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HomeMy WebLinkAbout2001-11-19 (Regular) Meeting Minutes• • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COWRADO November 19, 2001 I. Call 10 Order The regular meetin t of the Englewood City Council was called to order by Mayor Bwns at 7:43 p.rn 2. IavocatioD The invocation was given by Council Member Grazulis . 3. Pied&• or Allealance The Pledge of Allegiance was led by Mayor Bwns. 4. Roll Call Absent: A quorum was present. Also present: 5. Minutes Council Members Gruulis, Garren, Bndshaw, Wolosyn, Yun:hick, Bums Counci l Member Nabholz City Maoager Sears City Anomey Brotzman Deputy City Clerk Castle Deputy City Clerk White Senior Planner Graham Dir<ctor Gryglewicz, FiDancc and Adminisa.tive Services Capital Projects Director Kahm Dir<ctor Blac k, Parks ..xi Recreation Dir<ctor S~son, Cornmuoity Developmmt a) COUNCIL MEMBER WOLOSYN MOVE!", AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY CO IJNCIL MEETING OF NOVEMBER 5, 1001. Ayes: Nays: Absent: The morion carried . 6. Scheduled Vlsllon Council Members Garren, Bradshaw, Wolosyn, Yurc:hick, Grazulis, Burns Nooe Council Member Nabholz (a ) Scon McClurkin, 3270 South Lafa ye tte Stree t, was present to address City Council regarding Council Bill No. 36. pcnaining to pets . He asked if the leash law bad been passed. Englewood City Council Novcmb<r 19, 2001 P•ge 2 Mayor Uums said ii wus on the agenda tonight on second reading . Mr. McClurkin said the reason he was here for a second 11mc '-''11S , hopefully, 10 clear up some issues that were left unanswered and unsaid dur mg the previous Cn y Council meeting . He said he could not recognize that 1hcrc w::is any opposition by reading the Englewood Hcnld. I would like 10 apologize to the Code Enforccmcnl people if I implied that the y were not domg their jobs rcg.irding the dog :u-largc issue. he said . The y 3,rc, and I commend them for that. Secondly , I would like 10 apologize 10 City Council for my ignorance that I predisposed 1h:11 they would answer . directl y. an y qucs1ions rcgnrding this issue . I understand th:u the y :ire undi:r no obhga11on to engage many dialog or dcba1e wnh a Cl!1zen or Englewood :i urm c this time period,~ said. however, I would be more thar. happy 10 engage those predisposed any time, any place . any where . Now to the issue at hand . Lasl week, I walked my unle:i shed, responsibl y controlled dog over to Cherry Hills Village-. I he.ird a little gasp the lasl lime I w:is here because they did not believe 1he y do not have a leash law over 1here. hi: said . I went up to Clarkson and Manin Lane. and there is a linlc cun·e thei·e and a sign behind there . TI1at SIMO says , "please keep your pets under control." I then 1oolc my unleashed . responsibly controlled dog down 10 Wood y Hollow Park, where you can go down all 1he !rails behind !he huge homes . That park 1s pan of the South Suburban Trail District. he advised , and that also has a sign th:11 s:ays, "please keep your pets under control." Now why does Cherry Hills hold their citizens in such high regard as 10 acknowledge 1hat their citizens arc responsible with their animals , while Englewood would hold 1he1r c111zcn s in such low regard ? Since the Code Enforcement department 1s doing their job, I can onl > surmise that this is true . It 1s not .i que stion of need, it 1s a quesuon of want. he said . You want a leash J.1w, yo u don 't ne.-:d a leash law . Did you know that , under the dog ,u.(arge ordmancc, Code Enforcement p:rsoMel can ask you, if they see you with your animal without a leash, for a demonstration of control of your dog'? I don 't know if anybody knew thal or not, or even has read this law. he said. You can know if it is under control by calling your dog, making him sit , etc . That has happened to me, he said . I w:is Slopped by Code Enforcement persoMel. I do not know his name but he was an elderly gentleman. I called my dog over and had him sit , which satisfied him. Ifthc Code Enforcement officer is not satisfied, and they can cile you. lhe case is closed . They c:m wrile you up for h.1ving a dog .11-large. so you can sec that the laws are alread y on the books. It is a question of wan1 and not need. he reiterated . Andrew Jackson once said "one courageous man makes a majority." Now, and this comes from the heart, I believe Cit y Council was dishonest with this issue. he said , as I have now demonstrated >Jot in a dishonesty of conscience. but in ignorance . The really sad part about 1his 1s that I belie ve you were dishonest wi1h yourself. I hate to rain on your parade . because I know you are lc:mng. and I want to thank you for lening me speak . We are poli1icat opponents on this situation, bu1 I am not glad to see you go . He thanked Council for listening to him . Ma yor Bums s:11d he would be happy 10 know he would no1 be \'Otmg on 1h1s ordmilnce 1h1s evenmg . Mr . McClurkin said he had a quick comment. since he had abou1 fi ve mmute s lell. He said he was reading 1he Englewood Herald. and some woman came up here and said that her dog was .1na r:ked ten times m " park . That must have been one mangled mun. he :asserted. and I would like to sec that vet bill, if there is such a 1hing . On top or that . she kepi going back . so I would tilke it with il gram of salt . these charges of unleashed animals . I guess I t1m predisposed tow:ard my dog, because I do have t1 very good. obedient dog, he said. An y ume Cuy Council wants 10 ,....,alk with me and the dog. we will have a gre:at old ume . You will see him su . e1c . If some ammal 1s unrul y, pi ck him up . I will probably end up bcmg a lawbreaker . I will walk my dog at nigh·. like a ~inja . I do net know wh:11 I am gomg to do . I will probabl y obe y the law . who knows . He again 1h:m'ted Council for their time and for listening lo him . Mayor Bums s:a1d he would like to make one pomt. He frh 1hat South Suburban Parks and Recreation Di strict ht1d jurisdiction over the Highline Can:il through Cherry Hd\s. The y have a sign that you have 10 keep your dog on a le11sh nol to exceed six feet. he .advised . Mr. ~cCl urkm said he would bnng in the sign . Mayor Bums said he saw 11 JU St ycs1erday . • • • • Englewood City Council November 19, 2001 Page 3 Council Member Bradshaw 54id that is even II bigger issue. 1hen, if you bring the sign. Mr . McClurkm said Woody Hollow Park is in Cherry Hills, and there are signs that say keep ,our pets under control. I would assume it is because they ha\'e hor ses there, he 111lowed, so the wealthy can more or less do what 1hey want, and the greal, unwashcC: cinzc ns of Englewood caMot. He thlnkcd Cr,~mcil. 7. Unichedulcd Visitors (a) Eric Benoluzzi. 4860 South Galapago Strcc1, said this is one of those times when words arc inadc qu:ur.. so he would be ca llm~ upon 1hc musi c uf Johann Scbas1i11n Bach 10 express his apprecia tion to Mayor Bums for hi s service to Englewood and for his kindness 10 Mr. Bcnoluzzi . Mayor Bums said Mr. Benoluzzi is a principal of the Colorado Symphony Orchestra, and we arc very proud 10 have him in the city. Mr . Bertoluui played the Prelude from Suite #1 in G major by Johann Sebastian Bach on his cello. After a round of app!ausc, Mayor Burns advised tha1 Mr. Benoluzzi is also the chairman of our Cultural Ans Commission and we arc very happy 10 have him. Thal was very nice, he said . 8. Communlcallons, Proclamalions and Appolnlmcnls (a) A letter from Shanno n O'Leary indicating her resignation from !he Englewood Public Library Board was considered . COUNCIL MEMBiR BRADSHAW MOVED, A. 'ID IT WAS SECONDED, TO ACCEPT, WITH REGRET, THE RESIGNATION OF SHANNON O'LEARY FROM THE ENGLEWOOD PUBLIC LIBRARY BOARD. Ayes: Na ys: Absen t The motion ea rned . Council Members Garren, Bradshaw, Wolosyn, Yw-chick, Grazulis, Bums None Council Member '.'l'abholz Mayor Bums said Ms . ff Leary has done a grc:itJOb on the Pub !:c Library Board , Bnd he was glad she had ind ic a1cd thal, 1f she had time , she would like to scn ·c the community again at another time . (b) Mayor Bums sa id the agenda now calls for him to make some departing comments before we swear in the new Council members . He said be woqld just like to say, as he had a col., '! of weeks ago, that it has been his grca1 pleasure to serve as the mayor of Englewood for the past seven years. We have seen a lot or changes , and a lot of th.i ng s arc still going on. I have bad the pleasure of working with City Manager Scars and his staff. "ho I think are just unparalleled people to work with. They arc just 1hc best . .1,.J ·ve have had a lot of wonderful ac i.:omplishments by thi s staff. a lot of national awards , specific s,;.v1cc awards . accomplishments by the people on the staff. He said he would lilu: to especiall y thank Ci 1y Council for the great cooperation the y ha\'c g1\'cn us . It has been quite a nde for the !::: :.~ ·::~:: years , and we are still doing things , he said . We ure still in the middle of a lot of sruff for the City , including t11c General Iron Works plant, the CityCentc:r rcdc velo pmrnt, the old city hall site , and the wonderful bond issue we passed a co uple of wcci:s ago . We have on the 3gcnda 1omgh1 the issue of the first bonds on that , and we have the baseball park wh ich will open for pla y 10 the spring . and ii jusl keeps going on lnd on . Every time I pick up some1hmg. somebody else has '.\On an award on this staff, so they are just wonderful people to work with . He said he would especiall y hke to thank the lad y who came with him tonight. Many of yo u know Karen Susman. the lady m my life . She 1s a speaker and trainer. and ha s trained many of the EnJ!lt'wood City Council Ne , • .,,,1,.., 19, 2001 Page -t peo p!r ·n the City from lime to llrtll!, through the Colorado Municipal League and other orpnizarions in lbe suue. ,,c •.:.ell :is the National League of Cities . She h3s even gonen me into her profession in the tut year and w.: i.pcak toge1her sometimes . She has been my assistant, companion and suppon through all ortrus, he s id, .. n\d she is very special to me. Mayor Bums asked for a round of applause for Ms. Susman. Mayor Bums said I will now ask the Deputy City Clerk to read the names oflhe newly elected Council r"i'.'!mbe1s, twc of whom have run for re-election . Those members arc then seated in the spaces up here and they will vote for mayor and mayor pro 1cm They will then have their permanent scat 11sianments on the dais . We hllvc six out of our seven Council members back, and John Moore will take my position in Districl 2, he said . They will be sworn in and then we will have a little more ceremony and have a brief reception. He wished Mr. Moore all the best, as he enters into his service in District 2. and conjlntul11ed Bev Bradshaw and Doug Garrett on their re-election 10 Council. With that, I will ask the Deputy City Clerk 10 read the names of the newly elected City Council members . There are three, he explained, u four of them did no1 ha~e to run again, since they arc in the middle of their terms . Deputy Ci1y Clerk Casile stated lhat the Council memh<1> elccicd on November 6, 2001 ar< John H. Moore, Council Member District 2, Douglas G. Garren , Council Member District 4, and Beverly J. Bradshaw, Council M ·mber At-Large . Mayor Bums s1,11ed 1ha1 1hey would now be sworn in . and he would leave the bench so they could take their scats . The ihree Council members were sworn m10 office by Municipal Judge Vincent Atencio . The Council Members took their se:HS . Present were Coi.1ncil Members Moore, GraZ\ll Gantin, Wolosyn, Yurchick and Bradshaw. Council Member Nobhola was absent. Mayor Pro Tern Bradshaw asked for nominations for the office of mayor. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO NOMINATE BEYERL Y J. BRADSHAW AS MAYOR OF THE CITY OF ENGLEWOOD. Ayes: Nays : Absent : The motion carried . Council Members Moore , Garren, Wolosyn. Yurchick. Grazulis , Bradshaw None Council Member Nabholz Mayor Bradshaw said this m;ght come as a shock to many, but she just did not have any words but thank you . To the citizcru. of Englewood. it is an honor to serve as mayor of our fair cicy. I will treat this office .1s I have our city, wilt respect and lo v\.. To my fellow Council members, thank you f-,r your trust and confidence . This is not a one-person job, and I will not become a single voice speaking for our ciry , We speak together . To the s1aff, my door is always open to you . We need to work toge1her to continue to serve our citizens to the best of our abilities . We ne ed 10 con1muc 10 mo,•e forward and make Englewood 1he best city possible . To the business community, I had o very interesting conversation last Saturday, with :a person I am very honored to know . Hopefully wha1 I have 10 sa}' will mike a no1e with all of you, she said Poli11cs arc just that, poli11cs . The past 1s ju'il 1ha1. the past I sinc rrcly hope we can all mo ve forward in a positi ve vein, to make doing business in En i;lewood a pleasurable expcnencc . The years ahead are full of opponunitics and challenges, she said . If \1 e work together, we can accomplish so much, so let's stan 1od.1y wi1h a fresh beginning of 1hc positive things we can do together . Thank you . Maynr Bradshaw asked for nominations for the office of m.1yor pro tcm Enalewood City Council November 19, 2001 Page 5 COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO NOMINATE DOUGLAS G. GARRETT AS MAYOR PRO TEM. Ayes : Council Members M®re, Garren , Wolosyn, Yurchick. J nzuJis, Bradshaw Nays : None Absent : Council Member Nabholz The motion carried. Mayor Bradshaw asked Rick K.1hm 10 present a token of apprcc1a11on 10 To ':urns. Cny Manager Scars stated that staff, as Mr . Bums hnd noted , 1s very crc:uive . '-'1th the help of several staff people, one of which w:i.s Leigh Ann Hoffhines, as well as Mr. K.ahm's crew,: .ncmento plaque was put together for Mr. Bwns that we trunk he will enjoy. Capital Projects Director Kahrn ret:.11lcd 1hc Broadway projcc1, which lasted two years , cost S4 million, aDd wo1s a success . Late in the project he said , Mayor Bums noted that the consultants doing the design work had not really done a good job "ilh our thirty-five year old bridge over Highway 285 . Al his recommendation, we upgraded lhe rols on lhc bridge and lhcn Mayor Burns wanted lhc brid,e lo be Ii~ which was really tough because the 1ccen1 lights up and dowr. Broadway have been oul of production for about twenty years. But we managed to come up with ten tights, and then we got to wrestle with ...xcel for aboul 1wo months to get a meter so we could finally gei them turned on . That was probably one of th toughest assignments we had on the entire project, he said. and so, we have for you. Bums Bridge . Mr . Kahin prescnlcd, to Tom Bl!ms. a framed picture of the Broadwa y bridge with a street sign that read "Burns Bridge". • Mr. Burns said he got a lot of needling out of this . They said they were going to do something like this. he said. but l just got bugged about tha1 bridge because it was so cold looking. It did not have any li&hts on it. and it was not safe at night So they did it, and we had a lot of kidding from it and it took. a while 10 get it lit up . I appreciate this very much and I have really enjoyed working with Rick on a lot of things, and I appreciate his going to the trouble of do ing this . • Mayor Bradshaw asked Council Member MooJC irhc would like 10 recogmzc family or guests . Mr. Moore said he would like 10 recognize his father-in-law . Kells Waggoner. his mother-in-law Jodie Waggoner, as well as his wife Kadu . Mayor Bradshaw said at this rime she would like 10 invi1e e\'eryone to enjoy some cake and refreshments with us to cclcbra1c this occasion . I would like 10 thank my friends for your continued suppon lhroughout this poliuca!Joumey . It made a huge difference . Mayor Bradsrulw presented a plaque to Tom Bums . The inscrip1ion read "To Thomas J. Bums in recognition of his distinguished leadership and outstanding conlributions 10 the commun ity as Council Member November 3. 1993 10 :°'o\·ember 19. 2001, and Mayo r December 5, 1994 10 No"ember 19, 2001." Mayor Bradshaw again invited e\'eryone to join the rccep1ion in the Community Room. The meeting recessed at 8: 15 p.m. for the reception. reconvening at 8:50 p.m wilh Council Membe~ Moore , Grazulis, Garren, Wolosyn, Ywchick and Bradshaw present. Counci! Member Nabholz was absent. Mayor Bradshaw expressed !hanks to staff members Leigh Ann Hoflhine s. Sue Bradshaw . Susan Werntz and Paulena Puncerelh for the mce recepuon . 9. P11blk Htarin& No public hearing was schedu led before Council. Enalcwood City Council November 19, 2001 P1ac 6 10. Cor,. ent A1enda COUNCIL MEMBER GARllETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (II), (Ill), AND 10 (b) (I), (II), (Ill) AND (Iv), (a) Approval Jr Ordinances on first Reading t I )I I t )H I (i) COUNCIL BILL NO . 75, 11-'rRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR '-N ORDINANCE AMENDING TITLE I, CHAPTER 9, SECTION 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINll-,G TO CORPORATE CITY SEAL. (ii) COU . 2IL BILL NO . 76, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING A ''CITY DITCH LICENSE AGREEMEr-rr FOR AN I 8" STORM SEWER CROSSING OVER THE CITY OF ENG LEW )()D'S RIGHT-OF-WAY ror THE CITY DITCH AT 5201' BLOCK OF SOUTH PRESCOTT STREET IN UTTLETON, COLORADO. BETWEEN THE en y OF LITTLETON, COLOR,\ DO AND THE CITY OF ENGLEWOOD. COLORADO. (iii) COUNCIL BILL NO . 77 , INTRODIJ CED L ,· COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A VAI.E GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOAR') OF THE 18 rn JUDICIAL DISTRICT. (b) Approval of Ordinnnces on Second Reading (i) ORDINANCE NO. 67, SF!UES OF 2001 (COUNCIL RILL NO. 65, IN 'ROOUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD , COLORADO TO ENTER INTO TWO EASEMENT AGREEMENTS tOR WI TER PrPELINE EASEMENTS AND THE ACCEPTANCE OF A QUIT CLAIM DEED TERMINATING AN EXISTING EASEMENT LOCATED AT MCLELLAN RESERVOIR . (ii) ORDINANCI: NO. 68. SERIES OF 2001 (COUNCIL BILL NO . 71. INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZING TH; ,:tTY OF ENGLEWOOD. COLORADO TO ENTER INTO TWO LICENSE AGREEMENTS A:ID ''\YO TEMPORARY CONSTRUCTION EASEMENTS LOCATED NEAR THE INTERSECT! ; OF SOUTH SANT A FE AND DAD CLARK GULCH IN ARAPAHOE COUNTY . COLORADO ~EnVEEN CENTENNIAL WATER AND SANITATION DISTRICT AND THE C.JTY . (iii) C•:'-.DINA:-IC I; :-1 0 . 69 . SERIES OF 2001 (COUNCIL BILL NO. 72 , INTROD UCED BY COLNCIL MEMBER GARRETT! • • • Englewood City Council November 19, 2001 Page 7 AN ORDINANCE APPROV~G SUPPLEMENT NO . 151 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. (iv) ORDINANCE NO . 70, SERIES OF 2001 (COUNCIL BILL NO. 73 , INTROl)UCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL CONTRACT BETWEEN THE STA TE OF COLORADO AND THE CITY OF ENGLEWOOD COLORADO , RELATING TO THE LAW ENFORCEMENT ASSISTANCE FUND (LEAF) PROGRAM . (c) Resolutions and Mouons There were no resolution! ,tnd mot ions . Vole results : Ayes : Nays: Absent: The motion carried . 11. Rqular A&<nda Council Members Moore, Garren, Wolosyn, Yurchick Gruulis. Bradshaw None Council Member Nabholz (a) Approval or Ordinances on Firsl Reading (i) Senior PlilMer GrahJm presented a recommendation from the Oeparttnent of Community Drvclopment to 1dop1 a ~ill for an ordinance approving an In1ergovemmenal Agreement with 1he Colorado Dcpartmcn1 or Local AHiirs acccprina annt ftmding for a Smart Grow,!, Housing Study. He said lhe grant. in the 1moun1 ofapp,oximately S 19,000.00, would be fora housing study n:la1ive co dlC ligbl rail and General Iron Works. The slUdy is in IWO l""rts, he advi.'Cd. We are looking II workfon:e housing issues and there will be surveys of employers . We arr also looking at General Iron ';'arks u a case slUdy opponunily 10 provide wo<l<Jon:e housing. This is the ftrSI orcwo phases or a grant he said . The tolal grant wu S50 ,000 .00, and lhe se<.ond study will be a land use study around lite Oxford Slation, but we do not have the contracts for lhat agreement at this time . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) -COUNCIL BILL NO. 74, ON FIRST READING . COL ~CIL BILL NO . 74 , INTROl)UCED BY COUNCIL MEi,!BER WOLOSYN A BILL FOR A.'I ORDlNAN CE AUTHORIZ!NG AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF LOCAL AFFA!P.S (DOLA) AND THE CITY OF ENGLEWOOD FOR A GRANT PERTAINING TO A SMART GROWTH HOUSING STUDY . Vote results : Ayes: Nays Absent: Council Members Moore. Garre11. Wolosyn, Yurchick Grazulis. Bradshaw None Council Member Nabholz • The morion c.anied . Enalewood City Council November 19, 2001 Paa• 8 (ii) Director Gryglewicz presented a recommendation from the Dcpanm;nt of Finance and Admini1tr11ive Services to adopt a bill for an emeraency ordinance 1u1horiiini lhe issuapcc of bonds for Parks and Recrntion projects . He advised that this would authorize the issuance, up to SB,325,000 .00 , in general oblisation bonds, and would be the fint part of the bond issue that was passed in the November 6, 2001 election. It is being done as an emergency ordinance to take advantage of the tax laws . If we issue under S 10 million, ii will give us favorable tax treatment when we go to sell these, he said. Additionally. I will be going out 10 San Francisco with City Manager Sears and our financial advisor :-tovember 29• and Jo" to talk 10 the bond insurance agency and 10 the noting agencies . COUNCIL MEMBER WOLOS\'111 MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (11)-COUNCIL BILL NO , 78, ON FIRST READING. COUNCIL BILL NO . 78, rt-. ,DUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF ENGLEWOOD OF ITS GENERAL OBLIGATION BONDS, SERIES 2001 r.oR THE PURPOSES APPROVED AT THE CITY'S ELECTION ON NOVEMBER 6, 2001, AND .ll THORIZING THE LEVY OF PROPERTY TAXES TO PAY SUCH BONDS ; PROVIDING THE FORM OF THE BONDS AND OTHER DETAILS IN CONNECTION THEREWITH: APPROVING DOCUMENTS RELATING TO THE BONDS ; AND DECLARING AN EMERGENCY . Vole results: Ayes: Nays : Abs,nt: The motion carried. Council Members Moore, Garren, Wolosyn. Yurchick Grazulis , Bradsha w None Council Member Nabholz (iii) Capital Projects Director Kahm presented a rccomm<ndatioo from the Dcp:irtmcnt of Public Works 10 adopt a bill for an ordinance appro,•ing an Intergovernmental Agreement with Urban Dniinage and Flood Conttol District for Big Dry c ... k l111>rovemcnts adjacent to the Allen Water Treatment Plant. Several ytnrs ago, as the State was dr-i,g the N11vajo Project, Ibey built the new bridge on Windermere across Bir. Ory Creek . At that time , they 1~mapped the floodplain at that location, he advised,. aod it was determined tha1 the Allen Plant cou 1ti be al riA for flooding in a major s10lm event The pllnt upansion was going forward, he said, and, ro protect the plant, the project went ahead and put in a w-•11 to protect the project at that point. Urban Drainage suggested that they hive a capital projeclS account and it is spread out over several years , jusl like our long-term capital projects plan . They were willing to puticipatc, bur it would take time , so we did the minirmlm to protect the plant. We applied for funding for some adJitional floodwall impro\-cmcnzs . At t'tis time, for 2001 , there is money available on a 50 /50 basis with Urban Drainage for the design of those improvements, and in 2002 the construction money would also be a,·ailable on a SO/SO basis . This has 11.llowed us to bring in about S7S ,000.()(I to SS0,000 .00 in Urban Drainage District participation in this project. he advised . COUNCIL MEMBER WOLO~YN MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (a)(III) -COUNCIL BILL NO, 79, ON FIRST REA£. !G. COUNCIL BILL NO . 79 , INI'RODUCED BY COUNC IL MEMBER WOLOSYN A BILL FOR AN ORDINA NCE AUTHORIZING AN INTE RGO VERNMENTAL AGREcMENT ENTITLED "AGREEMENT REGARD11'G FINAL DESIG N AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL lMPROVEME:slTS FOR BIG DRY CREEK AT ALLEN WATER TREATMENT PLA NT BETWEE N TH E L!RBAN DRAI NAG E AND FLOOD LJNTROL DISTRICT THE CITY OF ENGLEWOOD . • • • • ~nglewood City Council November 19, 2001 Page 9 Vole rtsull1: Aye, Nay,: Absent Th: motion carried. Council Membm Moore, Gam,n, \Volosyn, Yurchick Grazulis, Bradshaw None Council Member Nabholz (b) Approval of Ordinances on Second Reading (i) Council considered Council Bill No. 36, amending Title 7, Chapter IA ofth<: Englewood Municipal Code pcnaining to dogs and c3ts. as amended. Council Member Garren allowed that Council has bttn struggling with this for quite some time, but, felt that another slight delay might be needed . The Parks and Recreation Commission :md the Code Enforcement Advisory Committee have not set up a firm date to discws the pilot program. Mr. Garren expressed concern that. if the ordinance was passed in its present form, after the thiny day period, when it becomes cffcc1ivc, we may have a gap between the pilot program and the cffcc1ive dare oflhc ordinance . whereby we would have a leash law in our parks that would need to be enforced. before we had the pilot program in place . My recommendation is to delay this a bit, he said. Ma yor Bradshaw asked if we could move to posqx.,ne . Ci1y Anome y Brotzman asked if Mr. Garren had a date that he would like to rese1 it to . Council Member Garren said probabl y December Jrd • He asked when the fust meeting in January would be . He interjected that he though Council Member Wolo r·m b.1d a comment. Council Member Wolosyn said she was perfectly :n agreement with doing this. In talking about the spirit of the whole thing, ~owcver, it was l wbo suggested that we pass the ordinance and lei staff stipulate the times . I did no1 understand then that it would go back to a commission. Maybe we shouid just take the plunge , this is the way we want to pass it In essence. we know what we wan1 staff to do, we want them to set 1imes . The advisory committee~ advise us. not staff. so I feel like we are getting things out of whack. Mayor Bradshaw asked what would make it okay. Council Member Wolosyt. said. originally, we talked about some hou~. maybe we ca n make those hours a little more . She allowed that she was starting to get a little more understanding. and she is w1Umg 10 do this. but just wanted to present this little problem. Council Member Garren said 1he reason it wcnl back 10 ,• .e Parks and Recreation Commission. and he wou ld take re sponsi bilit y for it because of the instructions that came down. w~ 1ha1 1hey have a fairly good sen se of how the parks should be rmn.a.fled . We thought their mput on hr.lping us designat e the times would be helpful. During that process . they decided 10 just make i1 the w.-1 it is. which was a miscommunication. Co uncil Member Wolosyn felt 11 was confusing lo them . Council Member Garren agreed. He said 11 was confusing 11.nd then we thought if the Cod:: Enforcement Ad visory Committee got together with Parks, 1hen both sides could understand wha1 the issues .are . We are trying for one date, and Mr. Roth is gomg 10 check hls calenda r 10 sec if thac date works. and if it does not. then we will try 10 find another one that is earlier . • Mayo r Bradshaw asked ifl1c would like lo take ttus back. up on fanuary 7dl .. Enslewood City Council November 19, 2001 Page 10 '" Council Member (i11rret1 said we could do it on the 17• of December, and we would have a. chance to pass the pilot program by rcsolulion, or we could do it all on the 711• chhcr way . Mr. Gamn said he would not be here on December 17 .... , ifthal has any impact. Council Member Yurchick said he would personally like 10 sec ii passed, 11s ii is getting drug out , and come January 711t or January 13"' lhe,e is going to be another issue. I don't know why we cannot pass this as.is and have the pilot program in pkcc within thirty days. he said . The wa y I understand it , this will authorize the pilot program. we are not setting the hours . Council Membcr Grazulis said tt.crc i!i -r.o 1 really a pilot parks program !hat is written up yet, it is just maybe this or maybe thal. Council Member Garrett said he was 111i..}. :-the impress ion th., we would have 10 pass the pilot program by resolution. City Attorney Bro!Zmln said :,cs, to get the pilot program in place. Council Member Garren-said his concern was thal it would take ac1ion by Council to put it in place . Council Member Yurchick said he though! this or ,j nance authorized it ir. concept, and it was up to sta,T to crystallize that conccp1. Council Member Grazulis said she would just hate to sec that gap. Council Member Garrett said he was under the impression that they wo · :Id have 1.; do a resolution to implement it. City Attorney Brotzman said yes, thr, pilot program And the issue is not !hat ;taff can draw it up. but you also requested the Code Enforccm•nt Advisory Committee and the Parks and Recreation Commission to meet to discuss it as well. Council Member Yurchick s.iid he was just concerned 1ha1 it keeps getting drawn out. Council Member Ga1Tc1t said he wanted to make sure he was clear. His concern is that we would have to pass a resolution confirming the pilot program If Council action is not needed . we can pass it tonight and have it put in place within thirty days. City Attorney BrolZmiln said they "ill oeed a Council resolution . Council Member Garren said that '-,. where he got hun g up. in th.a•. we would have to have a Council resolution to do something . Council Mcmhcr Yurchick said he thought para graph B was that resolution . He asked ifwc ha ve to hav, a resoluu.>n in ad dition to paragraph 8. Ci ry Attorney Brotzman advised that paragraph B requires Council 10 pass a resoluiion approv ing 1he Parks and Recrea tion pilot f rogram. Mayor Bradshaw said let's go back to square one. What do we have in place now , without this be ing passed'? City Anomey Brotzman said we currcnll y ha ve do~ undc~ control • • • • Englewood City Council November 19, 2001 Page 11 Council Member Garrett said, if we pass it 1his evening, 1hen we h.vc a le.ash law, and if we don't have a pilot program in place within thirty days, that is where I got stuck. Council Member Wolosyn said 1hat is ex.1ctl y right Mayor Bradshaw sai.:I she understands Council Member Yurchick 's concern by saying lei's just pass it and be done with it. But ifwe pass it, we will have people who think they do not have a lea.sh law, and all of a sudden, this is a leash l11w . And that is not okay either, because then we have miscommunicated with the publi c. Council Member Yllrchick said paragraph B is not really addressing a leash law, it is addressing a dog-free zone. I look at this as 1wo separate issues, he said. I look at the dog-free zone, whether ii is the park or a separate area, I look at them as independent issues, I guess . Mayor Bradshaw said let me try to pul ii on a persona.I level. Today I was walking my dogs at Jason Park . If this passes, then I would have to h:ivc 1hem on a leash at the park. and I did not have them on a leash today, so I would have been in violation if we pass this . Council Member Grazulis felt ii would be confusi'lg 10 our consti1ucn1S if we pass it and there is !his lime in between when they can do this and they can't do that. Mayor Bradshaw agreed that it would be an enforcement headache if we pass ii this way. Council Mcmbc1 Yurchick said it would only be an en(orcement headache in the parks , not the rest of the city. Council Member Gancn said that is right. Council Member Wolosyn said, since we do wanl to have this pilot park program, the roost pragmatic way is to do them both 1bc same night, because it is the same amount, thiny days . She said :.he would like to do ii a., soon as possible . Council Member Garren said no, the rcsolu1ion would actually go in10 cffccl immcdia1ciy. Whenever we pass 1his ordinance , we have thiny days 10 pul 1he pilot program in place and not ha ve a gap, because the n•solution becomes effective immcdialely. Council Member Wolosyn asked if we could not do this effectively in thirty days . Council Member Garrett said he did not kno w when 1hcy were going to meet Ma yor Bradshaw said it is 1hc holidays, and the Par ks arid Recreation Commission w; ~ lly docs not mcer in December . Council Membci Yur:: J~ reca lled 1ha1 Director Black said they were going 10 meet at the next Code Enforcement meeting. D1rec1or Black adv ised 1ha1 the y arc aymg to coordinate with the Code Enforcement Advisory Committee . One of 1he 1en1a1iw d:ue s 1ha1 we ilrc lookms at is lhe 131h of De ce mber. but we have 10 coo rdimuc with Code En(orcemen110 make sure 1h11 wc.rks for thcr.i. If that docs nol work . ii ma y be that we can push that da1c up a hnle earlier or a linlc la1er , we arc 001 sure yet Englewood Cil)' Co•ncil November 19, 2001 Page 12 Council Member Garren said, from a praclical point of vi ew, ifwc did mccl on 1he 13111, 1h111 is a Thursday evening and I don't know what we have to do for notices and whatnot , but that means 1h11 nothlna would be available until Friday the 14• for our Monday meeting . I will not be hert , but I am sayina If we wanr ro gel this done. It will not be in the packet, either. Mayor Bradshaw said it would have to be a separate delivery . Council Member Garrett said it is just thal we have timing issues . Counci l Member Gra.zulis said there arc several other things going on for SC\'e ral of us to ancnd on the night of the 13•_ Ma yor Bradshaw asked what Council's pleasure was at this point. Council Mcm~r Yurchick said rii s concern was that if we put this off for thiny days and they do not agree, and we still do not have a leash law , and ii is another sixty days before they agree , i1r ninety days or 180 days . Mayor Bradshaw said let's just vote . We need a motion. Council Member Garrett asked if the idea was to do it all on the same night, or do one and within thiny days do the other one. Mayor Bradshaw asked ifhe was proposing lo delay th is until the 17th • Mr. Garren said yes . Mayor Bradshaw asked irthat was the tr" of December. Mr. Garrett said no, if they MC going simultaneously, it would be January 1•. Mayor Bradshaw said then we would s1an the new year with both of them in place , because it would not be in cfTcct until February 7Ui . Council Member Garrett said he would also recommend that 1hcy put it on the Study Session for December 17r,i, when their recommendation:. ... re made . Council Ml.'mbcr Yurchick asked what would happen if they do not reach an agreement or ·· .• 13111 • Council Member Garrttt said 1hen we would need to make a de cision. Council Member Wolosyn said she felt she had made a big mistake in tossing it out. because it should hav-: gone with us . We can't always be shovi ng ii off on so meone else, we arc going to have 10 say this is how we see this . Mayor Bradshaw said the disconnect occurred wt, .1 we had something from Code Enforcement come to us and then we threw it back 10 Parks and Rccrealion, we never let those two boards meet. COUNCIL MEMBER GARkETT MOVED, AND IT WAS SECONDED, TO CONTINUE COUNCIL BILL NO. J6, ON SECOND READING, TO JANUARY 7, 2001. Council Member Wolosyn said she was going to vote for cx~diencc also . just to acknowledge her own error . Vole results : Ayes: Naya : Council Members Moore. Garre n, Grazulis, Br.1dshaw Coundl Members Wolosyn . Yurchick • • • Enslewood City Council November 19, 2001 Page 13 Absent The mo1ion carried . Council Member Nabholz It, I t:1 r ., rln 11 ~, ' Mayor Bradshaw asked what that means 10 the people of Englewood at this time. City Anomey Brotzman responded that ii means we s1ill have an under 1.;ontrol li1w, not a lc:ish law . ( c) Resolutions and Motions Tlicrc were no resolutions and motions . 12 . General OlscLt.a,011 (a) Mayor's Choice (i) Mayor Bradshaw said the job of mayor is a team effort, not just one person. am one-seventh of the Council and we all need 10 work tog ether . She thanked Council for the honor. (b) Council Members' Choic e (i) Council Member Grazulis I. She asked about businesses on South Broadway that have not joined the Englewood Chllmbcr of Commerce . When the y get ready for a grand opening . is thc,c anyone from the City that at least goes and acknowledges thal the y are open. as"-good will gesture. like a W i,c Wagon type thing? The Chamber make s ii a reall y nice th ing for its members . On South Broadwa y I ::. 101 of grand opening signs and 1 don't hear a thing about it if they have not joined the Chamber , she said . Director Simpson responded from the audience that the y are usua lly not av.iU'e of the exact times and we, as a City. have no1 done anything . Council Member Grazulis asked if he would like her to let him know if she hears about anything, because there arc a couple coming up this wttk. Mr . Simpson said he would love to know about them so we can send a lener of congratulations . 2. She said she went lo Knuin's grand opening on Saturda y :ind you could no r find a place to park . Mayor Bradshaw said she was there at 7:7() a.m.. with the Linleton High School ba ... d ins ide Kman . (ii) Co uncil Member Wolosyn I. She l'ffered congratula1ions to the new ly elec1c d and re -el ected Co uncil members. She said she is looking forward to the ne x1 two years. 2. She said the report Sue Eaton wro1e on rhe reliree heahh insurance was very thorough il nd she rea ll y appreciated all the detail. (iii } Council ~ember Garren I. He thanked everyone for lening him serve as mayor pro tern . He said he wo uld try 10 do his bes1 in that capacu y . Englewood City Council November 19, 2001 Page 14 2. He said sometimes it is a question of semantics. He does not feel that Council shove~ things to citizen committees . BUI Parks and Recreation is very sensitive about what we do as a Council that affects them. and so I like to overly protect them sometimes 10 be sure they ha·•e input. Council Mcmbt r Wolosyn said 1ha1 is good, and she thinks that is what we should use liaisons for . Mayor Bradshaw said she did nol know if anyone had rc-ccivcd the press release saying "Englewood Shines with the Spiril of Who-ville ." Thal will be December !". and kids bring toys for the Toys for Tots . 1hey can have their picture taken in front of a replica of a Who-ville set from the movie . So there arc big things happening at CityCcntcr on Saturday , December , ~ and Sunday, December 2111!, she said. 13 . City Mana1er 1s Report (a) City Manager Scars said the only thing he had was about the holiday festivities . He said it will be prcny exciting and sldfThas worked very hard in puning this to:!ether . He expressed appreciation to everyone who stepped forward on it , especially with the traffic issues tnat arc going to be going on that weekend . (b) City Manager Smsthanked Council for working with staff regarding the retteal. He [cit it would be positive . He said he would be working with Cart Neu to get things organized. As a staff we appreciate Council, and we are looking forward to the new Council. We are here 10 serve you, as we have done m the past. We know that directions will change and we will~ ready to meet those new challenges . 14 . City Attorney's Report (a) City Anomey Brotzman offered congratulations to the new mayor and mayor pro tem, and promised not to call Council Member Moore the new guy. Council Member Garren said he and City Manager Seilrs were going 10 Frisco, Colorado next Tuesd.-.y to talk about development and the Wal•Mart issues, which we also ha ve had. 15 . Adjournment MAYOR BRADSHAW MOVED TO ADJOURN. The mee1ing adjourned at 9: 16 p.m. ., •