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Home My WebLink About2013-05-20 (Regular) Meeting Minutes• • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session May 20, 2013 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 7:42 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: Council Members Jefferson, Olson , Mccaslin, Wilson , Woodward, Penn Council Member Gillit A quorum was present. Also present: Deputy City Manager Flaherty City Attorney Brotzman City Clerk Ellis Director Gryglewicz, Finance and Administrative Services Victim Assistance Coordinator Wenig Police Commander Englert 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER WOODWARD SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 6, 2013. Vote results: Motion carried . Ayes: Council Members Jefferson, Mccaslin, Wilson , Penn, Woodward, Olson Nays: None Absent: Council Member Gillit 6. Recognition of Scheduled Public Comment (a) Larry Matten from the Englewood Rotary Club presented Council with a check for Englewood Police and Fire Department programs . (b) Rosemarie Cabral and Colleen Mello, representing the Greater Englewood Chamber of Commerce, addressed City Council regarding in-kind services for Chamber-sponsored events . Englewood City Council May 20, 2013 Page 2 7. Recognition of Unscheduled Public Comment There were no unscheduled visitors. 8. Communications, Proclamations and Appointments (a) A Proclamation congratulating Craig Hospital on its expansion was considered . COUNCIL MEMBER WOODWARD MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE A PROCLAMATION CONGRATULATING CRAIG HOSPITAL ON ITS EXPANSION. Vote results: Motion carried. Ayes : Council Members Jefferson, Mccaslin, Wilson, Penn, Woodward, Olson Nays : None Absent: Council Member Gillit (b) An email from James Garnett announcing his resignation from the Keep Englewood Beautiful Commission was considered . COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER WOODWARD SECONDED, TO ACCEPT THE RESIGNATION OF JAMES GARNETT FROM THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION. Vote results: Motion carried. Ayes : Council Members Jefferson, Mccaslin , Wilson , Penn, Woodward, Olson Nays: None Absent: Council Member Gillit 9. Consent Agenda COUNCIL MEMBER WOODWARD MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (i) and 9 (b) (i). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO. 15, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 16, SERIES OF 2013 (COUNCIL BILL NO. 13, INTRODUCED BY COUNCIL MEMBER JEFFERSON) AN ORDINANCE AMENDING TITLE 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000 BY THE ADDITION OF A NEW CHAPTER 14, ESTABLISHING A BUDGET ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . Vote results: Motion carried . Ayes : Council Members Jefferson, Mccaslin, Wilson, Penn, Woodward , Olson Nays : None Absent: Council Member Gillit • • • • • Englewood City Council May 20, 2013 Page 3 (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 There were no additional ordinances on first reading submitted for approval. (See Agenda Item 9 (a).) (b) Approval of Ordinances on Second Reading (i) Council Bill No. 9 --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 as amended to read : Shall the Englewood Municipal Code of the City of Englewood, Colorado ban the retail sale of recreational marijuana , ban recreational marijuana cultivation facilities, ban recreational marijuana manufacturing facilities, and ban recreational marijuana testing facilities; while not restricting personal use and growth of marijuana as allowed under the Colorado Constitution, nor shall it affect Englewood's currently licensed medical marijuana businesses , primary care-givers, patients and Code provisions relating thereto?, was considered . COUNCIL MEMBER WOODWARD MOVED, AND MAYOR PENN SECONDED, TO APPROVE AGENDA ITEM 11 (b) (i) -ORDINANCE NO. 17, SERIES OF 2013. ORDINANCE NO . 17, SERIES OF 2013 (COUNCIL BILL NO . 9, INTRODUCED BY COUNCIL MEMBERS WOODWARD/GILLIT) 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 RECREATIONAL MARIJUANA TESTING FACILITIES . COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO AMEND THE BALLOT QUESTION TO READ "WHILE ALLOWING PERSONAL USE" INSTEAD OF "WHILE NOT RESTRICTING" AND DELETING "AS ALLOWED". Vote results: Ayes : Council Members Mccaslin, Wilson, Penn Nays : Council Members Jefferson, Woodward, Olson Absent: Council Member Gillit Motion defeated . Vote results on motion to approve Agenda Item 11 (b) (i), Ordinance No . 17, Series of 2013: Ayes : Council Members Jefferson, Mccaslin, Wilson, Penn , Woodward , Olson Nays: None Absent: Council Member Gillit • Motion carried. (ii) Council Bill No . 14, authorizing the renewal of Xcel Energy franchise agreement was considered. Englewood City Council May 20, 2013 Page 4 COUNCIL MEMBER WOODWARD MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (b) (ii) -ORDINANCE NO. 18, SERIES OF 2013. ORDINANCE NO . 18 , SERIES OF 2013 (COUNCIL BILL NO . 14 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE GRANTING A GAS AND ELECTRIC FRANCHISE TO PUBLIC SERVICE COMPANY OF COLORADO OBA XCEL ENERGY , A COLORADO CORPORATION, AND ITS SUCCESSORS AND ASSIGNS INCLUDING AFFILIATES OR SUBSIDIARIES BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND PUBLIC SERVICE COMPANY OF COLORADO . Vote results: Motion carried . Ayes : Council Members Jefferson, Mccaslin, Penn , Woodward, Olson Nays : Council Member Wilson Absent: Council Member Gillit (c) Resolutions and Motions (i) Director Gryglewicz presented a recommendation from Finance Department to approve a resolution authorizing a supplemental appropriation for the 2012 budget and transfer between funds . COUNCIL MEMBER OLSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 42, SERIES OF 2013. RESOLUTION NO . 42, SERIES OF 2013 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2012 BUDGET AND TRANSFER BETWEEN FUNDS . Vote results: Motion carried. Ayes : Council Members Jefferson , Mccaslin, Wilson , Penn , Woodward, Olson Nays: None Absent: Council Member Gillit 12 . General Discussion (a) Mayor's Choice (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 8:53 p.m. • • •