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Home My WebLink About2013-04-15 (Regular) Meeting Minutes.. J I.. • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNT.Y, COLORADO Regular Session April 15, 2013 A permanent set of these minutes and the aud io are maintained in the City C lerk'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 :30 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, Woodward, Penn None Absent: A quorum was present. Also present: C ity Manager Sears C ity Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City C lerk Bush Director Wh ite , Community Development Director Black, Parks and Recreation Senior Planner Stitt, Community Development Housing Finance Specialist Grimmett, Community Development Economic Development Manager Hollingsworth , Commun ity Deve lopmenUCity Manager 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 APRIL 1, 2013. Vote results: Motion carried . Ayes : Council Members Jefferson , Mccaslin , Wilson , Pen n, Woodward , Olson, Gillit Nays: None • 6. Recognition of Scheduled Public Comment (a) Jonathan Bush , Managing Partner --Littleton Capital Partners, was not present to discuss the resolutions before Council. Englewood City Council April 15, 2013 Page 2 (b) Lee Novak, Vice President for Development --Western Region, Fore Property Company, was not present to discuss the resolutions before Council. J (c) Patty Brisbois, an Englewood resident , addressed City Council regarding zoning concerns. The issue discussed is the 2800 block of South Broadway, an auto dealership (5280 Auto Imports) is doing work at the edge of the alley. She believes this violates the noise ordinance, but also that the noise ordinance is very vague . This noise disturbs the quality of life. She is working with the Police Impact Team on this problem . * * * * * [Clerk's Note: Mr. Novak and Mr. Bush entered late into the meeting and spoke after Ms . Brisbois .] (b) Lee Novak, Vice President for Development --Western Region, Fore Property Company , discussed resolutions before Council. They are looking forward to working with the City of Englewood. They have made arrangements with Littleton Capital Partners to take over the project, with the City's approval for the transfer. (a) Jonathan Bush, Managing Partner --Littleton Capital Partners, discussed the resolutions before Council. He believes that they have developed a good site and that the arrangements with Fore Property Company are good . They are excited with them stepping into their shoes . They should be good for Englewood . He doesn't believe the incentive package will change much . He is sorry to be stepping away and thanked staff and Council for their support. He hopes to have another project with the City in the future . 7 . Recognition of Unscheduled Public Comment There were no unscheduled visitors . 8 . Communications, Proclamations and Appointments There were no communications, proclamations, or appointments . 9. Consent Agenda (a) Approval of Ordinances on First Reading COUNCIL MEMBER WOODWARD MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (i), (ii) and 9 (b) (i), (ii), (iii). (i) COUNCIL BILL NO. 11, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "DELEGATION AND PARTICIPATION AGREEMENT" BETWEEN THE CITY OF ENGLEWOOD AND CITY AND COUNTY OF DENVER FOR ENGLEWOOD'S PARTICIPATION IN THE METRO MORTGAGE ASSISTANCE PLUS PROGRAM. (ii) COUNCIL BILL NO . 12, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1 FOR A PARTNERSHIP ON GYMNASIUMS LOCATED AT THE NEW COLORADO'S FINEST ALTERNATIVE HIGH SCHOOL. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 9, SERIES OF 2013 (COUNCIL BILL NO. 5, INTRODUCED BY COUNCIL MEMBER WOODWARD) • • • • l. Englewood City Council April 15, 2013 Page 3 AN ORDINANCE APPROVING SUPPLEMENT NO. 169 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES . (ii) ORDINANCE NO. 10, SERIES OF 2013 (COUNCIL BILL NO. 6, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL WASTEWATER CONNECTOR'S AGREEMENT FOR DISTRICTS BETWEEN VALLEY SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. (iii) ORDINANCE NO . 11, SERIES OF 2013 (COUNCIL BILL NO . 7, INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AMENDING TITLE 7, CHAPTER 6D, OF THE ENGLEWOOD MUNICIPAL CODE 2000, RELATING TO THE POSSESSION, USE OR CONSUMPTION OF RECREATIONAL MARIJUANA AND DRUG PARAPHERNALIA. Vote results: Motion carried . Ayes : Council Members Jefferson , Mccaslin, Wilson, Penn, Woodward , Olson, Gillit Nays: None (c) Resolutions and Motions • There were no additional resolutions or motions submitted for approval. (See Agenda Item 11 (c).) • 10 . Public Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Resolutions and Motions (a) Approval of Ordinances on First Reading (i) Senior Planner Stitt and Housing Finance Specialist Grimmett presented a recommendation from the Community Development Department to approve a bill for an ordinance authorizing the redemption and sale of 4896 South Delaware Street. COUNCIL MEMBER WOODWARD MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 10. COUNCIL BILL NO . 10, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING THE REDEMPTION AND SALE OF PROPERTY ACQUIRED THROUGH THE HOUSING REHABILITATION PROGRAM LOCATED AT 4896 SOUTH DELAWARE IN THE CITY OF ENGLEWOOD, COLORADO . Vote results: Motion carried . Ayes : Council Members Jefferson, Mccaslin, Wilson, Penn, Woodward, Olson, Gillit Nays : None (b) Approval of Ordinances on Second Reading Englewood City Council April 15, 2013 Page4 There were no additional items submitted for approval on second reading . (See Agenda Item 9 (b) -Consent Agenda .) (c) Resolutions and Motions (i) Economic Development Manager Hollingsworth presented a recommendation from the City Manager's Office to adopt a resolution authorizing the City of Englewood to enter into an agreement with the developers for the Martin Plastics Property , dba LCP Oxford, LLC and its management entities . COUNCIL MEMBER WOODWARD MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i)-RESOLUTION NO. 38, SERIES OF 2013. RESOLUTION NO . 38, SERIES OF 2013 A RESOLUTION APPROVING A REDEVELOPMENT ASSISTANCE AGREEMENT WITH LCP OXFORD, LLC, FOR THE REDEVELOPMENT OF 1366 WEST OXFORD AVENUE IN ENGLEWOOD, COLORADO. Vote results: Motion carried . Ayes : Council Members Jefferson, Mccaslin, Wilson, Penn, Woodward, Olson, Gillit Nays: None (ii) Economic Development Manager Hollingsworth presented a recommendation from the City Manager's Office to adopt a resolution authorizing the transfer of the redevelopment assistance agreement from LCP Oxford, LLC and its management entities to CANV NC, LLC (Fore Properties). COUNCIL MEMBER WOODWARD MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) -RESOLUTION NO. 39, SERIES OF 2013. RESOLUTION NO. 39, SERIES OF 2013 A RESOLUTION APPROVING THE ASSIGNMENT OF THE LCP OXFORD, LLC REDEVELOPMENT ASSISTANCE AGREEMENT TO CANV NC, LLC, AN AFFILIATE OF FORE PROPERTY COMPANY. Vote results: Motion carried . Ayes: Council Members Jefferson, Mccaslin, Wilson, Penn , Woodward, Olson, Gillit Nays: None (iii) Economic Development Manager Hollingsworth presented a recommendation from the City Manager's Office to adopt a resolution amending the agreement with Hampden Broadway, LLC for the City to provide assistance to support redevelopment of the former Flood Middle School site . COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii) -RESOLUTION NO. 40, SERIES OF 2013. RESOLUTION NO . 40, SERIES OF 2013 A RESOLUTION APPROVING AMENDMENT NO . 1 TO THE REDEVELOPMENT ASSISTANCE AGREEMENT WITH HAMPDEN BROADWAY, LLC, FOR THE REDEVELOPMENT OF 3695 SOUTH LINCOLN STREET IN ENGLEWOOD, COLORADO. Vote results: Motion carried. Ayes : Council Members Mccaslin, Wilson, Penn, Woodward, Olson, Gillit Nays : Council Member Jefferson • • • ·' • Englewood City Council April 15, 2013 Page 5 12 . General Discussion (a) Mayor's Choice (b) Council Members' Choice (i) Council Bill No . 9 , a bill for an ordinance submitting to a vote of the registered electors of the City of Englewood at the next scheduled municipal election of November 5 , 2013 , an advisory question to ban the retail sale of recreational marijuana, ban recreational marijuana cultivation facilities , ban recreational marijuana manufacturing facilities, and ban recreat ional marijuana testing fac ilities was considered . COUNCIL MEMBER WOODWARD MOVED, AND MAYOR PENN SECONDED, TO APPROVE COUNCIL BILL NO . 9. COUNCIL BILL NO . 9 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION OF NOVEMBER 5, 2013 , AN ADVISORY QUESTION TO BAN THE RETAIL SALE OF RECREATIONAL MARIJUANA, BAN RECREATIONAL MARIJUANA CU LTIVATION FACILITIES , BAN RECREATIONAL MARIJUANA MANUFACTURING FACILITIES , AND BAN RECREATIONAL MARIJUANA TESTING FACILITIES . Vote results: Ayes : Council Members Jefferson, Penn , Woodward , Olson • Nays : Council Members Mccasl in , Wilson , G ill it Motion carried . • (ii) Council Bill No . 8, a bill for an ordinance enacting T itle 7, Chapter 6D , Section 12 , of the Englewood Municipal Code 2000 , defining recreational marijuana cultivation facilities, recreational product manufacturing facilit ies , recreationa l marijuana testing facilit ies , recreational retail marijuana stores ; and prohibiting these businesses was considered . This item was tabled April 1, 2013 . This requires a majority vote to remove from the table . COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE COUNCIL BILL NO. 8. COUNCIL BILL NO . 8 , INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE ENACTING TITLE 7, CHAPTER 6D , SECTION 12 , SUBSECTION 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000 , DEFINING RECREATIONAL MARIJUANA CULTIVATION FACILITIES , RECREATIONAL MARIJUANA PRODUCT MANUFACTURING FACILITIES , RECREATIONAL MARIJUANA TESTING FACILITIES , RECREATIONAL RETAIL MARIJUANA STORES ; AND PROHIBITING THESE BUSINESSES . Vote results: Motion carried . Ayes : Council Membe rs Mccaslin , Wilson , Penn , Olson, Gillit Nays : Council Members Jefferson , Woodward (iii) A Resolution extending the temporary suspension or moratorium on the establishment of any new business that sells , manufactures, or cultivates marijuana was considered . COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO PULL ITEM 12 (b) (iii) FROM THE AGENDA. Englewood City Council April 15, 2013 Page 6 A RESOLUTION EXTENDING A TEMPORARY SUSPENSION OR MORATORIUM ON THE ESTABLISHMENT OF ANY NEW BUSINESS WHICH SELLS, MANUFACTURES OR CULTIVATES MARIJUANA UNTIL JANUARY 31, 2014 . Vote results: Motion carried . Ayes: Council Members Jefferson, Mccaslin , Wilson, Penn, Woodward, Olson, Gillit Nays: None 13. City Manager's Report 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. 15 . Adjournment MAYOR PENN MOVED TO ADJOURN. The meeting adjourned at 8:38 p.m . .. • • •