HomeMy WebLinkAbout2007-06-18 (Regular) Meeting Minutes•
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1. Call to Ordar
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORAO "\
Regular S111lon
Jun ■ 18 , 2007
The regula , meeting of the EnglewOOd City Council was called to order by Mayor Wolosyn at 7:30 p.m.
2. Invocation
The Invocation was given by Council Member Barrentine .
3. Pladga of Allegl ■nce
The Pledge of Allegiance was led by Mayor Wolosyn.
4 . Roll Call
Present:
Absent:
A quorum was present.
Council Members Tomasso , Barrentine , Oakley, Mccaslin ,
Woodward , Woiosyn
Council Member Moore
Also present: City Manager Sears
City Attorney Brotzman
Deputy City Manager Flaherty
City Clerk Ellis
Deputy City Clerk Bush
Director Olson , Safety Services
Director Eaton , Human Resources
Director Kehm , Public Works
Manager Still, Community Development
5. Conalder■tlon of Minute ■ of Previous S111lon
(a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 4, 2007.
Mayor Woiosyn asked If there was any discussion.
Council Member Barrentine said I ha•,e one correction or clarification . There was a motion that w~, made or e
resolution that was made to Include the $200,000.00, along with the $62,500.00 for Oxbow . I believe, according
to the Charter, that we 1hould have had those separated out as single Issues. It was put In with something that
had the $200,000.00, which is an almost 100 percent Increase , In the oversight on the Sheridan
Redevelopment. I don't believe It belonged with the $62,500.00 that was our part of the Oxbow purchase . They
are not public Improvement. Thay are two aaparate deals . I esked at that budget aaaslon .•. whan Gery Sears
came and said that ha had already approved that... I asked that we vole for that. I asked that we get en
accounting for what had happened on Iha money end whet wa were going to ba spending It on and I still have
r.orne confusion on why we had a 100 percent increase and we still don't have that project don e. Nonetheless , I
wanted soma dl1C1111lon to happen on II . Since It's already been voted on , I still believe that we should have It
separated out.
Engl-ood City Council
June 18, 2007
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Mayor Wolosyn said so you are not making an amendment , you're just commenting on it? Council Member
Barrentine seld a clarification on It, yes . Mayor Wol osyn said thank you . Council Member Llar(tl ntlna said It
should not have baen Included ... It made It sel'm as If the $200,000 .00 for the Sharld~n Redevolopment, the
oversight on that, was part of a public Improvement and part of the Oxbow project. Thet Is why the Charter calls
for them to be separated out. Mayor Wolosyn said maybe we can return to this un~er Co,m cll'a Choice for
some clarifi cati on .
Mayor Wolosyn asked if there w~re any other comments .
Council Mtmber Woodward said yes , I have one correction . This would be on pege five, the second to the last
paragraph : "Council Member Woodward said I would just like to acknowledge and thank the City ol l.!l!!m, not
Englewood."
Mayor Wolosyn asked ii there was anything else?
City Clerk Ellis raquastad clarification . She said Council Member Barrentlne's comments would not ba shown
as a correction to the minutes . Is that correct? Mayor Wolosyn said yes . Council Member Barrentine sa id well
then at least show that it as an objection that they were put through that way . It Is contradictory to our Charter to
allow a resolution to go back on two issues . It specifically says that on ordinances, reaolutlona and motions, that
they ha ve to be separated out. We are talking about public Improvement and two different funds. And I think it's
inappropriate for them to be together. City Clerk Ellis said how would you suggest that I change these minutes
to reflect that, these minutes from June 4, 2007? What would you want ma to do to amend them? Mayor
Wolosyn said that you are not asking to be amended , you're just commenting on them, rlght? Because we can't
amend ... the minutes are a record of what happened . Right? Council Member Ban-entlne said but that's part of
the objection that I had at the time for this going through ... that they were put together . Mayor Wolosyn said I
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think that these comments should be a part of the minutes of th is meeting . Council Member Barrentine said •
that's fine . Th31 will be fine .
Mayor Wolosyn said anything else? There was nothing else .
Vote reau lta:
Ayes : Council Members Barrentine, McCaslln, Wolosyn , Woodward,
Tomasso, Oakley
Nays : None
Absent : Council Member Moore
Motion carried and the minutes were approved as amended by Council Member Woodward .
6. Rer.ognlllon of Scheduled Public Comment
There were no scheduled visitors .
7. Recognition of Unscheduled Public Comment
(a) Dave Walker , an Englewood resident , a■ld I've grown up here . I've lived here most of my life
and the place Is turning into a real dump . With the pawn 1hop1 and Iha tattoo parlors and the druggies . I've got
a druggie llvlng next to me that they can't 1Nm to do anything with . And I think that the Police Department Is
Just going after the wrong people ... lh& speeders . In another five years the place Is going to be e ... I don't know.
There are people coming and going all of the time. I llvad over on Clarkson and Chenango .'or 20 years and it
was a nice place, but thla neighborhood over here la Juat ... the place next to me Is Just a crash pad for drug
people . I mean, It's Just horrible . The older lady who livfl ICtOII the alley from me, her name Is Musselman ,
She 's a sweetheart . She'a really nice. And I had a apare 11lr condltloner I was going lo take It over and put ii In
the window for her, but she's afraid to put It In there . Sha', afraid that somebody will pull It out and come In and •
get her. There are cigarette butta Ill ovar tt,e ground . They know that they're being watched, so they park over
on Fox and cut through her yerd and go In ti~rough the back, 10 people don 't aae them . And that's Just my
place, but the whole City la ltke that anymore . They'VI got to start cleenlng up or It's going to be too late. You
know, I've got friends with bu1lne1se1 along Broadway that heva bNn In business for years . The guy with the
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Englewood City Council
June 11, 2007
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tran1ml11lon 1hop or a friend of mine ... hl1 dad had Jerry'■ Leather Good1 . I mean , people Ju11 don't come here
anymore , Since I've moved o-lhere, I've have friend■ that don't even like to go ~ thef9 . Thia -frtlnd of
mlnll, 1ht wa111ttlng cul front wetting for me one day and 1he Hid aha nw hoodlum, walking down the 111Wt .
I ltld hoodlum■? They live over In Cherry HIi is , 10 1he'1 not Ulad to all lhll, I mean, lhe Police Depa,1mtnl jull
hal the wrong prlorttle1 . ln1lead of sitting there with lhe radar gun,, they nNd lo go afta, the Ct00k1 . M theN
dlugglel ... l mean , ll'o Ju11 horrible anymore . I don't know what olae to Hy. If I aay too much , I get hOI . They
rHlly need lo 1tert cracking down . The Code Enforcement people ... the girt wa hive, I think her name II
Marilyn, 1he'1 real nice and ■Ince I went to the meeting and stuff, 1he'1 really cracked down on theN people ,
And 1h1 does a good Job, but there's another house , lwo doors down, acro11 the alley on Fo•, the guy's got
weadl WIIII high In hll back yard . He's gal an old playhouae up there on ,11111 . The ,oar, all caved In . The
place 11 Just falling apart . She ignores lhat, you know, and I appreciate her going alta, theH people, bul lhe'1
got bllndn on . You know you can drive the whole Clly In a day . They've gal four or five of thlH people . Wh1I
do thay do? You know, you can go around and do your stuff In a day, bul whal do you do the real of the -k?
But they really need to start doing something or 1h11 place will be another Sheridan , reel quick .
Mayor Wolosyn "-&Id thank you for taking the time to coma down here and share lhal with ua . Thank you .
In response lo Council Member Oakley and Council Member Barrentine , the addresses Mr . Walker referred lo,
were repeated .
(b) Lindsey Lowery, an Englewood resident, sa id I live across lhe slreel from the house . I heve
been In contact with Robert Akins many, many times over Iha drug activity at this house, since we had a SWAT
team In !hare almost a year ego . We were ell asked to evacuate our house thal night. What an Inconvenience
that was , sin ce I have lo be up at the crack of dawn lo go to work . These people have no consideration of
anybody bul themselves . I was Informed one day lest week , as my husband had left the house end w11 walking
our dogs, and I was al work ... thal es soon as he got out of sigh!, one of Iha people acroaa the 1lreel, watched
him , and went over and Jumped my fence . They have no right to trespass on my property . I will not tolerate
their garbage, !hair trash and lhey ere inconsiderate or everybo<ly . Their dog has come acro11 Iha slreel ,
started dog fights with my dog, tom up my garden . I have had II. I feel Ilka Englewood Pf:' has lel me down . I
feel Ilka Robert Akins has left me hanging, because every lime I call Englewood PD , they Inform the people
acro11 the slreel that "your neighbor has called and Informed us that there ere drug sales going on•. Yes , I
hava made many calls on this especially al 2 :00 and 3:00 , and 4:00 In the morning . It never slops . Englewood
does not do their Job . These people sleep most or Iha day . If Englewood really wantad to do something about
this , bust them al night, because this Is their activity, Is at night. And I have had my fill or these people . And Its
up to you guys to protect us , If you cannot , I am loading my double-barrel shotgun , becaL11e they nave now
coma lnlo my yard and caused r,,e harm . If you guys cannot prolecl me, I will. Thank you .
(c) Dan Talk, a Llttlelon resident , sa id my morn Is en Englewood resident and sha Is aldarty. I was
raised In her houae and wenl through the Englewood 1chool1 . I now live In Littleton . I have my morn slaying al
home rather than al a care fecHlly . She gels around but...ll ke these peopla , I have a great concern about whet'•
going on In lhat property . I know Mr . Brotzman . I've heard his name a couple of time ■. I know lhal we 've
already brought one caae, II you could call II thel ... end l'va brought aome picture,. I've taken soma today.
Sorry, bul I wrola 1 1111 on here . They've already been end had lo appear In court for code violation■ and,
correct ma when I'm wrong here, for tack of compllenca . The property 11 ulld II a aalvage yard . Garrett
Mitchell Mae,, who I knew when ha w11 little, ho 's about 40 year■ old now I believe , moved down here from
Yampa three year■ ago when his grendmolher went lo live with her mothar . Helen Homyak 11 the owner . Her
husband, Howard, I think died about 7 or 8 yen ago . Helen couldn'l laka care of the property . She moved lo
Aurora and her beloved grandson Mllchy, kind of moved In and brought will! him loll and Iota of pretty un,evory
characla<s . II goes on daNy . Thera ara naw people thera , almoet ~ WNk . Wa're now In I naw 1pell.
There's somebody new now . t'e'1 brought hll glrtfrtend . She llvet theta, They're reconditioning I Vlhlcla In
Iha front yard , I can't really ■peak lo Iha drug ■ctlvlty. I've seen soma pretty queatlonabll thlnga go on and thay
have no vlllbla mean, of 1upport, Genarally , llke thna gv.ys aay , they 11Hp all day I atop by my morn·, house
at 7 In Iha morning , put I nawapaper through I maN llol, a•nd then check on hr. 11 5 at night. That'■ when you
,tart to 1H some of Iha ■ctlvlly . But , b11lcally the concern, go Ilka thla: I think number one 11 Iha potllbla drug
llalel and Involvement. Numa,ou1 , numerous mystery ca,s and figures that drive by at night. I've seen that a
little bit . Two , 11 the lack of compliance with the tr■1h II they continua lo run Iha salvage bu1lnll11 . They drive
Engl-ood City Council
June 18, 2007
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around the slreets , Is whet they do , and then they pick up all of the garbage out In the yard, In the a/leya . There
are roll bars from lrucks . There are big steel tank ■. There's tum/lure . II staya out on the yard . I call Marilyn
almost every day. I e-mail her pictures every day . And I'm a lltUe different lhan Dave . I'm really not here to
gripe about the City per se, I Just want you to target this ectlvlty . Three weeks ago, they stole the rocks off my
mother's front yard . Rocks that she had brought from the mountains and I don 't think she paid to have II
landscaped . Milch Maes came over and took all the rocks off her little land1c■ped front pleca and took them
over and put It In his yard. So , I called the police . He showed up on a Sunday afternoon and there 's no
complaint. I want to flle a complaint. That 's lrespass ing ... lhal's theft . I probably have the business card
somcp' •• but I never heard another word about It. The rocks did magically get put back In the yard, but It was
an av • I thought that there was something that we could pursue. You know ... theft . But I never heard
anolhtr word about It. Again , they run a business at the residence . There 's salvage completely In the back
yard . And In the front yard , there's trash , there's furniture , cha irs , wheels and tires . Every once In a while they
throw sales up In the yard to lry to sell stuff. Lastly, ri ght now , I think the big concern Is there are four min ors , I
believe , that live over there , In the midst of all of this . And, again , we have numerous strangers , every week ,
there's somebody new living there . I don 't know what it's going to take , but I'd sure like to maybe sit down with
Mr. Brotzman or somebody from the Police Department and see If there Is some way we can zero In on the
problems . I know they're very emotional about ii , but maybe we can come up with a plan of action . I'd be glad
to leave my name and number with somebody . And I have some pictures for you here .
Mayor Wolosyn said al this po int of the meeting we don't have a discussion , but I can assure you, that If you
slay around for a few minutes , in this short meeting, th is will be taken up again under Council's Choice al the
end of the meeting .
Council Member Woodward requested the address of the subject property . Mr . Telk complied .
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Directo r Olson said I've talk to these folks outside an u th~y are very concerned about ii, and th is address •
sounds like one that we have been focus ing on for sor •jme. So , I will try lo find out the history of our activities
there because, obv iously , ii will be short term and we'h .ee what's go ing on . I mean , we've done this with other
properties in the past, where it's almost gelling lo the point of being a nu isance and we can take a different, a
totally different route on this . You can discuss ii later If you want to and I have had some contact with them
already . And I'm sure we ha ve many of the names and addresses of all three of you in our files , but I want to do
a complete study of ii tomorrow and we 'll just see what is the current history, because we could have legal
action being taken against them right now, with all of these different violations, I'm not sure where It Is at this
point . So, I can 't talk about It specifically, but we 'll definitely look al ii as being in a major Issue .
Mayor Wolosyn said Chr is you can put II in as a Council request under my name , so then it can go Into the
packet.
Director Olson said okay .
Mr . Talk said if I could say one last thing . I had stopped by my Mom's house today and be ing elderly , she is
temperature sens itive and I haven 't put her air conditione r In Iha back window, because I'm afraid to . I really
question the people that are next door . I mean, they come next door and steal rocks. What's next?
Mayor Wolosyn sa id thank you for com ing .
(d) Bob Burt , an Englewood resident , sa id I would just like lo support some of the comments
they 've said about some of the thing s happening in Englewood . Petty theft . A lot of activity that Isn't ~eslrab/e .
"ecanlly, my father-In-law moved Into town i.nd I put him up In a I/Ille place on South Acoma Street a .. d within
about a week, his truck disappeared . It was stolen from In the alley. Probably the same type of characters . I've
been a landlord for a long time . I manage a couple of properties In Englewood and I used to tell my lenanta that
Englewood had a real good police presence . Very safe place . My wife feels safe here . Doesn't have e problem
going out jogging . And I don't quite feel that way anymore . The police presence has all but dried up . I'm not •
sure where they're spending their lime, but...l'm In and around Englewood 2417 . I work on houses . I do
property management. I get cited by Code Enforcement occas ionally for my weeds end there again , I th ink the ir
priorities are a 1/IUe lacking too . You know, I work on properties . I spend money on properties. And Code
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Englewood City Councll
June 18, 2007
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Enforcemenl comet around and 11yt wlll lheN'1 HIiie WNda lhel9 and 11Uff llke thal and I can probably cite 10
propertlel In Iha ... with anlirlly dMd .,_ Wllllng 101111 on IOIMbody or on IOIMbody'1 property or hou11.
So, belWNn lhe Code Enforcemenl and th■ pallet, I tlllnil WI need I better Pf9HIICe out there and I lhlnk we
need lo prlortllze what ii being dicked flrll. llloauN Cod■ l!ntoroem.nl cannot phyalcally ,tte every llltle
lscue and they 1houldn'I. There lhould be• pno,tty 1111 and WI lhould ••rt with thOM worsl rropertlet , those
dang arous 1ttua11on1 and work our way down . Tl1■1 '1 about al I have lo eay . Thank you for yoi:r time .
Mayor Woloayn 111d thank you .
8. Communication■, Proolamtlk''""' Jncl Appointment
(a) A letter from Cynthil Adi ;, .1 lndlcallng her re1lgn111on lrom KffP Englewood Beeullful was
cons !Jored.
COUNCIL MEMBl!R WOOOWAIID MOVID, AND IT WAI IICONDl!D, TO ACCEPT THE RESIGNATION
OF CYNTHIA ADAMI l'IIIOM KIii' INOLIWOOD IIAUTll'UL .
Council Member Woodward Hid I think Cynlhla wtll be ml1Hd on KEB and I wl1h her lhe besl of luck In her new
endeavor oul of lown .
Vote re,ulta:
Ay11 :
Naya :
Ab1enl :
Mollon carried .
Councll Memberl Barrenl lne , McC11lln, Wolosyn , Woodward ,
Tom1110, Oekley
None
Council Member Moore
(~) A letter from Berber• Foul lndlcallng her rHlgnallon from Iha Liquor Licens ing Aulhorlly was
considered .
COUNCIL Ml!MUIII ■AIIIIIINTINI MOVID, AND IT WAI SECONDED, TO ACCEPT, WITH REGRET, THE
RESIGNATION 0, ■All ■AIIA l'OUT l'IIIOM THI LIQUOIII LICl!NIINO AUTHORITY .
Council Member llarrenllnl Hid I wort<ld with her on Iha Liquor Board for over 8 years . She was on lhare prior
lo thal. Sha'1 pnwldad qutte a bK ol servlca to the Ctty ol Englewood end was very knowledgeable on lhe liquor
llcan1lng llluet end the hl11ory ol Englewood and Iha wHI be de■rty missed .
voi. reeulta :
Ayn:
Naya :
AIIHnl :
Motion carried .
9 . Canter.I 1.;er.clt
Council Memberl Barra.il lne, McCa1lln, Wolosyn , Woodward ,
TornHIO, Oeklay
None
CouncN Member Moore
(■) Appfovll ol Onllnancea on Flrsl Relldlng
There ware no 11ern1 IUbmllted for approvll on flrtl reeding .
COUNCL 111118111 TOMAIIO MOVID, AND IT WAI ll!CONDl!D, TO APPROVE CONSENT AGENDA
ITIMI I Cit) (1), (N) and I (o) (I),
;;,1 Appfovll ol Onllnancel on Second Re !ldlng
Englewood City Councll
J~ne 11,2007
Pagel
(I) ORD INAN ENO. 37, SERIES OF 2007 (COUNCIL BILL NO . 35, INTRCDUCED BY
COUNCIL MEMBER TOMASSO)
AN ORDINANCE AMENDING TITLE 16, CHAPTER 8, SECTION 13, SUBSECTION E (17), OF n ;.s
ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE SOUTH BROADWAY DISTRICT
IDENTIFICATION BANNERS .
(II) ORDINANCE NO. 38, SERIES OF 2007 (COUNCIL BILL NO. 38, INTRODLIC:ED BY
COUNCIL MEMBER WOODWARD)
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT
(VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18™ JU DI CIAL
DISTRICT .
(c) Resolutions and Motions
(I ) RESOLUTION NO . 50 , SERIES OF 2007
A RESOLUTION AUTHORIZING THE EXEMPTION OF THE HABITAT FOR HUMANITY OF METRO-DENVER
(HFHMD) FROM BUILDING PERMIT FEES ASSOCIATED WITH THE DEVELOPMENT OF EIGHT PAIRED
SINGLE FAMILY HOMES LOCATED AT 2079 WEST VASS ~ AVENUE , NOW KNOWN AS 2025 , 2049, 2065
AND 2079 WEST VASSAR AVENUE AND 2074, 2078, 2082, AND 2086 WEST HILLSIDE AVENUE .
Vote rHults:
Ayes:
Nayr:
Absent:
Motion carried .
10 . Public l-learlng Items
Council Members Barrenline , Mccaslin, Wolosyn , Woodward,
To masso , Oakley
None
Council Member Moore
No public hearing was scheduled before Council.
11 . Ordinances, Reaolutlon and Motions
(a) Approval of Ordinances on First Reading
There were no items submitted for approval on first reading.
(b) Approval of Ordinances on Second Reading
There ware no additional items submitted for approval on second reading. (See Agenda Item 9 -Con~ent
Agunda.i
c) Resolutions and Motions
(I) Director Eaton presented a recommendation from the Human Resources Departmenl to
adopt• rHolutlon approving the Collective Bargaining Agreement between the Englewood Employees
Auocla!,on and the City of Englewood for !he years 2008 and 2009. She said there are no significant changes
to the C"JOtracl o-the last two year contract . All weges will continue to be based upon employee performance ,
ea Indicated by their perform ance evaluation score. And It Is a two year contract for 2008 and 2009 .
Council Member Woodward said I have a question. On the very last sentence on the second page .•. the EEA
WIJeS associated with the General Fund are 51 percent of the total EEA wages, so the financ ial impact ,
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Englewood City Council
June 11, 2007
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organlzatlonelly, la approximately twice Iha amount listed above . Is lhal because it's two years or what? I'm nol
clear on why il's twice Iha amount.
Director Eaton said half of Iha EEA employees are General Fund employees and Iha olhar half are paid by lhe
Enterprise Fund . So, W you wanted lo lalk abou t Iha organizational impact per year, II would be twice the
amount lhal I've gol lisled for Iha General Fund .
Mayor Wolosyn asked if there ware any other questions . There were none .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c)
(I)· RESOLUTION NO . 51, SERIES OF 2007 .
RESOLUTION NO . 51 , SERIES OF 2007
A RESOLUTION AUTHORIWIG THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF
JANUARY 1, 2008 THROUGH DECEMBER 31, 2009 .
Vote r11ulta :
Motion carried .
Ayes :
Nays :
Absent:
Council Members Barrentine, Mccaslin, Woiosyn, Woodward,
Tomasso , Oakley
None
Council Member Moore
(ii ) Director Kahm presented a recommendation from lhe Department of Public Works lo
approve, by motion, the purchase of one bucket loader, from the lowest acceptable bidder, MacDonald
Equipment, in lhe amount of $68, 7e8 .00 . He said i lhoughl II was important lhal I come this evening and talk lo
you a lillle bil about what a bucket loader is , because it's nol clear when you read lhe Communication . For
many , many years ... in fact , since 1998, we've had a Chevy truck lhal had a front loader on II. And a bucket
loader is simply a loader lhal's allached lo the front of a dump truck and lhal allows .. .for Instance when patching
streets and they're culling asphalt, lhal sluff is very heavy and ii allows you lo put lhal malarial In lhal bucket
and one person can then operate lhal. II !al:es ii over lhe lop of lhe cab and dumps ii inlo lhe bed of lhe truck .
Years ago, those came as a single unit. There were people who me nufaclured lhem. In lhe lasl few years, it's
necessary to buy a truck and then buy lhe loaderfrom a different vendor ... separaleiy ... and then mount ii on
there . We purchased the truck back in April. We lied ii Into a bid on another dump truck and bought bolh of
those al the same lime . The only thing lhal's really unusual about this one , is lhal when we went oul lo lhe
market to get the loader , you 'll notice that we 're awarding to the second low bidder. The lower bidder only , their
product only V1orks on a cab over chassis , which Is a truck with the front end squared out and the cab actually
sils oul over ~e engine , versus a standard dump truck . So , lhe one al McDonald is the only one lhat actually
would work on our truck . This Is a replacement of a vehicle , like I said , lhal has been in service since '98 . And
lhis one should also remain in service for lhe next 9 or 1 O years .
COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Ii) •
THE PURCHASE OF ONE BUCKET LOADER FROM MACDONALD EQUIPMENT, IN THE AMOUNT OF
$88 ,718 .00 .
Mayor Wolosyn asked If there was any discussion . There was none .
Vote results :
Ayes :
Nays :
Absent:
Motion carried .
Council Members Barrentine , Mccaslin, Wolosyn , Woodward,
Tomasso , Oakley
None
Council Member Moore
Engl1wood City Council
June 11, 2007
Page~
12 . General DIICUHlon
(a) Mayor's Choice
(I) Mayor Wolosyn said I would li~e to comment on something that was send under
Consent Agenda, which Is the waiving of the permit fees for the Habitat for Humanity of Denver to develop 8
units In Englewood . Speaking of Habltat...they are known for building good , strong hou 3lng for people who are
Interested in moving Into the naiQhborhood and owning their property and I think it's wonderful that this Is the
second time that we participated and I'm glad that we continue to do that .
(ii) Mayor Wolosyn said I think I'm going lo leave Iha comments on this to everyone else,
but I do want to thank Chris for jumping on It. I th ink it's Important on the issue on Galapago Street. I really do
thank all of you for cominij down and telllno us ... you know, we all have comments to ourselves that we make
when we drive around town and It really helps when someone from the community comas In and let's us know
what its like at that level, on the street. I appreciate it.
(b) Council Members ' Choice
(I) Council Member Barrentine said I had brought up earl ier about the discrepancy with the
Charter about Iha way Resolution No . 49 was passed . The Charter calls for only one issue to be in there . I
believe that the request for the supplemental appropriation, for the $200,000 .00 for the golf course oversight
expenditu "·, should be separated out.
Mayor WolOS )'ll asked if she had anything else . Cruncil Member Barrenllr,e said I want something from Dan .
think we're In violation for what we did hare. Ona, dt !he budget meeting , the City Manager had told us thr,1 he
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had already approved funds. I objected at that time and said that ii needed to come to a vote. It was put in with •
issues that were already on second reading . It was put into the Oxbow property purchase project , which had
been discussed , And brought to Council previous ly. I don 't believe that it was appropriate to put that there and I
don 't believe that we had an appropriate amount of information . Al minimum, it sho•,ld have at least been
separated out on the appropriation . Dan?
City Attorney Brotzman said as a matter of law under the Charter , what was happening was a transfer, an
internal transfer from one fund to another. Those are both the same thing . As a matter of policy, if you want
those separated, you can ask for that .
Council Member Barrentine said the Open Space Fund was something that Council had approved of alread y
and was a set fund . The $4 .1 million, approximately, that we got from the golf course long term lease has not
been decided by Council and has not been discuaseJ as to where ii would go and what it would be spent on . so
~at mor.ay had not been appropriated yet.
City Attorney Brotzman said, again , the engineering fees that were in that resolution are part of the Public Works
budgeted and appropriated consulting fees, so both of those are addressed In separate places. The same
evening the open space funds on the Oxbow Project were passed unanimously by Council . In an earlier
meeting, regarding consulting fees , regarding the Sheridan project, also discussed were the environmental
consulting fees . Substantively, those were two separate items , and you're absolutely right , we would never put
environmental consulting fees ove1 all as a !oplc comb ining II with the Oxbow Project. However , that's not what
that resolution was doing . What the resoluti on we're referring to, and It's referred to on page ~ of the minutes,
Frank explained the two internal transfers from one fund to another . It was simply a bookkeeping issue for t~e
Finance Department. That 's why those two Items were combined . That 's wr,y It's not a Charter vir.latlon .
Again, if you would like thos e separated as a policy matter ... Council Member Ba rrm t ile said but I just want to
ask you . It's ,101 just an accounting function where he 's asking where to take thio 'r,,,rr,. Ws are upping by
almost 100 percent the amount of money being given for oversight, environmental o,erslght, on a project whore
conversation happened at the budget retreal...that we're not even sure that m should be paying for this . There •
are other Issues as to whether that should be comin g from the develcper , wheL'l ~r that should be included AS
part of that project and no! r.ace,sarlly coming out of :hat. We may have approved for money to have been
S?ent previously, that w:,s given by ihe developer specifically for us to use for that a,,d approve that. This was
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Englewood City Councll
June 11, 2007
Paget
totally aeparete money that was coming out of there for that appropriation . The function of the eccounllng
department 11 lo make sure that any supplemental appropriations that we do , that we can afford , that we have
money lo pay for those . The fund that we are taking ii out of has not been determined by Council yet on what
we would do with that money. So, we don 't know whether that fund has Iha money or not. That's not General
Fund money, Nor did I gal frorn ... the only function of accounting for doing a supplemental appropriation Is to
make sure that we have money, Last lime I heard , wa don't hava excess money .
City Allomay Brotzman sa id ii would be transferring from Iha PIF fund to Iha General Fund ... $200,000 .00 .
Council Member Barrentine said correct.
City Attorney Brotzman said that is wh at that resolution does .
Mayor Wolosyn sa id, excuse me, that resolution doesn 't spend money right , or d es ii?
City Allomey Brotzman said correct , ii does not spend money . ii transfers the n .~oey . The spending of the
money comes under the Public Works budget. It's not a Charter violation . Aga ta, ;f you want Iha! separated out
as a matter of policy , so you can have this discussion, that's appropriate as a Cc"ncil member to have that
conversation , but ii is not a Charter violation .
Council Member Barrentine sa id okay, so the $200,000 .00 ... doubling the amount of the oversight on th is ... being
taken ou t of the money that was given for the long term lease on the golf course, is okay to be put ir, there with
open space fund of the $62,500 .00?
City Attorney Brotzman said those two items be ing comb ined is appropria te .
• Council Member Barrentine said okay , than :: you .
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Council Member Woodward said they were lined separately on the actual document.
Council Member Barrentine said however, the Charter specifically, and I have a legitimate concern , the Charter
specif.'8lly says that only one issue can be brought up at a lime . The purchase money being appropriated or
moved or reassigned or realigned or put into a different budget for open space, is a different subject than money
being appropriated , moved, addressed for a development project where we're doing oversight on the ecological
impact oversight, when the developer already has overs ight going on and we are doubling up the money. They
are two different Items . They are two differ~nl activit ies and I believe that they fit in there and ii was a legitimate
question to bring forward and it 's been cleared up . Thank you .
(ii ) Council Member Mccaslin sa id I'd like to thank Dan Talk and Dave Walker and the
young lady here that came up and spoke . I know that they came to a Code Enforcement mee!l ng on th is Issue
months ago and ii was addressed, as far helping clean up . but I th in k this activity Is real. And living next to
something like th is Is very frustrating . Robert, I hav• 11 c ;ame concerns . I live on South Sherman, so I'm In
that same area and I ~-• ·1e some properti es around my ho use that I'd l,ke t~ see something done about too . But
I hear your frustration and I hope everyone else does because , you know, ou; goals and objectives for the City
is to provide a safe and clean City . And that 's what we 're talking about right now. Also , our survey came back
saying that Is one of the most Important th ings we need to do .. .Is to clean up Englewood , make It attractive .
You know, declining enrollment. Let's bring the people back here . My wife's concerned about the enrollment in
schools . She's a principal here in school. She wants to stay here In Englewood . We want lo stay In
Englewood, but It's really frustrating, especially when you live next to somebody like this, when you see th is
activity go on day after day, you just want to throw your hands up . That's not the way to do it. What you guys
are doing Is exactly right. You coma and you voice your concerns and you create a follow-up . I want to be a
part of that Council request. I want to make sure this place Is cleaned up and ff there Is drug activity, I want to
get rid of them . Send them somewhere else . 1 feel your frustration, because I feel some of the same frustratlon
and I hope you guys stay Involved with me, because I'm going to see this stuff through, with you too, because
I'm just ss frustrated . Thank you .
Englewood City Council
June 11, 2007
Paga 10
(Ill) Council Member Oakley uld I'd like lo address the Galapego property too . In the paat,
I had deallnga with Mr. and Mrt. Homyak . At the time, he was very Ill , but I wea In their house several tlmea .
They had dralnllll I11u11 between the house, and In feet, we did Install a 1peclal catch ba1ln In that alley to try
to lolva 1011\1 of their problems . And, I don't know exactly how to say this . I underttend that these are their
grandchildren that are up there ... thal are llvlng there now. Mr . and Mrt. Homyak were kind of herd people to
deal with , They look at things a llttle different. That maybe what's going on there now with Iha next generation .
I don't choose to say any more about that then that. However, when people Ilka this come before ua and aak us
for our help, we have to give them some help. And If this Is treated as a special project , whatever It takes , I
want to aee these people get some help .
(Iv) Council Member Tomasso seld I constantly hear about these code Issues and the code
Issues not being addressed . So I think we need to gel some feedback from the Code Advisory Board as lo whet
they feel the procedure Is, or what's being missed , or whal's not being missed.
Council Member Barrentine said I could give you one problem that came up al that meeting was that It was In
the court process es well. And I think as far as the advisory council, we didn't have any code offlcars there that
night, but there was some frustration about the length of time that it had been going on . Bob, correct me If I'm
wrong , It was a year end a half, that it had beon In the court system and there was some feeling of helplessness
and you know, that they've done their Job . They've gone ahead and fo,werded this on and that It's In that
process . I don 't know . We can address this with the officers , as to what they feel they can do after that, but. ..
Council Member T,·,11esso said that the question Is that every day It Is a violatlon, It's a new violation every day .
It 's not the old violation. Once you have II served , it's like the mural down there . Everyday that the mural Is up
there It Is e continual violation and they can be cited again . Correct Dan?
City Attorney Brotzman said correct .
Council Member Tomasso said so maybe ...
Council Member Barrentine said they wanted more information from Atencio and the court and how that was
'NOrklng loo .
Council Member Tomasso said well maybe it's Just citing lhem everyday .
Council Member Barrentine said I don 't know . I'd have to ask Judge Atencio why .. I don't know why ii was
taking them that long .
Council Member Tomasso said in that case , each day , right? Each lime they were cited ... it's like a parking
violation . Every lime you get cited fo· parking there more than 2 hours, you know , 6 hours, 7 hours , they give
you a new ticket.
Mayor Wolosyn said Chris daclded that he was go ing to look ln'.o some wa y of dealing with II, right?
Director Olson said I totally understand their frustration . And in the pest, we've approached this problem from a
task force µersp ectlve. That's gone a little bit by the ways ide as personnel changed. We lost contact with
certain agencies, and so on . But hearing what they ~re saying today, I em going to really look et our folks
reinstituting what we call the housing task force . It wasn 't for trying to figure out how we get new houses and so
forth In, It was more how to get old housing out . It was e similar situation to this . And I think the last t!,ne we
approached It ... remember we talked about vacant homes end eDendoned and so forth, and we wero very
shocked at the numbers, that Wf! presented 11 you , They were In the hundreds , ij I belleve right. They were
problem properties. And we will try and do everything we can to address th l . Whet It Is , Is e combined effort
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and I'm going to have theJe folks here, I've got their names and their numbers, and when we get Into th is, they •
can definitely be part of the process If they so desire to do that. We'll make every attempt to go after th is
property end we will eatebllsh the task force that we've had in the past, which Is mostly made up of City
employees. Sul t remember we literally walked around from house to house . We ell went out In front of e
house, stood out there , looked et It end then went beck end determined how we could address the Issue. And ij
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Englewood City Councll
June 18, 2007
Page 11
we have lo go the nuisance route, we'll go the nuisance route . If we cen get In touch wl\h these owners , and
they actually work with us , that helps . A lot of times they refuse to do anyth ing with you end let it go . And then
you have to get more and more severe on what happens. But we have to stay within the law, there's no doubt
about that. There la a Constitution and even though people do a lot of things you don't llke .. .l n many ways, they
have righll to do certain things . But I'm going to make a spacial effort on this one espec ially, and let them know
that and all of you ... but wa have to go beyond this even more and address the ones that continually keep
popping up , that we ell know about , that wa just can 't seem to get resolved . And that la a promise that I'll make
to you and we'll continua to try and do that. .. our best effort .
Council Member Barrentine said could I ask you a question on that then? Director Olson said yes . Ms .
Barrentine said why is that code issue on some of these things that we keep hearing about? Why is that staying
as a code Issue when she's made a compla int that the y've trespassed? That's not a code Issue , that 's a
criminal event.
Director Olson sa id that's a police issue too. Sure .
Council Member Barrentine sa id if there 's truly drug activity going on , that's not a code Is sue . I realize thal
that 's a problem too , but there are also police iss ues here and I'm a little confused .
Director Olson sa id because that's when I mentioned the task force , and I know that they've mentioned Rob
Akins, who's our undercover officer with the South Metro Drug Tas k Force . So , ii they've already targeted tha t
as a property to be concerned with , then we 'll work on \hat as well. But when I say task force , it Involves all the
appropriate departments within the City , work ing on the spec ifi c problem and I1.'s been relatively effective In the
past , so I apolog ize that we haven't carried that on forward , but it's something to reins'.''."te and keep going
forward with and I will get that go ing .
(v) Council Member Woodward :
1. He said I certa inly appreciate you com ing tonight and talk ing about this property. And I th ink, a couple
of things 10 address ... what Mr . Burt said ... my being a liaison for t,,e Code Enforcement Adv is ory Comm ittee ,
one of the things that each code officer Is doing is Identifying within their areEs the top 10 violators . And I think
that will help ... onca those tor 10 are really Identified from each area , with some of the th ings that Chris Is talk ing
about with regards to nu isance . I know we are go ing to have com ing before us , a discuss ion on
decriminalization, which would , in my opinion, be helpful. I think the case that Laurett had mentioned earl ier
was actually 157 days, at that point , and I think It started gett ing resolved In court within the , ext few days and it
was finally taken care of, but I certainly appreciate you coming here and appreciate your comments . It makes a
difference . That's how we find lh ese things out a lot of times .
2. He sa id a question, maybe for Rick, and maybe just a qu ick an swer . Where are we on the roof repa irs
at the Servlcenter and that contract that we were looking at last week and was pulled?
Director Kehm said that contract will back before you on July 2"'. Coun cil Member Woodward said okay , great.
3. He said I just wanted to mention Sounds of Summer, this coming Thursday ... it starts on the 21"
... Nacho Men , oldies , rhythm and blues and dance , and Thursday , June 28th , f ' City Mardi Gras , Bourbon
Street Blues and Dixieland .
Council Member Oakley said that I will be out of town for about the next 8 to 1 O days, but I have my cell phone
and I'll be onilne ail of the time, just In case anybody needs to get a hold of me .
Mayor Wo!osyn said I have one more thing . I just wanted to sav that I was happy to see that ail of the properties
owned by the Housing Rehab fund have been sold . It 's always a nice th ing to see .
Englewood City Council
June 11, 2007
Pege 12
13. City Maneger'a Report
City Manager Seers did not have an1• matters to bring Defore Council.
14 . City Attorney's Report
(a) City Attorney Brotzman saic l I will be attending CML next week .
Mayor Wolosyn said there will be no Council Study Sess ion next week , as some Council members will be at the
Colorado Municipal League Conferenc e.
15. Adjournment
OSYN MOVED TO ADJOURN . The mealing adjourned at 8:16 p.m.
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