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Home My WebLink About2012-09-04 (Regular) Meeting MinutesENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session Septomber 4, 2012 A permanent set of these minutes and the audio are maintained in the Ci ty Clerk 's l .f1ce. 1. Call to Order Minutes and streaming audios ar e also available on the web at: hltp :l1www .eng lewoqdgcv .org/lndex .aspx?page=999 Tt.e regula · meeti ng ol the Englewood City Council was called to order by Mayor Penn at 7:45 p.m . 2. Invocation n .e invocation was g,ven by Council Member Mccaslin . 3. Pledge of Allegiance n e Pledge of Alleg iance was led by Council Member Mccaslin . 4 . Roll Call Prese nt: Absent: A quorum was p ,esent Counci l Members Jefferson, Olson , G,llit , Mccaslin, W ilson , Woodward, Penn None Also present· City Man~ger Sears City Altorney Brotzrran Deputy City Manager Flaherty Deputy City Clerk Bush City Clerk Ellis Director While, Commun,ly Oevelopment Uirector Fonda, Ulililies Economic Deve lopme nt Manager Hollingsworth Planner I Kirk, Communily Development Senior Planner Lan gon , Community Develoornent Eng ineer IV Abouaish , Uiilil ies Police Commander Watson Police Serg ea nl Rowl ey Consideration of Minutes of Previous Session (a) COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROV E fliE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 20, 2012. Vote results: Motion carri ed. Ayes : Council Members Jefferson, Mccaslin, Wilson, Penn, Woodward, Olson. Gillil Nays : None 6 Recognition of Scheduled Public Comment Th ere we n~ 110 scht:Uulcd vis1 to1s . Englewood City Council Seplember 4, 2012 Page 2 7. Recognllion of Uns cheduled Public Commenl (a) J P No:lander, an Englewood resident , spoke reg;rding Agenda llern 11 (c) (i ). lhe Park Dedic.>linn Fee in 1.ieu of I ~rel Dectic.~tion and asked lhal it be removed from the Policy . He believes tna l lhe fee is too low and is not for the long te rm. H~ asked lhat they not e thal 1here is nol Fl rr1rk nor1h of Rroadw ay. Policy recommen:falion $20,000.00 is too low, he said, and we shouldn't have generic fees . (b) Doug Cohn, un Englewood reoident, sa id Council did~ good job on lhe !:lg n ordinance . He agreed that the VVater Conservation Plan is a good idea and he gave two lhu fTl':lS up to that Rcgardii,g the Park Dedication Fee ,n lieu of, he said genuine play space or gr een space shou ld be required . (c) Roger Hutchings, an Englewood resident , ::;puke rngardi11y his rrnl ltary service and how li e has a seni,ce cog that has been attacke:l by dangerous dogs in his ne ighborhood . (d) Kathy Neary an Englewood resident (and also Mr . Hulching's w ife), advised th at her husband 's servi ce dog has teen attacked severa ! l imes by pil tulls . They have incurred $2000 00 ,n -nedical bills and Ihey are havinf! trouble with receiving rest,tuhon They a,e asking lor a pit bull oa n as these ore dangerous a rin ,als . They wou ld also like to have the appropriate staff respon d and have the code enforce d. (e) Randy Fgan an Englewnod resident, sa id th e Unihed Developme ,t Code should be enforced Th e $20,000 is not an accur ate amount and th ese fees are not in cl 1r1!'?d m th e tJ Or~ The fee is loo low for lhe metro area, where averages are S-17 ,0 00 .00 -$8 7.000 .00 . He e1couraged Council t.J not pass this resolution as ii is currently written. {f) Matt Dlomstrom, an F.:iglewo:,d res ident, spo¥.e rega rding the Park Dedication Fee in Lieu of and he felt the fee was set to o low and is not a lair market value . The waive r request 1s :co lenient also . (g) Ward Sea,. an Englewood resident , spoke 1eya1din9 the Pa rk Dedication Fee in Lieu of. The fee amount of 520 ,000.00 Is a low fee . Tl1e money will not create space for !he parks . His main interest was the Flood school and !ne lack of a park w ith the new deve lopment there (h) Marilyn Anderson, an Eng lewood re,ident, said she thought th e Chocolate Museum woi,ld definitely be unique II would bring in visilors to the City and it would be an added benefl. The owner r,f the chocolate sto re would consider seili1g the Depcl to the Historical Society to r $1.00 (i) SnphiR SwRw , an Englewood res ident spoke on behalf of herself and her ~asban d. said they support the Chocolate Museurr 't would be good for the child re n. (j) $,ta Egan , an Englewood recidcnt, caid eho co nt an e-mail to Council today re garding lhc feo In lieu of , She disag re es with th e ccnnomic policy and lh c concessions as adding 1,700 resident s to 10 .5 acres are too rnu ch. Please hold off on th e approval of th e resolution and listen to whal we, the citizens , have lo say IOnighl . (k) Pamela Beets, an Englewood res ident, said these issues are too premature . Our parkland should be protected. Have a good plan to r Eng le wood but don 't give It away. If you collect money for oarks. where will the new parks go or oe placed ? Small businesses are the backbone of a healthy community , she said . Have a broad ran ge of dive:sily and not just apartmenl s. Council re sponded 10 Public Comment. 8. Communlcallons, Proclamallons and Appolntmenls (a) considered . A letter from Kailai Higg inson announcing hi s resignaticn from the Election Commis sion was Englewood City Council September 4, 2012 Pago 3 COUNCIL MEMBER WOODWARD MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO ACCEPT THE RESIGNATION FROM KAILEI HIGGINSON FROM THE ELECTION COMMISSION. Vote results: Molion carried . Ayes: Council Members Jefferson, McCaslin, Wilson , Penn, Woodward, Olson , Gillil Nays: None 9. Consent Agenda (a) Approval of Ordinances on Firsl Reading There were no additional items submitted fo r approval on fi rst reading . (See Agenda Item 11 (a).) (b) Approval nf Ord inances on Second Reading There were no additional ilems submitted for approval on second reading . (See Agenda llem 11 (b).) (c) Resolutions and Mo1ions There were no additional resolul1ons or motions su bmil1ed fo r approval . (See Agenda Item 11 (c).) 10 . Public Hearing Items No public hearing was sc heduled oefore Council. 11 . Ordinances, Resolutions and Motions (a) Approval of Ordinances on First Reading ( i) Planner I Kirk presented a recommendation from the Community Development Dei:a11ment lo adopl a Bill tor an Ordinance rezoning the Oxtord Station TOD from Light lndusmal (1-1) to the Plan ned Uni I Development. Staff ful1her recommends lhal Council sel September 17 , 2012 as lhe dale for a Public Heanng t? co ns1aer testimony on lhe proposed rezoning . COUNCIL MEMBER GILLIT MOVED , AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I)· COUNCIL BILL NO . 47 AND TO SET SEPTEMBER 17, 2012 AS THE DATE FDR A PUBLIC HEARING TO CONSIDER TESTIMONY ON THE PROPOSED REZONING. CO UNC IL l:llLL NO . 41, IN 'I RODIJCED BY CO UN CIL MEMBER GILLIT A l:l lLL FOR AN ORDINANC E APPROVING THE OXFORD STATION TOD PLANNED UNIT DEVELOPMENT (PUD}, BY CAPITAL PARTNERS LOC ATED AT OXFORD AVENUE AND SOUTH NAVAJO STREET, IN THE CIIY m ENG LEWOO D, COLORADO. Volo results: Motion carried Ayes: Council Members Jeffe rson. Mccaslin, Wilson , Penn. Woodward, Olson , Gillit Nays · None (ii) Oireclor Fonda inlroduced Vasser Aboualsh, Utilities Engineer IV, who presented a re commendation from the Ulllilies Department lo adopt a Bill for an Ordinance approving l he a:ceptance of a plar.ni ng grant from lhe Colorado Waler Conservation Board for implemen:alion of Englewood 's Waler Conservalion Plan from 2012-202 1. Englewood City Council September 4, 2012 Page 4 COUNCIL MEMBER WOODWARD MOVED, AND cnUNCIL MEMBER McCA~LIN SECONDED, TO APPROVE AGENDA ITEM 11 (a) (II) -COUNCIL BILL NO . 48 . COUNCIi BILL NO 48 , IN rRODUCED BY COUN CI L MEMB ER W OODWARD A BIi.i. FOR AN ORD IN AN CI' AuT l·I OHI ZING fi-'E ACCEPTANCE OF TH E WATER CO NS ER VATION Pl.A NNING GRANT AW ARDFD TO: HE Cl l'Y Or EN GLEWOOJ , COLORA DO BY TH E STATE OF COLO RA DO DEPAIH MENT OF LOC AL ,\F F AIRS Vole r esu lts: Aye s Co uncil Mem be rs Jeff erson , Mc Cas hn . Wilson. Penn, Woodward, Olson, Gill,t Nays None Motion carri ed (b ) App I oval o r Ordinances on Second Reading (1) Co un,11 Bill No 39 authorizing amen dme nl s lo the Cily or Englewood 's Sign Code were r.cn s1de red COUNCIL MEMBER WOODWARD MOVED , AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGENDA I TE M 11 (h ) (I)-ORDINAN CE NO . 47 , SERIES OF 2012 . ORDINANCE N O t.7 , SER IES OF 201 2 (C OU~CIL BILL NO 39 , INTRODUCED BY COUNCIL MEMBER WOODWAR D ) AN ORDI NAN CE AMENDIN G TI TL · 16 , CHAP TE R 6 , SECTION 13 ENTITLED "S IG NS" OF THE EN GLEWOOD MU NI CIP Ai. COD E 7.000 . Vote results: Motion carried Ayes . Counc il Members Jetterson , Mccaslin , W ilso n, Penn , Woodward, Olsoa , Gillit Nays : Noni; (c) He so lu tio ns and Motions (1) Di rec l or W,ilte presented a recommendation lrom th e Com m unity Development Depa rt ment to adopt a rcsotu tioa authorizing a Par k Dedi:atlon Fee In Lieu ot Land DedIca 1Ion Policy . COUNCIL MEMB ER GILLIT MOVED, AND COUNCIL MEMBER WOODWARD SEC ONDED, TO APPROVE AGENDA IT E M 11 (c ) (I)-H ESOLUltON NO. 75, SERIES OF 2012 . RE SO LUTION NU 7~. SERl~S UF ~0 12 A RF SO I U I !U N ADOP TI NG PARK rRAII.S A NU OPE N SP ACE LAND DED IC ATION FEE IN LI EU POLICY FO R THE CIT Y 0~ i:NGL EWUOU , COLORADO Vote rosults : Moti on r:m 11ed Ayes : Co unc,t Me mbers Mccaslin, Wil son, Penn , Wo odward , Gil ilt Nays: Council Members Jefferson, Olson (11) Econom ic D evelopment Manager Hot il ng swo"h presented a re comme nd ation trorn the C ity Manager·• o tt ,ce to aoopt a resolu li o~ authorizing the Eco,1omlc Development Incentive Policy . COUNCIL MEMBER WOODWARD MOVED, ANO COUNCIL MEMBER GILLIT SECONDED , TO APPROVE A GE NDA ITEM 11 (c ) Pl-RESOLUTION NO. 78 , SERIES OF 2012 . Englewood City Council September 4, 2012 Page 5 RESOLUTION NO . 76, SERIES OF 2012 A RESOLUTION ADOPTING "CITY OF ENGLEWOOD EV)NOMIC DEVELOPMENT INCENTIVE POLICY' FOR THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO AMEND AGENDA ITEM 11 (c) (Ii)-RESOLUTION NO. 76, SERIES OF 2012, THE ECONOMIC DEVELOPMENT INCENTIVE POLICY, TO ADD, UNDER TAX INCREMENT FINANCING, THAT THIS COULD POTENTIALLY INCLUDE PROPERTY TAXES . Vote res•Jlts on tho amendment: Molion carried . Ayes : Council Members Jeffe rson , Wilson , Penn , Woodward , Olson , Gilli! Nays : Council Member Mccaslin COUNCIL MEMBER WOODWARD MOVED TO AMEND AGENDA ITEM 11 (c) (II) -RESOLUTION NO. 76, SERIES OF 2012, UNDER REDUCTION IN FEES, THAT IN MEETING THE REQUIREMENTS OF THE ECONOMIC DEVELOPMENT POLICY GOALS, THIS MAY RE EXPANDED AT THE SOLE DISCRETION OF CITY COUNCIL. THERE WAS NO SECOND . COUNCIL MEMBER WOODWARD WITHDREW IHE MOTION. Vote results on motion to approve Resolution No . 76, Serles of 2012 as amended: Motion carried . Ayes . Cosncil Mernbers Jelferson, Mccaslin, Wilson, Penn , Woodward , Olson, Gilli! Nays : None 12 . General Discussion (a) Mayo(s Choic e (b) Counci l Members ' Cnoice 13 . City Manager's Report 14 . C ity Attorney's Report Cit y Attor ney 9rotzman did not ha ve any ma"e rs to bring before Council. 15 . Adjournment MAYOR i'ENN MOVED TO ADJOURN . The meeting adjourned al 9:30 p.m . t.sJ.t<erry ~ Deputy City Clerk