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HomeMy WebLinkAbout2001-07-16 (Regular) Meeting Minutes• • • ENGLEWOOD CITY COUNCU. li111111d ~II ) hflO ff~l:,:11 f IOO~ ~)I ,111I. 1 :,11 11 ENGLEWOOD, ARAPAHOE COUNTY, COLORADO tuautar Saslon July 16, 2001 Mayor Bums thanked everyone for waiting , as Council went over considerably on their Study Session . We would especially like to thank the people who have signed up to speak. he said. for their patience . I. C•II to Order The regular meeting of the Englewood City Council wa s called to order by Mayor Burm at 8:08 p.m. 2. Invocation The invocation was given by Council Member Nabholz. 3. Pied&• of Allegiance The Pledge of Allegiance was led by Mayor Burns . 4. Roll Call Present: Absent: Council Members Nabholz, Garrett, Bradshaw, Wolosyn. Yurcbick, Burns Council Member Grazulis A quorum was present. 5. Minutes Also present: City Man:iger Scars Ci1y Attorney Brotzman City Clerk Ellis Assistant City Manager Flaherty Crime Prevention Officer Petcrson Director Gryglewicz, Finance and Administrative Scrvk~ Director Eaton, Human Resources Director Olson, Safety Services (a ) COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE RfGULAR CITY COUNCIL MEETI'.m OF JULY l , 2001 . Motion earned . Ayes : Council Members Na bho lz, Garrett, Bradshaw, Wolosyn, Yurchick, Bums Nays : None Absent Council Member Gra..'7\llis 6. Scheduled Vlsllon There were no sc heduled visitors . 7. Unscheduled Visitors Mayor Bums again thanked the unscheduled vis itors for their patience . EncJrwood City Councll July 16, 2001 P•a• 2 (a) David Petenon, 2980 South Gal.opago Strre~ said he just received the Englewood Citizen and read that your holiday p&rlde is scheduled 10 much down Danmoulh Avenue from Grant 10 laca and then into CityCcntcr. He staled that, according to past performance, when they staac the parade and everything , they typically close off the street they are marching down. all morning. I want to point out, be said, trult th.at basically closes all access to nonh Englewood, all morning. There is no way to get io10 oonh Englewood, if you close off Dartmouth all morning . There is no way to get in and out without goin1 all the way to Evans. I am really opposed to having that closed all morning, he said, a.s I have a business i.n that north section of Englewood. I was wondering if there is some other way that they can II )cut maybe just close it for a minimum amount of time. Mayor Bwns asked about his business. Mr. Peterson advised th.at he runs a pistol range , the Sbootist Pistol Range at 2980 South Gnlapago Street. Basically, he cxplain~d. Saturday morning is his busiest time. Council Member Nabholz asked if his customers could :access his business from Cornell. Mr. Peterson asked how you arc going to get in there. Yes, he said, you can access it from Come:I, if you can get to Cornell. All of my instructions on everything, basically, he said, tell people how to get to my business from Santa Fe and Danmouth and you arc closing offthal access. Mr. Petersoa stated that the busineSt' down the s=eet will have the same thing to say about it, when he finds out about it, because he likes '.,:-do Saturday business as well. Mayor Bums asked when the Paradr Association would meel again. He advised Mr. Peterson that the Parade Associillion organizes all of Ibis and they have been meeting on a regular basis. We can certainly put you in touch with the Parade Association, he said, because the City Council really doesn't have a wbole 101 to do with the designated parade route. The Parade Association really takes care ofthal. Assistant City Manager Flaheny advised that the Parade Associati on meets the first Thursday of the month at 11 :00 a.m., normally in the City Counc il Conference Room on the third Ooor. Mayor Bums advised Mr. Peterson that he could certainly talk 10 them and get more information from them. (b) Don Leach. 4395 South Galapago Strcct, lhankcd Council for the opponunity to speak. He noted his family has been in Englewood for about SO years. l saw .n anicle in Westward, he said, and I had planned on coming earlier. I don't know whether this subject has come up before, but it really concerned me and it seems to me that the citizens c'Eoglewood arc entitled to some kind ofa comment or response on ii. This is from December 28 , 2000 . Quote , "in August, Englewood City Councilman Pe1er Mike Yurchick was arrested by Atvada police as pan of an investigation into stolen auto parts and charged with theft for receiving stolen auto parts at his au10 salvage yard. Yurchick, 48, ruld laken office in Novembe r 1999." It seems 10 me, Mr . Leach said, th3t the citizens of Englewood ::ire entitled to some kind of::i commcnl or response on Mr . Yurchick 's ability to se rve in lighl of this situation . Counci l Member Yurchick advi~d that there were no charges filed . tha1 1hat article is incorrec t Mr . Leach asked ifhc was arr es ted . Mr . Yurchick explained that he was arrested, but no charges were subsequently filed . So , ~1r . Le::ich said, there is no case and it 1s all over. Mr . Lc:ich asketl Mr. Yurchick ifhe had any other commen1 he wot.:.h1 lik e to make . Council Hember Yurchick asked Mr. Leach wha1 he wanted him 10 s.1y, what he wanted to hear . w .. ::, Mr . Leach sa id . when a person reads an article like this about a Ci1y Councilman you can understand why I might ask a qucs11on . Counci l Member Yurchick explained that when you are in a used business. vehicles arc sold and these vehicles were bought on a bill of sale, paid for with checks. properly logged ,n and properly recorded . My records were in ord e:, he said . At the 1ime !he police didn·t know who was involved with what. If anything, I was more of a victi m in this lhan anything else . • • • • • En1lewood City Council July 16, 2001 P110J IIIJ fl! ) t.Ul'J t ,ln1&J Jont ell ♦lut ~"t!f, lf Mr. Leach asked if Mr. Yurthick was unawan, !bat they wm: stolen vehicles or stolen puu. Council Member Yurchick said Iha! was corm:1. Mr. Leach said be was plCIICd lo bear Iha~ but be lboughl Mr. Yurchick could undersumd why he Tl'Ught raise the question. Council Member Yurchick stated that J,e did full y cooperate with them irt 1heir investi ga ti on and the Westward art icle was incorrec1. I re au the same artic:le , he said. and thought about asking for a retraction, but I just figured it was better to let it lie . Because, Couocil Member Bradshaw said. they would screw that up. Mr . Lea ch said he accepted Council Member Yurchick 's res po nse. He noted that this just shows that some people are interested in what goes on even if we can ·, be here all the time . 8. Co mmunications, Proclamations aod Appointments (a) A proclama1ion declanng Augusl 7, 2001 as Nation1I Nigbl Oul was considered COIJ?',CIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING AUGUST 7, 2001 AS NATIONAL NIGHT OUT. Motion C3rricd . Ayes : Council Members Nabholz, Garren, Bradshaw, Wolosyn, Yurchick. Bums Nays : None Absent: Council Member Grazulis Mayor Bums presented the: proclamat!on to Crime Prevention Officer P1:tcrson. As you know, he: said, this i.s the incomparable: Nancy Peterson . He: noted that she: is a wond~!'f-.. : police: officer in charge of Neighborhood Watch illld Block Captains and all kinds of other things in this City . This is a proclamation declaring August t• as National Night Out he said, and Officer Peterson and her crew arc the: ones that arrange: all the places for Council to go and she has been involved with this for several years . Offi cer Peterson has been nationally recognized for her work in this area and we arc: extremely proud ofbcr. We are just delighted ro have Ms . Peterson with us again tonight, he said . Officer Pe1c:rson thanked Ma yor Bums. She noted she had officia l Neighborhood Watch T-shirts for all of the Council members . Mayor Bums thanked Ms. Peterson again for her work and he asked for a big round of applause . 9. Public Hearing No public hearing was scheduled before Council. 10. Cons,nt Agend• MAYOR BURNS REMOVED ITEMS 10 (a) (Ii) ond (Ill) FROM THE CONSENT AGENDA. COUNCIL MEMBER GARRETT MOVED , AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITDIS 10 (•) (I), (Iv),(\'), (vi), (•ii), (••Ill), (11) and (1), 10 b (I) and (II), AND 10 (<) (I) and (II), (a) Appro val of Ordirn1n ces on First Readin g (i) COUNC IL BILL NO . J3. INTR ODUCE D BY COUNC IL MEMBER GA RnETT A BILL FOR AN ORD INANCE APPROV ING AN IN TERGOVERNME NTAL AGREEMENT BETWE EN THE ARAPAH OE COUNTY BOARD OF COMMISSIONl. ~S BY AND THROUGH THE Enalewood City Council July 16, 2001 f '"" ) ru -. h1 uu J-.u i J -O: 4'1 t11,1 _,, Paae ◄ ARAPAHOE COUNTY CLERK AND RECORDER AND 11-IE CITY OF ENGLEWOOD TO CONDUCT A COORDINATED EI.ECTION ON NOVEMBER 6, 2001 . (iv) COUNCIL BILL NO. 40, INTRODUCED BY CO UN CIL MEMBER GARRETT A BILL FOR AN ORDINANCE SUBMITITNG TO A VOTE OF THF. REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXf SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE VI, SECTION 46, OF THE ENGLEWOOD HOME RULE CHARTER. (v) COUNCIL ~ILL NO . 41 , INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE VJ, SECTION 47 , OF THE ENGLEWOOD HOME RULE CHARTER. (vi} COUNCIL BILL NO. 42, INTkODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE IV, SECTION 34, OF THE ENGLEWOOD HOME RULE CHARTER. (vii} COUNCIL BILL NO. 43 , INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF TiiE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE V, SECTION 41 , OF THE ENGLEWOOD HOME RULE CHARTER. (viii) COUN CIL BILL NO . 44, INJ'ROD UCEO BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE C'f l liE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE X, PART IV , SECTION 113 , Or 7HE ENGLEWOOD HOME RULE CHARTER. (ix) COUNC IL BILL NO . 45 , INTRODUCF.D BY COUNCIL MEMBER GARRE TT A BILL FOR AN ORDINANCE SUBM ITTING TO A VOTE OF THE REGISTERED ELECTORS OF ,ric ClTY OF ENGLEWOOD AT THE NEJ.'T SC HEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE X, PART IV . SECTION 116, OF THE ENG LEWOOD HOME RULE CHARTER . (x) COL");C IL BILL NO . 46. r.-'TRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZIN G THE EXECUT IO N OF AN INTERGOVERNMENTAL SUBGRANTEE AGREEMENT BETWEEN THF. ARA°' HO E BOARD OF • COUNTY COMMISSIONERS AND THE CITY OF ENGLE WOOD . (b) Approval of Ordinan ces on Second Reading • Eapewood City Council July 16, 2001 P11e 5 f dlft;) 1t,) hfl'l•H-,f;tfl.i 111,J' ,n f ~lul ;) ,~,_,, (i) ORDINANCE NO . 32, SERIES OF 2001 (COUNCIL BILL NO. 34, INTRODUCLD BY COUNCIL MEMBER GARRETT) AN ORDINANCE APPROVll'IG SUPPLEMENT NU. 150 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION r)F LAND WITHIN llfE DISTRICT BOUNDARIES . (ii) ORDINANCE NO . 33, SERIES OF 2001 (COUNCIL BILL NO. 35, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO FOR TIIE TRANSFER OF THREE STA TE HIGHWAY PATROL VEHICLES TO BURT AUTOMOTIVE . (c) Rcsolu1ions and Motions (i) RESOLUTION NO. 62 , SERIES OF 2001 A RE.SO LUTION AUTHORIZf,~G llfE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE E'IG LEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY I, 2002 THROUGH DECEMBER 31, 2003. (ii) CONTRACT WITH LYNCH MATERIALS HANDLING COMPANY OF BROOMFIELD FOR THE REPLACEMENT OF RECREATION CENTER LOCKERS IN THE AMOUNT OF 572 ,626 .67 . Vole results: Ayes: Nays : Absent Morion carried. Cou-,cil Members Nnbholz, G11ITctt. Bradshaw, Wolosyn. Yurchick.. Bums None Council Member Grazu lis Mayor Bums sraced that he thought it was imponant for the public to hear a few conunents on 10 (a) (ii) and (iii). 10 (a) (ii) Director Gryglt:wicz presented a recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance submining to the registered electors of the City of Englewood a question t-'l issue debt for Parks and Recreation Projects . He advised that this Agenda ilem ~ubmits a vote to raj ;c the General Obligation Debt of the Ci,y to Sl2 .8 million for Parks and Recreation projects . A flyer wenl out with the Citizen. he said, explaining that this would update the City Recrc:uion Center. the Malley Senior Recreation Ccn 1cr and construct an aquatics park. He explaircd that this is required to go 10 a vole, not only by our Chaner. but by the Staie Constitution under TABOR as well. This is 10 issue S 12.8 million in bonds. he said, ilOd the total repayment cost is estimated at S2S . 7 million . The ma.,c,imum property tax incre.ise would be S 1 J million. Those are prcny conservative numbers , he sai d, and it wi11 probably be less than that, but we wouldn't w11.nt to .. low ball" it and then have to go into the City funds . We estim:ated it high on the repayment portion. he said. and this is requiltt to go to vote and it is for Parks and Recreation Projects . Mayor Burns said that as hr ·crstancls iL these projects have been in the planning stage for sometime. He asked if that was correct. L)1rector Gryglewicz advised that the land has been purchased for the aquatics center and the bonds for the Recreation Center were issued some yean ago and they will be retired next yer. If this is approved by the voters this November, he said, it will be about a 70 or 80 cent increase from lnslewood City Council July 16, 2001 P11e6 111•111') ) 111 ) boou1l:;;n:1 IOO: "'' _l,it ? $JJ.rf current ta, levels on a $200,000.00 house per month. so it iJ not a huge bump up fot somo prcny substanrial projects \'m"t would rcolly bencfir. a lot of the ci tiuns. Council Member Bradshaw said, as Dimtor Gryglewicz mentioned, that in the Citizen there wu I really good anicle, but people ■re still confusing thiJ with the Cul11U11 Ans Center election and ,be felt Council Member Wolosyn should know this . Council Member Wolosyn asked how that happened. Council Member Bradshaw s■id I don't know, but we nceJ to be very car~ful 10 explain that this is Parks aod Recreation only and the Cultural Arts Commission needs to help us with that. They need to help us get the word out that their issue will come at another time . Council Member Wolosyn ad vis,d that they have something in the pipeline that will nakc that clear. Council Member Bradshaw said okay, because I heard a conversation at the Recreation Center and I had to decide ifl wanted to wade in and :add 10 the confusion or just listen II d it was very confusing. It is being tied directl y 10 Cultunl Ans. Council Member Wolosyn said that to her it is a very simple issue ·.o clarify, to explain that this is a bond for these three very definite projects, the other project is a bigger project and 2003 is the earliest we can do that. Council Member Bradshaw noted this is a 70 to 80 cent increase in what the y are paying now per month and the CullUn) · -u would l,c considerably more . Council Member Wolosyn pointed out that the reason it is 70 to 80 cents is because we are retiring a bond and replacing it with this. Mayor Bums said that is right , that is in ~~omparison to what they are paying now. But, Council Member BtJdsbaw said , that is confusing to pe~,lc. Council Member Wo'.osyn advised thll she will do her best to clarify that situation . Okay, Council Member Bradshaw r.aid, a·,d I will help too . Ma yor Bums commented that !hi s is the first rime he has heard that people uc confusing this with Cultural Ans. Council Member Wolosyn said she has nC\'Cr heard it was confusing , thn1 she has always been told 10 make it clear that we do suppon the Parks and everyone on the Cultural Ans Commission fully supports the Parks ;md Recreation bond. And. she said. I b.!lieve we did do that every time we met last summe r. We 3rc going 10 try to make dun more pubhc but I rc31J y didn 't want to be doing ii before things were passed through Council. Council Member Bradshaw said she 3ppreciates that. Council Member Wolosyn adv~ri thnt the )' ha ve, every time they have me1 , µublicl y stated that. Ms. Brads'..o w said okay. Ma yo r Bums asked if1here were any other co mments . There were none . COUNC IL MEMBER GARRETT MOVED , ANO IT WAS SECONDED , TO APPROVE AGENDA ITEM 10 la) (II). COUNCIL DILL NO . 38, INTRODUCED BY COUNC IL MEMBER GARRETT A BU .L FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTOR!: Of THE CITY Of ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A BALLOT ISS UE AUTHORIZING THE ISSUANCE Of GENERAL OBLIGATION BONDS ANO THE LEVY Of .. • • • • • • En1lewood City Council July 16, 2001 ,,11 ) , ) l, oH,J:,11 P■K• 7 101),. ,I) ,1ut hJq PROPERTY TAXES TO PAY SUCH BONDS ; SETTING THE TITLE AND CONTENT OF THE IIALLOT FOR THE ELECTION: AND PROVID~G OTHER MATTERS RELATING THERETO . Vote results: Ayes : Nays : Absent: Motion carried . Council Member, N•bholz, Gan<tt, Bradshaw, Wolosyn, Yurchick, Bums None Council Member Grazulis 10 (a) (iii) Director Gryglcwicz presented a recommend.Inion from the Department of Finance and Administrative Services to adopt a bill for an ordirumce subminiog to the registered electors of the City of Englewood a proposed amendment to Article X, Patt Ill , Section 104 of the Charter of the City of Englewood regarding General Obligation Bonds. He explained that this issue did ootjusl come up this year , thal we have been looking at it for a number of ycan. We took a look 11 the City's deb 1 "3pacity, be said . which is relatively low. lt is based on)% of asstSsed value and. as you know, especiall) m a residential community, where the assessment ratio is based on residential property, it is comi dcrably lower than commercial, 29% compared 10 9.15%. So we have I l■rge ■mountofrcsideoti■I and it is assessed very low . What happens is , conscqucotly, you have a very low bonding c1p1city. Right oow, if the Pub and Recreation project passes. with 300/4 assessed, there will really be no General Obligation capacity in the City after that or very little. It is very seldom that we do is.sue G.O. Bonds, the last one was the Recreation Center and it will be retired next year . He noted they are issued for general public projcets, so we don'I ju.st issue them all the time, but we looked al 3% ■nd then we looked 11 what 3% of aclUII would be and that raises it about six times. So, if this were to pus, then the City's debt capacity would be just over $60 mill ion. One thing I would like 10 clarify, he said, is that jwt because this p■sscs it doesn't mean the City can issue debt: we are rcsnictcd by both 1bc City Charter and tht State Constitution to have a vote of the people, in the afTmnativc, prior 10 issuing ■oy debt. So , be pcinted out. while it provides the c■pacity, it doesn't give approval and I want to make Jure everyone lcnows that. Mayor Bums pointed out that General Obligation Bonds have always required a public vote. So just because you are increasing !he capacity it doesn'I mean that you are issuing debt. Any individual measure that would be passed. because of that increase, would be voted on by the ci1izens of Englewood . Director Gryglewic:i: ,,aid that is absolutely correcl and i1 1s done very seldom and i1 1s usually for pretty widely used or widely ac.::epted public projects . Mayor Bums asked if there were an y other questions or commcn 1s. There were none. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (•) (Ill), COUNCIL BILL NO . 39, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE X, PART 111, SECTION 104 , OF THE ENGL EW OOD HOME RULE CHARTER . Vot, res ulls : Ayes: Nays : Absent Molion carried . 11. Regular Ag•nda Council Members Nabbolz. Garren. Bradshaw, Wolosyn. Yurchick. Burns None Council Member Grazulis Ea1lewood City Couacll July 16, 2001 P11e 8 (1) Approval of Ordinances on Firs1 Reading It nuo) ,11 l ht1un·1 1,n 100: '11 vlul r.~ , There Y.'Crc no additional items submincd for approval on firsl reading . (See Agenda hem 10. Consent Agenda .) (b) Approval of Ordinances on Second Reading There v..-crc no additional items submitted for appro val on second reading. (Sec Agenda Item 10 ~ Consent Agenda.) (c) Resolutions and Motions {i) Director Eaton presented a recommendation from the Human Resources Deputment ro approve, by motion, the appointment of a Hearing Officer for the Englewood Police Benefit Association i~assc. She said she wanled to stan by point ing out that there bas been one change in the retommended 1rbitr11ors. One ofrhe individuals lhar we lisred initially, Dao Daly, has wilhdrawn bis interest in acting as an arbintor, so we have substituted Lawrence Holden. Ms. Eaton stated that the Human Resources sllffwould like 10 r<commend lhal Mr. Holden be lbe arbimuor lhal we select for Ibis process. Mayor 8\.D'tlS said I sec your arbitrltors are spread around the country. He asked if these are real specialislS in this area. Director Eaton said yes, the Arbirration Association provided the oames 10 our respective anomeys . the Union 's anomey and 1he City's anomcy. I understand that Mr. Holden does have an office in Vail, she said. so he has a little bit closer proximity to us 1han the other two. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO APPROVE THE APPOINTMENT OF LAWRENCE HOLDEN AS THE HEARING OFFICER FOR THE ENGLEWOOD POLICE BENEFIT ASSOCIATION IMPASSE. Ayes: Nays: Absent: Motion carried. 12. General Discussion (a) Mayor's Choice Council Membm Nabholz, Garren, BBdshaw, Wolosyn, Yun:hick. Burns None Council Member Grazulis (i) Mayor Bums advised we had the Transit Alliance meeting here at Civic Center on Thursda ). There were presentations by Cal Marsella from RTD. Tom Nanon from COOT and Bill Vidal fror.1 DRCOG . He noted there was a lot of discussion about the Transit Alliance survey. I think you receive<'. all the rru1tcrials from tha1 meeting , he said . I had 10 leave pan of it because I had to go to a Pensio1J Board meeting, but it was a very positive meeting about the future oftrunsponation and transit in lhe arc ~ With this group, the Transit Alliance , you arc preaching to the cho ir when you talk about transit. But 1t •••-'&Sa pleasure to have them here . Ma yor Bums advised th:11 Coun cil ~ember Wolosyn is the dele gate :md he asked if she woul d like ro co mmen1 on the meel ing. Counc il i\-1c mber \Volo'iyn said she would jus1 like lo say 1h3 1 the one thm t; the Transit Alliance docs is that the y seem to 11.lways try to give Englewood n lot of good press . When I go to the meetings, they always talk about us as son of the showcase project. Frankly. we are the only stop I ever hear them mention, she said . Ma yor Bums commented that we ha ve earned it. • (ii) Mayor Bums advised that he has his CML Convention R!pon, which probably has more sruffthan you ever would want to see from CML. But. nevertheless , there are some handouts in there that I am going to have copied :ind distributed to Council. he said . • • • Enalewood Cl1y Council July 16, 2001 P11e9 u , I ) buaf, IJn i 1111): ,~ 1h,t 01 ~-·1 (iii) Mayor Bwns commented that he is a little confused about when we are aoina to star1 the elevator . Three reports in a row have said they stanc:d the week of the 21• ofJuly, which is a Friday. He uked for more clarification on when the interior con.,truction of that cl~votor will actually begin. City Manager Scan statf'd that he would make swe Council receives an updated repon on lhat. 1 &a1ked to Rick K•bm. he said, and lbcre wu I difficully wilh plans be1w .. n bolh Tryba and lhc clcvaior people lha1 has b«n resolved . I know it has been resolved. be said, bur I am not 100% ccnain of wbeo they will atart. He said he would provide Council with that infonnation. (iv) Mayor Bums said be attended Officer Nanc y Peterson's Safety Services volunteer appreciation diMer in Jason Park July 11th. We had rain unfortunately, and it cut down on the attendance some, he said, but it was a very good event and both he a.nd Gary Sears spoke. Once again they honored the many. many volunteen that help us io our Safety Seniccs programs, he said, and we are very grateful to all of those folks who are loyal followers of Safety Services and Nancy Peterson. (b) Council Member's Choice (i) Council Member Nabholz : I. She said Justin and Josh Jones al 3033 South Delaware arc very well known 10 lhe Cily and they arc staning ro raise some thunder again. There is a minimum of fifteen to eighteen kids in rhc yard at a lime, she said. and at 4:00 in lhe rooming, yeslerday morning, the)' were screaming and rwing and ravina, I don'1 know iflbc neighbors called or wba~ but lhe police went by. Council MemberNabholz advised !hat she has had two complaints from the neighbors th3t live on each side , that that needs to be reigned in. I don'I even know irthcre :ire parents there at this time, she said. 2. She advised there was a live mariachi band that played at the duplexes at 3068 and 3070 South Delaware until 1 :30 Sanu-day morning . I would like for the Impact Team to check on that, she said. 3. She said she has bad cnmplain:s abou1 lhe weeds , tl'llsb and appearance of the house al 41S Wes1 Oartmoulh. 4. She said. regarding the starus of the brick wall that she turned in last week, that she noliccd some of the weeds arc gone, but she didn't sec that come up as a Council request. The brick wall was smashed on Elati and Floyd . City Manager Sears advised that Rick Kahm is working on that and he is aware of that. Ms. Nabholz said that is all she ilSks, that 1hat is fine . 5. She suggested they check the temperature in the Community Roont Maybe it is just me tonight. she said , but it was a bi1 chilly in there . Ci1y Manager said okay . (ii) Council Member Garren : I. He said he noticed on our Con.'ient Agenda th11t we arc gening new lockers in the Recreation Center. Mr . Garren said he wanted to complimenl Jerrell Black on the new lockers, because they wm be coming during his week off. They will be a welcome add111on. a1 leas1 in certain areas . 2. He said when he read through the Agenda he n:aliz,d how many blllot questions Englewood wi~ have on 1he ballol. I am really concerned, he said. that people will be son of overwhelmed with the nwnber of questions. Most of it is benign. its Charter nuances and things Ii.kc that, be said , but I am worried we will lose our message and how we as a City, and as representatives, can get the message out in. hopefully, a clear fashion as to what we are re.:iUy asking, so we don 't have confusion. En1lewood Clly Council July 16, 2001 P15e 10 1111 'h) lt<,11;1:,l:i-1, ~ JOOt,M IJ11t P,tiL'f Council Men1Ler Wolosyn sugges1ed they make a pamphlet like the one that went into the Citizen and make ii very si~le. Council Member Bradshaw said we couidjusl say on ii 1h11 for a S150,000.~~or $175,000.00 house Ibis would be the impact and if it is none put zero. City Attorney Brotzman advised that the problem is that the Fair Campaign Practices Act prohibits most of that. We can put together fact sheets and the questions arc actually going to be put in the Citizen, bul that is all we put is the question itsclr. Council Member Bradshaw asked if we can put in information on financial impac1. City Attorney Brotzman st:llcd we can put that in the fact sheet that they can pick up, but it can 't be included in the Citizen. Council Member Garrett said that was one of the reasons he was concerned and he wondered if anyone else had the same concern . Mayor Bums said he had the same impression and he nsked if the citizens were going to be asked to vote on every one of these . He agreed it could really get confusing . He said he w.:.s glad Council Member Garrett brought 1hat up . City Attorney Brotzman said, for example, that Mr. Black right now, before tltis goes on second reading, has a number of pamphlets lhal are going out. Mr. Brotzman poin1<d out ti-.I anything, before second reading of this ordinance, is fair game and it educates our citizens, ii educates the Council and that is the whole idea . But.. once we hit second reading, and that is why second reading is deadly in this, we arc then bound by the legi,lation . So, Council Member Bradshaw said, duu is the first meeting in August. City Attorney Brotzman said that is correct. Mayor Bums noted City Attorney Brottman had mentioned we could prepare fact sheets tlut could be picked up . He asked if they co uld be placed at the Recreation Center, the Golf Course, Civic Center, the Library, or wherever. for distribution. City Attorney Brotzman said yes, as we would handle any other inform11 tio n. Council Member Wolosyn said she is just curiow, that she is not trying to state this in a way that is pcrs unsive, but she asswned the fact sheets will explain the questions in a way that the nonnal citizen can understand . Because , she pointed out, some of them are really very simple. City Attorney Brotzman said yes and the idea of the fact sheet. it i'i intended to breilk the quelitions down. But. Council Member Garrett said, the fact sheet caM0 I go in the Ci 1ize n after second reading. City Attorney Brotzman said that is right. Council Member Bradshaw s1ancd 10 suggest that they hand the fact sheets out at N:uional Nig ht Out and then she realized that they can't, as it will take place after seconrf reading . City Anomey Brotzm1n no1ed 1hnt Council and senior staff will be the ambas sadors in gelling thts information out to the ci1izens . We are reall y counting on Coun cil 10 talk to their constituency. he said . Council Member Garren staled he is concerned that if 1hey stan seemg ballot ques1ion after ballot question. people will just go no and they won 't bother to read it. Council Member Bradshaw agreed. Mayor Bums noted that National Night Out would be a rime to talk about this, as Council cnn still talk about this. discuss 1he issues, after second reading . City Ano rne y Brotzman said absolutely. that Council is not restricted from discussing the issues. Tbe issue is that we caMol spend money 10 di.,lribute items . • • • • Ea1lowood City Countll July 16, 2001 P11e ll (Iii) Council Member Bradshaw: II) l•out, l:11·1 II I' fl/ tlul 1 JjC11 I. She adv ised that she attended an early Night Out meeting last Saturday night in the SOOO block of South Huron. I know that we arc really, seriously looking 11 help ing the people 11 Kent Village with the noise mitigation off 285 . she said, but I also think we need to look at that Belleview corridor and see Mllt we can do to do ttaffic calming and no ise mitigation. because it is so no isy. I li ve off of Bellev iew , but I live down a hill so I don 't hear tha t. But tha t is just really atrocious, she said , and that was a weekend night, so I would hate to think what it would be like during the week . Ms . Bradshaw op ined that it has to be awful. 2. She said she is reall y excited that Bail y's is finally going 10 move he re, but she asked if they could take: cm of their propc:ny on Clarkson because ii looks really tacky. 3. She: said she had a question for Director Olson regard ing Code: Enforcc:rnc:nt. I reall y appreciate the c:ffons of Code Enforcement, she said. but I think we arc: missing some major properties , which are the school propcnics , that they do have weeds and the y uc tmhy. She commented that she did not know how we could work through that with them. The detention ponds, the Hctbcrt Hosanna Athletic Fields, arc just a mass of weeds on Clarkson, she said . and I really think that enforcement needs to be equal for all people in the Ci ty . She po inted out that she had also noticed that Sinclair is not :n the W '. of shape . I know that Cla yton is under construction . but still, weeds need to be taken care of. Chc:rrelyn is probably the best at this point, she nolc:d . Director Olson said he could not think of any reason why we haven 't been particularly forceful with the school sys1em, but we: can definitely start. He said he thought, over at the detent ion pond, that that will be a combination of working , not onl y with the school system, but with Pub and Recreation as well, because it i.s kind of a combined project over there:. I will check tomorrow and find ou t, he said. Council Member Bradshaw com.nc:ntcd tha1 she knows school isn 't in session, but it is still property and when somebod y across the street gets a citation and then they look across the street and the weeds are twice as high. that is reall y not equitable. Director Ol son agreed . He: sa id he has noticed some problems at Flood Middle School as well on that nonh lot. Council Member Bradshaw agreed that 1hey need to do something about the weeds in the: concrete in that lot . Director Olson advised that he would check 10 tomorrow 10 see if there is something that prohib its us from deali ng more directly with them . 4. She thanked Director Olson for the continued enforcement oflhc spttd limit on Broadway and Belle vie w. She noted there are some people who arc nol happy with us, but ii sure seems a lot safer, especiall y for kids goi ng across 10 1he parks and stuff. Direc tor Ol so n s1a1ed 1hey would continue trymg to do II as much as the y can, bul we can't do it consis1e ntl y. so we will try 10 hil ii on a ro1n1i onil l type ba sis . Bui . Coun cil Member Bradsha w noted , 1ha1 inl crmutenl is working \'Cry we ll . Sh e thanked Dire ctor Ol son . Mayo r Bums sai d, spe ak.m g of weeds . tha1 he had as ked abo ut Kent Vill age, where there is a long stri p right on 285, and was told the y had co ntacte d 1he 0"-11Cr. He .i skcrl 1f 1hc owner is 1he homeo wncr's as soc iat ion and iflhat is pan of thei r common elc ffic!nt. Director Ol so n sa id he would think so, that it is either State highwa y ri ghl there or whoever takes the strip . Englewood City Council July 16, 2001 P11e 12 lllllUO) /I ) lip!JU,J:fn -1 /l)(l!, II ,Jut. 11 ~•'I Mayor Bums commented lhat he is very surprised tha1 llteydon'tjusl have a regular maintenance procedure out there. Director Olson said he Will not sure. But, he noted, apparently we have made contact willt the owner, but I do not know who !hat is. City Manager Scars said we did and there was a repon . Director Olson said yes, there is a repon in Council's packet, but be was just not sure who the owner is. Mayor Bums pomtcd out thal they are pretty consr.ientious folks over there and he was a little surpri:.cd to find ou1 1tui1 1hey had 10 be pushed to cut 1hose weeds . City Marutgcr Scars advised they would do a follow-up. (iv) Council Member Yurchick said he would like tl thank Darren Hollingsworth for the rcpon on the Catalyst Program. He said it shows that the facade program is alive and well. (v) Council Member Wolosyn: I. She said six had a clarification question on the proposed resolution establishing an Attendance Policy for board and commission members. The third point states that the chair of each board or coll1llUssion shall detemtine wh4t is an excused absence. She asked if that refers to the situation where someone calls and says "I can't come 1onight" and the chair decides whether that is worthy or not and it is just a single instance, not overall. Council Member Bradshaw advised that that also concerned her. She suggested they just delete it. Council Member Wolosyn agreed. Council Member Bradshaw noted that otherwise that puts the chair in an witenable situation. Mayor Bwru commen ted that if somehow they have to make a decision then they can do it in their own way. Council Member Bradshaw agreed. Council Member Wolosyn said that we do say that if you are absent that it may be a cause, so that is when yo u can h·,ve a discussion of why or what. I think. she said. that it still docsn ·1 mean it's written in stone that if you miss that many meetings you arc.: out. Maybe I am wrong. Mayor Bwru asked if there was any objection 10 deleting paragraph three. There was none. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO DELETE PARAGRAPH THREE. Ayes: Nays: Absent: Motion carried. Counci l Members Na bholz, Garr:tt, Bradshaw, Wolosyn, Yurchick, Bums None Council Member Grazu lis COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO . 63 , SERIES OF 2001 AS AMENDED. The resolution was assigned a number . RESOLUTION NO . 63. SERIES OF 2001 A RESOLUTION EST AB LISH ING AN ATTENDANCE POLICY FOR BOARD AND COMMISSION MEMBERS . • Enclewood City Council July 16, 2001 Pac• 13 Vote resultJ: Ayes: Nays : Absent Morion carried. ,, .1 , r, ,tio,,,,.,JJl"l3 !(111~ .,di ,luL H q Council Membc11 Nabholz, Ganctt, Bradshaw, IVolosyn, Yurchick, Bums None Council Member Grazulis [Clerk's note: This was listed as item 12 (b) (i) on the Agenda.] 2. She asked that the proposed resolution amending the Travel Policy for the City Council be assigned a number and read by title : RESOLUTION NO. 64, SERIES OF 2001 A RESOLlITJON AMENDING THE TRAVEL POLICY FOR THE CITY COUNCIL OF ENGLEWOOD, COLORADO . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 64, SERIES OF 2001. Cowicil Member Yurchick said he bad a question. On the last line it talk, about approved by a majorily, be said. and I thought that we had eliminated the five in case we had a short Council. Council Member Wolosyn agrCf"lt. • Mayor Burns staled they should remove the reference to live Council Members, bccau.,c that in itself is a super majority. • COUNCIL MEMBER YURCWCK MOVED, AND IT WAS SECONDED, TO AMEND RESOLUTION NO. 64, SERIES OF 2001 BY STRIKING OlIT "OF FIVE (S) COUNCIL MEMBERS" FROM THE SECOND TO THE LAST SENTENCE. Vote results: Ayes : Nays: Absent Motion ca rried . Council Members Nabholz~ Garren, Bradshaw, Wolosyn. Yurcbick. Bums None Council Member Grazulis COUNCIL MEMBER IVOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 64 , SERIES OF 2001 AS AMENDED. Ayes: Council Members Nabholz. Garrett, Bradshaw , Wolosyn. Yurcbick. Bwns Nays: None Absent Council Member Grazulis Motion carried. [Clerk 's no1c: This was listed as item 12 (b) {ii) on the Agenda.) 3. She said she would like to su.te very stro ngly that the Cultural Ans Commission works under the Parks and Recreation Department and c\·crybody on th.at conurunec just thinks the world, fthat depanment :md Jerrell Black and we ccnainly intend to suppon, and we ha ve been supporting, the Parks and Rccrea1ion Bond . No 1 only for those rcasora, she said, but also I think that anything that emkbcs community life also stands to enrich culnuc. Council Membe!I' Wolosyn opined that the Parks and Recreation Department docs reall y try to support culture and I don't know whether we would have MOA EnsJewood City Council July 16, 2001 P•a• 14 lrnwu ) ~I ) t•u1,n1I;cn:-i IUO~ .,, ,Jul r I ~a.•I here without their support. I just want ~o make 1hnt clear, st.e said. and I will do that every chance I pt throughout the summer Mayor Bwns noted that we do have a concert, the Signs of Life, at the CityCcmcr Amphitheater, on July 2s•, sponsored in part by the Museum ofOutdoor Arts. The performance will f<ature L\c Up Close and Musical contingent from the Colorado Symphony Orchestra. the Dav id Taylor Dance Theater and Lighting Creations . It is a sound and light show and it starts at 8:30 p.m. He said it should be a very interesting program and a wonderful concert and it is free . He encouraged everyone to attend. 13. City Mana1er's Report (a) City Manager Scars noted that , at Study Session, Lau1i Danncmillcr talked to City Council about the letter regarding reapportionment. He osked for Council's direction. He DOfCd Ms. Danncmiller passed out a letter. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS StC.ONDED, TO DUU:CT STAl'F TO SEN D A LE1TER TO THE COLORADO REAPPORTIONMENT COMMITTEE STATING THAT TWO DISTRICTS IN ENGLEWOOD IS PLENTY, THAT WE DON'T ENTERTAIN THREE AT ALL, AND THAT WE WOULD LIKE THEM TO KEEP THAT IN MIND AS THEY REDISTRICT. Ayes: Nays: Absent: Motion c:mied. Council Members Nabholz, Gartc11, Bradshaw, Wolusyn, Yurchick, Bums None Council Mctnbcr Grazulis (b) City Manager Scar, reminded Council that there would be a Tri.Cities Meeting on August 3rd . I think we sent the proposed agenda out to Council , be said, and I t!ilked to Littleton and 1his will probably be the agenda and it will be at the Littleton City Center. (c) City Man:agcr Sears advised that he would be gone from Wednesday to next Tuesday. I will be taking by son 10 medical school, he said, and I am pretty proud of him . During that time Mike Flaherty will handle any concerns or complaints and I know he will do an outstanding job. I appreciate the suppon of Council , he said. Mayor Bums ott"crcd his congratulations to Gary Scars ar.d his son . He noted that that has been a goal of his for some time . 14. City Attorney's Report (a) City Attorney Brotzman advis ed that the IBIS project is going to involve a number of software licenses nnd software contracts . What I am asking for . he said. is 1hc appointment of an outside counse l, Terrence Maher. He is out of Omaha and what he docs is ex:1cdy 1hat, he rips apan lhe software agreements and contracts and he will act. b:1sicall y, as our franch ise attorne y docs. Hr will give us what we can change in co ntracls , what we can't li ve with in contracts and what they will not change in contr..i;ts. I ha ve talked 10 both Mike Flaherty and Don Ingle. he s:i id. and wear~ not a.nricip:iting that he will be doing lhc ne go tiating , staff v. :11 be doing the negot iatin g and dus will be for informational purpo ses. Counci l Member Bradshaw sn id she thought that was reall y smart. Ma yor 8Ur.tS agreed . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPOINT ATTORNEY TERRENCE MAHER. TO PROVIDE •,EGAL SERVICES WITH TECHNOLOGY CONTRACTS. • • • • E....,._.CllyCOUlldl July 16, 2901 Pa1115 Council Member Gam,tt uked if they should name the law firm or the individual . City Attorney Brolzman advised lhat he would lika Mr. Maher. Vote results: Ayes: Nays: Absent: Motion carried. IS . Adjournment Council Members N•bbolz, Gam,n. Bradshaw, Wolos)T, Yurcbick, Bwns None Council Memi;sr Grazulis