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HomeMy WebLinkAbout2001-04-16 (Regular) Meeting Minutes• I. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Reaular Session April 16, 2001 1 u >, , 1 'mn11~l1a, Jot I It 11 r .,!'&.:1 The regular meeting of the Englewood Cit y Counc il was called to order b) ~ layor 'l .uns at 7:41 p.'11. 2. lnvocallon The invocation wu given by Council Member Nabho lz. 3. Pied&• or Alleafance The Pledge of Allegiance was led by Ma yor Bums . 4. Roll Call Present Absent: Council Members Nabbolz, Grazulis, Gamn, Bradshaw, Wolo syn, Yun:hick. Burm None A quorwn was present. 5. Minutes Also present : City Manager Sears City Attorney Brotzman City Clerk Ellis Director Ross, Public Work.s Director Gryglcwicz, Fi..na.DCC and Administrative Services Manager of Open Space Lee, Parks and Recreation Director Simpson,. Community Oe\'elopmc:nt (a) COUNCIi . MUUIER GRAZULIS MOVED, Al'\'ll IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL :\IEETING OF APRIL 2, 2001. COUNCIL MEMBER BRADSHAW CORRECTED THE ll1INUTES BY ADDING THE WORD "AND" ON PAGE 11, ITEM 12 (a) (I), SECOND PARAGRAPH, THIRD LINE, TO READ: IN THE GOLDEN TRIANGLE 6li,12 IN THE ST. LUKE 'S AREA. COUNCIL MEMBER GRAZULIS ACCEPTED THE CORRECTIO:'<. Vote results: Ayes: Counc il Members Nabbo lz, Gam:n. Bradshaw, Wolosyn, Yurchick, Gruulis , Bums Nays : No ne Motion carried and the minutes were appro ved as amended. 6. Scheduled Villtors Enalewood City Council April 16, 2001 •••• 2 (a) Tom Sauer, All Souls School Athletic Dir«tor, introduced Bill Moore, Principal of All Souls School, Robin Smith , President of the Home School and Joe Garrity, who has been the big catalyst for All Souls to try to help put the field together at Ccnlc:Mial Par!:. We consider it 11 real honor, he said, to be pan of this partnership with the City and the Colorado Rockies and we would like to give you a check for S 10,000.00 as pan of our contribution for the development of these fields . Mr. Sauer thanked Council . Mayor Bums accepted the donation and offered hi ~ thanks. Council Member Bradshaw thanked All Souls . Mayor Bums advised 1ha1 the ground breaking for the Youth Rockies Field wou ld be April 27111 111 Centennial Park and everyone was looking forward to thilt. (b) Barbara J. Hodge , 3271 South Galopago Stree~ addressed Council regarding a petition she: had submincd requesting the implementation of permit parking on Fox, Galapago and Huron between Floyd and Eastman. We have become aware, she said , that there appears to be a severe parking prob1cm and we appear 10 have become an overflow parking, 111 the present lime, for the light rail. It is creating a 101 of problems in the neighborhood and we are, I think, very justly concerned with the shortage, of what we can tell so far, of parking areas allotted for the new apanmcn1 building going up . We arc concerned about being in such close pro ximity to the entrance 1md it is 11 very, very large opening through there. Ms. Hodge opined that there is going to be a problem. I was 1old by 11 lady in 1hc parking violations department, when we had a probl em with the ballgame parking , that it is public parking and that we should just get used to it. Ms . Hodge advised that the lady in the parking vio lat ions department suggested Ibey find alternative parking. Which. she said. I find totally unacceptable. We w.i.nt to work with the City of Englewood, we like it here. I think it is a good City. We choose 10 sui y here and live here . I don't believe though. that we should be giving up any of ou r rig'ns us tenants and homeowners in the area, for apanment dwellers. We, quite frankly, feel like we arc t ti•15 ki.1d of overlooked in all of th is. You have the pe tition. she said. and I think we had everybody sign on South Galapago anJ there were only ii few I didn't get on ~ou1h Huron and South Fo,c and !hat was because t~ :1 were not home or on vacation. I didn't have any oftht: people that we solicited for sigruitures decline to ?.1 1dfl. They 311 thought it w:is a very good idea. We do resent our streets being used 3S overflow parking . We support the Ciry Council, we suppon the Ci ty of Englewood and we arc asking now that you stt1.nd and suppo n the citizens and approve our petition. Ms. Hodge thanked Council. Mayor Bums thanked· -'s. Hodge for coming. He noted he had 3 couple of comments. Firsl, we promised the neighborhood that we would not route traffic through their ncill!hborhood from this new development, he said , and that is why the wan is behind Wal-Man and the condominium development. I think we have kept that promise. He advised th.at the light rail is starting to over park. for the first time, in the last couple months and RTO has an option for 500 more sp:ices there. Unfonunately, if they construct those they are going to have to go up, so we will h3Ve to hnve a parking structure. We talked to 1hem about ten days ago, he said, and he t1.nd City Manager Gary Scars ,viii have lunch with them on Friday about these issues and the General Iron Works site. They don 't have the funds right now , at RID. to build a 5500 million parking strucrure, but we want to meet with them abo'.11 surveying to find out where the people are coming from who park there. Mayor Burns pointed out th3t !hei r statistics show that 60% oflhc riders on the light rail are first time users oftr:msit. That means the y nre nol used to ridin g a bus . He noted there ar~ seven bus bays underneath the bridge ove r here, so we arc trying to educ.ate some of 1hcse folks to go 10 a puk-n-Ride mnd come in on a bus. rather than a c:ir, but some of the park-n-Rides are not ava ilable the wa y we would like them 10 be available . He said l do n't a1s,1"cc, and I don't think the Council agrees, that your neighborhood should bc used for overflow t'arking . TI1at is not what we had planned .. 1 all . As you sai d. this happened because of a Rockies game und this can happen agt1.in . I myself, renlly appreciate your petition. he said. I think tlun 1his is a problem we need 10 solve . The co ndommiums arc supposed to self- park on the inside, we don't plan that there will be overflow parking from the condominiums that wHI flow into the neighborhood . We arc also experiencing overflow pilrk.ing at Cushing Park . 1\-fo yor Bums staled • • • • • EaaJewood City Council April 16, 1001 Paee 3 I ) l,0011•1 t;I IQUL,ll l11ql I 1,211 that this is nol what we want and we have lalcen this up vety seriously with RTD. They told us, 11 one of their visionina sessions a couple of weeks ago, that If they bad another vote on increasing th,ir tax th I they would include this parking sttucture and cxtcndina the light roil to Hi1hl1nds Ranch. Bu~►·: ;,:,intod out, that is not any kind of immediate solution. That is two or three yc:an down the road, ~. w ~.: :,or ar a11 satisfied with that solution. Franl.:Jy , he said. the politics on the RTD board appc.w ,,a,., :• slnr~ Wt nave a light rail line, now, of course, everyone else is clamoring for theirs . A coupler '· S:..a o they clidn 't know whether thi1 was going to work and oow they know it does , so they don 't .n: to spend any more money on this line until they get their own. 111at is son of the parochial politics of various members of the RID board. But still we are going to meet with them on Friday and talk some more about these issues. We are very interested in doing: something about this . But, frankly, we don 't want your neighborhood impacted every time there is :i. Rockies game or a week.end Rockies game. During the week is worse, be noted. because then those going to work are parking th ere as well . He advised that th'!sc arc challenges we are going 10 take up with RTD. They have also told us that we would have more puking al Oxford, but they didn't acquire a site for th.lat. Mayor Bums commented that we havcjus, a lot of parking issues with RID. It is son of a nice problerr. to have, in a sense , as this means there are a lot of people using light r1il. But we didn't mean for this 10 impact your neighborhood and I don't think Council wants that. We 1pprec U1e your petition, he said. :ind we will have our staff and the Public \''orks Department look it over. We melln to do everything we can to solve these problems and not have them impact your neighborhood . And, frankly, I don't reall}' want staff members saying "get used 1c, it, because it is a public street." I don 't think that is a prope r respons e, he said. Ms . Hodge stated that ~he was told they needed to consider finding alternate parking too . I said I really don't go along with Wt, she said, and the lady said. .. well, we really do like our vehicles don't we." I said yes we do, but when you work all day and come home and you can't get within three or four blocks 'lfyour home, that is unacccp1a.ble. Mayor Bums pointed out that that is where you live, the other folks are going to a ballgame , they :an choose iln alternate. Ms . Hodge noted it is not just light rail. In the beg inning, when the apartment construction wu planned. I believe they had planned one and a half car parking per apartment Well, she maintained, in this day and age that is ludicrous . There are 59 people where I work, she said. singles and married couples , and I took a survey there and there were ten single people and of those ten single people, seven of them bad two vehicles, two of them had three vehicles . They are saying there are one , two and three bedroom units and they arc allotting two ,·chicles per unit and for a one bedroom they arc allotting one vehicle . What if they have a couple in a one bedroom unit. she asked . She pointed out everybody likes vehicles . They have their spans vehicles, th ey ba\·e their piclcups and they have their pleasure vehicles. I tried to fmd out. she said, how many p.i, 1ring 'ipaccs were actually alloned in there and she would not tell me . Mayor Bums said what this docs, in this development and others around the counrry, is that when you restrict parking like that, what that forces the people who live there to do is to make a choice before they move in. Some will nc,t have a vehicle at all whe n they move in there . This is happening in Portland. Oregon and other places where this bas been done . This is inlcntion.al , as this is what tr:insit oriented development is about, it is one of the key clements . If you live in a unit where you want to use that light n i l. the .1 you make a choice that that is how you would like to go to work and go downtown and go to sporting events or whate ver. You will have 10 ma.kc a decision that you will not have the nonnal compliment of vehicles if you arc going 10 live in this panicular place . It is not a siruarion where everybody has whalc\·cr the y want and if they don '1 have enough parking in that condominium development then they spill out into the nei&hborhood.s with other parking . He stated that is not what we intend with this. We intend that they make II decision before they ever move in that the y arc not going have the kind of vehicle access from there that they would nonnally have. The y have to make that decision before they come in . Eaatewood City Council April 16, 2001 P11e 4 ) /JjJ '"'""~':11l'i If J! 11 Jnq / (' 2 1 Ms. Hodae poin1ed ou1 lhey will have visi1ors and cJmpany. Ralher than wait until lhings gel 10 that point, she said, we wan1ed to ask lhe Ciiy Council to address it now and tha1 is why they presented lhc petition,. Mayor Bums staled he appreciates them doing that. Ms . Hod&c commented 1ha1 when 1hc light rail builds a parking structure , she thinks ii should be looked at ag,in. But I would really like the pennined parking now, she said. Mayor Bums said he understands. Council Member Bradshaw said, ii.I this point, she would just like to instruct staff to meet with the residents and work out a pcnnit system until we can come up with something bcncr. I think a pennit system is probably going to be the way we might have to go, she said, but I encourage staff 10 meet with the citizens. I rc111ly appreciate the classy way Ms . Hodge approached this problem, she said. She offered her thanks. Mayor Bums pointed oul 1ha1 Ms. Hodge did a good job, she go1 a Joi ofsign11tures ani he thanked her. 7. Unscheduled Vl,iton (a) Lewis Hoffman, 4920 South Inca Drive, advised that he wanled 10 talk to Council about a spons competition !hat he has been invited to compete in in Australia. It is called the 2001 Down Under lntemation.il Games, he said, and you have to be nominated to attend. Mr. Hoffman advised that he is a state qualifier and m the top 50, academically . He had 11 handout, which he presented to Council. The competition is in Australia, he said, and he has to raise funds to finance the trip . I have been going to Englewood businesses, he said, and people I know, asking for money nnd trying to defray some of the cost of the trip. He said he was just wondering if the City of Englewood would be interested in sponsoring the Color.do Cross Couniy Team The event is 5K, 3.1 miles, In response to Mayor Burns, Mr. Hoffman advised thnt he is a senior at Englewood High School. ~fayor Bums congratulated Mr . Hoffman on receiving the inv: ation to compete. He asked about Mr. Hoffman's budget for the trip. Mr. Hoffman advised that the toul cost for the trip is close to $3,000 .00 . He explained duu it is a twelve clay competition, with nine days in Australia and t.h!ee days in Hawaii . I will be competing with some of the fastest guys from, not only our country, but internationally. They are some of1he top SK runners around , so , he s:i id, he feels very honored and he will have to work pretty bard to keep up with those guys. Mayor Bums said we are honored too , because you are doing so well . Council Member Bradshaw suggested Council take it under advisement. She asK~d Mo·. Hoffman how soon Council would hJve to let him know. Mr. Hoffman advised that the deadline 10 h3\'e all the payments in is June I". I will be leavin g the 30111 of June, he said . "1ayor Bums advised Mr. HolTm:m 11..:it they would see whal !hey could do . He thanke d Mr . Hort,. fu coming and offered his co ngratulati ons . Council Me mber Bradshaw congnuulated Mr. Hoffma.n . ~-tr. Hoffman offered his appreci:ition and he thanked Council. 8. Communications, Proclamations and Appointments (a) Leners from Community Development Director Bob Simpson and Pl3Ming and Zoning Commission Chair Carl Welker requesting that Council declare a vacancy on the Ph1nn.ing and Zoning Commission were considered . • • • • Eo1lewood Clly Council April 16, ?001 Pas•5 II n ) bolH1.tI3n fUO! nJ li11I1 0 'l:J&i'f Mayor Bums noted that Council has the leners in fmnt on them regardina Commissioner Rlni:,p. Mr. Rininger has been on the Planning and Zoning Commiuion for some time. I thiok b, ~.,.. """" "'•ppointcd at one time, he said, but because of bis anendJocc problems we have been "((tl<Sl-::l to dcr,;.,n, • vacancy. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO DECL-Id;; A VACANCY ON nn: PLANNING AND ZONING COMMISSION. Motion carried . Ayes: Council Memben Nabholz, Ganott, Bradshaw, Wnlo~,n, Yun:biclc, Grv.ulis, Bums Nays : None (b) .\. resolution appointing Pnaici~ Mueller to the Englewood Planning and Zoning Commission was considered . Mayor Bums noted that Patricia Mueller was previously named as an alternate to the Englewood Planning and Zoning Commission. The resolution was assigned a number and read by title : RESOL!ITION NO. 29, SERIES OF 2001 A RESOLlITION APPOINTING PA TRICIA MUELLER TO TifE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO . 29, SERIES OF 2001. Ayes: Council Members Nabholz, Garren, Bradshaw, Wolosyn. Yun:bick, Grazulis . Bums Nays : None Motion carried . (c) A proclamation declaring the month of May as ALS Awartness Month was considered. ,-iayor Bums noted th11t ALS is Amyotro pttic Lateral Sclerosis, which is commonly called "Lou Gehrig 's 'Jise:tSc ." COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO PROCLAIM THE MONTH OF MAY AS ALS AWARENESS llfONm. Ayes: Council Mmtbers Nabholz, Garron, Bradshaw, Wolosyn. Yurchick , Cirazulis, Bums Nays : None Motio n carried . 9. Public Hearing No public he:iring was scheduled before Counc il. 10 . Consent A&enda COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS JO (a) (I) TIIROUGH (Iv), 10 (b) (I) THROUGH (Ill), AND 10 (c) (I) THROUGH (Iv). Eaclewood City Council April 16, 2001 P11e6 (1) Approval orOrdiuanm on Finl Readina ,,nu ) ,11 J 11111 t'll" :j IOU! di ll1tJ/ ~ t.'I (i) COUNCIL BILL NO . 17, IIITRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AMENDING TITLE 3, CHAPTER 4, SECTION 3 AND ADDING A NEW SECTION 18, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO THE CITY OF ENGLEWOOD NONEMERGENCY EMPLOYEES RETIREMENT PLAN . (ii) COUNCIL BILL NO. 18, IIITRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDIN ANCE APPROVING AND AUTHORIZING THE EXECUTION OF INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS FOR THE YEAR 2001 ARAFAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PRuGRAM BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD . (iii) COUNCIL BILL NO . 19, IIITRODUCED BY CO UNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF nvo INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS FOR THE 2001 ARAFAHOE COUNTY COMMUNITY D~VELOPMENT BLOCK GRANT PROGRAM BETWEEN THE E.NGLEWOOD HOUSING AUTHCRi TY AND THE CITY OF ENGLEWOOD. (iv) COUNCIL BILL NO . 20 , IIITRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AMENDING mLE 5, CHAPTER 3D, SECTION 3, Sl'BSECTIO :. ,1, OF THE ENGLEWOOD MUNICIPAL CODE 2000, WHICH PERTAINS TO OCCUPATION TAX FOR 3.2 BEER ON PREMISES LICENSES AND 3.2 BEER ON/OFF PREMISES LICENSES . (b) Approval of('lrdinances on Seco nd Readin g (i) ORDINANCE NO . I S, SERIES OF 2001 (COUNCIL BILL NO. 12 , IIITRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE APPROVING THE PLANNED UNIT DEVELOPMENT (PIJD) FOR CRAIG HOSPITAL CAMPUS LOCATED AT THE INTERSECTION OF SOUTH CLARKSON STREET AND EAST GIRARD A VENUE IN THE CITY OF ENGLEWOOD, COLORADO . (ii) ORDINANCE NO . 16, SERIES 0F 2001 (COUNCIL BILL NO. 13 , INTROD UCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AMENDING TITLE 11, CHAPTERS I AND IA , OF THE ElsGLEWOOD MUNI CIPAL COD E 2000 PERTAINING TO TRAFFIC AND PARKING ENFORCEMENT. (i ii) ORDINA NCE NO. 17, SERIE S OF 2001 (COUNC!L BILL N0 . 16, IIITROD UCED BY COUN CIL MEMBER GA RRETT) AN ORDINANCE AUTHORIZING A "LICENSE AGREEMENT' FOR TELEPHONE, WATER AND ELECTRIC ACROSS THE CITY DITCH TO POAG AND McEWEN LIFESTYLE CENTERS- LITTLETON L.L.C. • • • • 1a,1 ... oo<1 City Couacll Aprll 16,lOOI .... , (c) Resolutions and Motions lmzu > ,n ·, l,0011,1,1n::I !Mt ~111,q/ ~ ... q (i) PURCHASE OF A STAKE BED TRUCK WITII LIFT GA TE FROM CARLIN DODGE IN THE AMOUNT OF $73,066.00. (ii) PURCHASE OF ONE VOLVO LSOD FRONT END LOADER FROM POWER EQUIPMENT COMPANY IN THE AMOUNT OF $72,444.00. (iii) CONTRACT WITII KIMMEL MECHANICAL TO UPGRADE THE ALLEN FILTER PLANT HEATING SYSTEM IN THE AMOUNT OF $214 ,620 .00. (iv) PURCHASE OF A LOADER/BACKHOE FOR THE SANITARY SEWER COLLECTION CREW FROM WAGNER EQUIPMENT COMPANY IN THE AMOUNT OF $83,200 .00. Vole ruults: Motion carried. Ayes: Council Members Nabholz. Garrett, Bradshaw, Wolosyn, Yun:hick, Gruulis, Burns Nays : None 11. R•sular Agenda (a) Approval of Ordinances on First Rt. ng (i) Direclor Rm presenled a recommendation from lhe Departmenl of Public Works to adopt a bill for an ordinance authorizing an Encroachment Agreement for 4996 South Kalamalh Stteel He advised that in March of 2001, the propeny owner living at 4996 South Kalamath Str<et was observed building a retaining wall in the public right-of.way . The property owner was norified that the construction was in violation of the: City code and that he needed an encroachment permit in order to construct that wall. Mr . Ross explained that. upon staff review of the encroachment permiti it was determined that the proposed encroachment exceeded staff"s administrative authority as provided in Title 11, Chapter 3, Section 4 of the Municipal Code and therefore the request needed to be brought before City Council . The proposed construction vifllates Title 16, Chapter 4, Section 17, Pan D, he said, which deals wi th sight distance. This section requires that '"no visual obstruction over two feet six inches in height above the top of the nearest curb shall be erected. placed, planted, or allowed to grow which obstructs the view of pedestrians on the sidewalk or obstructs the traffic vision at intersections." The waU that is proposed is three feet high. so it exceeds that stipulatinn by six inches . Staff has reviewed the sight distance situation at this intersection. be said, llJld we belie ve that this wal: will not adversely impair the sight visibility for vehicles and for people taller than three feet. Therefore , he sa·d, staff recommends approval of the encroachment permit. subject to the terms and conditions contai• 1ed in the permit. He offered to answer any questions CouDCil might have. Council Member Garren noted that this is in his District. I have taken a look at it, he said, and I think this will work. because the property is at the bottom of :i. hill . There arc . in essence , two hills coming down lo the intersection and you can sec pretty well :i.round it. This leads, of course, to what now has become, l think, a major iss ue for us a.s a Council, he said. This son of arose from the encroa chment in the right-of- way, which most people don 'I believe is in anybod y's right-of-wa y once you get be yo nd the sidewalk. This gentleman was, unfortunate ly, and l will use the word .. caught." and lhen rc:i.lized there was a whole bureaucratic area that be wasn't expecting to have to deal with. I! yo u do a quick run around the City, be said, which I did. you will find tha~ evef\·•vhere, people are building little retaining walls, and things, right up against the sidewalk because we have J 1\l t of angled rropcrty . I know I have that situation at my house. he said. where, because of all of the din falling on the sidewalk. it was easier to put up railroad ties tc, k.:ep Ellllewood City Council April 16,1001 P110 I JO} 111 ) bon,i Jl:fll.'I ;.ti.ell 11qA • 0 i;_q i• from happenin& 1ml other people have built nice rock walls. I think we need to come up with SOIJ!C ulformation in the r;itizen lo tell people what the right-of.way is and bow ii ....ts and I think we DIil\· need IO think about some City ordinance or somethin&, and tbe City Anomoy will have to aive us awcwr.. •• so we don 'I have to then come after people for encroact..ment ordinances. I usume that if you build something in the right-of.way, even if you don 'I have an encroachment agreemen~ you a,e liable if we have 10 tear down your wall 10 do cuosn •ion. He pointed out that the benefit of the docu:nen! doesn't neceuarily change any of the legal respc, oilities or legal obliptions. So, be said, I think we need to look 11 something that informs the citiuos of ·•·• 11 !s going on. Now rhe sight ordinance I, slightly dlff'tttnt and I undentand Iha~ be said, so that was son · . , pan of this entire problem we wen, dealiu~ with. He stated that this is something we need to look •~ and infonn citizens on t,ow it works and what their responsibilities are if they happen 10 build in the right-of.way and where the right-of.way is located. That is my view, he said, and I would support passing this tonight. Mayvr Burns asked if there were any other comments. There were none. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE AGE:-IDA ITEM 11 (a)(I). COU!iCIL BILL NO. 21. COUNCIL BILL NO. 21, INTRODUCED BY COUNCIL MEM BER GARRETT A BILL FOR AN ORDINANCE APP1lOVING AN ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT PERTAINING TO A RETAINING WALL AND FENCE IN THE CITY PUBLIC RIGHT• Of.WAY. Vote results: Ayes: Nays: Motion carried. Council Member> Nabbolz, Garren, Bradshaw, Wolosyn, Yurthick. Granilis, Burns None (b) Approval of Ordinances on Second Reading There were no additional items submitted fo r approval on second reading . (See Agenda Item 10 • Consent Agenda .) (c) Resolutions and Motions (i) Director Gryglewicz presented a r<commendation from rhe Department of Finance and Administrative Services to adopt a resolution declaring P,irk.s and Recreation projects IS the priority use of the City's general obligation bonding capacity. He SI<' :d that this resolution will declare the Council's intent that the Parks and Recre:uion Department will get r~11 consideration for the use oftbe City' general obligation bonding capaciry for Parks and Rccre1rion projects. They an: looking at going to a ballot issue on November 6, 2001. Mayor Bums asked what the actual pwpose oithis would be . Director Gryglewicz explained that it is just to set the priority that the bonding, for tllis year anyway, will be for the Parks and Recreation projects that thcv arc looking at. Coi..;icil Member Garren :asked how this relates 10 the ir Srudy Session discussion on increuing the: bonding c1pacity of the City, as far IS desigllllting I priority ust Do we need to reword it, he uked . Director Gryglewicz advised that this would have no impact on tnar as this just declares , for the November 6, 2001 election, that this will have fint priority. We won't ha\·e another issue on U'tis year, he said, and i.fv.-c • • • • • Enalewood City Council April 16, 2001 Pase, 11, u >lllb:J f1: ,, lnqt, I ,:a:•I 1<tually put that other Charter <bange on the ballot it would not have any impact until future ,ears. So this ,,iJJ only impact this November election. The resolution Y'IS assigned a number and re~d by title : RESOLUTION NO. 30, SERIES OF 200 I A RESOLUTION DECLARING A GOAL FOR 2001 THAT THE ENGLEWOOD PARKS AND RECRF.ATION ~EPARTMENT WILL RECEIVE FIRST CONSIDERATION WITH RESPECT TO ISSUANCE OF GENERAL OBLIGATIO:-i DEBT FOR NON.EMERGENCY CAPITAL IMPROVEMENT PROJECTS . COUNCIL MEMBER BRADSHAW )JOYED, AND IT WAS SECONDED, TO APPi :OVE AGENDA ITEM II (<) (I) -RESOLUTION NO. 30, SERIES OF 2001. Motion carried. Ayes: Council Member, Nabholz, Garrett, BOldshaw, Wolosyn, Yurcbick, Grazulis, Burn < Nays: None: (ii) Director Gryglewicz pruenred a recommendation from the Dcpanment of Finance and Administt.irive Si::r i,:es to adopt a resolution transferring SS00,000.00 from the Conservation Trust Fund to the Public Improvement Fund to fund the Centennial Park Balllield Project. I did notice, he :aid, that tbcrc L an error on trus resolution. Director Gryglewicz advised that the resolution needed to be corrected to show "PUBLIC IMPROVEMENT FUND : Source ofFunds: Transfer in from~ \hs CPPWYation T~-" He stated that these are monies that arc being transferred over to the Publi c Improvement Fund for the construction and impro vement to the Centc:Mial Park Ballfield Project. The resolution w, ... ass igned a number and read by tide: RESOLUTION NO. 31, SERIES OF 2001 A RESOLUTION FOR A TRANSFER AND APPROPRIATION OF FUNDS ~C:l THE CENTENNIAL PARK BALLFIELD PROJECT. COUNCIL MEMBER G,\RR.ETT MO\'Fll. AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (<) (11)-RESOLUTION NO. 31, S.:RJES OF 2001, AS CORRl"CTED BY DELETING GENERAL FUND AND INSERTING CONSERVATION TRUST FUND. Ayes : Council Members Nab!lolz, Garrett, Bradshaw , Wolosyn, Yurcbick, Grazulis, Burns Nays: None >i '"lion carried and the resolution was aoproved as corrected (iii) Manager Lee presented a recommendation from the Department of Parks and Recreation to 1tpprove, by mot ion. a contract with Randall & Blake, Inc ., for South Santa Fe Drive and lf •mpden Avenu e landscape Maintenance . in the 11mount ofSSS.200.00. He noted this is fo1 maintenance oi'ttie South Santa Fe. Drh'e and Hampden Avenue medians and Randall & Blake, Inc. was the lowest 1e.:hnically acceptable bidder. M1. Lee ad,ised that Sabell 's Enterprises formally withdrew their bid on this project, beca use the y did not h11ve traffic \\ithin 1ha1 ponion and the y had only included mamtenance . So . therefore, RBI is the lowest u:chni1:ally a.:-ceptable bidder. Las1 year it was recommended that the maintenance be dooc at night and that was \\rinen into the conO"act. he said, and we are ready to proceed with it He ask.ed if there were an y questions . Enclewood City Council April 16, 2001 Pr.ie 10 mo >t1I l•OO'fl'Jl•11i 100!,dl ln11A. t':,J£'1 Council Member Yurchick oaid he had I quesrion, just out of curiosity. He uked how this dollar figun, compms with what was poid Inst year . Manager Lee advised that in the 1999-2000 seuon, the budgeted amount or the amount that was produced WIS $64,650.00, so it iJ slightly higher. He pointed out that that figure docs no t include the night ma intenance, which was added later on in the contract That amount is about $970.00 per occurrence . Ccuncil Member Wc,losyn said when Council addressed that, she thought they hid voted on a SUU1, $20 ,000.00, for nighttime differential. Monagcr Lee advised thot they c,timatcd it would be about Iha~ but as the company had billed it out it WIS $37S .OO in labor and a.,othcr $S9S .00 in barricading and warni ng lights . Coun cil Member Wolosyn asked how often they go out and if that was ltig~cr or lower than anucipatcd. Mr . Lee advised that the y were going ou t about once a month in the fal1.:'1d winter, so they were not going out very often . Bu :. he noted, you c:m kind of figure almost S 1,000 .00 per occurrence. Council Member Wolosyn said 1hcn it is actuall y lower. l remember, she said , that the other pan of approving that was lb.at we we re also going to evalwiu: it to see ifrtighnime maintenance was an effective cost. Manager Lee said yes. So , Council Member Wolosyn said, it ends up that it was actually cheaper than anticipated, ifit is Sl ,000.00 once a month. Mr . Lee noted that that was during the fall season and the conttact stipulates that during the summcnimc season they will be out there on a weekly basis , which is probably going to increase (lur cost, because oftnsh piclc•up, weeding , irrigation checks and so fonh . Mayor Bums said, on a rclat":d topic , he understood that we don't ha.ve the abilit/, right now, to pull more money out of this project in order to put it baclc where it came from to do some more landscaping in the clover leaf at Highw;.;t 285 and Santa Fe. That is still awaiting some other funher funding . Manager Lee said that was lus understanding fton• Pu blic Works . Ma yor Bwns !ita ted that he would still like to, one of1he se da ys, have us go back to that issue :md see ifwe could fund some more landscaping out here . City M,nager Sears advised that Frank Gryglcwicz will be updating the Council on where we are financially and one of tbe things we intend to do at our retreat will be to try to go baclc to the priorities the Council had pu t off. So , he said, Council can take a look &t some of those priorities to see iftbcy would like to reconsid er them and that includes Santa Fe . He s1111ed we arc going to, at least, talk about that at nur retreat. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGEN[;A ITEM 11 (c) (Ill)· A CONTRACT WITH RANDALL & BLAKE, INC •• FOR SOUTH SANT A FE DRJVE AND HAMPDEN A VENUE LANDSCAPE MAINTENANCE . IN THE Al,IOUNT OF S85,200.00. Ayes : Council Members Nabholz, Garren. Bradshaw, Wolosyn. Ywchick, Grazulis , Bums Nays: None Motion carried . 12. General Discussion (a) Mayor'!o Choice (i) Mayor Bums advised that 111st week he anended a sess ion with COOT, RTD and DRCOO . and they wm putting together a new intergo vernmental agreement bcn.•,•eeo the thrte of them. He noted the liu1 one was dated 1977 and these arc require d in order to receive Federal funds for transpona1 ion . The y had a whole room of people down at DRCOG working on a fairl y generally worded • • • • • • Eaalewood City Couadl April 16, ZOOI Pace 11 I ll ,o J ,11 ) b111 , u Jl;ff13 ,110: ,&I ,qi ~· ~,, IGA in order to eoffll'IY with the Fedml law. It is iOlertltins to watch COOT, RTD AND DRCOG tty to work together, it is sometime, almost I religious exercise. (ii) Mayor Bums commented that be was a linle bit confused by some oftbe reporu .hey are gettina on our project updates. Regarding 1he Civic Center consttuction on the elevator, be said, he rccoanizes that it is being fast lncked and shop drawings are being prepared. But, be noted, the rim,, for completion, lrom the previous memo last time, was ten to twelve weeks and this one says eight to ten. The previous anticipated lead time for delivery was ten to twelve weeks with completion in June, oow it ii leu time, eight to ten weeks, but completion is in July. I don'I know how 1he timefn.me was shrunk. be said, but lhe completio n date was expanded . He asked if somebody could tell him why !hose numbers seem to diverge . Dim:tor Ross said he can\ but that be would check on that for him. Mayor Bl•ms said also, regarding his favorite, the Rroadway bridge, it says that the S11tc electrical inspector bas been scbedulec" He noted the last two reports say that, bu t it doesn't indicnte when and they both s,y that the lights will f · ~,med on in the next two weeks. He poia1ed out that ooc .,.eek bas passed and it ~ still two weeks and it docsu 't indicate when this inspector is c...i ming out. So I get a little confused by that report, he said. Dim:tor Ross advised that it is his understanding tha1 ,he State inspector is supposed to be in this week, so we C' .tn get the lights turned on next wtc '.:. Mayor Bums asked if that is a promise . Director Ross said no ii is no1: piOmise. Laugh1cr followec . (iii) Mayor Bums advised that, as Council knows, he will not be here nex t week as he will be out oftow,1, so Mayor Pro Tern Brad,haw will be chairing the Study S.uion. (iv) Mayor Bums noted he was glad they did co mment on House Bill 01-1376 on the filters 1onighr. (v) Mayor Bums advised that the next DRCOG board meeting is Wednesday night and tha1 he had passed out a memo on their 'ttreat which will be in Winter Park m the fint put of May, but they pay for the lodging and they pay for the meals . So if it is all right with Council, he said, be would just du\lge his mileage and a few miscellaneous expenses and that is rll it costs. He noted they will also pay for the alternate, which they had stancd last year. They want to encourage the alternate to b invulved. be said. so if Council Member Wolosyn would like to go they will pay fo.-her as we!:. Council Member Wolosyn said she wts going to go this year. Council Member Garren noted that he didn't think Council Member Wolo ,yn had turned her re;,ort in finm NLC. Ms. Wolosyn advised she will have it, that it is on hard drive . She said don't worry. Cowx:il Member Bradshaw commented that Council needs to see it Ms . Wolosyn said yes, you will. Mayor Bums noted he wus proud to say he gal his in with a bunch of anachmcnts 1h:t1 he got at the NLC Lcgisla1ive Conference . (b) Counc il Member's Choice (i) Council Member Nabholz: I. She .idviscd that one of her issues is already be ing worked on, which is the problem we have up 0 :1 West Wesley and Bob Simpson is currently working on it. 2. She said we 1111 know Roy and Ethel Allenbach and, on a sad note . Ethel passed away las1 night and so she would like Council's support to send some flowers . As far as I know the:re 'Nill be a memorial service, she said. probably over at Drinkwine . She said she would let Sue Bradshaw, in the Ciry Manager 's Office, know when that will be and we can get 11n E-mail out or at least a phone mail messa,e to let En1Iewood City Council April 16, 2001 , 1 ,tl l l,11•, IJn Pa1e ll IOU l 11 I 11 c'I everybody know when that will be. Council Member Nabholz ooted they were Citiz<-ns of the Year ODO year and very instrumental to the Historical Society and the C111lewt'Od History Dook. Mayor Bums suuested that it would be appropriate to get, card for C11w,cil to sign. I would sure like to see tha~ he said. (ii) Council Member Ganen noted that II the Studv Session they raised the iuue about preparing a letter to send to oppose cenain legislation dealing with internet acceH and aome filteriq manen. COUNCIL MEMBER GARRETT MOVF-D, AND IT WAS SECONDED, THAT COUNCIL SUPPORT HA YING THE DIRECTCR OF LIBRARY SERVICES DRAFT A LETTER FOR COUNCIL'S SIGNATURE OPPOSING CERTAIN LEGISLATION DEALING WITH INTERNET ACCESS AND SOME FILTERING MATTERS. Ayes: Council Members Nabholz. Garren, Bradshaw, Wolosyn. Yurchick, Grazulis, Bums Motion carried. (iii) Council Member Bradshaw: I. She "1id kudos 10 Mike Flaheny, as he did a nice job on the sidewalk sale. 2. She passed out ~ome information to Council. She noted that she is the liaison with the Housing Authority. Ms. Bradsba\. commented that we all felt the pinch when Xcel sent us our bills in January. December was 2 warm-up, J11nuary was over the top, February and March weren't a lot bctt~r and April was pretty sad too. The Housing Authority is also involved \\.ith public housing. she said, Orchard Place, Simon Centor, and they just bought an apartment building and an office building and they have been hit really bard by the inctcasc in the electricity and gas . So, she said , what I have circulated to you is an action item for the Board at our last meeting. I s:iid that I would take this to Council because the Housing Authority land is oat taxed, like the rest ofus are, but they Jl'IY what is called a PILOT, a payment in lieu of taxes. So I would like the Cm • .ncil to consider reducing that by a pcrccatagc, sh-: said1 and I would like you to think about this am' ge t back to me about reducing their PILOT, because this is a considerable increase we have all cxptricn.:cd . If you will look on the back uf!he sheet it shows ye ,-. · .. .11 their amcndJTlCnts are going to have to t-e , she nid. In one case they are looking al a.n 36,Ch.10 .00 increase in one budgc:I, :is well u S4 ,g()(),00, $7,300.00 nod $4,900 .00 in od1m . Granted, ~,·o of thos.•, the Normandy and the office building , arc profit So, she said, the ones I am co'lterned about arc the public housing and the Simon Center, as the~ PILOT is Sl9,00C .OO . Mayor Bums comme ined that he noticed !here was a correction. C'>uncil Member Bradshaw said lb.at is righ t. Council Member Bradshn w slated that she said she wo uld bring the issue before Council bcc~usc I thi nk we need to 1ake a look at th.is. She noted the duplexes arc aJso public housing . Mayor Bums said public housing means miinl y Orchard Place . Ms. Brndshaw said Orch:ud Place and the duple xes. Council Member Bradshaw suggested Council look at this the first of next mon th, as it was n't necessary for them to m:ik.e a decision tonight. She asked that they think aboul it. 3. She thanked Stu Fonda for the memorandum on the discharge pemtit , as the paper can't seem to get it right. Ms. Bradshaw clarified that she was not talking ,bout the Herald; she was talking about the .. Denver News" or whatever it is called now. I did appreciate the infonnarion clearing up the issue, she said. • • • • Enalewood City Council April 16, 2001 P11e 13 II) hOllt# •l';il f l 111!:, ,d:I h,q/ .. J ,~r.lf 4. She offered kudos to Bob Simpson for the excellent job be did, as far as helping us on Ibo General lron Works site . It was very insightful and an c;<cellcnt process, she said. (iv) Council Member Gruzulis: 1. She sai d she went with Paulena Punccrclli today and they did some Career Day informational thin ss . regarding the City , al Flood Middle School. Ms. Grazulis oored that ii was, of course, very insig ht ful. I put some questions out there and they came back with a 101 of inquiries regarding recreation dungs . ~o I will get with Jerrell Black, she sa id. But one thing was that Ms . Punccrelli was talkina to lhem .1bou • d11· w111cr being flushed out this week . She gave them instructions for the students to share with their parents.. ·)he told them the water is safe to drink. that they just need to flush it out anywhere from a couple of s~c,i ,1\S to lwcnty minutes, which I thought was a long time for a residence. Ms. Grazuli.,; stated that a lot 1if \•:~·r,le she has talked to are still buying bottled water because of the old waler situation •hat we wed to '10., •. .Ve do need to have an cdu,;a1ional program regarding the waler, she scid. and we do n\!f!d to show evcryt,ody that we arc drinking City wucr at all times. I love bottled water, but perhaps W! cou l ' make sure that, for instance, during Study St .. lions that we drink Ciry water and people could sec that we arc actually drinking the waltr from our own 1r.scrvoir. 2. She said she would like to stat,;, publicly, something positive about Code Enforcement. I really appreciated and enjoyed the memo fror.1 Dave Lynn. He provided a breakout of all the extra services that are enjoyed by Englewood citizens that we do not know about, unless it is hroken out in that type of memo. Ms. Grazulis read from a note she had written . "l thanlc. you for so many positive responses , rather than ticket issues. This is why people nol only wish to live in Englewood. but they slay in Englewood. So it is really a good PR move, besides those people were just outstanding in some of the things they did do." 3. She suggested that one way 10 cul down on the barking dog summons would be to educate people about the debnrk.ing procedure . It is a very safe procedure , she said. and my dc,gs have gone through this procedure. She suggested that maybe some of our barking dog complaints would be reduced and perhaps we could prepare a leaflet or a Oyer to show them how to do that. She opined that it really is not that e:.:pcnsive when you consider the potenllal cost of a summons . ll is not cruel, she said, they still think they ore barking. 4. She said she wanted to tlwlk ~en Ross for the nice parking pass situation solution as she thought it was nicely done . 5. She 'iaid, regarding the sidewalk sale , that she was aware it had been extended, at least, as far south as the 4COO block of South Broadway. There were some businesses down in that section, beyond the downtJ wn area, that had some 'hings out and they were trying to participate in the sale. So, she suggested, any bit ,.,(help we can give them, next ti me around, 10 make sure that all of Englewooj is able to panicipatc wJ•uld be appreciated too. Mayor Bums said he w:mted to men1ion , regarding the development re1 Jrt for March, in reference to the bus bench shelters and kiosks th.,1 are appearing on South Broadway and some new bus shelters thnt luive suddenly appeared. tha1 he has seen decorative metal r.ewspaper corrals for these locations with multiple newspaper boxes . He noted that in front of the Post Office, ert'(cially, there is an array c,f multi -colored, so rt of ugly boxc~. He asked if we :ire going 10 have one of those there too. Director Simp~on advised we are going to be doing tlu.t in se veral locnlions, we: are still coordirulting stteet fumirure and comls. He said we were talking t'Jday, in fa .. t, l bo u1 trying to mnke sure lha; a lot of these are in place by early summer . Ea1lewood City Couarll April 16, 2001 P11e 14 Council Member Orazulis said they look nice. Ii ,nun') fJI J lm 1H'.J1:.i,n ·( '00~ OJ lh11J r1 , •q Counc i: Member Yurchick asked how the newspaper boxes arc regulated. He asked if they can just put them where they want to and if they have to go through the Cit/ or what. Dirtetor Simpson advised that pretty much Ibey can put them where they want, we try to work with them to make sure they are congregated. but it is a difficult issue and it is a first amendment i.c~ue of free prrss . Council Member Wolosyn asked irthat is a right-of-way issue . Director Ross said it is also a freedom of the press issue so we try to tre3d very carefully, we would like to hit them up with the right-of-11ay issues, but the y just won 't back down . 13 . Chy M1n11er'1 Rtport (a) City Manager Scars thanked Hank Long for pulling together the ltncr, as Council directed , opposing cenain legislation dealing with ln tcmcl access and some filtering maners . (b) City Manager Scars said, speaking of payment in lieu of taxes , that we received $8,000.00 from South Suburban for Cornerstone Park . He said he would give a copy of the information to Council . He offered his thanks to staff, Chris Olson. Ken Ross , and Jerrell Black in particular, for identifying all the service s we provide Cornerstone . We were very happy to get that, b: said . Council Member Garrett asked if we provided them 1111 itemized list. City Manager Sean said we did, be has asked for that in the past. Council Member Garrett asked if we are including that as pan of the cost of providing services . He was told yes . City Manager Scan advised that they, also, identified the number of times Englewood residents had used the pun-pun golf course. Council Member Brad.sh.,"' asked how many times . She opined it was not very many times. City Manager Sean sa id it 9,,a,5 somt'i'·!!ere in the neighborhood vf3S0. He offered to provide Council with the letter. (c) City Manager Scars said next Monda y nigh! we reall y don't have a Stu ~y Session. The onl y thing that is proposed is the intcn·icws for the Alliance for Commerce in Englewood Conunission. (d) City Manager Scm ad,iscd tha t the y arc still finalizing the schedule s ,rurJay, tht 2s•. We will be meeting htre on the 2s• at 8:3 0 a.m and intend ID have Council out beiv. .ffl 3:30 p.m and 4:00 p.m in the afternoon and that includes a tour. We bad intended to include Centennial Park, but, be said, now I think that 1s being taken care of with a prcny exciting cclcbnition that Frida y. We intend to take a look at the new 11.qu.:itics park , some transponatic.m issue s, the proposed expansion \lfthe wastewater facility , he said, along with the Hum:ane Soci ety and also, if we can get onto the site , General Iron Works, so tht will be a pretty full afternoon . We wi ll also work wilh Larry Fullcnon in the near future lo do a lour. he advi sed . Ma yor Burm menl ioncd lml he, Gary Sc:irs and Beverl y Bradshaw wo uld be having lunch wilh Cal Marsell a and John Claflin al 2:30 p.m Friday afternoon. Mayor Bums noted that they rtceivC'd a n:cmo indicating lhar Senalor Campbell and Senator Allard arc supposed ID be at the Littleton Light Rail 5:ation to present the final S20 million check to RID for tht completion oflhe southwest corridor light rail project. So that is a nice adjunct to have right after lhe lunch, he said. • • • • ltn&Jewood City CouncU April 16,2001 1'11• 15 City Manager Sean commented that it may be a nolativcly quick lunch, but !her< II< a owr.ber o( i11uea to deal with . Council Member Bradshaw stated she still has concerns abo ut the locat ion of the main1c01nc e facility and the parking lot. 14 . City Attorney's Report (a) City Attorne y Brotzman said, n,garding the meeting on the 2R", lhat he n,ally doesn 't like 10 schedule this on an open meeting day, but he was going to have to request an Executive Session on rwo items. One is language on liquidated damages on the Equitable agreement, second is we had a mediation today on the Equitable lawsuit and wt would like to bring in our attorne ys to discuss settlement negot iat ions with Counc il on that as well . Council Member Bradshaw asked if the y bad to do anything else on this disciplinary appeal or ifwbat they received was just FYI. City Anomcy Brotzman advised Council that the next time they would be getting a list of hearing officers to choose from. Council Member Garren said h wanted to mention that on June 11 111, at the Englewood Golf Course , there will be a golf tournament to eel Jratc Keep Englewood Beautiful. Mr. Garren said there is a crack founomc participating again th year and most people don't even sign up because oflhe fear of that particular foursome . Laughter I ,llowcd . He advised that the tournament starts at abou t 7:30 a.m 15. Adjournment The me< •ing adj ourned at 8:35 p.m