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Home My WebLink About1998-12-21 (Regular) Meeting Minutes• • • I ,,11ll INGL&'ll'OOD CITY COUNCIL ENGUWOOO, Alli&PABO£ COUNTY, COLORAII\) II DICEIDER 21, 1991 I. Call to Order The n:gular meeting of the EogJewood Cily Oaomcil was ca lled to onler by Mayor Bums at 7:30 p.m. 2. lnvocat!oa The invocation WIii gi\'CII by Council Mcmlla' Nabaolz. 3. Pltdge of~ The Pledge of Allegjai,<z ns lod..,. ...,,_...._ 4. Roll Call Present: CGIIKil -Nabholz, Clapp, Garren, Bradshaw, Habenicht, w...-,Bwm Absa>t A quorum was prc:scaL Ii- 5. Minutes Also pr=t Cuy Maagir:r Scan City~ Brotzman Ocpuly City Od Castl e Directo r Gryglewicz, Financial Seivic,s Director Long. Library Seiviccs Director iEzlon. Human Resources Eoginc:ru,g Mawrer Karun Municipll J~ Atencio (a) COUNCI'. MJ:MBl.&.11£.."i>SBAW MOVED , AND IT WAS SECONDED, TO APPROVE THE MINUTES OF nu:.~ MUTING OF DECEMBER 7, 1!198. Ayes: C..-ii Mmlx:rs Nabbolz. Gamtt, Bradshn,., Habcoich~ Waggom:r. Oai,p, Bums Nays: Nolle ·n1 c motion carried. Sc heduled ViJicors (a) Stan Lange, Chau or thi: Clean. Grcc11 anrl F roud Commission prcsc rucd awards to th e wi nn ers or th e Holiday Lighting fa"CnL f~ thanked Council 'or the opponuni1 y to present the Elc\'cnth Annual Holiday Light ing Evenl Awards. '-tf Lar.gc achiscd that thfa is the greaicst number of llnalewood Cily Council D.cember 21, 1998 l'rt ge 2 panicipanl& we have ever had in \he evem and it was very lmprasik that so many people worltod so lwll to ~righten our city. He asl<ed Mayo/ Bums to assla with the fbllowing pn,sentations : Honorable Mention : Mayor 's Choice Award Judges ' Choice Award Lifetime Holiday Spirit Award Best Artjstic Impression Award Cat's Meow Holiday Award Lights! Lights! Lights! Awa.-d Old Fashion Holiday Award Rudolph 's Choice Award Small To,vn Holiday Awnrd Winter Wonderland Award An Blom, 4560 ! ')alb Sherman Slltel Dennis and Kathy Brewer, 4045 South Elali Street Chrlstopher CalllOUCI , 4465 South Grant Street Rich and Peggy Cole, 30 17 South Pennsylvania Street Tom and Carol Gibson, 4801 South Inca Street Mark A. Gn:iner, 2875 South Dclawan: Street The Leff Famil y, 350 East Belleview Avenue Gilbert and Laurie Mears, 3742 South Shennan Street Dariene Reed. I 050 West Oxford Avenue Deborah and Gary Wal!cn, 3740 South Sbcnnan Street Charles and Barbara WIiiingham, 4233 South Shcnnan Slltel Steve and Leslie War~, 3935 South Inca Street Randahl and Tamm, Headley and Family, 4:; 15 South Lipan Street The Miller-Bargas Family, 4104 South Shennan Street Ron and Melanie Kio ewer, 504 I South Elati Street Skinner's 8-G Kennels. 1101 Wea Quincy Avenue Dwight P. Latham, 2971 South Emerson Street Chuck Greer. 3701 South Huron Slltel Charley. Carol and Bill Van Amam, 4435 South Grant Street Gary. Lori. Joe and Jon Southwell , 4450 South Grant Street Richard and Alice Kloc..cr. 4990 South Elati Street Mayor Bums thanked a!J the panicipants in I.he event. as well as Mr. Lange and the Clc:.n. Green and Proud Co mmission m•.:mbcrs for all their hard work and effons . 7. Non-schedult:1'1 VliJton There were no non-scheduled visitors . Communications, Proclamacions and Appointments (a) A lcllcr of rcsigrurnon from Counci l f\.kmbcr L1un Clap p was rr.cc 1vcd. COUNCIL MEMBER NABROLZ MOVED , AND IT WAS SECOND£C, TO ACCEPT WITH REGRET A LEIT£R OF RESIGNATION FROM TH£ ENGLEWOOD CITY COUNCIL FROM LAURI CLAPP, AND WISHING RER THE BEST OF LUCK IN BER NEW ENDEAVORS. Mayor Bums advised that Ms . Clapp was elected in No \·cmber lo the State House of Rcprcscnta1kcs and "'II take office in Jan uary of 1999 . The n:signation is effective as of December JI . 1998. he said. "'she will p:1nici pa1 c in 1onight 's meeting . Mayor Bums said that i i has been a great pleasure to have served ,\ilh Cou ncil Member Cla pp , and we all accc pl lhi s lctrcr with regret Vote rt.RIii!: Ayes: Nays: Co uncil Members Nab hol1~ Garrett, Bradshaw , Habeni cht. Waggo ner, Bums No ne • • • • • ·1-nalewood City Cow,cil Dcctmterll, 1991 Page J Abtwa. The malion carried. Council Member Clapp Moyor Bums pracnled a Cllld to Ml. Clapp flam U.. IDOl'llber• of COW1Cil. and a plaque. Mayor Bums :-cod the C.,llowing ~ 6om Ille pla:jt,c:: "Plaeniou to L.wri Clapp in apprcc:Liti o" for her leadenhip and dedinuanlOIM.-i:y aaCoancil ~.Jainay20, 1995 10~31, 1998 from the Englewood Ci1y CouociL" ...,.,. Bums tlOlld lillt it should rad November 20, 1~95, rather than January. He WCDI on IO D!' -Ml. Clapp had SCMld OD tbc Englewood Downtown Development Authorily Bc.ud. tJie ~ Liai5or., 111d SMflll Giber committ=s since she ha.! l,cen on Council. Mayor Bums <aid we r<alJy wish her ...U, otldillg dull we have seen her grow and mature as a mcml>er or this Council. Sk bas been on just a couple of ycan and she has already elcvalcd herself to 1he Slalo ~ • -.,. -r happy t~ have a friend Ibero, and we will be doliahted to .., ocr ur then:. We "ish ha the very l:i:a, ~ aid. ldding that die amectioa will be made to lbc plaque. Counci l Member Clapp said ii really bas been an honor to sc,vc with this C:0,JDcil. It really is humbling and an honor to se,,,e Ille peapc ofEaglcwood. Sbc said sbc lama; forwanl to serving at the next Je,~J. and that she is very c.-<ciacd mout some or the WOIIUI that they have dooc ns a Council, 1dding that sbc beliC\'CS that Englewood ._a very, very b:ight l'utune . This is a bincmvcet moment for her. she said, but she loouforwanl 10.-so:vice. Mayor Burus asked Ms. Clal'P ·to introduce bcr liunily. She introduced her husl:and, Rolley Clapp. her daughters, Naialy and Caodxr. Clapp, her son Colto., Clapp. and her very best child can: provider, Mary Stipe . Mayor Bums pn:sent<d a txa,quc:1 of !Jowers to Council Member Clapp. (b) Council broke for a bri -,f rcccption at 7:45 p.m. honoring Council Member Clapp. rrcon\'cniog at 8 :07 p.m... '111th all members prcscoL 9. Public Hcari-c No public hearing -!-.ied before Council. IO . Coa,ent A~ COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA rn:.." JO (a) (i) ON FOIST R£ADING. (a) Apprc,wal of Ordinances on First Reading (i) COUNCIL Bill NO . 81, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORD INA.'ICE AUTHORIZING AN IN11'RGOVERNMENTAL AGREEMENT BETWEEN TilE CITY Or ENGLEWOOD. COLORADO AND ENGLEWOOD PUBLIC SCHOOLS WHEREBY ENGLEWOOO WILL HOST TiiE ENGLEWOOD PUBLIC SCHOOLS WEB SITE . Vole rcsulu: Ayes Council Members Nabhol ;., Garren . Brndshaw, Habc11icl11 , WaggoDCJ, Clapp, Burns Bnglewood Chy Council December 21 . 1998 Pnae 4 N•ys : None Tho motion carried. (b) ApplU\'ll oCO!dlna,as OIi Second Reodln1 COUNCIL MJ:MBIR BRADSHAW MOVED, AJIID rr WAS OCONJIID, TO .UW.Oft CONSENT AGll'IDA mMS 10 ~) (I) llld (II) ON s,.coND Ill.WING. (I) ORD!NANCI! NO. 87, SBRIBS OF 1991 (COUNCIL Bn.L NO. 19, INTRODUCl!D BY COUNCO. MEMBER BRADSHAW) AN ORDINANCI! AP'/ROVING SUPPLl!MENI' NO. 139 TO THI! sountGATE SAHITATION DISTIUCT CONNECTOR'S AORl!EMENI' FOR THE INCLUSION OP LAND WTl1D n1E DISllUCT BOUNDARIES . (ii) ORD!NANCI! NO . 81, Sl!Rll!S Of 1998 (COUNCIL BILL NO. IO, INTROOUC"@ BY COUNCU. MEMBER BRADSHAW) AN ORDINANCE AMENDING TTl1.E 4, SECITON 4, SUBSECTION 2, Of TIIE ~O MUNICIPAL CODE 1985, BY 1llE ADDmm; OF A NEW PARAGRAPH D AND TIE RELETreRING OF PARAGRAPH D TO I!, PERTAINING TO CHARJTABU! FUMJaA:5DIG SALES TAX LEVY. Voce rcsulu: Ayes : Nays : The mo1io11 carried. Council Members Nabholz. Garret~ BradJbaw, IHlaiidll. Waggoner, Clapp, Bums None (c) Resolutions and Motions 1l1crc were no additional 1csolutions and motions subrnincd for approval. (Sec Agenda lllmn 11 -Regula r Agc nd.,.) 11. Regular A&enda (a) Approval ofOrdinanoes OIi P-1111 Rcadlng (i) A n:commr.ndation from City Allomcy Bmtzm"n to table the ~ncnt 11i th Mctricom was considered. COUNCIi , MEMBER BRADSGAW MOVED, AND IT WAS SECONDED, TO TASLI AGENDA ITEM 11 (al (I) • COUNCIL BILL NO . 74. Mayor Bums asked if ic truces two thirds vole to bring I.his back City Altome:y Brotzm:m, wd th.11 is co rrect 111:n i!> the rccommcndatfon Vor e rc ~ulu: Ayes : Council Member. Nabh ~lz. Bradrhaw, Habcn,c hL Waggoner , Clapp , Bums • • • • • ~ Ciry Council r:..:emba-1 I, 1991 J>as:5 JI 11·J•n I Nlyll Abaaia : The ma:iam carried. Nam Couacil Member Garrett (Ii) City MIJll8llf Searl p-..1 a RIIXIIIIIIICl1dUoa to adopt a bill for an ,. ~ I ~ ........ •In~ Apcment with the CityofS b!ridan for Englewood to provide iiH:iad caa,;butions for the rcnovatlon of the Oxford Bridge . t.h . Sws sta led Iha~ In the alldicacz. -Rady YOWII, Cil)' Admini5tr.llor for the Cil)' or Sheridan . We know that !his work is plann,d,.aat-, and die CltyalSllcridan h"5 been very ltJCCeSl!W in getting the private &eetorto porticip,a in the COIi of tho bridge, he raid. We will be needing to rcloca1e a water lint on the bridge itself, wltidl will be in the neighborhood olSS0,000 within our cumnt funds. In any even~ we would ba\'C bait• ldGcale that Wll<:r lille, but Mr. Sears mid he feels this will t.dp us in !Cfflll al monitoring and......,._. landscaping impn,v-. to 1be bridge and alJo 1>.irking with tbe Ci1y or Sherid.1n to be ae6c bnlF can be Ille best !bat it ca be. It is a great opporlllllil)', because U>c State is forwanliltgcigl,IJ percent oftbc COIi to do tbc improvement, ll0 WC wr uld n:commcnd strongly that Cooncil ...-,e 11m, be said. COUNCD. JIIDISER BllADSRA W MOVED, AND IT WAS SECONDED, TO APPROVE AGL'IDA D'DI 11 (a) (II)-COUNCR. BILL NO. 12 ON FIRST READING. MaVO< _ _.... tbol M: hlYe cmsidcrable conlributlons from the busincsa,s in the area that use thai brid&r-ad,._ contn'btlliaas from tbc County, os well, so it is a considerable priva!dpublic partnCRbiip .. -ate -"iag on here. c.oancil Mmlbcr Waggoner -:!this bas b<en before the Water and Sewer Board . Cil)' Attorney Brotzma aid b,; docs not believe it bas. Mr. Waggoner aslccd if it should go before the Water and Sewer Board. c-icil Member Bradshaw aid no. Wr. BrotzmaD said while there Is a large ponion that is th e waaer liK,. ~ are aJso doing olher in-kind services. so in that car~, we decided not to truce it before Water andSc'l>u . Ma,u S...asml iftlle WIier line is being paid Corby tbc Waler Utilil)'. Mr. BrolZJllan ,aid the Water Eatcrpriw i,;<l<.ug Wt. Mr. w..,_,. said the way be reads this. there 110 a coople or contribu1ions, one bJ• th: General Fund. which is OCI! lO c.uced $50,000, but there is also a contribution from the Utility FunJ thnt is nol listed in the rcsoluncm or the agreement. Cil)' Manager Scan said that is true. and we probably should ha\'C liSlr.d 1ha1 the $50 ,000 is rcnlly goi ng 10 come fmml the Water Utility, as opposed lo the General Fu nd. Mr Waggoner asked if there arc two amounts at SSO,OOU . Mr. Scan responded that Uicre is only goin~ :o be one contribution of $50 ,000 101al for the Cily. The intergovernmental agreement rends alright , then, Mr. Waggoner allowed . He read ' ... ._..,ie for and provide an in-<tind contribution or $50 ,000 10 CII)' or Shcr ida u ... " and that's it. he said 'l1let:e H nothing in there that said anything aboot the Utility Fund, but in the Council Co_,., it said that the City or Englewood is being asked to provide scf\ices not 10 exceed SS0.000 m:,a the General Fund. then it says oontributions from the Utiliry Fund will be as appropriate fo r the "2Juc at·cnbanccmcnts received. ~1r Scars ~d thiit was wron gly put in there. We really arc lookin g al 1hc $50 ,000 to co me from the UtiJ i~· Fmd..1l0lal fro m the Cily, and that ii in in-ki nd :;o nuibutions. I do n't know exact ly what our uu lity COIi!! •ill be. be said. for the water line , but ifit doesn 't need that .. Englewood City Council December 21, 1998 Page6 'I )'f:J,J .il•'ftt R~f ,r Mr. Wa8!1oncr said they were going to upsizc the water line • • wmld have 10 pay the dllfcrencc . Mr. Scars said righ~ and that is going It' be up in addltioa to.,_• m.ooo 1'<1llld amount lo, but nur total in-kind contribution from all SOWttl with the ::ity is going 10 be $50.000 . Mr. Waggoner said Ibey still look lib about $330.000 lbart.in • 111a1 !Mith. He asked where that will come from. Mr. Scan uked Shoridlln Cl1y ~ Ya.s •-fDIWMI and 111k about wllal he anticipala. Mr. Young .-..ponded thal be did DOI lolal this figure . We ....• c:tc.o 1111 ftgme o£about S500,000 right now, l.e said, or i little more than that, for the in-kind........._ '1'11111:1118! coalnlcl ou the bridge itself is coming in less than the grand IIIIOUD~ even• tllil (llilL 'lllll'1 with Ille original scope of u,c projcc:t, he said, and what we arc uying to do oow is~* -ol 1h11 project u large as we can 10 make sure we utilize as much of the grant money • • ca._. dim mp the IWClll)'-pcn:ent m:i tch still in line. The last tally we did on it we were a liUk o,a Sj00,000 an our llllleh, be explained, part of thal being some other in-kind services, other utility rdocaiaa U en be counted in as in-kind. That would be lhc Public Servir.c lincs, and there is a gas line th<n also, so lllcn: arc other utility relocations that don't reflect in this memo where lhc numbers an, spdlcd ~ lhat can be used as pan of ct,c in-kind. He said he fccls that II wbuc about $100,000 is iL l I Council Member Waggoner asked if be thinks be is close cnougb. lbm. to the twalty pcrcenL Mr. Young said yes, we arc asswod. We have also broupt O'Brien-Krcillllaa, •~ -,II team, on board for this projca, basically to lool< at this from aa owner :cp .... , paint of view. They have helped us work through, not only making sure to maximize the.,.__, ia •-~ scope of the projcc:t, • but also looking at the liability cf the project . Mr. Young said they an: usuring us al this time that lhere • is plenty of money in cash and within the in-l<ind conlribut.ioas to be a ,ay 'rillllc pn,ject. By going oul to bid lhc projca, we have been able to ob1..ain a •JCry co111pc,wive price Ill> de Iba! with, be added. We arc looking at beginning construction the first pan of January, or bJ Ille lliddle of January, to be in the river this January. The timelinc currently calls for the project ID be cm,plaal by lbc cod of 1999, he said. C, •ncil Member Habenicht said, along the same :;,,:, oo,r Ihm: cilia cf Englewood. Littleton and Sheridan have worked logctbcr on lhe development of the S-Fe Canidor. ad lhc beautification and enhan<.ement of that. The gateway is for Littleton. Sheridan and~ she said. and the Sheridan gateway is at Oxfonl and continuing on down . c.ic asked how thiags arc coming along with Iha~ and if lhe anractivcncss of the bridge would match the quality that we bane llca ll)iag to develop along Santa Fe . Mr , Young responded thnl what we arc 1rying to do agaj n by ex~ the scope of this projccl, and wha1 you sec on this letter represents the minim1 m commi tments that ,ii'C ~ . from each of lhcse companies . Several of these companies have S1CJ>1-cd 1:-t,urd a.'ld said lhcn: IS more they can do as lllr as in-kind. Western Metals is one company, for c::.im k , :hat has just bouglll ou, De Walt Steel, so now they have U1e ca pability to help lake lhe bridge down. be ,.,. darned, and dcsuo)• the msting suucturc. Again , that can be used as in-kind, and wc woulti have additional cash to help e,q,a,,d ll>t projoct. The initial design and scope of this project 1call y was Uie otinim il. he said, and the idea was r.,st lo g,:I a four lane bridge across the river, and do it at a minimwn cost With the contribution k'\.'d we .are at DO'W, we arc looking at expanding that scope to where we can cenain.ly start addrcss•ng mart 11"lhc landscaping issues. and more of the te xtures . What we wouJd like to do is keep the texture.. for LD.SCDCC, of the concrete. the colors used in the co ncrete , the same as the Santa Fe corridor , so we can uc rn U1iJII whole corridor theme inti') 1hc Oxford corridor. Mr. Young said, ideally, we would address liglwn;,, but again it is going lo depend on how much everybody steps up to the plat e at the end of this thiog. AJJ these businesses have indicated to cs. also, Uiat tl1C)' would like to sec it four lw1C complml y throu&h tl!ia corridor. Right now, it is probably • abou t fift y or sixtJ percent four lanes approaching it. he sai d. Wbcrt •-c an: lacking is where you hit the • • • EnaJcwaod Cily Council December l I, 1998 Pqe7 bridp: and ,o west towanls Clay SIRel or Federal, lhcrc l\l'C >!ill some sections in there wbctc n need 10 add upball ud set• .dca<d. Most of tllcsc bu5iuCSICS arc Sloppinc up and sa)-in& if we an, goin1 to do i1, lcu do ii ripl while we arc doing lh11 projccl, so I think you arc going 10 sec mor< con1ributions coming in to make 11111 haA)CII. he opined. Al lhat happens. wc will bo addressi ng lhc lightinc and landscapina ilsuca and our id¢ is makiq sure ii is a viable entryway nrojcct. Council .Member Habeni chl a5"ed ifshc can be assured, If she voles in favo r of:bis, lhal she Is nul vo1in1 to cxacerbaoe some of lhc negative visual impacts !hat wc have across Oxford on some of lhc leniblc piles of debris. Mr. Y 01111& n:spondod that they have been working quite closely wilh Western Melals, and he said he apologizes 10 this Council and lo bis CoUDcil for lettins that set out of hand and out of control. In convcrtations with Wcstem Melals over lhc previous year, we found that they swi1chcd out a IOI of their maciliDery aod. lhcrdlR, began .;tockpilin& th01e vehicles . That wiU not happen again. he asscncd, and as Car as be is con<:eraed ii abould never have soncu to lh.11 lcvcl, and we will ccnainly mailllaiu thal thal docsn 'I blppcn. Part of c,q,andil:g the ,cope, be continued. Is to do somclhing righl or v Iha! "" wcren 'I addrclliJI& iu the iDilial a:opc at all, that soulhcm ,Ide ou the CISI oflhc bridge. with curl, and guner or llll)'lhins. Ht said be would like to work with Wcstem Melals and~ somcthiag douc with Iha! section in lhcre. 100. Nol even looking at lhc mountains of can, but ifyoujUSI look at the fronlagc th er<, it is pn:uy rough lootiag and we need to do somclhiJls wilh lhal. They have been approaching railroads for the last couple ofyars. and -oftha: Is llilrood righl-of-way. There actually used to be a railroad tzack acrou the Plaac River just SOUlh of the cxistiug bridge that got washed OUI iu 196S and bas DOI been replaced . Tbcrc is some qucstiou wbdhcr lhal is ever going 10 be replaced, and if not, we D<Cd to work with the railroad to uy and do somclhing wilh lhat an:a 10 uy and dress it up• lillle bi~ too, be said. Mr. Younr, said he rcalim Iha~ being right across from tl1c golf course !here, i: would be nice 10 fix that up for all of w . nun is the intent. depending again on tl1c 101aJ contribulions as we get into this project . Mayor l3w'm asked if those contributions aie outside of lhis immediate project and what other lhings 111'11 !hey arc trying 10 do wilh Cunhcr contributions . Mr. Young said righ~ these arc 11,c real basic numbers they wed 10 uy 10 get 10 lhc minimum in-kind level 10 make lhc commitmcn1 for !his grant money 10 move forward wilh lhc project What we arc looking al <!oing is coming back in and, by February, we 'll ha,·e a couple of meetings with our Council , and we encow:,ge you lo look at tha1 wilh us and sec what we want We ha\'on'l really even designed Ibo bridge, OChcr lhan the basic four lane bridge , so"~ really need to do soinc design criteria. he said. to get II) where we want to be once we ha\'c those final comntiuncnts . Cou1ocil Mcml>cr Bradshaw aid sbc-.Jd likc 10 complimcot Mi. Young 011 reducing that stack across from lhc golf course . She said be has done an admirable job. Mr. Young said ii wasn '1 easy. II looked a lot worse for a lc..-.g time, be said, because they ,1artcd pulling down from lbc soulh side of Iha! stack and he k,'J)l assuring me lhal it was going down, but unless you walked around 10 lhc olbcr &idc of i~ it diwi ·1 look like it was. Ms. Bradshaw said she was sure it was his vigilance Iha! helped reduce il Mr. Young thanked Cooncil for !heir patience while he tried 10 gel tlial addressed . Council Member Nabbolz also tliankcd Mr. Young for getting UIC pile reduced , adding 1ha1 she hopes ii maintains that way . She askoo if this is somclhing lluu we, as a Tri-Cities, should look at. whm Lilllclon is invo lved. as wel l. Mayor Burns said Littleton really isn 'I involved at all . Council Members Brad.slrnw and Habcm chl agrc.:d that ii should probably be just Englewood and Sheridan . ~-fayor Bums co mplimented Mr. Yonng for l<Y.>king at other improvements along that road oulSidc of the bridge project. because that would rc.Ll y improve the whole arc.1 ove r there . Mr. Young S:Ud there arc still a few along there that we still need 10 rc•approach and sec if we can get some contribution . \Ve have n't been successful 10 date . Englewood Clly Council December 21 , i 991 Page 8 j (] " Ms. Habenicht aid it mighl 11111 be a bid Idea IO -wllll Tri-Otie, and bring' them up to date on this. 85 wc move tOWllld the enhancemcnll. IO laft 1M -cllles -'1111 qether 85 pan of the pmject. Council M,mber Blldlhaw aid 1be ddal .... ciaem adYIIOd ls line, but she dld not feel wc need to meet with them on this. Sbe uid we IXlllld ..,,_...., wlleftc\,a we do g<t together and meet, whenever that l1 . Ms. Habenicht concurred. Ms. Nallboil aid Ille thinJts it is very important that WC do keep lhem advised. Mr. Young sai rl he thinb lhat is 500IClllimc wc wm: loobq at as a Tri-Citic, as we expand down this corridor, 10 keep each other apprilOd and ~Ill die comlnuity. City Manager Sean said especially whell it cma., color ad type ti design along Santa Pe. Going back to Connell Member Waggoner's qucstioa, me tolll le\"1 ol commitmeD1 Is the $30,000 of In-kind service r:, ~~• ~:-:~ge . He asked Mr. Young iftur is tllc'Cllllything Iha! he was contemplating from the City of Englewood al this point in time. Mr. Yaai ~ !bar dial is c:om,ct, ii ts basically the level that"~ have commined. Rdemng to the~ dill kW pal IOged,er, be said it W85 tough to get all the final signatures on this document, pr;-ily bet:ae IIO oae wantcd to be tbe first one to sign it. Everybody wanted to be sun: everyone ek ,... oa lmnl before tbcy signed, and that is pan of the ,....,, the document is fonnalaled die way it is. llllica8r. -aie ll)'iltl dill if we are all on board, it will happen. If one or two .,.11111 on bolrd, im..., ._"I 1111,e die lllppOII of everybody. Thal is basically what I am looking at right now, be said,,;.. 1M S!0.1>00 leYd, wllicll is a commitment Iha! this Council preliminarily made a while qo. Thlt is wllll we -loothr& lbr, and it Is up to your Council and administration 10 decide i-that COIIIOS'IO ft'llilila Mr. Scars said, as we undentand i~ it is rally tllol -,una that is within the contingency of our Water Fund, which we have to do anyway, but, wloae lllae.,. some odier enhancements that we do to assist 11ith, the landscoping or some other type ofdling. 11111 it would be at that level, he said. Mr. Young said that may he the only other thing tllal be may ask, is whether you want to panicipatc al a litllc bit higher lc\'el !O help address the landscaping mucs, the lighting issues, and however you can help in-kind . He snid he certainly understands we are all casll tight right now with other projccu 11~ ha\'e going ')1i in tbe cities. COUNCIL 11:• , •• ,O. 82, IN11!.0DU<.E> BY COll"1CIL MEMBER BRADSHAW A BILL FOR -.J; ORDINANCE A\JiHO\"l!ZIN(j AN INIERGOVERNME"'1'AL AGREEMENT BETWE EN THE CITY OF SHERIDAN AND TIIE CITY Of' ENGLEWOOD PERTAINING TO FUNDrNG OF TIIE OXFORD STREET BRIDGE REPLACEMENT PROJECT. Voce rcsulls : Ayes : Council ManlJcn Nabholz. Garret~ Bradshaw, Habenicht , Waggpner, Cbpp, Bums Nays : Nooe The moLlon carried. (b) Approval of Ordinances oo Second Rading There were no additional items subntincd for appnl"'1l oo second reading . (Sec Agenda Item 10. Consent Agenda .) (c) Resolutions and Motions • • • • • • EngJ.,.'OOd Clly Council D=mber 21, 1998 Page 9 (I) Dlnclor Lona pn:senled P "'OOromcod•ion fi'oru lhc Ul>lary lo approve a c:olllr.lCl for thc dcvclopmeat and iulallation of a Smut Card IJllemet Ac:oea Conuol Syaem for lhc EaaJca'OOd Public Librmy ,vith Amazins SIIIII! Canl J'cchnalosla The co111nct would put a ~ in place ill &be En&Jewoad Ubrary, be adviled, wbcn:by anyone ftllUD8 IO UIO lhc inlemcl ~ be iaucd a Slllllt Card 1h11 would allow them IO -various icvdl ol web sites. II would enable pan,IIIS lo clocide for their children wbcther thcy wan I their kids to have full aa:eas IO lhc ln1erne1. or iimiled access, or even no acass, he advised. II would also do thillgs like eoable us lo have a bcucr c:olllllll over things like news i"OOJl5. e-mail cha! rooms, and this type of thing. Couacil Member Clapp said sbc would like IO say thank you. She said ihc understands thal he has worbd very bani on thiJ, and we have all 51rugglod l!imugb this issue. II i, not something that came euily 10 Ill)' of Iii, as ii is DOI an ca,y thins IO get your a,1115 around . Ms. Clapp said ,be is really happy with •Nbal she socs before bcr and she rccopu,.cd that Mr. Long has worked vc,y hard on it As a molhcr, I !bank you. she mid, and u a Council Member, I thank you . Sbc opined tha1 lhis is all thal we can do as a Council, and ii n:ally puu individuals in lhc drivers seal as 10 wluil they arc comfonnblc wilh for lhcm5dva and their families. She thankod him again for his hard work. ('.ounciJ Malbcr Nabbolz also thanked Mr. Long. She said she >!;ended bolh demonstrations that Direclor Loaa had and thcy were bolh very infonnalivc. Slio .aid lhe Board, as wcU as Director Long, have pul in a 101 of hows. She said this allows her IO ldl her ch.Ud what he can and can I oot access. Council Memllcr Waggoner asked what the Library Board's nocoauncndation was on this cxpcndilurc. Mr. Loq responded that the Ulxa,y Board recommended, l1lhcr than spcndi.og lhc ruoncy on this contract, IO birc addilional Ill.If to work directly with lhc public . They fell that would be a bencr usc of lhe money. Mr. Waggoner asked why they did not think the Smart Card was lhe way to go. Mr. Long said for a variely of n:asons, one is thal ii is a relatively new lcchoology in this usage, not Smart Card . Technology iisclf, bu1 using ii in libraries. We would be the second library in lhe counuy 10 lake Ibis roole . Mr. Waggoocr asked if be said the second library in the counuy, lhe whole U.S. of A 7 Mr. Long rc,pond,:d alfmnativcly, adding thal there arc a lot of libraries silting on their hands, or wringing tl1cir bands, trying 10 figure 0111 whal 10 do with this issue, and very few arc laking any pro-active Aancc. Mr. Waggoner asked if they arc wanting 10 usc us as• kind of a guinea pig . Mr. Long said he docs DOI coosidcr it a guinea pig, bu~ nlli.cr, uying 10 take a p~ve approach IO resolving a problem. II is not a perfect solution, he rccogniud. Mr. Waggoner said ii is oot a proven solution . Mr . Long said from what he has seen froru the demonstration, ii is a proven solution, though oot one that is in wide usage. COUNCIL MEMBER CLAPP MOVED, AND IT WAS SECONDED, TO APPROVE THE CONTRACT WITH AMAZING SMART CARD TECHNOWGIES FOR THE SMART CARD INSTALLATION CONCERNING THE INTERNET IN THE AMOUNT OF 5108,050. Mayor Burns said he has lalkod IO Mr . Long aboul this and 1bcn: arc some addi1ional lhing., 1ha1 l,c would like to sec produced before U1is is finalized . He asked if there is a ninety day period . ~,fr. Long said yes, they ha\'e ni:tety d.1)'S 10 gi ve us the system that we arc requesting in the contract. 11lc:rc arc some things that we have asked for spccificaJly. The ability, for example, to put a limit on how often someone uses tl1c Internet within a lwcnty•four hour period . say if we were to put a two hour time limit . so someone is not sitting there aJI day, they would lta\'C to go play or read a book or something like 1ha1. Things like once lhc card is pulled oul from the card reader lcrminal, ii would rcscl aulomatically and ins1antly 10 the home page, as opposed IO someone bringing up a sile and !hen walking off and !coving ii sitting on lhe lemtinal. These arc some things lha1 we have tried IO build inlo lhe conunct . Bn&lcwood City Caww:il December 21, 1998 Page 10 ) " J ,r., II I l' Council Member Habcllidll lliid &he bas some real concenu. She aid she has served on the Libmry Board with a lot ol'ille.....,. ... 911c bows how much time and effort Ind thoughtfulness they put into t,_ COIICOl'III •• _. • ....,...i ... WI lllc~ty bf the Lltihily Boon! mcmbcn, who were the very first ones 111 -• ,--eon or pad in lbr children, <Mn 'wllon the SlJlft' had recommended •plnst it, and really • • ,..,.,.._ or porn. they really loalt after the welfare of this community and the children in this..,,.....,., To rdlcct thal and that they have llllldled this issue with you at &""11 length and c:u not 11M II ilt dlelr minds to suppon this. I find It all1lOSI virtually lmpoalble to support this , lhe aid. Hearl,. -.. we -dd be only the second library In the country to do this, is seems to me that we arc being~ and lhat wr ""'S!'Oft(llng I lot of mohey. She said she could understand now why lhc L--,, Boon! was sayina :tther than spending $108,000 to be an C.'J)Crimcnt for some COlllJl8IIJ throagll aill ad em,r to sec wlldlif •· or not this worts, would be be1ter spent on staff or on materials for our o,n lillary, I blYt: to agm, 1tit'A : • ,t It 9'elllS 1D11Ch more responsible. Cenalnly I do not support pom. ... llill. addiag that she -!be pcraon who 1111' called attention to the fict whf.11 we had on the bocks a ...... ia -zoning, in -B• l zoning, that 'IIOUld have pcrmined the sale of pornography and adah--., 11111)1Jc not pormgraphy, but adult llllkrials in oorB-1 district, I led that charge. Ccnainly tbal ii -ay iatffll to in any MY pu,vey or in any way make accessible to children , I wont to keep oor co-,Y SIIOllg, rm the onc....., is working so strong to keep the level or our Cinderdlo City~ bigh. My standanh arc high, she said, and I believe the standards of our Library Board an, hip. Far• to throw this Ida! of money at an experimental solution when we could be holdlng bltck a llnlc biz.~ to see what the ,est of the count,y docs, more communities who haven lot more money to..,..,.• liliptioa that migl,I come fhlm this, moro money to spend on the c.,l",-rirncntation, line! Now. illhis company were to come to us and say, Mr. Long, your library is lntercsled in this, we -•Ill• liMdle on tllis. we -.Id be willing to put this In, would you be willing 10 let us woll<with yoa-w"II pay l'or il J WQdd!UJJport it wholeheartedly, she said, ifwe1re going to be •n experiment ie dial ""ll'-Bat if this IXIIDS l'orlwnl now, based on what the sludy and the years of study that the Library a.. ._ p.-ill, I can 1101 in any wr.1 support this . I think it is a foolish expenditure or mOfl<l'. Council Member NIIIWz ....r Dim:tor Long if the Llbruy Board was presented with these demoruttatlons or -j,,11 * ooe Lillruy Board member present that took the recommendation back to the tollll board . Mr. Laag mid we had one Library Board member II both demonsttations and she went b.1ck Ind cl<J)lain<d to 1k ~ as did he. aboul how the system worl<cd. Ms. Nabholz said tliat wa, her understanding, so Ille -aldie Library Board did not partlcipat.e nor sec this, she asked . She :.aid it was her understanding tbal ec-.1 Member Habenicht was not present at either of these meetings, where · lot of these ~ons ....W --amwercd. Ms. Nabholz said she bad some of these same fears, howe,·cr, she asserted tllll * feels we need this protective device. Also , we can advance the system a few years down the road. if• -to, where we hn-e one acca;s being to the Recrc,tion Center, the Libmry, the Malley Center or,.--,,"" need it. Ms. Nabholz said she really wished she would have encouraged Ms . ~ to ateend those meetings , because they would have answcr,d her q"cstions . M, Habenicht said ,.,. _ like to ask if Mr. Long thinks the Library Board has been acting in 1gnorancc 111 their DOC -,pDl'liag th.is. Mr. Long said no. he does not He said he would agree with her thnl the L1br.uy Bo...rd l!.a 11J.adjcd this issue ,1cl}· thoroughly over two years . just as we have. There is no 0 110 on tho Llbmry fkwd ~ promo1es pornography , or obscenity, or sexually explicit materials , any more llmn Anyone cbe • IMS room. -: ,icy ha\,: their own deep fell rc:lSORS why the syslcm may or may 1101 be the best ""'"Cf b -library , he said. Co uncH M"l mbcr wa.....-ak.cd wha1 1 i1e v()(c was on awarding this co ntract . Mr. Long said one member of 1h, Board......,_ up to support i~ and it died for lack of a second . That was anemptcd twice , • 1hcn 111101hcr 11Kltk,• -aade to LOl<e the money and expend it for staffing instead. and that one passed , ,u1h one nb'1c 111lon. ~ three 10 1wo "1th one abstention . he corrected. Mr. Waggoner askcct if thi s • • • Bnalcwood City Council December 2 1, 1998 Pngc II proposal was not submitted 10 the Libnuy Board. Mr. Long said this propooal was ........i. Mr. Waggoner asked wbat the vote WU on !bat Mr. Leng uld ICC me bid< up. It WU ...... ID lbem bcfon: we put it in final conllllOt fom1. Mr. Waggoner asked, so they have nol seen tllil7 Mr. Long responded thal they have seen i~ but 1he contrnct has come about after the ditcuaioa. da' tbe n:commendation that he made to ~ u far u lll'l'l'OVUI& negotilllng the contract. Mr. Wagoner said but they haven't seen a negotiated contract. Mr. Long said they have, but the~ and the ,'Ole wns before the oonuact document was put together. Mr. Waggoner said so they hnca't SICClll 1111: oontract document Mr. Long said they have seen the conuact docwnenL Mr. Waggoner said t-. lllley didn 't vole on it Mr. Long said no, they have nol voted on the conlmet document iL<eif. Mr . W..-, said it seems like wc oughl 10 lcl them vole oo the contract documen1 or sec how they look at iL Council Member Ganctt said the problem is it was Cooncil that initialed the negotlllilK. Ms. llr.ld5haw ag,11Cd, adding that Council told him to go ahead and negotiate . Mayor 8111'111 aid,-, -•did. Council Member Clapp asked, the way th£ 't sits right now in the Libnuy with the I-. IR,.., prolcctcd from lawsuits? Mr. Long said wc""' not protected from lawsuits by filtering w mol ftltcring. Lowden County , Virginia has been sued for placing fillers on their Internet tenninals. ~. California bas been sued for not filtering their terminals, 50 we can get sued either-· Nr. Long said he bas had very lenglby discussions with the City Attorney, and he helped with the aJIIIJ'ld: mill, as did lnl'ormallon Services and Purchasing. He aid he has talked with other libraries acna k-,Y, and some on: taking a stance and some arc not They an: waiting for the perfect solution, •-. adding tha1 it is like waiting for the perfect compuler. You will never have it. Council Member Garrell said, in tho Lowden case, they were filtering everybody, and in· lliis case,.,, arc not People have the ability to hMe complete aa:aa to the Internet Mr. Long agreed. Bi:'Slid that is the beauty of this system, it allows u., the flexibility to either filter very little, or t ,e. or we cndd filler qui le a bit Mr. Garrell asked ifbc really means the user has the ability to control ill.if acaa li.w<the most part Mr. Long sai~ !•, ;, saying "we" in the sense thal ""will put together a policy of paremai mage, as recommen d..,;,.: OJ the City Attorney . In that , we\! ~.ild aJ c:-n 'lddrcss what issues. if any, th:Br. we would want 10 filter for llduilS as well as kids . Sur.h things as du ~e wanl to filler e-mail for-•« sexually •"Piicit sites, or t11ings like chat rooms a, · news groups , and we have nol finalized llta< policy, he said . Mr. Gancn asked if there arc performance guarantees in lhc contract . Mr. Long respoafa1 affirmatively . Mr. Waggoner said 10 the po inl of ninety-five percent. not a hundred percent. Mr. '-said yes, and he docs not think there is anything available right now that can guarantee a hundred pmlOlll. Fie said he would be leery of ii if someone said they could dr, it Co uncil Member Habenicht asked if there are any filters currentl y in the Library . Mr Lomi said there arc filters right now on the two kids computer s. Ms . Habenicht said so we do filter the cluJdrcn 's co mpulcrs . Mr. Long said yes. we do. Ms . Habcnichl said that was at whose n:commendation. Mr. E.ang said it was al 1he Library Board's recommendation . Ms . Habcuicht clarified that the Library Board ,s. J>Ot recommending that we go forward with this . Mr. Long said they arc not . Council Member Waggoner said on page three, it sa ys the City shall block, or unblock. a 1llllU. based upon a poli cy to be crca1ed by the City , which shall be established upon a theory of parental coo,o,::n t Mr. Lon g sa id yes. this piece was put in at the recommendation oflhc City Attorney . Mr . Waggoner asked if the poli cy has not been establi shed ye t Mr. Long said no , it has nol been established. and di:Jn it is hi s intent tlc11 he would work with r.he Library Board and with lhc Cily Allomcy 10 develop a pols:J, !!hat would allow us the grca cc:,~ flex ibility . Mr. Waggoner asked ifthal policy shouldn 't be eslablisfu.-i! before we ge l into the contract agrccm,:,1t. ~1r. Long said it is his intent that we develop a policy "1'1iiai tfhc: next nin c1y da ys, if this is app rnved 1onigh~ prior 10 si gning the co nu.:1. Eft&lcwood Clity Councll Occcmbcr l J.. 1998 Page 12 Ma,w S..:IIIUll lfMr. Long -14 bring lhat policy beck to COWICII . Mr. Loag llllld ya, ho would be glad lO do ..,_ RdariJII •• pllralC "CX\'dopod ca thc thealy olpllClllal cont:lll!", Ma,;or Bums asked if be wu 1a11wtg.,. ,.._i OOlllCllt for )'OUth up to cighlecn. Mr. Lona sai~ yes. ciaJucco. Mayor Bums r.akcd if that is _,. ia llete somcpilcc. Mr. Lona r.aid no, that would bo pan of the policy lha1 wc would dc,'Clop . _..,. Burm said you really can't go fun.ber lhan cightteo. anyway, Mr. Long said no, and"" baYO no -ID do that Council -Waggoner asked what kind of policy do you dc1cnninc for an adul~ since you s.'lid you wcse goiJ,g•-l what adults can walcll, also . Mr. Lo°' lllid thc sy,tcrn would give us that ncxibility, !l.• dcvdopioa lhc policy, in lhc wishes of the Board and thc ""'°mmcndation of Council, that we ,.'C!'.C!ID, u an example, filler aJJ sexually explicit fjtcs , and I am not saying we would go there, that could toe,_ recommendation, lhcn we would make that pen olthe policy. Mr. w-,-ask<d, if pan olthe policy allows someone full use or aa:eu lO the lr>temd site. then -.Id yoa -tbosc in• scplll3le room somewhere so someone could watch them Ml by themselves'/ Mr. Loac lliiil no. Mr. W•ggoncr said then ,omcbcdy else could ICC them. Mr. Long said that is tl1c risk. and 1h11 i&IJ)liog to weigh the best placcmcnt for the terminals. Oae oCthe thinJ1$ tl>.at we don't wont 10 do is 10 llnca por:p show. And we don't w-.., to have them oot of lite 10 :hat people can sit and cruise 10 their bcart'sam&col. Mayor Bwns said"~ don't have Illa! now, Mr. Long said no , anJ we don't intend to. Mayor-.. said the last time we talked about this, in about • six mor.th period, we were discussing bow -illl:idolll you bad bad wbcse someone bad the su...,u,d UIIIICrial on the scn:en. Mr. Long said t1u<,c orfDsa~ would JC the a....,.. out of about~ hllllrlreJ u,cs per month. Ma,or Bums saiJ lbcn _ _.. IOI bavihg a llCa'I)' problem with this now. Mr. Long said wc arc not having~ heavy hit. Ms. Habcrtida ~ if they are able todtal with it Mr. Long i::lid we arc dealing with i~ butswfis fTUStnlltod o,• laving ID play policcmao, al!d this doesn't resolve us from bavins ID play policeman. Couucil Member Habenicht asked what the <X'SI would be, for example, if all the lr>ternct access for the Library wollid be with some group like UAL, which docs have a filtering system on it. Mr. Long said he did not undl:mand the question . Ms . Habenicht said she understands that people who subscribe 10 America Om uuc, that they provide a screening process io, anybody who goes on AOL. For example. if we limil<dia= only 10 AOL, then ii would already be screened. She asked what the cost would be for the City w,cio oomcthing like thaJ. M,. Long said he is not sure, and he is~ even sure thal would be a feasible n:amnmendation. and that he would have 10 discuss that with Information Services. America On Linc. wb.ic:& iii a ,'Cf)' popular service, is not rv.cessarily one of the most flexible web providers, he said. but be h» -looked at that "PhOD, Ms. Habewdlt said she is really concerned about this cost Counol Mi:nnbcr Clapp said she just stumbled across another article in one of the major newspapers, 1h.11 it is bcalmw.ig an increasing problem in the Denver libraries. Mr . LDng said yes, that is his undersiandimg. Sbe said she also undemands that it is at nirety-five percent because technrlogy simply isn '1 thett lfar one hundred pcrcelll clliciency. She asked if Mr. Long feels that ninety•fil"C percent of the time \\l! r:IDI _JUC''Clll pt.0;,lc irom accidentally stumbling onto web pages lhal would be offensive . Mr . Long said lb< tlunks we can do that if we choose lo go in that direction, but tliat would be part of the policy we haV< IWG dc\'elopcd yet Ms. Clapp asked if she, as a user, decided thal she wanled just certain web • sites. then, """'"'1 this ::ard CDable he, to get into just those web sites and rcally not have to worry about the • r<St. Mr. Lang responded :hat be really is not sure be can 305"u guile that way . The idea of the r.ard is that we wciuld be ablr. 10 block ccnain typcs of access, everything clsr. would then be open 10 the user . • • • flnaloWOOd City Council De<;o1111Jcr 21, 1998 Pose 11 Mr. Waggoner aid you have u, put ccnaln words or CCl1ain lites ia dlall ad if UIOlber site -on line. you don 't !<now about iL Mr-Lona uld, if we c:alCh i~ tbal 1'C ~ Wodt iL Mr. W1g011er uld you would have t~ redo 1111 the cardl. Mr. Lo"3 uld DO, all the~ taidel on t'ic sc,vcr 11111 the Guanllaoct site. They are COIIIWltly updaLina thiJ tbcmiclva. Our ~ acast would filter th.rough them , They would block according to what paramc1crs we would build ila lhc policy, he cxpwncd . If we build into thcR that there is DO blockins at all, they would let e>a)tllilllg go through . If WC said II~ want to block the majority of e-mail sites. they \\ould block only Ille CHNil siles. If we said we ,.-anted to block the majority of sexually explicit sites, they would block Ille majority of .v.xually explicit sila, he said . Ms. Habenicht wed if this means we are giving Guanlianct. if we go wUlt Ibis, the oontrol of the selection of what goes and docs not go in our libllll)'. Mr. Long said WC-JMIIS them the first shot at cutting out sites based on our paruncters, wbicb have yet to be ddined. Ooc of the things tllal I lried to build into the contract, he said, arc sites that arc innocent sites and w...id 8llt be blocked inappropriately, and if somcthiug were 8':Cidcntally blocked, a staff member could ulllJloct daat with a .;ouplc of Ire y strokes. Council Member Clapp said the point she was trying to malu: was that as a user, she can ddennine ~rctty muc~ what she wants to sec and what she doesn 't want to see. I am in the driver's scat, she said. and the City is not dictating to me, no one is really laying out that groundworl< C,u:q,I me, as the user, as the taq,aycr. Mr. Long said that is correct. Council Member Waggoner said you Clll do thal now, a person CJD dda:mine what they want 10 watch on the Internet. Mr. Long said that is true, technically you arc both ccma. Mr. Waggoner said )llll have library records DOW that have people's names and all the otbcrkindoCJlllfr, rigbt? Mr. Long said yes. Mr, Waggoner a.kcd if, with Guardian•~ you have to do this all OYtl' apiD.. Mr. Long said )U. this would be sitling in a dilferent database. Mr. Waggoner :;skcd wby tlialcaa't be iolcrfaccd so )-OU don't have to duplicate your existing records. Mr. Long said because DO( CVCl}-mE who has a library card uses the Internet. or visa ve rsa . Mr. Waggoner said so you just tum them k.wJsc.. Mr. Long s.'Ud he did not understand. Mr. W,ggoncr said you co ntro l the data thal goes i'l!O the Gaanlianct, right'/ Mr. Long said if someone wants full aa:ess, they woold still have to have a card, wbida ~ go into the card reader, which would be hooked up to every machine. Mr. Waggoner asktd wby 1111111 can't be interiaccd, so you don't have to duplicate all those records. Mr. Long responded that be .._....i. for more money, it could be. Right oow. it is a stand alone systtm . Mr. Waggooer said it seems u..c i, would be less m:>DC)'. Mr . Long said no, because it is residing on a different computer and a dilfcrmA database. Someone would have to interpret that database and rewrite it. Mr. Waggoner said be t.bougl, most of tbalstuff could be intertonnoctcd, o, downloaded, or whatever you call it Mr. Long said dial is beyond his technical c.'J)Crtisc whctl1cr that could be done or not Mr. Waggoner said, If somomc <ai d they were looking up a health issue on AIDS or contraception or pregnancy ... Mr. Long said,. .. tried to build in thal those s'.tcs would not be blocked. Mr. Waggoner said tha1·s right they won ·t be blocud. Mr . Long said,-.: tried to ensure that they won 't be blocked. Mr. Waggoner said, okay, so they aiuld still get to it through there, then . Mr. Loag ~-lid yes. Mr . W:iggoncr said on pa ge six, al th e top of tlle 11agc. it says Otis system SAa.lJ pcrfonn s.1 tisfac1o nly for a pcrit>d ofthiny clays ,vit~out failure under nonnal operation and intended t!SC. Tii.11 seems like 3n :mful short period of time for $108,000, he said . Can 't 1ha1 be increased to t1><> OE three years? Mr . Long rcsp:·ndcd that he docs not think you will find a compan;,· that is 5o illg to do thaL What we tried to huild in is a testing phase lo make sure that what they dclive , to us is what we ast for, in order for them to get paid. They have a lot of out-of-pocket expense, also, ep fron~ be added. fn1m developing tllC sySlem tn meet our needs , as well as the card stock, so they have a financial oommim,m~ also. I don 't think we &pwood Ci1y Clll1neil December 21 , 1999 iPaacl4 II l .,.ould find anyone who would be willing 10 exttnd tha1 beyond, maybe sixty days, bul probably 1101 'bcyolld. Mr. Waggoner said 10 the guaran1oe of their system Is only for thlny days . Mr. Lo<,g said lha1 Is die taling phue that we built In, 10 SIi)' that it worb. Mr. Wa9goner ulccd trthero Is >: gua,,11111:, for thdr J)'llCffl. a W2ff'ID!y. Y.r. Long said the ~ is Wl!Tlllied for failure (or twelve ;ll()'lths, ,11 the <l)'IIIOlll CO"lf 'flents. Mr. Waggoner said 1hcy can also terminate the conuact willtln lhirty do)'t. Mr. L.lngsaid yes. as can we . Mr. Waggoner asked ifthal doesn't pul the Cliy to a dlsadvanta;;t, 1f tiiey can come in and get lhdr S 108,000 and cancel willtin lltirty days. Mr. Long ~'lid he does 1101 beliC\'e, lhe way the cootracl I03ds. !hat lhey could cancel without deliverins somelhing 10 us. Mr. Waggoner read "lerminatlon C1f COlllr.lCI and remedy for breach, the contnlCt may, at any time, be 1erminated by eilher pany, upon nineiy days wriucn notice lo the other without cause. not however willtin Ute first nine1y days Iller this agreement commcna:s." So you could be done wilhin lhiny days, righ1? Mr. Long said after lhe system is ,nswled ""will teat it for lltirly days. Mr. Wasgoner said lhey can 't do 1ha1 witi'lin Ute first -ninety days, but after thJny days after thal , they could say ~-Ms. Clapp said 120 days. Mr. Long aid be would ave 10 defer to the Ci1y Attorney on whether that would be the case . City Anom<y Bl'0tmWI said then we are gou,g to give the syuem back, and we aro going to say we wanl our $108 ,000 back. Mayor Bums said that was his next question. aro we going 10 get Ute money baclc if !'icy taminated at tbat juncture. Mr. Brolzman said yes. Mr. Long said we aro going to make every ffll0Cl'C c:IJ'on to do 10. ~r Bums asked iflhat should be in the conlnct, then . Mr. Brotzman said we can clarify that, if Council would like . Mayor Bums said that should be clarified. Mr. BrolZman said be thinks lltal was the intent o(bo'.h parties. Mayor Bums said he reels w,: should be able 10 get our money back. Mr. Long said he would worlc willt Mr. Brotzman on thal Council Member Bradshaw said she thinks that makes sense. Council Member Waggoner said lltcro is a $4,300 commitment per year, just ror what ? Mr. Long said that is maintenaac:e. to make sun, the system performs the way we wan~ if there is a problem. llterc is a , trooblc dcslc number we can call . That is analogo.is willt what"~ do nowwillt our autom.,tcd cin:ulati c ., ~'Siem. we pay an annual maintenance for that, just as the Ci1y pays an annual mainlenance for using Windcm• 9S . That i5 very common . Mr. Waggoner said lltese people are ;us1 e:<perimental right now . Mr. Long said lltat is not Ute ""rd he w,ia1c1 use. Mr. Waggoner said uncenain . Mr. Long s:iid new. Ms . Habenicht said nnproved. Ms. Bradshaw said iDDOYative . Mr. Waggoner said then you have to pay for any upgrades that you want. Mr . Long said yes, that is fairly standard. It would be Ute same willt Ute automated cin:ulation system. if Amcrita:h came ou, with a new innovation. if1''C wanted ii. we would have to pay for it Mr. Waggoner said iflltey come up with a ninety-eight percent minimum guamntoe, and lltcy wanr $208,000, then you could pay $208.000 and go for tha~ then. Mr . Long said Ute ninety-five percent is lus number, Iha! he stuck in. Mr. Waaoner said if they do come up to ninety-eight percen~ which is better Utan ninety-five pen:enl >nd ;bey_,,, S2 00,000 for ti,e upgrade, and you w:1nt to go willt it...Mr. Long said irwc want to go "illt it. ,,. w,ialcl have to l"'Y more . u,uncii Memhsr Bradshaw asked irlltat couldn't happen \\illt any contr:Jct we enter into . Mayor Burns said ,nlh any ct mputcr. after you 'vc paid for ii, they don '1 give you the up gr.ides . Mr. Waggoner s.1id i i depends on t.t.: company, some upgrades arc gh·en . Mayor Bums said some of them arc, but thC'\' arc ralhcr minor. 11 seems to him . · Rc-gard.ing lhc i.ntctfacc bc1wccn the choice that the. user makes and the policy that the Library establish es, Mayor Bums asked how those rcl.:itc to each 01hcr . He asked if they are making a choice about how mu ch • exposure they ,.ant to this material, and lltrough Ute parents for Ute youlh . Director Long <aid we would • give the choice right otrllte bat. following the policy lltal he would"""' on willt the City Attorney and the Library Board to develop . Mayor Burns said Ute policy comes first and then )DU choose, depending on • • • l!nalcwood Cily C®ncu Dcccmber 21, 1999 Pngc 15 'I whal thc JJ!,F•;y ia. Mr. Laq said Y"', the poliq would be ia aloct bcfoR we..., put this into cft'cct. Al it ,!Wida ri~J now, hccontilluod, wcaJIIJd sivopeaf11e• .... ofanoa{twodunp. Either they could have !Wi lnlCnlCI ICCCSI, they could MW IICCCll to ... ii CIIIM ._ aalinc vcnion of the .lnlcmct Kleis aoc Family Ydlow Pqa, wlucb ii up 10 lbolll 5,000 llplCillc .,_ dill arc for qa fowtec:D and below. If par.·, •i r.!• ic this for their family, iflboy get Into u--. _, can't llllf out to another silC. ID other w, •e'ds. 1' '-7 .ire bl~ fr,m goiq any fanhcr. That ii .,.i al 'IIUI the S)'IICIII docs for us. If a parent soys i w~o, my kid to have full aa:as, be said, hued .. dio ...,..iers that we define by the policy, thr.n 1lull is the parent's right to do that, and we will abide by their......._ Council Member Wai:goncr said then we won't have any~ in the Libmy that just anybody can come in and use, you woold have to ha,e a Smart Card to ... dl<m. Mr. Lona said yes , if you wan, to gel to the Internet. and that is bcaimint :.:;hr Even witb ::.:•«:1 llikc word proccuon with Windows 98. you can hop oul to the wri>. Wha· ·"'. ,111.: : .•• \\ith our,,.,.,....,. database ttrminals. where we have CD ROMS. or we have web site ... ,,.,=,··' 1~:,ies. they h;c lints DOW to the IDICtDCI, and ii is veiy easy for someone 10 ao to one or those w .:..i 1 ...i bop out and ~ llrilalc\-c: they ~ II is our inient. he explained, to put a card • :ader c , My imDinal that can aa:ua 1111<: IDlanct, wbdbcr it is a wo, i processor. a rcfercna: databuc, whether it is• de facto lale,nct ramiaol, « wlwc\-cr. Mr. Wagoner said it be came in and wanted lo use a comp•ner, be wauld haw: to i..e a Smllt Card. Mr. Long said yes. and there would be no charge for thal Smart Cai.1. unless you io. ii,_._, we would charge you for rcplaocmcnL Mr. Waggoner asked if it wauld be one of dies cr,,_jcaJ cud inscn stations. forty.five degree . Mr. Long Kid that is his w:enL Mayor Burns asked if the Council -.Id liu to .,. dais pc,lioJ·....., it is adopu:d. Mr. Waggoner said he certainly would. Mayor Burns said he would liu to.,. it....._ Council Member Bradshaw said she duesn't know why we can'l lie lint .,ruc:timcs. This type of software is going to be i.e process, ii is never aoing to be lillitc, it is DCOU .-DC to be set, because there arc different people who can just tacit through sud[ My cooccn. * aid, is that our citiz.cns have asked for some .ypc of limits on what their cbildrcn havc acxas to in-lilnrics. Council Member Waggoner said he hasn't had a call about that at all. Ms. Bndsbaw raid * .tbiJ1ks that the research has been done. I.he company has come out. this is two and a halftimes less tllaa i!llO o:aJ<St company, and why not lly it. We have thirty days if it is 001 what we wanl We can also t.d ""'' ;_· • said maybe we could negotia1e a deal if 1hcy arc going 10 use us as a !rial . Council Member NabfltDlz said she doesn't think they arc using us as a !rial. Mr. Long said he tried 10 do that. Ms. Bradshaw said she ll ri nks it behooves us 10 go altead will , this at this lime . Mayor Bums said he wouldn •1 mind going altcad with i~ ,1<1iog tha1 he likes Ilic fac::1 lltal you can m.kr. yo ur own choice. He recognized th. it is somewhat danc-,c.,";JUS llmilDry. but it is something that is probably wonh trying . Council Member Habenicht said wc really don'! ha,-c any.,....... rigbt now. She said ,he thinks wh.11 a 101 of the people in the commWJ.ity arc cooccmtd about is mlkillc illR I.bat we don 't have problellU and trying to be p;,ventative. She said she ccnainly thinks that is tllc thing to do. She said she really believes 1he technology is developing and docs not think wc should be tllc ~pig.but should hold back a Jiulc bil, maybe develop tha1 pol icy and let the ttchnology dc\-clop a liilllc bit more. As we have seen in 11,c worl d of lcchnology , lhe prices go down . she said. an. sllc can ..a SCtC why wc should be paying high prixs for an aJbauoss. when. in a year. maybe we \Lill have SDIDICthing that ·we can tap into at mu ch less 1.:ost. She said we arc not that size uflib r.uy lo be that guinea pgad she felt tl1c money could be ~pc nl better for our co mmunity . Bnglcwood Cily Council December 21, 1998 l'ilse 16 1, 'I. Counctl M :ac,.;, <'.'lapp said, in tenns of money, and how you would lflC1ld It, she said she 'toally does not MIDI ID J"l' hbronMI In lhc roll oflooking over lllouldert, and they have ,q,caledly said that they do not w.ant to do 11-.at. Thi , allo\\'S lhcm lhc 11-ecdom that they need In •ht iibrary not lo have to do lhaL Thl, allows p,ro,l11 the lt~m to choole those boundaries. Pollciel can be ldopted and changed In the f\nun, 10 11111 the :nr1110wti1y. Ml. Clapp opined that we would really be mlllln& the &at and U11t we can be lraders, a,,,,~ , ho\-, been leodcn In the plll, That is like uylng that Cinderella Cl1y is a guinea pif. She said she ~ ·, il<lleve thaL It sboM clear leaderr.lup, and a clear diRctlon in which"~ choose to go. Council Member Waggoner asud how many problans the Library has had within the last lhnoe months. Mr. Lon& said Ibey are averaging lhnoe or four problems a month . He said he would deftnc problems as people looting • sexually explicit welJ sites . We have only hd two cues In which we hl\'C had 10 tell somoone tbea privileges are gone, he S.1id . Mr. Waggoner said lhnoe or four a month out or how many usert? Mr. Loq said about 1,300 uses per monlll . Mr. Wafi."oner asked what five percent or 1,300 is. He asked lfil is about six and a half. Mr. Long said nround lha1. Mr. Waggoner said so you are under five pera,nl now. Mr. Long said yes, we are usually under flvc percent. Mr. Wagg01,er said so ninety-five percent Is not going lo do you much good. Mr. Lo ,g said Iha! would depend on how yau look a! It. Council Me01bcr Clapp said slk respectfully callcJ for the question . Vole rc111lu: Ayes: tfays : The motion carried . Council Membert Nabholz, Gam:tt, Bradshaw, Clapp, Bums C0110cil Member, Habenicht . Waggoner (ii) Director Grygclwicz presented a recommendation from the Dcpanmeo1 or Financial Services 10 adopt a resolution approving supplcmc,llal appropriation.< 10 the 1998 budget . He ,aid this is ay,ar end supplemental appropriation for a number of the dlfl"cr,,nl City funds . •lie O.ncral Fund, the Capital Projects Fund, the Se\vcr Fund, the Central Services Fuod and the Capilal Equipment Replacement Fund. A number of these are just tinting is.lies, he explained, and otller, arc expenditures that \\T,n, not known al the beginning of the year. This includes the Smart Card. he added . The r,"!SOlution was assigned a number and read :,Y title : RESOLlITION 1-,0. 106. SERIES OF 1998 A RESOLtmON FOR A SUPPLEMENT AL APPROPRIATION FJR TI-IE 1998 BUDGET OF TI-IE CITY OF ENGLEWOOD, COLORADO . COUNCIL M.EMBt:R BRADSHAW MOVEII, AND IT WAS SECONDED, TO APPROVE AGENDA ITlM 11 (<) (Q -RESOLUTION NO. 106 , SF.!UES OP 1998 COUNCIL MEMBER WAGGONER MOVED , AND IT WAS SECONDED . TO A\fEND IBE RESOLUTION BY REMOVING THE S109,000 ALOTIED FOR TH[ LIBRARY SMART CARD INTERNET ACCESS CONTROL SYSTEM. Ayes : Coun r il Members Habenicht , Waggon er Nays : Council Mem be r, Nabholz. Garr,,11 , Bradshaw , Clapp, Bums The motion failed Vote rcsults oa DJtioa to approve Rcsolution No. 106, Series of 1998 : • • • • • Bn,it,loodCl!yCaaac:il Dooembcr 21, 1991 Paac 17 "' A)CS: <;....,;i ....... Nlbbolz. Gamu, Bnldsbaw, llabcoicb~ Clapp. ... c....:a...-rwaggo-Nays : The motion corried. (Iii) Direcu,r I!-. ...,..i a R>COmmlOldadoo ft-om the Dcpanmelil of Human Resoun:cs to adopt a 1UO!uUon appnmas lk ~ Pirdlplln Conlract for 1999/2000. She r<minded Council that Martin Semple ..,.. diem about one ~ ago rqanling the thtn c:uncnt status oflhc firdiptm' contracl and, siDcc ... time. the lirdlplen have ratified the conllllct. Stafris n:qucsting 1h11 evening that Council a..,_ Gie a>llcctivo barplDina agr<emont botwoon tho firdlghtors and tho City, she said The rcsoluUon was assigned a number aad n:a4 by litlo: RESOLIJTION NO. 107, SERIES OF 1991 A RESOLUTION AtmlORIZING THE CtUECTIVE BARGAINING CONTRACT BETWEEN 1llE ENGLEWOOD FIREFIGHTERS LOCAL NO. 1736 AND THE CITY OF ENGLEWOOD FOR THE YEARS 1999 AND 2000 . COUNCll. MEMBER BRADSHAW IIO¥D, AJ(I) fr WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) 011)-RESOLU'IIOII 1'10. 107, SEIUES OF 1991. Mayor Bums said it seems this has all tk dillorall ports and ingndionts in it that we discussed the last time and he did not sec any surplises iD llac:. Vote resulll: Ayes : CouaciflUombczs Nabholz, Gan-ct, Bradshaw, Habcnich, W~Oapp.Bums NaJ>: Nono The motion carried. (iv) City Manag,or Seas p,aa,led a rtt0mmondation to adopt a resolution authorizing lhc City Attorney to nogotialo br die purcbaso of property and, if unsuccossful, proceed with condemnation . He said the resolution mps15 mppx1 oft.he Slaff to enter into negotiations in acquisition for property that has b<en identified in Eagla,l,od's 1979 Comprd:ensivc Plan and the 1997 City of Englewood Ra:reatiooal Demanc! and Fa:iliioics Analysis as a liltwo property for open space linking C.cntcnnial Park and South Plaltc Ri<U Gt=a-ay. He noted for the rtt0n! that he and several Council Members, along with Community C~ Graam. have allCDded many of Sheridan ·s Planning Commission meetings to discuss a propmd msb tamfcr swioo at this site. We believe Iba, at this point in time. wear< DOI cenain lhc dir<dDI 11ba the City of Sheridan will go. They ar< currently n:vicwing the analysis of the information dial! bas been presented to them by the proponcn ~ and they will be making a determioatioo in the next cmpu: rlnd<s in terms r:I r.commendation to their City Ccuncil for consideration in January . It is not in a fmaJ sz:aae at this point. he said, but we believe that the timing mny be the best to proceed in 1cm1S of a lease .negociation on tho completion of appraisal to begin the proposal to acquit< the property. Mr. S-S s&o,.-cd a map that w:,s put together by the Porks and Rccrc.11ion Department that showed "ba:::rc tk j)l'tllpCny is loc:ucd aJong Union Avenue. It is adjacent 10 1!1c Centennial Lake . he said. and also a:'pac:ml to the Plallc R.i\-cr. He pointed out the parcel that we arc propos 'ng to acquire . The City has alr2f! au;r,,m to proa,d in the acquisition. he said, of a property directly adjaetn'. '.ll 1 'r:ion. which is the Puf:ffit Scni cc Company We arc in discussions right now for the acquisition o(that propcny, he said. ~•. he Wd. for the record , he would like to note that there was 6nglawood Clly Council ~mber21, 1998 Page 18 1 letter, which he pu.<ed out ID City Council this evenin&, and to lbc news mecli1 ~nm Denver WIile Transfer, LLC by the proponent of this site, Ted Zigan. Since he wu made AWII\. ·::'the City'& dclir: lo proceed with aaiuisition of the site, he fonwdcd this lcner ID the City Council this evenin g. S,. <n' people an: in the audience, he said . Mark Gmham has been lcadin3 the staff e«r,,rt ,o pn,vtr.ie Jnf,'fflllliaa to the Sheridan City lilalf and IO their planning colMlisslon reganlina the reasons for our "l'J<fflL •••· the oonccrns that the City 1w about the property . Dave Lee is also here, he Aicl, f,o m th, P:uks Md Recreation Dcpartmcn~ and oouid answcr any questions about the parb . Ricl .:i h1\ •.r.•~. our Engineering Dcparuncnt. bas also been taking a look at the tlllffic study, he 1.:,,,.... W , 111>1 ,·t<ei,'td the trnflic study last Wednesday night and wc have not had an opponunity ID m !cw it. Mr . :;can nocal that stn«r met earlier this afternoon and the City did a traffic study by anOlhcr tralfic engineer, Amie UIICYig, which wc think is much more a,mp1<hcnsive, was finished in June. n,;, traffic study wu done by Lcigb. Scott, and Cleary, Incorporated and"~ feel there are a number of oonfiicu with the traffic study tbll wt a,mplctcd, which was a much more comprehensive nature than the one that was c<>mpleted by Mr. z;.-. We don't know whether wc will have the opportunity to address somo of thooc a>ncctr.s. Mr. Scan said that in the audience, also , arc some 1<pn:scntativcs from the Sheridan planning staff, Will Birchlidd 11111 Randy Young . He said he docs not want lo pul them on the ,po~ they are 1<prucnting the City ol SheridaJ~ and "~re hen: on a prior matter. He said he would be baFf,y ID answer questions after City Allomcy BrolZman added his commcnlS. City Allomcy Brotzman said one of the issues tliat has a,mc up, II)(! tbcle uai:, !Jcc,I discussion as to whether it is appropriate for us to negotiate for, and, if n~, • ,rually use the pQwet of cmi- domain on a park property outside the City. The City of Englewood docs, as a bomb rule municipality, have the power IO do this, he Aid, and the ordinance sets forth requirements to do tlw. Council Member Waggoner said he tltinl<s Mr. Zigan has it all wrong. At the t· · :om of the page it says "to the extent !hat the City ofEngl•;wood is merely acting to support Waste IV :,•:cmcnt's monopoly, or acting in conjunction with Waste Managcmcnl, your conduct i!l anti-compclill ·· ..nd grounds for a la,11.'SWI on antitrust violations." Mr. Waggoner said Mr. Zigan needs to know thal that property has always been. ever since tl1 c pun:hasc of the park proJ>< ly over there. has always been on the Comprehensive Plan for the Parks and Recreation Department for obtaining that land lo extend the park over to the Plane Rh-a. Council Member Bradshaw said that was origioaHy the Kcwit property, and. years ago when she was on the Parks and Recreation Commission. thal was a dream that Packy Romans had. of extending that en~ so we could tic in the pa;lt with the bike !rail and people could have immcdialc access to the park olT the bike trail . So this is not a new rssuc at all, she asserted . Mr . Zigan is a veiy difficuh person lo re:><!. she said. She said her concern is that Sheridan is in an untenable position and she thinks we occd to go forward wilh land negotiations , adding that it is pro-a ctive on our part. She said she really l<SpCCts the staff at Sheridan. They did an exccllcn 1 job tl1roughoul the Planning and Zoning hearings, Mr. Bircbfidd in particular, interpreting all the diffcrcnl municipal codes that Sheridan has, and how this property do<s or docs 1101 fit within !hose codes . Mr. Birchfield should be comm ended on a very thorough job. she said Ms . Bradsl a1w said her a,nccm is. she SC "'CS on the Soulh Suburl>an Park Foundalion also, and this strclch of the bike trail is probably the most unsightly . Sh e said she docs not think pulling tennis~ up around a waste transfer station is going to make it any more becoming. She said she would much r.llhcr sec that open space. and if it takes us buyi ng the land, then so be it. Co uncil Member Nabholz said st::: agrees with Cou ncil Member Bradshaw thal we need to mo\·c fOl'l\olld on ncgotia1ions for purchasin g th is land, if possi ble . Also, as a prGtcc tivc measure. that has been ooc of Council Me mber Bradshaw 's points, is open space , and this is a turning point, not only for the Shc.nd::l.11 • residents to their benefit. bul also to our Englewood residents . She sai d she thinl<s it is something"~ a,,od • to be protective of and take care of. • • • En,11111><, Ciry C...:il D«..lmbcr 2:. I~ Pa,:o 19 I• 1'! ,t Council Member D,...._aid wo were accmcd of DOI bciq vi1illlll. ar far as Waste Manqcmcnt socs. and I think,.., • ...,. ..... ufaras wbal thcir IICllvilicllmand h,111.hey llldintain thcirpropct1y . She Did. if we an: ...... ,ipar. ■ha woald lilo: to -111 pier tlw •Pa lot The resolution -_.....aaambcr and read by title : RESOLUTION NO . IOI , Sl!alES OF 1998 A RESOLUTION AIJTHllUZINCl THE PUROIASE OR CONDEMNA'ITON OF A PARCEL OF LAND 11 11111N TIii! CITY Of SIERIDAN, COLORADO, WHICH WILi. PROVIDE IMPROVED ~ ,CREATI NAL FACIUlll!S lOTHECITYOf'ENGLEWOOD, COLORADO . (d!J;'.CIL MDOIU BMENICBT MOVED, AND IT WAS SECONDED, TO APPROVE ,.Gl:NDA ITl:M 11 (c) 0-, -IUSOLIJTION NO. IOI, SEl.ll:S OJI 1!191'. Mayor Burns said he bas ....,. the ldtcrs and all the data information we have gonen on tltls project, nnd he joins with the Olbcrs • c-:il in llllin& bow inappropriate !hi, U1C is. He said he 1185 also advised of what an cxcdlcat job ,w,Mll • Sheridan bas done in ouUiaiag the cona:ms, and the environmcn1al cocccrns and ,a ~ • llil *· He said be hall not been to tbclC .-lap himself because. in bis capocity u Mayor, ii..,. .. ~ .._, be ba been cloocly watchin11bem throush the eyes of the Oilier Council Members ad p)iag over their rcpons. He aid ha •sn= that we lhould initiate negotiations on this si1e. He aid be would like to say he rhlw we should l'll'SU•, or continue to pursue, our rdationship willa ~ bccaulo, earlier this~ we paaod one c.f our olbcr malllRI, which is an e.ucllcnt inle.JIM I rgrcement with tbe Cily o/ Sheridan. We have SUWo"od them for many year,. the Tri-Cilia ~on. He said he bas aumdcd on many occasions in the post. especiall y with n:gard to the ligbt milL ;ad ii bas been YCty IIICCCSINI and very cordial with the City of Sheridan. This is oot an anli-Sllaida-. hctc, we jllll feel this is a n:ally inappropriate use. and since It bas bccn. tn our 'oag ruge pt,---c far ,a long, our Comprebensivc Plan, be soid his position, u Mayor, is th,,t it is ccnainiy app«.'!Jl* IO initial< these negotiations. also. Cow.'Cil Member Habcaidll addod thal &he thinks this will be an cnhanocmont of the Centennial Parle. which is an amenity en;.,al l!J bolll the citizens of Englewood aad tho citizens of Sheridan . II is just one mon: opponunity for us to ....ti: together, she said. and share to make the quality of life for all of our citizens better and strong,:,. She said she wholeheartedly suppons this n:soiution and the worlc that has been done by Council ~ ~:abhoiz and Bradshaw, sining througll a number of mcctin15 and trying to do their bc&t to make ,.~~ everything goes well for our community . Vote results: Ayes : Nays : The motion carried. Cow1cil Members Nabholz. Garrett, Bradshaw, P.abc nich1 . Waggoner, Bums Council Member Clapp (v) ~ng Manager Kahm presented a recommendation fr om the Dcpartmcni of Public Works to appro,-. b'.' motion a co ntract for Big Dry Creek Channel Improvements adjacent to the Englewood Commercial IDdustriaJ Center. He advisca that the low bidder on this project was A.G.E., incorporated. in the -Q{$98,996 . He stated that they had a competitive bid and there were eight biddm. This bid is about.,. .. pcn:cnt below the enginee r's estimate, he said . Mr. Kahm ndviscd th at staff approached Council aa Stady Session in August of 1998. and asked for din:ction as to how to proceed , and wen: giveo ...,.i piddincs to proceed with this project. This ~ropcny was dev<iopcd by Mr Cameron in 199 1 and adudoJ in a special improvement district . The City Council participated with BnaJcwood Chy Council Occcmbcr 21, 1998 Pngc 20 him Al lhal time. Al IJ111 n;,,,, in time, the proporl)' WII a,u.l.v sl to bo M .... < ...... ,er Oood ~lain for Big Dry CNdc. Lau,· lh• Cily ofBnaJ....aod pa,tlcipN : ;,till A,apolloe Collllf ad .. Clry or Llltlelon and Urban Dnilnago Dilltrict in• new audy otB,g r,,;-t........_ 'l1lll _,.,.....,i the hundred ycnr flood plain and caused " k ~ .. r 1h11 property IO be bock in lhc hundred )Uf ...,. plai,, and diminished in value. Thi r \l3Rlcular projec1 would dn Sl)MC ~ a.....S, ad riprapplng would cause this property to oi, ,in be oul oftbc hundn.l. -ca, flood pl■ill, thus. -..cing its value and cncou :i:1 11•'lb the owner, Mr. Ca memn. to p:,1 otrthc rerra1 .·!ng 3.SIC5IIDCDtS 011 lliep,npeny. Cwn...' '•,icmber Bradshaw asked aboul lhc di,c,q,ancy in lhc bids. c......i ....... Wagoner said th:ll .::oncn:lc Worb ofCololldo r.ro:.bly had a loc ofworlt 1ha1 lhcy were doiq alllida·1 care whether lhcy ,101 lhc bid or not. Mr. Kalua • .i,' i, al■o depends on wlult tllC)' an: oidding OIL Mr . K..bm said that A.G.l!., IDCOrporaled hid & projcc:t wi1h us 11111 ,a,, ~-•-.ir lhal pol lhe stonn drainage improvemtnts ln on Soolh Clay Street, ■djaceat ID lllo.,.. ,_,.,..., hive .,me n:cenl cxpericnce "ilh 1h11 company and Ibey did a Coe job. Council Member Habenic:hl uked Mr. Kalua IO n:ftah her memory . Wka • --lhiJ al Study Session, did WC 1lllt about how lhls would lmpacl even ■a:ea 10 Santi fc fna U.0.. is dial lho piece of property Ml arc lalkiog about hen:? Mr. Kahm aid no, 11111 prop,ny, dlis .-:ial _., ts on the woat llicle of Sula Fe and ii.a only public access i, a right-in, rigbt--oll'afS-Fac. 'I1lerc ts a priwlc drive tbol &°"" back to Wyandot, and !hen back up 10 Union, he aid. Mr. Wagoner asked if lhc bike pall, runs along lhc mulh side of Ille mdt ...._ • doo awdl side. Mr. Kahm said our belief is Iha~ in lhc long run, lhc bike path will be on U.C ~ lillt, • do: IDUtb side, • SO this docs l10I affect lhal The reason WC fell ii was lmpo111111 ID go lbcwanl """'tllis pooject, he aid, is bausc ii enhances its value and causes additional development in l!np..-ood. We 11111 bow Iha~ on :he Liltlcton side when: lhc bike path will be, Li1tlelon prefers lhat ID ---., ,.,. don 'I sec gelling participation wilh them and Urban Drainage Dillrict for cbamlcl ~ m tbeir side al any lime in the future . Mr. W1g1;0ncr asked if Urban Drainage Disuict won't panicipaie. cilhcr. Mr.~ said typically, if"~ would approach lhcm. they ,..,,.~d participalc up 10 fifty pcn:cnt "itb locals -,.,;,,g, bolt 1h11 is probabl y several years down the road. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SJ:CONDU. TO AW ARD A CONSTRUCTION CONTRACT IN mE AMOUNT or S98"'6 TO A.G.L.. INCORPORATED FOR THE CONSTRUCTION 0" BIG DRY CREEK CHANNEL IMPROVDll'.l\"TS AT ECIC. Ayes : Council Members Nabholz. Clamll Br.ldslsn. Habenicht Waggoner. Clapp, Bums Nays : None The mot.ion carried . 12. General DiKussion (a) Moyors Choi ce (i) Mayor Bums advised lhal he participalcd somcwba bndly in !he Cluisimas Crusade for Childn:n. which Safely Services again participaled in heavily on _-oftbe Cily and local needy families nn Friday. This is really guile a program. hr' ~d, ii is lhroupaat die calirc metro arc.,. Nancy Peterson. who is very much involved in this, dcscnoed earlier in tbe day-where all c:lthc various • • • • ~ City Couacil ~11, 1998 l'IF ?I ...... .,_DIS ill Ille~· p,uticipel4 ill this urivod &i Dip, in Thomlon, and apenl lWCnly~ighl ....... dolJan Oil IOyl for kids ill about 811 buur. They all bad chill on oxaclly Whal IO Fl, be said, nnd it --.ag 10 sec bow Ibey organize all of 1h11. They will hlYo I cbil for • olnc year old girl, for _._ .. ,a. for n,~nty gills. and U.7 :.st go in lhcrc and stan piling lhings into can., and ii kind of startled aw u ;t CIIIIOmcn ill Ibo pla0o. They had all klDda of police can wilb lbcir lighls going in I cavalcade , .,. 11 ii iaUy quite a 1~jocl. be ■aid, and Ibey are very proud of wbal they do. or courao, be aid, wilts aD die Sama cops Crom tte police depanment and all lhoso folks participating. it's really qttile a program . lka,agranilaltd tlkem fr,r their oll'DIU in lbal a,ea. (ii) Mayor Burns wished Council Member Clapp all the best in her tenure at lhe s-Capirol. He sruo it has bnen a pleasure to work with her. (tii) He wished everyone the best of the holidays. (b) Council Member's Choice (i) Council Member Nabholz: I. Sbc wished Qiwicil Mama Clapp lh. best. 2. SIie wilhed Ille citizeos aCEa......,.i a bappy holiday season as well u btr fellow Council Mi:akrsudpeem. 3. She~ Ille SU.CC Dcpenmcal. Thcy .....n, OU1 early, around lhc clock, and she aid sJ,c: Im ,01 bad a single oomplainL She said she usually gell some complaints lhat somebody 's driveway " """"'! ,,-Jt <'lOYI or some inlcna:lion ii not l8Ddod. She said me would like IO take her hat off 10 lhaa,. ~ have ""rited around lbe cl JClt and dooe an cxcdlent job. (ii) Council Member Garrell : I. He oomptimcoll:d lhe citizens of lhc Fourth District on lheir cffons on lhc Cenlennial Park ~on situation, because Ibey have done a lot oflhc leg work to help the Council to undcrsland the issocs, and lhc SIJlff. 2. On Union Avenue. he said. ~'C still, every once in awhile, have a truck going westbound on that side. He asked wbelher ,.,. have a grnduated fine schedule for repeal offenders , because be understands ~ are rq,eal offenders lhat we =· Mu:mcipal Cowl Judge Atencio, sitting in the audience, responded . He said the simple answer would be daa., iD all of our offenses, it is a gradua1cd tine schedule, ac:cording to the points, so it i.s a set fin e for the filSI a&mc. it illcreasc:s by fifty pcl'llClll lhc second offense, doubles for the tttird offense. so there is a gradmled sale. Mr. Alencio said we have one of the highest fine schedules around. so it goc.s up pretty rapidly. Mr. Garren asked if Lbcrc arc points for driving u truck in a no truck zooc . Mr . Atencio said he has not bad a single ticket come into court for that offense. These may be traffic infractions, which m ins rhcv a,,: handled as violation code tickess. so people sim ply wallt up to the counter and pay those fin es · .ICOlR!ing to a SCI fine schedule . Tiiat means when Ibey do Iha! as a violation code offense, there is no rcduaion in fine offered to them . People come into court. and they may feel they h.we a ccnain cucwnsw,ce, for example. with lhis truck lhing, maybe ii is somebody who drove in frnm Nonh Dak ota , and md tle\'Cr been in the City before . Thal would be a first offense , and I mi ght give tt,em a break . he EnKlcwood Ci1y Council December 21 , 1998 Pnso 22 !Ilic!. All ·· ;~~.., .. • .hJa~thal lamawa,cofdmt,_,.padt!oogh lheVlolatl-llil/c..n,, M said, rue dcall .. , .. ,, _., ""'1l!ler. The ftr11 is a SCI.,.._,•--' is a ftJly pc,ccnt ,ncnac, then doubled, and lh< ' • . , ~o UV l'-1lor 1h41 at an ....,. hipor .-. Mr. ClarTett sald he llniUld like ,u r.e the gndualOd ......,.,,. Ok: no truck woe. Mr. Atencio said he docs not now wt.al the point asscmnetlt i, OIi dtll clmJo: City~ Bl'OWIWI said that has to be n violation of a traffic contml device, so he t'clt dial woald lie a i,ar poi,,• Iida:!. After chcdcing, Mr. Atencio advised 1ha1 the lint offense would be s.ixty clolJan. aincty dol an ro, the second, one hundffil and twenty. a hundred and fifty , lwo fafty , !hr= fafty, four !idly. m-c lil ,y. AM they get four points each Ume. Mr. GarTCII said it seems like , with prelly strict enfora:mem for a period of time, a message ""uld be sent. (iii) Council Member Bradshaw: I. She wished evcl)·one happy holidays . 2. She said she spoke with Neighborhood and BIISUIIS 0.,-.Jopment Director Simpson on Friday and the open space zoning is going to Planning and Zollingill Ia.my. He woold like to lind a lime 10 brief Council about it. she said . Ms. Bradshaw said she kDoa-s the board and commission interviews arc on the 25\ but she thought Council could spend fiftoca..,.... Wore we stan to go O\'CI' the ordinance . She asked if anyone had a problem with that, because me waild like to know what is going on with that. She s.1id if we had that in place, it would have been an easier issue to deal with if we had our parl<s all mned open space, particularly Centamial Part. and we_,..._,,, lhat way, anyway. Mayor Bums said, as far as the Board and Commillion --. be said be thought we said we wo,~d sec how many applicants "" had, and then make a deciaioa as to """ we wanted to inlelvicw them, and thal is still our policy on thal particular evening. Ms . Bradshaw s.'.lid right. bul she 1hough1 that. while we""""' ba-ing a sandwich or something, he could come in anrl talk to us about that , if lhat is okay . Ma)'Of a.ms said sure . Ms . Bradshaw said he had said he couldn't gel on until towards the end offcbruary, and --to know before then . 3. She said thank you for the suppon on the Ccnt.cruuml Park issue . 4. She th.'Ulked stall', commenting tha1 they have done a """50me job this year. (iv) Council Member Clapp : 1. :)he said she just wanred to explain her no ,-otc. r11 is not that she docs nol suppon what Council is doing, she said, opining that they are headed in the righ( <iiiJ'Cction. She said she is just not ccnain tha1 "" are al condemnation yet. That is the piece that she ~ ,.ith_ she said . 2. She thanked Council for their suppon in regards [D lhe Internet services . She said she feels we arc hc.1dcd in the right direction toward a family friendl y library. and we need to keep that tn the forefront. 3. Sht> wished cvcry·onc a happy holiday. adding that s lm been a pleasure to serve with Council. (v) Council Member Waggoner. • • • • • ~ City (),w,cjl 1>:cembcr21,1!19B Page 23 I. He brought forward a n:solution specifying aid 10 other agoncics. ·Ilk: n:solution wu lllignod a ownbcr and read by ti~c: s ·:~OLt./110'1 NO . 109, SERIES OF 1998 II I A RESOLIJTlON SPECIFYING AID TO OTIIBR AGENCIES FOR 1999 BY 11ffi CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 109, SERIES or 1'98. Ayes : Cowicll Mcmbcn Kabholz, Garrctt, Bradshaw, Habcrtich~ Wqgoocr. Clapp, Burns Nays: Nooe The motion carried. 2. He l'ishcd everyone happy holidays in Hawa iian . (,i) Council Member Habe nich t: I. She commented on the Cindcrclla City dcmotition . She said she rec:illed that Co uncil had talked about tryi ng 10 have pieces of stulrthat would be available 10 collectors. She asked if we arc working on thaL City Manager Scars said that is a good question and we haven 't n:ally talked about it at staff level. He asked Enginccrilli Manager Kalun to address that . Mr. Kahm said he thought ii was Council Member Bradshaw that earl ier brought up the brick issue . He said they have set a bunch of bricks aside over there . We have actuall, been dealing with indi vi duals as lhcy ca ll us on bricks. He said he did not wa.,t 10 go to a lot of expense of cleaning bricks up , not knowing what the demand would be. Ms. Habenjcht asked ifthcrc is someway that we could let people know that might be available to them. Ciry Manager Scars said we can put something in the next Citizen that goes out regarding that Mr. Kalun agreed that would be the most effective way to deal with that 2. She said it is always a pleasure to sec the holiday lighti ng contest. She recalled when that started a number of years ago, it was the idea of either the assiSlallt or the chair of the Parks and Rccrcalioo Commission. Steve Neyer, who came to Council and asked if we could do thi s, and it has turned into quite a wonderful tradition . She thanked the Clean, Green and Proud Co nurussioo for all the work they have done to make it such 311 c:<citing pan of our co mmuni ty. 3. She thanked staff for the wonderful follow through on lookin g at the traffi c on Oxfo rd . TI1 c cross tr:lffic situation that the neighb<>r.; have commented on and how diffi cult ii is fo r them 10 cross Oxford. She sa id she is glad that we arc lookin g in to that for those peo ple . ~-She thanked Council Member Clapp for servi ng on Cou nci l. a nd said it has been a pleasure working with her over the yean. She sa.i d there have been a number of times that we have agreed a nd ;, nu mber of ti mes tliat they have disagreed. bul ii has alwa ys bee n in good spirilS . She wi shed Ms. Cla pp well. 13 Cily Manager'! Report llnKlcwood Chy Courcil o«e,nber 21 , 1998 l'nKc 24 (a) Cily MonaF Se= said u ba1beoa a llec:k of• ya;,. Council and llall' ,:an be ccmrlimcn11.-d r,, a Jot or the work Iha! hu goae 011 --..., made a IOI al progress tllruughout 1he year ari(. we ha.-.. , lot or o::aJJen ... next year, e,pecialJy fllciac Ciaden:Ua Chy. l'rom when: we wen: I year aco, he ~~ it , outstanding. and it is due to ~s elbt hero, and this is n:a:Jy ID incn:dJbly ltanl worldr.0 ::taJl'. fie said he would be happy to --, qacstions, but there is really no update . The mcctin25 arc jusr continuing and we an: looking for tkead of January to ha\'O the conttaCIS a-me back to Counc1! We M< working through each orthos<, issues. lie aid. (b) Mr. Sears said the c:itm:m ablg Union. Mary c,;;;al and the group , h8ve been a :1t /igh110 work with . They have been monitoring this i-. -.t they hlM· been worr.ing very closely with the stall'. 11 has been a J1a1 bond between CaUldl. Ibo Sllll'and the r ,=lldh'OS of that community, they :iavc r<ally helped, he said. We ba\·e been ....tdDg with them . ,..J hm, n:lial heavily upon them 10 help us in 1cnns or pushing this issue to erua.mao -wllole sn:a up there. Council Member ~cbt said. ia Ille spiril mhcr family tradition and her own belier, she wished everyone a very Merry am-• :a~ new year. Council Member Clapp said slle ...... ..,. '"UY impon.nr thing. She said City Attorney Brotzman is such a gcndeman, and is alW3ys., ._.. <Mr there, but I • -~, warted~ Lard on the Internet . She said • ii has been a pleasure working -..._ Council Member Nabholz said it was -.andaful to sec a Jetter from one af our con.stitucnl!; complimenting our C 1 •• ,i.•nagcr. She said he is a blessing ID this City an d a breath of frc5h air, and it was very nice 10 sec that our citizens realize that. too. Ma yo r Burns said. as yo u go to the N:l!ioaal League or Cities ronfcrencc. and plaL-.s like 1ha1. the people from Colo.ado go out of their "''3Y ~ camphmcnt our City Manager and complim ent as fo r engaging him . Mr . Scars said be is lucky to be bero :111111 lucty to work with them . 14. City Attorney's Rq,ort City Auomcy Brotzman wished .. ..,,._ b:aw)· holidays . 15 . Adjournmeal MAYOR BURNS MOVED TO AllJOIJR.', n,c meeting adjourned at 9:4l' p.m. •