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HomeMy WebLinkAbout2004-03-01 (Regular) Meeting Minutes• • I. Coll t,· Order ENGLEWOOD CITY COUNC IL ENG LEWOOD , ARAPAHOE COUNTY, COLORADO Regular Session Morch I, 2004 The regular meclin f of 1hc Englewood City Counci l was ca ll ed to order by Mayor Garrett at 7:3 1 p.m. Mayor Garren said ilftcr the invocation we will have a moment of silence . Unfortunately, we have had three long time reside nts of the comm un ity pass away in the las t week or so ... Ruth Steel and Dr. & Mrs . Milligan . 2. Invocation The in\'ocation was given by Council Member Barrentine . ..... There wast -;nt of si lenc e for Ruth Steel .1nd Dr . & Mrs. Milligan . 3. Pledge of Alleglance The Pledge of Allegiance was led by Mayor 'larrcu . 4. Present: Absent: A quorum was present. Council Members Tomasso, Moore, Barrentine, Garrett, Bradshaw . Wolosy n, Yurchick None Also prescnl: Cit y Ma nager Scars 5. Minutes City Attorney Brotzman A'l>'istant City Manager Flaherty City Clerk Ellis Director Olson, Safety Services Court Admini strator Wolfe Municip3l Jud ge Atenci o Director Ross, Public Works Manager of Open Space Lee , P3rks and Rec reation Lieutenant Co llins. Safety Services Manager Stowe, Wastew ate r Treatment Plant Operations Divi sion Manager Tallent. Wa stewater Trea1men1 Plant (a) COUNCIL MEMBER WOLOSYN MOVED, >.ND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 17, 2004 . • M:lyor Garrett asked if 1here were an y comments or di sc ussio n. Th ere were none . Vote results: Engh.•woo d Cil)' Co un d l ~l11rd1 I. 100-1 Pu gc 2 Na ys: ~l0 111m ea rned . 6. Sc heduled Vis it o rs Coun1.:1I r-.kmbr.:r s Ba m.:ntinr.:. t\lnon.:. Bra J .~h.t w, Garrell. \V ulo:-.y n. Yu n:h1d . Toma ~:-.11 (a) 13ill Clay1o n. 958 Ea st Cornel l. :,aid I am hr.:rr.: this c vcm ng wi th snmc tA her fo lk s rr.:prc scnting th e 1-lcmse of Hope Homeless Shcl1er. I c:111·1 help but ob:,en c as I ,~as dri ving dmvn here ton ight , it is kin d of chilly. we still ha ve winier and when the evening ends. we will all go hume. My Da<l wa s a rea lt or :ind I reme mber the Board of Realt ors alwa ys told America 1ha1 th e American dream was homl! owners hi p. And I think it is. bu1 fo r so me of th e fo lks in our co untr y, the dream is not homeownership , it is ti nd ing a p!a1.:e th at is wa rm to sleep at night. So. one of the reasons we arc he re ton ight is we wan1 IO ce lebrate 1hc fa ct th a. for 1hrcc years. 1hc House of Hope Homekss She lt er in Englewood has bee n ope n nnd pro "idin g. ma ybe not the Americ an Dream. but th e dream of ~1 safe , sec ure shdtcr for wome n and child re n who are wo rkin g tow ards beco min g self sufficie nt. I th ink we ca n all be very proud or thi s. Th is wo ul d not have ha ppe ned wit hout the ass istance fro m the City or Engle wood, so yo u ca n be ve ry proud and so ca n th e res t of the citizens of Englewood . We are celebrating 1hesc three yea rs a nd we arc exc i1 ed to be here to ju st than k yo u for you r treme ndous support... fo r the Cit y Cl f Engle wood's treme nd ous support . As one of the orig in al co ll aborative gro up s that got togeth er in a grnss roots effor t and founded the We stern Arapahoe Co unt y Homeless Alliance . it is exci ting 10 be here. And so. I am going to turn tt:is ove r 10 Tma Podolak who is th e Preside nt of th e Wc s1ern Arapa hoe Co unt y Hom el ess Alli ance. T ina Podolak sa id th ank yo u for giv in g us a few minute s. Some or you arc ve ry fami lia r wi th the !-fou sc or Hope, so me of yo u arc not. I ha ve drar1ed a lett er that I shared wi th Mr. Sears. We wo uld like to 1..se th e sup pc~: • th :11 yo u have give n 1hc Ho use or Hope ove r the years and take that 10 th e oth er muni cip alities in Arapah oe • Co unty and ask for th ei r support . Ju st becau se the House or Hope is situ.li ed in Eng lewood does n't mean 1hat ii is j ust an Er.g lcwood responsibilit y or an Englewood prob lem. II is an Arapahoe Cou nt y homeless iss ue . We wou ld like to se c th e other muni cipa lit ies support it as we ll. So, we arc asking yo u, bet·ause yo u have done so mu ch fo r us, to sort of hdp give us that introduction . We will do !h e work . We will go mee t with them and give th em s1a1 is 1ics and talk wit h th em. but we do need your help in maybe ope nin g that doo r a litt le bit. We are hc1c 10 ask you if yo u wo uld be willin g 10 do that. Th en I wo ul d lik e 10 also just take a few minu 1cs a nd tell yo u th at three yea rs ago. when we opened up 1he Mouse or Hupe. we looked a1 severa l orga ni z:1 1ions to nm it. .. Sa lvation Arm y, Cat holi c Charities. Co lorado Coa li tio n fo r the Homl'icss and Famil y Tree . We !i elcc led the orga niz:,tion cJ lted Fam il y Tree . bec au se we though t th ei r phi loso phy wa ;; the mos t ali gned with our s and 1hat is 1rying lo bui ld self suffi cient fanulie s. givin g peop le th e re !l 1urccs and 100 1s the y needed 10 be success fu l :rnd to mo"c fr om a home less po~itio n 11110 a more stab le t.:n\P ironmcnt fo r th eir children and th ei r fomi lir.:s . I wa n1 ed to take :1 second mni ght an d j ust i111 rodu cc yo u to the Fa mil y Tree leaders. because our hLpe is th at lh cy will be transit io nin g int o 1hc program and tak in g fu ll re sponsibili ty fo r it. The We ste rn Arapahoe Coun t)' l-l ome lc,s All iance Board is a vo lunteer gro up. No ne of us work for the orga niz:,1ion. \\.1 :. have no paid stuff. I wan l to introdui.:e Ru th Ann Ru ssell :tnd Don Mosele y. Ruth Ann Rus~c ll said hell o and 1hank you for lis 1enin g tu us thi :-. c,·c n1 ng and again th :111k you fo r all your support. I am th e Prcsiden l ,.,f Fam il y Tree . ii is a no1 ~for-proli 1 1ha1 ha s been in business for 17 yea rs. We speciali ze in ser vice s 10 familie ~ in i.:ri sis. We run ;1 battered women's shelt i:r . a yo uth shelter and we ha ,c :1 homele ss ne ss pro gram wherl! we he lp 600 familie s a yea r find housing a nd \\I! ha \'c a co unselin g program for VKl1 ms of divorce, Sl"para11011 and domt::st1c violence . \Ve an: exci 1cd about pro viding ,crviccs in Englewood and Arapa hoe . T hi s 1s th e fi rst time we have had a pro gram si le l!x isti ng rig.hi here :ind we :ue ti ndin g it ve ry warm. ver y wclt.:omi ng and we arc cxci 1ed 10 be 1111h1 s partner:,l u p. We want 10 tell yo u a story about a House of Hope re ,1dcnt. Do n Mos dey sa id I wan t to 1h:111k you for ha vi ng me here to ni ght and than k the Cit y for all 1hc !i upport it has given !he Huuse of I-l ope. I wi ll g1,·e yo u a co uple nr quick :,1a1s. LIM y!!:ir we ~cncd :!02 women an d ch ildren • at thc Hu u:,e nf Hope who wen:.· hnrndc:-i:. .in d ca me 11> o ur prntr:101 . Th !! :i ,·l!ragc .1gc ,i f women who ,ame tlm mg h ... 5Y~ o f the wome n were hctwl!\!11 J(J and -15, the ne.xt large~t pert·c nta gc wa:, ~(, 1n J5 . h1 1t we ha \'e had • • • Eng lewood City Co un cil March I , 2004 Page J wo men as old as 65 who were gran.imothcrs lakin g care of 1heir gra ndc.-h il dren that h::id ended up homel ess. We have h:1d moms as young as 18 in the shel1er . The one thin g is 1ha 110 co me int o th e she lt er yo u have 10 be a wo man and yo u ha ve 10 h:i.•e child re n. So eve ryo ne who comes inl o th e Hou se of Hope is a fami ly. The s1a1i stic s give yo u a so n of broa d ran ge of who we see, bu 1 I wanted to te ll yo u a co upl e of storie s about so me of the wo men who have co me th ro ugh the House of Hope . and a linl e bi t abo ut what we try to ge t Lh em to do while the y are the re. T hi s wo man we wi ll ca ll Bett y. She had been homele ss since June of 2003 and she had co me out of a very seve re domestic viole nce si1u u1ion. Her hu sb and had lit erally kept her loc ked in an apartm ent fo r abou t two yea rs, not all owi ng her to go out unless he went out with her . That wa s bad enough. bu t she had two children, her old es t wa s in 5th grade and doin g rea ll y. ac tua ll y prett y well co nsid ering every thing el se go in g on. li er yo unges t was three years old . She was 90% blind , she was un ab le 10 wa lk or talk and hnd a seve re hea rin g imp airme nt. She couldn't even take her dau ght er out 10 th e hos pital or doc tor wi thout her hu sband acco mpa nyi ng her . He wo uldn 't all ow it. She fin all y was able 10 get out an J ge t 10 the police . She go t a restraining order and ended up filin g fo r di vo rce . That is when she en ded up co min g into !h e House of Hope. Her you nges t daughter didn 't have a wheelc hai r, so she used a stroll er and ba sicall y carried her up stairs to ge t her in and out. Her old es t daughter he lped a lot to try 10 take care of he r. Bell y had an 8th grade educat ion. She rea ll y didn't have any job skills beca use, agai n. she had sort of bee n not all owed to work . We helped her find daycare fo r her three year old so she co uld work. We started ~elping her loo k for housing nnd helped her go bac k to get her GED . Thi s way she co uld ge t a hi gh sc hoo l cUt 1ca tion and she wouldn't be in the situati on where she co uld onl y kc work th at so meone withou1 a hi gh sc h 1 ,1;:grec needed . And . he sa id , an interes1ing thing hap pened . At the sa me ti me , we had a private donor come tr,,. ·e Hf')USC of Hope who wa nled to do so mething for one of the wo men here . He said I want to spo nso r may!,i-.. ,me kind of sc holarship program. We said what we need is at Family Tre e we ha ve ano1 hcr progra m wher,• -· , an give case management to women for two years in apartment s and he lp them fin d jobs, kee p things go 1r,c, beca use th e reaso n pe ople end up back homele ss is not just because the y lose a job. but because they don't have th e skill s to manage a bud&!"'. to take care of kid s. to get to work on ti me ... ull th ose kind of thin gs . Belly was one of those who didn 't have those skill s. So we 1hough1 18 month s 10 2 years wi th a case man ager would be grea t, but we co uldn't find subsidized housi ng . Th is private indi vi dual fr om the comm un ity said, I will pay her re nt for th e nex t two years. as long as she wi ll agree to come in yo ur program. She has now been in our housing progr:.m fo1 fo ur mont hs. She is ~o ing gre lll on her GED program . Her olde s1 is in sc hool and her younges t is in a speci :!lizcd da y care fN kids with her kind of di sabi liti es . It is a grea t e~ample, I 1hink , of so meo ne in th e pri va te sec tor who has some means to step up and hel p somebody . Not just give them a hand out , but hel p them so tha t they ca n become se lf-s Ui·fi cie nt. In 18 month s hi s su bs idy ends . By th en we are expecti ng her to have her GE D nnd hope fu ll y so me job skills so she cnn get a job and an apart men t on her ow n. An ot..,er wo man who recentl y carne through wn s Sa ll y. Sh e has bee n homele ss fo r abo u1 three yea rs. She came 0 1 1 of anoth er domest ic violence situati on, but she t,ad a different iss ue in th at she was add ic1cd 10 mc1hamph ctamine s. Wh at got her 10 s1op her mcth use , wa s, she fo und out she was pregn:m t. So she went into trea tment and slopped using mcth . When she came to the House of Hope she wa s recommended by one of th e tre atmeo1t p·ovidcrs. She came in to th e House of Ho pe, had her baby while she was a1 the Mouse of Hope . co ntinued go ing to dru g treatm ent out side . co ntinued gn in g to NA me etings . She was so me one wh o had grown up in the Englewood are a. she had go ne to Engl ewood sc hools and her famil y lrnd bee n in th is area . She had an I I th grad e edu ca ti on. so it didn't take much for us to help her ge t a GED . By th e tim e she lcfl th e House of Hope she had fou nd sub sidi zed housin g and was empl oyed, and had fo und day ca re for hi:r baby who had just be en bo rn . She is still off meth . It is a da il y ba nli: for her and wi J: be fo r a long tim e. She is goin g 10 he r mee tings . She is still in dru g trea tment and she keeps in touch wi th us. The re aso n women end up in the House of Hope is not j ust bcc.-a usc th ey don'! hil \'C money, or jus t becau se 1hey don't have a job, There are a lot of different issue s. So me of the wo men don't make it throug h our progra m, bccam,e ii is :m inl ensivc program and if you do:1 't work. we ask you to lea \C. We have a \i sl of wome n who wa nt to ge t in th ere an d do something. You ca n be 1herc 90 d.1 ys and we will dru g tr ;t on site . It someo ne wanls to come in and use drugs. th ey arc not gn in g to !!lay at th e I-l ouse '!I f Mo pe, but if 1hey do w :in1 tc m:1 kc so me changes in th eir life, we will give th em the opportunity and our Slaff is great at 11. I think it is a wo nJerful thin g 1hat Eng lewood ha s helped us so mu ch with thi s. Aga in . I 1hink so mc11 nes we think the home less ::wne from oth er areas . Currently . about 60% of our cli ent i-co me from thi s area of Arapah oe Co unt y. They h:?ve lots of probl ems and I think our staff is rea ll y doing a good job. The Ci ty's sup port h:i s been tcr ri fi c ... fr om the Police Department to th e Fire Depart mcnt who ~ .J mes out on our burn t toast and thing s, so th ank yo u ve ry mm:h. 7. Unsc hedu led Vis it ors Englewood City Council March I , 2004 Pnge4 (a ) Gerry We st 2890 South Ogde n S1reet. sai d I jus1 wa nled 10 brin g somethin g 10 yo ur aucn ti on. I don't know if yo u paid auenti on lately. but we stern Dougl as Cou nt y is lightin g a tran sfe r stat ion. They don't have a transfer stati on fo r th eir ga rbage in Douglas Coun ty, whatsoeve r. They are all in Arapahoe Cou nt y ... th e only two in th e so u1h area. One of them happe ns 10 be ri ght dow n off of Sa nta Fe. They arc co mplaining abo ut th e ve rmin and di sease that spread s within a live -mile radiu s of that tran sfer station, plu s the lrafli c. Now I think if th ey a.re so proud of their fast growi ng cou nt y th ey ought 10 rak e care of their own ga rbage . That is my com pl ai nl. I think Englewood ought to talk to them abo ut it . or ta lk to so me body. becau se we don't need th e traffic jam down on Sania Fe , whic h yo u know there is. Mayor Garrett th anked Mr . We st (b) Anne Purkey said I go 10 Eng lewood High Sc hoo l. I !lfTl here tonight to ask the Council if they would be willing to give me a donati on. because thi s summer I am looking to auend the National Stude nt Leadership Conferenc.e in Washington, D.C. I think the ,-kills I co uld acq uire there would rea ll y hel p out my class and so me of the stude nt government classes in Cnglcwood . I am curren tly clas s president and have been in student gove rnm ent for both yea rs of high sc hoo l .. .I am a sop homore . I thi nk that this conference would really help me learn leaders hip skills that I could bring back to th e community, so I could help our stud ent s become more in volved . It feels that a lot of times. the students at the high sc hool don 't take much interest in politics and whatnot. I think that if I could come back with new infonnation about politi cs and all or these kinds of thi ngs. it wo uld reall y help the communit y. The total cos t of the trip is SI ,8 95 .00. l have just been trying to get as many different donations as I can and I reall y hope that yo u can help me o ut. Thank you. Mayor Garrett sa id I told Ms . Purkey that we usua lly deal with these things during Coun cil Members Choice. 8. Communkatlons, Proclamat ions and Appointments (a) A resol ution appo inting Valerie Passcrini to the Kee p Englewood Beautifu l Co mmis sio n was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS Sl:.CONDED, TO APPROVE AGENDA ITEM 8 (a) -RESOLUTION NO. 43, SERIES OF 2004. RESOLUTION NO . 43. SERIES OF 2004 A RESOLUTION APPOINTING VALERIE PASSERINI TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISS ION FOR THE CITY OF ENGLE WOOD . CO LORADO . Vo te results: Moti on ca rri ed . Aye s: Cou nci l Members Barrcniine , Moo re, Brad shaw, Garrett , Wol osy n, Yurchick, Tomasso Nay s: None Mayor Garrell pre se nted Ms. Pa sseri ni wit h a ce rtifi c;it e a nd :a C'1ty pin . (b) A reso luti on appointing Da "id A. Sp recace as an As socia te Jud ge for th t.> Eng lewood Municipal Court wa s consid ered . COUNCIL MEMBE R BRADSHAW MOVED, AN D IT WAS SECONDED, TO APPROVE AGENiiA ITEM 8 (b). RESOLUTION NO . 44, SER IES OF 2Uti4. RESOLUTION NO. 44, SERIES OF 2004 • • • • • • Englew ood Cil y Council !\•lurch t. 200-t rogr 5 A RE SO L UT ION FO R T HE A PPOI NT M ENT OF DA V ID A. SPRECACE AS A N ASSOC IATE M UN ICIP AL JUDGE f-O R Tl IE C ITY OF ENG LEWOO D . COLORADO. Ma yor Garre tt asked if th ere was an)' di sc uss ion. There wa s none. Vot e res ult s: Moti on carried . Ay es: Coun ci l Membe rs Barrentine, Moo re. Brnd sh:iw , Garrell , Wolosy n, Yurchi ck, Toma sso Nays: No ne (c) Assoc iate Muni cipa l Ju dge Da vid A. Spreca ce was sworn in by Municipal Judge Vincent Atencio . There was app lause Ju dge A1enc io said David wi ll be serving as nn Assoc iate Jud ge in the Eng lewood Municipal Cou rt. We have a pool of maybe a hal f doze n judgt;s, we use durin g th e lime when I am not available . We rea ll y apprecia te the jo b 1h at our associate judges do and rea ll y loo k for ward to havi ng David come on boa rd and hel p us out. Mayor Garrett and oth ers con gratulated Mr . Sprcca ce. 9. rubllc Hrarlng No public he ari ng was sc heduled before Counci l. 10. Consent Age nd a COUNCIL MEM BER BRADSHAW MOVED, AND IT WA S SECONDED , TO APPROVE CONSENT AGENDA IT EMS IO (a) (I), 10 (b) (I) AND 10 (c) (I), (ii), and (Iii). (a) Approva l of Ordinan ces on First Readi ng (i) OUNCIL BILL NO. I . INTRODUCED BY COUNC I L MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHOR IZ I NG ACCEPTANCE OF A TRANSPORTATION/UTILITY EASEMENT ALONG SOUTH BANNOCK STREET BETWEEN THE CITY OF ENG L EWOO.J . COLORADO AN D DILLON REAL ESTATE COMPANY. INC . (b) Approval of Ordinances on Se co nd Reading (i) ORDINANCE NO. 10. SER I ES OF 2004 (COUNCIL BI LL NO. 7. INTRODUCED BY COUNCIL MEMBER BRADSH AW ) AN ORD I NANCE A UTHOR IZ ING AN INTERGOVERN MENTAL AGREEMENT PERTA INI NG TO THE GIS PI LOT ST UDY PROJECT ON SEWER SYSTEM MAPPING BETWEEN CHER RY H ILLS SAN ITATION DISTR IC f AND Tl IE CITY OF ENGLEWOOD (l') Rc su lu1i ons and Mu1i ons (i) APPROVAL OF JUN E 12. 2(,'{µ AS THE DATE FOR A CITY -WIDE PUBLI C SI DEW ALK SALES EVE NT. (ii) I NSTALLATION OF ART FOR THE M USEUM OF OUTDOOR AR TS ' 2004 DESIGN & BUILD PRO GRAM . Englewo od Cit)' Counci l ~larrh 1, 2004 Pa ge 6 (i ii) PURC HASE OF A LOADER BA CKHOE FROM UN IVERSAL TR ACTOR CO MPANY , FOR TH E PARKS DIVISIO N, IN TI-IE AMOUNT OF S~0.823.00. Vote res ults: Ayes: Counci l Mem be rs Ba11ent ir,..:, Moore. Brad shaw. Garre tt . Wo losy n. Yurchick , Tomasso Nays: None Moti on carried . II . Regular Agenda (a) Approval of Ordinances on Firsl Reading (i) Lieute na nl John Collin s prese nted a rr:omm e nd a;ion from th e Dcpart menl of Safety Servic es 10 adopt a bill for an ordinance amendin g sec ti on s of the Englc.:wood Muni ci pal Code pertaining to Inope rable Vehicles, Off.R oad Ve hicles, and Trail ers. He sa id the Code Enforcement Advi so ry Committee has prev iously sc nl th ese reco mmend ed changes and additi ons to City Co unc il for re view . Cit y Co unci l ha s taken quite a bit of time in dcli b~rati on of these changes . The bill, as ,vr111 en, has th e support of the Department of Safet y Services Poli ce Divi sion . Mayor Garrett asked if there we re any que stion s fo r Lieuten ant Co ll ins. Th ere were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a)(I) • COUNCI L BILL NO . 11. COUNCIL BILL NO . I I, INTRODUCED BY COUNC IL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AMENDING TITLE 15 , CHAPT ER I, SECT ION 2, DEFIN ITIONS ; TITLE 15 , CHAPTER 9, SECTION I, PERTAINING TO INOPERABLE MOTOR VEHICLES ; AND ADDING ANE W TITLE 15 , CHAPTER 9, SECTION 2, PERTAINING TO OFF-ROAD (OR V) VEHICLES AND TRAILERS, OF THE ENGLE WOOD MUNIClPAL CODE 2000. Ma yo r Garrett asked if there wa s any di sc uss ion. Co un cil Member Brad shaw sa id I just v. J nt to th ank th e Code Enfo rce me nt Advisory Co mmittee for the ir work on thi s and Jo hn . you in parti c ular fo r yo ur input an d pati ence. Lieutenant Co llin s said lh ank yo u. Vole results: Moti on ca rri ed. Ayes : Co un ci l Memhers Barrentine. Moo re, Bradshaw , Ga rrett , Wolo sy n, Yu rc hi ck, Tomasso Nays: No ne (ii ) Lieutenant Co lli ns pre se nted a recomme nd at ion from the Department of Sa fety Ser vices 10 ado pl a bill fo r an ordin ance amendin g sec tions of th e Engl ewood Municip al Code pertaining to Outdoo r Sto rage in Rc si dcn1ial. Busine ss . and Indus 1ria l Zoned Di stricl s. He sa id all 01hcr ordinance s or porti ons nf. .. that arc incons istent or in co nflict wi th thi s ordinance, arc repealed . Thi s Cl ill fo r an ordinance culmin ated month s of re view and recomme nd ations by the Code Enforceme nt Ad"isory Co mmitt ee 10 members of th e Cit y Cou ncil. Thi s bi ll also has th e sup porl of the Departm e nt of Safety Se rvices Police Divis ion. Mayo r Ga rrett as ked if the re we re any que sti ons fo r Lieutenant Collin s. There we re none. COUNCIi . ME MBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPI\OVE AGENIJ ,; IT EM 11 (a ) (ii)· COUNC IL BILL NO . JO. • • • • • • r nglcwoo d Cit y Co uncil !\'lurc h I, 200.a Puge 7 COUNC IL BILL NO . 10. INTROD UCED BY COUNC IL ~!EMBER WOLO SYN A BILL FOR A:sl ORD INANCE AMENDING T IT LE 15. CiiAPTER 7. OF THE ENGLEWOOD MUN ICIPAL CODE 2000 BY T l-IE AD DI T ION OF A NEW SECTION 4. RELAT ING TO OUTDOOR STO RAGE IN RESIDENT IAL. BUS INESS AND INDUSTR IAL ZO NED DISTR ICTS IN T HE CITY OF ENGLE WOOD . Mayor Garre tt as ked if there was any disc uss ion. Th ere was none . Vote results: Mo ti on cn rried . Ayes : Co uncil Membe rs Barre ntin e. Moore. Bradshaw , Garren, Wolosyn, Yurc hi ck. Tomasso Nays: No ne (iii) Direc tor Ross presen ted a reco mm end atio n from lhe Departm en t or Pu bli c Works to adO(l l a bill fo r an ordinance amendin g Titl e 11 , Chapter I of the Englewood Mu nici pal Code per tai ning to the us~ of gopcds/mo torizcd scooters in th e publ ic right -of-way. He sai d we reco mmen d two or<'inances. Currentl y these types of ve hicles fn ll int o th e cat ego ry of toy vehi cles and und er the Model Tra ffi c Code the-" arc pro hibited to be used on th e stree ts and can 011l y be used on pri va te prope rty or on side wa lk s. These ve hicl es arc capa ble of trav el ing abo ut 30 miles pe r hour and he Pu bli c Wor ks Dc part men1 di sc us!:ed thi s iss ue wi1h the En glewood Trans po rtat ion Advisory Committee. ETAC conc urred wit h Publi c Work s th at three foot wide sid ewa lk s des igned 10 be used by pedes tri ans, bo rd ered wi1h parked cars on one side nnd land sca ping on the 01her, and wi th the eve r present danger of cars backi ng out of dri ve ways. th at thi s was not the suita ble loc n1i on for gopcds to be operat ed. Now 1he Cit y co uld have prohib it ed the use of these ve hic les like Do uglas Co unt y, Th orn1 on and Westminster, bul the use of gopeds and motori zed scoote rs has increased in po pulari1y in 1hc last fi ve years . Re sponsi ble use of gopeds provi des an al1 crna1e mode of tr anspona1 io n fo r our M mmun ity . So we be li eve th at we should take the co urse th at La fa ye lle and Ft. Collin s has taken and approve the use of go pcd s on public streets, subject to certai n provi sions and res 1rictio ns. Th e prov isions and restr ic ti ons dea l wi th opera tors be in g subjcc 110 the sa me duties and pe nalti es appl icab le to th e drhcrs of vehicles undu th e Englewood Muni ci pal Code. No pe rson shall operate a gape d or mo torized scooter on the stree t 1ha1 ha~ "' posted spee d li mit of grea ter 1ha n 30 miles per hour. All ope rators of these vehi cles, that do no t have va lid dri vers li ce nse. mus t wea r pro tec ti ve helmets and th at he lm et shall be sec ured in a sa fe manner. Now th e hel me t provis ion is not covered as pa rt of Council Bill No . 12. It is add ressed in Co unci l Bill No. 13. whic h is th e nex t it em on the Age nd a. If th e Ci 1y Cou nci l has any qu estions. I wo ul d be happy 10 tr y to ad dre ss them. Mayor Ga rrett asked if th ere we re any qucs 1io ns. There we re no ne. COU NCIL MEMBER BRADSHAW MOVED, AND IT WAS SECO NDED, TO APPROVE AGENDA ITEM 11 (u) (Iii) -COUN C IL BILL NO . 12 . COUNCIL BILL NO . 12. INTRODUCED BY COUNC IL ME MBE R BRADS HAW A BILL FOR AN ORD INANCE AMEN DI NG TITLE 11 CHAPTER I. SECTI ON I. SU BSECTI ON B. w1rn THE INSERTI ON OF A NE W PAR T 4 AND PART 6. AN D WITH Tl-IE ADD IT ION OF A NE W SUBSECJ'I ON C TO TITLE I I. CHAPTER I. SECTION I. UNDER DEF INITI ONS PERTA INING TO GOPEDSIMOTOR IZED SCOOTERS OF TH E ENGLEWOOD MUN ICIPA L CODE 2000. Mayor Garre tt as ked if the re was any di sc uss ion. Co un cil Membe r Wol osy n said I would like to say tha1. al1 houg h I am in pe rfect agreemen t that 1h""se ve hi cles do nol be long on sidewa lk s, and I think that ETAC staff and Co uncil did a good jl)b of writing 1hi s bi \1. I. myself, don't feel 1ha 1 comfortab le that this is 1hc solu1ion to the nui sa nce and safc 1y issue s. So. she sa id . I will be vo tin g agains 1 it. Englewood C ily Council Mnrch I, 2004 Page 8 Well said , Council Member Brad shaw said . Vole r esults: Mot ion carried . Ayes : Cou ncil Members 8 :irren 1ine. Moo re , Brad sh:iw, Garre ll , Yu rchick, Tomasso Nays : Counci l Mem ber Wolosyn !iv ) A bill fo r on orc!inance arne nd ing 1he Eng lewood Municipal Code by addins a new subscc1io n 10 ti; Mod I Traffil r ode regllf.:img helmet rcq uire 1nc 111s for operators of gopcd s/motorized scooters was consid e1cd. Mayor Gnrreu sai d I believe Mr. Ru:;~ hns mnde hi s presenrntbn for Co uncil Bill No . 13. Do you have any questions specifically fo r him c-· ,':r,1•1 • :! !lill No . 13, which is 0-. .e helm et regulati on? There were none . COUNCIL MEMBER BRAIJ S :,.W <OVED, AND IT WAS SECON DED, TO APPROVF. AGEND A ·ITEM 11 (a) (Iv) • COUNCIL Im . NO. 13. COUNCIL BILL NO . 13 . INTRODU CED BY COU NC IL ME MBER BRADSHAW A BILL FOR AN ORDINANCE AM 6 NDING YITLE 11 , CHAPTER I, SECTION , , SUBSECTION B OF THE ENGLEWOOD MUN(CIPAL CODE 2000, BY THE INSERTION OF A NEW PARAGRAPH 7, WHICH ADDS A NEW SUDSECTION (d) TO SECTION 220 (I ), OF THE MODEL TRAFFIC CODE 1995 , PERTAINING TO HELMETS REQUIRED FOR PERSONS WITHOUT A DRIVERS LICENSE WHILE RIDING GOPEDS/MOTORIZED SCOOTERS . Mayor Garrett asked if there was any discus sion. There was none. Volt results: Motio n carried. Ayes : Council Members Barre ntine , Moore, Bradshaw, Garren, Wolosy n, Yurchi ck, Tomasso Nays : None (b) App rov al of Ordinance s on Second Reading {i) Council Bill No . 8, a bill fo r an criicrgency ordinance approvi ng an Amendment to th e Agreeme nt Rcgllfding Design and Constru cti on of Drain age nnd flood Control Improvements fo r Mnrc y Gulc h at Englewood Ditch was co nsidered . Mayor Garrett sa id thi s is an emerge ncy ord inance, whi ch mea ns it goes into effe ct immedi ;,,tely if we pass it this evening . COUNCIL MEMB ER BRADSHAW MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA IT EM II (b)(l)-ORDI NANCENO.11. ORD IN A CE NO . 11 , SER IES OF 2004 (COUNC IL BILL NO . 8. INTRODU CE D BY COUNC IL ME MB ER BRADSHAW) AN EMERGENCY ORDINAN CE AUTHORIZIN G AN AMEN DMENT TO THE INT ERGOV ERN MENTAL AGREEMENT BY AND BETWE EN UR BAN DRAIN AG E AND FLOOD CONT ROL DISTRI CT, Tl-IE CITY OF ENGLEWOOD, COLORADO . AND CE NTENNIAL WATER f .ND SANIT AT ION DISTRICT FOR • • DESIG N AN D CONSTRUCT ION OF DRAINAGE AND FLOOD CONTROL IMPROV EMENTS FOR • MARCY GULCH AT ENGLEWOOD'S CITY DITCH . • • • Eng lewood Clly Co uncil Morch I, 2004 Page 9 Ma yor Garrell asked if th ere wa s an y di sc uss io n. Th ere wa s nor1e . Vo le results: Ayes: Co uncil Members n arrentin e, Moo re. Brad shaw, Garrett , Wo losy n. Yurchick, Toma sso Na ys : None Motion carri ed. (ii) Council Bill No . 9, a bill for an ordinance repealin g the Title 4, Chapter 6 of the Englewood Muni cipal Code pertaining to Admissi ons Tax. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (b)(II) -ORDI NANCE NO. 12 . ORDINANCE NO. 12, SERIES OF 2004 (COUNCIL BILL NO. 9, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE REPEALING TITLE 4, CHAPTER 6, "ADMISSIONS TAX" OF THE ENJLEWOOD MUNICIPAL CODE 2000. Council Member Bradshaw said I will be voting against this . I voted for it and I don 't know why ... it was a lapse. In our issues with budget, this would certai nly be a good way fo r us to increase ou r revenues, so I will be voting against this . Maj•or Garrett asked if th ere was any discussio n. There was none . Vote result!. Ayes: Council Members Barrentine, Moore, Garrett, Wolosyn, Yurchick, Tomasso Nays : Co uncil Member Bradshaw Motion carriecl. (c) Reso luti ons and Motion s (i) Manager Stowe presented a reco mm endatio n from the LinletoniEnglewood Wastewater Plant Supervisory Committee 10 approve, by motion. the lease of four new ove r-the-road tractors with AlM National.case , in the amou!lt of $416,400.00. He said we are here 10 present a long term lease agreement for over-the-road tractors that are in our beneficial use program . They haul the trailers that lake the bio-sol id s. otherwise know n as slud ee , from the Treatment Plant out to ou r wheat fields. It is a five year lease and it is repl acing the lease that we have had in place wi th Ryder for quite some tim e. We negoti ated n new lease through the bidding process and recommend approval. May or Garrett asked if there were an y que stion s fo r Mr . Stowe . There were none. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I). THE LEASE OF FOUR NEW OVER-THE-ROAD TRACTORS WITH AIM NATIONALEASE, IN THE AMOUNT OF $416,400.00 . Mayor Garrett 11~ked i f there wa s any di sc uss ion. There wa s none . Vote results: Aye s: Nays : Motion c,1rr ied. Council Members Barrentin e, Moore , Brad shnw. Garrell , \V olosy n, Yurchick, Toma sso None Engl ewood City Coun cil March I , 2004 Pa ge 10 (ii) Director Ross prcscnlcd a rec ommcndntion fr om th e P,1hlic Wo1 ics Departm ent to appro ve. by moti on. th e Big Dry Creek Trail lmprovc men1s (Pho.se I) Projec t He :,uid ~uglcwood , Li ttl eton, ond So uth Suburban Pa rks Fo und atio n have bee n wo rking toget her fo r a num ber of y,·nrs toward -:o mpl cting Bi g Dry Creek Trail. Thnt work has 1akcn us from th e Plane River to Progress Park nnd t!,is Pha se "No1 Id ge t us fr om Progress Par k 10 Le hew Aven ue . We hnvc ob tained fondin g fro m DRCOG and Fcdc 1\1I TtA-2 1 fund s (0 th e t une of $600,000 .00 and this will make u pre tt y nice dent toward the cstim:itcd cost of 1 •• 5 mi.'lion doll ars . Th e eig ht bids were rece ived and they were ope ned on Feb ruary 101t1. The engineer:;' es timfilC wa.c. S655 ,000 .00 and Wyco n Co nstru ction Co mpa ny ca me in wi th a low bi d of $399,000 .00, so we an· reco rn mendi 11 & th at Ci1 y Counc il au thorize us lo award th is co ntrac t. Mayo r Garrett asked if th ere we re any que stio ns for Mr . Ross. Council Member Yurch ic k sai d what happens to the rtst of the mo ney? Mr . Ross sa id that v.•ill go towards Ph a~e lI wh ic h will tak~ us fro m Lc how Aven ue to Broa dway . So that money will roll ove r into Ph ase U as soon as that desi gn and the right-o f-way has w.n co mpleted . Council Mem be r Bradsl..1w sa id I will ha ve to abslai n fro m th is, since 1 am the Ch air \)f the Fo un dati on. But kud os to Ken and the Cit y staff ... co uldn't have done it with out you guys ... partic ul arly Dave Henderso n who I unde rstand has been inc redib le. So please pass that along to him. Mr . Ross sa id th a nk you . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROV E AGENDA ITEM II (c) (ll) -THE BIG DRY CREEK TRAIL IM PROVEMENTS (PHASE I) PROJECT. Mayo r Garrett asked if there was any disc uss ion. The re was none . Vote reaults: Ayes : Nays: Absta in : Motion carri ed . 12. Gene ral Discussio n (a) Ma yo r's Choice Co uncil Members Barre nti ne, Moore , Garrett, WulC\syn , Yurc hi ck, Tomasso None Council Membet Bradsha w (i) Mi.yor Ga rren sai d we have two things th at were brought up <lurin g sched uled a nd un schedul ed visi tors. The House of Hope is asking th at we draft a letter, whic h is a su pport letter. I wo uld like to ask Co unci l's fe elin gs on wheth er we wa nt to do such a lcll er. Council Membe r Bradshaw said abso lu tely and others agree d. Ci ty Manage r Scars said we ca n prepare that fo r yo ur signa ture. Mayor Ga rrell asked if all of Co uncil would li ke to sig n 1his one. Ms . Brad shaw snid 1 think thtli. would be nice. Mr. Garrett said I think it wo ul d be a nice thi ng 10 do, if we all signed it • • Mayor Garrett said next, Ms. Purkey t.as requested so me fund s 10 nll c nd the S1uden1 Lea dershi p Co nfe rence in Was hinglon. D.C. I guess the fir st th ing we should ask for is ou r bLdgc t repcrt . Mr . Yurchick sn.id we hav en't spe nt anyt hing. Ms. Bradshaw sai d co uld we do $200 .0u fo r her? h. !h at fa ir? Mr. Yurc hick sai d S250.00 mn ybc. Mayor Garrett sai d didn 't we do thi s las t yea r? Ms. Bradshaw said we did it wi th Up Close, that is a gro up . She is goi ng as an ind ivi d~I. Ms. Wolosyn sai d $250 .00 is a lot, do we wa nt to prefac e thi s or qualify it ? We do n't have th at kind of bud get 10 help eve ryone ... } don't mind doin g it , but I just fe el like should we say ... maybe one st ud ent a ye ar. Mr. Yurchick said I thought it was inte nd ed to be "fi rs t co me, fi rs t served." • Ms. Brads haw sai d lh at is how I th oug ht we handled it and whe n we arc out, we arc out. Ms . Wo losy n said okay, that's g®J . • • • Englewood Ci ty Counci l Mllrch I, 2004 Pagr 11 COUNC IL MEMIIER YU RCIIICK MOVEll, AN D I T \\'AS SECON DED, TO AP PR OVE CONTRIB UTI NG S~S0.00 TO ANNE PURK EY TO ATTEND THE ST UDENT LEADERSHIP CONFERENCE I N WASHINGTON D.C . Ma yo r Garre n asked if th ere was any disc ussi on. Th ere was none . Vole results: Ayes: Co uncil Membe rs Ba rre ntin e. Moo re. Brad shaw. Garrett . Wolosy n. Yurchick, Toma sso Nayr: None Moti on ca rried . Mayor Garrett said Ms . Purkey was going 10 give Lou Ellis her phone m •. nber . Ci ty Clerk Ellis said I have ii. City Manager Sears said we wi ll gi ve her a call tomorrow morning . (b) Cou nci l Members' Choice (i) Couru;il Member Ba .. ntine sai d usua ll y I lead off with th e Po lice Dcpanme nt . bu t yo u arc going lo ha ve 10 ta.kc second fiddle to Ken Ross th is time , who did an exce ll ent job in re spo nding, to a constitue nt of mine who lives right across fr om th e high sc hoo l and was havi ng a lot of conce rn s. Not o nl y did he addre :.s this from his own depart me nt , but did a fantas tic job of getting everybody involved . together rather qui ck!~· and th ey me t wi th her wi:hin a week . So I wou ld like to recog nize eve rybody whiJ pan icipntcd in addre ssi ng thi s wit h her . That WtiS Ken Ross. Ladd Vestry with Public Works, Sgt. Jeff Sa nchez with Safety Se rvices. al ong with Mari lyn Lamb and Nancy Wilso n from Safely Services . And then of course , the Police Department comes in wit h Offi cer Don McLennan who participated an d then we had Tere sa Baldwin with the Engle wood High Sc hool. I understand she is the Dea n of Students ave!· there . She wa s very happy with a lot of lhe so luti ons th at ca me up and ve ry po sitive in tr yi ng to move fo rward on addre ssing so me of those co mmunity iss ues. It was just impressive and thank yo u v.:ry muc;1 for doin g that. (ii) Co un cil Member Bradshaw said Co un cil us ua ll y make s a co ntributi on in fl owe rs or something . Fo r the Milligan 's there arc six different ch aritie s that th ey ha ve rccom me ndcd ... o ne is Englewood United Methodi st Church w~mo. ia l Fund, En glewood United Methodi st Church Sc holarship Fund, the Tom Murph y Scholars hi p Fund. Mall ey Cc n1 cr Trust Fund . University of Co lorad o S1uden 1 Loan Fund for medi ca l sc hoo l or the Englewood Rotary Scho larship Fund. Ci ty Manage r Scars said I th ink the To m Murphy Sch olarship Fund is rc-la1ed to the swimm in g program al CU. Ms. Br adshaw as ked if ;1n yo ne had a preference. Di scus sion en sued . Ms . Brad shaw sa id I kind of lea n 1oward s th e Eng lewood Rotary Sc holar~hip Fu nd. beca use he st:1ncd the Ro1ary. Ms. Wolcs yn said th at is the one I was go ing fo r. City Mana ger Scars sai d yes , he was a fo undi ng mem be r. It was decide d th:11 th ey wo uld make a contributi on 10 the En5lewood Rotary Schola rship Fund. ins1cad of OO\\ers. (i ii) Cou ncil ~kmUC r Wolosy n sa id I wou ld like to move the rc so lu ti r:,n I rJiscusse d in S1ud ) Sess ion. 1 wo uld like to amend it to read 80% of th e es timat ed v.i l•J e of reve nues. in pl ac e of 90%. (Clerk 's note : Thi s wa s lis ted on th e Age nd a as Item 12 (b) (i).] COUNC IL MEMBER WOLOSYN MOVED, AND I T WA S SECONDED, TO Al'PRO\IE RESOI.IJ TION NO. 45, SER I ES OF 200 4 AS AMENDED TO RE AD "80 % OF THE ESTI MATED \I ALUE OF REVENUES", I N PLA CE OF 90 %. RESOLUT ION NO . 45 . SER IES OF 2004 A li.ESOLUTION IN SUPPORT OF AN EQUITABLE ALLOCATI ON OF ST ATE AND F::DER AL TRAN51'ORTAT ION DOLLAR.3 TO THE "1 ETR OPO LITAN DENVER REGIO M. Eng lewood City Co un cil t\lurch 1. 200-& Page 12 Ma )or Ga rrett asked if there was any d1 sr us:,.io n. There wa s no!le . Vole re:m lls : Ayes: Co uncil Membe rs Barren tin e. Moo re. Ur:1dshaw. Garrell, \Vn lusy n. Yurc h1 ck, Tomasso Nays : No ne Moti on carr ied . (iv) Coun cil Member Yurch ick said I may not be here th e 8111 and the 15th • Thcconlinuin g saga of th e v:i.ca ti on of Pecos goes on. Whe n il was vaca 1ed five ye ars ago, it ca me down to who wou ld blink first. Eng lewood wou ld vacate their half fir st or Denve r wo uld vaca te the ir half. We ll Englewood 1•acated th eir h:1\f ... Denve r dropped th e ball . So it is coming up for firs t readi ng on th e 8111 and second reading on the 15111 and I want to make ~ure to be there and make sure th at it docs n 't get dropped agai n. (v) Co uncil Member Toma sso said I wo uld like 10 th ank th e Co un cil fo r approvi ng my aue nd nn cc at the Second Annu al "Buildin g Livabl e Co mmu ni tie s in Co lorado ," I will tr y to have a report to yo u ne xt week . They didn't rev ie w th e mater ia l they gave us and there is qui te a bit Th ey just sa id we cou ld read it l:H er. 13 . City Ma na ger's Report (a) Ci ty Mana ge r Sen.rs !IJ1 d I wo ul d like to say th anks to Chri s Ol so n a nd to the Fire Divi sion in partic ul ar. It was after the Council meeting tha t they h:i.d giv~n me a ca ll to he ad up th ere. Dr . Milligan and hi s wife b d bee n panici pants in the Rotary Program. whi ch I nm Pre side nt of and pa rticipati ng in. It kind of made my heart sto p for a minute , whe n I ca me 10 the to p of that hill up there . I know th at they re all y did eve ry1hing to Lr y 10 sa ve hi s life . Mr. Scars said Cou ncil Member Yurchi ck sai d he app rec iated th e wa y they had handled this ... very professi onal. The ~,--ff, in conju nct ion wi th Swedis h, really did everyth ing possi bl e to save hi s life. It was just rea ll y unfortu nate . The respo n!iivcncss by th a1 depart ment, is rc necti vc, I think, of the employees in this organization . I. as the Manage r.just wanled IC" say thanks. (b) City Man age r Sears sa id ' ~:11 ,1 •o not e that Mike Flaherty ha s bee n in vo lved wi th the Ce nte nni al projec t ... lhi s is th e Swedi sh C .;t11 c r.11 ; .. , projec t ... and there is a meeti ng Thur sda y mornin g at 8 o'clock here . Next year is the Sw:d,s h ( ",1ie11nial and if there is a Counci l membe r that wo uld like to participa te on th at. it wo u!J be good . Co uncil Membe r Wair.sy n sai d I would like 10 becau se Cult ural Ans is partic ipatin g in it. 14 . Cit y Attorney's Rcporl City Auorncy Brotz man did not ha ve any math!r s 10 br in g b(fore Counci l. 15 . Adjournme nt Th e rn cc lin g adj ourne d at 8: 10 p.m. • •