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Home My WebLink About2014-04-07 (Regular) Meeting Minutes• • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session April 7, 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 :34 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 Treatment Division Manager Tallent, Wastewater Treatment Plant Engineer IV Brennan, Utilities Deputy Director Henderson, Public Works Senior Planner Neubecker, Community Development Parks Supervisor Barton, Parks and Recreation Fleet Manager White, Public Works Police Commander Englert 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MARCH 17, 2014. Vote results: Motion carried . Ayes : Nays: Council Members Yates, Mccaslin, Wilson, Penn, Jefferson, Olson, Gillit None 6 . Recognition of Scheduled Public Comment Englewood City Council April 7, 2014 Page 2 (a) Three students from the University of Colorado performed "Public Notices" in conjunction with their ongoing collaboration with the M12 Collective and the Museum of Outdoor Arts exploring alternative educational practices and citizenship . 7. Recognition of Unscheduled Public Comment (a) Jackie Edwards, an Englewood resident, discussed the moratorium on medical marijuana . She felt it was a bad idea to disrupt the flow by placing a moratorium . We have the space and the willingness of the landlords to rent to applicants. Restriction on needs and desires are not necessary as they are already present. Odors are subjective and depend upon the people . (b) Elaine Hults, an Englewood resident, discussed liens on property and how they have accumulated . She thinks they should have been released immediately. If they are in the budget, then it should be revised. She is confused about the funds remaining from the South Englewood Business Improvement District. She feels it should go back to the people who paid for it. Ms . Hults is confused about the possibility of a tax increase . She wished we had a better acoustical system . She would like more information regarding her questions. Council responded to Public Comment. 8. Communications, Proclamations and Appointments (a) A proclamation declaring April 18, 2014 as Arbor Day was considered. COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO APPROVE THE PROCLAMATION DECLARING APRIL 18, 2014 AS ARBOR DAY. Vote results: Motion carried . Ayes : Council Members Yates, Mccaslin, Wilson, Penn, Jefferson, Olson, Gillit Nays : None Parks Supervisor Jerry Barton accepted the proclamation . 9. Consent Agenda COUNCIL MEMBER OLSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (i), (ii), 9 (b) (i), (ii), (iii), (iv), AND 9 (c) (i). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO. 20, INTRODUCED BY COUNCIL MEMBER OLSON A BILL FOR AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO PARTICIPATE IN THE SOUTH PLATTE WATER RELATED ACTIVITES PROGRAM, INC . (SPWRAP) WITH THE DEPARTMENT OF THE INTERIOR TO IMPROVE THE HABITAT BY PROVIDING MORE WATER IN THE CRITICAL AREA ALONG THE PLATTE RIVER IN NEBRASKA AND PROVIDE COMPLIANCE WITH THE ENDANGERED SPECIES ACT . (ii) COUNCIL BILL NO. 21 , INTRODUCED BY COUNCIL MEMBER OLSON • • A BILL FOR AN ORDINANCE AUTHORIZING A FARM LEASE FOR THE FARM IN THE • LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT BIOSOLIDS MANAGEMENT PROGRAM. (b) Approval of Ordinances on Second Reading • • • Englewood City Council April 7, 2014 Page 3 (i) ORDINANCE NO . 14 , SERIES OF 2014 (COUNCIL BILL NO. 15, INTRODUCED BY COUNCIL MEMBER OLSON) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "MEMORANDUM OF UNDERSTANDING" BETWEEN THE UNITED STATES SECRET SERVICE AND THE CITY OF ENGLEWOOD , COLORADO PERTAINING TO COLORADO ELECTRONIC CRIMES TASK FORCE. (ii) ORDINANCE NO . 15 , SERIES OF 2014 (COUNCIL BILL NO . 16 , INTRODUCED BY COUNCIL MEMBER OLSON) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT AND HOMELAND SECURITY INVESTIGATIONS AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO IMMIGRATION AND CUSTOMS ENFORCEMENT. (iii) ORDINANCE NO . 16 , SERIES OF 2014 (COUNCIL BILL NO. 17 , INTRODUCED BY COUNCIL MEMBER OLSON) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT REGARDING THE APPLICATION FOR AND ACCEPTANCE OF AN URBAN AREAS SECURITY INITIATIVE (UASl)/NORTH CENTRAL ALL-HAZARDS EMERGENCY MANAGEMENT REGION (NCR) PROGRAM GRANT. (iv) ORDINANCE NO . 17 , SERIES OF 2014 (COUNCIL BILL NO. 18 , INTRODUCED BY COUNCIL MEMBER OLSON) AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF COLORADO INTERNET CRIMES AGAINST CHILDREN TASK FORCE GRANT AWARD BETWEEN THE CITY OF COLORADO SPRINGS AND MEMBER PARTIES INCLUDING THE CITY OF ENGLEWOOD, COLORADO. (c) Resolutions and Motions (i) PROFESSIONAL SERVICES AGREEMENT WITH SEE ARCHITECTURE, LLC . FOR DESIGN OF A VEHICLE WASH AND FLUID DISTRIBUTION STATION . Vote results: Motion carried . Ayes : Council Members Yates , Mccaslin, Wilson , Penn , Jefferson , Olson , Gillit Nays: None 10 . Public Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Resolutions and Motions (a) Approval of Ordinances on First Reading (i) Sen ior Planner Neubecker presented a recommendation from the Community Development Department to adopt a bill for an ordinance amending sections of Title 16 of the Englewood Municipal Code pertaining to non -conforming structures. Staff further recommends that Council set a Public Hearing for April 21 , 2014 to gather public input on the proposed amendments . COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM N0.11 (a) (i)-COUNCIL BILL NO. 22 AND TO SET A PUBLIC HEARING DATE OF APRIL 21, 2014 TO GATHER PUBLIC INPUT ON THE PROPOSED AMENDMENTS. Englewood City Council April 7, 2014 Page4 COUNCIL BILL NO. 22 , INTRODUCED BY COUNCIL MEMBER GILLIT A BIL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 2, SECTION 2 AND CHAPTER 9, SECTION 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO NONCONFORMING STRUCTURES. 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 . 14, as amended, an emergency ordinance creating a moratorium on the establishment of any new medical marijuana businesses that sell, manufacture, or cultivate medical marijuana. was considered. COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM N0.11 (b) (i)-ORDINANCE NO. 18, SERIES OF 2014. ORDINANCE NO. 18, SERIES OF 2014 (COUNCIL BILL NO . 14, INTRODUCED BY COUNCIL MEMBER WILSON) AN EMERGENCY ORDINANCE CREATING A MORATORIUM ON THE ESTABLISHMENT OF ANY NEW MEDICAL MARIJUANA BUSINESS WHICH SELLS, MANUFACTURES OR CULTIVATES MEDICAL MARIJUANA. Vote results: Ayes: Council Members Mccaslin, Wilson, Olson, Gillit Nays: Council Members Yates, Penn, Jefferson Motion carried . (c) Resolutions and Motions (i) Director Gryglewicz presented a recommendation from the Finance and Administrative Services Department to approve a resolution for a year-end supplemental appropriation to the 2013 Budget. COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGENDA ITEM NO. 11 (c) (i) -RESOLUTION NO. 39, SERIES OF 2014. RESOLUTION NO. 39, SERIES OF 2014 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2013 BUDGET AND TRANSFER BETWEEN FUNDS. Vote results: Motion carried . Ayes: Council Members Yates, Mccaslin, Wilson, Penn, Jefferson, Olson, Gillit Nays: None (ii) Director Fonda and Manager White presented a recommendation from the Utilities • • Department to approve, by motion, the purchase of a combination unit jet cleaning/vacuuming machine (Vactor • truck). Staff recommends awarding the bid to the lowest acceptable bidder, Williams Equipment Co., in the amount of $278,700 .00 . • • Englewood City Council April 7, 2014 Page 5 COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGENDA ITEM N0.11 (c) (ii)-THE PURCHASE OF A COMBINATION UNIT JET CLEANINGNACUUMING MACHINE (VACTOR TRUCK), FROM WILLIAMS EQUIPMENT CO., IN THE AMOUNT OF $278,700.00. Vote results: Motion carried. Ayes: Council Members Yates, Mccaslin, Wilson, Penn, Jefferson, Olson , Gillit Nays : None (iii) Director of Utilities Fonda and Utilities Engineer IV Brennan presented a recommendation from the Utilities Department to approve, by motion, a construction contract to repair the roof slabs on the two three million gallon covered water reservoirs on South Clarkson Street and Sunset Ridge . Staff recommends awarding the contract to the lowest acceptable bidder, Moltz Construction, Inc ., in the amount of $1, 188,500.00. COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO APPROVE AGENDA ITEM NO. 11 (c) (iii) -A CONSTRUCTION CONTRACT WITH MOLTZ CONSTRUCTION, INC. TO REPAIR THE ROOF SLABS ON THE TWO THREE MILLION GALLON COVERED WATER RESERVOIRS ON SOUTH CLARKSON AND SUNSET RIDGE, IN THE AMOUNT OF $1,188,500.00. 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 13. City Manager's Report City Manager Sears did not have any matters to bring before Council. 14. City Attorney's Report MAYOR PENN MOVED, AND COUNCIL MEMBER YATES SECONDED, TO APPROVE A MOTION TO SETTLE ZASADA VS. THE CITY OF ENGLEWOOD AND KELLY MARTIN, IN THE AMOUNT OF $45,000.00. Vote results: Motion carried. Ayes : Council Members Yates, Mccaslin, Wilson, Penn , Jefferson, Olson, Gillit Nays : None 15. Adjournment The meeting adjourned at 8 :25 p.m .