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Home My WebLink About2014-02-18 (Regular) Meeting Minutes• • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session February 18, 2014 A permanent set of these minutes and the aud io are mainta ined in the C ity Clerk's Office . Minutes and streaming audios are also available on the web at: http ://www.englewoodgov .org/i ns ide-city-hall/city-council/agendas-and-minutes 1 . Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Penn at 7:41 p.m. 2 . Invocation The invocation was given by Council Member Mccaslin. 3 . Pledge of Allegiance The Pledge of Allegiance was led by Council Member Mccaslin . 4 . Roll Call Present: Council Members Jefferson , Olson , Gillit, Mccaslin , Wilson , Yates , Penn Absent: None A quorum was present. Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush D irector Gryglewicz, Finance and Adm i nistrative Services Director White, Community Development Director Fonda, Utilities Director Black, Parks and Recreation Deputy Police Chief Sanchez Streets Maintenance Manager Hagan , Public Works Fleet/ServiCenter Manager White, Public Works Water Production Supervisor Clark , Utilities Senior Planner Neubecker, Community Development Fire Chief Marsh 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 3, 2014. Vote results: Motion carried . Ayes: Nays : Counci l Members Yates , Mccaslin , Wilson , Penn , Jefferson , Olson, Gillit None Englewood City Council February 18, 2014 Page 2 6 . Recognition of Scheduled Public Comment (a) Jason Clark, Water Production Supervisor addressed City Council regarding the dedication of the Ultraviolet Disinfection System at the Allen Plant to the late Joe Pershin , former Water Production Administrator at the Plant. 7. Recognition of Unscheduled Public Comment (a) David Gilbert, an Englewood resident, spoke about property owned by the Englewood Environmental Foundation, the plaza and the amphitheater, and the signage indicating the banning of certain practices including panhandling , petitioning, camping and the distribution of flyers . These are Freedom of Speech rights that must be reinstalled and with the proper signage . (b) Doug Cohn, an Englewood resident, spoke about Pete Seeger's song "If I Had a Hammer" and what it stood for. Don't be the misrepresentation listed in the song , but be equal and make the rules fair, he said . Don 't d iscriminate and allow freedom . (c) Elaine Hults , an Englewood resident, said she heard that a Council Member said that they do not want citizen input. She does not think that the park land should have been sold . She believes in free speech . This is still a democracy. (d) Laura Phelps, an Englewood resident, said she discovered a deadline in a process called Creative Districting. It's on March 3, 2014 . I have reached out to several staff and board members, she said . Colorado Creative Industries is facilitating Creative Districts. It started three years ago . This process has become more competitive . We need to produce a letter of interest. By missing this deadline, it would set us • back two to three years . This could be used as a tool for economic development. Please allow Director White • to complete this letter. Council responded to Public Comment. 8. Communications, Proclamations and Appointments (a) considered. A proclamation declaring the month of February as African American History Month was COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE A PROCLAMATION DECLARING THE MONTH OF FEBRUARY AS AFRICAN AMERICAN HISTORY MONTH. Vote results: Motion carried . Ayes : Council Members Yates , Mccaslin , Wilson , Penn, Jefferson, Olson , Gillit Nays : None 9. Consent Agenda (a) Approval of Ordinances on First Reading COUNCIL MEMBER OLSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (i), (ii), (iii) and 9 (b) (i). (i) COUNCIL BILL NO . 8, INTRODUCED BY COUNCIL MEMBER OLSON A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "EAST • METRO AUTO THEFT TEAM (EMATI) MEMORANDUM OF UNDERSTANDING FOR PARTICIPATING AGENCIES" BETWEEN THE COLORADO STATE PATROL, THE COUNTIES OF ARAPAHOE AND • • • Englewood City Council February 18, 2014 Page 3 DOUGLAS AND THE CITIES OF AURORA, COMMERCE CITY AND ENGLEWOOD TO COMBAT AUTO THEFTS AND VEHICLE INSURANCE FRAUD IN THE EAST METRO AREA (ii) COUNCIL BILL NO . 9, INTRODUCED BY COUNCIL MEMBER OLSON A BILL FOR AN ORDINANCE AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT .hYALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18 JUDICIAL DISTRICT. (iii) COUNCIL BILL NO . 10, INTRODUCED BY COUNCIL MEMBER OLSON A BILL FOR AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO APPLY FOR AND ACCEPT FUNDING FROM THE U.S. DEPARTMENT OF JUSTICE -OFFICE OF JUSTICE PROGRAMS, FOR THE PURCHASE OF BULLET PROOF VESTS . (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 6, SERIES OF 2014 (COUNCIL BILL NO. 7, INTRODUCED BY COUNCIL MEMBER OLSON) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "EQUITABLE SHARING AGREEMENT AND CERTIFICATION" BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF TREASURY AND THE CITY OF ENGLEWOOD, COLORADO ACCEPTING FORFEITURE MONIES DURING FISCAL YEARS 2014, 2015, 2016 AND 2017 . Vote results: Motion carried. Ayes: Nays: Council Members Yates, Mccaslin, Wilson, Penn, Jefferson, Olson, Gillit None (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 11 (c).) 10 . Public Hearing Items (a) COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO REOPEN THE PUBLIC HEARING (CONTINUED FROM FEBRUARY 3, 2014) TO GATHER INPUT ON COUNCIL BILL NO. 60, AUTHORIZING AMENDMENTS TO TITLE 16: UNIFIED DEVELOPMENT CODE REGARDING HOME OCCUPATIONS. Council Member Olson recused herself from the hearing . Vote results: Ayes: Council Members Yates, Mccaslin, Wilson , Penn, Jefferson, Gillit Nays: None Motion carried and the Public Hearing opened . All testimony was given under oath. Director White said discussion about this zoning issue has occurred for many years. Technology has impacted the way businesses operate. Home based businesses are a part of our growing economy. We need to balance the growth and the needs of the neighbors . This ordinance strikes a balance . Senior Planner Neubecker said this topic was brought to us. We believe that there may already be some home operations. This will allow home based businesses in the R-1-A District that currently doesn't allow them . Englewood City Council February 18, 2014 Page4 There are limitations set forth in the ordinance. Mr. Neubecker detailed the differences as to what would be allowed with this ordinance and what would not be allowed. Those prov iding public comment included : Brent Kirkpatrick, Ron Pickens, Ida May Nicholl, John Gerlick, and Kimberly Cowger. Mr. Pickens gave the City Clerk a copy of the Hampden Hills "Declaration of Building and Use Restrictions " document, which was entered into the record . COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO CLOSE THE PUBLIC HEARING (CONTINUED FROM FEBRUARY 3, 2014) TO GATHER INPUT ON COUNCIL BILL NO. 60, AUTHORIZING AMENDMENTS TO TITLE 16: UNIFIED DEVELOPMENT CODE REGARDING HOME OCCUPATIONS. Vote results: Ayes : Council Members Yates , Mccaslin , Wilson, Penn , Jefferson, Olson , Gillit Nays : None Motion carried and the Public Hearing closed . 11 . Ordinances, Resolutions and Motions (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (See Agenda Item 9 (a) -Consent Agenda .) (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 9 (b) -Consent Agenda .) (c) Resolutions and Motions (i) Director Gryglewicz presented a recommendation from the Finance and Administrative Services Department to approve a resolution authorizing a transfer and supplemental appropriation of funds for Building System Replacements, Road and Bridge Repair, Permit Tracking System development, and a Solar Garden Project in the total amount of $567 ,000 .00 . COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i)-RESOLUTION NO. 37, SERIES OF 2014. RESOLUTION NO . 37 , SERIES OF 2014 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION OF FUNDS TO THE 2014 BUDGET FOR A VARIETY OF CAPITAL PROJECTS THAT WERE NOT INCUDED IN THE 2014 BUDGET. Vote results: Motion carried . Ayes : Council Members Yates , Mccaslin, Wilson , Penn, Olson, Gillit Nays : Council Member Jefferson • • (ii) Manager Hagan and Manager White presented a recommendation from the Public Works Department to approve, by motion, the purchase of an oil distributor for the Streets Division . Staff • recommends awarding the contract to Macdonald Equipment Company, the lowest acceptable bidder, in the amount of $60,493 .00 . • • • • Englewood City Council February 18, 2014 Page 5 COUNCIL MEMBER OLSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii)-A CONTRACT WITH MACDONALD EQUIPMENT COMPANY FOR THE PURCHASE OF AN OIL DISTRIBUTOR FOR THE STREETS DIVISION IN THE AMOUNT OF $60,493.00. Vote results: Motion carried . Ayes: Council Members Yates , Mccaslin, Wilson, Penn, Jefferson, Olson, Gillit Nays: None (iii) Manager Hagan and Manager White presented a recommendation from the Public Works Department to approve, by motion, the purchase of a dump truck for the Streets Division . Staff recommends purchasing the vehicle thorough the state bid in the amount of $75,378 .00 . COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEMS 11 (c) (iii) -THE PURCHASE OF A DUMP TRUCK FOR THE STREETS DIVISION THROUGH THE STATE BID IN THE AMOUNT OF $75,378.00. Vote results: Motion carried . Ayes: Council Members Yates, Mccaslin, Wilson, Penn, Jefferson, Olson, Gillit Nays: None 12. General Discussion (a) Mayor's Choice (b} Council Members' Choice (i) COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AN EMERGENCY MORATORIUM TO ALLOW THE TWO CURRENT APPLICANTS FOR MEDICAL MARIJUANA OPTIONAL PREMISES CUILTIVATION LICENSES TO BE REVIEWED BY THE LIQUOR AND MEDICAL MARIJUANA LICENSING AUTHORITY TO DETERMINE IF THEY HAD POSTED THEIR PUBLIC HEARING NOTICES CORRECTLY AND IF FOUND TO BE INCORRECT, THEY WOULD HAVE TO WAIT UNTIL THE SIX MONTH MORATORIUM HAS ENDED TO REAPPLY AND TO DECLARE A SIX MONTH MORTORIUM ON ANY FUTURE MEDICAL MARIJUANA APPLICATIONS. Vote results: Ayes : Council Members Mccaslin, Wilson, Gillit Nays: Council Members Yates, Penn, Jefferson, Olson Motion defeated. (ii) Registration for NLC Congressional Cities Conference in Washington, D.C. from March 8 to 10, 2014 was discussed . MAYOR PENN MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, TO APPROVE REGISTRATION OF COUNCIL MEMBERS YATES, McCASLIN, JEFFERSON, AND GILLIT TO ATTEND THE NLC CONGRESSIONAL CITIES CONFERENCE IN WASHINGTON, D.C. FROM MARCH 8TO10, 2014 Vote results: Motion carried. Ayes: Council Members Yates, Mccaslin, Wilson, Penn, Jefferson, Olson, Gillit Nays: None (iii) COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO APPROVE AN EMERGENCY MORATORIUM TO ALLOW THE TWO CURRENT Englewood City Council February 18, 2014 Page 6 APPLICANTS FOR MEDICAL MARIJUANA OPTIONAL PREMISES CULTIVATION TO BE REVIEWED BY THE LIQUOR AND MEDICAL MARIJUANA LICENSING AUTHORITY TO DETERMINE IF THEY HAD POSTED THEIR PUBLIC HEARING NOTICES CORRECTLY AND IF FOUND TO BE INCORRECT, THEY WOULD BE ALLOWED TO CORRECT THE POSTING IMMEDIATELY AND TO DECLARE A SIX MONTH MORTORIUM ON ANY FUTURE MEDICAL MARIJUANA APPLICATIONS. Vote results: Motion carried. Ayes : Council Members Yates, Mccaslin, Wilson, Penn, Olson , Gillit Nays : Council member Jefferson 13 . City Manager's Report City Manager Sears did not have any matters to bring before Council. 14 . City Attorney's Report (a) City of Englewood and Colorado Intergovernmental Risk Sharing Agency v. Delvin Harrell and Industrial Claims Appeals Office, Supreme Court Case No : 2014SC123 was discussed . MAYOR PENN MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO CONTINUE THE SUPREME COURT CASE NO. 2014SC123. Vote results: Motion carried . Ayes : Council Members Yates, Mccaslin, Wilson, Penn, Jefferson, Olson, Gillit Nays : None 15. Adjournment MAYOR PENN MOVED TO ADJOURN . The meeting adjourned at 9:56 p.m. • • •