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HomeMy WebLinkAbout2003-11-03 (Regular) Meeting Agenda Packet0 ·• • • ... · ..... ,. • .. •• ... -~ .... ... ., . . .. ' •:. . .. • -. .. . . . . . '\. , .. . .. : . Regular City Council Meeting November 3, 2003 •': ... .. ~. :, . . · . Ordina nce ~~78, 79, 80, 81, 82, 83, 84, 85, 86, 87 ./ Resolu t i on # 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95 • ' " • r I . .. • .. . . .•. • 'J .. •• • \, 0 . • J', I ' • • • I ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COWRADO November 3, 2003 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7:40 p.m. 2. Invocation The invocation was given by Council Member Nabholz . 3. Pledae of Allepmce The Pledge of Allegiance was led by Mayor Bradshaw. 4 . Roll Call Present: Absent: A quorum was present . Council Members Nabholz, Grazulis, Garrett, Wolosyn, Yurchick, Bradshaw Council Member Moore Also present : City Manager Sean 5. Minutes City Attorney Broczman Assistant City Manager Aaberty City Ciak Ellis Dim:tor Gryglewicz, Finance and Administrative Services Director Ross, Public Works Dim:tor Olson. Safciy Services Dim:tor Ingle, Information Services (a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF .OCTOBER 20, 2003. Mayor Brad haw asked if there was any discussion or questions. There was none . Vote rtSUlts: Ayes : Nays : Abstain : Absent : Molton carried . 6 . Scheduled Vlslton Council Members Nabholz, Garrett. Wolosyn. Grazulis. Bradshaw None Council Member Yun:hick Council Member Moore (a) Dr . Ed Manniko. w heduled IO addresa Council. but he WU DOC pracnr. • Englewood City Council November 3, 2003 Pagel (J (b) Amy Meyer, '.300 East Yale Avenue, said I am here, to once again address the Council regarding the Bates Logan Park issue. I live a couple of blocks from the park and have been going there, with my faithful and loyal companion of eleven years, for exercise and socialization. I have made many friends with my neighbors and have felt a strong sense of community, which is not there any more, sadly. So, I am in favor of having an appropriate off-leash area, somewhere in the Bates Logan vicinity. But, the main reason I am here tonight is to express my disappointment in the decision making process of the City Council. I have attended many of these meetings, and I have not seen any consistency, nor do I see the Council members representing their constituents. The word, constituent is kind of weird, it sounds like the citizens of Englewood arc of lower stature than the Council members, but, that is not true. You know, you work for me. And guess what, this is your performance review. And, I don't think you arc going to get a raise this year. Well, maybe, Council Member Garrett and Graz.ulis. But, seriously ... back in September, I proactively presented a petition to this Council with almost 100 signatures, just to present a positive front and showing our appreciation for the Bates Logan off-leash privileges. I also asked, at that time, that should there be any risk of those privileges being revoked, that we be given an opportunity to present alternatives or perhaps more signatures. That opportunity never presented itself and here I am without my park. I have also been told ... an e-mail was forwarded to me, supposedly from the Mayor, around the same time period, saying that Bates Logan was not on the chopping block, that that was simply not true. Furthermore, regarding this issue, I have left several messages and e-mails to the Council member representing my district and have never gotten any response . I also attended a Parks and Recreation meeting on September 11 ... which was an entire meeting of Englewood residents voicing their opinion about the off-leash issue at Bates Logan. In closing, the audience was told that this would be discussed in a later meeting of the Parks and Recreation Committee, perhaps in October or November, and they would determine if any action was needed. But, I have never heard anything since then. But, again, apparently action was taken . Also at that time, we presented alternatives for fencing, fund raising. licensing and other options. Shortly thereafter, at another Council meeting that I was not present for, an impromptu VOie was taken by you to revoke the off-leash privileges at Bates Logan. The meeting minutes state that the motion was to make Bates Logan an on-leash park and for Parks and Recreation to look at Emerson as an option. I don't know if this is being done. At the October 2~ Council meeting, a proponent of off-leash privileges made a presentation and had, at the urging of this Council, gathered signatures, over 90 signatures, from people within three blocks of Bates Logan Park. Only seven o(those people opposed any sort of off-leash options. So, my point is, I don't feel like some members of the Council arc representing the majority. And , they arc not exhibiting community leadership, from my perspective. Unless you communicate with me, my perspective is all that I have. From my perspective, the squeaky wheel gets the grease. The anti-off-leash group has been presenting their case to you for quite some time and they finally got their way. So, if that is how decisions arc made by this Council, Council members having to listen to complaints and threats, than I guess, here is my first threat. I will quit my volunteer job delivering food to sick people and come to Co uncil meetings every other Monday night and state my piece. I would rather not do that though, so I urge yo u to please read your past meeting minutes, listen to your l'Oice mails, communicate with your c iti zens who yo u work for . Change my perception. And , while you arc at it, change your deci sion about off-leash privi leges at Bates Logan. Thanks, she said. There was applause. 7. Unscheduled Vlsiton (a} Lorraine Har.son said I live at 3017 South Washington Street near Bates Logan Park. am for o n-leash at Bates Logan Park for a myriad of reasons . My major concern is safety. It should override everything else. You should not mix a small, existing, landscaped community park with dogs o ff- leash . M y son, Ro ry , and I have both been accosted by dogs this year, and this concerns me pally. Rory was charged by two rottweilers in June of this year. and I. after coming home and crossing through the park . was nipped o n my legs and charged by three animals. What bolhercd me. particularly in my incident, because I wasn't with Ro ry at the time. was tht pack-like mentality of the unleashed dogs, which is inhere ntl y dangero us . C hildren, the elderly and the handicapped arc partic ularly vulnerable. There was hnle , if a ny. s upervision o n the part o f the dog o wner. She did not call off her dogs upon my request, e ven ' • • Englewood City Council November 3, 2003 Page3 though they were encircling me in an aggressive manner, along with another dog that wasn't hers. Instead , she reprimanded me for being in an off-leash park. Thirdly, there seems to be a sense of entitlement on the part of the dog owners, without any true accountability in the event someone is injured from a dog-related incident, such as mandatory registration, training and liability insurance. How could you prove their animal bit you? Also, how many off-leash dogs arc covered by liability insurance? Most home policies do not cover dogs, due to the increased number of dog bites and aggressive attacks. It is unfair to expect people to contend with loose dogs, in a neighborhood park, who could pose a threat to them or their children. l implore you to consider the safety of your citizenry and keep Bates Logan an on-leash community park. Thank you, she said. There was applause. Mayor Bradshaw said for those of you who arc out in the audience, we have already made that decision this evening. It was in Study Session. It is to uphold the vote of October 20111• It will remain on-leash at Bates Logan Park. There was applause. Council Member Grazulis said I have been, of course, in favor of all of the off-leash parks, except I do have an issue with this particular one, because there is so much concern pro and con. When you start to deal with a park, that had so much pro and con, you have to consider the issue of the safety of the people. It is not working at that particular park. I would like to find something in the vicinity of Bates Logan that would work. That, of course, is up to Parks and Recreation. Ms. Grazulis said I would just like to consider another area in the north area there, so that the people in that vicinity don't lose an off-leash area. (b) Louise Marshall, 3021 South Logan Street, said, I am very upset by your decision, because I was sent a letter by your Council stating that if I had an opinion on this issue, to please present it to the City Council at this meeting. So, I am here. Mayor Bradshaw said you were sent a letter from us? She answered, yes, I was. Would you like for me to send it to you? Anyway, I would like to read you my letter that I typed for you tonight. She read from her letter. I am asking you to consider a few points prior to making any decision in the resolution of the Bates Logan Park off-leash dog problem. Unfortunately, this issue has caused bitterness and frustration within the neighborhood and bas negatively affccred the community surrounding the park. There arc bard feelings on bolh sides. The daily off-leash dog owners in Englewood arc a large community. If the problem is not resolved at Bates Logan. the problem will only move to another location. I have been going to Jason Park and the off-leash users have increased from I person the week you closed Bates to 15 people ( 15-20 dogs) tonight 11/3/03 at 5 :30 p.m. We arc not going Lo go away. 2. Compromise, compromise, compromise. You have alienared 75% of the daily users of Bates Logan Park. I have kept a daily log of the number of park users during the normal times that 1 would take my dog off-leash there. Herc arc the results: Friday 1004/03 4 :15 p.m. zero people at the park; Monday 10/27/03 4 : 10 p.m. zero people at the park; Tuesday 1008/03 6:30 p .m. zero people at the park; Wednesday 10/29/03 4 :30 p .m . 3 supervised children in the playground and 2 unsupervised children on the playing field; Thursday 10/30/03 4 :30 p.m . zero people at the park; Friday 10/31/03 4:30 p.m. zero people at the park; Saturday 11/01/03 4 :00 p.m. zero people at the park; Sunday 11/02/03 2 :30 p .m . zero people at the park; Monday 11/03/03 5 :00 p .m. zero people in the park. It upsets me that on 8 out of 9 days the park was not being used at all and the daily off-leash dog users were excluded from using it, even though no one else was there. This seems a bit like discrimination to me . Where are all the family park users? It appears to me that the s upporters of the family park concept, want the park empty, except for when they choose to use it , instead of compromisi ng for all users. I understand that there arc times when the park is over utilized and that there arc conflict and safety issues at band . Soccer mornings, summers and nice days arc difficult times and there is going to be conflict if everyone wants to use the park . I have a few suggeitions for compromise so that all of the neighborhood community can use this park. Reslricred and posred off- leash dog hours. That way one could choose to avoid the off-leash dogs, by not being at the park when they arc allowed 10 run. This would also allow soccer games or ocher scheduled cvclllS 10 be unilllemlplCd by the dog community. Garbage containers with lids to contain the feces smell in the summer. like Highlands Ranch. Fenced in area for off-leash dogs and owners without restricred hours or numben. We re blocks from Denver neighborhoods and there is a lot of conflict about Denver residents using our parks, ho~cvcr. $O rne of our neighbors arc Denver residents. Let's not get into the habit of restricting pubhc t I . • • - Englewood City Council November 3, 2003 Page4 places, only because of map boundaries. Please, please, please, compromise for all of the park users. Thank you for your time and the energy that you have put into the resolution of this issue. There was applause . (c) Jane Sigler, 555 East Cornell, said my property borders the park and it is not fun . I didn't protest when the park first went to a no-leash park, but, at that time my grandson was not able to walk in the park with me. When he was, I could not let him anywhere on the grass, not just because of the dog feces all over everything but, because of the chance that a dog would be in the park, which he might run toward, attracting the dog toward him. It is a big safety issue. It's not just for the kids ... it's for other dogs. I have talked to my vet and he said he was not for it, because of the injuries from dogfights he has had to treat. I have seen the dogfights and I have seen the size of the dogs, and the numbers of the dogs and I really qucstion ... ifthe landlords have the right to restrict the number of dogs in Englewood, maybe they should restrict the size or something, or maybe people's judgment is a little bit skewed. Englewood doesn't have very big yards for the most pan . Our dog has a big yard, and heir. a big dog. He has never been in the park . If people want to run to the park and exercise, that is great. Run with your dog and have it tightly leashed and under control, but make sure it is. Dogs are attracted to children, they are attracted to little vehicles ... like strollers, the dog is right at mouth height for the poor child. A lot of people, I think, are unaware of this . I have seen people with strollers and with their dogs. It is not really a smart trick. Another problem I have noticed, with the park being a no leash park, is the flies . We had flies this year in my yard, even at night, it was very odd and I think that was the reason . I can't think of any other reason . We didn't have many mosquitoes .. .it was odd. Strays head for the park too. II is a familiar place and it probably smells very welcoming to them, but there are dogs there and there is no one in charge of them . I think that is a fact that maybe a lot of people don't know. As far as denying use of our parks to the Denver visitors, we ccnainly aren't. We do use Denver parks. but our dogs don't run free in them. There was a point. I think, where they did at Washington Park. They changed it. I would lilcc to thank the Council for being so approachable on the subject and even though the decision has been made, I hope it is something that will stay that way. I know there are always ways of compromising and doing things differently. There are two lovely grassy places, if the dogs need that, near Bates Logan Park, one on Amherst and Washington and one over on Emerson. Maybe those people would enjoy having the dogs there. I don't know, but I don't think the children need to give up their parks in Englewood, for dogs. There was applause. (d) Jay Schneiders, 2980 South Emerson Sueet, said I don't have a great deal prepared and will try not to prattle on. I understand I come from a simpler time, kind of an older guy, and it is always surprisi ng to me to hear the children versus dogs dichotomy. I know I grew up in a different time, but dogs. for heavens sake. they weren't even on leashes when I grew up, and they kind of went from house to house and people fed them. And, okay, Old Yeller was a while ago, but this whole notion that children and dogs are somehow antithetical, is just a little unusual to me . Public safety is important to me, I am a doctor over at Swedish. It is of crucial notc ... l don't like the idea of children having dog poop on their soccer fields and I think that needs to be rigorously controlled, not just by well meaning people. And there are way to do this. I think it is easy to do. But public safety is a complex issue. II would be safer to have a stop light at every corner in Englewood or a stop sign. I don't think that is an arguable position. But we don't do it, and we don't do it because there is a tradeoff between absolute public safety. of sorts. and the public good, in terms of responsibility that we take in monitoring our children. whatever it might be. You have made your vote. You have decided and that is your prerogative. Like Amy Meyer. I have questions and I am d,shcanened by how the procC55 has gone. It makes me sad to see that. I hoped for more from you as a group. But, it seems to me that thi is a larger community issue. When the dos police in Denver arc sending people to Bates Logan. so they don't have to deal with dos 1>8fks over there. thal crealel • huge problem. We don't want 50 clop in one place. None of us wbo lives 1'ere and walks the part wanlS thal. We would hke to have a small group . So. I am going to uk that )'OU, u a group. take some vision here. Th, has been filled with rancor. and bitterness and scolding and mean spintcdneu. I would hke to see me v, ,on fro m you, our elected official . I would like )'OU to concact the Denver City Council. I would h._e you to onUICt the Denver Parks and Recreation people and say, whal can 111,-e do u a taraer communu~ to ta._c the heat off of each other. to provide for thi large community of people who wan1 and feel ' • • Engkwood City Council November 3, 2003 Pages 0 comfortable and safe with their animals, love their animals and want to be in the community at large. And, I think if you folks were to put some pressure on Denver, that might be helpful, and I would like to sec that. Thank you very much . There was applause. {c) Jill Wilson, 3061 South Grant Street. said I would like to bring up two main issues, solutions for the park and expectations of the City Council . I want you to know ... this is a program that works. The American Kennel Club has a web page telling people how to create off-leash parks. They support the concept. We have addressed all the issues and recommended the following compromises to make this a successful venture that can be enjoyed by every member of the community. Park sites: Bates Logan, Emerson, Clarkson. Parks, outside of these, would not be in the Bates Logan neighborhood. Fenced in areas could help contain the dogs. It would allow a specific place where the community could meet. Scheduled times would also work, in the morning from 6 to 9 and in the evening from 5 to 8. In addition to these compromises, I would like to address some issues that have been raised over the last year regarding concerns about the dog park, such as health, safety, budget, educating dog owners and City liability. Health ... right now there arc waste pickup bags supplied by the community, covered trash cans, scheduling a monthly park cleanup day for the park users. Safety: Code enforcement patrol, who arc already doing an excellent job. Community monitoring: which is already done across the country at dog parks. When the parks have people in them, it is a good, inexpensive way to deter crime. Budget: charging fees for residents and non-residents similar to what Parks and Recreation docs now. The park users could organize fundraiscrs and donations. Another vital sign that must be handled, is the education of dog owners. This can easily be addressed by passing out flyers throughout the community with pct owner information, having dog trainers come to :he park and give mini training sessions. City liability: post a sign with the rules: owners arc legally responsible for their dogs and any injuries caused by them, puppies and dogs must be properly licensed, inoculated and healthy animals should wear a collar and ID tags at all times, owners must clean up after their dogs. dogs showing aggression towards people or other animals will be removed from the park, animals who exhibit a history of aggressive behavior will not be permitted, puppies using the park must be at least four months old, owners should not leave their dogs unattended or allowed out of sight if young children arc permitted in the dog park-they too should be under constant supervision, dogs in heat will not be allowed inside the park, owners must carry a leash at all times, dogs should be leashed before entering and prior to leaving the park. violators will be subject to removal from the park and suspension of park privileges. My expectations for this City Council arc : they rcprcscnt everyone. Dog parks arc a great place for owners to meet other people with common interests. The love people share for their dogs reaches beyond economic and social barriers and helps to foster a sense of community. Dog owners deserve a part of the park pie, with other special use groups ... like baseball, soccer and basketball. On the Englewood city web page, there is an organizational chan ... al the top arc the citizens of Englewood. City Council hold elected positions and they arc to serve all of the citizens. Thank you . There was applause. {I) Mary Bassel!, 3026 South Sherman Street, said I live two blocks from the dog park. I had written a speech to give to you and I will probably refer back to it . However, I am very concerned about what the exercise of last Monday was . I was looking to sec if this was a way to bring our community back together again regarding this issue, to look for compromise, to look .. .in your own words ... for a win/win situation. From the sounds of ii ... from the Study Session ... it appears that this did not happen. There was a presentation by the person who monitored ... who did an excellent job monitoring last Monday's mceting ... and yet, all of that seemed to have been thrown out the window. And. nothing was learned from that. I have a big concern about that , because I WIS seeing that IS something that could bring thi s community back together again. As you arc seeing tonight , as you have seen with the presentations so far, there is a side here looking for compromise. We arc seeing an empty park, that doesn't have children in it in the mornings, that isn't being used in that sort of way. I sec the opportunity being lost, to use that park to bring a community ... to bring a neighborhood together. I sec a heart of a community, in the Bates Logan neighborhood, being torn out. Now referring back to some of the speech I wroce, I am also concerned about a couple of issues. One .. .I am concerned that our Code Enforcement and policemen arc usmg their time going over to Bates Logan to have to enforce a rule of off-leash and on-leash, when there t .· .. .. • • Englewood City Councll November 3, 2003 Page6 0 are no children there, when there isn 't a question of safety, when their time would be more wisely spent, policing our neighborhoods and making our neighborhoods safe. I am also concerned about a couple words that have been used in this discussion . The first word is family. For some reason, family has been turned into somebody who docs not believe in off-leash or allowing dogs to socialize. I will disagree with that and I have many people who support me on that, who also disagree with that. For me, my family is my dogs ... my family is my neighborhood . This allowed me to use Bates Logan and meet and say hello to my family . The word dog has somehow turned into some kind of wolf-like creature whose main issue, whose main purpose in life, is to defecate on people's lawns and to go up and bite children. This is not the case . Children arc somehow always afraid of dogs, that the main reason they arc not using the park, is because they arc afraid of dogs. I tend to disagree . I have met many families who actually take their children to Bates Logan for the express purpose of being able to be near dogs . Bates Logan is the largest park in our area . It is an empty park, as you have heard in an earlier discussion. It's not that there is a ton of children there right now. If you were to go there right now , it would be empty. If you were to go there at 7 o'clock tomorrow morning, that park would probably be empty. I can't say, I don't know ... but it has been in the past and I am sure it will be in the future . An empty park, an unused park is a waste of taxpayer's money. This park was a way to bring the community together and that has been taken away. Finally, I urge the Council to realize that this issue has not been resolved. That there arc plenty of people here who arc looking for a compromise, who arc still looking for that win/win situation that can utilize Bates Logan in ways that the whole neighborhood can benefit from it. Thank you. There was applause. (g) Kelly Aynn, 2901 South Clarkson Street, said I live on the corner of Clarkson and Bates. 1 did have a speech, but since the decision has already been made, I will just be very brief, as 1 certainly don't need to beat a dead horse. Thank you for your decision on this issue. Honestly, I am opposed to having an off-leash dog park for several reasons, which you have heard endlessly, so I won't repeat them . However, this has divided our community a little bit and that saddens me, because these arc my neighbors, these arc people that I live with. Whether you arc a dog person or a people person or a little bit of both, it is just a little sad to sec this . That's my point, that's all I wanted to say on that. But, I really do look forward to the future where there will be a place for people, which would be the Bates Logan Park, which is a people park and a place for dogs and people with dogs, and people who have families of dogs and neighbors, to go to and be a part of the community as well . So, I appreciate you finally coming to some point and maybe we are at some sort of point where this will not even be an issue, and everybody can start coming back together. Thank you very much for your time and have a great night. There was applause . (h) Colleen Bowen, 661 East Bates Avenue, said I would like to ask my neighbor to please come forward and hold my map for me. This is a map of the homes most immediately adjacent to Bates Logan Park. What thi s map represents is 104 visited residences in the last 72 hours. There arc 247 people represented, 64 dogs represented, 91 % of the people represented would like Bates Logan Park to remain an on-leash park . 94% of the dogs represented would like Bates Logan Park to remain an on-leash park . The green represents homes in the neighborhood that want Bates Logan on-leash. The gray represents no opinion. Yellow represents residents who want Bates Logan off-leash . And , the numbers represent, in the top corner, the number of persons living in the home and the bottom corner is the number of dogs living in the home. A co uple of things ... I spoke on the phone this morning with the number one person in charge at the Health -One Swedish Medical Center Child Development Center. That is IW<>blocks south of Bates Logan Park and about three blocks north of Swedish . This day care facility services many of the doctors and nurses and other workers at Swedish Medical Center. Their oldest students at the center are the four and five year olds known as the Tigers and their teacher, who has been their teacher for 7 years in that clas. room, used to regularly walk her children to the park to enjoy the park and has stopped doing so, because of off-leash . She is very glad to be able to do so and is hopeful that she will continue to be able to do so with the on-leash status of Bates Logan . And the last thing I would like to share is that I have 13 signatures from the residents most adjacent to Emerson Park asking the Council and the Mayor, not to make Emerson Park a considerati o n for off-leash because of its very small size. I don't know what the acreage is, but if yo u will notice , there arc only 4 home si tes on Emerson Park . There are just 2 home sites to the north and there arc approx1matcly, 4 llome si te s on the west . It is a very small park . This neighborhood would have ' ... .. • • Enalewood City Council November 3, 2003 Page7 an overwhelmingly negative impact were it to become an off-leash dog park. I don't think we should take the difficulties we have had at Bates Logan and shift them over to Emerson . The last comment is that I do believe there is a viable solution for both sides that would meet the needs of every single constituent on both sides of this issue, and it is a tiny, skinny little piece of fabric called a leash . I do believe that every single thing can be enjoyed and benefited from with the use of a leash. The fellowship you guys are so enjoying among one another, can be enjoyed when you meet and walk your dogs together in the park on leashes . The safety of the children, and the elderly I met over the course of the las t three days, who are afraid now to walk in the park, and are glad, I'm sure, to be able to walk again . That will be protected with the leash . So, please consider the leash your friend. Thank you . There was applause. (i) Chuck Nour, 3904 South Pearl Street, said I am not here tonight as a citizen, I am here tonight as the Englewood Soccer Board. We have tried to be as neutral as possible with this . I have talked to both sides and I think I have tried to be as neutral as possible with both sides. The problems that we have seen at Bates Logan , and I am speaking of the soccer field, nothing else, is the dog feces, the urine , the dogs running on the field in the middle of the soccer game, chasing after soccer balls, chasing after kids, interrupting soccer practices, and picking up the cones ... has now shifted from Bates Logan to Jason Park . It concerns us, that is why we stepped in . We tried to be as even keel as possible on this, but the children 's safety is our first desire . I am a parent, I'm a coach, and I'm a dog owner. I am all of the above , but when you know your dog has defecated on a soccer field, you clean it up to the best of your ability . You cannot clean it up 100%. At 11 o'clock on a Saturday afternoon, we have a soccer game . At 12 o 'clock your dog shows up and at I o 'clock we have a soccer game. There is no way that that field is clean . We have kids sliding , we have kids falling, we have kids getting scrapes and that leads to infection. As the Soccer Board, we feel safety has to become the number one priority. Dog owner, non-dog owner, parent, non-parent, whatever, the children's safety has to become number one. Tonight you guys made a decision , I am not going to say · it is a good decision or a bad decision . Again, we arc trying to stay as neutral as possible. The only reason we are here is to make the point that our children's safety has to become number one. Any time there is a soccer field or a baseball field, that is not a place for a dog to be able to urinate , defecate or whatever. That is all I have to say . As a referee, I have had to go clean up dog feces in the middle of a game . I have had to stop a game, because I haven't seen it. All the things that were happening and all the complaints that were happening at BalCS Logan, have now shifted to Jason Parlt. Three weeks ago we had a soccer practice, on an average, in the hour practice that we were there, there were 6 to 12 groups of people with their dogs in the middle of a soccer field. Jason Park is one of the largest parks that the Soccer Association uses . It is also the largest field. If you can 't find a space in Jason Park. besides the soccer field , it is not because you are not trying, it is because you don't want to . We felt it was kind of directed toward us. because we are complaining about the fields . Like I said, I would have no problem if any park was an off-leash park, as long as you could encompass my soccer field for the safety of the kids . Same thing with baseball . I'm also a baseball coach. I have 6-year old T-ball kids that go sliding, because they think it is fun at Jason Park. They are sliding. We have had kids that have literally sat in it. Now, you have to tell a 6-ycar old that we have to go clean you off right now and change your clothes in the middle of a soccer game . So, like I sa id , I am not here to be for or against , I am j ust here to bring up the sa fet y of th e ki ds . Thank yo u ve ry muc h for yo ur time . There was applause. Mayor Bradshaw thanked Mr. No ur . 8. Communications, Proc:lanmiom and Appolaa-ts (a) A leucr from Edna Blair indicating her resignation from the Englewood Code Enforce ment Ad visory Committee was considered . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF EDNA BLAIR FROM THE ENGLEWOOD CODE ENFORCEMENT ADVISORY COMM11TEE. • • Eqlewood City Council November 3, 2003 Pqe8 Council Member Wolosyn said it is really sad to have Edna not be involved in the City, but even sadder is her loss . There was discussion regarding sending flowers or something to Edna as she has been on the committee for a long time. Mayor Bradshaw suggested sending flowers to Edna or conttibuting to a charity, or something. She said Edna has served on many boards and commissions for the City and she has just lost her husband . Council Member Wolosyn said I know it is very hard for her to even have to resign, as you can tell by her letter. Mayor Bradshaw said let's have Leigh AM write a letter that we will all sign . Vote result&: Ayes: Nays : Absent: Motion carried . 9. Public Hearlag Council Members Nabholz, GUTCtt, Wolosyn, Yurchick, Grazulis, Bradshaw None Council Member Moore No public hearing was scheduled before Council. 10. Co111ent Agenda COUNCIL MEMBER GARRE'IT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I) AND 10 (c) (I), (a) Approval of Ordinances on First Reading (i) COUNCIL BIIL NO. 76, INTRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE CLEANING UP CERTAIN ERRORS AND OMISSIONS IN CLARIFYING IN THE ENGLEWOOD MUNICIPAL CODE 2000 BY AMENDING TITLE 4, TITLE 7, TITLE 8, TITLE II, TITLE 12, TITLE 15 AND TITLE 16. (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (Sec Agenda Item 11 -Regular Agenda .) (c) Resolutions and Motions (i) CONSTRUCTION CONTRACT WITH CONCRETE WORKS OF COLORADO, INC ., lN THE AMOUNT OF $211,190.50, FOR CONSTRUCTION OF THE U.S. 285 SIDEWALK PROJECT . Vote results: Ayes : Nays : Absent : Moti on carried . 11 . Rrplar A&enda Council Members Nabholz, Garrett. Wolosyn, Yurchick, Grazulis , Bradshaw None Council Member Moore .. t • • Enalewood City Council November 3, 2003 Page9 (a) Approval of Ordinances on First Reading (i) Director Ross presented a recommendation from the Department of Public Works to consider a bill for an ordinance directing Public Works to install an all -way Stop at West Tufts Avenue and Knox Court, and to set a Public Hearing on this matter for November 17 , 2003 . He said in September the Public Works Department received a petition that indicated 33 households in the area, encompassing the 4500 and 4600 blocks of South Julian Street, South King Street and Knox Court, and as well as along West Tufts Avenue between Lowell and Irving, desire an all-way stop to be placed at the intersection of Knox Court and West Tufts Avenue. At the City Council Study Session on October 20"', the City Council indicated that they wiahcd to accede to the desires of the residents, against the recommendations of City staff and the Englewood Transportation Advisory Committee. The Municipal Code allows the City Council to veto the City Traffic Engineer, after holding a public hearing on the matter and then receiving testimony about the issue . So, staff, therefore, recommends that City Council set a public hearing on Monday, November 17* in order to gather public input, in order to determine whether 1\1fts Avenue and Knox Coun should be an all-way stop controlled intersection . Mayor Bradshaw noted the City Attorney said it is in the Code that we must have a Public Hearing . She said I don't remember us doing that before . City Attorney Brotzman said in previous cases ... four-way stops around schools ... the traffic engineer acquiesced as to those stop signs. Mr. Ross said that is correct. Mayor Bradshaw said, on this one, the traffic engineer will not acquiesce to it. Mr. Ross said I can 't do it. Council Member Grazulis said it took me ten years to get the school four -way stops, which should be common sense , and only because they changed the rules in the middle of it. I would like to have thought it was something I had done , but its just because I had persisted , so you know bow I will vote on it on the 17"',. if I am allowed . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I)-COUNCIL BILL NO. 77 AND TO SET A PUBLIC HEARING ON THIS MATTER FOR NOVEMBER 17, 2003. . COUN CIL BILL NO . 77 , INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE PROVIDING FOR THE INSTAIJ..ATION OF AU..-WAY STOP SIGNS AT KNOX COURT AND TUFTS A VENUE IN THE CITY OF ENGLEWOOD , COLORADO . Vote results: Ayes : Nays : Ab sent : Motio n carried . Co unc il Members Nabhol z, Garrett , Wolosyn , Yurchick, Graz ul is, Bradshaw None Council Member Moore Mayor Brad shaw sa id the Pu blic Hearing is set for November 17, 2003 at 7:30 p.m. in Council Chamben. Mayo r Bradsha w thanked Director Ross . (b) Approval of Ord inances on Second Re.ding Englewood City CouncU November 3, 2003 Page 10 COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 11 (b) (I) AND (U). (i) ORDINANCE NO . 76, SERIES OF 2003 (COUNCIL BILL NO. 72, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 2004. (ii) ORDINANCE NO . 77, SERIES OF 2003 (COUNCIL BILL NO. 73, INTRODUCED BY COUNCIL MEMBER GRAZULIS) AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY I, 2004, AND ENDING DECEMBER 31, 2004, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2004. Vote results: Ayes : Nays: Absent: Motion carried. Council Members Nabholz, Garren, Wolosyn, Yun:hick. Grazulis, Bradshaw None Council Member Moore (c) Resolutions and Motions There were no additional resolutions or mocions submitted for approval. (See Agenda Item IO -Consent Agenda.) 12 . General Dllcuuion (a) Mayor's Choice (i) Mayor Bradshaw said, publicly , I would like to thank Mr. Ross and staff for the excellent job you did with the Union Avenue Bridge. There was not one complaint and we replaced the whole bridge . We put in things that stopped traffic , with Waste Management going by five days a week and all that. Good job, she said. (b) Council Members ' Choice [Clerk's note : Agenda Item 12 (b) (i)-was listed as a motion regarding the off-leash designation at Bates Logan Park . See Mayor Bradshaw's comment on page 3.] (i) Council Member Nabholz : I . She said we discussed this in Study Session, the motion regardin& the off-leash desi\nation at Bates Loga n Park . The motion to return Bates Lopn to on-leuc wu approved on Oc10ber 6 , we went to compromise October 20• and we met with both sides last Monday . Aftrr the meetin&, I was approached by one of the sides, as to what else they could do. I think both sides have ~ a lot, but I firmly believe that park is still too small for off-leash . ' .. • • Englewood City Council November 3, 2003 Page 11 2. She said the motion regarding the purchase of used computer equipment. . .I had asked that Council take under consideration the purchase of my computer equipment from the City of Englewood, which I have had for a little over six years . There was a letter in your packet from Don Ingle . 3. She said my son Nick, the Mayflower Church and hopefully City employees and City Council can get involved in the donation of videos, CDs, and clothing for the House of Hope . I received another letter today that they arc doing good, but they could use some more stuff. I will check with Lou Ellis as to where he can set up a box, but he is doing that once again. Mayor Bradshaw said the House of Hope is the homeless shelter for families in Englewood . Mayor Bradshaw said we need a sponsor for the motion regarding the purchase of used computer equipment. [Clerk 's note : This was listed as item 12 (b) (ii) on the Agenda .] Council Member Garrett said we have a memo in front of us that estimates the market value at $100.00. COUNCIL MEMBER GARRETI MOVED, AND IT WAS SECONDED, TBA T $100.00 IS THE APPROPRIATE AMOUNT FOR SELLING THE COMPUTER STRIPPED OF ITS SOFTWARE, WHICH IS REQUIRED BY THE LICENSE AGREEMENTS WE HA VE WITH OUR SOFTWARE PROVIDERS. Ayes : Nays: Abstain: Absent : Motion carried . Council Members Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw None Council Member Nabholz Council Member Moore • •••• Mayor Bradshaw said kudos to Council Member Wolosyn for working on the parade , serving on the Parade Committee and also for the Art Award our kids received. Council Member Wolosyn said I didn't have much to do with the Art Award . Mayor Bradshaw said well, you were part of the facilitation of that. 13. City Manager's Report City Manager Sears did not have any matters to bring before Council . 14 . City Attorney's Report City Att orne y Brotzman did not have any matters to bring before Council. 15. AdJou~nt .,___,...._~~--'--D;;;..S_H"""A~ MO~, ?;RN Tho ....... U,-d" 8lO'p.m t .. .• • • AGENDA FOR THE REGUlAR MEmNG OF THE ENGLEWOOD CITY COUNCIL MONDAY, NOVEMBER 3, 2003 7:30P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. Q. "£/o ~ 2 . Invocation. ~ 3 . Pledge of Allegiance. ~ 4. RollCall. ?~ /~(/141'~ 5 . Minutes. liMIJd 5-0~ a. Minutes f~'\m the Regular City Council meeting of October 20, 200~ -T(iifin.tJJ: 'I~ f o 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) a. D~ will be present to address City Council regarding Bates Logan Park. . , · • b . Amy Meyer will be present to address City Council regarding Bates Logan Park. (a) Lorraine Hanson (d ) Jay Schneiders (g) Kell y A ynn 7 . Unschedul ed V isitors . (b) Louise Marshal l (e) Jill Wilson (h) Coll een Bo we n (c ) Jane Sigler (f) Mary Bassett (i) Chuck Nour •. ALL UNSC HEDUL ED VIS ITORS SPOKE REGARDING BATES LOGA N-OFF·LEAS WO N-LEAS H ISSUE ,8 . Commun ications,•Proclam ations, and Appointments (j~ 1_ )r Letter from Edna Blair i dica ·ng h er res ignation from the Englewood Code Enforcement vrr "'" <Pc/ Advisory Committee. 9 . Public Hearing. (None Sch eduled) r-----------------------------1:·'.-:-=--:-----.. Plea no te: If you have a disabilily and need ~ aids or services, p!Nse notify the 01y of Englewood (3 03-7 62 -2405 ) a l leas t 48 hours in advance of when services are needed. Tori • • Englewood City Council Agenda November 3, 2003 Page 2 Ollbd(p-a ~ ~ # t!H,,,hv ~~ . .,//~o.ConsentAgenda. -ff --rv'-~ /j£1'.y-/0d./ a. Approval of Ordinances on First Reading. i. Council Bill No. 76 -Recommendation from the Department of Finance and ?\"amlnistrative Services, City Clerk's Office, to adopt a bill for an ordinance cleaning up and clarifying various sections of the Englewood Municipal Code 2000. STAFF SOURCE: Frank Gryglewicz, Finance Director, and Loucrllhla Effis, City Cleric. b. Approval of Ordinances on Second Reading. ,(fr c. Resolutions and Motions. i. Recommendation from the Department of Public Works to approve, b't'. motion, a construction contract for construction of the U.S. 285 Sidewalk Project Staff recommends awarding the bid to the lowest bidder, Concrete Works of Colorado, Inc., in the amount of $211, 190.SO. STAFF SOURCE: Ken ROIi, Director of Public Works. 11. Regular Agenda. a. Approval of Ordinances on First Reading. /; -D i. Council Bill No. 77 -Recommendation from the Department of~ Pbl Worlcs to · consider a bill for an ordinance directing Public Works to Install an Way Stop at West Tufts Avenue and Knox Court, and to set a Public Hearing on th ,.~o~~~v:"'ber AJJ-jn // 'ft 17, 2003. STAFF SOURCE: Ken Rou, Directorof PubllcWorb. vv~ · b. Approval of Ordinances on Second Reading. tJM,/ ~~'· Council Bill No. 72, adopting the 2004 Budget for the City of Englewooc' ',.,prove amended). 0 l!lJJI/ '7 i . ouncil Bill No. 73, appropriating the City of Englewood's 2004 Budget (appro amended). c. Resolutions and Motions. f:Y Please note: If you have d disability and need auxiliary aids or lefVices. ple.ase notify the City of fllslewood (3 03 -7 62 -2405) at least 48 hours In advance of when services are needed . Tori ou. . Englewood City Council Agenda November 3, 2003 Page 3 t 2. General Discussion. a. Mayor's Choice. b. Council Members' Choice. I. Motion regarding the off-leash designation at Bates Logan Park. Motion reurdlna the owchase of used computer equipment GARU1T MOVD> 1'IIA T ··-. THE Al'l'ltOnlAff AMOUNT ma SELLING TIIE COMPUTER OF ffl SOl"IWAIUt WRICH •1UtQlJIDD BY TIU: LICENSE AGUEMENTS WE HA VE R 00. SOPTWAU PllOVIDDS. 8er'S Report t 4. City Attorneys Report The following minutes were transmitted to City Council between October 17 and 30, 2003: • Englewood Pairade Commillee meelinl of September 10, 2003 • Entlewo<>d P.tcs and Recreallon Commluion meeting of September 11, 2003 • Entlewo<>d "'-*'1111d zcnn1 comrms1on mee11n1 of September 21. 2001 lwve a dtwbilily and need auicillary aids or services, pluse notify the Clly of Enalewood ast 48 houn in advance of when services are needed . Thank AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, NOVEMBER 3, 2003 7:30 P.M. Englewood Civic Center -Council Ch ambers 1000 Englewood Parkway Englewood , CO 80110 1. Call to order. r;:L/c) ~ 2. In v ocation . ~ 3. Pledge of Allegiance. ~ 4. Ro llCall. ?~ /~(JX4t'~ 5 . Minutes. 11kl>li 5-().-f a. Minutes f~'\m the Regular City Council meeting of October 20, 200~ -f (,Wia-llJ: '/{),/!,tll~ /' {/ 6. Sc heduled Visitors. (Please limit your presentation to ten minutes.) a. D~ will be present to address City Council regarding Bates Logan Park . b. Am y M eye~ w ill be present to address City Council regarding Bates Logan Park. 7. Unscheduled Visi to rs. ((ba)) Lo rrain e Han so n (d) Jay Schnculcrs (a) Kelly Fl)nn Louise Marshal l (e) Jill Wil son (h) Collttn Bowen (c) Jane Sigler (I) Mary Busett (1) Ch11d. Now ALL UNSC HEDULED VIS ITORS SPOKE RE GARDING BA TES LOGAN-Off.L£.\S l lf0,.1.usn ISSl [ 8. Communications, Proclamat ions, and Appointments (JJ¥l'hll I. A letter from Edna Blai r i,n.~a}jn g her resig nation from the Englewood Code Enforcement '"'T/-"" I.Pc/ Ad vi sory Committ ee. W1't'7'--- 9. Publi c Hearing. (None Sc heduled) Please no te: If yo u ha ve a disability and nel!d aux~~I') aid i3 03 -i62 -2-1 05 ) al least 48 hours in advance of when • t • • • [ngl ewood City Counci l Age nda November 3, 2003 Page 2 a. Approval of Ordinances on First Reading . i. Council Bill No. 76 -Recommendation from the Department of Finance and Affmmistrative Services, City Clerk's Office, to adopt a bill for an ordinance cleaning up and clarifying various sections of the Englewood Municipal Code 2000. STAFF SOURCE: Frank Gryglewicz, Finance Director, and Loucrishia Ellis, City Clerk. b. Approval of Ordinances on Second Reading . ~ c. Resolutions and Motions. i. Recommendation from the Department of Public Works to approve, by motion, a construction contract for construction of the U.S . 285 Sidewalk Project Staff recommends awarding the bid to the lowest bidder, Concrete Works of Colorado, Inc., in \he amount of $211,190.50. STAFF SOURCE: Ken Ross, Director of Public Works. 11. Regular Agenda . a. Approval of Ordinances on First Reading. l -O i. Council Bill No. 77 -Recommendation from the Department of Public Works to 1 19 f!::):p. consider a bill for an ordinance directing Public Works to install an All-Way Stop at West ~ / Tufts Avenue and Knox Court, and to set a Public Hearing on this m7;~0A~~v~mber W fl f // /1 fa 17, 2003. STAFF SOURCE: Ken Ross, Director of Public Works . VV ~ b. Approval of Ordinances on Second Reading. oM,.:/1 '7t, ~1. Council Bill No. 72, adopting the 2004 Budget for the City of Englewood (approve amended). 0 ,V,llrJW'AI (/7.J/1-1/ r; i . ouncil Bill No. 73, appropriating the City of Englewood's 2004 Budget (appro amended). , c. Resolutions and Motions. fr Pl eas e note· If you have a disability and need auxiliary aids or sel'ices, ple.ue notify the Citv of En~ (303-7 6 2-2 405 ) at least 48 hours in advance of when services are nttded. Thri ~ou t • • Englewood Cily Council Agenda November 3, 2003 Page 3 12 . General Discussion . a. Mayor's Choice. b. Council Members' Choice. i. Motion regarding the off-leash designation at Bates Logan Park. ~ c::--"'1-/ ~1i. Motion reRardinR the purchase of used computer equipment J -V GARRETT MOVED THAT $100.00 IS THE APPROPRIATE AMOUNT FOR SELLING THE COMPUTER { /tJ: Al/liM TRlPPED OF ITS SOFl'WARE WBJCH ts ·REQUIRED BY THE LICENSE AGREEMENTS WE HAVE 1TH OUR SOFTWARE PROVIDERS. 13 . City nager's Report. 14. City Attorney's Report Adjournment. er iJO fUv'-- The following minutes were transmitted to City Council between October 17 and 30, 2003: • Englewood Parade Committee meeting of September 10, 2003 • Englewood Parks and Recreation Commission meeting of September 11, 2003 • Englewood Planning and Zoning Commission meeting of September 23, 2003 Pl ease note : If you have a disability and need auxiliary aids or services, please notify the City of Englewood f3 03 -i62-2 40 5) at least 48 hours in advance of when services are needed. Thank you. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session October 20, 2003 1. Call to Order The regular meeting of !he Englewood City Council was called to order by Mayor Bradshaw al 7:33 p.m. 2. Invocation The invocation was given by Council Member Nabholz . 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Bradshaw. 4 . Roll Call Present Absent A quorum was present. Also present: 5. Minutes Council Members Nabholz, Moore, Grazulis, Garrell, Wolosyn, Bradshaw Council Member Yurchick City Manager Scars City Allomcy Brotzman Assistant City Manager Aaheny City Clerk Ellis Director Gryglewicz, Finance and Administrative Services Director Olson, Safety Services (a ) COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 6, 2003. Ma )'o r Bra dshaw as ked if there were an y corrections o r additions . There were none . Vote results: Ayes : Nays : Absent : Mo tio n ~arried . 6 Scheduled Visitors Counc il Members Nabholz. Moore , Garrell, Wo losyn, Grazulis. Bradshaw No ne Counc il Member Yurchick t a l Mary Ba,,cn. 30:?6 South Sherman Street , said the reason I am here is 10 represent a nd 10 1al ~ Jbnu1 the Bare L<>g an dog park . And . ,pcdlicall y. what went on two \leeks ago . regarding the re m<1v JI 0 1 the o ff-lea h pn v1 legcs . Bas icall y. because I ha ve been 10 .everal o fthc.e Council meeung s "here bmh \I de ha, e present ed the ir iss ues. I fe ll I "as seeing n 101 o f the same peo ple. Whal l didn 't ,cc • • • Englewood City Council Oclober 20, 2003 Page 2 0 0 happening, was a lo t o f constructi ve dial og. What I was seeing was a lot of people stating their case and then sini ng down. but there was no constructive dialog going on. This got me to thinking that . perhaps, what went o n two weeks ago. was a retlection of a small group of people rather than a whole group of p.: pie, especially the community. I can s peak only for myself in that I felt that the park was a wonderful benefit to the community. and allowed me to meet a lot of my neighbors . I felt that when it was off-leash, I got a chance to meet and communicate a lol of what was going on in the neighborhood with my comm unity. I became a little more reflective and you will have to bear with me. My background is teac hing and business, so you are going to see some business thing.sand M>me teaching things . I just got through going to a meeting where people were reflective and I got to thinking. maybe it was time 10 get retlective of the decision that was made and to look at the core issues of what really was going on. And, abo get a chance to talk to people in the neighborhood about their lhoughts and feelings ... 10 talk to 1hose "ho arcn 't represented in lhese Council mcclings. So, !here are many 1hings I did. First . and foremo>l. I gut a chance 10 sit and talk wilh some of my neighbors regarding this issue and lhc decision. The things that we came up with . are that there arc many solutions 1ha1 could have been in place , to 1alk abou1 Bales Logan o ff-leash . In particular. what were the causes of 1he decision 10 remove lhc off-leash privileges, because this is a park 1hat has been off-leash for several years . In talking 10 my neighbors, what I came away with , is 1ha1 it had gotten too crowded. Not only had gotten 100 crowded, it had gotten too crowded at a certain time of the day, especially when children were present. Many of my neighbors came back to me and talked to me regarding this, and said thal their biggest concern at the time, was making sure there wa, a time for off-leash . that there was a time for them 10 utilize the park, but also 1ha1 there was a time that the park would be spent for 01her lhings as well , that the park would be better utilized . I got to talking and conve rsing with them. and I really go1 some feedback on some of the concerns they were having as well as my own ... especially in the las11wo weeks. I just wanted to share some of lhcsc concerns. The biggest concern is thal 1he park is now empty. Where 1hc park had, al one poinl, been full and there had been a lot of people utilizing the park. now there arc very few people who ulilizc the park and for lhe mos1 part 1hey use it in the aflernoon or the evenings . This park is, for the mos1 part, cmply . S0mc1hing 1ha1 I fell was a misuse o f a communily inves1mcn1 . This is 1hc business side of me coming oul. Essentially saying, 1ha1 here is something we arc invcs1ing our time. our money and our Englewood Parks and Recreation people to kee p this place beautiful. and yc1. ii was remaining empty since this off-leash issue was 1alked abou1 and the park be,ame o n-leash. The other concern 1ha1 was voiced 10 me, was 1ha1 1hcrc were many solu1ions to so lving a particular issue. in 1his case. thal the park was over u1ilizcd at a certain lime of 1hc day and 1ha1 these 1s:,ues weren't discussed . Ra1her , it was just a quick on-or-off switch 1ypc i»uc. th:11 there wasn'1 an a,tujl stt ·down a nd lei's discuss the issues in a construc1ive manner. from both sades . I fell that there needed 10 be a 1ime where both sides could quielly present their arguments and discuss n rather than .:o mrng up. giving just o ne point of view and 1hcn sntmg down . So. 1hcsc were some of lhc concerns 1ha1 \\ere co ming up . And again. whal was 1hc problem ? We were seeing that 1hc b1ggcs1 problem was that there \\Cre certain times of the day where the park wa, extensively~. and almost 10 an ex1rcmc . For rn ,tan.:e . th.:re' were times. a nd I will ha ve to admit, tha1 there were more dogs lherc than lhc park co uld pr,Jbabl y ho ld . I asked my neighbors. and I uc1ually polled a 101 of my neighbors in the neighborhood . and I j,ked ,ome o ther people as well to do the sa me thing . We all got together at my house 10 1alk . We wanted to poll the neighborhood to see what their feelings were mwards the park and a ny soluti o ns that \\Ould .:ome to mind . I have these pelitions. she said. We ac 1uall y had a c hance 10 talk to over 84 people rn a nd around the park . Out of those. we had 77 who wan1ed some sor1 of off-leash area in their communny . Keep in mind that I kepi it, usually, within about lhrec blocks of the park. We really didn 'I go much further chan chat , though a co uple people slipped the ir names in tha1 were a lilllc further off. bu1 we allowed them lO vo ice their opi ni o n. because we fell that it was imporlant . The main consensus was. that yes. they wanted ,o me sort of off-leash area at Bates Logan . Fencing was discussed and Ii cnsing was another 1s,ue 1ha t ,omeone was discussing. We also considered looking at how 1ha1 park was uulized and a1 \\ha1 time . Ob, 1o u,I). 1t looked like rn the afternoon and evening was the time chat the socce r people were coming and th 1, \\a the ume that the child ren were coming from After School lo use the park . Maybe 1hat would be th e ume ,ct a,tde for o n-leash and. m the morning, say from about 6:00 to 9 :00. that would be an off-lc:uh u me . It wo uld be a good umc to build the community through the dog people m the .:ommumty who ., a nt e d ,ome o ff-l eash ume for their dog Jnd some oc1aliza11on . Also, that would be 1he umc . that tho,c ' .. I• • • ---· Englewood City Council October 20, 2003 Page3 pe o ple who we re more concerned about the dogs being off-leash , could set aside and not go to the park . I did ,ome qui c k numbers ... again this is m y bus iness side ... and if Bates Logan was an off-leash park. say from 6 :00 to 9 :00, that wo uld be a toral of 21 hours in an entire week. If you figure the park is open 16 ho urs a day, that is only 18 per cenl of the entire park usage. So it really isn 't that much they arc asking fo r. ye t yo u have to look at the community investment that you are making . By having a time for the se peo ple to meet, to greet and to have their dogs socialize and for them to socialize. you are actually making that park wo rk for the community. The other thing I wanted to bring up that did come across from the group. is that they felt that this was an issue that had been brewing over several months, that over several months this issue had grown . I have been to many of these Council meetings. where different people have come up and said their piece and explained their issue and how they arc for or against it . and you have heard a lot of these smrics. Something that has happened. that has taken three to four months to brew, won 't be completely resolved in a very shon period of time. There needs to be some constructive dialogue o n both sides. With that in mind , I'm also concerned about my community. I am concerned that by not having some off-leash time in our community during this constructive time, that we are going to lose an investment that has occurred over the last two years in bringing our community members together. So. what I am proposing to the Council is a shon-tcrm way that we can bring off-leash back. by having this morning time and then take time to really sit down with constructive dialogue and sec some other options that were proposed, especially, when we were talking with the neighborhood ... whether it be fencing , whether it be to look at when the park is used. For instance, in the middle of January when it is 20 degrees outside ... that might be a time when we could extend off-leash time, because that is the time they would pro bably use the park as opposed to somebody who is coming there for a picnic. h probably wouldn't be a picni c day in the park in the middle of January. So that is a question of ours. The main thing I want to get down to is that this discussion really and truly needs to take place. We need to bring people in the neighborhood together to talk about it . I am hoping that the Council will consider what I have brought fonh today and that we can find a constructive solution to bring our community back together again, because it has not happened yet and it needs to. Mayo r Bradshaw thanked Ms. Bassett. 7. Unscheduled Visitors a) Kathy DiMarco. 701 East Bates Avenue. said I am here this evening to discuss and thank yo u fo r yo ur decision at the last Council meeting regarding Bates Logan Park. So. members of City Co undl and Madame Mayor. thank you once again for the opportunity to address the Council. First of all. I want to say thank yo u for the decision to place the dogs. at Bates Logan Park. back on their leashes. Yo ur dec is i n ha s made it pQssible for families to safely return to their neighborhood park . Many of my nei ghbors ha ve told me how nice it is to visit the park again. Every time we visit , or just drive by, I am happ y to see the c hildren pla yi ng in the playgro und again. The kids arc shooting hoops once more and there are lots o f kids o n the soccer field . I have also noticed many an errant dog whose owner just doesn ·1 ge1 11 . and think s the y are ge tting away with something by allowing their dogs to run loose through the: pa rk. I know there are n\any dog owners who are unhappy with thi s decis io n and I would c hallen ge them to understand that this is not a defeat fo r them. h is an o pponunity foJ them to look for an appropriatO' location fo r a real dog park . That is no t the family park at Bates Logan . I feel compelled to remind them that it is not j us t my o pinio n that dogs sho uld be kept on leases in public places, but it is the opinion of the American Kennel Club. the Humane Society, the Dumb Friends League, The American Society of Plastic S ur geons, 1he Cent e rs for Di sease Control and the American Academy of Emergency Medicine. The dern,o n to leas h the dogs at Bates Logan Park is something that needed to happen to keep our children sak As mu c h as yo u care for yo ur dogs. all dogs c an bite. And. nobody. especially a c hild, sho uld have to end ure 1he phy ,cal o r emotional trauma associated wnh a preventable dog bite. l know they believe their d,>g ; Jre \\Cll behaved and I know the y believe 1hcy have them under control. but the truth ,s. they are nl y J under , ntrol as the dog allow them to be . There arc seatbelt laws. there arc la-.s regill'ding the remo val o t \M\\ frn m s ,de\\alks. and there are many laws designed and in place fo r the safety nd \\C lfarc o f the .:111zen, Keeping dogs o n leashe; m public pla es ,s o ne f those la\\S . AllO\•ing dogs oif-lc:ish f m 6 ,00 ,. t • • - 0 Englewood City Council October 20, 2003 Page.i D- 10 9 :00 is nol a feasible compromise . It is 1elling children no t 10 play soccer until after 9 :00. It is tellin g pa rents thal !he park isn ·1 safe for early morning play at the playground . 6 :00 to 9 :00 is too early for me and my neighbors to have 10 deal wi1h barking dogs and dogfights. There is nol a good time to ha ve dogs off-lea,h al Bares Logan. his nol a matter of compromise. it is a matter of safety . Whal dog owners wan!. is 10 be able 10 all o w their dogs to run wild . Thank you for understanding that what they want direc1ly impedes upon the safety of 1he community. What they need is a dog park . They need a place that is large enough to handle the population of dogs that overran Bates Logan. A dog park should have enough space fo r a dog run . It should have adequate waste and water facilities. It should be able to accommodate large and small dogs. And most of all. ii should be a place where children, and others who do not want to be approac hed by off-leash dogs. are separated by a fence high enough to contain the dogs. Bates Logan Park is a family park . It is not appropriate, safe or wise to allow off-leash dogs there. Thank you again for your deci sion. h was a good decision. It was the right decision and it continues lo be the only decision appropriate for Bates Logan Park. Good luck. as you must continue 10 defend the safety of the citizens of Englewood. Stand by your decision and do not let our park go back to the dogs. Thank you for your time . b) Dave Bensch. 3201 South Elati Street. said I am here to call attention to Cushing Park . I live a couple of blocks away from the park and I have been seeing an increase in crime. trash, kids running up and d o wn the street. barreling through our neighborhood. 10 get down 10 the park . A couple of my neighbors and I attended the Parks and Recreation meeting at the beginning of October and I haven 't go tten a respo nse from them yet. That is why we arc here 10 voice our opinion tonight and make you guys aware of the problems that we are seeing in our neighborhood. There is a skate park down at Cushing Park and I understand that it is open from dawn to dusk . However, the park stays open, Cushing Park itself. stays open until 11 o'clock at night . My neighbors and I really kind of sec this as a problem. We feel there is nothing productive going on down at the park after dark. Many times, we have seen police officers running up and down the street, quite rapidly, after dark. from things going on down there. There are no lights ... no real lights ... for organized activities such as soccer games. baseball games, or what have you. If there were o rganized activities going on down there, then our views would be a little bit different. But, we feel that it is kids going down there raising Cain. I don't know exactly when it happened. but on Sunday we saw a bunch o f the trash barrels down ther~ floating in the little pond . I. myself. saw trash barrels dumped over and just strewn about the park . I don't know how it happens. but a lot of the wind carries that straight up the street and right into my yard . I am getting really sick and tired of picking u·ash up from my yard. as well as gettin g stuff stolen from my shed . Between my truck getting ransacked and stuff getting stolen o ut o f my shed , it has cost me about 5600.00 in the last year . One of my neighbors had a purebred boxer puppy stolen o ut of his yard recently. Another neighbor. within the last couple of years. has had some vandalism at his pl :u:e. There is graffiti happening . It is all bringing crime to our neighborhood. I've got neighbors that w,11 101 let their kids go down 10 the park unsupervised due to some of the activities that arc going o n do " n there . I. myse lf, have no t really seen any drug trafficking . nor would I really even know what that is. but I am ,ure it is going o n down there. There wa s a police related shooting down there a couple month s ago. as well. I had just walked my dog down at the park . about a month ago. and saw some kids racing up and down the ,1ree1s and I had a word wi th them. I then thought twice about ha vmg a word wit h them, bec ause they knew where I lived . There are quite a lo t of kids that hang o ut in group s down there . I don 't feel ,afe expressi ng to them that they need to slow down through my neighborhood and then they would know where I live. I am afraid of retaliatio n. I take my dog down there often. because it is right by my ho use . I was down there la st week. as a mailer of fact. and I saw these two little kids raci ng off o n their bikes ... "get o ut of here, get out of here" ... and there was a clan o f kids c hasi ng them. About ten minutes la ter . the kid 's fa ther c ame down and was defendin g hi s so n. It ,s a bad thing 10 have that park o pen after Jark . The Parks and Recreati o n Department sa id they review crime statistic s fr o m that park. I think. e ve ry ,ummer. I would encoura ge them to go within a five-block radius around the park. They might no t be ~atching c nme that is happening JI the park in our neighborhood . :\IJ)Or Bradshaw thanked ;\Ir. Bensch . ' ... ,, • • Englewood City Council October 20, 2003 Page S c) John Griswold. 3202 South Fox Street. said thank you very much for your time tonight. We appreciate i1. I overheard in the meeting next door ... we were actually coming here, but wound up over there ... and I heard the words community pride and improvement in spirit. I think all of us. my neighbors here tonight , have made huge contributions to the value of our property. both financial and the work we put into it. None of us want to move. I think we all do have pride in our homes. On the way down here tonight . going past the park David was speaking of, we were passed by a speeding Bronco that was probably going 40 miles per hour. It tears down the alley, dust kicking up and I know that right up the alley is a little kid very close on his tricycle. l think, just to kind of build a little bit on what he is talking about. we heard from a reputable source that the police and fire budgets have been slashed, in favor of artistic improvements, which I fully support. I think we also know when we do grow as a community, we have to look at existing infrastructures and be able to support the growth that sometimes comes along with those things. All my neighbors have suffered some form of vandalism and theft and/or some kind of a crime related incident. .. possibly kids high or bored or something. I don't know who throws trash cans in a pond. but most older people don't. So, anyway, I will make this short. I just wanted everyone to look at possibly bolstering the police and fire a little bit more and supporting them. If it is a matter of money. I think if we stuck a radar gun and a cop next to Eastman and Fox, you would be able to cover just about any costs. Thank you very much for your time, I appreciate it. Mayor Bradshaw thanked Mr. Griswold. d) Bruce Geller, 3155 South Elati Street, said I just wanted to take this opportunity, before this current Council's term ends, to express my thanks to Council Member Nabholz for listening to me and talking with me over the years about things in our neighborhood that I could not control. I am sorry to see her leave the Council and if I could vote for her again, I would. Thanks Ann. Council Member Nabholz said thank you Bruce, that was thoughtful. ••••• Mayor Bradshaw said Mr. Griswold, we haven't laid off police and fire . Mr. Griswold replied that actually is what I have been hearing from several different sources. Mayor Bradshaw said I know some of the candidates have been saying that. but we have not laid off ,police and fire . Mr. Griswold said are you saying fire and police personnel is right where it was five years ago'I Ma yor Bradshaw asked Director Olson if he would respond to that . Director Olson sai d we are below where we were five years ago if you just look statistically at that and budget is related 10 a lot of that. We have had a lot of specialized units out there ... like the Impact Team. the Traffic Team and so forth. and we ha ve had to cut back on some of that JUSt to support our patrol ac11v111es . We have tried to keep them at the strength that we "think is comfortable, which is usually be tween 33 and 36 officers . But based on five years ago. we are below that number. We arc attempting to keep the acti vit y level s up to where they should be . We know there are a lot of concerns out there about the number o f o fficers o n the street, and that varies . Right now we have several people that arc injured, on long-term disabilities . a nd so forth . It is just tough to replace those people at this point in time. It is a real ,aryrng stat1 s11 c. but I guess I would have to say.just from live years ago. that we probably would be below that number at thi s point in time . Mr. Griswold said I was just wondenng if you were going to be hiring . Ma yo r Brad shaw said the head tax would help . Mr. Olson sai d plca.e vote . Vote for the head tax. that will help. Ma yo r Bradshaw ;aid abso lutel y. e I L. Sa nderso n. 4000 South Aco ma Street, said I am here to express my concern about the South Broadway Plan. being a ho meo wner and law abiding, very proud Englc\\ood citizen for actually 13 ~eJrs ... no t Jt the ,ume residence . I o wn a home that wJs built in 1926 Jnd I am very concerned that thu, 1; ' • • Englewood City Council October 20, 2003 Page6 go in g to be o ne o f the unattractive. misfit home s that isn 't going lo fit in with the So uth Broadwa y Plan . Thal is all. she said . May or Bradshaw said have you attended the forums on the South Broadway Plan? Ms. Sanderson replied I hadn't heard about them until I got the flyer on my front door. Mayor Bradshaw said well the thing is . the South Broadway Plan is for just that, South Broadway . Ms. Sanderson said not the properties that are a bl oc k away? Mayor Bradshaw said no . 8 . Communications, Proclamations and Appointments There were no communications, proclamations or appointments. 9 . Public Hearing No public hearing was scheduled before Council. 10. Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (Sec Agenda Item 11 -Regular Agenda .) (b) Approval of Ordinances on Second Reading COUNCIL MEMBER GARRETI MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I), (II), (W) and (Iv) ON SECOND READING. (i) ORDINANCE NO. 69, SERIES OF 2003 (COUNCIL BILL NO. 67, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZING THE EXTENSION OF A LEASE AGREEMENT BETWEEN ABC, INC .. THE CITY OF ENGLEWOOD AND THE CITY OF LITTLETON . (ii ) ORDINANCE NO . 70, SERIES OF '.!003 (COUNCIL BILL NO. 68, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDEMNITY AGREEMEN:r PERT INING TO THE CONSTRUCTION OF A PORCH LOCATED AT 2931 SOUTH W ASHlNGTON ENC ROACHING 2 5 FE T INTO THE REQUIRED FRONT SETBACK AND APPROXIMATELY 1.2 FEET INTO THE PUBLIC RJGHT -OF-WA Y. _ (ii t) ORDINANCE NO . 7 1, SERIES OF 2003 (COUNCIL BILL NO . 69 , t:,.rf RODUCED BY COUN CIL MEMBER GARRETT) \:-l O RDINANCE AMENDING TITLE 11, CHAPTER 3. SECTION 4. OF THE ENGLEWOOD \.I U NIC IPAL CODE '.!000. PERT AlNl'.'IG TO ENCROACHMENTS lNTO THE PUBLIC RIGHT-OF- W A Y . r ,v) ORDINANCE NO . 7'.!, SERlES OF '.!003 tCOUNCIL BILL NO . 70 . INT RODUC ED BY COU C IL MEMBER GARRETT ) t • • Englewood City Council October 20, 2003 Page 7 AN ORDINANCE FOR APPROVAL OF A CONSTRUCTION EASEMENT AND LICENSE AGRE EMENT FOR THE FIRST CHURCH OF CHRIST, SCIENTIST AT 3701 S. LOGAN STREET. ENGLEWOOD , COLORADO Mayo r Bradshaw asked if there were any comments or discussion. There were none. Vote results: Ayes: Nays: Absent : Moti on carried . Council Members Nabholz. Moore. Garrett. Wolosyn, Grazulis. Bradshaw None Council Member Yurchick (c) Resolutions and Motions There were no additional resolutions or motions . (Sec Agenda Item 11 -Regular Agenda .) 11. Regular Agenda (a) Approval of Ordinances on First Reading (i) Director Gryglewicz presented a recommendation from the Depanmcnt of Finance and Administrative Services to amend the bill for an ordinance adopting the 2004 Budget for the Cit y of Englewood and to approve the ordinance on first reading. He said the council bill before you approves the 2004 Budget for the City of Englewood . Also you have a motion before you making changes to the budget that was continued until tonighL I would like to make one comment. he said. because I believe one other addition has to be made to the motion, and that is for the General Fund to change the beginning Fund Balance from $5,145 ,331.00 to $4.805,617 .00. And what that reflects, is a possible transfer 10 the Servicenter Fund for a property purchase. That may or may not happen in 2003 . It could happen in '.!004 . But the Fund Balance will remain at 10 per cent estimated for 2004. Mayor Bradshaw sa id whi ch is what we asked you for, to get more real numbers and h get back to us. Mr. Gryglewicz said the se are th e so lid numbers and Council was provided with the reconciliation from the numbet's that were pre;emed two weeks ago . The changes in this motion are the actual changes to the budget . Mayor Brads ha w ,a,d does that include the money for the positions that were reinstalCd? Director Gryglewicz sa id yes. So . Ma y r Brad haw said. thi s includes the police and fire positions that we put back in . Director Gryg lewicz aid II includes all the change that were made and recommended at the Budget Retreat . It also incl ud es th e tran sfer o f the poss ible propeny purchase to the Servicenter and it also reflects the .t 0~.000 .00 tr :m;fer fro m the Capital Projects Fund . You will see that the :K.-tual increase to the Capi!.al Proi ccts Fund fro m th e Ent e rpri se Fund . is ac tuall y mo re . but o nl y S402.000.00 is being transferred to th e General Fund . !\l.1)0r Bradsha, ,a,d so. in essence. \\C ha,e two d ifferent agenda items. We ha ve Council 8111 7'.! and Council 8 111 73 . Yo u J USI ex plained both o f them '/ Mr. Gryglewicz sa,d are you talking the .1pp m pnauo n, i T he app ro pnauo n ,s the actual legal authority to spend 1he fund s and there ,s al so a mot ion 1her~ to mend 1he Ca pua! Proj ects Fund . !\1a)or Brads haw sai d o kay, so \\C "ill take the se I\\O items se parately. An y quesu o ns o n Agenda hem 11 1al Iii. Cou nc il 8 111 o . ~7 There \\ere none. c ot:. CIL l\lEl\lBER GARRETT c\lOVED • .\ND IT WAS SECONDED. TO APPROVE AGENDA ITDI 11 (u l II) -CO NCIL BILL NO. 72 AS AMENDED B\' COUNCIL COMMUNICATION D.\ TED O TOBER w. 2003 A:SD FURTHER AMENDED B\' THE VERBAL DELINIA TION or THE C H.\:SGE INF ND BAUNCE. ,. ' .:.., ..• .. • • Englewood City Council October 20, 2003 Page 8 COUNC U. BILL NO. 72. INTRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD. COLORADO. FOR THE FISCAL YEAR 2004. Ma yo r Bradshaw said Frank, thank you so much for coming back with this. Vote results: Ayes : Nays: Absent : Mo tion carried . Council Members Nabholz. Moore, Garrett. Wolosyn, Grazulis, Bradshaw None Council Member Yurchick (ii) Director Gryglewicz presented a recommendation from the Depanment of Finance and Administrative Services to amend the bill fo, an ordinance appropriating the City of Englewood's 2004 Budget and to approve the ordinance on first reading. He said this just amends the spending and the only fund that was affected was the Capital Projects Fund . COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Ii) -COUNCIL BILL NO. 73 AS AMENDED. COUNCIL B[LL NO. 73, INTRODUCED BY COUNCIL MEMBER GRAZULIS A BU.L FOR AN ORDINANCE APPROPRIATING MONrES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO. IN THE ASCAL YEAR BEGINNING JANUARY I. 2004, AND ENDING DECEMBER 31, 2004. CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE ASCAL YEAR 2004. Vote results: Ayes : Council Members Nabholz. Moore. Garrett. Wolosyn. Grazulis. Bradshaw ' Nays: None Absent : Council Member Yurchick Mo 1i o n carried . (b) Approval o f Ordinances o n Second Reading considered . (i) Coun ci l Bill No. 7 1, approvin g the 2003 Mill Le vy for co llec ti o n in 2004 was C O U NCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITE!\I 11 (b ) (i) -ORDINANCE NO. 73, SERIES OF 2003. ORD INANCE 0 . 73, S ERCES OF 2003 (COUNCil. Bll.L NO . 7 1. INTRODUCED BY CO C IL ME MBER WOLOSYN ) A.''1 ORD INANCE FIXI NG THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED \' . .\LUA TION OF ALL T AX ABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD. COLORADO \·ot e results: Ayes : Counc i l Mem bers Na bh o lz. Moore , Garrett. Wo losyn , ,, t ..... • • Englewood City Council October 20, 2003 Page9 Motion carried . Nays: Absent : Grazulis, Bradshaw None Council Member Yurchick (ii ) Council Bill No. 74, approving the 2004 Budget for the Littleton/Englewood Wastewater Treatment Plant was considered. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM l l (b) (Ii) -ORDINANCE NO. 74, SERIES OF 2003. ORDINANCE NO . 74, SERIES OF 2003 (COUNCIL BILL NO . 74, INTRODUCED BY COUNCIL MEMBER GRAZULIS) AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE ASCAL YEAR 2004. Vote results: Motion carried . Ayes : Nays : Absent: Council Members Nabholz, Moore. Garrett, Wolosyn, Grazulis, Bradshaw None Council Member Yurchick (iii) Council Bill No. 75 , appropriating the 2004 Budget for the Littleton/Englewood Wastewater Treatment Plant was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (W) -ORDINANCE NO. 75, SERIES OF 2003. ORDINANCE NO. 75. SERIES OF 2003 (COUNCIL Bll..L NO. 75, !NTRODUCED BY COUNCIL MEMBER GRAZULIS) AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE ASCAL YEAR BEGINNING JANUARY I , 2004. AND ENDING DECEMBER 31, 2004, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE ASCAL YEAR 2004. Vote results : Ayes : Nays: A bsent : Mou o n carried . Counc il Members Nabholz , Moore, Garrell, Wolosyn . Grazulis, Bradshaw None Council Member Y urchick (ci Reso luti ons and Mouo ns (i) A re o mmcndation from the Department of Finance and Adm1nistranve Sen ,ces 10 adop: a re,oluu o n tr ans ferring funds from the Capital Projec ts Fund to the General Fund wa~ considered . COUNCIL '.\IEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITE:\I 11 lCJ (I) -RESOL TION NO. 83. SERIES OF 2003. • • Englewood Cily Council October 20, 2003 Page 10 RESOLUTION NO. 83. SERIES OF 2003 A RESOLUTION TO TRANSFER FUNDS FROM THE CAPITAL PROJECTS FUND (CPF) TO THE GENERAL FUND FOR IBIS PROJECT LEASE PAYMENTS . Vote results: Ayes: Nays : Absent: Motion carried. 12. General Discussion (a) Mayor's Choice Council Members Nabholz , Moore , Garren, Wolosyn, Grazulis, Bradshaw None Council Member Yurchick (i) Mayor Bradshaw said I just wanted to remind you that our family , in memory of my mother, my father and my grandmother, purchased a stained glass window that depicts the Tuileries Gardens that was in Englewood in the early I 900's. It is now hanging in the library. It is beautiful. We will have the official dedication in November, she said. (ii ) Mayor Bradshaw said as far as what Ms. Bassett has presented, I want to thank yo u for your efforts and your rational view ... asking for 3 out of 24 hours is very reasonable. I do think that we need to get both factions together. I don't think that it can be my way or your way, I think it has to be o ur way and in the best interest of our citizens. So al this point, I am going to move that we try Ms. Bassett's proposal at Bates Logan Park. Council Member Wo losyn said you know we had this discussion last week, where we were going to step back and there are a couple of people in the community, who I really respect, and I think they will agree wi th thi s, but I would really like to just talk to them about it . We did talk about that last week . Actually ir was some of these very people who asked us to not make decisions in this manner. Mayor Brads haw said yes, I am just putting it on the table, then you people vote as you sec fit. Council Member Wo losyn said correct me if I'm wrong. but didn 't we talk about having a procedure to deal with this . Didn ·, we agree to ha ve a procedure? Council Member Garren said II wasn 't a procedure. I think ir was a recommendation. Ms. Wolosy n said o kay. O r. Ma)or Brad;haw ,aid . hould we refer II to Parks and Recreation? Ms . Wolosyn said no I don 'r rhmk "e ,hould refer 11 to Parks and Rec Council Member Garrett agreed w11h Ms. Wolosyn . ~la)o r BrJcbhaw ,a,d .o. an y"'a). I move that we tr y that for a month . '.\IA YOR BRADSHA \V MO ED. AND IT WAS SECONDED, THAT WE TRY MS. BA~ETT'S PROPOSAL AT BA TES LOGAN PARK FOR A MONTH. ~l a)O r Brad ha" a;~ed 1f there was any d1 uss1on . ounc ,I Member . abho lz ;aid I think II \\OU)d be ruce ,f Mike Yurch1ck were here 10 b.i,e his input . t • • Englewood C ity Council October 20, 2003 Page II Council Member W o losyn sai d 1ha1 I can tell you 1ha1 if we vo le I will probably vo le for th is, because ii is in the spi rit of what I wa nt ed, if we are go ing to try ii fo r a mo nth . Bui what arc yo u guys thinkin g'' Mayor Brad sha w said why don't we just all talk about it. Ms. Wolosyn said we are supposed to be talking and not swinging like a pendulum. Coun ci l Member Nabho lz said I think it compromises how I voted two weeks ago. Like Mr. Garrett said, no, it d oes n't need to be taken back to Parks and Rec . We started this in January. Meeting. both with the peo ple who love to bring their dogs to the park, the people that live close to the park or blocks away that love the park . We started on a cold day in January trying to come to a compromise and here we are at the end of October and there has been no compromise, no willingness and that is when I said, enough is enough. I will not compromise my vote. I stand very firm that that park is too small to be a dog park, and I will not compromise my vote. Council Member Garrett said nobody abstained from this. I will vote for this if it comes back in a couple of weeks. because I think it is a reasonable compromise. It was one of the things discussed two weeks ago. that Parks and Rec was look ing at. I think that there arc people here that would probably oppose s uch a concept. Las t time I was not happy with the process. as ccnain people weren't here when we voted on it , because they didn't know it was on the agenda. I didn't think that was fair , and, likewise, I don't think it is fair to bring it up. in my view, today. When we all should know that in two weeks we may be voting o n a compro mise . I think that way everybody will have an opponunity to speak. Council Member Moore sa id I do like the idea, I do like the prospect of the compromise. I think it is something to consider. I don't want to act too hastily, so I vote to get it on the agenda ... 10 have Mike Yurchick ba ck. It was determined that another council member would be absent at the next mc:eting . So Mayor Bradshaw said, you won't have a full Council either way. Council Member Moore said but I would still agree. I would rather us make sure we are slowly and me thodica lly considering all o f these compromise issues. Mayor Bradshaw said okay. I would like to see both groups get together and bring us proposals. That would be the ideal thing . I really think that we are a community and I think thal that could happen. Council Member Grazulis said I like the idea of compromise. and not knowing who is going to be where. whe n. I will go with waiting two weeks. but I think maybe we need to vote on it at that time. I just don't wam 10 see it disappcar ... from what I ha ve been working on also. Mayo r Bradshaw said my concern i two wrongs don't make a nght. And, yes. I am a dog owner, and I love my dogs and yes. I do control them and yes we do go 10 off-leash parks. Wt. have been known to go 10 ,ome lea,h park, on a bad day, bu! my concern 1s. "e took away a right from a vc:ry small grcup of peo ple wuh that de.:1sion . My voting for that was saying. get 11 over. be done with 11 and not actually hcanng fr o m the co mmunuy 1ha1 this is a community event. This I something that helps single people ,n 1ha1 area feel ,a fer and those kinds of considerations. So my concern 1s, "hat harm wo uld II be to try II for a momh. If the ,ommunily is no! willing to get t0gc1hc:r with a compromise and we arc gomg 10 be pol:mzed ... dogs ... no dogs ... then the Council needs 10 make a decision. Now why not try a pilot for a mo nth '' Counc1 l l\lember Nabho lz said I 1hough1 we had made a dec1s1on two -.eeks ago. So now we go back to B a1c; Logan Park .1nd take down all the s ign s that ;,ay lh1 ,s no longer an off-leash park. So then we put up ;,,gm, 1ha1 say ... fro m the hours from a.m. 10 9 a .m. yo u ,an ha,c your dog off-leash. • • • Englewood City Council October 20, 2003 Page 12 Mayor Bradshaw said the issue with the morning thing. that I think you will find out, is that it will work as the big proliferation of dogs came in the afternoon and evening. People would let their dogs off. they would drop them off a bl oc k or two blocks away. and let them run to the park. This stops the proliferati on of the Denve r dogs . I was talking Lo Council President Wedgeworth. Council Member MacKenzie and Council Member Boigon on Thursday. I said you guys have really messed up our City by not putting in the dog parks as you said you were going to. I don 't know that our residents have to pay that price . I said when we have 60 dogs at Bates Logan Park. that is scary. I've driven up there and there were too many dogs. I didn 't even let my dogs out. We went somewhere else. That is very scary. But to deprive some o f our citizens of what they see as their right as a citizen in Englewood, I think is wrong . I don't think 21 hours of on-leash and 3 hours off-leash is that bad . Council Member Nabholz said I would like to go back to one of the comments that I remember Council Member Yurchick making two weeks ago ... correct me if I am wrong ... numbcr one is that we have 5 and now this makes 4 dog parks. Mayor Bradshaw said we might be down less . Ms. Nabholz said that is what I'm saying, I think I have tried to compromise, I've tried to listen to both sides. I don't feel I made a rash decision or listened to just the minority of dog owners. just the minority of property owners, just the minority of Denver dog people. I think the park is too small. period. I won 't comment again. Council Member Wolosyn said arc we allowed to abstain from a vote? I would much rather do that ... just in the spirit of the procedure we agreed upon as a Council, informally. last week. City Attorney Brotzman said to abstain you need a conflict. Ms. Wolosyn said that is what I thought. Mayor Bradshaw said, and the conflict is? Mr. Brotzman said that means you have a financial or personal conflict. In response to Council Member Garrett, City Attorney Brotzman said under Council policy you may not abstain. You ac tually i1avc to articulate the reason that you abstained and it has to be a conflict. Mayor Bradshaw called for the question. Council Member Moore said we talked about something similar. If this vote goes forward tonight. and there are no t sufficient ycs's, can it be brought up again at the next meeting or is there a delay? Attorney Brotzman said this is not an ordinance, so this one may be brought up again . Mayor Bradshaw said regardless of how this comes out, you two groups have got to talk to each other. You have to . Counci l Member Wo losyn said because you know· what, it is supposed to be a community park with off- leash privileges and I think the proposal is a wonderful compromise to keeping it that and not making it a dog park . And that is what I would like everybody to go home and really think about it. Council Member Garrett asked Mayor Bradshaw to entertain withdrawing the motion for two weeks. MAYOR BRADSHAW SAID YFS, I WILL WITHDRAW THE MOTION. THE SECOND AGREED. Cou ncil Member Grazulis asked about the vote to abstain. I tried to abstain once, because of something and \\as not allowed. M! yor Bradshaw said 11 is a choice you make, you can violate a Council law or not . '.\fa ~or Bradshaw sa id in the next two weeks , I want yo u guys to get together. somehow . '• • t • • Englewood City Council October 20, 2003 Page IJ Council Member Grazulis asked if !here was a way !hat !hey can have a mediaior !here so ii docsn'I become an argue fesl. Ci1y Manager Sears said we c ould hos! both :;id~s . We could just sci a mccling and we could hos! a meciing where bolh parties could come wi1h a rcprcsenta1ivc and discuss 1hc altcmaiivc. 11 would probably have 10 be wi1hin !he next week before !he nex1 Council meeting. We could have our Parks and Recreation Dirccior there and if some of the Council Members wanted to come to !hat meeting, that would be possible 100. (Clerk's note : There was a question from audience, but I could not pick it up on the tape.) City Manager Scars said I lhink it would be better not to have too many, but certainly one or two representatives in a problem solving mode. Mayor Bradshaw said people who arc willing to compromise. Discussion ensued regarding a meeting date and time. City Manager Scars said how about the 27111 at 5:30 p.m.? Someone from the audience 11Skcd if there could be three from each group. Mr . Scars said I think lhrcc may be difficult, how about two representatives from bolh sides and maybe have a list of different ideas. You may already have some ideas from your side to talk about ... a whole range ofthings ... Emcrson Park perhaps as an altcrnaiivc. I think a whole discussion for an hour or so, would be somclhing to take a look at. Docs !hat sound okay? Mayor Bradshaw said yes. We will have a mediator. Mr. Scars repeated !he time of 5 :30 on Monday evening. Responding to a question from !he audience, City Manager Scars reiterated that they could have two representatives. Mayor Bradshaw said I think it is very fair. I think we can't do a win-lose, I think we have to do a win-win in our community. (b) Council Members' Choice Council Members did not have any addi1ional matters to bring before Council. 13 . City Manqer's Report (a) City Manager Scars said staff would be happy to facilitate this. Mayor Bradshaw said I was thinking of Mr. Flaherty. Mr. Scars said okay, Mike or myself will be there Monday night. 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15. Adjournment ADSHA W MOVED TO ADJOURN. The meeting adjourned at 8 :25 p.m. ··RECEMD ,/~ . OCT22m l,,1 on••11•1 -- COUNOL COMMUNICATION Date Agenda Item Subfect November 3, 2003 10a i Clean,up of Englewood Municioal Code 2000 INmATEDBY STAFFSOURa Finance and Administrative Services Frank Gryglewlcz, Director Citv Clerk's Office Loucrlshia Ellis Cltv Oerk COUNCIL GOAL AND PRMOUS COUNCIL ACTION This ordinance will serve to correct substantive errors in the Englewood Municipal Code 2000, which have occurred over the past two years. RECOMMENDED ACTION Staff recommends approval of this bill for an ordinance cleaning up and clarifying various sections of the Englewood Municipal Code 2000. BACKGROUND, ANALYSIS AND ALTERNATIVES IDENTIRED During the lengthy process of republishing the Code, errors and omissions occurred which have been discovered through normal use of the Code and through review of some ordinances. FINANCIAL IMPACT Codification Cost ($21.00 a page) UST OF ATTACHMENTS Proposed Bill for Ordinance - ORDINANCE NO. SERIES OF 2003 BY AUTHORITY A BILL FOR CqJ)fCIL IIIU. NO. 76 INTRODUCED BY COUNCIL MEMBl!ll _____ _ AN ORDINANCE CLEANING UP CERTAIN ERRORS AND OMISSIONS IN CLARIFYING IN THE ENGLEWOOD MUNICIPAL CODE 2000 BY AMENDING TmE 4, TITLE 7, TITLE 8, TITLE 11, TITLE 12, TmE 15 AND TITLE 16. WHEREAS, over the past two years since the 2000 Englewood Municipal Code was published, certain errors and omissions have been discovered through normal use of the Code; and WHEREAS, staff recommends approval of this Bill for an Ordinance to clean up and clarify various sections of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. Title 4, Chapter 4, Section I and Section 10, Paragraph B, Subsection 3, Englewood Municipal Code 2000, are hereby amended to read as follows: 4-4-1: AdministrationofTax. The administration of all the provisions of this chapter is hereby vested in the 9ireeter ef FiMReial s-iees Cjty Manaper or 4Fsjgpee who shall, with the a,pre .al efthe Ci'} Mwger, prescribe forms and reasonable rules and regulations in conformity with this Chapter for the making of returns, for the ascertainment, assessment and collection of the taxes imposed hereunder, and for the proper administration and enforcement hereof, a copy of which forms, rules and regulations shall be made available to the public. 4-4-10 (8)(3): Deficiency Notice or Refunds. The taxpayer may, at his/her option, deposit the disputed amount with the City in lieu of posting a surety bond. 1f such amount is so deposited, no further interest shall accrue on the deficiency contested during the pendency of the action. At the conclusion of the action, after appeal to the Supreme Coun or the Coun of Appeals , or after the time for such appeal has expired, the funds deposited shall be, at the direction of the Coun, either retained by the City and applied against the deficiency or returned in whole or in pan to the taxpayer with interest at the rate imposed pursuant to subsection 4-4-8-C-3 of this Chapter. No claim for refund of the amounts deposited with the 4tfeelef ~ need be made by the taxpayer in order for such amounts to be repaid in accordance with the direction of the Coun. Section 2. Title 7, Chapter IA, Section 11, Paragraph D; Chapter 68, Section 13; and Chapter 6F, Section 10 , Paragraph C, Subsection I, Englewood Municipal Code 2000, ~ hereby amended to read as follows: t . .. .. • • 7-IA-l l(D) Destruction Hearing. The Municipal Court will determine at the bearing whether the dog or cat, because of its vicious propensities, presents clear or present danger to the safety of the citizens of Englewood. When the dog or cat bas been the subject le g1" two (2) convictions of attack not resulting in llaSb w grievous bodily harm, or property damage of five hundred dollars ($S00.00) or more within a two-(2) year period, or it is responsible for inflicting death or grievous bodily harm upon a human being, there is a presumption the dog or cat bas vicious tendencies and presents a clear and present danger to the safety of the citizens of Englewood. This presumption can only be rebutted by clear and convincing evidence to the contrary. Upon the court's determination that the dog or cat presents a clear and present danger to the safety of Englewood citizens, the court will order the City to destroy the ~g or cat forthwith . 7-68-13 (A): Solicitation of Towing or Wrecker Business. It is unlawful for .any person to drive or cause any tow truck, or vehicle equipped to provide towing service, to be driven to, or to stop or park any such vehicle, or cause the same to be stopped or parked, at or near the scene of any fire, explosion, traffic accident or other disaster with the intent to 10licit towing or wrecker business, when such tow truck or vehicle bas not been called to the scene by the owner or operator of the damaged vehicle, or the owner of property required to be towed from the scene, or by his duly authorized agent or insurance carrier, or by an agent or representative of the City ....... QrsfislJts, or peace ofticer attending the scene. 7-6F-10 (CXI): Safeguarding Englewood Library Property. If any person conceals upon his person or otherwise carries away any Englewood Public Library reading material or other library property that wu not properly charged out by the proper agent or employee of the Englewood Public Library or was otherwise taken without permission, the any Englewood Public Library employee/agent, or any peace officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may detain and question such person, which includes asking him to empty pockets, handbags, knapsacks, briefcases, etc., in a reasonable manner for the purpose of ascertaining whether such person is guilty or unlawfully removing or assisting in removing library reading material or other property belonging to the library. Such questioning of a person by said library employee/agent w IPY pgcs officq, dog pol repdq the; sajd ljbrary employec(agmt or said wit PGl'iS officer civilly or criminally liable for slander, false arrest, false imprisorunent, malicious prosecution, or unlawful detention. Section 3. Title 8, Chapter 3A, Section 3, Paragraph A, Subsection I, Englewood Municipal Code 2000 , is hereby amended to read as follows : 8-3A-3(AXI): Permit Requirements . 2 t • • No private residential swimming pool shall be constructed without first obtaining a construction permit therefore from the City . Application for permit shall be made by the contractor who is to perform the construction work or by the property owner, if the property owner is to perform the work. The application shall be accompanied by duplicate sets of plans, specifications and plot plans of the properly. The plot plan shall show the accurate location of the proposed swimming pool on the properly, together with anv prpposgt haJhhouw w cabapp and tbs lgcatigp, heisht and type of all existing fencius or walls on the boundary linea of the property togcsJter with the type and height of such fencing or enclosure as may be required by Section 8-3A-7 hereof. The plans shall also show the location of existing utilities, the location of proposed utility connections, and the location of plumbing appurtenances such as bacldlow prevention devices and air gaps. Section 4. Title 11, Chapter I, Section 6, Paragraph G, Subsection I, Englewood Municipal Code 2000, is hereby amended to read as follows : 11-1-6 (G)(I): Parking Restrictions. Permits: When the City Traffic Engineer bas designated and established time limitations on vehicle parking on streets in residential areas, the City Manager, or his/her designee, may, upon application, issue up to two (2) owners' permits per ho9Kb9ld to residents of such areas who own and/or operate a motor vehicle allowing said vehicle to be parked in the block on which the owner of said vehicle resides as if there were no ~e lilllilelie11 restrictions on said parking. The permit shall be for a nm-(2) year period. The permit shall be affixed to the lower left-band comer of the rear window of said vehicle, or in a location on the vehicle approved by the City Manager or hil4Nf designee. This provision shall not apply to metered parking spaces where parking meter zones have been established. A resident of such area may obtain two (2) visitor parking permits to be issued by the City. The permit shall be for a ma: (2) year period of time and shall be issued for no fee. The permit shall be issued for a specific block and address and shall allow a visitor to come to the block that hu been issued the visitor parking permit. The permit shall be displayed on the visitor vehicle in the front left-band (driver's) windshield. lfa permit is lost, stolen, or a resident's vehicle is sold, a replacement permit may be purchased. 111111 ln the case of visiton' permits, two (2) replacements will be allowed each year. Section 5. Title 11, Chapter IA, Section 4, Englewood Municipal Code 2000, is hereby amended by adding a new Subsection 5 to Paragraph A, to read as follows: l l-lA-4{A)(5): Disposition of Unclaimed impounded Vehicles. A statement that the owpq of the vshicls by the risht within IFP Ctffi davs ans ISScint of this notice to reavest an 14roini1ttatixs boons to 4FSsrniDF the; lssaliEY of me tow Sec tion 6. Title 12, Chapter 2, Section 9, Paragraph C, Englewood Municipal Code 2000 , is hereby amended to read as follows: 12-2-9 (C): Construction of Sewers; Extension of Mains; Costs; Inspection . Quality control of privately constructed collection mains feedina die City treatment plant shall be assured by on-!lite inspecton provided by the City of 3 t .. : - . ~. • • • Englewood, which agency shall include the monitoring of collection main construction and the lamping of mains when construction is complete. Charges for these services shall be billed to the responsible contractor, as follows: I. 2 . Inspection (one IB8ft ~ weekdays After nonnal duty hours, weekends and holidays Lamping ( crew of 2 -ll:Glll2k; weekdays After normal duty hours, weekends, and holidays $12.SO/hr. $)8.75/hr. $25 .00/hr. $37.SO/hr. Jappjpg of Majps Not 0wpp:1 by the qgy When an application is received for connection to mains or facilities not owned or controlled by the City, a permit for said connection will be granted only in those cases in which the City shall have been duly authorized, in writing, by the owner in control of such main or facilities to grant such pennit Section 7, Title 12, Chapter 8, Sections, Paragraph A and Paragraph B, Englewood Municipal Code 2000, are hereby amended to read as follows: 12-8-S : Augments-Does Not Replace Existing Provisions . A. This Chapter is intended to augment existing provisions of the Englewood Municipal Code by providing for an alternate means of funding repairs. Owner's responsibility under H-™ 11-7-18-A of this Code docs not change. B. Except as amended, existing law docs not change. Section 8. Title 15, Chapter 7, Section 3, Paragrapb.F, Englewood Municipal Code 2000, is hereby amended to read as follows: 1S-7-3(F): Placement and Removal of Trash. No person shall engage in the business of removing or hauling trash in the City without first obtaining a license therefor . A) wly ae111NMN11Hle li111111 llhllll be issued lly lhe City 11pe11111111IIIII pay1111111 er fi II dell-{SUIO) 11• •, ehiele, Section 9. Title 16, Chapter 4, Section 16, Paragraph C, Subsection 3, first paragraph on ly , Englewood Municipal Code 2000 , is hereby amended to read as follows : 16-4-16 (C) (3): Flood Plain District. Flood Plain District Boundaries: The boundaries of the Flood Plain District shall be identical to the areas of special flood hazard identified by the Federal Emerpocy Management Agency in the Flood Inswance Study dated ..... ii 17, 19119 hMIPW 16 W and the accompanying Flood Insurance Rate Map (FIRM) encompusina the City of Englewood, Colorado. 4 • t .,._ ..• • • • Section I 0. Title 16, Chapter 4, Section 17, Paragraph D, Subsection 2., Englewood Municipal Code 2000, is hereby amended to read as follows : 16-4-17 (0)(2): Fences, Walls and Visual Barriers. Alley Sight Distance Triangle -All Zone Districts. No visual obstruction over two and one half feet (2 1/2 ') in height above the top of the nearest curb shall be permitted within )AQ twenty-five foot (25') efQe sight distance triangle area of an alley and street'avenue intersection. Said triangle is measured from a point where the curb line and the center line of the alley meet. The distance from this point shall be twenty-five feet along the street/avenue curb line ("B") and twenty- five feet along the alley center line ("A"). The third side of the triangle ("C") connects these two sides, creating the sight distance triangle . Both figure -1 and Figure -2 shall be used to determine cross-comer visibility at streets/avenues and all eys. Section 11 . Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 12 . Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment sball not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 13 . lnconsjstent Ordjpances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 14 . Effect of Repeal or Modjfication . The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not relea.,;e, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force ' for the purposes of sustaining any and all proper actions , suits , proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpo se of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions , suits, proceedings, or prosecutions . Section IS . Penalty . The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance . Introduc ed, read in full , and passed on first reading on the 3rd day of November 2003 . s ... .. • • Published as a Bill for an Ordinance on the 7th day ofNovember, 2003. ATTEST: Beverly J . Bradshaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, beRby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 3rd day of November, 2003. Loucrisbia A. Ellis 6 --... COUNCIL COMMUNICATION Date: Agenda Item: Subject: Award Construction November 3, 2003 1C>c::I Contract for US 285 Sidewalk .. . Project. Initiated By: Staff Source: Public Works Department Ken Ross, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Resolution No. 43, Series 2002, authorizing the City to apply for Federal funds under the Transportation Equity Act for the 21" Century (TEA-21). Council approved Ordinance No. 53, Series 2003 approving an Intergovernmental Agreement (IGA) with COOT regarding funding the construction of this project. Council approved Ordinance No. 68, Series 2003 approving an IGA for cooperation between Cherry Hills Village and Englewood for completion of the US 285 Sidewalk Project. RECOMMENDED ACTION Staff recommends that City Council award, by motion, a construction contract in the amount of S 211,190.50 to the lowest bidder, Concrete Works of Colorado, Inc., for the construction j>f the •us 2es Sidewalk Project"'. BACKGROUND, ANALYSIS, AND ALTERNATMS IDENTIFIED The north side of U .S. 285 between Clarkson and Old Hampden is identified in the City's "Sidewalk Missing Links". Installation of sidewalks at this location is desirable for the safety and convenience of pedestrians. In February of 2002, the City submitted an application to the Denver Regional Council of Governments (DRCOG) for Federal TEA-21 funds to construct this project Initially, the project did not make the cut for inclusion in the TIP, however, staff continued to puBUe the project when additional funds became available in early 2003 and it was included in the Transportation Improvement Program for funding in FY 2003. The total estimated project cost submitted with our application was $397,000. Federal Funds in the amount of $297,000 were programmed in the TIP . Our consultant, Muller Engineering Company, completed design of the project and the project was advertised for construction bids. Federal Aid projects required that the bidders be included on COOT list of qualified contractors, that the y meet Disadvantaged Business Enterprises (DBE) goals, and that COOT concur in the award of the project. COOT concurs with awarding this contract to the low bidder, Concrete Worb of Colorado, Inc. ' .. • • FINANCIAL IMPACT Six bids were received and opened on October 16, 2003 as detailed in the attached Bid Proposal Tabulation . The low bid is 35% below the Engineers estimate of $327,410.00. Detailed below are the costs associated with the construction of the project: Concrete Works of Colorado. Construction Administration Construction Contingency Total Estimated Colt $211,190.50 29,000.00 5000000 $290,190.50 Federal Participating funds will cover 80"k ($232 , 1 52) of the construction cost leaving Englewood's matching share at $58,038. Cherry Hills Village has agreed to provide the match for their 400 linear feet of sidewalk. Funds for this project are budgeted in the •sidewalks Missing Links· account in the Public Improvement Fund. UST OF ATTACHMENTS Contract Form Bid Tabulation • COt,r[RACT CITY OF ENGLEWOOD, COLORADO THIS CONTRACT and agreement, made and entmd into this 3 rd day o November, 2003 by and between the City of Englewood, a nwnicipal corporalion of the State of Colorado hereinafter referred to as the "City", party of the first part, and Concrete Worlll or Colorado, Inc., 1260 Rock Creek Circle, Lafayette, CO. 80026, hereinafter referred to IS the "Contractor", party of the second pan . WITNESSETH, commencing on the 25"' day Septeaber, 2003, and continuing for at least ten (10) days thereafter the City advertised that sealed proposals would be received for furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the following: PROJECT: US 285 Sklpalk Project SJ1 M395-00I WHEREAS, proposals pursuant to said advertisemcnl have been received by the Mayor and City Council and have been certified by the Director of Public Worb to the Mayor and City Council with a recommendation that a contract for said work be aMnled to the above named Contractor who was the lowest reliable and responsible bidder therefore, and WHEREAS, pursuant to said recommendation the Coatnct bas been awarded to the above name Contractor by the Mayor and City COUDCil and said Contractor is now willing and able to perform all of said work in accordance with said advertisement and bis propoaal. NOW THEREFORE, in consideration of the compemation to be paid the CODtrlCt, the mutual agn,emcnts hereinafter contained are subject to the tmns bemnafter stated: A . Cogttact Docwnegts : It is agreed by the parties hereto that the following lilt of insauments, drawings and documents which are attached hereto, bound herewith or incorporated bemn by reference constitute and shall be refemd IO either u the Contract Documents or the Contract and all of said instnlml:DIS, drawings, and documents taken together u a whole constitute the Contract between the parties hereto and Ibey are IS fully a pan of this agreement IS if they were set out verbatim and in full herein: Advertisement of Notice to CODlractorS Proposal Contract (this instrument) Performance Payment Mainlenance Bond Receipt, Release, Waiver ofClaima Colorado Department ofTrampoctation (coon -Standard Specificatiom for Road and Bridge Construction -Standard Special Provisions Project Spetial Provisions General Conditions Plans and Drawings ' , • • 8 . Scope of Work: The CODlnCtor &peel ID and shall fumiah all labor, IDOis, supplies, equipment, materials and everylhin& oec:euary for ad required ID do, perfmm and complete all the work described, drawn, set forth, shown and included m uid COlllrlCt Doc:umenls. c . Tmns of PerfOQDIJICe : The Contractor apees to UDda1ake die performance of the work under this Contract wilhin twenty (20) days fiom beina DOCified to ODGIHC,-C work by the Direc:tor of Public W orb and lpCCI ID fully complctc said work widlin 120 c:alrndar days, plus such extcasioa or exleDlioas of time IS may be paDllld by tbe Direc1lor of Public Worb in accordance with die provisions of the Contract Documrnla and Specificatiom. D. Terms of Paympnt: The City agrees ID pay the CODlnctDr for tbr performance of all the work RqUircd under this •.:oatract, and die Colllne1Dr apea to accept IS bis full and only coq,easatioa wbetefore, such sum or 1111111 of money• may be proper in accordance with tbr price or prices set forth in tbr Contractor's Propoul brmo lllaCbecl and made a part hereof, die tocal eslimmd cost tbrreofbeiaa Two l11111dred eleven ttao.ud, OM badnd IIIMly llollan ud llfty ceall (SJl l,191.50). E . Appropriation of Funds: At present, SJI 1,190.!CI Im been approprialcd for tbr project. Notwithsllndiag anything contained in this Apccmml to die coanry, in the evcat no funds or insufficient fuads are appropriated and budactcd by tbr goVfflliD& bady or are otbrrwile unavailable by any means whatsoever in any followilll fiacal period for wbicb appropriations were received without penalty or expeme except U ID Ibale ponm oa tbr AlfCCIIICIII or otbrr amounts herein for which funds have already been approprialed or are otbrrwile available . The City shall immediately DOCify Coacnee w .. etc ...... Jae. or ils assignee of such occurrence in tbr event of such 1amiaalioa. F. Cop1pCt Bjpdjng: It is aa-cf that this COlllrlCt sball be binding OD and ~ to tbr benefit of die parties hereto, tbrir heirs, exrcuton, adminiatnlon, Ulipl, ad-· IN wrnrnss WHEREOF. tbr parties have caused dwte plelellll ID be liped prnmally or by tbrir duly authoriz.ed officers or agents and tbrir seals aflillcd and duly .-...cl die day and year finl above wriDrn. This Conttact is executed m 5 COUD1erpa111. CITY OF ENGLEWOOD Contractor by _________ _ Mayor Party of die Finl Pan AlTEST: ATIEST: • t .. . ' • • • • i ....... . .•. I • ____ ......, -~ .... ~--t~119'1.t'CTS~IID..a#l'IIIIMO.llt1W'IOM..~ • .. • \, I t • COUNCIL COMMUNICATION Date: Agenda Item: Subject: November 3, 2003 11 a i Ordinance to Direct Public Works to Install an All-Way Stop at West Tufts Avenue and Knox Court. Initiated By: Staff Source: Public Works Department Ken Ross, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previous Council action. RECOMMENDED ACTION Public Works cannot recommend the installation of the all-way stop at West Tufts Avenue and Knox Court because this intersection does not meet Manual of Uniform Traffic Control Devices (MUTCD) warrants for an all-way stop. A Public Hearing is required by the Englewood Municipal Code on this matter. Staff recommends setting a Public Hearing for November 17, 2003 to gather citizen input on this issue. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Sheridan has installed numerous stop signs and speed bumps on the east-west streets within their jurisdiction. The harshness of the traffic calming techniques that they have utilized has resulted in cars, trucks, and school busses using Tufts Avenue in Englewood in order to avoid these streets. Public Works has received a petition signed by the majority of residents that live in the area bounded by Lowell and Irvin g o n the three cul-de-sacs -King and Julian Streets, and Knox Court. The purpose of the petition was to request an all-way stop at Tufts Avenue and Knox Court Public Works conducted a traffic/speed study and the numbers did not indicate a 11 i ,~or problem. But the perception of the neighborhood is certainly different Staff recommends against installing the all-way stop for the purpose of traffic calming for the followi ng reasons : · D' There is not a significant number of cross traffic on Knox Court; therefore it will be obvious that the device is meant to inconvenience drivers and not to assign right-of-way . This will result in compliance problems down the road. D Stop signs don't decrease average speeds, people just speed up in between stop signs to make up for lost time. The average speed on Tufts today is 29 mph. D Stop signs increase noise, pollution, and fuel consumption. D One stop sign will not alter the driving patterns of this neighborhood. D Once an all -way stop is installed, it will never be removed, even though the intended purpose is not satisfied . FINANCIAL IMPACT It will cost $500 to install the all-way stop at this intersection. LIST OF ATTACHMENTS Pr oposed Bill for an Ordinance ' .,. .. • • ~, BY AUTHORITY ORDINANCE NO. , m SERIES OF 2003 INTRODUCED BY COUNCIL Hilfll!l Al&LPOll f AN ORDINANCE PllOVJDINO FOR THE INSTALLATION OF ALL-WAY STOP SIGNS AT KNOX COURT AND TUFTS A VENUE IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, a petition signed by a majority of the residents in the area of Knox Court and Tufts bas been forwarded to the City requesting a four-way stop at this intersection; and WHEREAS, this issue was reviewed by the Traffic Engineer in the Public Works Department, which recommended that an all-way stop was not necessary in this area at this time; and WHEREAS, pursuant to Englewood Municipal Code l l-l-3-2B, the City Council, for the purposes of public health, safety and welfare, makes a determination which is different from that of the Traffic Engineer, such regulations may be imposed by Council after a public bearing and testimony . ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section J • Upon finding that it is DCCCISIII)' for the public health, safety and welfare of the citi7.CIIS of the City of Englewood and after holding a public hearing on the issue, the City Council requires that the Public W orb Depar1menl install and maintain official IJ'aftic devices for an all-way stop at the intenec:tion of Knox Court and Tufts Avenue in the City ofF.nglewood, Colorado, and that such installation be completed within fourteen days oftbe final reading of this Ordinance. 2003 . Attest : Introduced, read in full, and passed on first reading on the 3,. day of November, Public Hearing is set for November 17, 2003 at 7:30 p.m. Published as a Bill for an Ordinance on the ,-. day of November, 2003. Beverly J. Bradabaw, Mayor loucrishia A. Ellis, City Clerlt I, loucrishia A. Ell~. City Clerk for the City of Enalewoocl, Colondo, baeby cenify that the above is a true copy of a Bill for an Ordinance, introcluced, read in full, and plllCld oa flnt reading on the 3n1 day of November, 2003 . loucrilbia A . Ellis • • • \ • TO : THROUGH: FROM: DATE: SUBJECT: MEMORANDUM City Council Gary Sears, City Manager .rJ Kon Ro,, DU<Cto, of Publio Wo~ October 15, 2003 ALL WAY STOP REQUEST AT KNOX COURT AND 11JFTS A VE. We received a petition signed by the majority of residents living between Lowell Blvd. and Irving St. on the three cul-de-sacs -King, Knox, and Julian -requesting an all-way stop at Knox Court and Tufts Ave. Our neighboring jurisdictions -Sheridan to the north and Denver to the south -have installed numerous traffic control devices that have had a detrimental effect on traffic on Tufts Avenue. Sheridan has installed mid-block stop signs on Dill Road, as well as mid-block stop signs and speed bumps on Mountain Rd., thereby making it an unattractive route for vehicles; Denver has two all-way stops between Tufts Ave. and Belleview on Lowell Blvd. We conducted a speed study to determine the magnitude of the problem. The results are summarized below: S.67 % 6.98 o/, There are a bout 77 4 vehicles per day that travel this ·local street. There are about 50 residences in the imme d iate area. Based on Institute ofTransponation Engineers trip generation rates, we wo uld ex pect th at the immediate neighborhood alone would generate about 500 trips per day . From an en gineering po int of v iew, the numbers would not indicate a huge problem in terms of ei th e r s pe edin g or c ut-through traffic. But the perception of the neighborhood seems to be that there is a proble m , and the y have submitted a petition requesting the all-way stop at Knox and Tufts . t • • ) lE UINCY AV! s H E R I D A N ~ ::) IDGIMOOI H ~ • • N (; i\/ () o q I Yo\ ff u, AV ArCF!l,9 ·1 .. ---,nrrl"I t"O:;.A~Y~l!C-_____ __;_ _____ _J ""'" ~-:1. D E N V E :;; ~ ~:::::JiJND]!]N[~•ivI:::::::::::::::::::'./ . J J w • • • • • 0 J Ll!Gl!ND °""---• . -.......... .., ... ,.,.. ..... 1 e __ -w•iloi, r ii"ii l Do --i __ :-_ ..... _ .... _._._ .......... t----1 i =-- -,.. •11:-,1,- ,. • t • . • • t:nglOWoCd Pu'llic Workl Summ10: R!!J!Ort gf ProflOHlil 4-wn Sl!P J~.,;; il;; 0 ~!Ii; w . ... ....... ., .................. . I, Dorothy Martinez surveyed residents who live in the 4500 and 4600 blocks of S. Julian Street. the 4500 and 4600 blocks ofS. Knox Court, the 4500 and 4600 blocks ofS. King Street. and the 3300 through 3500 blocks ofS. Tufts Avenue on Tuesday, September 9, 2003, Thursday, September 11, 2003, Friday, September 12, 2003 and Saturday, September 13, 2003 . In the area surveyed there are a total of59 houses. The lnakdown of the neighborhood is as follows : • 14 houses on W. Tufts Avenue between S. Irving Street and S. Lowell Blvd .(9 households surveyed= 64 .2o/o) • 14 houses in the 4500 and 4600 blocks ofS. Julian Street (8 households surveyed"" 57 .1%) • 16 houses in the 4500 and 4600 blocks ofS. Knox Court (12 households surveyed,. 75%) • 15 houses in the 4500 and 4600 blocks ofS. King Street (7 households surveyed• 46 .7%,) I surveyed a total of53 residents representing 36 households (61% of neighborhood). Of those 53 residents surveyed, 50 were in favor of installing a 4-way stop sign at the intersection ofW. Tufts Avenue and S. Knox Court and 3 were opposed to installing a 4-way stop sign at the intersection ofW. Tufts Avenue and S. Knox Court. The addresses with a star to their left indicate those addresses at the 4 comers of the W. Tufts Avenue and S. Knox Court intersection . These residents will be impacted the most by the installation ofa 4-way stop sign at the W. Tufts Avenue and S. Knox Court intersection. The percentage of residents surveyed in favor of installing the 4-way stop sign is 94 .3%. The percentage of residents surveyed opposing the 4-way stop sign is S. "79/e . With 50 residents of 53 (94 .Wo) in favor of installing a 4-way stop sign and 3 residents ofS3 (S .,-/e) opposins installing the 4-way stop sign, it is clear the need for a stop sign is wanted . Of the 3 residents opposing the 4-way stop sign, 2 residenb expressed a need for a 4-way stop sign at the intersection ofW. Tufts Avenue and S. Lowell Blvd. One of the residents at 3S0l W. Tufts Av enue expressed a desire to have a tvtal of3 stop signs erected• W. Tufts Avenue and S. King Street, W. Tuft s.Av enue and S. Knox Court, and W. Tufts and S. Julian Street. The residents and I thanlc you fo r your ti me and consi deration in this matter. Sincerel y, rv1,,fJ., o. n,e~j Dorothy A. 'artinez • • f• Proposed 4-way Stop Sign at W. Tufts Avenue & Knox Court Printed Name Ne.feV\ ~·(.{,· YSio 5 k'wa ~+-. u~~\~ \ l \l J. ~ ·~ .. .. {/ >< ~q_j-~ ~ ;;t.../ -! . t..'4A-,( C./ X 'I-- _f< 00 u), • • r;_ i/ / ' t .. (1 ./ ./ T'c..•lrArv L--- ) \-l ~ ~ . ,-,, I I s. j vi I C'-11\ I---' / L/5~-"J-~ /. l~ L\ 1, ~ / tf<;~,; ~ ~-J1c' -<;~ 1./' . .,,:;· ~ t ":): ' . ',' )-< ,, ......,.... ...,.. -,_ ... u , ~~~. l _::, L/'" . ---I !ti i r ~i{; .( ~ Printed Name Address .. ' In Favor -. J. ·~ Aa,v\ ) &1 ~\c'--1 Ylc5S s . K,Nc; '$T 'I 0 . \J J \ ~ I .(~4',, . -, J ~Sol J, ) ~ {-h. ~~~ \ ·m11.A~mJ1, -,.L .D ~ ,'3 501 1..0 'TL\.a~ Avf> X ~ I 'f j • ), ) r·j-,' (1 a '\ ~ IQ..> C.."1 ur-; (. ~ r-~ r (,,,..;c, ~ ,..-( V A1,-141./1) 10 uX? r ,r74 <1, ()5-~ r,,,.,'\. cf ;x PtNi Z11a11.icJlt ./-57[; ~ . l!i!Jtl/<21-)( ~Q\).'.f fr,\,v~LrJ L/ V Do,-~;,.1;_ <T. 'i ,., / ': ,,; r ){} ., 1 S-J' s-S c) • Jr:,, tf'-% ct >< r,c... . ~-"l "'? ~A~ Lfet s:.,-.. l l). k~ e_J. X ,f;' ~,·:u , /·, t\ 1·/1i"Cl V\. • 4 ')' e-; 0 ~. ,::;, r, )< r, J -/.. "')c r::. +}, v !Jc; rh ·,,.? ~ 1"/'gc, lt1• 7Z+'+r Aveni;<--/" / r:. ;L,',( 7c..'FTs fit I (?_ ~ .J Cf/'/\) _..Cj,g:·: tll. ,_:> , [) . OU>INANCE NO. SERIES OF 2003 BY AUTHORITY llbl COUNCIL BILL NO. 72 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE ADOPTING TIIE BUDGET OF THE CITY OP ENOLEWOOi, COLORADO, FOR THE FISCAL YEAR 2004. WHEREAS, pursuant to the provisions of Part I, Article X, of the Charter of the City of Englewood, Colorado, a budget for the fiscal year 2004 was duly submitted by the City Manager to the City Council on August 29, 2003; and WHEREAS , a public hearing on the said budget was held by the City Council within three weeks after its submission at the meeting of the City Council on September IS, 2003. Regular notice of the time and place of said hearing was published within seven days after submission of the budget in the manner provided in the Charter for the publication of an ordinance; and WHEREAS, the City Council of the City of Englewood has studied the budget on numerous occasions; and WHEREAS, it is the intent of the City Council to adopt the 2004 budget as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I. That the budget of the City of Englewood, Colorado, for the fiscal year 2004, as submitted by the City Manager and duly considered by the City Council after public hearing, be and hereby is adopted as the budget for the City of Englewood for the fiscal year 2004 . Section 2. GENERAL FUND Total Fund Balance, January I, 2004 Revenues Sales/Use Tax Property and Specific Ownership Tu Franchisc/Occupation/Cigan:ttc Tu License/Permits Intergovernmental Revenue Charges for Services Cultural & Recreation Fines & Forfeitures Miscellaneous Total Revenues Other Financing Sources Total Sources of Funds 2004BUDGEJ S 4,805,611 20,000,000 2,783 ,750 2,579,925 7S3,4S2 1,253,926 2,678,164 l,9S2,S89 1,461,486 275.000 S 33,731.292 WMYi S 34,607,148 • • Expenditurel Legi1lation 344,543 City Attorney 's Office 677,633 Municipal Court 829,997 City Manager's Office 588,561 Human Rcaoun:ca 525,113 F°IDUICC and Administrative Services 1,438,639 Information Technology 1,228,676 PublicWoib 4,639,537 Safety Servicea 14,111,325 Conununity Development 1,649,667 Library Service• 1,157 ,822 Puts and Recreation Services 5,025 ,400 Contingencies 202,000 Debt Service 2,261 214 Total Uses of Funda $34,680,127 Total Fund Balance , December 31 , 2004 s 4,732,633 ~ DEBT SERVICE FUNDS !:kiall Qbl i&lliim Bond 1:111111 ! Fund Balance, January 1, 2004 s 23,366 Revenues s 1,()02,000 Expenditurel s 969,620 Fund Balance, December 31 , 2004 s 55,746 Pav iua Pi1Jric1 vs Fund Balance , January 1, 2004 s < 88,393> Rev enues s 37,414 Expe nd itures s 7,779 Fund Balance, December 31. 2004 s <58 ,758> Paviua Pisldc1 137 Fund Balance, January 1, 2004 s 162 Revenues s 3,159 Expenditures s l,321 Fund Balance, December 31, 2004 s -0- • Paviu a Pi1Jric1 f38 Fund Balance, January I , 2004 s 5,155 Revenue, s 66,9 10 2 Expenditures s 71,039 Fund Balance, December 31, 2004 s 1,026 Concrete BepJacemco1 Piab:ic1 I 995 Fund Balance January I, 2004 s <11,910> Revenues s S,290 • ' Expenditures s 4,348 Fund Balance December 31, 2004 • s <10,968> .. Sec1ion.J. SPECIAL REVENUE FUNDS Copsqyatjop Trust Fund Fund Balance, January I, 2004 s 249,342 Revenues s 3TI,750 Expenditures s 525.000 Fund Balance, December 31, 2004 s 102.()92 Commen;iaJ Bevo1Yin1 icPIO fund Fund Balance, January I, 2004 s 180,175 Revenues s 5.000 Expenditures s 30.000 Fund Balance, December 31, 2004 $ 155,175 Community PcvcJopmqu fupd Fund Balance, January I, 2004 $ -0- Revenues s 150,000 Expenditures $ 150,000 Fund Balance, December 31 , 2004 s -0- Dononfupd Fund Balance, January I, 2004 $ 1,282,731 Revenue s s 145,550 • • Expenditures $ 149,150 Fund Balance , December 31, 2004 $ 1,279,131 3 Malley CcuJCC Tnm fund Fund Balance, January I, 2004 Revenues Expenditures Fund Balance, December 31, 2004 Paru and Rcx;rcatjog Trust Fund Fund Balance, January I , 2004 Revenues Expenditures Fund Balance, December 31, 2004 Special A IKHmcot Surplm & Qcfjcigg;y Pypd Fund Balance, January I, 2004 Revenues Expenditures and Transfers Fund Balance, December 31, 2004 ~ CAPITAL PROJECT FUNDS Public Impmyemc;gs Fupd Fund Balance, January I, 2004 Revenues Expenditures and Transfers Fund Balance, December 31, 2004 C111ita1 Projects Fund Fund Balance, January I, 2004 Revenues and Transfers In Expenditures Fund Balance, December 31, 2004 ~ INTERNAL SERVICE FUNDS Scrviccmcr Fund Fund Balance, January I, 2004 4 $ 208,417 $ 3,000 $ 200,000 $ . 11,417 $ 174,TII $ 14,000 $ 10,360 $ 178,411 $ 89,113 $ 200 $ 50,900 s 38,413 "' s 503,042 S 2,802,089 S 2,432,600 s 872,.531 s 351,590 s 1,167,005 s 1,298,811 s 219,811 • • s 942,012 Revenues Expenditures Fund Balance, December 31, 2004 Capital EQuiprnent &placcmc;m fund Fund Balance, January 1, 2004 Revenues Expenditures Fund Balance, December 31, 2004 Risk Managemem fund Fund Balance, Janua,y I, 2004 Revenues Expenditures Fund Balance, December 31, 2004 Emplqyee Benefits Fund Fund Balance, Janua,y 1, 2004 Revenues Expenditures Fund Balance, December 31, 2004 Ccnl(al Services fund Fund Balance, Janua,y 1, 2004 Revenues Expenditures Fund Balance, December 31, 2004 ~ ENTERPRISE f-1JN0S Water Fund Fund Balance, Janua,y I , 2004 Rev enues Expendi tures Fund Balance, December 31 , 2004 5 $ 1,424,193 $ 1,455,262 $ 910,943 $ 536,570 $ 645,352 $ 685,783 $ 496,139 $ 356,650 $ 1,114,009 $ 1,111,595 $ 359,064 $ <34,061> $ 4,764,486 s 4,524,636 s 205,789 s 203,408 s 350,000 s 330,490 $ 222,918 $ 2,515,992 S 6,438 ,493 $ 7,396,254 $ I.SSB.231 f" . . • t .. # • • Sewer Fund Fund Balance, January I, 2004 Revenues Expenditures Fund Balance, December 31, 2004 Storm Qraioqe Fund Fund Balance, January I, 2004 Revenues Expenditures Fund Balance, December 31, 2004 GoJC Coyne fund Fund Balance, January I, 2004 Revenuea Expenditures Fund Balance, December 31, 2004 Copgg,c VJililY fund Fund Balance, January I, 2004 Revenues E,;penditurea Fund Balance, December 31, 2004 Housing Rehabiliwion Fund Fund Balance, January I, 2004 Revenuea Expenditures Fund Balance, December 31 , 2004 S 14,387,275 S 55,048,300 S 23,264,573 S 46,171,002 S 802,477 S 349,988 S 398,998 S 753,467 S 533,308 S 2,181,199 S 2,039,912 S 674,595 S 420,044 $ 549,875 $ 713,324 $ 256,595 $ 1,298,400 S 1,()62.000 S J ,()62,000 S 1,298,400 Ses;tjog 10. That the said budget shall be a public record in 1hc office ol 1hc City Clerlt and lhall be open to public inspection . Sufficient copies thereof lhaJI be made available for the use of the City Council and the public, the number of copies ID be dctcnnlned by die City Manaau. Introduced, read in full , and puaed on fint re ... on lhc 20di day of October, 2003 . 6 Published as a Bill for an Ordinance Oil the 24th day of October, 2003 . Read by title and passed on final reading on the 3'" day of November, 2003. 2003 . Published by title as Ordinance No .---· Series of 2003, on the.,.. day of November, Bevedy J. Bl'lldahaw, Mayor ATI'EST: Loucrishia A. Ellis, City Clerlt I, Loucrishia A. Ellis, City Clerlt of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published t;y title as Ordinance No. __ , Series of 2003. Louc:riahia A. Ellis 7 ORDINANCE NO. SERIES OF 2003 J BY AUTHORITY COUNCIL BILL NO. 73 INTRODUCED BY COUNCIL MEMBER GRAZULIS 't' AlfORDJNAt-ice APPRoP_RIATiN~,MC>NIEs;itor ALL MUNICIPAL PURPOsBS IN THE CITY, OF ENGLEWOOD, CuLOMOO, IN THE FISCAL YEAR BEGINNING JANUARY 1, 2004, AND ENDING DECBMBBR 31, 2004, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2004. . t'· WHEREFORE, City Council and staff held a 2004 budget and goal setting meeting; and WHEREFORE, a public hearing on the Proposed 2004 Budget was held September 15, 2003; and · WHEREAS, the operating budgets and Multiple Year Capital Plan for all City dep¥tments and funds were reviewed at a budget retreat held on September 27, 2003; and · WHEREAS, the Charter of the City of Englewood requires the City Council to adopt bills for ordinances adopting the Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year. : • ' j~ • ·, ' \ ! ., .... , ; ' ··Now. THEREFORE, BE r'r'<'.>RDooD 'ev THE CITY coUNcIL oF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I . That there be and there hereby is appropriated from the revenue derived from taxation in the City of Englewood, Colorado, from collection of license fees and from all other sources of revenue including available fund balance during the year beginning January I, 2004, and ending December 31, 2004, the amounts hereinafter set forth for the object and purpose specified and set opposite thereto, specifically as follows : · GENERAL FUND Legislation City Attorney's Office Municipal Court City Manager's Office Human Resources Finance and Administrative Servic'es Information Technology Public Works Safety Services Community Development . Library Services Parks and Recreation Services Contingencies •'1 \ -1- $ 344,543 677,633 829,997 588,561 525,113 1,438,639 1,228,676 4,639,537 14,111,325 1,649,667 1,157,822 5,025,400 202,000 11 bH t .. • • Debt Service -Civic Center Debt Service -Other Total General Fund GENERAL OBLIGATION BOND FUND Total General Obligation Bond Fund PAYING DISTRICT #37 PEPI SERVICE FUND Total Paving District #37 Debt Service Fund CONCRETE REPLACEMENT DISTRICT 199S Total Concrete Replacement District 199S PAYING DISTRICT #3S PEPI SERVICE FUND Total Paving District #3S Debt Service Fund PAVING DISTRICT #38 PEPI SERVICE FUND Total Paving District #38 Debt Service Fund CONSEJlYAIJON TRUST FUND Total Conservation Trust Fund COMMERCIAL REVOLVING LOAN FUND Total Commercial Revolving Loan Fund COMMUNITY DEVELOPMENT FUND Total Community Development Fund OONORSFUNp Total Donors Fund MALLEY CENTER TRUST FUND Malley Center Trust Fund -2- 1,579,598 681,616 S 34,680,127 S 969,620 s 3,321 s 4,348 S 7,779 S 71,039 S S2S,OOO S 30,000 SIS0,000 $149,ISO $200,000 PARKS AND RECREATION TRUST FUND Parks and Recreation Trust Fund $ 10,360 SPECIAL ASSESSMENT SURPWS & DEFICIENCY FUND Special Assessment Surplus & Deficiency Fund $ 50,900 PUBLIC IMPROVEMENT FUND Total Public Improvement Fund CAPITAL PROJECTS FUND Total Capital Projects Fund SERVICENTER FUND Total ServiCenter Fund CAPITAL EQUIPMENT REPLACEMENT FUND Total Capital Equipment Replacement Fund CENTRAL SERVICES FUND Total Central Services Fund RISK MANAGEMENT FUND Total Risk Management Fund EMPLOYEE BENEFITS FUND Total Employee Benefits Fund WATER FUND Total Water Fund SEWER FUND Total Sewer Fund -3- $2,432,600 $ 1,298,784 $ 1,455,262 $ 685,783 S 330,490 S 1,111,595 $4,524,636 S7,396,2S4 $23,264,573 • • STORM DRAINAGE FUND Total Stonn Drainage Fund GOLF COURSE FUND Total Golf Course Fund CONCRETE UTILITY FUND Total Concrete Utility Fund HOUSING REHABILITATION FUND Total Housing Rehabilitation Fund $ 398,998 $2,039,912 S 713,324 $1,062,000 Section 2. The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriated to line items within any groups, even thougb such line items may be set forth as the adopted budget for the fiscal year 2004. Sectjon 3. All monies in the hands of the Director of Finance and Administrative Services, or to come into the Director's hands for the fiscal year 2004, may be applied on the outstanding claims now due or to become due in the said fiscal year of 2004. Section 4. All unappropriated monies that may come into the bands of the Director of Finance and Administrative Services during the year 2004, may be so distributed among the respective funds herein as the City Council may deem best under such control as is provided by law . Section S. During or at the clos~ of the fiscal year of 2003, any surplus money in any of th e respective funds, after all claims for 2003 against the same have been paid, may be distributed to any other fund or funds at the discretion of the City Council. Introduced, read in full , and passed on first reading on the 20th day of October, 2 003 . -4- • • Published as a Bill for an Ordinance on the 24th day of October, 2003 . Read by title and passed on fmal reading on the 3n1 day of November, 2003. Published by title as Ordinance No. _, Series of 2003, OD the r• day of November, 2003 . Attest: Beverly 1. Bradshaw, Mayor Loucrisbia A. Ellis, City Clerk I, Loucrishla A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy the Ordinance passed OD final reading and published by title as Ordinance No. _, Series of 2003. Loucrisbia A. Ellia -5- CITY OF ENGLEWOOD 1000 ENGI.EWOOO PNOONAY • ENGLEWOOD, COl.ORADO 80110 • (303) 762-2300 INFORMATION TECHNOLOGY DEPARTMENT MEMORANDUM To: Gary Sears, City Manager From: Don Ingle, IT Director Date: October 30, 2003 Subject: Value of Council PCs A request was received to determine a surplus value for two city-owned personal computers currently being used by Council members. The PCs in question are over 5 years old and, unfortunately, there is limited, consistent data available on the resale value of like models given their age. This is particularly true since the models in question were originally manufactured primarily for business use and are often disposed of "in bulk" by organizations moving to newer technologies. The City rarely maintains PCs for staff use beyond 5 years given their inability to run modem municipal software . We estimate the market value of each unit to be approximately $100, which includes the CPU and immediate peripherals, monitor, printer and 56k modem. This factors in the mitigated administrative costs of disposing of the PCs through auction. It is important to note that the City cannot transfer ownership of the PCs with the City-owned t ... software still loaded given our enterprise licensing requirements with Microsoft. This includes , the operating system software (Windows) and Office applications (Word, etc.). The PCs will need to be cleared of all City-owned software and new software will need to be purchased and installed if they are to enter private use. As a reference, each year when surplus PCs are added to the general surplus sale per Charter requirements, each has historically either had the hard drives cleaned completely of software and data, or the hard drives were removed and destroyed . Please let us know if we can provide additional information or clarification . • • ·• • • AGENDA FOR TliE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL MONDAY, NOVEMBER 3, 2003 7:30 P.M. Englewood Civic Center -Council C ambers 1000 Englewood Parkway Englewood, CO 80110 1. Ca ll to o ,d., 1; .((} ~ 2. Inv ocat ion . n~ 4 . Ro ll Call. 0 • • Englewood City Council Agenda November 3, 2003 Page 2 tJ,I 10. Consent Agenda. · G-D a. Approval of Ordinances on First Reading. i. Council Bill No. 76 -Recommendation from the Department of Finance and Administrative SeNices, City Clerk's Office, to adopt a bill for an ordinance deaning up and clarifying various sections of the Englewood Municipal Code 2000. STAFF SOURCE: Frank Gryglewicz, Finance Director, and louaishla Ellft, City Clerk. b. Appro~Ordinances on Second Reading. . ' c. Resolutions and Motions. i. Recommendation from the Department of Public Works to approve, by motion, a construction contract for construction of the U.S. 285 Sidewalk Project Staff, recommends awarding the bid to the lowest bidder, Concrete Works of COiorado, Inc., in the amount of $211,190.50. STAFF SOURCE: Ken Row, Director of Publk Worb. 11 . Regular Agenda. a. Approval rdinances on First Reading. l"S/f _, ,,,.,,. (,-0 Council -Recommendation from the Department of Pubrtc Worlcs to consid a bill for an ordinance directing Public Works to install an All-Way Stop at West Tufts venue and Knox Court, and to set a Public Hearing on this~~ 7~ 17 003 . STAFF SOURCE: Ken Row, Direcloi-ot W W-orb.W ~ pproval of Ordinances on Second Reading. Council Bill No. 72, adopting the 2004 Budget for the City of Englewood (aLIXSlblsar--.-j:.. amended). Council Bill No. 73, ~propriating the City ~f Enfiewood's 2004 Budget li-.>Pft>',ed amended). ' · c. Resolutions and Motions. ' j;y Please note : If you h.lve a dt".ablllty and need auJCiliary aids or lefYices, plate notify the City ol Englewood (3 03-762 -2 405) al k-ast 48 hours in advance ol when serwes are needed. Thank • • Englewood City Council Agenda November 3, 2003 Page 3 12. General Discussion. a. Mayor's Choice . .... a. Council Members' Choice. ~ Motion regarding the off~eash designation at Bates Logan Park. iM~ 14. City Atto~ Adjourn~ <f:brJ ~ The following minutes were transmitted to City Council between October 17 and 30, 2003: • Englewood Parade Committee meeting of September 10, 2003 • Englewood Parks and Recreation Commission meeting of September 11, :.ioo3 • Englewood Planning and Zoning Commission meeting of September 23, 2003 Please note : If you have a disabWity and need auxiliary aids or services, please notify lhe City of Englewood (J OJ-762-2405) at least 48 hours in adv.ance of when services are needed. Thank .. • •