Loading...
HomeMy WebLinkAbout2013-03-18 (Regular) Meeting Minutes• • • . . ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session March 18, 2013 A permanent set of these m inutes 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 7:41 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: Absent: A quorum was present. Council Members Jefferson , Olson , Gillit, Mccaslin , Wilson , Woodward, 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 Planner II Bell , Community Development Deputy Pol ice Chief Sanchez 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 4, 2013. Vote results: Motion carried . Ayes : Council Members Jefferson , Mccaslin, Wilson, Penn , Woodward, Olson, Gillit Nays : None 6. Recognition of Scheduled Public Comment (a) Marty Murphy from the Englewood Elks Lodge was scheduled to recognize Mayor Pro Tern Jim Woodward as Englewood Elks' Citizen of the Year. She was not present. (b) Justin Motzer, an Englewood resident , was scheduled to d iscuss concerns related to the Lincoln Terrace Apartments . He was not present. Englewood City Council March 18, 2013 Page 2 (c) Adam Clark, an Englewood resident, proposed a disposable bag fee initiative. (d) Virginie d 'Andrimont was scheduled to discuss her Medical Marijuana Optional Premises Cultivation sites. She was not present. 7. Recognition of Unscheduled Public Comment (a) Paul Skizinski, an Englewood resident, spoke regarding the Englewood Request For Proposal for the Englewood Depot. He asks that their proposal be given serious consideration . Mr. Skizinski believes that their proposal is the only one that will honor the Englewood history and bring revenue to the City. (b) Bev Palmer, an Englewood resident, spoke in favor of the Englewood Historical Preservation Society proposal. She hopes to keep the history here. She thanked Jim Woodward for his speech given to the Society. (c) Ida May Nicholl , an Englewood resident, asked City Council to save the Englewood Train Depot. She is a member of the Englewood Historical Society and wants to know , from Council , what will happen to the many items donated for the Depot. Ms. Nicholl has had several people ask about saving the Depot. What will be left for the citizens' heritage and legacy if the Depot is sold? (d) Beverly Cummins , an Englewood resident, said the Society is waiting for Council to give them the title to the Depot. They hope to receive a grant and funding for it. The Society can receive funds not available to the City , so she hopes to take the Depot off of the City 's hands. Generations to come will be grateful. (e) Paul Webster, owner of The Brew on Broadway (The BOB), said thank you to Council. He believes that his place will be a good business for the local community. He hopes to open in a couple of weeks, by or on May 4 , 2013 . (f) Marilyn Anderson , an Englewood resident , said thank you for the education for what Council does and for the Englewood Historical Society. (g) Linda Orlovski, an Englewood resident, spoke in favor of the Historical Society's proposal. Council responded to Public Comment. 8 . Communications, Proclamations and Appointments (a) A Proclamation in support of Earth Hour 2013 : Saturday , March 23rd from 8:30 p.m. to 9:30 p.m . was considered . COUNCIL MEMBER WOODWARD MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO APPROVE A PROCLAMATION IN SUPPORT OF EARTH HOUR 2013: SATURDAY, MARCH 23rd FROM 8:30 P.M. TO 9:30 P.M. Vote results: Motion carried. Ayes: Council Members Jefferson, Mccaslin, Wilson, Penn, Woodward , Olson, Gillit Nays : None 9 . Consent Agenda (a) Approval of Ordinances on First Reading There were no items submitted for approval on first reading . ~ . • • • ' - • • • Englewood City Council March 18, 2013 Page 3 (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (See Agenda Item 11 (b).) (c) Resolutions and Motions There were no resolutions or motions submitted for approval. 10 . Public Hearing Items (a) COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO OPEN THE PUBLIC HEARING TO REVIEW AND DETERMINE SUFFICIENCY OF THE PETITION REQUESTING DISSOLUTION OF THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT. Vote results: Ayes: Council Members Jefferson, Mccaslin, Wilson, Penn, Woodward, Olson, Gillit Nays : None Motion carried and the Public Hearing opened . City Clerk Ellis stated the Petition was filed with the City Clerk's Office on February 4 , 2013 , the Notice of Public Hearing was published on the City of Englewood's official website from February 13 through March 18, 2013, the Notice of Public Hearing was published in the Englewood Herald on February 22 , 2013 and the Notice of Public Hearing was mailed out February 20, 2013, by first class mail, to each property owner within the service area and boundaries of the district. All test imony was given under oath . Director Gryglewicz explained the spreadsheet calculations . Attorney Larry Berkowitz, representing the Business Improvement District, spoke to the challenges to sufficiency and genuineness. He stated that members of the BID Board were not properly notified of the petition process and didn't believe that they have had enough time to properly prepare a defense prior to tonight's meeting . Brian Hart, owner of Frame de Art, read a letter from Bob Laughlin, President of the South Englewood Business Improvement District, who was unable to be here tonight due to illness. It expressed the disappointment in how the dissolution was presented . He would like to have a continuance until after June 15 in order to have signatures removed for those people who would like to remove their signature . Mr. Berkowitz presented that the Board would like the hearing to be continued until after June 15 due to confusion of the signatures and to allow the BID members time to put together a defense . Ms . Dominique Cook, petitioner, spoke from the audience protesting this process and the allowance of the hearing continuation . COUNCIL MEMBER OLSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO CONTINUE THE PUBLIC HEARING, TO REVIEW AND DETERMINE SUFFICIENCY OF THE PETITION REQUESTING DISSOLUTION OF THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT, TO THE JUNE 17, 2013 REGULAR CITY COUNCIL MEETING. Vote results: Ayes : Council Members Mccaslin, Wilson , Penn , Woodward , Olson Nays : Council Members Jefferson , Gillit Motion carried and the Public Hearing will be continued to June 17, 2013 . Englewood City Council March 18, 2013 Page 4 (b) COUNCIL MEMBER WOODWARD MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 3, AUTHORIZING AMENDMENTS TO TITLE 16 OF THE ENGLEWOOD MUNICIPAL CODE (UNIFIED DEVELOPMENT CODE) REGARDING FLOODPLAIN REGULATIONS. Vote results: Ayes: Council Members Jefferson, Mccaslin, Wilson, Penn, Woodward, Olson, Gillit Nays: None Motion carried and the Public Hearing opened. All testimony was given under oath . Planner II Bell presented background information regarding the amendments to Title 16 of the Englewood Municipal Code (Unified Development Code) regarding the Floodplain regulations . There was no one present to address Council regarding Council Bill No. 3. COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 3, AUTHORIZING AMENDMENTS TO TITLE 16 OF THE ENGLEWOOD MUNICIPAL CODE (UNIFIED DEVELOPMENT CODE) REGARDING FLOODPLAIN REGULATIONS. Vote results: Ayes : Council Members Jefferson, Mccaslin, Wilson, Penn, Woodward, 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 items submitted for approval on first reading. (b) Approval of Ordinances on Second Reading (i) Council Bill No . 2 -(as amended) approving a lease of a portion of City-owned property located at 3449 S. Broadway was considered . COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGENDA ITEM 11 (b) (i) -ORDINANCE NO. 6, SERIES OF 2013. ORDINANCE NO. 6, SERIES OF 2013 (COUNCIL BILL NO . 2, INTRODUCED BY COUNCIL MEMBER WILSON) AN ORDINANCE AUTHORIZING A LEASE WITH PAUL WEBSTER, SUZANNE ODIORNE-WEBSTER, MATHEW WEBSTER AND CHARLES HOUCK FOR USE OF THE REAL PROPERTY LOCATED AT 3449 SOUTH BROADWAY AS OUTDOOR SEATING FOR "THE BREW ON BROADWAY". Vote results: Motion carried. Ayes : Council Members Jefferson, Mccaslin, Wilson, Penn, Woodward, Olson, Gillit Nays: None (ii) Council Bill No. 4 -cleaning up certain errors and omissions in the Englewood Municipal Code 2000 by amending Titles 12 and 16 was considered. -' • • • , ~ • • • Englewood City Council March 18, 2013 Page 5 COUNCIL MEMBER WOODWARD MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGENDA ITEM 11 (b) (ii) -ORDINANCE NO. 7, SERIES OF 2013. ORDINANCE NO. 7, SERIES OF 2013 (COUNCIL BILL NO . 4, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE CLEANING UP CERTAIN ERRORS AND OMISSIONS IN THE ENGLEWOOD MUNICIPAL CODE 2000 BY AMENDING TITLES 12 AND 16 . Vote results: Motion carried. Ayes: Council Members Jefferson, Mccaslin, Wilson, Penn, Woodward, Olson, Gillit Nays : None (c) Resolutions and Motions There were no resolutions or motions submitted for approval. 12. General Discussion (a) Mayor's Choice (i) Mayor Pro Tern Woodward was recognized for his National League of Cities Leadership Training Institute accomplishments by the Mayor and all Council Members . (b) Council Members' Choice 13. City Manager's Report 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 adjourned at 9:29 p.m .