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HomeMy WebLinkAbout1999-07-19 (Regular) Meeting Minutes• • • . I• I I ul ENGLEWOOD l:ITY COUNCll. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO , ll ReauJuSwioa July 19, 1999 I. CallloOnkr The regular mceliDg of lhc Englewood City Council was called to order by Mayor Burm at 7:34 p.nt 2. lavocalioa The invocotion was given by Council Member Nabholz. She asked that rveryonc bow their head:. in remcmloncc ol John F. Kennedy, Jr., his wife Carolyn Bcsscttc KCll!lcd: •, and her sister Lauren Bessette . 3. PledF, al Al~• The Pledge of Allegiance was led by Mayor Bums. 4. Roll Call Present: Absent: A quorum was p,es,a,L Also present: 5. Minuta Council Member> Nabholz. Grazulis, Garret~ Bradshaw, HalJenichL Waggoner, Bums Nor.e City Manager Sears City Attorney Brotzman Dcp,Jty City Cleric Castle Administration Division Chief Moore, Safety Services Director Black, Parks and R<creatioo Engineering Manager/Capital Projects Manager Ka1un, Public Works Director Eaton, Hwnan Resow-ccs (a) COUNC,._ MEMBER BRADSHAW MOVED,AND IT WAS SECONDED, TO APPROVE TB£ MINUTES OF mE REGULAR MEETING OF JULY 6, 1999. Ayes: Nay s: The motion carried. 6. Scbedaled Vltitors Council Members Nabholz. narrett, Bradshaw. Habenich~ Waggoner Grarul is, Bums None (a) Fire Division Chief Kieth Lockwood was present to recognize the efforts of Lieutenant KCDI Davies. Lleula!anl Mike Pattarozzi , and Banalion Chief Kraig Stovall for lhcir special programming efforts. Mr. Loclcwood said lhal the glorious things tlicy do, when they are saving lives and fighting fires. they get a lot ol lcudos for that, but lhcte are • 101 of things they do behmd the scenes lhal they probably bave DOI done a very good job of making people aware of. He said he woold like to recognize some people who really are just out there worlcing hard and making a diffcrena:. Englewood City Council July 19, 1999 Page 2 Mr. Lockwood advised that. about five or six ycors ago, we 8')t involved with the Arapahoe Douglu Area Vocational School progmm. and they had come 10 us about putting together a program for doin1 an internship with Ute students . This is for a large area. he advised. we draw Sludcnts from all over the south end, not just the City of Englewood. but beyond those boundruics. Kraig Stovall. who is a Battalion Chief with our orgnnizlllion. is the individuol who spearhcoded that eO'on. he stiled. 10 design a curriculum that would take them beyond just being a S1udcn1 who got credit for com it'll 10 the fire house and meeting the firefighters. He really saw ii a.s an opponunity 10 bring these kids in and leach them something. make them better Sludcnts. and maybe someday even make them good applicants for the job. Mr. Lockwood said thal recently, Mr. Stovall attended a gn,duation of those students and. unbeknownst to us. we were presented an outstanding service award II was presented 10 Englewood Firc for meritorious service to the Arnpahoc Douglas Arca Vocational School Med Prep Program. he advised . By and large, Mr. Stovall was the pctSOn who spcorhcoded tltal and enlisted a number of people 10 develop the auriculwn. Mr. Lockwood continued thal in the laSI couple of yeara, another arca that we have jumped into as r,ir as safety education. has been in the safely prevention and car sent programs . Kent Davies, who is our safely educator, saw this as an area that wc could get involved in. he said . He 8')t rogother with Mike Pnttarozzi, and Ute two of Uicm investigated to find out whal was oul therc. They became proficient technicians at installing car scats. which is c.'1remcly technical. considering all the diO'ercnl makes of cars and dill'ercnl kinds of car scats. Titis involves a number of di ffe rent people who arc currcntly being trained to become technicians at Utis, but Mr. Davies and Mr. P:marozzi both have been soned oul by COOT to become instructors so that they can tcoclt otllCIS . Al U,e last conference. we received a certificate for outstu Jing service award to Ute Englewood Fire, in recognition of dedication and suppon toward the advancement of child passenger safely in Colorado, he advised. We are rcal proud of these guys and their eO'ons . This is rcall y Ute kind of thankless stuO' Utat goes on. because. unless there is an accident or something, people lend 10 just ignore il but wc rest easy al night knowing there is a lot of work going on behind the scenes, lic said . Mayor Burns said we ,re once again reminded of all the gieal service the fire pctSOMel render 10 this city . He asked for a round r:/ applause . Council Member Habcnichl said that sJ IC has been watching our Safety Services over the years, especially the Fire Division . She said she thinks ULis is U1e one division who works so very hard to change the statistics 10 make it seem like wc do DOI need them as much. We have fewer structure fires , less damage. all of thal because Ibey do Uicir job so well . and U1e preventative things that they do arc so valuable . TI,ey really do not get enough recognition for all Utey ao tltal isn't U1e hero stuO'. Mayor Burns said great work on the emergency response , too . That is another thing they do a terrific job on . 7. Non-S.hedultd Visitors (a) Mary Be nso n. 1109 South Cla)1 0n Street. Denver, passed out a letter to tl1 e Council members explaining her request. She lold Council that she has a friend who lives just up the street from the Skcrritt house on Bannock . She s.1id she ha.s been watching it deteriorate and it has made her real sad She sai d sbe heard that Ute City bougb1 U,e house , and site is happy that someone is taking care of it She said ;,er proposal is 10 buy the Skcrritt house from the City of Englewood . She said she would like 10 go through all the grants. make ii an historical place that everyone could enjoy. Ms . Beason acknowledged U1a1 il needs a lol of work . She said the house is very interesting. It has some real old partS of il and il has some 1970', awful things. and needs a lot oflLC. Sbe advised thot she had n:worked a house located al 2630 South Logan Slrcet . She said it was a 100 year old house that had a lei of problems and she fixed ii up and it is qnile a show plocc now. Ms. Benson said she knows she could <1., that again. Sh e advised that she ltad already gotten some bids on a roof and paint . They arc pmry high. s1-.c sai d One wa, over • • • Englewood Ci1y Council July 19, 1999 Page 3 $7,000 .00 for the roof. Apparently they just roofed the parts lhat needed il and thcro ue now parts thal roally need to be redone. 1bc same thin& on DIC paint. lhc advised, and it-.ld problbly ex ... :1,500 for c:arpcnt,y befon: a painter would even take a brush 10 il Ma. BcNon said a painter she spokb to told her that, in its pn:sent condition, the hooY. will not lasl through the wimcr. She said someone -to jump on il and she reels she is qualified to ao lhat Mayor Bums said he spoke to Ms . .'lcnson about this briefly, with Cily l;l.anagcr Scars. He ut..i when: the City is in ilS analysis or UUII structure . Cily Manager Scars a,. lrnowledgc lhat then: was a mccting with Ms. Benson. He said the Pnrb and Recreation Depanmcm has cleaned it up and we an: involved with doing some historical J)RSCl'Vlltion reviews of U,,, buildul& through our Bu,tding i>cpartmcnL but we do not have a full report to give Council . We wen: planning 10 put this as:., agenda item in the middle al August when we have had an oppomuliiy to look at the information from wilcn: we an: and in tcnns of what the Swe Historical Sociely has. Mr. Scars asked Director Black if then: was anything be would liltc to add in tenns of maintcnanc<. Mr. Scars said we had to wail until they had their equipment out of the propcny bcfon: we :ould do anything. He said it was his undcntanding that they may still have some vehicles in the garage. hut ho was not sure if cvc1ything has been taken out of the site yet. Director Black said they an: working with Public Wod<s. Ron MIUcr and Dave Hcndcnon have been working on the interior and Parks and Recreation persoMel have beu1 working on the exterior. He agreed that then: is still quite a bit of work that ....is to be dooc . Council Member Nabholz opined that, if anyone on Council has not seen the inside. she would highly recommend that we have a road trip and everyone take a look at the inside of it to see exactly what we arc dealing with . Ms . Benson lnid when she spoke to the roofers and painters, they said they wen: from tlttcc to six months behind, whirl•, outs you in about November. Also, she said she put a call in to the Historical Sociciy and the grants dcpa."!mcnt and she advised that she is doing all this leg work because she n:ally \VBllts the house, and wants it to oc a nice place for everybody, not just her. Mayor Bums said he appn:cialcs her intcrcsL and the City is meeting with her and working wilh her. and there will be 1110U1er meeting in August. and, hopefully, in the meantime, we will have a tour. Ms . Benson said it is a real hodge-podge, but you can sec that really nice things could be done to it Council Member Waggoner clarilicd that the City did ool actually purchase the Gothic aPd tbco sell ii to a priVale party. He said it was n:dccmcd. Ci1y Manager Scars said lhat when be met with Ms. Benson be bad cxplaincd 1h31 the Cily did not sell the Gothic. 1bcy bad a cun: period, or time period for taxes, when: he actuaUy came bad< in and paid the bock taxes aod then took th3I site over. 1bcn: was n:ally no sale to them diroctly from the Ciiy, he advised. He asked if Ms. Benson's proposal is 1h31 she would like to buy the property from the Cily and live in it. Ms . Benson said th3I is amo:t. and she would never sell it It would not be a quick fix. but a \'Cry long one. Council Member Habenicht said she is not clear. She asked iftrus is an introductory letter in order to make an offer to pwciiasc th.is from the City. Mayor Burns said tbat is what the interest seems to be. 8. Communications, Proclamations and Appoinlmentt (a ) A memorandum from Bcrvcttc Williams, Chair of the Englc:wood Public Library Board, reql£sting lhat Council declalc . 'llCIDcy on the &an!, was consiJcn:d . Mayor Bums said this is with regard to Lou Parkinson 's position for non-attendance . Englewood Cily Council July 19, 1999 Page4 COUNCll, MEMBER BRADSHAW MOVID, AND IT WAS SECONDED, TO UCIM THE MEMORANDUM AND DECLARE AV it.CANCV ON THE ENGLEWOOD PUBIJC LIIRAllV BOARD, Mayor Bums said he knows Mr. Parkinson quite well and he is sony that he did not rospond to this. He Slid he did not know quite why. Vole rosull.!: Ayes: Nays : The motion carrlcd . 9. Public Hcarinc Council Members Nabhoiz, Gamlt, Bradshaw, Habenicht, Waggoner, Grazulis, Bums None (a) A Public Hearing was held to gather input on Council Bill No . 24, amending sections of the Englewood Municipal Code 1985 pmaining to v,,fflti . COUNCll, MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING. Ayes : Council Membors Nal>bolz, Gantlt, Bradshaw, Habcnichl Waggoner, Grazulis, Bums Nays : None The motion carried and the Public Hearin~ opened All witnesses were duly ,-..om . Adminisuntioo Division Chief Moore. Dcpanmcnt of Safety Servio:s, presented Proct of Publicatioo Notice of the Public Hearing in the Englewood Herald on Jun o 25 , 1999. He said he would be happy to answer questions during die course of the ~ng, addlfl8 thot lh,i, were four members of the Code Enfon::cmcnt Advisory Committee prcscnl who were inslnunental , with Cily Anorncy Brotzman. in developing the wording of the council biU. Don Roth, 2830 South Shennan Strccl, told Council tbal be bad been invclved in this process since the beginning as a member of th, Code Enfortemcnt Advisory Committee. He al,o chaired the su!Kommittee t'iat looked at this whole issue. he said. Thooe of you who arc familiar with the early history of Englewood will know that about 100 years ago, dlCrc were a nwnbcr ofbush""51CS in the area that paid very little attention to their cfl'CCI on the surrounding a,mmuni1y. In fact. Mr. Skerritt was the landlord of a number of those busincs., he advised . Nincly-se\'CD years ago , rosidcnt5 of the area voted to fonn the new cily named Englewood. The first order of business for the new city was to SCI some standards for the area businesses . 1l1e ordinance that you arc looking at tonight, hc said, is in that same spirit. In particular, Section 7~E-I0 deals with some of the business ilSUCS. and we will talk about that in more detail later, he said. l.lnmtcd. we arc not tall'ing • .bout whal they were ninety-seven )cars ago. Gambling and prostitution ai~ not the issues tonight. To1c,!OI we arc talking about graffiti , be ad\iscd, however, graffiti is just as onerous. lltis piece was P"\ together by a group of residents, he said . They spent a lot of hows, a gICII deal of rcscarch. thought, discussion, and a fair llfflOIIIII of comprontisc went into developing this. He thanked all the members of dllll sulH:omntittcc who pot in that timr . they arc very diligent. bard worl<ing and patient The sob<ommittcc members arc Todd Boyer, Katherine J,'isclt'>ach, Ruth Haw,cn and Gerald Stankorb, and d1cy were all instrumental in developing this. The goal that we set whr e. we started out on this was to design an ordinance that made sense and could actually be cnforted . ~ Ir. Roth said he feels we have done a fairly successful job, and compared 10 ,ome of the onlinanccs that were looked at, he feels tlus • piece shows a good deal of restraint There is not a IOI of tough sounding llngw.gc that can not be • Englewood City Council July 19, 1999 Pngc 5 cnfon:cd . He Uiankcd City A11 omcy Brotzman for kcepiog u,cm on the straight and nanow on that iaue. We beard from some individuals who staled !hat graffiti wa, not a problem in i:o&lc',>ood, he said. Mr. Roth agreed tbal it is not 8" big a problem as it could be . He said be has some 11irttu cs taken al the groc aoell down II Rotolo Puk that tell a dilreront stNy. About a year ago, some o( the high school students painted some ve ry nice murals on the bridt,~ abutments in that area. and rilis past spring. someone decided 10 sign their artwork for them. He passed ,omc pictures of wha1 has go,c on rocenUy. Mr. Roth said he would like to give a bricf summal) of the piccc,1 in this or<linonce. The lint piece is §7-oF-l2, which prohibits grJffiti. It is veiy similar lo whal is cum:n•ly in Ilic Code. bu1 11 has a little bit tighter focus , and docs a little bit better job of defining whal graffiti roally is . §7-61, .. 9 prohibits the possession of specific graffit i materials by minors. It seems that most of this son of thing ;, done by mino1uod it would be difficult 10 00n1rol adults in this type or thing. At any rale, with all the other codes thal we have. rninors an: an easy target, and, since tl1cy proscnl the biggest aargct. this is when: we looked , he said. Wbilc the items prohibitc.;1 from possession arc u:'lt all incl wive by any stretch of the imagination. it docs cover the most commonly used items by graffiti taggers. he said. What it docs is rJ low the police a little more leeway in oonlr.ling po1ential or suspected taggers. §7-oc-10 prohibi~, the sale of those same ma1crials 10 minors by local businesses, he said. §7-oE-13 defines pirental n:spon,ibility with respect to graffiti. This is the one section that is probably more postUring than !hero really is meal 10 i~ he said, but it 1pells out what we were looking for from the parents. He advi,cd that Mr. Brotzman poinled out 1h11 pobobly no one would ever be clwgcd wxlcr Iha! section. bul it is noocthelcss an imponan1 piece. The fmal piece in this. he said. is §15-15-1, which places cleanup cnfon:cmenl under the standard nuisance abalemcnt process . Mr. Roth advised U1:11 U1e current language allows only twenty-four hours for cleanup, whi ch seems a little wmasonablc. and it really is not being cnfon:cd anyway, so we might as well make something that is standanlii.cd and fits in with UIC rest of our nuisance abatemenl Mr. Roth said he personally has one cnnccm . llus was put together with a good deal or compromise, and in particular, §7-6E -10-C, wliich pcnains 10 the businesses, he said. We had several mectingsaboul this, and this is the compromise """'ion. Nol cveiyone on the oommincc agrees with the compromise. mysc,fbeing one. he said, alU1ough it is bctler than noUring. On U,e other lwld, I would like 10 sec a little bit stronger language. he said. Paragraph one. as \\Tineo , allows die businesses 10 store these defined graffiti malerials within the line or sigh! of their employees as a U,en detenronl Paragraph two states Iha~ if businesses can not comply with paragraph one. UICD U1cy must store graffiti materials in an ami that requires employee assislaniz, he ~'lid. Pnrngraph one is nearly impossible to enfon:c, he opined. Mr. Roth said he doubts that Safety Services would devote a whole 101 or time 10 trying to enfon:e thal paragraph. and. in a sense, paragraph two is dependclll on paragraph one . Paragraph two is vinually meaningless in the presence of paragraph one . Mr. Roth said U1:1t is ltis personal opinion. He urged Council 10 delete paragraph one and the re rcronce to ii in paragraph two, and make Utis an ordinance that can bc cnfon:cd and that would make ii ct .lSistenl with whal Denver passed this last fall. Mr. Roth said he feels that consistency is imponant in considering our -:lose proximity to Denver. Council Member Habenicht asked if the makeup of the commillee w" all uiglewood citizens. Mr. Roth roplicd that cvciy member was a n:sidcn~ and then: was one who was a resident and business owner. Ms. Habenicht asked if !hero were four people on II'..: coromiaee . Mr. Roth ,os;,ondcd thal there were five . Ms . Habenicht said the compromise position was lo go with this . She asked if that was a compromise, a vote of majority. or a consensus. Mr. Roth responded that he believed it ~-as a consensus opinion co present this with the compromise version. TI1erc arc pros and cons to botJt dircctioM. he allowed . Ultimately that is what it was. aud that is why we dccict.00 that maybe Council has a little bit better feel for what we need . Ms . Habenicht said tbc reason she,. as asi<lng is. whcr1 we had some information on this last time. she had tbe impression that it was strongly cndorscJ by this conuniucc . and it sounds like now it is oot really strongly endorsed. but :lw U,erc might h,·,c been a contingent thal would like 10 sec this be much stronger. Mr. Roth said thal is true. It is endorsed by the Code Enfon:cmenl Advisoiy Committee as it stands. We wo•.'d prefer lo sec stronge r language, but ii is acceptable as is . Ms. Habenicht asked if she is lo un ,rstand thal what is prcscnled here 1onigl11 cveiybody could agree on . Mr. Roth said we could live with Englewood Cily Council July 19, 1999 rage6 It let 's put ii Uiac way . Ms. Habenicht asked if nobody would :11ve made it less w,al<, bul people would have made ii cnore strong. Mr. Roth said right. deleting p1111gnpb one m,;\cs ii ,m •ngcr. Ms. Habenicht asked. in paragnpb one, ifhe was referring 10 display and slorage. Council Meo..:..,,., Wagoner said line of sight Mr. Roth said 1h11 gives the businesses the option of a line of sighc display oi lhc merchandise, nthcr than strict lock down. Mayor Bums asked if Denver is essentially paragraph lwo. Mr. Roch said thal is correct, Denver requires lock down. Mayor Bums said there was a question abouc how much oflhc paint supplies were actually scolen 0181 ld<!s use. Mr. Roth said u-. are a lot of ""Cistics, and you have to calce chem all with a 1iram of sall because everyone is IJ)ing 10 prove • ·ir poinl The realily is probably somewhere between lhc cwo extreme,;, he said. Th, people who are pn, lockdown are going to say 100% of tile paint is stolen. Thal may be true, but it does not necessarily mean it was stolen from businesses. it could have been stolen from the next door neighbor, he said. Council Member Habcruont asked if U is wcnl before Clean, Green and Proud . Mr. Roch said lhcre was some discussion lhcto, bul no vote WI, involved . Ms . Habenicht asked what the understanding was, or the feel , of Clean, Groen and Proud . SI>, said shcwu surprised ii did nol go back to Clean, Green and Proud. Council Member Nabholz said slv. did not WKlffltand why it -,Id. Mr. Roth said it is really not an issue that Clean, Gn:en and Proud is c,,ncemcd with . He said that he and Mr. Scankorb are both oo Clean, Green and Proud. so it was discussed • little bit bul ii was not something thal commission was doaling with. C011ncil Member Grazulis asked if anyone from Flood Middle School had been consulted, because tlley '•ad done u program on lltis also , and we were 10 take some or their ideas into consideration. Mr. Roth said it was discussed a little bic U,e evening after U,e mecling. The issues U1:11 they w re bringing up, number one, u,e juvenile respo11.S1'bili1y was councer 10 the rest of Che Englewood Code, ic would be very difficult, and • 01111 wn ; their main premise . Ms. GlllZUlis said as long as they were consulted. She asked if they had not nlso said something abouc porencs being responsible. Council Member Bradshaw said chis does address that concern somcwhaL Mr. Roth said thcre is a parencal responsibilicy section in here, and thal probably is more posturing, as ii would be difficult lo · '1arge anyone on thal issue, bul nonelhclcss, it is speUed out. Council Member Brads',:aw asked ifhe l1:1d nol said earlier thac this was ac:aepcable 10 lhc Code Enforcemcnc Advisory Comminee as written. Mr. Roth said, as written, ii is accepcable . Ms. Bradshaw said bul your smallr.r comm ir."' would like ii ttronger. Mr. Roth said not nll of the members . There are lwo sides lu th.is c:uuL and that is why we put it in Council's hip. M.1yor Bums asked if paragr:,ph C-1 is essencilllly tile indusuy scandards, thac is the lobbying group that we heard from. Mr. Roth concurred. adding that ii comes from Che IMLA . Council Member Bradshaw asked if ii,... from lhe Colorado Retail Council . Mr. Roch said lhe Colorado Retail Council supports it, bul the language actually comes from a recommended ordinance from the IMLA . Ciiy Attorney Brotzman explained thac it scands for lnlcmational Municipnl Lawyers Association. Mayor Bums asked how Safety Seniccs feels aboul how enforceable this is . and whether we can still get the job done by notifying businesses to clean up. Mr. R, Ji responded tllac he was sure you could, but U,e poinl he was making was thac ii is very difficulc 10 prov, thal lhcY ha,e nol been observing . They pul ic across U,e isle from lhe cash register, which qualifies for line of sight but as tile clerk is busy ringing up somebody else 's merchandise, he is not wacching. Some of chose issues prot-ably can be addressed, and there are effective ways for U.ic 10 happen, he said. buc my concern is whelhcr ii will or will not happen, We lllld some concact wiU, U,e group u,11 met wilh us abouc Ulis and recommended this language and they m.1de some promises 10 gi,-e help nnd training 10 Che businesses and, hopefully , lhcY will follow through on lh.11 . He said Chere is a rep<esencati , ouc in tl,e audience conight so. hopefully, she can give a llllle more • insig)u on whac Chey really plan on doing. Mr. Roth commented that as be had noced in lhe letter given to • Englemiod City Council July 19, 1999 Page 7 Council corlicr, one of lhe concerns witb tbcir elfons was thcy bad admitted tbat tbe model tltcy we:c using at L'ie meetina was Albuquerque. New Mexico where they bad set up a program like this, and then they admitted that tliey have not been to Albuquerque in two yca,s. Council Member Habenicht said her concern is lhc Denver ordinance 0•11 has lhc tighter control .,.c, this. She asked how long that has been in operation. Mr. Rotb said be is not sure they have actually implemented it yet. They passed it last November, but be d,d not feel Ibey have begun enforcing it yot, at least iftbcy have. Ibey arc no'. doing a very good job. Ms. Habenicht said thc reason she raiscdlbal is that she noticed oo Sheridan Boolevard lhc other day that lhcrc is a remarkable reduction in tbc pallid. It had been a horrendous problem and she wondered if, by some chance, tbc stronger ordinance had IOIDClhlng to do witb that Mr. Rotl1 said he could not really say , but he knows Iha~ in visiting some ofthc businesses in Denver, Ibey do not have some of lhcir spray paint wldcr lodt down at Ibis time. Mayor Bums s.1id he tl1ought Dcn,u's ordinance was patterned after tbe Phoenix ordinance. He asked Mr. Roth ii' he knew how effective tbat one is. Mr. Roth rcspood,d that Phoenix c;laims it was extmndy effective, but he did not have thc figures in front of hint He said be knows that was why they • .110 here proposing it to Denver, occousc they felt it was c."1Jemely effective and there was a huge n.duclion in graffiti, according to their statistics . Council Member Habeniclu recalled tliat wc had one of thc very first graffiti ordinances in ColOllldo, and ours was tbc model. We have Dorothy Romans to thank for ~ she added. Ms. Habenicht said she wants to support tliis. but is ...Uy concerned about thc mixed feelings on the part of the committee. Mr. Roth said, hopefully to alleviate some of her conocm about~ thc group suppons it as ii is, and we all think it is an improvement One of the issues we discussed, also, is if, in the future, it becomes a problem, it woulrt be very cosy 10 go back and delete tlru paragraph at a later date. It is written in such a way , be said, that it would not be diflicuU to make tbat c.'mnge. 1bcrc arc proo and cons in both ver>ion&, it is just ~ considering Denver's passi.ng of a stronger ordinance. and our close proximity to Denver. we :UC a Uttlc nervous about It.wing a weaker language in ours. Council Member Nabholz said she knows tlus ~1ounittee has worked diligently, with City Attorney Brotzman. and she applauds the Code Enforcement Advisory Committee, as well as tliis sulKommittcc. Mr. Roth said the member> did a great job . Of all the commiuccs on thc Code Enforcement Advisory Commincc , lhis is the only one that stood the test of time. he said . Christena Estes, 2534 Soutl1 Gilpin Strcc~ Denver, said she was representing the National Council to Prevent Delinquency, and the Colorado Retail Council. She said she believes we both sent letter> to tbe Mayor and Cow,ci~ and she thanked lhcm for givi.ag her an opportunity to speak oo this issue. She said she would also lilcc to thank both the lode Enforcement Advisory Committee and sub-<:ommiUcc for allowing the National Cowicil 10 Prevent Delinquency to come in and speak with them on April s". They were very courteous and took in a IOI or information at one time. Ms . Estes said she is very pl~ to endorse and suppon Council Bill No . 24. as written. on the lock up issue that was referred to. We. as a retailing community, suppon Dexibility in Ute way that we sell our product. and we believe this ordinance responds to tl1c concerns tbat we proscnlcd to the Code Enforcement Advisory Committee on Aprils". At that lime, she cominucd, "~ expressed our inl crcst in assisting the City and tbe appropriate graffiti coordinator or community liaison in tl1c training of retailing and providing signagc , and that kind of thing . l11is would be assistance "ith the graffiti progrant establishing )'Glint banks, and having a partnership bet"~•• tltc two entities was our goal at tl1at time and we arc still here publicly to offer that assistance, she said. Regarding Denver, the lockup tl1ere was not passed without opposition, there was significant opposition there, and tl1e lockup has not been in&tituted as of yet. Ms. Estes said she c; not sure when the actual date of iniliation will occur, but she felt it would be a year from the passage . She said she is 001 sure how their enforcement mechanism will work, and tlmt was one of oor coocems that wc raised with them at that time. We as a retailing communi1y would like to be rcsponsible, she said, and we feel • if theft is not a major problem In tllC city , tl1ea putting punitive type laws on the books without attempting to go for a E11glcwood Cily Council July 19, 1999 Page 8 morc flc.'<ible approach, is damaging. We would like to have lhc opportunicy to prove to Council that wc can be responsible citizens If lhls docs no1 worl< for a year, wc woold be morc than bapp/ to carue back and rcvisil lhc issue, sbe said. Ms . Estes again lhanltcd Council for lhc oprortunicy to spca ' and rcitcnllcd lhot we an, herc as a retailing communicy to suppon lhc bill as written. Council Member Bradshaw recalled lhc last time Iha! Ms . l!stcs spoke to Council she said she would contact dilfercnt retail establishments. She asked if Ms . Estes hid contacted all lhc retailers in Englewood. Ms . Estes said yes, they have conracted forly•IWo , and It was lhose lhat sold paint and what is classified as graffiti instnunents. Ms. Bmdshaw said so you have conlacted all those at Ibis time. Ms. Esta said yes. Ms . Bradshaw asked what lhey had found out Ms. Estcs rospondcd Iha! Ibey found out that !hey werc no1 happy wilh lhe proposal 10 lock up pain~ and lhll1 !hey did not n:ally knew • whole lot about lhc issue and were nor very informed as to what Cicy Council was proposing, and Ibey wcrc willing to assist in any way d1ey could to make ii a belier communicy. Council Member Bmdsbaw asked if Ms . Estes could spcc iflcally name some of lhosc. Ms. Estes responded that ii was a confidential survey, so the information that Ibey give her is contlngcnl upon it being confidcntiol. Mayor Burns asked Ms. Estes if sbc had spoken 10 lhcm about bow much of lhcir product is stolen. Ms. Estes said she did. and ii was not a signilicanr amounl She said she Wotdd noc lic, there wcrc a couple of problem storcs, and we have asked dicm to allow us to come in 111d help lhcm rcvamp lhcir program. retrain lhciremployecs, put signagc up, and put lhc materials in clo.1<r view. A couple oflhc storcs Iha! wc visited did nor have lhe marcrials up front. in a dircct line of siglll, and wc !hink Iha! significantly contributed lo lhc problem, she said. and dicy 1verc very happy 10 receive our assistance . Mayor Bums said Mr. Roth had mentioned a lack of follow-up in Albuquerque . He asked Ms. Estes to • address lhal Ms . Estes acknowledged dYll lhc National Council to Prcvent Delinquency helped Albuquerque set up lhcir prognun. The decision oftlic IJ()licymakcrs in Albuqucrq1,c was to have us assist lhcir graffid coordinator, she explained. so it is at lhcir leisure that wc come in and help them. Last year, lhcir graffiti abarcmcnt officer was promoted 10 lhc national level in Keep America Beautiful. and lhey werc going through lhcir search process, which may have led 10 a lack of COlllfflunication . Council Member Habcnichl asked, In any oftl1c cities Iha! lhc NCPD has had a connection wilh on lhis issue, if 311yonc in the business community, or the retail community, assists in the cleanup of graffiti when lheir products dist d1ey have sold wcrc utilized. Ms . Estes responded lhat lhat is pan of lheir program , They try to bridge die gap between lhc retailers and lhc communicy and liclp, no1 only in cleanup, but in providing frcc paint ard assistance. She added lhat it is personalilixl lo each communicy, and wc would need a clear person !lull 11 , could deal wilh and a dircction from Council as 10 whclhcr or not lhcy wanr lhar assistance . C ,until MClllbcr Habenicht asked if that would ha,-c 10 be pan or our onlinance . Cicy Artomcy Brorzman said no . Gerald Srankoro , 4913 Chenango Circle, a member of lhc Code Enforcement Advisory Committee , said that he was not sure lie could re:tlly clarify anything. but lhcrc seems to be a Jot of questions about how lhc committee fell. We submincd an ordinance 10 the Council with much stronger language originally and it was lakcn olfrhc agenda, he said. \Ill.en"" went back and had discussions wilh lhc NCPD, lhcn: was some assistance offered lo us tu make some modifications in the language. and at that po int we .1lso, quite f,ankly , were not sure we had enough support on Council 10 pass it lhc way ii originally was . We felt Iha! a compromise bill was belier lhan nod1ing al all , he said. Mr. Srankorb said hf, lhough~ not only lhc sub-• committee, bur also lhc full committee, roted to accept both versionsoilhc bill, but that is wlly i1 was • • Englewood Chy Council July 19, 1999 l'll,e9 compromised and modiHcd. in part. We felt thal if wc could get llli5 blll pu,ed. and acc:cpl some assiSlanCC from !heir group. u .. , mighl be bcl1cr than jUII lhc llllipt OUI lockup and 1101 knowin& wbetber wc were &•ia& 10 ,et any of lhe bill pullld by Couocil. One 0lber !but& be aid, was that be WIS not sure where lhc awabcr of forty-two came from 11,oi Ms. Esles quolCd u beiag lhc number ol l'Cllilcn 11w were SUM)'cd. He said Iha! wu a very mislcodiag number, because lhc number of businesses Iha! arc actually ia Englewood. and 1h11 ICIUllly ocll U-lypcl of malerials, be believes is tloser lo eleven or twelve, and a couple of them may have En&lewood admascs, but arc not ICIUllly in Englewood. So, be said, wc arc looking 11 a very much smaller number of retailers, and be just wanled to clarify that. Council Member Habenicht said Ibis brings her a liltle bit of conc:cm 31111 maybe she is not widcrstanding. The committee originally gave us a stronger bill , and wc scnl ii back? Mr. Stanlcorb said yes. You fell !Lat Council would not SlJPPOn lhc stronger one so you made ii weaker so that Council mighl suppon iL she said. Mr. Stanlcorb said lhcy compromised because one of lhc reasons ii was lakcn olT lhc agenda was because lhe NCPD came and spoke and wc were asked lo lake another look al iL and lhal kind of gave us some mixed signals aboul where Council wa,. coming from . Mr. Slankorb said be believes the Code Enforccmcnl Advisory Committee would SUJ'.-1)0n eilhcr version, eilhcr lhc u,cal lockup, or Uying a liltle more lcnienl approach 10 sec if ii works. Ms. Habenichl asked if lhc more lcnienl approach was second guessing Council . Mr. Stankorb said be lhinlis thal was a picc: of iL Council Member Waggoner said ii was a compromise. as be widcrslands ii. Mayor Bums said COW1Cil asked for lhc survey. 100. Mr. Stanltorb said be did not know wbcthcr ii should be called second guess or compromise. COUNCil. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING • Ayes: Council Members Nabhol z. Gamlt. Bradshaw. llabenichl , Waggoner, Grazulis. Bums Nays : None 11,c motion carried and d,c Public Hearing closed. Mayor Bums said Ibis will be laken up when ii comes back before CoWK.1I for action. Council Member Bradshaw asked dl:ll Olis matter be brought back at lhe first meeting in August. It was Council's consensus 11w they would like to sec Ibis bill again at lhc firsl meeting in August. 10. Cooocnt Acend1 (a) Approval of Ordinances ofFirst Reading. COUNCil, MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (1) (I) ON FIRST READING. (i) COUNCIL BILL NO. 43, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AMENDING TITLE 11 . CHAPTER I, SECTION IB , Of THE 1985 ENGLEWOOD MUNICIPAL CODE PERTAINING TO HOV LANE VIOLATIONS . Vole rauitJ: Ayes : Nay s: n1e motion carried. Coundl Members Nabholz. Garret~ Bradshaw, Habenicht, Waggoner Gruuiis. Bums None Englewood Ci1y Council July 19, 1999 Page 10 (b) Approval ofOnlinanccs on Second Reading COUNCIL MEMBER BRADSHAW MOVED, Al\'D IT WAS SECONDED, TO APPROVE CONSENT -~GENDA ITEMS 10 (b) (l), 01), Qll) AND (Iv) ON SECOND READING. {i) ORDINANCE NO. 36, SERIES OF 1999 (COUNCIL BILL NO. 16, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE REPEALING TITI.E 7, CHAPTI:R 4, OF TI!E ENGLEWOOD MUNICIPAL CODE 1985, PERT AJNING TO BURGLARY PREVENTION. {ii) ORDINANCE NO. 37, SERIES OF 1999 {COUNCIL BILL NO. 32, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING TI!E ACCEPTANCE OF A GRANT OF PROPERTY TO TI!E CITY OF ENGLEWOOD FROM ARAPAHOE COUNTY . {iii) ORDINANCE NO. 38, SERIES OF 1999 {COUNCIL BILL NO. 37, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING lTILE 12 , CHAP1ER IB, SECTION 10, OF TI!E ENGLEWOOD MUNICIPAL CODE 1985, PERTAJNING TO FIRE HYDRANTS . (iv) ORDINANCE NO. 39, SERIES OF 1999 {COUNCIL BILL NO . 44, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN TI!E ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND TIIROUGH TI!E ARAPAHOE COUNTY CLERK AND RECORDER AND TI!E CITY OF ENGLEWOOD TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 2, 1999. Vote results: Ayes : Nays: Council Members Nabholz, Gamtt Bradshaw, Habenicht, Waggoner, Grnzuli s, Bums None The motion carried . (c) Resolutions and Malians COUNCIL MEMBER WAGGONER REMOVED ITEM 10 {c) {i) FROM THE CONSENT AGENDA. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 {c) {ii), (Iii) AND {iv), (ii) RESOLUTION NO . 77. SERIES OF 1999 A RESOLUTION AUTHORIZING TI!E CITY OF ENGLEWOOD , COLORADO TO FILE AN APPLICATION WITH TI!E U.S. DEPARTMENT OF COMMERCE : ECONOMIC DEVELOPMENT ADMINISTRATION FOR A GRANT WHICH WILL FUND THE DEMOLITTON OF TI!E EXISTIN(i ENGLEWOOD CITY HALL. SURROUNDING ROADWAY AND PARKING LOTS . {iii) RESOLUTION NO . 78, SERIES OF 1999 • • Englewood Cily Council July 19, 1999 Page II A RESOLIITION AIJJ'HORIZING THE CITY OF ENGLEWOOD, COLORADO TO F1LE AN APPLICATION WITH THE DRCOG 2001-2006 TRANSPORTATION IMPROVEMENT PROGRAM FOR A GRANT WHICH Wll.L FUND SANTA FE LANDSCAPING-PHASE IL SOIJJ'H BROADWAY STREETS CAPE, SIDEW AU< INST All.A TION IN THE BLOCKS OF 3000-3600 WEST BELLEVIEW A VENUE AND 3000-3400 SOIJJ'H UNIVERSITY BOULEY ARD. (iv) A CONTRACT Wl1ll CAROLLO ENGINEERS IN THE AMOUNT OF $65,300.00 FOR 'IECHNICAL ASSISTANCE FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT 'S DISCHARGE PERMIT RENEW AL . Vole ruullJ: Ayes : Nays: n1c motion carried. CoUDcil Members Nabholz, Garrett, Bradshaw, Habenich~ Waggoner Grazulis, Bums None (i) Council Member Waggoner said be has some questions Mayor Bums r=id the title of the resolution for the benefit ofU,e audience . Director Black presented the recommendation from the Dcparuncnl of Parks and Recreation 10 adopt a resolution approving an agm,menl betwccn the Ciry and the Society for Preservation of P.®IIOily, lo provide art in public places. He advised that the Socicry would like to pul ten sculptures in the City of Englewrod along Little Dry Creek for a rno year period. ,vith options for renewal . Mr. W:,i;goner said his concerns wen: mon: grammatical than anything. Under page 2, paragraph 4, he said, down about the middle, ii starts "with the actual cost of n:mc-/31 and installation of the n:placement piece shall be paid ... • I guess we should either take out "with" and just say the actual cost n:moval and i.·utallatioo ... • or leave "with" in and take "shall be" ou~ he said. One way or the other, the language docs not read rigl11. Council Member Bradshaw asked if that is in addition to the other amouoL Mr. Black said yes, ii i~ That is if the Cily and the Cullwal Arts Commissioo sign off on the original ten pieces going in, and they an: installed. and then later on. the Cily decides Iha~ for whatever reason. there is a piece that needs lo be removed. and the Cily would remove thal pica:. COUDCil Member Bradshaw said so ii is if we decide the piece needs 10 be removed we pay for iL but if ii is just the nalwal rotation ... Mr. Black said that is correcL Ms . Bradshaw said she thinks that is misleading. Mr. Waggoner said. down in paragraph 9, starting with "if the Society fails 10 repair the dangerous condition tl1c graffiti "itl1in rn~nty-four hours ... " That docs not n:ad righL either. he said. City Allomey Brotzman said there should be the word .. or" between .. condition" and "the". Council Member Habcnichl as.iced for clarification. If it is removed because of a matter of taste. after it has been aa:cpted. the Cily bears the coSL and if it is removed bccousc ii is a safely issue, or a LiabiLily issue, or a danger issue. it is removed at tltc cost of the Socicry, she said. Mr. Black said that is colTOCI. Mayor Bums said ltc would Like to have a better definition of what a Sculpture Garden i~ Mr. Black said be tl1inks for the purpose of this cootraet, the Sculpture Garden means the location that the ten pieces of sculpture will go into . We really did not get in to a specific definition. he said. but basically that is what it means, it is the IOC1tion of the ten pieces of sculptwe. Mayor Bums said also , under the acts performed by the Ciry. page 3, number 4, "the site or sites for the Sculpture Gartlen will be at tl1e discretion oftlie Cily, so long as the site is in a City owned park", so that Englewood Ciiy Council July 19, 1999 Page 12 u ,I I could include nnywhere. TI1ese ten. he said. a,c ooly going in Little Dry Cn.tk. He said he did 1101 think the ddlnitlon of Sculpture Garden is not mnfined to just those ten, because there is a rc:femx:e here to any park or open space in the Cily. Council Member Bradshaw asked ifwe need to just tie thisdO'.n on specifics more. ~Bwns said he thinks the definition of Sculpture Garden could be very broad. and ii was just the fact that there wu no definition here that bothered him . Mr. Black said we muld go back nnd revisit that definition, but basically, for what we aR loolclng al here, it is the location of the ten pieces of sculpture that they will present but we can include a definition as pan oftlie agm:ment Council Member Bradshaw said let's just pull it and bring it bacl< "ith thosc thinr; cleared up al the first meeting in August. Council Member Habenicht asked if that would preclude tho installation, or moving forwanl in what they are t,ying to do, if we postpone il Mr. Black said they an. in the process now of moving sculptures in, in fact they have already brought some in f'JOm out of state . Their plan was lo move forward n1 tl1e end of I his month or the fu>t of August for installation, but if this is 1101 clear, and Council wants 10 go back nnd clean tllis up, we can cenainly do that. he said. Ms. Bradshaw saiJ it would delay them l\\'O weeks. Council Member llabenichl said she would like to clarify that her understanding is that the term Sculprure Gnnlens is a term that they use . It is capilaliud in all places, so that it is not really a definition kind of issue, but more of n designation issue, whal they call lt when they put something in. So whal else is nol clnrified in here, she nsked. Director Blacl< said he thinks that is a fair definition. where the specific location is whal ht mnsiders Sculplllre Garden. Council Member Waggoner s::id at the lop of page 3, tliere is tllis "$6 ,2000" and I am not sure I can read thal nwnbcr. Council Member Habenicl.1 said we are just lalking about grammatical and typographical errors. She said she docs not sec why ii needs 10 be r:onlinued. Mayor Bums sai<i he is still looking for u.al definition . Council Member Bmdshaw said she would ratl1er have ii passed in lolOI . COUNCIL MEMBER WAGGONEI:. MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (c) (i) wml THE GRAMMATICAL CHANGES TBA TBA VE BEEN SUGGESTED. Mayor Bums asked if lie was goin, 10 include the definition of a sculpture gnnlen. Council Member Waggoner said he is 10m bem-een sculpture ~-arden capiialized . II seems like thal is a specific place for each sculpture, each one indlvidually could be a garden in itself. Mayor Bums said tl1e first Whereas says there is a proposal sub,nined for the construction of sculplure gardens 10 be placed in park or open space areas of the Ciiy of 'fnglewood . Council Member Wagg.,.,er added AWNG WITH fflE DEFINmON OF A SCULPTURE GARDEN to his motion. Vote n,sults: • • • • • • Englewood Cily Council July 19, 1999 Page 13 Ayes: Nays: The motion canicd. Council Membon Nal,holz. Galrd1, Bradshaw, Habenicbl, w....,.,, Gruulls, 8111111 None Mayor Burns advir<d thal this Is a resolution and woold need 10 I-ave a number usipcd. n,c rcsolulion was assigned a number and read by 1iUc. RESOL\ITION NO. 79. SERIES OF 1999 A RESOL\ITION AUIBORJZING A CONTRACT FOR TiiE ART IN PUBLIC PLACES PROGRAM BETWEEN TiiE SOCIETY FOR TiiE PRESERVATION OF HUMANITY AND 1llE CITY OF ENGLEWOOD , COLORADO . Council Member Waggoner said ICl's S1aJt over. COUNCil. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPllOVE CONSENT AGENDA ITEM 10 (c) (I) AS AMENDED AND WITH THE DUINmON OF A SCULPTURE GARDEN. Ayes: Nays: The motion carried . Council Members Nabholz, Galrd1, Bradsbaw, Habcnichl. Waggoner, Grazulis. Bums None Oireclor Black said hr. would work wid1 Cily Attorney Brottman to clean that up and come up wilh a bcltcr definition of Sculp&ure Gonlen . 11. Regular Apd1 (a) Approval of Onlilwx:es on Finl Reading Thero wero no additional items submitted for approval on flnl reading_ (Sec Agenda ll<m 10 -ConseDI Agenda) (b) Approval ofOnlliwlces on S.,cond Reading COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE REGULAR AGENDA ITEMS 10 (b) (I), (II) AND (Iii) ON SECOND READING. (i) ORDINANCE NO. 40, SERIES OF 1999 (COUNCIL BILL NO. 40, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AMENDING TITLE 3, CHAP'IBR 6, OF TilE ENGLEWOOD MUNICIPAL CODE I 98S , PERTAINING TO TilE ADOPTION OF AN AMENDED CITY OF ENGLEWOOD SON- EMERGENCY EMPLOYEES RETIREMENT PLAN . (ii) ORDINANCE NO. 41. SERIES OF 1999 (COUNCIL BILL NO. 4S , INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUIBORIZING TiiE TRANSFER OF PROPERTY FROM 1llE CITY OF ENGLEWOOD . COLORADO TO 1llE ENGLEWOOD McLELLAN RESERVOIR FOUNDATION . Enalcwood Ciry Council July 19, 1999 Page 14 (Iii) ORDINANCE NO. 42, SERIES OF 1999 (COUNCIL BILL NO. 46, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUTHORIZING TIIE "AMENDMENT" TO TIIE INTERGOVFRNMENTAL AGREEMENT Wl1l! TIIE REGIONAL TRANSPORTATION DISTRICT FOR TI.E CONSTRUCTION AND FUNDING OF TIIE TRANSIT FACILITIES AND PARKING SPACES AT CITYCENTER ENGLEWOOD . Vote raulu: Ayes : Nays: The motion carried . Council Members Nabhol,, Ganett Bradshaw , Habcnicli, Waggoner Grazul is, Bums Nooe (c) Resolutions and Motions (i) Engineering Manager/Capital Projects Manager Kalun presented a n:commendatioa Crom the Department of Public Worts to adopt a resolution supporting the Englewood Environmental FOUlldation 's sdtaioa of CalCon Collllru<IOB as lhc General Contractor for the remodel construction of Englewood Civic Center. Mr. Kalun said be is also here this evening u a boud member for the Englewood Environmental Foondatioo. He said the Englewood Environmental Foundation wu created to support the rede\'elopment of Cil)'Ccnler Englewood . At the , m! of 1998, Council supported the issuance of Ccrtillcales of Participation. that provided S9.3 million for the n:modc:ling of the former Foley 's building for a new Civic Center. Council also approved Resolution No. 74, Series of 1999 , providing an additional S2 million for this project . Al this time, staff recommends that Council sup~ by resolution, the Englewood Environmental Founclatlon's selection ofCalCon Corutruclors as the General Contractor for the remodel orlhc Chic Center, 1'ith construction 10 begin in about a week. approximately July 26 , 1999, be said. CalCon has assisted the Foundation and David 0..~n Tryba Architects with ~nstruction activities, including building C."Plorntion. design. value engineering and cost csumates . CalCon has solicited bids from multiple sub-<Xlntractors a'.ld arrived at a guaranteed maximum price for the remodel of the project. he explained. CalCon 's aumnlted maximum price for the project is i9,363,042 .00. At the July 12• Study Session. Council also discussed several alternatives 10 the project and elected lo go forward with .illemates I, 2 4, 5, 6 and 7, which added approximately S270,000 10 that guaranteed maximum price . Mr. Kahm said be believed the commwucation Council had suggested that number is S378,000.00 , but that was the total or all t,e alternatives, if they had all been selected. Also . he said. that means the -~9 .741 ,()1'..<J ,00 n\i,'!>bt·r on the commwucation should actually be S9 ,633 ,533 .00 . Thal would be the total of consll\lction. 1'ilh the altcmatives lhal Council selected . Those alternatives would bring the estimated total project cost to S 11, I 75 ,4 8l,.OO, which includes all the design services, fumitun:, fixture equipment and an owner 's contingency for t'olC project ofS317,000 .00, he said . As wu also mentioned at that Study ",;sion, the contractor 's guaranteed maximum price also includes $250,000.00 in construction contingency, u we actually have a contingency ofSS67,000.00, or 6.3%oflhc total project available to us, he said . Mr. Kahm repeated that the total funding for the project that is available is S9 ,300,000.00 from the COP's and tl,c S2 million that was moved by Resolution 74, Series or 1999, so the rotal budget available is SI 1,300,000.00 . Thal is adequate for the project as proposed, he said. Mayor Bums asked Mr. Kalun 10 give him that nine millioo figw-. again. with the alternatives . Mr. Kruun said, where it says S378,000 .00, would be S270,49 I.OO. Council Member Waggoner said that was not in the =lution. Mr. Kalun said no, ii was only in the communication. Mr. Waggoner asked what the correct numbers for the =lution were. Mr. Kahm said. in Section I, the S9 ,636,000.lli figure is the base GMP, and that number, with the alternatives tliat Council selected, would go 10 S9,633,5 , 1.00, for a total projccl budget of SI 1,175 ,486 .00 . Mr. Waggono r asked if, in the Whereas , SI 1,300,000.llil was co =t. Mr. Kahm said lhal number is correcr. • • • • • Englewood City Council July 19, 1999 Pall" 15 The r.:solution was assigned a nwnbcr nnd read by title. RESOLUTION NO. 80, SERIES OF 1999 A Pl!SOLUTION SUPPORTING 11lE ENGLEWOOD ENVIRONMENTAL FOUNDATION'S CHOICE OF CALCON CONSTRUCTORS AS 11lE GENERAL CONTR•.·::TOR FOR 1llE REMODEL OF 'lllE ENGLEWOOD CIVIC CENTER COUNCIL MEMBER WAGGONER MOVED, AND IT W,\S SECONDED, TO APP!lOVE AGENDA ITEM 11 (c) (1)-RESOLUTION NO. 80, SERIES OF 1999, WITH THE F.lGURE CHANGE. Mayor Bums said they bad gone lhmugh quit< a long process ID get :!!• ~l<Cd IIIP '.i\ll1Jl4 price. Mr. Kahm apologiud for those enor, in math that caused some confusion this evening. Vot<ruullJ: Ayes : Nays : ·n1c motion carri ed . Council Membc:~ Nabholz, Gam:11. Bradshaw, Habenicht, Waggoner Grazulis, Bums None Mr. KahJn said d,c Foundntion will prnccccl He llwlked Counr.il. Mnyor Bums dlOllked Mr. Knhm for all !tis worl< on lhi~ (ii) Dircclor Eaton p-, .entcd a recommendation from the Hwnan Rcsowces Department 10 •~;.,in, an arbilraloc to conduct hearings !:: ::,. v..ucr oJ' the impasse bctwccn the City of Englewood and the Englewood Police Benefit Associt.tinn. Ms. Eaton advised that Council bad~ provided wilh three resumes from which lo choose the arbilralOr. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE HARVEY A. NA THAN AS THE ARBITKA TOR FOR THE ENGLEWOOD POLICE BENEffl ASSOCIATION IMPASSE. Ayes: Nays : TI,c motion canicd. 12 . General Dl1t1111lon (a) Mayo r's Choice Council Members Nabholz, Garret~ Bradshaw, Habenicht. Waggoner Grazulis. Bums None Mayor Bums had no maners to djscuss , (b) Council Membtrs ' Choice Mayor Bums asked if then: ,,..n: any additioaal items that bad not been discussed al the Srudy Session. (i) Council Member Bradshaw said shcj'.st had a quick question. She asked if Clean, Green and Proud came before d,cm with a trash lwilin6 recomrncndation. Mayor Burns said not lately. Ms . Bradshaw asked whal that reconunendation was_ Counci l Member Nabholz said it was referred back 10 Clcnn. Green ,111d Proud. Council Member Ganeu recalled that is was for one hauler. Ms . Nabholz suggested having Mr. Rolh 01 Mr. Slanltorb address dllt. Englewood Cily Counc:i' July 19, 1999 Page 16 Don Roth SlalCd lhat it got rd'er!Od back, although he did not think they ever got so far u to actually ra:ommcnd a one hauler sysl•m. We wore investigating that, hc said. and thc co,.... llllOII& the haulers was lhat they would profcr lhat lllllc,r than a division of the cily. We have dilCIIIICd all of this with than, bul It has been !hr= or four years now, and all of the haulers have shuffled. so It 11 bani IO say what their opinion would be. Council Member Bradshaw said ~'c reason she asked was because she wanted to know ilthc poasibilily of Englewood conlllcting with Dcll\er had been dilCUSlcd. Mr. Roth &aid hc did not thlmt that was ever really investigated. Part of the ,....,. 11 that one of the haulers 11 an En8lcwood bull,-, WIii< Management has 1hcir operation here, 10 wc were looking at it more u a private cnt<rprise, be &aid. Ms. Bradshaw said, after dealing with nWDCIOIIS complainu in Anpaboc Ac,,., about diffemit trash haulers who c:l>ncsc to pick up some days. and not other days. Sometimes they pick up on the day after a holiday, and sometimes they try to pick up oo the holiday, and it gcu wry confusing, she said, and she wondeml if Clean. Green and Proud coula rcvisi< that and look at alternatives. or slalr or whoever. Mr. Roth said if it went to ainlJllCt hauling. thote arc the kinds of thiap that you could lay do Ml as put of the aintract. · Ms. Bradshaw said she does not know ii Council bas any intereSt In that or not but it i< thc wear and tear on our streets. Council Member Habnicht said Ihm, have been so many other things on oor plate that wc haw put that on a back burner. but it is an important issue . Council Member Bradshaw said five different haulers go through bcr neighborhood. Mr. Roth said it is definitely on Clean, Green and Proud's agenda to pick up that Issue and start working on it apio, we just have too many other things before us rigbl now. Council Member Habenicht said let's mO\'C forwanl. I agree with you . Council Member Bradshaw said she wwld like to see that revisited. Mayor Bums said Utcre seemed to be a bias that people ,.,med to l,c rr.c to hire their own trash haulers, and then you <lo get four or live going down the same allC'f. Council Member Garrett asked if it would require a vole of the people to go to a singl e hauler if wc were to impose a tax on them to pay for tltal City Attorney Brotzman said that is actually a fee, 10 you would oat haw to go to Ute voters. Mayor Bums said you might want 10. Council Member Bradshaw said she would think we would want to. She said she would Iii« to have that explored. (ii ) Council Member Nabholz : I. She passed out bcr CML report and said thank you . 2. She Utanked Counc:il and the City Manager 's office for flower.; last Monday . 3. !,he asked for the status of Tim at 4&98 South Llnailn Street She said site has wriltC'n some oc.hers ~Ml for Mr. Scars to check into . 4. She said that Governor Owens has requcstol that elected leaders proclaim July JI, 1999 as • Colondo Cares Days. If there Is sumcthlng that wc ::an do either u a Clean, Green and Proud • Commission, or all the commissionr., she felt that woold be nice. • • Englewood City Council July 19, 1999 Page 17 5. She Sllid she is interested in attenc:ing the Federal Transit AdminiSlnllion. July 26, 1999, here. She Sllid she had the privilc;:c of meeting Gonion Lin too just as he popped his bead in that morning. 6. She said. if no ooc else is going. or intcralcd in going. to the Rail-Volution Coafen:nce in Scplcmbcr, she is intcrcslCd in aucoding. 7. She said she had anodler very bi1 thank you . She n:cci,'Cd a call lasl woek at work, the F'~ Dcpartmmt wa,; at ha house. They showed up quickly and. since her neijbbor had a key, Ibo was gn,ICful they did not have to break down the door. Tiiank you to the Fire Dcpanmcnl. she said. It was jUSI basically a smoke alarm that was directly wirtd, and even though they discoMccted it and took the battery out it was still going on. 8. She thanked Council for allowing her to attend the confcrcn, and for their palicnce with her. Mayor Bums asked if thcrc was a cost associated wiU1 the 26". Ms . Nabholz said yes, it would be S25.00 per person. Mayor Bums said he has been asked by Rm to be active in that and meet with Gordon Linton He i, going to tour the Ught rail line, he added, so he will be in Englewood iOIIIClimc that day. Ms . Nabholz said she bad requcswl to get 0111 day oft as she is very illlereslcd in it 13 . City Manager 's Report (a) Department City Manager Scars said he would pass on Ms . Nabholz ' comments to the Fire (b) Mr. Scars apologized. He said, unfortwlatcly we n:ccived this on July 13" from the Governor's office and nobody knew it was coming. He said he asked all the dcparrmcnts to give him semc ideas, because many corporntiom were also coDlaCICd. He said he 101 a call from Swedish and they have a number of volunteers that arc roady to go do somctbinj. so they arc going to go do this on this Saturday with Dave Lee from our Parks Department do some clean-up types of things Mr. Sears said we will let the Governor 's office know. Council Member Nabholz asked if a proclamation would work . Council Member Bradshaw said we do not have any time left , but"" could retroactively pass it. Mr. Scars said wc will facilitate this and he will ask for more notice next year so wc can work through the community . Counc1! Member Nabholz said there arc cub scout troops that need to cam their community service badge that this would be wonderful for . Mr. Scars said there was no word on this from CML. Counci l Member Grazulis said thcrc was something at CML. but it was with Uic youth thing. and tbcJ passed out posters to us . It was kind ol ~'Cneralizcd, she said, but a lot of churches have jumped on this ana they arc helping out people within their oongrcgation. elderly people especially. Mr. Scars srud lie has asked the ,1eparunents to give him some ideas of things they could do for this weekend . He asked. if they hear of other groups in die community , that they let him know. hla: or Bums said the Metro Mayors' Caucus meets this Friday, and Cal Marsella will be there to rcpon on t'ICi; latest statistics on their Southeast Corridor bond issue, which is alnady getting various kinds of press. Ako, there is a report on support for the DRCOG 2020 Plan generally . Englewood City Council July 19. 1999 Page 18 Mayor Bums said he needs to have a diroct meeting wilh RTD abcul Ille porting situadon II Oxford, because lhey arc nol enlenaining 1h11 righl now . He said he talked lo one oflhclrboard memllen the olhcr day and they do nol lhink lhal is on !heir agenda Mayor Bums said he is very concerned about i~ 111d he was inviled 10 approoch C.,rdon Linton. the FT A Administralor, when he comes In IIOlll Monday to talk about any olher gralll programs at FTA that we might try. He said he spoke to Director SimplOII aboul lhal Friday, also . Council Member Waggoner said he knows we un-enlcr1ained !heir light rail swp al Oxford. Council Member Bradshaw said bccousc ii is in Sheridan. Council Member Habenicht said she thinks we need to look al that. Mayor Bums sairi tl1crc is also a Tri-Cities meeting scheduled for 2:00 p.m .• bul be was Ull00l1lill of lhc dale. City Mao ,.er Sean said he hos asked Director Simpson to coordlnale tha1, 111d Ibey will give Council a call, ~:caJSC he was also unccr1ain of the dale and time . Mayor Bwns said he ,.,.. DOI cenain who was on i• :.st He said he has gone to a lot of these meetings, allhough be was De\c,· on i.hc committee, bul just inten stcd . Council Member Habenicht rofcrring 10 a co=i,ondcncc that she had received, said we an, :be ont:-lhrcc that lhcy have nol received a response from . Council Member Bradshaw asked Y'ho lhc lhrcc were . Ms . Hohenichl said h""!'lf, Mayor Bwns and City Manager Sean. Ms . Habenicht said lhc meeting is 11 2:00 p.nt 011 the 211"' and she would be able to make it Council Memb.,r Bradshaw said she could not make it City Manager Sean said let's soc ifwc can reschedule. He apolog, zed and said they would get back to COIIIICil 011 lhat Ms . Bradshaw said she lhoughl Chai was when "~ were going 10 focus on the Platte River corridor, Oxford and all !hose issues . Council Member Nabholz said same Ching wilh lhc Swedish Task Force. bul I guess you have been meeting . Mr. Scars said we have not met. Council Member Garrct1 said lhc City ofEnglewood 's golf leant was vi 1urious today at the Grmtcr Englewood Chamber of Commerce Tournament. Council Member Grazulis said a person complained 10 her Chai lhcy were trying to get a license plate number off of a car tlw was speeding and it had neon around lhe license plate wilh lhe license plale light lumed off, so it was unrc:,dable. They were wondering what kind of an ordiJwlce we have on that. Division Cltlef Moore said it hos 10 be readable . He asked if she knows who lhc person was . She said no, bul it was complained aboul but not addruscd. Mayor Bums said that isa State law. Division Chief Moore agrml, and said he would talk furthcrwilh Ms . Grazulis al>oul iL • • • • • • Eqlewood City COWICil July 19, 1999 Paael9 14. City Attoracy'1 Report City Attorney BrolZIDIII bad no mattm to dilClm. 15. AdJoa..-1 MAYOR BURNS MOVED TO ADJOURN, The mectinl wu adjoumcd at 9:00 p.nt