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Home My WebLink About2012-11-19 (Regular) Meeting MinutesENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session November 19, 2012 A permanent set of these minutes and the audio are maintained in the City Clerk's Office . t . Call to Order Minutes and streaming audios are also available on the web at : http://wv.w.englewoodgov.org/lndex .aspx?page=99 9 The regular meeting of the Englewood City Council was called to order by Mayor Penn at 7:36 p.m . 2. Invocation The invocatior. was given by Council Member Mccaslin . 3. Pledge of Allegiance The Pledr;e of Allegiance was led by Council Member M _;;aslin. 4. Roll Call Present: Council Members Jefferson, Olson , Gillit. Mccaslin. Wilson , Woodward , Penn Absent: None A quoru m was present. Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Gryg lewicz , Fi nance and Administrative Services Director White, Community Developmo,nt Directo r Fonda , Utilities Engineering/Capital Projects Administrator Henderson. Public Works Communications Coordinator Hoffhines , City Mana g":!r's Offi c~ Traffic Engineer Vestry . Public Works f'lanner ti Bell . Community Development Ernargency Management Coordinator Green. Fire c:ire Batallion Chiel Ertle Manager 01 Adm in istralion Bock, Utililies Deputy Police Chief Sanchez 5. Consideration of Minutes of Previous Session (a ) COUNCIL MEMBER WILSON MOVED, ANO COUNCIi . MEMBER GILLtl SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEi:TING OF NOVEMBER 5, 2012. Vote results: Mo tion ca rried . Ayes: Council Memoers Jefferson . McCaslir,, Wilson, Penn. Woodward, Ole.on. Gillit Nays · None Englewood City Council November 19, 2012 Page 2 6. Recognition of Scheduled Public Comment (rl) Council recogni:;oed t!'q. 2013 Eno 'ewoo d Calendar Artists. Co mmunications Coordinator Hoffhines, Mayor Penn , and Co unc il Memb~rs \Nil5o n and .!1~ffe rson 1n1rod ucer1 and prP.SA '11 Art :'!rtc h child with a fra med and matted co py or their artwork and tic"ets 10 an ttpcoming Er.glewood Arts ConcBrt . (i) Ky ra Roqu emore, a 911' Grader 91 C otoradi:,'s Finest Alternalive H igh School ti •; D iego Rios-Pin eda , a 41 ,, Gradr::r al Clayton Elementary School {1i1 ) Jamie Valdez, an 11°1 Grader at Coklrado's F inest Allematlve High Schoo l ; ,., , lrae Mautoaba si, a Kindergartner at Cla yton El ementary School (v) T ess Broy, a 0th Gra der at East High School (v i) Cesar Aguilar-Mnralcs, a 4th Grader at Clayton Elementary School (v ii) Isa ac Me drano, a 4'" Crader at Cla yton Elemcntu ry Schoo l (viii) Alexan der LaCou nt, a .e 1 h Grader at Clay1on Elementary Sc hoo l (i x) Mich aela Martinez, a 12th Grader al Englewood High School (x) Jose lir1 e O,ti-l, c::1 ,si G1 ader at Bi shop El ementary School (xi) Natalie Hiibsctunan , a 12" Grader al Englewood Hiyll School (xii) Kaylie Carpenter, a 61 " Grad er at Clayton Elementary Sclt uol (x11i) Shawn Michaelis, an 1 1th Grader at Colorado's Finest Alternative High School (x iv) Lizzy Marcoux, a 1" Grader at All Souls Ca tholic School (xv) Kaleb Greene, a 3" Grad er at Cl ayton Elementary School 7, Recognition of Unscheduled Public Comment (a l Gary Kozacek, an Englewood resident, said I was he re two weeks ago and handed out some fl ye rs lo you. Mr. Kozacek p rovided cop ies to Counc,I regarding his citalior pertain ing to his trailer, including pictures. He noted that Code Enforcement ciled others with trailers that were unattached . He would like lo se e the policy regarding unattache d trailers changed . (b) Ira Sasina, an Englewood re si dent, spoke regard i ng Lehigh Avenue and the new school campus . He has con tacted th e sch oo! district and City Courcil but no one is ta lk ing to him. He has not received any offer of compensation for th e property he has developed over the vears as he has requested . He has hired an attorney and said hP. feels bullied . (c) Diana Sasina. an Englewood res ident. said the issue for us is not ~ow it is be ing done , but what is being done to us . W e need some clarification . We are expressing cur concsrn:1 , but not receiving any re spons• back . The Sasina's don't understand how lhe school bond money was raised and where it was spent. They feel that City Co uncil is keeping informat:.,n from them purpose ly . They are directly impacted with lhis project She said the re appears •o be a lack of communication between us , th e school district and the City. Coun ci l responded to Public Comment . Englewood City Council November 19, 201i Pago 3 8. Communications, Proclamations and Appointments (a) A lette r from Ka:ie Walsh indicotlng her resignation from the Keep Englewood Beautiful Board was considered . COUNCIL MEMBER WOOOWARO MOVED, AND COUNCIL MEMBER WILSON SECONDED , TO ACCEPT THE RESIGNATION OF KATIE WALSH FROM THE KEEP ENGLEWOOD BEAUTIFUL BOARD. Vote results : Motion carr ied Ayes : Council Members Jefferson, Mccaslin, W il son , Penn, Woodward, Olson, Gilli! Nays: None (b) A letter from Brianna Carey ind icaijng her resignation from the Enotewood Cultural Arts Commission was cons idered . COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO ACCEPT THE RESIGNATION OF BRIANNA CAREY FROM THE ENGLEWOOD CULTURAL ARTS COMMISSION . Vote results: Malian carr ied . Ayes: Council Members Jefferson , McCaslin , Wilson , Penn . Woodward, Olson , Gilli! Nays : None 9 . Consent Agenda COUNCIL MEMBER WOODWARD MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I) AND 9 (c) (1), (II). (a) Approval of Ordin~nces on Fi rst Reading (i) COUNCIL BILL NO . 60, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROVIN<. AN INTERGOVERNMENTAL AGREEMENT (IGA) ENTITLED "CONTRACT BY AND BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG) AND THE CITY OF ENGLEWOOD" FOR REIMBURSEMENT TO THE CITY OF ENGLEWOOD, COLORADO FOR l HE COSTS UF 2012 TRAFFIC SIGNAL SYSTEM EQUIPMENT PURCHASE (b) Appruval of Ordinances on Second Reading There were ro items submitted for approval on second reading . (c/ Resolutions and Motions (1) RESOLUTION NO . 86 , SERIES OF 2012 A RESOLUTION APPROVING MOOIFl':ATION FOR PUBLIC WORKS R IGHT-OF-WAY rERMITS FEES. (1i) RESOLUTION NO. 87, SERIES OF 2012 A RESOLUTION ESTABLISHING FEE SCHEDULES FOR THE CITY OF ENGLEWOOD CONCRETF. UTILITY . Vote results: Moijon carried . Ayes : Counc il Members Jefferson. Mccaslin , Wilson , Penn , Woodwa rd, Olson , Gilli! Nays: None Englewood City Council November 19 1 2012 Pago 4 10. Public Hearing Items !Cle rk 's Note : Ag enda Items 10 (a) and 10 lb) were combined into one public hearing I (a) A Public Hearing to gather inpul on Council Bill No. 58, approving U· · rezoning of Flood Middle Schoo l from MU -B 1, MU -R-3-8 and R-2-B to PUD. (b) Subd ivisi on . , rublic Hearing lo gothcr ,n p on Coun cil Bill No. 59, approving lhe Alla Cherry Hills Major COUNCIL MEM BER WILSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO OPEN THE PUBLIC HEARING TO GATllER INPUT ON cr,UNCIL BILL NO. 58, APPROVING THE REZONING OF FLOOD MIDDLE SCHOOL FROM MU-0-1 , MU-R-3-B, AND R-2.-B TO PUD AND TO GATHER INPUT ON COUNCIL BILL NO . 59, APPROVING THE ALTA CHtRRY HILLS MAJOR SUBDIVISION. Vole rc~wils : Ayes . Council Members Je fferson , Mccaslin , Wilson, Penn, Woodward , O lson, G illit Nays . No11e Mallo n carried and lhe Public Hearing oµt!rec!. All testimony was given under oath . Planner II Bell pr,,se nte~ background lnforma l ion regard ing lhe pr , ,vseu re<o nhg o f Fr)od Middle Sc~ool from MU-B-1, MU-R -3 -B and R-2-B to ?UD and the Alla Cherry Hills r-iaJo r Subdivision . A Powerf'olnt prese ntation and discussion were provided oy Edward Barsocchi (Bar bury Holui11ys LL'~.). Tim McEntee (Wood Partners), Robert Miller (PBA Architects), Billy Harris Jr. and Michael Kibbee (Harris , Coker, Smi th), and Ryan McBreen (Norris Design). Publ ic Works Traffi c Eng ineer Vestry spok e rega rding the C ny·s tratt,c patterns and designated tu rn lanes In or near the development area . Bob Laughlin, South Broadway Eng lewood Improvement District Presijent, read a leller into the record indicating support for the re-develo pment of the Flood Midd le School Property. COUNCIL MEMBER GILLIT MOVED, ANO COUNCIL MEMBER McCASLIN SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO . 58, APPROVING THE REZONING OF FLOOD MIDDLE SCHOOL FROM MU-B-1, MU-R-3-B AND R-2-B TO PUD AND TO GATHER INPUT ON COUNCIL BILL NO. 59 , APPROVING THE ALTA CHERRY HILLS MAJOR SUBDIVISION . Voto results: Ayes. Council Members Je tte rson . Mccaslin , Wilson, Pea ,, Woodward , Olson , G illil Nays: None Motion ca rr ie d and the Public Heari ng clos~d . Th e m eeting rncessed at 9:50 p.m . The m eeting reconvened at 9 ·58 p.m with all C ity ".:ouncil members present. 11. Ordinances Resolutions a . d Motions (a) A pproval of O rdinances on First Reading (i ) Director Fonda presen ted a recommendation from the Ut:li lies Depanmenl to adopt a bil l for a ,, ord inance amending sect ions of the Englewood Mun icipal C ode pertaining ti, sew~r fe es a nd charg es Englewood City Council November 19, 2012 Page 5 COUNCIL MEMBER WOODWARCI MOVED, AND COUN CIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I)· COUNCIL BILL NO. 57 . COUNCIL BILL NO. 57, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AMENDING TITLE 12. CHAPTER 2 , SECTION 3, SUBSECTIONS BAND D, OF THE ENGLEWOOD MUNICIPAL CODE 2000 REGARDING SEWER FEES AND CHARGES. Vote results: Mot ion carried . Ayes: Council Members Jefferson , Mccaslin, W ilson, Penn, Woodward, Olson , Gillil Nays: None (ii) Deputy City Manager Flaharty presented a recommendation from the City Manager's Office to adopt a bill fo r an ordinance amend in g the Enqlewood Municipal code penaining to use oi public faci li tie s in the City right-of-way COUNCIL MEMBER OLSON MOVED, ANO COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ff)· COUNCIL BILI. NO. 61. COUNC IL BILL NO . 6 1, INTRODUCED BY COUNCIL MEMBER OLSON A BILL FOR AN ORDINANCE AMENDING TITLE 11, CHAPTER 7 , BY THE ADDITION OF A NEW PARAGRAPH 32, OF THE ENGLEWOOD MUNIC IPAL CODE 2000 REGARDING THE CITY'S USE OF PUBLIC FACILITIES IN CITY RIGHTS-OF-WAY OR PUBLIC PLACF.S . Voto results : Motion carried . Ayes : Council Members Jeffe rson, McCaslin , W ilson, Penn , Woodward , Olson , Gillit Nays: None (i,i) Director Gryglewicz presented a recommendation from the F inance Department to adopt a bill fer an ordinance modifying the Englewood Mun icipal Code to comply with the City of Englewood Firefighters Pension Pian Document and Colorado Statutes . COUNCIL MEMBER WOODWARD MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO APPROVE AG 'NOA ITEM 11 (a) (Ill)· COUNCIL BIL.L NO. 62 . COUNCIL BILL NO. 62, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE Af1ENDING TITLE 3, CHAPTER 6, SECTION 1, SUBSECTION 1, OF THE ENGLE\'IIOOD MUNICIPAL CUlw. 2000 , PERTAINING TO THE FIREFIGHTERS' PENSION FUND. Vote results : Moti on carried Ayes: Council Members Jefferson. Mccaslin, Wilson. Penn, Woodward , O lson, G illit Nays · None (iv) Emerg ency Management Coordina tor Green pr c:;c nted ii recommendation from the Englewood Office of Emergency Managennent to adopt a bill for an ordinance approvi,19 the applicati on for and acceptance of a 2013 ..:mergea~y Mana:,ement Program Gran t. COUNCIL MEMBER I\OODWARD MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iv) -C')UNCIL BILL NO . 63. COUNC:IL BILL NO 63, INTRODUCED BY COUNCIL M[ME:!ER WOODWARD Englowood C lty Counc ii November 19, 2012 Page 6 A BILL FOK AN ORDINANCE AUTHOHIZING 1,N APPLICATION FOR AND ACCEPTANCE OF Tl tE 2013 COLORAOO OFHCE OF :=MERG ENCY MANAGE•~EN 'I ·s (COl:M) 1:MERGENCY MANAG!::M!::NT PROGRAM GRANT (EMPG), LOCAL EMERG ENCY ..,ANAGER SUPPORT (LEMS) PROGRAM BE TWEEN THE CITY OF ENGLEWOOD, COLORADO AND HIE STATE OF COLORADO DIVISION OF EMERGENCY MANAGEMENT. Vot e results: Ayes Council Mem bers Jefferson, Mcc asli n, Wilson, Penn, Woo<Jwa1d , O lsor, Gillil Nays. None Motion carried (b) Approval of Ordinances on Secood Reading Thcr~ were no items submitted for approval on second reading (c) Resolutions and Motion s There were no additional resolutions o r motions submitted fo r approval. (See Agenda 11cm 9 (c).) 12 General Discussion (b) Council Members' Choice 13. City Manager's Report 14 . City Attorney's Report C ity Attorney 81otzman did not have any matters to br in~ belore Council . 15 . Adjournment