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HomeMy WebLinkAbout2004-03-15 (Regular) Meeting Minutes• • • ENGLEWOOD CITY COUNC IL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO I. Coll to Order Regular Session Morch 15 , 2004 The reg ular meeting of the Englewood City Council was ca lled to order by Mayor U.z rrcu at 7:3 0 p.m, 2. Invocation Th e in voca tion was given by Counc il Member Barrentine . 3. Pledge of Alle&lance The Pledge of Allegi•nce was led by Mayo; Garrett. 4. Roll Call Present : Absent: A qu orum was present. Council Members Tomasso , Moore, Barrentine, Garren, Bradshaw , Wo losyn, Yurchick None AJso present: City Manager Sears 5. Minutes City Attorney Brotzman Assistant City Manager Flaheny Deputy City Clerk White Director Ingle, Information Technol ogy Director Olso n, Safety Ser vices Director Ross, Publi c Works Director Gryglewicz , Finance&. Administrative Service s ',1) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPRO\'I'. THE MINUTES OF THE REGULAR CITY COUNC IL MEETING OF MARCH I, 2004, Mayor Garrell asked if there was any di scuss ion or correc ri ons. Co uncil Member Bradshaw sa id Rut h Steel's name was spelled wron g. There is no "e" at the end of Stee l. Mayor arrett thanked Ms . Bradshaw. Vot e res ults: Motion carried . Ayes: Co unci l Members Barrent ine, M..,~ .... ::rnd shaw, Garrett , Wolosyn, Yurchick, Toma sso Nays: No ne 6. Sched uled Visitors There were no sc heduled vis it ors. EnglewovJ Cit y Council March 15, 2004 Page 2 7. Unsc heduled Vlsltors (a) Richard K. Brown. 2170 W. Warre n Ave nue. said , in January we moved into our home :md there have been num erous situ ations wi th loud mu sic coming from ca rs. I confronted a neig hbo r, tr yi m• o be civil. and the person pulled a knife on me, to later find out he is .:i gan g membe r. We hove bee n in co mm uni ca tion wi lh Englewood Housing because he was s1:i.ying in a house he was not supposed 10 be liv ing in. He has since left I have noti ced oth er ga ng members in the area. Wh en I we nt for a wa lk one night, J was accos ted and was followed fo r six blocks before I cou ld get to the Shell S1at ion. at Eva ns. Thi s iss ue nee ds 10 be brought to City Coun ci l's auenti on, that is wh y I am here toni ght. I do n·1 know wh:'11 else 10 do. Ma yor Garren thanked Mr. Brown fo r bringing that to Counci l. He said Direc tor Olson is our Director of Safety Services. I don't know whether you have had an opportuni ty to co ntac t th e Sa fet y Services Deportment and work with them but they arc usuall y very re spo nsive to those types of iss ues . Mr. Bro"1l sa id we have talked to the Co mmun ity Rela tio ns Offo:cr and she sugges ted to get a co mmunit y wa lch going ... Council Me mber Brad sha w said Nei ghborhood Wa!.eh ... hc said yes, Neig hbo rh ood Watch, th ank you. Mr . Bro wn staled , since we arc so new in the neighborhood. it is kind of hard to figure out our neighbors. J had anot her incident with th e children fa nei ghbo r, abou 1 their loud mu sic. They live nex t door to my uncle , and he sa id they arc calm . reasonable people . so I wcnl to ta lk lo them . Th ey corra lled me in th e •.irect , wn nl ing to anack me . I don'I know how old th ese kids are, hut I am ass umin _: they arc over eigh tee n • Mr . Brown said my dad was raised in the home I bought from my Grandma. I had been lead 10 believe thal it is a civil neighborhood , but am coming to find out it is not. He said th ere isn't a se nse of communi1y there . I don't know if it is because ii is bordering Denver on multi ple sides, si nce it is just a little is land of Eng lewood , or what . I really don't know. My lady an,J I feel like our hands arc tied . She has a ho.rd time wal king out in the street after dark . That is not a neighborhood 10 me. · • Mayo r Garren said thank yo u fo r bringing it 10 our attent io n. We will make a note of tha t ad dress. 8. Communkatlons, Proclamations and Appointments There were no commu ni ca tions , proc lamat ions, or appointments. ~-Public Hearing No prblic hea ring wa s sc hedu led lxforc Council. I 0. Consent Agenda COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SEC OND ED, ~·o APPl'.OV E CON SE NT AGENDA ITEMS IO (a) (I ), IO (b) (I) AND IO (c) (I). (a) Approva l of Ordi nances on First Reading (i) COUNC IL BILL NO . 16, INTRODUCED BY COUNC IL MEM BER BR ADS HAW A BILL FOR AN ORDINANCE AUT HORIZING AN INTERGOVERNMENTAL AGREEMENT PERTA INI NG TO INFORMAT ION TECHNOLOGY PROCUREMENT AND SUPPORT SE RVI CES BETWEEN CHE RRY HILLS VILLAGE AND THE CITY OF ENGLEWOOD . (b) Ap prova l ofOrdimmces on Sc C"O nd Re ading (i) 0RDINANCE NO . 13, SER IES OF 2004 (COUNCIL BILL NO . I. INTRODUCE D 8 B '( COUNCIL MEMBER BRADSHAW) • • • Englewood Cil)' Council March 15, 200~ Page 3 AN OKDINAN CE AUTH ORI ZING ACCE PT ANCE OF A TRANSPORT ATI ON/UTI LIT Y EASEMEN : ALON G SO UTH BANNOC K ST REET BETW EEN Tl-I E CIT Y OF ENGLE WOO D. 'OLORADO A~'J) DILLON REAL ESTATE CO MPAN Y, INC . (c) Reso luti ons and Moti ons (i) APPROVALTOA WARD AC ONTR AC TTOR NC IVIL CONSTRUCTI ON I. TH E AMO UN T OF S201.173 .00 FOR TA NK REPAIR S TO THE TWO CLAR KS ON STR EET 3-MILLI ON-GA LLON RESER VOIR S. Vote results: Ayes : Co uncil Mem be rs Barrentine, Moo re, Bra dshaw , Ga rrett . Wolosy n. Yurch ick, Tomasso Nays: None Molio n carr ied . 11. Re gu lar Agenda (a) Approva l of Ordinances on First Read ing (i) Direc tor Ol so n presented a recommenda tio n from the Department of Safety Services to adopt a bill fo r an ordinance approv ing an Intergovernmental Agreemenl wi1 h 1he City and Co un 1y of Denver 's Dep :i.rtmenl or Safety regarding the Urban Area Security Initiati ve. He said this is an item we disc ussed in Srndy Session and by approving 1his, it allows us to supp ly needed informati on to the Federal governme nt for the Department of Homeland Security and ultimately to free up th e fund s for the Cit y of Englewood specifically for 2003 , for the general overh a ul to our radio communication sys tem s and publi c safety . So, I am requesting the approval of thi s ordinance . Mayor Garrett asked if there were any questi ons for Director Ol so n. There were no ne . Mayor Gorrell said there is a requ est by Counc il Member Bradsha w. as we ll as 1hc City Manager, 10 1hank yo u for your efforts on behalf of the Cit y of Englewoo d and all th al yo u hove done fo r us. Tha nk yo u. COUNC IL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM II (a) (I)· COUNCIL BILL NO.17. COU NC IL BILL NO . I?, INTRODU CE D BY COUNC IL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AUT HORIZING AN INTERG OVERNMENTAL AG REEM ENT (URBAN AREA SECURITY INITIATIVE ) llETWEEN THE CITY OF DENVER . COLORA DO AND TH E CITY OF ENGLEWO OD. COLORADO . Ma yo r Garrett asked if there was an y di sc ussio n. Th ere was none. Vo te results: Moti on ca rri ed. Ayes: Co un cil Me mbers Ba rrentin e, Moore. Bra dshaw, Ga rrell, Wolosyn, Yurc hi ck, Tomasso Noys: No re (ii ) Direc tor Ross presen ted a recommendati on from th e De partm enl of Publi c Works lo adopt u bill for an ord inance app rov in g nn Enc roac hment Agree me nt at 3560 S. Bann oc k Stree t, th e Skerrin Ho use . Mc ~ai d the ori gin al house was bu ilt in 1864 and the pru pert y in ques ti on was pl ated in 192 6. Mr. Ross ~mi d th e ho use was there be fore th e ri ght -o f-wily but wh en it was dedica ted . a porti on of 1he house wa s in th e So ulh lla11mx:k 1ree1 ri ght -o f-way. The ow ner wi shes 10 stabi li ze artd rehabilital c th is buildin g. It ha s bee n da nmgcd o,·::-r time due 10 th e clem en ts a nd neglec t, so, th e fr ont of the buil din g enc roac hes int o the Cit :; ri ght - Englewood Clly Co uncil March 15, 2004 Pnge 4 of-wa y and onl y Ci 1y Courm l can .ipprovc 1hi s cncroudune nt a~ree mcnt. Mr . Ros s said I .m, here before yo u 1oni gh1 as kin g yo u 10 do that Ma yo r Garrell asked if th ere were ,my quen ions fo r Dit ec1or Hoss . T!,c.:c we re none. COUNC IL MEMBER BRADSH,\ IV MOVED, AND IT WAS SECOND~:D, TO AP PR OV E AGENDA ITEM 11 (o) (ii)· COUNC IL BILL NO. IJ. cou;,c u. BILL NO . 14. INTRODUCED IIY COU!'IC II. MEMB ER BR ADSHAW A BILL FOR AN ORDINA NCE AUT HORIZIN G AN ENC ROACh'MENf INTO TI lE CITY OF ENG LEWOOD 'S RIGHT -OF-WAY FOR 3T ABILIZAT ION AN D REHABILITATION OF THE THOMAS SKERRITT HOUSE 3560 SOUTH BANNOCK STREET, ENGLE WOOD. COLORADO. Ma yo r G.1 rreu asked if there was any di sc uss ion. There wa s none. Vote results: Mo1i on carried . Ayes : Co ur1c il Members Barrentine Moo re , Bradsha w, Ga rrett, Wolosy n, Yurc'i ic k, Tomasso Nays: None (b) Approval of Ordi nances on Seco nd Re adin g • (i) Coun ci l Bill No. 10, amending sec ti ons of1he Englewood Muni cipal Code pertaining 10 Outdoor St orage in Resident ial , Business, and Indu strial Zoned Di slri cts was considered. • COUNC IL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO AP PROV E AGENDA ITEM 11 (b) (I) -ORDINANC E NO. 14 . ORDINANCE NO . 14, SE RIES OF 2004 (CO UN CIL BILL NO . 10, INT ROD UCE D BY COUNCIL ME MB ER WOLOSY N) AN ORDINANCE AUTHORIZING AMEN DING TITLE 15. CHAPT ER 7. OF TliE ENGLEWOOD MUNICIPAL CO DE 2000 BY THE ADDIT ION OF A NEW SECT ION 4, RELATI NG TO OUTDOOR STORAGE IN RES ID ENTIAL , BUS INESS AND INDUSTR IAL ZONE D DISTRI CTS IN THE CITY OF ENGLEWOOD . Mayor Garre tt asked if th ere wa s any di sc uss ion. There wa s none. Vole results: Moti on carried . Ayes : Co un cil Members Barren1i nc. Moore. Brad shaw, Ga rrell , Wolos yn, Yu rchi ck. T< "ll asso Na ys: No ne (ii) Co un cil Bi ll No. 11 , amen ding scc 1io ns of 1he Eng lewood Municipa l Code per1ai nin g to Inoperable Veh icle s, Off.Ro:1d Ve hi cl es, and Trai lers was co nsid ered. COUNC IL MEMBER WOLOSYN MOVED, AND IT WA S SEC NDED, TO APPROVE AGE NDA ITEM 11 (b) (Iii -ORDINANCE NO . IS. ORD IN ANCE NO . 15. SE RIES OF 2004 (COUNCIL BILL NO . I I. INTR ODUCED BY COUNC IL MEMBER • WOLOSYN) • • • Englewood Clly Co uncil Murch IS , 2li04 Page 5 AN ORD INANCE AMENDING TITLE 15 , CHAPTER I. SECT ION 2, DEFINITIO NS; TITLE 15 , CI-IAPTER 9. SECT ION I. PERTA ININ G TO INO PERA BL E MOTO R VEHICLES; AND ADD ING A NEW TITL E 15. CHAPT ER 9. SECT ION 2. PERTAINING TO OFF-ROAD (ORV) VE I-II CLES AND TRAIL ERS. OF Tl-IE ENGLE WOOD MUNICIPAL CODE 2000. Ma yo r Garrett as ked if there was any disc uss ion. There wa s none . Vole results: Ayes: Co unci l Members Barrentine . Moo re , Brad shaw , Ga rrett. Wolo syn. Yurchick. Toma sso Nays : None Moti on carried. (iii) Co unci l Bill 12, amending sec ti ons of th e Englewood Municipal Code pe r1ainin g to gopcds/mo1ori zcd scoo ters was co nsidered . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (b) (111) -ORDINANCE NO. 16. ORDIN ANCE NO. 16, SERIES OF 2004 (COUNCtL BrLL NO . 12. INTROD UCE D BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING TITLE 11 , CHAPTER I. SECTIO N I, SUBSECTION B, WITH THE INSERTION OF A NEW PART 4 AND 6, AND WITH THE ADDlTION OF A NEW SUBSECTION C TO TITLE 11, CHAPTER I, SECTION I, UNDER DEFINITIONS PERTAINING TO GO PEDS/MOTORI ZE D SCOOTERS OF THE ENGLEWOOD MUNlCIPAL CODE 2000. Mayor Garrett asked if there was any di sc uss ion. There was none. Vote resulls : Mo1i on ca rr ied. Ayes : Cou ncil Members Barrentine . Brad shaw, Moo re , Garrett, Yurch ick, Tomasso Na ys: Council Member Wolosyn (iv) Counci l Bill 13, amend in g the Englewood Muni ci pal Code by addi ng a new sub sectio n to the Mod el Traffic Code rega rdin g helm et requirements for opcra 1ors of gopcds/motorized scoot ers was considered. COUNC IL MEMBER BRADSHAW MOVED , AND IT WAS SECO ND ED, TO APPRO VE AGEN DA IT EM 11 (b) (lv)-ORDINANCE NO. 17. ORDINANCE NO . 17. SERIES OF 2004 (COUNC IL BILL NO . 13. INTRODUCED BY COUNC IL MEMBER BRADSHAW) AN ORDINAN CE AMENO:N< flT LE I I. CHAPTER I. SECT ION I. SUBSECT ION B OF HIE ENGLE WOOD MUN ICIPAL ' lDE 2000. BY nlE INSERTION OF A NEW PARAGRAPH 7. WHI CH ADDS A NEW SUBSECT 10 ·; .d)TO SECT ION 220(1). OF THE MODEL TRAFFIC CO DE 1995, PER TAINI NG TO HE LMET '.EQUIRE D FOR PERSONS WITHOUT A DR IV ERS LI CENSE WHILE RIDI NG GOPEDS/MOTOil , .D SCOOTERS . Ma yor Garre tt asked if there , i s any disc uss ion . fhcrc wa s none, Vo te res ul L'i: Ayes : Council Members Barre ntine, Brad shaw, Moore , Garrett, Wo losy n, Yurchick , Toma sso Eng lc1rnod Cily Council Morel, 15, 2004 Pogc 6 Na ys: None Motion carried. (c) Reso luti ons and Mo1io ns (i) Directo r Gryglewicz prese n1ed a recommendation from the Dep artment of Finance and Administrative Serv ices to ado pt a resolutio n ap proving a tran sfer of fun ds fr om 1he Surplus and Defic iency Fund and th e Cap ita l Equipment Replacement Fund, and supplementa l appropri ati ons fo r Art in Pu bli c Pla ces (On e.Pe rce nt fo r Arts) and th e Library Serv ic es Department. He sai d th is resol uti on transfers $20,862 .00 fr om the Surplus and Defi ciency Fund to the General Fund . These fund s are not required by Charte r to be held in that fund so we arc movi ng them to th e Ge neral Fund fo r general use. The transfer from th e Capita l Equipme nt Replacement Fund is $12,000.00 so the total transfer to th e General Fund is $32,862 .00. You arc also maki ng a supplemental ap propri ation for the Library or $12 ,000.00 and a se parat e one perce nt for th e Arts, in lh e amount or $5 ,525 .00. It is a requirem ent or a resolut io n passed a few years ago and it wa s not included in the 2004 budget , but wil l be in fu1ure bud ge ts. Ma yor Garren asked if there were any questi ons for Mr . Gryglcwic z. There were no ne. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 46, SERIES OF 200-I. RESOLUTION NO . 46, SERIES OF 2004 A RESOLUTION APPROVING THE TRANSFER AND SUPPLEMENT AL APPROPRIATIONS OF FUNDS TO THE 2004 BUDGET . Mayor Garrett asked if there was any discussion . There was none . Vote resu lts : Moti on ca rri ed. Ayes: Council Members Barrentine, Moo re , Bradshaw, Garrett, Wolosyn, Yurc hi ck, Toma sso Nays: No ne (ii) Director Ross prese nted a reco mmendatio n from the Department or Public Works to adopt a reso luti on auth ori zin g negotia 1ion of a co n1r ac 1 with Bitumin ous Asphah Sealin g Spec iali sts (BASS) in an amo unt not to exceed S395,000 fo r the 2004 mi cro surfaci ng program . He said each year our Stree t Main1cn ance Divi sion rev ie ws 119 mil es or the stree l!. of the City or Englewood and eva lu ates wh ich streets need mai nten ance efforts . The de sign life or an asphalt road is 20 years a nd in order to r-oax tho se 20 years of life o ut of our roads in Colorado, with th e laugh freeze .th aw cycle, studded snow ti res, chall engin g an<l constantly changi ng subs urface co ndit io ns, trucks and buses, we need to perfo rm resu rfacing treatments periodi ca lly . BASS ha s satisfact orily participated in a part ne rship type of arrange men t wit h th e City for the lest thirteen yea rs 10 construct our micro surfa ci ng program . Mr. Ross sa id we have placed over 2.67 milli on square yard s of our desig n prod uct, which I:! abo ut 142 mil es or roa dway . We belie ve the recommend ed co urse of actio n rep rese nt s superio r value to our ci ti ze ns . So. I ask that yo u all ow us to aga in do thi s in 2004. Mayor Garrett as ked if th ere were any questions for Mr . Ro ss . There we re none. COUNCIL MEMB ER BRADSHAW MOVED , A.m IT WAS SEC OND ED, TO APPROVE AGENDA lTEM 11 (c)(II) -RESOLUTION NO. 47 , SERIES OF 2004. RESOLUTI ON NO . 47 , SER IES OF W J4 A RESOLUT ION AUTHORI ZIN G TrlE NEGOT IAT ION AND AW ARD OF A CONTRACT FOR ENGLEWOOD'S 2004 MI CRO -SURFAC ING PR OGRAM INSTEAD OF THE CO MPETITIVE BID • • • • • Englewood Cit )' Co uncil Mn rch 1S, 2004 Puge 7 PR OCESS UNDER SE CT ION 11 6 (b) OFTI-IE HOME RULE Cl-I ARTER AND SECT ION -1-1-3-1 OF T HE ENGLEWOOD MUN ICI PA L CODE 2000. Ma yor Garrett asked if there was any disc u!l sion. There was none. Vo te r es ults: Ayes: Co uncil Me mbers Ba rrent in e, Brad shaw. Moore, Ga rrell, Wolosy n. Yu rc hic k. To masso Nays: None Moti on ca rried. 12. Genera l Discussion (a) Mayo r's Choice Mayo r Ga rrell did not have any ma ucrs to brin g before Co un cil . {b) Co uncil Me mber s' Choice (i) Co un ci l Membe r Ba rrenl ine: I. Sh e sa id I wa nt to th ank Community Deve lopment Se ni or Plann er Mark Graham and Di rec tor Mary Robcns wi lh Littl eton Co mmun ity Deve lopment , for th eir presentat ion I auended on Tuesday . 2. She sa id I wa nt to lhank Cod e Enfo rcem ent Sergeant Sanchez for takin g me on a tour in lh e Ci ty. We th en spent abo ut 1wo hours, mos tl y, in Di strict One. I was very impressed by th e amount of con 1ac t he has wi th th e co mmunit y a nd th e efforts he has made up there. :,, She sa id I wa nl to thank O ffi ce r O'Connor for lakin g me on a ride-a long on Friday ni 8ht. I learned an aw ful lot and ap precia te hi m taki ng th e tim e. (ii ) Co un cil Member Yurc hi ck: I. He said I wo uld like IO 1a lk to Sue an d probab ly go to pa rt of th e CML Co11fe,e nce this yea r. I wi ll come back with so me num be rs nex t Cou ncil meet ing . 2. He said I wo ul d lik e to ack now ledge a coup le of Direc tor Ol so n's office rs. We had a break in th is wee kend al my b1•~ine ss. Office r Caslill o was 1he invcs 1iga 1ing office r and ve ry enth usia stic abou t her job. I wo•Jl d like 10 th ank Office r Sa ldi var fo r co mi ng ou t and taki ng fingerprin ts. 13. C it y l\lan ug u 's Report Cit y Manager Sca rs did not have any ma tll;rs 10 bring befo re Co un ci l. 14 . Cit y Attorney 's Repo rt Ci ty An ornc y Brotzman did no t hav~ any mall crs 10 bri ng be fo re Counci l. 15. Adjo urnment A DJO U RN. The meet ing adj o urned at 7:45 p.m.