Loading...
HomeMy WebLinkAbout2006-06-19 (Regular) Meeting Minutes• • • 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular SaHlon Jun• 19, 2008 The regular meeting of the Englewood City Council was called to order by Ma yor Wolosyn at 7:35 p.m. 2. Invocation The Invocation was given by Council Member Barrentine. 3. Pledge of Allegiance The Pledge of Alleg len ce 4. Roll Call Present: Absent: A quorum was present. J by Mayor Wolosyn . Council Members Tomasso, Moore , Barrentine , Mccaslin, Woodward , Wolosyn Council Member Oakley Also present: City Manager Sears C!,y Attorney Brotzman 'Jeputy City Ma nager Flaherty t~,;1 Cl~rk Ell is :.epuly :ity Clerk Bush Dlrecto , .)Ison , Safely Services Director ~onda , Ulllllles Director Gryglewlcz, Finance and Administrative Services Fire Marshal Greene , Safely Serv ices Director Simpson, Commun ity Development Senior Planner l.angon , Community Development Police Commander Sanchez, Safely Services Police Sergeant Watson, Safely Serv ices Fire Division Operations Chief Pattarozzi , Safely Services Fire Battalion Chief Ertle , Safely Services 5. Conaldtratlon of MlnutH of Prtvlou1 StHlon (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE MINuTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 5, 2008 . Mayor Wolosyn asked If there v,as eny discussion . There was none . Vot• reaulta : Motion carried . Ayp ,: lllays : l\bsent: Council Members Barrentine , McCaslin , Moore , Woloayn, Woodward , TornaSIO None Council Member Oakley 6. Rec:ognltlcn of Scheduled Public Comment Englewood City Council June 19, 2008 Pege2 There were no scheduled visitors . 7. Recognition of Un ■cheduled Publlr. Comment (a) T.J . Cassidy of Centennial , Colorado , seld I wish to comment on Council BIii No . 7, the • Southgote/Soulh Arapahoe Intergovernmental r,greement for reimbursement. He said I am the individual t~at brought to light the billing errors for the sanltall~, districts . Vv~lle I am not an attorney, I have done my be st to research the applicable law ... thanks to LexlsNexl .I. Should ar,:·one be Interested, I h&ve with me copies of all of the Statutes and anr,otatlons I will be referring to . Number 1 ... the Sanitation Distri.:t billing error was brought to the attention of the Englewood U:illll~• Department by me on September 26, 2005 . Now after some 9 months, including the 49 days of revisions, since it was first to be presented to Council , we have a disgraceful and downright insulting document being presented to Council. I think it would have been nice if some attempt had been made to notify and so,icit Input from !he overcharged parties or anyone else prior to now, but Instead we were stonewalled . This was even to the extent that ii was declared that the public's business was, In fact, not the public 's business and CRS 24-6-201 did not apply. Would Council be kind enough to instruct the City Attorney to provide me with copies of the minutes of these closed meetings , includi ng the signed statements from the representing attorney and the Chair as per CRS 24-6-402 (2)(d)(tt)? Number 2 ... the 3 organ izations of Englewood Utilities Department (EUD), Southgate Sanitation District (SSD) and South Arapahoe Sanitation District (SASD) have allowed this fiasco to go on for 12 years and now expect us to have faith in their abilities to propose a fair, equitable and accurate resolution. I believe what they are proposing In the City Ordinance under consideration is shamelessly self-serving and should be rejected by Council and returned with instructions as to how Council wants it changed, in order to gain their approval. May I suggest that someone take the time to read CRS 24 -10-102 and annotations, and then remove paragraph 8, as I find it insulting to our intelligence . While you are at It also take out paragraph 6. Number 3 ... at the Englewood Water and Sewer Board meeting of November 8, 2005 t strongly suggested to the Director of Utilities that A .... they obtain an independent auditor (CPA) to determine the scope and monetary impact of this problem on each property .... B ... prepare to pay total • mischarges plus interest compounded ... such as prime rate plus four percent...C ... come up with a plan to find all previous owners/residents that were damaged ... D ... plan to turn over to the State Treasurer any unclaimed funds including interns!. Obviously, I was ignored on all of the above But I tried . Number 4 ... any reasonable person would qu~~t,on the claim SSD seems to have made on the funds collected and held by SASD . Funds which unquestion•bl,' and rightly belong to the overcharged parties . The burden should be on SSD to prove any claim they think they may have on these funds, which clearly they haven't. Furthermore . it should have been South Arapahoe, the original holder of these funds, that should be required to assu""B the role of trustee par CRS 15-1 . 1-105 ... "a trustee shall Invest and manage the trust assets solely in !he Interest of the beneficiaries as opposed to acting for the trustee 's own Interest or that of third parties ." Since SASD has already turned these funds over to SSD , they should be Instructed to return them to SASD poslhaste . Should SSD persist in this matter, they should be Informed to provide a District Court Order releasing the funds to them. Couldn't one even question as to why they would require any compensation at all since they have managed to forgo collection for 12 years and suffer no ill effects . Clearly, if they wish to make a claim for 1heir uncollected fees, it should be with the property owners directly . But then aga in, they are probably familiar with CRS 13-80- 102, which clearly limits any recovery of unpaid utilities charges due to an error in billing procedure ... which Is exactly what we have ... to 2 years, not 12, since the plaintiff knew, or should have known by the exercise of reasonable diligence . Number 5 ... to •\O Into any details about Exhibit A Is a waste of time. The presentation ls unbelievably bad, unless the In '•"":·, was to make It unverifiable . There ere factors thet have obviously been omitted that make it extremd,y ~it,' ,·Jlt , if not impossible, for even a CPA to resolve. And the Interest rates shown are not in a,·cordance with the Colorado law CRS 5-12-102 ... see number 6 below . Furthermore , the numbers from SASD did not even agree with the Englewood Utilities numbers on April 17 , 2006 . All 3 parties ... Clty of Englewood, Southgate and SASD .. ."have reviewed Exhibit A and consulted lt,elr own records and agree that SASD's calculations are accurate and based upon appropriate assumptions and principles ." If this review was done by the same persons responsible for the 84 errors perpotuated for 12 years, I am not c,nvlnced anyone cen have confidence In the accuracy. There Is a definite need to bring In an Independent CPA for a complete audit, top to bottom . Number 6 ... !he proposed Interest to be paid to the Injured parties for • monies wrongfully collected la not In compliance with CRS 5-12-102 ... Stetutory Interest. The Interest due Is plain end unambiguous, as well as a matter of equity under !he doctrine of unjust enrlchment...Trlp v. Cotter Corporation, 701 P.2d 124,126 (Colo . App . 1985) ... slnce no specific rate of Interest due the plaintiff or defendant was set forth by either party , Accordingly, plaintiffs are entitled to summary judgment to the statutory • Englewood City Ciouncll June 11, 200I Page3 lnt-t ol 8 percant Pit' annum, compounded annually, on lhe money wrongfully wtthheld . Someone Juat might want to look Into Monitory Interest, since H has been allowed In Col0111do for more than 100 yaara . Number 7 ... clea~y. Iha proposed dlspoaltlon of unclaimed funds to SSD (Iha 5"' WharaaI on page 1) Is contrary to CRS 38-13-101 -134 ... lhe Unclaimed Property Act . I IuggeIt that someone pay close attention to Iha requ lnsmr ,, and also lhe penallleI for non-compliance In CRS 38-13-127 . Someone might aJI0 wenl lo check•• to~ ether a Form B needs to be filed no laler than June 30"' of 1h 11 year . Number 8 ... 1 am vary dlaappolntad, In ligl of my lalka with Mr . Fonda, lhat there la 81 yet no detailed plan for Iha disbursement of funds, olhar lhan an obl. ,e reference to "dlabursement of funds In eccordance wllh the approved protocol" .. .ln 3(e). Haa anyone on Council any Idea Just what th is means? There 11 also the question of a plan for locating those due refunds , 1,ut have left the area . I am also curious 81 to whelhar Iha names of the payees over lhe years are available? Ate the Englewood UUIHl11 records complete? Number 9 ... can I be auured lhat lh81e SSD and SASD dlItrlcla have complied wilh CRS 29-601-604 mandating an annual audit by an Independent certified public accountant, CPA , licensed to r,ractlce In Colorado, and that I may obta in a copy of lhe audits for 2005? Number 10 ... should any of Iha attorneys be present lhat I have been told had approved this document...and now, In lhls la test vers ion, I can see lawyers "fingerprints· many times by the Involved utll,tles directors and olhera, all I can say la aheme on you . Number 11...I nsspectfully Impeach lhe Council not to approve th is ord inance In haste but to take lhe lr time and question as to whelher they have been presented with, not only a fa ir and equ ltable docloment, but one that meets the Intent of the law. He said lhank you for your kind attention . Mayor Wolosyn sa id lhank you for your time end as you know, th is Item Is on the Agenda and there mey be some discuss ion on It at lhat time . She sa id It Is 11 (a) (I) on the Agenda . Thank you . 8. Communication,, ProclamatlonI and Appo lntmant• There were no communications, proclamations or appointments . • 9. ConI1nt Agenda • (e) Approval of Ordinances on First Reading There were no add itional Items submitted for approval on fi rst read ing . (See Agenda Item 11 .) COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA IT EMS 9 (b) (I), (II), (Ill) and (Iv). (b) Approval of Ord lMnces on Second Read ing (I) ORDINANCE NO . 17, SERIES OF 2006 (COUNCIL BILL NO. 20 , INTRODUCED 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"' JUDICIAL DISTRICT . (II) ORDINANCE NO . 18, SERIES OF 2006 (COUNCIL BILL NO . 21 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMl="lT ENTITLED AGREEMENT REGARDING PROPERTY ACQUISITION AND CONSTRUCTION OF A '•:AINTENANCE TRAIL , BIG DRY CREEK, CITY OF ENGLEWOOD, BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE URBAN DRAINAGE AND THE FLOOD CONTROL DISTRICT • (Ill ) ORD INANCE NO. 19, SERIES OF 2008 (COUNCIL BILL NO . 22, INTRODUCED BY COUNCIL MEMBER WOODWARD) Englewood City Council June 19, 2008 P■gt4 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED AGREEMENT REGARDING DESIGN ANO CONSTRUCTION OF MAINTENANCE IMPROVEMENTS TO WEST HARVARD GULCH, CITY OF ENGLEWOOD , BET.V EEN THE CITY OF ENGLEWOOD, COLORADO ANO THE URBAN DRAINAGE ANO THE FLOOD CONTROL DISTRICT . (Iv) ORDINANCE NO . 20, SERIES OF 2006 (COUNCIL BILL NO . 23, INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL CONTRACT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT) ANO THE CITY OF ENGLEWOOD , COLORADO THAT PERTAINS TO FINANCIAL COMMITMENTS RELATED TO THE DESIGN ANO CONSTRUCTION OF "SOUTH BROADWAY STREETSCAPE-TUFTS TO BELLEVIEW" PROJECT STE M395-011, IN THE CITY OF ENGLEWOOD . Vote re ■ulta: Ayes : Nays : Absent : Motion carried . Council Members Barrentine, McCaslln , Moore, Wolosyn , Woodward , Tomasso None Council Member Oakley (c) Resolutions and Motions There were no resolut ions or motions submitted for approval. 10. Public Hearing Items No public hearing was scheduled before Council. 11 . Ordinance ■, Raaolutlon and Motions (a) Approval of Ordinances on First Rea:Jing (I) Director Fonda presented a recommendalion from the Utllltles Department to adopt a • • bill for an ordinance authorizing entering an Intergovernmental Agreement between the South Arapahoe Sanitation District, Southgate Sanitation District, and the City of Englewood pertaining to re imbursement of overcharged sanitation fees by South Arapahoe Sanitation District to the Southgate Sanitation District customers . He said , as II has already been mentioned, there was an error caused when some properties were put on-line, they were placed In the wrong district. This did not make any difference until the districts requ0sted that we start collecting money for them , usually as a percentage of our ch rges . We would collect them from all of their customers and then reimburse the district. .. those operating funds This happened In an area where the boundaries of the district were chang ing to allow gr3vlty flow and 82 errors occurred. We went back and went through and checked all of the addresses In that area and only came up w,lh thes e 82 . At that point , the two districts ... South Arapahoe Sanitation District, the one who we collected the extra money from and turned It over to them from Southgate customers . That board met and the attorneys worked out an agreement whereby the entire prlnclpol that was collected will be returned to all of the customers, with the Interest that South Arapahoe made on the money while they held It. This has been calculated by an accounting flrrn and our accountants have stated that those amounts are available . We were issued a check and we are now In a position to simply administer Iha repayment of the funds that South Arapahoe has agreed to reimburse , Southgate was a party to all of these discussions and has also approved th is arrangement. We are ready to make Iha reimbursements . The way we will make the reimbursements Is to mall notle~s to all of the affected customers and than we will have them make appointments , they will coma In and we will show them the way Iha Interest was calculated and will Issue a ctieck . For customers who are not currently at that address ... lhey've moved on ... we will send a notice to Iha last known address and we will also give legal notice In the newspapers. I lhl, 1k this Is a fair (> settlement and I thlrk It Is nt·W time to move forward with this , so we can start reimbu rsing , ,e customers . Mayor Wolosyn asked If there were any questions for Mr . Fonda . • • Engl-00<! City Councll June 19, 2008 Page5 Council Member Barrentine said how many home, were Involved In this? Mr. Fonda aald 82 . Ma . Barrentine said ware we the people who misidentified the billing? Mr. Fonda aald we were the ones who IOClll9d them In the wro.,~ dis~,. Ma . Berrentine aald okay and than we billed, collected and gave thl1 money ... Mr. Fonda said we bill and collect, for the dlstrlcta, their operating f••· But , Ma . B,.rrentlne said we are the on,s who misidentified thete people? Mr. Fonda aald yea . Ma . Barrentine said ol<ay, la any City money Involved or wn II IOCI In any µart of this transaction? Mr . Fonda said no. Ma. l!arrantlne said are we taking any money to udmlnlllar this reallocation of funds? You are dealing with 82 dlfferer.i people's accounts ... are Wd getting any money to do that administration piece? Mr . Fonda said no, we are •,ot and we believe that thla wnl not put much of a burden on our staff , Ms. Barrentine said okay . 11 there any r,,ason why the accounting pl-of lhls wouldn't be available to anybody? Mr. Fonda said we have put II together and we will be showing each customer, es they come In, how we calculated It. We will give them a copy of their particular calcule~un . So, ~ you coma in from an address In South Arapahoe ... when you come in we will give y:u a calculation sheet lhat shows you exactly how your principal and Interest was calculated. Ms. Barrentine said do you have any idea how much this adm inistering and dealing with these 82 accounts Is going to cost your department? Mr . Fonda said no , I haven 't estimated a cost. I would figure that ii would be fairly minimal , because we already have 110 amounts calcula o,d for each property. Ms . Barrentine said who pays for the accounting process to happer? Mr . Fonda said that was done by the South Arapahoe Dlstrlct. .. lhey simply submitted It to us and one of our accountants verified It. Ms . Barrentine said maybe I didn 't make II very clear, would there be any reason why that information wouldn't be available to somebody .. .like this genlleman ... prior to us voting on this? Mr . Fonda said ii is available . Ms . Barrentine said okay. Mr. Fonda said I believe ii has been shown to him . Ms . Barrentine said okay. Mayor Wolosyn said is that everjlhing Laurell? Ms . Ban-enline said yes for now . Council Member Moore said Mr. Fonda ... the reasons to move forward on this now is just to resolve this i,sue and disburse payment. Is there any otherreason why, for inslance ... we should just allow time for the Woler Board to make sure they have a cha .. ,ce to hear all these concerns and reaffirm the decision? Mr . Fonda said I have never seen the document Iha, Mr . Cassidy has produced, so I can't re,,.,ond, but II has been going on a long time and I think we would like to get the payments made back to the cus, ,mers. It was before the Water and Sewer Board and Mr. Cassidy did appear , although all of the issues he just recently brought up ton ight, wo had not heard . We responded to several of his suggestions by changing the document once already . Council Member Barrentine said what harm would there be if there was an additional period of time to address the concerns he brought up? Mr. Fonda said It would simply delay payment for possibly several months and we have been working on this for quite awhile . Council Member Barrentine said do you know If the City has any llabll lly for the piece that we played In misidentifying them? Mr . Fonda said I would have to leave that to Dan 's comment. . .! do not believe so . South Arapahoe was the one who decided what would be paid back and they are the ones who made the decision that ii would be principal plus the Interest they earned. We are merely administering the funds . Our ordinance probably won't change, unless the other two districts change and th is Is what they have Indicated that they will agree to. Council Member Barrentine said I guess my concern Is then, If we are getting In the middle and doing that middle-man piece of II , If we are In anyway subjugating somebody else 's rights to go ahead and deal v;llh that entity that overcharged them ... that Is kind of what I would like to know. If our getting involved In that is mak ing it Impossible for them to ••. Mr . Fonda said I think they were represented by their District. Th• Southgate District was a party to the contract.. .the District that they are a member of. Ms . Barrentine said out th is dealing In overpayment is an l11ua batwNn thosa two entltlH ... at this point wa w;,:e just a pass through. Mr . Fonda said that Is right and that 11 all we era In the contract . She said okay and nuw we are being a middle man to go ahead and do that when maybe this argument Is between those two, If they aren't settled yot...l'm just confused . City Attorney Brot.rr,an said much Ilka City Council, they have boards that have rapresentallvcs . They sat down and they have gon" over the agreements themselves . They have gone through !ills very same process whara the people that are In their District can come and talk to them . We are no 1 \s«lng that 11way. Thay have had that Englewood City Council Jun, 19, 2008 Pagel opportunity. They can go to their respective sanitation district and say, this la fair or thl1 11 not lair. Their repreaentatlvea vote on It, Just like City Council votes on behalf of the citizens of Englewood . Mayor Woloayn asked II there were any other questions . Council Member Woodward said I have one question that Is probably for Dan . This la something that Mr. Cassidy brought up and It haa to do with people that are not found and the unclaimed lunds ... wouldn 't that or why wouldn't Iha! be turned over lo the Slate as unclaimed funds ... like II somebody left money In a sale deposit box or something else?. Is Iha! up to the Districts? Mr . Fonda said In this agreement, I believe , II Is a year after we make the reimbursements, that II is lumed over lo the State . Mr . Woodward said okay . Mr. Fonda said that was one of Mr . Cassidy's suggestions that we incorporated, because he was correct on that Issue. Council Member Woodward said do you know where that is? City Attorney Brotzman said ii Is on page 3 of 5, No . 5: Termination and Reimbursement Program . Mr . Fonda read "The City shall turn over any remaining funds to the Slate of Colorado in accordance with provisions of Unclaimed Property Act ." Mr. Woodward sa id okay, so Iha! is addressed . Council Member Moore said I just wanted to confirm what I think Laurel! was asking , or a portion of II. .. we are Just facilitating the agreement between these other two entities . We have Iha! burden only because we are the administrator of the overall district. Director Fonda said yes . Mr. Moore said any rights, any disagreements with this agreement. .. our passing this does not stop someone's ability to fight It , or whatever, with their districts? City Attorney Brotzman said correct. Mr . Moore said if for some reason those districts wanted to bring this back • up, and make yet another adjustment, then we could go through this process again? Mr . Fonda said yes, if they • wanted to change it, we would certainly go along with that. But, Mr . Moore said, as of now, I feel like we are not really a direct party to this. City Attorney Brotzma n said that is correct. Mr . Moore said we need lo facilitate resolution and ii can still be an open matter if the constituents to those districts choose to make ii so ... we're not closing t11e door on that with this action, we are just carrying forward with the directions that, in essence, they are giving us . City Attorney Brotzman said correct. Mr . Fonda said if the two districts came at a later time and said we want to change this , we could certainly accommodate that. Mr. Moore said thank you . Council Membe r Barrentine said I guess the confusion and my concern is that since ii is listed as an intergovernmental agreement, that somehow we are committing that this satisfies this debt. City Attorney Brotzman said because the parties agreed to II. Whal they are saying is this is the proper transfer and ii is the proper Interest rate of the lransfer ... thal the two districts are actually agreeing thel that is true . The answer is could you pick a different interest rate, could you use 8 percent, which is statutory, without an agreement Interest rate? Absolutely. Council Member Barrentine said the agreement piece of il...we had nothing to do with it? City Attorney Brotzman said that is right , that Is the agreement between the two parties . Ms . Barrentine said we had nothing to do with the agreement piece of ii, so then the legal issues that have to do with whether they are entitled lo still collect those fees or not , are still open for people lo pursu e with their individual districts? Mr. Brotzman said correct. Ms . Barrentine said okay, so we are just facililallng this . We have not negotiated anything ... we are not locking anybody Into any agreemenl...we are Just taking the money and giving II back? Mr . Brotzman said correct. Ms . Barrentine said and doing the work to deal with 82 ~:lferent accounts? Mr . Brotzman said right. Ms . Barrentine said okay . Mayor Wolosyn said Is it correct to say that our part of this agreement is the fact that we are the pass-thru person? Mr . Brotzman said yes, we are the pass-thru and that Is why we are doing this . Ms. Wolosyn said and we are agreeing lo enable II. Mr. Brotzman said that la right , we are the billing agents, so that Is why we are doing It . Mayor Wolosyn asked If there was any other discussion or questions . There was none . • • • • Inglewood City Council June 11, 2008 Page7 COUNCIL MIMIIII WOODWARD MOVID, AND IT WM IICONDID, TO APPIIOVI AOl!NDA ITIM 11 (a) (I)· COUNCIL IILL NO. 7. COUNCIL BILL NO . 7, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING ENTERING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE SOUTH ARAPAHOE SANITATION DISTRICT, SOUTHGATE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD PERTAINING TO REIMBURSEMENT OF OVER CHARGED SANITATION FEES BY SOUTH ARAPAHOE SANITATION DISTRICT TO THE SOUTHGATE SANITATION DISTRICT CUSTOMERS. Mayor Wolosyn asked If there was any more discussion . City Attorney Brotzman said since there Is actually an open records request contained In this documer,t ... Councll ls aware that there were no meetings on this agreement. There was no Executive Sass lon. There are no closed meetings that Council had regarding the subject, or with the Water Board. I don't know what happened at the sanitation district meetings . I don 't know how they conduct their meetings , but with our Water Board and the City Council , obviously you have never met on this Issue In Executive Session . Council Member Barrentine said and there Is no meeting that wouldn 't be available to him that Englewood has held on this Issue . Mr . Brotzman sa id that Is correct. Ms . Barrentine said okay. Vote raaulta: Motion carried . Ayes : Nays : Absent: Council Members Barrentine , McCaslln , Moore, Wolosyn, Woodward , Tomasso None Council Member Oakley (b) Approval of Ordinances on Second Reading (I) Council BIii No . 16, as amended , updating Section '/-1A-4 of the Englewood Mun icipal Code 2000 pertaining to the number of animals maintained st a household ,>r premises was considered . Mayor Wolosyn said we discussed this last week. This Is a bill to change the mix of animals from two dogs and two cats for a total of four to ... keeping the total of four , but chang ing the maximum of either type of animal to three . COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (t) • ORDINANCE NO . 21, SERIES OF 2006. ORDINANCE NO. 21 , SERIES OF 2006 (COUNCIL BILL NO . 16, INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE AMENDING TITLE 7, CHAPTER 1A, SECTION 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO THE NUMBER OF ANIMALS MAINTAINED AT A HOUSEHOLD OR PREMISES . Mayor Wolosyn asked If tJ,ere was any discussion . Council Member l'oo,auo said I will be voting no on this . I believe that there are dog owners that are very responsible , there are Individuals that are very responsible , lhere era dogs lt,at have more opportunities than other dogs by going to doggle day cere and off~lll'ah parks, yet there are d•,gs that remain In their yards 24 hours a day ... they bark at anything that moves. If an owner 11 allowed two doga that have such actlvttles, th era Is nothing stopping th11m from having three dogs . There ere dog owners that walk their dogs end pick up and there are dog ownen that walk the ir dogs and doni pick up . I think If you allow more than two animals, you sra compounding the problems you have with the bad dog owners. So, I will be voting no against this. Englewood City Councll June 11, 2008 Pagel Mayor Wolosyn asked W there was any other discussion . Council Member McCaslln said but we are actually allowing four pets . You can have two dog1 right now and two cats , correct? So you can actually have four pets In your hou1ehold . What we are doing 11 Ju1t changing It to three to one . Council Mambar Ba1rentlne said I will ba voting yes for lhls and Iha reason for that Is that I am for private property rights and I am not willing to punish tha majority ... the vast majority ... of people In this community who are considerate neighbors and good citizens for the few people who have a problem. I think this Is a good compromise for people who find themselves In a variety of sltuallons and I believe that It Is reasoneble lo vole for this . Mayor Wolosyn asked If there was any other discussion . There was none . Voter11ult1: Motion carried . Ayes: Nays : Absent: Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward Council Member T or:iasso Council Member Oakley (ii) Council Bill No . 19, approving the South Pennsylvania Street Senior Housing Planned Unit Development (PUD) located at South Pennsylvania Street and Highway 285 in the City of Englewood was cons idered . • Mayor Wolosyn said we had a Public Hearing on this last mealing , so if anybody needs an y more discussion, • Ms . Langon is hara to respond . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (II) -ORDINANCE NO. 22, SERIES OF 2006 , ORDINANCE NO . 22, SERIES OF 2006 (COUNCIL BILL NO . 19, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE APPROVING THE SOUTH PENNSYLVANIA STREET SENIOR HOUSING PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT SOUTH PENNSYLVANIA STREET AND HIGHWAY 285 , IN THE CITY OF ENGLEWOOD, COLORADO . Mayor Wolosyn asked if there was any discussion . There was none . Vote r11ults: Ayes : Nays : Absent: Mallon carried . Council Members Barrentine, Mccaslin , Moore, Wolosyn, Woodward, Tomasso None Council Member Oakley (c) Resolullons and Mollons There ware no resolutions or mollo11s submitted for approval. 12 . General Dl1cu11lon (a) Mayofs Choice (i) Mayor Wolosyn said just a little update . Kan Fellman , Mayor of Arvada, came and spoke to us about H.R. 5252 , C.ommunlcallons , Opl'Qrtunlty, Promollon , and Enhancement Act of 2006 . As you • • • • Englewood City Council Jun• 11, 2001 Pegel know we 11nl In I letter oppoIlng It. The HouI1 voted end it p111ed with en overwhelming majority, but really thlI 111 non-pertlaen l11u1. In the Colorado Delegation, only two people voted 1g1lnIt It end thoae were Diana DeGette end Torn T■ncredo, 10 go figure . Bui I think lhal both of them really d111rv1 our commendation for realizing thet the long term goal 11 to open up competition, the cities reelly aren 't turning away competition .. .In fact, they are Inviting telecommunlcatlon comp1nl11 to make agreements w!th us ... wilh all m11nlclpalltlaI . And the other thing la that by moving this up to the Federal level , some of the las • 11 Ken explained to us ... really we're taking away the right of our citizens to just come to us end complain If ,11 lelecommunlcatlon company puts the lower In a place they don 'I want It. .. they have to go to Waahlngton . The Senate apparently has a friendlier , more amenable bill and we should keep an eye on that. (Ii) Mayor Wolosyn said we have a motion lo reschedule tha July 17, 2006 Cily Counc il meeting lo July 24, 2006 . We are being asked to do th is because of the Sheridan Project and the way it is slacking up . We originally scheduled our July 3"' meeting, moved It to the 10" and then we were scheduled to have our meetings back to back with that. With the publication rules , we need two weeks between the meetings, so we need to change thal meeting on the 17" to the 24" to accommodate that. COUNCIL MEMBER McCASLIN MOVED, AND IT WAS SECONDED, TO RESCHEDULE THE JULY 17, 2006 CITY COUNCIL MEETING TO JULY 24, 2006 . Vote r11ultI: Motion carried . Ayes : Nays: Absent: Council Members Barrentine, Mccaslin , Moore, Wolosyn , Woodward , Tomasso None Council Member Oakley (iii) Mayor Wolosyn said I have one other thing lhal I would like lo ask Council's support on . The National Brownfields Association conlacled me and lhey are slartlng a Colorado chapler. I think lhal ii is a one-time lhing ... l don'l lhink ii is annual, the way lhey spoke ... lhere is a one-time fee of $200.00 for us lo join and I lhink thal since we are a City lhat has Brownfields , thal ii would be a great conduit for us lo gel information, as we move lowar~ more redevelopmenl and help ing olher people redevelop In our lown . Council Member Woodward said I would agree wilh lhal , especially real izi ng lhal we were one of lhe firsl to gel a Brownfield loan for lhe Brenl Mayne Field al Cenlennial Park . So , I lhink lhal could be money well spenl. Mayor Wolosyn asked for a consensus or if lhere were any objeclions . There were none . (iv) Mayor Wol~syn sa id I am going lo a family reunion on Iha 24th• I am leaving on Wednesday . Jim will be chairing the meeting ... we are hav ing an Executive Session/Sludy Session next week . Jim will be chairing ii, bul I will be on Iha phone , as I believe John will. We will be partic ipating , bul I can 't chair a meeting from a phone. (b) Council Members' Choice (i) Council Member Barrentine : 1. She said on Monday Positive ly Englewood had lhb:, golf loumamenl. I appreci·,le Iha participallon on the part of the people from Iha Clly. We had a very nice evenl and raised some money for Iha Recreation Cenler for scholarship programs for kids . It was a nir,e day and it was well run . They did a beauliful job . 2. She said , on lhe same note, I wanted to recognize something lhel Po slllvely Englewood has been involved with ... and Cornmunlly Developmenl'a effort ... on the Englewood Days and Merchanls' Car Show that they are planning for Saplember 9" ... they keep adding people . Also, lhe Englewood Chamber of Commerce's Tasia of Englewood . So we've gol a lot of entitles trying lo come tog,ither end do a nice event and I really appreclale thal. I realize thal It Is some additional work. Englewood City Council June 11, 2008 P1g110 3. She 111d alao Iha work on the part or Community Development to really try and explore, and bring to Council mora proactlvely, a lot mora dlveraa and craatlva waya that we can try to bring In lnveatmant. .. bolh In raaldentlll and commerclal property and I appreciate lh ■t. II !Ikea ■ lot of extra work to try end run tho1 ■ Instead of being reactlve. 4. She 111d I had a convaraatlon with Counly Commlaaloner Su11n Backman and I know that some of the cities are part icipating 11 the Arapahoe County Fair. I Juat wanted to gat some lnlonmatlon on whether we ware doing anything with that or how we might bl able to partlclpale W we do decide to. (II) Council Member McCaslln said I talked to Susan McDonnell, Victim and Wltna11 Services Coordinator and Police Officer Nancy Paterson and they lnfonmed me about some of Iha things that we can do lo help people that are Indigent or Ill or whatever as far as help ing them keep their houses ... and keep them up lo Code . So I appraclele lhalr Input and Just wanted to thank tham personally. (Ill) Council Member Woodward : 1. He said I am going up lo Brackenridge for the CML Conference tonight, which will go on for Iha rest of the week. 2. He said I also participated In the Relay for Life over at the Englewood High School on Friday night lo Saturday morning . I thought that was pretty successful and I think lhey certainly appreciate the City's support. Safety Services had a tent over there and had some th ings that they were doing with the firemen with the kids . think that made for a successful event. .. In spite of the ra in. Mayor Wolosyn said I was there al the beginning In the rain. It was a nice event. Mayor Wolosyn said I learned al the end of last week that a couple members of our Safely Services Department are ill and on Iha mend, I hope ... John Collins and Jir.1 Ulrich . I would just Ilka to send them our best...l am going lo send lhem a cerd ... but tell them we are thinking about them and miss them . I actually had wondered where John was lately. I wa s dismayed . 13. City Manager', Report City Manager Sears said there were a couple of items scheduled for the Study Session that I would like lo go back lo if we could . (a) City Manager Sears said first of all I just wanted to mention to Council again ... lhal ICMA is actually paying the air fare for me lo go to Germany . II will happen July 12th through July 28'". Mike Flaherty will be here during that time . You can never pick the right time lo go, as there Is loo much going on . (b) City Manager Sears said one of Iha things I want to ask Council aboul...and I provided a lot of informalion .. .is the potential of establishing e Sister City relationsh ip. There is a proclamation for Council lo consider that on July 10"'. We Just ask your support for that. I can deliver that to the City Council in Balm , Genmany and perhaps try to establish a Sister City relationship, If the Council thinks that Is a pos itive thing to do . Mayor Wolosyn said I am very amenable to that and If olher people In CoJncil agree , we can request lhat. Once again , we just need a consensus for a proclamation . Councll Member Barrentine said I appreciated lhe lnfonmation you provided, thank you very much . Council concurred and will consider Iha proclamation on July 10"'. {c) City Manager Sears asked Ben Greene lo dlscu11 Iha fire ban . Fire Marshall Greene said the last time I brought this to you was , I balleve, In 2002 ... tha Hayman Fire . And fire conditions now, as I understand lhem , are much mora severe than whal lhay ware during Iha Hayman fira . I raaliza lhal we are ·,y much an urban community , yet I am very concerned about the proliferation we have • • • • • • En111-ooc1 C.lty Council June 11, 2001 Page 11 righl now of fire pill end olher types of open burning that are go ing on In people's back yard ■. With things ea dry u they 11re ... evrp In an urba~ environment like thla ... our areaa are still very dry . Thia tag, along with what Arapahoe and the Cll)I of Cen.ennlal have done . I've talked wtth other fire marshals thet ere also pushing for fire ban, In their cltle1 . Pert of this Includes the fireworks, which ara already banned In our Cll)I, but I think this reemph■1lze1 the Importance of watching for those fire lasuea . We have had about a half a dozon lncldentl where ebout the only thing that we have when we have a fire pit that la out of control, or a neighbor complaining about odora comlr,g '.rom I flra pit, Is specifically the obnox ious odors . We don't have anything In the Municipal Code or In the Fire Code lhal actually bans these types of fires. So the only thing we can do Is go off complaint and ff It la an obnoxious odor, then we can have them exllngulah It. So , we are getting ready to adopt a new fire code ... probably In the latter part of!he summer or first part offall ... al which time we will address it. Bui until then, I would Ilka lo put the fire ban in place to specifically address ail these issues now. They will probably be lifted if we ever get some rain or snow, wh lr;l1 I'm hoping we get within the next three months ... but for right now, I would Ilka to put the ban In place . He said I am here lo address any questions or concerns. Mayor Wolosyn sa id Is that your prerogative or do you need our approval? Mr. Greene said Council 's approval is not required . Mayor Wolosyn asked if there was any dis cussion . Council Member Moore sa id just lo conflrm ... wilh the fire pits or chimlneas ... one of those covers isn't adequate to exempt ii from th is ban , Is that correct? Mr . Greene said that Is correct, it is not. Part of the issues that we have had Is we went on a fire pit call ... l lhlnk It was a week ago ... 11 was 3 o'clock In the morn ing and II was going al a fa l~y good cli p, with nobody around . And It was In one of those that were enclosed ... wilh the grate that is all enclosed ... and ii was still a potential issue . And, right now those fire pits are becoming so popular . I mean you can walk Into Wal -Mart and ,,uy one ... but there is still a potential of sparks and flames coming out of those . Council Member Mccaslin said I have a quest ion. If you have a barbecue and you use charcoal , is that still Illegal? Mr . Greene said what wa are looking for is no flames , so if you usa charcoal and were actually grilling someth ing , II would probably be approve d. Bui what I am looking al is the open fires where you actually have a fire going ... actually having flames licking out. Because people are us ing these as a recreational fire and bas ically it is a bonfire in their back yard. Mr . McCgslin sa id okay. Council Member Barrentine said you haven '\ seen my son roast marshmallows ... it definite ly is an open flame. He likes them pretty charred up . So , how much would th is affect people just do ing barbecuing ? Mr . Greene said barbecuing is not a problem , because most lik ely the) are not using an open flame ... they are using a briquette or they are us in g a propane fire or somet hi ng like that. That wouldn 't be a problem . The ones I'm looking at are the larger flre pits , where the y are ai;,!ually burning wood or th ings li ke \hat, that are creating a large flame . Ms . Barrentine said okay . Council Member Woodward said but a pig in a pit, probably no? Mr . Greene said probably no. Mr . Woodward sa id okay ... especially given the picture that Mike gave us during Study Sess ion, and how it has changed in one week , as far as the fire danger throughout the west, boy , I arr sure supportiv e of a fire ban . Council Member Moore sa id I told Ben before the meeting that when I told my wife that the ch lmineas is on the 11st, she wasn't very happy but since I am torrn iim ited , and I don't need her vote, (there was laughter] I will consent to his wise judgment. Thank you . Council Member Barrentine said regard ing the flre ban ... thls isn't an ordinance against those things? Council Member Moore s.,1<1 until the danger s~bsides . Council Member Mccaslin said this is just temporary. Mayor Wolosyn said thank you Ben . {d) City Manager Seats said I have boen worki ng with Chris to maybe do some Improvements In some of the commun ications with Safety Se,vices . Th•re Is a lot th a' Council has on th eir Agenda , there are a lot of Issues that you are looking at , but there are some critical Issues that are comia g up ... especially as they Englewood City Council June 19, 2001 Page 12 relate to the Fecllltle1 MIiler Plan Study and the Acctedltatlon Reoort . Both are very Important and It Is dllflcull, with wh~re the Safety Services 11 located and the number of personnel that they have , to really maintain the beat communication with th, Council . But I have alked Chris to be perhaps a little bit proactive In some of his approach to things , so he hll put together a couple of ltoms Just for consideration by Council tonight. It Is more Informational than anything else . Safety Services Director Olson sa id we were going to 1:over this obviously In our last seHlon, so I handed out the document we h&ve there and without getting Into too much detail, we ~re gGlng tr try to como up with a little more u1eable torr 11, where we can get information out to you as to what Is happening over In Safety Services . If there have bfft. 11ues In the past where we failed to do that, then you can put the blame on us . We just did not get the Information out that I think, In many ways, we assumed you were rece iving . But wa are going to try to create a regular format. We will use this for . at laast , the major Issues that are occurring . You will get some updates that you can be comfortable with . I've got four of them here . One of them, of course, Is the Police Division Accreditation. The assessors were here . As far as we know, verbally and lnfonmally ... we did very well on performance . The formal accreditation will not be approved until Iha Chiefs of Police Board meets In August , but we are going to have a captais who is one of the assessors ... he Is from Boulder ... he will be here on July 19th to answer your questions and kind of give a general overview of what the process is all about. Right now it looks like we are going to be very successful In achloving the accreditation that we were looking for . The next Item up Is the Safety Services Facilities Master Plan Study . Basically, this has been very Informal up to this point , we have received six RFQ's ... Request for Qualiflcatlons ... they are not formal bids . They are just to see who Is out there that might be Interested in doing a study with us . So we will keep Council advised as to where the Plan Is going, what the timeline is going to be and after we look at all of these , to see what kind of a bid process we are going to go ahead with or the Master Plan Study Itself, if that Is approved. Next item up Is Safety Services Informational Communications Plan . We have talked about that a little bit already . One of the items that we ,ire go in g to try to do aga in is how do we get citizens involved, how do we get Council Involved, how do we gei people to understand more of what Safety Services does and not to feel that we are some sort of a closed environment over there where you can 't be part of what our processes are . There are several National Plans right now in place . One ts called Volunteers and Police Services and the other one Is called Fire Core . We actuall y get volunteers to come into your organization and assist with many processes , that possibly, right now, we are paying other people to do , but we look at this as an add-on to our current services . Also, with the Sheridan Development moving ahead and , of cou rse, with the Issue that occurred last week with that drum that , theoretically, was a potential explosive issue, we realize that we are going to have to start working with Sheridan Safety Services much mo re closely . So , we are going to be working on developiog an Emergency Response Plan with them, because we know we are going to be called in for a variety of t11ings that we expect are going to be showing up over there during the mitigation phase . We will keep you apprlst1d of that as well. And than finally, the Fire Division Apparatus Replacement Process . We have two ve~icles that we need to replace. Our Committee, within the Fire Division, worked very hard to come up with a reasonable alternative to replace our current equipment. We will keep you Informed of that. We met with the City Manager and several other department heads today , to at least start moving ahead with the process . We will keep you Informed when we get to the bid stage ... when we move beyond that as to where we are going to go with it, how we are going to finance It and so on . It is also how ii affects our ISO rating and a couple of other issues as well. At least , initially, those are some of the main items that we are working on over there . This memorandum will be expanded as we go along and we will give you updates ... slmllar to what Public Works does right now, on a lot of their project oriented things that are going on . At least that is what I was going to discuss with you and t think unless there are other questions, that is what we are toJ;;,g to cover . Mayor Wolosyn said I would love to have a copy of the scope of the RFO, you know when you put it out was there a scope of the services required? Director Olson sa id apparently we use wha t Is called BidNet. Currently, the City will put It out and we will get it. I haven 't seen It actually , but It Is whatever documentation they put on to the web site that goes out there and then anybody can access that and then submit their RFO's and thot Is apparently how wa got the six back on In. So, we will gal that from Don Clarke who actually kind of coordinates that process for us . Mayor Wolosyn said I would like to see what we are asking for, because that eventually may pan out as a bc,nd issue . Director Olson said exactly , we can do that. • • • • • • Englewood City Councli June 18, 200t Page 13 Mayor Wolo1yn 11ked W anybody et1e h1v1 1ny qu11tlon1 . Council Member B1rranlln1 nld I 1ppracl1te your wanting to communlctte a 11111• bit with Sheridan on tho1e tll ing1 . Maybe they don't htva I nlct 1lgn with • logo like we do , but when they talk about blowing 1omathlng .ip In Sheridan and they are showing our llght rail 1tatlon ... l actually had somebody call me and aak why era they going to blow up 1omeU1lng at the llght ·1ll 1tatlon? I think we've got a really nlct 1lgn with that logo and It 11 very 1ltrlctlv1. So, meybe when they do thet development, they will want to have 1ome:~lng that ••ya Sherld ■n ... 10 they can ahow a Sheridan algn , Director Olaon a ■ld we will work with Sheridan on that. Sh~ aald I'd apprec iate that. .. my concem 11 when they are 1howlng the light rail station and talking about blowing something up. I wH actually 1urprl1ed that somebody called me; It wea only one person, but none the less . I appreciate this kind of lnfonmatlon coming too about the thing ■ that are going on. Mr. Olaon aald It will be expanded out to as much as we can get to you. Juat •• a aide note , that Incident with the barral ... we went through a major process of trying to contain that. It turned out , enentlally, to be a non-event from what I understand . So , when they finally blew It, baslctily all they got was a stream of water blasting on up Into the roof of that building over there . II turned out to be okay, finally, but we think there are going to be other lnues. We are going to be more on top of ... by working with Sheridan to make sure that It ls very cooperative with what happens. Ms . Barrentine aald I told them I would wait 10 mlnutaa and W It was raail ~ something In Englewood blowing up that I would probably hear from you and I would cail them back . Since I didn 't hear from you , I was pretty sure that Englewood wasn 't blown up . Mr. Olson aald that 11 right, thank you . Mayor Wolosyn asked if there were any other questions or comments . Council Member Woodward said I was just curious about the two larg11r pieces of fire apparatua ... ls one of those a hook end ladder truck? Director Olson said one la a ladder truck that we have had now for about 15 plus years and ii has just reached the end of Its service Ille and II la coating ua more to kffp It here end mainta in II then It Is to turn It over end get something more uaable . Whal we are looking at right now la lease arrangements on these apparatus, es opposed to an out-rlQhl purchaae, which we did with that ladder truck several years ago ... something that is much mor e cost effective for the City . Council Member Mccaslin said can I ask e question on that Police Division Accreditatlon ... tell rne what that Is . Whal does that give us? Director Olson said whet the accreditation procen does ... this Is the Stele Accreditation process of the Chiefs of Police Association of Colorado end you can apply for II. You don't have to do ii, but you have to go through the process where you have aaaenora that come on out , that are assigned to your jurisdiction and they go through everything . They go through our Procedures Manuel and the manual, that vcu received, was the result of about three years of work to bring that manual toe point where we could go out ,:a d apply for accreditation . So, you go through that, than they come out and do an on -site assessment lo look al your facllllles, how you run the place end so on . They go beck and file their report, submit II to the Board of Directors of the Chiefs of Police Association for either approval or denial. Than after that, If we get approved . we will hew, a formal presentation here . II la very nice to have, 10 a lot of departments really strive to get accredited to show that somebody else from the outside Is coming In to look at how you operate ... how you d•, things . Mr. Mccaslin said thank you . Mayor Wolosyn asl,ed if there were any other comments . There were none . Mayor Wolosyn said thank you very much Chris . We look forward to future things like thla ... It helps to stimulate dialog. Thank you . (a) City Manager Sears said I just wanted to tell Council that we did have• very good HHlon with Wlpeout Graffiti. We had about seven or eight people from our staff that actually met with then people. Thay were very Informative and very helpful , especially on surrounding jurl1dlctlon1 . They actually do have• good product . We will be bringing that beck as part of a report on July 10~ when we talk about graffiti removal . So we did follow up on that. (I) City Manager Seara aald I will be at Iha CML Conference with Dan end the Council members for the next several deya . Mike will be here , but be gone on Friday . Jerrell will be In charge of Iha City on Friday . Englewood City Council June 11, 200I Pll,l• 14 Council Member Barrer.tine .. Id I am IOIT'f, originally I Intended to go, but unft.1un1tely the altuatlon et work changed ao I waan't able to ... meybe next year I wlll be able to go . 14 . City Altom1y'1 Report (a) City Attorney Brotzman 11ld I wlll be at CML . Nancy Reid wlll be here and Duggen wlll be proncuUng. 15. AdJoumm ■nt SYN MOVED TO ADJOURN . The meeting adjourned at 8:33 p.m. • •