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Home My WebLink About2013-12-16 (Regular) Meeting Minutes• • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session December 16, 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.o rg/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 A moment of silence was observed regarding the shooting incident at Arapahoe High School on December 13, 2013. 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, Gillit, Mccaslin , Wilson, Yates , Penn None A quorum was present. Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Black, Parks and Recreation Director White, Community Development Director Kahm, Public Works Traffic Engineer Vostry, Public Works Planner I Kirk, Community Development Senior Planner Stitt, Community Development Senior Planner Neubecker, Community Development Department Assistant Bailey, Community Development Fire Chief Marsh Deputy Chief of Police 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 DECEMBER 2, 2013 . Vote results: Ayes: Council Members Yates, Mccaslin, Wilson, Penn, Jefferson , Gillit Nays: None Englewood City Council December 16, 2013 Page 2 Abstain: Council Member Olson Motion carried . 6. Recognition of Scheduled Public Comment (a) Keep Englewood Beautiful Chair Roger Mattingly, along with Mayor Penn and Council Member Mccaslin, presented the 2013 Holiday Lighting Awards to the recipients. Sapphire Award: The Mr. Clause Award: North Pole Award: Doug Haas The Kloewer's The Miller Family 4536 S. Sherman St. 5041 S. Elati St. 5051 S. Fox St. (b) E. Scott Neff, Englewood High school student and member of the Future Business Leaders of America, addressed Council regarding opportunities for involvement with the City. He said they are looking for donations for those who need help with the membership fees . Future Business Leaders of America (FBLA) hopes to establish business partnerships with and within the City . (c) Colleen Burke, an Englewood resident, addressed Council regarding the recreational marijuana ban. She does not believe that the advisory question should have been on the ballot and she did not feel the wording was confusing. She advocated going forward with recreational marijuana. Ms. Burke believes that the City has been responsible with medical marijuana. She is concerned about the stabilization of the City by turning it into a high rise rental capital in the Midwest. Clarkson Street has constant jaywalkers since being closed down. It is not safe. ,, • (d) Beverly Cummins, an Englewood resident, addressed Council stating that she is tired of being ignored and of the way she is being treated . She said you have to give respect to get respect and that the • Constitution states that all people are created equal. We are not here to serve you, but you are here to serve us. As far as Chick-fil-A, you are messing with my life and my livelihood. I'm afraid that when you take over that much of the block, someone else will ask for the rest of it and ruin our neighborhood. She said we also don 't need more apartments. (e) Elaine Hults, a member of Save Englewood Parks, along with Beverly Cummins, recognized staff for their efforts during a recent pool rescue at the Englewood Recreation Center. They are grateful for the efforts of the staff to save the man's life. Director Black received a certificate and gift in recognition of staff's lifesaving action . 7. Recognition of Unscheduled Public Comment (a) Shaun Hauser, an employee of Sensible Colorado, expressed her concern about how Englewood is not handling retail marijuana . She said Council has ignored the voters and shown clear disregard. There will always be a market for marijuana in Englewood . Do you want to regulate it responsibly? Does Council want to honor the will of the voters? Elected Officials need to sometimes make difficult decisions. She urged Council to take this issue and your roles as elected officials seriously. (b) Linda Hart, an Englewood resident, said regarding the marijuana vote, that she is familiar with the legislative language, but did find the language on the ballot confusing. She stated the way that marijuana is regulated is not the same as alcohol regulations. Ms. Hart appreciates Council taking their time on this. She is against having marijuana in her City. (c) Bill Conkling, a Denver resident, has been in the medical marijuana business for four years and is in compliance with the Medical Marijuana Enforcement Division (MMED) and he knows the inspectors by name. He said we don't deal with the cartels. This is the second time it has been voted in by the citizens in • Englewood. I strongly stress that you pay attention to what the voters said. Council responded to Public Comment. • • • Englewood City Council December 16, 2013 Page 3 8. Communications, Proclamations and Appointments There were no communications, proclamations or appointments . 9 . Consent Agenda (a) Approval of Ordinances on First Reading There were no items submitted for approval on first reading . COUNCIL MEMBER OLSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE CONSENT AGENDA ITEM 9 (b) (i). (b) Approval of Ord i nances on Second Reading (i) ORDINANCE NO. 65 , SERIES OF 2013 (COUNCIL BILL NO . 62, INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AMENDING TITLE 3, CHAPTER 4 , SECTIONS 1, 11(1) AND 17(3), OF THE ENGLEWOOD MUNICIPAL CODE 2000 AMENDING THE NONEMERGENCY EMPLOYEES RETIREMENT BOARD PLAN AND AMENDING AND RESTATING THE EFFECTIVE DATE OF THE PLAN DESCRIBED IN SECTION 3-4-1 TO DECEMBER 1, 2013. Vote results : Motion carried . Ayes : Council Members Yates, Mccaslin, Wilson , Penn, Jefferson , Olson , Gillit Nays : None (c) Resolutions and Motions There were no additional resolut ions or motions submitted for approval. (See Agenda Item 11 (c).) 10 . Public Hearing Items [Clerk 's Note : Agenda Item 10 (a) and 10 (b) were combined into one public hearing .] (a) A Public Hearing to gather input on Council Bill No . 63 , approving the proposed Chick fil -A Speer's Broadway Planned Unit Development. (b) A Public Hearing to gather input on Council Bill No . 64 , Speer's Broadway Addition Filing No. 2, First Amendment Major Subd iv ision . COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 63, APPROVING THE PROPOSED CHICK- FIL-A SPEER'S BROADWAY PLANNED UNIT DEVELOPMENT AND TO GATHER INPUT ON COUNCIL BILL NO. 64, APPROVING THE SPEER'S BROADWAY ADDITION FILING NO. 2, FIRST AMENDMENT MAJOR SUBDIVISION. Vote results: Ayes : Council Members Yates , Mccaslin , Wilson , Penn , Jefferson , Olson , Gillit Nays : None Motion carried and the Public Hearing opened . All test imony was given under oath. Planner 1 Kirk presented background on both Council Bills and the development plans for the site. Englewood City Council December 16, 2013 Page4 Those speaking on behalf of the proposed development included : Zell Cantrell , a ZC3 representative Steve Lewis , a Chick fil-A representative The meeting recessed at 9:26 p.m . : . ,. - The meeting reconvened at 9:36 p.m. with all City Council Members present. Ladd Vostry, City of Englewood Public Works Traffic Engineer Public comment: Chris Diedrich , an Englewood resident, lives close to the site . He said he is here due to a concern for the type of development being put in and not directly against Chick fil-A. He wondered about someth ing similar to the Light Rail Corridor Plan . He believes that people don 't like the used car dea lerships and the big parking lots . Mr. Diedrich doesn 't think it is a good idea to get rid of single family residences in order to put in a big parking lot. He would like to see a th ird party traffic study completed . He would like to see a mixed use development go in. Mr. Diedrich wondered why the decision must be made tonight. COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 63, APPROVING THE PROPOSED CHICK- FIL-A SPEER'S BROADWAY PLANNED UNIT DEVELOPMENT AND TO GATHER INPUT ON COUNCIL BILL NO. 64, APPROVING THE SPEER'S BROADWAY ADDITION FILING NO. 2, FIRST AMENDMENT MAJOR SUBDIVISION. Vote results: Ayes : Council Members Yates, Mccaslin , Wilson , Penn , Jefferson, 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 . 63 , approving the proposed Ch ick-fil -A Speer's Broadway Planned Un it Development was considered . COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (b) (i)-ORDINANCE NO. 66, SERIES OF 2013. ORDINANCE NO . 66 , SERIES OF 2013 (COUNCIL BILL NO . 63, INTRODUCED BY COUNCIL MEMBER WILSON) AN ORDINANCE APPROVING THE REZONING OF 3085 SOUTH BROADWAY AND 3066-3090 SOUTH ACOMA STREET FROM A MU-B-2 AND MU-R-3-A ZONE DISTRICTS TO A PLANNED UNIT DEVELOPMENT (PUD). • • COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO CONTINUE • THE SECOND READING SO IT OCCURS AT THE NEXT MEETING OF JANUARY 6, 2014 . . \) ' . • • • Englewood City Council December 16, 2013 Page 5 Vote results: Ayes: Council Members Jefferson, Olson Nays : Council Members Yates , Mccaslin, Wilson, Penn, Gillit Motion defeated. Vote results on original motion to approve Ordinance No. 66, Series of 2013: Motion carried. Ayes : Council Members Yates, Mccaslin, Wilson , Penn, Olson, Gillit Nays : Council Member Jefferson (ii) Council Bill No . 64, approv ing the Speer's Broadway Addition Filing No . 2, First Amendment Major Subdivision was considered . COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO APPROVE AGENDA ITEM 11 (b) (ii) -ORDINANCE NO. 67, SERIES OF 2013. ORDINANCE NO . 67, SERIES OF 2013 (COUNCIL BILL NO . 64, INTRODUCED BY COUNCIL MEMBER WILSON) AN ORDINANCE APPROVING THE SPEER'S BROADWAY ADDITION FILING NO. 2, FIRST AMENDMENT , MAJOR SUBDIVISION LOCATED AT 3085 SOUTH BROADWAY AND 3066-3090 SOUTH ACOMA STREET IN THE CITY OF ENGLEWOOD, COLORADO . Vote results: Motion carried . Ayes : Nays: Council Members Yates, Mccaslin, Wilson , Penn, Olson, Gillit Council Member Jefferson (c) Resolutions and Motions (i) Senior Planner St itt presented a recommendation from the Community Development Department to approve, by motion, authorization for the Housing Rehabilitation Fund to commence eviction proceedings on the property located at 3685 South Fox Street. COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -AUTHORIZATION FOR THE HOUSING REHABILITATION FUND TO COMMENCE EVICTION PROCEEDINGS ON THE PROPERTY LOCATED AT 3685 SOUTH FOX STREET. 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 (i) A Resolution approving the City of Englewood's "Aid to Other Agencies" contributions for 2014 was considered . MAYOR PENN MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO APPROVE AGENDA ITEM 12 (b) (i)-RESOLUTION NO. 77, SERIES OF 2013, LESS THE IN-KIND CONTRIBUTION FOR THE CHAMBER. Englewood City Council December 16, 2013 Page 6 RESOLUTION NO , 77, SERIES OF 2013 A RESOLUTION SPECIFYING AID TO OTHER AGENCIES FOR 2014 BY THE CITY OF ENGLEWOOD, COLORADO. Vote results: Ayes : Council Members Yates, Mccaslin, Wilson, Penn, Jefferson, Olson, Gillit Nays: None Motion carried . 13. City Manager's Report 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournment The meeting adjourned at 10 :27 p.m. . ' • • •