The URL can be used to link to this page

Home My WebLink About2014-03-03 (Regular) Meeting Minutes"" ... • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session March 3, 2014 A permanent set of these minutes and the audio are maintained in the City Clerk's Office. Minutes and streaming audios are also available on the web at: http://www.englewoodgov.org/inside-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 7:31 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: Absent: A quorum was present. Council Members Jefferson, Olson, Gillit, Mccaslin, Wilson, Yates, Penn None Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Gryglewicz, Finance and Administrative Services Director White, Community Development Director Fonda, Utilities Engineer IV Brennan, Utilities Engineer IV Abouaish, Utilities Fleet Manager White, Public Works Open Space Manager Lee, Parks and Recreation Planner Voboril, Community Development Senior Planner Neubecker, Community Development Police Commander Watson Fire Chief Marsh 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 18, 2014. • • Vote results: Ayes : Council Members Yates, Mccaslin, Wilson, Penn, Jefferson, Olson, Gillit Nays : None Motion carried. Englewood City Council March 3, 2014 Page 2 6 . Recognition of Scheduled Public Comment There were no scheduled visitors . 7. Recognition of Unscheduled Public Comment (a) Doug Cohn , an Englewood res ident, provided Council with a list of addresses where he found bus iness signs in the R-1-A Zone D istrict. He said the majority of the signs are security company signs. He is asking for clarification in regards to the signs . He doesn 't think it is addressed under the home occupation changes being considered . (b) Elaine Hults , an Englewood resident , discussed security company signs on properties . They are to prevent home break-ins and she said they shou ld be okay signage for all homes . Counci l responded to Public Comment. 8. Communications, Proclamations and Appointments (a) cons idered . An email from Tom Kelly announcing his resignation from the Public Library Board was COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO ACCEPT THE RESIGNATION OF TOM KELLY FROM THE PUBLIC LIBRARY BOARD. 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), 9 (b) (i), (ii), (iii), AND 9 (c) (i), (ii), (iii). (i) COUNCIL BILL NO. 11 , INTRODUCED BY COUNCIL MEMBER OLSON A BILL FOR AN ORDINANCE AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT ENTITLED "FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES " (ENGLEWOOD ART SHUTTLE) BETWEEN THE REG IONAL TRANSPORTATION DISTRICT (RTD) AND THE CITY OF ENGLEWOOD , COLORADO. (ii) COUNCIL BILL NO . 12 , INTRODUCED BY COUNCIL MEMBER OLSON A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "COLORADO INTERNET CRIMES AGAINST CHILDREN TASK FORCE MEMORANDUM OF UNDERSTANDING (MOU)" BETWEEN THE CITY OF COLORADO SPRINGS AND MEMBER PARTIES INCLUDING THE CITY OF ENGLEWOOD , COLORADO . (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 7, SERIES OF 2014 (COUNCIL BILL NO . 8, INTRODUCED BY COUNCIL MEMBER OLSON) • ·• .. -. • • • ) Englewood City Council March 3, 2014 Page 3 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "EAST METRO AUTO THEFT TEAM (EMATT) MEMORANDUM OF UNDERSTANDING FOR PARTICIPATING AGENCIES " BETWEEN THE COLORADO STATE PATROL , THE COUNTIES OF ARAPAHOE AND DOUGLAS AND THE CITIES OF AURORA, COMMERCE CITY AND ENGLEWOOD TO COMBAT AUTO THEFTS AND VEHICLE INSURANCE FRAUD IN THE EAST METRO AREA. (ii) ORDINANCE NO . 8 , SERIES OF 2014 (COUNCIL BILL NO . 9 , I NTRODUCED BY COUNCIL MEMBER OLSON) AN ORDINANCE AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. (iii) ORDINANCE NO. 9, SERIES OF 2014 (COUNCIL BILL NO. 10 , INTRODUCED BY COUNCIL MEMBER OLSON) 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. (c) Resolutions and Motions (i) RESOLUTION NO. 38 , SERIES OF 2014 A RESOLUTION APPROPRIATING FUNDS FOR THE RIVER RUN PROJECT. (ii) PURCHASE OF A FORD 550 TRUCK WITH CHIPPER BODY THROUGH A STATE AWARD IN THE AMOUNT OF $77,613 .00 . (iii) APPROVAL OF A LETTER REQUESTED BY THE COLORADO WATER CONSERVATION BOARD REGARDING THE ENGLEWOOD WATER CONSERVATION PLAN . Vote results: Motion carried . Ayes : Council Members Yates , Mccaslin , Wilson, Penn , Jefferson, Olson, Gillit Nays: None 10. Public Hearing Items No publ ic hearing was scheduled before Council. 11 . Ordinances, Resolutions and Motions (a) Approval of Ordinances on First Reading (i) Planner Voboril presented a recommendation by the Community Development Department to adopt a bill for an ordinance approving an Intergovernmental Agreement with Denver Regional Council of Governments regarding the licens ing of the 2014 Denver Regional Aerial Photography Project. COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO . 13. COUNCIL BILL NO. 13 , INTRODUCED BY COUNCIL MEMBER McCASLIN A BILL FOR AN ORDI NANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) ENTITLED "LICENSING AGREEMENT REGARDING DENVER REGIONAL AERIAL PHOTOGRAPHY PROJECT" BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS AND THE CITY OF ENGLEWOOD , Englewood City Council March 3, 2014 Page4 COLORADO FOR THE CITY 'S PARTICIPATION IN THE DENVER REGIONAL AERIAL PHOTOGRAPHY PROJECT (DRAPP). Vote results: Motion carried. Ayes : Council Members Yates , Mccaslin , Wilson , Penn , Jefferson , Olson , Gillit Nays : None (b) Approval of Ordinances on Second Reading (i) Council Bill No . 60, authorizing amendments to Title 16 : Unified Development Code regarding Home Occupations was considered. COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO ALLOW COUNCIL MEMBER OLSON TO RECUSE HERSELF FROM PARTICIPATING WITH COUNCIL BILL NO. 60. Vote results: Ayes : Council Members Mccaslin, Wilson, Penn , Jefferson , Olson , Gillit Nays : Council Member Yates Motion defeated because it had to be a unanimous vote by the remaining members . COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (b) (i) -COUNCIL BILL NO. 60. COUNCIL BILL NO . 60, INTRODUCED BY COUNCIL MEMBER JEFFERSON ( .-.. • A BILL FOR AN ORDINANCE AMENDING TITLE 16 , CHAPTERS 5, 4-C (1) (a) THROUGH (g); 5-4-C (2) AND • 11-2-B, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO HOME OCCUPATIONS AND ALLOWING THEM IN THE R-1-A ZONE DISTRICTS . COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO AMEND COUNCIL BILL NO. 60, 16-5-4-C (1) (a) (i) (a) (i) TO REFLECT THAT R-1-A MIRRORS THE RESTRICTIONS FROM ALL OTHER RESIDENTIAL ZONE DISTRICTS. Vote results: Motion carried . Ayes : Council Members Yates, Mccaslin , Wilson, Penn , Jefferson , Olson , Gillit Nays : None COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO AMEND COUNCIL BILL NO. 60, 16-5-4-C (1) (a) (i) (a) (ii) TO REFLECT THAT R-1-A ALLOWS ALL COMMERCIAL DELIVERY SERVICES BETWEEN THE HOURS OF 7:00 A.M. AND 9:00 P.M. Vote results: Motion carried . Ayes : Council Members Yates, Mccaslin, Penn, Gillit Nays : Council Members Wilson , Jefferson, Olson COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO AMEND COUNCIL BILL NO. 60, 16-5-4-C (1) (a) (i) (a) (ii) TO ALLOW ONE CUSTOMER AT A TIME AT EACH LOCATION. Vote results: Motion carried . Ayes : Council Members Yates, Wilson, Penn , Jefferson , Olson , Gillit Nays : Council Member Mccaslin • : -. ~ Englewood City Council • • • March 3, 2014 Page 5 COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO AMEND COUNCIL BILL NO. 60, 16-5-4-C (1) (d) (1) TO ALLOW ONE ASSISTANT. Vote results: Motion carried. Ayes : Council Members Yates , Mccaslin, Wilson , Penn, Gillit Nays : Council Members Jefferson , Olson COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO AMEND COUNCIL BILL NO. 60, 16-5-4-C (1) (b) TO ALLOW DETACHED ACCESSORY STRUCTURE FOR STORAGE ONLY. Vote results: Motion carried . Ayes : Council Members Yates , Mccaslin, Penn , Jefferson , Olson , Gillit Nays : Council Member Wilson COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO APPROVE COUNCIL BILL NO. 60 AS AMENDED. Vote results: Motion carried . (c) Ayes : Council Members Yates, Mccaslin , Wilson, Penn, Jefferson , Olson , Gillit Nays : None Resolutions and Motions (i) Fleet Manager White presented a recommendation from the Utilities Department and Public Works Department to approve, by motion , the purchase of a rubber-tired wheel loader/backhoe. Staff recommends awarding the contract to Honnen Equipment, the lowest acceptable bidder, in the amount of $131 ,555 .00 . COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO AWARD THE CONTRACT TO HONNEN EQUIPMENT FOR THE PURCHASE OF A RUBBER-TIRED WHEEL LOADER/BACKHOE IN THE AMOUNT OF $131,555.00. Vote results: Motion carried . Ayes : Council Members Yates , Mccaslin , Wilson , Penn , Jefferson , Olson , Gillit Nays : None (ii) Eng ineer IV Brennan presented a recommendation from the Utilities Department to approve , by motion , the proposal by the Allen Water Filtration Plant res iduals and removal to Secure On-Site Services USA in the amount of $174 ,635 .06 for the d isposal of 750 cubic yards of production. COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER YATES SECONDED, TO APPROVE THE PROPOSAL BY THE ALLEN WATER FILTRATION PLANT RESIDUALS AND REMOVAL TO SECURE ON- SITE SERVICES USA IN THE AMOUNT OF $174,635.06 FOR THE DISPOSAL OF 750 CUBIC YARDS OF PRODUCTION. Vote results: Motion carried . Ayes : Council Members Yates , Mccasl in, Wilson , Penn, Jefferson , Olson , Gillit Nays : None Englewood City Council March 3, 2014 Page 6 12 . General Discussion (a) Mayor's Choice (b) Council Members' Choice (i) Council Bill No . 14, an emergency ordinance creating a moratorium on the establishment of any new medical marijuana business which manufactures or cultivates medical marijuana was considered . COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO APPROVE EMERGENCY COUNCIL BILL NO. 14. COUNCIL BILL NO . 14, INTRODUCED BY COUNCIL MEMBER WILSON A BILL FOR AN EMERGENCY ORDINANCE CREATING A MORATORIUM ON THE ESTABLISHMENT OF ANY NEW MEDICAL MARIJUANA BUSINESS WHICH MANUFACTURES OR CULTIVATES MEDICAL MARIJUANA. Vote results: Motion carried . Ayes: Council Members Yates , Mccaslin, Wilson , Gill it Nays : Council Members Penn , Jefferson , Olson 13. City Manager's Report City Manager Sears announced h is retirement from the City effective September 1, 2014 . 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournment MAYOR PENN MOVED TO ADJOURN . The meeting ad j ourned at 9:36 p.m . ...... .. • • •