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HomeMy WebLinkAbout2001-09-17 (Regular) Meeting Minutes• • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rqular Session September 17, 2001 I. Call to Ord tr The regular meeting of the Englewood City Co uncil w:is ca lled to order by Mayor Bums at 7:38 p.m 2. Invoe1llon The invocation wu given by Council Member Nabholz . J. Pied&• or Allqlance The Pledge of Allegionce was led by Mayor Bums . 4. Roll Call Present: Absent: A quorum was p~Sl"llt. Counci l Members Nabbolz, Grazul is, Garrett, Bradshaw, Yurt biclc, Bums Council Member Wolosyn Also present: City Manager Se.u,· 5. Minutes City Anome) 1:U~lZ!nan Assistant Cit)' Manager Flabeny City Clerk Ellis Dircttor Olson. Safety Services Municipal Judge Atencio Director Grygle wicz., Finance and Administtative Service s Director Fonda, Utilities (a) COUNCIL MEMBER GRAZUUS MOVED, AND IT WAS SECONDED, TO AP PROVE THE MCNUTES OF THE REGULAR CITY CO UN CIL MEETING OF SEPTEMBER 4. 2001. Motton carried . Ayes: :-lays: Absent 6. Scheduled Visitors There were no scheduled visi to rs . 7. Unscheduled Visitors Cou ncil Members Nabholz, Garren. Bradshaw, Yurchiclc, Gruzulis, Bums None Co uncil Membe r Wo losyn • • Enlltwood City Council September 17, 2001 Page 2 (a) Steven Hoelter, 4460 Sourh Eliui Street, said be would like to address the cat ordinance issue. He noted th.lit Mr. Garren is his Council rcprcscn1ativc and so he is probably familiar with the issue. I have bad II hard rime with the cat issue over 1hc past two yc2rs, Mr. Hoelter said, and I can't seem lo get any results, or lukewarm results 111 best. last year I rented cat traps twice, got a couple, and went the neighborly route and talked to th,;: neighbors . We have been to the point where John Edgmon. a Code Enforcement Officer, has been up Ill talk to the people in violation, once already. People keep doing it. I called back down to the ordinance department about ii and the best they can tell me to do is to come down, get a c:at tlilp, tnlp the cat, give up my time and 1ake it down to the Humane Society. He pointed out that , in other words. it is all falling back 0010 me . I am the one suffering here . II is noljust one cat. there are five or si1t cats, a whole bunch of them. :md the neighbors just will not take care of it. Now we arc to the point that, not only are the y thumbin g the ir nose at me, but the y .1re also thumbing their nose at the ordinance :ind the officers . I have been asked wh.11 should be done. he said. and I don't care what you do. If yo u wan110 go over there :md 1alk to them .1nd leave them love notes. I don 't care . If you want to cite the guy. then I am all for it. whate ver it lakes . And then ( get this spiel from the ordiruince people, that the judges don't like cal and dog issues coming across their desk unless we have some backup, like two or three witnesses . I asked John Edgmon if we could go forward with this and then when it co mes time he cculd testify a little bit. Mr. Edgmon told me that they can't testify on their own against the cases. I don 't unders111nd that, he said. If I get a ticket on the street and I WilOt to protest the ticket in court, the officer doesn't have to have two or three outside witnesses to testify . So why. be asked, do l have to fight tooth and nail 10 get something do!le, such as getting the cat ord inance taken care of. It is constantly being pushed back onto me, the person that is having the trouble, to deal with the problem. I love 31limals . I feel lik e I shou ldn 't have to catch the c11t in the tnlp,just because the owner doesn't want to take responsibility. Now, he emphasized , it is not the cat's problem and it is not my problem The thing I am going to court over, if I am given a ci tation, he said, is, to me, like a speeding tic ket between the City of Englewood and the per~o n in violation. Going to coun on it is not going to be between my neighbor and me , it is between Englewood and my neighbor . Sol 11m looking for some relief here. [ know some of you have talked about this issue and stuff, p11nicularly my issue. So, he said, I am coming down here to just ask you guys to either amend this ordinan ce to give it more meat or we need to talk to our judges and have them en1enain these ideas when they come across their desk and maybe cut the court time down on it to maybe expedite it so it does n't get dragged out for months at 111imc or we need to get the Code Enforcement people to do the job a linle bener. I am not trying to knock them, he said, but maybe 1hty need 10 be 11 linle more forceful wi th the people that continue to abuse the problem. Mr. Hoelter sa id hi ~ other issue has 10 do wi th the weed problem. He said, I don '1 know what yo ur procedure 1s, but it is almos1 like there is no patrolling going on, because up and down the alleys. behind A & A and Liquor Barn , the weeds are four feet tall and the trash ordinance says you cannot put your trash out into the right-of~\\'aY of the alley, except on trash day and then yo u have 10 pick you r barrels up and move them m. That is never enforced. Peop le co nstanlly hilv e their fence right up to the alley and then they put their trash in a plasti c bag and the ordinance says it must be in a covered container or in a co ntainer that can't be tom up and sca ncred by the animnls. That is not enforced either. Regarding the weed issue, he asked if anyo ne on Council has go ne o,·cr and looked at the old City Hall. TI1e weeds a.re \'Cry high around it, he said, and it seems like we shou ld go over and at least take care of our own backyBrd. Mr. Hoelter said he appreciated the oppo nunity to speak and noted th.:it he is a little hot on the iss ue . I hope this is the last time I have 10 be down here on th e cats. he said, bec:i.use ifl do 11 is going to be a little hotter . He thanked Council for their time . M:iyo r Burns opined 1h:it Mr. Hoe lt er h:id some perfect ly leg itimate quesnons . l have heard the comment before 1ha1 the office r can ·1 te stify, he said. City Anomey Brotzman s:i.i d that 1h:it is on barking dog issues, th:i.t is not on number of c:its. He explained that the barking dog ord immc c reads th:i.1 it has to offend 1he neighborhood and the Co de Enforcement officers arc not pan of the neighborhood . • • En&lewood City Council September 17, 2001 P11• 3 Director Olson said he just wanted 10 add some input on this . Code Enforcement has been trying to work with this gentleman on the cat issue, he said, and we believe Mr. Hoelter understands that there is a process in place and ye s he does have to file a complaint and we ca n :ict on a complaint and yes it will go before Municipal Coun, that is how it works . These kind of violations arc not what you consider to be like penalty assessments, where they just send in $15.00 and the issue is settled. Director Olson stated that we have tried to work. with him on this. l have a complaint in front on me, be said, that was filed by his neighbor who essentially indicated that this gcntlemon cnmc over and threatened 10 take all of his cats and he would never sec them ag11in. We obviously try to encourage neighborhood cooperation on these issues, but there are procedures th.D.1 we follow and we a.re trying 10 work with him on this and that is still our goal. I'm nc.1 saying 1hat righ1 now we have 1he perrect ordinances in place, he said, bu1 I am looking at those, as yo u know 110d you shou ld be hearing more from the Codt" Enforccmcn1 Advisory Committee. All I am asking this gentleman 10 do is wo rk with Code Enforccmen1 and we will try to get it resolved. Ifa comp l11int is filed we will wo rk with the neighbor. Mr. Olson stated tha t the neighbor docs ad.nut that the cats get out. Ri ht now, he said , the fact is 1hnt we don't have the people , nor is it appropriate for us to be out there in the middle of 1he nigh1 trllpping cats and that is when you get cats . Mr . Hoeller made several comments from the audience thnt were inaudib le. He said this is so wrong, you just kctp putting it back on the citizens . Director Olson told Mr. Hoelter that be was just trying to explain the process. Mr. Hoelter conti nued 10 comment from the audience (inaudibly). Mayor Bums asked Mr. Hoelter to let Mr. Olson speak. Director Olson noted they are trying to wo rk with Mr. Hoelter. The situation is, as it is fo r everybody else, that we allow 1hl.rn 10 have traps, which are owned by !he City to tTilp 1hc cats . He said he understood Mr. Hoeller trapped a cat this weekend. He asked what happened to the cat. Mr. Hoelter said he took it down to the Hul1lllnc Society. Then, Director Olson pointed out, the system works . They have the cat and th.at is the best way to deal with it. We don 't want to have people taking cats and dropping them off out in the woods somewhere, wt1y out in another pan of the metro area . So ta.king them 10 the Humane Society, which is just ten minutes away, is how we will get i i resolved and it is up to the owner to gel that cat back. But right now, he said, we arc not going to get into the !ioiruation where we arc trapping cats. It is a totally different prospect , as you can imagine, and this one has, essentially, worked fairly well throughout the City for mAny yc11rs. So, Director Olson said, we will continue to work with this gentleman and he bas got to work with us . It is kind of a two way street and we will do what we can to resolve bis issue, and, l can unders tand, it is au issue . Director Olson said. regnrding the weeds and everything, that, as you know, we do constant patrols and it is a mancr of cons 1an 1\y rurnlllg out weed violations, as Council can see in the stat is tics , which the y have . That is where we arc at right now . He noted that he did not wnnt 10 get into that many ot her issues regarding this individual. He advised Mr . Hoelter that we are trying to work him. Council M:mbcr Bradshaw advised that her co ncern is that people hesitate 10 call and rum people in because their names ilrC gi,·cn to the neighbor. That is why, she sa id. when I get a co mplaint from someone. I say I ha\'C this complaint and 1 don 't even !.ay 1he neighbors name . Bccau ;e, inevitab ly, ii gels b11ck 10 them. That is a problem 100. Ir we want Code Enforce ment. then we need Cede Enforcement to go OUI. take II look. wrire the ci tat ion 11nd get ou1 of neighborhood poliucs. Th111 is my o~imo n. she said . ~fayor Bums asked if the y have tried mediation scrvic :s . We ha\'e talked about this ir. the past , he said. 1h31 th cr•: are med iation servic es ofTerca, as so metimes yo u have neighbors who go on for years having probler.u wi th each other. It ma y oc cats. 11 may be weeds or it may be so mething else . I }Lve :mended sessions on 1his, he said. :md somc umes they find out that so me of 1he issues between the neighbors arc not the issues that arc on the surfa ce. ll is the ones undcrnca1h. 1ha1 happened 1cn ye ars ago , that are causing the problem and some of these medi111 ion ser,.•iccs ran reall y be a help . I don't think we have incorporated d.at into our code enforcement before , but 1hcy have done so me remarkable work at the University of EnaJewood City Countll Sepwnb<r 17, 2001 ••1•◄ Denver on this and l wo ul d slill like to look into this . He :1oted he hu brought this up before . I have heard them describe this and I know someom: wt ,, used to work vciy actively in that area who is the daughter of a District Court Judge . She explained, lo II Bo.r Ass ociation Meeting I artc:ndcd one time, some remarkable things they find out when they do mediation. They get undemc•th the surface problem and really have some remarkable insights sometimes . I still thmk that is II valuable service in the right kind of cue and we should still look into that, he opined. Council Member Garren said he just wanted to finish up with the process issue. This gentleman traps a neighbor's cat and takes it over 10 the Humane Socit ty . He asked if. when the neighbor picks the cat up, if he is cited for a cat ~tis not on the property. Direr tor Olson sa id it is h~ understanding that they probably 11.rc cited at that point . if the y come back and cl4im the cat. Council Member Garrett said, also. thal he thinks there has been a misunderstanding. as Code Enforcement Officers c:10 testify if ii goes before the judge . Director Olson said ii is his U'lderstanding that Code Officers cannot, on their own. write one of these cit.nions and then show up in coun an d be the complainant and the witness and the officer that turned in the violation. Thnt is my understanding at this pomt. he said. So we would like to ha\'e" neighbor complain. which this gentleffliln can do , and then we can go ahead and file a complilint and go through the process . Co~·, ;ii Member Garren said that in this parttcular case it is son of obvious that you have a problem, as the cat is at the Hufflilne Society ar.·.· was trapped on the property . Director Olson said yes and no. We have the gentJeman 's word on this , the officer was not there to observe this, it is just the gentleman's word that it happened. The assumption is that ifhe had trups on his propcny tlull tlult is probably the case . He pointed out that that will be the issue in court and the coun will have to decide . City Attorney Brotzm:i.n noted that we have a little bit of a disconnect on barking dogs versus dogs at large or. in this case, cats at large and the complaining witness. We will sit ._town with Code Enforcement and go throu gh lbat again. Council Member Bradsha w said good. City Attorney Brotzm:m advised that we do use mediation through the University of Denver and it docs require both neighbors to participate , which is so metimes the difficult pan . Getting b<,th neighbors to the table . But we do use DU for that proc ess . he said. Council Member Yurchick asked why does n't animal control pick up these trnps , when people catch a cat. and trans port it to the Humane Society, rather than the citizens ha\'ing to do it. Director Olson said, quite honestl y, we don 't have the time to go aro und and get alt the cats that arc trapped out there . ltjl'St makes it n much easier, quicker proces~. as opposed 10 whe n 1h~ cats arc c:iught at night or whenever, for us 10 try to pick them up the next day . If it is a really tough situ1111on we will try to help them out, he said, but we ha\'e found that with the •1umber of •'l'lts ,md the number of issues relating to this, and just the diffi culty of trapping cats to bc~m with. that 1· wo rki,; much bette r fo r the .. irizcns to trap the cat and take the cat to the Hum:me Society. But, he re iterated, in extreme situatio ns we \\ill help them out and do the best we can. Co uncil Member Yurchic k asked if there are a lot of peo ple trapping cats in Englewood . Director Olson ildvi sed tha1 there arc a lot of complaints and it depends on ho w serious the y :ue about the cat being in their yard . Generally. he noted. yo u arc going 10 get c;;us in the nuddle of the night. that is when they arc goir.g 10 be out an-1 ii.bout. not duri ng the da y. ~ayo r Bums as ked Dircctor Olson if they have bee n abl e to check how many cats a homeowner actually has , whether 1hey arc in co mpliance wit h the ordi nanc e reg arding the number of animals . Director Olson said the y try to. but wnh cats it is pretty difficult to do. dogs :ire not so hard . It is that same iss ue of ho w far do yo u go 10 detennine what people ilc tuall y have . Dog!i :ne easy, but cats :ire pretty diffic ult at times . Ma yo r Burns sa id yes. they co uld be hidin g an yv--hcrc . • • • Eqlmood City Council September 1;, 2001 P11e 5 Mayor Bwns con:unenled thtt ht t ~ ~11.;h l we could clear up a few issues here . Mr. Hoelter, speaking from the :tlldience, requested a couple of minutes for a rcbunal. He stated that he h:as bent over b:ickwards to work with these guys . The City code officer even talked on the phone with the gentleman that is in violation. he said, and the violation still gotS on. What other avenue do we go 10 after they ha ve talked to the people. he ~skcd. I have been nice and gone over there and dealt with this for two years and this gcntlcnum over here is saying ttuu we ;ire trying to rr.eet you in the middle of the road. I lhink I have gone beyond tha1 and that is not fair of him. M3yor Bums ancmptcd to explain th!! situation and Mr t.:~ 1~er 1 ... ~. TUJ1tcd, from t1.1r audience , to say that the idea here is I get five minutes :ind you guys get twct.iry ,n~n,:Cj t.r.t' uncc again )'~11 ma'~c the citiz.cn look bad. Mayor Bums noted that is nol 1he Wll)' we look al ii and Mr. J iocltcr co ntinued speaking (inaudibJy) from lhe audience . Mr. Hoeller, llS he left the meeting, mDde an ino.udible comm.~nt, ending wilh "th.is is not the last you have heard from me ." Mayor Bwm thanked him for coming . Mr. Hoelter continued commenting (inaudibl~•, as he walked out of the room. Direc tor Olson said he wanted to throw some thing else out, now dun he is gone. We just found a sign on his truck and we were trying to get a picture ofit, but he removed it before we could. Mr. Olson read , from a nolc , the inflammatory message that was on the sign . .So , he pointed out, we :ire ve1)' concerned nbout stability issues, more lhan anytuing else . Mayor Bums thanked Director Olson for deal ing with this . 8. Communications. Proclamations and Appointments (a) A procl:un:nion declaring September 19, 2001 as Race Equality Da y was considered . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO DECLARE SEPTEMBER 19, 2001 AS RACE EQUALITY DAY. ~·lotion cnrricd . Ayes: Council Members NabboL . Garrett, BradshAw, Yurchick, Grnzulis , Bums Nays: None Absent: Council Member Wolosyn (b) A proclamat ion declaring the week of September 16 through 22 , 2001 as Yellow Ribbon Youth Suic ide Awaicoess and Pre ven tio n Week was cons idered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE DECLARING THE \VEEK OF SEPTEMBER 16 THRO UGH 22 , 2001 ....S YELLOW RIBBON YOUTH SUICIDE AWARENESS AND PREVENTION WEEK. Motio n earned. Ayes: Counc il Members Nablto lz. Garrett, Bradsha • Yurch ic k, Grazulis, Burns Nays: None Absent: Co uncil Member Wolosyn • En11.,.ooc1 City Council September 17, 1001 P1116 (c) A rcsolutiC1n appointiLJ, :·•s treia O'Brien as Associate Municipal Judge wu considered. COUNCIL MEMBER GRAZULIS MOVE0, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 68, SERIES OF 1001 -APPOINTING MARCIA O'BRIEN AS ASSOCIATE MUl'ilCIPAL JUDGE. Rl:~0L:JTION NO. 68 , SERIES OF 2001 A RESOLUTION FOR THE APPOINTMEITT OF MARCIA G. O'BRIEN AS AN ASSOCL", TE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD . Vote resulls : Ayes: Nays : Absent: Morion ~:trried . Council 14cmbcrs Nabholz. Garren , Bradshaw, Yurchiclc. Ciruulis. Berns None Counci l Member Wol1.•syn Municipal Judge Atencio noted that Ms . O'Brien it a member olthc Board of Adjustment anci Appeals. Marcia O'Brien was sworn in by Englewood Municipal Judge Vit1cc~t Atencio. (d) A proc lamation in honor of the live, lost and the heroic efforts displayed during the National Tragedy on September 11 , 2001 was considc1cd. Mnyor Bums advi&ed thnt he has asked the City Clerk It' read this procliuna1ion regarding the attack on America and then Council will vote on it formally . The City Clerk read the proclam:1tion in its entirety . MAYOR BURNS MOVED, AND IT WAS SECONDED', TO APPROVE THE PROCLAMATION IN HONOR OF THE LIVES LOST AND THE HEROIC EFFORTS DISPLAYED DURING THE NATIONAL TRAGEDY ON SEPTEMBER 11, 1001. Ayes: Council Members Nabholz. Garren, Bradshaw, Yurchiclc. Grazulis, Burns No ne Council Member Wolosyn Motion carried, Mayor Bums p ~scnted the proclam11 ion to Dircc1or Olson. Direc1or Olson said he wo uld have 10 say that this is an issue. obviously, lh:11 transcends n cat issue. And when you think back it tusn '1 even been a week since 1his all occurred. it is quite amazing, shocking and qulle frighlening to think of how this suwuion bas impacted our counrry. I npprcciatc the proclamatio 14 he said, ll.Jld I glildly accept it on behalf of the fire and police pcrsoMel "fthis City. I also accept it on behalf of1hc ci tizens as well, because we JCC all tragically affected by this en1ire situation . This is very nice, he said, and I enjoyed the ceremony torught. it was wonderful. He noted it brin gs us back to reality 11nd tells us that !here :ire so many is sues that transcend the minor iss ues we dea l with on a day.to.day bbis. We o.pprec 1ate this , he said , and he thanked Ma yor Bums and Council. 9. Public Hearing • • Eo1lewood Cily Council September 17, 2001 P11e 7 (a) Mayor Bums ndviscd that this II public hearing to gather citizen input on the City of Englewood's proposed 2002 Budget and copies o[tbe budget are available in the Library, the Finaoce Department and ~,e City Manager's Office. COUNCIL MEMBER GARRETT MOVED, A."ID IT WAS SECONDED, TO OPEN A PUBLIC HEARING TO GATHER INPUT ON THE 2002 PROPOSED BUDGET. Ayes : Counci l Members Nabholz. Garren, Bradshaw, '.'urchick, Grazulis , Bums Nays : None Absent: Council Member \Volosyn Moti on carried and the Public Hearing opened . Director Gryglcwicz, being dul y sworn, submitted to the City Clerk. Proof of Publ ic :ition that notice of this public hearing was published on August 31, 2001 , September 7, 2001 and September 14, 2001 in the Englewood Herald . He noted that lhis is a public hearing 10 gather public input on the 2002 Budget I am here to answer questions, he said. and, as Mayor Bums pointed out, the proposed budget is avai111.ble at City Hall . Mayor Bums asked if Director Gryglewicz would summarize, generally, hCi v this budget relates 10, say, last yem budge!. He noted we have had some discwsion of this in Stud)' Sc~ion. that the budget is tighter 1han it was a year ago . Mayor Burns pointed out that we have a lot ofprojec~ for the City that we arc trying to fund and we :arc trying to maintain an adequate fund balnnce .i.t the same time . Director Gryglcwicz said that is true . this has been a fairly difficult budget, because what we have seen is that both the national and local economy have stancd to slow somewhat :-nd the City is highly dependent on sales and use tax and they general follow economic ilctivity. So ilS lru.t has slowed, so has the collection. But unfonunatcly, he said. expendirures h.."!vc not. They have continued to rise fairly rapidly, especia lly in the areas ofpersoMel costs. He pointed out that health and dental insuram:c have increased every year, double digits, and it has been extremely difficult 10 keep up with those . So. he noted, this is 11 fairly tough budget. The City, over the past dec:idc, has done very well . We have collected an increasing amount of revenues , we hav e been able 10 provide good benefits , maintain our people and our services and we have 3\so been able to help build this Civic Center. We 've contributed to the Ci1yCcntcr Englewood site , Centennial Park. :i number of property pun::h:iscs, infrastructure improvements :ind construction. And this ye"'r, he said, on the capital side, we are scaling back. We arc doing just wh111 we really need to do . It used to be that we did our urgent and necessary projects, now we arc doingjwt those and not some of those below the line . We arc, probably. going to put lhose out a little biL look at some more creative financing options and delay or just kill some of the projects for 3 while, until the economics tum around. Director Gryglewicz noted that one of the otbcr isst•es is this silc. When we put the 2001 Budget together, he said, we thought we \,ould have more tenants hc:e and would be starting 10 collect some revenues . We arc starting to sec some of that rum around, but we probabl y won 'I sec it until next ycnr. Hopefull y, those will come in nnd we wiJi be able to make more of our cilpital investments . But, he said, I think it is pretty much a status quo budget. There are a few increases in personnel . One in Safety Services ilnd Public Works and there :ire a couple of other small part-lime positions , but for 1he most pan it is status quo . It is a tight budge 1. he Silid, but it is a pretty good budge t Every one worked vrry hard on it. Director Gryglewicz commcnled 1ha1 this do,,11rurn happened c:<trcme ly rapidl y. I think everyone has :;ccn that. :ihhough our revenues ilre still trilcking fairly much on-line wi th wh.:n we budgeted. That is because, in pa.n. il couple of the venues h:ive opened nnd nrc contributin g at Ci,·ic Ccmer. It has brought us to reality a little . he said, bec:iusc we had such n large growth in our revenues in the 90 's and I think we are back to a little bit tighter ship . Ma yor Bums asked ifCoun ci l hA d illlY questions . ED1lewood City Council September 17, 2001 P11e8 Director Gryglcwicz commented th:u, as he had mcn1ioncd at their last meeting at Study Session. our main goa.l is to maintain our people and ocr services to our citizens, first and foremost. Mayor Bums pointed out that , as us1.al. we hove not, during this period of time, nor a.re we now recommending, any increase in s:ilc:; tax rates or property tax rates. Di.rector Gryglcwicz st:ited we arc not recommending any raises in any taxes . Mayor Bums asked if Council had any qucs\ions for Dircc1or Gryglcwicz. llterc were none . Owen Heaver, 3148 South Yor' ..>treet, being duly sworn . noted that he is running for the Mayor's scat on C\luncil. Mayor Bums said he wns aware of that. Mr . Bc:i.ver said tho.I the reason he wanted to speak tonight was because . as he has been walk.mg the last month, he thinks he has kind of go 1 1hc pulse of District 2. As we know, he sai d. Englewood slill ho lds a large senior cilizen population and I know thal a ICII of those ci1izcns arc mo stl y ladie s. They are concerned, he said. as they remember Cindere lla City and tha1 we nl downhill and they look at the CityCenter and ii is not comp leted ye t and then they read in the Englewood Herald la51 week abou t the budget having 10 be cur. He pointed out that you mention a half a million dollars to these people who went tluough the depressio1, and it seems like a lot of money to them. I 1old them. he said , th.It the budget is qui1e large , huWl!\'Cr we still have to be concerned about II half a million dollars . He noted there is the question of whnt 10 save avd wha t to cut and arc we savi ng money by cutting back on different depanmcnts . They wo nder wha t, ex.actly, must be cu t to make the budget work, .i.nd I think people are very concerned . So. he said. I would say to the Council. th.at it is probably too late for the October newsletter. bu1 for the November or December issue you may want to let people know what is going on with the budget, because these people arc co ncerned . 1.~ .. :. Beaver stated that, right away, a lot of people say they don ·1 want to see people lose their jobs. They .:Dow that the economy is changing. He noled that they reod that the airlines ore cutting 12,000 jo bs and one lad y thought 6,000 wen: right hete in Englewood. That is just how they view things . So, he said, I just thought, as Council looks into it, that they need to l.!t the people know that we llfC doing well. Yes, 1he economy is strugg ling, but the City is strong and the bll.Sic services will be there . for example , maybe we arc buying cloth chairs instead of leather chairs, or howe ver you want to put it. But a lot of people arc concerned, especia lly the senior citizens. He commented that Englewood is a blue-collar town . I know a loi of people are worki ng hard, he said. but the y :ire experiencing job cut backs . They wan 1 to know how the City is dealing with cu tbacks. That is all I wanted to say, that the City needs to get the word out 10 the public that we arc not in the tank. tha1 the tank is half full , or however you want to put it . but we are doing well . I just talked 10 a la dy today. be said, and she was probabl y 80 years, bu! she is afraid that her City servi ces won't be there, be cause they are being cut back. So those arc the son of things I wanted to ta lk abo ut, he said. Mr .. Reaver stated that he would be glad tc answer any questions Council might have, but otherwise he wante d 10 thank Council for lh "ir lime . Mayor !Jurr.3 said he 1hough1 what Director Gryglcwicz was saying 1s that we are not doing as many capital improve .ncnts as we might but we arc not cuning back on City services . Director Gryglewicz said that is true . Firn and foremost we w.int to ma.imam our scr\'iccs to 1he public and :ilso mai ntain our workforce . TI1a1. he noted. 1s wh y wear-! not goin g to do :is lllln y capital proj ect s .. We arc just doing those th at arc funded in the Public Improwmcnt Fund. 15 those .i.rc funded from separate sources of revenues . He :id\'ised that a lot of those core c:;,ital pro1ecr .. ;md impro\'cmcnts. that we have identified as reall y necessary, will be done, but we arc not \ooku ,g 111 an y scr,·1cc cutbacks in core service !, so 1hose should be main111ned. Ma yo r Bwns s111ted th.at we do report on the budg et m the Citizen newsletter, and it is a good suggestio n. But. he opined. It is unponant for the pre ss. and so forth. to undcrst:ind this also, when the y \\rite stories 1bout the budget . Ci tlZens nc-cd 10 und erstand that we will no t be cutting essential se rvices for seniors . I • • En1lewood Clfy Council September 17, 2001 P11e9 understand why they would be concerned, he said, and it is important to ~.:, 'the word out that we are not cutting their services. Dim:tor Gryglcwicz said absolutely, we arc not looking at cutting services for any of our citizens. One of the reasons we went back and kept going back and cutting out of this budget, was that we wanted to maintain 11 high fund balance to help us get through this economic time. Because,~ noted , it will tum aro\!lld, but we arc just not sure when and we w::mt to make sure that we do have enough ,, ·.lct y in the bank to maintain our services and our people . Mayor Bums thanked Director Gryglewicz. Mayor Bums asked if anyone else wanted to spe:1k during thi:i } ublic )r:aring on the City of Englewood 's Proposed 2002 Budget. There was no one . COUNCIL MEMBER GARRETT MOVF.D, AND IT '.\.-5 ; r-:o :•ilED, TO CLOSE THE PUBLIC HEARING ON mE 2002 PROPOSED BUDGET. Ayes : Council Members Nabholz, Garrett, Bradshaw, Yurchick, Gruulis, Bums Nays : None Absent: Council Member Wolosyn Motion clUTied and the Public He:aring closed . 10. Consent Acenda (a) Approval of Ordinances on First Reading There were no additional items submined for approval on first reading. (See Agenda Item 11 -Regular Agenda.) COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITf:,IS JO (b) (I) and (II), AND JO (c) (I). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 53, SERIES OF 200 1 (COUNCIL BILL NO. 56, INTROD UC ED BY COG . CIL MEMBER GARRETT) AN ORDINA 1"CE AUTHORIZING AN INTERGOVfRNMENT AL AGREEMENT ENTITLED .. CONTRACT AGRcEMENT FOR INTOXIL YZF.R 5,100EN PLACEMENT' BETWEEN THE COLORADO DEPARTMENT OF PUBLIC HEAL TH Ai,T· ;;NVJRONMENT, LABORATORY AND RADIATION SERVICES DIVISION AND THE CITY OF ENGLEWOOD . (ii) ORDINA.'-ICE NO . 54 , SERIES OF 2001 (COUNCIL BILL NO. 57 , INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE ACCEPTING THE DEDICATION OF A RIGHT-OF-WAY LOCATED AT THE INTERSECTION OF BAKER A VENUE AND TEJON STREET IN THE CITY OF ENGLEWOOD . COLORADO . (c ) Resolutions ;md Mot io ns (i) AUTHORIZATION FOR THE LIBRARY TO APPLY TO THE STATE OF COLORADO FOR FUNDS UNDER THE ANNUAL STATE GRANTS TO LIBRARIES PROGRAM . E1aJtwood Clly Council llep11m1Mr 17, JOOI Pe11 IO Vo11rn11l111 Motion c11rricd . 11. RC1Ul1r Aaenda Council Member> Nabholz, Garren, Brad,haw, Yun:bick, Gruulis , Burns None Council Membe, \Volosyn (11) Approval ofOrdirn1nccs 0:1 First Reading (i) Ma yor Bums advised th.it t'1is .igcnda item is a rccommci :.. ·1u.n from the Ut ililics D~rtmcn1 10 Jdopt 11 bill for Jo ordinance authorizing a City Ditch Liccns1: grcement with TO. Cablevision of Georgia/\ T &T Broadband. Council Member Garrett stated that uis employer is AT&T Broadband, which is the parent ofTCI of Georgia, therefore he would be abstaining from the discussion and vote on this panicular agcoda item. [Clerk's note: Council Member Garren left the dais.] Dircc1or Fonda advised that this is a rout ine crossing of the City Ditch 11Dd the y will bore underneath the pipe . It is down near Mineral Avenue , where that new shopping area is going in . We recommend approval ofthi;a item. he said . • M11yor Bums asked ifC01.1m:1l luad :my questions. There were none. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGi:NDA ITli'M 11 11)(1)-COUNCIL BILL NO. S9 . COUNCIL BILL NO . 59 , INTROD UCE D DY COU1'1;1L MEMBER BRADSHAW A BILL FOR A~' )~lDINANCE AUTHORIZING A "LICENSE \GREEMENT' FOR CONDUIT FOR UNDERGROUND CABLE ACROSS THE CITY DITCH RIGHT-OF-WAY TO AT&T BROADBAND . Volr !':suits: Ayes : N,ys : Abstnin : Absent Motion carried. Council Members No bholz, Bradshaw , Yurcbick, Grazulis, Bums None Co uncil Member Garren Counci l Member Wolosyn (Clerk 's note : Counci l Member Gmen returned 10 the dais .] (ii) Assistant Cit y M11naaer Flaherty presented a recommendation from the City Manager 's Office to adopt :i bill for :in ord inanc e approving the Third Amendment to the Intergovernmental Agreement w1:h the Re111on1I Tnmspon11uon District (RTD), re im bursing the City of Englewood for wo rk perfonned by the Ci l)' und the En¥1cwood Environmenull Found.irion (EEF) on behalf ofRTD . He !!.d\'iscd tMI EEF tw ,:-omo letcd 1hrce pr0Je c1s , A splashguard that allows for planting along the re tutning w111l at the li~ht rail and bus s111,1on. ,uuc cn bic ycle lockers thilt have been placed at the light rail station and three :tddilional bus benche s lillt have recenll )' been placed al the bus terminal for the light nul s1ntio n. :ire th'" .nrce proJCCU . These co',IS l-11 \·r been borne by l:.CF in 1hc amount ofS37,193.00 and 1hey \Viii b-. rerumed 10 EEF with the apprJval of1hu contract. he said. The founh item is work that is in En1lewood City Council September 17, 1001 Pl&• II progress . Earlier this ye11r, City officials met with RTD officials regarding extension of the sidewalk from the ligbr roil station DI Oxford to Monsfie ld Avenue and RTD indicated Ibey would fund that construction project. The total cost to RTD i.s $26 ,000.00. It i.s now in proccu, be said, as part of our annual capital projects and the City hos provided for construction and design engineering . H1.; asked if there were any qutStions . Mayor Bwns asked ifllun is all pan of the Third Amendment. Mr. Flahc rt)' u i~ yes, each of these items will be included in the Third Amendment. COUNCIL MEMBER BRADSHAW MOVED, A."ID IT WA i SECONDED, TO APPROVE AGENDA ITEM 11 (a) (II) -CO UNCIi. BILL NO . 60. COUNCIL BfLL NO . 60, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING A THIRD AMENDMENT TO AN AGREEMENT FOR ENGLEWOOD CITYC ENTER BETWEEN THE CITY OF ENGLEWOOD AND RTD . Vole results: Ayes : Nays : Absent Morion carried. Coun,a Members Nabholz, Garren, Brads~A w, Yurcbick, Grazulis . Burns None Council Member Wolosyn (b) Approval of Ordinances on Second Reading There we re no additioruil items submincd for approval on second reading . (See Agenda Item IO • Consent Agenda.) (c) Resolutions and Motions (i) Director Fonda presented a recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve . by motion, Amendment I to the Professional Engineering Services Contract with Brown & Caldwell in the 1moun1 ofSS ,950,364 .00 for Phase 2 Wastewater Treatment Plant Improvements . He advised that this is the engineering contr.lct to actually design tbe facilities . They have comp leted the pre-enginieering design. He noted thnt this contract i.s in the amount ofSS,950,364 .00 and i1 is anticipated that the project will be in the range of SSO to S85 million. At this point it will probably 1ake about a ye:i.r and o half to two years to complete the design, :at which rime we will go forward with construction. The design is for increase of capacity from about 36 million gallons II day to SO million ga.llons a day and , also . we will be adding nn additional level of treatment. in that we will be designing facilities to remove nitrates . So. he said, I would recommend approval of the Brown & Caldwell co ntra ct at this time . Mayor Bwns noted the CoW1cil Communication ind icates thnt the two primary factors that have been identified. that will require c:xpilllSion of the present facility, is the higher than anticipated population growth in the facility's service area and the regulatory requirement to remove nitrate . Director Fonda explllined that since we designed the last facility. based on DRCOG project ions , the population tw grown at nearly double that rate . We are in somewhat of a time bind. he said. because we ha\'e just finis.bed construction of the last facilities and now we art, \'Cry rapidly, goinii into design of the niext set of fuc1l i1ies. Although, he noted. we have worktd out :ideqwne compliance sc:hcdules with the S1.11e . • Enalewood City Coundl Stpltmbtr 17, 2001 Paae 12 COUNCIL MEMBER BRADSHAW MOYED, AND IT \VAS SECONDED, TO APPROvE AMENDMENT I TO THE PROFESSIONAL ENGINU:1 1[NG SERVICES CONTRACTWlTIJ BROWN & CALDWELL IN THE AMOUNT OF SS,950,364.,.,: l•()R PHASE 2 V,' , •, I t'-'11 ,: l't'l< TREATMENT PLANT IMPROVEMENTS. Mouon carrie d. Ayes : Nays : Abscn1: Council Members Nabholz, Garrett, Bradshaw, Yw-ctUc. Grazulis. Bums None Council Member Wolosyn {ii) Director Fonda presented ii recommendation from the Littleton/Englewood \V:mcwatcr Treatment Plant Supervisory Committee to approve, by motion, Amendment 2 to the Professional Engineering Services Contract with Brown & Caldwell in the amount ofSSIS,788.00 for Disinfection Wasti:w:ucr Treatment Plant Improvements. This is part of the same project, he said, but we had to break out tlus work, which will be designed and bid separately, because the Water Quality Control Div isio n has placed a compliance requirement schedule on us that we would not be able to meet if we left it ilS part of the origiruil contract. Director Fonda explained that this is bilSically adding a chlorine cont t bnsin to give us enough detention time. We can design this. he s.iid, and theo go into consttuction with a separate contract and tuve it done. i.n order to meet our lime requirements. Mayor Bums asked if there were any questions about this portion of the contract. There were none . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AMENDMENT 2 TO THE PROFESSIONAL ENGINEERING SERVICES CONTRACT WITH BROWN & CALDWELL IN THE AMOUNT OF S518,788.00 FOR DISINFECTION WASTEWATER TREATMENT PLANT IMPROVEMENTS. Motion c;uried. Ayes: Council Membe" N,bholz, Garrett, Bradshaw, Yurchick, Grazulis, Bums Nays: No ne Absent Council Member Wolosyn 12 . General Discussion (a) Mayor's Choice (i) Mayor Bums offered his congratulations to Sue Eaton for the ClRSA Loss Pre\'enlion Award and the Public Human R~source Certifkate frtJm the Certification Council ofJPMA. He commented 1ha1 it looks like the Human Resources Department is doing an excellent job. (ii) Mayor Bums noted tluu City Mano1ger Sears told C"ouncil about the T-REX groundbreaki•.g next ~1ondny morning :it 10:00 :i .m. (iii) Mayor Burns s:iid we have :i DRCOG boa rd mt.:ti ,1 Wednesday night and Cal Marsella will be there 10 talk :1bout FasTracks . (iv) Mayor Bums advised that the Rail-Volution Conference was cancelled because of the events of last week. They arc 1rying 10 reschedule, he said. and Director Simpson has told me he is nof sure they will be Jble to . .is it will be prerty tough 10 reschedule 11 national conference like that (v) ~fo yor Bums noted lhnt 1hc: Urban U.nd Institute Confere nce . 10 be held in two weeks. that he w11 s invited 10. is sti ll on . Thnt may a bu difficult. especially with 11n in1cmation11l mayor 's complic:11ion. as I do n't know how man y of them will be able 10 get there or will choose to come. • En&l""ood City Council September 17, 2001 P11e 1J (vi) Mayor Bums advised 1ha1 Darren Holling .... ,·01th is going to Crucago on the 24 111 to speak at a Brownfields Conference on the City of Englewood's accC '7tJ Hshments. (b) Council Mcmbcfs Choice (i) Council Member Garren: I. He said he wanted to mention that there arc two candidate t.,rums coming up this week. The first one is tomorrow at 9:30 a.m. wit h the South Metro Reahors group and there is one on Thursday, !II about 11 :30 a.m , with the Chamb:r al Englewood High School. Council Member Bradshaw advised that :;. will be held at the AVS Restaurant. Council Member Yurchick ilsked where the forum will be held tomorrow. Council Member Garren advised th.a.I it will be at Mineral and Bro:idway on the nonheasl comer. Council Member Bradshaw noted that actuall y that is nn interview, an interview for funding, with the South Metropolitan Bo:lrd of Realtors . 2. He stated he was somewhnt swprised ill the num bers for the Rau~s station. I don't know whether anyo ne else was surprised at the $4 million price tilg, he silid, but pan of our challenge on the 29111 is 10 look at the funds we have available, our budget limits and then try to make those numbers fit our budget. Ma yor Bums opined 1.,a1 there is some room in there for some ci.a.nges and some sav ings . We son of got a hint of this when we wen t down and spoke before the Southwest Co rridor Committee, he said, because a number was Hipped on the table that kind of jolted us a bit, bec:iuse we had no idea that they were looking at tbose kind of numbers . I think there are things we can do v.ith this, he said, and it is not easy, but I think we can get this done. I think the board re:illy is supportiv~, he said, and I think the step process they descnbed is pretty clear on bow we can approach this :ind gtl moving along on it. Mayo r Bums sta ted it is not easy and none ofus are temOly pleased with how expensive it looks like that is going to be. (ii) Couocil Member Bradshaw : I. She advised City Maruger Sears that wt probably need to call He:nbcr Hunt nod Paige Bradshaw, who appenrcd before us, Jnd let them know that, ifCowic1l is going 10 contribute , we will probabl y contribute individual ly. Or, she asked, should we conrribute as a group . Cou ncil ~lembcr Nabbolz felt Council should contribute as a group. Council Member Yurch.i r:k opined th.a t at our budget meeting we should set 3.Sidc X amount of dollars in our contributions for this type of thing . I m("an we rum down one person. he said, and I ha1e to select nno thcr. for whatever reason . But ifwe bavc some funds set :aside. it mnkes it a linle easier to make 1hc conrributions . Co uncil Ylcmber Bradshaw said, then. it would be first come , first served. Council Member Yurchick said that would be correct . Mayor Bums said he tholl ght th.at was an exce llent suggeslion. bec ause we have been in kind of a difficult pos it ion of choosi ng one /\nd not the othe r .ind for no real reasc,.,, nece ssaril y, as to why we are making the distinction . Council Member Yurcbi ck suggested they might consider splinmg II in half. half rh e firs l half of !he year and the other half the second half of the year. • 1'.aa)ewood City Council September 17, 2001 Page 14 Council Member Bradsha w agrttd, as there arc rttmy programs 1h11 arc imponant. &ecause, for instance, she asked, how do you pick the Anhritis Foundation over the ~cc for the Cure . You just can 't. So I agree , she said, and I llllnk we probably need to C'::'JOC up with a policy statement Council Member Garrett said, from my perspective, when I saw this I didn"t think ,vt would contribute :is a Counc il and so I made an individual decision as 10 whet her I was go ing to suppor' this or not. Ma yor Bums asked Cou ncil if tha t was their co nsensus. th:lt Counci l should make individual decisions on this . Co unci l Member Bradshaw opined that on this one , the y need to nuke individual decisions. She gave City M.:i.nagcr Sears the ir phone number. She said that was th eir conuict and the y called her al Imme 10 give her the number . In response to City Man:ige r Sears, Ms. Bradshaw confinned that he should c:iU them and let them know tha t Counc il will contribute individually . 2. She noted th.,t Council keep s bringing back, and talking abou~ the Mile High Housing Fund. I wus talking to Cheryl St. Clair today, she said, :ind I was aslcing her what we could do locally. I am not :igains 1 participating in 1his housing fund . she said. but when we're looking at a budget crunch and they are looking 11 S250 ,000 .00 for a board member. then [ have a problem with 1hat. And maybe we don 't have to be on 1he board . But, she noted, the minimum co ntribution is SS0 ,000.00 . I asked Ms . SI. Clair what we could do, in the City of Englewood . if Counci l contri buted SS0,000 .0010 the Hous ing Authority. She said that wo uld make ten down payments, for ten ren1ers to tum them inlo te:, homeowners . Thal is how much we could do on a local le ve l, she said. Tius is J.~t food for thought and I don 't know that we h3ve to make a decision th:s evening . My co nc ern is that Englewood itself only makes up 2.6% of the who le consortium and wt don't have the large :m10 uut of developable land that Aurora and Denver do and they co mprise 68% or 69%. So we would be giving mone y to the consortium and saying yes we believe in hvusing , but none of it would be coming back to Englewood, because we don 't ha\·e the land. My opinion is that the SS0,000 .00 could be bener spent. This is an Enp:lewood project that we could do, with the same amount of money . She asked 1hat r::ouncil just think about it. I think it we co uld tum ten renters into ten homeowners for Sl0,000.00, she said. then th.,t is a deal. Ma yo r Bums commented that he thinks part of tha t ques1ion is what do v.: do with the other $700,000.00 plu "' that we go t out of this . \Ve got a huge amo u'lt of mone y out of diis, he said. Council Member BraJshaw pointed out !hat it looks like we have a bill co ming on a station. Mayor Bums said sure and I underst:md tha t. I have been called by the Metro Ma yor's C:iucus and asked what they can expect ilDd I told them fifty :it the most. But, he point::d out, ,:~ got a very large amount of money out of the bonds, much more so than cities lar~. than w ! are ,md my t><)Sition is that I would like to see us contribute at least the minimum. But. he said. I think w:: sho uld tnke it up at the budget session and that would give us a better chance to discuss it and ~:-.e our opinions . Council Member Bradshaw said she just ,,-:in1ed tu let Cou nc il know that 1here are 01her avenues oul there and ifwe do S50.000.00 a yell, for ten years . 1ha1 wo uld be 100 homeowners . (ii i) Council Member Yurchick noted 1hat Chris Olson and his staff gave a pres entation JI the I.isl ACE mtet ing about the Build ing Dep:irtment o.nd how the building permit process and the inspection works and how the Fire Department ties into those ins pections . I pcrsor '.ly found 1t really informa tiv e. he said. ~:iuse I didn"t understan d how a lot of that stuff tied together . I think the ACE group appreciated that too . But. he s:nd. one of the things d1n1 co.me out of it was that :it the end of each building permit process. Lance Smnh sends out ;i Pe!frmumcc Sur\'ey. He reads them and stick.111 1hem in l1 notebook. but there is n'l tall y. ~1r. Yurch1ck suggested 1ha1 ma ybe he could do a survey , ·.,,mg EaaJ,wood Clly Council Sop1,_r 17, 1001 ••1115 the lines of1he citizen survey, where 1he infonna1ion could be quantified. and maybe ll'Oads looked at aod problem ,,.., identified. He poi111ed out that the information is lbere, but ii ia oot bein1 pul in the proper fonnAt. Council Member Grazulis agr«d that that was a good idea because they do get 10 many questions reglll'ding that proce:;s . Mayor Bums agreed that that was ·, good idea. 13 . City Man11er's Report (a) Ci1y Manager Sean no1ed that Dircctor Long had undergone surgery, bul he came back to work: today and he is doing quite well. 14 . Clly Attorney's Report City Anomey Brotzman did not ha ve any matters to bring before Council. I 5. Adjournment The meeting adjourn •1 at 8:32 p.m.