HomeMy WebLinkAbout2001-06-04 (Regular) Meeting Minutes•
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Rfl•llr Session
J ■oe., 2001
I. Call to Order
The regular meeting of the Englewood City Council w1s called to order by Mayor Bums at 7:35 p.m.
2. Invocation
The invocation was given by Council Member Nabholz.
J. Pmlaeor Allfllance
The Pledge of Allegiance was led by Mayor Bums.
4. RollC■II
Present :
Absent:
Council Members Nabholz. Grazulis, Garrett, Bradshaw, Wolosyn,
Yurthick , Bums
None
A quorum was pre5e nt.
5. Minutes
Also present: City Manager Sein
City Attorney Broczman
City Clerk Ellis
Open Space M1111ger Lee
Director Gryglewicz. Finance and Administrative Services
D~or Simpson, Community Development
(a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO
APPROVE TH[ ~IJNUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 21, 2001 .
A;r, Council l\lernbcn Gllfflt, Bradshaw, Wolosyn , Grazulis, Bums
?--'J-r· None
A> " ,:n: Council M•mbcn Nabholz. Yun:hick
Motion carried .
6. Scheduled Vbitors
Then · were no scheduled visitors .
7. Unscheduled Vl51ton
(a) C.E. Hitchcock . 2337 West Wesley Avenue. stated that the issue he wanted to raise was
that it has come to 1,;s attention that several properties. adjoining his propeity, have been ICq1liml by the
City of Englewood. I am curious as 10 wha1 the City 's plans are for those properties, he inquired. We have
never been really officially infonncd, he said, but there has been a rumor that the Ci~• plans a street through
there that would require the acquisition of some of our property. He pointed out that that would obviously
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directly affect them in a serious manner . Thal is an issue of IOIDe coacem to me, he said. and I am curious
as 10 wha11hc City 's plans arc spcciftcally, the schedule for,thole plus and what justifies the City making
tho;e plans in the finl place . If you could explain lhat 10 me, he said, I would appreciate it.
City Manager Scars stated 1ha1 Bob Simpson, lhc Director of Community Development, would talk a linlc
bit aboul an upcoming neighborhood meeting. He asked Diroctor Simpson 10 address Mr . Hilchcock 's
concerns .
Director Simpson advised that the City is sending notices out this week advising of a neighborhood
meeting to discuss alternatives and also to listen to the neighborhood . That meeting is tentatively
scheduled for June 21 11 at the Allemativc High School .
Mr. Hitchcock commented that the purpose of this meeting would be 10 find out how the neighborhood
feels about this . He asked if that isn't a bit after the fact, as the City hu already acquired some of the
propenies there . Director Simpson said no , really it is not. He explained that the City has acquired two
propenies up there and what we are very interested in understanding is where the neighborhood sees this
entire neighborhood going and lhc neighborhood's ideas .
In response to Mr. Hitchcock . Mr. Simpson advised that he is the Director of Community Development.
Mr. Hi1chcock stated he spoke to one or two people from that department and that was not their general
att itude . I hope that what Director Simpson is telling me, he said, is, in fact. the case . Director Simpson
stated thot is the case. I work with these people, he said, I am the department director. He advised that the
City has acquire d two properties , that the property owners approached us. Mr. Hitchcock said he
understands that, but that he is not greatly assured by Mr . Simpson's intentions. I am still not utterly
assured , he saic!. but I am pleased that we do have a meeting scheduled .
Director Simpson advised that they plan 10 have a meetiug scheduled for June 21• at the Englewood
Allcrnativc High School al 7:00 p.m.
Mr. Hitchcock asked Mr. Simpson ifhc had heard lhe qucslions he had asked and if, at that meeting, the
City would explain the plan and define the schedule . Director Simpson said yes, and more imponantly the
City is interested in hearing from the nei ghborhood.
Mr . Hitchcock said you have to understand , many ofus who are at , o:-near, re tirement age, bought the
propcnies because we like them the way they are .
City Manager Scan DOied 1h11 lhc propcnics arc owned by the City aul lhis City Council is lhc final
authority in tenns of any disposition of how those propenies would t-.e used. Council would have to grant
approval for any road construction . There really hasn't beffl any proposal given to City Council , he said .
In fact we had hoped 10 conduct a Stud y Session with City Council and we were looking at June 18111• But
staff has not met with any property owners about any alternatives as to how that property could be
developed and that is what the neighborhood meet in g will be about.
Mr. Hitchcock said he appreciated Mr. Sears' input I would just hope . he said, that whatever disposition
the y make of the propenics, the street and so fonh and so on , that consi deration will be given to the
neighborhood 's wishes . I hope you are sincere about 1h11t, he said .
Mayor Bums noted that it is not a question of what the City tw and whal the City is going to do with them .
City Manager Scan is righ~ he said, there has been no proposal made to Council so far, because lhcy will
have to meet with the neighbors first.
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Mr. Hitchcock commented that he spoke to I couple of the chips from whit he thouaht was the Housina
Authority . He advised that they discussed 1he str<et and the bulldin& of duplexes and so forth, fnakly, u if
it was a done deal. And I thouaht, he said, that tha1 was a bil optimisiic considering 1hat this had not been
brouaht to the attention, fonnally, of any of us who live there. My pe110111I f'eelina, he said, Is that I don 't
want to cooperate with any of that, under any cin:umstances , unless I see good reasons for doina it and
unless, at least. someone comes to me and discusses it with me . II could be misinterpreted to be I very
underhanded move on their pan and it will reflect on Council. That is my opinion, he said.
Mayor Burns noted that we have had various people tell us there are done dcnls around the Chy. when they
haven 't come to Council yet. Mr. Hitchcock expressed the hope that Council would 10vem themselves and
consider the neighborhood 's wishes .
Council Member Bradshaw advised 1hat she received a call fror.1 Cl1omic Brandt over a month ago . Ms .
Bradshaw stated tha1 she talked to Marl< Graham and ii sounded tu,,• r like lhere was I pan of the process
that had not been addressed. I am glad 10 hear lhat Community Developmen1 has listened 10 my concerns,
she said, and lhat they arc having that meetir.g, because I think that is imporllllt. We must consider the
needs and desim of the neiahbt,,'iond, she said, before we do any major changes . She thanked Ms. Brandt
for calling her.
Council Member Grandis asked for 1he address. Mr. Hitchcock advised that ii is be1ween Zuni and Tejon
on Wesley, what used to be called Goat Hill and he thought now was illustriously tenned Scenic View
Estl'tes. He no1ed it is still known as Goat Hill.
Mr. Hitchcock said he wanted to point out one of the reasons they all live there . For instance, there is a
huge tree in my backyard. he said, and a very large hawk comes there every summer and forages in that
field . it is really a nice thing. At lhe same time, he said, the Slate of Colorado is trying to come together
wilh a plan to limit growth and I don 't sec the justification for dcnsifyin& the population up there, with
duplexes and so fonh and so on. I know the hawk can find another place, he said, bu t I bouaht that place
with the iotention of retiring there and most oflhe other people did also. And to have things done over our
head or without even consulting us .,.I do resent it and I am misuustful about the situation . But I appreciate
your time, he said.
Council Member Nabholz stated that she spoke with Mr. Hitchcock several times in regard to code
violations next to his property. She offered her thanks to Bob Simpson for assuring Mr . Hitchcock and his
neighbors that this meeting will take place . Because, she said , when he told me the same thing. I told him
that, no. I was not aware of any road or anything like that.
Director Simpson apologized. He stated one of the things we have always tried to do is to assure the
neighborhood lhat we were going to hold the neiahborhood meeling. I talked 10 Ms. Braod~ he said. and
we have assured them thal we will hold a neighborhood mee1ing. that the neiahbors will have inpu~ and
then wc are going to come Iv.ck to Council with what wc have heard and some possible alternatives for
disposition of that property . He pointed out that it could include putting i1 back on the marketplace, which
is what we promised Council last year whe n we purchased the property, that we wanted to provide Council
that opponuniry to consider.
Council Member Bmdshnw pointed out that the seller approached the Ciry to purchase these propenies.
Director Simpson said that is correct.
Council Member Yw-chick stated that one concern he ha.s about that :irca up there is that there arc two
developers and one is doing pad modulars and one is doing a nice dev elopment . I don't want to see those
pad modulars spread into Englewood, he said. Director Simp50n noted that when we purchased those, one
of the prime objcctivts Council identified for us is th a: we were going to lry to help assist in improving
so me of the qualicy of ti.at pri vate sector development and 1hat is what we have been looking into. I do
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undenllnd, he said, thai there may have been some sllffpeople that haven't taken quite that appro■ch ■nd
we are very sincere in trying to make sure that we hear the people on how this gets developed .
(b) Cherrie Brandt, 2297 West Wesley Avenue , said here we are again . About 20 yan ago
man y ofus up on the hill , which we tend to like to call ounelves. were in front on many of you, in fiont of
Council , Hghting this !8J110 Issue, as 10 whether or not West Caspian Place was going 10 be put through.
She stated that we told Council at that time that we did not want a street to go through . we did not want an
alley to go through and she emphasized that the y still feel the same way . In appro ximately December of
last year we were notiHed 1h01 the City did indeed pun:hase two additional pieces of property oa West
Wesley Avenue . Ms . Brandt pointed out that the City hL• already owned one of those pieces of property on
West Wesley, for il number of years. I think if you all look back in your records you will realize that The
previous owners were Dan and Mary Cook . During this time . when the City wanted to put the street
through , the Cooks were wanting 10 build some type of addition . But , she noted, the City would not allow
it because it would have encumbered the 25 feet , so the City pun:hased their property and it has pretty
much been laying de:id since then . At that point in time Council suggested to Planning and Zoning that we
didn 't need to be worrying about West Caspian Place '!!Id in fact if her recollection was correct, Council
even suggested that we literally remove ii from 1he Mb.Ster Street Pl1111 . That was not done, she said. I wish
it would have been and then we wouldn 't be in this situation again today . She asked that Council keep in
mind that that is where we live . Mr. Hitchcock is very correct We boughl there because that is where we
want to be . She asked how many of you would reall y dare to C\'en anempt the idea of being able to
purchRSe a home that you could af!'ord in this City that had a linle bit over a third of an acre of land on it.
where you had no public street , no public alley running behind you . I have a nine-year-old son. that is very
important to me . h is important that we have that ability 10 li ve in the style and the manner in which we
chose to . My husband and I arc now building a very expensive. large addilion to our home, she said. What
is going to happtn ifwe start developing those two pieces of property and ptrhaps even the Cook's piece of
propetty and we decide we are going 10 put these really wonderful duplexes on there? Whu do you think
that is going to do to the value ofmy home? It is going to go down , she said, plus, not only that, but we
want to keep it the way it is up there. I would highly recommend that all of you come l'J ',here and sec
what we have . I don 't kno,·, thet many of you have even been up there . Commenting 011 the two pieces of
property that weren't',.··"; !)Urchased, she pointed out that one of them is a very, very well built brick
home lhat has a very well-built garage on it. Why in the world woulrl you want to knock thiU thing down?
Why? The one ne x:t 10 ii is also a very well built home. with ano U11., uome behind it and also a garage .
Why in the world would you want to knock that th ' 1 do1,1,11 '? For what? To put up a S180.000.00 house'?
What is that today'? That is not much folks . she said. not much at all . We don 'I want the sUttL she sa id.
and we don't need it, plain and simple . Ms . Brandt stated that all of the ucilitics have their accessibilities,
so it is not needi:d . She invited Council 10 come up and see what we have up there . That is all thar we ask
of you . And you know, she said , in December of last year, a meeting was to have been held before the final
deal was made on these propcn ie:;. She said Ms . Grimmett assured her of that Unfonunately, that deal
never went through. she said. This is six months later and we are still sitting back waiting. We have beard
many stories from. unfonunately , a few City employees and they have told us many different things. Also.
the y have told the tenants that live in lhe City owned houses many different things . Things are jnst not
ji ving, she said. and we l1l'C very concerned up there . We want truth. plain and simple. she said, and I don 't
lhink that is too much ti.'.' ask. We want 10 give you our opinion and that is that we WWlt you to please leave
us alone . If you want to build something up there , lel us gel in\'oh·ed. let us help you plan something like
that. But at this po int in time , sh e sai d. I don 't sec where we need 10 build anything . In closing. I would
hope . number one. before you go into your Study Sess ion that was scheduled for June I 8111• that you give us.
as a community, the abili ty 10 meet wi1h Director Simpson prior to Council's Study Session.
Ma yor Bums advised Ms . Brandt that Council would not be having a Study Session on the ts•. Director
Simpson advised that staff would be meeti, with the neighborhood and then they an, scheduled,
tentativel y, to mett with Council on Jul y 2 . Ms . Brandt said that was excellent •
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Ms . Bnndc said, in closing, she would like 10 cake che lime 10 chanlc Mr. Simpson. He wu very upliont and
very honest with me, she said. Ms. Brandt said lhe would also like 10 think Bev Bracbhaw. You are
cerriflc and I r<ally appreciace your help, she said. She also thanked Mr. Sean. She corrmenied 1h11 obe
has never been able 10 reach AM Nabholz and u Ms. Nabholz Is their rcpmenwive, it would be a real
blessing 10 see more orher. Co1D1ci1 Member Nabholz advised she hu been up there and, In fact, !he bu
been in close concacc with Mr. Hitchcock . Ms . Brandt commented that there are m<n of 111, than just Mr.
Hilchcock, thac live up Chere. Ms. Nabholz advised that she has voice messa&Jn&, She uked Ms. BIWldt If
she had left her name and phone number. Ms . Brande said no, char she spoke with her at the 1111 Council
meeting .
Council Member Yurchick advised thac he watches che hill, tlw he owns a business up chore . Ms . B!Mdl
said all righ~ buc living up !here and owning a business up there are cwo separate issues. II is beautillll up
!here, she said, and yes , thac hawk is indeed lovely . We have a 5,000 gallon fishpond in our backyard. She
again encouraged Council to come sec how they live . I really, personally, invite each and every one of you
10 do that, she said, and I would be chrilled lo give you a cour.
(c ) Todd Huffinan, 2247 West Wesley Avenue, said he thought a lot of his concerns have
been cove-1 We were here for some of the earlier meetings in the pest. be said. We moved there for tho
large lot like ic. It is just rare 10 find a 200 and some fool lot like Iha~ anywhere in Englewood. We
also bu i . addiclon , he said, which is almost compleie. He opined that Council needs to consider the
fact that 1, ,,,,;!1 -densicy issue is• real issue . Mr. Huffinan polnled ouc that you >isk destroying llleir way
oflire. which !hey enjoy , when you cram more people into their neighborhood .
Mayor Bums thanked everyone for coming .
8. Communications, Proclamallons and Appolntmnll
(a) A proclamation declaring lhe week or lune 25 lhrough 29, 2001 u Code Enfor<etnent
Recognition Weck was considered.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEMS (1). A PROCL,MATION PROCLAIMING THE WEEK OF JUNE 25
THROUGH 29, 2001 AS CODE ENFORCEMENT RECOGNITION WEEK.
Motion c11JTicd.
Ayes: Council Members Nabholz. Garrett. Bradshaw, Wolosyn,
Yurchick, Orazulis, Burns
Nays : None
9. Public Htarln1
No public hearing was scheduled before C'ounc1l.
10. Consent A&enda
(a) Approval of Ordinances on First Reading
There were no additional items submined for approval on first reading. (Sec Agenda Item 11 • Regular
Agenda.)
(b) Appro val or Ordinances on Second Reading
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (b) (I) THROUGH (v) ON SECOND READING.
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(i) ORDINANCE NO. 25, SERIES OF 2001 (COUNCIL BILL NO. 24,
INTRODUCED BY COUNCIL MEMBER GARRETT
AN ORDINANCE AUTHORIZING A "CITY DITCH LICENSE AGREEMENT" FOR I. STORM
DRAIN CROSSING STRUCTURE OVER THE CITY OF ENGLEWOOD'S RIGHT.OF-WAY FOR
THE CITY DITCH BETWEEN THE CITY OF LITTLETON , COLORADO ANO 11iE CITY OF
ENGLEWOOD, COLORADO.
(ii) ORDINANCE NO . 26, SERIES OF 2001 (COUNCIL BILL NO. 25,
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE AUTHORIZING A GOOD NEIGHBOR OFFER TO WOLHURST LANDING
OWNERS ASSOCIATION HELPING FUND CONSTRUCTION OF A CONCRETE SURFACE DRAIN
BETWEEN THE CITY DITCH ANO THE WOLHUP.ST LANDING TOWNHOMES TO 11iE WEST.
(iii) ORDINANCE NO. 27, SERIES OF 2001 (COUNCIL BILL NO. 26,
INTRODUCED BY COUNCIL MEMBER WOLOSYN)
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A SECOND AMENDMENT TO 11iE
AGREEMENT AND SUBLEASE BETWEEN THE MUSEUM OF OUTDOOR ARTS (MOA), 11iE
ENGLEWOOD ENVIRONMENTAL FOUNDATION , INC . (EEF) ANO THE CITY OF ENGLEWOOD,
COLORADO (CITY).
(iv) ORDINANCE NO . 28 , SERIES OF 2001 (COUNCIL BILL NO. 27,
INTRODUCED BY COUNCIL MEMBER WOLOSYN)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR
MAINTENANCE OF THE BIG ORY CREEK TRAIL BETWEEN SOUTH SUBURBAN PARK ANO
RECREATION DISTRICT ANO THE CITY OF ENGLEWOOD.
(v) ORDINANCE NO. 29. SERIES OF 2001 (COUNCIL BILL NO. 21 ,
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VALE GRANT FROM THE VICTIM
ASSISTANCE LAW ENFORCEMENT BOARD OF THE I 8TH JUDICIAL DISTRICT.
Vote rtsults:
Motion carried.
Ayes: Council Members Nabholz. Garron, Bradshaw, Wolosyn,
Yurchick. Grazulis , Bums
Nays : None
(c) Re so lution s and Motion s
There were no additional resolutions or motions submined for approval. (St" Agenda Item 11 • Regular
Agenda .)
11. Reaular Agenda
(a) Approval of Ordin anc es on First Readin g
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(i) Open Space Mwcer Loe presented 1 (ICC)IIIIIIOl1dioa liocn die Dlpo-of
Parb and Reaeation to ..:Opt a bill for an ordinance 11111\0riziq an 1ntersavemmenlAI Apem!llt widi the
Army Corps of Enaineen for an Air Moni1orin;1 Station II the En&lewood Golf Co•arse. Ile advise<t tllll,
back in February, he was approached by a r<prosentllive, llom the IT COfl'Ol'llion, ropntin& 1111 llr
monitoring unit that they wuuld like to place out at the golf course. Mr. Lee explained U11t this '1Dit is one
of several 11\111 th~v need 10 have in place 10 monitor the Shattuck Chemical Superfund Site as r~.~\ si.:e is
cleaned up by the Army Corps of Enaineen and the EPA . The IT Corporation selected our sir,, he said.
because it was downwind and a certain distance away from that site. Several of the moniton are 1oina to
be on that site also. This monitoring system is to establish that thero aro no contaminants going out iDlo the
air as they clean up this Superfund site . We arc just ~commending that we go along with this and help
with this for the safety of the citizens 1111d so forth.
Council Member Bradshaw asked what the Army Corps of Enginem would be looking for with this
monitoring site . Manager Lee stated they a,,-, just looking for any contaminants . This air monitoring
system has a large volume air capacity that rw1s through this into a filter. They will come out weekly,
change the filter and look for any of the contaminants that might, potentially, be dispersed in the air.
Council Member Bradihaw asked what contaminants they aro looking for . Mr. Loe said they are probably
looking for heavy metals and so forth and whllever is buried in dill sir,, I am not roally sure, be said. Ms.
Bradshaw commented that it just concerns her that it could be airborne.
Manager Lee staled that the whole idea is lo prove that nothing is getting off that site, because they are
tenting the whole site as they get rid of the waste there. Aod whll they need ar< the air monitors to prove
that they an, not releasing anything into the air.
Council Member Yurthick asked if this is for when thev do their removal at the site, if that is what they ar<
trying to monitor. Manager Lee sai<l that is correct, ye;, He advised that thac is across from the Overland
Golf Course and it is very visible from Santa Fe.
Mayor Bums commented that you can see it from the light rail.
Council Member Grazulis asked ifthi~ :snot to exceed thirty•two months or around that time . Manager
Lee said that is right. They are going l,1 start in September of2001 and will continue through December of
2002 .
Council Member Wolosyn asked ifCounci: would be hearing anything about the results of their
monitoring. Mr. Lee advised that they did not indicate if they would be doing that, but that he was sure
since they arc operating a site at the golf course that we could inquire about that.
Council Member Yurchick asked if this was a pre-reading, because he said. he didn't believe they would be
able to clean that site up in a year, by December of 2002. Manager Lee said he was sorry, it will continue
through 2003 .
,,uncil Member Garren asked how !All the apparalUS is and whll the visual impact will be on the golf
course . Mr. Let advised h will be located right outside of our mechanic's shop, it is approximately three or
three 1111d a half feet tall and made of stainless steel . There is a timer in it and an electric motor, which runs
the air system and the filler .
Mayor Bum~ -'.:ed about the location of the mechan :c•s shop. Council Member Garrett said it is where
the y had their get together for lunch . Mayor Bums n<.,ed that used to b: where you actually started
playing. Manager Lee said yes .
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City M 1nager Sean said he would just like to add to whit Manager Lee has said. He noted that Sllft'lllbd
about 1h15 a lot and had mixed feelings about whelher or not we really wanted 10 panlciplle. But I dtlnk, he
,aid. even though we don't anticipate anything happening •long :hat area. 1h11 we really o(lled to uk ibe
Co11:i :ii 10 participate becau,e ofdte visibility and the public narun, of the golf coune. If there are dtin11
g•,·11 ~ ,,n, we would at least have first hand knowledge ofit.
Council Member Garren said he would recommend that they put something in the 1gr,em<n1 dtat roquim
them 10 inform Council of their results. Council Member Bradshaw sai d she agrees. Mr. Garm:
commented that it is nice to have good faith efforts, but we need to make sure we are advised.
COUNCIL MEMBER GARRHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (1) (I)· COUNCIi. ti?L! "10. 30 AS 1\-:vr,IFIED TO HAVE A REQUIREMENT THAT
EPA GIVE US THE L .'.l ._ !'.: •. :, .. rs AS Trlr;'I' CO).LECTTHEM.
COUNCIL BILL NO , 30 ':,TH01.Ju.:ED BY COu'l'!C!'~ MEMBER GARRETT
A BILL FOR AN ORDINA'◄CE AUTHORJZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED "DEPARTMB IT OF THE ARMY RIGHT OF ENTRY FOR ENVIRONMENTAL
ASSESSMENT AND RESPO!iSE" BETW ~EN TI!E U.S. ARMY CORPS OF ENGINEERS AND TI!E
CITY OF ENGLEWOOD PERTAINING TO THE PLACEMENT OF HIGH-VOLUME AIR
MONITORING UNIT AT THE ENGLEWOOD GOLF COURSE.
Mayor Burns asked if it is the Army Corps ofEngin,m th•t wlll actually have to oo that . Manager Lee
advised that the EPA has des ignated the Army Corps of Engineers and the IT Corpormon is dte
subcontractor.
Vote results:
Motion carried .
Ay,• · Council Members Nabholz, Garren, Bradshaw, Wolosyn,
Yurchick, Grazulis , Bums
Nays: None
(b) Approval of Ordinances on Second Reading
There were no additional ite ms submitted for approval on second reading . (See Agenda Item 10 • Consent
Agenda.)
(c) Resolutions and Motions
(i) [,lfect.or Gryglewicz J,ICSented a recommendation from the Department of
Finance and Administrative S<:rvices to adopt a resolution appropriating and transfming funds for the
Zigan Senlcment (Centennial P.uic Expansion Project property), He advised that this resolution tnnsf'en f.
total ofSl ,306,000.00 from the Gener>I Fund to the Capital Projects Fund , which is $1,053,788.00 for the
balarcc of the Ziganjudgmen~ SI04 ,258 .00 for prejudgment interest and Sl47,9S4 .00 for acquisition costs
and, of that total money, Sl ,158,046.00 will be held in escrow pending the outcome of the uppeal.
Mayor Bums noted that this mancr has been appealed, so this will be held in escrow by the roun during the
appeal process . Mr. Gryglewicz said yes.
The resolution was assigned a number and reaJ by title :
RESOLUTION NO. 46 . SERJES OF 2001
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>. RE:iOLUTl ON FOR THE APPROPRIATION AND TRANSFER OF FUNDS FOR THE ZIOAN
SEIT aEMEN f IN THE EMINENT DOMAIN CASE OF CITY vs ZIOAN (CENTENNIAL PARK
EXPM-ISION P-\OJECT PROPERTY),
cou:·,CIL 1\1[,,tBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGE,,., , IT["1 II (c) (I)• RESOL\JTION NO. ,16, SERIES OF 2001.
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Council Me,ober Bradshaw commented 1h11 lhis is r .. Uy f.ustratinQ, We are doing lhe right lhing. she
said, and I know lhal. bul lhis is a he,;k of• way for some',ody 10 make money and I jusl bate 10 see us use
uxpayer dollan 10 help line lhc pockclS of somebody who runs around and buys property and lhcn people
condemn it and then we go to coun and we pay double . But it's a heck of an enterprise, I gueu. But. she
said. I do lhink 1ha1 lhc ballpark and lhc amenities we.,. pt0viding for our childr,n and midcnis arc well
wonhit
Council Member Wolosyn said plus we are son of reclaiming ;om e land that needs 10 be reclaimed and
enjoyed ,
Mayor Bums said he wanted to mak~ a comme:u. I wns at a Bar Association soc::ial Friday night. he uid,
and I talked to the chair of 'he commission ,.•:ho made the decision on 1he money. She told me dw one of
their members wanted to gi ve Zipn every sintcle thin& he asked ror, lhe other rwo did not go alona with
lha1 and they hrd ■ bi1 of a s1rugglc on lhc commission, Bui. he no1co, she was actually wotkin& 10 bring
this down a little bit, because, as I undersUlnd it, we were in some danger of having to pay a whole lot oore
than this . II was a difficult process . Also. they 1hought som:-cf the witnesses for our side weren't the best
and some of the comparatives wcrcn'l lhc best And. ■ctualiy , ~• said. lhc r,w,vd was a good deal less lhan
some of the p.•ople were asking for and what one of the members actually wanted to give L,:m. He noted
1h11 ii is a 101, bu1 it could have DCCII worse , Indeed. I think lhcy saw this as a situation where the IIUY
pun:hased dtc property and he is making money off of it lhcre is no doub1 about it Mayor Bums opined
Iha! we .,. going IO have a good ""ull in lhc end. but ii does stick in your craw when you are paying lhis
much for somebody who never built anything and never bad a business there .
Vote results:
Ayes: Council Members Nabhnlz. Oarmt. Bradshaw, Wolosyn.
Yurchick. Grazulis . Bums
Nays : None
Motion carried .
Council Member Bradshaw asked wtw our fund balance i.s , what perr.entage arc we al. Director
Oryglcwicz advised lha1 we are cs1im11ing lhal IOwards the end oflhc year thDI ii will be ■bout S4 .2
million , which w,11 be beiwecn 1,% and 13%. Ms . Bradshaw med iflh11 is okay , She commented 1h11
she knows he would like ii 10 be higher, Mr. Gryglewicz said he would like ii higher, Mayor Bums noted
it is not bad . Director Gryglewic2. ag,rttd it is not bad . We will review finances shonly , he said, in Study
Session and we will talk about whtte things are . Ms . Bndshaw said thank you.
12 . General Dl1cusslon
(a) Mayo(s Choice
(i) Ma yo r Bums noted that Council has received a memorandum addressing
Council Member Wolos yn's ancndancc 11 lhc CML Conference, He swcd Iha! be submitted on applie11ion
for CML and ii has been sent in , We couldn 't remember. be Mid. if Council had voted on his appliellion
and, in addilion. he now undmunds Iha! Council Mcmbm Orazuiis , Nabholz and Yurchlck would a:So
like to go . He said ii is his understanding that th e expenses will :..every similar on each one of these
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applications. There ii I det.dline that we are very close to, before we would have to pay some additional
registration fees . Mayor Bums suggested that Council consider the requesll one 111 time .
Council Member Garren said he would like to make I comment. I have somewhat struggled with this, he
said. I guess I am one of these curmud1eons, regarding Council activities and spending taxpayer's money.
I need the opportunity and the time, in order to lf)'X'Ove lhe travel requcsu. to consider Council's reasons
for wanting to attend the various conferences . He pointed out that Council has received a whole series this
year, ~ all of a sudden we say "well we h•vt to bell the ~istration deadline" and I am handed this.
That is disturbing to me , he said . I would sugg .. ,t that, early on, Council should have to fomtullle where
we think we should spend our dollars . where we should send our Council memben and we should do 1h11
at the begiMing of the year. Then we would be structuring our budget around that. as we do the budget
process . That is my personal preference, he said , and I always struggle with this when. all of• sudden I get
a piece of paper and I am a.skcd to vote on a S 1,200 .00 expense and there are several "me too's" that come
in after that Mr . Garren stated that is just his personal preference .
Council Member Wolosyn said she could understand what he is saying . I wouldn't mind having to
aniculate the reasons I want to attend a panicular conference, she said, and submit it with the memorandum
requesti g Council approval of the expenditure . In feet, she said, I thinft that is an excellent idea . As for
reviewing it ahead of time, she pointed out that at one of the budget retrau 11'11 year, we had mooey in the
budget for Council travel and then we took i\ out and when I objected w• ,aid we would review them on a
case by case basis . But. she opined, puning i11 a procedure to review them on a case by case basis, is
absolutely excellent.
Council Member Bradshaw sugges1ed that perhaps that should go in Council's rules.
Council Member Wolosyn noted that CML is I statewide organization. I think it is useful for the
community of Englewood, she said, to show that Englewood is out there panicipeting on a statc•wide level.
It was helpful for me, when I went to NLC. I didn't know until I was there. she said, that the real reason it
was helpful for me , is the bigger reason. which is that Englewood is gening a presence and that helps the
community in the long run .
Council Member Bradshaw commen1ed 1hat Council Member Wolosyn is following the procedure as she
knows it. Ms . Wolosyn sa id that is right , exactly .
Mayor Bums noted that CML is a lobbying organization thal represents cities al the legislature for the
entire legisl:uive period and the y are the ones that reall y fight against some of the bills that take away local
decision making and a lot of the things that they consider to be realty injurious to local communities . They
are right th,n,, on the front line up there, every single day fighting for us in the legislature and, he said, I
think it is good to keep in tune with that. He pointed out that the agenda for the CML Conference is
publishC\t a couple months ahead of time in their magazine . So we could ,uu it up at that time and bring it
before Council and see who wants to go . He stated that NLC does the same thing . So we have an
opportunity to look at the agenda and look at the expenses and see 11 that time, long before the deadlines
come up. what 1he agenda is and who would like to go .
Council t,,-t ember Grazulis said sh e would like to make th e point that she is one of the CML liaison
membe rs. which Council assigned her t:>. That was goin g to be my purpose in attending the conference,
she said .
Council Member Garren explainea that one of the reasons Council pulled it out of the budget is that we
have to be very careful with our travel considering the economic times we are in . He pointed out that
Council approved $3 ,000.00 for travel not that long ago , and this time it is $4 ,000 .00 . It is disturbing to
me, he said. that Council is not formulating a policy as far as what we think is the right way and how we
should fund this .
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Council Member Nabholz asked lfhe would like 10 put 1h11 Into words and dnft I policy , I think 11w
would be excellen1, she said .
Council Member Bradah■w sugested lhal maybe slllf could check on lrlvtl pollci.. &om other cldes.
Mayor Bums s1a1ed lha1 he does nol lhink we have been excessive in lhis, because I know a lot ofColondo
cilies 1ha1 send lhc~ whole Council 10 NLC mce1ings , lhey consider i1 sort oflhe big perk oflhe year and
we have never done that We may have one or two at the most that anend. And, he noted, whole Councils
an,-·j CML, routinely.
Council Member Bradshaw commenied 1h11 all of Council used 10 go, when ,he was on COWICII before.
Council Member Nabholz said lha1 was her question, 1h11 she has asked Council members lha1 have served
on Council beforo, why lhey no longer go 10 CML or NLC and lhey say lhey don 'I need it I need i~ she
said, I need 10 learn, I need IO know ho"' 10 neiwo,i<, I find 11111f out for my community and pass lhings
along 10 my cons1irucn1S . I'm like Council Member Wolosyn, she said, J have no problem ilemizlng
justification of a trip.
Council Member Garrett poinied oul lhal Council has a policy lha1 all 1r1vel receipis for prior lrips must be
reconciled before we can approve the next one . He asked if that was not right. City Manager Sears said
that we.\ right.
Council Member Bra,lshaw said 1h11 is lhe policy .
Council Mc:nber Nabholz said she would have 10 have her llip approved at lhe last minute.
Mayor Bums said he d!ough1 Council Member Gan<tt's poin1 was well Liken and !hat Council can do lhis
better .
Council Member 8,-adshaw :;aid it's a learning curve.
Council Member Yurchick said he doesn'1 look a1 lhis as a perl<, d!is is a 101 of work. He opined 1h11 if you
lhink it is a perk, lhen you an: nol doing your job. Council Mcmben Wolosyn and Nabholz agr<ed.
Council Member Wolosyn stated that it is actually hard for her to get away from her job.
Mayor Bwns said Council Member Yurchick was exactly right. He noted that sor~etimes you do see folks
that go to these and don't go 10 the sessions very much . I have never done that, he said, I !O lO sessions all
the time I am there, I do not take off. But if you go to them. it is work and you learn a lot and make a lot of
contacts and I think it really helps with legislation.
Mayor Bums suggested Council consider the requests separately .
COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE THE
FUNDS FOR COUNCIL MEMBER WOLOSVN TO ATTEND CML THIS YEAR.
Ayes : Council Members Nabholz, Bradshaw, Yurchiclt, Gl'IZlllis, Bums
Nays : Council Member Garrett
Abstain : Council Member Wolosyn
Motion carried .
Mayor Bums said he undenlOOd Council Member Nabholz would also like 10 go. Ms . Nabholz ,aid yes,
but she has not turned in her previous travel receipts. She said she can rum them in tomorrow. She said
En11twood Clly Council
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she undersrands 1ha1 they must be re<oncitcd be fo re she can go on another trip, She asked Council Member
Bradshaw irchal was eoncct, Ms, Bradshaw said yes, tha1 is in COUDCil's rules,
Council Member Nabholz said she wouid not be able 10 requc,1 approval of her attendance al CML lonigh~
u she will not be able to reconcile her previous receipts un1il tomorrow, so she will have to wait until the
next regular session. She noted it will be l11St minute . I wi be glad to anach a sheet to that as to my
reasoning, she said.
Mayor Bums commented that that will be about a week before the conference ,
Council Member ~abholz ask,t..: if thcst' could be ap proved in Study Session . City Attorney Brotzman said
no. yo u need a morion.
Council Member Garren nf\t •,? :it'll ,.olJ.1,.:il c.m discuss it during Study Session.
COUNCIL MEMBER WOLOSVN MOVED, AND IT WAS SECONDED, TO APPROVE THI:
FUNDS FOR COUNCIL MEMBER GRAZULIS TO ATTEND CML THIS YEAR.
Motion carried .
Ayes : Council Members Nabholz. Gamn, Bradshaw, Wolosyn,
Vun:hick. Bums
Navs : None
Absiain: Council Member Grazulis
COUNCIL ME~IBER WOLOSVN MOVED, AND IT WAS SECONDED, TO APPROVE THE
.-UN1lS FOR COUNCIL MEMBER VURCHICK TO ATTEND CML THIS VEAR.
Ayes : Council Members Nabholz, Wolosyn, Grnulis, Bums
Na\'s: Council Members Garren, Bradshaw
Ab~iain: Council Member Vun:hick
M01ion carried.
COUNCIL ME~IBER WOLOSVN MOVED, AND IT WAS SECONDED, TO APPROVE THI:
FUNDS FOR MAYOR BURNS TO ATTEND CML THIS YEAR.
Ayes: Council Members Nabholz, Wolosyn, Yurchick, Gmzulis
};avs: Council Members Garren. Bradshaw
Abruiin : Mayor Bums
Motion carried .
(b) Council Member's Choice
(i) Council Member Nabholz advised that Gary Price will 1-,e retiring after 37 years
and a gathering to honor him will be held June 1• from 4:00 p.m. to 6:00 p.m. in t'1e Community Room .
As a parent with a child who went through Bishop and held spagheni dinners to get the alternative calendar
there, she said, I know this will be a great loss to our school system . She encouraged Council to attend the
reception if possible. Maybe we could pull a proclamation together.
(ii) Council Member Garren said he wanted to clear up his apparent inconsistency.
I voted for Council Member Grnulis to attend CML because she is Council 's delegate lo CML, he said .
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(a) Cicy Manager Sears asked. regarding Ms . Nabholz's request for a proclamation honoring
Gary Price , if there wu a motion to have staff put a proclamation together and then perhaps Assistant City
Manager Flaheny or Mayor Bums or whomever could read that
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Council Membe r Bradshaw opined that someone u outstanding a., (uu1· fnce, deserves that.
Council Member Wolosyn no1ed lha1 Cher 'fufly, a11he Altemativo Hlgll School, is also miring.
Council Member Nabholz asked when lhey would be having her mircmea, "lrt)'. She said we can find out
and then we need to do the same thing.
Council Member Bradshaw stated that those two have been outstandin~ cl 1cators
Mayor Bums noted he would nol be able to attend Thunday's recep1ion. lie suggested Council Member
Bradshaw n:isht read lhe proclama1ion if she wan1cd to . Ms. Bradshaw said she would be !here.
City Manager Scan asked if Council would like to :n staff to draft so1i:cl'...·\g. Council Member
Bradshaw and Nabholz asked lhal Slaff draft some,,., . 3.
City Manager Scars said he didn't know if Council wanted to take official action.
Council Member Bradshaw wondered if Council would like to have them attend the next Council meeting
and lhey could prcs<nl ii to lhem.
Council Member Nabholz said lhat would be a nice recognilion for bolh of !hem.
City Manager Scars said that was great. We will invite them and put something together, he said .
14 . City Attorney's Report
City Anomey Brotzman did not have any matters to bring before Council.
15 . Adjourament
R ~U~S M~~OURN. The mee1ing adjourned at 8:20 p.m.
Clerk