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HomeMy WebLinkAbout2004-05-17 (Regular) Meeting Minutes• • • ENGLEWOOD CIT\' COUNC IL ENG LEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session May 17,2004 I. Cnll lo Order The regular meeting of the Englewood City Council was called to order by Ma yor Garrett at 7:32 p.m. Mayor Garrett sai d last ?ri day we lost a member of our family. One of the ~hi ngs rhat we cherish in Englewood is our sense of co mmunity ,i nd that is shown through our citizens , the people that work here and the people that work for the ci tizens of Engle wood. So, if we could ha ve a moment of silence for Tina , ht.:r children, her family and her extended family. There was a momen: of silence. Mayor Garrett said thank you very much. 2. Invocation The invocP.tion was given by Council Member Barrentine . 3 . Pledge of Alleslanct The Pledge of Allegiance was led by Mayor Garrett. 4. RoU Call Present : Absenl : A quoru m was prese nt Council Members 1.,m.asM), Barrentine , Garrett, Bradshaw, Wolosy n, Yurchick Couno :il Member Moore Al so present : City Manager Sears 5. Minutes City Attorney Brotzma n Assistant City Man11ger Flaheny Ci ty Clerk Ellis Directo r Olson , Safety Services Director Ingle , Inform atio n Technology Direc1or Fonda, Utilities Director Simpson , Community Deve lopme nt Manager of Open Spa ce Lee (a) COUNCIL MEMBER WOLOS\'N MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 3, 2004. Mayor Garrett asked if there was any di sc ussion or comments. There were none . Vote results: Motion carried . Ayes : Nays: Absent : Council Members Barrentine, Bradshaw , Garrett , Wolosy n, Yurchick, T'>masso None Counci l Membe 1 Moo re Englewood City CouncH May 17,2004 Page 2 6. Scheduled vlsllors Th ere were no schedu led vi si1 ors . 7 . Unscheduled Visitors (a) Cy nd i Krie ge r, 2987 South Cherokee Street , sai d I wa s reading the City Co uncil minutes from April 19th and you were discussing the Concrete U1ility. 1 am one of 1he homeowners that opted out and I was noti cing that you said when you opt back in , you ha ,c to pay for all years that you have not bee n in since they stancd the utilit y. And. she noted, if you were out for twenty yCMS that cou ld be a lot. They sa id that so me homeowners ha ve been asked to opt back in prior to a sale . If the concrete has to be up to snuff by the time you opt back in, then it is not fair that you should ha ve to pa y for services you rlid not receive for all those years when you opted out. I think yo u should loo k at changi ng that, if what I understood from the minutes is correct. Bccaosc , if you were out for twenty years and you had to opt back in, you a.re paying for services you did not receive and I don't think that is right. Thank you . Mayor Garrett thanked Ms . Krieger. lJ you stay until the end of the meeting , I will be glad to address that is!tue , he sai d. 8. Communlcalions, Proclomatlowi and Appointments (a) A !euer from Dorothy A. Martinez indicating her resignati on from the Engle wocd Liquor Li censing Authority was considered . COUNCIL MEMBER BARRENTINE MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF DOROTHY A, MARTINEZ FROM THE ENGLEWOOD LIQUOR LICENSING AUTHORITY. Mayor Garren asked if there was any di sc us sion. There was none . Vote results: Ayes : Nays : Absent: !~otion carried . Council Members Barrentine. Brad shaw, Garrett , Wolosyn, Yurchick, Tomasso None Council Member Moo re (b ) A letter from Jo.me s M. Johnson indicating hi s resigna ti on fr om the Englewood Code Enforcement Advisory Comm iuce and the En glewood Election Co mm iss ion was co nsi dered . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF JAMES M. JOHNSON FR M THE ENGLEWOOD CODE ENFORCEMENT ADVISORY COMMITTEE AND THE ENGLEWO r ELECTION COMMISSION, Ma yor Garren asked if there was any di sc uss ion. The re wa s none . Vott results : Ayes : Nays: Absent: Moti on carrie.1 . Counci l Members Barrentine , Brad shaw, Garrell, Wolosy n, Yurchi ck, Tomasso None Counc il Mem ber Moore (c) A procl:tmation proc laiming June 3. 2004 as Special Olympic s Co lorado Law Enforcement Torch Run Day in Englewood was co nside red . • • • • • E nglewood Cil y Co uncil Moy 17, 2004 r ogc 3 Ma yor Ga rren sa id we di sc ussed thi s bric ny al th e Study Sess ion. Two of our people will be 1orc h beare rs during that run . CO UN CIL MEMB ER BRADSHAW MOV ED, AND IT WA S SECON DED , TO APPROVE AGENDA ITEM 8 (<)·A rROCLAMA TION PROCLAIMHIG J UNE 3, 2004 AS SPECIAL OLYMPICS COLORADO LAW ENFORCEMENT TORCH RUN DAY I.~ EN GLEWOOD. Ayes: Nays: Absent: Moti o n carried. Cou nci l Members Barrentin e, Bradshaw, Ga rrett . Wolosy n, Yurchick. To masso No ne Co un cil Membe r Moo re Mayor Garrell pre sented th e proc lamati on to Sc rgca nt Jo hn Kno•h. Sergeant Knoth said I am with the Department of S fc ty Services Traffic Enforce ment Tea m and I wanted 10 than k yo u for thi s procla mati on. I recentl y beca me in ~r !r .. .d as our Coordin ator fo r the Special Olympic s Co lorad o and as part of that I am still learn ing. This was just a few raonth s ago , so I am still learn ing eve ryth in g that is involved wi th it. The la rch run itself is the larges t ponion of the fund rai si ng fo r th e Specia l Oly mpics Co lora do. II ser ve s nol onl y the ath letes th at panicipatc, but also their fomilic s. h gives them a ch:mcc to reall y experience an awfu l lot of thin gs that a lot of th ese people wou ldn 't be able 10 otherwise. When I say people , it is not just kid s. I think 11 lot of times we think lhat Special Ol ympi cs is just for the kids, but it is not. I bel ieve th ey ac tuall y have one 82 year ol d athlete . It is quite a benefit to the familie s that wo uldn't be ab le to afford !he experie nce th at a lot of these people get through Special Olympics . We arc goi ng to do a larch run ... the torch run will actu 111ly bypass Engl ewood . ll will co me to our eas tern bord er on June 3rd• I have prepared a lette r, as a way of explan11tion and information fo r all of yo u and also an in vitation to come out and wa tch 1he torch as ii passes by our Cit y. Right now we have four runners that arc signed up to pani ci pate in th11t and hopefully by Jun e 3rd I may have so me more runners. But , that is how they rai se lh e money for the Special Olympics . There is a $25.00 fe e fo r the runn ers and any spo nsors or pledges th ot they can pick up olong the way goes to help the Speci al Olympi cs also. If anybody has any questions , feel free to give me a call . I think I left my num ber in th ere. If not, yo u know where to find me . We wo uld like to see as many people out there as we ca n in suppon of our runner:;. Director Ol so n wi ll be runnin g in the torch run wi 1h three other offi cers . II is fo r law enforcement perso nn el only. but we wou ld like to make a good show thi s year. Thank yo u very much . Co uncil Member Ba rrentine said th ank yo u for yo ur in vo lvement and co ngratu lat ions. There was appl ause. 9. Public Hearing No pub li c hearing wa s sc hedul ed before Co un cil. JO . Consent Agenda (a) Appro val of Ordinances on Firs! Readi ng There were no ad dit io nal ilems sub mined fo r approva l on fir s! read in g. (Sec Agenda 11cm 11 . Reg ular Age nd a.) COUN CIL MEMBER BRADSHAW MOV ED, AND IT WA S SECONDED, TO APPROVE. CONSEN T AGENDA ITEMS 10 (b) (I), (ii ) nnd (iii) AND IO (<) (I). (b) Appro va l of Ordi nances on Seco nd Rendi ng (i) ORD INANCE NO . 27 . SER IES OF 2004 (COU NCIL BILL NO . 23, INTRODUCE D BY COUNC IL MEMB ER BRADSHAW) AN ORDINANCE AUTHORIZ ING AN INT ERGOVE RNM ENTAL AGREEMENT BET WEEN ARAPA HOE COMMUN ITY COLLEGE/A RAPA HOE -DOUGL AS CAREER AND TECHNI CAL SCHOOL AND Tl-IE CITY Of ENGLEWOOD PERTA INING TO THE BUILDIN G Of A SIN GLE FAM ILY RESIDEN CE AT A SIT E TO BE DETERMI NED. Englewood City Council May 17, 2004 Page 4 (ii) ORD INANCE NO . ~8. SERIES OF 2004 (COUNCIL BILL NO . 24. INT RODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING THE SALE OF THRE E HOUSING REHAB IL ITATION FUND PROPERTIES , ON THE OPEN MARKET . (iii) ORDINANCE NO . 29, SERIES OF 2004 (CO UNCIL BIL L NO . 25, INTRODUCED BY COUNC IL MEMBER WOLOSYN) AN ORDINANCE AUTHORIZING A SUBORDINATION AGREEMENT BETWEEN COLORADO HISTORIC FOUNDATION REV OLVING LOAN FUND , COLORADO PRESERVATION, INC. AND THE CITY OF ENGLEWOOD , COLORADO FOR THE REHABILITATION OF THE SKERRJlT PROPERTY. (c) Resolutions and Motions (i) CONTRACT WITH VISION INTERNET PROVIDERS , INC . FOR A WEB SITE SERVICES AGREEMENT FOR WEB REDESIGN AND WEB INFRASTRUCTURE IMPROVEMENTS IN THE AMOUNT OF $47 ,815 .00. Vole results: Motion carried . Ayes : Nays: Absent Council Members Barrentine. Bradshaw. Garrett , Wolosyn , Yurchick, Tomasso None Council Member Moore I I. Regular A1enda (a) Approval of Ordinr nces on First Reading (i) Director Fonda pre se nted a recommendation from the Utilitie~ Department to adopt a bill for an ordinance approving Southgate Supplement #156 for inclusion of 5420 Soul Colorado Boulevard into tJ1e Southgate Sanitation Di stri ct. He said this is just standard inclusion that is surrounded by Southgate. We are commiued to serve by contract and we reco mmend inclusion ... that it be permitted to br. induded in the Di strict. Mayor Garrett asked if there were any questi ons for Mr. Fonda . Council Member Yurchick said do they have 10 pay fo r 1he hoo kup? Mr. Fonda sa id yes. everything else is stand ard. This is just to include them in th e District so the y ca n hook up. Ma yo r Garrett asked if there were any oth er questions. COUNCIi, MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA IT EM 11 (a) (I), COUNCIL BILL NO. 27 . COUNCIL BILL NO . 27, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINAN CE APPROVING SUPPLEMENT NO. 156 TO THE SOUTHGATE SANITATION DIS TR ICT CONNECTOR'S AGREEMENT FOR THE INCLUS ION OF LAND WITHIN THE DI STRICT BOUNDARIES . Mayor Garrett asked if there wa s ony di sc ussion . There was none . Vole results : Ayes : Council Members Barrentine, Bradshaw , Gmet'. Wol os yn , Yurchi ck, Tomasso • • • • • • Englewood Cily Council May 17, 2004 Poge 5 Nay s: Absent Mo1ion carried . None Council Member Moo re (ii ) Direct or Simpso n prese nted a rec omm endati on from 1he Depa rlm e nt o f Co mmunity Deve lopme nt 10 adop l a bill for an emergency ordinan ce auth orizing temporar y suspension of secti ons of the Englewood Muni cipa l Code perta in ing 10 all owed hours and days of ope rati on of r-armers Markets in the City of Englewood. He said before yo u tonig hl is an emergency ordi nance rcques 1ing a temporary suspe nsion of enforce ment ofEngl r.wood Mu nic ipal Code 16-5-5 (E) (2) (c) relu1ing 10 tempora ry use in th e new Uniform Development Code . We arc, as you may be awa re. going to be hav in g a summer Farmers Market here at Ci tyCcnte r Engle wood. It wi ll be operati ng as proposed in the co ntra ct between the Engle wood Environmental Foundation and the vendor, Platte River Markets. We will be operati ng on Saturday and Thursday evenings. Our UDC only provides for Farmers Markets to be ope ra.led one day a week. on Saturdays, between 1he hours of 6:00 a.m . and 2:00 p.m. Wh al th is does , is ii prevents thi s panicular contra ct from being ab le 10 be implemented, due to 1he Thursday night aspect We no 1cd lhal when we implemented the UDC that there may be instances where we may ha ve 10 amend it and thi s is j ust one of those 1jmes . We are requesting that yo u approve this emergency ordinance on fi rst reading tonight and we will ha ve a sccund readi ng on the 7111 ,..f June. If all is approved by Co unc il , 1he Thursday night Farmers Market will begin on June 17th • Ma yor Garrett asked if there were any ques ti ons for Mr . Simpson . There was none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (a) (U) • COUNCIL BILL NO. 28. COUNC IL BILL NO. 28, INTRODUCED BY COUNC IL MEMBER WOLOS YN A BILL FOR AN EMERGENCY ORDINANCE ESTAB LISHING A TEMPORARY SUSPENS ION OR MORATORIUM OF TITL E 16, CHAPTER 5, SECTION 5, SUBSECT ION (E), NUMBER (2), PARAGRAPH (c), OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAIN ING TO FARME RS Ml .lKETS FOR A PERIOD OF SIX MONTHS . Mayor Garrell 11Sked if there was any discussion . There was none . Vote r esults: Ayes: Nays: Absen t: Moti on carr ied. Cou ncil Membe rs Barren tin e, Brad shaw Garren, Wolos yn. Yurchick. Toma sso None Counci l Member Moo re Mr . Simp so n sai d we will be co min g back with an ordinance amending the Code . (b) Approval of 0rdinances on Sec ond Reading There we re no additional items sub mitt ed for appro val on seco nd n:ad:ng. (See Age nda hem 10 . Consen t Agenda .) (c) Reso luti om ,md Moti ons (i) Manager Lee pre senled a rec ommendation from !he Depanmcnt of Parks and Recreati on 10 approve, by mo tion , a contract to Jim 's Pride Land sc aping & Main ten ance. Inc . for land scape maint enance along Santa Fe Dri ve , Hampden Avenue, and Broadway. in the am oun1 of$55,070.00 . He said the bid is for the lowe st technically acccp1able bidder. Jim 'i. Pride Land sc aping . The maintenan ce con1rnct is fo r Sou th Sa nt a. r'c, Broadway and th e Hampd en medians. These are the are as where there are grecn sc apcs or land sc ape onl y it nd thi s excl ud es Sheridan·s po rt ion oth er th an what we would normall y share wi th th em. such as the irriga tio n and elcclri cit y. Mayor Garrell asked if there were any que stio ns fo r Mr . Lee . E nglewood City Counc il May 17,2004 Page6 Cou ncil Member Yurc hi ck so id docs th is still continue th e night ti me mainie nancc sc hedu le, ra the r thnn during 1he d ay? Mr. Lee said. 1hc ni ght time sc hedule , yes . COUNCIL MEMBER BRADSHAW MOVED , AND IT WAS SECONDEIJ , TO APPR OVE AGENDA ITEM II (c) (I)· A CONTRACT WITH JIM'S PRIDE LANDSCAPING & MAINT ENANC E, I N.,, FOR LANDSCAPE MAINTENANCE ALONG SANTA FE DRIVE, HAM DEN AVENU E, AN ' BROADWAY , IN THE AMOUNT OF $55,070.00. M ayor Garrett asked if th ere was any discussion . There was no ne. Vote results: Ay es: Nays: Absent : Moti on carried. 12. General Discussion (a) Mayor's Choice Council M c.notrs Barrentine, Bradshaw. Garrett, Wotosy n, Yurchick, Tomasso None Co unc il Mcmbtr Moore Mayor Garrett ~a id I just woulJ like to th ank Lieutenant Collins for hi s memo addressing the concerns that came up at the last community meet ing . I appreciate the time and effort that took. It was qu ite helpful. (b) Council Members ' Choice (i) Council Member Wo losyn: 1. She said I did like yo ur memo . It was ill f ..... , • .1Nive and you c,en let us know more than we knew was at hand . I like !hat 2. She said thi s morning I had the privilege of meeting with Bob Simpso n, Hnrold Stitt and Juli e Haines of the Louis Berger Group . This is the group tha t sponsored Haro ld 's trip to (nd ia , where he brought what we know to their projec ts . It was reall y informative and inspirin g. because she made it clear that the things that happen in the United St:uc s, success ful projects like th is that nre inno vative , reall y have an effect for awtty in the world and give devel oping countries the incentive to try th ese projects . She sai d that a number of times and we all ::tgrecd th at it would be good to co ntinue the relati onsh ip in the tutu.re . 3. She sai d I wa nt 10 th ank C,Ju ncil fo r th e sponso rship of the KEB fo ursomes . 4. She sa id ii cam!! up at thr: las l mee tin g that some of 1he info rm ati on in the Code Enforcement fl ye r is probably mi slead ing and ii happ~ns 10 be italizcd in the second sec ti on under sc reen in g, "A ny screened veh icles shal l not be visi bl e from adj ace nt properties and pu bli c righ ts•of•way ." This isn't reall y co nsistent with Council 's agree ment not 10 alter our cu rrcnl fencing . whi ch is 6 feel. So. I think ma ybe we need so methin g to say thal th e curren t fencing ordinance is adcquale to meel sc r<"cn ing. 1 think we need 10 do as much as we ca n to mitig ate. Co uncil Member Brad shaw said we wer<:n't even goi ng to deal with th e fe nci ng at th at time . Council Mem ber Yurchi ck s:1 id I thought we agreed on 6 feet , whic h is good enough coverage . Both Ms. Bradshaw and Ms. Wolosyn sai d thi\t is righ t. But , Council Member Brad shaw sa id , th at isn'I how it ha s been enforc ed, to my understanding . (i i) Co uncil Member Barrentin e said I wa nt to th ank Stu Fonda fo r th e tour th at we took of the Bi•City Pla nt and the Water Plant. I wa nted 10 nlso thank Bill McCormick , over :u the Water Plant . he did an exce ll en t job nnd Greg Fa rm er a1 th e Bi •C ity Plant who also gave !he presentati on they had given to th e people from • • • • • • Englewood Clly Council Muy 17, 2004 Puge 7 Rwandan . He had even spru ced ii up sinc e 1hcn. h wa s absolu!cl y fan tasti c nnd a lot of wo rk and effort went int o 1h111 . So thank yo u, she said . ii was well wonh it . (iii) Cou nci l Member Brad shaw : I. She said kudos to staff fo r the excellent Ci tize n of 1he Year progra m las1 week. Plea se pass 1ha1 on. 2. She s,id th e South Suburban Par k Foundati on hn s run into n liule bi t or a problem with Big Dry Cree k. 1r we fini sh that segment on the sou 1h end of Big Dry Cree \;;, we sti ll need 10 address the rip -rapping th at needs to go on lhe north side. Mr. Lee said rip-rapping means rock d,al stops erosion . Ms . Bradshaw sa id it is on hold until we can get 1hc .idditional fund s from Urb:m Drainage , because we don 't want 10 put in all th is new stuff :md then hnve them traipse over it to go to the other side . So, thal is on ho ld right now . 3. She said we have: an odd situation in my neighborhood and I talked to Gary about this . We had a fox kil that was paral yzed on the hill down from my house . Someth ing is k..illing lhe foxes in that area, because they are finding fox parts. I thought foxes were preny tenacious, but somet hing paralyzed the liule kit so it couldn't move . called Colorado Human . They said they don 't do anything unless it is dead . I called lhc Wild Life and they said they we re under funded so, ,.,body could come out. So, the neighbors and I kept putting water on th is kit I help it fee l comfortable, but it w,s dying and nobody wou ld come out. .. no one . Tht"n once it died we took it to 1he Human Soci ety and they took care of the body, but this was a horrible thing for these kids . There were IO littl,; kids there . The adults were running arou nd trying to figure out what we can do. I ca lled lhe Englewood Police, 1hey said they didn 't do that. Code Enforcement w.isn't available. I called Dispatc h agai n to !-=CC ii that is really what they meant. Thrn I called the Colorado Wild Life and called the Humane Society while other neighbors were calling other people so they probabl y got 50 calls from our neighborhood at •he sa mt time , but it was a real stress ful si tuation for the kids watching that And, I don'I know what we ca n do when it is wi ld life . Mr . Lee said we arc running into the sa me problems out at the Golf Course and in the Parks . Typically, I found none of th ose agencies arc willing to help or assist because they arc undermanned and understaffed . The only thing I can suggest in the futu re would be any form of animal rescue. Ms . Bradshaw said I called the rescue guys and they asked if it was dead . I sai d no and the y said when it is dead they will come and get the body . She sa id that is not the problem . Mr. Lee said Anima l Re sc ue ? Wo\\, that has not been my experience in the past. Ms. Brad shaw said 1hi s was a Saturday. Mr . Lee sai d so me of them are good and some of 1hem aren't. Maybe a veterinarian? But anywa y, Ms. Bradshaw sa id , I think we ha ve a mountain li on. Could we h.ive so mething running in the creek like 1ha1? Mr. Lee sa id coyotes will also kill fox es, when they arc in the sa me territory . Ms . Bradshaw sai d in lown ... would they be that far in? Mr . Lee sai d yes, they will follow any of the ripari an waterways . Ms . Brad shaw said if something is down there . what wou ld we ha ve to do? Ca ll yo u and sny th ere is something runnin g in Big Dry Creek killing foxes? Mr . Lee sa id I don't know 1ha1 any of the agencies will respnnd to so mcth in • like thn1. We ha ve seen that before wi 1h pre ny mu ch a nyth in g other than maybe if a deer has been hit . They wil ! .:o me ou1 for some th ing lar ge r, but geese, any of those thing s, raccoons ... the y don't tend to care I gues s. Ms . Brad sha w ~aid yr.s. we had a raccoon electroc uted nnd ii just hun g there until Xcel came over. II was uwful. 13 . Cily Manager's Report (:i.) City Manager Se:i.rs sa id jus1 to re mind Cou ncil 1hat r ext week we arc at 1hc Malley Center. We have three issue s that · ~ need to .1ddress. We don'! know exactly how long thal will take, bu1 ch e Pub!i r Forum will Mn rt nt 7:00 p.m . In response 10 ques1ions from Co uncil. Ci ty Manager Scars sai d 1he Study Se ss ion will starl at 6:00 p.m. a,1d it will probabl y 1:ikc about 45 minutes 10 cover the 1hrec iss ues. (b) Ci1y Mar.ager Sears we are off on Mem orial Dny . the 3Ii\ so our next regu lar mecling is June th. Englewood City Council May 17,2004 Page8 14 . City Altorney's Report Cit y All orncy Brotzman did not ha ve any mailers to bring be fore Council. 15 . Adjournment •