that right now .. .i s anybody? Englewood City Council May 7, 2007 Paga40 Council Member Barrentine said I don 't think, having taken a look at soma the stuff, I don't believe there has been a fine assessed at this po int. There Is no fine to waive . City Manager Sears said I can speak to that . Thay have been given a Notice of Violation and they have 14 days from last Friday to actually correct tha t to conform wllh the Coda , which In essence means removal of Iha majority of the pa intings , other than what would be a square foo lage for Iha mural. I know Tricia Langon has provided them with that information through Sam Watson . If they don't comply with our current ordinance In thal regard , then they, actually will be cited to go into court 14 days from last Friday . Mayor Wolosyn said I have a questlon ... do I understand that you can have a mural that is 70% of Iha frontage . Is that what It Is? City Man ager Sea rs asked Tricia lo address th is. Senior Planner Langon said murals are considered signs and the total signage is based on .. .for this particular property ... the street frontage . There are two street frontages . Because they have actually quite a long frontage, they are allowed 5 signs totaling 442 square feet . No sign can be larger than a 100 square feet If It is through the General Sign Code . If ii goes through the Creative Sign Code ... through City Manager approval or City Manager deslgnee approval . that could go up to 125 square feet. • Council Member Barrentine said how does that address the art work that Is on th is building? Ms . Langon said we do hs,e a definition of a work of art . A work of art, also , could be a mural . And murals are govemed under the Sign Code under the South Broadway signage area . Murals are only allowed on South Broadway and only under the Creative Sign Code , through City Manager approval. The Issue In this case Is that no permit was taken out. Ms . Barrentine said I understand that...what I asked was on this building, when you go underneath and there are murals and things, are those considered part of that? Ms . Langon said they would be one • of .... Ms . Barrentine said on the Liquor Barn where they have the Cl ydesdales horse thing ... Is that considered a sign? Ms. Langon said that also is a mural , but that was before the 2004 UDC went into effect, so ii is not under the same regulations . Ms . Barrentine said Is art work considered part of that signage? Ms . Langon sa id If It is considered a work of art , such as a sculpture, that is not considered signage . Murals , however, are considered signage . Council Member Or'<ley asked if there was someth ing about if it Is advertisement for the business ... Is there something along lhOsa lines? Ms . Langon said murals may not advertise the bu si ness . The definition of sign , is actually anything that draws attention to a product or a business . City Manager Sears said, basically , to be clear , they have , as I understand , up to 12 ·, square feet for a mural they could put on the ir build ing on one side . Ms . Langon said on one side . Mr. Sea rs said anyth ing beyond that, unless the Sign Code is changed, they don 't comply with . Ms . Langon said right. They could have up to 125 square feet under a permit and with City Manager des ignee approval. Ms . Barrentine said a sign is anything that draws attention to that bus iness or product? Ms . Langon sa id right. Ms . narrentine said so if the March Hare paints their building purple and makes It look like a little Swiss chalet and that draws attention to their building then that Is considered a sign? Ms . Langon sa id I didn't say our sign de iinitlon Is the best sign definition . Council Member Barrentine said I am just trying to get some clarification for myself. Because as we're going through this, we have certainly had a lot of art work that has been pieced where It draws attention to that business, as ii Is supposed to ... we are s·Jpposed to want It to . We want people to go "oh, art work , or there Is business behind It" ... so I am just trytng to get a handle on that. Senior Planner Langon said works of art are not subject to permits . • • · Engtewood City Council MayT,2007 Paga41 Ma . Barrentine 11aid 10 .•. llke some people have done wllh dead trees . They carve a tree totem pole ... that Is not conaldarad a rilgn , that Is a work of art? Ms . Langon eald that Is correct , that Is a work of art . Ms . Langon said I will mention that we are working on updates to the Sign Code and these are all Issues that we can cartalr,ly be looking et. Ms . Barmntlne said back to the color ... since I brought up the purple th ing . Do we have restrlctlons on that? Ms . Langon said we have no restriction on colors . MayorWolosyn asked Council Member Oakley 11 he w3nted to make a motion . Mr . Oakley sa id no , I Just wanted to have the ir question addressed . Council Member Barrentine said but at this time I am correct ... there Is no flne to waive? All right , okay. City Manager Sears said unless an action Is taken ... Councl! Member Barrentine said but at th is moment today, there Is no fine to do anyth ing with . Mr. Sears said at th is po int In time , that Is c ,rrect That Is correct , but It Is not on any agenda com ing forward . 15. Adjoummont • •