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HomeMy WebLinkAbout2004-04-19 (Regular) Meeting Minutes• • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session April 19, 2004 I. Call to Order The regular meeting of the Eng le wood Ci1y Council was called to order by Mayor Garrell at 7:34 p.m. 2. Invocation The invocation was given by Council Member Barrentine . 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Garrett. 4. Roll Call Present: Absent: A quorum was present. Also present: 5. Minutes Council Members Tomasso, Moore, Barrentine, Garrett, Bradshaw, Woiosyn, Yurchick None City Manager Sean City Attorney Brotzman Assistant City Maoager Flaherty City Clerk Ellis Director Olson, Safety Services Fire Battalion Chief Schoenbcin Director Gryglewicz, Finance and Admi ni strative Services Director Fonda, Uti li ties Director Kahm , Capital Project s Director Ross, Public Works Engi neer II Nimmo (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 5, 2004. Mayor Garrett asked if there were any comments or corrcc lion s. There were none . Vote res ults: Motion carried . Ayes: Council Members Barrenti ne , Moore , Bradshaw, Garrett , Wolosyn , Yurchick. Tomasso Nays : None 6 . Scheduled Visitors There were no sc heduled vi sit ors . 7. Unscheduled Visitors Englewood City Council April I 9, 2004 Page 2 (a) Phi l Gi ll ia m, 3821 So uth l-l uron . sai d I was at 1hc las t Sout h Broadw:iy pl an nin g mcc 1ing. Mos t or • you we ren ·1 th ere and th ere were so me co nversa tio ns 1ha1 I thought . perhaps. we co uld have . Al the siart or th e Plan il says .. go als.". Goa ls impl y a paradi gm, or a co n1 ex 1 or a reaso n 10 have th e goa ls. Wh y do we wa nt a se t or go als? We have goa ls as outlined by the Plan . The co nversa tio n 1hat I think we mi ght nced ... what do the goa ls help us do or whe re do they help Englewood go, that we want it 10 go? Wh at is th e background or those goa ls? Now , the idea might be that maybe we wan t to have the bes t sc hools in the Sta te. That mi ght draw people to live in our houses, which would pu sh downtown devel opment. It is an iden . It is an id ea that Mr . Simpson sa id ir we did it, it wo uld make hi s job a sl am dunk . As it is right now, the South Broadway Plan loo ks like re\'enue ge nerati on. You look at the goa ls, yo u look at where it goes and all it is. is a way to make more money. At th e meeting, Mr. Toma sso said "I'm even taki ng a loo k at a way we ca n tax. landl ord s," If we want 10 be abou t revenue ge nerat ion, put it rig hl out fr ont Say , thi s is our goa l and thi s is 1he rea so n. 1'hi s is our goal, because we wa nt to genera te revenue . There need s 10 be language at the start or it and it need s to be langu age th at is de ve loped . and made publi c and printed in th e Herald , before the goa ls co me up . I loo ked at bo th plans and I saw some1hing mi ss ing. And what was mi ss ing was the why . But 1he un spoken ... was, boy, we need more bu cks. So, I wo uld just as k yo u guys to en gage in a co nversation with th e com munit y abo ul why we need to go on the hu stle for South Broadway . Wh at i!ii th ere abo ut it that we really need 10 do it ? Now granted, we all wa nt 10 have as ni ce a looki ng bus iness di strict as we can ... as vital and produ cti ve as it can be, but I think we should be real square about why it is that we arc pushi ng that way and is that sufficient reason tc give it all th e emphasis that we 've got ? I reel like I am one ci ti ze n, but that I've go t two different governmental bodies ... J'vc got a sc hool di stric t an d I've got a city . Everybody I talk to says , well we've got a committee 11nd we meet wit h them once in awhile . I went on the we b and got the fir st 15 of 104,000 sites that talk about good sc hoo ls being good for the tow n. So th ere is so me in fo rmati on out there, so mewhere. But I wo uld thin k that right now there is an unmet demand in education in the met ro area . You've got sch oo ls that ha ve wa iting lists . They've got lott eries so they ca n choose who ca n go there . If the sc hoo ls in Englewood me t so me or that unmet dem and people wo uld be moving into Englewood and pop ping tops , and sc rap ing off and increasi ng the housing stoc k and their prese nce would dri ve the demand on Broadw ny . You wo uldn't ha ve to force it. There has • got to be a way to work with the sc hoo l syste m. Rig ht now, Engl ewood Sch oo ls are los ing students . Yo u sec more and more "for sal e" signs. rental signs, and empt y houses in Englewood proper . There has got 10 be so me way to make thi s wo rk and I don't know as putting all our effort in forcing South Broa dway 10 rev itali ze is go in g 10 an swer the que stion . That is why I say let's loo k at the goa l and loo k at the context of th e goa l. Can anybod y tell me what the co ntext or 1he goa l is? Thanks , he sa id . 8. Communications, Proclamnllons and Appointments (a) A tell er fro m Jeffer y Baker indi ca tin g hi s rc~·gna ti on fr u:n th e Englewood Ooa rd or Adjustme nt nnd Appea ls was co nsidered . COUNC IL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCE PT TII F RESIGNATIO N OF JEFFERY BAKER FROM THE ENGLEWOOD BOARD OF ADJ USnl ENT AND APPEALS . Moti on ca rried . Ayes : Counci l Membe rs Barrc nlinc, Moore . Brad shaw . Ga rre tt , Wolc,s yn, Yun:hi ck, Toma sso Nays : No ne (b) A lett er fr om Gerald S1:mk orb indi cating his resigna tion from th e Keep Eng'..:wood Beautiful Co mmi ss ion wa s cons ide red. COUNCIL MEMBER TOMASSO MO VE D, AND IT WAS SECONDED, TO ACCE PT T II E RESIGNATION OF GERALD STANKORB FROM TH E KEEP ENGLEWOOD BEAUTI FU L COMMISSION . Mnt ion carri cJ. Ay es: Co unci l Members Bnrrc ntine. Moo re . Brads haw. Garre tt . Wuloc;yn. Yurchi ck. Tomasso Nays : None • • • • Englew•od City Council April 19, 2004 Page 3 (c) considered. A proc lamation rec og ni zi ng the Museum of Outdoor Arts' Design & Build program was COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION RECOGNIZING THE MUSEUM OF OUTDOOR ARTS' DESIGN & BUILD PROGRAM. Ayes: Council Membe rs Barrentine , Moore , Bradshaw. Garrett, Wolosyn. Yurchi ck , Tomasso Na ys : None M otio n carried . Mayor Garren asked is th ere anyone here to accept the proclamati on. There was no one . 9. Public Hearing Nu public hearing was sc heduled before Council. I 0. Consent Aaenda (a) Approval of Ord inances on First Reading There were no additional items submitted for approval on first reading . (Sec Agenda Item 11 -Regular Agend a.) (b) Approval of Ordinances on Second Reading MAYOR GARRETI' REMOVED ITEM 10 (b) (I) -COUNCIL BILL NO. 6, FROM THE CONSENT AGENDA . Ma yor Garrett said there was an error in its publi cati on, which requires us to pull the item and we will have it at the ne xt Council meeti ng . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (h) (II) and (Ill) ON SECOND READING. (ii) ORDINANCE NO . 2 1. SERIES OF 2004 (COU NCIL BILL NO . 15. INTRODU CED BY COUNCIL MEMBER WOLOSYN) AN ORDINANC E AUTHORIZING AN .. AGREEMENT FOR REALIGNMENT OF BROWN DITCH IN COLUMBINE VALLEY ESTATES" BETWEEN THE OWNERS OF CERTAIN PRO PERT IES ALONG THE RIGHT-OF-WAY AND THE CITY OF ENGLEWOOD, COLORADO . (iii) ORDINANCE NO . 22 . SERIES OF 2004 (COUNC IL BILL NO . 19. INTR ODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINAN CE APPROVING AND AUTHORIZING THE EXECUT ION OF FOUR INTERGOVERNMENTAL SU BGRANT EE AGREEMENTS (C DBG) FOR THE YEAR 2004 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CIT Y OF ENGLE WOOD. COLO RADO . Vote results : Motion carried. Ayes: Nays: Council Members Barren tine . Moore, BrnJshaw, Garren, Wolo syn , Yu1chick, Tomasso None Resolution s and Mo1i ons Englewood Ciry Counci l April 19, 2004 Page4 Th ere were nr, add iti ona l rc soh.t:ons or mnti ons submi11cd fo r ap pro val. (Sec Agenda lier, 11 • Regi,;Jar Age nda .) 11. Regular Agenda (a) Approval of Ordi nan ces on First Readin g (i) Assis tanl Ci1y Manager Flahert y present ed a reco mm end ati on fr om the Ci1y Mana ger's Offi ce to adopt a bill for an ordinance approvi ng an lnte 1govcrnmcntal Agreement wi th th e Re gional Tran spo rt :itio n Di stric 1 fo r landsc aping requirement s at RTD Elati Mainl ena nce Facili ty. He sai d the purpose of lhc agreement, primarily, wa s 10 address the deficiency in landscaping . RTD ha s agreed that th ey ha ve . based on our zo ning ordinance requirements fo r land scapi ng of indus tri al properties, a deficiency of approx im :ncly 32 th ousand squa re feel. Our ordinance als o call s out the calc ul ati on of th at deficiency in the for m of a fee in lieu , whic h RTD ha s al so acknow ledged . However. RTD has worked with the Cit)' and has agreed that they woul d delo.y the payment of the fee in li eu , in order to all ow th e: Ci ty to enter into an agreement with RTD to ex pl ore the op ti on of RTD pro viding that landscape area in conjun cti on with the constru ction of a future Bates Stati on. We have agreed on th ose is sues. The a~rccmcnt also covers that the parties will nego tiate , in good faith , for a Bate s Station agreement as well as on agr~.c ment at Lucent Boulevard Stati on ... thc end of the line stalion. under FasTracks for H.TD , wh ich is located on our Mclellan Re servoir propeny. Anr1, he sa id , therein lies the point of con tention . Last week we prescn1ed to RTD, language that Cou ncil provided lO slaff during the mcet irg of April JOlh. RTD has indicated that they could not accept that language . What you ha ve before you in th is agreement is the language that RTD presented to the Ci ty on April 9th prior to 1he Apri l lOlh ml!cting , at whic h time Council requested a change . So. Council Member Brad shaw said , our procedure is to move it , get ii on the tab le and then amend it? Mayor Garrett asked if there were que sti ons fo r Mr. Flahe rty before we stan that proce ss. There we re none . COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 18 . COUNC IL BILL NO . 18 . INTROD UCED BY COUNC IL MEMBER MOORE A BILL FOR AN ORDINANCE AUTHORIZINO AN INTE RGOVERNMENTAL AGREEMENT .. SUBSTANTIVE TERMS OF THE ELATI LANDS CAPE AGREEMENT" BETWEEN THE REGIONAL TRANSPORTAT ION DISTRICT (RTD) AND THE CITY OF ENGLEWOOD, CO LORADO . Mayor Garren asked if th ere was any di sc uss ion. Counci l Membe r Moore said 1 wou ld like 10 pro pose an amendment lc paragrap h num be r 6 in the agreement . think past di sc uss ions make it cl ear that Counci l des ire s that we want RTD 10 und erst and where our th ought s arc go ing with res pe ct to 1hc development of the Mclell an Re servo ir. As such, I would like to put fonh 1hc lang uage we talked abo ut previously. Th e ame ndmcnl would be 10 modify 1he last se nten ce in para gra ph number 6 10 now read ''to the ex te nt co nsisten t wi1h such min imi zati on, th e amount of dcve lopab le land shall be maximized. based upo n mutuall y acceptab le desig n parameters fo r ::1. statio n site not 10 exceed ten ac res. Stru clured parkin g wi ll be required, if finan ciall y fea sible ." I wo uld like to sugge st th at we make that amendment so that our inten ti ons are we ll und crslood ... our vis ion fo r th at land is we ll underslood by RTD . Cou nci l Member Yurchi ck said I have a queslio n on th e finan cia l fe asibilit y language . Did we wa nt to be more specific than that '? Ma yo r Garre tt sa id would we wa nt 10 inscrl "takin g the Lu ce nt Boul eva rd Stati on Projec t as a who le." Mr . Moore said I wo uld agree wi th !h at re '. is ion. Coun ci l Memb er Yurchick sai d wha 1 is the po int of eve n doin g 1he vo 1c? Wh at dn we ga in by amendin g thi s and pa ss ing it, ve rsus us not even vmin g on il :II all ? I gue ss th a1 is more for Cit y Att orne y Brot zman 1han an ybody . I mean, if we pass it th e wa y we wa nt it, the y don·1 sign it an d the y pay us SJ7 ,000 .00 ... if we don't vote on ii :ti all th ey pay us $37 ,000.00. • • • • • • En1•lPwr,od Cily Co uncil Aprl !!>, 2004 Page 5 Council Member Wolo)yn sa id I 1hm k we make a pub lic sta1emen1 of our conce pt of this projec t ... 10 the exten t 1hn 1 we hold ii in tru st ro r a ruturc Cou ncil. I think ii is im porta nt. Co unci l Member Brad shaw sa id I agree. Cou nci l Member Barrent ine sa id it will pot entially affect the co nve rsation happe ning if we do nothing ,md ma ke no state ment at oil at th is po int. Can we co ntinue 10 ha ve an y talks wi th th em or wo uld lhi s effective ly stop th at and we j ust say th is is what we 've got on th e 1ab lc and that is it? Counc il Member \Volosyn sai d I hope not. because I thin k wha t we arc saying is positive . We arc add ing very littl e. I think th at we pro bably hove th e same idea in mind fo r lh r future , exce pt that we wa nt 10 hammer the la nguage down a li1t lc more , beca use we arc in a pos it ion of trus t with our community. Bui , Counc il Member Yurc hi ck sai d. they have alrea dy sa id lh cy arc not go ing to acce pt thi s lang uage . Ms. Wo losy n sa id I think that when we pass an amended one, we make a public statement th at we agree to the entire dialog ue so far , except fo r thi s. Counci l Member Bradshaw sa id that's rig ht a nd the other thin g is. again I ha ve to talk abo ut the hi stor ical va lu e of that land oul there . Directo r Fonda , when did we get the land out at Lucent ? How many yea rs ago? Mr. Fonda sai d I think we got it in the early sixties . And , Ms. Brad shaw sai d, it has al ways been co nsi dered like a savi ngs acco unt for the Ci ty and I just think that if th at docs develop, we need to develop it to the best .. hi ghest and best use . I think we have to limit how mu ch the station would take as far as land. Co unci l Member Yurchick said th at was n't my qu estio n. I don't di sagree with that. Mayor Garren said I will pu l in my two cents worth . I think by pass ing thi s we are showing that thi s is an agreeme nt that is acceptable to us . We 're tryi ng fo r a little more structure . but clearl y it is subj ec t to good faith nego tiati ons. It is as if our Ci ty Manager 's office came forward wi1h an agreement, which they say the y don't nec essari ly agree wi th, but their board has passed it. It is up to th ei r hoard to make those kinds of decisio ns, it is not a staff decis ion. And I think we, at leas t, need to put it on the table 50 it goes to th e board level .i nd it may help them understand what o ur po si1ions arc . They may deci de th at staff is not correct in thi s case. Tha t is why I think it wo uld be wo rth passi ng as amend ed. Mayor Garren asked if there was any furth er discussio n on the amendment. There was none. COUNCIL MEM BER MOORE MOVED, AND IT WAS SECONDED, TO MODIFY THE LAST SENTENCE OF PARAGRAPH 6 OF THE IGA TO READ: "TO TH E EXTENT CONS ISTENT WITH SUCH MINIMIZATION, THE AMOUNT OF DEV ELOPABLE LA ND SHALL BE MAXIMIZED , BAS ED UPON MUTUALLY ACCEPTABLE DES IG N PARAMET ERS FOR A STAT IO N SIT E NOT TO EXCEE D TEN ACRES. ST RUCTU RED PAR KI NG WILL BE REQ UIR ED, IF FINANCIALLY FEAS IBL E, TAKING THE LU CEN T BOULEVA RD STATION PR OJECT AS A WHOLE." Vo le res ults o n lhe amendmenl: Mo ti on cJ rried. Aye s: Co un ci l Membe rs Barre nt ine, Moore. Brad shaw . Ga rrett , Wolosy n, Yurchi ck, To masso Nay s: None Mayo r Garre n sai d we now ha ve a molio n on th e tabl e 10 approve Co uncil Di ll No. I 8. ,1s amended . We will now have that vote , unl ess there is further discussion on the ag reeme nt i1 se lf. There was none . Vote rcsulls on the appro,·a l of Council Bill No. 18 as amended: Motion ca rried. Ayes: Co unci l Members Ba rre ntine, Moo re, Brad sha w. Garrell, \V ulos yn, Yurc hi ck. Tomasso Nays: No ne Englowood Clly Council April 19,2004 Page6 (ii) Fire Battali on Chief Schoenbcin presented a reco mmendation from 1hc Safety Services Department lo adopt a bill fo r an ordinance approving an lntcrgovcmmc ntal Agreement with the State of Colonido for Colorado Emergency Management. He said in fiscal year 2003 and again this yea r we submi11cd and were approved for approx imately $6,000.00 wonh of grants to fund the Community Emergency Response Team Training Program that we have had in the City for approximately ten years . This ordin ance, for approval of the IGA. would streamline the proce ss that we get for rcimburscmcnl of the funds from tha1 grant. Currently, the funds have 10 pass through the Local Emergency Planning Committee ... that is the Shc11 ffs office of Araplhoc County . This process would streamline lhal and allow lhe Slale lo directly pay funds 10 us, and reimburse us, for our eoSIS wilhout having to go through the LAPC . This is, basically , just taking a step out of the process and streamlining the program . I would like for you to consider this proposal and I welcome any quest.ions you may have regarding thi s. Mayor Garrett asked if there were any questions on this particular measure. There were none . COUNCIL MFMBER BRADSHAW MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (11)-COUNCIL BILL NO. 22, COUNCll. Bll.L NO . 22, INTRODUCED BY COUNCll. MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR THE COLORADO EMERGENCY MAN.\GEMENT BETWEEN THE STATE OF COLORADO AND ,HE CITY OF ENGLEWOOD, COLORADO. Mayor Garrett :.sked if there was any discussion . There was none . Vote results: Ayes : Nays: Motion carried . Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Yurchick, Tomasso None (b) Approva l of Ordinances on Second Reading (i) Director Gryglewicz presented an emergency ordinance, authorizing two (2) Intergovernm enta l Agrc.ements wi th the Colorado Water Resource s and Power De ve lopment Authority, for th e issuance of Water Revenue and ~'Mer Polluti on Control Revolving Fund bonds for the Phase 2 Expansion Project. He said this ordinance is an emergen::y, basically 10 gel the prC"Cess going on the se two loans from the Colorado Water Resources and Power Development Auth ority. You will sec that the actua l loan agreements are attached and I should note thal , as ii says in the ordina nce . these are the form of the agreements and there could be so me minor changes still to come, but for the most part , ii is 99 % done. Mayor Garrett as ked if there were questions for Direct or Gryglewicz . There were none . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED , TO APPROVE AGENllA ITEM 11 (b) (1)-ORDINANCE NO. 23, SERr ~s OF 2004. ORDINANCE NO. 23 . SERIES OF 2()().1 (C OUNCIL BILL NO . 20. INTRODUCED BY COU NCIL MEMBER BRADSHAW) AN ORDINAN CE OF THE CIT Y OF ENGLEWOOD, C.OLORADO , APPROVING LOANS TO BE MAD E TO THE CITY BY THE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY FOR THE PURPOSE OF FINANCING ADVANCED TREATMENT UPGRADES TO , AND THE CONSTRUCT ION • • OF IMPROVEMENTS i"ICREASING THE TREATMENT CAPACITY OF, THE CITY'S JOINT • WASTEWATER TREATMENT PLANT; AUTHORIZING THE FORM AND EXECUTION OF LOAN AGREEMENTS AND BONDS TO DOCUM ENT THE LOANS ; PROVIGING FOR PAYMENT 0F THE BONDS FROM REVENUES OF THE CITY 'S SANITARY SEWER SYSTEM; PRESCRIBING DETA IL!, IN CONNECTION THEREWITH ; AND DECLARING AN EMERGENC Y. • • • Englewood City Council April 19, 2004 Page 7 Vote rerults: Motion carried. Ayes: Council Members Bilrrcnlinc , Moore , Brad shaw, Garren, Wolosyn, Yurchick , Tomasso Nays: None (ii) Dirt'Ctor Gry glewicz presented an emergency ordinance reaffirming lhc e,1ablishr.1ent of the Sewer Utility Enterprise. As ( said on fir st rcadin i, this is in relat ion to whe n Tabor was passed and we ju.st are formally reaffirming that the Sewer Utili1y is an Ente1·prise and it is done in conjunction with the ordinance that just passed . COUNCIL MEMBER WOLOSYN MOVED, A ND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (b) (11)-0RDINANCE NO. 24, SERIES OF 2004. Mayor Garrett asked if there was any discussion . There was none. ORDINANCE NO . 24, SERIES OF 2004 (COFN<CD. Bll.L NO. 21, INTRODUCED BY COUNCll. MEMBJ!R WOLOSYN) AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, REAFFIRMING THE ESTABLISHMENT OF ITS SEWER UTILITY ENTERPRISE; PRESCRIBING DET All.S IN CONNECTION THEREWITH; AND DECLARING AN EMERGENCY. Vol< results: Ayes: Nays : Motion curried . Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Yurchick , Tomasso None (c) Resolutions and Moti o ns (i) Director Fonda presented a recommendati on from the Littleton/Englewood Wastewater Treatment Pl an t Supervisory Committee to approve, by motion, an amendment to the Purchase Agreement of denitrification sys tem equipment and installation se rvices from Severn Trent Services in the amount of $98,581. He said there were two vendors who cou ld have possi bl y provided dcnitrification facilities . We chose this one , as I indicated previously. because it was the one that allowed the most easy conversion for ph osp horus removal. Then we negotiated the fee for the equipment. As we got furthe r into th e desi gn, after the negotiati ons, we fo und that about $98,581 .00of the package should be increased in thi s bid. It docs not increase the total amount of the 110 million . Ir just shifts from where it is paid . We would h! paying the general contractor for this, if we weren't paying Severn Trent, but it makes more sense to go with Severn Trent , so we have to modify the contract Mayor Garrett asked if there were any ques tio ns for Mr. Fonda . There were non e. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SEC ONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -AN AMENDMENT TO THE PURCHASE AGREEMENT OF DENI TRIFICA TION SYSTEM EQUIPMENT AND INS TALLATION SE RVICES FROM SEVERN TRENT SERVICES IN TH E AMOUNT OF $98,581.00. Mayor Garrett asked if there wa.s any di sc uss ion. There wa s none . Vote l'HUlts: Ay es: Nays : Motion carried . Council Members Barrentine , Moore, Bradshaw, Ga rrett, Wo losy n, Yurchick, Tomasso None Englewood City Council April 19, 200-I Page 8 (ii) A rccom mcnd :ui on from the Publ ic Work s Depar1mcnt to a pprove. by motio n. the ex tension of the 2003 ccms tru cli on contr:1c 1 for Co nne1e Utilit y 2004. Concrete Program 2004, and Sidewalk Missing Links 2004 to Th oult Bro1hcrs Concrete Contracto rs In c .. in lhe am oun l of S.!28.535 .00 was co nsi dered . Mayor Garren sa id I would like to make note bciorc Rick begin s, that we had in our pacJ-r ts a rc::ill y ni ce backgro und summary of the Concrete Uti lit y Di st ric1 1ha1 was created in May of 1997 and ii gave the o.bi li1y for property owners to clcc1 into th at and pay o. ce rtain amount each time 10 cover the repl ac ement of your sidewalks in lhc event that necc!cd 10 occur. Direc tor Kahm sai d if I could . I would like to just briefly do a linle overview of that particular doc ument that was included in your packe .. I promised for month s nnd mon ths th at I wou ld bring everybody up to speed on the Utilit y. As the Mayor stated, in the City of Englewood property owners arc responsible, by Municipal Code . for the maintenance of th e concrete curb and gutter adjacent to th ei r properties. In 1997 we did establish a Concrete Utility which is very unique nationally. it is th e onl y one that I am aware of, to try to lessen the burden on th ose property owners to do that maintenance. Prior co ihat time, if the concrete went bad the Public Works Department would have to put together a list , we would come to Co uncil , we put a demand, because 1hc ordinance allowed us 10 do 1hat, and require 1he owners to repair it. The owners, of course, were never prepared fo r that financially . It created a 101 ofl·1rdships. So then we would form Concrete Replacement Distri cts, which were a time con suming and very costly project for the City. But we would do th at work and then we would sell bo nds and we w!Juld spread assessments out over ten years in a ve ry complica!ed and costly proce ss. The Utility allowed us to go out and inventory all the concrete in the City. We created a cost of about 8 cents a square foot. We assessed the propcny owners, based on the square footage basis of what was adj acent to their property. We did the sa me for the concrete that historic ally was the City's ... tt,at would be concrete at intersections ... allcy pans, cross pans. and that type of • thing . So that is why ever:• year in the Public Improvement Fund you will see an appropriation from the City of • almost 180 thousand dollars for our share of that program. Altogether that program generates about 600 thousand dollars a year. We believe, by the way , that this has been a very i;;ucccssful program. Property ow ners had the opportunity to opt out of the program, when it was initiated in 1997. To date, approximately 7% of the propeny owners did opt out , but it means 93% sta yed in. Of the ones that opted out , many of those were insti tut io nal entities. The hospitals for instance opted out, because his1ori cally, the ho spitals have maintained the concrete around lhei r facilitie s at a higher le ve l than eve n we maintain the resl of the Ci ty. It has never taken more than a phone call to get Swedish Hosp it al or Craig to do ne cessary work around the ir propcnies. So, we do have so me of those types of folks and some of 1he larger busi nesses prefer to 1akc care of their ow n concrete as well . We do , in fact , have, as I menti oned, 7% that haven't participated. That tota ls 707 properties in the City. I al so menti oned at our goal scui ng meeting wit h Council tha c the infrastru cture is worth iaking care of, because the removal rep la ceme nt value of the co ncrete in th e City is atom 18 million dollars. Ju st for the construc tion. In the packet th ere were so me chans that may be beneficial to you al'.. We ha ve one on funding on page 2. The important thing to note is that we i.ave ge nerated 3.7 mil lion dollars over the las t six years and we ha ve spe nt 3.1 milli on dollars doing the pro1~r:i.ms on an annua l basis . We ha ve done six programs alto ge ther. In term s of how Ne have imp ac1ed 1he com muni :y ... during that timeframe. we ·ve done work at 1859 properties . whi ch is a substan 1ia l number . That amounts to 27 0.000 square feet of concrete that ha s been removed and replaced . Another note on that particular chart , which is on pa ge 3, is that we have done 639 driveways. That is impor1ant because as the City wa s cons1ruc1ed. we had raised curbs and peo pl e prefer 10 have the dri ve way wh ere th e curb has been depressed . So we have had that imp ac t by being able to do th ose dri veways. In order to be eligible, th e driveway has 10 be in b.td condition. We don't just do them. th ey have to be eligible fo r removal and repla cement. Included in the p3• ket w('rc two page s, one on. ys ic al damage evalu atior crit eria and a second on ha zard evaluati on criteria . Wh 11 y'lu will note is that we had fou r level s. We have nevc. · been ab le 10 ha ve the fundi ng to do anythin g but concr :~ ti..:1 1 fall s in the Leve l 4, the un sa1 isfac1 ory ::a tc~or y. He sa id th ere i~ l chart in here that shows you that we ha vi: :,ctu all y onl y rat ed 11 % of th e conc rete in \he City. Right now , as we are st anding here, of 1ha1 11 % we know th at I 1,t, is in category 4 ... th at needs work right now . That is about 6 1,GOO square feet and that is the work tha t would be proposed in this co min g year's program. Opted out properties arc a conce rn for us . Si nce the proj ect bega n in 1997. our empha sis ha s been on ge lling the project up and fu nning and we just haven't fo ll owed up on the 7% of the fo lk s that opted out of th e program . To • date, there ~re 2 10 prope rtie s out there 1ho.t arc not part of 1he program th a1 have un sa ti sfact ory conc ret e. Included in the pack et Jfe so me pic ture of exam ples of th ose ... co ncrete that may be off grade an inc h and a half or 1wc inches, badly Jc1eriora ting a11d tha t type of 1hing . We would like to come 10 Counci l ... and thi s is kind of. jusl 11 preparation for us ... but , we would like to approach th ose 200 prope rt y owners th is year. Th e orc'ina ncc ac1t;a ll y • • • Englenood City Council April 19, 2004 Puge 9 say s 1ha1 th e Ci ty Mnnnger and/or his dcsig nce c:mjusl se nd lcllcr s and give pe opl e 30 da ys 10 do the wor k and if they don't do it in 30 dnys. we do it. and 1f the y don't pa y us in 30 da ys . we fi le a lien . What we would really like 10 do in !his fir s1 round. becau se we hav en't foll owed up on thi s sinc e the program began , is we would like 10 co me 10 Council in late: summer or ea rl y fol l with thi s li s1 of appro ximately 2 10 prope rti es. We know ri ght no w th:u the y wil v:iry in 1erms of 1he am ou111 of work 1h :11 needs to be done fr om $100.00 to as much as $4,000 .00. 1'he avera ge will be about $500.00 plus the cos ts ofpcrmi1s . Und er the new permit system wc·vc got for co ncrete , there is a $200.00 penni 1 fee 10 cover the costs of ndmini slcring those permi ts. In that case, we r ould sec own er cos ts running from $300.00 to $4,200.00, in th at range . Whnt we wou ld li ke to do is put th is together by fo ll , as oppoicd 10 30 days . As I mcmioned at our goal se tting mce1ing , we arc not overstaffed for this program, so what T ~ould like to do is give these folks from fall until spring to get this work done . It allows us to spread our wo rkl oad out a littl e bit !lnd also it would. probably, ease some of the hardship on propeny owners by giving them se veral months in order to co ntract and get this work done . If thi s work wasn't completed . we haven't set the exa ct sc hedule. but by May, for instance , then we would include tho se properties in next year's program . So we would still get the economy of scale as far as getting the work done, as econo mically as pos sible , and then we would lien those fo lks at th:u point in tim e, send n bill if they don 't pay it then we would file li en s. But. it would help the prope rt y owners and wo uld also help us, staff wise . We aren 't equipped 10 deal with 200 people pullin g permits at one time. If Co unci l is agreeable to someth ing like that, that is the direction we would lik e to go. Council Member Yurchick said if th ey didn't join ori gi nall y arc they allowed to join now 7 Mr. Kahm sa id abso lutel y. We hav e act uall y had 8 folks that have opted back in , that origin ally opted out. To opt back in, what they have to do, is th ey have to bring all of their concre te on 1he property up to the ex isting City s111 nd ard . So, they have to go out and hire somebody and get it all done . Cou nci l Member Yurchi ck ~id so they would have to bring up ... so for one of th ese 210 property owners whose concre te is stage 4, he has to fi x it before he can even join the program . Mr. Knhm said nbsolu1ely. In fact, I would say th at when we went and looked at it, if you look at the definition of stage 3, we would probably ask him to do 3's and 4 's, because 3 's arc just waiting to become 4 ·s and it is usually 3 to 5 years and we arc dealing with those. Larry Nimmo docs most of the administrati1J n on these projects and one of the issues we arc getting into , is that we arc reaching a point when we arc out doi ng work if we 've got so me 4 's and adj acent 3 'seven thoug h the program is really add res sing th e 4's, we wi ll do lh c 3's at th e same time to bring everything up to speed , because otherwi se we would be back in 3 or 4 years anyway. T!1ey can bring ii up to standard and then what they have to do is they have to make up nil of the past fees that they haven't paid into the program . And with th at, they can be reinsta ted . C.:v:•ncil Member Yurch1c 1., said is th e $600,000 .00. the difference between 3.7 milli on and 1he 3.1 million, is th at in a spcd al account that is earmarked the Concrcle Fund s? Mr. Kahm said yes, th ere is a fund and then on an annuul basis we :!.pp rc.:,1 iate fr on: 1hat Fund for th e annu al program . What I ha ve tried to do in the past is keep about on e year in 1hc ac co unt . try to l•~·.,c one year accrual of fund s Council Member Yurchick said one last que sti on. What happens if we do aw ay with th e Concrel c U1 ili1y an d I p:ti d in to it since 1997? Is there an y future gunrantee on walk s. or is it. oh sorry }ou ju st paid . Mr. Kahm said we would have to talk to the Cit y Att orn ey about that. bul I .tm gue ss ing it is, sorry you paid and the program is gone. We don't ha ve ( 1ndin g. We spend it as fa s1 as it co me s in . We ha ve man aged 10 kee p pac e with wha1 I call unsat is fact ory concrete , but th e fa ct is wh en we pul th e program together in 1997, we nss umcd by year 2006 or 2007 1h.i1 !here mi ght be a ba lance of one and a half milli on or two milli 1 1 doll ars. We thought we would be accruing money, because th e wh ole thing wa s ba se d on a 75 year life e xpec tancy. l\s it has tumcd out. concrete ha s been going bad at a faster rnlc 1han we anti cipated , We arc oka y fo r nf'w bu t at so me poim in the not 100 di stun1 fulur e, we will be coming 10 talk 10 yo u all about an incre ase in ord er to !.:ccp up . Included in your packet is a ch an that Ken Ros s put together . It is a Concrelc/Pa ving District Hi story , and it tell s you when the maj ority or the co ncrete went in10 the City. You wi ll see thal we had a tremend ous nmount that went in. in the 1960's and 1970's, as much as two-1hirds of the City . So nt so me po int in time, we arc go ing 10 have a whole lot of it prob ab ly go bad at about the sa me period of time . Mayor Garrell asked if there were any oth er quc s1ions. Englewood Ci ty Co uncil April 19, 200-I Page 10 Counci l Member Wolosyn said I don'1 have any at thi s tim e, bu! in the fulurc I would lik e to ha ve a S1udy Se ss ion on ii because there arc questi ons . Mr . Ka hm said we had origi nall y hoped 10 bring thi s 10 u Study Sess ion but th en we kind of ran out of time . Ken nnd I haven't 111lkcd abo ut this, but we have kind of neg lected th os e o pted ou ts. becau se we just haven't 1aken th e time to fo ll ow up on the m. What I wo ul d rc,:ommcnd is th at th is year we se nd so me letters a nd fo ll ow up by spring . I wo uld lik e 10 start doin g tha t on an annu al ba sis Jnd try to keep up wit h thos e, becau se some of th at co ncre te is in really bad co nditi on nnd creates a haza rd ou1 th ere . We ren ll y shouldn 't \cl it se t aro und fo r years un add rcsscd. Thnt is th e oth er 1hing 1ha1 J wo uld like to siart do in g on an annu al ba~1s, proba bly, ge tti ng peop le up 10 speed. There has been no penalty fo r dropping oul or th e program, beca use we have not done anyt hin g 10 th ose fo lk s who opted ou t I think once we slarl dea li ng wilh those propcni cs, maybe so me of 1hosc peop le will stan com in g back in . I know we have see n it as pro.,_<>cnies have changed hands and people have purcha sed, we've had folks that requi red 1he previous owner to ge t back in the distric t in order 10 ge l th em to cl ose th e dea ls. I think th e program will be more pop ular in the future •han it is ri ght now. Mayor Ga rren said wo uld yo u like 10 di sc uss Item 11 (c) (ii)? • Directo r Kahm said yes I would . He sai d th is award fo r our construction co ntrac t is just a linl c di ffc rc nl , been use thi s is something we have never done before. We arc always loo kin g fo r a be tter way and a more efficien t way to get thin gs acc ompli shed. A couple or years ago, in 2002, when we bid our Concrete Progra m, we put a provis ion in th e program th at all owed the contract to be extended with Council's approva l for up to two add itio nal years, beca use we spe nd a tremend ous amount or time pullin g these thing s toge th er fo r bid . In 2002. we just weren 't th at sat islied with the co ntrac tor th at had that project and in 2003, we wen t bac k out to bid again and sinned over . What we are here with thi s evening. is we a.re loo king for a motion fo r an c:<lens ion or the 2003 co ntra.ct with Thoutt Brothers . They did an exce ll en t job last year. Th ei r price s arc very competitive . We shopped it ou t a nd we ha ve co mpared ii • with what other c itie s ha ve gotten , as far as bid s go, this year . A coup le or minor exce pti ons ... ln st year Th outt was • tak ing trees out for $185.00. We too k out a lot or th em, beca use th at item sho uld have been aboul $ i ,400.00 and thi s year it has bee n raised 10 between $500 .00 10 $1,100.00 ... to be fa ir with them . Also . with asp halt patc hin g, we had 10 raise tha t uni l price a linle bit. That is what we are as king to do is to award thi s co ntr act 10 Th outt Broth ers for $428,535.00. One thin g that we do , as th e co mmuni cation slate s, is we include the Co ncrete Program. whic h has money that is pu t in th e PIF to provide handicap ramp s. II is ou r effo rt s 10 com pl y wi th ADA req uireme nts fo r the Ci ty. We incl ude those and if we have money for Missing Links sidewalks. we in clude th at work as well. in one contract . so tha t we get the economy of sca le. That is what th is package amo unt s 10 . The Concrc le Uti lil y poni on is ac tu all y, construction wise, $376,000.00, and we have anot her $52,500 .00 thal we would use for ramps . The Sidewalk Mi ss ing Links ponion has yet to be o ..... :mined. beca use we ha ve been using the Sidewalk Missing Links mone y as ou r mat r h on the TEA •2 I projec ts on Unive rsity and Be ll eview . Th ose projects aren't complete and we know wr. are still go in g 10 have :1 ba lan 1:c in those acco un ts, bu t we don't know what it is yet, so we will sec how that wo rk s out. I know th ere is so me side wa lk on Zuni that we have her , 1ryi ng 10 ge t in, for three yea rs or so. We have bee n waitin g on Xcel to move so me po les, so I think we wi ll be ab !.· 1 .. J J th at work thi s year as wel l. Mayo r Garre ll said is there any que sti on s reg ardi ng th e exte nsion. The re , ~-·: no ne . COUNC IL MEMBER BRA OSHA IV MOV ED, AND IT W AS SECON DED, TO AP PR OVE AG ENDA ITEM 11 (c) (II)· THE EXTENSION OF THE 20113 CONSTRUCT ION CONTRA CT FOR CONCRETE UTILITY 200-I , CONCR ETE PRO GRAM 2004, AND SIDEWALK MISSING LINKS 2004 TO THOUTT BROTHERS CONCRETE CONTRACTORS INC., IN THE AMOUNT OF $428,535.00 . Mayor Garrell a.!.kcd if th ere was any di sc uss ion. There was none. Vote res ul ts: Ayes : Na ys : Motion curried. Co uncil Members Banenlinc, Moore. Brad shaw, Garren, Wolosy n. Yurch ick. Toma sso No ne • • • • Englewood City Council April 19, 2004 Page 11 Director Kahm sa id did I ge t a nod 10 go fo rwa rd o n the opt-outs'! Council gave him 1he go ahead . Mr . Kahrn said thank yo u very much. 12. General Discussion (a} Ma yor's Choice (i) Ma yo r Garrett said las t Thursda y I had so mewhat of a dual rol e. Th e Spa ns Authorit y wa s elcc 1ed, or nomina te d, and wo n the Colorado Business of the Year by the Colorad o Ec onomic De vel ope rs Council. That wa s very nice . City Manager Sears and City Attorn ey Brotzman were there . (ii) Mayor Garren said May glh is tour of our Water Park. The letters did go out. They have pro bably hr.en received by quite a few people . In fa ct, this morning someone was thanking me for getting their letter, so they 11tc excited . It is fun to go by and watch that th ing grow and it really looks neat. (iii) Ma yo r Garrett said next week we arc doing our road show. Between 6:00 p.m. and 7:00 p.m. we will have a general di sc ussi on with citizens who come to the meeting . At 7:00 p.m. we will have our formal Srudy Session . We will loo k forward to seeing you next week. (b) Council Membe rs ' Choice (i) Council Member darrentinc said I want 10 thank Sue Osborne for following up with so me citizcr. questions regarding Code Enforcement. I want 10 thank Larry Medina, Code Enforcement Officer, for taking me on a tour of Distri ct I nnd giving me a little bit more insight into their job. And I al so want to thank Ken Ross for providing handicapped parking information 10 Linda and James Fall at 4100 South Grant and contacting residents on Oxford concerning truck traffic . (ii) Council Member Tomasso said on Thursday night the Historical Society is doing a presentation, Bungalow Heaven. dealing with the bungalow •style ans and crafts houses in Englewood . The person giving the presentati on is from the Col orado Ans and Crafts Society. It should be a very interesting program . They will have so me di scussion on how to add to your arts and crafts houses. You know, in an appropriate style, so it is conducive 10 the architecture and so me other things you can do for yo ur houses . So that will be in the Community Roo m at 7:00 p.m . on Thursday . (iii) Co uncil Member Yurchick sa id we may have resol ved thi s in that budget meeting on Saturday and I just don't remcm~r But I was wondering about the three Safety Ser vices po sit io ns that • fund ed through the middle or May. Mayor Garrett sa id Ma y 3n1 is wh en th at di sc uss ion will take place . Cit y?.. ,ager Sears said it is co ming ba ck with a presentati on with Chris Olson on th o!ie three in pani cul ar. (iv) Co uncil Me mber Wolosy n. I. She said I did atl end th e South Broa dway Pl an pre sentati on la st Wedn esday and I thought it wa s ver y positi ve in 1ha 1 yes , objec tio ns were voiced at th e be ginnin g. but then I think ove r the co urse of the evening . th e co nversati on deve loped into a prett y insightful and different so n or di sc uss ion about what we woulo Iii<~ South Broadway 10 be and why we have th is Plan . I think 1hat I sec 1he fo ct that we do want to improve th e qt1alit y or life or th e entire Cit y by 1ry ing to raise the fa ce or our City ... th at is so evident to me that I see it when I read it, but I think there is probab ly so meth ing 10 be said for addin g langua ge lik e th a1. I be li eve Co mmunit y Devel opm ent hea rd th at loud and cl e.i r and made notes on tha t. But I though t ii was a good plan and I thought staff, and ever ybody in our co mmunit y, han dled ourselves quit e well . It was fun . actuall y. 2. She said 1hc nex t mornin g I stood in fo r the Mayo r at the \Vas1cwat er Pl ant, witl 1 Gn ry Scars. Dan Brotzman. the Mayor or Littlet on and th e enti re staff or th e Waste wa te r Treatment Pl.:int, where we received a delegati on f~'>m Rwand an . Th e Pre si de nt coul dn't come. I think so me of the Slaff met him at an other build ing. aft er the di scussi o .111h e W..i ste w:11er Pl an t. It wa s very inlcrcs tin g and it was so n of humblin g 10 see wh o.I oth er peo pl e are deali ng with . I drove hom thinki ng , I get all or thi s fo r $100 .00 or $200 .00 a year? I think th at was what the y Englewood Cily Council April 19, 2004 Puge 12 said I can't remember. It was a wo nde rful op(X)rtunit y 10 mcc 1 J)(Oplc fr om another co unt ry, sec their pro blems and put what we do in pc rs pcc1 ivc. I wa nt ed to co mm end all or yo u. I tho ugh1 yo u did n wo nd erful job. 3. She sai d I had rcquc slcd a waive r o f th e Swcdis~ ba nne r fee. However. subscqu cnl convc rsilli o ns wi1 h th e City An orn cy made me realize th at it is ac tu all y not necessa ry. The Cu ltu rn l Art s Comm iss ion vo ted to sponsor one o f th e Dala Horses that Swedi sh is ha\'ing painted and pl aced through o ut the communit y. as part ofan awareness plan. Every spon so r of $3,000 .00 or more receives one of these blank Dnl:, Horses, which is the littl e horse yo u sec at Chri stmas lime pain 1ed red ... th at is part of Swedis h traditi on. So, to mBke o lo ng story short , sin ce th e City is sponsorin g th e Swedish Shots fo r Tots program th ro ugh 1% for the Arts mo ney. we ca n ha ng th at wit ho ut all the red tape of a resolutio n. I just wa nl cd 10 keep everybody up 10 date o n that 4 . She sa id thank yo u fo r j>a ss ing th e proclamatio n. 5 . She sa id o n Saturday, E nglewood Arts is hav in g a matinee c hamber concert, Beethoven Scp1 c1. 13. City Manager's Report (a) City Manager Scars sai d we were at the India exhibit, through the Museum of Outdoor Ans, on Thursday night und I th ought it was a well done. (b) City Manager Scars said I al so wa nt to t1dd that Mr. Fo nda did do a n o utstanding j ob with the Rwandan delegatio n. They were very intrig ued with o ur fo c ility. I know he wo uld like to do a n e xhibit a t some point in time down the road, maybe fo r Co uncil or for c it izens. • (c) Cit y Manager Scars said I am going to be out of town for a couple days at the end of this week My wife has an opportunity to travel and I am going to travel with her. So Mike will be here and "~.aling with the • Tri•Citics meeting Friday morning. 14 . City Attorney's Report City Att orney Brotzma n did nor have a ny matte rs to bring befo re C~uncil. 15 . Adjournment MAYOR GARRETT MOVED TO ADJOURN . The meeti ng adj ourned at 8:20 p.m.