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Home My WebLink About2012-12-03 (Regular) Meeting MinutesENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session December 3, 2012 A permanent set of these minutes and the audio are mainlained in the City Clerk's Office . Minutes and streaming audios are also available on the web at : http ://www ."" •oodgov .org/lndex .aspx?paqe=999 Cal! to Order Tho regular meeting of the Englewood City Counc i1 was called to order by Mayor Penn at 7:36 pm . 2. Invocation The invocation was given by Counci l Mernber Mccaslin. 3. Pledge of Allegiance The Pledge of Allegiance was led by Council Member Mccaslin . 4 . Roll Call Present: Council Members Jefferson, G 1llit, Mccaslin, Wilson, Woodward , Penn Absent: Council Member Olson A quorum was presen t. Also present: Ci!y Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City c.lerk Ellis Deputy City Clerk Bush Director Gl)•glewicz , Finance and Administrative Services Di rector Wr,ite , Community Development Di rec tor Fonda , Utilities Directer Black, Parks ond Recreation Fire Chief Pattarozzi Goll Operations Manager Spada , Parks and Recreation Economic Development Manager Hollingsworth Planner II Bell, Community Development Engineer IV Abouaish, Utilities Police Sergeant Contos EMS/Emergency Managemem Coo rdinator Green . Fire Fi re Lieuter,ant Vetos Fi re Lieute nant Stout Driver Operator Eng in eer Alley, Fire Fi re Medic Nieto Firefighter Cash Driver Operator Eng ineer LeBeau Batallion Chief Ertle , Fire Fire Medic Hehn Fi re Medic Gettman Driver Operator Engineer Flor, Fire Fi refighter Garner Englewood City Council December 3, 2012 Page 2 Fire Lieutenant Nicholson Executive Assistant Norconk, Fire Volunteer Vercande, Fire Consideration of Minutes of Previous Session (a) COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 19, 2012 . Vote results: Ayes : Council Me11 ilers Jeffe rson , Mccaslin, Wilso n, Penn. Woodward , Gilli: Nays : None Absent: Council Member Olson Motion carried . 6 Recognition of Scheduled ~·ublic Comment (a) Englewood Fire Chief Mi ch ael Pallarozzi reccgr.i~.ed lhe winning classes of the 20 12 Fire Prevention Week Poster Contest. which was followed by a brief recep tion held in the Community Room . The winn ing classes were : Ki nde1garten. St. Louis , Mrs. KasJ::ar , 1'1 Grade , St Lo•Jis , Mrs . Kaspar ; 2nd Grade, ,"-II Souls. Mrs. Niswonger; 3" G.ade, All Souls, M rs. Hombs; 4'" Grade, All Souls , Mr s. Prado ; 5'" Grade , BisMp, Ms. DeGroode and Ms . DeMvnch. Council recessed at 7:46 p.m . for a b rief reception . The meeting reconvened a t 8 03 p.m . with six City Council Membe rs oresent and one Ci ty Council Membe1 absent : Council Member O lson 7. Recognition of Unscheduled Public Comment (a) Tom Henley , Area Manager with Xcel Energ y, discussed Council Bill No .61, wh ich involves Xcel Energy's poles and the possibility of laking private ~roperty . Xcel is currently in discussion with various municipalities and the specific requirements of possibly attaching anyth in g to their poles are under consideration by a committee . Xcel Energy th inks there could be a safety and/or a risk issue. They ask that Counci! Bill No 61 be removed from the Conser.I Agenda ar, 1 discussed further. (b) Dudley Spiller. a legal representative from Xcel Energy/Public Service of Colorado, informed the Council th at Counci l Bill No. 61 is not legal. The PUC is regulated and he does not think that Engtewooc has serious ly or legal ly consi:lered the implications of lh:s Council Bill . No poster. ban .,er. placards. etc . shall be attached to their Jtil ily poles . They have the exc!usive jurisdiction. not the home rule municipalities . He believes that if this continues. this is a violation of the ccrienl Franchise Agreem ent. (cl Mall Brower, a Denver re si dent and a consultant for Englewood Academy Charter School , dis~ussed the loss of the compelilive advantage in the Englewood School system . Attendance has droppe:l oreatly and the children are going lo other school districts for belier educational opportunities . He believes 11 .e chart er sc:hoal system will mgain the co mpetitive advantage for the school district . (d) Terry o·connell, a Littleton resident, spoke as a concerned grandparent regarding the sc1,ool programs current1y being offe re d He believes that unions and vested inte:~est people carry more weight than the actual rarP.nts. They don't have the same vo ice and requests for change are not being heard . He encourages ~veryone to cut th e Academy some slack and give them a chance He said an open mind would bP. appreciated ar).J va1uabte (e) Christian Contos , an Englewood Police Impact Sergeant . introduced the newest member of the P,"lice Im pac t Team , Bobbie Ga rrett . Her vast knowledge and ex peri ence will be an asset to the team . he said She is replacing Officer Perry Schellpfeffer, v-·,o is going lo the Pc-trol Division Engl~wood City Council De•aember 3, 2012 Page 3 Council responded to Public Comment. C Communications, Proc1.matlons and Appointments There were no communications, proclamations or appointments . 9. Consent Agenda (a) Approval of Ordinances M Firsl Reading COUNCIL MEMBER WOODWARD MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), (ii), 9 (b) (I), (II), (ill), (Iv), (v) AND 9 (c) (I), (ii). (i) COUNCIL BILL NO. 64, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROVING THE GOLF COURSE RESTAURANT CONCESSIONAIRE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND BROKEN TEE GRILL , LLC . (ii) COUNCIL BILL NO . 66, INTRODUCED BY COUNCI L MEMBER WOODWARD A BILL FOR AN ORDINANCE APPRO,ING SUPPLEMENT NO . 168 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR:, .<GREEM ENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES . (b) Approval of Ordinances on Second Read ing (1) ORDINANCE NO. 58, SERIES OF 2012 (COUNCIL BILL NO. 57, INTROCUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AMENDl~:G TITLE 12, CHAPTER 2 , SECTION 3 , SUBSECTIONS BAND D, OF THE ENGLEWOOD MUNICIP,O • CODE 20·)0 REGARDING SEWER FEES AND CHARGES (ii) ORDINANCi.: NO 59 , SERIES OF 2012 (COUNCIL BILL NO. 60, INTRODUCED BY COUNCIL ME ,A IJER WOODWARD) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGAI ENT:TLED "CONTRACT BY AND BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG) AND THE CITY OF ENGLEWOOD" FDR REIMBURSEMENT TO THE CITY OF ENGLEWOOD, COLORADO FOR THE COSTS OF 2012 TRAFFIC SIGNAL SYSTEM EQUIPMENT PURCHASE. (i iil ORDINANCE NO. 60, SERIES OF 2012 (COUNCIL BILL NO . 61 , INTRODUCED BY COUNCI L MEMBER OLSON) AN ORDINANCE AMENDING TITLE; 1, CHAPTER 7, BY THE ADDITION OF A NEW PARAGRAPH o2, OF THE ENGLEWOOD MUNICIPAL CODE 2000 REGARDING THE CITY 'S USE OF PUBLIC FACILITIES IN CITY RIGHTS-OF-WAY OR PUBLIC PLACES (iv) ORDINANCE NO. 61, SERIES OF 2012 (COUNCIL BILL NO. 62 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE APPROVING AMENDING TITLE 3, CHAPTER E. SECTION 1, SUBSECTIO~-I , OF THE ENGLEVI/OOD MUNICIPAL CODE 2000 , PERTAINING TO THE F,REFIGHTERS' PENSI 0 ~, FUND. (v ) ORDINANCE NO. 62 , SERIES OF 2012 (COUNCIL BILL NG. 63, INTRODUCE'1 BY COUNCI L M EM BER WOODWAR O) Englewood City Council December 3, 2012 Page4 A N ORD INANCE APPROVING AUTHORIZING AN APPLICATION FOR AND ACCEPTANCE OF THE 2013 COLORADO OFFICE OF EMERGENCY MANAGEMENT'S (COEM) EMERGENCY MANAGEMENT PROGRAM GRANT (EMPG). LOCAi. EMERGENCY MANAGER SUPPORT (LEMS) PROGRAM RFTWFFN THE CITY OF ENGLEWOOD. CO LORADO AND THE STATE OF COLORADO DIVISION OF EMERGENCY MANAGEMENT. (c) Resolutions and Mot ions (i) RESIJLUTION NO. 88. SERIES OF 2012 A ?.ESOLUTION ADOPTING AMENDMENTS TO THE CITY OF ENGLEWOOD FIREF IGHTERS PENSION '.•,.,,N LJOCUMl=N I . 1il) RESOLtJTION NO. 69, SERIES OF <012 A RESOLUTION ADOPTING AMENDMENTS TO Tl IE CITY OF CNGLEWOOD POLICE OrFICERS PENSION PLAN DOCUMENT. Voto results: Ayes : Cou ncil Members Jetterson, Mccasl in , W ilson, Penn , Woodward, Gilht Nays None Absent: Council M~mber Olson Motio n carr ed. 10. Public Hearing Items No ~ublic hearing was scheduled before Council. 11 . Ordinances, Resolutions and Motions (a) Approval of Ordinances on Fir ;t Reading (i) Engineer IV Abouais h presented a recommendation from the Utililies Department to a dopl an ordinance approving the cha nge to the Stormwater Section of the Englewood Ml'nlcipal Code #12-5-9 regarding fi re fighting discharges to rellect '<1 oergency fireftghling,' to comply with t11e Co 'orado Departmenl of Healih's MS4 Permit. COUNCI L MEMBER WILSON MOVED, AND COUNC IL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (.•) (I) -COUNCIL Bill NO . 65 . COUNCIi. All.I. NO 65, INrnODIJCED BY COUNCIL •A EMBER WILSON P. BILL FOR AN ORDINANCE AM EN DING TITLE 12. CHAPTER 5, SECT!ON 9. OF I:::: ENGLEWOOD MUNICIPAL CODE 2000. ENTITLED PROHIBITED DISCHARGES . Vote results: Ayes: Council Members Jefferson, Mccaslin, Wilson, Penn , Woodward , Gillit N&Js: None Abse.,t: Council Memb~r Olso n Motion earned . (Ii) Di rector Gryglewicz presen ted a rcco111mcn dal1on from the Finance Department lo aaopt an ordinance approving the Firs• Arnt!ndment to th e lntergov e1nmen tal Agreement for Open Space Sales and Use Tax Sha re back Funds . Englewood City Council December 3, 2012 Page 5 COUNCIL MEMBER WOOl.iWARD MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGENDA ITEM 11 (a)(ll) •C·1UNCIL BILL NO. 67. COUNC IL BILL NO . 67 . INTRO!,IJCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORl71NG THE FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT FOR OPEN SPACE SALES AND USE TAX SHAREBACK FUNDS . Vote results: Ayes : Council Members Jeffe,son, Mccaslin, Wilson , Penn , Woodward, Gillit Nays : None Absent: Council Member Olson Motion carried . (b) Approval of Ordinances on Second Reading COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO APPROVE AGENDA ITEM 11 (b) (1)-0ROINANCE NO. 63, SERIES OF 2012 AND AGENDA ITEM 11 (b) (II) - ORDINANCE NO. 64, SERIES OF 2012. (i i ORDINANCE NO . 63 , SERIES OF 2012 (COUNCIL BILL NO . 58, INTRODUCED BY COUNC:L MEMBER WOODWARD) AN ORCINANCE APPROVING THE FLOOD MS PLANN..:D UNIT DEVELOPMENT (PUO), BY BARBU RY HOLDINGS, LLC LOCATED AT THE NORTHEAST CORNER OF SOUTH BROADWAY AND KENYON AVENUE ALSO KNOWN AS 3695 SOUTH LINCOLN STREET, IN THE C ITY OF ENGLEWOO'.'l, COLORADO. (ii) ORDINANCE NO . 64 . SERIES OF 2012 (COUNCIL BILL NO . 59, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE APPROVING THE ALTA CHERRY HILLS SUBDIVISION LOCATED A r THE NORTHEAST CORNER OF SOUTH BROADWAY AND KENYON AVENUE ALSO KNOWN AS 3695 SOUTH LINCOLN IN THE CITY OF ENGLEWOOD, COLORADO. Vo1e results : Ayes : Council Members Jefferson, M-:Caslin . Wilsor,. Penn , Woodward , Gill it Nays : None Absent : Council Member Olson Motion carried. (C) Resolutions and Malia ns (1 ) Economic Develor.ment Manager Hollingsworth presented a recommendation from the City Manager's ()ffice to approve , by mot,on, th e So uth Bro adway Englewood Improvement Di strict Operating P:an and pro~.i:,ed 2013 Budget. COUNCIL MEMBER WOODWARD MOVED, AND COUNCIL MEMBER GILLIT SECONDED , TO APPROVE AGENDA ITEM 11 (c) (t)-THE SOUTH BROADWAY ENGLEWOOD IMPROVEMENT DISTRICT OPERATING PLAN ANO PROPOSED 2013 BUDGET. Vote results : Motion carried Ayes : Council Members Jefferscn, Mccaslin, Wilsoa, Penn , Woodward, Gill it Nays : None Absent. Council Member Olson Englewood City Council Docombor 3, 2012 Pogo 6 12 . General Discussion (al Mayor's Choice (bl Council Members' Choice 13 . City Ma nage~s Report 14 . City Attcuney's :.eport City Atlorne~ flro tz man c,d not have any matters lo bring before Council. 15 . Adjournment MAYOR PENN MOVED TO Al'lJOURN . T~e meet in g adjourned at 9:21 p.m. ~~a.,