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Home My WebLink About2002-03-04 (Regular) Meeting Agenda Packet.... .. . .. . • , .. .. .. • .. • .. . ·• • ., ·-·~· .. , • . , . #' . ...... . .., .. • • • It ; ..... ~ .• . ... > •• " . . . . ... ..,. .. .. .. .. . ::. . ~ .. .... . . . •. .,,, -11 •:.. ·.' ,! • • •t ; .. :..: , ....... 4 -~.. "": ~,· ..... ... . ... .. :, ' .... . .. I \.· i . , ..... : .. ~ . ~ . . . .. ... • ... .,_ ·.· . .. . . ' . ~ . .......... . , ....... ' .. . . .,. : .. Reaular City Council rlMttna March 4, 2002 Ordinance I I"•~ 11, 12, 13, 14, 15, 16, 17, 18, 19 Resolution I 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55 • \, • ' • • . . • .. . . ... . .:' • . • , • ~ •• • • . . • . ·"· • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Reaular SeAloD March 4, 24182 I. CaU to Order The regular meeting of the Englewood City Council wu c:alled to order by Mayw Bndlbaw It 7:32 p.m. 2. lnvoation The invocation was given by Council Member Nabbolz. 3. Pledp of Allepanee The Pledge of Allegiance wu led by Mayw Bnddiaw. 4 . RollCaU Present: Absent: A quorum was present. Councal Memllen NabllDlz, M«n, Gruulil, Gama, Wolosyn, Vurdiiek. ...... w Noae Also praenl: City W...., Sean CityAaney ._ 5. Mlnuta • ~City ....... Flalieny City Cln Ellil Direclor Olla. WIiy 5aYicel ....... ad llede,. II J I 1 Cwdimlm Jolllllon Direclor s...., Can,qipni1y Developmenl (a) COUNCIL MDIUR WOLOSYN MOVED, AND rr WAS SECONDED, TO APPROVE THE MINUTU OF TR& HGULAll CITY COUNCIL MEE'lffiG OF nBRUARY 19, 2002. Ayes : Nays : Absiam: Motion carried . COIIIICal Members Nabholz, Moore , Wolosyn. Vurchick, Grazulis, Bradshaw Noae Council Member Oamtt (a) T W A"*'-advltcd that be is on the Cenlellnial Airport Finance Conunittce. You aU probably Imo• about the trouble we have bad with the FAA , be said. and that we are ttyina to 1et the • En1lewood City Council March 4, 2002 Pa1e2 money we need to keep the airport running . The Finance Conunittee has decided to recommend to the board that we allow a nine-passenger airliner out of the airport, maybe to Colorado Springs, once a day and back . We are also recommending, as an alternate suggestion, that we go to the voters with a request for a one third to a half mill levy for the airport. lfwe get the money from the FAA we won't need the mill levy, he said, but we figure we have to have an alternate plan. I hope you folks will llllderstand bow ~rtant the airport is to Arapahoe County. I serve on that conunittee with four ma yon, he said, the ma yon of Aurora, Greenwood Village, Centennial and Lone Tree. We feel it is very important, economically, to Arapahoe County. The airport baa 900 ~loyees and they are responsible for another 3500 jobs in the area . I'm just saying we would appreciate any of the help you can give us in any of the areas we are involved in. He asked if anyone bad any questions. Mayor Bradshaw asked what he was specifically looking at as far as assistance . Mr. Andenon noted they thought about getting a $400,000.00 to $500,000 .00 contribution from each of the cities to help in the interim. But, he said, we decided that wasn't the thing to do. We got Arapahoe County to put up a million and a half dollan to take care of that. I would say that what we are concerned about is that if we have to go to a vote for the mill levy we would like to have all the encouragement we can get from the City of Englewood . Mayor Bradshaw said okay, Council will take it under advisement. She thanked Mr. Andenon. 8. Communications, Proclamationa and Appointments There were no communications, proclamations or appointments. 9 . Public Hearin& No public hearing was scheduled before Council. JO. Co111e11t A&enda COUNCIL MEMBER GARRETI' MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), 10 (b) (I) AND 10 (c) (I), (U) ud (W). (a) Approval of Ordinances on Finl Reading (i) COUNCIL BILL NO . 9, INTRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 152 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES . (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 9, SERIES OF 2002 (COUNCIL BILL NO . 7, INTRODUCED BY COUNCIL MEMBER GRAZULIS) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD CONCERNING THE COLLECTION, DISBURSEMENT AND VENDOR RETENTION OF SALES TAX. (c) Resolutions and Motions Enclewoocl City Council March 4, 2002 P11e3 (i) PURCHASE ON A VOLVO GRADER THROUGH THE COLORADO STATE BID PROCESS IN THE AMOUNT OF SI 15,023 .00. (ii) ESTABLISHMENT OF TWO CITY-WIDE SIDEWALK SALES EVENTS ON JUNE 8 AND AUGUST 24 , 2002 . (iii) CONTRACT WITH KENNY MANTA INDUSTRIAL SERVICES FOR CONSTRUCTION OF AQUEDUCT IMPROVEMENTS TO THE CITY DITCH IN THE AMOUNT OF S 157,800.00. Mayor Bradshaw uked iftbcrc wu any discuuion. There wu none. Vote reaulu: Motion carried. Ayes : Council Menilen Nabbolz, Moore, Garrett, Woloayn, Yurcbick, Gnzulia, Bradahaw Nays: None 11. Replar Aaeada (a) Approval ofOrdinanccs on First Reading There were no additional items 1ubmiUed for approval on tint reading. (See Aaenda Item 10-~ Agenda .) (b) Approval of Ordinanca OD Second Reading (i) Tax wu considered . Council Bill No. 3, aldborizina a teq,orary reduction in the City'• Admiuiom Mayor Bradshaw ukcd if Council wanled 9.._ and Redevelopment Coordinator Jolllllon to SM a presentation. Council indicated a presentation wu not nec:aaary. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGINDA ITEM 11 (b) (I) -ORDINANCE NO. 10, SERIES OF 2N2. ORDINANCE NO . 10, SERIES OF 2002 AN ORDINANCE AUTHORIZING THE TEMPORARY ADMISSIONS TAX REDUCTION FOR A TWO YEAR PERIOD . Mayor Bradshaw ukcd iftbcre wu any discussion. There wu none. Vote results: Motion carried . Ayes : Council Memben Moore , Gama, Woloayn, Yurcbick, Gnzu1ia, Bradshaw Nays : Council Member Nabbolz ( c) Resolutions and Motions There were no additional resolutions or motions submitted for approval . (See Agenda Item 10 -C-. Agenda .) Englewood City Council March 4, 2002 Page4 12 . General Dlsc1111lon (a) Mayor's Choic~ (i) Mayor Bradshaw thanked Council Member Garrett for inviting Diana DeGettc to the meeting this morning. It is great to have someone who will repraent Englewood, UDdcntands Englewood, is a native of this area and genuinely cares about OW' community. It wu so refreshing, she said, to meet a United States Rcprcscntativc who really, really genuinely likes OW' community. That wu such a breath of fresh air. (ii) Mayor Bradshaw advised that on Man:h 2s• we will have an open forum for citizens to speak to Council and Council Member Yurchick will chair that meeting. I have asked that we hold the forum at Sinclair in order to get it out of this building and out into the community, she said, and I hope that is not a problem for people. I have also requested that the one in April be held at Bishop, she said, just to get us out in the community. Council Member Yurchick asked if Sinclair is definite . Mayor Bradshaw said staff is setting that up. City Manager Scars said he did not know if that had been confmncd. But I know that wc have talked to them, he said, so we will verify that. Mayor Bradshaw advised that she was thinking that between 6 :00 p .m. and 7 :00 p.m. Council might just do some general discussion about housing and business issues south of Hampden, on the Broadway corridor. That wu at Council Member Grazulis 's request, she said, and I think that is important. If people don't come to the forum then we end up with a study ICISioo like we bad that one nipt that wu jult pecked. For these f01U1111 , she said, I wu just wondering if we could have study IICUioa nm. between 6:00 p .m. and 7:00p.m. so we don't end up with ooe nipttbat isjlllt pecked. I don't know how you feel about that, she said, but it is just a suggestion. Council indicated they apeecl with bet sugation. (iii) Mayor Bradshaw advised that tut Monday's School Board meeting went very well . I think wc covered many, many issues and we bad a good discussion. (iv) Mayor Bradshaw advised that the meeting with Director Simpson and Cheryl St. Clair went well and we will continue to wort cooperatively. (v) Mayor Bradshaw noted the Wesley issue is that AVS will be building houses over time, but we still need the facts from staff before we can make a decision about that. She asked if that was Council 's direction from the Study Session. Do we need the money or do wc develop it single family? (vi) Mayor Bradshaw said she would like to have staff set up a meeting with RTD, on General Iron Works, for around the first of April . She said she would like City Manager Scars to attend that meeting and also, Council Member Garrett, ifhe is available . City Manager Scars said he would set that up. (vii) Mayor Bradshaw advised that we met with Littleton and the Hurnaat Society oo the proposed site for the new Humane Society facility and the neaotiatioos are cominuing. I wanl to thank Director Olson, Assistant City Manager Flaherty and City Manager Scan for their efforts on this . ( viii) Mayor Bradshaw noted that last week the House of Hope celebrated their yar anni versary and they gave us a small water spigot with the House of Hope on it. I pve it to Janet Grimmett on our staff, she said, because she does the work with them and I thought ii wu uq,ortanl for bet to have that. I also have the House of Hope wish list and I asked them to e-mail it to us. I will jlllt pua this around, she said, and if any of you have any of the needed items they would appreciale that IDO . En1lewood City Council March 4, 2002 P11e!I (b) Council Member's Choice (i) Council Member Nabholz noted, in January, a young lady came before Council requesting some funding for a trip to Washington, D.C. and Council authorized S50.00 . She bad to tum her money in two weeks ago and she was afraid to call because: she thought we ha ' changed our mind. My question is, she said, what is the process and how long docs it take when we arc going to cut a check or make a donation. I think wc should still stand by our promise, she said. In response to City Manager Scars, Ms . Nabholz confirmed that the young lady is still planning to go to Washington, D.C. City Manager Scars asked who is sponsoring the trip. Council Member Nabbolz said she was not sure, that it is through Englewood High School. Mr . Scan said wc can give her a call. Mayor Bradshaw said she thought it was through a private coq,any, not through the schools. City Manager Scan said ifwc, could find out the name oftbe coq,any we could give them a call . We could then send them the check and they could reimburse her the SS0.00. If that is okay, be said. Council Member Nabbolz said that is okay, but she was just sorry it has to be so nu:h wort. Mayor Bradshaw thought she bad left a letter with City Clerk Ellis that night. She asked Ms. Ellis if she had left anything with her . Ms . Ellis indicated she bad not. Council Member Wolosyn said I know we told her that we bad to be sure that she ICIUllly bad received the entire amount. bcca111e wc wercn 't going to give her SS0.00 without knowina tbat. So, she said, maybe that is where the glitch occurred, that she didn't come back and let III know she bad the entire amount. City Manager Scars asked Council Member Nabbolz to have the young lady coD1act him. Ms. Nabbolz said she would. Council Member Yurchick asked if she bad raised the money . Council Member Nabbolz said she sure did. Mayor Bradshaw said good for her . · ( ii) Council Member Moore said be would like a copy of the laraer document that Bryan DcsMartcau referred to tonight in terms of !he licensing discussion. Mayor Bradshaw asked what that was all about, after that. Council Member Yurchick said he did not know, but that be was being accused of shortening the document , but I was not the author and I believe the author is here . Mayor Bradshaw asked what that was all about. I don 't undcntand the citizen's concern. Assistant City Manager Flaherty said be was not sure either and be was not involved in the disc1111ion. I do have a copy of the larger document that was initially prepared, be said, and I would be happy to provide that to Council. Ma yor Bradshaw said she thought Council Member Moore wanted a copy. Council Member Moore said that. in general, I certainly welcome the condeasin& of the material, ao I don 't want to suggest that I'm looking for more, but in this cue I would like to see this one . Because, be said, I am kind of interested in terms of what is goin& on. I would also like to make the comment, rcprdina the • t Enpewood City Council Man:b4, 2002 Pa1e6 memo, in terms of the numbers presented, that it is clearly unreasonable lo think that I 00% of the cats will be registere d . I don't know what the guess is, he said, but at the same time, looking at the dollan that way doesn't tell me anything. Assistant City Manager Flaherty stated we can provide some percentages ... 50%, 33% ... lo give you some numben that way, u well. Council Menmer Moore said be knows it is a wild guess, but whatever that guesa might be, it is still at leut a little more lo go on. City Mauger Sean uud wbo elle wanted a copy of the 28 pqc document. Council Members Yurc:bick and Gruulis indicated that they alrady have it. Council Member Nabbolz said lbe probably should have it, u they will be dilcuuina it at a Study Seaion. Council Member Wololyn said lbe didn't need a copy, but that lbe would like lo come by and look at one. I once meotioned lo Council Member Yurc:bick, she said that it might be nice to have a place in Council's little room where we could have lhele larger documents and we could go and look at them. Mayor Bradshaw agreed . I am really apinst us running off everything. Mayor Bradshaw opined that this wu such a disconnected discussion tonight. I don't know if it wu just me, she said, but it didn't make sense, it didn't feel that those were his words coming out of bis mouth. Council Member Y un:bick advised Council that Mr . DesMartcau doesn't support a lot of this, but be is the spokesman for the Code Enforcement Committee. Council Member Moore noted be wu uked point blank and be said be did support it, u well u the committee. Is that DOI the case? Mayor Bradshaw said that is why I uud the question. Council Menmer Moore stated that Mayor Bndsbaw uud him point blank ifbe ixr-liY aupponed it and be said yes. Council Menmer Yurc:bick said his comncms in the cOllllllittff meetinp lave led me to believe otherwise. Unless, be said, be bas chan&ed bis mind and be 1111y have. Mayor Bradshaw said I know we requested another study seuion, but, number one, I can't justify adding a penon to keep track of pets. The people who don't get their dop tagged, licemed or take them to the vet, are still the ones who won't register them. So we put this whole govemmeolal thing together, lbe said, and, from where I sit right now, I just don't think it is necessary. Council Member Yurchick said it is bis uodentanding that they don't enforce the vaccination law, even when they pick up the animals . Mayor Bradshaw convneoted that they are uking for more laws to enforce, when we don't enforce the laws we have. (iii) Council Member Gamtt: I . He said he would like to know what .25% of our sales tu is. I couldo 't quickly do the oumben in my head, but the Arapahoe County Open Space is .25% so I would like to see what we are aenmitio& in sales tax, against that number, to see what our take would be . ·~--- En1lewood City Council March 4, 2002 Pa1e7 Mayor Bradshaw noted that actually we arc getting 1.25%, so we would be getting half of what we collect off of that mill levy . Council Member Garrett said most of the open space they arc talking about is to the cast. Mayor Bradshaw said yes . So, Mr . Garrett asked, if we were to say to our citizens do you want to do this for yourself at . I%, would we be generating for Englewood the same amount of money . It seems very rich to me, be said. Mayor Bradshaw said that is a good point. Council Member Wolosyn conuncnted that she thought they said in one place that it is based on vehicle registration, but then in another place it said vehicle registration/revenue . Council Member Garrett said it is vehicle registration, so I want to sec how that co~ to our sales tax numbers . Just to get a sense of where we arc , be said. Council Member Wolosyn said she was also wondering about the actual munbcrs they were using for vehicle registration. Arc they sure it is us, or is it one of those things that could be zip code hued and then there would be a big problem once it was passed? Council Member Garrett said it is just something I would like information on. Mayor Bradshaw said I was not impressed, period. Council Member Garrett said it was extremely rich for my blood. 2. He said, with respect to the properties on W caley, that they arc zoned for more density than wc arc talking about building. So I think one of the thinp we arc looking at, is if we own those propcrtiea lets go ahead and up-zone those plicca. Because one of the justifications for taking a lou, be said, would be lbe cost ifwc decide to up-zone property and create R-1-A there, which is aornething wc arc always seeking. So lets go ahead and lock that in, be said, because the last thing we want is for someone to buy a house and ten years from now raze it and put in duplexes , if that is our ultimate goal . That is just !IOrncthing to think about as we go forward . Mayor Bradshaw said I thought it was Council's goal to raise the bar 'on the quality of houses up there . That every house docs not have to have a garage that faces the front street, the design needs to be better and we want to encourage single family ownership. Council Member Garrett said we can do that to our property and go ahead and rezone . Mayor Bradshaw said that is a good point . Mr. Garrett said it is just an idea . 3. He noted he appreciated the trailer on Quincy and the information. Correct me if I am reading this wrong , he said, but it appears the trailer works . It has slowed down people coming off that hill, by about four miles an hour, he said, which I think is quite a lot. Director Olson said, then again, we have kids who try to see how fast they arc goins by usins the trailer as their benchmark speed device. He said it is hard to say whether the trailer slowt diem down or lbe trailer is just the tool measuring the normal traveling speed. Council Member Garrett said be saw brake lights . When you moved it up the hill a bit, I could aee people braking when they saw the trailer. Mayor Bradshaw said that is good. Director Olson advised that he and Director Ross have viewed some permanent devices that can actually be mounted there permanently. That is another alternative, as opposed to a lffl1)0nry, mobile type unit that is Englewood City Council March 4, 2002 Page8 only there a few weeks out of the year. So, he said, there arc other alternatives. Mr. Garrett thanked Mr. Olson. 4 . He stated he has a great amount of pride when people tour this building and we show them what we arc doing here, as we did this morning. I think people who haven't been here for a while, and then they see what is going on, are impressed at what we have accomplished. So, he said, I take a lot of pride in showing this building off and the facilities. (iv) Council Member Wolosyn: I . She said she was very happy that she attended the meeting this morning and toured the building with Diana DeGettc . Like Council Member Garren, I was impressed with bow impressive we looked and I was very proud, she said. She noted that City Manager Sean and Mayor Bradshaw did a great job of showing us off. 2. She advised that she mentioned this last week, at the School/City meeting, that Council Member Garrett had asked that Council Member Nabholz and I take the lead on trying to do something to make sure the parade goes forth. We will be meeting with Nancy Reid, when I get home on March 19"', to take a look at what really happens. She noted that the staff does an awful lot of work and the community does a lot of work, but we need to define both of those areas. Maybe we should be looking at a community-based group in the form of a board or conunission, she said, but we would want to be using the existing corporation. So we are going to be looking at ways to do that, she said, and we will report back to Council after we talk to Ms.Reid. 3 . She noted in th~ packet there is a list of the letters from the Cultural Arts Conunission and the list of vacancies. There has een one resignation, Rosemary LaPorta has moved out of the City and closed her business and one member hasn 't come to very many meetings. When we discussed terminating these three positions, she said, I think it wa s the consensus of the Conunission to wait until June. We can certainly ask th,;se people to resubmit their ap p li cations, but wc would like to show a vacancy for Cultural Arts. I just wanted to mention that, she said. City Manager Scars said he wanted to clarify that tb.e Commission wants us to go ahead and advertise for vacancy and then Council will select in June, at the regular time. Council Member Wolosyn said yes, in June, we just want to keep it on the regular schedule. 4 . She said she received a call today from Kyle MacMillan from the Denver Post. He is doing a story on the number of initiatives for art centers going forward in the metro area and he wanted to ask about ours. I gave him what I thought was an accurate update of where we arc, she said. I advised him that the Cultural Arts Conunission wrote a comprehensive business plan a year and a half ago and we feel we arc ready to revisit it. That things have changed in the metro area, in the City and with our goals. That Council included $300,000.00 in the 2002 Budget for the first installment in a land bank. That the next thing wc will be working on is earmarking sites that we can work with to go forward. Ms. Wolosyn said, not necessarily that there will be an arts center, but lets earmark a spot and see how it works in the community. I want to thank the various Council members, she said, who have been so supportive and have helped me learn to articulate this . In the coming weeks, after I get back from Washington, D. C ., I would like to get serious about defining a site. lfwe arc going to be looking at developing other arcu of the City, she said, I definitely want us to be looking at putting in another fine public building that wc can show off, just as we did with this building today. (v) Council Member Yurchick: t .. • • Eo1lewood City Council March 4, 2002 Pa1e9 I . In response to a couple of citizen requests, Mr. Yurchlck uked for a summary of the David Taylor deal, what we arc going to give them up front and what they will get annually. Also, when will MOA provide accounting for their $50,000.00 contnbution to the City? City Manager Scan asked Assistant City Managfi Flaherty to respond. Mr. Flaherty advised that the MOA accounting is at the cod oftbcir contract year, which is the end of June. We have a deal sheet with David Taylor, he said, when wc can provide. Council Member Gnzu1is said she would also like to sec that. Assistant City Managa Flaherty advised that the deal sheet with David Taylor is subject to a final contract which we do not have. City Managa Scan said there is a deal sheet that Council approved along with David Taylor and wc can pull that up for Council. 2. He said ACE asked what the Building Department is doing with their internal survey. Director Olson advised that they have redeveloped the form and the form can now be easily ~ with the data. So they started on that and the data entry has already begun. They worked with the IT Department and it is all set. Council Mcmbc1 {urchick said okay, I wiU let them know . City Managa Scan asked Director Olson to provide Council with a copy of that form and, also, a copy to Jan Johnson and she can put it in the ACE packet. 3. He asked why Code Enforcement doesn't have the time to enforce the S 100.00 pa derelict vehicle fee . Mayor Bradahaw said she woodcrcd about that too. Council Member Grazulis said that was her question too. Council Member Yurchick said he didn't occd an answer tonight. Director Olson said he didn't have one anyway, as this is the first time he has heard that. Mr. Yurchick said it is not the first time he has heard it. Mr. Olson said he is really not sure. · Assistant City Managfi Flaherty said he could add something to that. He offered that it is a registration fee, not a fine . I think a fine was mentioned in the presentation, he said. Apparently, thac is I registration fee on the books and the registration has never been implemented for reasons unknown. Council Member Yurchick stated it is $100.00 pa year, per derelict vehicle. It ia a law on the books. Assistant City Manager Flaherty said apparently so, but I haven't seen the citation. Director Olson said they will really look at that, because that was confusing tonight. I think you arc talking about the Hobby Vehicle ordinance, but I'm not positive, so I will find out what is &Oina on. 4. He asked why the lctlfi was shortened tonight. I am sure I wiU be askcd that question. Council Member Grazulis also wondered why it was shortcocd . Assistant City Manager Flaherty advised that the praentatioo that wu pnpared by a Code Eoforcelmlll staff member was reviewed by the City Manqer's office and it wu delermiaed dill it appeared to be advocating, in particular, the diffficnlial fee for spayed vcnua unspayed and oeuleled vcnua um.Uleled En1lewood City Council March 4, 2082 Pa1e 10 animals. Basically, be said, what you saw, that I redid, was a document with the information regarding the spaded and neutered animals deleted . 5. He advised Council that be would be late next week. 6. He commented, regarding the Code Enforcement Committee, that be bas gotten the impression over the last year that it is kind of the tail wagging the dog. That it is staff driving that committee and it is not the committee setting the agenda . I have read the ordinance on establishing the Code Enforcement Committee, be said, which pretty clearly outlines their duties, but it doesn't really outline staff's role with that Committee. I just have a fundamental issue when something like this dog licensing comes forward and it is directed out ofCode Enforcement. So we have the people who have to enforce the law, trying to write the law. Mayor Bradshaw asked Director Olson if be would like to respond to this . Director Olson noted that the Department of Safety Services continually presents various laws that we would like to see put in place, so it is not unusual to have staff make those proposals. So I guess, be said, it is to the extent that )'OU feel it is an advocacy type of position and I think that is what wu reviewed in the 28 page document. It appeared; be said, to be too nmch of an advocacy type of thing. We discussed it and I don't think it was, but it just may lave come out that way . Regardless, that is why the document wu cut down to make it look like it was more a neutral position, which it actually should be. But, be noted, there are a variety of reasons that we come forward to Council with different proposed ordinances, so that is not unusual to have staff doing that. Council Member Y urchick said his concern, on this particular issue, was that be felt like the Code Enforcement staff was ttying to railroad this thing in, the way they wanted it, not so much the way the Committee wanted it. Director Olson said be would be real honest. He stated that we don't really care which way this goes. Whatever Council puts in place, be said, that is what we will enforce. But we really don't care if it doesn't go through at all. That's fine with us . If it does, obviously we will work with it in the best way that we can. But, be noted, its not something that we have set around and said we have to have this. Council Member Yurchick said the issue isn't the law, whether the law passes or not is irrelevant to me. The issue is the fact that staff is driving this stuff and the conunittee isn't. Mayor Bradshaw said then what you are saying is the Committee is sllppcllCCI to get neutral information and serve in an advisory capacity to Council and that is not happening . Council Member Yurchick said it is to the point that Code Enforcement bu a li,t ofitema they want on the agenda and it is not driven by the Committee itself. Mayor Bra!lshaw said you mean the Code Enforcement Officen have a list of things they want. Director Olson said well sure, 11-.at is the way it bas been for years prior to the Committee being in place. Council put the Advisory Committee in place to be a citizen repreaenlllive body, but prior to that, we would come directly to Council with these issues . Now we go tbrougb the Committee and that is fine. It has taken us several years to get comfortable with why they are there, what are Council's expec1llioal Uld what are we supposed to be doing with them. I totally agree, be said, I don't want my folb over there strongly advocating a position. They can definitely say that this is bow we would like to see it, but if you want to do it differently, that is fine with us . En1lewood City Council March 4, 2002 P11e 11 Council Member Yurchick said that is fine, but my concern is that the Committee should be the driving force on these issues. Director Olson said I think they will be on most of the issues and unless they are constantly brought up to date on what's going on or what staff's issues are, then they won't be aware of them. It is aclllllly both groups working together, he said, and that is the way it should be . Then they make reconunendations to Council. He advised that there will be times when staff will come to Council with something, regardless of where the Committee is at, because it is something we need to do as a staff. Just as we do with police related matten or fire matters. We don't go through a committee to make sun: it is okay. We analyze the issue, come forward to you with our position and see what Council thinka about it. Council Member Wolosyn said I think that is an important point you are making. Say, in Cultural Arts, I wouldn't want staff putting things through directly to Council without informing the Commission. On the other hand, she said, the Commission will bring up its own points too . Things come from both ways, to come back to us. Director Olson said that was his understanding as to why the Committee was put in place; at least it was several years ago, when it first staned up . Council Member Wolosyn said she agreed with Council Member Yun:bick, staff shouldn't direct. Director Olson said he agreed. I don't want to have our folks just sitting there slanuning something down that Committees throat and then they feel that they have to go with it. That is not it, he said. Mayor Bradshaw opined that there is a fine line there. We have staff for the Planning and Zoning Commission, the Code Enforcement Advisory Committee and the Parks and Recreation Commission and I think it is a fine line, a fine professional line that people need to walk. Being advisory versus recommending. And that is your concern, she said, that then: are recommendations coming through and not advice. Council Member Yun:hick said his question is how do we address this isaue. Mayor Bradshaw asked if Council should tighten up conunittee rules . Council Member Grazulis suggested that Council review the rules. Director Olson said he didn't hear that. Council Member Ys.Jl'Chick said his question was how do we address this issue . Director Olson advised that he would, obviously, address it internally. When the Committee first staned out , he said, I was there and then I backed out of it, because I didn't want them to feel like the Director of Safety Services was somehow leading the Conunittee. Which, he said, I have to tell you that at the first meeting we actually did, because we had a group of people who wen: really not quite sun: why they were there and what they wen: supposed to be doing. So I gradually backed out and that is why we have also not allowed most of the staff members to be there, because that was creating somewhat of a problem too . My understanding is that right now David Lynn will be there, occasionally Bob Moore and, of course, Mike Flaherty from the City Manager's office . We have tried to remove that intimidation factor and the feeling that we are trying to push issues . Council Member Yurchick said that is lus concern, that he wants the Committee to develop their qenda. I'm not setting their agenda and I don't care what their agenda is, he said, but I think they should be settina their own agenda . .. t .. • • Easlewoed City Council Marci! 4, Z002 PqetJ City Manager Sean said I think this is a discussion we can come back to. I tbink we have a number of conunittees that st.aff is involved with. Be it ACE, or the Planning and Zoning Commission or the Code Enforcement Advisory Conuninee. And, be commented, the Code Advisory Committee is always one of the most difficult, because we are either enfon:ing it too bard or enfoR:ing it too tight. We are going to collectively get bit one way or the other. He opined that we need to develop aome propoull and some policies to deal with the different elements of every committee we have. And, • Director Olson aaid, then we need to leave off and ask if the conunittee wants us to follow-up with that or ult if this is something that is taking it too far beyond where you want to see it. It is a pendulum. He noted we faced that two or three years ago when it WIS too lax and we weren't enforcing adequalely. I think to a cerlain extent we have beard that we are over enforcina it or we IIR enfon:ing it too IUict or ltricter than -people would like or we are taking it to a different level. But we need to stay in touch with that Committee. Mr . Sean pointed out that if we don't make a recommmdation about things that can iq,rove thinp then we IIR really IIOC doing our job. We are also in a position of knowledge, be aaid. We are out lbere and we kind of know what is going on and the committees, as vohmlcen, kind of rely on the people who have that knowledge. I don't think we framed this issue adequately. Aa, Auilllml City Mauger Flaherty aaid, we tried to neutralize where we were at, but maybe we need to work on bow we do things. COUDCil Member Yurdlick said that is fine. For inltance, be said, in my opinion, it sbould have been neutral before it even got to the City Mauger'1 Office. City Mauger Sean said I tbink you are probably right. That is, quite frankly, why I have bad Mike Flabcrty stay on the Code ~on:emmt Advilory Committee. Because it is a bot islue in this commmity, it will always be a bot ilaue in this c:omnmnity and I Willi to make sue that, at my level, we 11R in tune with that. I'm not 111111 we stayed where Council would like for us to stay, be aaid, but I think Council's direction is relatively clear and I think that is what we would like to do. It is a two-way 1treet. lfwe pide ac,....,.;nce byaayins "look, you don't wamtodo this type of thing" then I think we could be in the -jeoimdy • we IIR wben we •Y '"lake a loot at it." I think it is bow we pramt that infomalioa. Our job. • ~ ii ID J11aea1 ideal and pnlClll ways ID iq,rove thinp and then llqJ back and ask the citizem if tbis ii wbat they would lib ID aec adon:ed within their community. We probably just need to do a beaa job, lie aid, pedlapl lbil oae llbDulda't haw reached this level in the way that it «¥· Mayor Bl'ldablw said maybe that is why I feh this WIS incoq,lete, that we weren't ready to diacusl it and I don't think they were ready to present to us. That is what I was lCIIIDII, Council Mernbu W0ID1yn said, for me, the pp was that I do support licmla, now &ive me a way that I can understand, that it could actually happen. The alternatives I beard toaipl didn't sound, to me, as if they were really feasible . That was the gap for me, she said, and if that is the cue tbenjust aay that it is not feasible at this time. Mayor Bradshaw said it didn't seem thought out enough. Director s~·s presentations were thought out enough, this one didn't seem like it was. Council Member Yurcbick not• t a lot of work went into this one . Mayor Bradshaw said I am not saying work, I'm just saying it hadn't been pared down yet. Council Member Yurcbick said that is what bappem wben you bave -IUY creatina the project 111d another guy having to present it, who may not support the project 100%. Mayor Bradshaw asked if this 1n1wered some of Mr . Yun:bick's concermorcan we~ ID wort on them Council Member Yurchick said as far as the conwnittee relationship? Mayor Bncllbaw aaid yes. En&kwood City Council March 4, 2002 Pace 13 Council Member Yurchick said no, wc have not received an answer. How do we set these guidelines so the committees know what the boundaries arc? Council Member Wolosyn said I would have to say that those are bard to define and it would be bard to set a group of rules . A lot of it is dynamics . If it is a group of people who just want to take direction from staff, then it will go that way, if you have a sttong group of people then that's a different issue. It is a dynamic that works itsc:lf out, she said, and I think we have an honest structure. I think we do. Mayor Bradshaw stated every time you have to go through stonning and norming. I think it sounds like you have a huge turnover in that group, she said, and you are probably ready to stan doing that again and that is a group process. Mayor Bradshaw asked Council Member Yurch/ck what he would like to sec. Council Member Yurchick said I don't know, I don't have any answers, I don't even know what the roles are and I don't think they are clearly defined. City Manager Sean said he wanted to make a suggestion. As we heard tonight, Council is not satisfied with the information or the method that it was presented. We took a look at one side that said ibis bow this can come together and this is bow it can work and here are seven differenl oplions to make it wort . But we really didn't take a look at those that would say that this is really kind of an additional burden, this is an additional problem. I know there is that feeling among Council and the citizenry. I would like to take that back to the Committee, he said, and ask them to take a look at it from that viewpoint. Are we going to actually get enough people to participate in this and can the existing staff people actually handle this or is there another method to do this? Perhaps a voluntary regiltration would work, for tbolC that waDI to do that. I think, he said, that there are a whole range of different optiom that the Code Enforcement AdviJory Committee could potentially talk about. If you are not happy with certain issues, he said, then Council could handle it just like they did with ACE . Council mmnded certain tbinp blck to them for further study. So that is one alternative that Council can choole, with maybe some direction, and lbat is what the Advisory Committee is there to deal with. I think the comment, lbat perbapl this was a little overly staff driven, is probably an okay thing. Being honest about that and saying oby Commiaee, on your own, without influence from staff, what do you think about lbat? I think that could be artic:uJated to them and I would be happy to make those comments, with Mike Flaherty's help, if the Council feels that way. Mayor Bradsha-: asked if that sounded better. City Manager Sean noted that they can run the issue back through the Conunittee again and if they are still saying that absolutely this is the best thing since sliced bread, then they can come back to Council and then it is up to Council to make that final decision . Council Member Yurchick stated the issue isn 't this ordinance. To me, he said, it is the 1~m. The problem is that I want the Committee to voice their opinion and their input. Mayor Bradshaw sa id, to play devil's advocate , wc created this thing called Code Enforcement. We pushed it really hard five years ago . We didn 't have enough code enforcement, so we said we want more code enforcement. We even hired I guy to tell us how to manaae code enforcement and where it abould be and bow to handle it. Now that we have this , our creation, I hear from citizens that we have too nuch code enforcement. So, she said, there is I fine balance there. But I also think we need to act balanced po1 and cons on issues that come before Council . Maybe, she said, that ii the role of lbole comminees. That they should think through how this works, what would stop it from worki111 and to &ive us the whole picture and that would be part of their process. Enatewood City Council March 4, 2002 Pa1e 14 Council Member Yurchick said right. My concern is that they should receive conunittee input, he said, and I didn't feel that they had that with this one . Mayor Bradshaw said it sat wrong with you totally, from the beginning. Mr. Yurchick said yes. Council Member Grazulis said she agreed with Mr . Yurchick. Council Member Moore asked if they could reinforce, with this particular conunittee, that they are there on behalf of Council. That could come from the City Council representative or the City Manager's Office, just as a reminder . I hear a lot of pros and cons about code enforcement, he said, and I want to look to this committee to represent the citizens in this process. Mayor Bradshaw said yes and for them to help with that balance. So, Mr. Moore said, lets remind them that they are there for us, to help us with these issues . Mayor Bradshaw asked if that provides a little more direction. I just needed the gestalt finished, she said, there was a piece and that was all we had. Council Member Garrett said at the same time I look at the Parks and Recreation Conunission, where a lot of the things that come before them is staff driven. It is then up to that conunittee to act as the filter for that, which I think is the proper role of the conunittee. What I am'hearing, he said, is that there is a feeling that maybe the committee wasn't the proper filter in this case. I hate to start defining roles and responsibilities too clearly, because that actually bothers me. Mayor Bradshaw agreed. Council Member Garrett said it was the filtering procedure he would like to eq,hasize, u nmcb u the responsibility. Council Member Moore said that if you make it as clear as what I just said, then Code Enforcement could !Bke an advocacy role, as long as the committee knows they don't have to do anything with it if they don't want to, that they can serve as that filter. Mayor Bradshaw said she thought they felt that they bad to have an answer, that they bad to come up with a licensing program. I don't know that that was our direction, she said. Council Member Wolosyn said we did ask them to give us a picture of what it would look like if we passed licensing, how it would be implemented. For me, she said, I was sort of stunned. ls it really that expensive a proposi'tion? Mayor Bradshaw said this is my own bias, but I still think we are missing the point totally, because the responsible pet owners will be responsible and those that are irresponsible will be irresponsible and you can 'I legislate responsibility. . .... Council Member Garrett noted, referring to Council Member Yurchick 's conu..ent that be would be late next week, that Council does not have a meeting next week . ••••• City Manager Sears said he would like to bring this to a little bit of closure . I would ult that Council send this back to the Code Enforcement Advisory Conunittee with some direction. That they at least take a look at this issue, not in terms of how it can be established, but in terms of what it means to the community and take a look at both the pros and cons of it and then come back with a report. Council Member Garrett suggested they properly outhne the question. Should we have this and if the answer is yes, then here is the primary and here is the secondary. But, be pointed out, the answer -y be no . That is the question, he said, whether the Advisory Committee felt they had the power to say no . En&lewood City Council March 4, 2002 Page 15 Council Member Yurchick said he does not know the answer to that question . Mayor Bradshaw asked City Manager Scars what other direction he needed . She asked if it is clear now. Mr. Sears suggested they write something up and send it out to Council and then send it to the Committee, to make sure that the questions Council has is given to them so they can address those when they come back. Council Member Yurchick said you know this will go to public hearing and we will pack the house on licensing. City Manager Sears said yes, that is true. Council Member Garrett said yes, unless the answer is no. Mayor Bradshaw said I think that could be decided real fast. (\i) Council Member Grazulis: I. She said I am also on the Code Enforcement Advisory Committee and I have been uneasy since I walked into it, because I dido 't get into it from the stan. I wu trying to figure out which direction they were headed and what it was going to be. I had a problem with the coiq:,any they chose, she said, and not coming up with enough letters of recommendation. Because of my history with this issue, I dido 't say much, so I was kind of silent, and just sat there. They kept asking me what I thought and how Council would perceive this and I wasn't going to give them any answers right up front. I was also W1Casy with the money aspect of it, that it was just totally untrue and some of the things were based on the money. 2. She noted Council used to get updates from Jim Ulrich regarding things that were happening in Englewood, such as murders and fires and stuff. She pointed out that things have happened. we were told they were sensitive, we never got anything and then we would read about it in the EnaJewood Herald. People do ask me about these things, she said, and I was just wondering if we could have some type of Council update when serious things happen within our City. If! don't liatcn to the newa, then I don't know what is going on. Mayor Bradshaw asked if Council could receive e-mails. If there is a fire or something we always get e- mails, she said, but if there is an unsolved murder we read about it in the paper. Council Member Grazulis said in particular if it is a murder or rape and it is close to home I would kind of like to know. Besides, she said, it is difficult when people stan to call me to ask me about it and then I have to say I have no idea what you are talking about. City Manager Sears stated there is a little bit of a disconnect sometimes, but you are right, you are on the line because people expect you to know. So, he said, we need to do a better job of making Council aware of those emergency situations. Council Member Grazulis said sometimes I get calls if, for instance, they heard a lot of sirens at 3:00 a.m and they want to know what happened and I have no idea . I realize if it was nothing real iq,ortant I -y never know, she said, and I don't need to know everything. 3. She said she wanted to make a comment regarding the group that came to us about the open space . I do like the concept of acquiring more land for the Arapahoe County Fairgrounds, she said, beca111e I was on this before they tore it down and I have a long history of trying to preserve that and keep it from being a strip mall , which did not happen . However, one of the things I am in favor of, reprdina this group, is that when the Arapahoe County Fairgrounds group does hold a fair it is either in the coq,lcx in Denver or in Deer Trail and you don't get much participation west of Deer Trail . Ms . Grazulis poinled out that En1lewood City Council March 4, 2002 Pase 16 Arapahoe County is the only county that does not have a fairgrounds. If you can imagine, Arapahoe County, being one of the richest counties and not having a fairgrounds, it is rather absurd . That, she said, is just my conunent on that. 4. She advised that tickets can be obtained from Amy Doe for Back to Bach, which is a concert scheduled for Friday, March 22-at 7:30 p.m in our Civic Center atrium I think it will be really nice, she said, and there should be posters all around . Council Member Wolosyn noted that Council should be receiving tickets. 5. She said she bad a question regarding the green iron work that has been going up around the businesses. It seems like we have come to a stall, she said, but maybe that is just economics or there is no one willing to do it anymore. She asked if there is a stall in putting that green iron work up . Business and Redevelopment Coordinator Johnson advised that actually we are still moving forward with that and you will see some more coming up soon. She noted that is part of the Catalyst Program that goes along South Broadway and Hampden . We bad a business near General Iron Works that put up there own green iron work, she said. They called us, got all the specifics for it and knew that they weren't qualified for the program, but they still wanted to have the Englewood green iron work. Council Member Grazulis said that is wonderful . Mayor Bradshaw said we need to send them a letter or something. Council Member Grazulis agreed and asked if we would be sending them a letter thanking them for participating. Ms. Johnson advised that they have already sent them a letter. Grazulis said that is great Council Member Grazulis asked, when a property within Englewood nilkes wonderful improvements to their house or business, if we have any kind of m:ognilion like we used to do with li&)lting. Director Simpson said we haven't initiated anything like that. We talked, at one time, about tryin& to do a recognition ceremony, like at the business appreciation breakfast, but it is bard to recognize or single out one business . Council Member Grazulis asked about residential because sometimes some of them go from really ratty to really nice . Director Simpson agreed that we have some really great success stories. I would be happy to support that , he said . Council Member Grazulis said maybe they need to be nominated by other residents, so Community Development doesn't have to do all the leg work. Perhaps, she said, something could be iq,lcmented in the furure . Mayor Bradshaw asked Director Simpson ifhe could help Council with the process. Mr . Simpson said they could definitely help with that. Council Member Grazulis said okay, that is fine . 6 . She said when I was at the Teenasc Drinking Tult Fon:e the Olber day, with Olp Wolosyn and Gary Scars, we found out we have a new contact at the Denver Post. She said Marlys l>urrJl is no Jonaer there . Enalewood City Council March 4, 2082 Pace 17 City Manager Sean noted that Ms . Duran is actually with the News . Ginny McKibben is the one that is gone . Ms . Grazulis said she WIS sorry, that she knew that, that it is Ms . McKibben that is gone . Council Member Grazulis advised that the Teenage Drinking Task Force meetings are coming along nicely . 7. She asked when the next Centennial meeting would be held . Assistant City Manager Flaherty said that actually they haven't had a meeting of the ad hoc committee yet. We are looking at the week of March I.,. for that lint meeting, he sa id, and we will get Council that information IS soon IS we can. We are trying to finalize that this week, internally, he &aid. M1. Gnzulil thanked Mr . Flaherty and noted that when she called about it they thought that the meeting had actually been held. 8. She said that when she went to that last Code Enforcement Advisory Conunittee meeting they had a five minute video with Ernie Bjorkman in the role of the code enforcement officer. It wu ablolutely hilarious and really worth seeing, she said. I would like Council to see that Mayor Bradshaw suggested that be scheduled for a Study Seuioo. City Manager Sears said it is only about two minutes long, so they could schedule that for March 1 s•. Ms . Graz11lis conunented that one of the things that happens is that he writes out a fine for a derelict vehicle with trash in the back of it and he is kind of giggling under his breath about Enaiewood-That is why, she said, I have a problem if we can't enforce that $100.00 fee. I think ifwe enforced that fee then people wouldn't want to pay it and so that would give them the incentive to haw the vehicle hauled away . She felt that might get rid of a few of those can like that. 13. City Maaaaer'1 Report (a) City Manager Sean advised that they started work on General Iron Worb and there wu a flyer that went out to the neighborhood. I have a copy of our permit for Jrlding and work on the site if anyone is interested in taking a look at it, be said. It is a pretty thorough doc:ument and it pull the responsibility on RTD to enforce dninage requirements and monitor the airborne typea of particles and whatever. If you are interested in the details you can take a look at that. I think it is probably belplill in case you receive a telephone call from a citizen. Rick kahm, in particular, and Ken Rou are MXking very closely with them on this . They are responsible for the clean-up and extraction of the metals and things like that. It does appear that they will be going down Galapago and they will not be going through the Winslow property at this point in time. Mayor Bradshaw pointed out that they are removing a lot of the metal by rail, otherwise that would have doubled the trips coming off that site . City Manager Sean said that ii right . Mayor Bradshaw said she wished they could have used Winslow. Mr. Sears advised that Ken Ross and Rick Kahm were present if Council had any questiom . He said we will continue to monitor it and work with them on each of the issues that come up, but they are in the proces s of demolition right now . (b) City Manager Sears advised that this aftcmoon we received a lrlMmilsioo fiom the Littleton City Manager 's office . It was a lener sipied by their mayor in opposition to Senate Bill 2-11 . Wh ich has an amendment in there by Senator Teck which relates IO elimination of enforcement by local gov~mmcnt of motor carrier safety regulations. We have raised this issue at Tri-Cities mtelinp many En&lewood City Council March 4, 2002 Pqell times, be said, and it is a major issue for Littleton, but also for us . I know Director Olson bu been involved with them and be is just amazed, from the law enforcement viewpoint, that they arc proposing to take local law enforcement away . Mayor Bradshaw said I think we need to have a letter drafted. Mr. Sean said we could draft a similar letter in opposition and send that off to them right away. Mayor Bradshaw asked if that was the consensus of Council. She noted that we have worked really bard to try to keep dangerous trucks off of Santa Fe, now, with this amendment they would be saying that we can't doit. Director Olson said this must have just come up, because I just attended a legialativc committee meeting with the chiefs of police the other day and this was not even discussed. Mayor Bradshaw advised that it just came up. Mr . Olson said it must have been today or Friday . As it was the consensus of Council to send the letter, City Manager Sears advised that they would prepare the letter tomorrow and send it off to Senator Teck. ( c) City Manager Sean advised that wc received a letter today from KUiak Rock, our bond counsel, and they want to know if we are planning to participate in the Mayor's Caucus Single Family Mortgage Program. As we understand the direction from the Council, be said, it is that we are not to proceed with them, as of February 2s•, which was their deadline. We have some other alternatives, including CHAF A and some other things, that wc can bring back to the Council. But I guess what I would like to know, be said, is ifit is the final decision that Council will not be participating with them, so wc can tell our bond counsel that those funds won't be transferred over. Mayor Bradshaw said I thought that was because we have our own allocation this year. Council Member Garrett said I think that was the COIISCIII\II of the group, because the qiatioa, we were asked, specifically, is ifwe wanted to do anything by February 28• and the-wer wu no. City Manaaer Sean and Mayor Bradshaw agreed. Because, Mayor Bradshaw said, we have our own allocation this year. Council Member Garrett asked City Manager Sears if be wu just looking for reinforcement of that decision . City Manager Sears said that is actually right, reinforcement before we terminate that. Mayor Bradshaw asked if that was Council's consensus. Council indicated it wu. ***** Council Member Moore asked if the letter regarding Senate Bill 02-11 was just aoing to be sent to Senator Teck or if it would be sent to our representatives . City Manager Sears said we absolutely should. We could send it to Jennifer Veiga and Senator Dyer, he said . Mayor Bradshaw agreed and thanked Council Member Moore for his auuestion. 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council . ••••• Enpewood City Counell Man:b 4, 2002 Pase 19 City Mauser Sears advised that several ofus will be in Wubingtor!, D.C. next week. He thanked Council for the oppommity. • •••• City Manager Sean advised that Diana DeGette wu more than pleued about what happened today. Sbe expressed that to me, be uid, and asked that I thank Council on ber behalf, for putting it together. IS . Adjoarn-nt HAW MOVED TO ADJOURN . The meetina adjourned at 8:39 p.m -~· Approved aa Correction: ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Reaular Seaton March 4, 2002 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7:32 p.m. 2. Invocation The invocation was given by Council Member Nabbolz . 3. Pledp of Allepance The Pledge of Allegiance WIS led by Mayor Bradsha, 4. Roll Call Present: Absent : A quorum WIS present. Also prescm: 5. Minutes Council Membcn Nabbolz, Moore, Grazulil, Garrett, Wolosyn, Y urcbick, Bradshaw None City Manager Sean City AtlDmcy Brotzman Assistant City Manager Flaherty City Clerk Ellis Director Olson, Safety Services Business and Redevelopment Coordinalor JobmoD Director S~ Community Developme111 (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS Sl:COND&D, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCU. MEETING or nBRUARY 19, 2002. Ayes : Nays : Abstain: Morion earned . 6. Scheduled Vh iton There were no scheduled visitors . l 'nscheduled Visitors Council Membcn Nabbolz, Moore, Wolosyn, Yurcbick, Grazulia, Bradshaw None Council Member Garren (3) T. W. Anderson ~dvised Lha! he is on the Centcruual Aupon Finance Commanee. You all probabl~ MO\\ Jboul the trouble '" have had wuh 1he FAA. he sa id. and that we ilR ll'ylll& IO act the Englewood City Council March 4, 2002 Page 2 money we need to keep the airpon running. The Finance Committee has decided to recommend to the board that we allow a nine-passenger airliner out of the airport. maybe to Colorado Springs, once a day and back. We are also recommending, as an alternate suggestion, that we go to the voters with a request for a one third to a half mill levy for the airpon. If-get the money from the FAA we won 't neeu I.DC mill lev.y, he said, but we figure we have to have an alternate plan. I hope you folks will understand bow important the airpon is to Arapahoe County. I serve on that committee with four mayors , he said, the mayors of Aurora, Greenwood Village , Centennial and Lone Tree . We feel it is very important, economically, to Arapahoe County. The airpon has 900 employees and they are responsible for another 3SOO jobs in the area . I'm just saying we would apprecilite any of the help you can give us in any of the areas -are involved in. He asked if anyone had any questions . Mayor Bradshaw asked what he was specifically looking at u far as assistance. Mr. ~ DOied they thought about getting a $400,000.00 to SS00,000.00 comnbution from each of the cities ID help in the interim But, he said, we decided that wasn't the thing to do. We got Arapahoe County to put up a million and a half dollars to take care of that. I would say that what we are concemcd about ii that if we have ID go to a vote for the mill levy we would like to have all the encoungemenl we can get from the City of Englewood . Mayor Bradshaw said okay, Council will take it under advisement She thanked Mr . Anderson. 8. Communications, Proda-tlou ud Appoiaa-b There were no communications, proclamations or appointmcnla. 9. Public HnriP.11 No public bearing was scheduled before Council. 10. Count Asad• COUNCIL MEMBER GARUTI MOVED, AND IT WAS RCOND1D. TO APPROVE CONSENT AGENDA ITEMS II (a) (I), II (I,) (I) AND II (c) (I), (I) 111111 (Ill). {a) Approval of Ordinances on First Reading {il COUNCIL Bill NO. 9, INTRODUCED BY COUNCIL MEMBER GAltllETT A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. I S2 TO THE SOtmfGA TE SANITATION DISTRICT CONNECTOR 'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE D1STR1 CT BO L . DARIES . (b} App rova l of Ordinances on Second Readina (i) ORDINA NCE NO. 9, SERIES OF 2002 {COUNCIL BILL NO. 7, INTRODUCE D BY COUNCIL ME MBER GRAZULIS) AN ORDI NANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD COS ERNl'NG THE CO LLECT IO , , DISBURSE.l\,fENT AND VENDOR RETENTION OF SALES T. X. l,) Resolurfons :ind Mo uons .. t .. • • • Englewood City Council March 4, 2002 Page3 (i) PURCHASE ON A VOLVO GRADER THROUGH THE COLORADO STATE BID PROCESS IN THE AMOUNT OF $115 ,023 .00 . (ii) ESTABLISHMENT OF TWO CITY-WIDE SIDEWALK SALES EVENTS ON JUNE 8 AND AUGUST 24 , 2002 . (iii) CONTRACT WITH KENNY .MANTA INDUSTRIAL SERVICES FOR CONSTRUCTION OF AQUEDUCT IMPROVEMENTS TO THE CITY DITCH IN THE AMOUNT OF $157,800.00. Mayor Bradshaw asked if there was any dilcussion. There was none. Vote results: Motion carried. Ayes : Council Memben Nabbolz, Moore, Garrett, Woloeyu, Yurchick, Gnzulis, Bradshaw Nays: None 11 . Replar Aaeada (a) Approval of Ordinances on Finl Reading There were no additional items submitted for approval on first reading. (See Apuda 111ml 10 -Conaent Agenda.) (b) Approval of Ordinances on Second Readina (i) Tax was considered. Mayor Bradshaw asked if Council wamed Business and Redevelopment Coordinalar Jobllloa fO pc a presentation. Council indicated a presentation was not necaaary. COUNCIL MEMBER WOLOSYN MOVl:D, AND ff WAS SECONDED. TO APPROVE AGENDA ITEM 11 (b) (I) -ORDINANCE NO. II, Sl:llll:S 01' 2112, ORDINANCE NO. 10, SERIES OF 2002 "' AN ORDINANCE AUTHORIZING THE TEMPORARY ADMISSIONS TAX REDUCTION FOR A TWO YEAR PERIOD . Mayor Bradshaw asked if there was any discussion. There was none . Vote results: Mo non carried . Ayes : Council Members Moore, Garrett, Wolosyn, Yurchiclt, Grazulis, Bradshaw Nays: Council Member Nabbolz (c) Re so lu tions and Motions TI1ere were no aJdi1ional resol utions or motions submitted for approval. (See A&enda Item 10 -ClDClll Agenda .) Englewood Clly Council March 4, 2002 Page4 12 . General D1scus1loo (a) Mayor's Choice (i) Mayor Bradshaw thanked Council Member Garrett for inviting Diana DeGctte to the meeting this morning . It is great to have someone who will represent Englewood, understands Englewood, is a native of this area and genuinely cares about our colllllWllity. It was so refreshing, she said, to meet a United States Representative who really, really genuinely likes our community. That was such a breath of fresh air. (ii) Mayor Bradshaw advised that on March 2s• we will have an open forum for citizens to speak to Council and Cowicil Member Yurcbick will chair that meeting. I have asked that wc hold the forum at Sinclair in order to get it out of this building and out into the community, she said, and I hope that is not a problem for people . I have also requested that the one in April be held at Bishop, she said, just to get us out in the community. Council Member Yurcbick asked if Sinclair is definite . Mayor Bradshaw said staff is setting that up . City Manager Sears said he did not know if that had been confirmed. But I know that wc have talked to them, he said, so we will verify that. Mayor Bradshaw advised that she was thinking that between 6:00 p.m. and 7:00 p.m. Council might just do some general discussion about housing and business issues south of Hampden, on the Broad-y corridor. That was at Council Member Grazulis's request, she said, and I think that is i~ If people don't come to the forum then we end up with a study session like we had that one night that wu just packed. For these forums, she said, I was just wondering if wc could have study session iteml between 6:00 p.m. and 7:00 p.m. so we don 't end up with one night that is just packed. I don't know bow you feel about that, she said, but it is just a suggestion. Cowicil indicated they agreed with her IUIIFlbOII. (iii) Mayor Bradshaw advised that last Monday's School Board meetin& went very well. I think we covered many , many issues and we bad a 1ood discuuioa. (iv) Mayor Bradshaw advised that the mming with Director SimplOll and Cheryl St Clair went well and we will continue to work cooperatively. (v) Mayor Bradshaw noted the Wesley issue is that AVS will be buildins houses over time, but we still need the facts from staff before wc can make a decision about that. She asked iftbat was Council's direction from the Study Session. Do wc need the money or do we develop it sinslc family? ( vi) Mayor Bradshaw said she would like to have staff set up a meetin& with RTD, on General Iron Works , for around the first of April. She said she would like City Manager Sears to attend that meeting and also, Co uncil Member Garren, ifbc is available . City Manager Sears said be would set that up . ( vii) Mayor Bradshaw advised that we met with Littleloo and the Humane Soc:iety on the proposed si te for the new Humane Soc:iety facility and the ne1ociatiom are CODlinuina, I W8Dl to thank Director Olson, Assistant City Manager Flaherty and City Manager Sean for their effons OD dm . (v iii ) Mayor Bradshaw noted that lasl Wttk the House of Hope celebrated their year Jnmversary and 1hey ga\'C us a small wa ter sp1&01 wttb the House of Hope OD it I pvc it to Janet Grimmett on our staff, she said. because she don tbc work wnb them and l thought tt wu 1111p011U1 for her 10 ha"~ that . I also ha, e the Ho= of Hope "1sh hs1 and I asked them 10 e-mall n to us. I wall Jllll p1111 1h1s around. he a id. and 11 an) of yo u ha,c an y ul lbe nec<kd ucms tbty would olflPl"CClalC that too -~ .,. ,. • t • Englewood City Council March 4, 2002 Pa1e5 (b) Council Member's Choice (i) Council Member Nabholz noted , in January, a young lady came before Council requesting some funding for a trip to Washington, D.C. and Council authorized $50.00. She bad to turn her money in two weeks ago and she was afraid to call because she thought we bad changed our mind. My question is , she said, what is the process and how long does it take when we are going to cut a check or make a donation. I think we should still stand by our promise, she said. In response to City Manager Scars, Ms . Nabholz confirmed that the young lady is still planning to go to Washington, D.C. City Manager Scars asked who is sponsoring the trip . Council Member Nabholz said she was not sure, that it is through Englewood High School. Mr. Scars said we can give her a call. Mayor Bradshaw said she thought it was through a private company, not through the schools . City Manager Sears said ifwe could ftnd out the name of the coq,any we could give them a call. We could then send them the check and they could reimburse her the $50.00. If that is okay, he said. Council Member Nabholz said that is okay, but she was just sorry it has to be so nmch work . Mayor Bradshaw thought she had left a letter with City Clerk Eliis that night She asked Ms . Ellis if she had left anything with her. Ms. Ellis indicated she bad not. Council Member Wolosyn said I know we told her that we had to be sure that she actually bad received the entire amount , because we wcrcn 't going to give her $50 .00 without knowing that So, she said, maybe that is where the glitch occurred, that she dido 't come back and let us know she had the entire UIIIIUlll. City Manager Sears asked Council Member Nabholz to have the young lady COIIIICt him. Ms. Nabbolz said she would. Council Member Yurchick asked if she had raised the money . Council Member Nabholz said she sure did. Mayor Bradshaw said good for her . (ii) Council Member Moore said he would like a copy oftbe larger doc:ummt that Bryan DcsMartcau referred to tonight in terms of the licensing discussion. Mayor Bradshaw asked what that was all about, after !hat. Council Member Yurchick said he did not know , but that he was being accused of sbortenin& the doc ument , but I was not the author and I believe the author is here. Mayor Bra ds ha w asked what that was all about. I don 't understand the citizen 's concern. Ass istant Ci ty Manager Flaherty said he was not sure either and he was not involved in the discussion. I do have a co py of the larger document that was initially prepared, he said, and I would be happy to provide that to Co un ci l. \fayor Brads ha w said she thou ght Co uncil Member Moore wanted a copy . Co uncil Me mber Moo re said that, in acotral, I ccrta111l y welcome the coodcnain& of the matenal , so I don 't "am 10 s ugges t thar I'm look.mg fo r irore. but 111 tlu.s case I would lib to sec tlus one . Beca use , be sud. I ~m 1.md of intere sted m terms oi wluu 1s go in g on. I wo uld also like to make the commtnt, rcgard11111 the .• • • Englewood City Council March 4, 2002 Page 6 memo , in terms of the numbers presented, that it is clearly unreasonable to think that I 00°/o of the cats will be registered . I don't know what the guess is, he said, but at the same time, looking at the dollars that way doesn 't tell me anything. Assistant City Manager Flaherty stated we can provide some percentages ... SOOlo, 33% ... to give you some numbers that way, as well. Council Member Moore said he knows it is a wild guess, but whatever that guess might be, it is still at least a little more to go on. City Manager Sears asked who else wanted a copy of the 28 page document. Council Memben Yun:bick and Grazulis indicated that they already have it. Council Member Nabbolz said she probably should have it, as they will be discussing it at a Study Session. Council Member Wolosyn said she didn't need a copy, but that she would like to come by and look at one . I once mentioned to Council Member Yurcbick, she said that it might be nice to have a place in Council's little room where we could have these larger documents and we could go and look at them. Mayor Bradshaw agreed . I am really against us running off everything. Mayor Bradshaw opined that this was such a disconnected discussion tonight. I don't know if it was just me, she said, but it dido 't make sense, it dido 't feel that those were bis words coming out of bis mouth. Council Member Yurchick advised Council that Mr. DesMarteau doesn't support a lot oftbis, but be is the spokesman for the Code Enforcement Committee. Council Member Moore noted be was asked point blank and be said be did support it, as weU u tbe committee. Is that not the cue? Mayor Bradshaw said that is why I asked the question. Council Member Moore stated that Mayor Bradshaw asked him point blank ifbe penonally supponed it and be said yes. Council Member Yurchick said bis commcnlS in tbe committee meetinp have led me to believe otherwise. Unless, be said, be bas changed bis mind and be may have. Mayor Bradshaw said I know we requested another study seuion, but, number one, I can't justify adding a person to keep track of pets . The people who don ·1 get their dogs tqged, licensed or take them to tbe vet, arc still the ones who won't register them. So we put this whole governmental thing togelber, she said, and, from where I sit right now, I just don 't think it is necessary. Council Member Yurcluck said it is his understanding that they don't enforce tbe vaccination law, even when they pick up the animals. Mayor Bradshaw conunc nted that they are asking for more laws to enforce, when we don't enforce tbe laws we have . (iii) Council Member Garren: I . He said he would hke to know what .25% of our sales tax is . r couldn't quickly do tbe numben in my head. but the Arapahoe Cuunty Open Space is .2S°"o so I would like to see wbal we are amenllll& UI sa les tax . agains t 1ha1 number, to sec: w1i..1 our take would be. Englewood City Council March 4, 2002 Pagc7 Mayor Bradshaw noted that actually we arc getting 1.25%, so we would be getting half of what we collect off of that mill levy. Council Member Garrett said most of the open space they arc talking about is to the cast. Mayor Bradshaw said yes . So, Mr. Garrett asked, if we were to say to our citizens do you want to do this for yourself at . I%, would we be generating for Englewood c same amount of money. It seems very rich to me, he said. Mayor Bradshaw said that is a good point. Council Member Wolosyn commented that she thought they said in one place that it is based on vehicle registration, but then in another place it said vehicle rcgistratioo/rcvcnuc. Council Member Garrett said it is vehicle registration, so 1 want to see how that co~s to our sales tax numben. Just to get a sense of where we arc, be said. Council Member Wolosyn said she was also wondering about the actual numbers they were using for vehicle registration. Arc they sure it is us, or is it one of those things that could be zip code based and then there would be a big problem once it was passed? Council Member Garrett said it is just something I would like information on. Mayor Bradshaw said I was not impressed, period. Council Member Garrett said it was extremely rich for my blood. 2. He said, with respect to the properties on Wesley, that they arc zoned for more density than we -arc talking about building. So I think one of the things we arc lookina at, is if we own those properties lets go ahead and up-zone those places. Because one of the justifications for taking a loss, be said, would be the cost if we decide to up-zone property and create R-1 ·A tbcrc, which is somethina we arc always scekina. · So lets go ahead and lock that in, be said, because the last thing we want is for someone to buy a house and ten years fr m now raze it and put in duplexes, if that is our ultimate goal. That is just something to think about as we go forward. Mayor Bradshaw said I thought it was Council's goal to raise the bar on the quality ofhouJet up there. That every house docs not have to have a garage that faces the front street, the design needs to be better and we want to encourage single family ownership. Council Member Garren said we can do that to our property and go ahead and rezone. Mayor Bradshaw said that is a good point. Mr. Garren said it is just an idea . ~ 3. He noted he appreciated the trailer on Quincy and the information. Correct me if I am reading this wrong, he said, but it appears the trailer works. It has slowed down people coming off that hill, by about four miles an hour, he said. which I think is quite a lot. D irec tor Olson said. then again, we have kids who try to sec how fast they arc going by using the trailer as theu benchmark s peed device. He said it is hard to say whether the trailer slows them down or the trailer is j ust the tool measuring the oorrnal travclin& speed. Co unci l Member G arrett said he saw brake lights. When you moved it up the hill a bit. I could see people bralang when they saw the trailer. Mayor Bradshaw said that is good . Director 01 on adn ed tha t he and D irector Ross ha ve viewed some permanent devices that can actuall y be mounted there permanently. That 1s anothe r altem a n \'c, as opposed ro a temporary, mobile type unit that is r t .. • • Englewood City Coundl March 4, 2002 Page8 only there a few weeks out of the year . So, he said, there arc other alternatives. Mr . Garrett thanked Mr. Olson . 4. He stated he has a great amount of pride when people tour this building and we show them what we are doing here, as we did ,.his morning . I think people who haven't been here for a while, and then they see what is going on, are impressed at what we have accomplished. So, he said, I take a lot of pride in showing this building off and the facilities . (iv) Council Member Wolosyn: 1. She said she was very happy that she attended the meeting this morning and toured the building with Diana DeGettc. Like Council Member Garrett, I was impressed with bow impressive we looked and I was very proud, she said. She noted that City Manager Sears and Mayor Bradshaw did a great job of showing us off. 2. She advised that she mentioned this last week, at the School/City meetin&, that Council Member Garrett had asked that Council Member Nabholz and I take the lead on trying to do something to mike sure the parade goes forth . We will be meeting with Nancy Rc:id, when I get home on March 19*, to take a look at what really happens. She noted that the staff does an awful lot of work and the community does a lot of work, but we need to defme both of those areas. Maybe we should be looking at a community-baaed group in the fonn of a board or commission, shc said, but we would want to be using the existing corporation. So we are going to be looking at ways to do that, she said, and we will report back to Council after we talk to Ms . Reid . 3. She noted in the packet there is a list of the letters from the CUitural Ans Commiaaion and the list of vacancies. There bas been one resignation, Rosemary LaPona bas moved out of the City and closed her business and one member hasn't come to very many meetinp. When we discuued lmllinlling tbac tine positions, she said, I think it was the CODSCDIUS of the Commission to wait IIDlil June. We CID ccrtainly uk these people to resubmit their applications , but we would like to show a vacancy for Cultural Ans. I just wanted to mention that, she said. City Manager Sears said be wanted to clarify that the Conunission wants us to ao ahead and advertise for vacancy and then Council will select in June, at the regular time . Council Member Wololyn said ya, in June, we just want to keep it on the regular schedule . • 4. She said she received a call today from Kyle MacMillan from the Denver POil He is doina a story on the number of initiatives for art centers goin& forward in the metro uea and be WUled to ask about ours . I gave him what I thought was an accurate update of where we are, sbe said. I advised him that the Cultural Arts Commission wrote a comprehensive business plan a year and a half aao and we feel we are ready to revisit it. That things have changed in the metro area, in the City and with our goals. That Council included $300,000.00 in the 2002 Budget for the first installment in a land buk. That the next thin& we will be working on is earmarking sites that we can worlr. with to ID forward. Ms. Wololyn said, not necessarily that there will be an arts center, but lets earmark a spot and see bow it works in the community. 1 want to thank the various Council members. she said. who have been so supportive and have helped me learn to aniculatc this . In the coming weeks, after I get back from Wuhinpla. D. C., I would like to aet seri ous about defining a site. lfwc arc going to be looltin& at developin& other areas of the City, sbe said, I deti rutcly want us to be looking at putting in another fine publi~ bwJdina that we can sbow off, jlllt u we did w11h this building toda y. (\') Council Member Yurchtck : • • Eqlewood City Council March 4, 2002 Paae9 1. In response to a couple of citizen requests, Mr. Yurchick asked for a 1umnary of the David Taylor deal, what we are going to give them up front and what they will get annually. Also, when will MOA provide accounting for their $50,000.00 contribution to the City? City Manager Scars asked Assistant City Manager Flaherty to respond. Mr. Flaherty advised that the MOA accounting is at the end of their contract year, which is the end of June. We have a deal sheet with David Taylor, he said, when we can provide. Council Member Grazulis said she would also like to sec that. Assistant City Manager Flaherty advised that the deal sheet with David Taylor is subject to a final comract which we do not have. City Manager Sears said there is a deal sheet that Council approved along with David Taylor and we can pull that up for Council. 2. He said ACE asked what the Building Department is doing with their inlmlll survey. Director Olson advised that they have redeveloped the form and the form can oow be easily colllplllerized with the data. So they started on that and the data entry bu already bqun. They worked with the IT Department and it is all set. COUDCil Member Yurchick said okay, I will let them mow . City Manager Sears asked Director Olson to provide COUDCil with a copy of that form and, also, a copy to Jan Johnson and she can put it in the ACE packet. 3 . He asked why Code Enforcement doesn't have the time to enforce the SI00.00 per derelict vehicle fee . Mayor Bradshaw said she wondered about that too. Council Member Grazulis said that was her question too. Council Member Yurchick said he didn't need an answer tonight Director Olson said he didn'.t have one anyway, as this is the first time be has beard that Mr . Yurcbick said it is not the first time be baa 1-rd it. Mr. Olson said be is really not sure . Assistant City Manager Flaherty said he could add somediing to that He ofl'ered Iba! it is a rqiatgtioD fee, not a fine . I think a fine was mentioned in the presentation, be said. Appamitly, there is a repstration fee on the books and the registration has never been implemented for reasons unknown. Council Member Yurcluck stated it is $100.00 per year, per derelict vehicle . It is a law on the books . Assistant City Manager Flaherty said apparently so, but I haven 't seen the citallolL Director Olson said the y will really look at that. bcc1111e that was c:oaftaaina toaipl. I lbink you are talking about the Hobby Vehicle ordinance, but I'm not positive, so I will find out wbar is aoiD& on. 4. He asked why the letter was sboneoed IOllipt. I am -1 will be ubd dlat qualiaa. Couacil \1embcr Grazulis also wondered why it was sboncned. .\s 1stant C uy \1anager Flahnty i:adnscd that tilt pffSClllabOD Iba! was prcplRd by a Code ~ staff member was rr, ae"ed by the C11y Managers office and 11 _, dt11t1aawd dill at~ IO be ad, oc:mng. m pamcubr. the J1ffercnnal ftt for spa)cd venus un..paycd and ncwcred ,enus ~ Englewood City Council March 4 , 2002 Page 10 animals. Basically, he said, what you saw, that I redid, was a document with the information regarding the spaded and neutered animals deleted. 5. He advised Council that he would be late next week. 6 . He commented, regarding the Code Enforcement Committee, that he bas gotten the impression over the last year that it is kind of the tail wagging the dog. That it is staff driving that committee and it is not the committee setting the agenda. I have read the ordinance on eslablishing the Code Enforcement Committee, he said, which pretty clearly outlines their duties, but it doesn't really outline staff's role with that Committee. I just have a fundamental issue when something like this dog licensing comes forward and it is directed out of Code Enforcement. So we have the people who have to enforce the law, trying to write the law. Mayor Bradshaw asked Director Olson ifhe would like to respond to this. Director Olson noted that the Department of Safety Services continually presents various laws that we would like to see put in place, so it is not unusual to have staff make those proposals. So I guess, he said, it is to the extent that you feel it is an advocacy type of position and l think that is what was reviewed in the 28 page document. It appeared, he said, to be too much ofan advocacy type of thing. We dilcussed it and 1 don't think it was, but it just may have come out that way. Regardless, that is why the document was cut down to make it loolc like it was more a neutral position, which it ICIU&lly should be. But, he noted, there are a variety of reasons that we come forward to Council with different proposed ordinances, so that is not unusual to have staff doing that. Council Member Y urchick said his concern, on this particular issue, was that he felt like the Code Enforcement staff was trying to railroad this thing in, the way Ibey waared it, not so much the way the Committee wanted it. Director Olson said he would be real honest. He stated that we don't really C8ff which way tbis goes. Whatever Council puts in place, he said, that is what we will enforce. But we really don't cue if it doesn't go through at all. That's fine with us. If it does, obviously we will work with it in the best way tbat we can. But, he noted, its not something that we have set around and said we have to have this. Council Member Yurchick said the issue isn't the law, whether the law puses or not is irrelevant to me. The issue is the fact that staff is driving this stuff and the committee isn't. Mayor Bradshaw said then what you are saying is the Committee is supposed to get neutral infonmtion and serve in an advisory capacity to Council and that is not happening. Co uncil Member Yurchick said it is to the point that Code Enforcement bas a list of items they want on the agenda and it is not driven by the Committee itself. Mayor Bradshaw said you mean the Code Enforcement Officers have a list of things they want. Director Olson said well sure, that is the way it has been for years prior to the Committee being in place . Co uncil put the Advisory Committee in place to be a citizen representative body, but prior to tha1, we would come d irectly to Council with these issues. Now we go through the Committee and that is fine . It has taken us several years to get comfortable with why they are there, what are Council's cxpectatioos and what are we s upposed to be doing with them. I totally agree, he said, 1 don't want my folks over there strongly advocanng a posinon. They can definitely say that this is how we would like to see ii, but if you "ant to do It differentl y, that is fine w11h us. • • En&tewood City Council March 4, 2002 Pace 11 Council Member Yurchick said that is fine, but my concern is that the Committee should be the driving force on these issues. Director Olson said I think they will be on most of the issues and unless they are coustantly brought up to date on what's going on or what staff's issues are, then they won't be aware of diem. It is actually both groups working together, he said, and that is the way it should be. Then they make recommendations to COWlCil. He advised that there will be times when staff will come to Council with something, reaardless of where the Committee is at, because it is something we need to do as a staff. Just u we do with police related matters or fire matters. We don't go through a committee to make sure it is oby. We aualyze the issue, come forward to you with our position and see what Council thinks about it Council Member Wolosyn said I think that is an important point you are making. Say, in Cultural Ans, I wouldn't want staff putting things through directly to Council without informing the Commisaion. On the other band, she said, the Commission will bring up its own points too. Things come from both ways, to come back to us. Director Olson said that was his understanding as to why the Committee was put in place; at least it was several years ago, when it first started up. COWlCil Member Wolosyn said she agreed with Council Member Yurchick, mff shouldn't direct. Director Olson said be agreed. I don't want to have our folks just sitting there a1amming something down that Committees throat and then they feel that they have to JO with it That ia IKlt it, be said. Mayor Bradshaw opined that there is a fine line there . We have staff for the PlanniD& ud z.aaiD& Commission, the Code Enforcement Advisory Committee wl the Pub 11111 llecrealiae c:-,;eion 111d I think it is a fine line, a fine professional line that people need to walk. Bein& advmy vaaa recommending. And that is your coacem, she said, that there are m:m•1w•~ comias dllOup wl not advice. COUDCil Member Yurcbick said bis question is bow do we addreu this issue. Mayor Bradshaw asked if Council should tigblcn up committee rula. Council Member Graziilis suggested that Council review the rules. Director Olson said be dido 't bear that. Council Member Yurchick said bis quellion was bow do - address this issue. Director Olson advised that he would, obviously, address it internally. When the Committee lint started out, he said, I was there and then I backed out of it, because I didn't want them to feel like the Director of Safety Services was somehow leading the Committee. Which, be said, I have to tell you that al the first meenng we actually did, because we bad a group of people who were really not quite sure why they were there and what they were supposed to be doing. So I gradually bacbd Olli wl that is why -have also not allowed most of the staff members to be there, because that wu c:reatina somewhat of a poblem too. My understanding is that right now David Lynn will be there, occasionally Bob MOGR 111d, of counc, Mike Flaherty from the City Manager's office. We have tried to remove that infinridetim factor 11111 the feelina that we are trying to push issues. Co uncil Member Yurcluck said that 1s llis concern, that be wants the Committee to develop their agenda. I'm not setting therr agenda and I don 't care what their agenda is, be said. but I think they should be seuin& 1hc1r own agenda. Englewood City Council March 4 , 2002 Page 12 City Manager Sears said I think this is a discussion we can come back to. I think we have a number of committees that staff is involved with. Be it AC E, or the Planning and Zoning Commission or the Code Enforcement Advisory Committee. And, he commented, the Code Advisory Committee is always one of the most difficult, because we are either enforcing it too hard or enforcing it too light. We are going to collectively get hit one way or the other. He opined that we need to develop some proposals and some policies to deal with the different elements of every committee we have. And, as Director Olson said, then we need to leave off and ask if the committee wants us to follow-up with that or ask if this is something that is taking it too far beyond where you want to see it. It is a pendulum. He noted we faced that two or three years ago when it was too lax and we weren't enforcing adequately. I think to a certain extent we have heard that we are over enforcing it or we are enforcing it too strict or stricter than some people would like or we are taking it to a different level. But we need to stay in touch with that Committee. Mr. Sears pointed out that ifwe don't make a recommendation about things that can improve things then we are really not doing our job. We are also in a position of knowledge, he said. We are out there and we kind of know what is going on and the committees, as volWJteen, kind of rely on the people who have that knowledge. I don't think we framed this issue adequately. As, Assistant Cit:y Manager Flaherty said, we tried to neutralize where we were at, but maybe we need to work on how we do things. Council Member Yurchick said that is fine . For instance, be said, in my opinion, it should have been neutral before it even got to the City Manager's Office. City Manager Sears said l think you are probably right. That is, quite frankly, why I have bad Mike Flaherty stay on the Code Enf'on:ement Advisory Committee. Because it is a bot issue in this comrnunit:y, it will always be a bot issue in this coDIIIIIIDity and I want to make sure that, at my level, we are in tune with that. I'm not sure we stayed where Council would like for us to stay, be said, but I think Council's direction is relatively clear and I think that is what we would like to do. It is a two-way street. If we guide a committee by saying "look, you don't want to do this type of thing" then I think we could be in the same jeopardy u we are when we say "lake a look at it." 1 think it is bow we preseDI that information. Our job, as staff, is to present ideas and present -YI to Ul1ffl)Ve things and tbeD S1lep back and ask the citizens if this is what Ibey-id lib to lee mfon:cd within their community. We probably just need to do a better job, be said, perhaps Ibis one sbouldn't have reached this level in the way that it did. Mayor Bradshaw said maybe that is why I felt this was incon.,lete, that we werm 't ready to diacuss it and l don't think they were ready to present to us. That is what I was sensing. Council Member Wolosyn said, for me, the gap was that I do support licemea, now give me I way that I can understand, that it could 1ct1111ly happen. The altematives l beard toaigbt didn't -.id, ID me, u if they were really feasible. That was the gap for me, she said, and iftbal is the cue then just say that it is not feasible at this time. Mayor Bradshaw said it didn 't seem thought out enough. Director SU11150n 's presentations were thought out enoug h. this one d ido 't seem like it was. Council Member Yurchick noted a lot of work went into this one. Mayor Bradshaw said I am not saying work, I'm j ust saying it hadn't been pared down yet. Counc il Member Yurc hick said that is what happens when you have one py crating the project and another g uy having to present it, who may not support the project 100%. Mayor Bradsha w a sked 1ftlus 11DSwered some of Mr. Yurchick 's concerns or can we~ to wuk OD them. o un,11 Member Yur,h1ck s:uJ as far as the conuruuee ,el.iuonshap ! Mayor Bndabaw saad yes. .. Enclewood City Council March 4, 2002 Pace 13 Council Member Y urchick said no, we have not received an answer. How do we set these guidelines so the committees know what the boundaries arc'? Council Member Wolosyn said I would have to say that those arc hard to define and it would be hard to set a group of rules. A lot of it is dynamics. If it is a group of people who just want to take direction from staff, then it will go that way, if you have a strong group of people then that's a different issue. It is a dynamic that works itself out, she said. and I think we have an honest structure. I think we do. Mayor Bradshaw stated every time you have to go through storming and oorrniJI&. I think it SOllllds like you have a huge turnover in that group, she said, and you arc probably ready to start doing that again and that is a group process. Mayor Bradshaw asked Council Member Yurchick what he would like to see. Council Member Yurchick said I don't know, I don't have any answers, I don't even know what the roles are and I don't think they are clearly defined. City Manager Sears said be wanted to make a SUB&CStion. M we beard tonight, Council is not satisfied with the information or the method that it was presented. We took a look at one side tbat said this bow this can come together and this is bow it can work and here are seven different optioaa to make it wort. But we really didn't take a look at those that would say that this is really kind of an additional burden, tbi • is an additional problem. I know there is that feel.in& among Council and the c:ilizcnry. I would like to take that back to the Committee, be said, and ask them to take a look at it from that viewpoint. An we going to actually get enough people to participate in this and can the exiatina staff people actually baadlc this or is there another method to do this? Perhaps a voluntary regisUation would work, for tboae that WUII ID do that. I think, he said, that there are a whole range of diffemil option& tbat the Code EDilrcemml Advilory Committee could potentially talk about. If you are not happy with cenain i-. be aid, then Council could handle it just like they did with ACE. Council rmanded c:enain diiDp back 1111 them far fllnber study. So that is one alternative that Council can choose, with naybc -diRc:tion, and tbal is what the Advisory Committee is there to deal with. I think the COIIIIIIClll, that perhaps this -a liltle overly staff driven. is probably an okay thing. Being honest about that and saYin& okay Commiuec, oa your own. without influence from staff, what do you think about tut? I think that c:ould be articulated 1111 them and I would be happy to make those comments, with Mike Flabcny'1 help, if the Council feels tbal-y. Mayor Bradshaw asked if that SOWlded better. City Mana2,er Sears noted that they can run the issue back through the Commillec apin and iftbey are llill saying that absolutely this is the best thing since sliced bread, then they can come back to Council and then it is up to Council to make that final decision . Council Member Yurchidt stated the issue: isn't this ordinance . To me, be said, 11 ii the lympllDDL Tbc problem 1s that I want the Comrrunec to voice their opinion and their input. Mayor Bradshaw said, to play devil's advocate, we created this thing called Code Enfon:cmeat. We pushed 11 really hard five years ago. W,: didn't have enough code enfoo:emeni, IO we said we WUll llllll'C code ~nforccment. We even lured a py to tell us bow to maaqe code eafon:emeul and where ii sbould be llJld how to handle 11. Now that we have thi1, our creation, I bear from citinm that we lave IOO aaach code enforcement. So. she said, there is a fine balance there . But I alao lhillk we need IO 191 balaaced pn11 a.I cons on issues that come before Council Maybe. she said. tbat II the role oftbole c-.es. Tbat they bould trunk through how tlus works. what would stop 11 from workmg and to give us the whole plCtllre and that \\ould be pan oftbe1r process . • • Englewood City Council March 4, 2002 Page 14 Council Member Yurchick said right . My concern is that they should receive committee input, he said, and I didn 't feel that they had that with this one. Mayor Bradshaw said it sat wrong with you to1111ly, from the beginning. Mr. Yurchick said yes . Council Member Grazulis said she agreed with Mr. Yurchick. Council Member Moore asked if they could reinforce, with this particular committee, that they are there on behalf of Council. That could come from the City Council rcprcsenllllive or the City Manager's Offic.i, just as a reminder. I hear a lot of pros and cons about code enforcement, he said, and I want to look to this committee to represent the citizens in this process . Mayor Bndsbaw said yes and for them to help with that balance. So, Mr. Moore said, lets remind them that they are there for us, to help us with these issues . Mayor Bradshaw asked if that provides a little more direction . I just needed the gestalt finished, she said, there was a piece and that was all we bad. Council Member Garrett said at the same time I look at the Parks and Recreation Commission, where a lot of the things that come before them is slaff driven. It is then up to that commilllee IO act u the fi11ler for that, which I think is the proper role of the committee. What I am bearing, he said, is that there is a feeling that maybe the committee wasn't the proper filter in this cue. I bate to start defining roles 111d responsibilities too clearly, because that actually bothers me . Mayor Bndsbaw agreed. Council Member Garren said it was the filtering procedure he would like to eiq,t.size, • much u the respcxDibility. Council Member Moore said that if you make it • clear as what I just said, then Code Enforccmmt could take an advocacy role, as long as the committee knows they don't have to do mytbina with it if they cloa't want to, that they cm serve as that tilter. Mayor Bradshaw said she thought they felt that they bad to have an mswer, that they bad to come up with a licensing program. I don't know that that was our direction, she said. Council Member Wolosyn said we did ask them to give usa picture ofwbat it would look like if-puRd licensing, bow it would be implemenced. For me , she said, I was sort of stunned. Is it really that expensive ii proposition? Mayor Bradshaw said this is my own bias, but I still think we are missing the poilll IDCllly, beca. the responsible pet ownen will be responsible and those that are inapolllible will be inespoosible 111d you can't legislate responsibility. • •••• Co unci l Member Garren noted, referring to Council Member Yurcbick's comment that he would be lair next week, that Counc il does not have a meeting nut week . ••••• City Mana ger Sears said he would like to brina 1111s to a liale btt of cloeure . I would alt that Couacil send this back to the Code Enforcement Advisory Commillft with some dinc:tioa. TbM Ibey u leut tab a look a l tlus iss ue. not ID terms of bow it can be established. but ia inus ofwlal it_., the c-.nily 111d u1ke a look 111 both the pros and cons of it and then comr beck With a report. Council MemMr Garren s uggested tbcy propffly outline 1M quesooa. Should -t.w tllll ..t if the J.OS\O.er I> )O:S, 1hc:11 hcrt IS !he prunary and here IS tbt s«Olldary. Bui, he~ OU1, the--, nay be no I h:n 1s tl1r que,uon. he $.lid. "betbcr the Ad"isory Comnullft tclt they bad the powu IO say no . En&lewood City Council March 4, 2002 Pa&e 15 Council Member Yurchick s;ud he docs not know the answer to that question. Mayor Bradshaw asked City Manager Sears what other direction be needed. She asked if ii is clear now . Mr. Scars suggested they write something up and send it out to Council and then send it to the Committee, to make sure that the questions Council bas is given to them so they can address those when they come back. Council Member Yurchick said you know this will go to public bearing and we will pack the house on licensing. City Manager Scars said yes, that is true. Council Member Garren said yes, unless the answer is DO. Mayor Bradshaw said I think that could be decided real fast. (vi) Council Member Grazulis: I . She said I am also OD the Code EnforcemcDI Advisory Committee and I have been uneasy since I walked into it, because I dido' I get into ii from the S1art. I WU trying to figure OUI which direction they were beaded and what ii was going to be. I had a problem with the company they chose, she said, and DOI coming up with enough letters of recommendation. Because of my bis1ory with this issue, I dido 't say much, so I was kind of silent, and just sat there. They kept asking me what I thought and bow Council would perceive this and I wasn't going to give them any answers right up front. I -also IBICUY with the money aspect of it, that it was just totally IDlttue and some of the things were hued on the m>ney. 2. She DOied Council used to get updates from Jim Ulrich reprding dwlgs tbat -bappnriq in Englewood, such as nurden and fires and a1Uff. Sbe pointed out that tbinp have bappcued, -were 101d they were sensitive, we never got anytbina and then we would sad about it in the Enalcwood Hcnld. People do ask me about these things, she said, and I was jus·t wonderin& if we could have some type of Council update when serious things happen within our City. If I don't lil1ml 1D the news, then I don't know what is going on. Mayor Bradshaw asked if Council could Reeive e-maila. lftbae is a fire or mdliDa we al-ys get e- mails, she said, but if there is an unsolved lllllldcr we sad about it in the paper. Council Member Grazulis said in particular if ii is a murder or rape and it is clc.e to home I would land of like to know. Besides, she said, it is difficult when people Slart to call me 1D ask me aboul it and then I have 10 say I have no idea what you are talking about. City Manager Sears stated there is a httle bit of a disconnect sometimes, but you are right, you are OD the line because people expect you to know. So, be said, we need to do a bClm job of muina Couacil aware of those emergency situations . Council Member Grazulis said sometimes I get calls if, for instance, they beard a lot of sirens at 3:00 a.m and they want to know what happened and I have DO idea. I realize if it was nodlina real importaDI I may never know, she said, and I don 't need 10 know everything. 3. She said she wanted to make a comment regardioa the poup lbal came to III about the open space . I do like the concept of acquinng more land fer the Anpaboe Counry Furpounds, she sud, because I was on thi s before the: y tore u down and I have a Iona history of trying to preserve that and keep it from being a strip mall. wlucb wd 001 happen. Ho•1ever, one of the tbinp I am ID favor of, reprdin& dm poup, is that when the Arapahoe County Fatrgrouods group Joes bold a lair 1111 either ID the coq,lex in Dmver or in Deer l'r.11 1 and yo u don ·1 ge t much pamc1paoon "'est of Deer l rm. Ms . Grazuhs polllled OUI that Englewood City Council March 4 , 2002 Pace 16 Arapahoe County is the only county that does not have a faitgrounds. If you can imagine , Arapahoe County, being one of the richest counties and not having a faitgrounds, it is rather absurd. That, she said, is just my comment on that. 4 . She advised that tickets can be obtained from Amy Doe for Back to Bach, which is a concert scheduled for Friday, March 22..i at 7 :30 p.m in our Civic Center atrium. I think it will be really nice, she said, and there should be posters all around. Council Member Wolosyn noted that Council should be receiving tickets. 5. She said she had a question regarding the green iton work that bas been going up around the businesses. It seems like we have come to a stall, she said, but maybe that is just ecoaomics or there is no one willing to do it anymore. She asked if there is a stall in punillg that green iron work up. Business and Redevelopment Coordinator Johnson advised that actually we are still 1J1Dving forward with that and you will see some more coming up soon. She noted that is pan oftbe Catalyst Program that goes along South Broadway and Hampden. We bad a business near General Iron Works that put up there own green iron work, she said. They called us, got all the specifics for it and knew that they weren't qualified f9r the program, but they still wanted to have the Englewood green iron work. Council Member Grazulis said that is wonderful. Mayor Bradshaw said we need to send them a letter or so~. Council Member Grazulis agreed and asked if we would be sending them a letter thanking them for participating. Ms. Johnson advised that they have already sent them a letter. Gnmlis said tbat is great. Council Member Grazulis asked, when a property within Englewood mikes wonderful improvements to their house or business, if we have any kind of recognition like we used to do with lighling. Director Sill1)50n said we haven't initiated anything like that. We talked, at a. time, about trying to do a recognition cere1J1Dny, like at the business appreciation breakfast, but it is bard to recopize or single out one business. Council Member Grazulis asked about residential because sometimes some of them go from ially ratty to really nice. Ditector Simpson agreed that we have some really great success stories. I would be happy to support that, he said. Council Member Grazulis said maybe they need to be nominated by other residents, so Community De velopment doesn't have to do all the leg work. Perhaps, she said, something could be ~lemented in the future . Mayor Bradshaw asked Director Simpson ifhe could help Council with the process. Mr. S~ said they could definitely help with that. Counc il Member Grazulis sa.id okay, that is fine . 6. S he a id w hen I was at the Teenage Drinking Task Force the other day, with Olp Wolosyn and Gary Sears. we fo und out we have :1 new contact at the Denver Post. She said Marlys Dunn is no 1on1ff the re . Englewood City Council March 4, 2002 Pa1e 17 City Manager Sears noted that Ms. Duran is actually with the ~ews. Ginny McKibben is the one that is gone. Ms. Grazulis said she was sorry, that she knew that, that it is Ms. McKibben that is gone. Council Member Grazulis advised that the Teenage Drinking Task Force meetings arc coming along nicely. 7. She asked when the next Centennial meeting would be held. Assistmt City Manager Flaherty said that actually they haven't bad a meeting of the ad hoc connnittee yet. We arc looking at the week of March 11• for that lint meeting, he said, and we will get Council that information as soon as we can. We arc trying to finalize that this week, internally, he said. Ms. Grazulis thanked Mr. Flaherty and noted that when she called about it they thought that the meeting had actually been held. 8. She said that when she went to that last Code Enfotcement Advisory Conunittec meeting they bad a five minute video with Ernie Bjorkman in the role of the code enforcement officer. It was absolutely hilarious and really worth seeing, she said. I would like Council to see that Mayot Bradshaw suggested that be scheduled for a Study Session. City Manager Sears said it is only about two minutes long. so they could scbcdulc that for March is•. Ms. Grazulis commented that one of the things that happens is lhat he writes out a fine for a den:lict vehicle with tra1h in the back of it and be is kind of giggling under his breath about Englewood. That is why, she said, I have a problem if we can't enforce that SI 00 .00 fee. l think if we enforced lhat fee then people wouldn't want to pay it and so that would give them the incentive to have the vehicle hauled away. She felt that might get rid of a few of those can like that 13 . City Mauaer'1 Report (a) City Manager Sean advised that they started work on General Iron Worb and~ was a flyer that went out to the neighborhood. I have a copy of our pennit for grading and work on the site if anyone is interested in taking a look at it, he said. It is a pretty tborouah document and it pldl the rcsponsibility on RTD to enforce drainage requirements and monitor the~ types of particles and whatevet. If you arc interested in the details you can take a look at that. l think it ii probably helpfial in case you receive a telephone call from a citizen. Rick Kahm, in particular, and Ken Rou arc WOtking very closely with them on this . They arc responsible fo_,r the clean-up and extraction of the metals and things like that. It does appear that they will be going down Galapago and they will not be going through the Winslow property at this point in time. Mayor Bradshaw pointed out that they arc removing a lot of the metal by rail, otherwise that would have doubled the trips coming off that site. City Managct Sears said that ii ript Mayor Bradshaw said she wished they could have used Winslow. Mr. Sears advised that Ken Ross and Rick Kahrn were present if Council had any questions. He said we will c ontinue to monitor it and work with them on each of the issues that come up, but Ibey uc in the process of demolition right now. ( b) City :\fanagcr Scars advised that this afternoon we received II transmwion from the L1ttleton City Managl'r's office. It was a lcncr signed by their mayor in opposinon to Senate Bill 2-11. Which has an amendment in the rc by Senator Teck which relate5 to elimination of enforcement by local go,,emmenr or motor earner safety rcgulataons . We have raised dus 1ss~ at Tn-Cmes meetings many Enclewood City Councll March 4, 2002 Pace 18 times, be said, and it is a major issue for Littleton, but also for us. I know Director Olson bas been involved with them and he is just amazed, from the law enforcement viewpoint, that they are proposing to take local law enforcement away. m Mayor Bradshaw said I think we need 10 have a letter drafted . jlt< S:.rs said we could draft a similar letter in opposition and send that off 10 them right away. Mayor Bradshaw asked if that was the consensus of Council. She noted that we have worted really hard to try to keep dani;erous trucks off of Santa Fe, now, with this amendment they would be saying that we can't doit. Director Olson said this must have just come up, because I just attended a legislative committee meeting with the chiefs of police the other day and this was not even discussed. Mayor Bradshaw advised that it just came up . Mr. Olson said it must have been today or Friday. As it was the consensus of Council to send the letter, City Manaser Sears advised that they would prepare the letter tomorrow and send it off to Senator Teck. ( c) City Manager Sears advised that we received a letter today from KU1ak Rock, our bond counsel, and they want to know if we are planning to participate in the Mayor's Caucus Single Family Mortgage Program. As we understand the direction from the Council, be said, it is that we are not to proceed with them, IS ofFebruary 2s•. which was their deadline . We have some other alternatives, including CHAF A and some other things, that we can bring baclr. to the CoUDCil. But I guess what I would like to know, be said, is if it is the final decision that Council will not be participating with them, so we can tell our bond counsel that those funds won't be transfemd over. Mayor Bradshaw said I thought that was because we have our own allocation this year. Council Member Garrett said I think that WIS the consensus of the group, becaUle the question we were asked, specifically, is if we wanted to do anything by February 2s• and the amwer was no. City Manager Scan and Mayor Bndshaw agreed. Because, Mayor Bradshaw said, we have our own allocation this year. Council Member Garrett asked City Manager Sears ifhc was just looking for reiniorcement of that decision. City Manager Scan said that is actually right, reinforcement before we lmDinlte that Mayor Bradshaw asked if that was Council's consensus. Council indicated it was. ***** Co uncil Member Moore asked if the lcttcr~g Senate Bill 02-11 wujust aoin& to be sent to Senator Tec k or if it would be sent to our representatives . City Manager Sears said we absolutely should. We co uld send it to Jennifer Veiga and Senator Dyer, be said. Mayor Bradshaw agreed and thanked Council Member Moore for his sugestioa. 14 . City Attoruey's Report Cny 11omcy Brotzm:m did not have :111y matters 10 bring before Council . ••••• Enpewood City Council March 4, 2002 Pase 19 City Manager Sean advised that several of us will be in Wahington, 0.C. next week. He thanked Council for the opportunity. I • •••• City Manager Sean advised that Diana DeGette wu more than pleased about what happened today. She expressed that to me, be said, and asked that I thank Council on her behalf, for putting it toaether. 15. Adjoarn-t Approved as amended 3/18/02 Correction: page 18. paragraph 2 "Ms," to ''Mr." ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar Seaioa Marcla4,2082 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw al 7:32 p.m. 2. lavocatioll The invocation was given by Council Member Nabbolz. 3. Pledpel AHeat•wce The Pledge of Allegiance was led by Mayor Bradshaw. 4 . RolJCaU Present : Absent: A quorum was praent. Council Members Nabbolz, Moore, Grazulis, Garrett, Wolosyn, Ymcbick, Bradshaw None Also present: City Mamaer Sears 5. Mlautes City Attorney Brotzman Assistant City Manqer Flaherty City Clerk Ellis Director 01-, Safety Services Business and Redevelopment Coordinuor Jolmson Director S~ Coamamity Development (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 19, 2002. Ayes : Nays : Abstain: Motion carried . 6. Scheduled Vlslton There were no scheduled visiton. 7. UDKbeduled Vlslton Council Memben Nabholz, Moore, Wolosyn, Ymchick, Grazulis, Bradshaw None Council Member Garren (a) T . W . Andenon advised that he ii on the Cenlennial Ai,port Finance Committee. You aU probably know about lhe trouble we have had with the FAA, hr uid, and that we arc tryina to set the ED&lewood City Council Marcb 4, 2002 Pqel money wc need to keep the airport running. The Finance Committee bu decided to m:ommend to the board that we allow a nine-passenger airliner out of the airport, maybe to Colorado Springs, once a day and back. We are also m:onunending, as an alternate suggestion, that we go to tbe voters with a request for a one third to a balfmill lcvy for tbe airport. lfwe get tbe money from tbe FAA we won't need the mill levy, be said, but we figure we bave to bave an alternate plan. I hope you folks will understand bow important the airport is to Arapahoe County. I serve on that conanittce with four mayon, be said, the mayors of Aurora, Greenwood Village, Centennial and Lone Tree. We feel it is very imponant, economically, to Arapahoe County. The: airport bas 900 ~loyees and they are responsible for another 3500 jobs in the area. I'm just saying we would appreciate any oftbe help you can give us in any of the areas we are involved in. He asked if anyone bad any questions. Mayor Bradshaw asked wbat be was specifically looking at u far as assistance. Mr. Andenon noted they thought about getting a $400,000.00 to SS00,000.00 contnbution from eacb of tbe citiet to help in the interim. But, he said, we decided that wasn't the thing to do. We 8°' Arapahoe County to put up a million and a balf dollars to talte care of tbat I would say tbat wbat we are concerned about is tbat if we bave to go to a vote for the mill levy we would like to bave all the encouragement we can get from the City of Englewood. Mayor Bradshaw said okay, Council will take it under advisement. She thanked Mr. Andenon. There were no communications, proclamations or appoinlmenls. 9. Public Heartna No public bearing wu scheduled before Council. 10. c-•A&eada COUNCIL MEMBER GARRETI MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), II (b) (I) AND 10 (c) (I), (ll) ud (DI). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 9, INJ'RODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO . IS2 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITIIIN THE DISTRICT BOUNDARIES . (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 9, SERIES OF 2002 (COUNCIL BILL NO . 7, INTRODUCED BY COUNCIL MEMBER GRAZULIS) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BE'IWEEN THE ARAPAHOE COUNTY CLERIC AND RECORDER AND THE cm OF ENGLEWOOD CONCERNING THE COLLECTION, DISBURSEMENT AND VENOOR RETENTION OF SALES TAX. ( c) Resolutions and Motiom E..-oocl City CollDdl Mardi 4, 2882 Pqe3 (i) PURCHASE ON A VOLVO GRADER THROUGH THE COLORADO STATE BID PROCESS IN THE AMOUNT OF SI IS,023.00. (ii) ESTABLISHMENT OF TWO CITY-WIDE SIDEW ALI{ SALES EVENTS ON JUNE 8 AND AUGUST 24, 2002. (iii) CONTRACT WITH KENNY MANTA INDUSTRIAL SERVICES FOR CONSTRUCTION OF AQUEDUCT IMPROVEMENTS TO THE CITY DITCH IN THE AMOUNT OF $157,800.00. Mayor Bradshaw uked if there wu any diacussion. There wu none. Voten111hs: Motion carried. Ayes: Council Members Nabbolz, Moore, Garmt, Wololyn, Yurdlic:k, Grazulia, Bradlllaw Nays: None 11. Replar A.pada (a) Approval of Ordinances on Fint Reading There were no additional items lllbmitted for approval oo first readina-(See Agenda Item 10-Coment Agenda.) (b) Approval of Ordinances OD Second ReadiDa , (i) Tax wu considered. Council Bill No. 3, audiorizina a temporary reductioo in 1be City's Admiaaiona Mayor Bradshaw asked if Council wallled 8Ulinea and Redevelopmnl Coordinator Jobmon to give a presentation. Council indicated a pmenlatioo wu not neceuary. COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (1)-ORDINANCE NO. It, SERIES OF 2112. ORDINANCE NO. 10, SERIES OF 2002 AN ORDINANCE AUTHORIZING THE TEMPORARY ADMISSIONS TAX REDUCTION FOR A TWO YEAR PERIOD . Mayor Bradshaw asked if there wu any diacussion. There wu noiie. Vote results: Motion carried . Ayes : Council Members Moore, Garmt, Wololyn, Yurcbick, Grazulia, Bradshaw Nays: Council Member Nabbolz (c) Resolutions and Motiooa There were no additional resolutions or motionl aubmiued for approval . (See Apndl Item 10 • C-..t Agenda.) Eaa!ewood City Council March 4, 2002 Pa1e4 12 . General D11eu11lon (a) Mayor's Choice ( i) Mayor Bradshaw thanked Council Member Garrett for inviting Diana De0ettc to the meeting this morning. It is great to have someone who will represent Englewood, undentands Englewood, is a native of this area and genuinely cares about our community. It was so refreshing, she said, to meet a United States Representative who really, really genuinely likes our community. That was such a breath of fresh air. (ii) Mayor Bradshaw advised that on March 25• we will have an open forum for citizens to speak to Council and Council Member Yurcbick will chair that mmin1. I lave uked that we bold the forum at Sinclair in order to get it out of this building and out into the community, she said, and I hope that is not a problem for people. I have also requested that the one in April be held at Bishop, she said, just to get us out in the community. Council Member Yurcbick asked if Sinclair is definite . Mayor Bradahaw said staff is letting that up. City Manager Sears said be did not know if that bad been confirmed. But I know tlat we lave talked to them, be said, so we will verify that. Mayor Bradshaw advised that she was thinking that between 6:00 p.m. and 7:00 p.m. Council might just do some general discussion about housing and businesa issues south of Haq,den. on the Broadway corridor. That was at Council Member Grazulis • s request, she said, and I think that is important. If people don't come to the forum then we end up with a study lelSion like we bad that one nip& that was just packed. For these forums, she said, I was just wondering if we could lave lllldy aeuion illelm between 6:00 p.m. and 7:00p.m. so we don't end up with one night that is just packed. I don't know bow you feel about that, she said, but it is just a suggestion. Council indicated they agreed with her suggestion. (iii) Mayor Bradshaw advised that last Monday's School Board meeting went very well . I think we covered many, many issues and we had a good discussion. (iv) Mayor Bradshaw advised that the meeting with Director Simpson and Cheryl St. Clair went well and we will continue to work cooperatively. (v) Mayor Bradslaw noted the Wesley iuue is that AVS will be building boulcs over time , but we still need the facts from staff before we can make a decision about that. She asked if that was Council 's direction from the Study Session. Do we need the money or do we develop it single family? (vi) Mayor Bradshaw said she would like to have staff set up a meeting with RTD, on General Iron Works, for around the first of April. She said she would like City Manager Sears to attend that meeting and also, Council Member Garren, ifbe is available. City Manaacr Sears said be would set that up . ( vii) Mayor Bradshaw advised that we met with Littleton and the Humane Society OD the proposed site for the new Humane Society facility and the nqociations are c:onti•ina . I want to thank Director Olson, Assistant City Manager Flaherty and City Manaaer Sears for tbeir efforts on this. (viii) Mayor Bradshaw noted that last week tbe HOUIC of Hope celebrated tbeir year anniversary and they gave us a small water spiaot with the House of Hope OD it. I pvc it to Janet Grinuncn on our staff, she said, because she docs tbe work with them and I tbouabt it was i...-,.m for her 10 have that . I also have the House of Hope wish lilt and I uked them to e-mail ii to us. I will jllll pall this around, she said, and if any of you have any of tbe needed ileml Ibey would appreciate that too. Enalewood City Council March 4, 2002 Pqe5 (b) Council Member's Choice (i) Council Member Nabholz noted, in January, a young lady came before Council requesting some funding for a trip to Wubington, D.C. and Council autboriud SS0.00. She bad to turn her money in two weeks ago and she was afraid to call because she thought we had changed our mind. My question is, she said, what is the process and how long does it take when we are going to cut a check or make a donation. I think we should still stand by our promiJe , she said. In response to City Manager Sean, Ms. Nabholz confirmed that the young lady is still planning to go to Wahington. D.C. City Manager Sean asked who is sponsoring the trip. Council Member Nabbolz said she was not sure, that it is through Englewood High School. Mr. Sean aid we can give her a call. Mayor Bradshaw said she thought it wu through a private coq,any, not through the schools. City Manager Sean said ifwc could find out the name oflhe company we could give them a call We could then send them the check and they could reimburse her the SS0 .00. If that is okay, be said. Council Member Nabholz said that is okay, but she wu just sorry it has to be so much work. Mayor Bradshaw thought she had left a letter with City Clerk Ellis that night. She asked Ms . Ellis if she had left anything with her. Ms . Ellis indicated she had not. Council Member Wolosyn said I know we told her that we had to be sure that she actually bad received the entire amount, bc:cause we weren't going to give her SS0.00 without knowing that. So, ahe said, -ybe that is where the glitch occurred, that she dido 't come back and let us know ahe had the entire amount. City Manager Sean asked Council Member Nabholz to have the young lady contact him. Ms. Nabholz said she would. Council Member Yurchick asked if she had raised the money . Council Member Nabbolz said ahe sure did. Mayor Bradshaw said good for her. · ( ii) Council Member Moore said he would like a copy of the larger document that Bryan DesMarteau referred to tonight in terms of the licensing discussion. Mayor Bradshaw asked what that was all about, after that. Council Member Yurchick said be did not know, but that be wu being accused of shortening the document, but I was not the author and I believe the author is here. Mayor Bradshaw asked what that was all about. I don't undentand the citizen's concern. Assistant City Manager Flaherty said he was not sure either and be wu not involved in the discussion. I do have a copy of the larger document that was mitially prepared, be said, and I would be happy to provide that to Council. Mayor Bradshaw said she thought Council Member Moore wanted a copy . Council Member Moore said that, in acneral, l certainly welcome the c:ondenling of the malaia1, so I don't want to suggest that I'm looking for more, but in this caae I would like to see this one . Beca111e, be said, I am kind of interested in terms of what is goina on. I wonld also like to make the comment, reprdina the Enpewood City CouncU March 4, 2002 Pase 6 memo,' in terms of the numbers presented , that it is clearly unreuonable to lbink that I 00% of the cats will be registered. I don't know what the guess is, be said, but at the same time, looking at the doUars that way doesn't tell me anything . Assistant City Manager Flaherty stated we can provide some percentages ... S0%, 33% ... to give you some numben that way, as well . Council Member Moore said be knows it is a wild guess, but whatever that pss might be, it is still at least a little more to go on. City Manager Sean asked who elae wanted a copy of the 28 paae document. Council Members Yun:bick and Grazulis indicated that they already have it. Council Member Nabbolz said she probably should have it, as they will be discussing it at a Study Session. Council Member Wololyn said she didn't need a copy, but that she would like to come by and look at one. I once mentioned to Council Member Yun:bick, she said that it might be nice to have a place in Council's little room where we could have tbeae larger documrnts and we could go and look at them. Mayor Bradshaw agreed. I am really against us running off everything. Mayor Bradshaw opined that this was such a disconnected di1CU11ion tonight. I don't know if it was just me, she said, but it didn't make sense, it didn't feel that tboae were bis words coming out of bis mouth. Council Member Yun:bick advised Council that Mr. DesMartcau doesn't support a lot oftbis, but he is the spokesman for the Code Enforcement Committee. Council Member Moore noted be was uked point blank and be said be did support it, u well as the committee. Is that not the case? Mayor Bradshaw said that is why I uked the question. Council Member Moore stated that Mayor Bradshaw uked him point blank ifbe ~lly supported it and he said yes . Council Member Yun:hick said bis comments in the convnittce meetinp have led me to believe Olberwile. Unless, he said, he bas changed bis mind and be may have . Mayor Bradshaw said I know we requested another study session, but, number one, I can't justify addina a person to keep track of pets . The people who don't get their dogs tagged, licensed or take them to the vet, are still the ones who won 't register them So we put this whole governmental thing together, she said, and, from where I sit right now , I just don't think it is necessary . Council Member Yurchick said it is bis understanding that they don't enforce the vaccination law, even when they pick up the animals . Mayor Bradshaw commented that they are asking for more laws to enforce, when we don't enforce the laws we have. (iii) Council Member Garrett : I . He said be would like to know what .2S% of our sales tax is . I couldn't quickly do the aumbcn in my bead, but the Arapahoe County ()pm Space is .2S% so I would like to see what we are aen,mlina in sales tax, against that number, to see what our take would be . Enalewood City Council March 4, 2002 Paae7 Mayor Bradshaw noted that actually we are getting 1.25%, so we would be getting half of what we collect off of that mill levy . Council Member Garrett said most of the open space they arc: talking about is to the east Mayor Bradshaw said yes. So, Mr . Garrett asked, ifwe were to say to our citizens do you want to do this for younelfat .1%, would we be generating for Englewood the same amount of money. It seems very rich to me, he said . Mayor Bradshaw said that is a good point. Council Member Wolosyn commented that she thought they said in one place that it is based on vehicle registtation, but then in another place it said vehicle regiattatioo/~enue. Council Member Garrett said it is vehicle regiattation, so I want to see bow that ~ to our sales tax numben. Just to get a sense of where we are, he said . Council Member Wolosyo said she wu also wondering about the actual numbers they were using for vehicle rcgisttatioo. Are they sure it is us, or is it one of those things that could be zip code hued and then there would be a big problem once it was passed? Council Member Garrett said it is just something I would like information on. Mayor Bradshaw said I was not impressed, period. Council Member Garrett said it was extremely rich for my blood. 2. He said, with respect to the properties on Wesley, that they are zoned for more density than we are talking about building. So I think one of the things we are looking at, is if we own thole properties lets go ahead and up-zone those places. Because one of the justifications for taking a lou, he said, would be the cost if we decide to up-zone property and create R-1-A there, which is IOIIICtbing we are always secblg. · So lets go ahead and lock that in, he said, because the lut thing we want is for someone to buy a house and ten years from now rau it and put in duplexes, if that is our ultimate goal. 'That is just something to think about as we go forward. Mayor Bradshaw said I thought it was Council's goal to raise the bar on the quality of houses up there . That every house does not have to have a garage that faces the front street, the design needs to be better and we want to encourage single family ownership. Council Member Garrett said we can do that to our property and go ahead and rezone . Mayor Bradshaw said that is a good point. Mr . Garrett said it is just an idea . 3. He noted he appreciated the ttailer on Quincy and the information. Correct me if! am reading this wrong , be said, but it appears the trailer works . It has slowed down people coming off that bill, by about four miles an hour, he said, which I think is quite a lot . Director Olson said, then again, we have kids wbo try to see bow fast they are going by using the trailer as their benchmark speed device . He said it is hard to say whether the trailer sloM them down or the trailer is just the tool measuring the normal ttaveling speed. Council Member Garren said he saw brake lights . When you moved it up the hill a bit, I could see people braking when they saw the ttailer. Mayor Bradshaw said that is good . Director Olson adviK<I that he and Director Ross have viewed some permanent devices that can actually be mounted there permanently. That is another alternative, u opposed to a~. mobile type unit that is • • En&Jewood City Council March 4, 2002 Page8 only there a few weeks out of the year . So, he said, there arc other alternatives . Mr. Garrett thanked Mr . Olson. 4. He stated he has a great amount of pride when people tour this building and we show them what we arc doing here, as we did this morning . I think people who haven't been here for a while , and then they sec what is going on, arc impressed at what we have accomplished. So, he said, I take a lot of pride in showing this building off and the facilities. (iv) Council Member Wolosyn : I . She said she was very happy that she attended the meeting this morning and toured the building with Diana DeGettc . Like Council Member Garrett, I was impressed with how impressive wc looked and I was very proud, she said . She noted that City Manager Sears and Mayor Bradshaw did a great job of showing us off. 2. She advised that she mentioned this last week, at the School/City meeting, that Council Member Garrett had asked that Council Member Nabholz and I take the lead on trying to do something to make sure the parade goes forth . We will be meeting with Nancy Reid, when I get home on March 19*, to take a look at what really happens . She noted that the staff docs an awful lot of work and the cOIIIIIIWlity docs a lot of work, but we need to define both of those areas . Maybe wc should be looking at a community-based group in the form of a board or conunission, she said, but wc would want to be using the existing corporation. So we arc going to be looking at ways to do that, she said, and we will report back to Council after wc talk to Ms . Reid . 3. She noted in the packet there is a list of the letters from the Cultural Ans Commission and the list of vacancies. There has been one resignation, Rosemary LaPorta has moved out of the City and closed her business and one member hasn't come to very many meetings. When wc diacuucd terminating these three positions, she said, I think it was the consensus of the Commission to wait until June. We can cenainly ask these people to resubmit their applications, but wc would like to show a vacancy for Cultural Ans. I just wanted to mention that, she said. City Manager Sears said he wanted to clarify that the Commission wants us to go ahead and advertise for vacancy and then Council will select in June , at the regular time . Council Member Wolosyn said yes, in June, we just want to keep it on the regular schedule. 4 . She said she received a call today from Kyle MacMillan from the Denver Post. He is doing a story on the number of initiatives for art centers going forwud in the metro area and he wanted to ask about ours . I gave him what I thought was an accurate update of where we are, she said. I advised him that the Cultural Arts Commission wrote a comprehensive business plan a year and a half ago and wc feel we arc read y to re visit it. That things ha ve changed in the metro area, in the City and with our goals . That Council included $300 ,000.00 in the 2002 Budget for the first installment in a land bank. That the next thing wc will be working on is earmarking sites that we can work with to go forward. Ms . Wolosyn said, not necessaril y that there will be an ans center, but lets earmark a spot and see how it works in the cornnunity. I want to thank the vanous Council members, she said. who have been so supportive and have helped me learn to art iculate this. In the coming weeks , after I get back from Wasbington. D. C., I would like to get serious about defimng a site . lfwe are goin g to be looking at developina other areas oftbe City, she said, I definite ly want us to be looking at putting in another fine public building that we can show off, just u we did with thi s building today. (v) Council Member Yurcbick : ' • • En&Iewood City Council March 4, 2002 Pace9 1. In response to a couple of citizen requests, Mr. Yurcbick asked for a swmnary of the David Taylor deal, what we are going to give them up front and what they will get annually. Also, when will MOA provide accounting for their $50,000.00 contribution to the City? City Manager Sears asked Assistant City Manager Flaherty to respond. Mr. Flaherty advised that the MOA accounting is al the end of their contract year, which is the end of June. We have a deal sheet with David Taylor, be said, when we can provide. Council Member Grazulis said she would also like to see that. Assistant City Manager Flaherty advised that the deal sheet with David Taylor is subject to a final contract which we do not have . City Manager Sears said there is a deal sheet that COW1Cil approved along with David Taylor and -can pull that up for Council. 2. He said ACE asked what the Building Department is doing with their internal survey. Director Olson advised that they have redeveloped the form and the form can now be easily co~terized with the data. So they started on that and the data entry bu already begun. They worked with the IT Department and it is all set. Council Member Yurcbick said okay, I will let them know. City Manager Sears asked Director Olson to provide Council with a copy of that form and, also, a copy to Jan Johnson and she can put it in the ACE packet. 3. He asked why Code Enforcement doesn't have the time to enforce the $100.00 per derelict vehicle fee . Mayor Bradshaw said she wondered about that too. Council Member Grazulis said that was her question too. Council Member Yurcbick said be didn't need an answer tonight. Director Olson said be didn't have one anyway, as this is the first time be bas beard tbaL , Mr. Yurchick said it is not the lint time be bas beard iL Mr . Olson said be is really not sure. Assistant City Manager Flaherty said be could add something to tbaL He offered that it is a registration fee, not a fine. I think a fine was mentioned in the presentation, be said. Apparently, there is a registration fee on the books and the registration bas never been implemented for reasons unknown. Council Member Yurcbick stated it is SI00.00 per year, per derelict vehicle. It is a law oo the books. Assistant City Manager Flaherty said apparently so, but I haven't seen the citation. Director Olson said they will really look at that, because that was confusing tonight. I think you are talking about the Hobby Vehicle ordinance, but I'm not positive, so I will find out what is aoin& on. 4 . He asked why the letter was shortened tonight. I am sure I will be aaked lbat question. Council Member Grazulis also wondered why it was shortened. Assistant City Manager Flaherty advised that the presentation lbat was prepamt by a Code Enforcement staff member was reviewed by the City Manager· s office and it was determined that it appeared to be advocating , in particular, the differential fee for spayed versus 11111payed and neutered "mllS UIIIIClllered • • . -- Enctewood City Council March 4, 2002 Pace 10 animals. Basically, be said, what you saw, that I redid, was a document with the information regarding the spaded and neutered animals deleted. S. He advised Council that be would be late next week . 6 . He conunented, regarding the Code Enfon:emcnt Conunittee, that be bu gotten the ~ssion over the last year that it is kind of the tail wagging the dog. That it is staff driving that conunittee and it is not the conunittee setting the agenda. I have read the ordinance on establishing the Code Enforcement Conunittee, be said, which pretty clearly oudines their duties, but it doesn't really outline staff's role with that Conunittee. I just have a fundamental issue when sometbin& like this dog licensing comes forward and it is directed out of Code Enfon:ement. So we have the people wbo have to enfon:e the law, tryina to write the law . Mayor Bradshaw asked Director Olson ifbe would like to respond to this. Director Olson noted that the Department of Safety Services continually prescn1S various laws that we would like to see put in place, so it is not unusual to have staff make thole propouls. So I gueu, be said, it is to the extent that you feel it is an advocacy type of position and I think that is what was reviewed in the 28 page document. It appeared, be said, to be too much of an advocacy type of thing. We dilcuued it and I don't think it was, but it just may have come m that way. Reprd)eu, that is why the document was cut down to make it look like it was more a neutral position, which it actually should be. But, be noted, there are a variety of reasons that we come forward to Council with different proposed ordinances, so that is not unusual to have staff doing that. Council Member Yun:hick said his concern, on this particular issue, was that he felt like the Code Enfon:ernent staff was trying to railroad this thing in, the way they wamed it, not so 11111Ch the way the Conunittee wanted it. Director Olson said be would be real honest He atalcd that we don't really care which way this pa. Whatever Council puts in place, he said, that is what we will enfon:e. But we really don't care if it doan 't go through at all . That's fine with us. If it does, obviously we will wort with it in the best way that we can. But, be noted, its not something that we have set around and said we have to have this. Council Member Yun:hick said the issue isn't the law, whether the law passes or not is irnlevant to me. The issue is the fact that staff is driving this stuff and the commiaee isn't. Mayor Bradshaw said then what you are saying is the Committee is suppoeed to get neulral information and serve in an advisory capacity to Council and that is not bappenina. Council Member Yurchick said it is to the point that Code Enfon:ernent bas a list of ilelm they wan1 oa the agenda and it is not driven by the Conunittee itself. Mayor Bradshaw said you mean the Code Enforcement Officen have a list of tbinp they WUII. Director Olson said well sure , that is the way it bu been for yan prior IO tbe Commit1lee beinl in place. Council put the Advisory Committee in place to be a citizen rcpmealative body, but prior Ill dial, we would come directly to Council with these issues. Now we ao dlraup tbe Commit1lee and that ii fiae . It has taken us several years to get comfortab~ with why they are there, whal are Council's expectations and what are we supposed to be doing with them. I totally agree, be said, I don 't want my folb over there strongly :idvocating a position. They can definitely say that this is bow we would like IO sec it, bul if you want lo do it differently, that is fine with us. t • -- Englewood City Council March 4, 2002 Pase II Council Member Yurchick said that is fine, but my concern is that the Committee should be the driving force on these issues. Director Olson said I think they will be on most of the issues and unless they an: constantly brought up to date on what's going on or what staff's issues an:, then they won't be aware of them It is actually b,oth groups working together, be said, and that is the way it should be. Then they make recommendations to Council. He advised that there will be times when staff will come to Council with something, regardless of where the Committee is at, because it is something we need to do u a staff. Just u we do with police related matten or fire matten. We don't go through a committee to make sure it is oby. We -lyze the issue, come forward to you with our position and see what COW1Cil thinks about it. Council Member Wolosyn said I think that is an important point you an: making. Say, in Cultural Arts, I wouldn't want staff putting things through directly to CoWJCil without informing the Commission. On the other hand, she said, the Commission will bring up its own points too. Things come from both ways, to come ba ck to us . Director Olson said that was his undentanding u to why the Committee was put in place; at least it was several years ago, when it first started up. Council Member Wolosyn said she agreed with Council Member Yun:bick, staff shouldn't direct Director Olson said be agreed. I don't want to have our folb just sitting there slunning something down that Conunittees throat and then they feel that they have to go with it That is not it, be said. Mayor Bradshaw opined that there is a fine line there. We have staff for the Plannina and l.oaing Commission, the Code Enforcement Advisory Committee and the Parb and Recreation OJmrnillion and I think it is a fine line, a fine profeuional line that people need to walk. Being advmy Vermd reconnmding. And that is your concern, she said, that there an: =--dabom coming lbrough and not advice. Council Member Yurchick said his question is bow do we address this issue. Mayor Bradshaw asked if Council should tighten up committee rules . Council Mrnttr Grazulis suggested that Council review the rules. Director Olson said be didn't bear that. Council Member Yurcbick said his question was how do we address this issue. Dir~tor Olson advised that be would, obviously, address it internally. When the Committee first started out. be said , I was there and then I backed out of it. because I didn't want them to feel like the Director of Safety Saviccs was somehow leading the Committee. Which, be said, I have to tell you that at the first meeting we ac tually did, because wc bad a group of people who were really not quite sure why they were there and what they were supposed to be doing. So I gradually backed out ud that is why wc have also not allo1>'Cd most of the staff membcn to be there , because that wu creatina somewhat of a problem too . My undenlanding is that right now David Lynn will be there , occnicwlly Bob~ IIDd, of course, Mike Flaherty from tbc City Mw1cr'1 omce. We mvc tried to remDYe tllal intimide!ioo factor ud tbc feeling that WC an: tr)'UII to push issues. Council Member Yurduc k said that is his concern. tbal be waDIS tbc Comminec to ckvclop their a,coda. I'm DOI scrun1 their agenda and I doa'1 urc what their a,coda ia, be said, bul I dlink Ibey abould be ICtlina their 0 •11 agenda. •• ' ... En&1ewood City Council March 4, 2002 Pace 12 City Manager Sean said I think this is a discussion we can come back to. I think we have a number of committees that staff is involved with. Be it ACE, or the Planning and Zoning Conunission or the Code Enforcement Advisory Conunittee. And, be commented, the Code Advisory Conunittee is always one of the most difficult, because we are either enforcing it too bard or enforcing it too light. We are going to collectively get hit one way or the other. He opined that we need to de velop some propoula and some policies to deal with the different elements of every committee we have . And, u Director Obon said, then we need to leave off and ask if the committee wants us to follow-up with that or ult if this is something that is taking it too far beyond where you want to see it. It is a pendulum. He noted we faced that two or three yean ago when it wu too lax and we weren't enforcing adequately. I think to a certain extent we have beard that we are over enforcing it or we are enforcing it too strict or stricter lhlll aome people would like or we are taking it to a different level. But we need to stay in touch with that Committee. Mr. Sean pointed out that if we don't make a recommendation about things that can iq,rove tbings then we are really not doing our job. We are also in a position of knowledge, be uid. We are out there and we kind of know what is going on and the committees, as volunteers, kind of rely on the people who have that knowledge. I don't think we framed Ibis issue adequately. As, A.ISistant City Manager Flaherty said, we tried to neutraliu wh ere we were at, but maybe we need to work on bow we do things. Council Member Yurchick said that is fine. For instance, be said, in my opinion, it should have been neutral before it even got to tbe City Manager's Office. City Mamaer Sean uid I think you are probably right. That is, quite frankly, why I have bad Mike Flaherty stay on the Code Enforcement Advisory Committee. Because it is a bot issue in this collllDlllity, it will always be a bot isaue in this c:ommmity and I want to make sure that, at my level, we are in tune with that. I'm not 1111re we stayed where Council would like for us to stay, be said, but I think Council's direction is relatively clear and I think that is what we would like to do. It is a two-way street. Ifwe guide a committee by saying "look, you don't want to do this type of thing" then I think we could be in the same jeopardy u we are when we say "take a look at it." I think it is bow we present that information. Our job, u staff; is to preaeat ideaa and preaeat ways to iq,rove things and then step back and ult the cilizem if this is what Ibey would like to -eafon:ed within their collllDlllity. We probably just need to do a better job, be said, pallapl this one lbouldn't have reached Ibis level in the way that it did. Mayor Bradshaw said maybe that is why I felt Ibis wu incomplete, that we weren't ready to diacusa it and I don't think they were ready to present to us. That is what I wu seming. Council Member Wolosyn said, for me, the gap wu that I do support lic:emea, now give me a way that I can undentand, that it could actually happen. The alternatives I beard toaigbt didn't lOUlld, to me, u if they were really feasible. That was the gap for me, she said, and if that is the cue then just say that it is not feasible at this time . Mayor Bradshaw said it didn't seem thought out enough. Director Simplon 's presentations were tbougbt out enough, this one didn't seem like it was . Council Member Yurcbick noted a lot of work went into this one . Mayor Bradshaw said I am not saying work, I'm just saying it hadn't been pared down yet. Council Member Yurcbick said that is what happens when you have one py creatina the project and another guy having to present it, who may DOI lllpp0l'I the project 100%. Mayor Bradshaw asked if this answered some of Mr. Yun:hick'sconcems °' can we coatimK to work on them Council Member Yurchick said u far u the committee relationship? Mayor Bnidlbaw said yea . Enalewood City Council March 4, 2002 Paae 13 Council Member Yurchick said no, we have not received an answer. How do wc set these guidelines so the conunittccs know what the boundaries arc? Council Member Wolosyn said I would have to say that those are bard to defmc and it would be bard to set a grol!p of rules. A lot of it is dynamics. If it is a group of people who just want to take direction from staff, then it will go that way, if you have a strong group of people then that's a different issue. It is a dynamic that works itself out, she said, and I think we have an honest structure. I think wc do. Mayor Bradshaw stated every time you have to go tlvough storming and norming. I think it sounds like you have a huge turnover in that group, she said, and you are probably ready to start doing that again and that is a group process. Mayor Bradshaw asked Council Member Yurchick what he would like to see. Council Member Yurchick said I don't know, I don't have any answers, I don't even know what the roles are and I don't think they are clearly defined. City Manager Sears said he wanted to make a suggestion. As we beard tonight, Council is not satisfied with the information or the method that it wu presented. We took a look at one side that said this bow this can come together and this is how it can work and here are seven different options to make it work. But we really didn't take a look at those that would say that this is really kind of an additional burden, this is an additional problem. I know there is that feeling among Council and the citizenry. I would like to take that back to the Conunittee, he said, and ask them to take a look at it from that viewpoint. Are we going to actually get enough people to participate in this and can the existing ataff people actually bandlc this or is there another method to do this? Perhaps a voluntary regiltralioo would work, for those that want to do that. I think, he said, that there are a whole range of different options thatthe Code Enforcement Advisory Conunittee could potentially talk about. If you are not happy with certain issues, be said, then Council could handle it just liJ\e they did with ACE. Council remanded certain thinp back to them for filnber study. So that is one alternative that Council can choose, with maybe some direction, and that is what the Advisory Committee is there to deal with. I think the comment, that perhaps this wu a little overly staff driven, is probably an okay thing. Being honest about that and saying okay Committee, on your own, without influence from staff, what do you think about that? I think that could be articulated to them and I would be happy to make those comments, with Mite Flahcrty's help, if the Council feels that way. Mayor Bradshaw asked if that sounded better. City Manager Sears noted that they can run the issue back through the Committee again and if they are still saying that absolutely this is the best thing since sliced bread, then they can come back to Council and then it is up lo Council lo make that final decision. Council Member Yurchick stated the issue isn't this ordinance. To me, he said, it is the symptom. The problem is that I want the Committee 10 voice their opinion and their input. Mayor Bradshaw said, 10 play devil's advocate, we created this thing called Code Enforcement. We pushed ii really hard five years ago. We didn't have enough code enforcement, so we said we want me code enforcement. We even hired a guy to tell us how to manage code enforcement and where it should be and how 10 handle it. Now that we have this, our creation, I hear from citizens that we have IOo nu:h code e nforcement. So, she said, there is a fine balance there. But I also think we need to pt belanced pros and cons on issues that come before Council. Maybe, she said, that is the role of those committees . That they s hould think through how this works, what would stop ii from workiJla and to pve ua the whole pictuR and that would be part of their process . • • Enpwood City Council March 4, 2802 Pace 14 Council Member Y urcbick said right. My concern is that they should receive committee input, be said, and I didn't feel that they bad that with this one. Mayor Bradshaw said it sat wrong with you totally, from the beginning. Mr. Yurcbick said yes. Council Member Grazulis said she agreed with Mr. Yurcbick. Council Member Moore asked if they could reinforce, with this particular committee, that they are there on behalf of Council. That could come from the City Council repracntative or the City Manager's Office, just as a reminder. I bear a lot of pros and cons about code eaf-t. be said, and I WIid to look to this committee to represent the citizens in this process. Mayor Bnidabaw said yea and for them to help with that balance. So, Mr. Moore said, lets remind them that they are there for ua, to help us with tbele issues. Mayor Bradshaw ukcd if that provides a litllc more direction. I just needed the gestalt finished, she said, there was a piece and that was all we bad. Council Meni>er Garrett said at the same time I look at the Parb and Recreation Commission, where a lot of the thinp that come before them ia 111aff driven. It ia then up to that coomittee to act as the filter for that, which I think ia the proper role of the comnittee. What I am bearina, be said, is that there ia a feeling that maybe the committee -·t the proper filter in this case. I bale to amt defining roles and responsibilities too clearly, because that actually botben me. Mayor Bnidabaw apeed. Council Member Garrett said it was the filtering procedure be would lib to ~izc, u mich as the rapomibility. Council Member Moore said that if you make it as clear as what I just said, then Code Enfon:ement could take an advocacy role, u Iona u the committee knows they don't have to do anytbiJII with it if they don't want to, that they can serve a that filter. Mayor Bradshaw said she tbouabt they kit that they bad to have an--. that they bad to come up with a licellling program. I don't know that that wu our directiou. ahe said. Council Member Wolosyn said we did ult them to give us a picture ofwbat it would look lib ifwe puaed licensing, bow it would be implemented. For me, she said, I was sort of lllmDed. la it really that expemive I proposition? Mayor Bradshaw said this is my own bias, but I still think we are missing the point toeally, because the responsible pet owners will be responsible and those that are irrapcxmble will be inapoalll>lc and you can't legislate responsibility. ***** Council Member Garren noted, referring to Council Member Yun:bick'a c:ommenl that be would be late nnt Wttk, that Council does DOI have a meeting next Wttk . ••••• City Mana,er Sean said be would bite to brims this to a lit le bit of clolule. I would ult that Council aend this back to the Code Enforcement Advil«y Committee wi , some direction. 11lat tbey at lellll take I look II dus ISSUC, DOI ID llmlll of how it can be Cllabliabed. bul in -of wbal it -ID -~ and w.e a look at bodl the pros and cm. of it and then come beck widl a repan. C ouncil Member Garrett augeslCd they properly oudine ae quellioa. Sllould we~ ail ad if the IDIWff is Yft, then llae IS tbe prinmy ad Jiae ia die -..lary. Bui, lie poimed GUI. ae ---y be no That IS the qunuoa. he aatd, wbctber Ille Advmy Cmamitlec kb dley lad -,.,_ ID •Y DO . Enpewood City Council March 4, 2002 Pa1e 15 Council Member Yurchick said be does not know the answer to that question. Mayor Bradshaw uked City Manager Sean what other dim:tion be needed. She uked if it is clear now. Mr . Sean suggested they write something up and send it out to COW1Cil and then send it to the Committee, to make sun: that the questions COUDCil bas is given to them so they can address thole when they come back. COUDCil Member Yurchick said you know this will go to public bearing and we will pack the house on licensing. City Manager Sean said yes, that is true . COUDCil Member Garrett said yes. unless the answer is no. Mayor Bradshaw said I dlink that could be decided real fast. (vi) Council Member Grazulis : I . She said I am also on the Code Enforcement Advisory Committee and I have been uneasy since I walked into it, because I dido 't get into it from the start. I wu trying to figure out which direction they were headed and what it was going to be. I bad a problem with the COIJ1)UIY they chose, she said, and not coming up with enough letters of recommendation, Because of my history with this isaue, I dido 't say much, so I was kind of silent, and just sat there . They kept uking me what I thought and bow Council would perceive this and I wun't going to give them any answers right up front. I wu also uneasy with the money aspect of it, that it wu just totally untrue and some of the things were hued on the money. 2. She noted COUDCil used to get updates from Jim Ulrich regardina tbinp that were happening in Englewood, such u nurden and fun and stuff. She poinled out that tbinp have bappeaed, we Mre told they were sensitive, we never got anytbina and then we would read about it in the Eqlewoud Herald. People do uk me about these things, she said, and I wu just wonderina if we could have some type of Council update when serious things happen within OW' City. Ifl don't lislen to the news, then I don't know what is going on. Mayor Bradshaw asked if COUDCil could receive e-mails . If there is a fire or sometbina we always get e- mails, she said, but if there is an unsolved nuder we read about it in the paper. Council Member Grazulis said in panicular if it is a murder or rape and it is close to home I would kind of like to know. Besides, she said, it is difficult when people start to call me to uk me about it and then I have to say I have no idea what you are talking about. City Manager Sears stated there is a little bit of a disconnect sometimes, but you are right, you are on the line because people expect you to know . So, be said, we need to do a better job of making Council aware of those emergency situations. Council Member Grazulis said sometimes I get calls if, for instance, they beard a lot of sirens at 3:00 a.m and they want to know what happened and I have no idea . I realize if it wu nodling real iq,ortaDI I may never know, she said, and I don't need to know everything. 3. She said she wanted to make a comment rcgardina the group that came to III about the open space . I do like the concept of acquiring more land for the Arapahoe County Fairpounda, she said, becaUlc I wu on this before they tore it down and I have a long bislory of trying Ill praerve that and keep ii liom beiDc a strip mall, which did not happen. However, one of the things I am in favor ot ieprdinc this poup. ii tbal when the Arapahoe County Fairgrounds group does bold a fair it is either in the ~lex in Deaver or in Deer Trail and you don 't get much participation west of Deer Trail. Ma. Grazu1is poinled OUI tbat • .t • • En&lewood City Couodl Marcb4,2002 Pase 16 Arapahoe County is the only county that does not have a fairgrounds. If you can imagine, Araplboe County, being one of the richest counties and not having a fairgrounds, it is ralher absurd . That, she said, is just my comment on that . 4 . She advised that tickets can be obtained from Amy Doe for Back to Bacb, wbicb is a coocert scheduled for Friday, March 22"" at 7:30 p.m. in our Civic Center atrium. I think it will be really nice, she said, and there should be posters all around. · Council Member Wolosyn noted that Council should be receiving tickets . 5. She said she bad a question regarding the green iron work that bas been goin& up around the businesses. It seems like we have come to a stall, she said, but 1111ybe that is just economics or tbere is no one willing to do it anymore. She asked if there is a 11111 in putting that green iron work up . Business and Redevelopment Coordinator Johnson advised that actually we IR still moving forward witb that and you will see 110111e more coming up 800D. She noted that is put of the Catalyst Propam that goes along South Broadway and Hampden. We bad a business near General Iron Works that put up tbere own green iron work, she said. They called us, got all the specifics for it and knew that they weren't qualified for the program. but they still wanted to have the Englewood green iron work. Council Member Grazulis said that is wonderful . Mayor Bradshaw said we need to send tbern a letter or sometbing. Council Member Grazulis agreed and asked if we would be sending them a letter thanking them for participating. Ms . Johnson advised that they have already sent them a letter. Grazu1is said tbat is great Council Member Grazulis asked, when a property within Englewood makes woaderfid improvements to their house or business, if we have any kind of recognition like we uaed to do witb lipting. Director S~n said we haven't initiated anytbin& like that We talked, at one time, about tryiDa to do a recognition ceremony, like at the business appreciation breakfast, but it is bard to recogam or liDale out one business . Council Member Grazulis asked about residential because sometimes some oftbem go from really ratty to really nice . Director Si~son agreed that we have some reslly great auccesa stories. I would be happy to support that, he said. Council Member Grazulis said maybe they need to be nominated by ocher residents, so Community Development doesn't have to do all the leg work. Perhaps. she said, sometbing could be implemeared in the future . Mayor Bradshaw asked Director Simpson ifhe could help Council witb the process . Mr. S~ said they could definitely help with that Council Member Grazulis said okay, that is fine . 6 . She said when I was at the Teenage Drinking Task Force the ocher day, witb Olp Wolollyn and Gary Sears, we found out we have a new contact at the Denver POii. She said Marlys Dunn ii no laapr there . Enpwood City Council March 4, 2002 Pase 17 City Manager Scars noted that Ms. Duran is actually with the News. Ginny McKibbcn is the one that is gone. Ms . Grazulis said she was sorry, that she knew that, that it is Ms . McKibbcn that is gone . Council Member Grazulis advised that the Teenage Drinking Task Force meetings arc coming along nicely. 7. She asked when the next Centennial meeting would be held . Assistant City Manager Flabcrty said that actually they haven't bad a meeting of the ad hoc committee yet. W c arc looking at the week of March , .,. for that tint meeting, be said, 1111d we will get Council that information as soon as we can. W c arc trying to finalize that this week, internally, be said. Ms . Gnzulis thanked Mr. Flabcrty 1111d noted that when she called about it they thought that the meeting had actually been held. 8. She said that when she went to that last Code Enforcement Advisory Committee meeting they had a five minute video with Ernie Bjorkman in the role of the code enforcement officer. It was abaolutely hilarious 1111d really wonh seeing, she said. I would like Council to see that. Mayor Bradshaw suggested that be scbcdulcd for a Study Session. City Manager Scars said it is only about two minutes long, so they could schcdule that for March 1 s•. Ms . Grazulis commented that one of the things that happens is that be writes out a fine for a derelict vehicle with trash in the back of it and be is kind of giggling under his breath about EnaJewood. That is why, she said, I have a problem if we can't enforce that SI00.00 fee. I think ifwe enforced that fee then people wouldn't want to pay it and so that would give them the incentive to have the vehicle hauled away. She felt that might get rid of a few of those can like that. 13. City Manqer'1 Report (a) City Manager Sean advised that they started work on General Iron Worb and tbeR was a flyer that went out to the neighborhood. I have a copy of our pennit for grading and work on the site if anyone is interested in taking a look at it, be said. It is a pretty tboroush document and it puts the responsibility on RTD to enforce drainage requirements 1111d monitor the airborne types ofputicles and whatever. If you arc interested in the details you can take a look at that. I think it is probably helpful in case you receive a telephone call from a citizen. Rick Kabm, in puticular, and Ken Ross arc working very closely with them on this. They arc responsible for the clean-up and extraction of the metals and things like that. It does appear that they will be going down Galapago and they will not be going througlf"the Winslow property at this point in time . Mayor Bradshaw pointed out that they are removing a lot of the metal by rail, otherwise that would have doubled the trips coming off that site . City Manager Scan said that is right . Mayor Bradshaw said she wished they could have used Winslow . Mr . Scars advised that Ken Ross and Rick Kahm were prcscnt if Council bad any questions. He said we will continue to monitor it and work with them on each of the issues that come up, but they arc in the process of demolition right now . (b) City Manager Scars advised that this afternoon we received a trllKmission from the Littleton City Manager 's office. It was a letter signed by their 1111yor in opposition to Senate Bill 2-11 . Which has an amendment in tllcrc by Senator Teck which relates to elimillatioa of enfon:cment by local government of motor carrier safety regulations. We have raised this issue "1, Tri-Cities mectinp IIIIDY • t • • ' • Eapwood City Coaadl Marcll4,•2 Pa,ell times, he said, and it is a major issue for Littleton, but also for us. I know Diffl:10r Olaon bu been involved with them and he is just amazed, from the law enforcement viewpoint, that they are proposing to take local law enforcement away. · jl. Mayor Bradshaw said I think we need to have a letter drafted. ). Scan said we could draft a similar letter in opposition and send that off to them right away. Mayor Bradshaw asked if that was the consensus of Council. She noted that wc have worked really bard to try to keep dangerous trucks off of Santa Fe, now, with this amendment they would be saying that wc can't doit. Director Olson said this 111111t have just come up, because I just attended a legialativc committ.cc meeting with the chiefs of police the other day and this was not even discussed. Mayor Bradshaw advised that it just came up . Mr. Olson said it llllllt have been today or Friday. Aa it wu the consensus of Council to send the letter, City Manager Scan advised that they would prepare the letter tomorrow and send it off to Scnalor T eek. ( C) City Manaacr Scan advised that WC received a 1etter today from Kulak Rock, our bond counsel, and they want to know if we are planning to partic:ipalc in the Mayor'• Caucus Single Family Mortgage Program. Aa wc Wlderstand the direction from the Council, be said, it is that wc are not to proceed with them, u of Fcbnwy 21•, which was their deadline . We lave -other a1tenlltivca, including CHAP A and some other tbinp, that wc can hrina back to the Council. But I pea what I would like to know, he said, is if it is the final decision that Council will not be partic:ipating with them, so wc can tell our bond counsel that those funds won't be tnnafemd over. Mayor Bradshaw said I thought that was because wc lave our own allocalioa this yar. Council Member Gmctt said I think that was the C0111C11111S of the aroup, because the quacioa ,ie were ultcd, specifically, is ifwc wanted to do anything by February 2~ and the-wa was no. City Manager Scan and Mayor Bradshaw agreed. Because, Ma)U Bndsbaw said, we have our own a1localioo this year . Council Member omen ukcd City Manager Scan if he wu just lookina for reinforcement of that decision . • City Manager Scan said that is actually right, reinforcement before wc terminate that. Mayor Bradshaw asked if that was Council's consensus . Council indicated it wu . ••••• Council Member Moore uked if the letter regarding Senate Bill 02-11 was just aoing to be ICIII to Senator Teck or ifit would be sent to our rcprcscntativcs . City Manager Scan said wc ablolulely should. We could send it to Jennifer Veiga and Senator Dyer, he said. Mayor Bradshaw agreed and thanked Council Member Moore for his llfllCllion. 14 . City AHoraey'a Report City Attorney Brotzman did not have any mattcn to brinJ before Council . ••••• Eqlewood City Council March 4, 2002 Pqe 19 City Manager Sean advised that several ofua will be in Washington, D.C. next week. He thanked Council for the opportunity. ***** City Mllm&er Sean advised that Diana DeGette WU more than pleued about what happened today. She expressed that to me, be said, and asked that I thank Council on her behalf, for putting it togedler. 15. AdjOt1111_.t 1. 2. 3. 4. AGENDA FOR THE REGULAR MEETING OF Tl:IE ENGLEWOOD CITY COUNCIL MONDAY, MARCH 4, 2002 7:30 P.M. Englewood Civic Center · Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. '7: .3 .2.., ~ Invocation. /)~ Pledge of Allegiance. ~ RollCall. r;~ 5. Minutes. ~J ~-()-/ a. Minutes !~m the Regular City Council Meeting of February 19, 2002. ~ -r '(A-l!fl/A-IIJ: 6H~ff_J 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) ;1Y 7. Unscheduled Visitors. (Please limit your presentation to five minutes.) a. T. W. ~rson (member oftbe CelllCnnial Airport Finance Committee): 1ftbey t.ve to go to a vote of the people for a null levy, 10 kcq, the airport l'IIIIIWI&, they would like tbe City ofEn&lewood 's Sl!PJ)On 8 . Communications, Proclamations, and Appointments. p- 9 . Public Hearing (None scheduled) fr • • Englewood Clly Council Agenda March 4, 2002 Page 2 i. Council BiU No 9 • Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Sanitation District Supplement #152 to Connector's Agreement. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. b. Approval of Ordinances on Second Reading. i. Council Bill No. 7, approving an Intergovernmental Agreement with Arapahoe County Clerk and Recorder concerning the collection, dispersion, and vendor retention of sales tax. c. Resolutions and Motions. i. Recommendation from the Department of Public Works to approve, by motion, the purchase of a Volvo Grader for the Streets Division. Staff recommends awarding the bid through the Colorado State Bid process in the amount of $115,023.00 . STAFF SOURCE: Ken Rou, Director of Pubic Worb. ii. Recommendation from the City Manager's Office to establish, by motion, dates for Oty-wide Sidewalk Sales Events: June 8 and August 24, ioor STAFF SOURCE: Mike Flaherty, Alliltant City Manager. iii . Recommendation from the Utilities Department to approve, by motion, the construction of aqueduct improvements to the Oty Ditch. Staff- recommends awarding the contract to the lowest technically acceptable bidder, Kenny Manta Industrial Services, in the amount of $157,800. STAFF SOURCE: Stewart H. Fonda, Director of Utilties. 11 . Regular Agenda . a. Approval of Ordinances on First Reading. .a- b . Approval of Ordinances on Second Reading. 0?./1-/0 i. Council Bill No. 3,~thorizing a temporary reduction in the Oty's IJl:tlJrJ (Lr / Admissions Tax . -nr · CA.I~: AJA-131/oc.c.. 1 c. ReseM"tions and Motions. g-. .......... . .,.. .... ....., ...... ...., ........ ... (31.W1Ht15)11 ............................ _ • •, • t ' . • Englewood City Council Agenda ~ Ma'tch 4, 2002 Page 3 12. General Discussion . a. Mayor's Choice. b. Council Members' Choice. 1 3. City Manager's Report. 14. City Attorney's Report Adjournment. 'jJ':!Jt/ ~ The following minutes were transmitted to City Council between February 1 5 -28, 2002: • Englewood Urban Renewal Authority meeting of November 14, 2001 Keep Englewood Beautiful Commission meeting of January 8, 2002 Englewood Public Library Board meeting of January 8, 2002 • Englewood Board of Adjustment and Appeals meeting of January 9, 2002 Alliance for Commerce in Englewood meeting of January 10, 2002 • Englewood Code Enforcement Advisory Committee meeting of January 16, 2002 .......... ,.. ... "......, (JD.7'N405) ....... ......... flft ....... ENGLEWO()D CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORAI>p Replar Semon February 19, 2002 I. CaU to Order The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7 :35 p .m. 2. Invocation The invocation was given by Council Member Nabholz. 3. Plecl&e of Alleclance The Pledge of Allegiance was led by Mayor Bradahaw. 4. Roll Call Present: Absent: A quorum was present. Council Members Nabholz, Moore, Gnzulis, Wolosyn, Yurchick, Bradshaw Council Member Garrett Also present: City Manager Sears City Attorney Brotzman City Clerk Ellis 5. Minutes Conummity Relations Officer Petenon Business and Redevelopment Coordinator Johnson Senior Planner Langon, Conununity Development Director Black, Parks and Recreation Director Kabin, Capital Projects (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF RBRUARY 4, 2002. Ma yor Bradshaw asked if there were any amendments . There were none . Vote results: Ayes : Nays : Abstain: Absent: Motion carried . 6. Scheduled Vlslton Council Members Nabbolz, Woloayn, Yurchick. Grazulia, Bradabaw None Council Member Moore Council Member Oarreu (a) C ommunity Relations Officer Nanc y Peterson~ out invitations to Council invilin& th em to attend the nut Neighborhood Watch Meeting, March 13 . She also pused out the 2001 National Eqlewood City Council February 19, 2002 Page 2 Night Out proclamation and awards from previous years. She noted that one is the Governor's Award from 1995 and the others are national awards. I want to read a part of this year's letter, she said. It is addressed to me and says "on behalf of the National Association of Town Watch, I am pleased to inform you that Englewood has been selected as the National Award Winner for it's outstanding participation in the is• Annual National Night Out Crime, Drug and Violence Prevention Program. This year's event was the largest ever, involving 33 million people in 9,700 comnwnities from all 50 states, U.S. Territories and military bases worldwide. We extend our congratulations for being selected among the nation's best." The very last paragraph says, "again, we salute you and your community for a job well-done." Officer Peterson said she would like to add to that by saying that Englewood is the only city in the State of Colorado to receive an award. Mayor Bradshaw stated that is also to Officer Peterson's credit. You do an awful lot of work, she said . Officer Peterson thanked her. Officer Peterson said she wanted Council to see the plaques for the different yean. We didn't have one for 2000, she said, because that is the year I was so sick and bad all the other stuff going on, so I didn't have a submittal. It does take a lot of work. So we didn't have one for 2000 and in all honesty I didn't even apply for this award until 1997, when I discovered that we were really doing a great job hen,. My whole plan was to have the eotire City encompassed in Neighborhood Watch the first year I was given this assignment, which was 1995 . I was very disappointed on August 1• of that year, wbcn we held National Night Out and I didn't have the whole City celebrating. I think we only bad 156 blocks and that was up from 20 the year before. I was so disappointed and by the end of the year I was even more disappointed because I didn't have the whole City encompassed. Well, she said, I can tell you now, here it is 2002 and I still don't have the whole City in there, but I am trying . National Night Out will be held, this year, on the first Tuesday in August. I am hoping that everyone on Council will come out. I can't think of anyone on Council who doesn't know about National Night Out or hasn't been there for it, she said. Mayor Bradshaw noted the first Tuesday in August is the 6*. Council Member Grazulis asked Officer Petmon bow many years she has been doing this. Officer Peterson advised that in January 1995 she accepted the position of Community Relations Officer. Officer Peterson noted that in 1995 we received a Governor's Award and we didn't get anything in 1996, because I didn't know we were that good. But, she said, in 19971 figured out that we were doing pretty good. So from then on we 've received an award, except for 2000 when I just wasn't able to do it and I apologize for that , she said . Mayor Bradshaw asked how many blocks are involved now. Officer Peterson stated there are over 500. In response to Mayor Bradshaw, Officer Peterson noted that we have gone from 20 blocks to over 500 in seve n years . Mayor Bradshaw stated that is pretty darn good. Officer Peterson said yes, I am proud of that and I am proud of the program and I am proud of the people in our City and the pride that they have for our conununity. It is fabulous . Co uncil Member Grazulis suggested they put an article in the Citizen or the Herald to plug the program to try 10 get more blocks involved and let people know how they can get in touch with Officer Peterson. Ms. Peterson agreed we could do that. Ms . Grazulis noted that tbcn we might get a lot more blocks involved and become the best in the nauon . Officer Peterson said I think we are already then,; then, is no doubt in my mind . Officer Peterson advised that, actually, we participate in category three, which is a population from 30,000 10 99 ,999 . We always place way up in those rankings . We are playin1 with the big cities, but we do a good ;ob, so 1 am real proud of it. We get calls from all across the country, all the time, wanting to know bow 10 put together a program like we have . They don"t have Englewood so they can't do it, she said, bul they can try . She thanked Council for their time . Englewood City Council February 19, 2002 Page 3 Mayor Bradshaw thanked her . Officer Petenon thanked Council from the bonom of her heart for the extension to her office . Now I don't have to go all over the City and impose on everyone's offices. Everything that I need is at my fingertips now , she said. My volunteers come in and we have room for them to work. Before they couldn't even function when I was involved in a big project. I just worked on the Christmas Crusade for Children with the new office and it was heavenly . She again thanked Council for approving her office extension. I really appreciate it, she :1&id . 7. Umcbeduled Vlslton There were no unscheduled visitors . 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 Finl Reading There were no additional items submitted for approval on tint reading. (See Agenda Item 11 -Regular Agenda.) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I) AND 10 (e) (I), (b) Approval of Ordinances on Second Reading , (i) ORDINANCE NO. 8, SERIES OF 2002 (COUNCIL BILL NO. 6, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE VA CA TING A UTILITY EASEMENT LOCATED IN THE 2700 BLOCK OF ELA Tl BETWEEN WEST YALE AND WEST AMHERST BY THE CITY OF ENGLEWOOD, COLORADO . (c ) Resolutions and Motions (i) RESOLUTION NO . 43, SERIES OF 2002 A RESOLUTION AUTHORIZING APPLICATIONS FOR THE 2003-2008 TRANSPORTATION IMPROVEMENT PROGRAM . Ma yor Bradshaw asked if there was any discussion . There was none . Vote results: Ayes: Nay s: Absen t: Council Members Nabbolz, Moore , Wolosyn, Yurchick, Grazulis , Bradshaw None Council Member Garrett Englewood City Council February 19, 2002 Page 4 Motion carried . 11. Reaular A&enda COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE REGULAR AGENDA ITEMS 11 (a) (I), (II) AND (c) (I), (II) and (ill). Mayor Bradshaw asked if there was any discussion or if anyone wanted to pull an item. Council Member Wolosyn said I guess we are making the entire Regular Agenda a Consent Agenda. City Attorney Brotzman said that is what the motion would do . Mayor Bradshaw asked if that was wrong. City Attorney Brotzman advised that Council doesn't have to hear a presentation on the items if they don't want to . Mayor Bradshaw said that is up to Council. Council Member Grazulis said she would kind of like to bear a presentation on Agenda Item 11 (a) (ii). Council Member Wolosyn said she thought it would be good to bear a presentation on some of the items . COUNCIL MEMBER NABHOLZ WITHDREW HER MOTION AND COUNCIL MEMBER GRAZULIS WITHDREW HER SECOND. (a) Approval of Ordinances on Fint Reading (i) City Attorney Bromnan presented a ~ommendation from the Deparumnt of Finance and Administrative Services to adopt a bill for an ordinance approving an Intmgovcmmental Agreement with the Arapahoe County Clerk and Recorder concerning the collection, dispersion and vendor retention of sales tax. This is simply the collection of our sales tax that the County does for us, be said. W c have been doing this for years and we have never bad a written apeement. The County bas requested a written agreement. It is very standard, be said, it is putting into written form what we have, in practice, done for years and years. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 7. COUNCIL BILL NO . 7, INTRODUCED BY COUNCIL MEMBER GRAZULIS A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARAPAHOE COUNTY CLERK. AND RECORDER AND THE CITY OF ENGLEWOOD CONCERNING THE COLLECTION, DISPERSEMENT AND VENDOR RETENTION OF SALES TAX . Mayor Bradshaw asked if there was any discussion. There was none. Vote results: Ayes : Nays : Absent: Motion carried . Council Membcn Nabholz, Moore, Wolosyn, Ywchick, Grazulia, Bradshaw None Council Member Garren Englewood City Council February 19, 2002 Pa1e5 (ii) Business and Redevelopment Coordinator Johnson presented a recommendation from the Community Development Department to adopt a bill for an ordinance authorizing a temporary reduction in the City's Admissions Tax. She advised that she was appearing here tonight as a staff representative for the Alliance for Commerce in Englewood, also known as ACE. ACE is recommending adoption of an ordinance authorizing a temporary reduction in the Admissions Tax. Ms. Johnson noted that this was initially discussed with City Council at the December 3n1 Study Session, and at subsequent Study Sessions, to allow for a compromise and a counter proposal. It has been the unanimous decision of ACE to pursue the proposal before Council tonight They voted on January 10• and then reaffU1DCd that vote on February 1411,. Basically, she said, ACE is an advisory group appointed by City Council to rcprcscnt business issues . It is a very diverse group of people with seven members and three liaison positions. She explained that the proposal is a reduction from the current 3% Admissions Tax to a 00/o Admissions Tax for a two year period and, after two years, there would be a review for elimination or reinstatement She pointed out that an evaluation of cost and benefits for both the City and businesses should be considered at that time. This is a compromise that was reached by the CD staff, the Finance Director and the City Attorney, she said, and this offers an opportunity to test run the tax reduction without outright elimination or crossing over any TABOR issues. Basically, ACE has approached this as part of an overall strategy to understand the current business climate, including barriers to both new and existing businesses and opportunities for retention and expansion, as well as attraction of business. The Admissions Tax has come under study for its impact on current regional draw businesses and as a negative impact for retention effons. But, also as a disincentive in effons to attract new businesses. Redevelopment opportunities in the City, both private and public encourage those businesses currently lacking in the community. Venues that provide entenainrneot, ans and cultural events, movie theaters, concerts, sponing events and others are encouraged and, she noted, as shown by our market analysis, this is an area that the City of Englewood is lac king . ACE strongly suppons a diversified business mix, including the addition of businesses that charge admission for entenairunent and other public events. lo addition, a more diversified business mix may create opportunities for a diversified revenue stream for the City of Englewood. Basically, she said, ACE is urging Council's suppon of the proposal and the draft ordinance is before Council for first reading tonight. If there are any questions, she said, I would be happy to answer them at this time. Mayor Bradshaw asked if Council had any questions for Ms. Johnson. Mayor Bradshaw asked if this will automatically go back into effect after year three . City Attorney Brotzman said after year two it will go back into effect. It goes back into effect and the ordinance actually requires that it come back to Council to look at it to see if you should continue it or eliminate it. It does both, but it does come back into effect automatically. M s . Johnson stated that, according to the draft ordinance, there is a review at the end of the two-year period . She asked if that was correc t. City Attorney Brotzman said yes . COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 3. COUNCIL BILL N O . 3, INTRODU CED BY COUNCIL MEMBER GRAZUUS A BI LL FO R AN ORDINANCE AUTHORIZING THE TEMPORARY ADMISSIONS TAX R ED UCTION FOR A TWO-YEAR PERIOD . Vote r esults : Ayes : N ays : Absent Motio n carr ie d . C ouncil Members Moore, Wolosyn, Yurchick, Grazulis, Bradshaw C ouncil Member Nabholz Council Member Garren • t .. • • Englewood City Council February 19, 2002 Page6 Council Member Nabholz said she wanted to explain her position. I feel this is a tax upon a tax , even though it comes back to Council in two years to be reviewed , she said. I have several constituents, several businesses, that want it eliminated and that is why I voted no. I cannot endorse another tax upon a tax. She pointed out that we already have two bu sinesses in Englewood that already pay a substantial amount in concessions tax and that is, I feel , en ough. Council Member Wolosyn said then what you want is for it to be eliminated, not postponed. Ms . Nabholz said that is right. (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (See Agenda Item IO -Consent Agenda .) ( c) Resolutions and Motions (i) Senior Planner Langon presented a recommendation from the Community Development Department to adopt a resolution approving the Final Plat of the Stanford Center Subdivision, which proposes to subdivide an unplatted industrial parcel into two lots. She noted that the staff report and Findings of Fact were, inadvertently, left out of the packet. Mayor Bradshaw advised that Council bas received them . Ms. Langon advised that this resolution would approve the Final Plat for the subdivision of land at 4550 South Windermere Street, to be known as the Stanford Center Subdivision. The applicant is property owner Toil Management represented by Don Drennan and C. J. Winkler, she said, and Community Development recommends that City Council approve the Final Plat of the Stanford Center Subdivision. She explained that a subdivision is the splitting of a parcel of land into two or more lots. The procedure, as set forth in the Municipal Code , under Title I 0, is that a major subdivision process is required when, either the land is unplatted, meaning that it has not previously been platted into lots and blocks, or if it is conunercial r,r industrial property that is greater than 'I, acre in area. She pointed out that, in this particular case, both of those instances apply. The process is that the applicant makes an application and the City perfonns a review of the application. The preliminary plat and the final plat are considered by the Planning and Zoning Commission at a public hearing . That recommendation is then forwarded to Council for Council action. She stated that the site is approximately 2.34 acres in an I-1 Light Industrial Zone District on the southeast comer of South Windermere Street and West Stanford Avenue . It currently contains a 27,000 square foot office building and the offices and printing operations for Dataworks, a publishing co mpan y. They have their associated parking and also a small fenced area that is currently leased as a co ntractor 's yard for vehicle storage. Adjacent uses to the property are office and industrial uses . Ms . Langon noted that there is one nonconforming residential use adjacent to the east lot line of Lot 2. That residential use is subject to all 1-1 regulations. The intent is to create two lots from the original single parcel. The larger lot, which is Lot 2 on your plat, is 1.73 acres and that contains the existing building and parking lot. The smaller lot is approximately .61 acres. The intent of the applicant is to split the property for financial purposes so that future development on Lot 2, the smaller lot, does not financially encumber the existing building and land that is associated with Lot I. Mayor Bradshaw noted that she said that Lot 2 was the smaller lot. Ms . Langon stated that Lot 2 is the larger lot. Ms . Langon advised that under the City review the applicant submitted all the required documents and all issues have been resolved. This went through the Development Review Team. which is made up of the seve n depanments that review permits and all development applications . I will say that there are no minimum lot area or street frontage requirements in the 1-1 District, she said, as there are in other districts. The subdiv1s1on 1s consistent with the Comprehensive Plan, as the plan does identify this area as an indusmal use . All necessary infrastructure, streets and utilities. are already in place. No dedication of ' • • Enatewood City Council February 19, 2002 Pace7 public right-of-way or other public purpose is required. I will also point out, she said, that there are casements that have bec.n placed on the property. Lot 2, the larger lot, with the existing building, is currently served by water and sewer that runs from West Stanford Avenue. These lines will cross Lot I with the su~vision and they have been placed in private casements. The reason that bas been done as a private easement, is that when Lot I is developed those lines will actually serve the new building and Lot 2, the existing building, will receive their water and sewer connections from South Windermere Street. The reason, again, that they are placed in private casements, is that there would be no purpose served for a public casement once this occurs and the City Attorney's office suggested the private easement as a simplification for the property owner. She pointed our that it is a much simpler process to quit claim the easements back, rather than bring it forward through C 9uncil again. The Planning and Zoning Commission conducted a Public Hearing on January g•, and all adjacent propeny owncn, as required by the Title 10, Land Subdivision ordinance were notified via certified mail and we did receive confirmation from the Post Office that all of those letters were delivered. Also, as part of our outreach program we posted notices on the four official bulletin boards here in City Hall a.id there was a notice on Channel 8 and a copy of the Planning and Zoning Commission packet was placed at the Reference Desk in the Library. The Planning and Zoning Commission reviewed the preliminary plat and directed the applicant to prepare the Final Plat for presentation to City Council and the Planning and Zoning Conunission does recommend approval. That's where we arc this evening, she said, and for just a quick review, their request i1 to divide a single industrial parcel into two lots, the subdivision request is consistent with the Coq,rebensive Plan, it meets all development requirements, all department issues have been re10lved and the Planning and Zoning Commission rccorrunends approval, therefore the Community Development Department also recommends approval of the Final Plat of the Stanford Center Subdivision. Mayor Bradshaw asked if there were any other questions. There were none. Mayor Bradshaw thanked Ms. Langon and noted that her presentation wu excellent. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 44. • RESOLUTION NO. 44 , SERIES OF 2002 A RESOLUTION APPROVING THE SUBDIVISION OF PROPERTY LOCATED AT 4550 SOUTH WINDERMERE STREET FOR THE STANFORD CENTER SUBDMSION. Vote results: Motion carried. Ayes : Nays: Absent: Council Members Nabholz, Moore, Wolosyn, Yurcbick, Grazulil, Bradshaw None C ouncil Member Garren (ii) Director Black noted that Dave Lee , Manager of Open Space, wu unavailable to ni ght as his fathe r p assed away tlus weekend and he had to fl y back to Pennsylvania this morning. D irec tor Black presented a recommtndation from the Department of Puts and Rccratioll lO approve, by motion, the purchase of a ntw show waa on, an Encore Show Mobile, from Weapr Corporalion in the amount o f S86,649 .00. He stated the funds are bud&eted ID the Conservation Truat Fund. which is the C ity 's lottery fund . The City gets ilD annual allocation GC h year. Our cWffllt lhow Wll(IOD, be poilllled OUl, 1s no t only our current s how wa11o n, but 11 11 our first show wagon. It WU purcbued aimJst 30 years aao and II has rea ll y served us 11oe il , but parts arc no longer av~ilable . Our Servicemer bu done a pea& job of JUSt keep ing tha t vehicle a fl oa t for the C 11y's s pecial eve nts. In fact, he noted. last year we limated the IIIC o f the s how wagon, because of a il the ser.•1ce calls :and repairs . So we dunk this II a ll(IOd purcbue. be aid. and we would recommend tha t Counc il appro"e II by motJon. Englewood City Council February 19, 2002 Page 8 Mayor Bradshaw asked if there were any questions. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE THE PURCHASE OF A NEW SHOW WAGON, AN ENCORE SHOW MOBILE, FROM WENGER CORPORATION IN THE AMOUNT OF $86,649.00. Motion carried. Ayes: Council Members Nabholz, Moore, Wolosyn, Yurchick, Grazulis, Bradshaw Nays: None Absent: Council Member Garrett Director Black thanked Council. Mayor Bradshaw noted it was long overdue . ( iii) Director Kahm presented a recommendation from the Department of Public Works to approve, by motion, design contracts with Barker Rinker Seacat Architects for architectural services related to improvements of the ·Malley Senior Recreation Center and the Englewood Recreation Center and authorizing the Capital Projects Director to negotiate and sign the contracts for an amount not to exceed $397,150.00. He noted that the brief history on this project is, of course, that this past November the voters authorized S 12.8 million in bonds for three recreation projects: the expansion of the Recreation Center, the Malley Center and for an aquatics park to be constructed at Belleview Park. At this time, he explained, we are only bringing forward the contracts for the Malley Center and the Recreation Center. We see a very similar nature in these projects, so it is a practical matter for us to administer those at the same time. Mr. Kahm advised that the aquatics park will take very specialized architecture and wc will bring it forward to Council, probably, within the next 90 days. Mayor Bradshaw noted that is fast. Director Kahm advised that we advertised in the Daily Journal and 42 architectural firms responded to our ad. We have received qualifications from 14 firms . We had a selection corrunittec that consisted ofa number of folks from the City administration and we elected to interview four architectural firms that appeared to be the best qualified. Those interviews were held November 4*, he said, and, quite honestly, we got down to two that were very similar. Mr. Kahrn explained that on professional services wc try to just value the product we are going to get and not the price . So the fee proposals are always in a separate, sealed envelope. We actually got down to where we opened the fee proposals, because the two firms were very similar. Barker Rinker Seacat Architects, who was the original architect on both the Malley Center and the Recreation Center, was , in fact , one of the two we were focusing on. lneir fee was about $100,000.00 less than the other firm . So, he said, we believe it is in the City's best interest to go forward with Barker Rinker Seacat Architects at this time . Ma yor Bradshaw asked if Council had any questions for Director Kahm. Council Member Wolosyn asked if we can expect the design to be similar to what we saw in the bond campaign . Director Kahm advised that the design will be very similar u Barker Rinker Seacat AKhitects helped us put the bond package together. So, he said, it will be very similar. There may be some 1lip1 changes. but for the most part it should follow those lines . He pointed out that the construction market is off a tin le bit right now , so folks arc believing we can get a really good product for the amount of money we have . We are on a schedule that would allow us to have construction drawiJl&s on both of those proJects by m,d,surnmer. he said, which would allo"' us to get bids and get construction started by dus fall with an opening of late, next spring . • • Englewood City Council February 19, 2002 Page9 Council Member Grazulis said she had a question for Mr. Kalun. Regarding the $94, 850.00, that was less than you had originally allowed for, does th at mean less money for the bond that is collected or docs that go somewhere else? Director Kahrn said no , the bo nd sale will be the same. I am expecting, he said, that by th e time we are done with the aquatics center we will need all the money the bonds will generate. We arc very cognizant that that could, in fact, be the big-ticket item as we go forward . So , he stated, we arc going to watch all of these budgets very closely . Council Member Grazulis said very good. Mayor Bradshaw asked if there were any other questions. There were none . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE DESIGN CONTRACTS WITH BARKER RINKER SEACAT ARCmTECTS FOR ARCmTECTURAL SERVICES KELA TED TO IMPROVEMENTS OF THE MALLEY SENIOR RECREATION CENTER AND THE ENGLEWOOD RECREATION CENTER AND AUTHORIZING THE CAPITAL PROJECTS DIRECTOR TO NEGOTIATE AND SIGN THE CONTRACTS FOR AN AMOUNT NOT TO EXCEED $397,150.00. Mayor Bradshaw asked if tbcrc was any discussion. There was none. Vote results: Ayes : Nays : Absent Motion carried. 12 . General Discussion {a) Mayor's Choice Council Members Nabholz, Moore, Wolosyn, Yun:bick, Grazulis, Bradshaw None Council Member Garrett Mayor Bradshaw did not have any matters to bring before Council. (b) Council Member's Choice (i) Council Member Grazulis said she just wanted to let people know that Ibis week the rate for light rail will be going up. Mayor Bradshaw noted it will be going up quite a bit. Council Member Grazulis agreed . She pointed out that tbcrc will be no off-peak hour rate . I believe the rate increase begins this week, she said . She was advised that it will be next week, March 3 ... {i i) Council Member Yurcbiclt noted there is a conference coming to town in May on open space . It will be held May 5lh throu&h the 1•. Since I am on the Plane River Open Space Committee, he said, I would like to attend that. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO FUND COUNCIL MEMBER YURCHICK'S ATTENDANCE AT THE GREEN SPACE DESIGN CONFERENCE IN THE A.l\10UNT OF S39!.00. Ma yo r Bradshaw asked if th ere wa s any discussion . lberc was none . Vote results: Ayes: ays : Council Members Nabholz, Moore . Wolosyn. Grazulis, Bradshaw None · Englewood City Council February t 9, 2002 Page to Abstain: Absent: Motion carried. Council Member Yurchick Council Member Garrett • •••• City Manager Scars had a copy of the brochure he had received on the Green Space Design Conference . Mayor Bradshaw commented that she would also like to go , but she didn 't have the figures . I will get that to Council later, she said. Council Member Yw·chick advised that the cost is $395 .00 . Mayor Bradshaw asked if that would be okay with Council. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO FUND MAYOR BRADSHAW'S A TIENDANCE AT TIU GREEN SPACE DESIGN CONFERENCE IN THE AMOUNT OF $395.00. Ayes : Nays: Abstain: Absent: Motion carried. 13 . City Maaaaer'• Report Council Members Nabbolz, Moore , Wolosyn. Yurchick, Grazulis None Mayor Bradshaw Council Member Garrett City Manager Sears did not have any matters to bring before Council. 14 . City Attorney's Report . City Attorney Brotzman did not have any matters to bring before Council . ••••• Mayor Bradshaw announced an Executive Session next Monday at S:15 p.m. City ·Anomey Brotzman advised that the Executive Session concerns real estate . Mayor Bradshaw stated it is duly noted . 15 . Adjournment SHAW MOVED TO ADJOURN . The meetina adjourned at 8 : 10 p.m. COUNOLCOMMUNICATION Date Apndaltem Subject March 4, 2002 10 a i Southgate Supplement #1 52 STAFF SOUia INmA'fED BY Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL COAL ANO PRMOUS COUNOL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their February 13, 2002 meeting. recommended Councff approval of a BiU for an Ordinance approving Southgate Supplement #152. BACKGROUND, ANALYSIS, AND Alll:RNATIVES IDENTIRED The City of Englewood provides sewage treatment to a population of about 70,000 people outside the City through contracts with numerous connector districts. The area Is defined by the natural drainage and extends south and east from Broadway to the VaHey Hiahway and from Hampden to Lincoln Ave. exduding Highlands Ranch. By contract the City of Englewood must approve atP{ additions of land to be served by the districts. These are usually in-fill situations that are within what the Otv considers to be the area it has committed to serve. Adequate capacity has been provided In the trealment plant 1D accommodate all such future inclusions. Annexation of this parcel of land wl not lncreaN the tap allocation of the Southgate Sanitation District. A request was made by the Southgate Sanitation District representing the owner, J Ir N Manag«nent, Inc., D/B/A Rocky Mountain Real Estate Brokers, Inc.. for lnduslon Into the Southgate Sanitation Olltrict. Supplement #152 is for Lot 2, Tract 124 that Is 1.076 acres. The lot has a Residential Zoning and contains a single-family residence. The legal is attached as Exhibit A. The property Is located na,th, of Orchard, west of Quebec and east of Monaco in Greenwood Village. The address Is 678'5 E. Orchard Rd. FINANCIAL IMPACT None . LIST OF ATTACHMENTS Bill for Ordinance Southgate Sanitation District Supplement #152 ORDINANCE NO ._ SERIES OF 2002 BY AUTHORITY AN ORDINANCE APPROVING SUPPLEMENT NO. 152 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, Southgate Sanitation Diatrict recommenda the incluaioo of approximately 1.076 acre, into the Diatrict; and WHEREAS, aaid incluaion ia located at 6785 Eut Orchard Road in Gnenwood Village; and WHEREAS, the zoning of thia property in Greenwood Villop ia b Beaidemial Zoning and contain& a ain gle-family reaidence and the propoaed uae ia to nmain the aame; and WHEREAS, aaid annexation of this additional parcel of land will not incnt-the tap allocation to the Southgate Sanitation Diatric:t; and WHEREAS, the Englewood Wat.er and Sewer Baud recommended appl'09111 al Supplement No. 152 to the Soutbpte Sanitation Diatrict at it& February 13, 2002 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 8m;tjgp 1. The Apeement between the City alBqlewood ad Soudlpte Sanitation Diatrict entitled "Supplement No. HZ, to Conmc:tm'a Apeement", which includea 1.076 acrea located at 6785 Eut Orcbarcl Road in Greenwood Vlllap, ii hereby accepted and approved by the Eqlewood City Council. A COPJ al Mid Agreement_i s attached hereto aa "Exhibit l" and incorporated herein by reference. $e<;tipn 2. The Mayor and City Clerk are hereby authorised to lip and atteat, respectively, the aaid Agreement for and on behalf of the City Council and the City of Englewood , Colorado. Introduced, read in full, and pll88ed on first reaclina on the 4th day of March, :W02. -1- Publiahed u a Bill for an Ordinance on the 8th day or March, 2002. Beverly J. Bradshaw, Mayor A'M'EST: Loucriabia A. Ellil, City Clerk I, Loucriahia A. Ellia. City Clerk or the City atBnpwood, Colorado, hereby certify that tha above and foreaoinl ia a true copy or a Bill for an OrdinaJM:e, introd11C1cl, read in full. and pUMd on lint readinc on the 4th day of March. 2002. -2- ~ NO. Jil.. TO CONNECTOR'S AGRIEMENT THIS AGR&MINT, made Ind enterld into by and blllWNl'I IM CITY 0, INGLEWOOD, acting by Ind tlWaql • dulr IUllarllllCI ,.., and Cily Clertt. ""9irlllllllr Clllld the "City.~ Ind SOUTHGAT! SMITA'T10N DISTRICT, Anlpltloe Ind Douglal CcMIIIN. Colorado .... ..,.. calld the "Dlltrlct.. wrnassETH: WHIN!AS, on ltle 20ll day d June. 1111. the City and ltle Olllrtcl..,.. 1n111 an .-.,i-oMt in wtlicll .. City lllfwed to.._--. Origi•• from ltle Dlllltcl's ailary _. .,-n will*' tit .. _... by Ille Dllh:t. wllidl Agl-o•it wa ffllllt ,-Illy,..... by Colw...aa,'s .._,.It~ Ncwenltlll 18. 1111: and WHEIIUS, laid Connedar'I Agrwna It IIIQVidea 1tllt ttle dlllllct may not lrllllge its aw:e .. wlllaut the wrillln ccna,I r:l the City; NOW, THEREFORE. in C0111ideillio11 d 1t1e 111U1U11 c::a.a•a and llldll1llkinga hlrlil'I -rant,, .. partill ag,N • follawl: 1. The City ,,._ CDNanla to Ille indulian r:I Clrlllin JddlllanJI .. lacal9d in Alapltloe County, Colorado. owned by JIN ••11-lt, Inc., I Cololado CDqlOl'allol., DIIIIA ~ lllountaln .._. .......... Inc.I Cokndo COl70lllllon 11111,-~ dJJalbJd on &tllbtA *dlld heraan-: icopu...S ._..by......., -Sauligala Sanillllan OiJlrict. ,,,. City ai,9N ... uid JddlllanJI .. may be -- will 1t1e __. facdlliJJ al the Oil-·:t.111111tllt ltle Qywil _. 1t1e ..... ---inm lie City's trunk line l\'arn uid ~.1dllional ... JI in accanlanCJ will .. Cannaclar's Aglwnent dad November 18. 19U. Accanfingly, EllNbit A,..,. la in P•agraph 1 of IN Comac:IDr's Agreement datad Noven1bel UI. tNe. ia ,,._ amended 1D include IUdl addillClrllll .... 2. Eacl'I and every OIIW provision al 1M laid Connedar'S Agl-Nht dat9d ~ 18. 1Ne. 11111 remain 1.11Chaigad. IN WITNHS WHEREOF, the partiJI have Mt 1111ir twma 11111 .... ttlil __ of_. 200_. ATTEST: CITY Cl.IRK (SEAL) A~ \ -~1 t.,;- ' IKMTMY ; .-. . (SEAL) ~-. . . : ... ·,. -~ ': . . . . .,, . ' . .\ . , .. CITY OF 1NGUWOOO By:~------MAYOII E X h i b i t l EXHIBITA (ugal o..a1pliun) Lot 2. Tl'ICt 124, Clark Colaay Number Tine. ii Sectiaa 17, Towmbip 5 Saudi. ..... 67 -oflbl &b P.M.. • .,_ aa Cll1i&d Smwy Map No. 13, City ofGtwwood VilJIII, IWCll'dld Oc:faber' 20, 1976 ii Book l'°8 a PiF 544, Coaaty of Allplboe, ... ofColalldo. 0 0 ' • • ORDINANCE NO._ SERIES OF 2002 BY AUTHORITY INTRODUCED Y MEMBER GRAZULIS AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARAPAHOE COUNTY CLERIC AND RECORDER AND THE CITY OF ENGLEWOOD CONCERNING THE COLLECTION, DISPERSEMENT AND VENDOR RETENTION OF SALES TAX. ~ WHEREAS, in compliance with Colorado Reviaed Statutea, the Arapahoe County Clerk and Recorder ,ball collect 3.6% 111N tax due the City of Enpwoocl OD the resiatration of all mot.or vebicle1 purchued by City of Ens)ewoocl l'Nidentl; and WHEREAS, the City of Ens)ewoocl bu participated with Arapahoe County in the collection of aalu tax due the Citv on the reaiat,ration of all motor wbiclee purcbued by Encl-oocl reaidentl; however, there bu never been an intarsc,vernmeDtal agreement; and WHEREAS, Arapahoe County Clerk and Recorder bu ukecl that a formal intergovernmental qreement be maintained on an annual baail; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: SoctiAD 1: The Intersovemmental Letter ApMment CDDCffllUII the mlJection, dilbunement and ftndor retention ol lllN tax, auacbad bento u "E:sbibit A· ii hereby accepted and approved by the Ens)ewoocl City Council. Sed;iQQ 2. The Mayor ii authorized to e:uc:ute for and on behall of the City al Englewood. Introduced, read in full. an'd puaed on firat readina OD the 19* day of February, 2002. Publiahed as a Bill for an Ordinance on the 22nd day of February, !002. Read by title and paaeed on final readins on the 4 .. day of March, 2002. Publiahed by title a• Ordinance No. _ Serie, of 2002, on the 8th day of March, 2002 . Beverly J. Bradlhaw, Mayor ATTEST: Loucrilhia A. Elli,, City Clerk -1- I, Loucri.lhia A. Bllia. City Clerk of the City of Eqlewoocl, Colorado, hereby certify that the above and foreaoinl ia a true copy of the Ordinance puaed on final naclinc and publilbed by title u Ordinance No. __. Serie• of 2002. -2- Arapahoe ~~!! The Honorable Beverly Bradshaw Mayor of the City of Englewood 1000 Englewood Pkwy Englewood. Colorado 80110 Re: lntergovemmentil Letter Agreement January 28, 2002 The Honorable Beverly Bradshaw: Tracy K. S.ker Clerk & Recorder Off1Ct OF TIii Cl.ID a IIICOIIDla 5334 South Prince Sll'lft untemn. Colorado 10166-0001 Phone: 30J•79S~200 Fu: 3CU·794~25 -.Cll..,..,..,,.C0,11:1 c/rttOCll..,.,..,__C0.11:1 In compliance with Colorado Revised Stlrutes, the Arapahoe County Clerk and Recorder shall collect 3 . .So/a sales tax due the City of Englewood on the registration of all motor vehicles purchased by City of Englewood residents. These vehicles may be rqistcred at any of the offices of the Arapahoe County Clerk and Recorder. No registration or title will be issued unless evidence of either payment or exemption of said sales ta., is presented at the time of registration. The Arapahoe County Clerk and Recorder will transmit all funds collected daily to the Arapahoe County Treasurer, who shall remit 95% oftbe tunds collected to the City of Englewood by the 1 s"' of the month followin1 the month of collection thereof; retaining So/o as payment due for the aforementioned collection. The payment retained will be submitted to the County's General Fund. Tracy K.. Bak Arapahoe Ci>unty Clerk and Recorder 5334 S. Prince St. Littleton, Co 80166 The Honorable Beverly Bradshaw Mayor of the City of Englewood 1000 Englewood Pkwy Englewood. Co 80110 Mal'OIIVIJCI.I uai.-e,....i, Oflkw ,.o.a..-u,-. .:oilOlel>-oO» ,.,._, )OJ.7., ... 500 Fa: JOJ·7la-719l -VIHICU -.......... OMc. US.I £.11111.-. Aulor• . .:o,oou F.aa :llll·-H ---.............. .,.. 1.-1..,.._M ..... c. ... , ......... co .. : ,. ......... /·)Cf .).cc~ Date -1111•--· ...... ....... .... -.. J. COUNCIL COMMUNICATION Date Subject March 4 2002 Purchase Volvo Grader INfflATEDIY: STAFF SOUia: D rtment of Public Works Ken Ross Director of Public Works COUNCIL GOAL AND PRMOUS COUNOL ACTION City Cooodl approved replacement of this Volvo Grader In the 2002 Budget RECOMMENDED ACTION Approve If )he purchase of one Volvo G720 VHP Motor Grader lhrouwi the Colorado Departm of Transportation (COOT) state bid process in the amou BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Public Works Streets Division currently utilizes this vehicle for many of its daily projects. Unit 3176 is scheduled at this time for replacement through the Capital Equipment Replacement Fund (CERF). The COOT state bid process was used for this purchase. FINANCIAL IMPACT Funds are available in the CERF to cover the purchase price of $115,023.00 for this vehicle. LIST OF ATTACHMENTS Summary Specification Sheet COOT Specification Documents SERVICENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHICLES STATE AWARD J!{:) NO IF YES.AWARD# (:1)DT' B,J1t /18tl d()-Q84(p MANUFAr.TURER OF VEHICLE ....l/~J?~/ ..... cn-... _____ _ MODEL C.. VEHICLE 6 ');lp l)H p AIR CONIJITIONING @ A UT OMA TIC TRANSMISSION @ POWER WINDOWS YES POWER DOOR LOCKS YES 4 WHEEL DRIVE YES ALTERNATIVE FUEL OPTION YES C E R F REPLACEMENT cw.) NEW ADDITION TO FLEET YES DEPARTMENT VEHICLE ASSIGNED TO 043') COMMENTS : NO NO NO ® ($-t,-ts) Ce,{ tr.pknM7'1: Gae lk,.r ,3/?6 Cost 1n,tb a,c canJ. rao&o ,: 11>· 111>< kte.) i rxat-cr: -=-• 115, Od3 ~ ( ,n,tA /Dft:. roo~ hoarcJ) lf),t:.>, }ow cab • t .. • IVVU 3t,oo POUND MOTOR GRADER COLORADO DEPARTMENT OF TRANSPORTATION Minimum Specification GENERAL : It is the intent of this specification to descn"be a Diesef Powered Articulated Frame, Front Wheel Steerina, Motor Grader. The unit shall be suitable for severe service includina snow removal at elevations in excess of 10,000 feet and general highway maintenance work. All components of the unit shall be of proper size and desipi to afely withstand the maximum stresses imposed. All attachments, accessories, tools or other components nonnally furni!hed as standard equipment and necessary for the efficient operation of the unit shall be furnished. The unit shall meet or exceed the following specification. All alternates offered shall be listed. All altematcs proposed shall meet minimum specification . FOR DESCRIP110N PURPOSE-31,000 POUND MOTOR GRADER l'!!2Di FOR EVALUATION PURPOSES, ANY LINE rrEM urr 111.ANK WILL a C<JNmlatffl AS NON-RF.SPONSIVE AND WILL CAUSE BID TO BE lllJECnD DOK TO OIJa ~ 10 DO A f.Ala EVALUATION WITIIOUI' 1BE REQVESTl:D INJl'OIIMA110N. nm "WPQIWPD MT.A• IPACa AD CRnlCAL TIii: INFORMATION IN 'I1IESE AREAS IS UQOIIID TO D'ALDA'D AJII) COIQIDI COMPLIANCE. 11IERD'ORE, ,AU, REQUESTED OOORMATION Mllff -mmm., JII RAQ PROVIDED. 1AILURE ro PROVIDE ANY REQUESTED INJORMATION JOY, CAUSE nm D 10 a REJECI1D AS NON-RESPONSIVE. A. A. B. c. D. E. F. G. H. I. J. WDGBT j Shall have minimum openting weiabt of 31,000 poundl I IIOI eqiupped ,udl snow rcmonl eouioment or SC1rifier). ENGINE Shall be minimum 6 cylinder liquid cooled, clieNI 6-lld. Ml IIO a,,.._. hors wer. There shall be no de-ratin Shall be full turbo Shall have dry severe service air cleaner, hour ...... md am 6-IO -IO del!l'eCS FahrenbeiL Shall have cold weather swtin aid from wilhin die cab . Shall have primary and secandary fuel tilla'I md a .-..,_ in die l'ueJ svstem laced for easv access for service · Shall have full vandal proleetion to include mpie side lbicld ,-.la and all ftll Oouon In-line fuel he:ucr COMPLm .. ff!: s t .. ' . 1\JlJC ·• • • 31.00 POUND MOTOR GRADER COLOR.ADO DEPARTMENT OF TRANSPORTATION Minirnwn Specification Shall'be 2-c:ycle or 4-cycle (pleaH specify). ___ 4 ___ C_v_c_l_e __________ _ En&ine Make_C_uaamm=i_.n_s ______ Model __ ..,6_C..,T....,B .... ...,3.._ ____ _ 0 Eneine Net Horsepower ____ l __ 9 __ 5 ______ En&iae Displacemeat __ s"'o ... s.....,c .. r .. p.._ ___ _ A. B. c. D. E. TRANS~ION Shall be the manufacturers standard power shift type with a minimum eight (8) forward and minimum four 4 reverse Shall have a reverse alann that meets OSHA srandards. Shall have an automatic to neutral shift or other means of shut down or warning for hi h oil tem ture. COMPLIES 0) YES Specify Transmission Type. __ C_h_a_m_o_i_o_n __ 84_0_0 _________________ _ Specify aeutnil start provision. ____ N_eu"'t""r""'a"'l.....,S ... t .... a_.r..,t.....,.O""n .. l .. v __________ _ TIRES AND WHEELS COMPLIES ,.~.-... A. I Shall have six (6) 12 ply 1400R24 Michelin Snow Plus radial traction type on 10 inch rims. YES CAB COMPLIES 1•-·~ A. Shall be steel fullv enclosed. rMaximum heillht, cnn,mtl to tOD of cab IO' 6, v,:c B. Shall meet OSHA and MASHA requirements fur operaror sound exposure limits in effect at the time of manufacture . v,:c: C. Shall be SAE ROPS certified. VFC: D. Shall include a cloth ~ion seat with arm rests and seat belt. Vl,'C: E. Shall have horn, heater minimum 20,000 Bru, defroster, front and rear wipers, and inside mounted rear view mirror(s). VFC:- F. Shall have dash mounted electric monitoring system for all pressure and temperature readings. Shall include an audible and visual warning for low emzine coolant and oil i,n:ssure. Vl,'C: G. Shall have an adiustable control console. VF<: H . The steerinl! wheel shall be tilt adiustable. v,:c: I. Shall include three (3) sets of extra keys for the ipition, all lockable comoartments and vandal oro1:ection. vi::c: Ootion Heated Seat. s Nn Ootion AM/FM Radio . s -.an nn Ootion Factorv installed air conditioner. S 1c;c;c; nn Ootion Till and Tclescoom~ S1eenne Wheel S T-•l·•"•" 2 ' • • j vv o • A. B. c. A. B. C. A. B. C. Jt,oo POUND MOTOR GRADER COLORADO DEPARTMENT OF TRANSPORTATION Minimum Specification MOLDBOARD DRAW BAR AND CDlCLE The service bnkes shall be power asisted four (4) wheels and sball be self a,r ustin indivi on each wheel. The pmting shall be mechanical hind lever applied, adiDa on lhe 6nal drive wilh a red wamin Ii t and buzzer when lied wi1b lbe traasmissioo in Shall have an air er if air is used in du: svsem. COMPLIES Sllalhpedfy-ap!IC) l}llnla ... _,., ...... or ............ Eurgeucv Pi•c Brat, on Trana- mission output shaft and cfftstivl PP all 4 Ttndem Wbeele Csee 1p1c1f1cer1nn ,heat). COMPLIIS A. B. C. SllaD specify taraia1 ndlu ifaot SO d....-, tara lwfnat,..... _____________ _ Sballspecitydeadeqiaeemqeacy1taeriat .. Svstcm fe1tures cro,,-oxe,... D111J !rekfn1 Ci rcu i ts f or even Brak ,.ug on hath sides cf Greder Includes reeenre power a ssist plus operator warning system (see specification sheet). 3 t • • luul3 12:~,99 A. B. C. D. Jt.00 POUND MOTOR GRADER COLORADO DEPARTMENT OF TRANSPORTATION Minimum Specification MISCEU.ANEOUS All vandal tecrion locks shall have a common k The tandem chain case shall be welded box section. There shall be a toolbox provided with easy access when allied equipment is in lace. Shall have articulation indic:aror mounted for clear and unobslructed view by E. A slow movina equipment symbol will be mounted on tbe rear of tbe unit IS per Colcndo Stare Law. SPECIAL EQUIPMENT A. I 2 foot cunino l!fift rioht side. rear mOIDlt snow wina. 8. V-twe scarifier, minimum 4S inch. with leelh. C. Shall be equipped wilh n,·o Whelen SS360 suobes moWlled on the re:ir cab comers with br:1cke1S th:11 will allow the lights to lay flat on the cab "·hen in use and hinge below the cab when not in use . The lens on the cab left rear shall be amber :IJIC1 the right rear shall be blue . Strobes shall be ,·isible 360 clegre=s . Shall be conuol.led ~-indiYidu:11 illuminated Sl\itchcs (in the cab. ~-acces51l>le to the oper.nori on sepan11e circuit brakers. Shall be ~-operated so when the i mtion is switched to the off nMition there ""ill be no no11·cr to the mo bes. D. There sball be two balopD 1-dlaapa mOUDled CID a well CXIIIIIIUCllld .frame S)'SlelD CID tbc 6-of die llllit. 'Jbe badJampa mall bave llip 111d low bema capacily , 111d be mounted hiah caoup to sbine lipr over tbe -plow ia 1be rmed posilioo bul ao1-11mi S4 inches m...-ed from die c:eim-oftbe lipr to 1be surface of the p,uad. 1be lipl switch 111d dimmer switch lball be loclrai in tbecab. E. Sball be equipped wilb taillipll. Taillipts lball wm1t from a ccamoo awillcb wilh the badlillhts. F. There shall be work lip mOUDled front and rear. 1be from 11·ork lipa sbaU provide sufficient illumination to operwae the motor pader moldboard 111d circle in the dark. Swiichcs for these Jiahtc shall be oer item .. C-. G. A wing light shall be mounted IS to provide sufficient illumination of tbe win& for winoino snow in the dark. The switch shall be loc:aaed in lbe cab. H. A back up liabt shall be mounted on the rear of tbc unit IS to provide sufficient illumination to see a minimum of I 00 feet behind the unit in the darlt from the cab of the unit. The swi tch sh:111 be ttr item ~c-. I. A 12 foot x 45 inch Severe Service, hydnulic reversible, snowplow shall be mounted on the fronl of the unit by use of a Rylind Quick Coupler System or eciuivalent. COOT shall determine -•ivalent 4 COMPLIES COMPLm .... _-~ ... , ~" -- -- ,,..., -- V1'C v,:oc, v,:oc, t t:. . • • • IOOB A. 12/28199 Jt,00 POUND MOJOB GIW>Q COLORADO DEPAR1MENT OF nANSPORTATION Minim1m1 Specific:alion PAln'S Since die continuous operalion oflhis moror pader is oflbe utmost impona11ce and sometimes of III emerpnc:y lllbll'e, it is nec:esmy that !be successft.il bidder r· be in position to render prumpt pans and Nl'Yic:e. The successfuJ bidder sball mainlain 111/J/or have access 11> pans invenr.ory wi1llin Slale of Colorado. Said pans UMIIIIDly sball be of sufJlcieat size 111d variety 10 offir a level of parts availability of9S% within 41 boun hm time of order by CUIIDIDer. Aftilabilily of normal main11:11111ce itmls such • 6111n, bells, bydnulic lines, and bOIII sbaJI DOC exceed 24 hours. Bidder sbaJl lll8dl a propmed propam far p1111 llld service availabilitv. COMPLIES (DS/)IO) ..,., I . Successful bidder shall provide a one (I) day on-site session of operation 111d service trainiaa (I boun minimum) at a mutually agreed upon time and place. 2 . Successful bidder shall provide parts, shop, repair, service, 111d apenrors manuals • lime of delivery. Paymem far !be complete unit shall be wiibbeld until such bas been delmnd. 3. The TANDEM DRIVE/ARTICULATED FRAME MOTOR GRADER 31,000 POUNDS shall be new and oflbe manufaclums most current model unless ocbawise IUlboriZied by lbe Depmtmeat ofTrampo111dicia. 4. The TANDEM DRIVE/ARTICULATED FRAME MOTOR GRADER 31,000 POUNDS all !Mil al S-ad Fedenl rqulalioas. S. The TANDEM DRIVE/ARTICULATED FRAME MOTOR.GRADER 31,000 POUNDS-0 bepailad --.rd Colorado Division ofTrmsponation onnp color. The pull sball coabm in color ID DuPclllt Dulux AH- 31/Dietzler, 601 S6 Taqiers Onnp. 6. The TANDEM DRIVE/ARTICULATED FRAME MOTOR GRADER 31,000 POUNDS -a be•• 11blld,. serviced and ready to be placed in service whm delivered. 7. W arr.m~· stan d:itc shall be the date the 'T A."IDEM DRIVE/ ARTICULATED FRAME MOt'OR GRADER 31.000 POUNDS is plac..-d in service . s I l UVtl Juo PQUND MOTQR GRADfl COLORADO DEPARTMENT OF TRANSPORTATION Minimum Specific:atioa SPECIAL NOTE: 8 . Wamnty: Shall be the mmufaclunn SlalClard 111d sball be specific: wbtn co,,...e 111d respamibililies are c:onc:rmed. Wlfflllll)' wodt shall be done widl no apwe inmftd by the Cokndo Deplnmeat ofTl'lllllpCll1lli (Example: truc:kiDa back ro veac1or. field mecbmk: 11W111Fo ltC.J. ne wm'l'lllly .-.. a11 be 111c .. die TANDEM DRIVE/ AllTICULA TED FRAME MOTOR GRADER 31.000 POUNDS ii deliwnd ID 111d ICCllplld for paymat by die D1p1nmmt ofTl'llllpOl1llial If needed amacb adliliolal aell e.,q,laiDi .. Opliollll additioml "'lUTalltics liSled in "MisceDnaeollS-. 9. ne pioapedive bidders sball ...-Jy lilt-, prapcad ..,.-ill er c a clevillioa hm lblt tpeCi1ied by die Cokndo Depm1mem ofTaauspo.mioo specifil:m., lilllllhbave aad sball fbnmh • part ofdlis bid papouJ, Cllalos 111d specification sbeels wbic:h fidly cb:ribe die prap-1 speci&cadoa .... Make Champion Model 720A VHP Estimated Delivay Dare 60 -90 Daya COUNOL COMMUNICATION Date Agenda Item March 4, 2002 INfflATEDIY STAFF SOUia City Manager's Office Michael Flaherty, Assistant City Manager COUNOL GOAL AND PIEVIOUS COUNal ACTION Ordinance 47, Series of 2000, authorized pubic side walk sales for community events or celebrations. IECOMMENDED ACTION Staff recommends council approval, by motion, of June 8 and August 24, 2002, as dates for citywide public sidewalk events. IACKGOUND Prior to the passage of Ordinance 47, Serles of 2000, sidewalk sales were prohibited under Tide 11, Chapter 3, Subsection 3 of the Englewood Revised Municipal Code, which prohiblls obstruction of highways and public passages. Ordinance 47, Series of 2000, provides an eiccepdon for public sidewalc sales. The City Policy establlshed for public sidewalc sales alows for such sales.to be conducled only in conjunction with a City authorized public sidewalk sales event The dates of June 8 and Ausust 24, 2002, have been proposed as dates for citywide public sldewallt sales throuafl cllc:nllions wilh the Greater Englewood Chamber of Commerce and the Allanc:e for Commerce in Enalewood. ANANCIAl IMPACT None LIST OF AlTACHMENTS None. 0 • COUNCIL COMMUNICATION Date Agenda Item March 4, 2002 STAFF SOURCE Subject Aqueduct Improvements Project on the City Ditch INmATEDBY Utilities Department Stewart Fonda, Director of Utilities COUNCIL GOAL AND PRMOUS COUNCIL ACTION None RECOMMENDED ACTION With a phone vote on February 19, 2002 approval ewood Water and Sewer Board recommended Council BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED The original flumes were built in the 1940's to convey water for irrigation and supply raw water to the Allen Filter Plant Along the course of the canal there are 4 elevated flume structures that cross over Dad Clark Gulch, lee Gulch, Slaughterhouse Gulch and Big Dry Creek. Over time, water flows, rocks and debris have scoured the exposed metal with weather causing additional deterioration. Flumes are used for carrying City Ditch water from Chatfield to the Allen Filter Plant The flumes have had regular maintenance but it has reached the point that a major rehab is necessary for continued use. The flume beds will be relined with a high-build electrometric coating that is corrosion, abrasion and impact resistant The proposed project also includes sandblastina, patching damaged areas, spillway and box reconstruction. Englewood's City Attomey has reviewed the agreement FINANCIAL IMPACT Requests for Bid were sent to six vendors for the City Ditch Aqueduct Improvements Project A bid opening was held on February 14, 2002. Two responses were received: Premier Specialty Contractors S 186,293.00 Ke nn y Manta Industrial Services is the recommended low, acceptable bidder at Sl 57,800.00. The Utilities De partment budgeted $90,000.00 in the 2002 Budget for this project and the engineer's estimate was $143,000.00. Extra funds are available from the Water Fund. lntegra Engineering has reviewed and approv ed the recommended acceptable bidder. LIST OF ATTACHMENTS Le tter dated February 19, 2002 from lntegra Engineering t .. • • "' .ii Jr J:J·f !I i.J-f . . (l Ir ... : r,i ·~r~ : hH1n · : ip!t Ii . I l.r ... l : !iHH. I I I J1'tul tii1 ·t l '"1 i'\.r8; tl!ihi Jt& 1-0 ... ·,;1 ii Urn1: (ft I ' r, l - 1111 h \A ::-1 jlll 11 8 I~ 1' ; lll I 8 I~ n e -8 K;~ tfr i · fi~~ ~ 1:~! (· [ ; f i; l I. I • l .. 11 -8; -~ 1i I · I If. I ~ I B !1 · ·-·: •. .J ~f I ~ f iii 8, iJ~ !I I J f ··1 11 -~f I -a. .... !A... fl lf I if '\l:... lt $ 11 f , r I t 1 h ·1 "I h, ,~ iii' Jr rt .It i,1 ____ ~~\''.'lt';~ ~ ~ ...... :" .•. ·•. • .?'l..."':~':.,,";:,~." • .--·~· ·~.-... -.--.~---.--· -. • -.:.. ~ ,,.., ~ .......... ----....."" • ·"' _·.J-..... t....,,. . ..:..._ .I,~;) :: ~ . ., .. . ' r:.i-• .. . . . . .1 ~ • • • • • • • [ Cl 111 ;1 ,. I 1 lf ·: Cl · ir1 0 .... · .tD .- . ,.,,,.,, ,,. .z«U . CotiamGr QmllJlmtlo,t,. TIii low ...... JC-, Mlllla b t 1111 Simm, ii qmlilld ID pdna lbl walk tbr Iba Aqaldact lqaoc • Plaja:C. n. OclDlllr 2901 .... of ....... I{..,. IM:ard rmb E-, ladallrial s.w:i.. ia .. lap 40 of all U.S. Spa:illly C bW IIJd 111d &It ID paiDllas. JC--, ......, Slrvioll ii OClllplilld of ilur dHlllmt OI .... iN wllicll .... JC-, MIIIII. Cm SU... Mee,hld ....... 111d 0• I ....._ Comhiaed, 111111 •die ..... OClldap , Hf u: ill die U.S. n., .._._.ill buliDaliace190i IC,aay Mania pnMdea a lnall ... of ..,_ ID .....a inc. lu h Wi111 powar ...... cllllaicll 11111 plCIO t fell, ..... palp 111d ............... ldlllu. TIii ....., Im a lipi&:aat nrml of JIii...._ die type of._ ...... llr .. > p111Dcr Imp.u,www h,Ject. a..d oa tlds l9CCIIII, JC-, Mlllla II w.u ..... ID 1,..._ lbl Mpdla laapcow Plajac:t. I O-r..bt • l«o ,..,_ We • mmelf Mllld of die Jllojlar ID EIIIIIJ .... ladumialSemclafilr .. lowbidwofSlS7,IOO.OO. lf,oulaw-, t haor.....- edclidoml wi-we, pleae call a ' Sisenlly, ~M/IPWt*'I ,.,J,/J BY AUTHORITY REDUCTION FOR A TWO YEAR PERIOD. INTRODUCED BY COUNCIL MEMBER GRAZULIS WHEREAS, the City of Englewood eatabliahed an Admiuiona Tu with the paaage of Ordinance No. 51, Seriea of 1976; and WHEREAS, the Alliance for Commerce in Englewood (ACE) recommended elimination of the three percent (3%) City Admiaaiona Tu on thoA buaineuee that charge admisaion pursuant to Ordinance No . 51 , 1976; and WHEREAS, ACE support& the development of a divenified buaineu mis, includiq the addition of buaineue8 that charp admiaaion for entertainment and other public events that expand commercial activities in Englewood; and WHEREAS, ACE understands the City's pl to divenify the revenue baN; and WHEREAS, a more divenified buaineBB mix will enhance the current l'ffellue stream and may create opportunities for divenmed revenues; and WHEREAS, the current AdmiBBione Tu may pruent a ._ntive for dime biply sought after buaine-•; and WHEREAS, in the tight metro market, replatory and b~ climate iaaUN auch as taxes can be a determining factor in aite aelection; and WHEREAS, a temporary Adntiaaiona Tu reduction to 0% for two yean may help diversify the tax baae ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OP ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Enclewood, Colorado hereby authoriae and appr oves a temporary City Admjaaiona Tax reduction to 0 % for a two-year period and at the end of thoee two years the City Admiaaiona Tax would be reviewed to determine reinstatement or elimination. On January 7, 2002 first reading wu continued until February 4, 2002. On February 4, 2002 first reading wu continued until February 19, I002. Introduced, read in full and puaed on first raadinc on the 1 .. day oCFabruary, 2 002 . -1- .. • • Publiabed u a Bill tor au Ordinance on tbe 22nd day of Februuy, 2002. Read by title and paaaed OD &Dal nadillc Oil tbe 4* da, of Much, IOOI. Publialied by title u OnliDaDce No. _. Seriel of 2002, on tbe 8'b da, of March, 2002. A'M'EST: Bevulr J, Bndabaw, Mayor Loucriabia A. Ellia, City Clerk I, Loucriahia A. E1lia, City Clerk of tbe City of~ Colorado, benby cartify that tbe above and £onsaiD1 ia a true eopy of the Ordiaance puaed on lul rudins and publiabed by title aa Ordinancl No. __. S... of 2002. -2- AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MARCH 4, 2002 7:30 P.M. Englewood Civic Center • Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. rJ; j~ 2. Invocation. /)~ 3 . Pledge of Allegiance . ~ 4. RollCall. ~ 5. Minutes. (}t!)~ ~-(),a/ Minutes from te Regular Oty Council Meeting of February 19, 2002. / A)../ kJh / tf ~11.); $1-/1-f:..TTJ vvv ...,-7 ,- 6. Scheduled Visitors . (Please limit your presentation to ten minutes.) )Y ~ Un~~'T~..,./~'f.cw>'t'v~ -'° five minute,.) 8. l'""nkations Prodamatio"' and A_.tmenb. ff 9. Public Hearing (None scheduled) fr - ·, Englewood Cily Council Agenda March 4, 2002 Page 2 10. Consent Agenda . a. Approval of Ordinances on First Reading. i. Council Bill No. 9 • Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Sanitation District Supplement #152 to Connector's Agreement. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. b . Approval of Ordinances on Second Reading. i. Council Bill No. 7, approving an Intergovernmental Agreement with Arapahoe County Clerk and Recorder concerning the collection, dispersion, and vendor retention of sales tax . c. Resolutions and Motions. i. Recommendation from the Department of Public Works to approve, by motion, the purchase of a Volvo Grader for the Streets Division. Staff recommends awarding the bid through the Colorado State Bid process in the amount of $115,023.00. STAFF SOURCE: Ken Rou, Director of Public Worb. ii. Recommendation from the City Manager's Office to establish, by motion, dates for City-wide Sidewalk Sales Events: June 8 and August 24, 2002 . STAFF SOURCE: Mike Flaherty, Auistant Caty Manager. m: Recommendation from the Utilities Department to approve, hr molion, the construction of aqueduct improvements to the City Ditch. Staff recommends awarding the contract to the lowest technically acceptable bidder, Kenny Manta Industrial Services, in the amount of $157,800. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. 11 . Regular Agenda . a. Apprr:p of Ordinances on First Reading. -~Approval of Ordinances on Second Reading. i'1~J~.~~;'·~"Y <eductM>n ;n~a1y, 11J c. Jisolutions ~ Motions. ~ t .. • • .. Englewood City Council Agenda March 4, 2002 Page 3 12 . General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13 . City Manager's Report. 14. City Attorney's Report. The following minutes were transmitted to City Council between February 1 S -28, 2002: • Englewood Urban Renewal Authority meeting of November 14, 2001 Keep Englewood Beautiful Commission meeting of January 8, 2002 Englewood Public Library Board meeting of January 8, 2002 Englewood Board of Adjustment and Appeals meeting of January 9, 2002 • Alliance for Commerce in Englewood meeting of January 10, 2002 • Englewood Code Enforcement Advisory Committee meeting of January 16, 2002 Pie.. .... ,.. .... ...., (JD.71W415) ...... ............. .. ....... _ 0 •• • • I t&!_ tr!JWA-.:.--'l·a/1~~ o/40,,;__ /'.~ -~ c8-~~~ 4. ~we ~· . . ~;; I.IT~ v /~~III V ~...__., V"" ~ ~-:i/;14,,__ ~~~-~ ff/Jf 0-o1iif~ ~· ' . . . ... ·' . •· • ·• -. , • .. I ,. 9· • ·• ' -- • r;.:--.. ( I ·:..i • ~- -•' . . . : . ' .... .. . . : . . • • • ·• • • n (,J r--l •.1:...__,,) ' . . . ' ~ . . - • • 1\ ' ,J c--. . ( ) j "-.__,,I ' : . . • • • ·• • • A I ' . t V -- ~ ' ' • • • ·• . • . ' f'".'"'1 (, ~\ !-~ . . . . . 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